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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 Paper or fiche 523–5243 interest. 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 ( 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 $555, or $607 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 $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 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: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 207

Wednesday, October 27, 1999

Agriculture Department Environmental Protection Agency See Commodity Credit Corporation RULES See Food Safety and Inspection Service Air programs; approval and promulgation; State plans for See Rural Utilities Service designated facilities and pollutants: Pennsylvania, 57781–57784 Air Force Department Air quality implementation plans; approval and NOTICES promulgation; various States: Environmental statements; availability, etc.: District of Columbia, 57777–57781 Base realignment and closure— PROPOSED RULES K.I. Sawyer Air Force Base, MI, 57869 Air pollution control; new motor vehicles and engines: Tier 2 motor vehicle emission standards and gasoline sulfur control requirements, 57827–57834 Commerce Department Air programs; approval and promulgation; State plans for See Export Administration Bureau designated facilities and pollutants: See International Trade Administration Pennsylvania, 57827 Air quality implementation plans; approval and Committee for the Implementation of Textile Agreements promulgation; various States: NOTICES District of Columbia, 57826–57827 Cotton, wool, and man-made textiles: Water programs: Brazil, 57865–57866 Clean Water Act— Cambodia, 57866–57867 Water quality planning and management; National Colombia, 57867 Pollutant Discharge Elimination System program Egypt, 57867–57868 and Federal antidegradation policy, etc., 57834– Uruguay, 57868–57869 57835 NOTICES Commodity Credit Corporation Meetings: NOTICES Good Neighbor Environmental Board; change of agenda, Agency information collection activities: 57875–57876 Proposed collection; comment request, 57840 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Defense Department Chlorpyrifos, 57876–57877 See Air Force Department Pesticide registration, cancellation, etc.: PROPOSED RULES Methyl parathion, 57877–57881 Federal Acquisition Regulation (FAR): Reports and guidance documents; availability, etc.: Indian organizations and Indian-owned economic Food Quality Protection Act; science policy issues— enterprises; utilization, 57963–57965 Threshold of regulation policy; deciding whether pesticide with food use pattern requires tolerance, Education Department 57881–57884 RULES Particulate matter; air quality criteria, 57884–57885 Postsecondary education: Superfund; response and remedial actions, proposed William D. Ford Federal Direct Loan Program, 57959– settlements, etc.: 57961 Pulverizing Services Site, NJ, 57885

Emergency Oil and Gas Guaranteed Loan Board Export Administration Bureau RULES NOTICES Emergency Oil and Gas Guaranteed Loan Program; Meetings: implementation, 57945–57958 Information Systems Technical Advisory Committee, 57841–57842 Emergency Steel Guarantee Loan Board Federal Aviation Administration RULES PROPOSED RULES Emergency Steel Guarantee Loan Program; implementation, Airworthiness directives: 57931–57944 Aerospatiale, 57787–57789 Airbus, 57796–57802 Energy Department Boeing, 57794–57810 See Federal Energy Regulatory Commission Bombardier, 57798–57800 NOTICES McDonnell Douglas, 57789–57794, 57806–57825 Meetings: Pratt & Whitney, 57810–57811 Environmental Management Site-Specific Advisory NOTICES Board— Aviation Rulemaking Advisory Committee; task Savannah River Site, SC, 57869–57870 assignments, 57921–57922

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Environmental statements; availability, etc.: NOTICES Cleveland Hopkins International Airport, OH, 57922– Agency information collection activities: 57923 Reporting and recordkeeping requirements, 57891–57892 Passenger facility charges; applications, etc.: Submission for OMB review; comment request, 57892– Natrona County International Airport, WY, 57923–57924 57893 Food additive petitions: Federal Communications Commission Ciba Specialty Chemicals Corp., 57893 PROPOSED RULES Reports and guidance documents; availability, etc.: Radio stations; table of assignments: Sprouted seeds, microbial food safety hazards reduction; Florida, 57837 and sprout production, spent irrigation water Illinois, 57838–57839 sampling and microbial testing; industry guidances, Iowa, 57838 57893–57902 Montana, 57836–57837 South Dakota, 57837–57838 Food Safety and Inspection Service Texas, 57835–57836 NOTICES Meetings: Federal Deposit Insurance Corporation Meat and Poultry Inspection National Advisory NOTICES Committee; correction, 57840–57841 Agency information collection activities: General Services Administration Submission for OMB review; comment request, 57885– PROPOSED RULES 57886 Federal Acquisition Regulation (FAR): Federal Energy Regulatory Commission Indian organizations and Indian-owned economic NOTICES enterprises; utilization, 57963–57965 NOTICES Environmental statements; availability, etc.: Environmental statements; notice of intent: Southeastern Hydro-Power, Inc., 57873 Springfield, MA; Federal courthouse, 57890 Environmental statements; notice of intent: Federal property management: Wyoming Interstate Co., Ltd., 57873–57874 Utilization and disposal— Hydroelectric applications, 57874–57875 Excess biomedical and information technology Applications, hearings, determinations, etc.: equipment with potential Y2K defects, 57890– Eastern Shore Natural Gas Co., 57870 57891 KN Interstate Gas Transmission Co., 57870 Natural Gas Pipeline Co. of America, 57871 Health and Human Services Department Natural Gas Pipeline Co. of America et al., 57871 See Food and Drug Administration Northwest Pipeline Corp., 57871 See Health Care Financing Administration Oconto Electric Cooperative, 57872 Transcontinental Gas Pipe Line Corp., 57872 Health Care Financing Administration Williams Gas Pipelines Central, Inc., 57872 NOTICES Agency information collection activities: Federal Highway Administration Proposed collection; comment request, 57902 NOTICES Environmental statements; notice of intent: Immigration and Naturalization Service Lebanon County, PA, 57924 NOTICES Agency information collection activities: Federal Mine Safety and Health Review Commission Proposed collection; comment request, 57906–57908 NOTICES Meetings; Sunshine Act, 57908–57909 Interior Department See Land Management Bureau Federal Reserve System See National Park Service NOTICES See Reclamation Bureau Banks and bank holding companies: Change in bank control, 57886 International Trade Administration Formations, acquisitions, and mergers, 57886–57887 NOTICES Permissible nonbanking activities, 57887 Antidumping: Cold-rolled flat-rolled carbon-quality steel products Federal Trade Commission from— PROPOSED RULES , 57842 Privacy Act; implementation, 57825–57826 Industrial nitrocellulose from— NOTICES Brazil, 57854–57857 Privacy Act: China, 57857–57859 Systems of records, 57887–57890 France, 57859–57862 Germany, 57843–57845 Food and Drug Administration Japan, 57845–57847 RULES Korea, 57847–57850 Mutual recognition agreements: United Kingdom, 57842–57843, 57850–57852 U.S.-European Community— Yugoslavia, 57852–57854 Pharmaceutical good manufacturing practices annex; Mechanical transfer presses from— meeting, 57776–57777 Japan, 57862

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Polyethylene terephthalate film, sheet, and strip from— Rural Utilities Service Korea, 57862–57863 NOTICES Roller chain, other than bicycle, from— Agency information collection activities: Japan, 57863–57865 Proposed collection; comment request, 57841 Applications, hearings, determinations, etc.: University of— Securities and Exchange Commission Vermont, 57865 NOTICES Applications, hearings, determinations, etc.: Justice Department Public utility holding company filings, 57910–57918 See Immigration and Naturalization Service Labor Department Small Business Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 57908 Proposed collection; comment request, 57918–57919

Land Management Bureau Social Security Administration NOTICES RULES Closure of public lands: Social security benefits: California, 57903 Federal old age, survivors, and disability insurance— Realty actions; sales, leases, etc.: Title II benefits under family maximum provisions; Nevada, 57903–57904 reduction in cases of dual entitlement, 57774– 57776 Mine Safety and Health Federal Review Commission NOTICES See Federal Mine Safety and Health Review Commission Social security acquiescence rulings: National Aeronautics and Space Administration Parisi by Cooney v. Chater; dual entitlement, reduction of PROPOSED RULES benefits under family maximum; rescission, 57919 Federal Acquisition Regulation (FAR): Indian organizations and Indian-owned economic State Department enterprises; utilization, 57963–57965 NOTICES Art objects; importation for exhibition: National Highway Traffic Safety Administration Dangerous Curves: The Art of the Guitar, 57919 NOTICES Painting in Focus: Nicolas Poussin’s Holy Family on the Agency information collection activities: Steps, 57920 Proposed collection; comment request, 57924–57925 Meetings: International Telecommunication Advisory Committee et National Park Service al., 57920 NOTICES Organization, functions, and authority delegations: Environmental statements; notice of intent: Assistant Secretary For Educational and Cultural Affairs, Navajo National Monument, AZ, 57904–57905 57920 National Register of Historic Places: Shrimp trawl fishing; sea turtle protection guidelines; Pending nominations, 57905–57906 certification, 57921 Reports and guidance documents; availability, etc.: Director’s Order No. 25; land protection, 57906 Surface Transportation Board Nuclear Regulatory Commission NOTICES RULES Railroad operation, acquisition, construction, etc.: Radioactive material packaging and transportation: Puget Sound & Pacific Railroad, 57925–57926 Fissile material shipments and exemptions; response to Railroad services abandonment: comments and request for information, 57769–57774 Norfolk Southern Railway Co., 57926–57927 PROPOSED RULES Soo Line Railroad Co., 57927 Rulemaking petitions: Union of Concerned Scientists, 57785–57787 Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Agency information collection activities: Agreements Submission for OMB review; comment request, 57909 Meetings; Sunshine Act, 57909–57910 Transportation Department See Federal Aviation Administration Presidio Trust See Federal Highway Administration NOTICES See National Highway Traffic Safety Administration Meetings, 57910 See Surface Transportation Board Public Health Service See Transportation Statistics Bureau See Food and Drug Administration Transportation Statistics Bureau Reclamation Bureau NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 57927– Bay-Delta Advisory Council, 57906 57928

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Treasury Department Part III NOTICES Emergency Oil and Gas Guaranteed Loan Board, 57945– Agency information collection activities: 57958 Proposed collection; comment request, 57928–57929 Part IV Department of Education, 57959–57961 Udall, Morris K., Scholarship and Excellence in National Environmental Policy Foundation Part V NOTICES Department of Defense, General Services Administration, Meetings; Sunshine Act, 57929 National Aeronautics and Space Administration, 57963–57965

Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Emergency Steel Guarantee Loan Board, 57931–57944 and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

10 CFR 71...... 57765 Proposed Rules: 30...... 57785 13 CFR Ch. IV...... 57932 Ch. V...... 57946 14 CFR Proposed Rules: 39 (19 documents) ...... 57787, 57789, 57790, 57792, 57794, 57796, 57798, 57800, 57802, 57806, 57808, 57810, 57811, 57814, 57816, 57818, 57820, 57822, 57823 16 CFR Proposed Rules: 4...... 57825 20 CFR 404...... 57774 21 CFR 26...... 57776 34 CFR 685...... 57960 40 CFR 52...... 57777 62...... 57781 Proposed Rules: 52...... 57826 62...... 57827 80...... 57827 85...... 57827 86...... 57827 122...... 57834 123...... 57834 124...... 57834 130...... 57834 131...... 57834 47 CFR Proposed Rules: 73 (9 documents) ...... 57835, 57836, 57837, 57838 48 CFR Proposed Rules: 26...... 57964 52...... 57964

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Rules and Regulations Federal Register Vol. 64, No. 207

Wednesday, October 27, 1999

This section of the FEDERAL REGISTER the costs of implementing the notified the NRC by telephone on contains regulatory documents having general emergency final rule. 11, 1996, that it had applicability and legal effect, most of which DATES: The final rule became effective discovered that the NRC and the U.S. are keyed to and codified in the Code of 10, 1997. Comments on the Department of Transportation (DOT) Federal Regulations, which is published under regulations (10 CFR 71.53 and 49 CFR 50 titles pursuant to 44 U.S.C. 1510. costs associated with shipments of fissile material made under the fissile 173.453, respectively) on fissile exempt The Code of Federal Regulations is sold by material exemption and general license shipments did not provide adequate the Superintendent of Documents. Prices of provisions of Part 71 are requested by criticality safety for certain shipments of new books are listed in the first FEDERAL , 2000. fissile material 1 (enriched uranium REGISTER issue of each week. containing beryllium oxide.) ADDRESSES: Comments on the costs Specifically, B&W demonstrated associated with shipments of fissile through calculations that a shipment, material made under the fissile material NUCLEAR REGULATORY containing large amounts of an exempt exemption and general license COMMISSION concentration of enriched uranium in provisions of Part 71 should be sent to: the presence of beryllium, intended to Secretary, U.S. Nuclear Regulatory 10 CFR Part 71 be shipped pursuant to the then existing Commission, Washington, DC 20555– 10 CFR 71.53(d), could result in a 0001; Attn: Rulemakings and RIN 3150±AF58 nuclear criticality.2 B&W indicated that Adjudications Staff. Hand deliver a beryllium oxide-enriched uranium comments to 11555 Rockville Pike, Fissile Material Shipments and mixture would be produced as a waste Exemptions; Response to Comments Rockville, MD, between 7:30 am and product from its processing of strategic and Request for Information 4:15 p.m. on Federal workdays. material resulting from operations to You also provide comments via commercially downblend weapons- AGENCY: Nuclear Regulatory the NRC’s interactive rulemaking web Commission. usable fissile material from the former site (http://ruleforum.llnl.gov). This site Soviet Union. B&W promptly notified ACTION: Final rule: Response to public provides the availability to upload the NRC of its concern, provided its comments and request for information. comments as files (any format) if your calculations to the NRC, and made web browser supports that function. For commitments not to make any such SUMMARY: The Nuclear Regulatory information about the interactive Commission (NRC) published on shipments. The NRC staff subsequently rulemaking site, contact Ms. Carol reviewed and verified B&W’s , 1997; 62 FR 5907, an Gallagher, (301) 415–5905; e-mail emergency final rule which amended its calculations and determined that [email protected]. expeditious revisions to NRC regulations regarding the shipment of Certain documents related to the exempt quantities of fissile material and regulations were needed to correct the emergency final rule, including deficiency because an inadvertent the shipment of fissile material under a comments received by the NRC on the general license. The NRC issued the nuclear criticality in the public domain costs associated with shipments of could involve fatalities, health effects emergency final rule without a notice of fissile material made under the fissile proposed rulemaking and the from the resulting radiation exposures, material exemption and general license and extensive cleanup costs. accompanying opportunity for public provisions of Part 71, may be examined comment prior to the rule’s finalization, The NRC also brought this problem at the NRC Public Document Room, immediately to the attention of the DOT because NRC found good cause to 2120 L Street NW., (Lower Level), and the U.S. Department of Energy dispense with these steps as being Washington, DC. These same documents (DOE). The DOT is a coregulator of impracticable and contrary to the public also may be viewed and downloaded fissile material shipments, and the DOE interest, as permitted under the electronically via the interactive makes many shipments of fissile exempt Administrative Procedure Act. rulemaking website established by NRC Notwithstanding the final status of the for the emergency final rule. 1 Fissile is defined in 10 CFR Part 71 and 49 CFR rule, NRC solicited public comments on FOR FURTHER INFORMATION CONTACT: Part 173 as: plutonium-238, plutonium-239, the rule during a 30-day comment plutonium-241, uranium-233, uranium-235, or any Naiem S. Tanious, Office of Nuclear period following publication in combination of these radionuclides. Packages used Material Safety and Safeguards, U.S. for shipment of materials containing these accordance with the Commission’s Nuclear Regulatory Commission, radionuclides must meet specific standards and regulations. This notice contains the Washington, DC 20555–0001, telephone operating limits designed to preclude nuclear NRC response to public comments criticality during transport, unless excepted by (301) 415–6103, e-mail [email protected]. received on the rule. These comments specific regulations (e.g., 10 CFR 71.53 or 49 CFR 173.453). essentially stated that the emergency SUPPLEMENTARY INFORMATION: 2 For transportation purposes, nuclear criticality rule, although needed for shipments means a condition in which an uncontrolled, self- with special moderators, caused an I. Background sustaining and neutron-multiplying fission chain unnecessary economic burden to On February 10, 1997; 62 FR 5907, the reaction occurs. Nuclear criticality is generally a concern when sufficient concentrations and masses shippers of fissile material exempt and NRC published an emergency final rule of fissile material and neutron moderating material general licensed shipments that use to expeditiously correct a defect in its exist together in a favorable configuration. The water as the moderator. In order to fissile material regulations, that was neutron moderating material cannot achieve quantify any unintended economic discovered 5 months earlier by Babcock criticality by itself in any concentration or configuration. It can enhance the ability of fissile impact caused by the emergency rule, & Wilcox, Naval Nuclear Fuel Division material to achieve criticality by slowing down the NRC is requesting information on (B&W). B&W, an NRC licensee, had neutrons or reflecting neutrons.

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.052 pfrm01 PsN: 27OCR1 57770 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations material each year. The NRC informed and moderators that could result in criticality in fissile exempt or generally the DOT of its intent to issue an criticality when shipped in compliance licensed shipments. There was also a emergency final rule. The DOT decided with sections of the regulations for need to limit the quantity of material in to defer any rulemaking until DOT staff which criticality analyses are not a single consignment (the B&W could review the public comments on required. Fissile exemptions in § 71.53 criticality model calculations were the NRC’s emergency final rule. and the general licenses in §§ 71.18 and performed using 200-centimeter high The criticality safety problem brought 71.22, were originally based on the infinite slab configuration). The to NRC’s attention with respect to assumption that water is the only problem of a lack of control on the total § 71.53 caused the NRC staff to review moderator that might be present in amount of fissile exempt material in an Part 71 to determine whether any other fissile exempt shipments. In these cases, exempt shipment was originally provisions of this part might be these rules provide inherent criticality identified during the revision process similarly deficient. The general licenses safety without a need for shippers to for the 1996 Edition of the International in §§ 71.18 and 71.22 provide for perform separate analyses. However, Atomic Energy Agency’s (IAEA’s) criticality control by limiting the some moderators (herein referred to as ‘‘Regulations for the Safe Transport of quantity of fissile material in a single special moderating materials) can Radioactive Material,’’ Safety package (i.e., similar to the quantity- increase the number of neutrons Requirement No. ST–1. The problem based fissile exemptions in § 71.53). available to cause fission as compared to was addressed in ST–1 by adopting a Section 71.18 (General license: Fissile ordinary water and result in the consignment limit on the amount of material, limited quantity per package) potential for criticality in shipments fissile exempt material that a shipper also assigns a criticality transport where these moderators are present, could transport as a private carrier (400g index 3 (pursuant to § 71.4) to each even though the shipments are in for Uranium-235, and 250g for other package. These sections were found to compliance with 10 CFR 71.53 and 49 fissile material), or deliver to a common have deficiencies comparable to those CFR 173.453. carrier for shipment. Before the discovered in § 71.53, where there were When the issue was identified to the emergency final rule, the NRC could not no restrictions placed on special NRC in September 1996, the presence of enforce a limit on the total quantity of moderating materials (i.e., materials special moderating materials in fissile material in a common carrier which would increase the number of significant quantities in NRC-regulated shipment because the regulations did neutrons available to cause fission as shipments of fissile exempt materials not require a transport index for each compared with ordinary water. Section had not been anticipated. However, package or require shipment by 71.22 (General license: Fissile material, certain international initiatives, exclusive use. The latter would restrict limited quantity, controlled shipment) including efforts to reduce stockpiles of the ability to use common carriers, had the additional deficiency of not strategic weapons material by while requiring a transport index would limiting the total amount of fissile processing for commercial use, have negate much of the advantage gained by material in a conveyance. During the resulted in the greater likelihood of the exemption. Consignment limits are NRC staff’s review, §§ 71.20 and 71.24, inclusion of these materials in NRC enforceable and represent a practical which also provide general licenses, regulated shipments. The materials operating limit that would prevent the were found to be adequate in that the proposed to be shipped by B&W potentially unsafe accumulation of moderators of concern were excluded. resulted from such a source. B&W had fissile exempt materials during Packages for shipments made in been awarded a contract to process shipment. accordance with a fissile material weapons-usable enriched uranium The NRC addressed these regulatory exemption in § 71.53 or the general materials from the Republic of defects by issuing the emergency final license in § 71.18 or § 71.22, are not Kazakstan. The waste product of the rule in February 1997. The final rule required to be certified by the NRC. The processing, a uranium-beryllium amended §§ 71.18, 71.22, and 71.53 by intent of §§ 71.53, 71.18, and 71.22, is filtercake, met the fissile exemption restricting the quantity of fissile that any materials packaged and provisions in then existing 10 CFR material in a shipment—if trace shipped in accordance with the limits in 71.53(d) and 49 CFR 173.453(d). quantities of special moderating these sections (and the other applicable However, B&W used a computer model materials (i.e., beryllium, graphite, or sections of 10 CFR Part 71 and 49 CFR of the enriched uranium-beryllium deuterium) were present. The final rule Part 173) were inherently safe oxide waste packages to demonstrate also restricted the quantity of fissile (incapable of an inadvertent criticality). that, if the packages were loaded for material shipped under a general license The B&W analyses demonstrated that a shipment into a sea-land container at or exempt shipment to a consignment deficiency existed in these the regulatory fissile exempt limit of no greater than 400 grams. requirements. concentration limit, adequate The NRC issued the emergency final The safety problem uncovered by the confidence in nuclear criticality safety rule without a notice of proposed B&W calculations, and verified by the would not have been provided. NRC rulemaking and opportunity for public NRC, involved quantities, geometries, had verified through independent comment prior to finalization because and concentrations of fissile materials analyses that the concerns raised by the the Commission found good cause for B&W analysis were valid and apply to dispensing with these steps as being 3 Transport index is defined in 10 CFR Part 71 as: other geometries and moderating impracticable and contrary to the public the dimensionless number (rounded to the next characteristics as well. To avoid interest under the good cause tests for tenth) placed on the label of a package, to designate inadvertent criticality, the NRC omitting notice and comment of the the degree of control to be exercised by the carrier determined that it was necessary to Administrative Procedure Act (5 U.S.C. during transportation. For a fissile material package, the transport index is considered to be the larger of restrict shipments of fissile material 553(b)(B)). Notwithstanding the final two numbers: the first is for external radiation with three special moderating materials: status of the rule, the Commission control and is calculated based on the maximum beryllium, graphite, and deuterium. solicited public comments on the final radiation level at one meter from the external However, the NRC concluded that rule during a 30-day comment period surface of the package, and the second is for criticality control purposes and is calculated based limiting beryllium, graphite, and following publication of the rule, in on the allowable number of packages stacked deuterium to trace quantities would not accordance with the provisions of 10 together during transportation. completely eliminate the possibility of CFR 2.804(e). The Commission stated

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Some emergency rule and receipt of public dioxide, and water, to verify the commenters requested that the comments, the NRC staff sought to study accuracy of minimum critical mass consignment limits be removed, others the technical issues raised by the public values. These minimum critical mass requested that the table after 10 CFR comments, and to perform an values were applied to the regulatory 71.53(a) be clarified to indicate that it independent evaluation of part 71 structure contained in the current Part applied only to shipments with special regulations relating to the fissile 71, and revised mass limits for both the moderating material present. Overall, material exemption and general license general license and exemption the commenters indicated that the final limits. The NRC awarded a contract to provisions to Part 71 were determined. rule was excessively burdensome for a the Oak Ridge National Laboratory ORNL concluded, and NRC staff agreed, large number of shipments that do not (ORNL). The results of the ORNL study that the restrictions imposed by the contain special moderators and were published by NRC in 1998 emergency final rule on shipments with requested that further rulemaking be and noticed in the Federal Register on special moderating material were accomplished to address their concerns. 13, 1998. This notice responds necessary to protect public health and Detailed discussion of the comments is to the comments received on the rule safety; however, the restrictions are presented below. Response to this and the results of the ORNL study. excessive for water-moderated general comment is presented first, with shipments. Based on its new keff II. Discussion responses to other specific comments calculations, we also agree that: (1) The presented later. Copies of the comment In developing the emergency final mass limits in the general license and letters are available for public rule, NRC staff noted that the regulatory exemption provisions could be safely inspection and copying, for a fee, at the and technical bases for the fissile increased and thereby provide greater Commission’s Public Document Room, exemption and general license flexibility to licensees shipping fissile located at 2120 L Street NW. (Lower provisions of Part 71 were internally radioactive material; and (2) additional Level), Washington, DC 20003–1527. inconsistent and not thoroughly revisions to Part 71 were appropriate to General Comment: All eight documented. Based on these regulatory/ provide greater clarification and commenters objected to the imposition technical bases questions and the public simplification of the regulations. We of the 400-gram limit of fissile material comments received on the rule, the NRC believe these changes will resolve the per consignment when special issued a contract to Oak Ridge National issues raised in the public comments on moderating materials (i.e., beryllium, Laboratory (ORNL) to: (1) perform an the emergency final rule, and provide graphite, or deuterium) are not present. independent evaluation of Part 71 greater usability to these Part 71 regulations relating to the fissile regulations. The commenters stated that the 400- material exemption and general license gram limit was unnecessarily restrictive limits; (2) review the technical issues III. Response to Comments on the for the majority of shipments (i.e., raised by public comments on the Emergency Final Rule water-moderated), and imposed a emergency final rule; (3) perform The NRC received eight letters penalty on shippers for what had been independent calculations of the commenting on the emergency final considered perfectly safe controls under minimum critical mass limits for rule. Four were from NRC fuel-cycle the old requirements without a different combinations of fissile material licensees; one from a remediation and justification being provided. Two and moderating material; and (4) decommissioning company, one from commenters stated that this new limit identify potential changes to the fissile DOE, one from the Nuclear Energy would double or triple the number of material exemption and general license Institute (NEI); and one from a member separate shipments needed to transport limits which may be warranted. The of the public (same comments as the same amount of fissile material, and results of the ORNL study are contained DOE’s). None of the commenters that this increase in the number of in NUREG/CR–5342,4 Assessment and objected to the rule insofar as it imposes shipments of fissile material would Recommendations for Fissile Material restrictions on the shipments of fissile cause a corresponding increase in Packaging Exemptions and General material when special moderating probability of worker injuries and Licenses Within 10 CFR Part 71, issued materials (i.e., beryllium, graphite, or transportation accidents, and would July 1998. Publication of NUREG/CR– deuterium) are present. However, all the increase licensee costs and paperwork 5342 was noticed in the Federal commenters also believed that the burdens to ship the same amount of Register (63 FR 44777; , changes to Part 71 that imposed fissile material. Two commenters 1998). consignment limits when special indicated that the rule will impose ORNL researched the historical bases moderating materials are not used, were unnecessary accounting and for the fissile material exemption and too restrictive and imposed an recordkeeping requirements on general license regulations in Part 71 unnecessary burden on licensees. licensees to assure compliance with the Several commenters believed that the rule. These commenters also believe 4 Copies of NUREGS may be purchased from the final rule would significantly increase that shippers will now need to more Reproduction and Distribution Section, Office of the number of shipments and would accurately determine the concentration the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555– increase licensee costs and paperwork of fissile material present in a package 0001. Copies are also available from the National burdens to transport the same quantity to assure compliance with this rule. One Technical Information Service, 5285 Port Royal of fissile material. Some commenters commenter was concerned that these Road, Springfield, VA 22161. A copy is also indicated that the number of shipments negative aspects of the rule were not available for inspection and/or copying for a fee at the NRC Public Document Room, 2120 L street, of fissile material involving the presence balanced by the accompanying increase NW. (Lower Level), Washington, DC. of special moderators was only a small in public health and safety. One

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.054 pfrm01 PsN: 27OCR1 57772 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations commenter stated that instead of wind up on the same conveyance and the transport of a special class of fissile globally restricting shipments which do that conveyance is subsequently material shipments (i.e., those with not contain special moderating involved in an accident. special moderators). Although the materials, the NRC should have Additionally, in the emergency final Commission believes that the identified a category of material rule the Commission simplified the commenters may have valid concerns descriptive of the special moderator- regulations to require that control be with respect to the unintended burden containing material, and restricted only maintained over one parameter (e.g., the imposed by the emergency final rule on that category. mass of the fissile material), rather than a large number of shipments that do not Response: The 400-gram limit of controlling five separate parameters use special moderators, the staff has not fissile material per consignment is (e.g., the mass of fissile material, the been able to obtain specific information essential to preclude an inadvertent fissile material concentration, regarding the burden estimates. The criticality occurring during a moderation, reflection, and geometry Commission has decided to consider an transportation accident involving fissile (i.e., the spatial arrangement of the additional rulemaking revising the material shipments with special fissile material, moderating material, fissile exemptions and general license moderators. However, the Commission and any reflecting material)). This was regulations of Part 71 to: (1) Address the agrees with the commenters that the accomplished by limiting the quantity concerns raised by public comments; (2) 400-gram limit may have caused an of fissile material to less than one-half provide greater clarity and simplicity to unintended and unnecessary economic of a critical mass, while using bounding these Part 71 regulations; and (3) burden to licensees whose fissile assumptions for the other parameters. provide increased flexibility for material exempt and general licensed Therefore, the fissile material can be in licensees who use these regulations. shipments use water as the moderator any geometrical configuration or This rulemaking is scheduled to revise because the 400-gram consignment limit concentration, and water can be present Part 71 to make it consistent with the may be too restrictive, in some cases. in any density (i.e., moderating IAEA transportation standards, and The Commission will address these effectiveness and reflection) and the would be undertaken in coordination unintended economic impact issues in fissile material still remains subcritical. with the DOT and the Agreement States. an upcoming rulemaking currently Further reductions in the mass limit being developed to revise Part 71 to were imposed if nuclides other than Specific Comments 235 233 make it compatible with the 1996 IAEA uranium (e.g., uranium or any Comment: One commenter stated that standards. This rulemaking effort will isotope of plutonium) were present or if the rule will double the number of more thoroughly examine these issues, moderating materials with a hydrogen water-moderated shipments that will be however, the Commission has not, as density greater than water (i.e., oil or needed to transport the same amount of yet, been able to obtain specific plastic) were present. fissile material. The commenter further information regarding the burden claim Licensees desiring to ship fissile stated that the increase in the number of made by the commenters. The staff is materials in quantities that do not meet shipments will increase the cost of the limits of the fissile material currently seeking specific information shipping the material, increase the exemption, or the general license from the commenters to quantify this chance of injury to workers due to regulations, may use other provisions of burden. The NRC needs this cost/benefit increased probability of loading Part 71 to submit an application to the data from the fissile material shipping accidents, and will increase the NRC for approval of the design of a industry to quantify the unintended probability of highway accidents due to transportation package to ship the fissile impact of the emergency rule. Therefore, the increased number of transport material (e.g., Type A(F) or Type B(F) the Commission is taking this vehicles on the road. opportunity to explicitly request this packages), or may use previously Response: The Commission agrees information from the commenters, the approved Type A(F) or B(F) packages. industry and the DOE. [Note, the use of a Type B(F) package that there may be an increase in the The Commission had imposed the would also require a licensee to have a number of water-moderated shipments. 400-gram consignment limit because of quality assurance program in place [See response to the general comment.] the regulatory latitude given to these which meets the requirements of Part Although the staff has not been able to fissile exempt and general license 71, Subpart H.] quantify the cost, the Commission will shippers. Shipments of exempt Taken with the 0.1 percent limit on consider the costs for fissile material quantities of fissile material under the presence of special moderating shipments in the scheduled Part 71 § 71.53 occur without NRC prior review materials (i.e., beryllium, deuterium, or rulemaking as part of the regulatory or imposition of any additional graphite), the final rule sought to analysis. requirements on the quantity of fissile achieve a balanced approach with Comment: One commenter stated that material which may be placed on a relaxation of controls over the term ‘‘unpackaged material’’ may be conveyance. Therefore, the Commission concentration, moderation, and inadequate or misunderstood. imposed a 400-gram limit on the reflection, while requiring greater Response: The Commission agrees. amount of fissile material that could be control on the quantity of fissile mass, The term ‘‘unpackaged material’’ is not shipped in a single package. This limit and assuming that prior NRC review currently defined in Part 71. In was intended to ensure that a nuclear and approval were not obtained. § 71.53(a)(1), the Commission criticality accident would be precluded The NRC has reviewed the factors considered imposing a 15-gram limit on under highly unlikely, but theoretically which initiated the emergency final fissile material in an individual conceivable, circumstances by rulemaking, the ORNL evaluation, and package. For fissile material which is restricting the quantity of fissile public comments received on the not contained in discrete packages (i.e., material that could be inadvertently emergency final rule, and concluded unpackaged material or bulk material), assembled to less than one-half that of that the changes imposed by the the 15-gram limit is instead applied to a critical mass needed for criticality to emergency final rule were clearly all of the fissile material being occur. These circumstances could exist warranted to protect public health and transported on a specific conveyance. when exempt quantities of fissile safety and the environment from an The Commission will address this issue material, from two different shippers, accidental criticality occurring during in a future rulemaking.

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Comment: One commenter stated that Response: The Commission agrees in general license provisions, and to revise changes in the emergency final rule that part. A separate regulatory analysis was other Non-IAEA provisions. are not directly associated with the not prepared for the final rule because Comment: One commenter stated that special moderating materials (i.e., total of its emergency nature. However, the it is not clear from the wording of the mass per consignment), may be needed, Commission considered the values and rule whether the 0.1 percent limit but these should be issued only after impacts of the final rule in the applies to all of the deuterium present they go through the normal rulemaking discussion entitled ‘‘Alternatives in a shipment or only to the quantity review process. Considered’’ on page 5909 of the that exceeds the amount of naturally Response: As stated in the emergency Federal Register notice (62 FR 5907). occurring deuterium. final rule (at 62 FR 5910), ‘‘[t]he The value of this rule was in preventing Response: The Commission intended Commission is promulgating this the possibility of an accidental that the 0.1 percent limit apply to all of emergency final rule because the criticality from occurring in the public the deuterium present in a shipment problem of regulatory safety limits over domain during the transport of fissile because the ability of deuterium to quantities and concentrations of fissile material. As stated earlier, an accidental moderate neutrons is not dependent material and moderators * * * is an criticality could result in fatalities or upon whether the deuterium is natural important safety issue meriting other adverse health effects and would or created via a man-made process. The immediate corrective action. An require extensive cleanup efforts. The NRC will clarify this ambiguity in the accidental criticality in the public Commission did consider that a limited rule language as part of its planned domain would very likely involve number of licensees possess quantities revision of Part 71. fatalities, health effects from the of fissile material which could be Comment: One commenter stated that it is not so much the average hydrogen resulting radiation, and extensive affected by this change in regulations. density that is important as it is the cleanup costs.’’ Consequently, for this However, the emergency nature of this moderating effect of the material. The reason, and as described in the general rulemaking did not allow time for the commenter suggested replacing comment above, the changes made to NRC to complete as thorough a review ‘‘average hydrogen density greater than Part 71 in the emergency final rule were of the type and number of impacted that of water,’’ with ‘‘moderating effect necessary and met the good cause test shipments as would occur during greater than that of water.’’ of the Administrative Procedure Act (5 normal rulemaking. The NRC will Response: The Commission agrees U.S.C. 553(b)(B)), to dispense with address this issue in a future that moderating effectiveness is the notice and prepromulgation public rulemaking. The NRC staff is currently parameter of concern. However, in the comment as being impracticable and attempting to collect cost/benefit data past, the concept of average hydrogen contrary to the public interest. for this rulemaking. However, the NRC density has been substituted for Comment: One commenter stated that staff has had difficulty in collecting this moderator effectiveness, because the because this special moderators issue data from affected licensees and principal focus was on moderation by was known for more than 2 years, they shippers, and is working to obtain the ordinary water. The NRC believes this failed to understand why an emergency necessary information. The NRC is terminology, which had been widely action was needed at this time. requesting comments on the costs used, is still appropriate and did not Response: The Commission disagrees. associated with shipments of fissile change this approach in the emergency The NRC was unaware of the regulatory material made under the fissile material final rule. The NRC will address this defect that existed in Part 71 until it was exemption and general license terminology issue in a future notified by B&W in September 1996. provisions of Part 71 implementing the rulemaking. Once the NRC became aware of the emergency final rule. Comment: One commenter stated that potential to affect public health and Comment: One commenter stated that the use of absolute moderator safety and the environment, the the rationale for limiting the mass of limitations was too restrictive. The Commission deemed that prompt action special moderating material to only 0.1 commenter believes that waste was necessary to ensure that public percent of the fissile mass is not clear. shipments from remediation and health and safety and the environment Response: The Commission’s basis for decommissioning of nuclear facilities remained protected; and hence the using the 0.1 percent limit was that it often contain incidental quantities of emergency final rule was issued. was consistent with the limit contained special moderating materials (e.g., Comment: One commenter stated that in the 1996 IAEA standard ST–1. The process materials, motors, charcoal the emergency final rule addressed only NRC believed that given the emergency filters, batteries, and pencils). The a small number of specialized nature of the rulemaking and absent commenter suggested that the rule be shipments, the size of a large freight sufficient time to develop a national revised to specify a quantitative limit container, and that the final rule standard, the use of an international only for those deformable materials that appeared to be too conservative for consensus technical standard was a can form a homogenous or latticed smaller packages. reasonable alternative. The NRC did mixture of fissile and moderating Response: The Commission agrees in depart from the standard established in material. Further, intact components, part. The emergency final rule was too ST–1 by including graphite in the list of blocks, or articles would be considered restrictive for small packages with water special moderating material. The exempt from consideration as special as the moderator. The Commission will Commission will continue to impose moderating materials. The commenter address this issue in a future limits on the allowable fissile mass if also recommended that the NRC rulemaking. Also, see response to special moderators are present; encourage the DOT to make equivalent general comment. however, the Commission will solicit or similar changes to 49 CFR Part 173. Comment: One commenter stated that comment on the continued use of a Response: The Commission agrees the rulemaking failed to address the consensus technical standard in a future that the original problem with beryllium value and impact of the rule change and rulemaking. This effort will be a major and enriched uranium involved that the rule does not consider the type rulemaking which will revise Part 71 to homogenous mixtures of these and number of shipments that have make it compatible with the IAEA ST– substances and that discrete articles, been or will be impacted. 1, to revise fissile material exempt and blocks, or components would be less

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.057 pfrm01 PsN: 27OCR1 57774 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations effective as moderating agents. The SOCIAL SECURITY ADMINISTRATION Background Commission will address this issue of Section 203(a) of the Act establishes 20 CFR Part 404 homogenous versus heterogeneous a limit, derived from a worker’s primary mixture in a future rulemaking. insurance amount (PIA), on the total RIN 0960±AE85 IV. Request for Cost Information monthly benefits to which dependents or survivors may be entitled on the basis Reduction of Title II Benefits Under the As stated above, the NRC has received of one worker’s earnings record (the Family Maximum Provisions in Cases family maximum). Under our previous comments on the emergency final rule of Dual Entitlement which indicated that the rule had an regulations, the benefits of each unintended economic impact. NRC staff AGENCY: Social Security Administration. claimant entitled on the worker’s has attempted to solicit information on earnings record were reduced ACTION: Interim final rules with a proportionally so that the total monthly the costs associated with implementing request for comments. the emergency final rule so as to benefits of those entitled on the record in one month did not exceed the family quantify the unintended impact of the SUMMARY: We are amending our rules emergency final rule. However, staff has maximum. In calculating total monthly concerning the family maximum benefits, we included all benefits of the not been successful in obtaining this provisions under title II of the Social claimants who were entitled on the information. Consequently, the Security Act (the Act). These rules worker’s record without considering Commission is using this opportunity to amend how we compute the total whether the benefits were actually due explicitly request information from the monthly benefits payable to a family or payable. public, industry, and the DOE on the when one or more of the beneficiaries Our previous regulations were costs of shipments made under the are entitled to benefits on another challenged in court by the child of a fissile material exemption and general earnings record. In certain specific worker who was disabled. The worker license provisions of Part 71 prior to the circumstances, this change to our rules and his dependent child, the plaintiff in emergency rule; and those costs and/or will increase the amount of benefits this case, began receiving Social changes in costs resulting from payable to some family members Security benefits on the worker’s implementation of the emergency final entitled on the record to which the earnings record. The worker’s spouse rule. The Commission is requesting that family maximum applies. These final became entitled to retirement benefits comments be submitted to the NRC by rules adopt nationwide the holding of (old-age benefits) based on her own January 10, 2000. the U.S. Court of Appeals for the First earnings record. Under section 202(r) of Circuit in Parisi by Cooney v. Chater. the Act, she was deemed also to have V. Conclusion Although we are issuing these rules as applied for and become entitled to interim final rules, we are also asking wife’s benefits based on the worker’s The NRC staff is in the process of for public comments on this change. developing a rulemaking plan to revise earnings record. The Social Security DATES: These regulations are effective Part 71 to make it compatible with the Administration (SSA) determined that October 27, 1999. To be sure your because the monthly retirement benefits 1996 IAEA transportation standard ST– comments are considered, we must that she was entitled to receive on her 1, as well as to include other non-IAEA receive them by 27, 1999. own exceeded the amount of her amendments. The staff intends to ADDRESSES: Comments should be monthly wife’s benefits on the worker’s include in this rulemaking plan, earnings record, she could only receive proposed revisions to the fissile material submitted in writing to the Commissioner of Social Security, P.O. payment for the retirement benefits exemption and general license limits, payable on her own earnings record. based on the ORNL recommendations. Box 17703, Baltimore, MD 21235–7703, sent by telefax to (410) 966–2830, sent However, SSA counted the benefits to As stated previously, the DOT by E-mail to ‘‘[email protected],’’ or which she was entitled on the worker’s deferred any rulemaking on 49 CFR delivered to the Office of Process and earnings record, but which were not 173.453 until DOT staff could review Innovation Management, Social Security actually paid to her, toward the monthly the public comments received on the Administration, L2109 West Low Rise maximum amount of benefits payable NRC’s emergency final rule and review Building, 6401 Security Boulevard, on the worker’s earnings record (the the NRC’s study on the fissile Baltimore, MD 21235–6401, between family maximum). Because the total exemptions contained in NUREG/CR– 8:00 A.M. and 4:30 P.M. on regular monthly amount of the worker’s 5342. The NRC staff is currently business days. Comments may be disability benefits, the plaintiff’s child’s coordinating with the DOT the inspected during these hours by making benefits, and the wife’s benefits resolution of these issues and the arrangements with the contact person exceeded the monthly family maximum development of the rulemaking plan for shown below. limit, SSA reduced the amount of the plaintiff’s and the wife’s monthly the Part 71 revisions. In addition, NRC FOR FURTHER INFORMATION CONTACT: benefits. will coordinate the rulemaking plan Regarding this Federal Register In Parisi By Cooney v. Chater, 69 F.3d with the Agreement States for issues document-Bill E. Hilton, Social 614 (1st Cir., 1995), the court held that, that are a matter of compatibility. Insurance Specialist, Office of Program when computing a reduction under the Dated at Rockville, Maryland, this 20th day Benefits, Social Security family maximum pursuant to section of October, 1999. Administration, 6401 Security 203(a) of the Act, SSA should not Boulevard, Baltimore, MD 21235–6401, For the Nuclear Regulatory Commission. include the monthly benefit that would (410) 965–2468 or TTY (410) 966–5609; Annette L. Vietti-Cook, otherwise be payable to a spouse if regarding eligibility or filing for payment of that spouse’s benefit is Secretary for the Commission. benefits—our national toll-free number, precluded (by section 202(k)(3)(A) of the [FR Doc. 99–28049 Filed 10–26–99; 8:45 am] 1–800–772–1213 or TTY 1–800–325– Act), due to the spouse’s dual BILLING CODE 7590±01±P 0778. entitlement to a higher benefit on the SUPPLEMENTARY INFORMATION: spouse’s own earnings record. To

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.058 pfrm01 PsN: 27OCR1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57775 implement the Court’s ruling in the First • What else could we do to make the economic impact on a substantial Circuit, we issued an Acquiescence rules easier to understand? number of small entities. Therefore, a Ruling (AR) on , 1997 (62 FR regulatory flexibility analysis as Electronic Version 1792). Under this ruling (AR 97–1(1)), provided in the Regulatory Flexibility which applied only to claims for The electronic file of this document is Act, as amended, is not required. benefits in the First Circuit, SSA available on the date of publication in Paperwork Reduction Act considers only the amount of monthly the Federal Register on the Internet site dependent’s or survivor’s benefits for the Government Printing Office These interim final regulations will actually due or payable to the dually- http://www.access.gpo.gov/suldocs/ impose no additional reporting or entitled person when determining the aces/aces140.html. It is also available on recordkeeping requirements requiring amount of the benefit reduction because the Internet site for SSA (i.e., SSA OMB clearance. of the family maximum. As a result of Online): http://www.ssa.gov/. (Catalog of Federal Domestic Assistance the Court’s decision, we reassessed our Regulatory Procedures Program Nos. 96.001, Social Security- interpretation in our prior regulations Disability Insurance; 96.002, Social Security- and consistent with our rules on Pursuant to section 702(a)(5) of the Retirement Insurance; 96.004, Social acquiescence which were designed to Social Security Act, 42 U.S.C. 902(a)(5), Security-Survivors Insurance) as amended by section 102 of Public restore national uniformity to our List of Subjects in 20 CFR Part 404 programs, we have decided to adopt the Law 103–296, SSA follows the Administrative practice and court’s holdings nationwide. Administrative Procedure Act (APA) rulemaking procedures specified in 5 procedure, Blind, Disability benefits, Explanation of Changes U.S.C. 553 in the development of its Old-Age, Survivors and Disability Insurance, Reporting and recordkeeping We are amending § 404.403 of our regulations. The APA provides requirements, Social Security. regulations by adding a new paragraph exceptions to its notice and public (a)(5). This new paragraph specifies comment procedures when an agency Dated: , 1999. that, in cases involving benefits subject finds there is good cause for dispensing Kenneth S. Apfel, to reduction for both the family with such procedures on the basis that Commissioner of Social Security. maximum and dual entitlement, we they are impracticable, unnecessary, or contrary to the public interest. We have For the reasons set forth in the consider only the amount of monthly preamble, we are amending subpart E of dependent’s or survivor’s benefits determined that, under 5 U.S.C. 553(b)(B), good cause exists for part 404 of Title 20 of the Code of actually due or payable to the dually- Federal Regulations as follows: entitled person when we determine how dispensing with the notice and public much to reduce total monthly benefits comment procedures in this case. We PART 404ÐFEDERAL OLD-AGE, because of the family maximum. We have determined that prior public notice SURVIVORS AND DISABILITY have included examples of how we and comment in this instance would be INSURANCE (1950± ) compute benefits payable in such cases. contrary to the public interest since any These changes are effective for delay in issuing these rules as final rules Subpart EÐ[Amended] benefits payable for months beginning would unnecessarily deprive the small October 1999. number of affected beneficiaries of 1. The authority citation for subpart E of part 404 continues to read as follows: In conjunction with the revisions we increased benefits. Therefore, we are are making to adopt the holdings of the issuing these regulations as interim final Authority: Secs. 202, 203, 204(a) and (e), Parisi court nationwide, we are rules. However, even though we are 205(a) and (c), 222(b), 223(e), 224, 225, and publishing elsewhere in today’s Federal issuing these rules as interim final 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), Register a notice rescinding AR 97–1(1). regulations, we are requesting public comments and will issue revised rules 422(b), 423(e), 424a, 425, and 902(a)(5)). Clarity of These Regulations if necessary. 2. We are amending § 404.403 by Executive Order (E.O.) 12866 and the For the same reasons, we also find adding a new paragraph (a)(5) to read as President’s memorandum of 1, good cause for dispensing with the 30- follows: day delay in the effective date of a 1998, require each agency to write all § 404.403 Reduction where total monthly rules in plain language. In addition to substantive rule, provided for by 5 U.S.C. 553(d). benefits exceed maximum family benefits your substantive comments on these payable. rules, we invite your comments on how Executive Order 12866 (a) * * * to make these rules easier to We have consulted with the Office of (5) When a person entitled on a understand. Management and Budget (OMB) and worker’s earnings record is also entitled For example: to benefits on another earnings record, • determined that these interim final rules Have we organized the material to do not meet the criteria for a significant we consider only the amount of benefits suit your needs? regulatory action under Executive Order actually due or payable on the worker’s • Are the requirements in the rules 12866. Thus, they were not subject to record to the dually-entitled person clearly stated? OMB review. We have also determined when determining how much to reduce • Do the rules contain technical that these rules meet the plain language total monthly benefits payable on the language or jargon that is unclear. requirement of Executive Order 12866 worker’s earnings record because of the • Would a different format (grouping and the President’s memorandum of maximum. We do not include, in total and order of sections, use of headings, , 1998. However, as noted earlier, benefits payable, any amount not paid paragraphing) make the rules easier to we invite your comments on how to because of that person’s entitlement on understand? make the rules easier to understand. another earnings record (see § 404.407). • Would more (but shorter) sections The effect of this provision is to permit be better? Regulatory Flexibility Act payment of up to the full maximum • Could we improve clarity by adding We certify that these interim final benefits to other beneficiaries who are tables, lists, or diagrams? regulations will not have a significant not subject to a deduction or reduction.

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(See § 404.402 for other situations where allows payment of an additional amount to DEPARTMENT OF HEALTH AND we apply deductions or reductions the wife, increasing her benefit to $625.00. HUMAN SERVICES before reducing total benefits for the This is how the calculation works. maximum.) Amount available under maximum for wife Food and Drug Administration and children—$930.00 Example 1: A wage earner, his wife and 21 CFR Part 26 child are entitled to benefits. The wage Subtract amount due children after reduction earner’s primary insurance amount is due to entitlement to their own benefits— [Docket No. 98S±1064] $600.00. His maximum is $900.00. Due to the $30.00 maximum limit, the monthly benefits for the Amount available for wife—$900.00 Mutual Recognition of Pharmaceutical wife and child must be reduced to $150.00 Amount payable to wife (original benefit)— Good Manufacturing Practices Annex; each. Their original benefit rates are $300.00 $625.00 Public Meeting each. Example 3: A wage earner, his wife and 4 Maximum—$900.00 children are entitled to benefits. The wage AGENCY: Food and Drug Administration, Subtract primary insurance amount—$600.00 earner’s primary insurance amount is HHS. Amount available for wife and child— $1,250.00. His maximum is $2,180.00. Due to ACTION: Announcement of public $300.00 the maximum limit, the monthly benefits for meeting. Divide by 2—$150.00 each for wife and child the wife and children must be reduced to The wife is also entitled to benefits on her $186.00 each. Their original rates are $625.00 SUMMARY: The Food and Drug own record of $120.00 monthly. This reduces each. This is how the calculation works. Administration (FDA) is announcing a her wife’s benefit to $30.00. The following Maximum—$2,180.00 public meeting to discuss the progress table illustrates this calculation. of implementing the Mutual Wife’s benefit, reduced for maximum— Subtract primary insurance amount— $1,250.00 Recognition Agreement (MRA) $150.00 Pharmaceutical Good Manufacturing Subtract reduction due to dual entitlement— Amount available for wife and children— $120.00 $930.00 Practices (GMP’s) Annex between the Wife’s benefit—$30.00 Divide by 5—$186.00 each for wife and four United States and the European In computing the total benefits children Community (EC). FDA is inviting interested persons, including industry, payable on the record, we disregard the Two children are also entitled to benefits trade, and consumer groups. $120.00 we cannot pay the wife. This on their own records. Child one is entitled allows us to increase the amount to $390.00 monthly and child two is entitled DATES: The meeting will be held on payable to the child to $270.00. The to $280.00 monthly. This causes a reduction Wednesday, , 1999, from 9 table below shows the steps in our in the benefit to child one to $0.00 and the a.m. to 1 p.m. Registration and requests calculation. benefit to child two to $0.00. This calculation to make an oral presentation should be Amount available under maximum—$300.00 is as follows. received by Monday, 22, Subtract amount due wife after reduction due Benefit to child 1, reduced for maximum— 1999. to entitlement to her own benefit—$30.00 $186.00 ADDRESSES: The meeting will be held in Child’s benefit—$270.00 Subtract reduction due to dual entitlement— the Center for Drug Evaluation and Example 2: A wage earner, his wife and 2 $390.00 Research Advisory Committee children are entitled to benefits. The wage Benefit payable to child 1—$0.00 Conference Room, 5630 Fishers Lane, earner’s primary insurance amount is Benefit to child 2, reduced for maximum— Rockville, MD 20857. To register and $1,250.00. His maximum is $2,180.00. Due to request time for an oral presentation, the maximum limit, the monthly benefits for $186.00 the wife and children must be reduced to Subtract reduction for dual entitlement— send or fax written material to the listed $310.00 each. Their original rates (50 percent $280.00 contact person. of the worker’s benefit) are $625.00 each. The Benefit payable to child two—$0.00 FOR FURTHER INFORMATION CONTACT: following shows the calculation. In computing the total benefits payable on Charles A. Gaylord, Office of Maximum—$2,180.00 the record, we disregard the $372.00 we International and Constituent Relations Subtract primary insurance amount— cannot pay the children. This allows (HFG–1), Food and Drug $1,250.00 payment of an additional amount to the wife, Administration, 5600 Fishers Lane, Amount available for wife and children— and the two remaining children as follows: Rockville, MD 20857, 301–827–0909, $930.00 FAX 301–443–0235. Divide by 3—$310 each for wife and children Amount available under maximum for wife SUPPLEMENTARY INFORMATION: The children are also entitled to benefits and children—$930.00 Subtract amount due child one and child two on their own records. Child one is entitled I. Background to $390.00 monthly and child two is entitled after reduction due to entitlement to their to $280.00 monthly. This causes a reduction own benefits—$0.00 Regulations implementing the MRA in the benefit to child one to 0.00 and the Amount available for wife and the other two were published as a final rule in the benefit to child two to $30.00. Again, the children—$930.00 Federal Register of , 1998 following illustrates the calculation. Amount payable to the wife and each of the (63 FR 60122). In the preamble to the Benefit payable to child 1 reduced for remaining two children—$310.00 final rule, FDA stated that it plans to maximum—$310.00 * * * * * hold periodic meetings with interested Subtract reduction due to dual entitlement— [FR Doc. 99–28017 Filed 10–26–99; 8:45 am] parties and make public summaries of $390.00 key meetings held with its EU Benefit payable to child 1—$0.00 BILLING CODE 4191±02±P counterparts concerning Benefit payable to child 2, reduced for maximum—$310.00 implementation of the MRA (63 FR Subtract reduction for dual entitlement— 60122 and 60127). The regulations were $280.00 codified in part 26 (21 CFR part 26). Benefit payable to child 2—$30.00 FDA established Docket No. 98S–1064 In computing the total benefits payable on to share public information concerning the record, we consider only the benefits the implementation of part 26 (64 FR actually paid to the children, or $30. This 11376, , 1999). FDA has and

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.050 pfrm01 PsN: 27OCR1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57777 will continue to make information ENVIRONMENTAL PROTECTION Air Pollution Control Act of 1984’’. This concerning the implementation of the AGENCY law covered a variety of air pollution MRA and part 26 available to the public control programs including RACT on FDA’s web site at http:// 40 CFR Part 52 requirements for major sources of VOC www.fda.gov/oia/homepage.htm [DC±2012a; FRL±6457±1] and Stage II gasoline vapor recovery (International section). requirements. Approval and Promulgation of Air On , 1993, the District of II. The Public Meeting Quality Implementation Plans; District Columbia submitted a revision to its SIP of Columbia; Stage II Gasoline Vapor for VOC RACT to comply with the The December 8, 1999, meeting is the RACT fix-up and catch-up requirements first public meeting FDA has held on Recovery and RACT Requirements for Major Sources of VOC of the Clean Air Act (the Act). This 1993 the Pharmaceutical GMP’s Annex to the submittal consisted of D.C. Law 10–24, MRA since the final rule published. The AGENCY: Environmental Protection ‘‘Air Pollution Control Act of 1984 purpose of the meeting is to provide Agency (EPA). National Ambient Air Quality Standards information concerning FDA activities ACTION: Direct final rule. Attainment Amendment Act of 1993’’. related to the implementation of the The revision consists of new regulations MRA Pharmaceutical GMP’s Annex SUMMARY: EPA is taking direct final which require sources that emit or have (covering human and animal drug and action on revisions to the District of the potential to emit 50 tons per year human biological products) and to Columbia State Implementation Plan (tpy) or more of VOC in the District provide an opportunity to hear (SIP). These revisions amend the ozone nonattainment area to comply comments and address concerns from requirements for all major volatile with the RACT requirements, as well as interested members of the public. organic compounds (VOC) sources to amendments to Title 20 District of The meeting agenda will include: (1) implement reasonably available control Columbia Municipal Regulations FDA presentations with a summary of technology (RACT) in the District of (DCMR) Chapter 7—Volatile Organic the progress made in the Columbia. These revisions also revise Compounds. implementation of the Pharmaceutical Stage II gasoline vapor recovery On 8, 1993, the District of GMP’s Annex; discussion of the two- requirements. The intended effect of Columbia Department of Consumer and this action is to approve the revisions to Regulatory Affairs (DCRA), way alert system; public access to the District’s VOC regulations because Environmental Regulation information; the process used to they strengthen the SIP. This action is Administration submitted a negative determine the equivalence of the being taken in accordance with the declaration for 25 source categories of regulatory systems for pharmaceutical requirements of the Clean Air Act. VOC covered by control technique GMP’s and work plan, (2) outside DATES: This rule is effective on guideline documents (CTG) issued prior presentations, and (3) panel discussion; to , 1990. A negative question and answer session. , 1999 without further notice, unless EPA receives adverse declaration is a certification that no When submitting a request for time comment by , 1999. If EPA sources exist in the District for specified for an oral presentation at the meeting, receives such comments, it will publish source categories. please indicate your topic, provide a a timely withdrawal of the direct final On , 1997, the District of presentation outline, and identify any rule in the Federal Register and inform Columbia submitted a supplement to its presentation needs (an overhead the public that the rule will not take October 22, 1993, VOC RACT SIP projector, slide projector, etc.). Time effect. revision. This supplement included a negative declaration for additional allowed for accepted presenters will ADDRESSES: Written comments should categories of VOC sources covered by depend on the number of presentation be mailed to David L. Arnold, Chief, requests. Registration information CTGs prior to November 15, 1990 and Ozone and Mobile Sources Branch, non-CTG major sources, to certify that (including name, title, firm name, Mailcode 3AP21, U.S. Environmental address, telephone, and fax number) no such sources are located in the Protection Agency, Region III, 1650 District. and requests for presentation (including Arch Street, Philadelphia, Pennsylvania topic and outline) should be submitted On , 1998, the District of 19103. Copies of the documents relevant Columbia Department of Health to the listed contact person by to this action are available for public submitted a revision to its SIP regarding , 1999. Space is limited, inspection during normal business RACT for solvent cleaning (degreasing) therefore, interested parties are hours at the Air Protection Division, activities and offset lithography printing encouraged to register early. Special U.S. Environmental Protection Agency, operations. Amendments to Appendix accommodations due to disability Region III, 1650 Arch Street, 5–1, Test Methods for Sources of should be submitted at least 7 days in Philadelphia, Pennsylvania 19103 and Volatile Organic Compounds and to the advance. the District of Columbia Department of definitions and abbreviations were also Transcripts of the meeting may be Public Health, Air Quality Division, 51 included in this submittal. requested in writing from the Freedom N Street, N.E., Washington, DC 20002. Portions of the , 1985 and of Information Office (HFI–35), Food FOR FURTHER INFORMATION CONTACT: October 22, 1993 submittal have already and Drug Administration, 5600 Fishers Cristina Fernandez, (215) 814–2178, or been approved into the District’s SIP. Lane, rm. 12A–16, Rockville, MD 20857, by e-mail at [email protected]. These include most of the definitions in approximately 15 working days after the SUPPLEMENTARY INFORMATION: Section 199 of Title 20 of the DCMR, the meeting at a cost of 10 cents per page. monitoring, reporting and record I. Summary of the SIP Revisions Dated: , 1999. keeping requirements in Sections 500, On June 21, 1985, the Mayor of the 501, and 502 applicable to the VOC Margaret M. Dotzel, District of Columbia submitted a formal sources covered under Chapter 7— Acting Associate Commissioner for Policy. revision of the District of Columbia SIP. Volatile Organic Compounds, and [FR Doc. 99–27973 Filed 10–26–99; 8:45 am] This 1985 submittal consisted of D.C. Section 710—Engraving and Plate BILLING CODE 4160±01±F Law 5–165, ‘‘The District of Columbia Printing. The deficiencies previously

VerDate 12-OCT-99 15:10 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.XXX pfrm03 PsN: 27OCR1 57778 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations identified by EPA in the District’s VOC for the two year period prior to B. Executive Orders on Federalism RACT regulations have either been November 15, 1992 and that any periods Under E.O. 12875, EPA may not issue rendered moot by the submittal of a of facility inactivity would not be a regulation that is not required by negative declaration or corrected by the included. The regulation stated the statute and that creates a mandate upon District of Columbia in its October 22, average monthly throughput shall be a state, local, or tribal government, 1993 submittal. calculated using a thirty day rolling unless the Federal government provides For Section 701—Storage of average. Also, the term ‘‘selling’’ was the funds necessary to pay the direct Petroleum Products, Section 702— replaced in the regulation with the term compliance costs incurred by those Control of VOC Leaks from Petroleum ‘‘dispensing’’. EPA has determined that governments. If EPA complies by Refinery Sources and Section 709— the District of Columbia has complied consulting, E.O. requires EPA to provide Cutback Asphalt of Title 20 of the with section 182 (b)(3) of the Act and is to the Office of Management and Budget DCMR, Chapter 7—Volatile Organic approving the revised Section 705— a description of the extent of EPA’s Compounds, the District decided to take Stage II Gasoline Vapor Recovery as a prior consultation with representatives no action on the deficiencies identified revision to the District of Columbia’s by EPA because the District has of affected state, local, and tribal SIP. governments, the nature of their determined that there are no sources The December 16, 1998 submittal located in the District subject to these concerns, copies of written amended Chapter 1 by adding and regulations. A negative declaration has communications from the governments, revising definitions; Chapter 5 by been submitted by the District of and a statement supporting the need to adding test methods for degreasing and Columbia that covers these sources issue the regulation. In addition, E.O. offset lithography to Appendix 5–1, and categories. If new major sources in these 12875 requires EPA to develop an Chapter 7 by adding new sections 708.9 source categories were to locate in the effective process permitting elected through 708.12 and 716 to regulate District, they would be subject to the officials and other representatives of solvent cleaning (degreasing) activities SIP’s more stringent provisions for New state, local, and tribal governments ‘‘to and offset lithography printing Source Review (NSR). provide meaningful and timely input in Chapter 5—Source Monitoring and operations. the development of regulatory proposals Testing of Title 20 of the DCMR has II. Final Action containing significant unfunded been amended by the District of mandates.’’ Today’s rule does not create Columbia in its October 22, 1993 and EPA is approving revisions to the a mandate on state, local or tribal December 16, 1998 submittals. The District of Columbia SIP submitted on governments. The rule does not impose District has amended Section 500— June 21, 1985, October 22, 1993, and any enforceable duties on these entities. Records and Reports by adding December 16, 1998. The revisions to Accordingly, the requirements of subsections 500.6 and 500.7 to address Title 20 DCMR, Chapter 7—Volatile section 1(a) of E.O. 12875 do not apply EPA’s requirement that owners and Organic Compounds consist of the to this rule. On , 1999, operators of stationary sources must District’s revised Stage II gasoline vapor President Clinton issued a new maintain written records for at least two recovery requirements and RACT executive order on federalism, years. The District of Columbia has also requirements for major sources of VOC. Executive Order 13132 [64 FR 43255 amended Section 502—Sampling Test EPA is publishing this rule without (, 1999)] which will take effect and Monitoring by adding subsections prior proposal because the Agency on , 1999. In the interim, the 503.13, 502.17 and appendix No. 5 to views this as a noncontroversial current Executive Order 12612 [52 FR address the federal requirement for amendment and anticipate no adverse 41685 (, 1987)] on federalism specifying the applicable test methods comment. However, in the ‘‘Proposed still applies. This rule will not have a for sources of VOC. Rules’’ section of today’s Federal substantial direct effect on States, on the Title 20 of the DCMR, Chapter 7— Register, EPA is publishing a separate relationship between the national Volatile Organic Compounds has been document that will serve as the proposal government and the States, or on the amended by the District of Columbia in to approve the SIP revision if adverse distribution of power and their October 22, 1993 submittal. The comments are filed. This rule will be responsibilities among the various District of Columbia amended Section effective on December 13, 1999 without levels of government, as specified in 703—Terminal Vapor Recovery— further notice unless EPA receives Executive Order 12612. The rule affects Gasoline or Volatile Organic adverse comment by November 26, only one State, and does not alter the Compounds regarding bulk gasoline 1999. If EPA receives adverse comment, relationship or the distribution of power plants and bulk gasoline terminals by EPA will publish a timely withdrawal in and responsibilities established in the adding subsection 703.7 and by the Federal Register informing the Clean Air Act. modifying subsections 703.1 and 703.4. public that the rule will not take effect. C. Executive Order 13045 The District also added subsection 703.6 EPA will address all public comments regarding leaks from gasoline tank in a subsequent final rule based on the E.O. 13045, entitled ‘‘Protection of trucks and vapor collection systems. proposed rule. EPA will not institute a Children from Environmental Health The October 22, 1993 submittal second comment period on this action. Risks and Safety Risks’’ (62 FR 19885, amended requirements in Section 705— Any parties interested in commenting , 1997), applies to any rule that Stage II Gasoline Vapor Recovery that must do so at this time. the EPA determines (1) is ‘‘economically established Stage II gasoline vapor significant,’’ as defined under E.O. controls to be applied to any facility that III. Administrative Requirements 12866, and (2) the environmental health dispenses more than 10,000 gallons per A. Executive Order 12866 or safety risk addressed by the rule has month or 50,000 gallons per month in a disproportionate effect on children. If the case of independent small The Office of Management and Budget the regulatory action meets both criteria, businesses marketers. Language was (OMB) has exempted this regulatory the Agency must evaluate the also incorporated to indicate that action from review under E.O. 12866, environmental health or safety effects of applicability will be based upon the entitled ‘‘Regulatory Planning and the planned rule on children and average monthly throughput determined Review.’’ explain why the planned regulation is

VerDate 12-OCT-99 08:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\A27OC0.059 pfrm01 PsN: 27OCR1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57779 preferable to other potentially effective requirements that the State is already the U.S. House of Representatives, and and reasonably feasible alternatives imposing. Therefore, because the the Comptroller General of the United considered by the Agency. This final Federal SIP approval does not create States prior to publication of the rule in rule is not subject to E.O. 13045 because any new requirements, I certify that this the Federal Register. This rule is not a it is not an economically significant action will not have a significant ‘‘major rule’’ as defined by 5 U.S.C. regulatory action as defined by E.O. economic impact on a substantial 804(2). 12866, and it does not address an number of small entities. Moreover, due environmental health or safety risk that to the nature of the Federal-State H. Petitions for Judicial Review would have a disproportionate effect on relationship under the Clean Air Act, Under section 307(b)(1) of the Clean children. preparation of a flexibility analysis Air Act, petitions for judicial review of would constitute Federal inquiry into D. Executive Order 13084 this action to approve amendments to the economic reasonableness of state the District of Columbia’s VOC RACT Under E.O. 13084, EPA may not issue action. The Clean Air Act forbids EPA rules and its Stage II Vapor Recovery a regulation that is not required by to base its actions concerning SIPs on Program must be filed in the United statute, that significantly affects or such grounds. Union Electric Co. v. U.S. States Court of Appeals for the uniquely affects the communities of EPA, 427 U.S. 246, 255–66 (1976); 42 appropriate circuit by , Indian tribal governments, and that U.S.C. 7410(a)(2). 1999. Filing a petition for imposes substantial direct compliance F. Unfunded Mandates reconsideration by the Administrator of costs on those communities, unless the this final rule does not affect the finality Federal government provides the funds Under Section 202 of the Unfunded of this rule for the purposes of judicial necessary to pay the direct compliance Mandates Reform Act of 1995 review nor does it extend the time costs incurred by the tribal (‘‘Unfunded Mandates Act’’), signed within which a petition for judicial governments. If EPA complies by into law on , 1995, EPA must review may be filed, and shall not consulting, Executive Order 13084 prepare a budgetary impact statement to postpone the effectiveness of such rule requires EPA to provide to the Office of accompany any proposed or final rule or action. This action may not be Management and Budget, in a separately that includes a Federal mandate that challenged later in proceedings to identified section of the preamble to the may result in estimated annual costs to enforce its requirements. (See section rule, a description of the extent of EPA’s State, local, or tribal governments in the 307(b)(2).) prior consultation with representatives aggregate; or to private sector, of $100 of affected tribal governments, a million or more. Under Section 205, List of Subjects in 40 CFR Part 52 summary of the nature of their concerns, EPA must select the most cost-effective Environmental protection, Air and a statement supporting the need to and least burdensome alternative that pollution control, Hydrocarbons, issue the regulation. In addition, achieves the objectives of the rule and Incorporation by reference, Ozone. Executive Order 13084 requires EPA to is consistent with statutory develop an effective process permitting requirements. Section 203 requires EPA Dated: , 1999. elected and other representatives of to establish a plan for informing and Thomas Voltaggio, Indian tribal governments ‘‘to provide advising any small governments that Acting Regional Administrator, Region III. meaningful and timely input in the may be significantly or uniquely 40 CFR part 52 is amended as follows: development of regulatory policies on impacted by the rule. EPA has matters that significantly or uniquely determined that the approval action PART 52Ð[AMENDED] affect their communities.’’ Today’s rule promulgated does not include a Federal does not significantly or uniquely affect mandate that may result in estimated 1. The authority citation for part 52 the communities of Indian tribal annual costs of $100 million or more to continues to read as follows: governments. This action does not either State, local, or tribal governments Authority: 42 U.S.C. 7401 et seq. involve or impose any requirements that in the aggregate, or to the private sector. affect Indian Tribes. Accordingly, the This Federal action approves pre- Subpart JÐDistrict of Columbia requirements of section 3(b) of E.O. existing requirements under State or 13084 do not apply to this rule. local law, and imposes no new 2. In § 52.470, the entries for Chapter requirements. Accordingly, no 1, Section 199; Chapter 5, Section 599; E. Regulatory Flexibility Act additional costs to State, local, or tribal all of Chapter 7; and all of Chapter 9 in The Regulatory Flexibility Act (RFA) governments, or to the private sector, the ‘‘EPA Approved Regulations for the generally requires an agency to conduct result from this action. District of Columbia’’ table in paragraph a regulatory flexibility analysis of any (c) are revised. The entry for Chapter 5, rule subject to notice and comment G. Submission to Congress and the Sections 500.6 is added to this table rulemaking requirements unless the Comptroller General after the existing entry for Chapter 5, agency certifies that the rule will not The Congressional Review Act, 5 Sections 500.4 and 500.5. The entry for have a significant economic impact on U.S.C. 801 et seq., as added by the Small Chapter 5, Sections 502.17 is added to a substantial number of small entities. Business Regulatory Enforcement this table after the existing entry for Small entities include small businesses, Fairness Act of 1996, generally provides Chapter 5, Sections 502.1 through small not-for-profit enterprises, and that before a rule may take effect, the 502.15. The entry for Appendices is small governmental jurisdictions. This agency promulgating the rule must added to this table after the revised final rule will not have a significant submit a rule report, which includes a entry for Chapter 9. The amendments impact on a substantial number of small copy of the rule, to each House of the read as follows: entities because SIP approvals under Congress and to the Comptroller General section 110 and subchapter I, part D of of the United States. EPA will submit a § 52.470 Identification of plan. the Clean Air Act do not create any new report containing this rule and other * * * * * requirements but simply approve required information to the U.S. Senate, (c) EPA approved regulations.

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State State citation Title/subject effective EPA approval date Additional explanation date

Chapter 1ÐGeneral

******* Section 199 ...... Definitions and Abbreviations 10/02/98 10/27/99 ...... Added/revised definitions, ef- [Insert Federal Register cite] ... fective 03/15/85: conden- sate, dry cleaning facility, external floating roof, petro- leum refinery complex, sol- vent recovery dryer, vapor mounted seal, waxy heavy pour crude oil effective 10/ 02/98: Director, volatile or- ganic compounds

*******

Chapter 5ÐSource Monitoring and Testing

******* Section 500.6 ...... Records and Reports ...... 09/30/93 10/27/99 ...... [Insert Federal Register cite] ...

******* Section 502.17 ...... Sampling Tests, and Measure- 09/30/93 10/27/99 ...... ments. [Insert Federal Register cite] ...

******* Section 599 ...... Definitions and Abbreviations 09/30/93 10/27/99 ...... [Insert Federal Register cite] ...

*******

Chapter 7ÐVolatile Organic Compounds

Section 700 ...... Organic Solvents ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 701.1 through 701.3 .... Storage of Petroleum Products 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 702 ...... Control of VOC leaks from Pe- 03/15/85 10/27/99 ...... troleum Refinery Equipment. [Insert Federal Register cite]. Section 703.2, 703.3 ...... Terminal Vapor RecoveryÐ 03/15/85 10/27/99 ...... Gasoline or VOCs. [Insert Federal Register cite]. Section 703.1, 703.4 through Terminal Vapor RecoveryÐ 09/30/93 10/27/99 ...... 703.7. Gasoline or VOCs. [Insert Federal Register cite]. Section 704 ...... Stage IÐVapor Recovery ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 705.4 through 705.14 .. Stage IIÐGasoline Vapor Re- 03/15/85 10/27/99 ...... covery. [Insert Federal Register cite]. Section 705.1 through 705.3 .... Stage IIÐGasoline Vapor Re- 09/30/93 10/27/99 ...... covery. [Insert Federal Register cite]. Section 706 ...... Petroleum dry Cleaners ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 707 ...... Perchloroethylene Dry Clean- 03/15/85 10/27/99 ...... ing. [Insert Federal Register cite]. Section 708.1 through 708.8 .... Solvent Cleaning ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 708.9 through 708.12 .. Solvent Cleaning ...... 10/02/98 10/27/99 ...... [Insert Federal Register cite]. Section 709 ...... Asphalt Operations ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 710 ...... Engraving and Plate Printing .. 03/15/85 8/4/92 57 FR 34249. Section 711 ...... Pumps and Compressors ...... 03/15/85 10/27/99 ...... [Insert Federal Register cite]. Section 712 ...... Waste Gas Disposal from 03/15/85 10/27/99 ...... Ethylene Producing Plant. [Insert Federal Register cite]. Section 713 ...... Waste Gas Disposal from 03/15/85 10/27/99 ...... Blow-down Systems. [Insert Federal Register cite].

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONSÐContinued

State State citation Title/subject effective EPA approval date Additional explanation date

Section 715 ...... Reasonably Available Control 09/30/93 10/27/99 ...... Technology. [Insert Federal Register cite]. Section 716 ...... Offset Lithography ...... 10/02/98 10/27/99 ...... [Insert Federal Register cite]. Section 799 ...... Definitions and Abbreviations 10/02/98 10/27/99 ...... [Insert Federal Register cite].

*******

Chapter 9ÐMotor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants

Section 904 ...... Oxygenated Fuels ...... 09/30/93 1/26/95 ...... 60 FR 5134.

Appendices

Appendix 1 ...... Emission Limits for Nitrogen 03/15/85 8/28/95 ...... Oxide. 60 FR 44431. Appendix 2 ...... Table of Allowable Particulate 03/15/85 8/28/95 ...... Emissions from Process 60 FR 44431. Sources. Appendix 3 ...... Allowable VOC Emissions 03/15/85 8/28/95 ...... Under Section 710. 60 FR 44431. Appendix 5 ...... Test Methods for Sources of 10/02/98 10/27/99 ...... Volatile Organic Compounds. [Insert Federal Register cite].

*******

3. Section 52.478 is added to read as (b) On September 4, 1997, the District ACTION: Direct final rule. follows: of Columbia submitted a letter to EPA declaring that there are no sources SUMMARY: This action approves the § 52.478 Rules and Regulations. located in the District which belong to section 111(d) plan submitted by the (a) On , 1993, the District of the following VOC categories: Commonwealth of Pennsylvania for the Columbia submitted a letter to EPA (1) Coating of plastic parts (business purpose of controlling total reduced declaring that there are no sources machines and other); sulfur (TRS) emissions from existing located in the District belonging to the (2) Aerospace; kraft pulp mills. The plan was following VOC categories: (3) Shipbuilding and repair; submitted to fulfill requirements of the (1) Automobile and light-duty truck (4) Automobile refinishing; Clean Air Act (the Act). The manufacturing; (5) Industrial wastewater; Pennsylvania plan establishes emission (2) Coating of cans, coils, paper, fabric (6) Distillation or reactor or batch limits for existing Kraft Pulp Mills, and and vinyl, metal furniture, large processes in the synthetic organic provides for the implementation and appliances, magnet wire, miscellaneous chemical manufacturing industry; enforcement of those limits. (7) Volatile organic storage; metal parts and products, and flatwood DATES: This final rule is effective paneling; (8) Wood furniture coatings; (9) Offset lithography; December 27, 1999 unless by November (3) Storage of petroleum liquids in (10) Clean-up solvents. 26, 1999 adverse or critical comments fixed-roof tanks and external floating- are received. If adverse comment is roof tanks; [FR Doc. 99–26849 Filed 10–26–99; 8:45 am] received, EPA will publish a timely (4) Bulk gasoline plants and BILLING CODE 6560±50±P withdrawal of the direct final rule in the terminals; Federal Register informing the public (5) Petroleum refinery sources; the rule will not take effect. ENVIRONMENTAL PROTECTION (6) Petroleum refinery equipment AGENCY ADDRESSES: Comments may be mailed to leaks; Harold A. Frankford, Office of Air (7) Manufacture of synthesized 40 CFR Part 62 Programs, Mail Code 3AP20, pharmaceutical products, pneumatic Environmental Protection Agency, rubber tires, vegetable oil, synthetic [PA022±4089a; FRL±6456±4] Region III, 1650 Arch Street, organic chemicals (fugitive VOCs and Approval and Promulgation of State Philadelphia, Pennsylvania 19103. air oxidation), and high density Air Quality Plans for Designated Copies of the documents relevant to this polyethylene, polypropylene and Facilities and Pollutants; action are available for public polystyrene resins; Pennsylvania; Control of Total inspection during normal business (8) Graphic arts systems; Reduced Sulfur Emissions From hours at the following locations: Air (9) Storage, transportation and Existing Kraft Pulp Mills Protection Division, Environmental marketing of VOCs (fugitive VOCs from Protection Agency, Region III, 1650 oil and gas production and natural gas AGENCY: Environmental Protection Arch Street, Philadelphia, Pennsylvania and gasoline processing). Agency (EPA). 19103; and the Pennsylvania

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Department of Environmental poses and provides responses to the What Does the Plan Consist of? Protection, Bureau of Air Quality, P.O. following questions: Pennsylvania’s section 111(d) plan Box 8468, 400 Market Street, Harrisburg, What Action is EPA Taking? Pennsylvania 17105. What does the plan consist of? consists of the following elements: FOR FURTHER INFORMATION CONTACT: What EPA Administrative Requirements 1. Emissions Standards for five source Harold A. Frankford at (215) 814–2108, was Pennsylvania required to meet? points: recovery furnaces, lime kilns, or by e-mail at What actions did the State take to satisfy digesters, evaporators, smelt dissolving these requirements? [email protected]. What is EPA’s Evaluation? tanks. Among the recovery furnaces, SUPPLEMENTARY INFORMATION: there are emissions standards for two What Action Is EPA Taking? separate designs. These standards are I. Background We are approving Pennsylvania’s described in Section 129.17(a) of Throughout this document, wherever section 111(d) plan for the control of Pennsylvania’s air quality control ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean total reduced sulfur (TRS) emissions regulations. The standards are: EPA. This portion of this document from kraft pulp mills.

PPM (vol- Source point ume) dry Condition

Recovery furnaceÐold construction design (without welded wall or membrane wall construction or 20 12 hour averageÐcorrected to emission-control designed air systems). 8% oxygen by volume Recovery furnaceÐnew design (with both welded wall or membrane wall construction or emis- 5 12 hour averageÐdesign cor- sion-control designed air systems). rected to 8% oxygen by vol- ume Lime kiln (a rotary or fluosolid unit used to calcine calcium carbonate into calcium oxide) ...... 20 Never to be exceededÐcor- rected to 10% oxygen by vol- ume Digester systems (continuous or batch process for cooking wood chips in sodium hydroxide and 5 Never to be exceeded sodium sulfide to produce cellulosic material). Multiple effect evaporator system (vapor heads, heating elements, hot wells, condensers and as- 5 Never to be exceeded sociated equipment used to concentrate spent pulp mill cooking liquid). Smelt dissolving tank (the vessel used to produce an aqueous solution from the molten mixture 20 Never to be exceeded discharged from the floor of a recovery furnace).

2. TRS emissions are to be monitored Pennsylvania further states that the 2. Evidence of Legal Authority continuously at the recovery furnaces, requirements of the State TRS Pennsylvania cites Section 5 of the digester systems, and multiple effect regulations would reduce TRS Pennsylvania Air Pollution Control evaporator systems unless emissions are emissions by about 80% (640 tons/year), Act (35 P.S. § 4005). incinerated at 1,200°F. thus reducing total TRS emissions to 3. Provisions for compliance testing: about 120 tons per year. What Is EPA’s Evaluation? provisions are found in Pennsylvania What EPA Administrative Requirements Prior to Pennsylvania’s , 1988 Regulations 129.17(b), 139.13(3) & (4), Was Pennsylvania Required To Meet? formal submittal, we evaluated a draft 139.15, 139.102(3), and 139.108 (except submittal dated , 1985 for 1994 amendment—parenthetical Public Hearings, as per 40 CFR 60.23(d) under the parallel processing expression at end of § 139.108(1)). These Submittal by designated official, as per procedures. In a notice of proposed provisions cross-reference EPA Methods 40 CFR 60.23(a)(2) rulemaking (NPR) published on 16, 16A and 16B found in 40 CFR part September 4, 1987 (52 FR 33605), we 60, Appendix A. (Last revision: , Evidence of legal authority, as per 40 CFR 60.26 announced that we would approve 1986 (51 FR 18545) for emissions Section 129.17 if Pennsylvania’s rules monitoring, , 1990 (55 FR What Actions Did the State Take To establish a 12-hour averaging limit 5212) for test methods and procedures.) Satisfy These Requirements? which is consistent with the 4. Compliance schedule: All sources 1. Hearing and Submittal Requirements requirements of 40 CFR part 60. During except for new source recovery furnaces the public comment period, we had were to be in final compliance with Original submittal: received comments indicating that Section 129.17(a) by , 1991. All Public Hearings held: 7/24/97 Pennsylvania’s proposed standard for new source recovery furnaces were to be lime kilns had not contained a 10% Submitted by designated official: 7/ in final compliance with Section correction factor for oxygen by volume 19/88 129.17(a) by May 7, 1994. as allowed by 40 CFR part 60, Appendix 5. Identification of kraft pulp mills Revision No. 1: B (the new source performance standard subject to this plan: Pennsylvania has Public Hearings held: 9/21/89, 9/25/ for kraft pulp mills). identified three sources which are 89, 9/27/89 The 1991 provisions of Section 129.17 subject to the plan’s provisions: Submitted by designated official: 1/ and Chapter 139 incorporate the Appleton Papers—Blair County 11/91 revisions suggested by the commenters P.H. Gladfelter—York County of EPA’s parallel process NPR. Since Revision No. 2: Penntech Papers—Elk County Pennsylvania’s current version of 6. Expected reduction in TRS Public Hearings held: 7/25/90, 7/30/ Section 129.17 and Chapter 139 differs Emissions: Pennsylvania estimates that 90, 8/1/90 than that on which our proposal action TRS emissions from the three kraft pulp Submitted by designated official: 8/ was based, we are evaluating mills totaled about 640 tons per year. 15/91 Pennsylvania current TRS requirements

VerDate 12-OCT-99 15:10 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.XXX pfrm03 PsN: 27OCR1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57783 in a direct final rulemaking action and comment by November 26, 1999. If we only one State, and does not alter the concurrent proposed rulemaking action. receive adverse comment, we will relationship or the distribution of power We have determined that publish a timely withdrawal in the and responsibilities established in the Pennsylvania’s current limits for the Federal Register informing the public Clean Air Act. various individual process facilities that the rule will not take effect. We will C. Executive Order 13045 listed in Section 129.17(a) are in address all public comments in a compliance with EPA guidelines except subsequent final rule based on the E.O. 13045, entitled ‘‘Protection of for the smelt dissolving tanks. proposed rule. We will not institute a Children from Environmental Health Pennsylvania’s standard for smelt second comment period on this action. Risks and Safety Risks’’ (62 FR 19885, dissolving tanks is 20 ppm, while the Any parties interested in commenting April 23, 1997), applies to any rule that NSPS limit is 16 ppm. Nevertheless, must do so at this time. the EPA determines (1) is ‘‘economically EPA considers Pennsylvania’s 20 ppm III. Administrative Requirements significant,’’ as defined under E.O. limit to be a reasonable limit for existing 12866, and (2) the environmental health sources. A. Executive Order 12866 or safety risk addressed by the rule has Section 129.17(b)(3) allows The Office of Management and Budget a disproportionate effect on children. If Pennsylvania to use data from alternate the regulatory action meets both criteria, monitoring systems in order to (OMB) has exempted this regulatory action from review under E.O. 12866, the Agency must evaluate the determine compliance with the environmental health or safety effects of applicable emissions standards set forth entitled ‘‘Regulatory Planning and Review.’’ the planned rule on children and in Section 129.17(a). According to explain why the planned regulation is Pennsylvania’s , 1987 B. Executive Orders on Federalism preferable to other potentially effective proposed rulemaking package, this and reasonably feasible alternatives provision was meant to provide the Under E.O. 12875, EPA may not issue considered by the Agency. This final targeted sources with flexibility to a regulation that is not required by rule is not subject to E.O. 13045 because obtain compliance. We do not interpret statute and that creates a mandate upon it is not an economically significant this provision as giving Pennsylvania a state, local, or tribal government, regulatory action as defined by E.O. the discretion to approve an alternative unless the Federal government provides 12866, and it does not address an monitoring system for the targeted the funds necessary to pay the direct environmental health or safety risk that sources. Rather, we interpret the State’s compliance costs incurred by those would have a disproportionate effect on discretion as being limited to the data governments. If EPA complies by children. obtained from alternative systems consulting, E.O. requires EPA to provide prescribed in Chapter 139. Therefore, to the Office of Management and Budget D. Executive Order 13084 we have determined that the provision a description of the extent of EPA’s set forth in Section 129.17(b)(3) meets prior consultation with representatives Under E.O. 13084, EPA may not issue the applicable Agency requirements. of affected state, local, and tribal a regulation that is not required by However, the use of any alternate governments, the nature of their statute, that significantly affects or monitoring system other than that concerns, copies of written uniquely affects the communities of which is prescribed in Chapter 139 of communications from the governments, Indian tribal governments, and that Pennsylvania’s regulations must be and a statement supporting the need to imposes substantial direct compliance approved by both the Pennsylvania issue the regulation. In addition, E.O. costs on those communities, unless the Department of Environmental Protection 12875 requires EPA to develop an Federal government provides the funds (PADEP) and EPA. effective process permitting elected necessary to pay the direct compliance officials and other representatives of costs incurred by the tribal II. Final Action state, local, and tribal governments ‘‘to governments. If EPA complies by Based upon the rationale discussed provide meaningful and timely input in consulting, Executive Order 13084 above and in further detail in the the development of regulatory proposals requires EPA to provide to the Office of Technical Support Document (TSD) containing significant unfunded Management and Budget, in a separately associated with this action, we are mandates.’’ Today’s rule does not create identified section of the preamble to the approving the Commonwealth of a mandate on state, local or tribal rule, a description of the extent of EPA’s Pennsylvania’s Kraft Pulp Mill 111(d) governments. The rule does not impose prior consultation with representatives plan for the control of TRS emissions any enforceable duties on these entities. of affected tribal governments, a from affected facilities. Copies of the Accordingly, the requirements of summary of the nature of their concerns, TSD are available, upon request, from section 1(a) of E.O. 12875 do not apply and a statement supporting the need to the EPA Regional Office listed in the to this rule. On August 4, 1999, issue the regulation. In addition, ADDRESSES portion of this document. President Clinton issued a new Executive Order 13084 requires EPA to We are publishing this rule without executive order on federalism, develop an effective process permitting prior proposal because we view this as Executive Order 13132 [64 FR 43255 elected and other representatives of a noncontroversial amendment and (August 10, 1999)] which will take effect Indian tribal governments ‘‘to provide anticipate no adverse comment. on November 2, 1999. In the interim, the meaningful and timely input in the However, in the ‘‘Proposed Rules’’ current Executive Order 12612 [52 FR development of regulatory policies on section of today’s Federal Register, we 41685 (October 30, 1987)] on federalism matters that significantly or uniquely are publishing a separate document that still applies. This rule will not have a affect their communities.’’ Today’s rule will serve as the proposal to approve substantial direct effect on States, on the does not significantly or uniquely affect Pennsylvania’s Section 111(d) plan for relationship between the national the communities of Indian tribal controlling TRS emissions from kraft government and the States, or on the governments. This action does not pulp mills if adverse comments are distribution of power and involve or impose any requirements that filed. This rule will be effective on responsibilities among the various affect Indian Tribes. Accordingly, the December 27, 1999 without further levels of government, as specified in requirements of section 3(b) of E.O. notice unless we receive adverse Executive Order 12612. The rule affects 13084 do not apply to this rule.

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E. Regulatory Flexibility Act may be significantly or uniquely kraft pulp mills may not be challenged The Regulatory Flexibility Act (RFA) impacted by the rule. EPA has later in proceedings to enforce its generally requires an agency to conduct determined that the approval action requirements. (See section 307(b)(2).) promulgated does not include a Federal a regulatory flexibility analysis of any List of Subjects in 40 CFR Part 62 rule subject to notice and comment mandate that may result in estimated rulemaking requirements unless the annual costs of $100 million or more to Environmental protection, agency certifies that the rule will not either State, local, or tribal governments Administrative practice and procedure, have a significant economic impact on in the aggregate, or to the private sector. Air pollution control, Intergovernmental a substantial number of small entities. This Federal action approves pre- relations, Reporting and recordkeeping Small entities include small businesses, existing requirements under State or requirements, Total reduced sulfur. small not-for-profit enterprises, and local law, and imposes no new Dated: , 1999. small governmental jurisdictions. This requirements. Accordingly, no Thomas Voltaggio, final rule will not have a significant additional costs to State, local, or tribal impact on a substantial number of small governments, or to the private sector, Acting Regional Administrator, EPA Region entities because approvals under section result from this action. III. 111(d) of the Clean Air Act do not create G. Submission to Congress and the 40 CFR Part 62 is amended as follows: any new requirements but simply Comptroller General approve requirements that the State is PART 62Ð[AMENDED] already imposing. Therefore, because The Congressional Review Act, 5 the Federal approval does not create any U.S.C. 801 et seq., as added by the Small Subpart NNÐPennsylvania new requirements, I certify that this Business Regulatory Enforcement Fairness Act of 1996, generally provides 1. The authority citation for Part 62 action will not have a significant continues to read as follows: economic impact on a substantial that before a rule may take effect, the number of small entities. Moreover, due agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq. to the nature of the Federal-State submit a rule report, which includes a 2. Under the following undesignated relationship under the Clean Air Act, copy of the rule, to each House of the centerhead, § 62.9611 is added to read preparation of a flexibility analysis Congress and to the Comptroller General as follows: would constitute Federal inquiry into of the United States. EPA will submit a the economic reasonableness of state report containing this rule and other Total Reduced Sulfur Emissions From action. The Clean Air Act forbids EPA required information to the U.S. Senate, Existing Kraft Pulp Mills to base its actions concerning section the U.S. House of Representatives, and * * * * * 111(d) plans on such grounds. Union the Comptroller General of the United Electric Co. v. U.S. EPA, 427 U.S. 246, States prior to publication of the rule in § 62.9611 Identification of planÐ 255–66 (1976); 42 U.S.C. 7410(a)(2). the Federal Register. This rule is not a Pennsylvania ‘‘major rule’’ as defined by 5 U.S.C. (a) Title of Plan. Commonwealth of F. Unfunded Mandates 804(2). Pennsylvania Plan under section 111(d) Under Section 202 of the Unfunded for Designated Pollutants from Existing H. Petitions for Judicial Review Mandates Reform Act of 1995 Facilities—Kraft Pulp Mills. (‘‘Unfunded Mandates Act’’), signed Under section 307(b)(1) of the Clean (b) The plan was officially submitted into law on March 22, 1995, EPA must Air Act, petitions for judicial review of by the Pennsylvania Department of prepare a budgetary impact statement to this action must be filed in the United Environmental Resources on July 19, accompany any proposed or final rule States Court of Appeals for the 1988, with revisions submitted on that includes a Federal mandate that appropriate circuit by December 27, , 1991, and , 1991. may result in estimated annual costs to 1999. Filing a petition for (c) Identification of sources. The Plan State, local, or tribal governments in the reconsideration by the Administrator of includes the following kraft pulp mills: this final rule does not affect the finality aggregate; or to private sector, of $100 (1) Appleton Papers—Roaring Spring, of this rule for the purposes of judicial million or more. Under Section 205, Blair County review nor does it extend the time EPA must select the most cost-effective (2) P.H. Gladfelter—Spring Grove, York and least burdensome alternative that within which a petition for judicial County achieves the objectives of the rule and review may be filed, and shall not (3) Penntech Papers—Johnsonburg, Elk is consistent with statutory postpone the effectiveness of such rule County requirements. Section 203 requires EPA or action. This action to approve to establish a plan for informing and Pennsylvania’s section 111(d) plan [FR Doc. 99–26853 Filed 10–26–99; 8:45 am] advising any small governments that controlling TRS emissions from existing BILLING CODE 6560±50±P

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Proposed Rules Federal Register Vol. 64, No. 207

Wednesday, October 27, 1999

This section of the FEDERAL REGISTER For a copy of the petition, write to conscious environment in which contains notices to the public of the proposed David L. Meyer, Chief, Rules and employees feel free to raise safety issuance of rules and regulations. The Directives Branch, Division of concerns, both to their management and purpose of these notices is to give interested Administrative Services, Office of to the NRC, without fear of retaliation. persons an opportunity to participate in the Administration, U.S. Nuclear Regulatory The responsibility for maintaining such rule making prior to the adoption of the final rules. Commission, Washington, DC 20555– an environment rests with each NRC 0001. licensee, as well as with contractors, You may also provide comments via subcontractors and employees in the NUCLEAR REGULATORY the NRC’s interactive rulemaking nuclear industry. This policy statement COMMISSION website at http://ruleforum.llnl.gov. is applicable to NRC regulated activities This site provides the capability to of all NRC licensees and their 10 CFR Part 30 upload comments as files (any format), contractors and subcontractors. if your web browser supports that The petitioner also notes that Title 10 [Docket No. PRM±30±62] function. For information about the of the Code of Federal Regulations interactive rulemaking website, contact contains regulations to protect such Employee Protection Training; Receipt Ms. Carol Gallagher, (301) 415–5905 (e- conscientious workers from of Petition for Rulemaking mail: [email protected]). discrimination. The petitioner asserts The Petition and copies of comments that these regulations are frequently AGENCY: Nuclear Regulatory received may be inspected and copied violated, yet the individuals determined Commission. for a fee at the NRC Public Document by the NRC staff as being responsible for ACTION: Petition for rulemaking; notice Room, 2120 L Street, NW. (Lower these illegal activities are seldom held of receipt. Level), Washington, DC. accountable. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Nuclear Regulatory David L. Meyer, Chief, Rules and Fitness-for-Duty Rule Commission (NRC) is publishing for Directives Branch, Division of The petitioner states that 10 CFR Part public comment a notice of receipt of a Administrative Services, Office of 26 that contains the ‘‘Fitness-For-Duty’’ petition for rulemaking dated August Administration, U.S. Nuclear Regulatory regulations requires nuclear workers to 13, 1999, that was filed with the Commission, Washington, DC 20555– be free from impairment by drugs and Commission by the Union of Concerned 0001, Telephone: 301–415–7162 or Toll alcohol. The petitioner states that of the Scientists. The petition was docketed by Free: 1–800–368–5642. 111 individual enforcement actions the NRC on , 1999, and has SUPPLEMENTARY INFORMATION: listed in Attachment 1 to the petition, been assigned Docket No. PRM–30–62. Background 17 involved violation of the fitness-for- The petitioner requests that the NRC duty rule. The petitioner stated that the amend its regulations concerning The Petitioner NRC did not take actions against the deliberate misconduct to require The Union of Concerned Scientists licensees for these cases, but limited its licensees to provide specific training to sanctions to those individuals management, i.e., first line supervisors, (UCS) has had a nuclear safety program for over two decades and continue to responsible for the violations. managers, directors, and officers, on To the contrary, the petitioner states their obligations under the employee work with nuclear workers—including employees of the Nuclear Regulatory that NRC treats violations of employee protection regulations. The petitioner protection regulations differently. As an believes that the amendment would Commission—who raise safety concerns. The UCS notes examples of example, in Attachment 2 to the prevent nuclear energy management petition, the petitioner states that when from using ‘‘ignorance of the law’’ as an anonymous concerns received by its organization that have led to significant the NRC establishes that a violation of excuse for a violation and allow the an employee protection regulation has NRC to take enforcement actions against improvements in safety levels, e.g., concerns that UCS forwarded to the occurred such as the May 20, 1999, individuals who violate the employee enforcement action that the NRC protection regulations. State of Maine in December 1996 that led to the identification of faults in the imposed against FirstEnergy, the NRC DATES: Submit comments by January 10, safety analyses for the Maine Yankee seldom takes enforcement action against 2000. Comments received after this date plant. Other concerns received by UCS the individuals responsible for the will be considered if it is practical to do and presented to the NRC in January violations, but limits its enforcement so, but the Commission is able to assure 1998 led to the discovery of serious actions to the licensees. consideration only for comments defects in the ice condenser The petitioner believes that nuclear received on or before this date. containment at the Donald C. Cook safety demands that workers not be ADDRESSES: Submit written comments nuclear plant. impaired by drug and alcohol and that to the Secretary of the Commission, U.S. when any worker violates the fitness- Nuclear Regulatory Commission, Grounds for Interest for-duty rule, that individual should be Washington, DC 20555–0001, Attention: The petitioner states that on , held accountable. The petitioner Rulemakings and Adjudications Staff. 1996 (61 FR 24336) the NRC issued a believes it is equally important that Hand deliver comments to: 11555 policy statement that set forth its nuclear workers feel free to raise safety Rockville Pike, Rockville, Maryland expectation that licensees and other issues without fear of discrimination between 7:30 a.m. and 4:15 p.m. Federal employers subject to NRC authority will and believes that when a nuclear worker workdays. establish and maintain a safety- violates the employee protection

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57786 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules regulations, that individual should be the evidence is just as clear that the 10 CFR 2.206 Petition held accountable. NRC seldom imposes enforcement On , 1999, the petitioner filed The petitioner offers that the NRC actions against individuals even when it a petition with the NRC under 10 CFR holds individuals who violate the concludes that individuals were 2.206. The petition requested that the fitness-for-duty rule accountable. responsible for illegal discriminatory individual who was the Radiation However, the agency is not holding actions. Protection Manager at the Perry Nuclear individuals who violate the employee Power Plant be banned by the NRC from protection regulations accountable. The Sanctions Against Nuclear and Non- participation in licensed activities at petitioner is attempting to remedy this Nuclear Licensees and for any nuclear power plant for a inequity by this petition for rulemaking. Attachment 2 to the petition lists period of at least five years. The petitioner believes that by requiring eighteen enforcement actions imposed An NRC News Announcement RIII– licensees to train management on their against nuclear power plant owners for 99–31 dated , 1999, stated that obligations under the employee discrimination against nuclear power an NRC investigation found that the protection regulations, the NRC staff plant workers. The petitioner states that Radiation Protection Manager at the would no longer be able to claim that in 12 of the 18 enforcement actions individuals were unaware that their Perry Nuclear Power Plant against the owners, the NRC also actions were illegal. discriminated against a supervisor in imposed a civil penalty. The penalties 1997 for testifying in a United States Supporting Information ranged between $55,000 and $200,000 Department of Labor hearing involving The petitioner states that ‘‘10 CFR with the average being $104,417. possible discrimination against another Parts 30, 32, 40, 50, 52, 60, 61, 70, 71, Attachment 3 to the petition lists five plant worker. The Announcement stated 72, 110, and 150 each contain a enforcement actions imposed against that the NRC has banned individuals in regulation against deliberate misconduct non-nuclear power plant licensees for the recent past for five years for by employees and/or contractors of NRC discrimination against workers. The retaliation. licensees.’’ The petitioner specifically petitioner states that in four of the five By letter dated , 1999, the NRC set out in the petition the text from 10 enforcement actions against non-nuclear denied the petition. According to the CFR 50.5 to reflect the scope and plant licensees, the NRC also imposed a letter, the NRC stated that while content of the deliberate misconduct civil penalty. The penalties ranged consideration was given to taking regulations. between $4,400 and $10,000 with the enforcement action against the manager, The petitioner included three average being $7,800. it determined that the manager was not familiar with the requirements of 10 attachments to the petition that The petitioner states that from March summarize the enforcement actions that CFR 50.7. The NRC issued the manager 1996 to , 1999, the NRC took a letter stating that the manager’s NRC imposed against individuals, 23 enforcement actions against licensees nuclear power plant owners, and non- actions contributed to the enforcement for discriminating against nuclear action against FirstEnergy. Additionally, nuclear power plant licensees between workers. The petitioner notes that before March 1996 and August 5, 1999. The the letter informed the manager that taking the enforcement actions and involvement in a future discrimination enforcement data contained in the imposing the fines, the NRC staff’s attachments were obtained from the violation could result in enforcement investigations determined who did what action against the manager. The NRC website of the NRC Office of to whom. According to the petitioner, Enforcement, http://nrc.gov.OE/. proposed a $110,000 fine against the NRC concluded that the ‘‘what’’ FirstEnergy Nuclear Operating Sanctions Against Individuals violated the employee protection Company, for violation of the employee Attachment 1 to the petition indicates regulations of 10 CFR. protection requirements of 10 CFR 50.7. that NRC took enforcement action The petitioner states that despite Conclusion against individuals 111 times between identifying ‘‘who’’ was responsible for March 1996 and August 5, 1999. The violating Federal regulations in the 23 The petitioner states NRC’s decision petitioner notes that only four cases cases, the NRC staff only took regarding its 2.206 petition makes little involved enforcement actions taken by enforcement action against individuals sense. The petitioner asserts that NRC the NRC because the individual on four occasions. The petitioner further inaction endorses the view that discriminated against nuclear workers adds that the fact that the NRC took ignorance of the law is an excuse—at raising safety concerns. The petitioner actions against four individuals least when it comes to violating states that Federal regulations protect demonstrates that it has the statutory regulations promulgated to protect nuclear workers from being authority to do so and in fact revised its nuclear workers from discrimination. discriminated against for raising safety regulations on January 13, 1998 (63 FR The petitioner noted that when the NRC concerns and cites as an example the 1890) to extend the Deliberate revised the Deliberate Misconduct rule text of 10 CFR 50.7, Employee Misconduct Rule to six categories of in January, 1998, it stated— Protection, that applies to workers at persons. These categories included The objective of the rule is to explicitly put nuclear power plants. The petitioner applicants for NRC licenses; applicants those persons encompassed by this further states that 10 CFR contains for, or holders of, certificates of modification of the Deliberate Misconduct equivalent regulations that apply to compliance; applicants for, or holders Rule on notice that enforcement action may workers at non-power nuclear facilities. of, early site permits, standard design be taken against them for deliberate The petitioner specifies that the four certifications, or combined licenses for misconduct or deliberate submission of cases listed in Attachment 1 to the nuclear power plants; applicants for, or incomplete or inaccurate information, in petition where NRC imposed holders of, certificates of registration; relation to NRC licensed activities. Under Section 234 of the Atomic Energy Act, the enforcement action against individuals applicants for, or holders of, quality Commission may impose civil penalties on for their discriminatory actions against assurance program approvals; and the any person who violates any rule, regulation, nuclear workers clearly demonstrate employees, contractors, subcontractors or order issued under any one of the that the NRC can take such actions. and consultants of the above five enumerated provisions of the Act, or who However, according to the petitioner, categories of persons. commits a violation for which a license may

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57787 be revoked. The enforcement actions that result in loss of lift and consequent Availability of NPRMs may be taken, including orders limiting reduced controllability of the airplane. activities of wrongdoers in the future and Any person may obtain a copy of this DATES: Comments must be received by civil penalties, will serve as a deterrent to NPRM by submitting a request to the others throughout the industry. [emphasis November 26, 1999. FAA, Transport Airplane Directorate, added by Petitioner] ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. triplicate to the Federal Aviation The petitioner states that the NRC 99–NM–183–AD, 1601 Lind Avenue, Administration (FAA), Transport staff believes that people will be aware SW., Renton, Washington 98055–4056. Airplane Directorate, ANM–114, that the deliberate misconduct Attention: Rules Docket No. 99–NM– Discussion regulation was expanded to apply to 183–AD, 1601 Lind Avenue, SW., The Direction Ge´ne´rale de l’Aviation them, but that these same people will be Renton, Washington 98055–4056. Civile (DGAC), which is the oblivious to all of the other regulations Comments may be inspected at this airworthiness authority for France, that define proper conduct. Further, the location between 9:00 a.m. and 3:00 notified the FAA that an unsafe petitioner believes that rather than p.m., Monday through Friday, except condition may exist on all Aerospatiale debating whether the NRC staff can Federal holidays. Model ATR42 and ATR72 series really excuse illegal activities of nuclear The service information referenced in airplanes. The DGAC advises that, in industry management based on their the proposed rule may be obtained from several instances, crews have failed to ignorance of Federal regulations, UCS, Aerospatiale, 316 Route de Bayonne, activate the de-icing boots, despite the the petitioner, is opting for this petition 31060 Toulouse, Cedex 03, France. This fact that ice accretion had been detected for rulemaking change to disallow the information may be examined at the by the Anti-icing Advisory System ignorance excuse. FAA, Transport Airplane Directorate, (AAS). This failure to activate the de- Dated at Rockville, Maryland, this 21st day 1601 Lind Avenue, SW., Renton, icing boots may indicate that the current of October, 1999. Washington. design of the AAS may not provide For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: adequate alerting to the flight crew in all Annette L. Vietti-Cook, Norman B. Martenson, Manager, instances of ice accretion. In addition, Secretary of the Commission. International Branch, ANM–116, FAA, the existing wing de-icing boots may not [FR Doc. 99–28050 Filed 10–26–99; 8:45 am] Transport Airplane Directorate, 1601 be adequate to protect the airplane BILLING CODE 7590±01±P Lind Avenue, SW., Renton, Washington during prolonged exposure to severe 98055–4056; telephone (425) 227–2110; icing conditions. Such prolonged fax (425) 227–1149. exposure could result in degradation of DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: lift and drag characteristics, which could result in loss of lift and Federal Aviation Administration Comments Invited consequent reduced controllability of Interested persons are invited to the airplane. 14 CFR Part 39 participate in the making of the Explanation of Relevant Service proposed rule by submitting such [Docket No. 99±NM±183±AD] Information written data, views, or arguments as RIN 2120±AA64 they may desire. Communications shall Aerospatiale has issued Service identify the Rules Docket number and Bulletins ATR42–30–0064, Revision 1, Airworthiness Directives; Aerospatiale be submitted in triplicate to the address dated May 7, 1999, and ATR42–30– Model ATR42 and ATR72 Series specified above. All communications 0063, Revision 1, dated May 7, 1999 (for Airplanes received on or before the closing date Model ATR42 series airplanes); and AGENCY: Federal Aviation for comments, specified above, will be Service Bulletins ATR72–30–1032, Administration, DOT. considered before taking action on the Revision 1, dated May 7, 1999, and ACTION: Notice of proposed rulemaking proposed rule. The proposals contained ATR72–30–1033, Revision 1, dated May (NPRM). in this notice may be changed in light 7, 1999 (for Model ATR72 series of the comments received. airplanes). These service bulletins SUMMARY: This document proposes the Comments are specifically invited on describe procedures for replacing the adoption of a new airworthiness the overall regulatory, economic, median wing de-icing boots with directive (AD) that is applicable to all environmental, and energy aspects of extended de-icing boots and installing Aerospatiale Model ATR42 and ATR72 the proposed rule. All comments de-icing boots on the metallic wing series airplanes. This proposal would submitted will be available, both before leading edge. require modification of the alerting and after the closing date for comments, Additionally, Aerospatiale has issued capability of the anti-icing advisory in the Rules Docket for examination by Service Bulletin ATR42–30–0065, system to improve crew awareness of interested persons. A report Revision 1, dated , 1999 (for icing conditions, replacement of the summarizing each FAA-public contact Model ATR42 series airplanes), and median wing de-icing boots with concerned with the substance of this Service Bulletin ATR72–30–1034, extended de-icing boots, and proposal will be filed in the Rules Revision 1, dated May 17, 1999 (for installation of de-icing boots on the Docket. Model ATR72 series airplanes). These metallic wing leading edge. This Commenters wishing the FAA to service bulletins describe procedures for proposal is prompted by issuance of acknowledge receipt of their comments modifying the ICING light flashing logic mandatory continuing airworthiness submitted in response to this notice of the AAS. information by a foreign civil must submit a self-addressed, stamped Accomplishment of the actions airworthiness authority. The actions postcard on which the following specified in the service bulletins is specified by the proposed AD are statement is made: ‘‘Comments to intended to adequately address the intended to prevent degradation of lift Docket Number 99–NM–183–AD.’’ The identified unsafe condition. The DGAC and drag characteristics in prolonged postcard will be date stamped and classified these service bulletins as severe icing exposure, which could returned to the commenter. mandatory and issued French

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57788 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules airworthiness directives 1999–165– action, and that no operator would requirements of this AD is affected, the 077(B), dated , 1999 (for Model accomplish those actions in the future if owner/operator must request approval for an ATR42 series airplanes), and 1999–166– this AD were not adopted. alternative method of compliance in 041(B), dated April 21, 1999 (for Model accordance with paragraph (d) of this AD. Regulatory Impact The request should include an assessment of ATR72 series airplanes), in order to The regulations proposed herein the effect of the modification, alteration, or assure the continued airworthiness of repair on the unsafe condition addressed by these airplanes in France. would not have substantial direct effects this AD; and, if the unsafe condition has not on the States, on the relationship been eliminated, the request should include FAA’s Conclusions between the national government and specific proposed actions to address it. These airplane models are the States, or on the distribution of Compliance: Required as indicated, unless manufactured in France and are type power and responsibilities among the accomplished previously. certificated for operation in the United various levels of government. Therefore, To prevent degradation of lift and drag States under the provisions of § 21.29 of in accordance with Executive Order characteristics in prolonged severe icing the Federal Aviation Regulations (14 12612, it is determined that this exposure, which could result in loss of lift CFR 21.29) and the applicable bilateral proposal would not have sufficient and consequent reduced controllability of the airworthiness agreement. Pursuant to federalism implications to warrant the airplane, accomplish the following: this bilateral airworthiness agreement, preparation of a Federalism Assessment. Boot Replacement/Installation the DGAC has kept the FAA informed For the reasons discussed above, I (a) Within 30 months after the effective of the situation described above. The certify that this proposed regulation (1) date of this AD, replace the median wing de- FAA has examined the findings of the is not a ‘‘significant regulatory action’’ icing boots with extended de-icing boots in DGAC, reviewed all available under Executive Order 12866; (2) is not accordance with Aerospatiale Service information, and determined that AD a ‘‘significant rule’’ under the DOT Bulletin ATR42–30–0063, Revision 1, dated action is necessary for products of this Regulatory Policies and Procedures (44 May 7, 1999 (for Model ATR42 series FR 11034, , 1979); and (3) if airplanes), or ATR72–30–1032, Revision 1, type design that are certificated for dated May 7, 1999 (for Model ATR72 series operation in the United States. promulgated, will not have a significant airplanes); as applicable. economic impact, positive or negative, Explanation of Requirements of (b) Within 30 months after the effective on a substantial number of small entities date of this AD, install de-icing boots on the Proposed Rule under the criteria of the Regulatory metallic wing leading edge in accordance Since an unsafe condition has been Flexibility Act. A copy of the draft with Aerospatiale Service Bulletin ATR42– identified that is likely to exist or regulatory evaluation prepared for this 30–0064, Revision 1, dated May 7, 1999 (for develop on other airplanes of the same action is contained in the Rules Docket. Model ATR42 series airplanes), or ATR72– type design registered in the United A copy of it may be obtained by 30–1033, Revision 1, dated May 7, 1999 (for Model ATR72 series airplanes); as applicable. States, the proposed AD would require contacting the Rules Docket at the accomplishment of the actions specified location provided under the caption Modification in the service bulletins described ADDRESSES. (c) Within 30 months after the effective previously. date of this AD, modify the ICING light List of Subjects in 14 CFR Part 39 flashing logic of the Anti-icing Advisory Cost Impact Air transportation, Aircraft, Aviation System (AAS), in accordance with The FAA estimates that 140 airplanes safety, Safety. Aerospatiale Service Bulletin ATR42–30– of U.S. registry would be affected by this 0065, Revision 1, dated May 17, 1999 (for proposed AD. The Proposed Amendment Model ATR42 series airplanes), or The proposed replacement of existing Accordingly, pursuant to the Aerospatiale Service Bulletin ATR72–30– de-icing boots and the new installation authority delegated to me by the 1034, Revision 1, dated May 17, 1999 (for Model ATR72 series airplanes); as applicable. of de-icing boots would take Administrator, the Federal Aviation approximately 75 work hours per Administration proposes to amend part Alternative Methods of Compliance airplane to accomplish, at an average 39 of the Federal Aviation Regulations (d) An alternative method of compliance or labor rate of $60 per work hour. (14 CFR part 39) as follows: adjustment of the compliance time that Required parts would cost provides an acceptable level of safety may be approximately $5,500 per airplane. PART 39ÐAIRWORTHINESS used if approved by the Manager, Based on these figures, the cost impact DIRECTIVES International Branch, ANM–116, FAA, of the proposed AD on U.S. operators is Transport Airplane Directorate. Operators 1. The authority citation for part 39 shall submit their requests through an estimated to be $1,400,000, or $10,000 continues to read as follows: appropriate FAA Principal Maintenance per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. Inspector, who may add comments and then The proposed modification of the send it to the Manager, International Branch, alerting capability of the Anti-icing § 39.13 [Amended] ANM–116. Advisory System (AAS) would take 2. Section 39.13 is amended by Note 2: Information concerning the approximately 30 work hours per adding the following new airworthiness existence of approved alternative methods of airplane to accomplish, at an average directive: compliance with this AD, if any, may be labor rate of $60 per work hour. obtained from the International Branch, Required parts would cost Aerospatiale: Docket 99–NM–183–AD. ANM–116. Applicability: All Model ATR42 and approximately $2,000 per airplane. Special Flight Permits Based on these figures, the cost impact ATR72 series airplanes, certificated in any category. (e) Special flight permits may be issued in of the proposed AD on U.S. operators is accordance with §§ 21.197 and 21.199 of the estimated to be $532,000, or $3,800 per Note 1: This AD applies to each airplane identified in the preceding applicability Federal Aviation Regulations (14 CFR 21.197 airplane. provision, regardless of whether it has been and 21.199) to operate the airplane to a The cost impact figures discussed modified, altered, or repaired in the area location where the requirements of this AD above are based on assumptions that no subject to the requirements of this AD. For can be accomplished. operator has yet accomplished any of airplanes that have been modified, altered, or Note 3: The subject of this AD is addressed the proposed requirements of this AD repaired so that the performance of the in French airworthiness directives 1999–

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165–077(B), dated April 21, 1999 (for Model Attention: Technical Publications Model DC–9 series airplanes. The ATR42 series airplanes), and 1999–166– Business Administration, Dept. C1–L51 fatigue cracking was found between 041(B), dated April 21, 1999 (for Model (2–60). This information may be longerons 22 though 26 on the left side ATR72 series airplanes). examined at the FAA, Transport at stations Y=160.000 and Y=200.000. Issued in Renton, Washington, on October Airplane Directorate, 1601 Lind These airplanes had accumulated 21, 1999. Avenue, SW., Renton, Washington; or at between 59,110 and 74,445 total flight D.L. Riggin, the FAA, Transport Airplane cycles. The cracking of the longeron Acting Manager, Transport Airplane Directorate, Los Angeles Aircraft segments has been attributed to fatigue. Directorate, Aircraft Certification Service. Certification Office, 3960 Paramount Such fatigue cracking, if not corrected, [FR Doc. 99–28080 Filed 10–26–99; 8:45 am] Boulevard, Lakewood, California. could result in reduced structural BILLING CODE 4910±13±P FOR FURTHER INFORMATION CONTACT: Carl integrity of the fuselage, and consequent Fountain, Aerospace Engineer, Airframe loss of pressurization of the airplane. Branch, ANM–120L; FAA, Los Angeles The fuselage longerons-to-frame DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 3960 attachments of McDonnell Douglas Paramount Boulevard, Lakewood, Model MD–90 series airplanes are Federal Aviation Administration California 90712; telephone (562) 627– similar to those of the affected 14 CFR Part 39 5222; fax (562) 627–5210. McDonnell Douglas Model DC–9 series SUPPLEMENTARY INFORMATION: airplanes. Therefore, the Model MD–90 [Docket No. 99±NM±209±AD] may be subject to the same unsafe Comments Invited condition. RIN 2120±AA64 Interested persons are invited to Other Relevant Rulemaking Airworthiness Directives; McDonnell participate in the making of the On , 1998, the FAA Douglas Model MD±90 Series proposed rule by submitting such issued AD 98–24–33, amendment 39– Airplanes written data, views, or arguments as they may desire. Communications shall 10919 (63 FR 66739, , 1998), AGENCY: Federal Aviation identify the Rules Docket number and applicable to certain McDonnell Administration, DOT. be submitted in triplicate to the address Douglas DC–9 and MD–88 series ACTION: Notice of proposed rulemaking specified above. All communications airplanes, to require a one-time visual (NPRM). received on or before the closing date inspection to detect fatigue cracks for comments, specified above, will be between longerons 22 through 26 and SUMMARY: This document proposes the considered before taking action on the the attaching frames, and corrective adoption of a new airworthiness proposed rule. The proposals contained action, if necessary. However, this directive (AD) that is applicable to in this notice may be changed in light proposed AD would not affect the certain McDonnell Douglas Model MD– of the comments received. current requirements of that previously 90 series airplanes. This proposal would Comments are specifically invited on issued AD. require a one-time detailed visual the overall regulatory, economic, environmental, and energy aspects of Explanation of Relevant Service inspection to detect fatigue cracking of Information certain longerons and the attaching the proposed rule. All comments frames of the lower left nose; and repair, submitted will be available, both before The FAA has reviewed and approved if necessary. The proposal also would and after the closing date for comments, McDonnell Douglas Service Bulletin require installation of a preventive in the Rules Docket for examination by MD90–53–004, dated , 1998, modification. This proposal is prompted interested persons. A report which describes procedures for a one- by several reports of fatigue cracking of summarizing each FAA-public contact time detailed visual inspection to detect certain longerons and the attaching concerned with the substance of this cracking of longerons 22 through 26 and frames. The actions specified by the proposal will be filed in the Rules the attaching frames at stations proposed AD are intended to prevent Docket. Y=160.000 and Y=200.000 of the lower such fatigue cracking, which could Commenters wishing the FAA to left nose, and repair, if necessary. The result in reduced structural integrity of acknowledge receipt of their comments service bulletin also provides the fuselage, and consequent loss of submitted in response to this notice procedures for a preventive pressurization of the airplane. must submit a self-addressed, stamped modification (i.e., installation of clips and doublers under longeron flanges DATES: Comments must be received by postcard on which the following December 13, 1999. statement is made: ‘‘Comments to and shims longeron) to relieve preloads. Docket Number 99–NM–209–AD.’’ The Explanation of Requirements of ADDRESSES: Submit comments in postcard will be date stamped and Proposed Rule triplicate to the Federal Aviation returned to the commenter. Administration (FAA), Transport Since an unsafe condition has been Airplane Directorate, ANM–114, Availability of NPRMs identified that is likely to exist or Attention: Rules Docket No. 99–NM– Any person may obtain a copy of this develop on other products of this same 209–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the type design, the proposed AD would Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, require accomplishment of the actions Comments may be inspected at this ANM–114, Attention: Rules Docket No. specified in the service bulletin location between 9:00 a.m. and 3:00 99–NM–209–AD, 1601 Lind Avenue, described previously. p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. Federal holidays. Cost Impact The service information referenced in Discussion There are approximately 7 airplanes the proposed rule may be obtained from The FAA has received reports of the affected design in the worldwide The Boeing Company, Douglas Products indicating that cracking of the fuselage fleet. The FAA estimates that 6 Division, 3855 Lakewood Boulevard, longerons-to-frame attachment holes airplanes of U.S. registry would be Long Beach, California 90846, occurred on three McDonnell Douglas affected by this proposed AD.

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It would take approximately 1 work PART 39ÐAIRWORTHINESS clips and doublers under the longeron hour per airplane to accomplish the DIRECTIVES flanges and shim the longerons in accordance proposed inspection, at an average labor with the service bulletin. 1. The authority citation for part 39 rate of $60 per work hour. Based on Alternative Methods of Compliance continues to read as follows: these figures, the cost impact of the (b) An alternative method of compliance or inspection proposed by this AD on U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that operators is estimated to be $360, or $60 § 39.13 [Amended] provides an acceptable level of safety may be per airplane. used if approved by the Manager, Los 2. Section 39.13 is amended by It would take approximately 6 work Angeles Aircraft Certification Office (ACO), adding the following new airworthiness hours per airplane to accomplish the FAA, Transport Airplane Directorate. directive: proposed modification, at an average Operators shall submit their requests through an appropriate FAA Principal Maintenance labor rate of $60 per work hour. Parts McDonnell Douglas: Docket 99–NM–209– AD. Inspector, who may add comments and then would cost approximately $312 per send it to the Manager, Los Angeles ACO. airplane. Based on these figures, the cost Applicability: Model MD–90 series airplanes, as listed in McDonnell Douglas Note 3: Information concerning the impact of the modification proposed by existence of approved alternative methods of this AD on U.S. operators is estimated Service Bulletin MD90–53–004, dated August 20, 1998; certificated in any category. compliance with this AD, if any, may be to be $4,032, or $672 per airplane. obtained from the Manager, Los Angeles Note 1: This AD applies to each airplane ACO. The cost impact figures discussed identified in the preceding applicability above are based on assumptions that no provision, regardless of whether it has been Special Flight Permits operator has yet accomplished any of modified, altered, or repaired in the area (c) Special flight permits may be issued in the proposed requirements of this AD subject to the requirements of this AD. For accordance with §§ 21.197 and 21.199 of the action, and that no operator would airplanes that have been modified, altered, or Federal Aviation Regulations (14 CFR 21.197 repaired so that the performance of the accomplish those actions in the future if and 21.199) to operate the airplane to a requirements of this AD is affected, the this AD were not adopted. location where the requirements of this AD owner/operator must request approval for an can be accomplished. Regulatory Impact alternative method of compliance in accordance with paragraph (b) of this AD. Issued in Renton, Washington, on October The regulations proposed herein The request should include an assessment of 21, 1999. would not have substantial direct effects the effect of the modification, alteration, or D.L. Riggin, on the States, on the relationship repair on the unsafe condition addressed by Acting Manager, Transport Airplane between the national government and this AD; and, if the unsafe condition has not Directorate, Aircraft Certification Service. the States, or on the distribution of been eliminated, the request should include [FR Doc. 99–28079 Filed 10–26–99; 8:45 am] specific proposed actions to address it. power and responsibilities among the BILLING CODE 4910±13±U various levels of government. Therefore, Compliance: Required as indicated, unless in accordance with Executive Order accomplished previously. 12612, it is determined that this To prevent fatigue cracking of longerons 22 through 26 and the attaching frames, which DEPARTMENT OF TRANSPORTATION proposal would not have sufficient could result in reduced structural integrity of federalism implications to warrant the the fuselage, and consequent loss of Federal Aviation Administration preparation of a Federalism Assessment. pressurization of the airplane; accomplish For the reasons discussed above, I the following: 14 CFR Part 39 certify that this proposed regulation (1) Inspection and Modification [Docket No. 99±NM±210±AD] is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not (a) Prior to the accumulation of 40,000 total RIN 2120±AA64 landings, or within 24 months after the a ‘‘significant rule’’ under the DOT effective date of this AD, whichever occurs Airworthiness Directives; McDonnell Regulatory Policies and Procedures (44 later: Perform a detailed visual inspection to Douglas Model MD±90±30 Series FR 11034, February 26, 1979); and (3) if detect cracking of longerons 22 through 26 Airplanes promulgated, will not have a significant (inclusive) and the respective attaching economic impact, positive or negative, frames at station frames Y=160.000 and AGENCY: Federal Aviation on a substantial number of small entities Y=200.000 of the left lower nose, in Administration, DOT. accordance with McDonnell Douglas Service under the criteria of the Regulatory ACTION: Notice of proposed rulemaking Flexibility Act. A copy of the draft Bulletin MD90–53–004, dated August 20, 1998. (NPRM). regulatory evaluation prepared for this Note 2: For the purposes of this AD, a action is contained in the Rules Docket. SUMMARY: This document proposes the detailed visual inspection is defined as: ‘‘An A copy of it may be obtained by intensive visual examination of a specific adoption of a new airworthiness contacting the Rules Docket at the structural area, system, installation, or directive (AD) that is applicable to location provided under the caption assembly to detect damage, failure, or certain McDonnell Douglas Model MD– ADDRESSES. irregularity. Available lighting is normally 90–30 series airplanes. This proposal supplemented with a direct source of good would require repetitive fluorescent List of Subjects in 14 CFR Part 39 lighting at intensity deemed appropriate by penetrant and magnetic particle Air transportation, Aircraft, Aviation the inspector. Inspection aids such as mirror, inspections to detect fatigue cracking of safety, Safety. magnifying lenses, etc., may be used. Surface the main landing gear (MLG) piston, and cleaning and elaborate access procedures repair, if necessary. This proposal is The Proposed Amendment may be required.’’ prompted by reports of MLG failures Accordingly, pursuant to the (1) If no cracking is detected: Prior to during towing of in-service airplanes further flight, install clips and doublers authority delegated to me by the under the longeron flanges and shim the due to fatigue cracks. The actions Administrator, the Federal Aviation longerons in accordance with the service specified by the proposed AD are Administration proposes to amend part bulletin. intended to detect and correct fatigue 39 of the Federal Aviation Regulations (2) If any cracking is detected: Prior to cracking of MLG pistons, which could (14 CFR part 39) as follows: further flight, repair the cracks and install result in failure of the pistons, and

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December 13, 1999. postcard on which the following Explanation of Requirements of ADDRESSES: Submit comments in statement is made: ‘‘Comments to Proposed Rule triplicate to the Federal Aviation Docket Number 99–NM–210–AD.’’ The Since an unsafe condition has been Administration (FAA), Transport postcard will be date stamped and identified that is likely to exist or Airplane Directorate, ANM–114, returned to the commenter. develop on other products of this same Attention: Rules Docket No. 99–NM– Availability of NPRMs type design, the proposed AD would 210–AD, 1601 Lind Avenue, SW., require accomplishment of the actions Renton, Washington 98055–4056. Any person may obtain a copy of this specified in the service bulletin Comments may be inspected at this NPRM by submitting a request to the FAA, Transport Airplane Directorate, described previously, except as location between 9:00 a.m. and 3:00 discussed below. p.m., Monday through Friday, except ANM–114, Attention: Rules Docket No. 99–NM–210–AD, 1601 Lind Federal holidays. Differences Between Proposed Rule and The service information referenced in Avenue, SW., Renton, Washington Service Bulletin 98055–4056. the proposed rule may be obtained from Operators should note that, although Boeing Commercial Aircraft Group, Discussion the service bulletin specifies that the Long Beach Division, 3855 Lakewood The FAA has received reports of main manufacturer may be contacted for Boulevard, Long Beach, California landing gear (MLG) piston failures disposition of certain repair conditions, 90846, Attention: Technical during towing of McDonnell Douglas this proposal would require the repair of Publications Business Administration, Model DC–9–80 (MD–80) series those conditions to be accomplished in Dept. C1–L51 (2–60). This information airplanes. Investigation revealed that the accordance with a method approved by may be examined at the FAA, Transport fracture surface extended around the the FAA. Airplane Directorate, 1601 Lind barrel section at the piston/axle Operators also should note that, Avenue, SW., Renton, Washington; or at transition. The fractures originated at a although the service bulletin the FAA, Transport Airplane fatigue crack located where the inner/ recommends accomplishing the Directorate, Los Angeles Aircraft upper edge of a torque link lug blended fluorescent inspections only for MLG’s Certification Office, 3960 Paramount into this transition. This condition, if that have accumulated more than a Boulevard, Lakewood, California. not corrected, could result in failure of specified number of landings, the FAA FOR FURTHER INFORMATION CONTACT: Carl the pistons, and consequent damage to has determined that all of the subject Fountain, Aerospace Engineer, Airframe the airplane structure and injury to parts are subject to the same fatigue Branch, ANM–120L, FAA, Transport flight crew, passengers, or ground cracking. Therefore, the compliance Airplane Directorate, Los Angeles personnel. times for the proposed inspections Aircraft Certification Office, 3960 The subject MLG torque link lugs on address all MLG’s of the affected design. Paramount Boulevard, Lakewood, Model MD–90–30 series airplanes are In developing an appropriate California 90712–4137; telephone (562) similar to those on the affected compliance time for this proposed AD, 627–5222; fax (562) 627–5210. McDonnell Douglas Model DC–9–80 the FAA considered not only the SUPPLEMENTARY INFORMATION: series airplanes. Therefore, all of these manufacturer’s recommendation, but the degree of urgency associated with Comments Invited airplanes may be subject to the same unsafe condition. addressing the subject unsafe condition, Interested persons are invited to the average utilization of the affected participate in the making of the Other Relevant Rulemaking fleet, and the time necessary to perform proposed rule by submitting such On , 1996, the FAA the inspection (two hours). In light of all written data, views, or arguments as issued AD 96–19–09, amendment 39– of these factors, the FAA finds that they may desire. Communications shall 9756 (61 FR 48617, , intervals of 4,000 landings for identify the Rules Docket number and 1996), applicable to certain McDonnell inspection of MLG piston, part number be submitted in triplicate to the address Douglas DC–9 and MD–88 series (P/N) 5935347–509, and 5,000 landings specified above. All communications airplanes, to require a one-time for MLG piston, P/N’s 5935347–511 and received on or before the closing date inspection to detect cracking of the MLG –513, address the identified unsafe for comments, specified above, will be pistons, and repair or replacement of the condition in a timely manner. considered before taking action on the pistons with new or serviceable parts, if Therefore, the FAA has determined proposed rule. The proposals contained necessary. However, this proposed AD these compliance times for initiating the in this notice may be changed in light would not affect the current required actions to be warranted, in that of the comments received. requirements of that previously issued they represent an appropriate interval of Comments are specifically invited on AD. time allowable for affected airplanes to the overall regulatory, economic, continue to operate without Explanation of Relevant Service environmental, and energy aspects of compromising safety. the proposed rule. All comments Information submitted will be available, both before The FAA has reviewed and approved Interim Action and after the closing date for comments, McDonnell Douglas Service Bulletin This is considered to be interim in the Rules Docket for examination by MD90–32–012, dated , 1997, and action. The manufacturer has advised interested persons. A report Revision 01, dated , 1998, which that it currently is developing a summarizing each FAA-public contact describes procedures for repetitive modification that will positively address concerned with the substance of this fluorescent penetrant and magnetic the unsafe condition addressed by this proposal will be filed in the Rules particle inspections of the MLG torque AD. Once this modification is Docket. link lugs to detect fatigue cracking, and developed, approved, and available, the

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FAA may consider additional PART 39ÐAIRWORTHINESS Repair rulemaking. DIRECTIVES (c) If any crack is found during any inspection required by this AD: Repair in Cost Impact 1. The authority citation for part 39 accordance with a method approved by the There are approximately 19 airplanes continues to read as follows: Manager, Los Angeles Aircraft Certification of the affected design in the worldwide Authority: 49 U.S.C. 106(g), 40113, 44701. Office (ACO), FAA, Transport Airplane fleet. The FAA estimates that 15 Directorate. § 39.13 [Amended] airplanes of U.S. registry would be Alternative Methods of Compliance 2. Section 39.13 is amended by affected by this proposed AD, that it (d) An alternative method of compliance or would take approximately 2 work hours adding the following new airworthiness adjustment of the compliance time that per airplane to accomplish the proposed directive: provides an acceptable level of safety may be inspections, and that the average labor McDonnell Douglas: Docket 99–NM–210– used if approved by the Manager, Los rate is $60 per work hour. Based on AD. Angeles ACO. Operators shall submit their these figures, the cost impact of the Applicability: Model MD–90–30 airplanes, requests through an appropriate FAA proposed AD on U.S. operators is as listed in McDonnell Douglas Service Principal Maintenance Inspector, who may Bulletin MD90–32–012, Revision 01, dated add comments and then send it to the estimated to be $1,800, or $120 per Manager, Los Angeles ACO. airplane, per inspection cycle. June 2, 1998; certificated in any category. Note 1: This AD applies to each airplane Note 2: Information concerning the The cost impact figure discussed existence of approved alternative methods of above is based on assumptions that no identified in the preceding applicability provision, regardless of whether it has been compliance with this AD, if any, may be operator has yet accomplished any of modified, altered, or repaired in the area obtained from the Los Angeles ACO. the proposed requirements of this AD subject to the requirements of this AD. For Special Flight Permits action, and that no operator would airplanes that have been modified, altered, or accomplish those actions in the future if repaired so that the performance of the (e) Special flight permits may be issued in this AD were not adopted. requirements of this AD is affected, the accordance with §§ 21.197 and 21.199 of the owner/operator must request approval for an Federal Aviation Regulations (14 CFR 21.197 Regulatory Impact alternative method of compliance in and 21.199) to operate the airplane to a accordance with paragraph (d) of this AD. location where the requirements of this AD The regulations proposed herein can be accomplished. would not have substantial direct effects The request should include an assessment of the effect of the modification, alteration, or Issued in Renton, Washington, on October on the States, on the relationship repair on the unsafe condition addressed by 21, 1999. between the national government and this AD; and, if the unsafe condition has not D.L. Riggin, the States, or on the distribution of been eliminated, the request should include Acting Manager, Transport Airplane power and responsibilities among the specific proposed actions to address it. Directorate, Aircraft Certification Service. various levels of government. Therefore, Compliance: Required as indicated, unless [FR Doc. 99–28078 Filed 10–26–99; 8:45 am] in accordance with Executive Order accomplished previously. BILLING CODE 4910±13±U 12612, it is determined that this To detect and correct fatigue cracking of proposal would not have sufficient main landing gear (MLG) pistons, which could result in failure of the pistons, and federalism implications to warrant the DEPARTMENT OF TRANSPORTATION preparation of a Federalism Assessment. consequent damage to the airplane structure and injury to flight crew, passengers, or For the reasons discussed above, I ground personnel, accomplish the following: Federal Aviation Administration certify that this proposed regulation (1) is not a ‘‘significant regulatory action’’ Inspection of MLG Piston Part Number 14 CFR Part 39 5935347–509 under Executive Order 12866; (2) is not [Docket No. 99±NM±217±AD] a ‘‘significant rule’’ under the DOT (a) For MLG pistons, part number (P/N) Regulatory Policies and Procedures (44 5935347–509: Perform fluorescent penetrant RIN 2120±AA64 FR 11034, February 26, 1979); and (3) if and magnetic particle inspections to detect Airworthiness Directives; McDonnell promulgated, will not have a significant fatigue cracking of the MLG pistons, in accordance with McDonnell Douglas Service Douglas Model DC±8 Series Airplanes economic impact, positive or negative, Bulletin MD90–32–012, dated May 19, 1997; on a substantial number of small entities or Revision 01, dated June 2, 1998, at the AGENCY: Federal Aviation under the criteria of the Regulatory later of the times specified in paragraphs Administration, DOT. Flexibility Act. A copy of the draft (a)(1) and (a)(2) of this AD. Repeat the ACTION: Notice of proposed rulemaking regulatory evaluation prepared for this inspections thereafter at intervals not to (NPRM). action is contained in the Rules Docket. exceed 2,500 landings. A copy of it may be obtained by (1) Prior to the accumulation of 4,000 SUMMARY: This document proposes the contacting the Rules Docket at the landings; or adoption of a new airworthiness location provided under the caption (2) Within 2,500 landings or 12 months directive (AD) that is applicable to after the effective date of this AD whichever ADDRESSES. occurs first. certain McDonnell Douglas Model DC– 8 series airplanes. This proposal would List of Subjects in 14 CFR Part 39 Inspection of MLG Piston Part Numbers require a one-time eddy current Air transportation, Aircraft, Aviation 5935347–511 and –513 conductivity test to determine the safety, Safety. (b) For MLG pistons P/N’s 5935347–511 material type of the lower cap of the and –513: Within 5,000 landings after the wing front spar; and modification of the The Proposed Amendment effective date of this AD, perform fluorescent lower cap of the wing front spar, if Accordingly, pursuant to the penetrant and magnetic particle inspections necessary. This proposal is prompted by to detect fatigue cracking of the MLG pistons, authority delegated to me by the in accordance with McDonnell Douglas reports of stress corrosion cracking in Administrator, the Federal Aviation Service Bulletin MD90–32–012, dated May the forward tang of the lower caps of the Administration proposes to amend part 19, 1997; or Revision 01, dated June 2, 1998. wing front spar. The actions specified 39 of the Federal Aviation Regulations Repeat the inspections thereafter at intervals by the proposed AD are intended to (14 CFR part 39) as follows: not to exceed 5,000 landings. prevent such stress corrosion cracking,

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57793 which if not corrected, could result in Commenters wishing the FAA to approved as an alternative method of reduced structural integrity of the wing. acknowledge receipt of their comments compliance to AD 90–16–05.) Revision DATES: Comments must be received by submitted in response to this notice 05 of the service bulletin adds 52 December 13, 1999. must submit a self-addressed, stamped additional airplanes to the list of postcard on which the following effective airplane serial numbers. ADDRESSES: Submit comments in statement is made: ‘‘Comments to Accomplishment of the actions triplicate to the Federal Aviation Docket Number 99–NM–217–AD.’’ The specified in the service bulletins is Administration (FAA), Transport postcard will be date stamped and intended to adequately address the Airplane Directorate, ANM–114, returned to the commenter. identified unsafe condition. Attention: Rules Docket No. 99–NM– 217–AD, 1601 Lind Avenue, SW., Availability of NPRMs Explanation of Requirements of Renton, Washington 98055–4056. Any person may obtain a copy of this Proposed Rule Comments may be inspected at this NPRM by submitting a request to the Since an unsafe condition has been location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, identified that is likely to exist or p.m., Monday through Friday, except ANM–114, Attention: Rules Docket No. develop on other products of this same Federal holidays. 99–NM–217–AD, 1601 Lind Avenue, type design, the proposed AD would The service information referenced in SW., Renton, Washington 98055–4056. require accomplishment of the actions the proposed rule may be obtained from specified in the service bulletin Discussion Boeing Commercial Aircraft Group, described previously. Long Beach Division, 3855 Lakewood The FAA has received reports of Boulevard, Long Beach, California stress corrosion cracking in the forward Cost Impact 90846, Attention: Technical tang of the lower cap of the wing front There are approximately 294 Publications Business Administration, spar of McDonnell Douglas Model DC– airplanes of the affected design in the Dept. C1–L51 (2–60). This information 8 series airplanes. Investigation revealed worldwide fleet. The FAA estimates that may be examined at the FAA, Transport that some front spar lower caps were 251 airplanes of U.S. registry would be Airplane Directorate, 1601 Lind manufactured from 7079–T6 material, affected by this proposed AD, that it Avenue, SW., Renton, Washington; or at which is susceptible to stress corrosion would take approximately 3 work hours the FAA, Transport Airplane cracking. This condition, if not per airplane to accomplish the proposed Directorate, Los Angeles Aircraft corrected, could result in reduced inspection, and that the average labor Certification Office, 3960 Paramount structural integrity of the wing. rate is $60 per work hour. Based on Boulevard, Lakewood, California. these figures, the cost impact of the Other Relevant Rulemaking FOR FURTHER INFORMATION CONTACT: Greg proposed AD on U.S. operators is AD 90–16–05, amendment 39–6614 DiLibero, Airframe Branch, ANM–120L, estimated to be $45,180, or $180 per (55 FR 31818, , 1990) requires FAA, Transport Airplane Directorate, airplane. certain inspections and structural Los Angeles Aircraft Certification The cost impact figure discussed modifications. McDonnell Douglas Office, 3960 Paramount Boulevard, above is based on assumptions that no Service Bulletin DC8–57–030, Revision Lakewood, California 90712–4137; operator has yet accomplished any of 3, dated , 1970, was telephone (562) 627–5231; fax (562) the proposed requirements of this AD mandated as part of the service action 627–5210. action, and that no operator would requirements program required by AD accomplish those actions in the future if SUPPLEMENTARY INFORMATION: 90–16–05. Revision 3 of the service this AD were not adopted. Comments Invited bulletin describes procedures for a one- time visual inspection for cracks in the Regulatory Impact Interested persons are invited to forward tang of the lower cap of the The regulations proposed herein participate in the making of the front spar, and modification, if cracking would not have substantial direct effects proposed rule by submitting such is detected. on the States, on the relationship written data, views, or arguments as between the national government and they may desire. Communications shall Explanation of Relevant Service the States, or on the distribution of identify the Rules Docket number and Information power and responsibilities among the be submitted in triplicate to the address The FAA has reviewed and approved various levels of government. Therefore, specified above. All communications McDonnell Douglas Service Bulletin in accordance with Executive Order received on or before the closing date DC8–57–030, Revision 04, dated August 12612, it is determined that this for comments, specified above, will be 17, 1995; and Revision 05, dated April proposal would not have sufficient considered before taking action on the 28, 1998. Revisions 04 and 05 of the federalism implications to warrant the proposed rule. The proposals contained service bulletin describe procedures for preparation of a Federalism Assessment. in this notice may be changed in light a one-time eddy current conductivity For the reasons discussed above, I of the comments received. test to determine the material type of the certify that this proposed regulation (1) Comments are specifically invited on forward tang of the lower cap of the is not a ‘‘significant regulatory action’’ the overall regulatory, economic, wing front spar, and modification of the under Executive Order 12866; (2) is not environmental, and energy aspects of front spar, if necessary. The a ‘‘significant rule’’ under the DOT the proposed rule. All comments modification involves replacement of Regulatory Policies and Procedures (44 submitted will be available, both before lower cap of the wing front spar with a FR 11034, February 26, 1979); and (3) if and after the closing date for comments, new lower cap. Revision 04 of the promulgated, will not have a significant in the Rules Docket for examination by service bulletin recommends that economic impact, positive or negative, interested persons. A report airplanes previously modified in on a substantial number of small entities summarizing each FAA-public contact accordance with Revision 3 of the under the criteria of the Regulatory concerned with the substance of this service bulletin be reworked if the lower Flexibility Act. A copy of the draft proposal will be filed in the Rules cap was made of 7079–T6 material. regulatory evaluation prepared for this Docket. (Revision 04 of the service bulletin was action is contained in the Rules Docket.

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A copy of it may be obtained by cap of the front spar, in accordance with the the center stowage bin supports can contacting the Rules Docket at the service bulletin. break. The actions specified by the location provided under the caption (b) Accomplishment of the eddy current proposed AD are intended to prevent conductivity test, and modification, if ADDRESSES. broken tie rods, which could result in necessary, specified in paragraph (a) of this the center stowage bins dropping onto List of Subjects in 14 CFR Part 39 AD constitutes terminating action for the repetitive inspection requirements of the passenger seats below, causing Air transportation, Aircraft, Aviation paragraph (a) of AD 90–16–05, amendment possible injury to the occupants. safety, Safety. 39–6614, as it applies to the inspections of DATES: Comments must be received by the forward tang of the lower cap of the front December 13, 1999. The Proposed Amendment spar specified in McDonnell Douglas Service ADDRESSES: Submit comments in Accordingly, pursuant to the Bulletin DC8–57–30, Revision 3, dated December 10, 1970. triplicate to the Federal Aviation authority delegated to me by the Administration (FAA), Transport Administrator, the Federal Aviation Alternative Methods of Compliance Airplane Directorate, ANM–114, Administration proposes to amend part (c) An alternative method of compliance Attention: Rules Docket No. 99–NM– 39 of the Federal Aviation Regulations that provides an acceptable level of safety 232–AD, 1601 Lind Avenue, SW., (14 CFR part 39) as follows: may be used if approved by the Manager, Los Renton, Washington 98055–4056. Angeles Aircraft Certification Office (ACO), Comments may be inspected at this PART 39ÐAIRWORTHINESS FAA, Transport Airplane Directorate. location between 9:00 a.m. and 3:00 DIRECTIVES Operators shall submit their requests through an appropriate FAA Principal Maintenance p.m., Monday through Friday, except 1. The authority citation for part 39 Inspector, who may add comments and then Federal holidays. continues to read as follows: send it to the Manager, Los Angeles ACO. The service information referenced in the proposed rule may be obtained from Authority: 49 U.S.C. 106(g), 40113, 44701. Note 2: Information concerning the existence of approved alternative methods of Boeing Commercial Airplane Group, § 39.13 [Amended] compliance with this AD, if any, may be P.O. Box 3707, Seattle, Washington 2. Section 39.13 is amended by obtained from the Los Angeles ACO. 98124–2207. This information may be adding the following new airworthiness Special Flight Permits examined at the FAA, Transport directive: Airplane Directorate, 1601 Lind (d) Special flight permits may be issued in Avenue, SW., Renton, Washington. McDonnell Douglas: Docket 99–NM–217– accordance with §§ 21.197 and 21.199 of the FOR FURTHER INFORMATION CONTACT: Julie AD. Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a Alger, Aerospace Engineer, Airframe Applicability: Model DC–8 series airplanes, location where the requirements of this AD Branch, ANM–120S, FAA, Transport as listed in McDonnell Douglas Service can be accomplished. Bulletin DC8–57–30, Revision 05, dated Airplane Directorate, Seattle Aircraft , 1998; certificated in any category. Issued in Renton, Washington, on October Certification Office, 1601 Lind Avenue Note 1: This AD applies to each airplane 21, 1999. S.W., Renton, Washington 98055–4056; identified in the preceding applicability D.L. Riggin, telephone (425) 227–2779; fax (425) provision, regardless of whether it has been Acting Manager, Transport Airplane 227–1181. modified, altered, or repaired in the area Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: subject to the requirements of this AD. For [FR Doc. 99–28077 Filed 10–26–99; 8:45 am] airplanes that have been modified, altered, or Comments Invited BILLING CODE 4910±13±U repaired so that the performance of the Interested persons are invited to requirements of this AD is affected, the participate in the making of the owner/operator must request approval for an proposed rule by submitting such alternative method of compliance in DEPARTMENT OF TRANSPORTATION accordance with paragraph (c) of this AD. written data, views, or arguments as The request should include an assessment of Federal Aviation Administration they may desire. Communications shall the effect of the modification, alteration, or identify the Rules Docket number and repair on the unsafe condition addressed by 14 CFR Part 39 be submitted in triplicate to the address this AD; and, if the unsafe condition has not [Docket No. 99±NM±232±AD] specified above. All communications been eliminated, the request should include received on or before the closing date specific proposed actions to address it. RIN 2120±AA64 for comments, specified above, will be Compliance: Required as indicated, unless considered before taking action on the Airworthiness Directives; Boeing accomplished previously. proposed rule. The proposals contained Model 777 Series Airplanes To prevent stress corrosion cracking of the in this notice may be changed in light lower cap of the wing front spar, which if not AGENCY: Federal Aviation of the comments received. corrected, could result in reduced structural Comments are specifically invited on integrity of the wing, accomplish the Administration, DOT. following: ACTION: Notice of proposed rulemaking the overall regulatory, economic, (a) Within 48 months after the effective (NPRM). environmental, and energy aspects of date of this AD, perform a one-time eddy the proposed rule. All comments current conductivity test to determine the SUMMARY: This document proposes the submitted will be available, both before material type of the forward tang of the lower adoption of a new airworthiness and after the closing date for comments, cap of the front spar in the center section of directive (AD) that is applicable to in the Rules Docket for examination by the wing, in accordance with McDonnell certain Boeing Model 777 series interested persons. A report Douglas Service Bulletin DC8–57–30, airplanes. This proposal would require summarizing each FAA-public contact Revision 05, dated April 28, 1998, or replacement of the clevis ends on the tie concerned with the substance of this Revision 04, dated , 1995. (1) If 7079–T6 aluminum is not found, no rods for the center stowage bin supports proposal will be filed in the Rules further action is required by this AD. with improved clevis ends. This Docket. (2) If any 7079–T6 aluminum is found, proposal is prompted by a report that, Commenters wishing the FAA to within 48 months after the effective date of under ultimate load conditions, the acknowledge receipt of their comments this AD, modify the forward tang of the lower aluminum clevis ends on the tie rods for submitted in response to this notice

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57795 must submit a self-addressed, stamped would be affected by this proposed AD, The Proposed Amendment postcard on which the following and that it would take approximately 12 statement is made: ‘‘Comments to work hours per airplane to accomplish Accordingly, pursuant to the Docket Number 99–NM–232–AD.’’ The the proposed replacement, at an average authority delegated to me by the postcard will be date stamped and labor rate of $60 per work hour. Administrator, the Federal Aviation returned to the commenter. Required parts would cost Administration proposes to amend part approximately $15,938 per airplane. 39 of the Federal Aviation Regulations Availability of NPRMs Based on these figures, the cost impact (14 CFR part 39) as follows: Any person may obtain a copy of this of the proposed AD on U.S. operators is NPRM by submitting a request to the estimated to be $682,978, or $16,658 per PART 39ÐAIRWORTHINESS FAA, Transport Airplane Directorate, airplane. DIRECTIVES ANM–114, Attention: Rules Docket No. Currently, there are no Model 777– 99–NM–232–AD, 1601 Lind Avenue, 300 airplanes on the U.S. Register that 1. The authority citation for part 39 SW., Renton, Washington 98055–4056. would be affected by this AD. However, continues to read as follows: should an unmodified airplane be Authority: 49 U.S.C. 106(g), 40113, 44701. Discussion imported and placed on the U.S. The FAA has received a report from Register in the future, it would take § 39.13 [Amended] Boeing indicating that, under ultimate approximately 17 work hours per 2. Section 39.13 is amended by load conditions on certain Boeing airplane to accomplish the actions adding the following new airworthiness Model 777 series airplanes, the proposed by this AD, at an average labor directive: aluminum clevis ends on the tie rods rate of $60 per work hour. Required Boeing: Docket 99–NM–232–AD. that attach the center stowage bin parts would cost approximately $18,457 support structure to the airplane per airplane. Based on these figures, the Applicability: Model 777 series airplanes, line numbers 2 through 103 inclusive, 105 structure can break. Such breakage has cost impact of the proposed AD on these through 119 inclusive, and 121 through 187 been attributed to the material of which airplanes is estimated to be $19,477 per inclusive; certificated in any category. the clevis ends are made (aluminum). airplane. This condition, if not corrected, could The cost impact figures discussed Note 1: This AD applies to each airplane identified in the preceding applicability result in misalignment of the center above are based on assumptions that no provision, regardless of whether it has been stowage bins. Multiple broken tie rods operator has yet accomplished any of modified, altered, or repaired in the area could allow the center stowage bins to the proposed requirements of this AD subject to the requirements of this AD. For drop onto the passenger seats below, action, and that no operator would airplanes that have been modified, altered, or causing possible injury to the accomplish those actions in the future if repaired so that the performance of the occupants. this AD were not adopted. requirements of this AD is affected, the owner/operator must request approval for an Explanation of Relevant Service Regulatory Impact alternative method of compliance in Information The regulations proposed herein accordance with paragraph (b) of this AD. The FAA has reviewed and approved would not have substantial direct effects The request should include an assessment of Boeing Service Bulletin 777–25–0120, on the States, on the relationship the effect of the modification, alteration, or dated , 1999, which between the national government and repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not describes procedures for replacement of the States, or on the distribution of been eliminated, the request should include the aluminum clevis ends on affected tie power and responsibilities among the specific proposed actions to address it. various levels of government. Therefore, rods (81 locations on 777–200 airplanes, Compliance: Required as indicated, unless 115 locations on 777–300 airplanes) in accordance with Executive Order accomplished previously. with new steel clevis ends. The steel 12612, it is determined that this To prevent broken tie rods, which could clevis ends are stronger than the proposal would not have sufficient result in the center stowage bins dropping aluminum clevis ends and will not federalism implications to warrant the onto the passenger seats below, causing break under ultimate load conditions. preparation of a Federalism Assessment. possible injury to the occupants, accomplish Accomplishment of the actions For the reasons discussed above, I the following: specified in the service bulletin is certify that this proposed regulation (1) (a) Within 4 years after the effective date intended to adequately address the is not a ‘‘significant regulatory action’’ of this AD, replace the aluminum clevis ends identified unsafe condition. under Executive Order 12866; (2) is not on the tie rods for the center stowage bin a ‘‘significant rule’’ under the DOT supports with new steel clevis ends, in Explanation of Requirements of Regulatory Policies and Procedures (44 accordance with the Accomplishment Proposed Rule Instructions of Boeing Service Bulletin 777– FR 11034, February 26, 1979); and (3) if 25–0120, dated February 11, 1999. Since an unsafe condition has been promulgated, will not have a significant identified that is likely to exist or economic impact, positive or negative, Alternative Methods of Compliance develop on other products of this same on a substantial number of small entities (b) An alternative method of compliance or type design, the proposed AD would under the criteria of the Regulatory adjustment of the compliance time that require accomplishment of the actions Flexibility Act. A copy of the draft provides an acceptable level of safety may be specified in the service bulletin regulatory evaluation prepared for this used if approved by the Manager, Seattle described previously. action is contained in the Rules Docket. Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators A copy of it may be obtained by Cost Impact shall submit their requests through an contacting the Rules Docket at the There are approximately 184 appropriate FAA Principal Maintenance location provided under the caption Inspector, who may add comments and then airplanes (168 Model 777–200 and 16 ADDRESSES. send it to the Manager, Seattle ACO. Model 777–300) of the affected design List of Subjects in 14 CFR Part 39 Note 2: Information concerning the in the worldwide fleet. The FAA existence of approved alternative methods of estimates that 41 airplanes of U.S. Air transportation, Aircraft, Aviation compliance with this AD, if any, may be registry, all Model 777–200 airplanes, safety, Safety. obtained from the Seattle ACO.

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Special Flight Permits Bellonte, 31707 Blagnac Cedex, France. failure of the RAT to rotate when (c) Special flight permits may be issued in This information may be examined at necessary, due to maladjustment of the accordance with §§ 21.197 and 21.199 of the the FAA, Transport Airplane locking rod. The requirements of that Federal Aviation Regulations (14 CFR 21.197 Directorate, 1601 Lind Avenue, SW., AD are intended to ensure the and 21.199) to operate the airplane to a Renton, Washington. availability of the RAT in case of need. location where the requirements of this AD FOR FURTHER INFORMATION CONTACT: can be accomplished. Explanation of Relevant Service Norman B. Martenson, Manager, Information Issued in Renton, Washington, on October International Branch, ANM–116, FAA, 21, 1999. Transport Airplane Directorate, 1601 Since the issuance of AD 94–04–05, D.L. Riggin, Lind Avenue, SW., Renton, Washington Airbus Industrie has issued Airbus Acting Manager, Transport Airplane 98055–4056; telephone (425) 227–2110; Service Bulletin A300–29–0106, Directorate, Aircraft Certification Service. fax (425) 227–1149. Revision 02 (for Model A300 series airplanes); A310–29–2078, Revision 02 [FR Doc. 99–28076 Filed 10–26–99; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4910±13±U (for Model A310 series airplanes); and Comments Invited Airbus Service Bulletin A300–29–6039, Interested persons are invited to Revision 02 (for Model A300–600 series DEPARTMENT OF TRANSPORTATION participate in the making of the airplanes); all dated , 1999. proposed rule by submitting such These service bulletins describe Federal Aviation Administration written data, views, or arguments as procedures for modification of the RAT by installing a grease nipple and a 14 CFR Part 39 they may desire. Communications shall identify the Rules Docket number and scraper seal assembly, replacing the [Docket No. 99±NM±202±AD] be submitted in triplicate to the address locking rod spring with a stronger specified above. All communications spring, and re-identifying the RAT with RIN 2120±AA64 received on or before the closing date a new part number. Such modification for comments, specified above, will be would eliminate the need for the Airworthiness Directives; Airbus repetitive tests and checks specified in Industrie Model A300, A310, and A300± considered before taking action on the proposed rule. The proposals contained Airbus All Operator Telex (AOT) 29–09, 600 Series Airplanes Equipped with dated , 1993. Dowty Ram Air Turbines in this notice may be changed in light of the comments received. Accomplishment of the actions AGENCY: Federal Aviation Comments are specifically invited on specified in the applicable service Administration, DOT. the overall regulatory, economic, bulletin is intended to adequately address the identified unsafe condition. ACTION: Notice of proposed rulemaking environmental, and energy aspects of The Direction Ge´ne´rale de l’Aviation (NPRM). the proposed rule. All comments submitted will be available, both before Civile (DGAC) classified these service SUMMARY: This document proposes the and after the closing date for comments, bulletins as mandatory and issued supersedure of an existing airworthiness in the Rules Docket for examination by French airworthiness directive 98–448– directive (AD), applicable to certain interested persons. A report 262(B), dated , 1998, in Airbus Industrie Model A300, A310, summarizing each FAA-public contact order to assure the continued and A300–600 series airplanes, that concerned with the substance of this airworthiness of these airplanes in currently requires repetitive deployment proposal will be filed in the Rules France. tests of the ram air turbine (RAT) and Docket. FAA’s Conclusions checks of the adjustment of the locking Commenters wishing the FAA to rod. This action would require acknowledge receipt of their comments These airplane models are modification of the RAT, which would submitted in response to this notice manufactured in France and are type terminate the repetitive tests and must submit a self-addressed, stamped certificated for operation in the United checks. This proposal is prompted by postcard on which the following States under the provisions of § 21.29 of issuance of mandatory continuing statement is made: ‘‘Comments to the Federal Aviation Regulations (14 airworthiness information by a foreign Docket Number 99–NM–202–AD.’’ The CFR 21.29) and the applicable bilateral civil airworthiness authority. The postcard will be date stamped and airworthiness agreement. Pursuant to actions specified by the proposed AD returned to the commenter. this bilateral airworthiness agreement, the DGAC has kept the FAA informed are intended to ensure the availability of Availability of NPRMs the RAT in case of need. of the situation described above. The Any person may obtain a copy of this FAA has examined the findings of the DATES: Comments must be received by NPRM by submitting a request to the DGAC, reviewed all available November 26, 1999. FAA, Transport Airplane Directorate, information, and determined that AD ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. action is necessary for products of this triplicate to the Federal Aviation 99–NM–202–AD, 1601 Lind Avenue, type design that are certificated for Administration (FAA), Transport SW., Renton, Washington 98055–4056. operation in the United States. Airplane Directorate, ANM–114, Attention: Rules Docket No. 99–NM– Discussion Explanation of Requirements of 202–AD, 1601 Lind Avenue, SW., On , 1994, the FAA issued Proposed Rule Renton, Washington 98055–4056. AD 94–04–05, amendment 39–8823 (59 Since an unsafe condition has been Comments may be inspected at this FR 7208, , 1994), applicable identified that is likely to exist or location between 9:00 a.m. and 3:00 to certain Airbus Industrie Model A300, develop on other airplanes of the same p.m., Monday through Friday, except A310, and A300–600 series airplanes, to type design registered in the United Federal holidays. require repetitive deployment tests of States, the proposed AD would The service information referenced in the ram air turbine (RAT) and checks of supersede AD 94–04–05 to continue to the proposed rule may be obtained from the adjustment of the locking rod. That require repetitive deployment tests of Airbus Industrie, 1 Rond Point Maurice action was prompted by reports of the ram air turbine (RAT) and checks of

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57797 the adjustment of the locking rod until a ‘‘significant rule’’ under the DOT been eliminated, the request should include accomplishment of the actions specified Regulatory Policies and Procedures (44 specific proposed actions to address it. in the service bulletins described FR 11034, February 26, 1979); and (3) If Compliance: Required as indicated, unless previously. promulgated, will not have a significant accomplished previously. economic impact, positive or negative, To ensure the availability of the RAT in Explanation of Changes Made to on a substantial number of small entities case of need, accomplish the following: Applicability under the criteria of the Regulatory Restatement of Requirements of AD 94–04– The applicability of this proposed AD Flexibility Act. A copy of the draft 05 is different from AD 94–04–05. Two regulatory evaluation prepared for this Repetitive Tests and Checks RAT part numbers were incorrectly action is contained in the Rules Docket. identified in the applicability of that A copy of it may be obtained by (a) Within 60 days after , 1994 (the effective date of AD 94–04–05, amendment AD: RAT 16C 116 VG and RAT 16C 117 contacting the Rules Docket at the VG. Those part numbers identify RAT’s 39–8823), or 500 hours time-in-service after location provided under the caption March 2, 1994, whichever occurs first, that have already incorporated the ADDRESSES. perform a deployment test of the RAT and modifications that would be required by List of Subjects in 14 CFR Part 39 check the adjustment of the locking rod, in this proposed AD; therefore, they have accordance with Airbus All Operator Telex been removed from the applicability. Air transportation, Aircraft, Aviation (AOT) 29–09, dated November 16, 1993. Cost Impact safety, Safety. Repeat the deployment test and adjustment check thereafter at intervals not to exceed 10 There are approximately 126 The Proposed Amendment months. airplanes of U.S. registry that would be Accordingly, pursuant to the (1) If no discrepancy is found, prior to affected by this proposed AD. authority delegated to me by the further flight, apply grease to the RAT leg at The repetitive tests and checks that Administrator, the Federal Aviation the entry and exit positions of the locking rod spring housing, in accordance with the AOT. were previously required by AD 94–04– Administration proposes to amend part (2) If any discrepancy is found, prior to 05, and retained in this proposed AD, 39 of the Federal Aviation Regulations take approximately 2 work hours per further flight, correct it and apply grease to (14 CFR part 39) as follows: the RAT leg at the entry and exit positions airplane to accomplish, at an average of the locking rod spring housing, in labor rate of $60 per work hour. Based PART 39ÐAIRWORTHINESS accordance with the AOT. on these figures, the cost impact of this DIRECTIVES requirement of this proposed AD on New Requirements of this AD U.S. operators is estimated to be 1. The authority citation for part 39 (b) Within 49 months after the effective $15,120, or $120 per airplane, per test/ continues to read as follows: date of this AD, modify the RAT by installing check cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. a grease nipple and a scraper seal assembly, The new modification that is replacing the locking rod spring with a proposed in this AD action would take § 39.13 [Amended] stronger spring, and re-identifying the RAT approximately 6 work hours per 2. Section 39.13 is amended by with a new part number; in accordance with Airbus Service Bulletin A300–29–0106, airplane to accomplish, at an average removing amendment 39–8823 (59 FR 7208, February 15, 1994), and by adding Revision 02 (for Model A300 series labor rate of $60 per work hour. airplanes); A310–29–2078, Revision 02 (for Required parts would cost a new airworthiness directive (AD), to Model A310 series airplanes); or Airbus approximately $3,995 per airplane. read as follows: Service Bulletin A300–29–6039, Revision 02 Based on these figures, the cost impact Airbus Industrie: Docket 99–NM–202–AD. (for Model A300–600 series airplanes); all of the proposed requirements of this AD Supersedes AD 94–04–05, Amendment dated January 26, 1999; as applicable. on U.S. operators is estimated to be 39–8823. Accomplishment of the modification $548,730, or $4,355 per airplane. Applicability: Model A300, A310, and constitutes terminating action for the The cost impact figures discussed A300–600 series airplanes; certificated in any repetitive tests and checks required by above are based on assumptions that no category; equipped with Dowty ram air paragraph (a) of this AD. operator has yet accomplished any of turbines (RAT) having the following part Note 2: The service bulletins refer to the current or proposed requirements of numbers: Sundstrand Service Bulletin ERPS26T–29–1 this AD action, and that no operator RAT 16C 100 VG for modification instructions and new part numbers. would accomplish those actions in the RAT 16C 101 VG future if this AD were not adopted. RAT 16C 102 VG Note 3: Accomplishment of the actions RAT 16C 103 VG specified in Airbus Service Bulletin A300– Regulatory Impact RAT 16C 104 VG 29–0106, Revision 01; A310–29–2078, RAT 16C 105 VG Revision 01; or Airbus Service Bulletin The regulations proposed herein RAT 16C 109 VG A300–29–6039, Revision 01; all dated would not have substantial direct effects RAT 16C 110 VG , 1997; as applicable; is on the States, on the relationship Note 1: This AD applies to each airplane acceptable for compliance with the actions between the national government and identified in the preceding applicability required by paragraph (b) of this AD. the States, or on the distribution of provision, regardless of whether it has been Spares power and responsibilities among the modified, altered, or repaired in the area various levels of government. Therefore, subject to the requirements of this AD. For (c) As of the effective date of this AD, no in accordance with Executive Order airplanes that have been modified, altered, or person shall install a RAT having the 12612, it is determined that this repaired so that the performance of the following part numbers on any airplane: proposal would not have sufficient requirements of this AD is affected, the RAT 16C 100 VG federalism implications to warrant the owner/operator must request approval for an RAT 16C 101 VG alternative method of compliance in RAT 16C 102 VG preparation of a Federalism Assessment. accordance with paragraph (d)(1) of this AD. RAT 16C 103 VG For the reasons discussed above, I The request should include an assessment of RAT 16C 104 VG certify that this proposed regulation (1) the effect of the modification, alteration, or RAT 16C 105 VG Is not a ‘‘significant regulatory action’’ repair on the unsafe condition addressed by RAT 16C 109 VG under Executive Order 12866; (2) Is not this AD; and, if the unsafe condition has not RAT 16C 110 VG

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Alternative Methods of Compliance repositioning a fuel line, as applicable. environmental, and energy aspects of (d)(1) An alternative method of compliance For certain other airplanes, this the proposed rule. All comments or adjustment of the compliance time that proposal would require a general visual submitted will be available, both before provides an acceptable level of safety may be inspection to determine the routing of and after the closing date for comments, used if approved by the Manager, certain hydraulic and fuel lines, and in the Rules Docket for examination by International Branch, ANM–116, FAA, repair, if necessary. This proposal is interested persons. A report Transport Airplane Directorate. Operators prompted by issuance of mandatory summarizing each FAA-public contact shall submit their requests through an concerned with the substance of this appropriate FAA Principal Maintenance continuing airworthiness information by Inspector, who may add comments and then a foreign civil airworthiness authority. proposal will be filed in the Rules send it to the Manager, International Branch, The actions specified by the proposed Docket. ANM–116. AD are intended to prevent damage to Commenters wishing the FAA to (2) Alternative methods of compliance, hydraulic and fuel lines resulting from acknowledge receipt of their comments approved previously in accordance with AD failure of an MLG, which could cause a submitted in response to this notice 94–04–05, amendment 39–8823, are fire in the MLG wheel well. must submit a self-addressed, stamped approved as alternative methods of DATES: Comments must be received by postcard on which the following compliance with paragraph (a) of this AD. November 26, 1999. statement is made: ‘‘Comments to Note 4: Information concerning the Docket Number 99–NM–166–AD.’’ The existence of approved alternative methods of ADDRESSES: Submit comments in triplicate to the Federal Aviation postcard will be date stamped and compliance with this AD, if any, may be returned to the commenter. obtained from the International Branch, Administration (FAA), Transport ANM–116. Airplane Directorate, ANM–114, Availability of NPRMs Attention: Rules Docket No. 99–NM– Special Flight Permits Any person may obtain a copy of this 166-AD, 1601 Lind Avenue, SW., (e) Special flight permits may be issued in NPRM by submitting a request to the Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, accordance with §§ 21.197 and 21.199 of the Comments may be inspected at this Federal Aviation Regulations (14 CFR 21.197 ANM–114, Attention: Rules Docket No. and 21.199) to operate the airplane to a location between 9:00 a.m. and 3:00 99–NM–166–AD, 1601 Lind Avenue, location where the requirements of this AD p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. can be accomplished. Federal holidays. Note 5: The subject of this AD is addressed The service information referenced in Discussion in French airworthiness directive 98–448– the proposed rule may be obtained from Transport Canada Civil Aviation 262(B), dated November 18, 1998. Bombardier, Inc., Canadair, Aerospace (TCCA), which is the airworthiness D.L. Riggin, Group, P.O. Box 6087, Station Centre- authority for Canada, notified the FAA Acting Manager, Transport Airplane ville, Montreal, Quebec H3C 3G9, that an unsafe condition may exist on Directorate, Aircraft Certification Service. Canada. This information may be certain Bombardier Model CL–600– [FR Doc. 99–28081 Filed 10–26–99; 8:45 am] examined at the FAA, Transport 1A11 (CL–600), CL–600–2A12 (CL–601), Airplane Directorate, 1601 Lind BILLING CODE 4910±13±U and CL–600–2B16 (CL–601–3A, CL– Avenue, SW., Renton, Washington; or at 601–3R, and CL–604) series airplanes. the FAA, Engine and Propeller TCCA advises that a hard landing DEPARTMENT OF TRANSPORTATION Directorate, New York Aircraft during touch-and-go training resulted in Certification Office, 10 Fifth Street, an in-flight separation of a main landing Federal Aviation Administration Third Floor, Valley Stream, New York. gear (MLG) from a Model CL–600–2A12 FOR FURTHER INFORMATION CONTACT: (CL–601) series airplane. This 14 CFR Part 39 James E. Delisio, Aerospace Engineer, separation caused the rupture of [Docket No. 99±NM±166±AD] Airframe and Propulsion Branch, ANE– hydraulic and fuel lines in the main 171, FAA, Engine and Propeller RIN 2120±AA64 wheel well area, which resulted in an Directorate, New York Aircraft in-flight fire. Investigation revealed that Airworthiness Directives; Bombardier Certification Office, 10 Fifth Street, certain hydraulic and fuel lines are Model CL±600±1A11 (CL±600), CL± Third Floor, Valley Stream, New York located such that separation of an MLG 600±2A12 (CL±601), and CL±600±2B16 11581; telephone (516) 256–7521; fax could cause damage to these hydraulic (CL±601±3A, CL±601±3R, and CL±604) (516) 568–2716. and fuel lines. This condition, if not Series Airplanes SUPPLEMENTARY INFORMATION: corrected, could result in a fire in the MLG wheel well. AGENCY: Federal Aviation Comments Invited Administration, DOT. Interested persons are invited to Explanation of Relevant Service Information ACTION: Notice of proposed rulemaking participate in the making of the (NPRM). proposed rule by submitting such Bombardier has issued Service written data, views, or arguments as Bulletin 600–0671, dated August 4, SUMMARY: This document proposes the they may desire. Communications shall 1997 [for Model CL–600–1A11 (CL–600) adoption of a new airworthiness identify the Rules Docket number and series airplanes], which describes directive (AD) that is applicable to be submitted in triplicate to the address procedures for removing the five certain Bombardier Model CL–600– specified above. All communications existing hydraulic tube assemblies from 1A11 (CL–600), CL–600–2A12 (CL–601), received on or before the closing date the main landing gear bay, installing six and CL–600–2B16 (CL–601–3A, CL– for comments, specified above, will be new re-routed hydraulic tube 601–3R, and CL–604) series airplanes. considered before taking action on the assemblies, and repositioning of a fuel For certain airplanes, this proposal proposed rule. The proposals contained line. would require removing the hydraulic in this notice may be changed in light Bombardier also has issued Service tube assemblies from the main landing of the comments received. Bulletin No. 601–0482, dated , gear (MLG) bay, installing new re-routed Comments are specifically invited on 1997, [Model CL–600–2A12 (CL–601) hydraulic tube assemblies, and the overall regulatory, economic, and CL–600–2B16 (CL–601–3A and

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–3R)], which describes procedures for Cost Impact List of Subjects in 14 CFR Part 39 removing five existing hydraulic tube The FAA estimates that 249 airplanes Air transportation, Aircraft, Aviation assemblies from the main landing gear safety, Safety. bay and replacing them with six new re- of U.S. registry would be affected by this routed assemblies. proposed AD. The Proposed Amendment Bombardier also has issued Service The FAA estimates that 231 Model Accordingly, pursuant to the Bulletin 604–29–001, dated December CL–600–1A11 (CL–600), CL–600–2A12 authority delegated to me by the 20, 1996 [for Model CL–600–2B16 (CL– (CL–601), and CL–600–2B16 (CL–601– Administrator, the Federal Aviation 604) series airplanes], which describes 3A and –3R) series airplanes would be Administration proposes to amend part procedures for performing a general affected by this proposed AD, that it 39 of the Federal Aviation Regulations would take approximately 20 work visual inspection of the routing of the (14 CFR part 39) as follows: hours per airplane to accomplish the hydraulic lines in the main landing gear proposed actions, and that the average PART 39ÐAIRWORTHINESS bay, and contacting the manufacturer for labor rate is $60 per work hour. Based DIRECTIVES modification instructions, if necessary. on these figures, the cost impact of the Accomplishment of the actions 1. The authority citation for part 39 proposed AD on U.S. operators of these continues to read as follows: specified in the service bulletins is airplanes is estimated to be $277,200, or intended to adequately address the $1,200 per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. identified unsafe condition. TCCA The FAA estimates that 18 Model CL– § 39.13 [Amended] classified these service bulletins as 600–2B16 (CL–604) series airplanes 2. Section 39.13 is amended by mandatory and issued Canadian would be affected by this proposed AD, adding the following new airworthiness airworthiness directive CF–99–14, dated that it would take approximately 1 work directive: May 7, 1999, in order to assure the hour per airplane to accomplish the Bombardier, Inc. (Formerly Canadair): continued airworthiness of these proposed inspection. Based on these airplanes in Canada. Docket 99–NM–166–AD. figures, the cost impact of the proposed Applicability: Model CL–600–1A11 (CL– FAA’s Conclusions AD on U.S. operators of these airplanes 600) series airplanes, serial numbers 1004 is estimated to be $1,080, or $60 per through 1085 inclusive; Model CL–600–2A12 These airplane models are airplane. (CL–601) series airplanes, serial numbers manufactured in Canada and are type The cost impact figures discussed 3001 through 3066 inclusive; Model CL–600– certificated for operation in the United 2B16 (CL–601–3A, CL–601–3R, and CL–604) above are based on assumptions that no series airplanes, serial numbers 5001 through States under the provisions of § 21.29 of operator has yet accomplished any of the Federal Aviation Regulations (14 5194 inclusive, and 5301 through 5317 the proposed requirements of this AD inclusive; certificated in any category. CFR 21.29) and the applicable bilateral action, and that no operator would airworthiness agreement. Pursuant to Note 1: This AD applies to each airplane accomplish those actions in the future if identified in the preceding applicability this bilateral airworthiness agreement, this AD were not adopted. provision, regardless of whether it has been TCCA has kept the FAA informed of the modified, altered, or repaired in the area situation described above. The FAA has Regulatory Impact subject to the requirements of this AD. For examined the findings of TCCA, airplanes that have been modified, altered, or The regulations proposed herein reviewed all available information, and repaired so that the performance of the would not have substantial direct effects determined that AD action is necessary requirements of this AD is affected, the on the States, on the relationship for products of this type design that are owner/operator must request approval for an between the national government and certificated for operation in the United alternative method of compliance in the States, or on the distribution of accordance with paragraph (b) of this AD. States. power and responsibilities among the The request should include an assessment of Explanation of Requirements of various levels of government. Therefore, the effect of the modification, alteration, or Proposed Rule in accordance with Executive Order repair on the unsafe condition addressed by 12612, it is determined that this this AD; and, if the unsafe condition has not Since an unsafe condition has been been eliminated, the request should include proposal would not have sufficient specific proposed actions to address it. identified that is likely to exist or federalism implications to warrant the Compliance: Required as indicated, unless develop on other airplanes of the same preparation of a Federalism Assessment. type design registered in the United accomplished previously. For the reasons discussed above, I To prevent damage to hydraulic and fuel States, the proposed AD would require certify that this proposed regulation (1) lines resulting from failure of a main landing accomplishment of the actions specified is not a ‘‘significant regulatory action’’ gear (MLG), which could cause a fire in the in the service bulletins described under Executive Order 12866; (2) is not MLG wheel well, accomplish the following: previously, except as discussed below. a ‘‘significant rule’’ under the DOT Inspection and Modification Differences Between Proposed Rule and Regulatory Policies and Procedures (44 (a) Within 300 landings or 12 months after Relevant Service Information FR 11034, February 26, 1979); and (3) if the effective date of this AD, whichever promulgated, will not have a significant occurs first, accomplish the actions in Operators should note that, although economic impact, positive or negative, paragraph (a)(1), (a)(2), or (a)(3) of this AD, Bombardier Service Bulletin 604–29– on a substantial number of small entities as applicable. 001, dated , 1996, specifies under the criteria of the Regulatory (1) For Model CL–600–1A11 (CL–600) that the manufacturer may be contacted Flexibility Act. A copy of the draft series airplanes: Remove the five existing for disposition of certain hydraulic and regulatory evaluation prepared for this hydraulic tube assemblies from the MLG bay, fuel line routing conditions, this install six new re-routed hydraulic tube action is contained in the Rules Docket. assemblies, and reposition a fuel line, in proposal would require the modification A copy of it may be obtained by accordance with Bombardier Service Bulletin of those conditions to be accomplished contacting the Rules Docket at the 600–0671, dated August 4, 1997. in accordance with a method approved location provided under the caption (2) For Model CL–600–2A12 (CL–601) and by the FAA. ADDRESSES. CL–600–2B16 (CL–601–3A and –3R) series

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57800 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules airplanes: Remove the five existing hydraulic DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue, SW., tube assemblies from the MLG bay, and Renton, Washington. install six new re-routed hydraulic tube Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: assemblies, in accordance with Bombardier Norman B. Martenson, Manager, Service Bulletin 601–0482, dated April 15, 14 CFR Part 39 International Branch, ANM–116, FAA, 1997. Transport Airplane Directorate, 1601 [Docket No. 99±NM±130±AD] (3) For Model CL–600–2B16 (CL–604) Lind Avenue, SW., Renton, Washington series airplanes: Perform a general visual RIN 2120±AA64 98055–4056; telephone (425) 227–2110; inspection of the routing of the hydraulic and fax (425) 227–1149. fuel lines in the MLG bay in accordance with Airworthiness Directives; Airbus Model SUPPLEMENTARY INFORMATION: Bombardier Service Bulletin 604–29–001, A300 B4±600R and A300 F4±600R dated December 20, 1996. Comments Invited Series Airplanes Note 2: For the purposes of this AD, a Interested persons are invited to general visual inspection is defined as: ‘‘A AGENCY: Federal Aviation participate in the making of the visual examination of an interior or exterior Administration, DOT. proposed rule by submitting such area, installation, or assembly to detect ACTION: Notice of proposed rulemaking written data, views, or arguments as obvious damage, failure, or irregularity. This (NPRM). they may desire. Communications shall level of inspection is made under normally identify the Rules Docket number and available lighting conditions such as SUMMARY: This document proposes the be submitted in triplicate to the address daylight, hangar lighting, flashlight, or drop- supersedure of an existing airworthiness specified above. All communications light, and may require removal or opening of directive (AD), applicable to all Airbus received on or before the closing date access panels or doors. Stands, ladders, or Model A300 B4–600R and A300 F4– for comments, specified above, will be platforms may be required to gain proximity 600R series airplanes, that currently considered before taking action on the to the area being checked.’’ requires a one-time visual inspection for proposed rule. (i) If all hydraulic lines are routed in damage of the center tank fuel pumps The proposals contained in this notice accordance with the service bulletin, no and fuel pump canisters, and may be changed in light of the further action is required by this paragraph. replacement of damaged fuel pumps comments received. (ii) If any hydraulic line is not routed in and fuel pump canisters with new or Comments are specifically invited on accordance with the service bulletin, prior to serviceable parts. This action also the overall regulatory, economic, further flight, repair in accordance with a would require repetitive visual environmental, and energy aspects of method approved by the Manager, New York inspections of the fuel pumps and the proposed rule. All comments Aircraft Certification Office (ACO), FAA, repetitive eddy current inspections of submitted will be available, both before Engine and Propeller Directorate. the fuel pump canisters, and and after the closing date for comments, in the Rules Docket for examination by Alternative Methods of Compliance replacement of damaged fuel pumps and fuel pump canisters with new or interested persons. A report (b) An alternative method of compliance or serviceable parts. This action also summarizing each FAA-public contact adjustment of the compliance time that would reduce the applicability to concerned with the substance of this provides an acceptable level of safety may be include only those airplanes that have a proposal will be filed in the Rules used if approved by the Manager, New York trim tank system installed. This Docket. ACO. Operators shall submit their requests proposal is prompted by issuance of Commenters wishing the FAA to through an appropriate FAA Principal mandatory continuing airworthiness acknowledge receipt of their comments Maintenance Inspector, who may add information by a foreign civil submitted in response to this notice comments and then send it to the Manager, airworthiness authority. The actions must submit a self-addressed, stamped New York ACO. specified by the proposed AD are postcard on which the following Note 3: Information concerning the intended to detect damage to the fuel statement is made: ‘‘Comments to existence of approved alternative methods of pump and fuel pump canister, which Docket Number 99–NM–130–AD.’’ The compliance with this AD, if any, may be could result in loss of flame trap postcard will be date stamped and obtained from the New York ACO. capability and could provide a fuel returned to the commenter. Special Flight Permits ignition source in the center fuel tank. Availability of NPRMs (c) Special flight permits may be issued in DATES: Comments must be received by Any person may obtain a copy of this accordance with §§ 21.197 and 21.199 of the November 26, 1999. NPRM by submitting a request to the Federal Aviation Regulations (14 CFR 21.197 ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, and 21.199) to operate the airplane to a triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. location where the requirements of this AD Administration (FAA), Transport 99–NM–130–AD, 1601 Lind Avenue, can be accomplished. Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. Note 4: The subject of this AD is addressed Attention: Rules Docket No. 99–NM– in Canadian airworthiness directive CF–99– 130–AD, 1601 Lind Avenue, SW., Discussion 14, dated May 7, 1999. Renton, Washington 98055–4056. On , 1998, the FAA Issued in Renton, Washington, on October Comments may be inspected at this issued AD 98–25–53, amendment 39– 21, 1999. location between 9:00 a.m. and 3:00 10956 (63 FR 70639, , D.L. Riggin, p.m., Monday through Friday, except 1998), applicable to all Airbus Model Federal holidays. A300 B4–600R and A300 F4–600R Acting Manager, Transport Airplane The service information referenced in series airplanes, to require a one-time Directorate, Aircraft Certification Service. the proposed rule may be obtained from visual inspection for damage of the [FR Doc. 99–28082 Filed 10–26–99; 8:45 am] Airbus Industrie, 1 Rond Point Maurice center tank fuel pumps and fuel pump BILLING CODE 4910±13±U Bellonte, 31707 Blagnac Cedex, France. canisters, and replacement of damaged This information may be examined at fuel pumps and fuel pump canisters the FAA, Transport Airplane with new or serviceable parts. That

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Therefore, pump and fuel pump canister, which Since an unsafe condition has been in accordance with Executive Order could result in loss of flame trap identified that is likely to exist or 12612, it is determined that this capability and could provide a fuel develop on other airplanes of the same proposal would not have sufficient ignition source in the center fuel tank. type design registered in the United federalism implications to warrant the States, the proposed AD would preparation of a Federalism Assessment. Actions Since Issuance of Previous Rule supersede AD 98–25–53 to continue to For the reasons discussed above, I Since the issuance of that AD, require a one-time visual inspection for certify that this proposed regulation (1) airplane inspections have revealed damage of the center tank fuel pumps is not a ‘‘significant regulatory action’’ additional cases of damaged center tank and fuel pump canisters, and under Executive Order 12866; (2) is not fuel pump canisters and pumps. The replacement of damaged fuel pumps a ‘‘significant rule’’ under the DOT purpose of this proposed AD is to and fuel pump canisters with new or Regulatory Policies and Procedures (44 render mandatory a program of serviceable parts. The proposed AD also FR 11034, February 26, 1979); and (3) if repetitive inspections in order to avoid would require repetitive visual promulgated, will not have a significant the existence of ignition sources in the inspections of the fuel pumps and economic impact, positive or negative, center tank caused by damage to the repetitive eddy current inspections of on a substantial number of small entities center tank fuel pump canisters and the fuel pump canisters, and under the criteria of the Regulatory pumps. replacement of damaged fuel pumps Flexibility Act. A copy of the draft In the preamble to AD 98–25–53, the and fuel pump canisters with new or regulatory evaluation prepared for this FAA indicated that the actions required serviceable parts. action is contained in the Rules Docket. by that AD were considered ‘‘interim Reduced Applicability of the NPRM A copy of it may be obtained by action’’ and that further rulemaking contacting the Rules Docket at the The proposed AD would remove action was being considered. The FAA location provided under the caption airplanes from the applicability of AD now has determined that further ADDRESSES. 98–25–53 to include only those rulemaking action is indeed necessary, airplanes that have a trim tank installed. List of Subjects in 14 CFR Part 39 and this proposed AD follows from that This revised applicability corresponds determination. Air transportation, Aircraft, Aviation to the applicability specified in the safety, Safety. Explanation of Relevant Service French airworthiness directive. Information The Proposed Amendment Cost Impact Accordingly, pursuant to the Airbus has issued Alert Service There are approximately 67 airplanes authority delegated to me by the Bulletin A300–28A6061, dated February of U.S. registry that would be affected Administrator, the Federal Aviation 19, 1999, which describes procedures by this proposed AD. Administration proposes to amend part for repetitive visual inspections of the The inspection that is currently 39 of the Federal Aviation Regulations fuel pumps and repetitive eddy current required by AD 98–25–53, and retained (14 CFR part 39) as follows: inspections of the fuel pump canisters, in this proposed AD, takes and replacement of damaged fuel approximately 2 work hours per PART 39ÐAIRWORTHINESS pumps and fuel pump canisters with airplane to accomplish, at an average DIRECTIVES new or serviceable parts. The Direction labor rate of $60 per work hour. Based Ge`ne`rale de l’Aviation Civile (DGAC), 1. The authority citation for part 39 on these figures, the cost impact of the continues to read as follows: which is the airworthiness authority for currently required actions on U.S. France, classified this alert service operators is estimated to be $120 per Authority: 49 U.S.C. 106(g), 40113, 44701. bulletin as mandatory and issued airplane. French airworthiness directive 1999– The new inspections that are § 39.13 [Amended] 149–280(B), dated , 1999, in proposed in this AD action would take 2. Section 39.13 is amended by order to assure the continued approximately 2 work hours per removing amendment 39–10956 (63 FR airworthiness of these airplanes in airplane to accomplish, at an average 70639, December 22, 1998), and by France. labor rate of $60 per work hour. Based adding a new airworthiness directive FAA’s Conclusions on these figures, the cost impact of this (AD), to read as follows: proposed requirement of this AD on Airbus Industrie: Docket 99-NM–130-AD. These airplane models are U.S. operators is estimated to be $8,040, Supersedes AD 98–25–53, Amendment manufactured in France and are type or $120 per airplane, per inspection 39–10956. certificated for operation in the United cycle. Applicability: Model A300 B4–600R and States under the provisions of § 21.29 of The cost impact figures discussed A300 F4–600R series airplanes, on which the Federal Aviation Regulations (14 above are based on assumptions that no Airbus Modification 4801 (trim tank system) CFR 21.29) and the applicable bilateral operator has yet accomplished any of has been accomplished; certificated in any airworthiness agreement. Pursuant to the current or proposed requirements of category. this bilateral airworthiness agreement, this AD action, and that no operator Note 1: This AD applies to each airplane the DGAC has kept the FAA informed identified in the preceding applicability would accomplish those actions in the provision, regardless of whether it has been of the situation described above. The future if this AD were not adopted. otherwise modified, altered, or repaired in FAA has examined the findings of the Regulatory Impact the area subject to the requirements of this DGAC, reviewed all available AD. For airplanes that have been modified, information, and determined that AD The regulations proposed herein altered, or repaired so that the performance action is necessary for products of this would not have substantial direct effects of the requirements of this AD is affected, the

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57802 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules owner/operator must request approval for an 1,500 flight cycles after the effective date of system, and corrective actions, if alternative method of compliance in this AD, whichever occurs later. necessary. This proposal would also accordance with paragraph (d) of this AD. (c) If any damage is detected during any require installation of a thrust reverser The request should include an assessment of inspection required by this AD, prior to actuation system (TRAS) lock, repetitive the effect of the modification, alteration, or further flight, replace the damaged fuel pump repair on the unsafe condition addressed by or fuel pump canister with a new or functional tests of that installation, and this AD; and, if the unsafe condition has not serviceable part in accordance with Airbus repair, if necessary. Installation of the been eliminated, the request should include Alert Service Bulletin A300–28A6061, dated TRAS lock would terminate the specific proposed actions to address it. , 1999. repetitive inspections and certain tests. Compliance: Required as indicated, unless This proposal is prompted by the results Alternative Methods of Compliance accomplished previously. of a safety review, which revealed that To detect damage to the fuel pump and (d) An alternative method of compliance or in-flight deployment of a thrust reverser fuel pump canister, which could result in adjustment of the compliance time that could result in a significant reduction in loss of flame trap capability and could provides an acceptable level of safety may be provide a fuel ignition source in the center used if approved by the Manager, airplane controllability. The actions fuel tank, accomplish the following: International Branch, ANM–116, FAA, specified by the proposed AD are Transport Airplane Directorate. Operators intended to ensure the integrity of the Inspections shall submit their requests through an fail-safe features of the thrust reverser (a) Prior to the accumulation of 5,000 total appropriate FAA Principal Maintenance system by preventing possible failure hours time-in-service, or within 250 hours Inspector, who may add comments and then modes, which could result in time-in-service after the effective date of this send it to the Manager, International Branch, inadvertent deployment of a thrust AD, whichever occurs later, perform a ANM–116. detailed visual inspection for damage of the reverser during flight, and consequent Note 3: Information concerning the center tank fuel pumps and fuel pump reduced controllability of the airplane. existence of approved alternative methods of canisters, in accordance with Airbus All compliance with this AD, if any, may be DATES: Comments must be received by Operators Telex (AOT) 28–09, dated obtained from the International Branch, December 13, 1999. , 1998. Repeat the inspection ANM–116. prior to the accumulation of 12,000 total ADDRESSES: Submit comments in hours time-in-service, or within 250 hours Special Flight Permits triplicate to the Federal Aviation time-in-service after accomplishment of the (e) Special flight permits may be issued in Administration (FAA), Transport initial inspection, whichever occurs later. accordance with §§ 21.197 and 21.199 of the Airplane Directorate, ANM–114, Thereafter, repeat the inspection at intervals Federal Aviation Regulations (14 CFR 21.197 Attention: Rules Docket No. 99–NM– not to exceed 250 hours time-in-service, until and 21.199) to operate the airplane to a 64–AD, 1601 Lind Avenue, SW., accomplishment of the initial inspection location where the requirements of this AD Renton, Washington 98055–4056. required by paragraph (b) of this AD. can be accomplished. Comments may be inspected at this Note 2: For the purposes of this AD, a Note 4: The subject of this AD is addressed location between 9:00 a.m. and 3:00 detailed visual inspection is defined as: ‘‘An in French airworthiness directive 1999–149– intensive visual examination of a specific p.m., Monday through Friday, except 280(B), dated April 7, 1999. structural area, system, installation, or Federal holidays. assembly to detect damage, failure, or Issued in Renton, Washington, on October The service information referenced in irregularity. Available lighting is normally 21, 1999. the proposed rule may be obtained from supplemented with a direct source of good N. B. Martenson, Boeing Commercial Airplane Group, lighting at intensity deemed appropriate by Acting Manager, Transport Airplane P.O. Box 3707, Seattle, Washington the inspector. Inspection aids such as mirror, Directorate, Aircraft Certification Service. 98124–2207. This information may be magnifying lenses, etc., may be used. Surface [FR Doc. 99–28083 Filed 10–26–99; 8:45 am] examined at the FAA, Transport cleaning and elaborate access procedures BILLING CODE 4910±13±P Airplane Directorate, 1601 Lind may be required.’’ (b) At the applicable time specified in Avenue, SW., Renton, Washington. paragraph (b)(1), (b)(2), or (b)(3) of this AD: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Perform a detailed visual inspection to detect Larry Reising, Aerospace Engineer, damage of the center tank fuel pumps and Federal Aviation Administration Propulsion Branch, ANM–140S, FAA, perform an eddy current inspection to detect Transport Airplane Directorate, Seattle damage of the fuel pump canisters, in Aircraft Certification Office, 1601 Lind accordance with Airbus Alert Service 14 CFR Part 39 Avenue, SW., Renton, Washington Bulletin A300–28A6061, dated February 19, [Docket No. 99±NM±64±AD] 1999. Repeat the inspections thereafter at 98055–4056; telephone (425) 227–2683; intervals not to exceed 1,500 flight cycles. RIN 2120±AA64 fax (425) 227–1181. Accomplishment of the initial inspections SUPPLEMENTARY INFORMATION: required by this paragraph constitutes Airworthiness Directives; Boeing terminating action for the requirements of Model 747 Series Airplanes Comments Invited paragraph (a) of this AD. (1) For airplanes that have accumulated AGENCY: Federal Aviation Interested persons are invited to 11,000 or more total flight cycles as of the Administration, DOT. participate in the making of the effective date of this AD: Inspect within 300 ACTION: Notice of proposed rulemaking proposed rule by submitting such flight cycles after the effective date of this (NPRM). written data, views, or arguments as AD. they may desire. Communications shall (2) For airplanes that have accumulated SUMMARY: This document proposes the identify the Rules Docket number and 8,500 or more total flight cycles, but fewer adoption of a new airworthiness be submitted in triplicate to the address than 11,000 total flight cycles, as of the directive (AD) that is applicable to specified above. All communications effective date of this AD: Inspect within 750 certain Boeing Model 747 series received on or before the closing date flight cycles after the effective date of this AD. airplanes equipped with General for comments, specified above, will be (3) For airplanes that have accumulated Electric Model CF6–45 or –50 series considered before taking action on the fewer than 8,500 total flight cycles as of the engines. This proposal would require proposed rule. The proposals contained effective date of this AD: Inspect prior to the repetitive inspections and tests of the in this notice may be changed in light accumulation of 7,000 flight cycles, or within thrust reverser control and indication of the comments received.

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Comments are specifically invited on priority was given to rulemaking that Accomplishment of the modification the overall regulatory, economic, required corrective actions for the twin- specified in Boeing Service Bulletin environmental, and energy aspects of engine airplane models. AD’s that 747–78–2150, Revision 1, and the the proposed rule. All comments correct the same type of unsafe repetitive functional tests specified in submitted will be available, both before condition as that addressed by this AD the maintenance manual are intended to and after the closing date for comments, have been previously issued for specific adequately address the identified unsafe in the Rules Docket for examination by airplanes within the Boeing Model 737, condition. interested persons. A report 757, and 767 series. The modification procedures summarizing each FAA-public contact Service experience has shown that in- described by Boeing Service Bulletin concerned with the substance of this flight thrust reverser deployments have 747–78–2150, dated , 1997, proposal will be filed in the Rules occurred on Model 747 airplanes in have been validated previously, and the Docket. certain flight conditions with no necessary changes have been Commenters wishing the FAA to significant airplane controllability incorporated into Revision 1 of the acknowledge receipt of their comments problems being reported. However, the service bulletin. The FAA has submitted in response to this notice manufacturer has been unable to determined that the procedures must submit a self-addressed, stamped establish that acceptable airplane described by Boeing Service Bulletin postcard on which the following controllability would be achieved 747–78–2150, Revision 1, and the statement is made: ‘‘Comments to throughout the operating envelope of numerous referenced service bulletins, Docket Number 99–NM–64–AD.’’ The the airplane following such a have been sufficiently validated to now postcard will be date stamped and deployment. Additionally, safety propose that this modification be returned to the commenter. analyses performed by the manufacturer required. Several airplanes have been and reviewed by the FAA, have been successfully modified in accordance Availability of NPRMs unable to establish that the risks for with the service bulletin, and this past Any person may obtain a copy of this uncommanded thrust reverser experience should minimize the NPRM by submitting a request to the deployment at critical flight conditions likelihood for subsequent service FAA, Transport Airplane Directorate, are acceptably low. bulletin revisions, requests for ANM–114, Attention: Rules Docket No. alternative methods of compliance, and Explanation of Relevant Service 99–NM–64–AD, 1601 Lind Avenue, superseding AD’s. SW., Renton, Washington 98055–4056. Information The FAA has reviewed and approved Explanation of Requirements of Discussion the following service bulletins: Proposed Rule On , 1991, a Boeing Model • Boeing Alert Service Bulletin 747– Since an unsafe condition has been 767–300ER series airplane was involved 78A2160, dated , 1995, including identified that is likely to exist or in an accident as a result of an Notice of Status Change 747–78A2160 develop on other products of this same uncommanded in-flight deployment of a NSC 1, dated , 1995, describes type design, the proposed AD would thrust reverser. Following that accident, procedures for repetitive inspections require repetitive inspections and tests a study was conducted to evaluate the and tests to verify proper operation of of the thrust reverser control and potential effects of an uncommanded the thrust reverser stow/deploy indication system, and corrective thrust reverser deployment throughout switches, the bullnose seals, the actions, if necessary. The proposed AD the flight regime of other Boeing airmotor brake, the overpressure shutoff would also require installation of a airplane models, including the Boeing valve electrical connectors, the flexible TRAS lock, repetitive functional tests of Model 747 series airplane equipped shafts, the directional pilot valve, and that installation, and repair, if with General Electric Model CF6–45 or the microswitch pack on each engine; necessary. Installation of the TRAS lock –50 series engines. The study included and repair, if necessary. would terminate the repetitive a re-evaluation of the thrust reverser • Boeing Service Bulletin 747–78– inspections and certain tests. control system fault analysis and 2150, Revision 1, dated , 1998, This proposed AD would also include airplane controllability. The results of describes procedures for installation of a provision for deactivation of one the evaluation revealed that, if not a thrust reverser actuation system thrust reverser in accordance with prevented, possible combinations of (TRAS) lock on each thrust reverser half Section 78–1 of Boeing Document D6– failures within the thrust reverser of each engine. This service bulletin 33391, ‘‘Boeing 747–100/–200/–300/SP control system may result in an in-flight specifies that prior or concurrent Dispatch Deviations Procedures Guide,’’ deployment of a thrust reverser and incorporation of Boeing Service Bulletin Revision 22, dated , 1998. No that, in the event of thrust reverser 747–78–2067, Boeing Service Bulletin more than one thrust reverser on any deployment during high-speed climb 747–78–2069, Boeing Service Bulletin airplane may be deactivated under the using high engine power, or during 747–78–2133, Middle River Aircraft provisions of this document. cruise, these airplanes may not be Systems CF6–50 Service Bulletin 78– controllable. 3011, and Middle River Aircraft Differences Between Proposed Rule and The FAA has prioritized the issuance Systems CF6–50 Service Bulletin 78– Service Bulletins of AD’s for corrective actions for the 3013, is necessary. Such installation The effectivity of Boeing Alert Service thrust reverser system on Boeing eliminates the need for the repetitive Bulletin 747–78A2160 identifies all airplane models following the 1991 inspections and tests described in Model 747–100 and –200 series accident. Based on service experience, Boeing Alert Service Bulletin 747– airplanes powered by General Electric analyses, and flight simulator studies, it 78A2160. Model CF6–45 or –50 series engines, was determined that an in-flight The FAA has also reviewed Chapter line numbers 232 through 886 inclusive; deployment of a thrust reverser has 78–34–00 of the Boeing 747 however, this proposed AD would apply more effect on controllability of twin- Maintenance Manual, dated , to all Model 747 series airplanes engine airplane models than of Model 1998, which describes procedures for powered by General Electric Model 747 series airplanes, which have four repetitive functional tests of the TRAS CF6–45 or –50 series engines. The FAA engines. For this reason, the highest lock. has been notified by the airplane

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57804 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules manufacturer that there are Model 747– accomplishment of the repetitive airplanes in its fleet, the FAA is unable 300 and 747SR series airplanes, and inspections and tests specified in to provide a reasonable estimate of the airplanes having line numbers lower paragraphs (a) and (b) of this AD or cost of accomplishing the terminating than 232, that are powered by Model installation of a spare thrust reverser actions described in the service CF6–45 or –50 series engines. assembly with a different configuration bulletins listed in paragraph I.K.1.h. of Operators should note that, although than that installed on the other engines Boeing Service Bulletin 747–78–2150. Boeing Alert Service Bulletin 747– of the airplane. As indicated earlier in this preamble, 78A2160 recommends accomplishing Cost Impact the FAA invites comments specifically the inspections and tests within 1,500 on the overall economic aspects of this flight hours or 4 months (after the There are approximately 138 proposed rule. Any data received via release of the service bulletin), the FAA airplanes of the affected design in the public comments to this proposed AD worldwide fleet. The FAA estimates that has determined that the recommended will aid the FAA in developing an 27 airplanes of U.S. registry would be interval would not address the accurate accounting of the cost impact affected by this proposed AD. identified unsafe condition in a timely of the rule. manner. In developing an appropriate It would take approximately 12 work compliance time for this AD, the FAA hours per airplane to accomplish the It would take approximately 4 work considered not only the manufacturer’s proposed inspections and tests of the hours per airplane to accomplish the recommendation, but the degree of thrust reverser stow/deploy switches, proposed functional test of the TRAS urgency associated with addressing the the bullnose seals, and the airmotor lock, at an average labor rate of $60 per subject unsafe condition, the average brakes, at an average labor rate of $60 work hour. Based on these figures, the utilization of the affected fleet, and the per work hour. Based on these figures, cost impact of the proposed repetitive time necessary to perform the the cost impact of the proposed functional tests on U.S. operators is inspection. In light of all of these repetitive inspections and tests on U.S. estimated to be $6,480, or $240 per factors, the FAA finds a 90-day operators is estimated to be $19,440, or airplane, per test cycle. compliance time for initiating the $720 per airplane, per inspection and The cost impact figures discussed inspections and tests of the thrust test cycle. above are based on assumptions that no It would take approximately 11 work reverser stow/deploy switches, the operator has yet accomplished any of hours per airplane to accomplish the bullnose seals, and the airmotor brakes; the proposed requirements of this AD proposed inspections and tests of the and a 6-month compliance time for action, and that no operator would initiating the inspections and tests of overpressure shutoff valve electrical connectors, the flexible shafts, the accomplish those actions in the future if the overpressure shutoff valve electrical this AD were not adopted. connectors, the flexible shafts, the directional pilot valves, and the directional pilot valves, and the microswitch packs, at an average labor Regulatory Impact microswitch packs; to be warranted, in rate of $60 per work hour. Based on that those times represent appropriate these figures, the cost impact of the The regulations proposed herein intervals of time allowable for affected proposed repetitive inspections and would not have substantial direct effects airplanes to continue to operate without tests on U.S. operators is estimated to be on the States, on the relationship compromising safety. $17,820, or $660 per airplane, per between the national government and Operators should also note that, inspection and test cycle. the States, or on the distribution of although Boeing Service Bulletin 747– It would take approximately 791 work power and responsibilities among the 78–2150, Revision 1, does not specify a hours per airplane to accomplish the various levels of government. Therefore, compliance time for accomplishment of proposed installation of TRAS locks, at in accordance with Executive Order installation of the TRAS locks, this an average labor rate of $60 per work 12612, it is determined that this proposal would require that action to be hour. Required parts would be provided proposal would not have sufficient accomplished within 36 months after at no cost by the airplane manufacturer. federalism implications to warrant the the effective date of this AD. In Based on these figures, the cost impact preparation of a Federalism Assessment. developing an appropriate compliance of the proposed installation on U.S. For the reasons discussed above, I time for this proposed AD, the FAA operators is estimated to be $1,281,420, certify that this proposed regulation (1) or $47,460 per airplane. considered the degree of urgency is not a ‘‘significant regulatory action’’ This cost impact figure does not associated with addressing the subject under Executive Order 12866; (2) is not unsafe condition, the average utilization reflect the cost of the modifications described in the service bulletins listed a ‘‘significant rule’’ under the DOT of the affected fleet, and the time Regulatory Policies and Procedures (44 necessary to accomplish the proposed in paragraph I.K.1.h. of Boeing Service Bulletin 747–78–2150, Revision 1, that FR 11034, February 26, 1979); and (3) if actions (approximately 791 work hours). promulgated, will not have a significant In light of these factors, the FAA finds are proposed to be accomplished prior economic impact, positive or negative, a compliance time of 36 months for to, or concurrently with, the installation on a substantial number of small entities accomplishing the proposed actions to of the TRAS lock. (The cost impact under the criteria of the Regulatory be warranted, in that it represents an figure does reflect the cost of the Flexibility Act. A copy of the draft appropriate interval of time allowable modifications described in the service for affected airplanes to continue to bulletins listed in paragraph I.K.1.j. of regulatory evaluation prepared for this operate without compromising safety. the service bulletin that are also action is contained in the Rules Docket. Although not described in either proposed to be accomplished prior to, or A copy of it may be obtained by service bulletin, this proposed AD concurrently with, the installation of the contacting the Rules Docket at the would allow the option to dispatch an TRAS lock.) Since some operators may location provided under the caption airplane with one thrust reverser have accomplished certain ADDRESSES. deactivated and operate the airplane for modifications on some or all of the List of Subjects in 14 CFR Part 39 up to 10 days with one thrust reverser airplanes in its fleet, while other deactivated. This option would be operators may not have accomplished Air transportation, Aircraft, Aviation allowed in the event of unsuccessful any of the modifications on any of the safety, Safety.

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The Proposed Amendment Notice of Status Change 747–78A2160 NSC 1, applicable, in accordance with those service dated June 8, 1995. Repeat the applicable bulletins, prior to, or concurrently with, the Accordingly, pursuant to the inspections and tests thereafter at intervals accomplishment of the installation of the authority delegated to me by the not to exceed 1,300 flight hours, until TRAS lock. Accomplishment of these actions Administrator, the Federal Aviation accomplishment of paragraph (d) of this AD. constitutes terminating action for the Administration proposes to amend part (b) Within 6 months after the effective date repetitive inspections required by paragraphs 39 of the Federal Aviation Regulations of this AD, perform the applicable detailed (a) and (b) of this AD. (14 CFR part 39) as follows: visual inspections and tests to verify proper Note 4: Accomplishment of the installation operation of the overpressure shutoff valve specified in Boeing Service Bulletin 747–78– PART 39ÐAIRWORTHINESS electrical connectors, the flexible shafts, the 2150, dated March 20, 1997, is acceptable for DIRECTIVES directional pilot valve, and the microswitch compliance with the installation required by pack on each engine, in accordance with paragraph (d) of this AD. 1. The authority citation for part 39 Work Package II of the Accomplishment Functional Tests continues to read as follows: Instructions of Boeing Alert Service Bulletin 747–78A2160, dated May 4, 1995, including (e) Within 3,000 flight hours after Authority: 49 U.S.C. 106(g), 40113, 44701. Notice of Status Change 747–78A2160 NSC 1, accomplishing the modification required by dated June 8, 1995. Repeat the applicable § 39.13 [Amended] paragraph (d) of this AD, or within 1,000 inspections and tests thereafter at intervals flight hours after the effective date of this AD, 2. Section 39.13 is amended by not to exceed 18 months, until whichever occurs later, perform a functional adding the following new airworthiness accomplishment of paragraph (d) of this AD. test of the TRAS lock on each reverser half, directive: Corrective Actions in accordance with Chapter 78–34–00 of the Boeing: Docket 99–NM–64–AD. Boeing 747 Maintenance Manual, dated April (c) If any of the inspections and tests 25, 1998. Applicability: Model 747 series airplanes; required by paragraphs (a) and (b) of this AD certificated in any category; equipped with cannot be successfully performed, or if any Correction Actions General Electric Model CF6–45 or –50 series discrepancy is detected during the engines. (1) If no discrepancy is detected, repeat the inspections and tests, accomplish paragraphs functional test thereafter at intervals not to Note 1: This AD applies to each airplane (c)(1) or (c)(2) of this AD, as applicable. exceed 3,000 flight hours. identified in the preceding applicability (1) Prior to further flight, repair in (2) If any discrepancy is detected, prior to provision, regardless of whether it has been accordance with Boeing Alert Service further flight, repair in accordance with the modified, altered, or repaired in the area Bulletin 747–78A2160, dated May 4, 1995. procedures specified in the Boeing 747 subject to the requirements of this AD. For Additionally, prior to further flight, any Maintenance Manual. Additionally, prior to airplanes that have been modified, altered, or failed inspection or test required by further flight, the functional test must be repaired so that the performance of the paragraph (a) or (b) of this AD must be successfully accomplished. Repeat the requirements of this AD is affected, the repeated and successfully accomplished. functional test thereafter at intervals not to owner/operator must request approval for an (2) Accomplish both paragraphs (c)(2)(i) exceed 3,000 flight hours. alternative method of compliance in and (c)(2)(ii) of this AD. accordance with paragraph (h) of this AD. (i) Prior to further flight, deactivate the Spares The request should include an assessment of associated thrust reverser in accordance with (f) If, after incorporation of the the effect of the modification, alteration, or Section 78–1 of Boeing Document D6–33391, modification required by paragraph (d) of repair on the unsafe condition addressed by ‘‘Boeing 747–100/–200/–300/SP Dispatch this AD on any airplane, it becomes this AD; and, if the unsafe condition has not Deviations Procedures Guide,’’ Revision 22, necessary to install a thrust reverser assembly been eliminated, the request should include dated January 30, 1998. No more than one that does not have the TRAS locks installed, specific proposed actions to address it. thrust reverser on any airplane may be dispatch of the airplane is allowed in Compliance: Required as indicated, unless deactivated under the provisions of this accordance with the provisions and accomplished previously. paragraph. limitations specified in the operator’s FAA- To ensure the integrity of the fail-safe Note 3: The airplane may be operated in approved Master Minimum Equipment List, features of the thrust reverser system by accordance with the provisions and provided that the thrust reverser assembly preventing possible failure modes, which limitations specified in the operator’s FAA- that does not have the TRAS locks installed could result in inadvertent deployment of a approved Master Minimum Equipment List, is deactivated in accordance with Section thrust reverser during flight, and consequent provided that no more than one thrust 78–1 of Boeing Document D6–33391, ‘‘Boeing reduced controllability of the airplane, reverser on the airplane is inoperative. 747–100/–200/–300/SP Dispatch Deviations accomplish the following: (ii) Within 10 days after deactivation of any Procedures Guide,’’ Revision 22, dated Repetitive Inspections and Tests thrust reverser in accordance with paragraph January 30, 1998. No more than one thrust (c)(2)(i) of this AD, the affected thrust reverser on any airplane may be deactivated Note 2: For the purposes of this AD, a reverser must be repaired in accordance with under the provisions of this paragraph. detailed visual inspection is defined as: ‘‘An Boeing Alert Service Bulletin 747–78A2160, Within 10 days after deactivation of the intensive visual examination of a specific dated May 4, 1995. Additionally, prior to thrust reverser, install a thrust reverser structural area, system, installation, or further flight, any failed inspection or test assembly that has the TRAS locks installed assembly to detect damage, failure, or required by paragraph (a) or (b) of this AD and reactivate the thrust reverser. irregularity. Available lighting is normally must be repeated and successfully (g) If, prior to incorporation of the supplemented with a direct source of good accomplished; once such inspections and modification required by paragraph (d) of lighting at intensity deemed appropriate by tests have been successfully accomplished, this AD on any airplane, it becomes the inspector. Inspection aids such as mirror, the thrust reverser may then be reactivated. necessary to install a thrust reverser assembly magnifying lenses, etc., may be used. Surface that has the TRAS locks installed, dispatch cleaning and elaborate access procedures Modification of the airplane is allowed in accordance with may be required.’’ (d) Within 36 months after the effective the provisions and limitations specified in (a) Within 90 days after the effective date date of this AD, install a thrust reverser the operator’s FAA-approved Master of this AD, perform the applicable detailed actuation system (TRAS) lock on each thrust Minimum Equipment List, provided that the visual inspections and tests to verify proper reverser half of each engine, in accordance thrust reverser assembly that has the TRAS operation of the thrust reverser stow/deploy with Boeing Service Bulletin 747–78–2150, locks installed is deactivated in accordance switches, the bullnose seals, and the airmotor Revision 1, dated July 2, 1998. All of the with Section 78–1 of Boeing Document D6– brake on each engine, in accordance with modifications described in the service 33391, ‘‘Boeing 747–100/–200/–300/SP Work Package I of the Accomplishment bulletins listed in paragraphs I.K.1.h. and Dispatch Deviations Procedures Guide,’’ Instructions of Boeing Alert Service Bulletin I.K.1.j. of Boeing Service Bulletin 747–78– Revision 22, dated January 30, 1998. No more 747–78A2160, dated May 4, 1995, including 2150, Revision 1, must be accomplished, as than one thrust reverser on any airplane may

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57806 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules be deactivated under the provisions of this integrity and loss of fail-safe capability Commenters wishing the FAA to paragraph. Within 10 days after deactivation of the airplane. acknowledge receipt of their comments of the thrust reverser, install a thrust reverser DATES: Comments must be received by submitted in response to this notice assembly that does not have the TRAS locks must submit a self-addressed, stamped installed and reactivate the thrust reverser. December 13, 1999. postcard on which the following ADDRESSES: Alternative Methods of Compliance Submit comments in statement is made: ‘‘Comments to triplicate to the Federal Aviation Docket Number 98–NM–309–AD.’’ The (h) An alternative method of compliance or Administration (FAA), Transport adjustment of the compliance time that postcard will be date stamped and provides an acceptable level of safety may be Airplane Directorate, ANM–114, returned to the commenter. used if approved by the Manager, Seattle Attention: Rules Docket No. 98–NM– Aircraft Certification Office (ACO), FAA, 309–AD, 1601 Lind Avenue, SW., Availability of NPRMs Transport Airplane Directorate. Operators Renton, Washington 98055–4056. Any person may obtain a copy of this shall submit their requests through an Comments may be inspected at this NPRM by submitting a request to the appropriate FAA Principal Maintenance location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, Inspector, who may add comments and then p.m., Monday through Friday, except send it to the Manager, Seattle ACO. ANM–114, Attention: Rules Docket No. Federal holidays. 98–NM–309–AD, 1601 Lind Avenue, Note 5: Information concerning the The service information referenced in SW., Renton, Washington 98055–4056. existence of approved alternative methods of the proposed rule may be obtained from compliance with this AD, if any, may be Discussion obtained from the Seattle ACO. Boeing Commercial Aircraft Group, Long Beach Division, 3855 Lakewood The FAA has received reports of Special Flight Permits Boulevard, Long Beach, California fatigue cracks in the lower wing skin at (i) Special flight permits may be issued in 90846, Attention: Technical the 3 outboard fasteners of the stringer accordance with § § 21.197 and 21.199 of the Publications Business Administration, 64 end fitting. These cracks were Federal Aviation Regulations (14 CFR 21.197 Dept. C1–L51 (2–60). This information discovered during inspections and 21.199) to operate the airplane to a may be examined at the FAA, Transport conducted as part of the Supplemental location where the requirements of this AD Airplane Directorate, 1601 Lind Inspection Document (SID) program, can be accomplished. Avenue, SW., Renton, Washington; or at required by AD 93–01–15, amendment Issued in Renton, Washington, on October the FAA, Transport Airplane 39–8469 (58 FR 5576, , 1993). 21, 1999. Directorate, Los Angeles Aircraft Investigation revealed that such D. L. Riggin, Certification Office, 3960 Paramount cracking was caused by fatigue-related Acting Manager, Transport Airplane Boulevard, Lakewood, California. stress. Fatigue cracking of the wing skin Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: at the 3 outboard fasteners of the [FR Doc. 99–28084 Filed 10–26–99; 8:45 am] Greg DiLibero, Aerospace Engineer, Airframe stringer 64 end fitting, if not detected in BILLING CODE 4910±13±P Branch, ANM–120L, FAA, Transport a timely manner, could result in Airplane Directorate, Los Angeles reduced structural integrity and loss of fail-safe capability of the airplane. DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, Explanation of Relevant Service Federal Aviation Administration California 90712–4137; telephone (562) Information 627–5231; fax (562) 627–5210. 14 CFR Part 39 The FAA has reviewed and approved SUPPLEMENTARY INFORMATION: McDonnell Douglas Service Bulletin [Docket No. 98±NM±309±AD] Comments Invited DC8–57–100, Revision 01, dated , 1998. The service bulletin describes RIN 2120±AA64 Interested persons are invited to procedures for detailed visual and eddy participate in the making of the Airworthiness Directives; McDonnell current inspections to detect cracks of proposed rule by submitting such Douglas Model DC±8 Series Airplanes the lower wing skin at the 3 outboard written data, views, or arguments as fasteners of the stringer 64 end fitting; AGENCY: Federal Aviation they may desire. Communications shall and corrective actions, if necessary. The Administration, DOT. identify the Rules Docket number and corrective actions involve ACTION: Notice of proposed rulemaking be submitted in triplicate to the address accomplishing a preventative (NPRM). specified above. All communications modification (including stress or split received on or before the closing date sleeve coining of holes, and installing SUMMARY: This document proposes the for comments, specified above, will be new pins), replacing pins with new adoption of a new airworthiness considered before taking action on the pins, and repairing, as applicable. directive (AD) that is applicable to proposed rule. The proposals contained Accomplishment of the actions certain McDonnell Douglas Model DC– in this notice may be changed in light specified in the service bulletin is 8 series airplanes. This proposal would of the comments received. intended to adequately address the require detailed visual and eddy current Comments are specifically invited on identified unsafe condition. inspections of the lower wing skin at the the overall regulatory, economic, 3 outboard fasteners of the stringer 64 environmental, and energy aspects of Explanation of Requirements of end fitting to detect cracks; and the proposed rule. All comments Proposed Rule corrective actions, if necessary. This submitted will be available, both before Since an unsafe condition has been proposal is prompted by reports of and after the closing date for comments, identified that is likely to exist or fatigue cracks found in the lower wing in the Rules Docket for examination by develop on other products of this same skin initiating from the outboard interested persons. A report type design, the proposed AD would fasteners of the stringer 64 end fitting. summarizing each FAA-public contact require accomplishment of the actions The actions specified by the proposed concerned with the substance of this specified in the service bulletin AD are intended to prevent such fatigue proposal will be filed in the Rules described previously, except as cracking, which could reduce structural Docket. discussed below.

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Differences Between Proposed Rule and regulatory evaluation prepared for this McDonnell Douglas Service Bulletin DC8– Service Bulletin action is contained in the Rules Docket. 57–100, Revision 01, dated August 26, 1998. Note 3: For the purposes of this AD, a Operators should note that, although A copy of it may be obtained by contacting the Rules Docket at the detailed inspection is defined as: ‘‘An the service bulletin specifies that the intensive visual examination of a specific manufacturer may be contacted for location provided under the caption ADDRESSES. structural area, system, installation, or disposition of certain repair conditions, assembly to detect damage, failure, or this proposal would require the repair of List of Subjects in 14 CFR Part 39 irregularity. Available lighting is normally those conditions to be accomplished in supplemented with a direct source of good Air transportation, Aircraft, Aviation accordance with a method approved by lighting at intensity deemed appropriate by safety, Safety. the FAA. the inspector. Inspection aids such as mirror, Operators should also note that the The Proposed Amendment magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures repair procedures for Condition 2 of the Accordingly, pursuant to the may be required.’’ Work Instructions of the service bulletin authority delegated to me by the (1) If any crack is detected in the skin do not provide for a follow-on Administrator, the Federal Aviation fastener holes and it is less than 3.1 inches inspection of the repaired area. The Administration proposes to amend part long, prior to further flight, repair in FAA has determined that a follow-on 39 of the Federal Aviation Regulations accordance with the service bulletin. Within inspection of the repaired area is (14 CFR part 39) as follows: 14,100 landings after accomplishment of the necessary to provide an appropriate repair, inspect the lower wing skin to detect level of safety. PART 39ÐAIRWORTHINESS cracks, in accordance with a method DIRECTIVES approved by the Manager, Los Angeles Cost Impact Aircraft Certification Office (ACO), FAA, There are approximately 294 1. The authority citation for part 39 Transport Airplane Directorate. airplanes of the affected design in the continues to read as follows: (2) If any crack is detected in the skin fastener holes and it is greater than or equal worldwide fleet. The FAA estimates that Authority: 49 U.S.C. 106(g), 40113, 44701. to 3.1 inches long, prior to further flight, 251 airplanes of U.S. registry would be repair in accordance with a method approved § 39.13 [Amended] affected by this proposed AD, that it by the Manager Los Angeles ACO. would take approximately 4 work hours 2. Section 39.13 is amended by (3) If no crack is found, within 24 months per airplane to accomplish the proposed adding the following new airworthiness after the effective date of this AD, accomplish inspection, and that the average labor directive: the preventative modification (including rate is $60 per work hour. Based on stress or split sleeve coining the three McDonnell Douglas: Docket 98–NM–309– fastener holes in the skin, and installing new these figures, the cost impact of the AD. inspection proposed by this AD on U.S. pins), in accordance with the service Applicability: Model DC–8 series airplanes, bulletin. Accomplishment of this action operators is estimated to be $60,240, or as listed in McDonnell Douglas Service constitutes terminating action for the $240 per airplane. Bulletin DC8–57–100, Revision 01, dated requirements of this AD. The cost impact figure discussed August 26, 1998; certificated in any category. Note 4: This AD does not terminate the above is based on assumptions that no Note 1: This AD applies to each airplane inspection requirements for PSE’s 57.08.037, operator has yet accomplished any of identified in the preceding applicability 57.08.038, 57.08.021, and 57.08.022 of the the proposed requirements of this AD provision, regardless of whether it has been DC–8 SID in accordance with AD 93–01–15, action, and that no operator would modified, altered, or repaired in the area amendment 39–6330. subject to the requirements of this AD. For accomplish those actions in the future if Alternative Methods of Compliance this AD were not adopted. airplanes that have been modified, altered, or repaired so that the performance of the (b) An alternative method of compliance or Regulatory Impact requirements of this AD is affected, the adjustment of the compliance time that owner/operator must request approval for an provides an acceptable level of safety may be The regulations proposed herein alternative method of compliance in used if approved by the Manager, Los would not have substantial direct effects accordance with paragraph (b) of this AD. Angeles ACO, FAA, Transport Airplane on the States, on the relationship The request should include an assessment of Directorate. Operators shall submit their between the national government and the effect of the modification, alteration, or requests through an appropriate FAA the States, or on the distribution of repair on the unsafe condition addressed by Principal Maintenance Inspector, who may power and responsibilities among the this AD; and, if the unsafe condition has not add comments and then send it to the various levels of government. been eliminated, the request should include Manager, Los Angeles ACO. Therefore, in accordance with specific proposed actions to address it. Note 5: Information concerning the Executive Order 12612, it is determined Compliance: Required as indicated, unless existence of approved alternative methods of that this proposal would not have accomplished previously. compliance with this AD, if any, may be To prevent fatigue cracking of the lower obtained from the Los Angeles ACO. sufficient federalism implications to wing skin, which could reduce structural warrant the preparation of a Federalism integrity and loss of fail-safe capability of the Special Flight Permits Assessment. airplane, accomplish the following: (c) Special flight permits may be issued in For the reasons discussed above, I Note 2: This AD will affect Principal accordance with §§ 21.197 and 21.199 of the certify that this proposed regulation (1) Structural Elements (PSE) 57.08.037, Federal Aviation Regulations (14 CFR 21.197 is not a ‘‘significant regulatory action’’ 57.08.038, 57.08.021, and 57.08.022 of the and 21.199) to operate the airplane to a under Executive Order 12866; (2) is not DC–8 Supplemental Inspection Document location where the requirements of this AD a ‘‘significant rule’’ under the DOT (SID). can be accomplished. Issued in Renton, Washington, on October Regulatory Policies and Procedures (44 Inspection, Repair, and Modification FR 11034, February 26, 1979); and (3) if 21, 1999. (a) Within 24 months after the effective D. L. Riggin, promulgated, will not have a significant date of this AD, perform detailed visual and economic impact, positive or negative, eddy current inspections to detect cracks in Acting Manager, Transport Airplane on a substantial number of small entities the lower wing skin fastener holes in the area Directorate, Aircraft Certification Service. under the criteria of the Regulatory surrounding 3 outboard fasteners of the [FR Doc. 99–28085 Filed 10–26–99; 8:45 am] Flexibility Act. A copy of the draft stringer 64 end fitting, in accordance with BILLING CODE 4910±13±P

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DEPARTMENT OF TRANSPORTATION Systems and Equipment Branch, ANM– system. Such malfunction could result 130S, FAA, Transport Airplane in failure of the valve, leakage of Federal Aviation Administration Directorate, Seattle Aircraft Certification hydraulic fluid to the engine fire zone, Office, 1601 Lind Avenue, SW., Renton, reduced ability to retract the landing 14 CFR Part 39 Washington 98055–4056; telephone gear, loss of backup electrical power, or [Docket No. 98±NM±298±AD] (425) 227–2673; fax (425) 227–1181. other combinations of failures; and SUPPLEMENTARY INFORMATION: consequent reduced controllability of RIN 2120±AA64 the airplane. Comments Invited Airworthiness Directives; Boeing Explanation of Relevant Service Interested persons are invited to Model 737, 757, and 767 Series Information participate in the making of the Airplanes proposed rule by submitting such The FAA has reviewed and approved AGENCY: Federal Aviation written data, views, or arguments as Boeing Alert Service Bulletins 737– Administration, DOT. they may desire. Communications shall 29A1073, Revision 2, (for Model 737 ACTION: Notice of proposed rulemaking identify the Rules Docket number and series airplanes); 757–29A0048, (NPRM). be submitted in triplicate to the address Revision 2, (for Model 757 series specified above. All communications airplanes), both dated , 1999; and SUMMARY: This document proposes the received on or before the closing date 767–29A0083, Revision 2, dated , adoption of a new airworthiness for comments, specified above, will be 1999 (for Model 767 series airplanes). directive (AD) that is applicable to considered before taking action on the These service bulletins describe certain Boeing Model 737, 757, and 767 proposed rule. The proposals contained procedures for repetitive inspections of series airplanes. This proposal would in this notice may be changed in light the motor operated hydraulic shutoff require repetitive inspections of certain of the comments received. valves to verify proper functioning. The motor operated hydraulic shutoff valves Comments are specifically invited on service bulletins also describe to detect malfunctioning; and the overall regulatory, economic, procedures for replacement of any replacement with new valves, if environmental, and energy aspects of malfunctioning valves with new valves. necessary. This proposal also would the proposed rule. All comments Accomplishment of the actions require eventual replacement of certain submitted will be available, both before specified in the alert service bulletins is existing valves with new valves, which and after the closing date for comments, intended to adequately address the would constitute terminating action for in the Rules Docket for examination by identified unsafe condition. interested persons. A report the repetitive inspections. This proposal Explanation of Requirements of summarizing each FAA-public contact is prompted by reports that the motor Proposed Rule switch contacts on certain hydraulic concerned with the substance of this shutoff valves were misaligned, causing proposal will be filed in the Rules Since an unsafe condition has been subsequent malfunction of those valves. Docket. identified that is likely to exist or The actions specified by the proposed Commenters wishing the FAA to develop on other products of this same AD are intended to prevent failure of the acknowledge receipt of their comments type design, the proposed AD would motor operated hydraulic shutoff valves, submitted in response to this notice require accomplishment of the actions which could result in leakage of must submit a self-addressed, stamped specified in the alert service bulletins hydraulic fluid to the engine fire zone, postcard on which the following described previously, except as reduced ability to retract the landing statement is made: ‘‘Comments to discussed below. gear, loss of backup electrical power or Docket Number 98–NM–298–AD.’’ The Differences Between the Alert Service other combinations of failures; and postcard will be date stamped and Bulletins and the Proposed AD consequent reduced controllability of returned to the commenter. Operators should note that this AD the airplane. Availability of NPRMs proposes to mandate, within 2 years, the DATES: Comments must be received by Any person may obtain a copy of this replacement of the motor operated December 13, 1999. NPRM by submitting a request to the hydraulic shutoff valves described in ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, the alert service bulletins as terminating triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. action for the repetitive inspections. The Administration (FAA), Transport 98–NM–298–AD, 1601 Lind Avenue, FAA has determined that long-term Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. continued operational safety will be Attention: Rules Docket No. 98–NM– better assured by design changes to 298–AD, 1601 Lind Avenue, SW., Discussion remove the source of the problem, rather Renton, Washington 98055–4056. The FAA received reports indicating than by repetitive inspections. Long- Comments may be inspected at this that functional testing of the motors of term inspections may not be providing location between 9:00 a.m. and 3:00 certain hydraulic shutoff valves of the degree of safety assurance necessary p.m., Monday through Friday, except Boeing Model 737, 757, and 767 series for the transport airplane fleet. This, Federal holidays. airplanes revealed that the motor switch coupled with a better understanding of The service information referenced in contacts on the valves were misaligned. the human factors associated with the proposed rule may be obtained from This misalignment could prevent the numerous continual inspections, has led Boeing Commercial Airplane Group, valve motor from turning off after it the FAA to consider placing less P.O. Box 3707, Seattle, Washington reaches the commanded stop position at emphasis on inspections and more 98124–2207. This information may be the end of switch travel; such emphasis on design improvements. The examined at the FAA, Transport misalignment has been attributed to a proposed replacement requirement is in Airplane Directorate, 1601 Lind design flaw. If the motor ceases consonance with these conditions. Avenue, SW., Renton, Washington. operation and cannot be recommanded Operators should further note that the FOR FURTHER INFORMATION CONTACT: to operate, the related valve cannot open Circle Seal motor operated hydraulic Kenneth W. Frey, Aerospace Engineer, and close for the affected hydraulic shutoff valves having the replacement

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57809 part numbers (P/N) specified in the alert is estimated to be $4,616 per airplane, Applicability: Model 737, 757, and 767 service bulletins are not adequate for per valve replacement. This proposed series airplanes, certificated in any category, installation as replacement parts due to AD would require eventual replacement as listed in the following Boeing Alert intermittent failures in the valves. The of approximately 5,000 valves. Service Bulletins: • failures prevent the valves from being The cost impact figures discussed 737–29A1073, Revision 2, dated July 1, moved to the commanded position 1999 (for Model 737 series airplanes); above are based on assumptions that no • 757–29A0048, Revision 2, dated July 1, when commanded to open or close. operator has yet accomplished any of 1999 (for Model 757 series airplanes); However, Circle Seal valves having P/N the proposed requirements of this AD • 767–29A0083, Revision 2, dated July 15, S270T010–10, S270T010–11, and action, and that no operator would 1999 (for Model 767 series airplanes). S270T010–12 are adequate for accomplish those actions in the future if Note 1: This AD applies to each airplane installation as replacement parts. this AD were not adopted. identified in the preceding applicability The FAA has approved design provision, regardless of whether it has been changes incorporated into these valves, Regulatory Impact modified, altered, or repaired in the area and the valves are being installed on The regulations proposed herein subject to the requirements of this AD. For airplanes in production. would not have substantial direct effects airplanes that have been modified, altered, or repaired so that the performance of the Cost Impact on the States, on the relationship requirements of this AD is affected, the between the national government and There are approximately 3,029 Boeing owner/operator must request approval for an the States, or on the distribution of Model 737 series airplanes of the alternative method of compliance in power and responsibilities among the affected design in the worldwide fleet. accordance with paragraph (d) of this AD. various levels of government. Therefore, The request should include an assessment of The FAA estimates that 1,234 airplanes in accordance with Executive Order the effect of the modification, alteration, or of U.S. registry would be affected by this repair on the unsafe condition addressed by proposed AD, that it would take 12612, it is determined that this proposal would not have sufficient this AD; and, if the unsafe condition has not approximately 2 work hours per been eliminated, the request should include airplane to accomplish the proposed federalism implications to warrant the specific proposed actions to address it. preparation of a Federalism Assessment. inspection, at an average labor rate of Compliance: Required as indicated, unless $60 per work hour. Based on these For the reasons discussed above, I accomplished previously. figures, the cost impact of the proposed certify that this proposed regulation (1) To prevent failure of the motor operated AD on U.S. operators is estimated to be is not a ‘‘significant regulatory action’’ hydraulic shutoff valves, which could result $148,080, or $120 per airplane, per under Executive Order 12866; (2) is not in leakage of hydraulic fluid to the engine inspection cycle. a ‘‘significant rule’’ under the DOT fire zone, reduced ability to retract the There are approximately 802 Boeing Regulatory Policies and Procedures (44 landing gear, loss of backup electrical power or other combinations of failures, and Model 757 series airplanes of the FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant consequent reduced controllability of the affected design in the worldwide fleet. airplane, accomplish the following: The FAA estimates that 558 airplanes of economic impact, positive or negative, U.S. registry would be affected by this on a substantial number of small entities Repetitive Inspections/Corrective Action proposed AD, that it would take under the criteria of the Regulatory (a) Within 6 months after the effective date approximately 3 work hours per Flexibility Act. A copy of the draft of this AD: Perform a general visual airplane to accomplish the proposed regulatory evaluation prepared for this inspection to detect malfunctioning of any inspection, at an average labor rate of action is contained in the Rules Docket. Circle Seal motor operated hydraulic shutoff valve having a part number specified in the $60 per work hour. Based on these A copy of it may be obtained by contacting the Rules Docket at the ‘‘Existing Part Number’’ column (including figures, the cost impact of the proposed parts marked with the suffix ‘‘R’’ after the AD on U.S. operators is estimated to be location provided under the caption serial number), of Paragraph 2.E. of Boeing $100,440, or $180 per airplane, per ADDRESSES. Alert Service Bulletin 737–29A1073, inspection cycle. List of Subjects in 14 CFR Part 39 Revision 2 (for Model 737 series airplanes), There are approximately 701 Boeing or 757–29A0048, Revision 2 (for Model 757 Model 767 series airplanes of the Air transportation, Aircraft, Aviation series airplanes), both dated July 1, 1999; or affected design in the worldwide fleet. safety, Safety. 767–29A0083, Revision 2, dated July 15, 1999 (for Model 767 series airplanes); as The FAA estimates that 280 airplanes of The Proposed Amendment U.S. registry would be affected by this applicable; in accordance with the applicable alert service bulletin. proposed AD, that it would take Accordingly, pursuant to the approximately 4 work hours per authority delegated to me by the Note 2: For the purposes of this AD, a Administrator, the Federal Aviation general visual inspection is defined as: ‘‘A airplane to accomplish the proposed visual examination of an interior or exterior inspection, at an average labor rate of Administration proposes to amend part area, installation, or assembly to detect $60 per work hour. Based on these 39 of the Federal Aviation Regulations obvious damage, failure, or irregularity. This figures, the cost impact of the proposed (14 CFR part 39) as follows: level of inspection is made under normally AD on U.S. operators is estimated to be available lighting conditions such as $67,200, or $240 per airplane, per PART 39ÐAIRWORTHINESS daylight, hangar lighting, flashlight, or drop- inspection cycle. DIRECTIVES light and may require removal or opening of access panels or doors. Stands, ladders, or For all airplanes, it would take 1. The authority citation for part 39 approximately 5 work hours per valve to platforms may be required to gain proximity continues to read as follows: to the area being checked.’’ accomplish the proposed replacement, at an average labor rate of $60 per work Authority: 49 U.S.C. 106(g), 40113, 44701. (1) If any malfunction of any valve is detected, prior to further flight, replace the hour. § 39.13 [Amended] valve with a new Whittaker valve in Required parts and hydraulic fluid accordance with the applicable service would cost approximately $4,316 per 2. Section 39.13 is amended by adding the following new airworthiness bulletin; or replace any valve having P/N airplane. Based on these figures, the cost S270T010–1, –4, or –7, with a new Circle impact of the valve replacements directive: Seal valve having P/N S270T010–10; replace proposed by this AD on U.S. operators Boeing: Docket 98–NM–298-AD. any valve having P/N S270T010–2, –5, or –8,

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The service information referenced in Issued in Renton, Washington, on October the proposed rule may be obtained from (2) If no malfunction of any valve is 21, 1999. detected, repeat the inspection thereafter at Pratt & Whitney, 400 Main St., East D.L. Riggin, intervals not to exceed 6 months until Hartford, CT 06108; telephone (860) accomplishment of the terminating action Acting Manager, Transport Airplane 565–8770, fax (860) 565–4503. This required by paragraph (b) of this AD. Directorate, Aircraft Certification Service. information may be examined at the [FR Doc. 99–28086 Filed 10–26–99; 8:45 am] FAA, New England Region, Office of the Terminating Action BILLING CODE 4910±13±U Regional Counsel, 12 New England (b) Within 2 years after the effective date Executive Park, Burlington, MA. of this AD, accomplish the replacement of FOR FURTHER INFORMATION CONTACT: any Circle Seal valve having a P/N specified DEPARTMENT OF TRANSPORTATION in the ‘‘Existing Part Number’’ column James Rosa, Aerospace Engineer, (including parts marked with the suffix ‘‘R’’ Federal Aviation Administration Certification Office, FAA, Engine and after the serial number), of Paragraph 2.E. of Propeller Directorate, 12 New England Boeing Alert Service Bulletin 737–29A1073, 14 CFR Part 39 Executive Park, Burlington, MA 01803– Revision 2 (for Model 737 series airplanes); 5299; telephone (781) 238–7152, fax 757–29A0048, Revision 2 (for Model 757 [Docket No. 99±NE±04±AD] (781) 238–7199. series airplanes), both dated July 1, 1999; or RIN 2120±AA64 SUPPLEMENTARY INFORMATION: 767–29A0083, Revision 2, dated July 15, 1999 (for Model 767 series airplanes); as Airworthiness Directives; Pratt & Comments Invited required by either paragraph (b)(1) or (b)(2) Whitney JT8D Series Turbofan Engines Interested persons are invited to of this AD; in accordance with the applicable participate in the making of the service bulletin. Accomplishment of this AGENCY: Federal Aviation proposed rule by submitting such replacement constitutes terminating action Administration, DOT. for the repetitive inspections required by this written data, views, or arguments as ACTION: Notice of proposed rulemaking AD. they may desire. Communications (1) Replace with a new Whittaker valve in (NPRM). should identify the Rules Docket accordance with the applicable service number and be submitted in triplicate to SUMMARY: This document proposes the bulletin. the address specified above. All adoption of a new airworthiness (2) Replace any valve having P/N communications received on or before directive (AD) that is applicable to S270T010–1, –4, or –7, with a new Circle the closing date for comments, specified certain Pratt & Whitney (PW) JT8D Seal valve having P/N S270T010–10; replace above, will be considered before taking series turbofan engines. This proposal any valve having P/N S270T010–2, –5, or –8, action on the proposed rule. The would require recalculation of cyclic with a new Circle Seal valve having P/N proposals contained in this notice may S270T010–11; and replace any valve having life limits for certain compressor and be changed in light of the comments P/N S270T010–3, –6, or –9, with a new Circle turbine disks installed on engines with received. Seal valve having P/N S270T010–12. hush kits (Stage III noise reduction Comments are specifically invited on systems) installed in accordance with Spares the overall regulatory, economic, PW Service Bulletin No. 5947, removal (c) As of the effective date of this AD, no environmental, and energy aspects of from service of disks that exceed the person shall install on any airplane, any part the proposed rule. All comments new, lower cyclic life limits, and identified in the ‘‘Existing Part Number’’ submitted will be available, both before replacement with serviceable parts. This column (including parts marked with the and after the closing date for comments, proposal is prompted by reports that suffix ‘‘R’’ after the serial number), of in the Rules Docket for examination by compressor and turbine disks have Paragraph 2.E. of Boeing Alert Service interested persons. A report Bulletin 737–29A1073, Revision 2 (for Model higher rotor speeds on engines with summarizing each FAA-public contact 737 series airplanes); 757–29A0048, Revision hush kits that result in lower cyclic concerned with the substance of this 2 (for Model 757 series airplanes), both dated lives. The actions specified by the proposal will be filed in the Rules July 1, 1999; or 767–29A0083, Revision 2, proposed AD are intended to prevent Docket. dated July 15, 1999 (for Model 767 series compressor and turbine disk failure due Commenters wishing the FAA to airplanes); as applicable. to reduced cyclic lives, which could acknowledge receipt of their comments Alternative Methods of Compliance result in an uncontained engine failure submitted in response to this notice and damage to the airplane. (d) An alternative method of compliance or must submit a self-addressed, stamped adjustment of the compliance time that DATES: Comments must be received by postcard on which the following provides an acceptable level of safety may be December 27, 1999. statement is made: ‘‘Comments to used if approved by the Manager, Seattle ADDRESSES: Submit comments in Aircraft Certification Office (ACO), FAA, Docket Number 99–NE–04–AD.’’ The triplicate to the Federal Aviation Transport Airplane Directorate. Operators postcard will be date stamped and shall submit their requests through an Administration (FAA), New England returned to the commenter. Region, Office of the Regional Counsel, appropriate FAA Principal Maintenance Availability of NPRMs Inspector, who may add comments and then Attention: Rules Docket No. 99–NE–04– send it to the Manager, Seattle ACO. AD, 12 New England Executive Park, Any person may obtain a copy of this Note 3: Information concerning the Burlington, MA 01803–5299. Comments NPRM by submitting a request to the existence of approved alternative methods of may also be sent via the Internet using FAA, New England Region, Office of the compliance with this AD, if any, may be the following address: ‘‘9-ane- Regional Counsel, Attention: Rules obtained from the Seattle ACO. [email protected]’’. Comments sent Docket No. 99–NE–04–AD, 12 New

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England Executive Park, Burlington, MA under Executive Order 12866; (2) is not could result in an uncontained engine failure 01803–5299. a ‘‘significant rule’’ under the DOT and damage to the airplane, accomplish the Regulatory Policies and Procedures (44 following: Discussion FR 11034, February 26, 1979); and (3) if (a) Within twenty five (25) cycles-in- The Federal Aviation Administration service after the effective date of this AD, promulgated, will not have a significant recalculate the cyclic life limits of affected (FAA) has received reports of higher economic impact, positive or negative, than normal rotor speeds on certain compressor and turbine disks listed by part on a substantial number of small entities number (P/N) in PW Alert Service Bulletin compressor and turbine disks installed under the criteria of the Regulatory (ASB) No. A6340 dated , 1998, in on Pratt & Whitney (PW) JT8D–1, –1A, Flexibility Act. A copy of the draft accordance with the formulae described in –1B, –7, –7A, –7B, –9, –9A, –11, –15, regulatory evaluation prepared for this the Accomplishment Instructions of the ASB. –15A, –17, and –7A series turbofan action is contained in the Rules Docket. (b) After recalculating the new cyclic life engines with hush kits (Stage III noise A copy of it may be obtained by limits in accordance with paragraph (a) of reduction systems) installed in contacting the Rules Docket at the this AD, but prior to further flight, remove accordance with PW Service Bulletin from service affected compressor and turbine location provided under the caption disks that exceed the new, lower cyclic life (SB) No. 5947. Analysis indicates that ADDRESSES. higher rotor speeds result in reduced limits calculated in accordance with cyclic lives for affected disks. This List of Subjects in 14 CFR Part 39 paragraph (a) of this AD, and replace with serviceable parts. condition, if not corrected, could result Air transportation, Aircraft, Aviation (c) Except as provided in paragraph (d) of in compressor and turbine disk failure safety, Safety. this AD, this AD established new, lower due to reduced cyclic lives, which could cyclic life limits for affected compressor and result in an uncontained engine failure The Proposed Amendment turbine disks installed on engines with hush and damage to the airplane. Accordingly, pursuant to the kits. The FAA has reviewed and approved authority delegated to me by the (d) An alternative method of compliance or the technical contents of PW Alert Administrator, the Federal Aviation adjustment of the compliance time that Service Bulletin (ASB) No. A6340, dated Administration proposes to amend part provides an acceptable level of safety may be June 25, 1998, that identifies affected 39 of the Federal Aviation Regulations used if approved by the Manager, Engine compressor and rotor disks by part Certification Office. Operators shall submit (14 CFR part 39) as follows: their request through an appropriate FAA number (P/N), and describes formulae PART 39ÐAIRWORTHINESS Principal Maintenance Inspector, who may for recalculating cyclic disk lives. add comments and then send it to the Since an unsafe condition has been DIRECTIVES Manager, Engine Certification Office. identified that is likely to exist or 1. The authority citation for part 39 Note 2: Information concerning the develop on other products of this same continues to read as follows: existence of approved alternative methods of type design, the proposed AD would compliance with this airworthiness directive, require recalculation of cyclic life limits Authority: 49 U.S.C. 106(g), 40113, 44701. if any, may be obtained from the Engine for certain compressor and turbine disks § 39.13 [Amended] Certification Office. installed on engines with hush kits 2. Section 39.13 is amended by (e) Special flight permits may be issued in installed in accordance with PW SB No. accordance with §§ 21.197 and 21.199 of the adding the following new airworthiness Federal Aviation Regulations (14 CFR 21.197 5947, removal from service of disks that directive: exceed the new, lower cyclic life limits, and 21.199) to operate the aircraft to a and replacement with serviceable parts. Pratt & Whitney: Docket No. 99–NE–04–AD. location where the requirements of this AD The actions would be required to be Applicability: Pratt & Whitney (PW) JT8D– can be accomplished. accomplished in accordance with the 1, ¥1A, ¥1B, ¥7, ¥7A, ¥7B, ¥9, ¥9A, Issued in Burlington, Massachusetts, on ASB described previously. ¥11, ¥15, ¥15A, ¥17, and ¥17A series , 1999. turbofan engines with hush kits (Stage III David A. Downey, There are approximately 2,872 noise reduction systems) installed in Assistant Manager, Engine and Propeller engines of the affected design in the accordance with PW Service Bulletin (SB) Directorate, Aircraft Certification Service. worldwide fleet. The FAA estimates that No. 5947. These engines are installed on but 2,585 engines installed on aircraft of not limited to Boeing 727 and 737 series [FR Doc. 99–28087 Filed 10–26–99; 8:45 am] U.S. registry would be affected by this aircraft, and McDonnell Douglas DC–9 series BILLING CODE 4910±13±U proposed AD, and that the prorated life aircraft. reduction would cost approximately Note 1: This airworthiness directive (AD) $5,700 per engine over the life of the applies to each engine identified in the DEPARTMENT OF TRANSPORTATION engine. Based on these figures, the total preceding applicability provision, regardless Federal Aviation Administration cost impact of the proposed AD on U.S. of whether it has been modified, altered, or repaired in the area subject to the operators is estimated to be $14,734,500. requirements of this AD. For engines that 14 CFR Part 39 The regulations proposed herein have been modified, altered, or repaired so would not have substantial direct effects that the performance of the requirements of [Docket No. 99±NM±168±AD] on the States, on the relationship this AD is affected, the owner/operator must RIN 2120±AA64 between the national government and request approval for an alternative method of the States, or on the distribution of compliance in accordance with paragraph (d) Airworthiness Directives; McDonnell power and responsibilities among the of this AD. The request should include an assessment of the effect of the modification, Douglas Model MD±11 Series various levels of government. Therefore, Airplanes in accordance with Executive Order alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe AGENCY: 12612, it is determined that this condition has not been eliminated, the Federal Aviation proposal would not have sufficient request should include specific proposed Administration, DOT. federalism implications to warrant the actions to address it. ACTION: Notice of proposed rulemaking preparation of a Federalism Assessment. Compliance: Required as indicated, unless (NPRM). For the reasons discussed above, I accomplished previously. certify that this proposed regulation (1) To prevent compressor and turbine disk SUMMARY: This document proposes the is not a ‘‘significant regulatory action’’ failure due to reduced cyclic lives, which supersedure of an existing airworthiness

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57812 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules directive (AD), applicable to all Comments Invited issued as a correction to AD 98–25–11, McDonnell Douglas Model MD–11 Interested persons are invited to amendment 39–10937 (63 FR 68172, series airplanes, that currently requires participate in the making of the December 10, 1998).] a one-time inspection to detect proposed rule by submitting such Actions Since Issuance of Previous Rule discrepancies at certain areas around written data, views, or arguments as In the preamble to AD 98–25–11, the the entry light connector of the sliding they may desire. Communications shall ceiling panel above the forward FAA specified that the actions required identify the Rules Docket number and by that AD were considered ‘‘interim passenger doors, and repair, if be submitted in triplicate to the address necessary. That AD was prompted by a action’’ until final action is identified at specified above. All communications which time the FAA may consider report indicating that damaged electrical received on or before the closing date wires were found above the forward further rulemaking. The manufacturer for comments, specified above, will be has since developed a modification, and passenger doors due to flapper panels considered before taking action on the moving inboard and chafing the the FAA has determined that further proposed rule. The proposals contained rulemaking action is indeed necessary; electrical wire assemblies of this area. in this notice may be changed in light For certain airplanes, this action would this proposed AD follows from that of the comments received. determination. require the installation or modification Comments are specifically invited on of a flapper door ramp deflector on the the overall regulatory, economic, Other Related Rulemaking forward entry drop ceiling structure. For environmental, and energy aspects of The FAA, in conjunction with Boeing certain other airplanes, this action the proposed rule. All comments would require inspection of the wire and operators of Model MD–11 series submitted will be available, both before airplanes, is continuing to review all assembly support installation for and after the closing date for comments, evidence of chafing, and corrective aspects of the service history of those in the Rules Docket for examination by airplanes to identify potential unsafe actions, if necessary; and modification interested persons. A report of the subject area. The actions specified conditions and to take appropriate summarizing each FAA-public contact corrective actions. This proposed AD is by the proposed AD are intended to concerned with the substance of this prevent such chafing, which could one of a series of actions identified proposal will be filed in the Rules during that process. The process is result in an electrical fire in the Docket. passenger compartment. continuing and the FAA may consider Commenters wishing the FAA to additional rulemaking actions as further DATES: Comments must be received by acknowledge receipt of their comments results of the review become available. December 13, 1999. submitted in response to this notice must submit a self-addressed, stamped Explanation of Relevant Service ADDRESSES: Submit comments in postcard on which the following Information triplicate to the Federal Aviation statement is made: ‘‘Comments to The FAA has reviewed and approved Administration (FAA), Transport Docket Number 99–NM–168–AD.’’ The McDonnell Douglas Alert Service Airplane Directorate, ANM–114, postcard will be date stamped and Bulletin MD11–25A194, Revision 05, Attention: Rules Docket No. 99–NM– returned to the commenter. dated June 21, 1999, which describes 168–AD, 1601 Lind Avenue, SW., procedures for the installation or Renton, Washington 98055–4056. Availability of NPRMs modification of the flapper door ramp Comments may be inspected at this Any person may obtain a copy of this deflector on the forward entry drop location between 9:00 a.m. and 3:00 NPRM by submitting a request to the ceiling structure. The modification p.m., Monday through Friday, except FAA, Transport Airplane Directorate, involves reworking the current middle Federal holidays. ANM–114, Attention: Rules Docket No. angle support, part number 4223570–5, The service information referenced in 99–NM–168–AD, 1601 Lind Avenue, of the ramp deflector and reidentifying the proposed rule may be obtained from SW., Renton, Washington 98055–4056. it as part number 4223570–9. Boeing Commercial Aircraft Group, Discussion The FAA also has reviewed and Long Beach Division, 3855 Lakewood approved McDonnell Douglas Alert Boulevard, Long Beach, California On December 31, 1998, the FAA Service Bulletin MD11–24A068, 90846, Attention: Technical issued AD 98–25–11 R1, amendment Revision 01, dated , 1999. The Publications Business Administration, 39–10988 (64 FR 1502, January 11, service bulletin describes procedures for Dept. C1–L51 (2–60). This information 1999), applicable to all McDonnell a visual inspection of the wire assembly may be examined at the FAA, Transport Douglas Model MD–11 series airplanes, support installation for evidence of Airplane Directorate, 1601 Lind to require a one-time inspection to chafing, and corrective actions, if Avenue, SW., Renton, Washington; or at detect discrepancies at certain areas necessary; and modification of the wire the FAA, Transport Airplane around the entry light connector of the assembly support installation above the Directorate, Los Angeles Aircraft sliding ceiling panel above the forward entry door (L1) sliding panel. The Certification Office, 3960 Paramount passenger doors, and repair, if corrective actions involve either Boulevard, Lakewood, California. necessary. That action was prompted by repairing any chafed part or replacing a report indicating that damaged FOR FURTHER INFORMATION CONTACT: any discrepant part with a new part. electrical wires were found above the Brett Portwood, Aerospace Engineer, Accomplishment of the actions forward passenger doors due to flapper Systems and Equipment Branch, ANM– specified in the service bulletins is panels moving inboard and chafing the 130L, FAA, Transport Airplane intended to adequately address the electrical wire assemblies of this area. Directorate, Los Angeles Aircraft identified unsafe condition. The actions required by that AD are Certification Office, 3960 Paramount intended to prevent chafing of certain Explanation of Requirements of Boulevard, Lakewood, California wires above the forward passenger Proposed Rule 90712–4137; telephone (562) 627–5350; doors, which could result in an Since an unsafe condition has been fax (562) 627–5210. electrical fire in the passenger identified that is likely to exist or SUPPLEMENTARY INFORMATION: compartment. [AD 98–25–11 R1 was develop on other products of this same

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57813 type design, the proposed AD would approximately 2 work hours per modification proposed by this AD on supersede AD 98–25–11 R1 to continue airplane to accomplish, at an average U.S. operators is estimated to be $2,460, to require a one-time inspection to labor rate of $60 per work hour. or $60 per airplane. detect discrepancies at certain areas Based on these figures, the cost The cost impact figures discussed around the entry light connector of the impact of the currently required actions above are based on assumptions that no sliding ceiling panel above the forward on U.S. operators is estimated to be operator has yet accomplished any of passenger doors, and repair, if $7,800, or $120 per airplane. the current or proposed requirements of necessary. The proposed AD also would The new installation or modification this AD action, and that no operator require accomplishment of the actions of the flapper door ramp deflector on would accomplish those actions in the specified in the service bulletins the forward entry drop ceiling structure future if this AD were not adopted. described previously. that is proposed in this AD action However, the FAA has been advised would be required on three airplane that manufacturer warranty remedies Explanation of Change Made to groups. are available for some labor associated Applicability • Group 1 (installation of a ramp with accomplishing the proposed Since the issuance of AD 98–25–11 deflector) affects approximately 23 actions. Therefore, the future economic R1, the FAA has determined that the airplanes of U.S. registry and would cost impact of this rule on U.S. unsafe condition is not likely to exist or take approximately 8 work hours per operators may be less than the cost develop on McDonnell Douglas Model airplane to accomplish, at an average impact figures indicated above. MD–11 series airplanes delivered new labor rate of $60 per work hour. as freighter aircraft since the flapper Required parts would cost Regulatory Impact door ramp deflector on the forward approximately $480 per airplane. Based The regulations proposed herein entry drop ceiling was not installed. on these figures, the cost impact of this would not have substantial direct effects Therefore, the applicability of the proposed requirement of this AD on on the States, on the relationship proposed AD does not include those U.S. operators is estimated to be between the national government and $22,080, or $960 per airplane. airplanes. • the States, or on the distribution of Group 2 (installation of a ramp power and responsibilities among the Explanation of Changes to deflector) affects approximately 4 various levels of government. Therefore, Requirements of AD 98–25–11 R1 airplanes of U.S. registry and would in accordance with Executive Order The FAA has clarified the inspection take approximately 8 work hours per 12612, it is determined that this requirement contained in AD 98–25–11 airplane to accomplish, at an average proposal would not have sufficient R1. Whereas that AD specified a visual labor rate of $60 per work hour. federalism implications to warrant the inspection, the FAA has revised this Required parts would cost preparation of a Federalism Assessment. proposed AD to clarify that its intent is approximately $890 per airplane. Based For the reasons discussed above, I to require a detailed visual inspection. on these figures, the cost impact of this certify that this proposed regulation (1) Additionally, a note has been added to proposed requirement of this AD on is not a ‘‘significant regulatory action’’ the proposed AD to define that U.S. operators is estimated to be $5,480, under Executive Order 12866; (2) is not inspection. or $1,370 per airplane. • a ‘‘significant rule’’ under the DOT Operators should note that although Group 3 (modification of a Regulatory Policies and Procedures (44 AD 98–25–11 R1 requires operators to previously installed ramp deflector) FR 11034, February 26, 1979); and (3) if submit a report of the inspection results affects approximately 2 airplanes of U.S. promulgated, will not have a significant to the FAA, this proposed AD does not registry and would take approximately 2 economic impact, positive or negative, require such reporting. As a result of the work hours per airplane to accomplish, on a substantial number of small entities reporting requirements in that AD, the at an average labor rate of $60 per work under the criteria of the Regulatory FAA has received an adequate amount hour. The cost of required parts would Flexibility Act. A copy of the draft of inspection reports from operators to be nominal. Based on these figures, the regulatory evaluation prepared for this determine the proper corrective actions. cost impact of this proposed action is contained in the Rules Docket. requirement of this AD on U.S. Cost Impact A copy of it may be obtained by operators is estimated to be $240, or contacting the Rules Docket at the There are approximately 152 $120 per airplane. location provided under the caption airplanes of the affected design in the The inspection of the wire assembly ADDRESSES. worldwide fleet on which the proposed support installation above entry door installation or modification of the (L1) sliding panel affects approximately List of Subjects in 14 CFR Part 39 flapper door ramp deflector on the 41 airplanes and would take Air transportation, Aircraft, Aviation forward entry drop ceiling structure approximately 1 work hour per airplane safety, Safety. would be required. The FAA estimates to accomplish, at an average labor rate that this installation or modification of $60 per work hour. Based on these The Proposed Amendment would be required on 29 airplanes of figures, the cost impact of this Accordingly, pursuant to the U.S. registry. inspection proposed by this AD on U.S. authority delegated to me by the There are approximately 152 operators is estimated to be $2,460, or Administrator, the Federal Aviation airplanes of the affected design in the $60 per airplane. Administration proposes to amend part worldwide fleet on which the proposed The modification of the wire assembly 39 of the Federal Aviation Regulations inspection and modification of the wire support installation above entry door (14 CFR part 39) as follows: assembly support installation above the (L1) sliding panel affects approximately entry door (L1) sliding panel would be 41 airplanes and would take PART 39ÐAIRWORTHINESS required. The FAA estimates that this approximately 1 work hour per airplane DIRECTIVES inspection and modification would be to accomplish, at an average labor rate required on 41 airplanes of U.S. registry. of $60 per work hour. The cost of 1. The authority citation for part 39 The actions that are currently required parts would be nominal. Based continues to read as follows: required by AD 98–25–11 R1 take on these figures, the cost impact of this Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] deflector assembly part number 4223570– (ii) Modify the wire assembly support 2. Section 39.13 is amended by 501. installation above the entry door (L1) sliding panel in accordance with the service bulletin. removing amendment 39–10988 (64 FR Corrective Action 1502, January 11, 1999), and by adding (b) If any discrepancy is detected during Alternative Methods of Compliance a new airworthiness directive (AD), to the visual inspection required by paragraph (d) An alternative method of compliance or read as follows: (a) of this AD, prior to further flight, repair adjustment of the compliance time that McDonnell Douglas: Docket 99–NM–168– in accordance with Chapter 20, Standard provides an acceptable level of safety may be AD. Supersedes AD 98–25–11 R1, Wiring Practices of the MD–11 Wiring used if approved by the Manager, Los amendment 39–10988. Diagram Manual, dated , 1998, or Angeles Aircraft Certification Office (ACO), , 1998. FAA, Transport Airplane Directorate. Applicability: Model MD–11 series Operators shall submit their requests through airplanes, as listed in McDonnell Douglas New Requirements of this AD an appropriate FAA Principal Maintenance Alert Service Bulletins MD11–25A194, Inspection, Installation, and Modification Inspector, who may add comments and then Revision 05, dated June 21, 1999, and MD11– send it to the Manager, Los Angeles ACO. 24A068, Revision 01, dated March 8, 1999; (c) Within 6 months after the effective date certificated in any category. of this AD, accomplish the actions specified Note 5: Information concerning the in paragraphs (c)(1), (c)(2), (c)(3) and (c)(4) of existence of approved alternative methods of Note 1: This AD applies to each airplane this AD, as applicable. compliance with this AD, if any, may be identified in the preceding applicability (1) For Group 1 airplanes listed in obtained from the Los Angeles ACO. provision, regardless of whether it has been McDonnell Douglas Alert Service Bulletin modified, altered, or repaired in the area Special Flight Permits MD11–25A194, Revision 05, dated June 21, subject to the requirements of this AD. For 1999: Install a ramp deflector assembly on (e) Special flight permits may be issued in airplanes that have been modified, altered, or the right side forward entry drop ceiling accordance with §§ 21.197 and 21.199 of the repaired so that the performance of the structure in accordance with McDonnell Federal Aviation Regulations (14 CFR 21.197 requirements of this AD is affected, the Douglas Alert Service Bulletin MD11– and 21.199) to operate the airplane to a owner/operator must request approval for an 25A194, Revision 05, dated June 21, 1999. location where the requirements of this AD alternative method of compliance in (2) For Group 2 airplanes listed in can be accomplished. accordance with paragraph (d) of this AD. McDonnell Douglas Alert Service Bulletin Issued in Renton, Washington, on October The request should include an assessment of MD11–25A194, Revision 05, dated June 21, the effect of the modification, alteration, or 20, 1999. 1999: Install a ramp deflector assembly on D.L. Riggin, repair on the unsafe condition addressed by the right side forward entry drop ceiling this AD; and, if the unsafe condition has not structure in accordance with McDonnell Acting Manager, Transport Airplane been eliminated, the request should include Douglas Alert Service Bulletin MD11– Directorate, Aircraft Certification Service. specific proposed actions to address it. 25A194, Revision 05, dated June 21, 1999. [FR Doc. 99–27941 Filed 10–26–99; 8:45 am] Compliance: Required as indicated, unless Note 3: Installation of a ramp deflector BILLING CODE 4910±13±U accomplished previously. assembly in accordance with McDonnell To prevent chafing of certain electrical Douglas Service Bulletin MD11–25–194, wires above the forward passenger doors, dated , 1996; Revision 01, dated DEPARTMENT OF TRANSPORTATION which could result in an electrical fire in the , 1996; Revision 02, dated , passenger compartment, accomplish the 1996; Revision 03, dated , 1996; Federal Aviation Administration following: or Revision 04, dated March 8, 1999, is Restatement of The Requirements of AD 98– acceptable for compliance with the 14 CFR Part 39 requirements of paragraph (c)(2) of this AD. 25–11 R1 [Docket No. 99±NM±171±AD] (3) For Group 3 airplanes listed in Detailed Visual Inspection McDonnell Douglas Alert Service Bulletin RIN 2120±AA64 (a) Within 10 days after , 1998 MD11–25A194, Revision 05, dated June 21, (the effective date of AD 98–25–11 R1, 1999: Modify the previously installed ramp Airworthiness Directives; McDonnell amendment 39–10988), perform a detailed deflector assembly bracket in accordance Douglas Model MD±11 Series visual inspection of the aircraft wiring to with McDonnell Douglas Alert Service Airplanes detect discrepancies that include but are not Bulletin MD11–25A194, Revision 05, dated limited to frayed, chafed, or nicked wires and June 21, 1999. AGENCY: Federal Aviation wire insulation in the areas specified in (4) For airplanes listed in McDonnell Administration, DOT. paragraphs (a)(1) and (a)(2) of this AD. Douglas Alert Service Bulletin MD11– ACTION: Notice of proposed rulemaking Note 2: For the purposes of this AD, a 24A068, Revision 01, dated March 8, 1999: (NPRM). detailed visual inspection is defined as: ‘‘An Accomplish the actions specified in intensive visual examination of a specific paragraphs (c)(4)(i) and (c)(4)(ii) of this AD in SUMMARY: This document proposes the structural area, system, installation, or accordance with the service bulletin. adoption of a new airworthiness assembly to detect damage, failure, or (i) Perform a general visual inspection of irregularity. Available lighting is normally the wire assembly support installation for directive (AD) that is applicable to supplemented with a direct source of good evidence of chafing. If any chafing is certain McDonnell Douglas Model MD– lighting at intensity deemed appropriate by detected, prior to further flight, repair or 11 series airplanes. This proposal would the inspector. Inspection aids such as mirror, replace any discrepant part with a new part require a one-time detailed visual magnifying lenses, etc., may be used. Surface in accordance with the service bulletin. inspection of the wire bundle cleaning and elaborate access procedures Note 4: For the purposes of this AD, a installation behind the first observer’s may be required.’’ general visual inspection is defined as ‘‘A station to detect damaged or chafed (1) At the area of the forward drop ceiling visual examination of an interior or exterior wires; and corrective action, if just outboard of mod block S3–735, and area, installation, or assembly to detect necessary. This proposal is prompted by forward and inboard of the light ballast for obvious damage, failure, or irregularity. This a report indicating that the wire bundle the entry light on the sliding ceiling panel level of inspection is made under normally contained in the feedthrough behind the above the forward left passenger door (1L) at available lighting conditions such as station location × = 24.75, y = 435, and z = daylight, hangar lighting, flashlight, or drop- first observer’s station was contacting 64.5. light, and may require removal or opening of the bottom portion of the feedthrough. (2) At the area above the forward right access panels or doors. Stands, ladders, or The actions specified by the proposed passenger door (1R) at station location × = platforms may be required to gain proximity AD are intended to prevent such ¥30, y = 430, and z = 70 in the ramp to the area being checked.’’ contact, which could cause cable

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57815 chafing, electrical arcing, smoke, or fire Commenters wishing the FAA to dated , 1999, which describes in the cockpit. acknowledge receipt of their comments procedures for a one-time detailed DATES: Comments must be received by submitted in response to this notice visual inspection of the wire bundle December 13, 1999. must submit a self-addressed, stamped installation behind the first observer’s ADDRESSES: Submit comments in postcard on which the following station to detect damaged or chafed triplicate to the Federal Aviation statement is made: ‘‘Comments to wires; and repair of the wires and Administration (FAA), Transport Docket Number 99–NM–171–AD.’’ The revision of the wire bundle support Airplane Directorate, ANM–114, postcard will be date stamped and clamp installation at the observer’s Attention: Rules Docket No. 99–NM– returned to the commenter. station, if necessary. Accomplishment of the actions specified in the service 171–AD, 1601 Lind Avenue, SW., Availability of NPRMs Renton, Washington 98055–4056. bulletin is intended to adequately Comments may be inspected at this Any person may obtain a copy of this address the identified unsafe condition. location between 9:00 a.m. and 3:00 NPRM by submitting a request to the FAA, Transport Airplane Directorate, Explanation of Requirements of p.m., Monday through Friday, except Proposed Rule Federal holidays. ANM–114, Attention: Rules Docket No. The service information referenced in 99–NM–171–AD, 1601 Lind Avenue, Since an unsafe condition has been the proposed rule may be obtained from SW., Renton, Washington 98055–4056. identified that is likely to exist or develop on other products of this same Boeing Commercial Aircraft Group, Discussion Long Beach Division, 3855 Lakewood type design, the proposed AD would As part of its practice of re-examining Boulevard, Long Beach, California require accomplishment of the actions all aspects of the service experience of 90846, Attention: Technical specified in the service bulletin a particular aircraft whenever an Publications Business Administration, described previously. accident occurs, the FAA has become Dept. C1–L51 (2–60). This information aware that the wire bundle contained in Cost Impact may be examined at the FAA, Transport the feedthrough behind the first There are approximately 63 airplanes Airplane Directorate, 1601 Lind observer’s station was contacting with of the affected design in the worldwide Avenue, SW., Renton, Washington; or at the bottom portion of the feedthrough. fleet. The FAA estimates that 12 the FAA, Transport Airplane This incident was found on a Model airplanes of U.S. registry would be Directorate, Los Angeles Aircraft MD–11 series airplane during a affected by this proposed AD, that it Certification Office, 3960 Paramount McDonnell Douglas production line would take approximately 1 work hour Boulevard, Lakewood, California. check. The contact has been attributed per airplane to accomplish the proposed FOR FURTHER INFORMATION CONTACT: to a design deficiency of the wire AD, and that the average labor rate is Brett Portwood, Technical Specialist, bundle support clamp installation at the $60 per work hour. Based on these Systems and Equipment Branch, ANM– first observer’s station. The design figures, the cost impact of the proposed 130L, FAA, Transport Airplane deficiency led to excessive preloading of AD on U.S. operators is estimated to be Directorate, Los Angeles Aircraft the support clamp and bracket during $720, or $60 per airplane. Certification Office, 3960 Paramount manufacturing, which caused the clamp The cost impact figure discussed Boulevard, Lakewood, California to rotate. This condition, if not above is based on assumptions that no 90712–4137; telephone (562) 627–5350; corrected, could allow the wire bundle operator has yet accomplished any of fax (562) 627–5210. contained in the feedthrough to contact the proposed requirements of this AD SUPPLEMENTARY INFORMATION: the bottom of the feedthrough, which action, and that no operator would Comments Invited could cause cable chafing, electrical accomplish those actions in the future if arcing, smoke, or fire in the cockpit. this AD were not adopted. Interested persons are invited to This incident is not considered to be Regulatory Impact participate in the making of the related to an accident that occurred off proposed rule by submitting such the coast of Nova Scotia involving a The regulations proposed herein written data, views, or arguments as McDonnell Douglas Model MD–11 would not have substantial direct effects they may desire. Communications shall series airplane. The cause of that on the States, on the relationship identify the Rules Docket number and accident is still under investigation. between the national government and be submitted in triplicate to the address the States, or on the distribution of specified above. All communications Other Related Rulemaking power and responsibilities among the received on or before the closing date The FAA, in conjunction with Boeing various levels of government. for comments, specified above, will be and operators of Model MD–11 series Therefore, in accordance with considered before taking action on the airplanes, is continuing to review all Executive Order 12612, it is determined proposed rule. The proposals contained aspects of the service history of those that this proposal would not have in this notice may be changed in light airplanes to identify potential unsafe sufficient federalism implications to of the comments received. conditions and to take appropriate warrant the preparation of a Federalism Comments are specifically invited on corrective actions. This proposed AD is Assessment. the overall regulatory, economic, one of a series of actions identified For the reasons discussed above, I environmental, and energy aspects of during that process. The process is certify that this proposed regulation (1) the proposed rule. All comments continuing and the FAA may consider is not a ‘‘significant regulatory action’’ submitted will be available, both before additional rulemaking actions as further under Executive Order 12866; (2) is not and after the closing date for comments, results of the review become available. a ‘‘significant rule’’ under the DOT in the Rules Docket for examination by Regulatory Policies and Procedures (44 interested persons. A report Explanation of Relevant Service FR 11034, February 26, 1979); and (3) if summarizing each FAA-public contact Information promulgated, will not have a significant concerned with the substance of this The FAA has reviewed and approved economic impact, positive or negative, proposal will be filed in the Rules McDonnell Douglas Alert Service on a substantial number of small entities Docket. Bulletin MD11–24A041, Revision 01, under the criteria of the Regulatory

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Flexibility Act. A copy of the draft Note 2: For the purposes of this AD, a DEPARTMENT OF TRANSPORTATION regulatory evaluation prepared for this detailed inspection is defined as: ‘‘An action is contained in the Rules Docket. intensive visual examination of a specific Federal Aviation Administration A copy of it may be obtained by structural area, system, installation, or contacting the Rules Docket at the assembly to detect damage, failure, or 14 CFR Part 39 location provided under the caption irregularity. Available lighting is normally [Docket No. 99±NM±174±AD] ADDRESSES. supplemented with a direct source of good lighting at intensity deemed appropriate by List of Subjects in 14 CFR Part 39 the inspector. Inspection aids such as mirror, RIN 2120±AA64 magnifying lenses, etc., may be used. Surface Air transportation, Aircraft, Aviation Airworthiness Directives; McDonnell cleaning and elaborate access procedures safety, Safety. Douglas Model MD±11 Series may be required.’’ Airplanes The Proposed Amendment (1) For airplanes identified as Group 1 in Accordingly, pursuant to the the service bulletin: Accomplish paragraph AGENCY: Federal Aviation authority delegated to me by the (a)(1)(i) or (a)(1)(ii) of this AD, as applicable. Administration, DOT. Administrator, the Federal Aviation (i) If no damaged or chafed wire is found, ACTION: Notice of proposed rulemaking Administration proposes to amend part no further action is required by this AD. (NPRM). 39 of the Federal Aviation Regulations (ii) If any damaged or chafed wire is found, (14 CFR part 39) as follows: prior to further flight, repair in accordance SUMMARY: This document proposes the with the service bulletin; adoption of a new airworthiness PART 39ÐAIRWORTHINESS (2) For airplanes identified as Group 2 in directive (AD) that is applicable to DIRECTIVES the service bulletin: Accomplish paragraph certain McDonnell Douglas Model MD– (a)(2)(i) or (a)(2)(ii) of this AD, as applicable. 11 series airplanes. This proposal would 1. The authority citation for part 39 (i) If no damaged or chafed wire is found, require a one-time visual inspection of continues to read as follows: within 1 year after the effective date of this the 90 percent brake pedal position Authority: 49 U.S.C. 106(g), 40113, 44701. AD, revise the wire bundle support clamp switch to determine if certain date codes installation at the observer’s station in are present; and corrective action, if § 39.13 [Amended] accordance with the service bulletin. necessary. This proposal is prompted by 2. Section 39.13 is amended by (ii) If any damaged or chafed wire is found, reports indicating that the threaded adding the following new airworthiness prior to further flight, repair the wiring, and insert connectors pulled free from the directive: revise the wire bundle support clamp casing of the 90 percent brake pedal installation at the observer’s station in McDonnell Douglas: Docket 99–NM–171– position switch, which allowed the AD. accordance with the service bulletin. insert connector contact to burn through Applicability: Model MD–11 series Alternative Methods of Compliance the nose wheel steering cable. The airplanes, as listed in McDonnell Douglas actions specified by the proposed AD Alert Service Bulletin MD11–24A041, (b) An alternative method of compliance or adjustment of the compliance time that are intended to prevent the threaded Revision 01, dated April 26, 1999; insert connector from pulling free from certificated in any category. provides an acceptable level of safety may be used if approved by the Manager, Los the casing of the 90 percent brake pedal Note 1: This AD applies to each airplane position switch and burning through the identified in the preceding applicability Angeles Aircraft Certification Office (ACO), provision, regardless of whether it has been FAA, Transport Airplane Directorate. nose wheel steering cable, which could modified, altered, or repaired in the area Operators shall submit their requests through result in reduced aircraft directional subject to the requirements of this AD. For an appropriate FAA Principal Maintenance control while on the ground. airplanes that have been modified, altered, or Inspector, who may add comments and then DATES: Comments must be received by repaired so that the performance of the send it to the Manager, Los Angeles ACO. December 13, 1999. requirements of this AD is affected, the ADDRESSES: owner/operator must request approval for an Note 3: Information concerning the Submit comments in alternative method of compliance in existence of approved alternative methods of triplicate to the Federal Aviation accordance with paragraph (b) of this AD. compliance with this AD, if any, may be Administration (FAA), Transport The request should include an assessment of obtained from the Los Angeles ACO. Airplane Directorate, ANM–114, the effect of the modification, alteration, or Attention: Rules Docket No. 99–NM– repair on the unsafe condition addressed by Special Flight Permits 174–AD, 1601 Lind Avenue, SW., this AD; and, if the unsafe condition has not (c) Special flight permits may be issued in Renton, Washington 98055–4056. been eliminated, the request should include accordance with §§ 21.197 and 21.199 of the Comments may be inspected at this specific proposed actions to address it. Federal Aviation Regulations (14 CFR 21.197 location between 9:00 a.m. and 3:00 Compliance: Required as indicated, unless and 21.199) to operate the airplane to a p.m., Monday through Friday, except accomplished previously. location where the requirements of this AD Federal holidays. To prevent the wire bundle contained in can be accomplished. the feedthrough from contacting the bottom The service information referenced in Issued in Renton, Washington, on October of the feedthrough which could cause cable the proposed rule may be obtained from chafing, electrical arcing, and smoke or fire 20, 1999. Boeing Commercial Aircraft Group, in the cockpit, accomplish the following: D.L. Riggin, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California Inspection and Modification Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 90846, Attention: Technical (a) Within 1 year after the effective date of [FR Doc. 99–27942 Filed 10–26–99; 8:45 am] Publications Business Administration, this AD, perform a one-time detailed visual Dept. C1–L51 (2–60). This information inspection of the wire bundle installation BILLING CODE 4910±13±U behind the first observer’s station to detect may be examined at the FAA, Transport damaged or chafed wires, in accordance with Airplane Directorate, 1601 Lind McDonnell Douglas Alert Service Bulletin Avenue, SW., Renton, Washington; or at MD11–24A041, Revision 01, dated April 26, the FAA, Transport Airplane 1999. Directorate, Los Angeles Aircraft

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Certification Office, 3960 Paramount cable. These incidents occurred on per airplane to accomplish the proposed Boulevard, Lakewood, California. McDonnell Douglas Model MD–11 actions, and that the average labor rate FOR FURTHER INFORMATION CONTACT: series airplanes. This condition was is $60 per work hour. Based on these Brett Portwood, Aerospace Engineer, caused by the switch manufacturer figures, the cost impact of the proposed Systems and Equipment Branch, ANM– casting oversize holes in the casing. AD on U.S. operators is estimated to be 130L, FAA, Transport Airplane Casing holes that are too large can allow $1,980, or $60 per airplane. threaded insert connectors to pull free Directorate, Los Angeles Aircraft The cost impact figure discussed Certification Office, 3960 Paramount from the casing of the 90 percent brake pedal position switch and burn through above is based on assumptions that no Boulevard, Lakewood, California operator has yet accomplished any of 90712–4137; telephone (562) 627–5350; the nose wheel steering cable. This the proposed requirements of this AD fax (562) 627–5210. condition, if not corrected, could result in reduced aircraft directional control action, and that no operator would SUPPLEMENTARY INFORMATION: while on the ground. accomplish those actions in the future if this AD were not adopted. However, the Comments Invited These incidents are not considered to be related to an accident that occurred FAA has been advised that Interested persons are invited to off the coast of Nova Scotia involving a manufacturer warranty remedies are participate in the making of the McDonnell Douglas Model MD–11 available for some labor costs associated proposed rule by submitting such series airplane. The cause of that with accomplishing the proposed written data, views, or arguments as accident is still under investigation. actions. Therefore, the future economic they may desire. Communications shall cost impact of this rule on U.S. Other Related Rulemaking identify the Rules Docket number and operators may be less than the cost be submitted in triplicate to the address The FAA, in conjunction with Boeing impact figures indicated above. specified above. All communications and operators of Model MD–11 series received on or before the closing date airplanes, is continuing to review all Regulatory Impact for comments, specified above, will be aspects of the service history of those The regulations proposed herein considered before taking action on the airplanes to identify potential unsafe would not have substantial direct effects proposed rule. The proposals contained conditions and to take appropriate in this notice may be changed in light corrective actions. This proposed AD is on the States, on the relationship of the comments received. one of a series of actions identified between the national government and Comments are specifically invited on during that process. The process is the States, or on the distribution of the overall regulatory, economic, continuing and the FAA may consider power and responsibilities among the environmental, and energy aspects of additional rulemaking actions as further various levels of government. Therefore, the proposed rule. All comments results of the review become available. in accordance with Executive Order submitted will be available, both before 12612, it is determined that this and after the closing date for comments, Explanation of Relevant Service proposal would not have sufficient in the Rules Docket for examination by Information federalism implications to warrant the interested persons. A report The FAA has reviewed and approved preparation of a Federalism Assessment. summarizing each FAA-public contact McDonnell Douglas Alert Service For the reasons discussed above, I concerned with the substance of this Bulletin MD11–24A071, Revision 01, certify that this proposed regulation (1) proposal will be filed in the Rules dated May 20, 1999, which describes is not a ‘‘significant regulatory action’’ Docket. procedures for a one-time visual under Executive Order 12866; (2) is not Commenters wishing the FAA to inspection of the 90 percent brake pedal a ‘‘significant rule’’ under the DOT acknowledge receipt of their comments position switch to determine if certain Regulatory Policies and Procedures (44 submitted in response to this notice manufacturer’s date codes are present, FR 11034, February 26, 1979); and (3) if must submit a self-addressed, stamped and corrective action, if necessary. The postcard on which the following corrective action involves replacement promulgated, will not have a significant statement is made: ‘‘Comments to of the 90 percent brake pedal switch economic impact, positive or negative, Docket Number 99–NM–174–AD.’’ The with a new switch. Accomplishment of on a substantial number of small entities postcard will be date stamped and the actions specified in the service under the criteria of the Regulatory returned to the commenter. bulletin is intended to adequately Flexibility Act. A copy of the draft address the identified unsafe condition. regulatory evaluation prepared for this Availability of NPRMs action is contained in the Rules Docket. Any person may obtain a copy of this Explanation of Requirements of A copy of it may be obtained by NPRM by submitting a request to the Proposed Rule contacting the Rules Docket at the FAA, Transport Airplane Directorate, Since an unsafe condition has been location provided under the caption ANM–114, Attention: Rules Docket No. identified that is likely to exist or ADDRESSES. 99–NM–174–AD, 1601 Lind Avenue, develop on other products of this same SW., Renton, Washington 98055–4056. type design, the proposed AD would List of Subjects in 14 CFR Part 39 require accomplishment of the actions Discussion Air transportation, Aircraft, Aviation specified in the service bulletin safety, Safety. As part of its practice of re-examining described previously. all aspects of the service experience of The Proposed Amendment a particular aircraft whenever an Cost Impact accident occurs, the FAA discovered There are approximately 91 airplanes Accordingly, pursuant to the instances of threaded insert connectors of the affected design in the worldwide authority delegated to me by the pulling free from the casing of the 90 fleet. The FAA estimates that 33 Administrator, the Federal Aviation percent brake pedal position switch and airplanes of U.S. registry would be Administration proposes to amend part allowing the insert connector contact to affected by this proposed AD, that it 39 of the Federal Aviation Regulations burn through the nose wheel steering would take approximately 1 work hour (14 CFR part 39) as follows:

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PART 39ÐAIRWORTHINESS FAA, Transport Airplane Directorate. Administration (FAA), Transport DIRECTIVES Operators shall submit their requests through Airplane Directorate, ANM–114, an appropriate FAA Principal Maintenance Attention: Rules Docket No. 99–NM– 1. The authority citation for part 39 Inspector, who may add comments and then 169–AD, 1601 Lind Avenue, SW., send it to the Manager, Los Angeles ACO. continues to read as follows: Renton, Washington 98055–4056. Authority: 49 U.S.C. 106(g), 40113, 44701. Note 2: Information concerning the Comments may be inspected at this existence of approved alternative methods of location between 9:00 a.m. and 3:00 § 39.13 [Amended] compliance with this AD, if any, may be obtained from the Los Angeles ACO. p.m., Monday through Friday, except 2. Section 39.13 is amended by Federal holidays. adding the following new airworthiness Special Flight Permits The service information referenced in directive: the proposed rule may be obtained from McDonnel Douglas: Docket 99–NM–174–AD. (d) Special flight permits may be issued in Applicability: Model MD–11 series accordance with §§ 21.197 and 21.199 of the Boeing Commercial Aircraft Group, airplanes, as listed in McDonnell Douglas Federal Aviation Regulations (14 CFR 21.197 Long Beach Division, 3855 Lakewood Alert Service Bulletin MD11–24A071, and 21.199) to operate the airplane to a Boulevard, Long Beach, California Revision 01, dated May 20, 1999; certificated location where the requirements of this AD 90846, Attention: Technical in any category. can be accomplished. Publications Business Administration, Note 1: This AD applies to each airplane Issued in Renton, Washington, on October Dept. C1–L51 (2–60). This information identified in the preceding applicability 20, 1999. may be examined at the FAA, Transport provision, regardless of whether it has been D. L. Riggin, Airplane Directorate, 1601 Lind modified, altered, or repaired in the area Acting Manager, Transport Airplane Avenue, SW., Renton, Washington; or at subject to the requirements of this AD. For Directorate, Aircraft Certification Service. the FAA, Transport Airplane airplanes that have been modified, altered, or [FR Doc. 99–27943 Filed 10–26–99; 8:45 am] repaired so that the performance of the Directorate, Los Angeles Aircraft requirements of this AD is affected, the BILLING CODE 4910±13±U Certification Office, 3960 Paramount owner/operator must request approval for an Boulevard, Lakewood, California. alternative method of compliance in FOR FURTHER INFORMATION CONTACT: accordance with paragraph (c) of this AD. DEPARTMENT OF TRANSPORTATION Brett Portwood, Technical Specialist, The request should include an assessment of Federal Aviation Administration Systems Safety and Integration, Systems the effect of the modification, alteration, or and Equipment Branch, ANM–130L, repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not 14 CFR Part 39 FAA, Transport Airplane Directorate, been eliminated, the request should include Los Angeles Aircraft Certification specific proposed actions to address it. [Docket No. 99±NM±169±AD] Office, 3960 Paramount Boulevard, Compliance: Required as indicated, unless RIN 2120±AA64 Lakewood, California 90712–4137; accomplished previously. telephone (562) 627–5350; fax (562) To prevent the threaded insert connector Airworthiness Directives; McDonnell 627–5210. from pulling free from the casing of the 90 Douglas Model MD±11 Series SUPPLEMENTARY INFORMATION: percent brake pedal position switch and Airplanes burning through the nose wheel steering Comments Invited cable, which could result in reduced aircraft AGENCY: Federal Aviation Interested persons are invited to directional control while on the ground, Administration, DOT. accomplish the following: participate in the making of the (a) For airplanes on which McDonnell ACTION: Notice of proposed rulemaking proposed rule by submitting such Douglas Service Bulletin MD11–24–71, dated (NPRM). written data, views, or arguments as , 1994, has not been accomplished: they may desire. Communications shall SUMMARY: Within 12 months after the effective date of This document proposes the identify the Rules Docket number and this AD, perform a one-time visual inspection adoption of a new airworthiness be submitted in triplicate to the address of the 90 percent brake pedal position switch directive (AD) that is applicable to specified above. All communications to determine the manufacturer’s date code, in certain McDonnell Douglas Model MD– received on or before the closing date accordance with McDonnell Douglas Alert 11 series airplanes. This proposal would Service Bulletin MD11–24A071, Revision 01, for comments, specified above, will be require replacement of 10 amp circuit considered before taking action on the dated May 20, 1999. breakers with 5 amp circuit breakers in (1) If no manufacturer’s date code 8944 proposed rule. The proposals contained through 9033 inclusive is not found on the the left and right windshield anti-ice in this notice may be changed in light 90 percent brake pedal position switch, no power controllers; and replacement of of the comments received. further action is required by this AD. the anti-ice control panel with a new or Comments are specifically invited on (2) If any manufacturer’s date code 8944 modified panel, or modification and the overall regulatory, economic, through 9033 inclusive is found on the 90 reidentification of the anti-ice control environmental, and energy aspects of percent brake pedal position switch, prior to panel. This proposal is prompted by further flight, replace the 90 percent brake the proposed rule. All comments reports of smoke and sparks emanating submitted will be available, both before pedal position switch with a new switch, in from the anti-ice control panel in the accordance with the service bulletin. and after the closing date for comments, (b) As of the effective date of this AD, no cockpit. The actions specified by the in the Rules Docket for examination by person shall install a 90 percent brake pedal proposed AD are intended to prevent interested persons. A report switch that has a manufacturer’s date code of burnt internal circuit boards caused by summarizing each FAA-public contact 8944 through 9033 inclusive, on any a short in either the engine or airfoil concerned with the substance of this airplane. anti-ice valve, or the windshield anti-ice proposal will be filed in the Rules Alternative Methods of Compliance controller, which could result in smoke Docket. in the cockpit. Commenters wishing the FAA to (c) An alternative method of compliance or DATES: Comments must be received by adjustment of the compliance time that acknowledge receipt of their comments provides an acceptable level of safety may be December 13, 1999. submitted in response to this notice used if approved by the Manager, Los ADDRESSES: Submit comments in must submit a self-addressed, stamped Angeles Aircraft Certification Office (ACO), triplicate to the Federal Aviation postcard on which the following

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FR 11034, February 26, 1979); and (3) if Proposed Rule promulgated, will not have a significant Availability of NPRMs Since an unsafe condition has been economic impact, positive or negative, Any person may obtain a copy of this identified that is likely to exist or on a substantial number of small entities NPRM by submitting a request to the develop on other products of this same under the criteria of the Regulatory FAA, Transport Airplane Directorate, type design, the proposed AD would Flexibility Act. A copy of the draft ANM–114, Attention: Rules Docket No. require accomplishment of the actions regulatory evaluation prepared for this 99–NM–169–AD, 1601 Lind Avenue, specified in the service bulletin action is contained in the Rules Docket. SW., Renton, Washington 98055–4056. described previously. A copy of it may be obtained by Discussion Cost Impact contacting the Rules Docket at the location provided under the caption There are approximately 130 As part of its practice of re-examining ADDRESSES. all aspects of the service experience of airplanes of the affected design in the a particular aircraft whenever an worldwide fleet. The FAA estimates that List of Subjects in 14 CFR Part 39 accident occurs, the FAA has become 41 airplanes of U.S. registry would be Air transportation, Aircraft, Aviation aware of several incidents of smoke and affected by this proposed AD, that it safety, Safety. sparks emanating from the anti-ice would take approximately 3 work hours control panel in the cockpit. These per airplane (if the anti-ice control panel The Proposed Amendment incidents occurred on McDonnell is replaced) or 10 work hours per Douglas Model MD–11 series airplanes. airplane (if the anti-ice control panel is Accordingly, pursuant to the Investigation revealed that a short modified and reidentified) to authority delegated to me by the occurred in either the engine or airfoil accomplish the proposed actions, and Administrator, the Federal Aviation anti-ice valve, or windshield anti-ice that the average labor rate is $60 per Administration proposes to amend part controller. This short caused certain work hour. Honeywell has committed 39 of the Federal Aviation Regulations internal circuit boards to burn. This previously to its customers that it will (14 CFR part 39) as follows: condition, if not corrected, could burn bear the cost of replacement parts. As a the internal circuit boards, which could result, the cost of those parts are not PART 39ÐAIRWORTHINESS result in smoke and sparks emanating attributable to this proposed AD. Based DIRECTIVES from the anti-ice control panel and on these figures, the cost impact of the 1. The authority citation for part 39 consequent smoke in the cockpit. proposed AD on U.S. operators is continues to read as follows: These incidents are not considered to estimated to be between $7,380 and be related to an accident that occurred $24,600; or between $180 and $600 per Authority: 49 U.S.C. 106(g), 40113, 44701. off the coast of Nova Scotia involving a airplane. § 39.13 [Amended] McDonnell Douglas Model MD–11 The cost impact figures discussed series airplane. The cause of that above are based on assumptions that no 2. Section 39.13 is amended by accident is still under investigation. operator has yet accomplished any of adding the following new airworthiness the proposed requirements of this AD directive: Other Related Rulemaking action, and that no operator would McDonnell Douglas: Docket 99–NM–169– The FAA, in conjunction with Boeing accomplish those actions in the future if AD. and operators of Model MD–11 series this AD were not adopted. However, the Applicability: Model MD–11 series airplanes, is continuing to review all FAA has been advised by Honeywell airplanes, as listed in McDonnell Douglas aspects of the service history of those that warranty remedies are available for Alert Service Bulletin MD11–30A020, airplanes to identify potential unsafe some of the labor costs associated with Revision 03, dated , 1999; certificated conditions and to take appropriate accomplishing the modification of the in any category. corrective actions. This proposed AD is anti-ice control panel required by the Note 1: This AD applies to each airplane one of a series of actions identified proposed AD. Therefore, the future identified in the preceding applicability during that process. The process is economic cost impact of this rule on provision, regardless of whether it has been modified, altered, or repaired in the area continuing and the FAA may consider U.S. operators may be less than the cost additional rulemaking actions as further subject to the requirements of this AD. For impact figures indicated above. airplanes that have been modified, altered, or results of the review become available. Regulatory Impact repaired so that the performance of the requirements of this AD is affected, the Explanation of Relevant Service The regulations proposed herein Information owner/operator must request approval for an would not have substantial direct effects alternative method of compliance in The FAA has reviewed and approved on the States, on the relationship accordance with paragraph (c) of this AD. McDonnell Douglas Alert Service between the national government and The request should include an assessment of Bulletin MD11–30A020, Revision 03 the States, or on the distribution of the effect of the modification, alteration, or dated, May 5, 1999, which describes power and responsibilities among the repair on the unsafe condition addressed by procedures for replacement of 10 amp various levels of government. Therefore, this AD; and, if the unsafe condition has not circuit breakers with 5 amp circuit been eliminated, the request should include in accordance with Executive Order specific proposed actions to address it. breakers in the left and right windshield 12612, it is determined that this anti-ice power controllers; and Compliance: Required as indicated, unless proposal would not have sufficient accomplished previously. replacement of the anti-ice control panel federalism implications to warrant the To prevent burnt internal circuit boards with a new or modified panel, or preparation of a Federalism Assessment. caused by a short in either the engine or modification and reidentification of the For the reasons discussed above, I airfoil anti-ice valve, or windshield anti-ice anti-ice control panel. Accomplishment certify that this proposed regulation (1) controller, which could result in smoke in of the actions specified in the service is not a ‘‘significant regulatory action’’ the cockpit, accomplish the following:

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Replacement and Modification DEPARTMENT OF TRANSPORTATION 90712–4137; telephone (562) 627–5350; (a) Within 1 year after the effective date of fax (562) 627–5210. this AD, replace the 10 amp circuit breakers Federal Aviation Administration SUPPLEMENTARY INFORMATION: with 5 amp circuit breakers in the left and 14 CFR Part 39 right windshield anti-ice power controllers, Comments Invited and accomplish either paragraph (a)(1) or [Docket No. 99±NM±172±AD] Interested persons are invited to (a)(2) of this AD, in accordance with participate in the making of the McDonnell Douglas Alert Service Bulletin RIN 2120±AA64 proposed rule by submitting such MD11–30A020 Revision 03, dated May 5, written data, views, or arguments as 1999. Airworthiness Directives; McDonnell they may desire. Communications shall (1) Option 1. Replace the anti-ice control Douglas Model MD±11 Series identify the Rules Docket number and panel and return the panel to Honeywell Inc. Airplanes be submitted in triplicate to the address for modification and reidentification in specified above. All communications AGENCY: Federal Aviation accordance with Option 1 of the service received on or before the closing date Administration, DOT. bulletin. for comments, specified above, will be (2) Option 2. Modify and reidentify the ACTION: Notice of proposed rulemaking considered before taking action on the anti-ice control panel in accordance with (NPRM). proposed rule. The proposals contained Option 2 of the service bulletin. SUMMARY: This document proposes the in this notice may be changed in light Note 2: Replacements, modifications, and adoption of a new airworthiness of the comments received. reidentifications accomplished prior to the Comments are specifically invited on effective date of this AD in accordance with directive (AD) that is applicable to certain McDonnell Douglas Model MD– the overall regulatory, economic, McDonnell Douglas Service Bulletin MD11– environmental, and energy aspects of 30–020, dated , 1995; Revision 01, 11 series airplanes. This proposal would require modification of the battery the proposed rule. All comments dated , 1996; or Revision 02, submitted will be available, both before dated , 1997; are considered ground cable installation in the center accessory compartment. This proposal and after the closing date for comments, acceptable for compliance with the in the Rules Docket for examination by requirements of paragraph (a) of this AD. is prompted by reports of battery ground studs that had arced due to loose ground interested persons. A report Spares stud attachments. The actions specified summarizing each FAA-public contact (b) As of the effective date of this AD, no by the proposed AD are intended to concerned with the substance of this person shall install an anti-ice control panel, prevent such arcing, which could cause proposal will be filed in the Rules part number 4059030–901 or –902, on any smoke and/or fire in the center Docket. airplane, unless it has been modified and accessory compartment. Commenters wishing the FAA to acknowledge receipt of their comments reidentified as part number 4059030–911 or DATES: Comments must be received by submitted in response to this notice –912, in accordance with paragraph (a)(1) or December 13, 1999. (a)(2) of this AD. must submit a self-addressed, stamped ADDRESSES: Submit comments in postcard on which the following Alternative Methods of Compliance triplicate to the Federal Aviation statement is made: ‘‘Comments to (c) An alternative method of compliance or Administration (FAA), Transport Docket Number 99–NM–172–AD.’’ The adjustment of the compliance time that Airplane Directorate, ANM–114, postcard will be date stamped and provides an acceptable level of safety may be Attention: Rules Docket No. 99–NM– returned to the commenter. used if approved by the Manager, Los 172–AD, 1601 Lind Avenue, SW., Angeles Aircraft Certification Office (ACO), Renton, Washington 98055–4056. Availability of NPRMs FAA, Transport Airplane Directorate. Comments may be inspected at this Any person may obtain a copy of this Operators shall submit their requests through location between 9:00 a.m. and 3:00 NPRM by submitting a request to the an appropriate FAA Principal Maintenance p.m., Monday through Friday, except FAA, Transport Airplane Directorate, Inspector, who may add comments and then Federal holidays. ANM–114, Attention: Rules Docket No. send it to the Manager, Los Angeles ACO. The service information referenced in 99–NM–172–AD, 1601 Lind Avenue, Note 3: Information concerning the the proposed rule may be obtained from SW., Renton, Washington 98055–4056. Boeing Commercial Aircraft Group, existence of approved alternative methods of Discussion compliance with this AD, if any, may be Long Beach Division, 3855 Lakewood obtained from the Los Angeles ACO. Boulevard, Long Beach, California As part of its practice of re-examining 90846, Attention: Technical all aspects of the service experience of Special Flight Permits Publications Business Administration, a particular aircraft whenever an (d) Special flight permits may be issued in Dept. C1–L51 (2–60). This information accident occurs, the FAA has become accordance with §§ 21.197 and 21.199 of the may be examined at the FAA, Transport aware of battery ground studs that had Federal Aviation Regulations (14 CFR 21.197 Airplane Directorate, 1601 Lind arced on McDonnell Douglas Model and 21.199) to operate the airplane to a Avenue, SW., Renton, Washington; or at MD–11 series airplanes. The cause of location where the requirements of this AD the FAA, Transport Airplane arcing of the battery ground studs has can be accomplished. Directorate, Los Angeles Aircraft been attributed to loose ground stud Issued in Renton, Washington, on October Certification Office, 3960 Paramount attachments. This condition, if not 20, 1999. Boulevard, Lakewood, California. corrected, could cause smoke and/or fire D.L. Riggin, FOR FURTHER INFORMATION CONTACT: in the center accessory compartment. Acting Manager, Transport Airplane Brett Portwood, Technical Specialist, These incidents are not considered to Directorate, Aircraft Certification Service. Systems and Equipment Branch, ANM– be related to an accident that occurred [FR Doc. 99–27944 Filed 10–26–99; 8:45 am] 130L, FAA, Transport Airplane off the coast of Nova Scotia involving a Directorate, Los Angeles Aircraft McDonnell Douglas Model MD–11 BILLING CODE 4910±13±U Certification Office, 3960 Paramount series airplane. The cause of that Boulevard, Lakewood, California accident is still under investigation.

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Other Related Rulemaking The cost impact figures discussed § 39.13 [Amended] The FAA, in conjunction with Boeing above are based on assumptions that no 2. Section 39.13 is amended by and operators of Model MD–11 series operator has yet accomplished any of adding the following new airworthiness airplanes, is continuing to review all the proposed requirements of this AD directive: aspects of the service history of those action, and that no operator would McDonnell Douglas: Docket 99–NM–172– airplanes to identify potential unsafe accomplish those actions in the future if AD. conditions and to take appropriate this AD were not adopted. However, the Applicability: Model MD–11 series corrective actions. This proposed AD is FAA has been advised that airplanes, as listed in McDonnell Douglas Alert Service Bulletin MD11–24A141, one of a series of actions identified manufacturer warranty remedies are available for some labor costs associated Revision 01, dated , 1999; during that process. The process is certificated in any category. with accomplishing the proposed continuing and the FAA may consider Note 1: This AD applies to each airplane additional rulemaking actions as further actions. Therefore, the future economic identified in the preceding applicability results of the review become available. cost impact of this rule on U.S. provision, regardless of whether it has been operators may be less than the cost modified, altered, or repaired in the area Explanation of Relevant Service impact figures indicated above. subject to the requirements of this AD. For Information airplanes that have been modified, altered, or Regulatory Impact The FAA has reviewed and approved repaired so that the performance of the McDonnell Douglas Alert Service requirements of this AD is affected, the The regulations proposed herein owner/operator must request approval for an Bulletin MD11–24A141, dated May 17, would not have substantial direct effects alternative method of compliance in 1999, and Revision 01, dated August 23, on the States, on the relationship accordance with paragraph (b) of this AD. 1999, which describes procedures for between the national government and The request should include an assessment of modifying the battery ground cable the States, or on the distribution of the effect of the modification, alteration, or installation in the center accessory power and responsibilities among the repair on the unsafe condition addressed by compartment. This modification this AD; and, if the unsafe condition has not various levels of government. Therefore, been eliminated, the request should include includes: modifying, reidentifying, and in accordance with Executive Order installing a bracket assembly; trimming specific proposed actions to address it. 12612, it is determined that this Compliance: Required as indicated, unless of a name plate; plugging open holes; proposal would not have sufficient installing a support assembly and accomplished previously. federalism implications to warrant the To prevent arcing of the battery ground clamp; and connecting the battery preparation of a Federalism Assessment. studs, which could cause smoke and/or fire ground cable with improved in the center accessory compartment, attachments. Accomplishment of the For the reasons discussed above, I accomplish the following: actions specified in the service bulletin certify that this proposed regulation (1) (a) For airplanes on which McDonnell is intended to adequately address the is not a ‘‘significant regulatory action’’ Douglas Service Bulletin MD11–24–090, identified unsafe condition. under Executive Order 12866; (2) is not dated August, 28, 1997; Revision 1, dated a ‘‘significant rule’’ under the DOT , 1998; or Revision 2, dated May 17, Explanation of Requirements of Regulatory Policies and Procedures (44 1999; has not been accomplished: Within 1 Proposed Rule FR 11034, February 26, 1979); and (3) if year after the effective date of this AD, accomplish the modification of the battery Since an unsafe condition has been promulgated, will not have a significant ground cable installation in the center identified that is likely to exist or economic impact, positive or negative, accessory compartment specified in develop on other products of this same on a substantial number of small entities paragraph (a)(1) or (a)(2) of this AD, in type design, the proposed AD would under the criteria of the Regulatory accordance with McDonnell Douglas Alert require accomplishment of the actions Flexibility Act. A copy of the draft Service Bulletin MD11–24A141, dated May specified in the service bulletin regulatory evaluation prepared for this 17, 1999, or Revision 01, dated August 23, described previously. action is contained in the Rules Docket. 1999. A copy of it may be obtained by (1) Option 1 (Bracket Assembly Cost Impact Modification). Modify, reidentify, and install contacting the Rules Docket at the a modified bracket assembly; trim the There are approximately 142 location provided under the caption nameplate; plug open holes; install the airplanes of the affected design in the ADDRESSES. support assembly and clamp; and connect worldwide fleet. The FAA estimates that the battery ground cable with improved 30 airplanes of U.S. registry would be List of Subjects in 14 CFR Part 39 attachments. (2) Option 2 (Bracket Assembly affected by this proposed AD, that it Air transportation, Aircraft, Aviation would take approximately 3 work hours Replacement). Install a new bracket safety, Safety. per airplane (for Option 1; bracket assembly; plug open holes; install the assembly modification) or 2 work hours The Proposed Amendment support assembly and clamp; and connect the battery ground cable with improved per airplane (for Option 2; bracket attachments. assembly replacement) to accomplish Accordingly, pursuant to the the proposed AD, and that the average authority delegated to me by the Alternative Methods of Compliance labor rate is $60 per work hour. Administrator, the Federal Aviation (b) An alternative method of compliance or Required parts would cost Administration proposes to amend part adjustment of the compliance time that approximately $1,204 per airplane for 39 of the Federal Aviation Regulations provides an acceptable level of safety may be Option 1, or $2,115 per airplane for (14 CFR part 39) as follows: used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), Option 2. Based on these figures, the FAA, Transport Airplane Directorate. cost impact of the proposed AD on U.S. PART 39ÐAIRWORTHINESS DIRECTIVES Operators shall submit their requests through operators for Option 1 is estimated to be an appropriate FAA Principal Maintenance $41,520, or $1,384 per airplane. The Inspector, who may add comments and then cost impact of the proposed AD on U.S. 1. The authority citation for part 39 send it to the Manager, Los Angeles ACO. continues to read as follows: operators for Option 2 is estimated to be Note 2: Information concerning the $67,050, or $2,235 per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. existence of approved alternative methods of

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57822 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules compliance with this AD, if any, may be The service information referenced in 99–NM–170–AD, 1601 Lind Avenue, obtained from the Los Angeles ACO. the proposed rule may be obtained from SW., Renton, Washington 98055–4056. Boeing Commercial Aircraft Group, Special Flight Permits Discussion (c) Special flight permits may be issued in Long Beach Division, 3855 Lakewood accordance with §§ 21.197 and 21.199 of the Boulevard, Long Beach, California As part of its practice of re-examining Federal Aviation Regulations (14 CFR 21.197 90846, Attention: Technical all aspects of the service experience of and 21.199) to operate the airplane to a Publications Business Administration, a particular aircraft whenever an location where the requirements of this AD Dept. C1–L51 (2–60). This information accident occurs, the FAA has become can be accomplished. may be examined at the FAA, Transport aware of loose terminal attachment Issued in Renton, Washington, on October Airplane Directorate, 1601 Lind hardware on the air driven generator 20, 1999. Avenue, SW., Renton, Washington; or at (ADG) power monitor relay. This D. L. Riggin, the FAA, Transport Airplane incident occurred on a Model MD–11 Acting Manager, Transport Airplane Directorate, Los Angeles Aircraft series airplane during a heavy Directorate, Aircraft Certification Service. Certification Office, 3960 Paramount maintenance check. [FR Doc. 99–27945 Filed 10–26–99; 8:45 am] Boulevard, Lakewood, California. A subsequent inspection found other airplanes with similar loose terminal BILLING CODE 4910±13±U FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer, attachment hardware with internally Systems and Equipment Branch, ANM– broken lugs, including one airplane DEPARTMENT OF TRANSPORTATION 130L, FAA, Transport Airplane with a broken wire. During a Boeing investigation of production airplanes, it Federal Aviation Administration Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount was revealed that the wire assembly connected to the ADG was installed 14 CFR Part 39 Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5350; with no slack, which caused a stress [Docket No. 99±NM±170±AD] fax (562) 627–5210. condition on the terminal attachment RIN 2120±AA64 points, and resultant loose terminals SUPPLEMENTARY INFORMATION: and loss of the charging capability of the Airworthiness Directives; McDonnell Comments Invited ADG. This condition, coupled with a loss of all normal electrical power, if not Douglas Model MD±11 Series Interested persons are invited to corrected, could prevent continued safe Airplanes participate in the making of the flight and landing of the airplane. AGENCY: Federal Aviation proposed rule by submitting such This incident is not considered to be Administration, DOT. written data, views, or arguments as related to an accident that occurred off ACTION: Notice of proposed rulemaking they may desire. Communications shall the coast of Nova Scotia involving a (NPRM). identify the Rules Docket number and McDonnell Douglas Model MD–11 be submitted in triplicate to the address series airplane. The cause of that SUMMARY: This document proposes the specified above. All communications accident is still under investigation. adoption of a new airworthiness received on or before the closing date directive (AD) that is applicable to for comments, specified above, will be Other Related Rulemaking certain McDonnell Douglas Model MD– considered before taking action on the The FAA, in conjunction with Boeing 11 series airplanes. This proposal would proposed rule. The proposals contained and operators of Model MD–11 series require replacement of the air driven in this notice may be changed in light airplanes, is continuing to review all generator (ADG) wire assembly with a of the comments received. aspects of the service history of those new, increased length wire assembly. Comments are specifically invited on airplanes to identify potential unsafe This proposal is prompted by a report the overall regulatory, economic, conditions and to take appropriate of loose terminal attachment hardware environmental, and energy aspects of corrective actions. This proposal is one on the ADG power monitor relay due to the proposed rule. All comments of a series of proposed actions identified a stress condition on the terminal submitted will be available, both before during that process. The process is attachment points. The actions specified and after the closing date for comments, continuing and the FAA may consider by the proposed AD are intended to in the Rules Docket for examination by additional rulemaking actions as further prevent loss of the charging capability of interested persons. A report results of the review become available. the aircraft battery. Loss of the charging summarizing each FAA-public contact capability of the aircraft battery, concerned with the substance of this Explanation of Relevant Service coupled with a loss of all normal proposal will be filed in the Rules Information electrical power, could prevent Docket. The FAA has reviewed and approved continued safe flight and landing of the Commenters wishing the FAA to McDonnell Douglas Service Bulletins airplane. acknowledge receipt of their comments MD11–24–128, dated , DATES: Comments must be received by submitted in response to this notice 1998, and Revision 1, dated , December 13, 1999. must submit a self-addressed, stamped 1999, which describes procedures for ADDRESSES: Submit comments in postcard on which the following replacement of the ADG wire assembly triplicate to the Federal Aviation statement is made: ‘‘Comments to with a new, increased length wire Administration (FAA), Transport Docket Number 99–NM–170–AD.’’ The assembly. Accomplishment of the action Airplane Directorate, ANM–114, postcard will be date stamped and specified in the service bulletin is Attention: Rules Docket No. 99–NM– returned to the commenter. intended to adequately address the 170–AD, 1601 Lind Avenue, SW., identified unsafe condition. Renton, Washington 98055–4056. Availability of NPRMs Comments may be inspected at this Any person may obtain a copy of this Explanation of Requirements of location between 9 a.m. and 3 p.m., NPRM by submitting a request to the Proposed Rule Monday through Friday, except Federal FAA, Transport Airplane Directorate, Since an unsafe condition has been holidays. ANM–114, Attention: Rules Docket No. identified that is likely to exist or

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57823 develop on other products of this same Administration proposes to amend part Special Flight Permits type design, the proposed AD would 39 of the Federal Aviation Regulations (c) Special flight permits may be issued in require accomplishment of the actions (14 CFR part 39) as follows: accordance with §§ 21.197 and 21.199 of the specified in the service bulletin Federal Aviation Regulations (14 CFR 21.197 described previously. PART 39ÐAIRWORTHINESS and 21.199) to operate the airplane to a DIRECTIVES location where the requirements of this AD Cost Impact can be accomplished. There are approximately 180 1. The authority citation for part 39 Issued in Renton, Washington, on October airplanes of the affected design in the continues to read as follows: 20, 1999. worldwide fleet. The FAA estimates that Authority: 49 U.S.C. 106(g), 40113, 44701. D.L. Riggin, 60 airplanes of U.S. registry would be Acting Manager, Transport Airplane affected by this proposed AD, that it § 39.13 [Amended] Directorate, Aircraft Certification Service. would take approximately 1 work hour 2. Section 39.13 is amended by [FR Doc. 99–27946 Filed 10–26–99; 8:45 am] per airplane to accomplish the proposed adding the following new airworthiness BILLING CODE 4910±13±U replacement, and that the average labor directive: rate is $60 per work hour. Required McDonnell Douglas: Docket 99–NM–170– DEPARTMENT OF TRANSPORTATION parts would cost approximately $786 AD. per airplane. Based on these figures, the Applicability: Model MD–11 series Federal Aviation Administration cost impact of the proposed AD on U.S. airplanes, as listed in McDonnell Douglas operators is estimated to be $50,760, or Service Bulletin MD11–24–128, Revision 1, 14 CFR Part 39 $846 per airplane. dated July 30, 1999; certificated in any The cost impact figure discussed category. [Docket No. 99±NM±173±AD] above is based on assumptions that no Note 1: This AD applies to each airplane RIN 2120±AA64 operator has yet accomplished any of identified in the preceding applicability the proposed requirements of this AD provision, regardless of whether it has been Airworthiness Directives; McDonnell action, and that no operator would modified, altered, or repaired in the area Douglas Model MD±11 and MD±11F accomplish those actions in the future if subject to the requirements of this AD. For Series Airplanes this AD were not adopted. airplanes that have been modified, altered, or repaired so that the performance of the AGENCY: Federal Aviation Regulatory Impact requirements of this AD is affected, the Administration, DOT. The regulations proposed herein owner/operator must request approval for an alternative method of compliance in ACTION: Notice of proposed rulemaking would not have substantial direct effects accordance with paragraph (b) of this AD. (NPRM). on the States, on the relationship The request should include an assessment of between the national government and the effect of the modification, alteration, or SUMMARY: This document proposes the the States, or on the distribution of repair on the unsafe condition addressed by adoption of a new airworthiness power and responsibilities among the this AD; and, if the unsafe condition has not directive (AD) that is applicable to various levels of government. Therefore, been eliminated, the request should include certain McDonnell Douglas Model MD– in accordance with Executive Order specific proposed actions to address it. 11 and MD–11F series airplanes. This 12612, it is determined that this Compliance: Required as indicated, unless proposal would require replacement of proposal would not have sufficient accomplished previously. the existing terminal strips and supports federalism implications to warrant the To prevent loss of the charging capability of the air driven generator (ADG), that when above the main cabin area; and preparation of a Federalism Assessment. installation of spacers between terminal For the reasons discussed above, I coupled with a loss of all normal electrical power, could prevent continued safe flight strips and mounting brackets in the certify that this proposed regulation (1) and landing of the airplane, accomplish the avionics compartment; as applicable. Is not a ‘‘significant regulatory action’’ following: This proposal is prompted by a report under Executive Order 12866; (2) Is not Replacement indicating that, during flight, an a ‘‘significant rule’’ under the DOT incident of electrical arcing occurred at Regulatory Policies and Procedures (44 (a) Within 1 year after the effective date of a terminal strip located overhead in the FR 11034, February 26, 1979); and (3) If this AD, replace the ADG wire assembly, part number (P/N) ACS9006–501, with a new, main cabin. The actions specified by the promulgated, will not have a significant proposed AD are intended to prevent economic impact, positive or negative, increased length wire assembly, P/N ACS9006–502, in accordance with electrical arcing caused by power feeder on a substantial number of small entities McDonnell Douglas Service Bulletin MD–11– cable terminal lugs grounding against under the criteria of the Regulatory 24–128, dated September 17, 1998, or terminal strip support brackets, which Flexibility Act. A copy of the draft Revision 1, dated July 30, 1999. could result in smoke and fire in the regulatory evaluation prepared for this main cabin or avionics compartment. action is contained in the Rules Docket. Alternative Methods of Compliance DATES: Comments must be received by A copy of it may be obtained by (b) An alternative method of compliance or December 13, 1999. contacting the Rules Docket at the adjustment of the compliance time that location provided under the caption provides an acceptable level of safety may be ADDRESSES: Submit comments in used if approved by the Manager, Los ADDRESSES. triplicate to the Federal Aviation Angeles Aircraft Certification Office (ACO), Administration (FAA), Transport List of Subjects in 14 CFR Part 39 FAA, Transport Airplane Directorate. Airplane Directorate, ANM–114, Operators shall submit their requests through Air transportation, Aircraft, Aviation an appropriate FAA Principal Maintenance Attention: Rules Docket No. 99–NM– safety, Safety. Inspector, who may add comments and then 173–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. The Proposed Amendment send it to the Manager, Los Angeles ACO. Note 2: Information concerning the Comments may be inspected at this Accordingly, pursuant to the existence of approved alternative methods of location between 9 a.m. and 3 p.m., authority delegated to me by the compliance with this AD, if any, may be Monday through Friday, except Federal Administrator, the Federal Aviation obtained from the Los Angeles ACO. holidays.

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The service information referenced in ANM–114, Attention: Rules Docket No. terminal strips and supports. The FAA the proposed rule may be obtained from 99–NM–173–AD, 1601 Lind Avenue, also has reviewed and approved Boeing Commercial Aircraft Group, SW., Renton, Washington 98055–4056. McDonnell Douglas Alert Service Long Beach Division, 3855 Lakewood Bulletin MD11–24A147, dated March Discussion Boulevard, Long Beach, California 24, 1999, which describes procedures 90846, Attention: Technical As part of its practice of re-examining for installation of spacers between Publications Business Administration, all aspects of the service experience of terminal strips and mounting brackets Dept. C1–L51 (2–60). This information a particular aircraft whenever an in the avionics compartment. may be examined at the FAA, Transport accident occurs, the FAA has become Accomplishment of the actions Airplane Directorate, 1601 Lind aware of an incident where arcing specified in the service bulletins is Avenue, SW., Renton, Washington; or at occurred during flight at a terminal strip intended to adequately address the the FAA, Transport Airplane located overhead in the main cabin of a identified unsafe condition. Directorate, Los Angeles Aircraft McDonnell Douglas Model MD–11F series airplane. The arcing resulted in Explanation of Requirements of Certification Office, 3960 Paramount Proposed Rule Boulevard, Lakewood, California sparks landing on a cargo cover, which 90712–4137. consequently caught fire. Investigation Since an unsafe condition has been revealed that the design and installation identified that is likely to exist or FOR FURTHER INFORMATION CONTACT: develop on other products of this same Brett Portwood, Aerospace Engineer, did not provide adequate clearance between the terminal strips and type design, the proposed AD would Systems and Equipment Branch, ANM– require accomplishment of the actions 130L, FAA, Transport Airplane mounting brackets, which allowed a power feeder cable terminal lug to specified in the applicable service Directorate, Los Angeles Aircraft bulletin described previously. Certification Office, 3960 Paramount ground against a terminal strip support Boulevard, Lakewood, California bracket. Investigations conducted of Cost Impact other similar installations have revealed 90712–4137; telephone (562) 627–5350; There are approximately 136 fax (562) 627–5210. the potential for the same type of incident to occur at other specific airplanes listed in McDonnell Douglas SUPPLEMENTARY INFORMATION: aircraft locations. This condition, if not Alert Service Bulletin MD11–24A147, dated , 1999, in the worldwide Comments Invited corrected, could result in smoke and fire in the main cabin or avionics fleet. The FAA estimates that 40 Interested persons are invited to compartment. airplanes of U.S. registry would be participate in the making of the The subject area on certain affected by this proposed action, that proposed rule by submitting such McDonnell Douglas Model MD–11 would take approximately 3 work hours written data, views, or arguments as series airplanes is identical to that on per airplane to accomplish the proposed they may desire. Communications shall the affected Model MD–11F series installation, and that the average labor identify the Rules Docket number and airplanes. Therefore, both of these rate is $60 per work hour. Required be submitted in triplicate to the address models may be subject to the same parts would cost approximately $445 specified above. All communications unsafe condition. per airplane. Based on these figures, the received on or before the closing date The incident described previously is cost impact of the installation proposed for comments, specified above, will be not considered to be related to an by this AD on U.S. operators is considered before taking action on the accident that occurred off the coast of estimated to be $25,000, or $625 per proposed rule. The proposals contained Nova Scotia involving a McDonnell airplane. in this notice may be changed in light Douglas Model MD–11 series airplane. The cost impact figure discussed of the comments received. The cause of that accident is still under above is based on assumptions that no Comments are specifically invited on investigation. operator has yet accomplished any of the overall regulatory, economic, the proposed requirements of this AD environmental, and energy aspects of Other Related Rulemaking action, and that no operator would the proposed rule. All comments The FAA, in conjunction with Boeing accomplish those actions in the future if submitted will be available, both before and operators of Model MD–11 series this AD were not adopted. However, the and after the closing date for comments, airplanes, is continuing to review all FAA has been advised that in the Rules Docket for examination by aspects of the service history of those manufacturer warranty remedies are interested persons. A report airplanes to identify potential unsafe available for some labor with summarizing each FAA-public contact conditions and to take appropriate accomplishing the proposed actions. concerned with the substance of this corrective actions. This proposed Therefore, the future economic cost proposal will be filed in the Rules airworthiness directive (AD) is one of a impact of this rule on U.S. operators Docket. series of actions identified during that may be less than the cost impact figures Commenters wishing the FAA to process. The process is continuing and indicated above. acknowledge receipt of their comments the FAA may consider additional There are approximately 14 airplanes submitted in response to this notice rulemaking actions as further results of listed in McDonnell Douglas Alert must submit a self-addressed, stamped the review become available. Service Bulletin MD11–24A150, dated postcard on which the following , 1999, in the worldwide fleet. statement is made: ‘‘Comments to Explanation of Relevant Service Currently, none of these airplanes are on Docket Number 99–NM–173–AD.’’ The Information the US Register. However, should an postcard will be date stamped and The FAA has reviewed and approved affected airplane be imported and returned to the commenter. McDonnell Douglas Alert Service placed on the US Register in the future, Bulletin MD11–24A150, dated March it would require approximately 1 work Availability of NPRMs 25, 1999, which describes procedures hour to accomplish the proposed Any person may obtain a copy of this for replacement of the existing terminal modification, at an average labor rate of NPRM by submitting a request to the strips and supports above the main $60 per work hour. The cost of required FAA, Transport Airplane Directorate, cabin at station Y=5–32.000 with new parts would be $885 per airplane. Based

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57825 on these figures, the cost impact of this modified, altered, or repaired in the area Issued in Renton, Washington, on October modification proposed by this AD subject to the requirements of this AD. For 20, 1999. would be $945 per airplane. airplanes that have been modified, altered, or D. L. Riggin, repaired so that the performance of the Acting Manager, Transport Airplane Regulatory Impact requirements of this AD is affected, the Directorate, Aircraft Certification Service. owner/operator must request approval for an The regulations proposed herein [FR Doc. 99–27947 Filed 10–26–99; 8:45 am] alternative method of compliance in would not have substantial direct effects BILLING CODE 4910±13±U on the States, on the relationship accordance with paragraph (c) of this AD. between the national government and The request should include an assessment of the States, or on the distribution of the effect of the modification, alteration, or repair on the unsafe condition addressed by FEDERAL TRADE COMMISSION power and responsibilities among the this AD; and, if the unsafe condition has not various levels of government. Therefore, been eliminated, the request should include 16 CFR Part 4 in accordance with Executive Order specific proposed actions to address it. 12612, it is determined that this Privacy Act of 1974; Implementation Compliance: Required as indicated, unless proposal would not have sufficient accomplished previously. To prevent federalism implications to warrant the AGENCY: Federal Trade Commission electrical arcing caused by power feeder (FTC). preparation of a Federalism Assessment. cable terminal lugs grounding against For the reasons discussed above, I terminal strip support brackets, which could ACTION: Proposed rule amendment and certify that this proposed regulation (1) result in smoke and fire in the main cabin or request for comment. Is not a ‘‘significant regulatory action’’ avionics compartment, accomplish the SUMMARY: The FTC proposes to amend under Executive Order 12866; (2) Is not following: a ‘‘significant rule’’ under the DOT its Privacy Act rules to add a new Regulatory Policies and Procedures (44 Replacement of Terminal Strips and system of records that will be used to Supports FR 11034, February 26, 1979); and (3) If compile and maintain identity theft promulgated, will not have a significant (a) For airplanes listed in the effectivity of complaint data. This new exempt economic impact, positive or negative, McDonnell Douglas Alert Service Bulletin system of records is necessary to on a substantial number of small entities MD11–24A150, dated March 25, 1999, on implement the requirements of the which the modification specified in under the criteria of the Regulatory Identity Theft and Assumption McDonnell Douglas Service Bulletin MD11– Flexibility Act. A copy of the draft Deterrence Act of 1998. The exemption 24–085, dated , 1995, has not been will help prevent individuals suspected regulatory evaluation prepared for this accomplished: Within 1 year after the action is contained in the Rules Docket. of engaging in identity theft from effective date of this AD, replace the existing obtaining access to complaint data. A copy of it may be obtained by terminal strips and supports above the main contacting the Rules Docket at the cabin at station Y=5–32.000 with new DATES: Comments must be received by location provided under the caption terminal strips and supports in accordance November 26, 1999. ADDRESSES. with McDonnell Douglas Alert Service ADDRESSES: Submit comments in Bulletin MD11–24A150, dated March 25, List of Subjects in 14 CFR Part 39 writing to the Office of the Secretary, 1999. Federal Trade Commission, 600 Air transportation, Aircraft, Aviation Installation of Spacers Pennsylvania Avenue, NW, Washington, safety, Safety. DC 20580, ‘‘FTC File No. P994320, (b) For airplanes listed in the effectivity of Identity Theft Program—Comment.’’ The Proposed Amendment McDonnell Douglas Alert Service Bulletin Accordingly, pursuant to the MD11–24A147, dated March 24, 1999: FOR FURTHER INFORMATION CONTACT: Alex authority delegated to me by the Within 6 months after the effective date of Tang, Attorney, Office of the General Administrator, the Federal Aviation this AD, install spacers between terminal Counsel, FTC, 600 Pennsylvania Administration proposes to amend part strips and mounting brackets in the avionics Avenue, NW, Washington, DC 20580, 39 of the Federal Aviation Regulations compartment in accordance with the service (202) 326–2447. For more information (14 CFR part 39) as follows: bulletin. about the Commission’s identity theft Alternative Methods of Compliance program, contact Beth Grossman, (202) PART 39ÐAIRWORTHINESS 326–3019, or Joanna Crane, (202) 326– (c) An alternative method of compliance or DIRECTIVES 3258, Attorneys, Division of Planning & adjustment of the compliance time that Information, Bureau of Consumer provides an acceptable level of safety may be 1. The authority citation for part 39 Protection, FTC, 600 Pennsylvania continues to read as follows: used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), Avenue, NW, Washington, DC 20580. Authority: 49 U.S.C. 106(g), 40113, 44701. FAA, Transport Airplane Directorate. SUPPLEMENTARY INFORMATION: Elsewhere § 39.13 [Amended] Operators shall submit their requests through in today’s Federal Register, the FTC, in an appropriate FAA Principal Maintenance 2. Section 39.13 is amended by accordance with the Privacy Act of Inspector, who may add comments and then 1974, as amended, 5 U.S.C. 552a, is adding the following new airworthiness send it to the Manager, Los Angeles ACO. directive: publishing a notice of a new agency Note 2: Information concerning the system of records, to be designated as McDonnell Douglas: Docket 99–NM–173–AD. existence of approved alternative methods of FTC–IV–2, ‘‘Identity Theft Complaint Applicability: Model MD–11 and MD–11F compliance with this AD, if any, may be Management System—FTC.’’ This series airplanes, as listed in McDonnell obtained from the Los Angeles ACO. system will enable the FTC to fulfill its Douglas Alert Service Bulletin MD11– statutory responsibilities under section 24A150, dated March 25, 1999, and Special Flight Permits McDonnell Douglas Alert Service Bulletin (d) Special flight permits may be issued in 5 of the Identity Theft and Assumption MD11–24A147, dated March 24, 1999; accordance with §§ 21.197 and 21.199 of the Deterrence Act of 1998, Public Law certificated in any category. Federal Aviation Regulations (14 CFR 21.197 105–318, 112 Stat. 3007, 3010, 18 U.S.C. Note 1: This AD applies to each airplane and 21.199) to operate the airplane to a 1028 note (‘‘ITADA’’), which designates identified in the preceding applicability location where the requirements of this AD the FTC as a clearinghouse for the provision, regardless of whether it has been can be accomplished. receipt and referral of identity theft

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57826 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules complaints and requires that the FTC the information or for other related ENVIRONMENTAL PROTECTION establish procedures: (1) To log and purposes. AGENCY acknowledge receipt of complaints from Pursuant to 5 U.S.C. 552a(r), the 40 CFR Part 52 individuals who certify that they have a Commission is providing notice of this reasonable belief that one or more of proposal to the appropriate committees [DC±2012b; FRL±6456±9] their means of identification have been of the House of Representatives and the assumed, stolen, or otherwise Senate, and to the Office of Management Approval and Promulgation of Air unlawfully acquired in violation of the and Budget. Quality Implementation Plans; District statute; (2) to provide informational of Columbia; Stage II Gasoline Vapor materials to such individuals; and (3) to List of Subjects in 16 CFR Part 4 Recovery RACT Requirements for refer such complaints to ‘‘appropriate Major Sources of VOC entities.’’ Under the statute, these Administrative practice and entities include, but are not limited to, procedure, Freedom of Information, AGENCY: Environmental Protection the three major national consumer Privacy, Records, Sunshine Act. Agency (EPA). reporting agencies (currently Equifax, ACTION: Proposed rule. PART 4ÐMISCELLANEOUS RULES Experian and Trans Union), and SUMMARY: EPA proposes to approve appropriate law enforcement agencies 1. The authority for part 4 continues State Implementation Plan (SIP) for potential law enforcement action. to read: revisions submitted by the District of The Commission believes that the Authority: 15 U.S.C. 46, unless otherwise Columbia consisting of amendments for identity theft complaint data contained noted. reasonably available control technology in this system must be exempted under (RACT) requirements for major sources the Privacy Act to prevent certain 2. Amend § 4.13 by revising paragraph of volatile organic compounds (VOC) categories of individuals who will be (m)(2) to read as follows: and Stage II gasoline vapor recovery covered by the system (i.e., targets of requirements. In the ‘‘Rules and complaints) from invoking the Act to § 4.13 Privacy Act rules. Regulations’’ section of this Federal obtain access to complaint files that may * * * * * Register, EPA is approving the District’s pertain to their activities. A principal (m) * * * SIP submittals as a direct final rule purpose for compiling these complaint without prior proposal because the files is for law enforcement, since these (2) Pursuant to 5 U.S.C. 552a(k)(2), Agency views these as noncontroversial complaints focus on specific instances investigatory materials compiled for law submittals and anticipates no adverse of suspected illegal identity theft. In enforcement purposes in the following comments. A rationale for the approval many cases, these complaints will be systems of records are exempt from is set forth in the direct final rule. A referred to other law enforcement subsections (c)(3), (d), (e)(1), (e)(4)(G), more detailed description of the authorities, as required by the ITADA, (H), and (I), and (f) of 5 U.S.C. 552a, and District’s submittals and EPA’s and in certain cases, may also be from the provisions of this section, evaluation are included in a Technical relevant to Commission investigations. except as otherwise provided in 5 U.S.C. Support Document (TSD) prepared in Under these circumstances, disclosure 552a(k)(2): support of this rulemaking action. A of the complaint file to a target would Investigational, Legal, and Public Records— copy of the TSD is available, upon harm or otherwise interfere with law FTC request, from the EPA Regional Office enforcement efforts. For example, if the Disciplinary Action Investigatory Files—FTC listed in the ADDRESSES section of this complaint data were not exempted from Clearance to Participate Applications and the document. If EPA receives no adverse access, a target could anticipate and Commission’s Responses Thereto, and comments, EPA will not take further evade prosecution by learning about Related Documents—FTC action on this proposed rule. If EPA actual or potential law enforcement Management Information System—FTC receives adverse comments, EPA will referrals, investigations, or other actions Office of the Secretary Control and Reporting withdraw the direct final rule and it will from information maintained in the System—FTC not take effect. EPA will address all complaint file. Such access to the file Office of Inspector General Investigative public comments in a subsequent final could also inadvertently facilitate Files—FTC rule based on this proposed rule. EPA further identity theft or retaliation by Stenographic Reporting Service Requests— will not institute a second comment enabling the target to ascertain or FTC period on this action. Any parties confirm sensitive personal information Identity Theft Complaint Management interested in commenting on this action submitted by and being maintained System—FTC should do so at this time. about the identity theft victim or about Freedom of Information Act Requests and DATES: Comments must be received in other informants. Thus, the Commission Appeals—FTC writing by November 26, 1999. proposes to exempt this system of Privacy Act Requests and Appeals—FTC ADDRESSES: Written comments should records under 5 U.S.C. 552a(k)(2), and Information Retrieval and Indexing System— be addressed to David L. Arnold, Chief, to amend Commission Rule 4.13(m), 16 FTC Ozone & Mobile Sources Branch, CFR 4.13(m), to include this system in * * * * * Mailcode 3AP21, U.S. Environmental its inventory of exempt systems. The By direction of the Commission. Protection Agency, Region III, 1650 Commission, however, reserves the sole Donald S. Clark, Arch Street, Philadelphia, Pennsylvania discretion to permit access to categories Secretary. 19103. Copies of the documents relevant of individuals covered by the system [FR Doc 99–28006 Filed 10–25–99; 10:38 am] to this action are available for public other than targets (e.g., complainants or inspection during normal business other individual informants) with BILLING CODE 6750±01±P hours at the Air Protection Division, respect to information that was U.S. Environmental Protection Agency, provided by such individuals in order to Region III, 1650 Arch Street, correct, update or verify the accuracy of Philadelphia, Pennsylvania 19103 and

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57827 the District of Columbia Department of documents relevant to this action are where the 1-hour ozone standard Public Health, Air Quality Division, 51 available for public inspection during currently applies. N Street, NE, Washington, DC 20002. normal business hours at the following In light of the uncertain status of the FOR FURTHER INFORMATION CONTACT: locations: Air Protection Division, 8-hour ozone standard resulting from Cristina Fernandez, (215) 814–2178, at Environmental Protection Agency, the Court of Appeals’ ruling, EPA the EPA Region III address above, or by Region III, 1650 Arch Street, recently issued a Notice of Proposed e-mail at [email protected]. Philadelphia, Pennsylvania 19103; and Rulemaking on October 20, 1999, SUPPLEMENTARY INFORMATION: For the Pennsylvania Department of proposing to rescind our earlier findings further information, please see the Environmental Protection, Bureau of Air that the 1-hour ozone standard is no information provided in the direct final Quality, P.O. Box 8468, 400 Market longer applicable in certain areas that action, with the same title, that is Street, Harrisburg, Pennsylvania 17105. have attained the standard. Today’s located in the ‘‘Rules and Regulations’’ FOR FURTHER INFORMATION CONTACT: document explains how the October 20, section of this Federal Register Harold A. Frankford (215) 814–2108, or 1999, reinstatement proposal relates to publication. by e-mail at the proposal on vehicle and gasoline standards. Today’s document Dated: October 5, 1999. [email protected]. also provides additional 1-hour ozone Thomas C. Voltaggio, SUPPLEMENTARY INFORMATION: See the information provided in the direct final modeling and monitoring information Acting Regional Administrator, rule, with the same title, which is for areas that would be affected by the Region III. located in the Rules and Regulations proposed action. [FR Doc. 99–26850 Filed 10–26–99; 8:45 am] section of the Federal Register. DATES: Comments: We must receive BILLING CODE 6560±50±P Dated: September 30, 1999. your comments on this document by , 1999. Thomas Voltaggio, ADDRESSES: ENVIRONMENTAL PROTECTION Acting Regional Administrator, EPA Region Comments: You may send AGENCY III. written comments in paper form or by [FR Doc. 99–26854 Filed 10–26–99; 8:45 am] E-mail. Send paper copies of written comments (in duplicate if possible) on 40 CFR Part 62 BILLING CODE 6560±50±P the information in this document to [PA022±4089; FRL±6456±5] Public Docket No. A–97–10 at the Approval and Promulgation of State ENVIRONMENTAL PROTECTION following address: US Environmental Air Quality Plans for Designated AGENCY Protection Agency (EPA), Air Docket Facilities and Pollutants; (6102), Room M–1500, 401 M Street, Pennsylvania; Control of Total 40 CFR Parts 80, 85 and 86 SW, Washington, DC 20460. If possible, we also encourage you to send an Reduced Sulfur Emissions from [AMS±FRL±6463±7] Existing Kraft Pulp Mills electronic copy of your comments (in RIN 2060±AI23 ASCII format) to the docket by e-mail to AGENCY: Environmental Protection [email protected] or on a 3.5 Agency (EPA). Control of Air Pollution from New inch diskette accompanying your paper Motor Vehicles: Proposed Tier 2 Motor ACTION: Proposed rule. copy. If you wish, you may send your Vehicle Emissions Standards and comments by E-mail to the docket at the SUMMARY: EPS proposes to approve Gasoline Sulfur Control Requirements address listed above without the Pennsylvania’s Section 111(d) plan for AGENCY: Environmental Protection submission of a paper copy, but a paper the purpose of controlling total reduced Agency (EPA). copy will ensure the clarity of your sulfur (TRS) emissions from existing comments. kraft pulp mills. In the final rules ACTION: Provision of Supplemental Information and Request for Comment. Please also send a separate paper copy section of the Federal Register, EPA is to the contact person listed below. If approving this plan. A detailed rationale SUMMARY: EPA published a Notice of you send comments by E-mail alone, we for the approval is set forth in the direct Proposed Rulemaking (NPRM) on May ask that you send a copy of the E-mail final rule. if no adverse comments are 13, 1999, proposing a major program message that contains the comments to received in response to this action, no designed to significantly reduce the the contact person listed below. further activity is contemplated in emissions from new passenger cars and EPA’s Air Docket is open from 8 a.m. relation to this rule. If EPA receives light trucks, including pickup trucks, to 5:30 p.m., Monday through Friday, relevant adverse comments, the direct minivans, and sport-utility vehicles (the except on government holidays. You final rule will be withdrawn and all ‘‘Tier 2 program’’). The proposed can reach the Air Docket by telephone public comments received will be program combines requirements for at (202) 260–7548 and by facsimile at addressed in a subsequent final rule cleaner vehicles and requirements for (202) 260–4400. We may charge a based on this proposed rule. EPA will lower levels of sulfur in gasoline. A reasonable fee for copying docket not institute a second comment period supplemental notice was published on materials, as provided in 40 CFR Part 2. on this document. Any parties , 1999, clarifying the May 13, FOR FURTHER INFORMATION CONTACT: interested in commenting on this 1999, proposal in light of a May 14, Carol Connell, U.S. EPA, National document should do so at this time. 1999, ruling by a panel of the Court of Vehicle and Fuels Emission Laboratory, DATES: Comments must be received in Appeals for the District of Columbia 2000 Traverwood, Ann Arbor MI 48105; writing by November 26, 1999. regarding the recently promulgated Telephone (734) 214–4349, FAX (734) ADDRESSES: Comments may be mailed to national ambient air quality standards 214–4816, E-mail Harold A. Frankford, Office of Air (NAAQS) for ozone and PM. Our [email protected]. Programs, Mail Code 3AP20, supplemental notice also provided For information on ozone modeling Environmental Protection Agency, additional modeling information not for Beaumont-Port Arthur, Texas, Regional III, 1650 Arch Street, included in the May 13, 1999, proposal contact Mick Cote, U.S. EPA, Fountain Philadelphia, PA 19103. Copies of the regarding 1-hour ozone levels for areas Place 12th Floor Suite 1200, 1445 Ross

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Avenue, Dallas TX 75202–2733; whether (1) There is a need for further emissions control systems expected to Telephone (214) 665–7219, E-mail reductions in emissions in order to be used in such vehicles. [email protected]. attain or maintain the national air B. New Ozone and PM NAAQS SUPPLEMENTARY INFORMATION: quality standards (NAAQS), taking into consideration the waiver provisions of EPA promulgated new NAAQS for I. Introduction and Review of Events section 209(b); (2) The technology for ozone and PM in 1997. 62 FR 38652 Related To This Rulemaking more stringent emission standards from (, 1997); 62 FR 38856 (July 18, A. Tier 2 Proposal LDVs and LDTs with a loaded vehicle 1997). We replaced the 1-hour 0.12 parts weight less than or equal to 3750 per million (ppm) ozone standard with On May 13, 1999, EPA published in pounds will be available; and (3) Such an 8-hour standard at a level of 0.08 the Federal Register our proposal to standards are needed and cost-effective, ppm. We also promulgated a regulation reduce emissions from light-duty taking into account alternatives. If we providing that the 1-hour ozone NAAQS vehicles (LDVs) and light-duty trucks make affirmative determinations, then would continue to apply until we (LDTs). 64 FR 26004. The proposal we are to promulgate new, more determined that an area had attained the would also significantly reduce sulfur stringent motor vehicle standards (‘‘Tier 1-hour standard. This provision was content in gasoline. The proposed 2 standards’’). We proposed affirmative premised upon the existence of the 8- program would phase in beginning in responses to the three questions above hour standard and the implementation 2004. The program is projected to result and proposed new standards. We also scheme developed for that standard. On in reductions of approximately 800,000 proposed standards for larger light-duty , 1998, , 1998, and , tons of nitrogen oxides (NOX) per year trucks (up to 8500 pounds GVWR) 1999, we issued final rules for many by 2007 and 1,200,000 tons by 2010. It under the general authority of Section areas finding that the 1-hour standard would result in reductions of about 70 202(a)(1) and under Section 202(a)(3) of no longer applied in these areas because percent in emissions of NOX from LDVs the Act, which requires that standards they had attained the 1-hour standard. and LDTs nationwide by 2020, applicable to emissions of In proposing the Tier 2 standards on compared to emissions in that year May 13, 1999, we proposed our hydrocarbons, NOX, CO and PM from without the proposed program. In heavy-duty vehicles 2 reflect the greatest determination on the need for addition, the proposed program would degree of emission reduction available additional emission reductions under reduce the contribution of vehicles to for the model year to which such section 202(i) after considering other serious health and environmental monitoring data and air quality model standards apply, giving appropriate problems, including particulate matter, predictions related to the new NAAQS consideration to cost, energy, and safety. visibility problems, toxic air pollutants, for ozone (the ‘‘8-hour ozone NAAQS’’), We proposed our gasoline sulfur acid rain, and nitrogen loading of the pre-existing ozone NAAQS (the ‘‘1- controls pursuant to our authority under estuaries. hour ozone NAAQS’’), the pre-existing Section 211(c)(1) of the CAA. Under We proposed the standards for LDVs PM10 NAAQS, the revised PM10 Section 211(c)(1), we may adopt a fuel and LDTs pursuant to our authority NAAQS, and the new PM2.5 NAAQS. control if at least one of the following under section 202 of the Clean Air Act two criteria is met: (1) The emission C. Court Panel Opinion on the NAAQS, (CAA or the Act). In particular, section products of the fuel cause or contribute Our Supplemental Notice Regarding Its 202(i) of the Act provides specific to air pollution which may reasonably Effect on the Tier 2/Sulfur Rule, and procedures that we must follow to be anticipated to endanger public health Our Proposal To Rescind Previous determine whether Tier 2 standards for or welfare, or (2) The emission products Findings on Applicability of the 1-Hour LDVs and certain LDTs 1 are appropriate of the fuel will significantly impair Ozone NAAQS beginning in the 2004 model year. emissions control systems in general use Specifically, we are required to first On May 14, 1999, a panel of the U.S. or which would be in general use in a issue a study regarding ‘‘whether or not Court of Appeals for the District of reasonable time were the fuel control to further reductions in emissions from Columbia Circuit found, by a 2–1 vote, be adopted. light-duty vehicles and light-duty trucks that sections 108 and 109 of the Clean We proposed to control sulfur levels should be required’’ (the ‘‘Tier 2 Air Act, as interpreted by EPA, in gasoline based on both of these study’’). This study ‘‘shall examine the represent unconstitutional delegations criteria. Under the first criterion, we need for further reductions in emissions of Congressional power. American believe that existing sulfur content in in order to attain or maintain the Trucking Ass’ns, Inc., et al., v. gasoline used in Tier 1 and LEV national ambient air quality standards.’’ Environmental Protection Agency, Nos. technology vehicles contributes to It is also to consider (1) The availability 97–1440, 1441 (D.C. Cir. May 14, 1999). ozone pollution, air toxics, and PM at of technology to meet more stringent The Court remanded the record to EPA. levels which can be reasonably expected vehicle emission standards, taking cost, The June 30, 1999 supplemental notice to endanger public health or welfare. lead time, safety, and energy impacts contained a summary of the Court’s Under the second criterion, we believe into consideration, and, (2) The need opinion. On , 1999 we filed a that in the absence of gasoline sulfur for, and cost effectiveness of, such petition for rehearing and a petition for control, sulfur in fuel that would be standards, including consideration of rehearing en banc seeking review of the used in Tier 2 technology vehicles alternative methods of attaining or panel’s decision. would significantly impair the maintaining the national ambient air In the May 13, 1999, NPRM and quality standards. We must then submit related documents we provided a 2 Vehicle classifications are discussed in the May significant amount of information and the study as a Report to Congress. We 13, 1999 proposal on page 26031. LDTs that have submitted our Report to Congress on gross vehicle weight ratings above 6000 pounds are analysis regarding our proposed , 1998. considered heavy-duty vehicles under the Act. See determinations that further emission Following the Report to Congress, we section 202(b)(3). For regulatory purposes, we refer reductions were needed to attain and to these LDTs as ‘‘heavy light-duty trucks,’’ made maintain the NAAQS, that the are required to determine by rulemaking up of LDT3s and LDT4s. For reference, LDTs that have gross vehicle weight ratings below 6000 technology for more stringent emission 1 LDTs with a loaded vehicle weight less than or pounds are referred to as ‘‘light light-duty trucks,’’ standards will be available, and that equal to 3750 pounds. made up of LDT1s and LDT2s. such standards are needed and cost

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57829 effective, taking into account the stated in the supplemental notice our areas. We further proposed to reinstate alternatives. In the June 30, 1999, belief that these results indicate that the former designations and supplemental notice, we explained that, there are many geographically dispersed classifications for such areas when the regardless of the eventual outcome of areas which need further ozone final notice is effective. The October 20, the Court case, the proposed Tier 2 Rule precursor emission reductions to meet 1999 proposal contains a detailed list of is justified as a necessary and important the 1-hour ozone NAAQS. The 1990 the areas that would be affected, and a measure for reducing air pollutants and population of these 17 metropolitan discussion of the effects of restoring the protecting public health. We stated that areas exceeded 70 million. 5 applicability of the 1-hour standard. The the proposed regulations continue to On October 20, 1999, EPA issued a comment period for this proposal ends conform to the statutory requirements of proposal to rescind our previous on December 1, 1999. We plan to take the Act for the 1-hour ozone standard findings that the 1-hour standard is no final action on the reinstatement prior to and the pre-existing PM10 NAAQS. The longer applicable in certain areas that the final action on the Tier 2/Sulfur June 30, 1999, supplemental notice had attained the 1-hour standard. This standards. explained that the statutory proposal is in response to the Court’s EPA believes that the information in requirements for the proposal remain ruling concerning the 8-hour ozone the May 13 and June 30, 1999, satisfied, for each of the elements of the standard, since the existence of the 8- documents, including the information proposed rule that are covered by hour standard was one of the key factors in today’s notice on areas already different statutory requirements (the underlying our finding that the 1-hour addressed in the June 30 notice, fully ‘‘Tier 2’’ standards for LDVs and LDTs standard no longer applied in such support the standards and weighing 3750 lbs. or less, the standards determinations proposed in the May for vehicles above this weight, and the noted that in the absence of the reductions 13th NPRM. This applies whether one gasoline sulfur limits). In particular, the mandated in the ROTR, the emission reductions considers the information in the May supplemental notice summarized from the Tier 2 program would be even more 13, 1999, notice and the June 30, 1999, necessary for compliance with the NAAQS. notice separately or taken together. The information on 1-hour ozone and PM air 5 One of the 17 areas discussed in the June 30, quality that had been presented in the 1999, supplemental notice was the Los Angeles- purpose of today’s document is to May 13, 1999 notice. The supplemental Riverside-San Bernardino Consolidated provide additional information focusing notice also presented and discussed Metropolitan Statistical Area (CMSA). Much of this on those areas where we recently area is within the South Coast Air Basin ozone proposed to rescind our previous additional information on our ozone nonattainment area. The supplemental notice and PM air quality modeling analyses, explained that we consider the emission reduction findings on the applicability of the 1- focusing on the 1-hour ozone and the needs of California’s worst ozone nonattainment hour ozone standard. The information area to be relevant to our determination on the air pre-existing PM10 NAAQS. provided in this document on these quality need for emission reductions, even though areas lends additional support to the The additional information on 1-hour the standards we proposed would only apply to ozone presented in the supplemental vehicles and gasoline sold outside California. information and analyses previously notice included a table (numbered as California has designed and implemented a state provided by EPA in the two prior Table 2 in the supplemental notice) of vehicle and fuel control program with vehicle documents, for any area where EPA metropolitan areas for which ozone standards and gasoline sulfur limits similar to those finalizes such proposed reinstatement. we proposed, and therefore the proposed Tier 2/ For such areas, it will be appropriate modeling has indicated a need for gasoline sulfur program would likely not apply in additional emission reductions for 1- California. However, in our proposal we noted in and necessary for us to consider the hour ozone attainment. This table qualitative terms the importance of the Tier 2 and prospects for attainment and sulfur control reductions to California’s efforts to maintenance with the 1-hour standard showed the results of the ‘‘exceedance reach attainment with the 1-hour ozone standard 3 when we make our final finding under method’’ for comparing ozone model particularly in the South Coast Air Basin. Ozone predictions to the 1-hour standard. It levels in California would be reduced through section 202(i) regarding the need for listed 17 metropolitan areas which reductions in emissions from vehicles sold outside further reductions in emissions in order remained subject to the 1-hour standard California that subsequently enter California to attain or maintain the NAAQS. While temporarily or permanently. According to the determinations and standards as of June 30, 1999, and which based on California, about 7 to 10 percent of all car and light ozone modeling we predicted would truck travel in California takes place in vehicles proposed by EPA in May of 1999 would have 1-hour ozone levels in 2007 above originally sold outside of California. Our vehicle be appropriate even without this the level of the 1-hour standard, even standards will result in these vehicles being built additional information, it provides even with more effective emission controls. In addition, further evidence that the proposal is after implementation of the Regional our gasoline sulfur standard will help ensure that Ozone Transport Rule (ROTR), the cars which operate for a time outside of California appropriate. National Low Emission Vehicle and then within California will have fully The additional information presented functioning catalysts. With current gasoline sulfur today consists of (1) Additional Program, the 2004 highway diesel levels, California vehicles which visit other states information on areas already addressed engine standards, the Phase II nonroad and non-California vehicles which visit or migrate in the June 30, 1999 supplemental diesel engine standards, and other to California would suffer catalyst poisoning that notice, and (2) Ozone model predictions federal and SIP emission control would persist even when operating on California’s for areas that were not covered by that measures required under the CAA.4 We own low sulfur fuel. In fact, the state of California has recently filed an update to its State document. The 1-hour ozone modeling Implementation Plan for the South Coast Air Basin information in the June 30, 1999, 3 The exceedance method is described in the June that expressly claims that the Tier 2 program will supplemental notice was restricted to 30, 1999, supplemental notice and associated lead to four tons per day of reduced NOX. The four documents in the docket for this rulemaking. It is tons per day NOX reductions cited represents only only those areas in which the standard the method we have used in developing the ROTR, a small fraction of the emission reductions needed still applied. The ozone modeling that to assess prospects for future 1-hour ozone in the South Coast to attain the NAAQS. Because was summarized in the table in fact problems in specific areas based on regional ozone of the information from California that these modeling. The ROTR was published on October 21, additional emission reductions from our proposed resulted in predictions of exceedances 1998 (63 FR 56292). rule are needed for attainment in the South Coast in 2007 in other areas as well, as 4 The deadline for submission of state Air Basin of California, the Los Angeles-Riverside- presented in the next section of this implementation plans under the ROTR was recently San Bernardino metro area was included in our list document. Today’s notice does not stayed by a panel of the Court of Appeals for the of areas with predicted exceedances in the absence D.C. Circuit pending further review. EPA believes of our proposed Tier 2/Sulfur standards, even present any additional information that the ROTR is fully consistent with the Clean Air though we have not modeled this area as we have regarding attainment or maintenance of Act and should be upheld. However, it should be the other areas listed in the table. the PM NAAQS.

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II. Supplemental Information • Baton Rouge, Louisiana. On July 2, provide for attainment of the 1-hour 1999, we approved Louisiana’s ozone standard in Beaumont-Port A. Update of Information Presented in demonstration that Baton Rouge will Arthur. Therefore, we are retaining the June 30, 1999, Supplemental Notice attain the 1-hour standard by its Beaumont-Port Arthur on our list of We have several items of information November 15, 1999 deadline. 64 FR areas with exceedances in the absence which update and further explain the 35930–35941. Our regional modeling, of the Tier 2/Sulfur emission ozone situation in the metropolitan presented in the May 13 and June 30, reductions. Information on the modeling areas that were listed in the June 30, 1999, notices, in fact does not indicate submitted by Texas may be examined by 1999, supplemental notice. any exceedances in 2007. We have no contacting Mick Cote in our Regional specific indication that Baton Rouge Office in Dallas, Texas and mentioning First, the population figure given in will be exceeding the 1-hour standard File No. TX–81–1–7350. Contact the supplemental notice for the Los by 2004, the first year of the proposed information for Mr. Cote is given in the Angeles-Riverside-San Bernardino Tier 2/Sulfur rule emission reductions. section titled FOR FURTHER INFORMATION metropolitan area was in error. The Therefore, we are removing Baton Rouge CONTACT at the beginning of this notice. correct figure for the 1990 population of from the list of areas which we consider • Milwaukee-Racine, Wisconsin. Our this area is 14,531,529. Also, the Dover, to support a determination that regional ozone modeling did not DE Metropolitan Statistical Area (MSA) additional emission reductions are indicate any 1-hour exceedance in any should have been listed separately from needed in order to attain and maintain county within the boundaries of the the Philadelphia-Wilmington-Atlantic the 1-hour ozone standard. Milwaukee-Racine CMSA itself. City, PA-NJ-DE-MD Consolidated • Beaumont-Port Arthur, Texas. However, our modeling predicted days Metropolitan Statistical Area. These are Beaumont-Port Arthur is a moderate with 1-hour ozone levels above 0.124 in the same nonattainment area, but the ozone nonattainment area which failed ppm in locations within a larger Lake Dover MSA is a separate metropolitan to attain by its November 15, 1996 Michigan area modeling domain. Due to area. The two metropolitan areas each deadline. Presently, the state of Texas is imprecision in the modeling of local meet the criteria for inclusion in our seeking our approval for a wind fields over and around Lake list. demonstration that Beaumont-Port Michigan, it is quite possible that the Also, we need to clarify the ozone Arthur is impacted by ozone transport predicted ozone concentrations in these model predictions and give additional from the Houston area, in order to other locations are also representative of information for three of the areas listed support a request that we extend its actual future concentrations in in the June 30, 1999 supplemental attainment deadline to 2007 which Milwaukee-Racine itself. Moreover, we notice. In that document, we stated that would be the same as the deadline for consider that emissions in both Chicago for all the listed metropolitan areas our Houston. We proposed action on this and Milwaukee contribute to such regional ozone model has predicted an request on , 1999 (64 FR 18864) violations. This does not affect our exceedance of the 1-hour standard (with and extended the comment period on discussion of Chicago in the June 30, the exception of the Los Angeles area , 1999 (64 FR 29822). While our 1999, supplemental notice. We believe which was not within our regional own regional ozone modeling performed that both areas should be considered to ozone modeling domain). There was an for the development of the ROTR did need additional reductions in emissions error in reporting the modeling results not show any 2007 exceedances in to reach attainment of the 1-hour ozone for certain metropolitan areas. In fact, Beaumont-Port Arthur, we believe that standard in the domain affected by for the four episodes modeled, no 2007 the ozone episodes we used in our emissions from both. We therefore are exceedances were observed in the Baton regional modeling are not the most retaining Milwaukee-Racine on our list Rouge, Beaumont-Port Arthur, or conducive to ozone formation in this of areas with exceedances in 2007 in the Milwaukee-Racine metropolitan areas. particular area. The 2007 attainment absence of the Tier 2/Sulfur emission However, we still consider it analysis prepared and submitted by the reductions. appropriate to include two of these state is based on two different episodes Table 1 below is the same as the list areas in the set of areas which support that are associated with high measured of areas with predicted 1-hour our proposed determination that ozone levels in Beaumont-Port Arthur. exceedances given in the supplemental additional emission reductions are We presently consider this analysis by notice, except for the addition of Dover, needed to attain and maintain the 1- Texas to indicate that additional DE, deletion of Baton Rouge and the hour ozone standard, for reasons given emission reductions beyond already correction of the population figure for below. adopted programs are needed in order to Los Angeles.6

TABLE 1 [Metropolitan areas projected to experience exceedances of the 1-hour standard in 2007 or 2010, as applicable, with ROTR controls but without Tier 2/Sulfur Controls. Does not include areas for which the 1-Hour Ozone NAAQs does not presently apply.]

Metropolitan area 1990 population

Atlanta, GA MSA ...... 2,959,500 Beaumont-Port Arthur, TX MSAa ...... 361,218 Birmingham, AL MSA ...... 839,942 Chicago-Gary-Kenosha, IL-IN-WI CMSA ...... 8,239,820 Cincinnati-Hamilton, OH-KY-IN CMSAb ...... 1,817,569 Dallas-Fort Worth, TX CMSAa ...... 4,037,282 Dover, DE MSA ...... 110,993

6 Areas in Table 1 are grouped and identified by In some cases, we are grouping by MSA and CMSA attainment deadlines, or SIP approval or Consolidated Metropolitan Statistical Areas groups counties or parts of counties differently than disapproval actions. This is for simplicity of (CMSAs) where they exist, or by Metropolitan we and the states group them for purposes of presentation in this document only. Statistical Areas (MSAs) where no CMSA applies. nonattainment area boundaries, classifications,

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TABLE 1ÐContinued [Metropolitan areas projected to experience exceedances of the 1-hour standard in 2007 or 2010, as applicable, with ROTR controls but without Tier 2/Sulfur Controls. Does not include areas for which the 1-Hour Ozone NAAQs does not presently apply.]

Metropolitan area 1990 population

Hartford, CT MSA ...... 1,157,585 Houston-Galveston-Brazoria, TX CMSAa ...... 3,731,029 Los Angeles-Riverside-San Bernardino CA CMSAa b ...... 14,531,529 Louisville, KY-IN MSA ...... 949,012 Milwaukee-Racine, WI CMSA ...... 1,607,183 New York-Northern New Jersey-Long Island, NY-NJ-CT-PA CMSA ...... 19,549,649 Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD CMSA ...... 5,893,019 Springfield, MA MSA ...... 587,884 St. Louis, MO-IL MSA ...... 2,492,348 Washington-Baltimore, DC-MD-VA-WV CMSAc ...... 6,726,395

Total Population ...... 75,593,947

Number of Areas ...... 17 a = These areas are not subject to the ROTR and were modeled accordingly. b = The attainment date considered for Los Angeles-Riverside-San Bernardino is 2010. For other listed areas, 2007 is the date considered in the local ozone modeling that is the basis of this table. However, some of these areas have required attainment dates prior to 2007. c = Washington, DC and Baltimore, MD are distinct nonattainment areas within one CMSA. They each meet the criteria for inclusion in this table.

Based on this list and the information B. Additional Ozone Modeling Results maintain the NAAQS.7 We performed presented in the first and supplemental for Areas That Would Be Affected by the ozone modeling for this baseline for notices regarding attainment of the pre- Proposed Rescission each of the OTAG episodes in July 1988, existing 1-hour ozone standard and the As stated above, we have proposed to 1991, 1993, and 1995. pre-existing PM10 NAAQS, we reiterate rescind our findings that made the 1- Using the ozone predictions from the our proposed determination that there is hour standard inapplicable in many modeling just described, EPA extracted a need for further reductions in areas, and thereby restore its the predicted daily maximum 1-hour emissions in order to attain or maintain applicability in these areas. In light of ozone concentrations for 2007 for a large the NAAQS, even when consideration is our proposal, we are presenting in this limited to the one-hour ozone and the number of counties in which ozone is or document similar ozone modeling has been a concern. This set of counties pre-existing PM10 NAAQS. We believe information as was presented in the includes (a) Those counties that are or the further information presented in the June 30, 1999 supplemental notice for remainder of this document regarding ever were designated as nonattainment areas subject to the proposed for the 1-hour standard, (b) Any other areas supports this proposed reinstatement. This modeling determination, but that the proposal is additional counties which had an ozone information shows that if we finalize monitor(s) in operation during the appropriate even without the additional our proposed rescissions of previous 1995–98 period with enough data to information presented on areas subject findings, thus restoring the 1-hour calculate a design value, and (c) Any to our proposed rescission of standard’s applicability nationwide, the determinations regarding the air quality basis for the proposed other counties in the same MSA or applicability of the 1-hour ozone vehicle and fuel standards will be even CMSA as counties included under the standard. stronger because there are many first two criteria. Using the county- EPA has received comments on the air additional areas which appear unable to specific predicted 2007 daily maximum quality modeling aspects of the May 13, attain or maintain the 1-hour standard values, we used the ‘‘exceedance 1999, proposed rulemaking notice and without additional emission reductions. method’’ to identify those metropolitan the June 30, 1999, supplemental notice. In the ozone modeling used to areas where ozone levels are predicted All of these comments will be more develop the Regional Ozone Transport to exceed the 0.12 ppm 1-hour standard fully considered and addressed in Rule (ROTR), EPA calculated hourly in 2007. We then divided these areas formulating and explaining the basis for ozone levels for the year 2007 in all or into two groups, based on whether our final action. parts of 37 eastern states. The ROTR recent air quality monitoring has also As discussed at length in the modeling considered the effects of shown violations. The first group proposed rule, emissions from LDVs growth and emission control measures. consists of areas with both predicted and LDTs will represent a large One of the combinations of emission exceedances in 2007 and recent percentage of all emissions of ozone control measures analyzed consisted of monitoring data indicating a design precursors once the ROTR is the ROTR, the National Low Emission value higher than the 1-hour standard. implemented. We believe that Vehicle Program, the 2004 highway The second group consists of areas with reductions from LDVs and LDTs in diesel engine standards, the Phase II predicted exceedances in 2007 but no particular will be a needed and cost- nonroad diesel engine standards, and effective alternative to achieve the other federal and SIP emission control necessary significant additional measures required under the CAA. We reductions in precursor emissions consider these controls to be the 7 Comments have been received recommending baseline for the required finding that we investigate whether states have adopted needed for the areas discussed above to additional local controls not reflected in the ROTR attain or maintain the 1-hour ozone regarding the need for additional modeling. We will consider and respond to this NAAQS. emission reductions to attain and comment in the final action.

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57832 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules recent monitored violations. Tables 2 developing the ROTR, for the purpose of regional ozone modeling for these and 3 below list these groups.8 identifying adverse impacts on 1-hour higher emissions in earlier years, we Table 2—Areas with recent ozone ozone attainment in receptor states due would likely be predicting even higher violations—Of the proposed rescission to interstate transport. ozone levels and more frequent and areas that are predicted by regional Based on their recent monitored widespread exceedances. ozone modeling to have 1-hour design values, all 31 areas clearly need exceedances in 2007, monitoring data further emission reductions from We believe that the prospect of from 14 areas indicates a violation of the current emission levels in order to attain unresolved nonattainment problems in 1-hour standard in either or both of the the 1-hour standard. Some of the the additional 14 areas that appear in 1995–97 period or the 1996–98 period necessary emission reductions will Table 2 provides further support for a (the two most recent periods for which come from already adopted or mandated finding that additional emission monitoring data have been fully measures. However, based on the ozone reductions are needed for attainment checked for accuracy and validity). model predictions, in combination with and maintenance, assuming that we re- These areas also all have one or more the recent monitored violations, we apply the 1-hour standard at a minimum predicted exceedances of the 1-hour believe that additional emission to the additional 14 areas. The total standard (in the ROTR modeling or in reductions, as would be provided by the 1990 population of the 31 areas in Table local modeling).9 Table 2 lists these 14 Tier 2/Sulfur standards, will be needed 2 is over 90 million, compared to the proposed rescission areas; the 17 areas for attainment of the standard in 2007 population of about 75 million in the already listed in Table 1 are repeated in (2010 for Los Angeles). It should be areas in Table 1. Correspondingly, these Table 2 to give a complete list of all noted that some of these areas have areas represent an even larger share of areas with both predicted 2007 attainment dates prior to 2007. For the the vehicle and fuel market. Also, the exceedances and recent design values in areas with an earlier attainment date, we broader geographic spread of these areas excess of the 1-hour standard. The expect total emissions will be higher in further supports the appropriateness of combination of these two criteria is that earlier year than estimated for 2007 a national vehicle and fuel strategy. consistent with the criteria we used in in this modeling. If we had performed

TABLE 2 [Metropolitan areas with recent design values above the 1-hour ozone NAAQS and also projected to experience exceedances of the 1-hour standard in 2007 (2010 for Los Angeles) with ROTR controls but without Tier 2/Sulfur controls.]

Metropolitan area 1990 population

Atlanta, GA MSA ...... 2,959,500 Barnstable-Yarmouth, MA MSA b ...... 134,954 Beaumont-Port Arthur, TX MSA a ...... 361,218 Birmingham, AL MSA ...... 839,942 Boston-Worcester-Lawrence, MA±NH±ME±CT CMSA b ...... 5,455,403 Charlotte-Gastonia-Rock Hill, NC±SC MSA b ...... 1,162,140 Chattanooga, TN±GA MSA b ...... 424,347 Cincinnati-Hamilton, OH±KY±IN CMSA ...... 1,817,569 Chicago-Gary-Kenosha, IL±IN±WI CMSA ...... 8,239,820 Dallas-Fort Worth, TX CMSA a ...... 4,037,282 Dover, DE MSA ...... 110,993 Grand Rapids-Muskegon-Holland, MI MSA b ...... 937,891 Hartford, CT MSA ...... 1,157,585 Houma, LA MSA b ...... 182,842 Houston-Galveston-Brazoria, TX CMSA a ...... 3,731,029 Huntington-Ashland, WV±KY±OH MSA b ...... 312,529 Indianapolis, IN MSA b ...... 1,380,491 Knoxville, TN MSA b ...... 585,960 Los Angeles-Riverside-San Bernardino CA CMSA a ...... 14,531,529 Louisville, KY±IN MSA ...... 949,012 Memphis, TN±AR±MS MSA b ...... 1,007,356 Milwaukee-Racine, WI CMSA ...... 1,607,183 Nashville, TN MSA b ...... 985,026 New York-Northern New Jersey-Long Island, NY±NJ±CT±PA CMSA ...... 19,549,649 Philadelphia-Wilmington-Atlantic City, PA±NJ±DE±MD CMSA ...... 5,893,019 Portland, ME MSA b ...... 221,095 Providence-Fall River-Warwick, RI±MA MSA b ...... 1,134,350 Richmond-Petersburg, VA MSA b ...... 865,640 Springfield, MA MSA MSA ...... 587,884 St. Louis, MO±IL MSA ...... 2,492,348 Washington-Baltimore, DC±MD±VA±WV CMSA c ...... 6,726,395

8 A predicted ozone level of 0.125 was considered violation, in order to qualify an area for listing in 9 Of the areas that would have the 1-hour to be an exceedance of the 1-hour NAAQS. Counties the first group. In some cases, grouping by MSA and standard restored by our proposed rescission action, in Tables 2 and 3 are grouped and identified by CMSA groups counties or parts of counties one area had a design value above the standard in Consolidated Metropolitan Statistical Areas differently than we and the states group them for both 1995–97 and 1996–98. Six areas had (CMSAs) where they exist, or by Metropolitan purposes of nonattainment area boundaries, monitored design values which exceeded the 1- Statistical Areas (MSAs) where no CMSA applies. hour standard in 1995–97 but not in 1996–98, and classifications, attainment deadlines, or SIP Within a CMSA or MSA, the county of a predicted six areas had the reverse. We placed areas on Table approval or disapproval actions. This is for exceedance in 2007 was not required to match the 2 or Table 3 based on the period that gave the county which has experienced a recent monitored simplicity of presentation in this document only. higher design value.

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TABLE 2ÐContinued [Metropolitan areas with recent design values above the 1-hour ozone NAAQS and also projected to experience exceedances of the 1-hour standard in 2007 (2010 for Los Angeles) with ROTR controls but without Tier 2/Sulfur controls.]

Metropolitan area 1990 population

Total Population ...... 90,383,971

Number of Areas ...... 31 a=These areas are not subject to the ROTR and were modeled accordingly. b=EPA has proposed to re-apply the 1-hour ozone NAAQS. c=Washington, DC and Baltimore, MD are distinct nonattainment areas within one CMSA. They each meet the criteria for inclusion in this table.

Table 3—Areas without recent ozone which had design values below the 1- if the 1997–99 period is considered, violations—Areas that have not recently hour NAAQS in both 1995–97 and some of these areas may have 1-hour experienced an ozone violation may 1996–1998. The proposal of October 20, design values above the NAAQS. Details nevertheless need further emission 1999 proposed to restore the on the monitored design values and reductions in order to maintain their applicability of the 1-hour standard to 2007 exceedance predictions from the compliance with the 1-hour standard. In these areas. Table 3 also indicates the regional ozone modeling are given in a order to identify a set of areas that may closest that each area came to having a memo to Air Docket A–97–10, titled need additional reductions to maintain monitored design value above the ‘‘Recent Design Values for Counties the 1-hour standard, we have listed in standard in the 1995–98 period, by Predicted by Regional Ozone Modeling Table 3 the areas for which our regional grouping the areas into bands of 95–100 to Have 1-Hour Ozone Exceedances in ozone modeling predicts at least one percent of the NAAQS, 90–94 percent, 2007 Without Tier 2/Sulfur Control.’’ ozone exceedance day for 2007 but etc. Preliminary 1999 data indicate that

TABLE 3. [Metropolitan areas with recent design values below the 1-hour ozone NAAQS, but projected to experience exceedances of the 1-hour standard in 2007 with ROTR controls but without Tier 2/Sulfur controls.]

Metropolitan area 1990 population

Recent Design Value Between 95 and 100 Percent of NAAQS a

Augusta-Aiken, GA-SC MSA ...... 415,220 Cleveland-Akron, OH CMSA ...... 2,859,644 Greensboro-Winston Salem-High Point, NC MSA ...... 1,050,304 Greenville-Spartanburg-Anderson, SC MSA ...... 830,539 Montgomery, AL MSA ...... 292,517 New Orleans, LA MSA b ...... 1,285,262 Raleigh-Durham-Chapel Hill, NC MSA ...... 858,485 Reading, PA MSA ...... 336,523 Tulsa, OK MSA b ...... 708,954

9 Areas Population Subtotal ...... 8,637,448

Recent Design Value Between 90 and 94 Percent of NAAQS a

Allentown-Bethlehem-Easton, PA MSA ...... 595,081 Biloxi-Gulfport-Pascagoula, MS MSA b ...... 312,368 Columbia, SC MSA ...... 453,932 Columbus, OH MSA ...... 1,345,450 Detroit-Ann Arbor-Flint, MI CMSA ...... 5,187,171 Harrisburg-Lebanon-Carlisle, PA MSA ...... 587,986 Johnson City-Kingsport-Bristol, TN-VA MSA ...... 436,047 Mobile, AL MSA ...... 476,923 Orlando, FL MSA b ...... 1,224,844 Pensacola, FL MSA b ...... 344,406

10 Areas Population Subtotal ...... 10,964,208

Recent Design Value Below 85 and 89 Percent of NAAQS a

Charleston, WV MSA ...... 250,545 Columbus, GA-AL MSA ...... 260,862 Fayetteville, NC MSA ...... 274,713 Hickory-Morganton-Lenoir, NC MSA ...... 292,405 Lafayette, LA MSA b ...... 345,053 Norfolk-Virginia Beach-Newport News, VA-NC MSA ...... 1,444,710 York, PA MSA ...... 339,574

7 Areas Population Subtotal ...... 3,207,862

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TABLE 3.ÐContinued [Metropolitan areas with recent design values below the 1-hour ozone NAAQS, but projected to experience exceedances of the 1-hour standard in 2007 with ROTR controls but without Tier 2/Sulfur controls.]

Metropolitan area 1990 population

Recent Design Value Below 85 Percent of NAAQS a

Jackson, MS MSA b ...... 395,396

1 Area Population Subtotal ...... 395,396

Total Population ...... 23,204,914

Number of Areas ...... 27 a = Each area is assigned to one of these groups based on the higher of its 1995±97 or 1996±98 design value. b = These areas are not subject to the ROTR and were modeled accordingly.

EPA believes that the ozone model’s Dated: October 20, 1999. with these regulatory proposals will predictions of exceedances in the areas Carol M. Browner, help to restore the health of thousands listed in Table 3 are information that is Administrator. of miles of river and shoreline and make relevant to the determination we will [FR Doc. 99–27933 Filed 10–26–99; 8:45 am] millions of lake acres safe for their make regarding the need for further BILLING CODE 6560±50±P designated uses. emission reductions to attain or EPA sought comment on both sets of maintain the NAAQS, provided that the proposed rules by October 22, 1999. In 1-hour standard is restored for these ENVIRONMENTAL PROTECTION response to comments from the public areas. Therefore we are presenting this AGENCY requesting additional time to fully information for public comment. In the analyze the issues and prepare development of the ROTR, we did not 40 CFR Parts 122, 123, 124, 130, and comprehensive comments, EPA rely on presently clean areas such as 131 extended the original comment period these as receptor areas for determining [FRL±6464±3] to December 22, 1999 (64 FR 53304, whether emissions in upwind states will , 1999). Today, in response to contribute to nonattainment in Proposed Revisions to the Water Congressional direction in EPA’s downwind states. However, at the time, Quality Planning and Management appropriations bill, EPA is extending the 1-hour standard did not apply to Regulation, and Revisions to the the comment period to , 2000. National Pollutant Discharge such areas so there was a legal as well DATES: Comments on these proposals Elimination System Program and as an air quality basis for not must be submitted on or before January Federal Antidegradation Policy in considering these areas. We invite 20, 2000. Comments provided Support of Proposed Revisions to the comment on whether and how we electronically will be considered timely Water Quality Planning and should consider the areas listed in Table if they are submitted by 11:59 P.M. Management Regulation 3 for purposes of our section 202(i) (Eastern time) January 20, 2000. determination on the need for AGENCY: Environmental Protection ADDRESSES: Send written comments on additional emission reductions. Agency. the Proposed Revisions to the Water EPA has been updating its regional ACTION: Proposed rule; extension of Quality Planning and Management ozone modeling estimates and methods, comment period. Regulation to the Comment Clerk for the in part in response to comments on our SUMMARY: On August 23, 1999, EPA TMDL Program Rule, Water Docket (W– NPRM and the first supplemental issued two proposed rules to revise, 98–31), Environmental Protection notice. We are currently in the process clarify and strengthen the current Agency, 401 M Street, S.W., of updating the docket to include regulatory requirements for identifying Washington, DC 20460. documents that describe this additional impaired waters and establishing Total Send written comments on the ozone modeling. We intend to consider Maximum Daily Loads (TMDLs) under Revisions to the NPDES Program and this modeling in taking final action on the Clean Water Act: revisions to the Federal Antidegradation Policy in our May 13 proposal. Anyone who is Water Quality Planning and Support of Proposed Revisions to the interested in this updated modeling Management Regulation (64 FR 46012); Water Quality Planning and should review the docket for further and revisions to the National Pollutant Management Regulation to the information. Discharge Elimination System (NPDES) Comment Clerk, Water Docket (W–99– III. Public Comment Program and Federal Antidegradation 04), Environmental Protection Agency, Policy (64 FR 46058) in support of the 401 M Street, S.W., Washington, DC We seek comments on all aspects of revisions at 64 FR 46012. These 20460. this Supplemental Notice, including the proposed regulatory revisions address EPA requests that commenters submit continuing need for Tier 2 emission issues of fundamental importance to any references cited in their comments. standards for vehicles and reducing cleaning up our Nation’s polluted EPA also requests that commenters sulfur in gasoline to attain and maintain waters. Listing impaired and threatened submit an original and 3 copies of their the NAAQS. Please see the Addresses waters and establishing TMDLs are written comments and enclosures. section in this document for how and fundamental tools for identifying Commenters that want receipt of their where to send any comments you may remaining sources of water pollution comments acknowledged should have on the supplemental information and achieving water quality goals. include a self-addressed, stamped provided in today’s document. Clean-up plans developed consistent envelope. All comments must be

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules 57835 postmarked or delivered by hand. No FEDERAL COMMUNICATIONS Members of the public should note facsimiles (faxes) will be accepted. COMMISSION that from the time a Notice of Proposed EPA will also accept comments Rule Making is issued until the matter 47 CFR Part 73 electronically. Comments should be is no longer subject to Commission addressed to the following Internet [DA No. 2186, MM Docket No. 99±302, RM± consideration or court review, all ex parte contacts are prohibited in address: [email protected]. Electronic 9727] Commission proceedings, such as this comments must be submitted as an Radio Broadcasting Services; one, which involve channel allotments. ASCII or WordPerfect file avoiding the Monahans and Gardendale, TX See 47 CFR 1.1204(b) for rules use of special characters and any form governing permissible ex parte contact. on encryption. Electronic comments AGENCY: Federal Communications For information regarding proper must be identified by the appropriate Commission. filing procedures for comments, see 47 docket number (W–98–31 for the TMDL ACTION: Proposed rule. CFR 1.415 and 1.420. rule and W–99–04 for the NPDES Program/Federal Antidegradation Policy SUMMARY: This document requests List of Subjects in 47 CFR Part 73 rule), and may be filed online at many comments on a petition filed on behalf Radio broadcasting. of Capstar Royalty II Corporation, Federal depository Libraries. No Federal Communications Commission. confidential business information (CBI) requesting the reallotment of Channel 271C from Monahans, Texas, to John A. Karousos, should be sent via e-mail. Gardendale, Texas, and modification of Chief, Allocations Branch, Policy and Rules A copy of the supporting documents the license for Station KCDQ to specify Division, Mass Media Bureau. cited in the proposals are available for Gardendale, Texas, as the community of [FR Doc. 99–27992 Filed 10–26–99; 8:45 am] review at EPA’s Water Docket; Room license. The coordinates for Channel BILLING CODE 6712±01±P EB–57 (East Tower Basement), 401 M 271C at Gardendale are 31–57–55 and Street, SW, Washington, DC 20460. For 102–46–10. Although Gardendale is access to docket materials, call (202) located within 320 kilometers of the FEDERAL COMMUNICATIONS 260–3027 between 9 a.m. and 3:30 p.m. U.S.-Mexican border, concurrence of the COMMISSION for an appointment. An electronic Mexican Government is not required as 47 CFR Part 73 version of the TMDL proposal is no change in channel or transmitter site available via the Internet at: . Rules, we shall not accept competing expressions of interest in the use of Radio Broadcasting Services; FOR FURTHER INFORMATION CONTACT: Channel 271C at Gardendale. Seymour, TX Hazel Groman, U.S. EPA, Office of DATES: Comments must be filed on or Wetlands, Oceans and Watersheds before , 1999, and reply AGENCY: Federal Communications (4503F), 401 M St., S.W., Washington, comments on or before , Commission. D.C. 20640, (202) 401–4078 for the 1999. ACTION: Proposed rule. TMDL rule. Kim Kramer, Office of ADDRESSES: Federal Communications Wastewater Management, 401 M St., Commission, Washington, DC. 20554. In SUMMARY: This document requests S.W., Washington, D.C. 20640, Mail addition to filing comments with the comments on a petition filed by Code 4203, e-mail: FCC, interested parties should serve the Seymour Broadcasting Company [email protected], telephone: (202) petitioner’s counsel, as follows: Gregory proposing the allotment of Channel 260–9541 for information regarding the L. Masters, E. Joseph Knoll III, Wiley, 254A at Seymour, Texas, as the NPDES provisions, or Susan Gilbertson, Rein & Fielding, 1776 K street, NW, community’s second FM broadcast Office of Science and Technology, 401 Washington, DC 20006. service. The channel can be allotted to Seymour in compliance with the M St., S.W., Washington, D.C. 20640, FOR FURTHER INFORMATION CONTACT: Mail Code 4305, e-mail: Kathleen Scheuerle, Mass Media Commission’s Rules provided there is a [email protected], telephone Bureau, (202) 418–2180. site restriction 10.1 kilometers (6.3 (202) 260–7301 for information miles) south of the community. The SUPPLEMENTARY INFORMATION: This is a coordinates for Channel 254A at regarding the water quality standards summary of the Commission’s Notice of provisions. Seymour are 33–29–57 NL and 99–15– Proposed Rule Making, MM Docket No. 06 WL. Dated: October 21, 1999. 99–302, adopted , 1999, and DATES: released , 1999. The full text Comments must be filed on or J. Charles Fox, of this Commission decision is available before December 6, 1999, and reply for inspection and copying during comments on or before December 21, Assistant Administrator for Water. 1999. [FR Doc. 99–28044 Filed 10–26–99; 8:45 am] normal business hours in the Commission’s Reference Center, ADDRESSES: Federal Communications BILLING CODE 6560±50±P Washington, DC. The complete text of Commission, Washington, DC 20554. In this decision may also be purchased addition to filing comments with the from the Commission’s copy FCC, interested parties should serve the contractors, International Transcription petitioner’s counsel, as follows: Audrey Services, Inc., 1231 20th Street, NW., P. Rasmussen, O’Connor & Hannan, Washington, DC. 20036, (202) 857–3800, L.L.P., 1919 Pennsylvania, Avenue, NW, facsimile (202) 857–3805. Suite 800, Washington, DC 20006. Provisions of the Regulatory FOR FURTHER INFORMATION CONTACT: Flexibility Act of 1980 do not apply to Kathleen Scheuerle, Mass Media this proceeding. Bureau, (202) 418–2180.

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SUPPLEMENTARY INFORMATION: This is a concurrence will be requested for the FEDERAL COMMUNICATIONS summary of the Commission’s Notice of allotment of Channel 227A at Charlotte. COMMISSION Proposed Rule Making, MM Docket No. DATES: 99–303, adopted October 6, 1999, and Comments must be filed on or 47 CFR Part 73 released October 15, 1999. The full text before December 6, 1999, and reply comments on or before December 21, [DA No. 99±2187, MM Docket No. 99±305, of this Commission decision is available RM±9537] for inspection and copying during 1999. normal business hours in the ADDRESSES: Federal Communications Radio Broadcasting Services; Commission’s Reference Center, 445 Commission, Washington, DC. 20554. In Alberton, MT 12th Street, SW, Washington, DC. The addition to filing comments with the AGENCY: Federal Communications complete text of this decision may also FCC, interested parties should serve the Commission. be purchased from the Commission’s petitioner’s counsel, as follows: Robert ACTION: Proposed rule. copy contractors, International Lewis Thompson, Taylor Thiemann & Transcription Services, Inc., 1231 20th Aitken, L.C., 908 King Street, Suite 300, SUMMARY: This document requests Street, NW, Washington, DC 20036, Alexandria, Virginia 22314. comments on a petition filed by (202) 857–3800, facsimile (202) 857– Mountain West Broadcasting proposing 3805. FOR FURTHER INFORMATION CONTACT: the allotment of Channel 294C3 at Provisions of the Regulatory Kathleen Scheuerle, Mass Media Alberton, Montana. The channel can be Flexibility Act of 1980 do not apply to Bureau, (202) 418–2180. allotted to Alberton in compliance with this proceeding. the Commission’s spacing requirements SUPPLEMENTARY INFORMATION: This is a Members of the public should note at coordinates 47–00–06 NL and 114– summary of the Commission’s Notice of that from the time a Notice of Proposed 28–21 WL. Canadian concurrence will Rule Making is issued until the matter Proposed Rule Making, MM Docket No. be requested for this allotment. is no longer subject to Commission 99–304, adopted October 6, 1999, and DATES: Comments must be filed on or released October 15, 1999. The full text consideration or court review, all ex before December 6, 1999, and reply parte contacts are prohibited in of this Commission decision is available comments on or before December 21, Commission proceedings, such as this for inspection and copying during 1999. one, which involve channel allotments. normal business hours in the ADDRESSES: Federal Communications See 47 CFR 1.1204(b) for rules Commission’s Reference Center, 445 Commission, Washington, DC. 20554. In governing permissible ex parte contact. 12th Street, SW, Washington, DC. The addition to filing comments with the For information regarding proper complete text of this decision may also filing procedures for comments, see 47 FCC, interested parties should serve the be purchased from the Commission’s petitioner, as follows: Victor A. Michael, CFR 1.415 and 1.420. copy contractors, International Jr., President, Mountain West List of Subjects in 47 CFR Part 73 Transcription Services, Inc., 1231 20th Broadcasting, 6807 Foxglove Drive, Radio broadcasting. Street, NW, Washington, DC 20036, Cheyenne, Wyoming 82009. (202) 857–3800, facsimile (202) 857– FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. 3805. Kathleen Scheuerle, Mass Media John A. Karousos, Provisions of the Regulatory Bureau, (202) 418–2180. Chief, Allocations Branch, Policy and Rules SUPPLEMENTARY INFORMATION: This is a Division, Mass Media Bureau. Flexibility Act of 1980 do not apply to this proceeding. summary of the Commission’s Notice of [FR Doc. 99–27991 Filed 10–26–99; 8:45 am] Proposed Rule Making, MM Docket No. Members of the public should note BILLING CODE 6712±01±P 99–305, adopted October 6, 1999, and that from the time a Notice of Proposed released October 15, 1999. The full text Rule Making is issued until the matter of this Commission decision is available FEDERAL COMMUNICATIONS is no longer subject to Commission for inspection and copying during COMMISSION consideration or court review, all ex normal business hours in the parte contacts are prohibited in 47 CFR Part 73 Commission’s Reference Center, 445 Commission proceedings, such as this 12th Street, SW, Washington, DC. The [DA No. 99±2187, MM Docket No. 99±304, one, which involve channel allotments. complete text of this decision may also RM±9738] See 47 CFR 1.1204(b) for rules be purchased from the Commission’s governing permissible ex parte contact. copy contractors, International Radio Broadcasting Services; Transcription Services, Inc., 1231 20th Charlotte, TX For information regarding proper filing procedures for comments, see 47 Street, NW, Washington, DC 20036, AGENCY: Federal Communications CFR 1.415 and 1.420. (202) 857–3800, facsimile (202) 857– Commission. 3805. ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 Provisions of the Regulatory Flexibility Act of 1980 do not apply to SUMMARY: This document requests Radio broadcasting. this proceeding. comments on a petition filed by Federal Communications Commission. Members of the public should note Charlotte Radio Broadcasting Company John A. Karousos, that from the time a Notice of Proposed proposing the allotment of Channel Rule Making is issued until the matter 227A at Charlotte, Texas. The channel Chief, Allocations Branch, Policy and Rules is no longer subject to Commission Division, Mass Media Bureau. can be allotted to Charlotte in consideration or court review, all ex compliance with the Commission’s [FR Doc. 99–27990 Filed 10–26–99; 8:45 am] parte contacts are prohibited in spacing requirements at coordinates 28– BILLING CODE 6712±01±P Commission proceedings, such as this 49–49 NL and 98–51–01 WL. There is a one, which involve channel allotments. site restriction 14.3 kilometers (8.9 See 47 CFR 1.1204(b) for rules miles) west of the community. Mexican governing permissible ex parte contact.

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For information regarding proper Transcription Services, Inc., 1231 20th SUPPLEMENTARY INFORMATION: This is a filing procedures for comments, see 47 Street, NW., Washington, DC 20036, summary of the Commission’s Notice of CFR 1.415 and 1.420. (202) 857–3800, facsimile (202) 857– Proposed Rule Making, MM Docket No. 3805. 99–307, adopted October 6, 1999, and List of Subjects in 47 CFR Part 73 Provisions of the Regulatory released October 15, 1999. The full text Radio broadcasting. Flexibility Act of 1980 do not apply to of this Commission decision is available Federal Communications Commission. this proceeding. for inspection and copying during John A. Karousos, Members of the public should note normal business hours in the Chief, Allocations Branch, Policy and Rules that from the time a Notice of Proposed Commission’s Reference Center, 445 Division, Mass Media Bureau. Rule Making is issued until the matter 12th Street, SW, Washington, DC. The [FR Doc. 99–27989 Filed 10–26–99; 8:45 am] is no longer subject to Commission complete text of this decision may also consideration or court review, all ex be purchased from the Commission’s BILLING CODE 6712±01±P parte contacts are prohibited in copy contractors, International Commission proceedings, such as this Transcription Services, Inc., 1231 20th FEDERAL COMMUNICATIONS one, which involve channel allotments. Street, NW., Washington, DC 20036, COMMISSION See 47 CFR 1.1204(b) for rules (202) 857–3800, facsimile (202) 857– governing permissible ex parte contact. 3805. 47 CFR Part 73 For information regarding proper Provisions of the Regulatory filing procedures for comments, see 47 Flexibility Act of 1980 do not apply to [DA No. 99±2187, MM Docket No. 99±306, CFR 1.415 and 1.420. this proceeding. RM±9729] Members of the public should note List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; Inglis, that from the time a Notice of Proposed FL Radio broadcasting. Rule Making is issued until the matter Federal Communications Commission. is no longer subject to Commission AGENCY: Federal Communications John A. Karousos, consideration or court review, all ex Commission. parte contacts are prohibited in Chief, Allocations Branch, Policy and Rules ACTION: Proposed rule. Division, Mass Media Bureau. Commission proceedings, such as this one, which involve channel allotments. [FR Doc. 99–27988 Filed 10–26–99; 8:45 am] SUMMARY: This document requests See 47 CFR 1.1204(b) for rules comments on a petition filed by Levy BILLING CODE 6712±01±P governing permissible ex parte contact. County Broadcasting proposing the For information regarding proper allotment of Channel 257A at Inglis, FEDERAL COMMUNICATIONS filing procedures for comments, see 47 Florida, as the community’s second FM CFR 1.415 and 1.420. broadcast service. The channel can be COMMISSION List of Subjects in 47 CFR Part 73 allotted to Inglis in compliance with the 47 CFR Part 73 Commission’s spacing requirements at Radio broadcasting. [DA No. 99±2187, MM Docket No. 99±307, coordinates 29–07–49 NL and 82–41–19 Federal Communications Commission. RM±9739] WL. There is a site restriction 11.1 John A. Karousos, kilometers (6.9 miles) north of the Radio Broadcasting Services; Big Sky, Chief, Allocations Branch, Policy and Rules community. MT Division, Mass Media Bureau. DATES: Comments must be filed on or [FR Doc. 99–27987 Filed 10–26–99; 8:45 am] AGENCY: before December 6, 1999, and reply Federal Communications BILLING CODE 6712±01±P comments on or before December 21, Commission. 1999. ACTION: Proposed rule. ADDRESSES: Federal Communications FEDERAL COMMUNICATIONS Commission, Washington, DC 20554. In SUMMARY: This document requests COMMISSION addition to filing comments with the comments on a petition filed by R. FCC, interested parties should serve the Steven Hicks proposing the allotment of 47 CFR Part 73 Channel 242A at Big Sky, Montana. The petitioner’s counsel, as follows: Cary S. [DA 99±2195; MM Docket No. 99±310; RM± Tepper, Booth, Freret, Imlay & Tepper, channel can be allotted to Big Sky in 9742] P.C., 5101 Wisconsin Avenue, NW, compliance with the Commission’s Suite 307, Washington, DC 20016–4120. spacing requirements at coordinates 45– Radio Broadcasting Services; Box FOR FURTHER INFORMATION CONTACT: 16–02 NL and 111–22–14 WL. Elder, SD DATES: Comments must be filed on or Kathleen Scheuerle, Mass Media AGENCY: Federal Communications Bureau, (202) 418–2180. before December 6, 1999, and reply comments on or before December 21, Commission. SUPPLEMENTARY INFORMATION: This is a ACTION: Proposed rule. summary of the Commission’s Notice of 1999. Proposed Rule Making, MM Docket No. ADDRESSES: Federal Communications SUMMARY: The Commission requests 99–306, adopted October 6, 1999, and Commission, Washington, DC 20554. In comments on a petition filed by La Nina released October 15, 1999. The full text addition to filing comments with the Education Association proposing the of this Commission decision is available FCC, interested parties should serve the allotment of Channel 274A at Box Elder, for inspection and copying during petitioner’s counsel, as follows: Gregory South Dakota, as the community’s first normal business hours in the L. Masters, Marjorie J. Dickman, Wiley, local aural transmission service. Commission’s Reference Center, 445 Rein & Fielding, 1776 K Street, NW, Channel 274A can be allotted to Box 12th Street, SW, Washington, DC. The Washington, DC 20006. Elder in compliance with the complete text of this decision may also FOR FURTHER INFORMATION CONTACT: Commission’s minimum distance be purchased from the Commission’s Kathleen Scheuerle, Mass Media separation requirements at city copy contractors, International Bureau, (202) 418–2180. reference coordinates. The coordinates

VerDate 12-OCT-99 16:22 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.XXX pfrm01 PsN: 27OCP1 57838 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Proposed Rules for Channel 274A at Box Elder are 44– FEDERAL COMMUNICATIONS Commission proceedings, such as this 06–48 North Latitude and 103–04–12 COMMISSION one, which involve channel allotments. West Longitude. See 47 CFR 1.1204(b) for rules 47 CFR Part 73 governing permissible ex parte contacts. DATES: Comments must be filed on or For information regarding proper before December 6, 1999, and reply [DA 99±2195; MM Docket No. 99±309; RM± 9694] filing procedures for comments, see 47 comments on or before December 21, CFR 1.415 and 1.420. 1999. Radio Broadcasting Services; List of Subjects in 47 CFR Part 73 ADDRESSES: Federal Communications Keosauqua, IA Radio broadcasting. Commission, Washington, DC 20554. In AGENCY: Federal Communications addition to filing comments with the Commission. Federal Communications Commission. FCC, interested parties should serve the John A. Karousos, ACTION: Proposed rule. petitioner, his counsel, or consultant, as Chief, Allocations Branch, Policy and Rules follows: Ms. Heidi Olivares, La Nina SUMMARY: The Commission requests Division, Mass Media Bureau. Education Association, 3802 Dawn comments on a petition filed by [FR Doc. 99–28009 Filed 10–26–99; 8:45 am] # Road, A, Madson, Wisconsin 53704 McTronix proposing the allotment of BILLING CODE 6712±01±P (Petitioner). Channel 271C3 at Keosauqua, Iowa, as the community’s first local aural FOR FURTHER INFORMATION CONTACT: transmission service. Channel 271C3 FEDERAL COMMUNICATIONS Sharon P. McDonald, Mass Media can be allotted to Keosauqua in COMMISSION Bureau, (202) 418–2180. compliance with the Commission’s 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a minimum distance separation synopsis of the Commission’s Notice of requirements at city reference coordinates. The coordinates for [DA 99±2195; MM Docket No. 99±308; RM± Proposed Rule Making, MM Docket No. 9693] 99–310, adopted October 6, 1999, and Channel 271C3 at Keosauqua are 40–43– released October 15, 1999. The full text 48 North Latitude and 91–57–48 West Radio Broadcasting Services; of this Commission decision is available Longitude. Watseka, IL for inspection and copying during DATES: Comments must be filed on or AGENCY: Federal Communications normal business hours in the FCC before December 6, 1999, and reply Commission. Reference Information Center (Room comments on or before December 21, CY–A257), 445 12th Street, SW, 1999. ACTION: Proposed rule. ADDRESSES: Federal Communications Washington, DC. The complete text of SUMMARY: The Commission requests Commission, Washington, DC 20554. In this decision may also be purchased comments on a petition filed by Iroquois addition to filing comments with the from the Commission’s copy contractor, County Broadcasting Company FCC, interested parties should serve the International Transcription Service, proposing the allotment of Channel petitioner, his counsel, or consultant, as Inc., (202) 857–3800, 1231 20th Street, 240A at Watseka, Illinois, as the follows: John S. Neely, Miller & Miller, NW, Washington, DC 20036. community’s second local FM P.C., P.O. Box 33003, Washington, DC transmission service. Channel 240A can Provisions of the Regulatory 20033 (Counsel for Petitioner). be allotted to Watseka in compliance Flexibility Act of 1980 do not apply to FOR FURTHER INFORMATION CONTACT: this proceeding. with the Commission’s minimum Sharon P. McDonald, Mass Media distance separation requirements with a Members of the public should note Bureau, (202) 418–2180. site restriction of 5.4 kilometers (3.3 that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION: This is a miles) northwest at petitioner’s Rule Making is issued until the matter synopsis of the Commission’s Notice of requested site. The coordinates for is no longer subject to Commission Proposed Rule Making, MM Docket No. Channel 240A at Watseka are 40–48–00 consideration or court review, all ex 99–309, adopted October 6, 1999, and North Latitude and 87–47–15 West parte contacts are prohibited in released October 15, 1999. The full text Longitude. Commission proceedings, such as this of this Commission decision is available DATES: Comments must be filed on or one, which involve channel allotments. for inspection and copying during before December 6, 1999, and reply See 47 CFR 1.1204(b) for rules normal business hours in the FCC comments on or before December 21, governing permissible ex parte contacts. Reference Information Center (Room 1999. CY–A257), 445 12th Street, SW, For information regarding proper ADDRESSES: Washington, DC. The complete text of Federal Communications filing procedures for comments, see 47 this decision may also be purchased Commission, Washington, DC 20554. In CFR 1.415 and 1.420. from the Commission’s copy contractor, addition to filing comments with the FCC, interested parties should serve the List of Subjects in 47 CFR Part 73 International Transcription Service, Inc., (202) 857–3800, 1231 20th Street, petitioner, his counsel, or consultant, as Radio broadcasting. NW, Washington, DC 20036. follows: Anne Thomas Paxson, Borsari Provisions of the Regulatory & Paxson, 2021 L Street, NW, Suite 402, Federal Communications Commission. Washington, DC 20036 (Counsel for John A. Karousos, Flexibility Act of 1980 do not apply to this proceeding. Petitioner). Chief, Allocations Branch, Policy and Rules Members of the public should note FOR FURTHER INFORMATION CONTACT: Division, Mass Media Bureau. that from the time a Notice of Proposed Sharon P. McDonald, Mass Media [FR Doc. 99–28010 Filed 10–26–99; 8:45 am] Rule Making is issued until the matter Bureau, (202) 418–2180. BILLING CODE 6712±01±P is no longer subject to Commission SUPPLEMENTARY INFORMATION: This is a consideration or court review, all ex synopsis of the Commission’s Notice of parte contacts are prohibited in Proposed Rule Making, MM Docket No.

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99–308, adopted October 6, 1999, and Provisions of the Regulatory For information regarding proper released October 15, 1999. The full text Flexibility Act of 1980 do not apply to filing procedures for comments, see 47 of this Commission decision is available this proceeding. CFR 1.415 and 1.420. for inspection and copying during Members of the public should note normal business hours in the FCC that from the time a Notice of Proposed List of Subjects in 47 CFR Part 73 Reference Information Center (Room Rule Making is issued until the matter Radio broadcasting. CY–A257), 445 12th Street, SW, is no longer subject to Commission Washington, DC. The complete text of consideration or court review, all ex Federal Communications Commission. this decision may also be purchased parte contacts are prohibited in John A. Karousos, from the Commission’s copy contractor, Commission proceedings, such as this Chief, Allocations Branch, Policy and Rules International Transcription Service, one, which involve channel allotments. Division, Mass Media Bureau. Inc., (202) 857–3800, 1231 20th Street, See 47 CFR 1.1204(b) for rules [FR Doc. 99–28008 Filed 10–26–99; 8:45 am] NW, Washington, DC 20036. governing permissible ex parte contacts. BILLING CODE 6712±01±P

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Notices Federal Register Vol. 64, No. 207

Wednesday, October 27, 1999

This section of the FEDERAL REGISTER Abstract: The information collected on those who are to respond, including contains documents other than rules or under Office of Management and Budget using appropriate automated, electronic, proposed rules that are applicable to the (OMB) Control Number 0560–0125, as mechanical, or other technological public. Notices of hearings and investigations, identified above allows FSA to collection techniques or other forms of committee meetings, agency decisions and effectively administer the regulations information technology. rulings, delegations of authority, filing of petitions and applications and agency under the CRP. The CRP regulations at Comments should be sent to the Desk statements of organization and functions are 7 CFR Part 1410 and formerly at 7 CFR Officer for Agriculture, Office of examples of documents appearing in this Part 704 set forth basic policies, Information and Regulatory Affairs, section. program provisions, and eligibility Office of Management and Budget, requirements for owners and operators Washington, DC 20503 and to Cheryl to enter into and carry out long-term Zavodny, Chief, Conservation Programs DEPARTMENT OF AGRICULTURE CRP contracts with financial and Branch, Conservation and technical assistance and for making Environmental Programs Division, Commodity Credit Corporation cost-share and annual rental payments USDA, FSA, 1400 Independence under the program. All information Avenue, SW, STOP 0513, Washington Notice of Request for Extension and collection under 7 CFR Part 704 has DC 20250–0513. Revision of a Currently Approved ceased. This regulation was removed by Copies of the information collection Information Collection the final CRP rule published February may be obtained from Cheryl Zavodny AGENCY: Commodity Credit Corporation, 19, 1997, which revised 7 CFR Part at the above address. USDA. 1410. CRP information collection OMB is required to make a decision ACTION: Notice and request for requirements will continue under 7 CFR concerning the collection(s) of comments. Part 1410. Total public burden hours are information contained in these based on the following assumptions: proposed regulations between 30 and 60 SUMMARY: In accordance with the 1. Average size for contracts is 70.0 days after publication of this document Paperwork Reduction Act of 1995, this acres for general and 8.0 acres for in the Federal Register. Therefore, a notice announces the Commodity Credit continuous signup contracts. comment to OMB is best assured of Corporation’s (CCC) intention to request 2. Approximately 3.442 million acres having its full effect if OMB receives it an extension and a revision to an are scheduled to expire under CRP on within 30 days of publication. approved information collection in September 30, 1999. The Secretary has All responses to this notice will be support of the Conservation Reserve the authority to maintain 36.4 million summarized and included in the request Program (CRP). The collection acres in the program through 2002. The for OMB approval. All comments will requirements have been revised to remaining enrollment authority through also become a matter of public record. amend the total burden hours to reflect 2002 is 7,181,000 acres. Signed at Washington, DC, on , CRP activity from 1999 through 2002, 3. Twenty-five percent of the 1999. including enrolling new acreage in the producers requesting early release will Keith Kelly, program and releasing acreage before not release the entire contract. Executive Vice President, Commodity Credit contract expiration as authorized by the Estimate of Burden: Public reporting Corporation. Federal Agriculture Improvement and burden for this collection of information [FR Doc. 99–28035 Filed 10–26–99; 8:45 am] Reform Act of 1996. is estimated to average .067691 hours BILLING CODE 3410±05±P DATES: Comments on this notice must be per response. received on or before December 27, 1999 Respondents: Owners, operators, and to be assured consideration. other producers on eligible cropland. DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: Comments may be sent to Cheryl 575,140. Food Safety and Inspection Service Estimated Number of Responses per Zavodny, Chief, Conservation Programs [Docket No. 99±044C] Branch, Conservation and Respondent: 1. Environmental Programs Division, Estimated Total Annual Burden on National Advisory Committee on Meat USDA, FSA, CEPD, STOP 0513, 1400 Respondents: 38,932. and Poultry Inspection; Correction Independence Avenue, SW, Comments are sought on these Washington, DC 20250–0513, telephone requirements including: (a) whether the This notice revises the information (202)720–7333; facsimile (202)720– continued collection of information is provided in the Federal Register notice 4619; or e-mail necessary for the proper performance of (64 FR 55226), published on , [email protected].; or the functions of the agency, including 1999 (FR Doc. 99–26559). The location facsimile (202) 720–4619. whether the information will have of the meeting was listed incorrectly in SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the the Federal Register. The Federal Title: Conservation Reserve Program. agency’s estimate of the burden Register stated that the full Committee OMB Control Number: 0560–0125. including the validity of the meeting will take place at the United Expiration Date of Approval: February methodology and assumptions used; (c) States Department of Agriculture, 29, 2000. enhancing the quality, utility, and Whitten Building, 14th and Type of Request: Extension and clarity of the information to be Independence Avenue, SW, Revision of Currently Approved collected; and (d) minimizing the Washington, DC in the Jefferson Room. Information Collection. burden of the collection of information The full Committee meeting will now

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57841 take place at the Quality Hotel and that facilities will continue to produce DEPARTMENT OF COMMERCE Suites, Jefferson Room, Courthouse revenue and that loans will be repaid as Plaza, 1200 North Courthouse Road, required by the RUS mortgage. A Bureau of Export Administration Arlington, VA 22201; telephone (703) periodic operations and maintenance 524–4000. (O&M) review, using the RUS Form 300, Information Systems; Technical Additionally, the meeting agenda has in accordance with RUS Bulletin 161– Advisory Committee; Notice of changed. There will be only four issues 5, is an effective means for RUS to Partially Closed Meeting discussed. The fifth issue will not be determine whether the borrowers’ The Information Systems Technical discussed, E. coli 0157 Action Plan. systems are being properly operated and Advisory Committee (ISTAC) will meet Also, the actual date the Secretary of maintained, thereby protecting the loan on and 10, 1999, 9 a.m., in Agriculture renewed the charter for the collateral. An O&M review is also used room 3884 of the Herbert C. Hoover Advisory Committee on Meat and to rate facilities and can be used for Building, 14th Street between Poultry Inspection is March 22, 1999, appraisals of collateral as prescribed by Pennsylvania Avenue and Constitution not , 1997, as published in the Office of Management and Budget Avenue, NW, Washington, DC. The the Federal Register. (OMB) Circular A–129, Policies for Committee advises the Office of the Done at Washington, DC on: October 21, Federal Credit Programs and Non-Tax Assistant Secretary for Export 1999. Receivables. Administration on technical questions Thomas J. Billy, Estimate of Burden: Public reporting that affect the level of export controls Administrator. burden for this collection of information applicable to information systems [FR Doc. 99–28036 Filed 10–26–99; 8:45 am] is estimated to average 4 hours per equipment and technology. response. BILLING CODE 3410±DM±P November 9 Respondents: Not-for-profit institutions. Public Session DEPARTMENT OF AGRICULTURE Estimated Number of Respondents: 1. Comments or presentations by the 233. public. Rural Utilities Service Estimated Number of Responses per 2. Electronic submission of support Respondent: 1. documents. Information Collection Activity; Estimated Total Annual Burden on 3. ISTAC proposal on graphics Comment Request Respondents: 932 hours. processors: present technology and AGENCY: Rural Utilities Service, USDA. Copies of this information collection recommendation. ACTION: Notice and request for can be obtained from Dawn Wolfgang, 4. A new look at computer comments. Program Development and Regulatory architecture. Analysis, at (202) 720–0812. 5. Discussion on revisions to high- SUMMARY: In accordance with the Comments are invited on (a) whether performance computer security Paperwork Reduction Act of 1995 (44 the collection of information is safeguard plan. U.S.C. Chapter 35, as amended), the necessary for the proper performance of November 9 and 10 Rural Utilities Service (RUS) invites the functions of the agency, including comments on this information whether the information will have Closed Session collection for which RUS intends to practical utility; (b) the accuracy of the 5. Discussion of matters properly request approval from the Office of agency’s estimate of burden including classified under Executive Order 12958, Management and Budget (OMB). the validity of the methodology and dealing with U.S. export control DATES: Comments on this notice must be assumption used; (c) ways to enhance programs and strategic criteria related received by December 27, 1999. the quality, utility and clarity of the thereto. FOR FURTHER INFORMATION CONTACT: F. information to be collected; and (d) A limited number of seats will be Lamont Heppe, Jr., Program ways to minimize the burden of the available for the public session. Development & Regulatory Analysis, collection of information on those who Reservations are not required. To the Rural Utilities Service, USDA, 1400 are to respond, including through the extent time permits, members of the Independence Ave., SW., STOP 1522, use of appropriate automated, public may present oral statements to Room 4034 South Building, electronic, mechanical, or other the Committee. The public may submit Washington, DC 20250–1522. technological collection techniques on written statements at any time before or Telephone: (202) 720–0736. FAX: (202) other forms of information technology. after the meeting. However, to facilitate 720–4120. Comments may be sent to F. Lamont distribution of public presentation SUPPLEMENTARY INFORMATION: Heppe, Jr., Director, Program materials to Committee members, the Title: Review Rating Summary. Development and Regulatory Analysis, Committee suggests that public OMB Control Number: 0572–0025. Rural Utilities Service, U.S. Department presentation materials or comments be Type of Request: Reinstatement of a of Agriculture, 1400 Independence Ave., forwarded before the meeting to the previously approved collection with SW., Stop 1522, Room 4034 South address listed below: Ms. Lee Ann change. Building, Washington, DC 20250–1522. Carpenter, Advisory Committees MS: Abstract: The Rural Utilities Service All responses to this notice will be 3876, U.S. Department of Commerce, (RUS) manages loan programs in summarized and included in the request 15th St. and Pennsylvania Ave, NW, accordance with the Rural for OMB approval. All comments will Washington, DC 20230. Electrification Act of 1936, 7 U.S.C. 901 also become a matter of public record. The Assistant Secretary for et seq., as amended. An important part Administration, with the concurrence of of safeguarding loan security is to see Dated: October 21, 1999. the delegate of the General Counsel, that RUS financed facilities are being Wally Beyer, formally determined on , responsibly used, adequately operated Administrator, Rural Utilities Service. 1999, pursuant to section 10(d) of the and adequately maintained. Future [FR Doc. 99–28034 Filed 10–26–99; 8:45 am] Federal Advisory Committee Act, as needs have to be anticipated to ensure BILLING CODE 3410±15±P amended, that the series of meetings or

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57842 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices portions of meetings of these steel products from Slovakia. See industrial nitrocellulose. This Committees and of any Subcommittees Initiation of Antidumping Duty administrative review was requested by thereof, dealing with the classified Investigations: Certain Cold-Rolled Flat- ICI and is for the period July 1, 1998 materials listed in 5 U.S.C. 552(c)(1) Rolled Carbon-Quality Steel Products through June 30, 1999. The Department shall be exempt from the provisions from Argentina, Brazil, the People’s is rescinding this review after receiving relating to public meetings found in Republic of China, Indonesia, Japan, the a timely withdrawal from ICI of its section 10(a)(1) and (a)(3), of the Federal Russian Federation, Slovakia, South request for review. Advisory Committee Act. The remaining Africa, Taiwan, Thailand, Turkey, and EFFECTIVE DATE: series of meetings or portions thereof Venezuela, 64 FR 34194. The notice October 27, 1999. will be open to the public. stated that the Department would issue FOR FURTHER INFORMATION CONTACT: A copy of the Notice of Determination its preliminary determinations no later Thomas Futtner or Ron Trentham, to close meetings or portions of than 140 days after the date of initiation Group II, Office 4, Import meetings of these Committees is (i.e., , 1999). Administration, International Trade available for public inspection and On , 1999, pursuant to Administration, US Department of copying in the Central Reference and section 771(18)(B) of the Tariff Act of Commerce, 14th Street and Constitution Records Inspection Facility, Room 6020, 1930, as amended (‘‘the Act’’), the Avenue, NW, Washington, D.C. 20230; U.S. Department of Commerce, Department revoked the non-market telephone (202) 482–3814 and (202) Washington, DC. For further economy status of Slovakia. As a result, 482–6320, respectively. information or copies of the minutes the Department discontinued the use of call Lee Ann Carpenter, 202–482–2583. its non-market economy methodology in The Applicable Statute Dated: October 20, 1999. this investigation, and is now Unless otherwise indicated, all Lee Ann Carpenter, proceeding using its market economy citations to the Tariff Act of 1930, as methodology. Thus, the Department Committee Liaison Officer. amended (‘‘the Act’’), are references to must now gather additional data, review the provisions effective January 1, 1995, [FR Doc. 99–27980 Filed 10–26–99; 8:45 am] responses, and address all issues using BILLING CODE 3510±33±M the effective date of the Uruguay Round its market economy investigation Agreements Act (‘‘URAA’’). In addition, methodology. Consequently, in unless otherwise indicated, all citations DEPARTMENT OF COMMERCE accordance with section 733(c)(1)(B) of to the Department’s regulations are to the Act, the Department concludes that the regulations at 19 CFR part 351 International Trade Administration this case is extraordinarily complicated, (1998). and that additional time is necessary to [A±859±801] issue the preliminary determination. Background Therefore, pursuant to section 733(c)(1) Notice of Postponement of Preliminary of the Act, the Department is postponing On , 1999, ICI requested that Antidumping Duty Determination: the deadline for issuing this the Department conduct an Certain Cold-Rolled Flat-Rolled determination until December 8, 1999. administrative review of the subject merchandise it exported from the Carbon-Quality Steel Products from This extension is in accordance with United Kingdom for the period July 1, Slovakia section 733(c) of the Act and 19 CFR 1998 through June 30, 1999. AGENCY: Import Administration, 351.205(b)(2). On , 1999, the Department International Trade Administration, Dated: October 19, 1999. Department of Commerce. published in the Federal Register (64 Richard W. Moreland, FR 47167) a notice of initiation of EFFECTIVE DATE: October 27, 1999. Acting Assistant Secretary for Import administrative review with respect to FOR FURTHER INFORMATION CONTACT: Administration. ICI for the period July 1, 1998 through LaVonne Jackson, Doug Campau, or [FR Doc. 99–28058 Filed 10–26–99; 8:45 am] June 30, 1999. On , 1999, Abdelali Elouaradia, Office V, DAS BILLING CODE 3510±DS±P ICI requested that it be allowed to Group II, Import Administration, withdraw its request for a review and International Trade Administration, US that the review be terminated. Department of Commerce, 14th Street DEPARTMENT OF COMMERCE and Constitution Avenue NW, Rescission of Review Washington, DC 20230; telephone (202) International Trade Administration Pursuant to 19 CFR 351.213(d)(1), the 482–3003, 482–1784, or (202) 482–0498, [A±412±803] Department will rescind an respectively. Industrial Nitrocellulose From the administrative review if a party that Postponement of Preliminary United Kingdom: Rescission of requested the review withdraws the Determination Antidumping Administrative Review request within 90 days of the date of The Department of Commerce (‘‘the publication of the notice of initiation of Department’’) is postponing the AGENCY: Import Administration, the requested review. Because ICI’s preliminary determination in the International Trade Administration, request for termination was submitted antidumping duty investigation of cold- Department of Commerce. within the 90-day time limit, and there rolled, flat-rolled, carbon-quality steel SUMMARY: On August 30, 1999, the were no requests for review from other products from Slovakia. The deadline Department of Commerce (‘‘the interested parties, we are rescinding this for issuing the preliminary Department’’) initiated an review. We will issue appropriate determination in this investigation is administrative review of the appraisement instructions directly to now December 8, 1999. antidumping duty order on industrial the US Customs Service. On June 21, 1999, the Department nitrocellulose from the United Kingdom This notice is in accordance with initiated an antidumping investigation for Imperial Chemical Industries PLC section 771(i) of the Tariff Act of 1930, of cold-rolled, flat-rolled, carbon-quality (‘‘ICI’’), a manufacturer and exporter of as amended, and 19 CFR 351.213(d)(4).

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Dated: October 21, 1999. sunset reviews is set forth in the the Sunset Regulations. Hercules asserts Bernard T. Carreau, Department’s Policy Bulletin 98:3— that it is not related to a foreign Deputy Assistant Secretary, Import Policies Regarding the Conduct of Five- producer, foreign exporter, or domestic Administration, Group II. year (‘‘Sunset’’) Reviews of importer of the subject merchandise and [FR Doc. 99–28056 Filed 10–26–99; 8:45 am] Antidumping and Countervailing Duty that it is not an importer of the subject BILLING CODE 3510±DS±P Orders; Policy Bulletin, 63 FR 18871 merchandise except on an occasional (April 16, 1998) (‘‘Sunset Policy spot basis. (See Hercules’ June 9, 1999 Bulletin’’). Intent to Participate at 2.) DEPARTMENT OF COMMERCE We received a complete substantive Scope response from Hercules on July 1, 1999, International Trade Administration The product covered by this order is within the 30-day deadline specified in [A±428±803] industrial nitrocellulose the Sunset Regulations under section (‘‘nitrocellulose’’) from Germany. 351.218(d)(3)(i). Hercules claims Final Results of Expedited Sunset Industrial nitrocellulose is a dry, white, interested party status under section Review: Industrial Nitrocellulose From amorphous synthetic chemical with a 771(9)(C) of the Act as a U.S. Germany nitrogen content between 10.8 and 12.2 manufacturer, producer, and wholesaler percent, and is produced from the of the subject merchandise. In its AGENCY: Import Administration, reaction of cellulose with nitric acid. substantive response, Hercules indicates International Trade Administration, Industrial nitrocellulose is used as a that it is the sole remaining U.S. Department of Commerce. film-former in coatings, lacquers, producer of nitrocellulose, was the ACTION: Notice of final results of furniture finishes, and printing inks. petitioner in the original investigation, expedited sunset review: industrial The scope of this order does not include and has participated in the nitrocellulose from Germany. explosive grade nitrocellulose, which administrative review proceeding. (See SUMMARY: On June 1, 1999, the has a nitrogen content greater than 12.2 Hercules’ July 1, 1999 Substantive Department of Commerce (‘‘the percent. Industrial nitrocellulose is Response at 1–2.) Department’’) initiated a sunset review currently classifiable under Harmonized We did not receive a substantive of the antidumping order on industrial Tariff Schedule (‘‘HTS’’) item number response from any respondent nitrocellulose from Germany (64 FR 3912.20.00. The HTS item number is interested party to this proceeding. 29261) pursuant to section 751(c) of the provided for convenience and customs Consequently, pursuant to section Tariff Act of 1930, as amended (the purposes only. The written description 351.218(e)(1)(ii)(C) of the Sunset ‘‘Act’’). On the basis of a notice of intent remains dispositive. Regulations, the Department determined to conduct an expedited, 120-day, to participate and adequate substantive History of the Order response filed on behalf of a domestic review of this order. interested party and inadequate The antidumping duty order on In accordance with section response (in this case, no response) from nitrocellulose from Germany was 751(c)(5)(C)(v) of the Act, the respondent interested parties, the published in the Federal Register on Department may treat a review as 1 Department determined to conduct an , 1990 (55 FR 28270). In that extraordinarily complicated if it is a expedited review. As a result of this order, the Department determined that review of a transition order—an order review, the Department finds that the weighted-average dumping margin which was in effect on January 1, 1995. revocation of the antidumping duty for all entries of the subject merchandise See section 751(c)(6)(C) of the Act. The 2 order would be likely to lead to was 3.84 percent. Since that time, the Department determined that the sunset continuation or recurrence of dumping Department has completed one review of the antidumping duty order 3 at the levels indicated in the Final administrative review. We note that, to on industrial nitrocellulose from Results of Review section of this notice. date, the Department has not issued any Germany is extraordinarily complicated. duty absorption findings in this case. Therefore, on October 12, 1999, the FOR FURTHER INFORMATION CONTACT: Eun The order remains in effect for all Department extended the time limit for W. Cho or Melissa G. Skinner, Office of manufacturers and exporters of the completion of the preliminary results of Policy for Import Administration, subject merchandise. this review until not later than International Trade Administration, December 28, 1999, in accordance with U.S. Department of Commerce, 14th Background section 751(c)(5)(B) of the Act.4 Street and Constitution Avenue, NW., On June 1, 1999, the Department Washington, D.C. 20230; telephone: initiated a sunset review of the Determination (202) 482–1698 or (202) 482–1560, antidumping duty order on In accordance with section 751(c)(1) respectively. nitrocellulose from Germany (64 FR of the Act, the Department conducted EFFECTIVE DATE: October 27, 1999. 29261), pursuant to section 751(c) of the this review to determine whether Statute and Regulations Act. The Department received a Notice revocation of the antidumping order of Intent to Participate on behalf of would be likely to lead to continuation This review was conducted pursuant Hercules Incorporated (‘‘Hercules’’) on or recurrence of dumping. Section to sections 751(c) and 752(c) of the Act. June 9, 1999, within the deadline 752(c) of the Act provides that, in The Department’s procedures for the specified in section 351.218(d)(1)(i) of making this determination, the conduct of sunset reviews are set forth Department shall consider the weighted- in Procedures for Conducting Five-Year 1 See Antidumping Duty Order: Industrial average dumping margins determined in (‘‘Sunset’’) Reviews of Antidumping and Nitrocellulose from Germany, 55 FR 28271 (July 10, the investigation and subsequent Countervailing duty Orders, 63 FR 1990). reviews and the volume of imports of 2 However, the underlying investigation and the 13516 (March 20, 1998) (‘‘Sunset the subject merchandise for the period Regulations’’) and 19 CFR Part 351 subsequent review dealt with only one German company, Wolff Walsrode AG (‘‘Wolff’’). (1998) in general. Guidance on 3 See Industrial Nitrocellulose From Germany: 4 See Extension of Time Limit for Final Results methodological or analytical issues Final Results of Antidumping Duty Administrative of Five-Year Reviews, 64 FR 55233 (October 12, relevant to the Department’s conduct of Review, 63 FR 43372 (August 13, 1998). 1999).

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57844 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices before and the period after the issuance Hercules stresses that dumping of the merchandise have continued at above of the antidumping order, and shall subject merchandise continued above the de minimis level. provide to the International Trade the de minimis level after the issuance Given that dumping of the subject Commission (‘‘the Commission’’) the of the order. Id. Citing the Sunset Policy merchandise continued above the de magnitude of the margin of dumping Bulletin, 63 FR at 18872, Hercules minimis level after the issuance of the likely to prevail if the order is revoked. argues that continued dumping at any order and that respondent interested The Department’s determinations level above de minimis after the parties have waived their right to concerning continuation or recurrence issuance of the order is highly probative participate in this review, the of dumping and the magnitude of the of a likelihood of future dumping. Id. Department agrees with Hercules’ margins are discussed below. In Furthermore, Hercules argues that an contention that dumping is likely to addition, Hercules’ comments with increase of weighted-average dumping continue if the order is revoked. respect to continuation or recurrence of margins of the subject merchandise in Magnitude of the Margin dumping and the magnitude of the the most recent review clearly manifests margins are addressed within the Wolff’s willingness to dump at an In the Sunset Policy Bulletin, the respective sections below. increasing rate in order to hold onto its Department stated that it will normally 5 provide to the Commission the margin Continuation or Recurrence of U.S. market share. Id. that was determined in the final Dumping Consistent with section 752(c) of the Act, the Department considered the determination in the original Drawing on the guidance provided in import volumes of the subject investigation. Further, for companies the legislative history accompanying the merchandise before and after the not specifically investigated or for Uruguay Round Agreements Act issuance of the order. The data supplied companies that did not begin shipping (‘‘URAA’’), specifically the Statement of by Hercules and those of the United until after the order was issued, the Administrative Action (‘‘the SAA’’), States Census Bureau IM146s and the Department normally will provide a H.R. Doc. No. 103–316, vol. 1 (1994), the United States International Trade margin based on the ‘‘all others’’ rate House Report, H.R. Rep. No. 103–826, Commission indicate that, since the from the investigation. (See section pt.1 (1994), and the Senate Report, S. imposition of the order, the import II.B.1 of the Sunset Policy Bulletin.) Rep. No. 103–412 (1994), the volumes of the subject merchandise Exceptions to this policy include the Department issued its Sunset Policy have declined slightly.6 Therefore, the use of a more recently calculated Bulletin providing guidance on Department determines that the import margin, where appropriate, and methodological and analytical issues, volumes of the subject merchandise consideration of duty absorption including the bases for likelihood were reduced slightly after the issuance determinations. (See sections II.B.2 and determinations. In its Sunset Policy 3 of the Sunset Policy Bulletin.) Bulletin, the Department indicated that of the order. As indicated in section II.A.3 of the The Department, in its final determinations of likelihood will be determination of sales at less-than-fair- made on an order-wide basis (see Sunset Policy Bulletin, the SAA at 890, and House Report at 63–64, the value, published a weighted-average section II.A.2). In addition, the dumping margin for Wolff and all- Department indicated that normally it Department also considered whether dumping continued at any level above others: 3.84 percent.8 We note that, to will determine that revocation of an date, the Department has not issued any antidumping order is likely to lead to de minimis after the issuance of the order. If companies continue dumping duty absorption findings in this case. continuation or recurrence of dumping In its substantive response, while where (a) dumping continued at any with the discipline of an order in place, the Department may reasonably infer acknowledging that the Department level above de minimis after the normally will provide the Commission issuance of the order, (b) imports of the that dumping would continue were the discipline removed. After examining the with the dumping margins from the subject merchandise ceased after the original investigation, Hercules argues issuance of the order, or (c) dumping published findings with respect to weighted-average dumping margins in that, in the instant review, the was eliminated after the issuance of the Department, nevertheless, should report order and import volumes for the the original investigation and from the 7 to the Commission a more recently subject merchandise declined previous administrative review, the Department determines that, since the calculated margin because Wolff significantly (see section II.A.3). increased its dumping in order to hold In addition to considering the issuance of the order, weighted-average dumping margins for the subject onto its market share in the United guidance on likelihood cited above, States. (See the July 1, 1999 Substantive section 751(c)(4)(B) of the Act provides 5 Response of Hercules at 5-6.) Hercules that the Department shall determine that See footnote 1 and 3, supra. The rate from the antidumping duty order was 3.84 percent; the rate urges, the Department, therefore, should revocation of an order is likely to lead from the final results of the only administrative provide to the Commission the more to continuation or recurrence of review, covering the period July 1996 through June recent, increased margin, because that 1997, was 7.18 percent for Wolff, which was the dumping where a respondent interested margin is the better indicator of the party waives its participation in the only company reviewed. 6 Wolff’s likely behavior in the event the sunset review. In the instant review, the The import volumes of the subject merchandise are as follows (the order was issued in June of order is revoked. Department did not receive a response 1990): 1989—2,331; 1990—2,576; 1991—1,800; The Department disagrees with from any respondent interested party. 1992—2,824; 1993—2,357; 1994—1,787; 1995— Hercules’ suggestion pertaining to the 2,298; 1996—2,173; 1997—2,021; 1998—2,095. Pursuant to section 351.218(d)(2)(iii) of margin that is likely to prevail were the the Sunset Regulations, this constitutes These numbers correspond exactly with the U.S. International Trade Commission Data. Although the order revoked. In the Sunset Policy a waiver of participation. imports volumes remained relatively steady Bulletin, the Department indicated that In its substantive response, Hercules throughout the period, they declined immediately when a company chooses to increase asserts that the likelihood of after the issuance of the order: 2,331 in 1989 dumping in order to maintain or continuation or recurrence of dumping compared to 1,800 in 1991. Also, the average volume of imports during the period 1994 through is high if the order is revoked. (See July 1998 (2,074.8) is slightly less than that of 1989 8 See Final Determination of Sales at Less Than 1, 1999 substantive response of Hercules (2,331). Fair Value: Industrial Nitrocellulose from Germany, at 3–5). In support of its assertion, 7 See footnote 6, supra. 55 FR 21058 (, 1990).

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57845 increase its market share, the This five-year (‘‘sunset’’) review and Regulations’’) and 19 CFR Part 351 Department may report a more recently notice are in accordance with sections (1998) in general. Guidance on calculated margin to the Commission if 751(c), 752, and 777(i)(1) of the Act. methodological or analytical issues dumping margins increased after the Dated: October 21, 1999. relevant to the Department’s conduct of sunset reviews is set forth in the issuance of the order. (See section II.B.2 Richard W. Moreland, of the Sunset Policy Bulletin.) In the Department’s Policy Bulletin 98:3— Acting Assistant Secretary for Import Policies Regarding the Conduct of Five- instant case, however, the Department’s Administration. latest finding of an increased weighted- year (‘‘Sunset’’) Reviews of [FR Doc. 99–28062 Filed 10–26–99; 8:45 am] average dumping margin did not Antidumping and Countervailing Duty coincide with increased import volumes BILLING CODE 3510±DS±P Orders; Policy Bulletin, 63 FR 18871 of the subject merchandise. Nor was the (April 16, 1998) (‘‘Sunset Policy Bulletin’’). increased dumping associated with DEPARTMENT OF COMMERCE steady market share. On the contrary, Scope our review of imports shows that the International Trade Administration higher margin was associated with The product covered by this order is decreased volumes of imports and [A±588±812] industrial nitrocellulose 9 (‘‘nitrocellulose’’) from Japan. Industrial slightly declined market share. Final Results of Expedited Sunset Therefore, the Department determines nitrocellulose is a dry, white, Review: Industrial Nitrocellulose From amorphous synthetic chemical with a that it is inappropriate for the Japan Department to report a more recently nitrogen content between 10.8 and 12.2 percent, and is produced from the calculated rate to the Commission. AGENCY: Import Administration, Instead, because the margins from the International Trade Administration, reaction of cellulose with nitric acid. original investigation reflect the Department of Commerce. Industrial nitrocellulose is used as a film-former in coatings, lacquers, behavior of German producers and ACTION: Notice of final results of exporters without the discipline of an furniture finishes, and printing inks. expedited sunset review: industrial The scope of this order does not include order in place, the Department will nitrocellulose from Japan. provide to the Commission the margins explosive grade nitrocellulose, which has a nitrogen content greater than 12.2 found in the original investigation. We SUMMARY: On June 1, 1999, the will report to the Commission the Department of Commerce (‘‘the percent. Industrial nitrocellulose is company-specific and all-others rate Department’’) initiated a sunset review currently classifiable under Harmonized contained in the Final Results of Review of the antidumping order on industrial Tariff Schedule (‘‘HTS’’) item number section of this notice. nitrocellulose from Japan (64 FR 29261) 3912.20.00. The HTS item number is pursuant to section 751(c) of the Tariff provided for convenience and customs Final Results of Review Act of 1930, as amended (the ‘‘Act’’). On purposes only. The written description As a result of this review, the the basis of a notice of intent to remains dispositive. Department finds that revocation of the participate and adequate substantive History of the Order antidumping order would likely lead to response filed on behalf of a domestic The antidumping duty order on continuation or recurrence of dumping interested party and inadequate nitrocellulose from Japan was published at the margins listed below: response (in this case, no response) from in the Federal Register on July 10, 1990 respondent interested parties, the (55 FR 28268).1 In that order, the Margin Department determined to conduct an Manufacturer/exporter (percent) Department determined that the expedited review. As a result of this weighted-average dumping margin for Wolff Walsrode AG ...... 3.84 review, the Department finds that all entries of the subject merchandise All Others ...... 3.84 revocation of the antidumping duty was 66.0 percent.2 Since that time, the order would be likely to lead to Department has not conducted any This notice serves as the only continuation or recurrence of dumping administrative reviews. We note that, to reminder to parties subject to at the levels indicated in the Final date, the Department has not issued any administrative protective order (‘‘APO’’) Results of Review section of this notice. duty absorption findings in this case. of their responsibility concerning the FOR FURTHER INFORMATION CONTACT: Eun The order remains in effect for all disposition of proprietary information W. Cho or Melissa G. Skinner, Office of manufacturers and exporters of the disclosed under APO in accordance Policy for Import Administration, subject merchandise. with 19 CFR 351.305 of the International Trade Administration, Department’s regulations. Timely U.S. Department of Commerce, 14th Background notification of return/destruction of Street and Constitution Avenue, NW., On June 1, 1999, the Department APO materials or conversion to judicial Washington, D.C. 20230; telephone: initiated a sunset review of the protective order is hereby requested. (202) 482–1698 or (202) 482–1560, antidumping duty order on Failure to comply with the regulations respectively. nitrocellulose from Japan (64 FR 29261), and the terms of an APO is a EFFECTIVE DATE: October 27, 1999. pursuant to section 751(c) of the Act. sanctionable violation. The Department received a Notice of Statute and Regulations Intent to Participate on behalf of 9 The only review in which the Department found This review was conducted pursuant Hercules Incorporated (‘‘Hercules’’) on a higher weighted-average dumping margin covered June 9, 1999, within the deadline the period between July 1996 and June 1997. See to sections 751(c) and 752(c) of the Act. footnote 3, supra. Both the import volumes and The Department’s procedures for the market shares of the subject merchandise between conduct of sunset reviews are set forth 1 See Antidumping Duty Order: Industrial 1996 and 1998 are lower than those of 1995, and in Procedures for Conducting Five-Year Nitrocellulose from Japan, 55 FR 28268 (July 10, lower than the five-year averages of the import 1990). volumes and market shares between 1991—1995. (‘‘Sunset’’) Reviews of Antidumping and 2 However, the underlying investigation dealt See Hercules’ July 1, 1999 Substantive Response Countervailing duty Orders, 63 FR with only one Japanese company, Asahi Chemical Attachment 2. 13516 (March 20, 1998) (‘‘Sunset Industry Co., Ltd. (‘‘Asahi’’).

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57846 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices specified in section 351.218(d)(1)(i) of provide to the International Trade merchandise immediately after the the Sunset Regulations. Hercules asserts Commission (‘‘the Commission’’) the issuance of the order. According to that it is not related to a foreign magnitude of the margin of dumping Hercules, after the imposition of the producer, foreign exporter, or domestic likely to prevail if the order is revoked. antidumping order, imports of the importer of the subject merchandise and The Department’s determinations subject merchandise virtually that it is not an importer of the subject concerning continuation or recurrence disappeared. 4 Id. The virtual cessation merchandise except on an occasional of dumping and the magnitude of the of imports immediately after the spot basis. (See Hercules’ June 9, 1999 margins are discussed below. In issuance of the order, Hercules further Intent to Participate at 2.) addition, Hercules’ comments with argues, is highly probative of the We received a complete substantive respect to continuation or recurrence of likelihood of future dumping. Id. response from Hercules on July 1, 1999, dumping and the magnitude of the Moreover, Hercules indicates that, for within the 30-day deadline specified in margins are addressed within the the past five years, imports of the the Sunset Regulations under section respective sections below. subject merchandise have been at or 351.218(d)(3)(i). Hercules claims near zero. 5 Id. In conclusion, Hercules Continuation or Recurrence of interested party status under section argues that Japanese manufacturers/ Dumping 771(9)(C) of the Act as a U.S. exporters of the subject merchandise manufacturer, producer, and wholesaler Drawing on the guidance provided in have not been able to sell during the of the subject merchandise. In its the legislative history accompanying the antidumping duty order regime; in other substantive response, Hercules indicates Uruguay Round Agreements Act words, Japanese manufacturers/ that it is the sole remaining U.S. (‘‘URAA’’), specifically the Statement of exporters have to dump in order to domestic producer of nitrocellulose and Administrative Action (‘‘the SAA’’), export the subject merchandise to the was the petitioner in the original H.R. Doc. No. 103–316, vol. 1 (1994), the United States. investigation. (See Hercules’ July 1, House Report, H.R. Rep. No. 103–826, Consistent with section 752(c) of the 1999 Substantive Response at 1—2.) pt.1 (1994), and the Senate Report, S. Act, the Department considers the We did not receive a substantive Rep. No. 103–412 (1994), the import volumes of the subject response from any respondent Department issued its Sunset Policy merchandise before and after the interested parties to this proceeding. Bulletin providing guidance on issuance of the order. The data supplied Consequently, pursuant to section methodological and analytical issues, by Hercules and those of the United 351.218(e)(1)(ii)(C) of the Sunset including the bases for likelihood States Census Bureau IM146s and the Regulations, the Department determined determinations. In its Sunset Policy United States International Trade to conduct an expedited, 120-day, Bulletin, the Department indicated that Commission indicate that, since the review of this order. determinations of likelihood will be imposition of the order, import volumes In accordance with section made on an order-wide basis (see of the subject merchandise have 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the declined substantially. 6 Moreover, for Department may treat a review as Department indicated that normally it the period 1994–1998, the United States extraordinarily complicated if it is a will determine that revocation of an International Trade Commission Data review of a transition order—an order antidumping order is likely to lead to shows rather insignificant import which was in effect on January 1, 1995. continuation or recurrence of dumping volumes for the subject merchandise. 7 See section 751(c)(6)(C) of the Act. The where (a) dumping continued at any Therefore, the Department determines Department determined that the sunset level above de minimis after the that the import volumes of the subject review of the antidumping duty order issuance of the order, (b) imports of the merchandise decreased significantly on industrial nitrocellulose from Japan subject merchandise ceased after the after the issuance of the order. is extraordinarily complicated. issuance of the order, or (c) dumping As indicated in section II.A.3 of the Therefore, on October 12, 1999, the was eliminated after the issuance of the Sunset Policy Bulletin, the SAA at 890, Department extended the time limit for order and import volumes for the and House Report at 63–64, the completion of the preliminary results of subject merchandise declined Department also considers whether this review until not later than significantly (see section II.A.3). dumping continued at any level above December 28, 1999, in accordance with In addition to considering the de minimis after the issuance of the section 751(c)(5)(B) of the Act.3 guidance on likelihood cited above, order. If companies continue dumping section 751(c)(4)(B) of the Act provides with the discipline of an order in place, Determination: that the Department shall determine that the Department may reasonably infer In accordance with section 751(c)(1) revocation of an order is likely to lead that dumping would continue were the of the Act, the Department conducted to continuation or recurrence of discipline removed. Because no this review to determine whether dumping where a respondent interested administrative review has been revocation of the antidumping order party waives its participation in the would be likely to lead to continuation sunset review. In the instant review, the 4 The order was imposed on July 10, 1990. (See Department did not receive a response footnote 1, supra.) In 1989 and 1990, imports of the or recurrence of dumping. Section subject merchandise were 487 and 163 metric tons, 752(c) of the Act provides that, in from any respondent interested party. respectively; however, during 1991 through 1998, making this determination, the Pursuant to section 351.218(d)(2)(iii) of the import volumes were as follows: 1991—29; Department shall consider the weighted- the Sunset Regulations, this constitutes 1992—80; 1993—20; 1994—8; 1995—8; 1996—10; 1997—0; and 1998—16 metric tons. (See Hercules’ average dumping margins determined in a waiver of participation. In its substantive response, Hercules July 1, 1999 substantive response, Attachment 2.) the investigation and subsequent 5 See footnote 3, supra. During 1994–1998, the reviews and the volume of imports of asserts that the likelihood of average import volume of the subject merchandise the subject merchandise for the period continuation or recurrence of dumping was only 8.4 metric tons, which was about 2.58 before and the period after the issuance is high if the order is revoked. (See July percent of the average imports of 1989 and 1990, 1, 1999 substantive response of Hercules or 1.72 percent of 1989 imports alone. of the antidumping order, and shall 6 See footnote 3, supra. The numbers supplied by at 3—5). To support its contention, Hercules exactly correspond with those of the U.S. 3 See Extension of Time Limit for Final Results of Hercules points to the drastic decline in International Trade Commission Data. Five-Year Reviews, 64 FR 55233 (October 12, 1999). import volumes of the subject 7 See footnote 4.

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Absent argument of the antidumping order on industrial Given that dumping margins above de and evidence to the contrary, the nitrocellulose from the Republic of minimis continue in effect after the Department sees no reason to change its Korea (64 FR 29261) pursuant to section issuance of the order, that the import usual practice of selecting the rate from 751(c) of the Tariff Act of 1930, as volumes of the subject merchandise the original investigation. We will amended (the ‘‘Act’’). On the basis of a notice of intent to participate and decreased substantially after the report to the Commission the company- adequate substantive response filed on issuance of the order, and that specific and all-others rate contained in behalf of a domestic interested party respondent interested parties have the Final Results of Review section of and inadequate response (in this case, waived their right to participate in this this notice. review, the Department agrees with no response) from respondent interested Final Results of Review: parties, the Department determined to Hercules’ contention that dumping is conduct an expedited review. As a likely to continue if the order is As a result of this review, the result of this review, the Department revoked. Department finds that revocation of the antidumping order would likely lead to finds that revocation of the antidumping Magnitude of the Margin continuation or recurrence of dumping duty order would be likely to lead to In the Sunset Policy Bulletin, the at the margins listed below: continuation or recurrence of dumping Department stated that it will normally at the levels indicated in the Final Results of Review section of this notice. provide to the Commission the margin Manufacturer/exporter Margin that was determined in the final (percent) FOR FURTHER INFORMATION CONTACT: Eun determination in the original W. Cho or Melissa G. Skinner, Office of Asahi Chemical Industry Co., investigation. Further, for companies Policy for Import Administration, Ltd...... 66.00 International Trade Administration, not specifically investigated or for All Others ...... 66.00 companies that did not begin shipping U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., until after the order was issued, the This notice serves as the only Washington, D.C. 20230; telephone: Department normally will provide a reminder to parties subject to (202) 482–1698 or (202) 482–1560, margin based on the ‘‘all others’’ rate administrative protective order (‘‘APO’’) respectively. from the investigation. (See section of their responsibility concerning the II.B.1 of the Sunset Policy Bulletin.) disposition of proprietary information EFFECTIVE DATE: October 27, 1999. Exceptions to this policy include the disclosed under APO in accordance Statute and Regulations use of a more recently calculated with 19 CFR 351.305 of the margin, where appropriate, and This review was conducted pursuant Department’s regulations. Timely to sections 751(c) and 752(c) of the Act. consideration of duty absorption notification of return/destruction of determinations. (See sections II.B.2 and The Department’s procedures for the APO materials or conversion to judicial conduct of sunset reviews are set forth 3 of the Sunset Policy Bulletin.) protective order is hereby requested. The Department, in its final in Procedures for Conducting Five-Year Failure to comply with the regulations (‘‘Sunset’’) Reviews of Antidumping and determination of sales at less-than-fair- and the terms of an APO is a value, published a weighted-average Countervailing duty Orders, 63 FR sanctionable violation. 13516 (March 20, 1998) (‘‘Sunset dumping margin for Asahi and all- This five-year (‘‘sunset’’) review and others: 66.00 percent. 8 We note that, to Regulations’’) and 19 CFR Part 351 notice are in accordance with sections (1998) in general. Guidance on date, the Department has not issued any 751(c), 752, and 777(i)(1) of the Act. duty absorption findings in this case. methodological or analytical issues In its substantive response, Hercules Dated: October 21, 1999. relevant to the Department’s conduct of urges the Department to report to the Richard W. Moreland, sunset reviews is set forth in the Commission the dumping margins from Acting Assistant Secretary for Import Department’s Policy Bulletin 98:3— the original investigation as the margins Administration. Policies Regarding the Conduct of Five- likely to prevail. (See the July 1, 1999 [FR Doc. 99–28063 Filed 10–26–99; 8:45 am] year (‘‘Sunset’’) Reviews of Substantive Response of Hercules at 6.) BILLING CODE 3510±DS±P Antidumping and Countervailing Duty Hercules argues that, since the Orders; Policy Bulletin, 63 FR 18871 Department has not conducted any (April 16, 1998) (‘‘Sunset Policy administrative reviews pertaining to the DEPARTMENT OF COMMERCE Bulletin’’). instant order, the best and only possible International Trade Administration Scope recommendation the Department can The product covered by this order is make, regarding margins that are likely [A±580±805] industrial nitrocellulose to prevail, is to rely upon the rates from (‘‘nitrocellulose’’) from the Republic of the original investigation. Id. Final Results of Expedited Sunset Korea. Industrial nitrocellulose is a dry, The Department agrees with the Review: Industrial Nitrocellulose From white, amorphous synthetic chemical Hercules’ suggestion pertaining to the the Republic of Korea with a nitrogen content between 10.8 margin that is likely to prevail if the AGENCY: Import Administration, and 12.2 percent, and is produced from order were revoked. Because the International Trade Administration, the reaction of cellulose with nitric acid. Department of Commerce. 8 See Final Determination of Sales at Less Than Industrial nitrocellulose is used as a Fair Value: Industrial Nitrocellulose from Japan, 55 ACTION: Notice of final results of film-former in coatings, lacquers, FR 21053 (May 22, 1990). expedited sunset review: Industrial furniture finishes, and printing inks.

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The scope of this order does not include producer of nitrocellulose, was the Uruguay Round Agreements Act explosive grade nitrocellulose, which petitioner in the original investigation, (‘‘URAA’’), specifically the Statement of has a nitrogen content greater than 12.2 and has participated in the Administrative Action (‘‘the SAA’’), percent. Industrial nitrocellulose is administrative review proceeding. (See H.R. Doc. No. 103–316, vol. 1 (1994), the currently classifiable under Harmonized Hercules’ July 1, 1999 Substantive House Report, H.R. Rep. No. 103–826, Tariff Schedule (‘‘HTS’’) item number Response at 1–2.) pt.1 (1994), and the Senate Report, S. 3912.20.00. The HTS item number is We did not receive a substantive Rep. No. 103–412 (1994), the provided for convenience and customs response from any respondent Department issued its Sunset Policy purposes only. The written description interested party to this proceeding. Bulletin providing guidance on remains dispositive. Consequently, pursuant to section methodological and analytical issues, 351.218(e)(1)(ii)(C) of the Sunset History of the Order including the bases for likelihood Regulations, the Department determined determinations. In its Sunset Policy The antidumping duty order on to conduct an expedited, 120-day, Bulletin, the Department indicated that nitrocellulose from the Republic of review of this order. determinations of likelihood will be Korea was published in the Federal In accordance with section made on an order-wide basis (see Register on July 10, 1990 (55 FR 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the 1 28266). In that order, the Department Department may treat a review as Department indicated that normally it determined that the weighted-average extraordinarily complicated if it is a will determine that revocation of an dumping margin for all entries of the review of a transition order—an order 2 antidumping order is likely to lead to subject merchandise was 66.30 percent. which was in effect on January 1, 1995. continuation or recurrence of dumping Since that time, the Department has See section 751(c)(6)(C) of the Act. The 3 where (a) dumping continued at any completed one administrative review. Department determined that the sunset level above de minimis after the We note that, to date, the Department review of the antidumping duty order issuance of the order, (b) imports of the has not issued any duty absorption on industrial nitrocellulose from Korea subject merchandise ceased after the findings in this case. The order remains is extraordinarily complicated. issuance of the order, or (c) dumping in effect for all manufacturers and Therefore, on October 12, 1999, the was eliminated after the issuance of the exporters of the subject merchandise. Department extended the time limit for order and import volumes for the Background completion of the preliminary results of subject merchandise declined this review until not later than On June 1, 1999, the Department significantly (see section II.A.3). December 28, 1999, in accordance with initiated a sunset review of the In addition to considering the section 751(c)(5)(B) of the Act.4 antidumping duty order on guidance on likelihood cited above, nitrocellulose from the Republic of Determination section 751(c)(4)(B) of the Act provides Korea (‘‘Korea’’) (64 FR 29261), In accordance with section 751(c)(1) that the Department shall determine that pursuant to section 751(c) of the Act. of the Act, the Department conducted revocation of an order is likely to lead The Department received a Notice of this review to determine whether to continuation or recurrence of Intent to Participate on behalf of the revocation of the antidumping order dumping where a respondent interested petitioner Hercules Incorporated would be likely to lead to continuation party waives its participation in the (‘‘Hercules’’), on June 9, 1999, within or recurrence of dumping. Section sunset review. In the instant review, the the deadline specified in section 752(c) of the Act provides that, in Department did not receive a response 351.218(d)(1)(i) of the Sunset making this determination, the from any respondent interested party. Regulations. Hercules asserts that it is Department shall consider the weighted- Pursuant to section 351.218(d)(2)(iii) of not related to a foreign producer, foreign average dumping margins determined in the Sunset Regulations, this constitutes exporter, or domestic importer of the the investigation and subsequent a waiver of participation. subject merchandise and that it is not an reviews and the volume of imports of In its substantive response, Hercules importer of the subject merchandise the subject merchandise for the period asserts that the likelihood of except on an occasional spot basis. (See before and the period after the issuance continuation or recurrence of dumping Hercules’ June 9, 1999 Intent to of the antidumping order, and shall is high if the order is revoked. (See July Participate at 2.) We received a complete substantive provide to the International Trade 1, 1999 substantive response of Hercules response from Hercules on July 1, 1999, Commission (‘‘the Commission’’) the at 3–6). To support this argument, within the 30-day deadline specified in magnitude of the margin of dumping Hercules notes a drastic decline in the Sunset Regulations under section likely to prevail if the order is revoked. import volumes of the subject 351.218(d)(3)(i). Hercules claims The Department’s determinations merchandise immediately after the interested party status under section concerning continuation or recurrence issuance of the order. According to 771(9)(C) of the Act as a U.S. of dumping and the magnitude of the Hercules, after the imposition of the manufacturer, producer, and wholesaler margins are discussed below. In antidumping order, imports of the of the subject merchandise. In its addition, Hercules’ comments with subject merchandise completely 5 substantive response, Hercules indicates respect to continuation or recurrence of stopped. Id. The cessation of imports in that it is the sole remaining U.S. dumping and the magnitude of the the years immediately after the issuance margins are addressed within the of the order, Hercules further argues, is 1 See Antidumping Duty Order: Industrial respective sections below. Nitrocellulose from the Republic of Korea, 55 FR Continuation or Recurrence of 5 The order was imposed on July 10, 1990. (See 28266 (July 10, 1990). footnote 1, supra.) In 1989 and 1990, imports of the 2 However, the underlying investigation dealt Dumping subject merchandise were 147 and 58 metric tons, with only one Korean company, Miwon Company, Drawing on the guidance provided in respectively; however, during the period 1991 Ltd. (‘‘Miwon’’). through 1998, the import volumes were as follows: 3 See Industrial Nitrocellulose From the Republic the legislative history accompanying the 1991—0; 1992—0; 1993—0; 1994—0; 1995—0; of Korea; Notice of Final Results of Antidumping 1996—0; 1997—18; and 1998—0 metric tons. (See Duty Administrative Review, 63 FR 60302 4 See Extension of Time Limit for Final Results of July 1, 1999 substantive response of the Hercules, (November 9, 1998). Five-Year Reviews, 64 FR 55233 (October 12, 1999). Attachment 2.)

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57849 highly probative of the likelihood of order. If companies continue dumping in its administrative review, Hercules future dumping. Id. with the discipline of an order in place, contends that the reduced dumping Hercules also indicates that, for the the Department may reasonably infer margin coincided with greatly declined past five years, imports of the subject that dumping would continue were the import volumes of the subject merchandise have been mostly at zero discipline removed. After examining the merchandise.13 Id. Moreover, Hercules or near zero.6 Id. According to Hercules, published findings with respect to notes that a year after the administrative the small amount of imports of the weighted-average dumping margins in review, in 1998, imports of the subject subject merchandise in 1997 was the the original investigation and from the merchandise again returned to zero result of Korean producers/exporters’ previous administrative review,11 the indicating that Korean producers/ attempt to attain a reduced cash deposit Department determines that, since the exporters were unable to increase their rate in a pending administrative issuance of the order, weighted-average exports of the subject merchandise to review.7 Id. To further illustrate its dumping margins for the subject the United States at the reduced contention, Hercules notes that after the merchandise have continued at above antidumping margin. Id. Therefore, weighted-average dumping margin for the de minimis level. Hercules concludes, the 2.1 percent the subject merchandise was reduced, Given that dumping of the subject margin achieved by a Korean producer Korean producers/exporters still could merchandise continued above the de was clearly the result of a small test not sustain the exports of the subject minimis level after the issuance of the shipment and does not reflect merchandise.8 Id. In conclusion, order, that the import volumes of the commercial reality. Id. In other words, Hercules argues that Korean subject merchandise decreased the best and only possible manufacturers/exporters of the subject substantially after the issuance of the recommendation the Department can merchandise could not sustain their order, and that respondent interested make, regarding the margins that are level of exports to the United States parties have waived their right to likely to prevail, is to rely upon the rates after the issuance of the antidumping participate in this review, the from the original investigation. duty order; in other words, Korean Department agrees with Hercules’ The Department agrees with Hercules’ manufacturers/exporters have to dump contention that dumping is likely to suggestion pertaining to the margin that in order to export the subject continue if the order is revoked. is likely to prevail if the order were merchandise to the United States. revoked. Because the margins from the Consistent with section 752(c) of the Magnitude of the Margin original investigation reflect the Act, the Department considers the In the Sunset Policy Bulletin, the behavior of Korean producers/exporters import volumes of the subject Department stated that it will normally without the discipline of an order in merchandise before and after the provide to the Commission the margin place, the Department will provide to issuance of the order. The data supplied that was determined in the final the Commission the margins found in by Hercules and those of the United determination in the original the original investigation. Absent States Census Bureau IM146s and the investigation. Further, for companies argument and evidence to the contrary, United States International Trade not specifically investigated or for the Department sees no reason to change Commission indicate that, since the companies that did not begin shipping its usual practice of selecting the rate imposition of the order, the import until after the order was issued, the from the original investigation. We will volumes of the subject merchandise Department normally will provide a report to the Commission the company- 9 have declined substantially. Moreover, margin based on the ‘‘all others’’ rate specific and all-others rate contained in for the period 1994–1998, the United from the investigation. (See section the Final Results of Review section of States International Trade Commission II.B.1 of the Sunset Policy Bulletin.) this notice. Data shows rather insignificant import Exceptions to this policy include the 10 Final Results of Review volumes for the subject merchandise. use of a more recently calculated Therefore, the Department determines margin, where appropriate, and As a result of this review, the that the import volumes of the subject consideration of duty absorption Department finds that revocation of the merchandise decreased significantly determinations. (See sections II.B.2 and antidumping order would likely lead to after the issuance of the order. 3 of the Sunset Policy Bulletin.) continuation or recurrence of dumping As indicated in section II.A.3 of the The Department, in its final at the margins listed below: Sunset Policy Bulletin, the SAA at 890, determination of sales at less-than-fair- and House Report at 63–64, the value, published a weighted-average Margin Department also considers whether Manufacturer/exporter (percent) dumping margin for Miwon and all- dumping continued at any level above others: 66.30 percent.12 We note that, to de minimis after the issuance of the Miwon Corporation ...... 66.30 date, the Department has not issued any All Others (including Daesang) 66.30 duty absorption findings in this case. 6 See footnote 5, supra. During 1994–1998, the average import volume of the subject merchandise In its substantive response, Hercules This notice serves as the only was only 3.6 metric tons, which is about 3.51 urges the Department to report to the reminder to parties subject to percent of the average imports of 1989 and 1990, Commission the dumping margins from administrative protective order (‘‘APO’’) or 2.45 percent of 1989 imports alone. the original investigation as the margins of their responsibility concerning the 7 See footnote 3, supra. In that review, the Department found a 2.1 percent weighted-average likely to prevail if the order were disposition of proprietary information dumping margin for one reviewed company, revoked. (See the July 1, 1999 disclosed under APO in accordance Daesang Corporation (‘‘Daesang’’) while leaving all Substantive Response of Hercules at 6.) other entries of nitrocellulose from Korea subject to Although the Department found a 13 See footnote 3, supra. In its only administrative the rate determined in the original investigation: substantially reduced 2.10 percent review, the Department found that Daesang 66.30 percent. Corporation, which was not subject of the original 8 dumping margin for a Korean producer See footnote 5, supra. The import level of the investigation, was dumping at the rate of 2.10 subject merchandise in 1998 was zero. percent during the period July 1, 1996 through June 9 See footnote 5, supra. The numbers supplied by 11 See footnote 7, supra. 30, 1997. At the same time, the Department Hercules exactly correspond with those of the U.S. 12 See Final Determination of Sales at Less Than indicated that cash deposit rate for Miwon and all- International Trade Commission Data. Fair Value: Industrial Nitrocellulose from the others was the original, less-than-fair-value rate of 10 See footnote 6, supra. Republic of Korea, 55 FR 21054 (May 22, 1990). 66.30 percent.

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57850 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices with 19 CFR 351.305 of the Statute and Regulations to date, the Department has not issued Department’s regulations. Timely This review was conducted pursuant any duty absorption findings in this notification of return/destruction of to sections 751(c) and 752 of the Act. case. The order remains in effect for all APO materials or conversion to judicial The Department’s procedures for the manufacturers and exporters of the protective order is hereby requested. conduct of sunset reviews are set forth subject merchandise. Failure to comply with the regulations in Procedures for Conducting Five-Year Background and the terms of an APO is a (‘‘Sunset’’) Reviews of Antidumping and On June 1, 1999, the Department sanctionable violation. Countervailing duty Orders, 63 FR This five-year (‘‘sunset’’) review and initiated a sunset review of the 13516 (March 20, 1998) (‘‘Sunset antidumping duty order on notice are in accordance with sections Regulations’’) and 19 CFR Part 351 751(c), 752, and 777(i)(1) of the Act. nitrocellulose from the United Kingdom (1998) in general. Guidance on (64 FR 29261), pursuant to section Dated: October 21, 1999. methodological or analytical issues 751(c) of the Act. The Department Richard W. Moreland, relevant to the Department’s conduct of received a Notice of Intent to Participate Acting Assistant Secretary for Import sunset reviews is set forth in the on behalf of Hercules Incorporated Administration. Department’s Policy Bulletin 98:3— (‘‘Hercules’’) on June 9, 1999, within the [FR Doc. 99–28064 Filed 10–26–99; 8:45 am] Policies Regarding the Conduct of Five- deadline specified in section BILLING CODE 3510±DS±P year (‘‘Sunset’’) Reviews of 351.218(d)(1)(i) of the Sunset Antidumping and Countervailing Duty Regulations. Hercules asserted that it is Orders; Policy Bulletin, 63 FR 18871 not related to a foreign producer, foreign DEPARTMENT OF COMMERCE (April 16, 1998) (‘‘Sunset Policy exporter, or domestic importer of the Bulletin’’). subject merchandise and that it is not an International Trade Administration Scope importer of the subject merchandise except on an occasional spot basis. (See The product covered by this [A±412±803] Hercules’ June 9, 1999 Intent to antidumping order is industrial Participate at 2.) Final Results of Expedited Sunset nitrocellulose (‘‘INC’’) from the United We received a complete substantive Review: Industrial Nitrocellulose From Kingdom. Industrial INC is a dry, white, response from Hercules on July 1, 1999, the United Kingdom amorphous synthetic chemical with a within the 30-day deadline specified in nitrogen content between 10.8 and 12.2 AGENCY: Import Administration, the Sunset Regulations under section percent, and is produced from the 351.218(d)(3)(i). Hercules claimed International Trade Administration, reaction of cellulose with nitric acid. Department of Commerce. interested party status under section INC is used as a film-former in coatings, 771(9)(C) of the Act as a U.S. ACTION: Notice of final results of lacquers, furniture finishes, and printing manufacturer, producer, and wholesaler expedited sunset review: Industrial inks. The scope of this order does not of the subject merchandise. In its Nitrocellulose from the United include explosive grade nitrocellulose, substantive response, Hercules Kingdom. which has a nitrogen content greater indicated that it is the sole remaining than 12.2 percent. INC is currently U.S. domestic producer of SUMMARY: On June 1, 1999, the classifiable under Harmonized Tariff Department of Commerce (‘‘the nitrocellulose, was the petitioner in the Schedule (‘‘HTS’’) item number original investigation, and has Department’’) initiated a sunset review 3912.20.00. The HTS item number is of the antidumping order on industrial participated in all review proceedings. provided for convenience and customs (See Hercules’ July 1, 1999 Substantive nitrocellulose from the United Kingdom purposes only. The written description (64 FR 29261) pursuant to section 751(c) Response at 1–2.) remains dispositive. We did not receive a substantive of the Tariff Act of 1930, as amended response from any respondent (the ‘‘Act’’). On the basis of a notice of History of the Order interested party to this proceeding. intent to participate and an adequate The antidumping duty order on Consequently, pursuant to section substantive response filed on behalf of nitrocellulose from the United Kingdom 351.218(e)(1)(ii)(C) of the Sunset a domestic interested party and was published in the Federal Register Regulations, the Department determined inadequate response (in this case, no 1 on July 10, 1990 (55 FR 28270). In that to conduct an expedited, 120-day, response) from respondent interested order, the Department determined that review of this order. parties, the Department determined to the weighted-average dumping margin In accordance with section conduct an expedited review. As a for all entries of the subject merchandise 751(c)(5)(C)(v) of the Act, the 2 result of this review, the Department is 11.13 percent. Since that time, the Department may treat a review as finds that revocation of the antidumping Department has completed several extraordinarily complicated if it is a 3 duty order would be likely to lead to administrative reviews. We note that, review of a transition order—an order continuation or recurrence of dumping which was in effect on January 1, 1995. 1 at the levels indicated in the Final See Antidumping Duty Order: INC from the See section 751(c)(6)(C) of the Act. The Results of Review section of this notice. United Kingdom, 55 FR 28270 (July 10, 1990). 2 However, the underlying investigation and Department determined that the sunset FOR FURTHER INFORMATION CONTACT: Eun subsequent administrative reviews dealt with only review of the antidumping duty order W. Cho or Melissa G. Skinner, Office of one British company, Imperial Chemical Industries on industrial nitrocellulose from the Policy for Import Administration, PLC (‘‘Imperial’’). U.K. is extraordinarily complicated. International Trade Administration, 3 See INC From the United Kingdom: Final Results of Antidumping Duty Administrative Therefore, on October 12, 1999, the U.S. Department of Commerce, 14th Review, 59 FR 66902 (December 28, 1994), as Street and Constitution Avenue, NW., amended, INC From the United Kingdom: Kingdom: Notice of Final Results of Antidumping Washington, D.C. 20230; telephone: Amendment of Final Results of Antidumping Duty Duty Administrative Review, 64 FR 6609 (February (202) 482–1698 or (202) 482–1560, Administrative Review, 60 FR 41876 (, 10, 1999), as amended, INC From the United 1995); INC From the United Kingdom: Final Results Kingdom: Amended Final Results of Antidumping respectively. of Antidumping Duty Administrative Review, 61 FR Duty Administrative Review, 64 FR 11836 (March EFFECTIVE DATE: October 27, 1999. 29342 (June 10, 1996); INC From the United 10, 1999).

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Department extended the time limit for order and import volumes for the show rather substantially increased completion of the preliminary results of subject merchandise declined import volumes of the subject this review until not later than significantly (see section II.A.3). merchandise compared to those of pre- December 28, 1999, in accordance with In addition to considering the order. 7 Therefore, the Department section 751(c)(5)(B) of the Act.4 guidance on likelihood cited above, determines that, as acknowledged by section 751(c)(4)(B) of the Act provides Determination Hercules in its July 1, 1999 substantive that the Department shall determine that response at 5, the import volumes of the In accordance with section 751(c)(1) revocation of an order is likely to lead subject merchandise increased or of the Act, the Department conducted to continuation or recurrence of showed an increasing trend after the this review to determine whether dumping where a respondent interested issuance of the order. revocation of the antidumping order party waives its participation in the The Department also considered would be likely to lead to continuation sunset review. In the instant review, the whether dumping continued at any or recurrence of dumping. Section Department did not receive a response level above de minimis after the 752(c) of the Act provides that, in from any respondent interested party. issuance of the order. As indicated in making this determination, the Pursuant to section 351.218(d)(2)(iii) of section II.A.3 of the Sunset Policy Department shall consider the weighted- the Sunset Regulations, this constitutes Bulletin, the SAA at 890, and House average dumping margins determined in a waiver of participation. Report at 63–64, if companies continue the investigation and subsequent In its substantive response, Hercules dumping with the discipline of an order reviews and the volume of imports of asserts that the likelihood of in place, the Department may the subject merchandise for the period continuation or recurrence of dumping reasonably infer that dumping would before and the period after the issuance is high if the order is revoked. (See July continue were the discipline removed. 1, 1999 substantive response of Hercules of the antidumping order, and shall After examining the published findings at 3–5). To support its assertion, provide to the International Trade with respect to weighted-average Hercules points out that dumping of the Commission (‘‘the Commission’’) the dumping margins in the original subject merchandise continued above magnitude of the margin of dumping investigation and from the previous the de minimis level after the issuance likely to prevail if the order is revoked. administrative reviews, 8 the The Department’s determinations of the order. Id. In addition, Hercules Department determines that, since the concerning continuation or recurrence insists that a sharp increase of the issuance of the order, weighted-average of dumping and the magnitude of the weighted-average dumping margins in dumping margins for the subject margins are discussed below. In the most recent review clearly manifests merchandise have continued at above addition, Hercules’ comments with the inability of the British the de minimis level. respect to continuation or recurrence of manufacturers/exporters to successfully dumping and the magnitude of the compete without dumping in the United Given that dumping of the subject margins are addressed within the States.5 Id. In conclusion, Hercules merchandise continued above the de respective sections below. argues that British manufacturers/ minimis level after the issuance of the exporters of the subject merchandise order and that respondent interested Continuation or Recurrence of have demonstrated over the past decade parties have waived their right to Dumping that they have to dump in order to participate in this review, the Drawing on the guidance provided in export the subject merchandise to the Department determines that dumping is the legislative history accompanying the United States. likely to continue if the order were Uruguay Round Agreements Act Consistent with section 752(c) of the revoked. (‘‘URAA’’), specifically the Statement of Act, the Department considered the Magnitude of the Margin Administrative Action (‘‘the SAA’’), import volumes of the subject H.R. Doc. No. 103–316, vol. 1 (1994), the merchandise before and after the In the Sunset Policy Bulletin, the House Report, H.R. Rep. No. 103–826, issuance of the order. The data supplied Department stated that it will normally pt.1 (1994), and the Senate Report, S. by Hercules and those of the United provide to the Commission the margin Rep. No. 103–412 (1994), the States Census Bureau IM146s and the that was determined in the final Department issued its Sunset Policy United States International Trade determination in the original Bulletin providing guidance on Commission indicate that, since the investigation. Further, for companies methodological and analytical issues, imposition of the order, the import not specifically investigated or for including the bases for likelihood volumes of the subject merchandise companies that did not begin shipping determinations. In its Sunset Policy have shown an increasing trend. 6 until after the order was issued, the Bulletin, the Department indicated that Moreover, for the period between 1994 Department normally will provide a determinations of likelihood will be and 1998, the United States margin based on the ‘‘all others’’ rate made on an order-wide basis (see International Trade Commission Data from the investigation. (See section section II.A.2). In addition, the II.B.1 of the Sunset Policy Bulletin.) Department indicated that normally it 5 See footnote 3, supra. Although weighted- Exceptions to this policy include the average dumping margins of the subject use of a more recently calculated will determine that revocation of an merchandise decreased in each of the first two antidumping order is likely to lead to administrative reviews (from original investigation margin, where appropriate, and continuation or recurrence of dumping margin of 11.13 percent to 6.62 percent in the first consideration of duty absorption where (a) dumping continued at any review and then to 1.48 percent in the second determinations. (See sections II.B.2 and review), in the third and the most recent 3 of the Sunset Policy Bulletin.) level above de minimis after the administrative review, the dumping margin issuance of the order, (b) imports of the increased to 13.0 percent. subject merchandise ceased after the 6 The import volumes of the subject merchandise 7 See footnote 6, supra. During 1994–1998, the issuance of the order, or (c) dumping are as follows (the order was issued in June of 1990; average import volume of the subject merchandise numbers are in metric tons): 1989–2,430; 1990– was 3,713 metric tons, which denotes a 30.0 percent was eliminated after the issuance of the 3,279; 1991–3,415; 1992–3,931; 1993–3,828; 1994– increase over the average of 1989 and 1990 pre- 4,096; 1995–3,423; 1996–3,991; 1997–3,594; 1998– order import levels, or 53 percent over 1989 import 4 See Extension of Time Limit for Final Results of 3,461. These numbers correspond exactly with the volume alone. Five-Year Reviews, 64 FR 55233 (October 12, 1999). U.S. International Trade Commission Data. 8 See footnote 5, supra.

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The Department, in its final increased weighted-average dumping This five-year (‘‘sunset’’) review and determination of sales at less-than-fair- margins of the subject merchandise did notice are in accordance with sections value, published a weighted-average not coincide with increased import 751(c), 752, and 777(i)(1) of the Act. dumping margin for Imperial and all- volumes or increased market share. In Dated: October 21, 1999. others: 11.13 percent.9 We note that, to contrast, the largest import volume and Richard W. Moreland, date, the Department has not issued any highest market share of the subject duty absorption findings in this case. Acting Assistant Secretary for Import merchandise were associated with the Administration. In its substantive response, while lowest dumping margin.13 Therefore, [FR Doc. 99–28065 Filed 10–26–99; 8:45 am] acknowledging that the Department the Department determines that it is normally will provide the Commission inappropriate for the Department to BILLING CODE 3510±DS±P with the dumping margins from the report a more recently calculated rate to original investigation, Hercules argues the Commission. Instead, because the DEPARTMENT OF COMMERCE that, in the instant review, the margins from the original investigation Department, nevertheless, should report accurately reflect the behavior of British International Trade Administration to the Commission a more recently producers and exporters without the calculated margin because Imperial discipline of an order in place, the [A±479±801] increased its dumping in order to Department will provide to the Final Results of Expedited Sunset increase its market share in the United Commission the margins found in the States. (See the July 1, 1999 Substantive Review: Industrial Nitrocellulose From original investigation. We will report to Yugoslavia Response of Hercules at 6–7.) In the Commission the company-specific addition to supplying data, which tend and all-others rate contained in the AGENCY: Import Administration, to indicate that Imperial’s market share Final Results of Review section of this International Trade Administration, in the United States has increased after notice. Department of Commerce. the imposition of the order,10 Hercules ACTION: Notice of final results of also claims that Imperial’s market Final Results of Review expedited sunset review: Industrial behavior of not raising its export As a result of this review, the Nitrocellulose From Yugoslavia. prices,11 after a higher dumping margin Department finds that revocation of the was imposed in the most recent antidumping order would likely lead to SUMMARY: On June 1, 1999, the administrative review,12 suggests that continuation or recurrence of dumping Department of Commerce (‘‘the Imperial intends to continue dumping at at the margins listed below: Department’’) initiated a sunset review the recent, higher margins to hold onto of the antidumping order on industrial or to increase its market share. Id. Manufacturer/exporter Margin nitrocellulose from Yugoslavia (64 FR Therefore, Hercules urges, the (percent) 29261) pursuant to section 751(c) of the Department should provide to the Tariff Act of 1930, as amended (the Commission the more recent, increased Imperial Chemical Industries PLC (``Imperial'') ...... 11.13 ‘‘Act’’). On the basis of a notice of intent margin, because that margin is the better All Others ...... 11.13 to participate and adequate substantive indicator of the Imperial’s likely response filed on behalf of a domestic behavior in the event the order is This notice serves as the only interested party and inadequate revoked. reminder to parties subject to response (in this case, no response) from The Department disagrees with the administrative protective order (‘‘APO’’) respondent interested parties, the Hercules’ suggestion pertaining to the of their responsibility concerning the Department determined to conduct an margin that is likely to prevail were the disposition of proprietary information expedited review. As a result of this order to be revoked. In the Sunset Policy disclosed under APO in accordance review, the Department finds that Bulletin, the Department indicated that with 19 CFR 351.305 of the revocation of the antidumping duty when a company chooses to increase Department’s regulations. Timely order would be likely to lead to dumping in order to maintain or notification of return/destruction of continuation or recurrence of dumping increase its market share, the APO materials or conversion to judicial at the levels indicated in the Final Department may report a more recently protective order is hereby requested. Results of Review section of this notice. calculated margin to the Commission. Failure to comply with the regulations FOR FURTHER INFORMATION CONTACT: Eun (See section II.B.2 of the Sunset Policy and the terms of an APO is a W. Cho or Melissa G. Skinner, Office of Bulletin.) In the instant case, however, sanctionable violation. Policy for Import Administration, the Department’s latest finding of International Trade Administration, 13 The increases of the import volumes and U.S. Department of Commerce, 14th 9 See Final Determination of Sales at Less Than market shares of the subject merchandise were Street and Constitution Avenue, NW., Fair Value: INC from the United Kingdom, 55 FR simultaneous with a decrease (not increase) in 21055 (May 22, 1990). dumping margins: in its first two administrative Washington, D.C. 20230; telephone: 10 See footnote 7, supra. Also, according to reviews, covering the period 1992 to 1993 and 1993 (202) 482–1698 or (202) 482–1560, Hercules’ business proprietary information, the to 1994 , the Department reduced the weighted- respectively. magnitude of Imperial’s increased market share is average dumping margins for the subject EFFECTIVE DATE: October 27, 1999. comparable to its volume increases during the merchandise to 6.62 (the original rate was 11.13) relevant period. and 1.48, respectively. The three-year moving 11 To support this, Hercules submits its business average of each of the import volume and the Statute and Regulations manager’s sworn affidavit, in which the business average market share of the subject merchandise This review was conducted pursuant manager indicated an absence of price increase by during 1992–1994, is the highest compared to any Imperial since Imperial’s antidumping margin other three-year period (for the market share, the to sections 751(c) and 752(c) of the Act. increased from 1.48 percent to 13.0 percent in average of 1992–1994 is tied with that of 1994- The Department’s procedures for the March, 1999. (See the July 1, 1999 Substantive 1996). See footnote 4 and 5, supra. In other words, conduct of sunset reviews are set forth Response of Hercules, attachment 4.) and more importantly, the imposition of a sharply in Procedures for Conducting Five-Year 12 See footnote 5, supra. In the most recent increased antidumping margin by the Department, administrative review, the Department assessed for the review period of 1996–1997, did not result (‘‘Sunset’’) Reviews of Antidumping and Imperial with a higher 13.0 percent antidumping in increased import volume and market share. See Countervailing Duty Orders, 63 FR margin than in the previous review–1.48 percent. Id. 13516 (March 20, 1998) (‘‘Sunset

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Regulations’’) and 19 CFR Part 351 specified in section 351.218(d)(1)(i) of provide to the International Trade (1998) in general. Guidance on the Sunset Regulations. Hercules asserts Commission (‘‘the Commission’’) the methodological or analytical issues that it is not related to a foreign magnitude of the margin of dumping relevant to the Department’s conduct of producer, foreign exporter, or domestic likely to prevail if the order is revoked. sunset reviews is set forth in the importer of the subject merchandise and The Department’s determinations Department’s Policy Bulletin 98:3— that it is not an importer of the subject concerning continuation or recurrence Policies Regarding the Conduct of Five- merchandise except on an occasional of dumping and the magnitude of the year (‘‘Sunset’’) Reviews of spot basis. (See Hercules’ June 9, 1999 margins are discussed below. In Antidumping and Countervailing Duty Intent to Participate at 2.) addition, Hercules’ comments with Orders; Policy Bulletin, 63 FR 18871 We received a complete substantive respect to continuation or recurrence of (April 16, 1998) (‘‘Sunset Policy response from Hercules on July 1, 1999, dumping and the magnitude of the Bulletin’’). within the 30-day deadline specified in margins are addressed within the the Sunset Regulations under section respective sections below. Scope 351.218(d)(3)(i). Hercules claims Continuation or Recurrence of The product covered by this order is interested party status under section Dumping industrial nitrocellulose 771(9)(C) of the Act as a U.S. (‘‘nitrocellulose’’) from Yugoslavia. manufacturer, producer, and wholesaler Drawing on the guidance provided in Industrial nitrocellulose is a dry, white, of the subject merchandise. In its the legislative history accompanying the amorphous synthetic chemical with a substantive response, Hercules indicates Uruguay Round Agreements Act nitrogen content between 10.8 and 12.2 that it is the sole remaining U.S. (‘‘URAA’’), specifically the Statement of percent, and is produced from the domestic producer of nitrocellulose and Administrative Action (‘‘the SAA’’), reaction of cellulose with nitric acid. was the petitioner in the original H.R. Doc. No. 103–316, vol. 1 (1994), the Industrial nitrocellulose is used as a investigation. (See Hercules’ July 1, House Report, H.R. Rep. No. 103–826, film-former in coatings, lacquers, 1999 Substantive Response at 1—2.) pt.1 (1994), and the Senate Report, S. furniture finishes, and printing inks. We did not receive a substantive Rep. No. 103–412 (1994), the The scope of this order does not include response from any respondent Department issued its Sunset Policy explosive grade nitrocellulose, which interested parties to this proceeding. Bulletin providing guidance on has a nitrogen content greater than 12.2 Consequently, pursuant to section methodological and analytical issues, percent. Industrial nitrocellulose is 351.218(e)(1)(ii)(C) of the Sunset including the bases for likelihood currently classifiable under Harmonized Regulations, the Department determined determinations. In its Sunset Policy Tariff Schedule (‘‘HTS’’) item number to conduct an expedited, 120-day, Bulletin, the Department indicated that 3912.20.00. The HTS item number is review of this order. determinations of likelihood will be provided for convenience and customs In accordance with section made on an order-wide basis (see purposes only. The written description 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the remains dispositive. Department may treat a review as Department indicated that normally it will determine that revocation of an History of the Order extraordinarily complicated if it is a review of a transition order—an order antidumping order is likely to lead to The antidumping duty order on which was in effect on January 1, 1995. continuation or recurrence of dumping nitrocellulose from Yugoslavia was See section 751(c)(6)(C) of the Act. The where (a) dumping continued at any published in the Federal Register on Department determined that the sunset level above de minimis after the 1 , 1990 (55 FR 41870). In that review of the antidumping duty order issuance of the order, (b) imports of the order, the Department determined that on industrial nitrocellulose from subject merchandise ceased after the the weighted-average dumping margin Yugoslavia is extraordinarily issuance of the order, or (c) dumping for all entries of the subject merchandise complicated. Therefore, on October 12, was eliminated after the issuance of the 2 was 10.81 percent. Since that time, the 1999, the Department extended the time order and import volumes for the Department has completed no limit for completion of the preliminary subject merchandise declined administrative reviews. We note that, to results of this review until not later than significantly (see section II.A.3). date, the Department has not issued any December 28, 1999, in accordance with In addition to considering the duty absorption findings in this case. section 751(c)(5)(B) of the Act.3 guidance on likelihood cited above, The order remains in effect for all section 751(c)(4)(B) of the Act provides manufacturers and exporters of the Determination that the Department shall determine that subject merchandise. In accordance with section 751(c)(1) revocation of an order is likely to lead to continuation or recurrence of Background of the Act, the Department conducted this review to determine whether dumping where a respondent interested On June 1, 1999, the Department revocation of the antidumping order party waives its participation in the initiated a sunset review of the would be likely to lead to continuation sunset review. In the instant review, the antidumping duty order on or recurrence of dumping. Section Department did not receive a response nitrocellulose from Yugoslavia (64 FR 752(c) of the Act provides that, in from any respondent interested party. 29261), pursuant to section 751(c) of the making this determination, the Pursuant to section 351.218(d)(2)(iii) of Act. The Department received a Notice Department shall consider the weighted- the Sunset Regulations, this constitutes of Intent to Participate on behalf of average dumping margins determined in a waiver of participation. Hercules Incorporated (‘‘Hercules’’) on the investigation and subsequent In its substantive response, Hercules June 9, 1999, within the deadline reviews and the volume of imports of asserts that the likelihood of the subject merchandise for the period continuation or recurrence of dumping 1 See Antidumping Duty Order: Industrial before and the period after the issuance is high if the order is revoked. (See July Nitrocellulose from Yugoslavia, 55 FR 41870 1, 1999 substantive response of Hercules (October 16, 1990). of the antidumping order, and shall 2 However, the underlying investigation dealt at 3—5). To buttress its contention, with only one Yugoslavian company, Milan 3 See Extension of Time Limit for Final Results of Hercules points out a drastic decline in Blagojevic (‘‘Milan’’), located in Lucani, Yugoslavia. Five-Year Reviews, 64 FR 55233 (October 12, 1999). import volumes of the subject

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Thus, the order in place, the Department will The cessation of imports almost Department determines that weighted- provide to the Commission the margins immediately after the issuance of the average dumping margins for the subject found in the original investigation. order, Hercules further argues, is highly merchandise have continued above the Absent argument and evidence to the probative of the likelihood of future de minimis level. contrary, the Department sees no reason dumping. Id. Given that the import volumes of the to change its usual practice of selecting Moreover, Hercules indicates that, for subject merchandise ceased completely the rate from the original investigation. the past five years, the import volumes after the issuance of the order, that We will report to the Commission the of the subject merchandise have been at dumping margins above the de minimis company-specific and all-others rate zero.5 Id. In conclusion, Hercules level have continued since the issuance contained in the Final Results of Review contends that Yugoslavian of the order, and that respondent section of this notice. manufacturers/exporters of the subject interested parties have waived their Final Results of Review merchandise have not been able to sell right to participate in this review, the in the United States during the Department agrees with Hercules’ As a result of this review, the antidumping duty order regime; in other contention that dumping is likely to Department finds that revocation of the words, Yugoslavian manufacturers/ continue if the order is revoked. antidumping order would likely lead to continuation or recurrence of dumping exporters have to dump in order to Magnitude of the Margin export the subject merchandise to the at the margins listed below: United States. In the Sunset Policy Bulletin, the Department stated that it will normally Margin Consistent with section 752(c) of the Manufacturer/exporter (percent) Act, the Department considered the provide to the Commission the margin import volumes of the subject that was determined in the final Milan Blagojevic ...... 10.81 merchandise before and after the determination in the original All Others ...... 10.81 issuance of the order. The data supplied investigation. Further, for companies by Hercules, the United States Census not specifically investigated or for This notice serves as the only Bureau IM146s, and the United States companies that did not begin shipping reminder to parties subject to International Trade Commission until after the order was issued, the administrative protective order (‘‘APO’’) indicate that, since the imposition of the Department normally will provide a of their responsibility concerning the order, the import volumes of the subject margin based on the ‘‘all others’’ rate disposition of proprietary information merchandise have declined from the investigation. (See section disclosed under APO in accordance substantially.6 Moreover, for the period II.B.1 of the Sunset Policy Bulletin.) with 19 CFR 351.305 of the 1994–1998, the United States Exceptions to this policy include the Department’s regulations. Timely International Trade Commission Data use of a more recently calculated notification of return/destruction of show a complete cessation of the import margin, where appropriate, and APO materials or conversion to judicial volumes for the subject merchandise.7 consideration of duty absorption protective order is hereby requested. Therefore, the Department determines determinations. (See sections II.B.2 and Failure to comply with the regulations that the import volumes of the subject 3 of the Sunset Policy Bulletin.) and the terms of an APO is a merchandise ceased after the issuance of The Department, in its final sanctionable violation. the order. determination of sales at less-than-fair- This five-year (‘‘sunset’’) review and As indicated in section II.A.3 of the value, published a weighted-average notice are in accordance with sections Sunset Policy Bulletin, the SAA at 890, dumping margin for Milan and all- 751(c), 752, and 777(i)(1) of the Act. and House Report at 63–64, the others: 10.81 percent.8 We note that, to Dated: October 21, 1999. Department also considered whether date, the Department has not issued any Richard W. Moreland, dumping continued at any level above duty absorption findings in this case. Acting Assistant Secretary for Import de minimis after the issuance of the In its substantive response, Hercules Administration. order. If companies continue dumping urges the Department to report to the [FR Doc. 99–28066 Filed 10–26–99; 8:45 am] Commission the dumping margins from with the discipline of an order in place, BILLING CODE 3510±DS±P the Department may reasonably infer the original investigation as the margins that dumping would continue were the likely to prevail. (See the July 1, 1999 discipline removed. Because no Substantive Response of Hercules at 6.) DEPARTMENT OF COMMERCE Hercules argues that, since the 4 The order was imposed on October 16, 1990. Department has not conducted any International Trade Administration (See footnote1, supra.) In 1989 and 1990, imports administrative reviews pertaining to the [A±351±804] of the subject merchandise were 748 and 1,041 instant order, the best and only possible metric tons, respectively; however, during the period from 1991 through 1998, the import volumes recommendation the Department can Final Results of Expedited Sunset were as follows: 1991—312; 1992—47; 1993—0; make, regarding margins that are likely Review: Industrial Nitrocellulose From 1994—0; 1995—0; 1996—0; 1997—0; and 1998—0 to prevail, is the ones from the original Brazil metric tons. (See Hercules’ July 1, 1999 substantive investigation. Id. response, Attachment 2.) The Department agrees with Hercules’ AGENCY: Import Administration, 5 See footnote 4, supra. During 1994–1998, the International Trade Administration, average import volume of the subject merchandise suggestion pertaining to the margin that was 0 metric ton. is likely to prevail if the order were Department of Commerce. 6 See footnote 3, supra. The numbers supplied by ACTION: Notice of final results of Hercules exactly correspond with those of the U.S. 8 See Final Determination of Sales at Less Than expedited sunset review: Industrial International Trade Commission Data. Fair Value: Industrial Nitrocellulose from Nitrocellulose from Brazil. 7 See footnote 4. Yugoslavia, 55 FR 34946 (, 1990).

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SUMMARY: On June 1, 1999, the has a nitrogen content greater than 12.2 administrative review proceeding. (See Department of Commerce (‘‘the percent. Industrial nitrocellulose is Hercules’ July 1, 1999 Substantive Department’’) initiated a sunset review currently classifiable under Harmonized Response at 1–2.) of the antidumping order on industrial Tariff Schedule (‘‘HTS’’) item number We did not receive a substantive nitrocellulose from Brazil (64 FR 29261) 3912.20.00. The HTS item number is response from any respondent pursuant to section 751(c) of the Tariff provided for convenience and customs interested party to this proceeding. Act of 1930, as amended (the ‘‘Act’’). On purposes only. The written description Consequently, pursuant to section the basis of a notice of intent to remains dispositive. 351.218(e)(1)(ii)(C) of the Sunset Regulations, the Department determined participate and adequate substantive History of the Order response filed on behalf of a domestic to conduct an expedited, 120-day, interested party and inadequate The antidumping duty order on review of this order. response (in this case, no response) from nitrocellulose from Brazil was In accordance with section respondent interested parties, the published in the Federal Register on 751(c)(5)(C)(v) of the Act, the 1 Department determined to conduct an July 10, 1990 (55 FR 28266). In that Department may treat a review as expedited review. As a result of this order, the Department determined that extraordinarily complicated if it is a review, the Department finds that the weighted-average dumping margin review of a transition order—an order revocation of the antidumping duty for all entries of the subject merchandise which was in effect on January 1, 1995. 2 order would be likely to lead to was 61.25 percent. Since that time, the See section 751(c)(6)(C) of the Act. The continuation or recurrence of dumping Department has completed one Department determined that the sunset 3 at the levels indicated in the Final administrative review. We note that, to review of the antidumping duty order Result of Review section of this notice. date, the Department has not issued any on industrial nitrocellulose from Brazil duty absorption findings in this case. FOR FURTHER INFORMATION CONTACT: is extraordinarily complicated. Eun The order remains in effect for all W. Cho or Melissa G. Skinner, Office of Therefore, on October 12, 1999, the manufacturers and exporters of the Department extended the time limit for Policy for Import Administration, subject merchandise. International Trade Administration, completion of the preliminary results of U.S. Department of Commerce, 14th Background this review until not later than December 28, 1999, in accordance with Street and Constitution Avenue, NW., On June 1, 1999, the Department section 751(c)(5)(B) of the Act.4 Washington, DC 20230; telephone: (202) initiated a sunset review of the 482–1698 or (202) 482–1560, antidumping duty order on Determination respectively. nitrocellulose from Brazil (64 FR In accordance with section 751(c)(1) EFFECTIVE DATE: October 27, 1999. 29261), pursuant to section 751(c) of the of the Act, the Department conducted Act. The Department received a Notice Statute and Regulations this review to determine whether of Intent to Participate on behalf of revocation of the antidumping order This review was conducted pursuant Hercules Incorporated (‘‘Hercules’’) on would be likely to lead to continuation to sections 751(c) and 752(c) of the Act. June 9, 1999, within the deadline or recurrence of dumping. Section The Department’s procedures for the specified in section 351.218(d)(1)(i) of 752(c) of the Act provides that, in conduct of sunset reviews are set forth the Sunset Regulations. Hercules asserts making this determination, the in Procedures for Conducting Five-Year that it is not related to a foreign Department shall consider the weighted- (‘‘Sunset’’) Reviews of Antidumping and producer, foreign exporter, or domestic average dumping margins determined in Countervailing duty Orders, 63 FR importer of the subject merchandise and the investigation and subsequent 13516 (March 20, 1998) (‘‘Sunset that it is not an importer of the subject reviews and the volume of imports of Regulations’’) and 19 CFR Part 351 merchandise except on an occasional the subject merchandise for the period spot basis. (See Hercules’ June 9, 1999 (1998) in general. Guidance on before and the period after the issuance Intent to Participate at 2.) methodological or analytical issues of the antidumping order, and shall We received a complete substantive relevant to the Department’s conduct of provide to the International Trade sunset reviews is set forth in the response from Hercules on July 1, 1999, within the 30-day deadline specified in Commission (‘‘the Commission’’) the Department’s Policy Bulletin 98:3— magnitude of the margin of dumping Policies Regarding the Conduct of Five- the Sunset Regulations under section 351.218(d)(3)(i). Hercules claims likely to prevail if the order is revoked. year (‘‘Sunset’’) Reviews of The Department’s determinations interested party status under section Antidumping and Countervailing Duty concerning continuation or recurrence 771(9)(C) of the Act as a U.S. Orders; Policy Bulletin, 63 FR 18871 of dumping and the magnitude of the manufacturer, producer, and wholesaler (April 16, 1998) (‘‘Sunset Policy margins are discussed below. In Bulletin’’). of the subject merchandise. In its substantive response, Hercules indicates addition, Hercules’ comments with Scope that it is the sole remaining U.S. respect to continuation or recurrence of dumping and the magnitude of the The product covered by this order is producer of nitrocellulose, was the petitioner in the original investigation, margins are addressed within the industrial nitrocellulose respective sections below. (‘‘nitrocellulose’’) from Brazil. Industrial and has participated in the only nitrocellulose is a dry, white, Continuation or Recurrence of amorphous synthetic chemical with a 1 See Antidumping Duty Order: Industrial Dumping Nitrocellulose from Brazil, 55 FR 28266 (July 10, nitrogen content between 10.8 and 12.2 1990). Drawing on the guidance provided in percent, and is produced from the 2 However, the underlying investigation and the the legislative history accompanying the reaction of cellulose with nitric acid. subsequent administrative review dealt with only Uruguay Round Agreements Act Industrial nitrocellulose is used as a one Brazilian company, Companhia Nitro Quimica (‘‘URAA’’), specifically the Statement of film-former in coatings, lacquers, Brasileira (‘‘Quimica’’). 3 See Industrial Nitrocellulose From the Brazil; Administrative Action (‘‘the SAA’’), furniture finishes, and printing inks. Notice of Final Results of Antidumping Duty The scope of this order does not include Administrative Review, 58 FR 38750 (, 4 See Extension of Time Limit for Final Results of explosive grade nitrocellulose, which 1993). Five-Year Reviews, 64 FR 55233 (October 12, 1999).

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H.R. Doc. No. 103–316, vol. 1 (1994), the achieve a reduced cash deposit rate in of this notice of initiation vis a vis pre- House Report, H.R. Rep. No. 103–826, the forthcoming administrative review, order imports volumes. pt.1 (1994), and the Senate Report, S. made some small scale imports in 1991 As indicated in section II.A.3 of the Rep. No. 103–412 (1994), the and 1992. Id. Hercules notes that, soon Sunset Policy Bulletin, the SAA at 890, Department issued its Sunset Policy thereafter, however, imports of the and House Report at 63–64, the Bulletin providing guidance on subject merchandise began to increase. Department also considered whether methodological and analytical issues, Id. According to Hercules, this dumping continued at any level above including the bases for likelihood increasing trend stopped and the import de minimis after the issuance of the determinations. In its Sunset Policy volumes of the subject merchandise order. If companies continue dumping Bulletin, the Department indicated that were reduced to zero after Hercules with the discipline of an order in place, determinations of likelihood will be requested a second administrative the Department may reasonably infer made on an order-wide basis (see review in 1996.6 Id. In conclusion, that dumping would continue were the section II.A.2). In addition, the Hercules argues that Brazilian discipline removed. After examining the Department indicated that normally it producers/exporters of the subject published findings with respect to will determine that revocation of an merchandise could not sustain their weighted-average dumping margins in antidumping order is likely to lead to level of exports after the issuance of the the original investigation and from the continuation or recurrence of dumping antidumping duty order; in other words, previous administrative review,9 the where (a) dumping continued at any Brazilian producers/exporters have to Department determines that, since the level above de minimis after the dump in order to export the subject issuance of the order, weighted-average issuance of the order, (b) imports of the merchandise to the United States. dumping margins for the subject subject merchandise ceased after the Consistent with section 752(c) of the merchandise have continued at above issuance of the order, or (c) dumping Act, the Department considered the the de minimis level. was eliminated after the issuance of the import volumes of the subject Given that dumping of the subject order and import volumes for the merchandise before and after the merchandise continued above the de subject merchandise declined issuance of the order. The data supplied minimis level after the issuance of the significantly (see section II.A.3). by Hercules and those of the United order, and that respondent interested In addition to considering the States Census Bureau IM146s and the parties have waived their right to guidance on likelihood cited above, United States International Trade participate in this review, the section 751(c)(4)(B) of the Act provides Commission indicate that, immediately Department agrees with Hercules’ that the Department shall determine that after the imposition of the order, the contention that dumping is likely to revocation of an order is likely to lead import volumes of the subject continue if the order is revoked. merchandise declined substantially.7 to continuation or recurrence of Magnitude of the Margin dumping where a respondent interested However, for the period 1994–1998, it is party waives its participation in the unclear whether the import volumes In the Sunset Policy Bulletin, the sunset review. In the instant review, the have declined substantially, or declined Department stated that it will normally Department did not receive a response at all, when compared to pre-order provide to the Commission the margin 8 from any respondent interested party. volume. Therefore, the Department that was determined in the final Pursuant to section 351.218(d)(2)(iii) of determines that although the import determination in the original the Sunset Regulations, this constitutes volumes of the subject merchandise investigation. Further, for companies a waiver of participation. decreased significantly immediately not specifically investigated or for In its substantive response, Hercules after the issuance of the order, the companies that did not begin shipping asserts that the likelihood of Department cannot determine that until after the order was issued, the continuation or recurrence of dumping import volumes of the subject Department normally will provide a is high if the order is revoked. (See July merchandise decreased for the five-year margin based on the ‘‘all others’’ rate 1, 1999 substantive response of Hercules period preceding the year of publication from the investigation. (See section at 3–6). To support its contention, II.B.1 of the Sunset Policy Bulletin.) 6 Hercules is suggesting that the Brazilian Exceptions to this policy include the Hercules points to a drastic decline in producers/exporters were dumping at an increased import volumes of the subject rate and only stopped exporting the subject use of a more recently calculated merchandise immediately after the merchandise entirely because of imminent margin, where appropriate, and issuance of the order. According to imposition of a higher margin in a pending consideration of duty absorption administrative review. Hercules states that it determinations. (See sections II.B.2 and Hercules, after the imposition of the withdrew its request for the review after it antidumping order, imports of the recognized that Quimica, the only firm subjected to 3 of the Sunset Policy Bulletin.) subject merchandise virtually stopped.5 the investigation and review, had experienced an The Department, in its final Id. The virtual cessation of imports in industrial accident and, as a consequence, would determination of sales at less-than-fair- not be in position for some time to dump the value, published a weighted-average the years immediately after the issuance subject merchandise in the United States. In other of the order, Hercules further argues, is words, exports of the subject merchandise reduced dumping margin for Quimica and all- 10 highly probative of the likelihood of to zero in 1998 because of an accident, which shut others: 61.25 percent. We note that, to future dumping. Id. down Quimica’s production facilities in Brazil. See date, the Department has not issued any Hercules also indicates that Brazilian Industrial Nitrocellulose From Brazil; Rescission of duty absorption findings in this case. Antidumping Duty Administrative Review, 62 FR In its substantive response, Hercules producers/exporters, in an attempt to 63666 (December 15, 1997). 7 See footnote 4, supra. The numbers supplied by urges the Department to report to the 5 The order was imposed on July 10, 1990. (See Hercules exactly correspond with those of the U.S. footnote 1, supra.) In 1989 through 1990, imports International Trade Commission Data. 9 See footnote 3, supra. In this Administrative of the subject merchandise were 734 and 207 metric 8 The average volume of imports of the subject Review, covering the period July 1991 through June tons, respectively; however, during 1991 and 1998, merchandise between 1994 and 1998 was 564.4; 1992, the Department determined that the the imports volumes were as follows: 1991—7; however, if we exclude 1998 zero level, which was weighted-average dumping margin for Quimica was 1992—13; 1993—0; 1994—228; 1995—635; 1996— due to Quimica’s production incapacitation, the 5.81 percent and for all-others was 61.25 percent. 1261; 1997—698; and 1998—0 metric tons. (See average volume between 1994 and 1997 was 705.5. 10 See Final Determination of Sales at Less Than July 1, 1999 substantive response of the Hercules, The average of 1989 and 1990 pre-order volume was Fair Value: Industrial Nitrocellulose from Brazil, 55 Attachment 2.) 470.5; in 1989 alone, the pre-order volume was 734. FR 23120 (, 1990).

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Commission the dumping margins from Dated: October 21, 1999. relevant to the Department’s conduct of the original investigation as the margins Richard W. Moreland, sunset reviews is set forth in the likely to prevail. (See the July 1, 1999 Acting Assistant Secretary for Import Department’s Policy Bulletin 98:3— Substantive Response of Hercules at 6– Administration. Policies Regarding the Conduct of Five- 7.) Although the Department found a [FR Doc. 99–28067 Filed 10–26–99; 8:45 am] year (‘‘Sunset’’) Reviews of substantially reduced 5.81 percent BILLING CODE 3510±DS±P Antidumping and Countervailing Duty dumping margin for a Brazilian Orders; Policy Bulletin, 63 FR 18871 producer in its administrative review, (April 16, 1998) (‘‘Sunset Policy Hercules contends that the reduced DEPARTMENT OF COMMERCE Bulletin’’). dumping margin coincided with greatly declined import volumes of the subject International Trade Administration Scope merchandise.11 Id. Therefore, the rates [A±570±802] The product covered by this order is which would most accurately reflect the industrial nitrocellulose antidumping margins that are likely to Final Results of Expedited Sunset (‘‘nitrocellulose’’) from the People’s prevail were the order revoked are the Review: Industrial Nitrocellulose From Republic of China (‘‘China’’). Industrial ones from the original investigation. People's Republic of China nitrocellulose is a dry, white, The Department agrees with Hercules’ AGENCY: Import Administration, amorphous synthetic chemical with a suggestion pertaining to the margins International Trade Administration, nitrogen content between 10.8 and 12.2 that are likely to prevail if the order Department of Commerce. percent, and is produced from the were revoked. Because the margins from ACTION: Notice of Final Results of reaction of cellulose with nitric acid. the original investigation reflect the Expedited Sunset Review: Industrial Industrial nitrocellulose is used as a behavior of Brazilian producers/ Nitrocellulose from People’s Republic of film-former in coatings, lacquers, exporters without the discipline of an China. furniture finishes, and printing inks. order in place, the Department will The scope of this order does not include provide to the Commission the margins SUMMARY: On June 1, 1999, the explosive grade nitrocellulose, which found in the original investigation. Department of Commerce (‘‘the has a nitrogen content greater than 12.2 Absent argument and evidence to the Department’’) initiated a sunset review percent. Industrial nitrocellulose is contrary, the Department sees no reason of the antidumping order on industrial currently classifiable under Harmonized to change its usual practice of selecting nitrocellulose from People’s Republic of Tariff Schedule (‘‘HTS’’) item number the rate from the original investigation. China (64 FR 29261) pursuant to section We will report to the Commission the 751(c) of the Tariff Act of 1930, as 3912.20.00. The HTS item number is company-specific and all-others rate amended (the ‘‘Act’’). On the basis of a provided for convenience and customs contained in the Final Results of Review notice of intent to participate and purposes only. The written description section of this notice. adequate substantive response filed on remains dispositive. behalf of a domestic interested party History of the Order Final Results of Review and inadequate response (in this case, As a result of this review, the no response) from respondent interested The antidumping duty order on Department finds that revocation of the parties, the Department determined to nitrocellulose from China was antidumping order would likely lead to conduct an expedited review. As a published in the Federal Register on continuation or recurrence of dumping result of this review, the Department July 10, 1990 (55 FR 28267).1 In that at the margins listed below: finds that revocation of the antidumping order, the Department indicated that the duty order would be likely to lead to weighted-average dumping margins for continuation or recurrence of dumping Manufacturer/Exporter Margin all entries of the subject merchandise is (percent) at the levels indicated in the Final 78.40 percent. Since that time, the Results of Review section of this notice. Department has completed only one Companhia Nitro Quimica FOR FURTHER INFORMATION CONTACT: Brasileira ...... 61.25 Eun administrative review. In that review, All Others ...... 61.25 W. Cho or Melissa G. Skinner, Office of covering July 1, 1995 through June 30, Policy for Import Administration, 1996, we found that China North International Trade Administration, This notice serves as the only Industries Guangzhou Corp. (‘‘CNIGC’’) U.S. Department of Commerce, 14th reminder to parties subject to was the only exporter. In that review, Street and Constitution Avenue, NW., administrative protective order (‘‘APO’’) the Department determined not to grant Washington, D.C. 20230; telephone: of their responsibility concerning the CNIGC a separate rate; instead, we (202) 482–1698 or (202) 482–1560, disposition of proprietary information established a rate of zero for all entries respectively. disclosed under APO in accordance from the People’s Republic of China EFFECTIVE DATE: with 19 CFR 351.305 of the October 27, 1999. (‘‘PRC-wide rate’’) based on information 2 Department’s regulations. Timely Statute and Regulations submitted by CNIGC. The order remains in effect for all manufacturers notification of return/destruction of This review was conducted pursuant APO materials or conversion to judicial and exporters of the subject to sections 751(c) and 752(c) of the Act. merchandise. protective order is hereby requested. The Department’s procedures for the Failure to comply with the regulations conduct of sunset reviews are set forth 1 See Antidumping Duty Order: Industrial and the terms of an APO is a in Procedures for Conducting Five-Year sanctionable violation. Nitrocellulose from the People’s Republic of China, (‘‘Sunset’’) Reviews of Antidumping and 55 FR 28267 (July 10, 1990). This five-year (‘‘sunset’’) review and Countervailing Duty Orders, 63 FR 2 See Industrial Nitrocellulose From the People’s notice are in accordance with sections 13516 (March 20, 1998) (‘‘Sunset Republic of China: Final Results of Antidumping 751(c), 752, and 777(i)(1) of the Act. Duty Administrative Review, 62 FR 65667 Regulations’’) and 19 CFR Part 351 (December 15, 1997). In the review, the Department (1998) in general. Guidance on found that the PRC-wide rate was zero for the 11 See footnote 5 and 8, supra. methodological or analytical issues period of review.

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Background revocation of the antidumping order from any respondent interested party. On June 1, 1999, the Department would be likely to lead to continuation Pursuant to section 351.218(d)(2)(iii) of initiated a sunset review of the or recurrence of dumping. Section the Sunset Regulations, this constitutes antidumping duty order on 752(c) of the Act provides that, in a waiver of participation. nitrocellulose from China (64 FR making this determination, the In its substantive response, Hercules 29261), pursuant to section 751(c) of the Department shall consider the weighted- asserts that the likelihood of Act. The Department received a Notice average dumping margins determined in continuation or recurrence is high if of Intent to Participate on behalf of the investigation and subsequent were the order revoked. (See July 1, Hercules Incorporated (‘‘Hercules’’) on reviews and the volume of imports of 1999 substantive response of the June 9, 1999, within the deadline the subject merchandise for the period Hercules at 3–6). To buttress its specified in section 351.218(d)(1)(i) of before and the period after the issuance contention, Hercules points out a drastic the Sunset Regulations. Hercules asserts of the antidumping order, and shall decline in import volumes of the subject that it is not related to a foreign provide to the International Trade merchandise immediately after the producer, foreign exporter, or domestic Commission (‘‘the Commission’’) the issuance of the order. According to importer of the subject merchandise; nor magnitude of the margin of dumping Hercules, after the imposition of the is it an importer of the subject likely to prevail if the order is revoked. antidumping order, imports of the The Department’s determinations subject merchandise all but merchandise except on an occasional 4 spot basis. (See Hercules’ June 9, 1999 concerning continuation or recurrence disappeared. Id. The virtual cessation Intent to Participate at 2.) of dumping and the magnitude of the of imports immediately after the We received a complete substantive margins are discussed below. In issuance of the order, Hercules further response from Hercules on July 1, 1999, addition, Hercules’ comments with argues, is highly probative of the within the 30-day deadline specified in respect to continuation or recurrence of likelihood of future dumping. Id. the Sunset Regulations under section dumping and the magnitude of the Moreover, Hercules indicates that, for 351.218(d)(3)(i). Hercules claims margins are addressed within the the past five years, imports of the interested party status under section respective sections below. subject merchandise have been at or 771(9)(C) of the Act as a U.S. near zero. Id. According to Hercules, Continuation or Recurrence of the— small scale of imports of the manufacturer, producer, and wholesaler Dumping of the subject merchandise. In its subject merchandise in 1996 was just Drawing on the guidance provided in substantive response, Hercules indicates the Chinese producers/exporters’ the legislative history accompanying the that it is the sole remaining U.S. attempt to attain a reduced cash deposit Uruguay Round Agreements Act domestic producer of nitrocellulose, rate in a pending administrative (‘‘URAA’’), specifically the Statement of 5 was the petitioner in the original review. Id. Hercules further notes that Administrative Action (‘‘the SAA’’), investigation, and has participated in all even after weighted-average dumping H.R. Doc. No. 103–316, vol. 1 (1994), the contested review proceedings. (See margin for the subject merchandise was House Report, H.R. Rep. No. 103–826, Hercules’ July 1, 1999 Substantive reduced to zero (from 78.40 percent), pt.1 (1994), and the Senate Report, S. Response at 1–2.) Chinese producers/exporters could not We did not receive a substantive Rep. No. 103–412 (1994), the sustain the exports of the subject response from any respondent Department issued its Sunset Policy merchandise. Id. As a result, Hercules interested parties to this proceeding. Bulletin providing guidance on concludes, dumping of the subject Consequently, pursuant to section methodological and analytical issues, merchandise will continue if the order 351.218(e)(1)(ii)(C) of the Sunset including the bases for likelihood were revoked. Regulations, the Department determined determinations. In its Sunset Policy As indicated in section II.A.3 of the to conduct an expedited, 120-day, Bulletin, the Department indicated that Sunset Policy Bulletin, the SAA at 890, review of this order. determinations of likelihood will be and House Report at 63–64, the In accordance with section made on an order-wide basis (see Department considers whether dumping 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the continued at any level above de minimis Department may treat a review as Department indicated that normally it after the issuance of the order. If extraordinarily complicated if it is a will determine that revocation of an companies continue dumping with the review of a transition order—an order antidumping order is likely to lead to discipline of an order in place, the which was in effect on January 1, 1995. continuation or recurrence of dumping Department may reasonably infer that See section 751(c)(6)(C) of the Act. The where (a) dumping continued at any dumping would continue were the Department determined that the sunset level above de minimis after the discipline removed. Since publication review of the antidumping duty order issuance of the order, (b) imports of the of the final results of the 1995–1996 on industrial nitrocellulose from China subject merchandise ceased after the administrative review, the cash deposit is extraordinarily complicated. issuance of the order, or (c) dumping rate has remained zero. Therefore, on October 12, 1999, the was eliminated after the issuance of the However, consistent with section Department extended the time limit for order and import volumes for the 752(c) of the Act, the Department also completion of the preliminary results of subject merchandise declined considered the import volumes of the this review until not later than significantly (see section II.A.3). December 28, 1999, in accordance with In addition to considering the 4 In 1989 and 1990, imports of the subject guidance on likelihood cited above, merchandise were 508 and 237 metric tons, section 751(c)(5)(B) of the Act.3 section 751(c)(4)(B) of the Act provides respectively; however, during the period 1991 through 1998, imports volumes were as follows: Determination that the Department shall determine that 1991—2; 1992—0; 1993—17; 1994—0; 1995—0; In accordance with section 751(c)(1) revocation of an order is likely to lead 1996—9; 1997—0; and 1998—27 metric tons. (See of the Act, the Department conducted to continuation or recurrence of July 1, 1999 substantive response of Hercules, dumping where a respondent interested Attachment 2.) this review to determine whether 5 See footnote 4, supra. In the 1995–1996 review, party waives its participation in the the Department found a 0% weighted-average 3 See Extension of Time Limit for Final Results of sunset review. In the instant review, the dumping margin for entries of nitrocellulose from Five-Year Reviews, 64 FR 55233 (October 12, 1999). Department did not receive a response China.

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57859 subject merchandise before and after the Bulletin at 18873, Hercules states that and the terms of an APO is a issuance of the order. The data supplied the Department normally will provide sanctionable violation. by Hercules and those of the United the Commission with the dumping This five-year (‘‘sunset’’) review and States Census Bureau IM146s and the margins from the investigation unless notice are in accordance with sections United States International Trade the import volumes increase while at 751(c), 752, and 777(i)(1) of the Act. Commission indicate that, since the the same time dumping margins Dated: October 21, 1999. imposition of the order, import volumes decrease after the issuance of the order. Richard W. Moreland, of the subject merchandise have (See the July 1, 1999 Substantive declined substantially.6 Moreover, for Acting Assistant Secretary for Import Response of the Hercules at 6–7.) Administration. the period 1994–1998, although Census Hercules points out that, in the instant [FR Doc. 99–28068 Filed 10–26–99; 8:45 am] Bureau IM 146 data do not reflect any case, however, the reduced weighted- annual imports of the subject average dumping margin for Chinese BILLING CODE 3510±DS±P merchandise, the United States producers/exporters coincides with a International Trade Commission Data greatly declined import volume of the DEPARTMENT OF COMMERCE show rather insignificant imports of the subject merchandise. Id. In other words, 7 subject merchandise during the period. Hercules states that Chinese producers/ International Trade Administration Therefore, the Department determines exporters are incapable of reducing that the import volumes of the subject weighted-average dumping margins [A±427±009] merchandise decreased significantly while at the same time increasing Final Results of Expedited Sunset after the issuance of the order. exports of the subject merchandise to Given that the import volumes of the Review: Industrial Nitrocellulose From the United States. Id. Therefore, France subject merchandise decreased Hercules urges, the Department should significantly after the issuance of the abide by its practice, as set forth in the AGENCY: Import Administration, order and that respondent interested Sunset Policy Bulletin, and report to the International Trade Administration, parties have waived their right to Commission the margin set forth in the Department of Commerce. participate in this review, the original investigation. ACTION: Notice of Final Results of Department agrees with Hercules’ contention that dumping is likely to The Department agrees with Hercules’ Expedited Sunset Review: Industrial continue if the order is revoked. suggestion pertaining to the margin that Nitrocellulose from France. is likely to prevail if the order were Magnitude of the Margin: revoked. Because the margins from the SUMMARY: On June 1, 1999, the Department of Commerce (‘‘the In the Sunset Policy Bulletin, the original investigation reflect the Department’’) initiated a sunset review Department stated that it will normally behavior of Chinese producers and of the antidumping duty order on provide to the Commission the margin exporters without the discipline of an industrial nitrocellulose from France (64 that was determined in the final order in place, the Department will FR 29261) pursuant to section 751(c) of determination in the original provide to the Commission the margin the Tariff Act of 1930, as amended (the investigation. Further, for companies found in the original investigation. ‘‘Act’’). On the basis of a notice of intent not specifically investigated or for Absent argument and evidence to the to participate and adequate substantive companies that did not begin shipping contrary, the Department sees no reason until after the order was issued, the to change its usual practice of selecting response filed on behalf of a domestic Department normally will provide a the rate from the original investigation. interested party and inadequate margin based on the ‘‘all others’’ rate We will report to the Commission the response (in this case, no response) from from the investigation. (See section PRC-wide rate contained in the Final respondent interested parties, the II.B.1 of the Sunset Policy Bulletin.) Results of Review section of this notice. Department determined to conduct an Exceptions to this policy include the expedited review. As a result of this Final Results of Review use of a more recently calculated review, the Department finds that revocation of the antidumping duty margin, where appropriate, and As a result of this review, the consideration of duty absorption order would be likely to lead to Department finds that revocation of the continuation or recurrence of dumping determinations. (See sections II.B.2 and antidumping order would likely lead to 3 of the Sunset Policy Bulletin.) at the levels indicated in the Final continuation or recurrence of dumping Results of Review section of this notice. The Department, in its final at the margins listed below: determination of sales at less-than-fair- FOR FURTHER INFORMATION CONTACT: value, published a weighted-average Margin Eun W. Cho or Melissa G. Skinner, dumping margin for CNIGC and all- Manufacturer/Exporter (percent) Office of Policy for Import others: 78.40 percent.8 We note that, to Administration, International Trade date, the Department has not issued any PRC-wide ...... 78.40 Administration, U.S. Department of duty absorption findings in this case. Commerce, 14th Street and Constitution In its substantive response, citing the This notice serves as the only Avenue, NW. Washington, DC 20230; SAA at 890 and the Sunset Policy reminder to parties subject to telephone: (202) 482–1698 or (202) 482– administrative protective order (‘‘APO’’) 1560, respectively. 6 See id. The numbers supplied by Hercules of their responsibility concerning the EFFECTIVE DATE: October 27, 1999. exactly correspond with those of the U.S. disposition of proprietary information International Trade Commission Data. Statute and Regulations 7 See id. During 1994–1998, the average import disclosed under APO in accordance volume of the subject merchandise was 7.2 metric with 19 CFR 351.305 of the This review was conducted pursuant tons, which is a mere 1.93 percent of 1989 and 1990 Department’s regulations. Timely to sections 751(c) and 752(c) of the Act. pre-order import levels. notification of return/destruction of The Department’s procedures for the 8 See Final Determination of Sales at Less Than APO materials or conversion to judicial Fair Value: Industrial Nitrocellulose From the conduct of sunset reviews are set forth People’s Republic of China, 55 FR 21051 (May 22, protective order is hereby requested. in Procedures for Conducting Five-Year 1999). Failure to comply with the regulations (‘‘Sunset’’) Reviews of Antidumping and

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Countervailing Duty Orders, 63 FR Department has not issued any duty Determination 13516 (March 20, 1998) (‘‘Sunset absorption findings in this case. The In accordance with section 751(c)(1) Regulations’’), and 19 CFR Part 351 order remains in effect for all of the Act, the Department conducted (1998) in general. Guidance on manufacturers and exporters of the this review to determine whether methodological or analytical issues subject merchandise. revocation of the antidumping duty relevant to the Department’s conduct of Background order would be likely to lead to sunset reviews is set forth in the continuation or recurrence of dumping. Department’s Policy Bulletin 98:3— On June 1, 1999, the Department initiated a sunset review of the Section 752(c) of the Act provides that, Policies Regarding the Conduct of Five- in making this determination, the year (‘‘Sunset’’) Reviews of antidumping duty order on Department shall consider the weighted- Antidumping and Countervailing Duty nitrocellulose from France (64 FR average dumping margins determined in Orders; Policy Bulletin, 63 FR 18871 29261), pursuant to section 751(c) of the the investigation and subsequent (April 16, 1998) (‘‘Sunset Policy Act. The Department received a Notice reviews and the volume of imports of Bulletin’’). of Intent to Participate on behalf of Hercules Incorporated (‘‘Hercules’’) on the subject merchandise for the period Scope June 9, 1999, within the deadline before and the period after the issuance The product covered by this order is specified in section 351.218(d)(1)(i) of of the antidumping duty order, and it industrial nitrocellulose the Sunset Regulations. Hercules asserts shall provide to the International Trade (‘‘nitrocellulose’’) from France. that it is not related to a foreign Commission (‘‘the Commission’’) the Industrial nitrocellulose is a dry, white, producer, foreign exporter, or domestic magnitude of the margin of dumping amorphous synthetic chemical with a importer of the subject merchandise and likely to prevail if the order is revoked. nitrogen content between 10.8 and 12.2 that it is not an importer of the subject The Department’s determinations percent and is produced from the merchandise except on an occasional concerning continuation or recurrence reaction of cellulose with nitric acid. spot basis. (See Hercules’ June 9, 1999, of dumping and the magnitude of the Industrial nitrocellulose is used as a Intent to Participate at 2.) margins are discussed below. In film-former in coatings, lacquers, We received a complete substantive addition, Hercules’ comments with furniture finishes, and printing inks. response from Hercules on July 1, 1999, respect to continuation or recurrence of The scope of this order does not include within the 30-day deadline specified in dumping and the magnitude of the explosive grade nitrocellulose, which the Sunset Regulations under section margins are addressed within the has a nitrogen content greater than 12.2 351.218(d)(3)(i). Hercules claims respective sections below. percent. Industrial nitrocellulose is interested party status under section Continuation or Recurrence of currently classifiable under Harmonized 771(9)(C) of the Act as a U.S. Dumping Tariff Schedule (‘‘HTS’’) item number manufacturer, producer, and wholesaler 3912.20.00. The HTS item number is of the subject merchandise. In its Drawing on the guidance provided in provided for convenience and customs substantive response, Hercules indicates the legislative history accompanying the purposes only. The written description that it is the sole remaining U.S. Uruguay Round Agreements Act remains dispositive. producer of nitrocellulose, was the (‘‘URAA’’), specifically the Statement of petitioner in the original investigation, Administrative Action (‘‘the SAA’’), History of the Order and has participated in all review H.R. Doc. No. 103–316, vol. 1 (1994), the The antidumping duty order on proceedings. (See Hercules’ July 1, 1999, House Report, H.R. Rep. No. 103–826, nitrocellulose from France was Substantive Response at 1–2.) pt. 1 (1994), and the Senate Report, S. published in the Federal Register on We did not receive a substantive Rep. No. 103–412 (1994), the August 10, 1983 (48 FR 36303).1 In that response from any respondent Department issued its Sunset Policy order, the Department determined that interested party to this proceeding. Bulletin providing guidance on the weighted-average dumping margin Consequently, pursuant to section methodological and analytical issues, for all entries of the subject merchandise 351.218(e)(1)(ii)(C) of the Sunset including the bases for likelihood was 1.38 percent.2 Since that time, the Regulations, the Department determined determinations. In its Sunset Policy Department has completed several to conduct an expedited, 120-day, Bulletin, the Department indicated that administrative reviews.3 To date, the review of this order. determinations of likelihood will be In accordance with section made on an order-wide basis (see 1 See Industrial Nitrocellulose from France; 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the Antidumping Duty Order, 48 FR 36303 (August 10, Department may treat a review as Department indicated that normally it 1983). extraordinarily complicated if it is a will determine that revocation of an 2 However, the underlying investigation and antidumping duty order is likely to lead subsequent administrative reviews dealt with only review of a transition order—an order one French company, Societe Nationale des which was in effect on January 1, 1995. to continuation or recurrence of Poudres et Explosifs (‘‘SNPE’’) except in the most See section 751(c)(6)(C) of the Act. The dumping where (a) dumping continued recent administrative review in which Bergerac, Department determined that the sunset at any level above de minimis after the N.C. (‘‘Bergerac’’), a successor company with issuance of the order, (b) imports of the respect to production of the subject merchandise review of the antidumping duty order and a subsidiary of SNPE, became the subject of the on industrial nitrocellulose from France subject merchandise ceased after the review. is extraordinarily complicated. issuance of the order, or (c) dumping 3 See Industrial Nitrocellulose From France: Final Therefore, on October 12, 1999, the was eliminated after the issuance of the Results of Antidumping Duty Administrative order and import volumes for the Review, 51 FR 43227 (December 1, 1986); Industrial Department extended the time limit for Nitrocellulose From France: Final Results of completion of the preliminary results of subject merchandise declined Antidumping Duty Administrative Review, 53 FR this review until not later than significantly (see section II.A.3). 15262 (April 28, 1988); Industrial Nitrocellulose December 28, 1999, in accordance with In addition to considering the From France: Final Results of Antidumping Duty 4 guidance on likelihood cited above, Administrative Review, 53 FR 27185 (July 19, 1988); section 751(c)(5)(B) of the Act. Industrial Nitrocellulose From France: Final Results section 751(c)(4)(B) of the Act provides of Antidumping Duty Administrative Review, 63 FR 4 See Extension of Time Limit for Final Results of that the Department shall determine that 49085 (, 1998). Five-Year Reviews, 64 FR 55233 (October 12, 1999). revocation of an order is likely to lead

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In addition to the Sunset Regulations, this constitutes issuance of the order, except for the supplying data which indicate clearly a waiver of participation. period between May 1983 and July that Bergerac’s market share in the In its substantive response, Hercules 1986, the weighted-average dumping United States increased during the asserts that the likelihood of margins for the subject merchandise 1990s,9 Hercules also claims that continuation or recurrence of dumping have continued at above the de minimis Bergerac’s market behavior of not is high if the order is revoked. (See July level. raising its export prices,10 after a higher 1, 1999, substantive response of Given that dumping of the subject dumping margin was imposed in the Hercules at 3–6.) To support its merchandise continued above the de most recent administrative review,11 assertion, Hercules points out that, minimis level after the issuance of the suggests that Bergerac intends to during the 1990s, Bergerac continued to order and that respondent interested continue dumping at the recent, higher increase its extent of dumping of the parties have waived their right to margins to hold onto or to increase its subject merchandise. Hercules notes participate in this review, the market share. Id. Therefore, Hercules that, after finding Bergerac was Department agrees with Hercules’ urges the Department to provide to the dumping at the rate of 4.39 percent for contention that dumping is likely to Commission the more recent, higher the period of 1986–1987, in the next and continue if the order is revoked. margin because that margin is a better the most recent administrative review indicator of Bergerac’s likely behavior in covering 1996–1997, the Department Magnitude of the Margin the event the order is revoked. determined that the dumping margin for In the Sunset Policy Bulletin, the The Department agrees with the Bergerac was 13.35 percent. Id. Hercules Department stated that it will normally Hercules’ argument pertaining to the argues that Bergerac has demonstrated provide to the Commission the margin margin that is likely to prevail were the over the past decade that it has to dump that was determined in the final order revoked. In the Sunset Policy in order to export the subject determination in the original Bulletin, the Department indicated that, merchandise to the United States. investigation. Further, for companies when a company chooses to increase Consistent with section 752(c) of the not specifically investigated or for dumping in order to maintain or Act, the Department considered the companies that did not begin shipping increase its market share, the import volumes of the subject until after the order was issued, the Department may report a more recently merchandise before and after the Department normally will provide a calculated margin to the Commission if issuance of the order. The data supplied margin based on the ‘‘all others’’ rate dumping margins increased after the by Hercules and those of the United from the investigation. (See section issuance of the order. (See section II.B.2 States Census Bureau IM146s and the II.B.1 of the Sunset Policy Bulletin.) of the Sunset Policy Bulletin.) Absent Commission indicate that, during 1990s, Exceptions to this policy include the argument and evidence to the contrary, the import volumes of the subject use of a more recently calculated the Department sees no reason to change merchandise have shown an increasing margin, where appropriate, and its practice as articulated in the Sunset 5 trend. Specifically, between 1994 and consideration of duty absorption Policy Bulletin of selecting a more 1998, the Commission’s data show a determinations. (See sections II.B.2 and recently calculated rate when increased rather substantial increase in the import 3 of the Sunset Policy Bulletin.) weighted-average dumping margins for volumes of the subject merchandise vis The Department, in its final a company coincide with its increased 6 a vis pre-order volumes. Therefore, the determination of sales at less-than-fair- market share of the subject Department determines that the import value, published a weighted-average merchandise. We will report to the volumes of the subject merchandise dumping margin for SNPE and all- increased or showed an increasing trend others of 1.38 percent.8 To date, the 9 In particular, during and after the period covered by the latest administrative review, in after the issuance of the order. Department has not issued any duty As indicated in section II.A.3 of the which the Department found substantially absorption findings in this case. increased dumping of the subject merchandise, Sunset Policy Bulletin, the SAA at 890, In its substantive response, while Bergerac’s market share increased rather and House Report at 63–64, the acknowledging that the Department significantly as well (inasmuch as the U.S. demand for the domestic like product has remained stable Department also considers whether normally will provide the Commission dumping continued at any level above during the relevant period, Bergerac’s increase in with the dumping margins from the the volume of exports of the subject merchandise de minimis after the issuance of the original investigation, Hercules argues is directly translated to the increase in Bergerac’s order. If companies continue to dump that, in the instant review, the market share). Also, in general, during the 1990’s, with the discipline of an order in place, Bergerac’s market share showed an increasing trend; this trend started after the Department’s the Department may reasonably infer 7 See footnote 3, supra. Although the weighted- fourth administrative review in which the average dumping margins of the subject Department found that Bergerac was dumping at 5 The import volumes of the subject merchandise merchandise decreased to zero or de minimis levels 4.39 percent rather than at the zero or de minimis during the 1990s are as follows (the order was in each of the first three administrative reviews levels, which the Department found during the first issued in August 1983; numbers are in metric tons): (from the original investigation margin of 1.38 three administrative reviews. 1990—188; 1991—306; 1992—788; 1993—1,633; percent to 0.17 percent in the first review, 0 percent 10 To support this, Hercules submitted its 1994—2,564; 1995—2,338; 1996—2,760; 1997— in the second review, and 0.07 percent in the third business manager’s sworn affidavit, in which the 4,377; 1998—3,883. These numbers correspond review), in the fourth review, the margin increased business manager indicated that Bergerac had not exactly with the Commission data. to 4.39 percent, and in the most recent, fifth, offered any price increase in its offers to customers 6 See footnote 5, supra. During 1994—1998, the review, the dumping margin increased to 13.35 since Bergerac’s antidumping margin increased average import volume of the subject merchandise percent. from 4.39 percent to 13.35 percent in September was 3,184.4 metric tons, which denotes a 36.58 8 See Final Determination of Sales at Less Than 1998. (See the July 1, 1999 Substantive Response of percent increase over the average of 1982 and 1983 Fair Value: Industrial Nitrocellulose from France, Hercules, attachment 4.) pre-order import levels (2,331.5 metric tons). 48 FR 21615 (May 13, 1983). 11 See footnote 6, supra.

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Commission the company-specific and The Applicable Statute ACTION: Notice of final results of all-others rate contained in the Final Unless otherwise indicated, all antidumping duty new shipper review. Results of Review section of this notice. citations to the statute are references to SUMMARY: On July 30, 1999, the Final Results of Review the provisions effective January 1, 1995, Department of Commerce (the As a result of this review, the the effective date of the amendments made to the Tariff Act of 1930 (the Act) Department) published the preliminary Department finds that revocation of the results of the new shipper review of the antidumping duty order would likely by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, antidumping duty order on lead to continuation or recurrence of polyethylene terephthalate film, sheet, dumping at the margins listed below: all citations to the Departments’s regulations are to the current and strip (PET film) from the Republic regulations, codified at 19 CFR part 351 of Korea (64 FR 41380). The review Margin covers one manufacturer/exporter of the Manufacturer/exporter (percent) (1999). subject merchandise to the United Bergerac, N.C...... 13.35 Background States and the period July 1, 1998 All Others ...... 1.38 On February 26, 1999, the Department through December 31, 1998. We gave of Commerce (the Department) received interested parties an opportunity to This notice serves as the only a request from Verson Division of Allied comment on the preliminary results. We reminder to parties subject to Products Corporation for an received no comments. administrative protective order (‘‘APO’’) administrative review of the We have determined that Hyosung of their responsibility concerning the antidumping duty order on mechanical Corporation (Hyosung) made no U.S. disposition of proprietary information transfer presses from Japan. On March sales below normal value, and we will disclosed under APO in accordance 19, 1999, the Department initiated this instruct the U.S. Customs Service to with 19 CFR 351.305 of the administrative review covering the assess no antidumping duties for Department’s regulations. Timely period of , 1998 through Hyosung for the period covered by this notification of return/destruction of , 1999 (64 FR 14860, new shipper review. APO materials or conversion to judicial published , 1999). EFFECTIVE DATE: protective order is hereby requested. October 27, 1999. Failure to comply with the regulations Extension of Time Limits for FOR FURTHER INFORMATION CONTACT: and the terms of an APO is a Preliminary Results Michael J. Heaney or Robert James, AD/ sanctionable violation. Because of the complexities CVD Enforcement Group III, Office 8, This five-year (‘‘sunset’’) review and enumerated in the Memorandum from Import Administration, International notice are in accordance with sections Joseph A. Spetrini to Robert S. LaRussa, Trade Administration, US Department 751(c), 752, and 777(i)(1) of the Act. Extension of Time Limit for the Commerce, 14th Street and Constitution Dated October 21, 1999. Administrative Review of Mechanical Avenue, N.W., Washington, D.C. 20230; Richard W. Moreland, Transfer Presses from Japan, dated telephone (202) 482–4475 or (202) 482– 5222. Acting Assistant Secretary for Import October 19, 1999, it is not practical to Administration. complete this review within the time APPLICABLE STATUTE: Unless otherwise [FR Doc. 99–28069 Filed 10–26–99; 8:45 am] limits mandated by section 751(a)(3)(A) indicated, all citations to the Tariff Act BILLING CODE 3510±DS±P of the Act. of 1930, as amended (the Act) are Therefore, in accordance with section references to the provisions effective 751(a)(3)(A) of the Act, the Department January 1, 1995, the effective date of the DEPARTMENT OF COMMERCE is extending the time limits for the amendments made to the Act by the preliminary results to , Uruguay Round Agreements Act. In International Trade Administration 2000. The final results continue to be addition, unless otherwise indicated, all [A±588±810] due 120 days after the publication of the citations to the Department’s regulations preliminary results. are to the regulations codified at 19 CFR Mechanical Transfer Presses From Dated: October 20,1999. Part 351 (1998). Japan: Extension of Time Limits for Richard O. Weible, SUPPLEMENTARY INFORMATION: Preliminary Results of Antidumping Acting Deputy Assistant Secretary for AD/ Administrative Review CVD Enforcement III. Background AGENCY: Import Administration, [FR Doc. 99–28059 Filed 10–26–99; 8:45 am] On December 28, 1998, the International Trade Administration, BILLING CODE 3510±DS±P Department received a request from Department of Commerce. Hyosung for a new shipper review pursuant to section 751(a)(2) of the Act ACTION: Notice of extension of time DEPARTMENT OF COMMERCE limits for preliminary results of and Section 351.214(b) of the administrative review. International Trade Administration Department’s regulations. On , 1999, we published the notice of EFFECTIVE DATE: October 27, 1999. initiation for this new shipper review [A±580±807] FOR FURTHER INFORMATION CONTACT: (64 FR 5030). On July 30, 1999, the Michael Strollo or Maureen Flannery, Polyethylene Terephthalate Film, Sheet Department published in the Federal AD/CVD Enforcement, Import and Strip From Korea: Final Results of Register the preliminary results of its Administration, International Trade Antidumping Duty New Shipper new shipper review of the antidumping Administration, U.S. Department of Review duty order on PET film from Korea. We Commerce, 14th Street and Constitution received no comments on our Avenue, NW., Washington DC 20230; AGENCY: Import Administration, preliminary results. The final results of telephone: (202) 482–5255 or (202) 482– International Trade Administration, this review are unchanged from those 3020, respectively. Department of Commerce. presented in our preliminary results.

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Scope of the Review will be that established for the antidumping administrative reviews, Imports covered by this review are manufacturer of the merchandise in the and termination of scope inquiry. shipments of all gauges of raw, final results of the most recent review or the LTFV investigation; and (4) If SUMMARY: In response to a request from pretreated, or primed polyethylene the petitioner, the American Chain terephthalate film, sheet, and strip, neither the exporter nor the manufacturer is a firm covered in this or Association (‘‘ACA’’), the Department of whether extruded or coextruded. The Commerce (‘‘the Department’’) is films excluded from this review are any previous review, the cash deposit rate will be 21.5%, the ‘‘all others’’ rate initiating a changed circumstances metallized films and other finished review and issuing this notice of films that have had at least one of their established in the LTFV investigation. This notice serves as the final preliminary changed circumstances surfaces modified by the application of review results and intent to revoke the a performance-enhancing resinous or reminder to importers of their responsibility under 19 CFR 351.402(f) antidumping finding on roller chain inorganic layer of more than 0.00001 from Japan. Moreover, because the inches (0.254 micrometers) thick. Roller to file a certificate regarding the reimbursement of antidumping duties petitioner is no longer interested in transport cleaning film which has at maintaining the finding after April 1, least one of its surfaces modified by the prior to liquidation of the relevant entries during this review period. 1997, we have preliminarily application of 0.5 micrometers of SBR determinated to revoke the finding latex has also been ruled as not within Failure to comply with this requirement could result in the Secretary’s retroactive to this date. In addition, in the scope of the order. response to the petitioner’s and PET film is currently classifiable presumption that reimbursement of antidumping duties occurred and the respondents’ withdrawal requests for under Harmonized Tariff Schedule the ongoing 1997–1998 and 1998–1999 (HTS) subheading 3920.62.00.00. The subsequent assessment of double antidumping duties. administrative reviews, the Department HTS subheading is provided for is rescinding these administrative convenience and for U.S. Customs This notice also serves as a reminder to parties subject to administrative reviews of the finding. Finally, we are purposes. The written description terminating a scope inquiry associated remains dispositive as to the scope of protective orders (APOs) of their responsibility concerning the with the 1997–1998 Sugiyama Chain the product coverage. Company, Ltd., administrative review. The review covers the period July 1, disposition of proprietary information 1998 through December 31, 1998. The disclosed under APO in accordance EFFECTIVE DATE: October 27, 1999. Department is conducting this review in with 19 CFR 351.305(a). Timely written FOR FURTHER INFORMATION CONTACT: Zev accordance with section 751(a)(2)(B) of notification of the return/destruction of Primor or Tom Futtner, AD/CVD the Act. APO materials or conversion to judicial Enforcement Group II, Office 4, Import protective order is hereby requested. Administration-Room B099, Final Results of Review Failure to comply with the regulations International Trade Administration, We determine that a margin of 0.00 and terms of an APO is a sanctionable U.S. Department of Commerce, 14th percent exists for Hyosung for the violation. Street and Constitution Avenue, NW, period July 1, 1998 through December This new shipper review and notice Washington, DC 20230; telephone (202) 31, 1998. We will disclose calculations are in accordance with section 482–4114 or (202) 482–3814, performed in connection with these 751(a)(2)(B) of the Act and 19 CFR respectively. final results of review within 5 days of 351.214(d). SUPPLEMENTARY INFORMATION: publication of this notice. Dated: October 20, 1999. The Applicable Statute and Regulations We will instruct the U.S. Customs Richard W. Moreland, Service not to assess antidumping Acting Assistant Secretary for Import Unless otherwise indicated, all duties on entries of the subject Administration. citations to the Tariff Act of 1930, as merchandise from Hyosung for the [FR Doc. 99–28057 Filed 10–26–99; 8:45 am] amended (‘‘the Act’’), are references to period of review. BILLING CODE 3510±DS±M the provisions effective January 1, 1995, Furthermore, the following deposit the effective date of the amendments requirements shall be required for all made to the Act by the Uruguay Round shipments of PET film from the DEPARTMENT OF COMMERCE Agreements Act (URAA). In addition, Republic of Korea entered, or unless otherwise indicated, all citations withdrawn from warehouse, for International Trade Administration to the Department’s regulations are to consumption on or after the publication the regulations codified at 19 CFR Part date of these final results of this new [A±588±028] 351 (April 1998). shipper review, as provided by section Background 751(a)(1) of the Act: (1) For Hyosung the Roller Chain, Other Than Bicycle From cash deposit will be zero; (2) For Japan: Initiation and Preliminary On October 13, 1999, the ACA merchandise exported by manufacturers Results of Changed Circumstances requested that the Department conduct or exporters not covered in this review Review and Intent To Revoke Finding, a changed circumstances review to but covered in the less-than-fair-value Rescission of Antidumping Duty revoke the antidumping finding on (LTFV) investigation or a previous Administrative Reviews, and roller chain from Japan retroactive to administrative review, the cash deposit Termination of Scope Inquiry April 1, 1997. The petitioner stated that will continue to be the most recent rate circumstances have changed such that published in the final determination or AGENCY: Import Administration, the petitioner no longer has an interest final results of review for which the International Trade Administration, in maintaining the antidumping finding. manufacturer or exporter received a Department of Commerce. Additionally, the petitioner indicated company-specific rate; (3) If the exporter ACTION: Notice of initiation and that it represents virtually all roller is not a firm covered in this review or preliminary results of changed chain producers in the United States the original investigation, but the circumstances review and intent to accounting for over 90 percent of the manufacturer is, the cash deposit rate revoke finding, rescission of U.S. roller chain production.

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The petitioner also requested that, subheading 7315.11.00 through interest dating back to April 1, 1997, we given the pendency of the ongoing 7619.90.00. Although the HTSUS have determined that expedited action administrative review of the finding, the subheadings are provided for is warranted, and have combined our Department initiate and complete the convenience and Customs purposes, the notices of initiation and preliminary changed circumstances review on an written description remains dispositive. results. Moreover, we have expedited basis. On March 24, 1998, the Department preliminarily determined that there are Futhermore, on October 13, 1999, the determined that certain models of silent changed circumstances sufficient to petitioner filed a withdrawal of its timing chain produced and exported by warrant revocation of the finding in request for administrative reviews Kaga for use in automobiles are outside whole. Consequently, we are hereby covering the periods of April 1, 1997, the scope of the antidumping finding. notifying the public of our intent to through , 1998, and April 1, (See Final Scope Ruling: Kaga’s Request revoke in whole the antidumping 1998, through March 31, 1999. Between for Scope Ruling on Automotive Silent finding on roller chain from Japan –18, 1999, Daido Kogyo Timing Chain, March 24, 1998, on file retroactive to April 1, 1997. Company, Ltd. Daido Tsusho Company, in the Central Records Unit (CRU) in If final revocation of the finding Ltd, Daido Corporation, Enuma Chain room B–099 of the Main Commerce occurs, we intend to instruct the Manufacturing Company, Sugiyama Building). Customs Service to end the suspension Chain Company, Ltd., Izumi Chain of liquidation and to refund any Initiation and Preliminary Results of Manufacturing Company, Ltd., Oriental estimated antidumping duties collected Changed Circumstances Review and Chain Company, R.K. Excel Company, for all unliquidated entries of roller Intent To Revoke Finding Ltd., and Tsubakimoto Chain Company, chain from Japan on or after April 1, Ltd., the respondents in this proceeding, Pursuant to section 751(d)(1) of the 1997, in accordance with 19 CFR also filed a withdrawal of their requests Act, the Department may revoke, in 351.222(g)(4). We will also instruct the for administrative reviews covering the whole or in part, an antidumping Customs Service to pay interest on such above-mentioned periods. Additionally, findings based on a review under refunds in accordance with section 778 Sugiyama Chain Company, Ltd., section 751(b) of the Act (i.e., changed of the Act. The current requirement for requested a termination of a scope circumstances review). Section 751(b)(1) a cash deposit of estimated antidumping inquiry associated with its 1997–1998 of the Act requires a changed duties will continue until publication of administrative review. Given that the circumstances review to be conducted the final results of this changed petitioner’s and respondents’ upon receipt of a request containing circumstances review. withdrawal and rescission requests were sufficient information concerning Rescission of Administrative Reviews filed after the 90-day period for changed circumstances. and Scope Inquiry withdrawing a request for a review, the The Department’s regulations at 19 parties asked the Department to exercise CFR 351.216(d) require the Department On October 13, 1999, and between its regulatory discretion under 19 CFR to conduct a changed circumstances October 14–18, 1999, respectively, the 351.213(d)(1) to rescind the above- review in accordance with 19 CFR petitioner and respondents withdrew mentioned reviews. 351.221, if the Department determines their requests for administrative reviews that there exist changed circumstances for the periods April 1, 1997, through Scope of Review sufficient to warrant a review. Section March 31, 1998 and April 1, 1998 The merchandise subject to this 782(h) of the Act and 19 CFR through March 31, 1999. These review is roller chain, other than 351.222(g)(10(i) provide further that the withdrawal requests cover all requests bicycle, from Japan. The term ‘‘roller Department may revoke a finding, in received for administrative reviews chain, other than bicycle,’’ as used in whole or in part, if it concludes that the during the 1997–1998 and 1998–1999 this review, includes chain, with or finding under review is no longer of review segments. In accordance with 19 without attachments, whether or not interest to producers accounting for CFR 351.213(d)(1), we are rescinding plated or coated, and whether or not substantially all of the production of the these reviews because the parties manufactured to American or British domestic like product. In addition, in withdrew their requests for reviews and standards, which is used for power the event that the Department concludes no other interested party requested that transmissions and/or conveyance. This that expedited action is warranted, 19 the Japanese respondents be reviewed. chain consists of a series of alternately- CFR 351.221(c)(3)(ii) permits the Although parties to the proceeding did assembled roller links and pin links in Department to combine the notices of not file their withdrawal requests within which the pins articulate inside from initiation and preliminary results. 90 days of the publication of initiation the bushings and the rollers are free to The ACA is a domestic interested of the requested review, we are turn on the bushings. Pins and bushings party as defined by section 771(9)(E) of exercising the Department’s discretion are press fit in their respective link the Act and 19 CFR 351.102(b) and was to rescind a review after 90 days plates. Chain may be single strand, the petitioner in the less-than-fair-value because it is reasonable to do so. In this having one row of roller link, or (‘‘LTFV’’) investigation of this case, the petitioner concomitantly has multiple strand of roller links. Such proceeding. Based on the ACA’s October filed a request for a changed chain may be either single or double 13, 1999, submission, we preliminarily circumstances review and revocation of pitch and may be used as power determine that the ACA represents the finding based on a lack of domestic transmission or conveyor chain. This producers accounting for substantially interest dating back to April 1, 1997, the review also covers leaf chain, which all of the production of the domestic month the requests were filed for the consists of a series of link plates like product. In light of the affirmative 1997–1998 administrative review. Given alternately assembled with pins in such statement by the ACA of no interest in the lack of domestic interest prior to the a way that the joint is free to articulate the continued application of the date of initiatives of the 1997–1998 between adjoining pitches. This review antidumping finding on roller chain review, we have determined that it is further covers chain model numbers 25 from Japan, we are initiating this reasonable to rescind both reviews and 35. Roller chain is currently changed circumstances review. Further, based on the petitioner’s and classified under the Harmonized Tariff based on the request by the petitioner respondents’ requests for terminations Schedule of the United States (HTSUS) and its affirmative statement of no of these reviews. Finally, we are

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57865 terminating a scope inquiry associated Docket Number: 99–023. Applicant: EFFECTIVE DATE: January 1, 2000. with the 1997–1998 administrative University of Vermont, Given Building, FOR FURTHER INFORMATION CONTACT: Roy review of Sugiyama Chain Company, Room E219, Burlington, VT 05405. Unger, International Trade Specialist, Ltd. Instrument: Microforge, Model MF–830. Office of Textiles and Apparel, U.S. Manufacturer: Narishige Scientific Public Comment Instrument Lab., Japan. Intended Use: Department of Commerce, (202) 482– 4212. For information on the quota Any interested party may request a The instrument is intended to be used for polishing glass microelectrodes status of these limits, refer to the Quota hearing within 10 days of publication of Status Reports posted on the bulletin this notice. Any hearing, if requested, during studies of the electrical properties of Dorsal Root Ganglion and boards of each Customs port, call (202) will be held no later than 28 days after 927–5850, or refer to the U.S. Customs the date of publication of this notice. other neuronal and non-neuronal tissues. Experiments are designed to website at http:// Written comments from interested www.customs.ustreas.gov. For parties may be submitted not later than characterize the difference between the sodium and potassium channel currents information on embargoes and quota re- 14 days after the date of publication of openings, call (202) 482–3715. this notice. Rebuttal comments to among experimental and control written comments, limited to issues animals. The objective of the studies is SUPPLEMENTARY INFORMATION: to find a correlation between the raised in those comments, may be filed Authority: Section 204 of the Agricultural not later than 21 days after the date of electrical properties and the properties Act of 1956, as amended (7 U.S.C. 1854); publication of this notice. All written of the inflamed bladder tissue. Executive Order 11651 of , 1972, as comments shall be submitted in Application accepted by Commissioner amended. accordance with 19 CFR 351.303. of Customs: September 30, 1999. Persons interested in attending the Docket Number: 99–024. Applicant: The import restraint limits for textile hearing should contact the Department University of Vermont, Given Building, products, produced or manufactured in for the date and time of the hearing. The Room E219, Burlington, VT 05405. Brazil and exported during the period Department will publish the final Instrument: Glass Microelectrode Puller, January 1, 2000 through December 31, results of this changed circumstances Model PP–830. Manufacturer: Narishige 2000 are based on limits notified to the review, including the results of its Scientific Instrument Lab., Japan. Textiles Monitoring Body pursuant to analysis of issues raised in any written Intended Use: The instrument is the Uruguay Round Agreement on comments. intended to be used to pull glass Textiles and Clothing (ATC). capillary tubes to a point fine enough to This notice is in accordance with In the letter published below, the allow one to seal a small piece of cell section 751(b)(1) of the Act and 19 CFR Chairman of CITA directs the membrane in the resulting microscopic 351.216 and 351.222. Commissioner of Customs to establish opening in studies of the electrical the 2000 limits. Dated: October 21, 1999. properties of Dorsal Root Ganglion and A description of the textile and Richard W. Moreland, other neuronal and non-neuronal apparel categories in terms of HTS Acting Assistant Secretary for Import tissues. Experiments are designed to numbers is available in the Administration. characterize the difference between the CORRELATION: Textile and Apparel [FR Doc. 99–28061 Filed 10–26–99; 8:45 am] sodium and potassium channel currents Categories with the Harmonized Tariff BILLING CODE 3510±DS±M among experimental and control Schedule of the United States (see animals. The objective of the studies is Federal Register notice 63 FR 71096, to find a correlation between the published on , 1998). DEPARTMENT OF COMMERCE electrical properties and the properties Information regarding the 2000 of the inflamed bladder tissue. CORRELATION will be published in the International Trade Administration Application accepted by Commissioner Federal Register at a later date. of Customs: September 30, 1999. Applications for Duty-Free Entry of Troy H. Cribb, Frank W. Creel, Scientific Instruments Chairman, Committee for the Implementation Director, Statutory Import Programs Staff. of Textile Agreements. Pursuant to Section 6(c) of the [FR Doc. 99–28060 Filed 10–26–99; 8:45 am] Committee for the Implementation of Textile Educational, Scientific and Cultural BILLING CODE 3510±DS±P Materials Importation Act of 1966 (Pub. Agreements L. 89–651; 80 Stat. 897; 15 CFR part October 21, 1999. 301), we invite comments on the COMMITTEE FOR THE Commissioner of Customs, question of whether instruments of IMPLEMENTATION OF TEXTILE Department of the Treasury, Washington, DC 20229. equivalent scientific value, for the AGREEMENTS purposes for which the instruments Dear Commissioner: Pursuant to section shown below are intended to be used, Announcement of Import Restraint 204 of the Agricultural Act of 1956, as Limits for Certain Cotton, Wool and amended (7 U.S.C. 1854); Executive Order are being manufactured in the United 11651 of March 3, 1972, as amended; and the States. Man-Made Fiber Textile Products Uruguay Round Agreement on Textiles and Comments must comply with 15 CFR Produced or Manufactured in the Clothing (ATC), you are directed to prohibit, 301.5(a)(3) and (4) of the regulations and Federative Republic of Brazil effective on January 1, 2000, entry into the be filed within 20 days with the United States for consumption and October 21, 1999. withdrawal from warehouse for consumption Statutory Import Programs Staff, U.S. AGENCY: Committee for the Department of Commerce, Washington, of cotton, wool and man-made fiber textile Implementation of Textile Agreements products in the following categories, D.C. 20230. Applications may be (CITA). produced or manufactured in Brazil and examined between 8:30 A.M. and 5:00 ACTION: Issuing a directive to the exported during the twelve-month period P.M. in Room 4211, U.S. Department of Commissioner of Customs establishing beginning on January 1, 2000 and extending Commerce, 14th Street and Constitution limits. through December 31, 2000, in excess of the Avenue, N.W., Washington, D.C. following levels of restraint:

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6 Twelve-month restraint Category 469pt.: all HTS numbers except Status Reports posted on the bulletin Category limit 5601.29.0020, 5603.94.1010 and 6406.10.9020. boards of each Customs port, call (202) 7 Category 659pt.: all HTS numbers except 927–5850, or refer to the U.S. Customs Aggregate Limit 6406.99.1510 and 6406.99.1540. website at http:// 200±227, 237, 591,553,474 square 8 Category 669±P: only HTS numbers www.customs.ustreas.gov. For 239pt. 1, 300±326, meters equivalent. 6305.32.0010, 6305.32.0020, 6305.33.0010, 331±348, 350± 6305.33.0020 and 6305.39.0000. information on embargoes and quota re- 352, 359pt. 2, 360± 9 Category 669pt.: all HTS numbers except openings, call (202) 482–3715. 363, 369±D 3, 6305.32.0010, 6305.32.0020, 6305.33.0010, 369pt. 4, 400±431, 6305.33.0020, 6305.39.0000 (Category 669± SUPPLEMENTARY INFORMATION: P); 5601.10.2000, 5601.22.0090, 433±438, 440± Authority: Section 204 of the Agricultural 5 5607.49.3000, 5607.50.4000 and 448, 459pt. , 464, 6406.10.9040. Act of 1956, as amended (7 U.S.C. 1854); 469pt. 6, 600±629, 10 Category 604±A: only HTS number Executive Order 11651 of March 3, 1972, as 631, 633±652, 5509.32.0000. amended. 659pt. 7, 666, 669± P 8, 669pt. 9 and The limits set forth above are subject to adjustment pursuant to the provisions of the The current limit for Category 438 is 670, as a group. being increased for swing, reducing the Sublevels within the ATC and administrative arrangements aggregate notified to the Textiles Monitoring Body. limit for Categories 645/646. Products in the above categories exported 218 ...... 7,350,735 square me- A description of the textile and during 1999 shall be charged to the ters. applicable category limits for that year (see apparel categories in terms of HTS 219 ...... 26,836,716 square directive dated , 1998) to the numbers is available in the meters. extent of any unfilled balances. In the event CORRELATION: Textile and Apparel 225 ...... 12,863,788 square the limits established for that period have Categories with the Harmonized Tariff meters. been exhausted by previous entries, such 300/301 ...... 9,969,289 kilograms. Schedule of the United States (see products shall be charged to the limits set 313 ...... 61,733,128 square Federal Register notice 63 FR 71096, forth in this directive. published on December 23, 1998). Also meters. The conversion factor for merged 314 ...... 10,107,264 square Categories 338/339/638/639 is 10 (square see 64 FR 6050, published on February meters. meters equivalent/category unit). 8, 1999. 315 ...... 30,321,791 square In carrying out the above directions, the D. Michael Hutchinson, meters. Commissioner of Customs should construe 317/326 ...... 27,565,262 square Acting Chairman, Committee for the entry into the United States for consumption Implementation of Textile Agreements. meters. to include entry for consumption into the 334/335 ...... 197,806 dozen. Commonwealth of Puerto Rico. Committee for the Implementation of Textile 336 ...... 109,894 dozen. The Committee for the Implementation of Agreements 338/339/638/639 ...... 1,978,068 dozen. Textile Agreements has determined that October 22, 1999. 342/642 ...... 582,430 dozen. these actions fall within the foreign affairs Commissioner of Customs, 347/348 ...... 1,428,604 dozen. exception of the rulemaking provisions of 5 350 ...... 221,635 dozen. U.S.C. 553(a)(1). Department of the Treasury, Washington, DC 361 ...... 1,494,539 numbers. Sincerely, 20229. 363 ...... 31,897,074 numbers. Troy H. Cribb, Dear Commissioner: This directive 369±D ...... 712,414 kilograms. Chairman, Committee for the Implementation amends, but does not cancel, the directive 410/624 ...... 14,701,474 square of Textile Agreements. issued to you on February 1, 1999, by the meters of which not Chairman, Committee for the Implementation [FR Doc. 99–28071 Filed 10–26–99; 8:45 am] more than 2,775,267 of Textile Agreements. That directive square meters shall BILLING CODE 3510±DR±F concerns imports of certain cotton, wool and be in Category 410. man-made fiber textile products, produced or 433 ...... 19,265 dozen. 445/446 ...... 75,470 dozen. COMMITTEE FOR THE manufactured in Cambodia and exported 604 ...... 697,850 kilograms of IMPLEMENTATION OF TEXTILE during the twelve-month period which began which not more than AGREEMENTS on January 1, 1999 and extends through 533,358 kilograms December 31, 1999. shall be in Category Adjustment of Import Limits for Certain Effective on October 27, 1999, you are 604±A 10. Wool and Man-Made Fiber Textile directed to adjust the current limits for the 607 ...... 6,480,040 kilograms. Products Produced or Manufactured in following categories, as provided for under 647/648 ...... 659,357 dozen. Cambodia the terms of the current bilateral textile 669±P ...... 2,374,718 kilograms. agreement between the Governments of the 1 Category 239pt.: only HTS number October 22, 1999. United States and Cambodia: 6209.20.5040 (diapers). AGENCY: Committee for the 2 Category 359pt.: all HTS numbers except Implementation of Textile Agreements Category Adjusted twelve-month 6406.99.1550. (CITA). limit 1 3 Category 369±D: only HTS numbers 6302.60.0010, 6302.91.0005 and ACTION: Issuing a directive to the 438 ...... 100,800 dozen. 6302.91.0045. Commissioner of Customs adjusting 645/646 ...... 170,049 dozen. 4 Category 369pt.: all HTS numbers except limits. 6302.60.0010, 6302.91.0005, 6302.91.0045 1 The limits have not been adjusted to ac- (Category 369±D); 5601.10.1000, EFFECTIVE DATE: October 27, 1999. count for any imports exported after December 5601.21.0090, 5701.90.1020, 5701.90.2020, 31, 1998. 5702.10.9020, 5702.39.2010, 5702.49.1020, FOR FURTHER INFORMATION CONTACT: Roy 5702.49.1080, 5702.59.1000, 5702.99.1010, Unger, International Trade Specialist, The Committee for the Implementation of 5702.99.1090, 5705.00.2020 and Office of Textiles and Apparel, U.S. Textile Agreements has determined that 6406.10.7700. 5 Category 459pt.: all HTS numbers except Department of Commerce, (202) 482– these actions fall within the foreign affairs 6405.20.6030, 6405.20.6060, 6405.20.6090, 4212. For information on the quota exception of the rulemaking provisions of 5 6406.99.1505 and 6406.99.1560. status of these limits, refer to the Quota U.S.C. 553(a)(1).

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Sincerely, CORRELATION will be published in the COMMITTEE FOR THE D. Michael Hutchinson, Federal Register at a later date. IMPLEMENTATION OF TEXTILE Acting Chairman, Committee for the Troy H. Cribb, AGREEMENTS Implementation of Textile Agreements. Chairman, Committee for the Implementation Announcement of Import Restraint [FR Doc. 99–28074 Filed 10–26–99; 8:45 am] of Textile Agreements. BILLING CODE 3510±DR±F Limits for Certain Cotton, Wool and Committee for the Implementation of Textile Man-Made Fiber Textile Products Agreements Produced or Manufactured in the Arab COMMITTEE FOR THE October 21, 1999. Republic of Egypt IMPLEMENTATION OF TEXTILE Commissioner of Customs, October 21, 1999. AGREEMENTS Department of the Treasury, Washington, DC 20229. AGENCY: Committee for the Implementation of Textile Agreements Announcement of Import Limits for Dear Commissioner: Pursuant to section Certain Cotton and Wool Textile 204 of the Agricultural Act of 1956, as (CITA). Products Produced or Manufactured in amended (7 U.S.C. 1854); Executive Order ACTION: Issuing a directive to the Colombia 11651 of March 3, 1972, as amended; and the Commissioner of Customs establishing Uruguay Round Agreement on Textiles and limits. October 21, 1999. Clothing (ATC), you are directed to prohibit, AGENCY: Committee for the effective on January 1, 2000, entry into the EFFECTIVE DATE: January 1, 2000. Implementation of Textile Agreements United States for consumption and FOR FURTHER INFORMATION CONTACT: Roy (CITA). withdrawal from warehouse for consumption Unger, International Trade Specialist, ACTION: Issuing a directive to the of cotton, wool and man-made fiber textile Office of Textiles and Apparel, U.S. Commissioner of Customs establishing products in the following categories, Department of Commerce, (202) 482– limits. produced or manufactured in Colombia and 4212. For information on the quota exported during the twelve-month period status of these limits, refer to the Quota EFFECTIVE DATE: January 1, 2000. beginning on January 1, 2000 and extending Status Reports posted on the bulletin through December 31, 2000, in excess of the boards of each Customs port, call (202) FOR FURTHER INFORMATION CONTACT: Roy following restraint limits: 927–5850, or refer to the U.S. Customs Unger, International Trade Specialist, website at http:// Office of Textiles and Apparel, U.S. Category Twelve-month limit www.customs.ustreas.gov. For Department of Commerce, (202) 482– information on embargoes and quota re- 4212. For information on the quota 315 ...... 28,425,533 square meters. openings, call (202) 482–3715. status of these limits, refer to the Quota 443 ...... 131,889 numbers. Status Reports posted on the bulletin SUPPLEMENTARY INFORMATION: boards of each Customs port, call (202) The limits set forth above are subject to Authority: Section 204 of the Agricultural 927–5850, or refer to the U.S. Customs adjustment pursuant to the provisions of the Act of 1956, as amended (7 U.S.C. 1854); website at http:// ATC and administrative arrangements Executive Order 11651 of March 3, 1972, as www.customs.ustreas.gov. For notified to the Textiles Monitoring Body. amended. information on embargoes and quota re- Products in the above categories exported The import restraint limits for textile openings, call (202) 482–3715. during 1999 shall be charged to the products, produced or manufactured in applicable category limits for that year (see Egypt and exported during the period SUPPLEMENTARY INFORMATION: directive dated , 1998) to the January 1, 2000 through December 31, Authority: Section 204 of the Agricultural extent of any unfilled balances. In the event 2000 are based on limits notified to the Act of 1956, as amended (7 U.S.C. 1854); the limits established for that period have Textiles Monitoring Body pursuant to Executive Order 11651 of March 3, 1972, as been exhausted by previous entries, such the Uruguay Round Agreement on amended. products shall be charged to the limits set Textiles and Clothing (ATC). forth in this directive. The import restraint limits for textile In the letter published below, the In carrying out the above directions, the products, produced or manufactured in Chairman of CITA directs the Commissioner of Customs should construe Colombia and exported during the Commissioner of Customs to establish entry into the United States for consumption period January 1, 2000 through the 2000 limits. to include entry for consumption into the A description of the textile and December 31, 2000 are based on limits Commonwealth of Puerto Rico. notified to the Textiles Monitoring Body The Committee for the Implementation of apparel categories in terms of HTS pursuant to the Uruguay Round Textile Agreements has determined that numbers is available in the Agreement on Textiles and Clothing these actions fall within the foreign affairs CORRELATION: Textile and Apparel (ATC). exception of the rulemaking provisions of Categories with the Harmonized Tariff In the letter published below, the U.S.C.553(a)(1). Schedule of the United States (see Chairman of CITA directs the Sincerely, Federal Register notice 63 FR 71096, published on December 23, 1998). Commissioner of Customs to establish Troy H. Cribb, the 2000 limits. Information regarding the 2000 Chairman, Committee for the Implementation CORRELATION will be published in the A description of the textile and of Textile Agreements. Federal Register at a later date. apparel categories in terms of HTS [FR Doc.99–28072 Filed 10–26–99; 8:45 am] Troy H. Cribb, numbers is available in the BILLING CODE 3510±DR±F CORRELATION: Textile and Apparel Chairman, Committee for the Implementation Categories with the Harmonized Tariff of Textile Agreements. Schedule of the United States (see Committee for the Implementation of Textile Federal Register notice 63 FR 71096, Agreements published on December 23, 1998). October 21, 1999. Information regarding the 2000 Commissioner of Customs,

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Department of the Treasury, Washington, DC 6 Category 369±S: only HTS number The import restraint limits for textile 20229. 6307.10.2005. products, produced or manufactured in Dear Commissioner: Pursuant to section The limits set forth above are subject to Uruguay and exported during the period 204 of the Agricultural Act of 1956, as adjustment pursuant to the provisions of the January 1, 2000 through December 31, amended (7 U.S.C. 1854); Executive Order ATC and administrative arrangements 2000 are based on limits notified to the 11651 of March 3, 1972, as amended; and the notified to the Textiles Monitoring Body. Uruguay Round Agreement on Textiles and Products in the above categories exported Textiles Monitoring Body pursuant to Clothing (ATC), you are directed to prohibit, during 1999 shall be charged to the the Uruguay Round Agreement on effective on January 1, 2000, entry into the applicable category limits for that year (see Textiles and Clothing (ATC). United States for consumption and directive dated October 1, 1998) to the extent withdrawal from warehouse for consumption In the letter published below, the of any unfilled balances. In the event the Chairman of CITA directs the of cotton, wool and man-made fiber textile limits established for that period have been products in the following categories, exhausted by previous entries, such products Commissioner of Customs to establish produced or manufactured in Egypt and shall be charged to the limits set forth in this the 2000 limits. exported during the twelve-month period directive. A description of the textile and beginning on January 1, 2000 and extending In carrying out the above directions, the through December 31, 2000, in excess of the apparel categories in terms of HTS Commissioner of Customs should construe following levels of restraint: entry into the United States for consumption numbers is available in the to include entry for consumption into the CORRELATION: Textile and Apparel Twelve-month restraint Commonwealth of Puerto Rico. Categories with the Harmonized Tariff Category limit The Committee for the Implementation of Schedule of the United States (see Fabric Group Textile Agreements has determined that Federal Register notice 63 FR 71096, 218±220, 224± 130,768,460 square these actions fall within the foreign affairs published on December 23, 1998). 227, 313±O 1, meters. exception of the rulemaking provisions of 5 Information regarding the 2000 U.S.C. 553(a)(1). 314±O 2, 315± CORRELATION will be published in the 3 4 Sincerely, O , 317±O Federal Register at a later date. and 326±O 5, as Troy H. Cribb, a group. Chairman, Committee for the Implementation Troy H. Cribb, Sublevels within of Textile Agreements. Chairman, Committee for the Implementation Fabric Group [FR Doc. 99–28070 Filed 10–26–99; 8:45 am] of Textile Agreements. 218 ...... 2,508,000 square me- ters. BILLING CODE 3510±DR±F Committee for the Implementation of Textile 219 ...... 30,766,900 square Agreements meters. October 21, 1999. COMMITTEE FOR THE 220 ...... 30,766,900 square Commissioner of Customs, meters. IMPLEMENTATION OF TEXTILE Department of the Treasury, Washington, DC 224 ...... 30,766,900 square AGREEMENTS 20229. meters. 225 ...... 30,766,900 square Announcement of Import Restraint Dear Commissioner: Pursuant to section meters. Limits for Certain Cotton and Wool 204 of the Agricultural Act of 1956, as 226 ...... 30,766,900 square Textile Products Produced or amended (7 U.S.C. 1854); Executive Order meters. Manufactured in the Republic of 11651 of March 3, 1972, as amended; and the 227 ...... 30,766,900 square Uruguay Uruguay Round Agreement on Textiles and meters. Clothing (ATC), you are directed to prohibit, 313±O ...... 56,496,844 square October 21, 1999. effective on January 1, 2000, entry into the meters. 314±O ...... 30,766,900 square AGENCY: Committee for the United States for consumption and meters. Implementation of Textile Agreements withdrawal from warehouse for consumption 315±O ...... 36,129,848 square (CITA). of cotton and wool textile products in the following categories, produced or meters. ACTION: Issuing a directive to the 317±O ...... 30,766,900 square manufactured in Uruguay and exported Commissioner of Customs establishing meters. during the twelve-month period beginning on limits. 326±O ...... 2,508,000 square me- January 1, 2000 and extending through ters. December 31, 2000, in excess of the following EFFECTIVE DATE: January 1, 2000. Levels not in a group levels of restraint: 300/301 ...... 12,157,140 kilograms FOR FURTHER INFORMATION CONTACT: Roy of which not more Unger, International Trade Specialist, Twelve-month restraint than 3,812,906 kilo- Office of Textiles and Apparel, U.S. Category limit grams shall be in Department of Commerce, (202) 482– Category 301. 334 ...... 185,605 dozen. 338/339 ...... 3,427,555 dozen. 4212. For information on the quota 335 ...... 159,779 dozen. 340/640 ...... 1,419,988 dozen. status of these limits, refer to the Quota 369±S 6 ...... 1,798,146 kilograms. Status Reports posted on the bulletin 410 ...... 2,997,371 square me- 448 ...... 19,762 dozen. boards of each Customs port, call (202) ters of which not 927–5850, or refer to the U.S. Customs more than 1,712,786 1 Category 313±O: all HTS numbers except square meters shall 5208.52.3035, 5208.52.4035 and website at http:// be in Category 410± 5209.51.6032. www.customs.ustreas.gov. For A 1 and not more 2 Category 314±O: all HTS numbers except information on embargoes and quota re- than 2,759,482 5209.51.6015. openings, call (202) 482–3715. 3 Category 315±O: all HTS numbers except square meters shall be in Category 410± 5208.52.4055. SUPPLEMENTARY INFORMATION: 4 Category 317±O: all HTS numbers except B 2. 5208.59.2085. Authority: Section 204 of the Agricultural 433 ...... 17,898 dozen. 5 Category 326±O: all HTS numbers except Act of 1956, as amended (7 U.S.C. 1854); 434 ...... 26,701 dozen. 5208.59.2015, 5209.59.0015 and Executive Order 11651 of March 3, 1972, as 435 ...... 53,926 dozen. 5211.59.0015. amended.

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reuse of K.I. Sawyer AFB, Michigan. DEPARTMENT OF ENERGY Category Twelve-month restraint limit The decisions included in the SROD were made in consideration of, but not Environmental Management Site- 442 ...... 38,147 dozen. limited to, the information contained in Specific Advisory Board, Savannah 1 Category 410±A: only HTS numbers the Final Environmental Impact River 5111.11.3000, 5111.11.7030, 5111.11.7060, Statement (FEIS) for the disposal and 5111.19.2000, 5111.19.6020, 5111.19.6040, AGENCY: Department of Energy. reuse of K.I. Sawyer AFB, filed with the 5111.19.6060, 5111.19.6080, 5111.20.9000, ACTION: Notice of open meeting. 5111.30.9000, 5111.90.3000, 5111.90.9000, Environmental Protection Agency and 5212.11.1010, 5212.12.1010, 5212.13.1010, made available to the public on SUMMARY: This notice announces a 5212.14.1010, 5212.15.1010, 5212.21.1010, 5212.22.1010, 5212.23.1010, 5212.24.1010, February 15, 1996. meeting of the Environmental 5212.25.1010, 5311.00.2000, 5407.91.0510, K.I. Sawyer AFB closed on September Management Site-Specific Advisory 5407.92.0510, 5407.93.0510, 5407.94.0510, 30, 1995, pursuant to the Defense Base Board (EM SSAB), Savannah River. 5408.31.0510, 5408.32.0510, 5408.33.0510, Federal Advisory Committee Act (Pub. 5408.34.0510, 5515.13.0510, 5515.22.0510, Closure and Realignment Act of 1990 5515.92.0510, 5516.31.0510, 5516.32.0510, (10 U.S.C. 2687 note) and the L. 92–463, 86 Stat. 770) requires that public notice of these meetings be 5516.33.0510, 5516.34.0510 and recommendations of the Defense Base 6301.20.0020. announced in the Federal Register. 2 Category 410±B: only HTS numbers Closure and Realignment Commission. DATES: 5007.10.6030, 5007.90.6030, 5112.11.2030, The FEIS analyzed potential Monday, November 15, 1999: 5112.11.2060, 5112.19.9010, 5112.19.9020, environmental impacts of the Air 4:00 p.m–9:00 p.m.; Tuesday, November 5112.19.9030, 5112.19.9040, 5112.19.9050, 16, 1999: 8:30 a.m.–4:00 p.m. 5112.19.9060, 5112.20.3000, 5112.30.3000, Force’s disposal options by portraying a ADDRESSES: 5112.90.3000, 5112.90.9010, 5112.90.9090, variety of potential land uses to cover a All meetings will be held at: 5212.11.1020, 5212.12.1020, 5212.13.1020, range of reasonably foreseeable future Sheraton Charleston Hotel, 170 5212.14.1020, 5212.15.1020, 5212.21.1020, uses of the property and facilities by Lockwood Boulevard, Charleston, SC 5212.22.1020, 5212.23.1020, 5212.24.1020, 29403. 5212.25.1020, 5309.21.2000, 5309.29.2000, others. FOR FURTHER INFORMATION CONTACT: 5407.91.0520, 5407.92.0520, 5407.93.0520, The Air Force issued a ROD on April 5407.94.0520, 5408.31.0520, 5408.32.0520, Gerri Flemming, Office of 5408.33.0520, 5408.34.0520, 5515.13.0520, 12, 1996, which documented a series of Environmental Quality, Department of 5515.22.0520, 5515.92.0520, 5516.31.0520, decisions regarding the intended Energy Savannah River Operations 5516.32.0520, 5516.33.0520 and disposal of Government-owned property 5516.34.0520. Office, P.O. Box A, Aiken, SC 29802 for both public airport and economic (803) 725–5374. The limits set forth above are subject to development use, together with the SUPPLEMENTARY INFORMATION: adjustment pursuant to the provisions of the intended termination of certain leases of ATC and administrative arrangements Purpose of the Board: The purpose of notified to the Textiles Monitoring Body. improved real property with the County the Board is to make recommendations Products in the above categories exported of Marquette, and the disposal of base to DOE and its regulators in the areas of during 1999 shall be charged to the utilities. environmental restoration, waste applicable category limits for that year (see The SROD modifies certain decisions management and related activities. directive dated October 14, 1998) to the extent of any unfilled balances. In the event made in the ROD, thus completing the Tentative Agenda the limits established for that period have disposal decisions for K.I. Sawyer AFB. been exhausted by previous entries, such Specifically, in the SROD the Air Force, Monday, November 15, 1999 products shall be charged to the limits set in consultation with Marquette County, 4:00 p.m. Outreach Subcommittee forth in this directive. modified the Airport Public Benefit 6:30 p.m. Public Comment Session In carrying out the above directions, the Commissioner of Customs should construe Transfer, and Economic Development 7:00 p.m. Subcommittee Meetings entry into the United States for consumption Conveyance property boundaries and 9:00 p.m. Adjourn to include entry for consumption into the simplified the K.I. Sawyer parcel Tuesday, November 16, 1999 Commonwealth of Puerto Rico. disposal map. The Committee for the Implementation of 8:30 a.m. Textile Agreements has determined that The implementation of these Approval of Minutes, Agency Updates these actions fall within the foreign affairs conversion activities and associated (approximately 15 minutes) exception of the rulemaking provisions of 5 mitigation measures will proceed with Public Comment Session (5-minute U.S.C. 553(a)(1). minimal adverse impact to the rule, approximately 10 minutes) Sincerely, environment. This action conforms with Facilitator Update (approximately 15 Troy H. Cribb, applicable Feeder, State and Local minutes) Chairman, Committee for the Implementation statutes and regulations, and all SRS and Criticality Issues of Textile Agreements. reasonable and practical efforts have (approximately 30 minutes) [FR Doc. 99–28073 Filed 10–26–99; 8:45 am] been incorporated to minimize harm to Medical University of South Carolina BILLING CODE 3510±DR±F the local public and the environment. Cancer Registry Update Any questions regarding this matter (approximately 30 minutes) should be directed to Mr. Paul Environmental Restoration and Waste DEPARTMENT OF DEFENSE MacPherson at 703–696–5569. Management Subcommittee Report 1 Correspondence should be sent to (approximately 1 ⁄2 hours) Department of the Air Force Public Comment (approximately 10 AFBCA/DB, 1700 North Moore Street, minutes) Record of Decision (ROD) for the Suite 2300, Arlington, VA 22209–2802. 12:00 p.m. Disposal and Reuse of K.I. Sawyer Air Janet A. Long, Force Base (AFB), Michigan Lunch Break Air Force Federal Register Liaison Officer. Environmental Restoration and Waste On September 16, 1999, the Air Force [FR Doc. 99–28053 Filed 10–26–99; 8:45 am] Management Subcommittee Report issued the Supplemental Record of BILLING CODE 5001±05±P continued (approximately 45 Decision (SROD) for the disposal and minutes)

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Nuclear Materials Management DEPARTMENT OF ENERGY rims.htm (call 202–208–2222 for Subcommittee Report assistance). (approximately 1 hour) Federal Energy Regulatory David P. Boergers, Risk Management and Future Use Commission Secretary. Subcommittee Report [FR Doc. 99–28021 Filed 10–26–99; 8:45 am] (approximately 20 minutes) [Docket No. TM00±2±23±000] BILLING CODE 6717±01±M Administrative Subcommittee Report Eastern Shore Natural Gas Company; (approximately 20 minutes) Notice of Proposed Changes in FERC DEPARTMENT OF ENERGY Proposal to Amend By-Laws Gas Tariff Federal Energy Regulatory Outreach Subcommittee Report October 21, 1999. Commission (approximately 10 minutes) Public Comments (approximately 10 Take notice that Eastern Shore [Docket No. RP00±27±000] minutes) Natural Gas Company (ESNG) tendered for filing on October 12, 1999 certain KN Interstate Gas Transmission Co.; 4:00 p.m. revised tariff sheets in the above Notice of Tariff Filing Adjourn captioned docket as part of its FERC Gas Tariff, Second Revised Volume No. 1, October 21, 1999. If needed, time will be allotted after bear a proposed effective date of Take notice that on October 15, 1999, public comments for items added to the , 1999. KN Wattenberg Transmission LLC agenda, and administrative details. A (KNW) tendered for filing Tariff Sheet(s) final agenda will be available at the The purpose of this instant filing is to of its FERC Gas Tariff, First Revised meeting, Monday, November 15, 1999. track rate changes attributable to a Volume No. 1 KNW is submitting this storage service purchased from Public Participation: The meeting is filing in order to incorporate a back up Columbia Gas Transmission Corporation open to the public. Written statements for determination of the index prices for (Columbia) under its Rate Schedules may be filed with the Committee either the imbalance cash out mechanism. SST and FSS. The costs of the above before or after the meeting. Individuals referenced storage service comprise the First Revised Volume No. 1 who wish to make oral statements rates and charges payable under ESNG’s First Revised Sheet No. 18 pertaining to agenda items should Rate Schedules SST and FSS. This Original Sheet No. 18A contact Gerri Flemming’s office at the Original Sheet No. 31A address or telephone number listed tracking filing is being made pursuant to above. Requests must be received 5 days Section 3 of ESNG’s Rate Schedule KNW states that copies of this filing prior to the meeting and reasonable CFSS. have been served upon all affected firm provision will be made to include the ESNG states that copies of the filing customers of KNW and applicable state presentation in the agenda. The Deputy have been served upon its jurisdictional agencies. Designated Federal Official is customers and interested State Any person desiring to be heard or to empowered to conduct the meeting in a Commissions. protest said filing should file a motion fashion that will facilitate the orderly to intervene or a protest with the Copies of this filing are on file with Federal Energy Regulatory Commission, conduct of business. Each individual the Commission and are available for wishing to make public comment will 888 First Street, N.E., Washington, D.C. public inspection. be provided a maximum of 5 minutes to 20426, in accordance with Sections present their comments. Any person desiring to be heard or to 385.214 or 385.211 of the Commission’s protest said filing should file a motion Rules and Regulations. All such motions Minutes: The minutes of this meeting to intervene or a protest with the or protests must be filed in accordance will be available for public review and Federal Energy Regulatory Commission, with Section 154.210 of the copying at the Freedom of Information 888 first Street, NE., Washington, DC Commission’s Regulations. Protests will Public Reading Room, 1E–190, Forrestal 20426, in accordance with Sections be considered by the Commission in Building, 1000 Independence Avenue, 385.214 or 385.211 of the Commission’s determining the appropriate action to be SW, Washington, DC 20585 between taken, but will not serve to make 9:00 a.m. and 4 p.m., Monday–Friday Rules and Regulations. All such motions or protests must be filed in accordance protestants parties to the proceedings. except Federal holidays. Minutes will Any person wishing to become a party also be available by writing to Gerri with Section 154.210 of the Commission’s Regulations. Protests will must file a motion to intervene. Copies Flemming, Department of Energy of this filing are on file with the Savannah River Operations Office, P.O. be considered by the Commission in determining the appropriate action to be Commission and are available for public Box A, Aiken, S.C. 29802, or by calling inspection in the Public Reference (803)–725–5374. taken, but will not serve to make protestants parties to the proceedings. Room. This filing maybe viewed on the Issued at Washington, DC, on October 21, Any person wishing to become a party web at http://www.ferc.fed.us/online/ 1999. must file a motion to intervene. Copies rims.htm (call 202–208–2222 for Rachel M. Samuel, of this filing are on file with the assistance). Deputy Advisory Committee Management Commission and are available for public David P. Boergers, Officer. inspection in the Public Reference Secretary. [FR Doc. 99–28032 Filed 10–26–99; 8:45 am] Room. This filing my be viewed on the [FR Doc. 99–28025 Filed 10–26–99; 8:45 am] BILLING CODE 6450±01±P web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY rims.htm (call 202–208–2222 for online.rims.htm (call 202–208–2222 for assistance). assistance.) Federal Energy Regulatory David P. Boergers, David P. Boergers, Commission Secretary Secretary. [FR Doc. 99–28026 Filed 10–26–99; 8:45 am] [FR Doc. 99–28027 Filed 10–26–99; 8:45 am] [Docket No. RP00±25±000] BILLING CODE 6717±01±M BILLING CODE 6717±01±M Natural Gas Pipeline Company of America, K N Interstate Gas DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Transmission Co., K N Wattenberg Transmission Limited, Liability Federal Energy Regulatory Federal Energy Regulatory Company, Caprock Pipeline Company, Commission Commission Canyon Creek Compression Company, Stingray Pipeline Company, Trailblazer [Docket No. RP99±176±009] [Docket No. RP99±494±002] Pipeline Company, and TCP Gathering Natural Gas Pipeline Company of Company; Notice of Petition for Waiver Northwest Pipeline Corporation; Notice America; Notice of Proposed Change of Compliance Filing October 21, 1999. in FERC Gas Tariff October 21, 1999. Take notice that on October 13, 1999, October 21, 1999. Natural Gas Pipeline Company of Take notice that on October 13, 1999, Take notice that on October 15, 1999, America (Natural), K N Interstate Gas Natural Gas Pipeline Company of Northwest Pipeline Corporation Transmission Co., K N Wattenberg America (Natural) tendered for filing (Northwest) tendered for filing as part of Transmission Limited Liability Original Sheet No. 26B to be a part of its FERC Gas Tariff, Third Revised Company, Caprock Pipline Company, its FERC Gas Tariff, Sixth Revised Volume No. 1, Substitute Second TCP Gathering Co., Canyon Creek Volume No. 1, to be effective October Revised Sheet No. 63, to become Compression Company, Stingray 12, 1999. effective October 1, 1999. Pipeline Company and Trailblazer Natural states that the purpose of this Northwest states that the purpose of Pipeline Company (collectively filing is to implement a Negotiated Rate this filing is to comply with the Order Petitioners) filed a petition for limited transaction with MidAmerican Energy Accepting Tariff Sheets, Subject to waiver of the Commission’s Regulations Company under Rate Schedule FTS Conditions issued September 30, 1999 and the nomination procedures set forth pursuant to Section 49 of the General in Docket Nos. RP99–494–000 and in their respective Tariffs in order to Terms and Conditions (GT&C) of RP99–494–001 (Order). Northwest states waive certain nomination cycles during Natural’s tariff. that it has revised the basis for the Y2K rollover period. Petitioners Natural requested waiver of the scheduling interruptible injection and request waiver of such provision in Federal Energy Regulatory withdrawal nominations in Rate order to minimize business disruptions Commission’s (Commission) Schedule SGS–2I to utilize a price-based and promote stability of their regular Regulations, including the 30-day notice priority for scheduling. business transactions on and after requirement of Section 154.207, to the Northwest states that a copy of this January 1, 2000. extent necessary to permit Original filing has been served upon each person Sheet No. 26B to become effective Petitioners state that copies of the designated on the official service list October 12, 1999. Natural also requested compiled by the Secretary in this filing have been mailed to all of the waiver of Section 49.1(e) of the GT&C of proceeding. shippers and interested state its Tariff to the extent that this filing is commissions. submitted one (1) day late. Any person desiring to protest this filing should file a protest with the Any person desiring to be heard or to Natural states that copies of the filing Federal Energy Regulatory Commission, are being mailed to its customers, protest said filing should file a motion 888 First Street, N.E., Washington, D.C. interested state regulatory commissions to intervene or a protest with the 20426, in accordance with Section and all parties set out on the official Federal Energy Regulatory Commission, 385.211 of the Commission’s Rules and service list at Docket No. RP99–176. 888 First Street, N.E., Washington, D.C. Regulations. All such protests must be 20426, in accordance with Sections Any person desiring to protest this filed as provided in Section 154.210 of 385.214 or 385.211 of the Commission’s filing should file a protest with the the Commission’s Regulations. Protests Rules and Regulations. All such motions Federal Energy Regulatory Commission, will be considered by the Commission or protests must be filed in accordance 888 First Street, NE., Washington, DC in determining the appropriate action to with Section 154.210 of the 20426, in accordance with Section be taken, but will not serve to make Commission’s Regulations. Protests will 385.211 of the Commission’s Rules and protestants parties to the proceedings. be considered by the Commission in Regulations. All such protests must be Copies of this filing are on file with the determining the appropriate action to be filed as provided in Section 154.210 of Commission and are available for public taken, but will not serve to make the Commission’s Regulations. Protests inspection in the Public Reference will be considered by the Commission protestants parties to the proceedings. Room. This filing may be viewed on the in determining the appropriate action to Any person wishing to become a party web at http://www.ferc.fed.us/online/ be taken, but will not serve to make must file a motion to intervene. Copies rims.htm (call 202–208–2222 for protestants parties to the proceedings. assistance). of this filing are on file with the Copies of this filing are on file with the Commission and are available for public Commission and are available for public David P. Boergers, inspection in the Public Reference inspection in the Public Reference Secretary. Room. This filing may be viewed on the Room. This filing may be viewed on the [FR Doc. 99–28023 Filed 10–26–99; 8:45 am] web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/ BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY • Consolidate into a new Section 37, rims.htm (call 202–209–2222 for ‘‘Cash Out provisions’’, in the General assistance). Federal Energy Regulatory Terms and Conditions of its tariff the David P. Boergers, Commission imbalance ‘‘cash out’’ provisions set Secretary. [Project No. 1981±010] forth in its firm and interruptible rate [FR Doc. 99–28022 Filed 10–26–99; 8:45 am] schedules and include in those rate BILLING CODE 6717±01±M Oconto Electric Cooperative; Notice of schedules a reference to the terms of the Meeting new Section 37; • DEPARTMENT OF ENERGY October 21, 1999. Substitute Gas Daily in place of On , 1999, the Federal Natural Gas Week as the source Federal Energy Regulatory Energy Regulatory Commission staff publication for the spot price indices Commission will meet with Oconto Electric and to establish a Reference Spot Price [Docket No. RP99±45±002] Cooperative and agency representatives and monthly Average Spot Price for to discuss project-related issues each zone to be used to determine the Williams Gas Pipelines Central, Inc.; concerning the Stiles Hydroelectric Reference Sport ‘‘Buy’’ or ‘‘Sell’’ and the Notice of Filing of Refund Report Project (Project No. 1981–010), which is Average Spot Price at which Transco located on the Oconto River near and buyers under the applicable rate October 21, 1999. Oconto Falls, in Oconto County, schedules will ‘‘cash out’’ imbalances; Take notice that on October 15, 1999, Wisconsin. The meeting will be from • Revise (i) the monthly Reference Williams Gas Pipelines Central, Inc. 9:00 a.m. to 3:00 p.m. The meeting will Spot ‘‘Buy’’ and ‘‘Sell’’ Price for each (Williams), tendered for filing its report be conducted at Oconto Electric one to use the average of the three (3) for refunds made on , Cooperative’s office, located at 7479 1999, under Docket No. RP99–451. Lowest or Highest Daily Midpoint REA Road, Oconto Falls, Wisconsin. Williams states that on , 1999, Prices, respectively, for that zone in the For more information about this as amended , 1999, it filed an meeting or the Stiles Hydroelectric month determined from Gas Daily, as interruptible excess refund report for Project, please contact: opposed to the currently used lowest the month of October 1993. By letter and highest weekly Reference Spot Price Patti Leppert-Slack, Federal Energy order issued , 1999, the for the month determined from Natural Regulatory Commission, 888 First Commission accepted the report and Gas Week, and (ii) the monthly Average Street, NE Room 72–33 Washington, directed refunds be made pursuant to DC 20426, (202) 219–2767, E-mail: Spot Price for each zone to use the the timetable provided in Article 12 of [email protected] simple arithmetic average of the Williams’ tariff. The order also directed Jan Stranz, Oconto Electric Cooperative, Midpoint Price for that zone in the Williams to file a refund report within 7479 REA Road, Oconto Falls, month from Gas Daily; and 30 days of the date the refund was Wisconsin, (920) 846–2816, E-mail: • Revise the imbalance tolerance made. Williams refunded approximately [email protected] level to one and one-half percent (1.5%) $1.3 million, including interest, on David P. Boergers, from two and one-half percent (2.5%), September 20, 1999. Williams states that a copy of its filing Secretary. to determine the application of the Weighted Average Spot Price in the was served on all participants listed on [FR Doc. 99–28028 Filed 10–26–99; 8:45 am] the service lists maintained by the ‘‘cash out’’ of imbalances for so-called BILLING CODE 6717±01±M Commission in the dockets referenced majority shippers. above and on all of Williams’ Transco states that its proposed tariff jurisdictional customers and interested DEPARTMENT OF ENERGY revisions are consistent with state commissions. Federal Energy Regulatory Commission policy. Any person desiring to protest this Commission Any person desiring to be heard or to filing should file a protest with the protest said filing should file a motion Federal Energy Regulatory Commission, [Docket No. RP00±4±000] to intervene or a protest with the 888 First Street, N.E., Washington, D.C. 20426, in accordance with Section Transcontinental Gas Pipe Line Federal Energy Regulatory Commission, 888 First Street, N.E. Washington, D.C. 385.211 of the Commission’s Rules and Corporation; Notice of Filing Regulations. All such protests must be 20426, in accordance with Sections filed as provided in Section 154.210 of October 21, 1999. 385.214 or 385.211 of the Commission’s Take notice that on October 13, 1999, the Commission’s Regulations. Protests Rules and Regulations. All such motions will be considered by the Commission Transcontinental Gas Pipe Line or protests must be filed in accordance Corporation tendered for filing certain in determining the appropriate action to with Section 154.210 of the be taken, but will not serve to make revised tariff sheets to its FERC Gas Commission’s Regulations. Protests will Tariff, Third Revised Volume No. 1, protestants parties to the proceedings. be considered by the Commission in Copies of this filing are on file with the which tariff sheets are enumerated in determining the appropriate action to be Appendix A attached thereto. The Commission and are available for public taken, but will not serve to make inspection in the Public Reference proposed effective date of the revised protestants parties to the proceedings. tariff sheets is December 1, 1999. Room. This filing may be viewed on the Any person wishing to become a party Transco states that the purpose of the web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies instant filing is to implement and rims.htm (call 202–208–2222 for modify the current imbalance ‘‘cash of this filing are on file with the assistance). out’’ provisions of Transco’s film and Commission and are available for public David P. Boergers, interruptible transportation rate inspection in the Public Reference Secretary. schedules. Specifically, Transco Room. This filing may be viewed on the [FR Doc. 99–28019 Filed 10–26–99; 8:45 am] proposes to: web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Phase II Facilities (1999) • About 5.6 miles of 24-inch-diameter Federal Energy Regulatory Federal Energy Regulatory pipeline in Weld County, Colorado; Commission Commission • One 7,170-hp compressor unit at its [Docket No. CP99±624±000] existing Douglas Compressor Station in [Project No. 6879±019] Converse County, Wyoming; and Wyoming Interstate Company, Ltd.; • One check meter at its existing Southeastern Hydro-Power, Inc.; Notice of Intent To Prepare an Cheyenne Compressor Station in Weld Notice of Availability of Environmental Environmental Assessment for the County, Colorado. Assessment Proposed Medicine Bow Lateral Phase The location of the project facilities is II Project and Request for Comments shown in appendix 2. October 21, 1999. on Environmental Issues Land Requirements for Construction In accordance with the National October 21, 1999. Environmental Policy Act of 1969 and Construction of the proposed facilities The staff of the Federal Energy would require about 61.3 acres of land. the Federal Energy Regulatory Regulatory Commission (FERC or Following construction, about 33.3 acres Commission’s (Commission’s) Commission) will prepare an would be maintained as permanent regulations, the Office of Hydropower environmental assessment (EA) that will right-of-way. The remaining 28 acres of Licensing has reviewed the application discuss the environmental impacts of land would be restored and allowed to requesting the Commission’s the Medicine bow Lateral Phase II revert to it former use. All construction authorization to amend the license for Project involving the construction and at WIC’s Douglas Compressor Station in the proposed W. Kerr Scott operation of natural gas transmission Converse County, Wyoming and its Hydroelectric Project, to be located on facilities by Wyoming Interstate Cheyenne Compressor Station in Weld the Yadkin River immediately below the Company, Ltd. (WIC) in Weld County, County, Colorado would occur within existing W. Kerr Scott Dam, operated by Colorado and Converse County, the existing sites. the Wilmington District Corps of Wyoming.1 These proposed facilities Engineers, in Wilkes County, North primarily consist of about 5.6 miles of The EA Process Carolina, and has prepared an 24-inch-diameter pipeline and 7,170 The National Environmental Policy Environmental Assessment (EA) for the horsepower (hp) of compression. This Act (NEPA) requires the Commission to EA will be used by the Commission in proposed action. take into account the environmental its decision-making process to impacts that could result from an action In the EA, Commission staff determine whether the project is in the whenever it considers the issuance of a concludes that approval of the subject public convenience and necessity. Certificate of Public Convenience and amendment of license with staff’s If you are a landowner receiving this Necessity. NEPA also requires us to recommended mitigative measures notice, you may be contacted by a discover and address concerns the would not produce any significant pipeline company representative about public may have about proposals. We adverse environmental impacts; the acquisition of an easement to call this ‘‘scoping’’. The main goal of the consequently, the proposal would not construct, operate, and maintain the scoping process is to focus the analysis constitute a major federal action proposed facilities. The pipeline in the EA on the important company would seek to negotiate a significantly affecting the quality of the environmental issues. By this Notice of mutually acceptable agreement. human environment. Intent, the Commission requests public However, if the project is approved by comments on the scope of the issues it Copies of the EA can be viewed at the the Commission, that approval conveys will address in the EA. All comments Commission’s Public Reference Room, with it the right of eminent domain. received are considered during the Room 2A, 888 First Street, N.E., Therefore, if easement negotiations fail preparation of the EA. State and local Washington, DC 20426, or by calling to produce an agreement, the pipeline government representatives are (202) 208–1371. The EA also may be company could initiate condemnation encouraged to notify their constituents viewed on the Web at www.ferc.fed.us/ proceedings in accordance with state of this proposed action and encourage online/rims.htm. Call (202) 208–2222 law. A fact sheet addressing a number them to comment on their areas of for assistance. of typically asked questions, including the use of eminent domain, is attached concern. For further information, please contact Jim The EA will discuss impacts that to this notice as appendix 1.2 Haimes at (202) 219–2780. could occur as a result of the David P. Boergers, Summary of the Proposed Project construction and operation of the Secretary. WIC wants to expand the capacity of proposed project under these general [FR Doc. 99–28024 Filed 10–26–99; 8:45 am] its facilities in Colorado and Wyoming headings: • geology and soils BILLING CODE 6717±01±M to transport an additional 120,000 • Decatherms per day of natural gas on water resources, fisheries, and the Medicine Bow Lateral. WIC seeks wetlands • vegetation and wildlife authority to construct and operate: • endangered and threatened species • 1 land use WIC’s application was filed with the • cultural resources Commission under Section 7 of the Natural Gas Act • and Part 157 of the Commission’s regulations. air quality and noise 2 The appendices referenced in this notice are not We will also evaluate possible being printed in the Federal Register. Copies are alternatives to the proposed project or available from the Commission’s Public Reference portions of the project, and make and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call (202) 208–1371. recommendations on how to lessen or Copies of the appendices were sent to all those avoid impacts on the various resource receiving this notice in the mail. areas.

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Our independent analysis of the file a motion to intervene according to Corp., 1145 Highbrook Street, Akron, issues will be in the EA. Depending on Rule 214 of the Commission’s Rules of Ohio 44301, (330) 535–7115 the comments received during the Practice and Procedure (18 CFR i. FERC Contact: Ed Lee (202) 219– scoping process, the EA may be 385.214) (see appendix 3). Only 2809 or E-mail address at published and mailed to Federal, state, intervenors have the right to seek [email protected]. and local agencies, public interest rehearing of the Commission’s decision. j. Deadline for filing motions to groups, interested individuals, affected You do not need intervenor status to intervene and protest: 60 days from the landowners, newspapers, libraries, and have your environmental comments issuance date of this notice. the Commission’s official service list for considered. Additional information All documents (original and eight this proceeding. A comment period will about the proposed project is available copies) should be filed with: David P. be allotted for review if the EA is from Mr. Paul McKee of the Boergers, Secretary, Federal Energy published. We will consider all Commission’s Office of External Affairs Regulatory Commission, 888 First comments on the EA before we make at (202) 208–1088 or on the FERC Street, NE, Washington, DC 20426. our recommendations to the website (www.ferc.fed.us) using the The Commission’s Rules of Practice Commission. ‘‘RIMS’’ link to information in this and Procedure require all intervenors To ensure your comments are docket number. Click on the ‘‘RIMS’’ filing documents with the Commission considered, please carefully follow the link, select ‘‘Docket #’’ from the RIMS to serve a copy of that document on instructions in the public participation Menu, and follow the instructions. For each person whose name appears on the section below. assistance with access to RIMS, the official service list for the project. Further, if an intervenor files comments Public Participation RIMS helpline can be reached at (202) 208–2222. or documents with the Commission You can make a difference by Similarly, the ‘‘CIPS’’ link on the relating to the merits of an issue that providing us with your specific FERC Internet website provides access may affect the responsibilities of a comments or concerns about the project. to the texts of formal documents issued particular resource agency, they must By becoming a commenter, your by the Commission, such as orders, also serve a copy of the document on concerns will be addressed in the EA notices, and rulemakings. From the that resource agency. and considered by the Commission. You FERC Internet website, click on the k. This application is not ready for should focus on the potential ‘‘CIPS’’ link, select ‘‘Docket #’’ from the environmental analysis at this time. l. Descrition of Project: The proposed environmental effects of the proposal, CIPS menu, and follow the instructions. project would utilize the existing U.S. alternatives to the proposal (including For assistance with access to CIPS, the Army Corps of Engineers’ Deer Creek alternative routes), and measures to CIPS helpline can be reached at (202) Dam and Reservoir, and would consist avoid or lessen environmental impact. 208–2474. The more specific your comments, the of the following facilities: (1) a new 90- David P. Boergers, foot-long and 5.5-foot-in-diameter steel more useful they will be. Please Secretary. carefully follow these instructions to penstock; (2) a new powerhouse to be [FR Doc. 99–28029 Filed 10–26–99; 8:45 am] ensure that your comments are received constructed on the downstream side of in time and properly recorded. BILLING CODE 6717±01±M the dam having an installed capacity of • Send two copies of your letter to: 800 kilowatts; (3) a new 300-foot-long, David P. Boergers, Secretary, Federal 14.7-kilovolt transmission line; and (4) DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 appurtenent facilities. The proposed average annual generation is estimated First St., NE, Room 1A, Washington, DC Federal Energy Regulatory to be 5 gigawatt-hours. The cost of the 20426; Commission • Label one copy of the comments for studies under the permit will not exceed the attention of the Environmental Notice of Application Accepted for $600,000. Review and Compliance Branch, PR– Filing and Soliciting Motions To m. Available Locations of 11.1; Intervene and Protests Application: A copy of the application • Reference Docket No. CP99–624– is available for inspection and 000; and October 21, 1999. reproduction at the Commission’s • Mail your comments so that they Take notice that the following Public Reference and File Maintenance will be received in Washington, DC on hydroelectric application has been filed Branch, located at 888 First Street, N.E., or before November 22, 1999. with the Commission and is available Room 2–A, Washington, D.C. 20426, or by calling (202) 219–1371. A copy is Becoming an Intervenor for public inspection: a. Type of Application: Preliminary also available for inspection and In addition to involvement in the EA Permit. reproduction at Universal Electric scoping process, you may want to b. Project No.: P–11821–000. Power Corp., Mr. Ronald S. become an official party to the c. Date filed: , 1999. Feltenberger, 1145 Highbrook Street, proceeding known as an ‘‘intervenor’’. d. Applicant: Universal Electric Akron, Ohio 44301, (330) 535–7115. A Intervenors play a more formal role in Power Corporation. copy of the application may also be the process. Among other things, e. Name of Project: Deer Creek Dam viewed or printed by accessing the intervenors have the right to receive Hydro Project. Commission’s website on the internet at copies of case-related Commission f. Location: At the existing U.S. Army http://www.ferc.fed.us/online/rims.htm documents and filings by other Corps of Engineers’ Deer Creek Dam and or call (202) 208–2222 for assistance. intervenors. Likewise, each intervenor Reservoir on Deer Creek, near the Town n. Individuals desiring to be included must provide 14 copies of its filings to of Williamsport, Pickaway County, on the Commission’s mailing list should the Secretary of the Commission and Ohio. so indicate by writing to the Secretary must send a copy of its filings to all g. Filed Pursuant to: Federal Power of the Commission. other parties on the Commission’s Act 16 U.S.C. §§ 791(a)–825(r). Preliminary Permit—Anyone desiring service list for this proceeding. If you h. Applicant Contact: Mr. Ronald S. to file a competing application for want to become an intervenor you must Feltenberger, Universal Electric Power preliminary permit for a proposed

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Filing and Service of Responsive on environmental and infrastructure Submission of a timely notice of intent Documents—Any filings must bear in issues and needs within the States allows an interested person to file the all capital letters the title contiguous to Mexico. The Board is competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT required to submit an annual report to application no later than 30 days after TO FILE COMPETING APPLICATION’’, the President and the Congress. The the specified comment date for the ‘‘COMPETING APPLICATION’’, Board has representatives from eight particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO U.S. Government agencies; the preliminary permit application must INTERVENE’’, as applicable, and the governments of the States of Arizona, conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular California, New Mexico and Texas; and Preliminary Permit—Any qualified application to which the filing refers. private organizations with expertise on development applicant desiring to file a Any of the above-named documents environmental and infrastructure competing development application must be filed by providing the original problems along the southwest border. must submit to the Commission, on or and the number of copies provided by The Board meets three times annually, before a specified comment date for the the Commission’s regulation to: The including an annual meeting with its particular application, either a Secretary, Federal Energy Regulatory Mexican counterpart, Region 1 of the competing development application or a Commission, 888 First Street, NE., Mexican National Advisory Council for notice of intent to file such an Washington, DC 20426. An additional Sustainable Development. The joint application. Submission of a timely copy must be sent to Director, Division meeting with Region 1 of the Mexican notice of intent to file a development of Project Review, Federal Energy National Advisory Council for application allows an interested person Regulatory Commission, at the above- Sustainable Development has been to file the competing application no mentioned address. A copy of any canceled. However, the Good Neighbor later than 120 days after the specified notice of intent, competing application Environmental Board will meet during comment date for the particular or motion to intervene must also be the scheduled dates. application. A competing license served upon each representative of the DATES: The Board will meet on application must conform with 18 CFR Applicant specified in the particular –5, 1999. The Board will 4.30(b) and 4.36. application. have work group sessions on November Notice of intent—A notice of intent Agency Comments—Federal, state, 3, 1999, from 4:00 p.m. to 6:00 p.m. On must specify the exact name, business and local agencies are invited to file November 4, the Board will meet from address, and telephone number of the comments on the described application. 9:00 a.m. until 5:30 p.m. On November prospective applicant, and must include A copy of the application may be 5, the Board will meet from 9:00 a.m. an unequivocal statement of intent to obtained by agencies directly from the until 12:00 p.m. instead of adjourning at submit, if such an application may be Applicant. If an agency does not file 2:30 p.m. The public comment session filed, either a preliminary permit comments within the time specified for application or a development will be held on Thursday, November 4 filing comments, it will be presumed to application (specify which type of from 12:00 p.m. to 12:30 p.m. The have no comments. One copy of an application). A notice of intent must be public comment session scheduled for agency’s comments must also be sent to served on the applicant(s) named in this the Joint Session on Friday, November the Applicant’s representatives. public notice. 5 from 1:00 p.m. to 1:30 p.m has been Proposed Scope of Studies under David P. Boerger, canceled. Seating will be limited and Permit—A preliminary permit, if issued, Secretary. available on a first-come, first-served does not authorize construction. The [FR Doc. 99–28020 Filed 10–26–99; 8:45 am] basis. Members of the public who wish to term of the proposed preliminary permit BILLING CODE 6717±01±M would be 36 months. The work make brief oral presentations should proposed under the preliminary permit contact Nancy Bradley at 202–564–9741 by November 1, 1999 to reserve a time would include economic analysis, ENVIRONMENTAL PROTECTION during the public comment session. preparation of preliminary engineering AGENCY plans, and a study of environmental Individuals or groups making impacts. Based on the results of these [FRL±6466±1] presentations will be limited to a total studies, the Applicant would decide time of five minutes. Those who have Good Neighbor Environmental Board; not reserved time in advance may make whether to proceed with the preparation Change of Agenda of a development application to comments during the public comment construct and operate the project. AGENCY: Environmental Protection session as time allows. Comments, Protests, or Motions to Agency (EPA). ADDRESSES: The Regency Plaza Hotel, 1515 Hotel Circle South, San Diego, Intervene—Anyone may submit ACTION: Notice. comments, a protest, or a motion to California. Materials or written intervene in accordance with the SUMMARY: Pursuant to the Federal comments may be sent to Melanie requirements of Rules of Practice and Advisory Committee Act (Pub. L. 92– Medina-Ortiz, Designated Federal Procedure, 18 CFR 385.210, .211, .214. 463), the U.S. Environmental Protection Officer, U.S. EPA (1601A), Office of In determining the appropriate action to Agency gives notice of change of agenda Cooperative Environmental take, the Commission will consider all for the Good Neighbor Environmental Management, 401 M Street, SW, protests or other comments filed, but Board meeting published in 64 FR Washington, D.C. 20460. only those who file a motion to 54626. FOR FURTHER INFORMATION CONTACT: Ms. intervene in accordance with the The Good Neighbor Environmental Melanie Medina-Ortiz, Designated Commission’s Rules may become a Board was created by the Enterprise for Federal Officer, U.S. EPA, Office of

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Cooperative Environmental DATES: Comments, identified by the 2. In person. The Agency has Management, telephone 202–564–5987. docket control number OPP–34203, established an official record for this Dated: , 1999. must be received on or before December action under docket control number 27, 1999. OPP–34203. The official record consists Gordon Schisler, ADDRESSES: Comments may be of the documents specifically referenced Deputy Director, Office of Cooperative in this action, and other information Environmental Management. submitted by mail, electronically, or in person. Please follow the detailed related to this action, including any [FR Doc. 99–28220 Filed 10–26–99; 8:45 am] instructions for each method as information claimed as Confidential BILLING CODE 6560±50±P provided in Unit I. of the Business Information (CBI). This official ‘‘SUPPLEMENTARY INFORMATION.’’ record includes the documents that are physically located in the docket, as well ENVIRONMENTAL PROTECTION To ensure proper receipt by EPA, it is as the documents that are referenced in AGENCY imperative that you identify the docket control number OPP–34203 in the those documents. The public version of subject line on the first page of your the official record does not include any [OPP±34203; FRL±6389±3] response. information claimed as CBI. The public version of the official record, which Organophosphate Pesticide; FOR FURTHER INFORMATION CONTACT: Karen Angulo, Special Review and includes printed, paper versions of any Availability of Preliminary Risk electronic comments submitted during Assessments Reregistration Division (7508C), Office of Pesticide Programs, Environmental an applicable comment period is AGENCY: Environmental Protection Protection Agency, 401 M St., SW., available for inspection in the Public Agency (EPA). Washington, DC 20460; telephone Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall ACTION: Notice. number: (703) 308–8004; e-mail address: [email protected]. #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., SUMMARY: This notice announces the SUPPLEMENTARY INFORMATION: availability of documents that were Monday through Friday, excluding legal I. General Information holidays. The PIRIB telephone number developed as part of the EPA’s process is (703) 305–5805. for making reregistration eligibility A. Does this Action Apply to Me? decisions for the organophosphate This action is directed to the public C. How and to Whom Do I Submit pesticides and for tolerance in general, nevertheless, a wide range of Comments? reassessments consistent with the stakeholders will be interested in You may submit comments through Federal Food, Drug, and Cosmetic Act obtaining the revised risk assessments the mail, in person, or electronically. To (FFDCA), as amended by the Food and submitting risk management ensure proper receipt by EPA, it is Quality Protection Act of 1996 (FQPA). comments on chlorpyrifos, including imperative that you identify the docket These documents are the preliminary environmental, human health, and control number OPP–34203 in the human health and ecological risk agricultural advocates; the chemical subject line on the first page of your assessments and related documents for industry; pesticide users; and members response. chlorpyrifos. This notice also starts a 60- of the public interested in the use of 1. By mail. Submit your comments to: day public comment period for the pesticides on food. Since other entities Public Information and Records preliminary risk assessments. may also be interested, the Agency has Integrity Branch (PIRIB), Information Comments are to be limited to issues not attempted to describe all the specific Resources and Services Division directly associated with the one entities that may be affected by this (7502C), Office of Pesticide Programs organophosphate that has the risk action. If you have any questions (OPP), Environmental Protection assessments placed in the docket and regarding the applicability of this action Agency, 401 M St., SW., Washington, should be limited to issues raised in to a particular entity, consult the person DC 20460. those documents. By allowing access listed under ‘‘FOR FURTHER 2. In person or by courier. Deliver and opportunity for comment on the INFORMATION CONTACT.’’ your comments to: Public Information preliminary risk assessments, EPA is and Records Integrity Branch (PIRIB), seeking to strengthen stakeholder B. How Can I Get Additional Information Resources and Services involvement and help ensure our Information, Including Copies of this Division (7502C), Office of Pesticide decisions under FQPA are transparent Document and Other Related Programs (OPP), Environmental and based on the best available Documents? Protection Agency, Rm. 119, Crystal information. The tolerance reassessment 1. Electronically. You may obtain Mall #2, 1921 Jefferson Davis Hwy., process will ensure that the United electronic copies of this document, and Arlington, VA. The PIRIB is open from States continues to have the safest and certain other related documents that 8:30 a.m. to 4 p.m., Monday through most abundant food supply. The Agency might be available electronically, from Friday, excluding legal holidays. The cautions that these risk assessments are the EPA Internet Home Page at http:// PIRIB telephone number is (703) 305– preliminary assessments only and that www.epa.gov/. On the Home Page select 5805. further refinements of the risk ‘‘Laws and Regulations’’ and then look 3. Electronically. You may submit assessments will be appropriate for up the entry for this document under your comments electronically by e-mail some, if not all, of these the ‘‘Federal Register—Environmental to: ‘‘[email protected],’’ or you can organophosphate pesticides. These Documents.’’ You can also go directly to submit a computer disk as described documents reflect only the work and the Federal Register listings at http:// above. Do not submit any information analysis conducted as of the time they www.epa.gov/fedrgstr/. In addition, electronically that you consider to be were produced and it is appropriate copies of the preliminary risk CBI. Avoid the use of special characters that, as new information becomes assessments for the one and any form of encryption. Electronic available and/or additional analyses are organophosphate pesticide may also be submissions will be accepted in performed, the conclusions they contain accessed at http: www.epa.gov/ WordPerfect 6.1/8.0 or ASCII file may change. oppsrrd1/op. format. All comments in electronic form

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You may claim information that organophosphate pesticide docket is the Pesticides and pests. you submit to EPA in response to this Agency’s preliminary risk assessments. Dated: October 21, 1999. document as CBI by marking any part or As additional comments, reviews, and all of that information as CBI. risk assessment modifications become Lois Rossi, Information so marked will not be available, these will also be docketed for disclosed except in accordance with the one organophosphate pesticide Director, Special Review and Reregistration procedures set forth in 40 CFR part 2. listed in this notice. The Agency Division, Office of Pesticide Programs. In addition to one complete version of cautions that these risk assessments are [FR Doc. 99–28046 Filed 10–26–99; 8:45 am] the comment that includes any preliminary assessments only and that BILLING CODE 6560±50±F information claimed as CBI, a copy of further refinements of the risk the comment that does not contain the assessments will be appropriate for the information claimed as CBI must be one organophosphate pesticide. These ENVIRONMENTAL PROTECTION submitted for inclusion in the public documents reflect only the work and AGENCY analysis conducted as of the time they version of the official record. [OPP±66272; FRL±6387±8] Information not marked confidential were produced and it is appropriate will be included in the public version that, as new information becomes Methyl Parathion, Receipt of Requests of the official record without prior available and/or additional analyses are for Cancellation; Cancellation Order notice. If you have any questions about performed, the conclusions they contain CBI or the procedures for claiming CBI, may change. AGENCY: Environmental Protection please consult the person listed under As the preliminary risk assessments Agency (EPA). ‘‘FOR FURTHER INFORMATION for the remaining organophosphate ACTION: Receipt of requests for voluntary CONTACT.’’ pesticides are completed and registrants cancellation; cancellation order. are given a 30-day review period to E. What Should I Consider as I Prepare identify possible computational or other SUMMARY: The companies that hold the My Comments for EPA? clear errors in the risk assessment, these pesticide registrations of pesticide You may find the following risk assessments and registrant products containing methyl parathion suggestions helpful for preparing your responses will be placed in the (O,O-dimethyl-O-(4-nitrophenyl) comments: individual organophosphate pesticide phosphorothioate) have asked EPA to 1. Explain your views as clearly as dockets. A notice of availability for cancel their registrations for these possible. subsequent assessments will appear in products. Pursuant to section 6(f)(1) of 2. Describe any assumptions that you the Federal Register. the Federal Insecticide, Fungicide, and used. The Agency is providing an Rodenticide Act (FIFRA), EPA is 3. Provide copies of any technical opportunity, through this notice, for announcing the Agency’s receipt of information and/or data you used that interested parties to provide written these voluntary cancellation requests support your views. comments and input to the Agency on from the registrants. These requests for 4. If you estimate potential burden or the preliminary risk assessments for the voluntary cancellation are the result of costs, explain how you arrived at the chemicals specified in this notice. Such an agreement regarding the registration estimate that you provide. comments and input could address, for of products containing methyl parathion 5. Provide specific examples to example, the availability of additional reached between EPA and the illustrate your concerns. data to further refine the risk registrants. Given the risks associated 6. Offer alternative ways to improve assessments, such as percent crop with use of methyl parathion under the this notice. treated information or submission of existing terms and conditions of use, 7. Make sure to submit your residue data from food processing EPA is granting the requests for comments by the deadline in this studies, or could address the Agency’s voluntary cancellation. The voluntary document. risk assessment methodologies and cancellation is effective today, with the 8. To ensure proper receipt by EPA, assumptions as applied to these specific publication of this document in the be sure to identify the docket control chemicals. Comments should be limited Federal Register, which contains the number assigned to this action in the to issues raised within the preliminary Cancellation Order. As of today, any subject line on the first page of your risk assessments and associated distribution, sale, or use of canceled response. You may also provide the documents. EPA will provide other methyl parathion products will only be name, date, and Federal Register opportunities for public comment on permitted if such distribution, sale, or citation. other science issues associated with the use is consistent with the terms of the organophosphate tolerance reassessment Cancellation Order set forth in this II. Background program. Failure to comment on any document. EPA is making available preliminary such issues as part of this opportunity DATE: The cancellations are effective on risk assessments that have been will in no way prejudice or limit a October 27, 1999. developed as part of EPA’s process for commenter’s opportunity to participate FOR FURTHER INFORMATION CONTACT: making reregistration eligibility fully in later notice and comment Dennis Deziel, Special Review and decisions for the organophosphate processes. All comments should be Reregistration Division (7508), Office of pesticides and for tolerance submitted by December 27, 1999 at the Pesticide Programs, Environmental

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Protection Agency, 401 M St., SW., an applicable comment period, is the comment that does not contain the Washington, DC 20460, telephone available for inspection in the Public information claimed as CBI must be number: 703–308–8173, e-mail address: Information and Records Integrity submitted for inclusion in the public [email protected]. Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. #2, 1921 Jefferson Davis Highway, Information not marked confidential I. General Information Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version A. Does This Action Apply to Me? Monday through Friday, excluding legal of the official record without prior You may be potentially affected by holidays. The PIRIB telephone number notice. If you have any questions about this action if you manufacture, sell, is 703–305–5805. CBI or the procedures for claiming CBI, distribute, or use methyl parathion C. How and to Whom Do I Submit please consult the person identified in products. To determine whether you or Comments? the ‘‘FOR FURTHER INFORMATION CONTACT’’ section. your business may be affected by this You may submit comments through action, you should carefully examine the mail, in person, or electronically. To E. What Should I Consider as I Prepare the applicability provisions in Unit II of ensure proper receipt by EPA, it is My Comments for EPA? this document. The Congressional imperative that you identify docket You may find the following Review Act, 5 U.S.C. 801 et seq., as control number 66272 in the subject line suggestions helpful for preparing your added by the Small Business Regulatory on the first page of your response. comments: Enforcement Fairness Act of 1996, does 1. By mail. Submit your comments to: • Explain your views as clearly as not apply because this action is not a Public Information and Records possible. rule, for purposes of 5 U.S.C. 804(3). If Integrity Branch (PIRIB), Information • Describe any assumptions that you you have any questions regarding the Resources and Services Division used. applicability of this action to a (7502C), Office of Pesticide Programs • Provide copies of any technical particular entity, consult the technical (OPP), Environmental Protection information and/or data you used that person listed in the ‘‘FOR FURTHER Agency, 401 M St., SW., Washington, support your views. INFORMATION CONTACT’’ section. DC 20460. • If you estimate potential burden or B. How Can I Get Additional 2. In person or by courier. Deliver costs, explain how you arrived at the Information, Including Copies of This your comments to: Public Information estimate that you provide. • Document and Other Related and Records Integrity Branch (PIRIB), Provide specific examples to Documents? Information Resources and Services illustrate your concerns. Division (7502C), Office of Pesticide • Offer alternative ways to improve 1. Electronically. You may obtain Programs (OPP), Environmental the rule or collection activity. copies of this document and certain Protection Agency, Rm. 119, Crystal • Make sure to submit your comments other available support documents from Mall #2, 1921 Jefferson Davis Highway, by the deadline in this notice. the EPA Internet Home Page at http:// Arlington, VA. The PIRIB is open from • To ensure proper receipt by EPA, be www.epa.gov/. You may access this 8 a.m. to 4 p.m., Monday through sure to identify the docket control document by selecting ‘‘Laws and Friday, excluding legal holidays. The number assigned to this action in the Regulations’’ on EPA’s Home Page and PIRIB telephone number is 703–305– subject line on the first page of your then looking up the entry for this 5805. response. You may also provide the document under the ‘‘Federal Register - 3. Electronically. You may submit name, date, and Federal Register Environmental Documents.’’ You can your comments electronically by e- mail citation. also go directly to the ‘‘Federal to: ‘‘[email protected],’’ or you can II. Receipt of Requests for Voluntary Register’’ listings at http:// submit a computer disk as described Cancellation www.epa.gov/fedrgstr. To access above. Do not submit any information information about the risk assessment electronically that you consider to be In a memorandum of agreement for methyl parathion, go to the Home CBI. Avoid the use of special characters (‘‘Agreement’’) effective , 1999, Page for the Office of Pesticide Programs and any form of encryption. Electronic EPA and all registrants of products or go directly http:www/epa.gov/ submissions will be accepted in containing methyl parathion agreed to oppsrrd1/op/methyl¥parathion.htm. Wordperfect 5.1/6.1 or ASCII file take several steps to reduce the risks 2. In person. The Agency has format. All comments in electronic form associated with the use of methyl established an official record for this must be identified by the docket control parathion. Methyl parathion is one of action under docket control number number 66272. Electronic comments the most toxic and widely used 66272. The official record consists of the may also be filed online at many Federal organophosphate pesticides. EPA documents specifically referenced in Depository Libraries. initiated the negotiations with this action, any public comments registrants after methyl parathion was received during an applicable comment D. How Should I Handle CBI That I found to pose unacceptable dietary period, and other information related to Want to Submit to the Agency? risks, especially to children. Among this action, including any information Do not submit any information other things, the registrants agreed to claimed as confidential business electronically that you consider to be cancel the use of methyl parathion on information (CBI). This official record CBI. You may claim information that all fruits, many vegetables, and all non- includes the documents that are you submit to EPA in response to this food and non-feed uses. The crop uses physically located in the docket, as well document as CBI by marking any part or that the registrants agreed to cancel are as the documents that are referenced in all of that information as CBI. listed under ‘‘Uses To Be Canceled’’ in those documents. The public version of Information so marked will not be Table 1 below. Canceling these crop the official record does not include any disclosed except in accordance with uses considerably reduces risks to information claimed as CBI. The public procedures set forth in 40 CFR part 2. children through food, and mitigates version of the official record, which In addition to one complete version of some of the risks of concern to workers includes printed, paper versions of any the comment that includes any and non-target species in the electronic comments submitted during information claimed as CBI, a copy of environment, such as honeybees.

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TABLE 1.Ð USES TO BE CANCELED OR MAINTAINED

Uses To Be Canceled Uses To Be Maintained

Food/Feed Uses: Apples, artichokes, birdsfoot trefoil, broccoli, Brus- Food/Feed Uses: Alfalfa1, almonds2, barley, cabbage1, corn, cotton, sels sprouts, carrots, cauliflower, celery, cherries, clover, collards, fil- dried beans, dried peas, grass (including rangeland and pastures), berts, garden beets, grapes, kale, kohlrabi, lettuce, mustard greens, hops, lentils2, oats, onions, pecans1, rape seed (canola)1, rice, rye1, nectarines, peaches, pears, plums, rutabagas, sorghum, spinach, soybeans, sugar beets1, sunflower1, sweet potatoes2, walnuts2, succulent beans, succulent peas, tomatoes, turnips, vetch.. wheat, white potatoes Non-Food Uses: Christmas trees, chrysanthemums, daisies, field Non-Food Uses: No non-food uses remain. grown ornamentals, flowering plants, forest, grasses grown for seed, guayule, jojoba, marigolds, any mosquito larvicide use, nursery stock, non-agricultural land, roadside areas, wasteland.. 1 Emulsified Concentrate formulation only 2 Microencapsulated formulation only

In order to cancel these crop uses, the Canceled’’ in Table 1 of this notice. The previously supported under a Agreement provides that existing Agreement also provides that any registration listed in Table 2 of this registrations of methyl parathion registrant that desires to continue to notice. Any SLN registrations that products will be replaced with new hold a registration for any pesticide authorize the use of a methyl parathion registrations of these products without product containing methyl parathion product on any use to be maintained the uses identified in Table 1 above as must submit an application for will automatically be supported by the ‘‘Uses to be Canceled.’’ As part of the registration pursuant to section new product registration issued by EPA. Agreement, the registrants agreed to 3(c)(7)(A) of FIFRA and consistent with The Agreement further provides that submit voluntary requests for the terms of the Agreement. Among requests for voluntary cancellations may cancellation of all existing registrations other things, applications for be expressly conditioned on EPA’s grant of pesticide products containing methyl registration of manufacturing-use of such applications for registration. parathion. The products for which products must include in the Thus, the issuance of new registrations cancellation was requested are listed in ‘‘Directions for Use’’ section of the label Table 2 of this notice. These include a statement that the product may only and the cancellation of existing Special Local Need (SLN) registrations be reformulated for uses identified in registrations will effectively cancel the that authorize the use of the product on Table 1 of this notice as ‘‘Uses To Be methyl parathion uses that the any crop listed under ‘‘Uses To Be Maintained’’ that the registrant registrants agreed to cancel.

TABLE 2.ÐCOMPANY NAME, REGISTRATION NUMBERS AND PRODUCT NAMES

Registration Company No Product SLNs

FMC Corporation Agricultural Products Group ...... 279±2149 Methyl Parathion 2 Thioden 3EC

...... 279±2609 Methyl Parathion 1.0 Thioden 2.0 C.O. EC

Griffin L.L.C...... 1812±399 Griffin Methyl Parathion Technical WA980020

...... 1812±405 Declare ID980005

Wilbur-Ellis Company ...... 2935±527 Methyl Parathion 5 Spray NV97000100

...... 2935±528 Methyl Parathion 4 Spray WA97001800

...... 2935±482 Ethyl±Methyl Parathion 6±3 Spray TX97000900

Elf Atochem North America Inc...... 4581±292 Penncap±M Microencapsulated Insecticide AR99009 AL97000300 CA97002400 ID84001000 IL99000700 IN88000200 IN88000700 LA96000100 MN97000100 MO95000100 MS97000600 NM82000400 WA82005400 WI95000500

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TABLE 2.ÐCOMPANY NAME, REGISTRATION NUMBERS AND PRODUCT NAMESÐContinued

Registration Company No Product SLNs

Cheminova Agro A/S ...... 4787±28 Cheminova Methyl Parathion Technical

Cheminova Inc...... 67760±29 Cheminova Methyl Parathion 4EC ID97001300 OR97002000 TX97000600 WA970003400

Amvac Chemical Corporation ...... 5481±175 Methyl Parathion 5

...... 5481±307 Methyl Parathion 4 Emulsifiable

...... 5481±330 Durham Methyl Parathion Granules 2

...... 5481±437 Parathion E/M 6±3

Helena Chemical Company ...... 5905±198 Helena Brand Malathion-Methyl Parathion Emulsifiable Liquid ......

...... 5905±528 Helena 4 LB. Methyl Parathion

Terra International, Inc...... 9779±344 Riverside Methyl Parathion 4

Drexel Chemical Co...... 19713±37 Drexel Methyl Parathion 4E

...... 19713±281 Drexel Methyl Parathion 4

Platte Chemical Company, Inc...... 34704±794 Methyl Parathion 4EC

...... 34704±795 Methyl Parathion 5±E

Micro±Flo Company ...... 51036±284 Methyl Parathion 4EC

Under section 6(f)(1)(A) of FIFRA, As part of the Agreement negotiated section 12(a)(2)(K) of FIFRA and/or registrants may request, at any time, that with the registrants, EPA agreed to section 12(a)(1)(A) of FIFRA. EPA cancel any of their pesticide allow continued distribution and sale of For purposes of this Order, the term registrations. Section 6(f)(1)(B) of FIFRA existing stocks of canceled products ‘‘existing stocks’’ is defined, pursuant to requires that EPA provide a 30–day through December 1, 1999, and EPA’s existing stocks policy at 56 FR period in which the public may continued use of such stocks pursuant 29362, Wednesday, , 1991, as comment before the Agency may act on to the terms of the existing labels those stocks of a canceled pesticide the request for voluntary cancellation. through December 31, 1999. The product that were in the United States However, such comment period may be Agreement also called on EPA to grant and that were packaged, labeled, and waived upon a registrant’s request. In the voluntary cancellation requests as released for shipment prior to the addition, section 6(f)(1)(C) of FIFRA expeditiously as possible. Because of effective date of the cancellation. requires that EPA provide a 180–day the risks associated with the use of methyl parathion, the Agency’s A. Existing Stocks Provision comment period on a request for agreement to the expeditious granting of 1. Distribution or sale by registrants. voluntary termination of any minor cancellation requests, and the Agency’s The distribution or sale of existing agricultural use before granting the issuance of new registrations pursuant stocks by registrants will not be lawful request, unless (1) the registrants to the Agreement, the Agency is under FIFRA after December 1, 1999, request a waiver of the comment period, granting the requested cancellations to except for the purpose of shipping such or (2) the Administrator determines that be effective on October 27, 1999. stocks for relabeling or repackaging, for continued use of the pesticide would export consistent with the requirements III. Cancellation Order pose an unreasonable adverse effect on of section 17 of FIFRA, or for proper the environment. The registrants have The registrants have requested disposal. requested that EPA waive any voluntary cancellation of the 2. Distribution or sale by other applicable comment period before registrations of the pesticide products persons. The distribution or sale of taking action on their requests to cancel identified in Table 2 of this notice. existing stocks by persons other than the registrations of the products Pursuant to section 6(f) of FIFRA, EPA registrants will not be lawful under identified in Table 2 of this notice. In hereby grants the requests for voluntary FIFRA after December 1, 1999, except light of this request and to expedite the cancellation and orders that the for the purpose of shipping such stocks risk mitigation measures set forth in the registrations of the pesticide products for relabeling or repackaging, for export Agreement, EPA is granting the request identified in Table 2 of this notice be consistent with the requirements of to waive the comment periods and is canceled. Any distribution, sale, or use section 17 of FIFRA, or for proper canceling the registrations today with of existing stocks of these products that disposal. the publication of this document in the is not consistent with the terms of this 3. Use of existing stocks. The use of Federal Register. Order will be considered a violation of existing stocks will not be lawful under

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FIFRA after December 31, 1999, except a series concerning science policy look up the entry to this document for the purposes of producing (e.g., documents related to Food Quality under ‘‘Federal Register--Environmental repackaging or relabeling) new Protection Act and developed through Documents.’’ You can go directly to the manufacturing-use and end-use the Tolerance Reassessment Advisory Federal Register listings http:// products that conform with the terms of Committee. www.epa.gov/fedrgstr/. the Agreement. Persons applying such FOR FURTHER INFORMATION CONTACT: 2. Fax on demand. You may request existing stocks as part of a service of Vivian Prunier, Environmental a faxed copy of the revised science applying methyl parathion products Protection Agency (7506C), 401 M St., policy paper, as well as supporting prior to December 31, 1999, shall not be SW., Washington, DC 20460; telephone information, by using a faxphone to call considered to be engaged in the number: (703) 308-9341; fax: (703) 305- (202) 401–0527. Select item 6042 for the distribution or sale of pesticides, unless 5884; e-mail address: paper entitled ‘‘Threshold of Regulation such persons also deliver unapplied [email protected]. (TOR) Policy—Deciding Whether a methyl parathion pesticides. Any use of SUPPLEMENTARY INFORMATION: Pesticide With a Food Use Pattern Requires a Tolerance.’’ You may also existing stocks of canceled product prior I. General Information to January 1, 2000, must be in follow the automated menu. accordance with either the directions for A. Does this Action Apply to Me? 3. In person. The Agency has use contained in the Agreement or the You may be potentially affected by established an official record for this action under docket control number existing labeling of that product. this action if you manufacture or OPP-00569B. In addition, the formulate pesticides. Potentially B. Notification of Possession of documents referenced in the framework affected categories and entities may Canceled Products notice, which published in the Federal include, but are not limited to: No later than November 1, 1999, and Register on , 1998 (63 FR pursuant to section 6(g) of FIFRA, any 58038) (FRL–6041–5) have also been producer or exporter, registrant, inserted in the docket under docket applicant for a registration, applicant or Examples control number OPP–00557. The official holder of an experimental use permit, of poten- record consists of the documents commercial applicator, or any person Categories NAICS tially af- specifically referenced in this action, fected enti- any public comments received during who distributes or sells any pesticide, ties who after the publication of this Notice an applicable comment period, and possesses any stocks of the pesticide Pesticide 32532 Pesticide other information related to this action, products identified on Table 2 of this pro- manufac- including any information claimed as notice, shall notify EPA and appropriate ducers turers Confidential Business Information (CBI). State and local officials of: (1) Such Pesticide This official record includes the possession; (2) the quantity of canceled formula- documents that are physically located in tors methyl parathion pesticide product the docket, as well as the documents possessed; and (3) the place at which that are referenced in those documents. This listing is not intended to be The public version of the official record the canceled methyl parathion pesticide exhaustive, but rather provides a guide product is stored. does not include any information for readers regarding entities likely to be claimed as CBI. The public version of List of Subjects affected by this action. Other types of the official record, which includes entities not listed could also be affected. Environmental protection. printed, paper versions of any electronic The North American Industrial comments submitted during an Dated: October 12, 1999. Classification System (NAICS) codes applicable comment period is available Lois Rossi, have been provided to assist you and for inspection in the Public Information others in determining whether or not and Records Integrity Branch (PIRIB), Director, Special Review and Reregistration this action affects certain entities. If you Rm. 119, Crystal Mall #2, 1921 Jefferson Division, Office of Pesticide Programs. have any questions regarding the Davis Highway, Arlington, VA, from [FR Doc. 99–27800 Filed 10–26–99; 8:45 am] applicability of this action to a 8:30 a.m. to 4 p.m., Monday through BILLING CODE 6560±50±F particular entity, consult the person Friday, excluding legal holidays. The listed under ‘‘FOR FURTHER PIRIB telephone number is (703) 305– INFORMATION CONTACT.’’ 5805. ENVIRONMENTAL PROTECTION AGENCY B. How Can I Get Additional II. Background for the Tolerance Information, Including Copies of this Reassessment Advisory Committee [OPP±00569B; FRL±6388±2] Document or Other Related Documents? (TRAC) 1. Electronically. You may obtain Pesticides; Policy Issues Related to On , 1996, the Food Quality electronic copies of this document, the the Food Quality Protection Act Protection Act of 1996 (FQPA) was science policy documents, and certain signed into law. Effective upon AGENCY: Environmental Protection other related documents that might be signature, the FQPA significantly Agency (EPA). available electronically, from the Office amended the Federal Insecticide, ACTION: Notice of availability. of Pesticide Programs’ Home Page at Fungicide, and Rodenticide Act (FIFRA) http://www.epa.gov/pesticides/. On the and the Federal Food, Drug, and SUMMARY: EPA is announcing the Office of Pesticide Programs’ Home Page Cosmetic Act (FFDCA). Among other availability of the revised version of the select ‘‘FQPA’’ and then look up the changes, FQPA established a stringent pesticide science policy document entry for this document under ‘‘Science health-based standard (‘‘a reasonable entitled ‘‘Threshold of Regulation (TOR) Policies.’’ You can also go directly to the certainty of no harm’’) for pesticide Policy—Deciding Whether a Pesticide listings at the EPA Home Page at http:/ residues in foods to assure protection With a Food Use Pattern Requires a /www.epa.gov/. On the Home Page from unacceptable pesticide exposure; Tolerance.’’ This notice is the twelfth in select ‘‘Laws and Regulations’’ and then provided heightened health protections

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57882 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices for infants and children from pesticide The TRAC identified nine science each use that meets the criteria of the risks; required expedited review of new, policy issue areas it believes were key TOR policy. safer pesticides; created incentives for to implementation of FQPA and The Agency plans to use this the development and maintenance of tolerance reassessment. The framework guidance during tolerance reassessment effective crop protection tools for calls for EPA to provide one or more to determine whether a tolerance is farmers; required reassessment of documents for comment on each of the needed for existing uses. The Agency existing tolerances over a 10-year nine issues by announcing their expects to use this guidance to evaluate period; and required periodic re- availability in the Federal Register. In proposed pesticide uses that could evaluation of pesticide registrations and accordance with the framework replace pesticide uses that are being tolerances to ensure that scientific data described in a separate notice published discontinued. EPA believes that this supporting pesticide registrations will in the Federal Register of October 29, policy will promote a reasonable remain up-to-date in the future. 1998 (63 FR 58038) (FRL–6041–5), EPA transition for agriculture. is announcing through the Federal Subsequently, the Agency established IV. Issues Raised in Comments the Food Safety Advisory Committee Register the availability of a series of (FSAC) as a subcommittee of the draft documents concerning nine EPA published a draft version of the National Advisory Council for science policy issues identified by the document described in Unit III. in the Environmental Policy and Technology TRAC related to the implementation of Federal Register on , 1998 (NACEPT) to assist in soliciting input FQPA. After receiving and reviewing (63 FR 67063) (FRL–6048–2) and from stakeholders and to provide input comments from the public and others, comments were filed under docket to EPA on some of the broad policy EPA is also issuing revised science control number OPP–00569. The choices facing the Agency and on policy documents which reflect changes original public comment period ended strategic direction for the Office of made in response to comments. In on , 1999, but was extended Pesticide Programs. The Agency has addition to comments received in to , 1999, in a Federal used the interim approaches developed response to these Federal Register Register document published on through discussions with FSAC to make notices, EPA will consider comments , 1999 (64 FR 5795) (FRL– regulatory decisions that met FQPA’s received during the TRAC meetings. 6061–5). The Agency received standard, but that could be revisited if Each of these issues is evolving and in comments from 22 different additional information became available a different stage of refinement. organizations. All comments were or as the science evolved. As EPA’s Accordingly, as the issues are further considered by the Agency in revising approach to implementing the scientific refined by EPA in consultation with the document. The comments and the provisions of FQPA has evolved, the USDA and others, they may also be Agency’s responses to these comments Agency has sought independent review presented to the SAP. are briefly summarized in this Unit. and public participation, often through Many of the comments were similar III. Summary of Revised Science Policy in content, and pertained to general presentation of many of the science Guidance Document policy issues to the FIFRA Scientific issues concerning the proposed policy This Federal Register notice Advisory Panel (SAP), a group of or specific sections within the draft announces the availability of a revised independent, outside experts who document. To facilitate review and version of the EPA pesticide science provide peer review and scientific consideration of the comments for policy guidance document that has been advice to OPP. purposes of revising the document, the retitled ‘‘Threshold of Regulation (TOR) In addition, as directed by Vice Agency grouped the comments in Policy—Deciding Whether a Pesticide President Albert Gore, EPA has been accordance to nature of the comment, or With a Food Use Pattern Requires a working with the U.S. Department of issue or section of the document with Tolerance.’’ The guidance document Agriculture (USDA) and another which they addressed. Hence, describes the approach that EPA will subcommittee of NACEPT, the TRAC, comments were grouped as follows: use for determining when a food use A. The purpose and effects of the chaired by the EPA Deputy pattern does not produce residues in or policy. Administrator and the USDA Deputy on food that require establishment of a B. Residue chemistry data Secretary, to address FQPA issues and tolerance or tolerance exemption. requirements. implementation. TRAC comprises more Specifically, the guidance document C. Toxicity data requirements. than 50 representatives of affected user, describes: D. Risk criteria for TOR decisions. producer, consumer, public health, A. EPA’s authority for determining E. Registration criteria for pesticide environmental, states and other whether a tolerance or tolerance uses that meet the criteria of the TOR interested groups. The TRAC has met exemption is, or is not, required. policy. six times as a full committee from May B. The criteria that EPA will use for F. Procedural issues, including 27 through , 1999. determining whether a tolerance is publication of decisions made under the The Agency has been working with required for a pesticide use in, on, or policy, enforcement, and assessment of the TRAC to ensure that its science near food that produces no detected fees. policies, risk assessments of individual residues in the food. The full text of the Agency’s pesticides, and process for decision C. The data, including toxicology and comments and response to the making are transparent and open to residue chemistry studies, that EPA will comments document is available as public participation. An important rely upon when deciding whether a described in Unit I.B.1. product of these consultations with tolerance is required. The comments raised several TRAC is the development of a D. Procedures that EPA will follow for significant issues including: framework for addressing key science evaluating new or existing pesticide 1. What is EPA’s authority for policy issues. The Agency decided that uses that meet the criteria of the TOR deciding that a tolerance is not required the FQPA implementation process and policy. for a pesticide use in, on, or near food? related policies would benefit from E. Procedures that EPA will follow to EPA has interpreted section 402 of the initiating notice and comment on the establish a regulation in title 40 of the Federal Food, Drug and Cosmetic Act major science policy issues. Code of Federal Regulations (CFR) for (FFDCA) as meaning that any use of a

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If, at some later date, EPA establish criteria to decide whether notice when it is considering adopting decides to explore an expansion of TOR, additional food use patterns, in addition a new analytical method for EPA would at that time evaluate the to those identified in 40 CFR 180.6, do enforcement purposes. A person who is application of the de minimis doctrine not produce residues in food for which relying on a TOR approval to support a as the primary justification for the TOR a tolerance or tolerance exemption is pesticide use would have opportunity to policy. Finally, EPA does not need to required. EPA finds that sections 408(e) evaluate the new analytical method rely on the de minimis principle in and 701(a) of the FFDCA give EPA before FDA adopts it. order to apply the policy. As outlined in authority to issue regulations necessary 4. Several commenters asserted that the policy, EPA has already been to interpret the Act. EPA should expand the TOR Policy making this type of determination as to 2. How will EPA implement, publish, criteria to include detected residues that a considerable range of pesticide uses. and compile TOR decisions? How will pose risks that are so inconsequential 5. The criteria in the ‘‘essentially FDA enforce TOR decisions? that they are ‘‘de minimis’’ and should zero’’ exposure approach proposed in Commenters asked EPA to publish not be regulated. the draft TOR policy blurred the notices of TOR policy decisions that Under this principle, an agency may distinction between a food use pattern specify the conditions of use and decide that some violations of the law that is subject to FFDCA and a non-food analytical method used to support each are so trivial that they are not worth use that is not subject to FFDCA. TOR decision and to maintain a list of regulating. The commenters argued that, It appears that the proposed TOR decisions in the CFR. if EPA applies this principle, it would ‘‘essentially zero‘‘ exposure approach EPA has decided to issue each TOR be able to find that a residue does not for a TOR determination could be decision as a regulation. The TOR need to be regulated under FFDCA interpreted as applying both to food regulation will identify the pesticide, section 408 if a given level of a uses e.g., uses that result in a reasonable conditions of use of the pesticide, and particular pesticide based on the hazard expectation of no finite residues in milk, the analytic method that the Agency characteristics of the pesticide poses a meat, poultry or eggs and to uses that relied on in determining that the use of ‘‘de minimis’’ risk. Detected residues of are likely to be classified as ‘‘non-food’’ the pesticide would not produce a pesticide could also be eligible for uses. detectable residues. This information consideration under a ‘‘de minimis’’ EPA modified the policy to make will guide growers or other pesticide policy. clear that it applies to the uses of users who wish to employ a pesticide EPA’s approach does not attempt to pesticide in, on, or near growing crops, for a TOR use and should enable them write an exception to the statutory livestock, or food and not to uses that to avoid misusing the pesticide. language as does the de minimis have been classified as ‘‘non-food’’ uses. This policy does not alter FDA’s principle; rather, EPA has relied upon EPA found that the proposed enforcement in any way. FDA monitors the less controversial legal approach of ‘‘essentially zero’’ exposure approach food for pesticide residues. FDA will fashioning a reasonable interpretation of for a TOR determination could be continue to monitor food in interstate existing statutory language -- here, ‘‘any interpreted as applying to certain food commerce for pesticide residues. To pesticide chemical residue in or on a uses e.g., uses that result in no finite detect and quantify pesticide residues in food.’’ EPA’s policy describes criteria residues in milk, meat, poultry, or eggs. a food, FDA may use either the that will be taken into account in EPA already has procedures for analytical method that EPA relied upon determining when a pesticide can be handling ‘‘essentially zero’’ residues in in making the TOR decision or another deemed to be ‘‘in or on food’’ when the some foods in 40 CFR 180.6(a)(3) and method. Because the TOR policy is pesticide is NOT detectable on the food. 180.6(c)(3). Because a mechanism based on the premise that no residues EPA’s approach of focusing on the risk already exists for managing certain will be found in a food following the posed by potential residues is a pesticide uses that result in ‘‘essentially use of a pesticide, FDA will continue to reasonable interpretation of when zero zero’’ residues in food, EPA believes regard any residue finding for which detected residues means the pesticide is that the ‘‘essentially zero’’ exposure there is no tolerance or tolerance not in or on food. approach proposed in the TOR policy is exemption as a violation of the FFDCA EPA chose not to rely on the de redundant and potentially confusing. To and would deem the food as adulterated minimis doctrine as its primary eliminate this confusion, EPA will not under section 402(a)(2)(B) of the justification for several reasons. First, use the ‘‘essentially zero’’ exposure FFDCA. despite the fact that the de minimis approach in its TOR policy. 3. What would happen to a TOR use principle is well-established, there is 6. Should EPA make TOR decisions in if a more sensitive analytical method is always some legal risk when an agency the absence of data to characterize a developed? asks a court to disregard the plain pesticide’s hazard? Food processors were concerned that language of the statute. In the event that A government Agency advised EPA to FDA would eventually develop more a court concludes that potential risk is continue to require toxicity information sensitive enforcement methods and not an appropriate consideration in for all food use patterns, including uses would be able to detect residues from determining when undetected residues that meet the criteria of the TOR policy. TOR uses. qualify as residues ‘‘in or on food,‘‘ the When EPA originally proposed EPA agrees that advances in the de minimis principle provides a ‘‘essentially zero’’ exposure criteria for science of analytical chemistry may secondary justification for EPA’s TOR decisions, it reasoned that if eventually produce methods that are approach. Second, reliance on a de exposure is ‘‘essentially zero,’’ risk capable of detecting pesticide residues minimis theory as a primary would also be ‘‘essentially zero.’’ EPA from TOR uses. If FDA adopts a new justification is only necessary if EPA’s has reconsidered this position, however, enforcement method that is more policy extends to pesticide residues that because it cannot conclude with sensitive than the method described in are detectable. However, EPA is certainty that very low exposures are

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57884 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices without risk if there is no relevant pesticides will qualify for a TOR for use demonstrate that a policy should be information about the biological activity on a food item that is a minor abandoned. of the pesticide. Accordingly, EPA component of the diets of the general List of Subjects expects to evaluate the array of toxicity U.S. population or children aged 1 to 6 data that are normally used in a dietary years. Environmental protection, risk assessment in order to identify 9. Some interpreted the policy to Administrative practice and procedure, health hazards and quantify a dose mean that if there are no detected Agricultural commodities, Pesticides response. The Agency will normally residues above 10 ppb, no tolerances are and pests. perform a quantitative risk assessment needed. Dated: , 1999. before concluding that a specific use EPA finds that this interpretation is Susan H. Wayland, poses ‘‘essentially zero’’ risk from not accurate. Tolerances (or exemptions Deputy Assistant Administrator for dietary exposures. Therefore, from tolerance) continue to be required Prevention, Pesticides and Toxic Substances. proponents of a TOR use should provide for any use of a pesticide in, on, or near [FR Doc. 99–28047 Filed 10–26–99; 8:45 am] a full set of toxicity data, as specified in food unless EPA determines that the use 40 CFR 158.340. meets TOR criteria. BILLING CODE 6560±50±F 7. What criteria will be used to define 10. EPA should adopt alternative ‘‘essentially zero’’ risk for infants and criteria for deciding not to establish children? ENVIRONMENTAL PROTECTION tolerances for potential residues AGENCY EPA should explain what ‘‘acceptable resulting from the use of pesticides to risk’’ means with respect to risks to treat seeds. [NCEA±CD±99±1072; FRL±6464±1] infants and children or other Registrants of seed treatment asserted subpopulations when the Agency states Air Quality Criteria for Particulate that exposures from seed treatment uses that food risks from a TOR use must be Matter (External Review Draft) would be even lower than exposures less than 0.1% of acceptable risks. EPA will separately evaluate the from other uses that may be eligible for AGENCY: Environmental Protection incremental dietary risk (i.e., risks from TOR decisions. Accordingly, EPA Agency. food) posed by a proposed TOR use to should adjust data requirements and ACTION: Notice of a Draft for Public each population subgroup, particularly other criteria for making TOR decisions Review and Comment. infants and children. If EPA has already on seed treatment uses. SUMMARY: The Environmental Protection determined the appropriate FQPA safety The Agency will apply the criteria in Agency (EPA), National Center for factor for a particular pesticide, EPA the revised TOR Policy to seed Environmental Assessment (NCEA), is will use this safety factor in its treatment uses. As discussed above, a today announcing the availability of an evaluation of the proposed TOR use. If proponent of a TOR use would normally external review draft of the document, EPA has not established an FQPA safety be expected to submit the full toxicity Air Quality Criteria for Particulate factor, EPA will, as a matter of policy, data set for a food use. EPA will, Matter. Required under sections 108 and decide whether the FQPA safety factor however, consider waiving toxicity data 109 of the Clean Air Act, the purpose of is appropriate, and if so, the Agency requirements on a case-by-case basis. this document is to provide an will use it when evaluating the potential 11. EPA should not require tolerance assessment of the latest scientific risk posed by the proposed TOR use to fees for TOR requests because fees can information on the effects of airborne infants and children. be charged only for actions done under 8. The risk criteria in the TOR policy FFDCA 408. particulate matter (PM) on the public represent ‘‘risk management policy,’’ TOR eligibility determinations health and welfare for use in the next not ‘‘science policy.’’ Furthermore, the involve application of FFDCA section periodic review of the National Ambient definition of ‘‘essentially zero’’ risk is so 408. The decision whether FFDCA Air Quality Standards (NAAQS) for PM. restrictive that few pesticide uses will section 408 applies to a particular case DATES: Anyone who wishes to comment qualify. is itself a section 408 action. on the draft document, Air Quality Several commenters asked that EPA Accordingly, EPA could require Criteria for Particulate Matter, must ease the risk criterion, recommending payment of a ‘‘tolerance fee’’ to cover submit the comments in writing by no either a specific value such as 1% of the costs of evaluating a TOR eligibility later than , 2000. acceptable risk for the pesticide or more request. ADDRESSES: Send the written comments to the Project Manager for Particulate subjective criterion such as ‘‘an V. Policies Not Rules insignificant proportion of allowable Matter, National Center for risk’’ be used as the risk threshold in the The policy document discussed in Environmental Assessment-RTP Office TOR policy. this notice is intended to provide (MD–52), U.S. Environmental Protection EPA agrees that the selection of the guidance to EPA personnel and Agency, Research Triangle Park, NC risk criterion for the TOR policy is a risk decision-makers, and to the public. As 27711. management rather than a science a guidance document and not a rule, the A copy of the Air Quality Criteria for policy decision. EPA intends that the policy in this guidance is not binding on Particulate Matter (External Review exposures from TOR uses be so small either EPA or any outside parties. Draft) is available on CD ROM from the that risk resulting from such exposures Although this guidance provides a OAO Corporation, which is under would be of no concern. Because starting point for EPA risk assessments, contract to the EPA. Contact Ms. Cindy selection of the risk criterion for TOR EPA will depart from its policy where Jenkins, OAO Corporation decisions is a risk management the facts or circumstances warrant. In representative, at 919–541–4826, 919– decision; the risk level itself should such cases, EPA will explain why a 541–1818 (fax), or connote the triviality of the risk. different course was taken. Similarly, [email protected] to request the EPA conducted its own analysis to outside parties remain free to assert that document. OAO will need the ascertain whether the selected risk a policy is not appropriate for a specific document’s title, Air Quality Criteria for criteria were so strict that no uses would pesticide or that the circumstances Particulate Matter (External Review qualify. The results suggest that many surrounding a specific risk assessment Draft), as well as your name and address

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57885 to properly process your request. above, the second draft may address a occupies approximately 24 acres in an Internet users may download a copy number of studies not completed in industrial park in the Township of from the Internet homepage for EPA’s time for assessment in the first draft. Moorestown, New Jersey. The Site was National Center for Environmental Accordingly, the EPA urges that operated as a toll processing facility for Assessment. The URL is http:// interested parties be prepared to review the formulation of pesticides by several www.epa.gov/ncea/. the second draft on that basis. companies from approximately 1935 to FOR FURTHER INFORMATION CONTACT: Dr. Findings and conclusions from the 1979. Respondent owned and operated Dennis Kotchmar, National Center for Air Quality Criteria for Particulate the Site from approximately 1948 to Environmental Assessment-RTP Office Matter will be used as key inputs to the 1963. (MD–52), U.S. Environmental Protection preparation during 2000 of a draft EPA The work portion of this Order will Agency, Research Triangle Park, NC staff paper on airborne particles, which require the removal of soils 27711; telephone: 919–541–4158; fax: will pose possible options for the EPA contaminated with elevated levels of 919–541–1818; E-mail: Administrator to consider in regard to pesticides. Previous Orders at this Site [email protected]. potential retention or revision of current have addressed site security, the SUPPLEMENTARY INFORMATION: The U.S. PM NAAQS. removal of materials from buildings Environmental Protection Agency is Dated: October 21, 1999. located on the Site, and the study of soil contamination at the Site. updating and revising, where William H. Farland, appropriate, the EPA’s Air Quality Because of the existence of an orphan Director, National Center for Environmental share of liability at the Site, pursuant to Criteria for Particulate Matter. Sections Assessment. 108 and 109 of the Clean Air Act require the EPA’s Orphan Share Policy, EPA [FR Doc. 99–28045 Filed 10–26–99; 8:45 am] agrees in the proposed Order not to that the EPA carry out a periodic review BILLING CODE 6560±50±P and revision, where appropriate, of the pursue the Respondent for criteria and the National Ambient Air unreimbursed past costs related to the Site and for future costs related to Quality Standards (NAAQS) for the ENVIRONMENTAL PROTECTION oversight of the proposed Order. ‘‘criteria’’ air pollutants such as AGENCY particulate matter. Details of the EPA’s DATES: EPA will accept written [FRL±6464±4] plans for the review of the NAAQS for comments relating to the proposed PM were announced in a previous settlement on or before November 26, NOTICE OF PROPOSED 1999. Federal Register notice (62 FR 55201, ADMINISTRATIVE ORDER ON ADDRESSES: , 1997). CONSENT FOR REMOVAL UNDER Comments should be sent to Near the end of the comment period SECTIONS 104, 106(a), 107, AND 122 Delmar Karlen, Chief, New Jersey on the external review draft, Air Quality OF THE COMPREHENSIVE Superfund Branch, Office of Regional Criteria for Particulate Matter, the EPA ENVIRONMENTAL RESPONSE, Counsel, U.S. Environmental Protection will present the draft at a public COMPENSATION, AND LIABILITY ACT Agency, 290 Broadway, 17th Floor, New meeting for review by the Clean Air PULVERIZING SERVICES SUPERFUND York, NY 10007–1866. Comments Scientific Advisory Committee SITE, TOWNSHIP OF MOORESTOWN, should reference the Pulverizing (CASAC). There will be a subsequent NEW JERSEY Services Superfund Site and EPA Index Federal Register notice to inform the No. II–CERCLA–99–20389. For a copy of public of the exact date and time of that AGENCY: U.S. Environmental Protection the Order, contact the individual listed CASAC meeting. Agency. below. The EPA is aware that a substantial ACTION: Notice of proposed FOR FURTHER INFORMATION CONTACT: number of new scientific studies on administrative order on consent and Alexandra Varlay, Assistant Regional particulate matter are underway that opportunity for public comment. Counsel, New Jersey Superfund Branch, will likely be completed and accepted Office of Regional Counsel, U.S. for publication in time to be included in SUMMARY: In accordance with Section Environmental Protection Agency, 290 the final criteria document. To this end, 122(i) of the Comprehensive Broadway, 17th Floor, New York, NY the Agency encourages timely Environmental Response, 10007–1866, Telephone: 212–637–3144. Compensation, and Liability Act, as completion and submission of these Dated: , 1999. studies for publication. Because the amended (‘‘CERCLA’’), 42 U.S.C. William J. Muszynski, potential import of many of these 9622(i), the U.S. Environmental additional studies cannot be assessed in Protection Agency (‘‘EPA’’) Region II Acting Regional Administrator. the present draft, the Agency is announces a proposed Administrative [FR Doc. 99–28043 Filed 10–26–99; 8:45 am] requesting that the CASAC’s and the Order on Consent under sections 104, BILLING CODE 6560±50±P public’s comments on this external 106(a), 107, and 122 of CERCLA, review draft focus particularly on the relating to the Pulverizing Services aspects of organization, structure, and Superfund Site (‘‘Site’’) in the Township FEDERAL DEPOSIT INSURANCE presentation in the document, although of Moorestown, Burlington County, New CORPORATION comments on provisional conclusions Jersey. This Site is not on the National and specific details are, of course, Priorities List established pursuant to Agency Information Collection welcome. section 105(a) of CERCLA. This notice is Activities: Submission for OMB Following the CASAC meeting, the being published to inform the public of Review; Comment Request EPA plans to incorporate revisions to the proposed Order and of the AGENCY: Federal Deposit Insurance the document in response to public opportunity to comment on the Corporation (FDIC). comments and CASAC review of the proposed cost reimbursement provision ACTION: Notice of information collection first external review draft, and then to of this Order. to be submitted to OMB for review and release a second external review draft The Administrative Order on Consent approval under the Paperwork for public comment and CASAC review is being entered into by the Respondent, Reduction Act of 1995. in midyear 2000. For reasons discussed PPG Industries, Inc., and EPA. The Site

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SUMMARY: In accordance with FEDERAL RESERVE SYSTEM inspection at the Federal Reserve Bank requirements of the Paperwork indicated. The application also will be Reduction Act of 1995 (44 U.S.C. 3501 Change in Bank Control Notices; available for inspection at the offices of et seq.), the FDIC hereby gives notice Acquisitions of Shares of Banks or the Board of Governors. Interested that it plans to submit to the Office of Bank Holding Companies persons may express their views in Management and Budget (OMB) a writing on the standards enumerated in The notificants listed below have request for OMB review and approval of the BHC Act (12 U.S.C. 1842(c)). If the applied under the Change in Bank the information collection system proposal also involves the acquisition of Control Act (12 U.S.C. 1817(j)) and § described below. a nonbanking company, the review also 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the Type of Review: Revision of a CFR 225.41) to acquire a bank or bank nonbanking company complies with the currently approved collection. holding company. The factors that are standards in section 4 of the BHC Act considered in acting on the notices are Title: Acquisition Services (12 U.S.C. 1843). Unless otherwise set forth in paragraph 7 of the Act (12 Information Requirements. noted, nonbanking activities will be U.S.C. 1817(j)(7)). Form Number: 3700/04A. conducted throughout the United States. The notices are available for OMB Number: 3064–0072. immediate inspection at the Federal Unless otherwise noted, comments Annual Burden Reserve Bank indicated. The notices regarding each of these applications also will be available for inspection at must be received at the Reserve Bank Estimated annual number of indicated or the offices of the Board of respondents: 31,528. the offices of the Board of Governors. Interested persons may express their Governors not later than , Estimated time per response 0.42 views in writing to the Reserve Bank 1999. hours. indicated for that notice or to the offices A. Federal Reserve Bank of Average annual burden hours 13,241 of the Board of Governors. Comments Richmond (A. Linwood Gill III, hours. must be received not later than Assistant Vice President) 701 East Byrd Expiration Date of OMB Clearance: November 10, 1999. Street, Richmond, Virginia 23261-4528: , 2001. A. Federal Reserve Bank of Chicago 1. Bank of America Corporation, and NB Holdings Corporation, both of OMB Reviewer: Alexander T. Hunt, (Philip Jackson, Applications Officer) Charlotte, North Carolina; to acquire (202) 395–7860, Office of Management 230 South LaSalle Street, Chicago, 19.6 percent of the voting shares of Lake and Budget, Office of Information and Illinois 60690-1413: 1. Paul James Senty, Onolaska, - Osceola State Bank, Baldwin, Regulatory Affairs, Washington, D.C. Wisconsin; Amy Cathrine Hegenbarth, Michigan. 20503. Madison, Wisconsin; and James Herbert B. Federal Reserve Bank of Atlanta FDIC Contact: Tamara R. Manly, (202) Hegenbarth, Madison, Wisconsin; all to (Cynthia Goodwin, Vice President) 104 898–7453, Office of the Executive retain voting shares of Deerfield Marietta Street, N.W., Atlanta, Georgia Secretary, Room F–4058, Federal Financial Corporation, Madison, 30303-2713: Deposit Insurance Corporation, 550 17th Wisconsin, and thereby indirectly retain 1. Overton Merger Corporation, Street NW, Washington, DC 20429. voting shares of The Bank of Deerfield, Livingston, Tennessee; to become a Comments: Comments on this Deerfield, Wisconsin. bank holding company by acquiring 100 collection of information are welcome Board of Governors of the Federal Reserve percent of the voting shares of Overton and should be submitted on or before System, October 21, 1999. Financial Services, Inc., Livingston, November 26, 1999 to both the OMB Robert deV. Frierson, Tennessee, and thereby indirectly reviewer and the FDIC contact listed Associate Secretary of the Board. acquire Union Bank & Trust, Livingston, above. [FR Doc. 99–27981 Filed 10–26–99; 8:45 am] Tennessee. ADDRESSES: Information about this BILLING CODE 6210±01±F C. Federal Reserve Bank of Kansas submission, including copies of the City (D. Michael Manies, Assistant Vice proposed collection of information, may President) 925 Grand Avenue, Kansas be obtained by calling or writing the FEDERAL RESERVE SYSTEM City, Missouri 64198-0001: FDIC contact listed above. 1. Farmers & Merchants Investment, Formations of, Acquisitions by, and Inc., Milford, Nebraska; to acquire 19.6 SUPPLEMENTARY INFORMATION: The Mergers of Bank Holding Companies percent of the voting shares of North proposed revision to this collection Central Bancorp, Inc., Norfolk, involves the submission of information The companies listed in this notice Nebraska, and thereby indirectlyacquire on Form 3700/04A by contractors who have applied to the Board for approval, Bank of Norfolk, Norfolk, Nebraska. wish to do business with the FDIC. The pursuant to the Bank Holding Company form is used to help determine a Act of 1956 (12 U.S.C. 1841 et seq.) 2. Twenty-First Century Financial contractor’s compliance with FDIC (BHC Act), Regulation Y (12 CFR Part Services Company, Tulsa, Oklahoma; to contracting regulations for potential 225), and all other applicable statutes become a bank holding company by FDIC contract awards, including and regulations to become a bank acquiring 100 percent of the voting whether the contractor is a minority- holding company and/or to acquire the shares of Oklahoma National Bank, owned business or women-owned assets or the ownership of, control of, or Tulsa, Oklahoma (a de novo bank in business. the power to vote shares of a bank or organization). bank holding company and all of the In connection with this application, Dated: October 29, 1999. banks and nonbanking companies Applicant also has applied to acquire Federal Deposit Insurance Corporation. owned by the bank holding company, Twenty-First Century Building Robert E. Feldman, including the companies listed below. Company, Tulsa, Oklahoma, and Executive Secretary. The applications listed below, as well thereby engage in leasing activities, [FR Doc. 99–28092 Filed 10–26–99; 8:45 am] as other related filings required by the pursuant to § 225.28(b)(3) of Regulation BILLING CODE 6714±01±P Board, are available for immediate Y.

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Board of Governors of the Federal Reserve Financial Leasing, Inc., Troy, Michigan, Protection, FTC, 600 Pennsylvania System, October 21, 1999. and SFS Holding Corporation, Park Avenue, NW, Washington, DC 20580. Robert deV. Frierson, Ridge, New Jersey, an indirect, wholly SUPPLEMENTARY INFORMATION: In Associate Secretary of the Board. owned subsidiary of Sony Corporation, accordance with the Privacy Act of [FR Doc. 99–27983 Filed 10–26–99; 8:45 am] Tokyo, Japan, and thereby engage de 1974, as amended, 5 U.S.C. 552a, the BILLING CODE 6210±01±F novo through Sony Financial Services FTC is publishing this notice of a new LLC in extending credit and servicing agency system of records, to be loans, pursuant to § 225.28(b)(1) of designated as FTC–IV–2, ‘‘Identity Theft FEDERAL RESERVE SYSTEM Regulation Y; and in leasing personal or Complaint Management System–FTC.’’ real property or acting as agent, broker, This system will enable the FTC to Notice of Proposals to Engage in or adviser in leasing such property, fulfill its statutory responsibilities under Permissible Nonbanking Activities or pursuant to § 225.28(b)(3) of Regulation section 5 of the Identity Theft and to Acquire Companies that are Y. Assumption Deterrence Act of 1998, Engaged in Permissible Nonbanking Board of Governors of the Federal Reserve Pub. L. 105–318, 112 Stat. 3007, 3010, Activities System, October 21, 1999. 18 U.S.C. 1028 note (‘‘ITADA’’). The The companies listed in this notice Robert deV. Frierson, ITADA designates the FTC as a have given notice under section 4 of the Associate Secretary of the Board. clearinghouse for the receipt and Bank Holding Company Act (12 U.S.C. [FR Doc. 99–27982 Filed 10–26–99; 8:45 am] referral of identity theft complaints and 1843) (BHC Act) and Regulation Y (12 BILLING CODE 6210±01±F requires that the FTC establish CFR Part 225), to engage de novo, or to procedures: (1) To log and acknowledge acquire or control voting securities or receipt of complaints from individuals assets of a company, including the who certify that they have a reasonable companies listed below, that engages FEDERAL TRADE COMMISSION belief that one or more of their means either directly or through a subsidiary or of identification have been assumed, other company, in a nonbanking activity Privacy Act of 1974; System of stolen, or otherwise unlawfully acquired that is listed in § 225.28 of Regulation Records in violation of the statute; (2) to provide informational materials to such Y (12 CFR 225.28) or that the Board has AGENCY: Federal Trade Commission individuals; and (3) to refer such determined by Order to be closely (FTC). related to banking and permissible for complaints to ‘‘appropriate entities.’’ ACTION: Notice of new Privacy Act bank holding companies. Unless Under the statute, these entities include, system of records. otherwise noted, these activities will be but are not limited to, the three major conducted throughout the United States. SUMMARY: The FTC is establishing a new national consumer reporting agencies Each notice is available for inspection system of records subject to the Privacy (currently Equifax, Experian and Trans at the Federal Reserve Bank indicated. Act of 1974, as amended. This system Union), and appropriate law The notice also will be available for implements the requirements of the enforcement agencies for potential law inspection at the offices of the Board of Identity Theft and Assumption enforcement action. Governors. Interested persons may Deterrence Act of 1998. The The new system of records is express their views in writing on the Commission will use this system to log designed to meet these statutory question whether the proposal complies and acknowledge complaints submitted requirements and will be managed and with the standards of section 4 of the by victims of identity theft, to provide operated by the FTC’s Bureau of BHC Act. information to such individuals, and to Consumer Protection, Division of Unless otherwise noted, comments refer their complaints to appropriate Planning & Information. The system regarding the applications must be entities. consists primarily of a computerized received at the Reserve Bank indicated database that will compile and track DATES: Comments must be submitted by or the offices of the Board of Governors identity theft complaints received by the November 26, 1999. This system notice, not later than November 10, 1999. agency. Copies of identity theft which is being published in proposed A. Federal Reserve Bank of Boston complaints originally received in paper form, shall become final and effective (Richard Walker, Community Affairs format (e.g., by mail or fax) will also be December 13, 1999, without further Officer) 600 Atlantic Avenue, Boston, considered part of the system, but will notice unless otherwise amended or Massachusetts 02106-2204: be retained for only a temporary period repealed by the Commission on the 1. State Street Corporation, Boston, after they are entered by agency basis of any comments received. Massachusetts; to engage de novo personnel or contractors into the through its subsidiary, WFBN.com, LLC, ADDRESSES: Submit comments in database. Chicago, Illinois, in a joint venture and writing to the Office of the Secretary, Records in this system will include thereby engage in furnishing general Federal Trade Commission, 600 complaint information submitted by economic information and advice and Pennsylvania Avenue, NW, Washington, identity theft victims or on their behalf providing data processing and data DC 20580, ‘‘FTC File No. P994320, by others (e.g., friends or relatives). transmission services, pursuant to §§ Identity Theft Program–Comment.’’ Additional sources of information will 225.28(b)(6) and (14) of Regulation Y. FOR FURTHER INFORMATION CONTACT: Alex include other federal, state and local B. Federal Reserve Bank of New York Tang, Attorney, Office of the General agencies (‘‘data-contributing agencies’’) (Betsy Buttrill White, Senior Vice Counsel, FTC, 600 Pennsylvania and retail businesses that may suspect President) 33 Liberty Street, New York, Avenue, NW, Washington, DC 20580, they are dealing with an individual or New York 10045-0001: (202) 326–2447. For more information entity engaged in identity theft. The 1. The Fuji Bank, Limited, Tokyo, about the Commission’s identity theft FTC will use the system to log and Japan; to establish through Heller program, contact Beth Grossman, (202) acknowledge these complaints, to Financial, Inc., Chicago, Illinois, a joint 326–3019, or Joanna Crane, (202) 326– provide identity theft victims with venture between Heller’s indirect, 3258, Attorneys, Division of Planning & information on how to deal with credit wholly owned subsidiary, Heller Information, Bureau of Consumer or other problems that may result from

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57888 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices identity theft, and to evaluate and refer the three major national consumer 552a(k)(2), and is proposing elsewhere their complaints to appropriate entities. reporting agencies, since such entities in the Federal Register to amend its Until the system is fully established would be in a position to resolve the Privacy Act rules, 16 CFR 4.13, to and operational, data from these complaint by taking investigative or include this system in its list of systems complaints are being compiled and corrective action. covered by that exemption. See 16 CFR maintained in the Commission’s general Another ‘‘routine use’’ is disclosure of 4.13(m). consumer complaint database (FTC–IV– the complaint to other federal, state, or Accordingly, as set forth below, the 1). That database, however, was not local government authorities for law Commission proposes a new system of originally designed to serve the special enforcement or regulatory purposes. records to become effective on the date statutory purpose for which the identity This routine use will allow referral of noted earlier, unless the Commission theft complaint system is being created, complaint data for investigatory amends or revokes the system on the nor was it meant to record or track purposes with or without a specific law basis of any comments received. certain identity theft data that the FTC enforcement request from such Pursuant to 5 U.S.C. 552a(r), the intends to collect with respect to authorities, as would otherwise be Commission is providing notice of this identity theft complaints. Records in the required by the Privacy Act. See 5 proposal to the appropriate committees identity theft complaint system will also U.S.C. 552a(b)(7). It will also allow of the House of Representatives and the be maintained and retrieved according routine disclosure of complaint records, Senate, and to the Office of Management to a somewhat broader category of as needed, to other regulatory agencies and Budget. individuals, as described below. Thus, at the federal, state or local level so they the Commission is treating these have the information they need to FTC±IV±2 complaint systems as separate systems identify methods or patterns of identity SYSTEM NAME: of records for Privacy Act purposes, theft and to develop regulations, even if, as a practical matter, the policies, or other safeguards or remedies Identity Theft Complaint Management information in both systems will reside to help stop or prevent identity theft. System–FTC. on a common relational database and Once the Commission makes an SECURITY CLASSIFICATION: will be compiled and entered into the authorized disclosure of complaint data Not applicable. database by many of the same agency to a company or another government and contractor personnel. agency, complainants should be aware SYSTEM/LOCATION: Despite the sensitive nature of that further disclosures beyond the Federal Trade Commission, 600 identity theft complaint data, the Commission’s control may not be Pennsylvania Avenue, NW, Washington, ITADA does not itself contain any avoidable as a practical or legal matter. DC 20580. Records will be compiled provisions to protect the confidentiality The Commission intends to limit this and centrally maintained at this of the data that the Commission is risk by sharing complaint information location, including any identity theft required to compile. Nonetheless, only under confidentiality agreements complaints that may be initially because these complaints will be that require that the information be used received or collected by the agency’s collected and maintained in a system of only for purposes consistent with the Regional Offices. records pertaining to individuals within ITADA (e.g., resolving the individual’s the meaning of the Privacy Act, such complaint, law enforcement or CATEGORIES OF INDIVIDUALS COVERED BY THE records will be disclosed by the regulation, etc.). SYSTEM: Commission only as authorized by that Similarly, neither the ITADA nor the a. Individuals who communicate with Act. See 5 U.S.C. 552a(b). The Privacy Act prevents a request for the Commission to complain about or to Commission intends that such public disclosure from being filed under request assistance in resolving problems disclosures will include certain the Freedom of Information Act, 5 relating to identity theft, or to request necessary ‘‘routine uses’’ that the U.S.C. 552. Identity theft complaint data information concerning identity theft. Commission has previously published would normally be exempt from b. Individuals who submit their pursuant to subsection (b)(3) of the Act, disclosure under that statute, however, complaints about identity theft to 5 U.S.C. 552a(b)(3), and made generally where such disclosure would constitute another organization that has agreed to applicable to all of its FTC Privacy Act a clearly unwarranted invasion of provide its consumer complaint systems of records (e.g., use in personal privacy, 5 U.S.C. 552(b)(6), or information on identity theft to the government law enforcement litigation, for other reasons. See, e.g., 5 U.S.C. Commission (a ‘‘data-contributing where necessary). See 57 FR 45678 552(b)(7)(A) (investigatory materials that member’’). (1992) (Appendix I). Likewise, identity are compiled for law enforcement c. Individuals who communicate to theft complaint data may also be purposes and, if disclosed, could the Commission on behalf of another incorporated, as appropriate, into other reasonably be expected to interfere with person who is the victim of identity systems of records maintained by the law enforcement proceedings). theft. In such a case, both individuals Commission, such as the Commission’s Because the categories of individuals will be covered. general complaint database (FTC–IV–1, covered by the system may include, d. Individuals who are suspected of cited earlier) or its legal investigatory among others, the target of an identity committing the complained-about files (FTC–I–1), and would be subject to theft complaint, the Commission has identity theft. any ‘‘routine uses’’ applicable to those determined that it is necessary to e. Individuals who, at the time the systems. exempt the system from disclosure to records are added to the system, are The Commission has also identified such individuals for law enforcement Commission employees or contractors certain additional ‘‘routine uses’’ that purposes, even in cases where the assigned to process or respond to are necessary in order to carry out the Commission may choose to make the correspondence or telephone calls. requirements of the ITADA. These complaint file available for review by ‘‘routine uses’’ include referral of the the complainant or other individual CATEGORIES OF RECORDS IN THE SYSTEM: complaint to a company that is the who submitted the information. Thus, a. Personal identifying information subject of the complaint or otherwise the Commission proposes to exempt this about the individual who communicates associated with the complaint, such as system of records under 5 U.S.C. with the Commission or data

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Also indexed by FTC telephone number, fax number, date of data on the number and types of reference number, by name, address, birth, social security or credit card complaints and inquiries about identity and telephone number of company numbers, e-mail address and other theft received by the agency or its data- complained about or otherwise personal information extracted or contributing members. associated with the complaint, by name summarized from the individual’s of other government entity or consumer ROUTINE USES OF RECORDS, INCLUDING complaint. Personal identifying reporting agency, if any, contacted by CATEGORIES OF USERS AND THE PURPOSES OF information about the individual who SUCH USES: consumer in effort to resolve complaint, communicates with the Commission or Records from this system may be by name of FTC office or data- data-contributing agency as a reporting disclosed as permitted by 5 U.S.C. contributing agency receiving individual on behalf of someone else 552a(b), and, as authorized by 5 U.S.C. complaint, by name of Commission staff who was the victim of the identity theft, 552a(b)(3), in accordance with the member or contractor who entered or including, for example, the reporting routine uses announced by the updated the information concerning the individual’s name, address, phone or Commission in Appendix I of its system complaint in the system database, and fax number and e-mail address. notice applicable to all other agency by other categories of retrieval. b. Name, address, telephone number Privacy Act systems of records (57 FR or other information about an individual SAFEGUARDS: 45678). Additional routine uses for suspected of having committed the Paper records of incoming complaints records in this system are as follows, complained-about identity theft. maintained in lockable rooms and provided that no routine use specified c. Name, address, telephone number cabinets; access to computerized records either herein or in Appendix I shall be or other information about a company by electronic security precautions, construed to limit or waive any other that is suspected of having committed including ‘‘user ID’’ and password routine use published for this system: identity theft, is the subject of a combinations and encrypted a. Records may be made available or complaint about how it handled the communications with external law referred on an automatic or other basis alleged incident of identity theft, or is enforcement agencies. Access restricted to a company complained about or associated with the complaint either as to those agency personnel and otherwise associated with the a creditor, debt collector, account issuer, contractors whose responsibilities complaint, which may include the three credit bureau, or in another role require access, or to approved staff major national consumer reporting (hereinafter, ‘‘company complained members of external law enforcement agencies. about or otherwise associated with the b. Records may be made available or agencies who have entered into a complaint’’). This company information, referred on an automatic or other basis confidentiality agreement with the although included in the system, is not to other federal, state, or local Commission. subject to the Privacy Act. government authorities for regulatory or d. Name and reference number of FTC RETENTION AND DISPOSAL: law enforcement purposes. staff member or contractor who entered c. Records may be incorporated, as Letters retained for a minimum of one or updated the complaint information in appropriate, into other systems of year; automated information retained the Identity Theft Complaint records maintained by the Commission, indefinitely. Management System. including the Commission’s consumer SYSTEM MANAGERS AND ADDRESS: complaint database (FTC–IV–1) or its AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Identity Theft Program Manager, legal investigatory files (FTC–I–1), and Federal Trade Commission Act, 15 Division of Planning & Information, subject to the routine uses published for U.S.C. 41 et seq.; section 5 of the Bureau of Consumer Protection, Federal those systems. Identity Theft and Assumption Trade Commission, 600 Pennsylvania Deterrence Act of 1998, 18 U.S.C. 1028 DISCLOSURE TO CONSUMER REPORTING Avenue, NW, Washington, DC 20580. note. AGENCIES: NOTIFICATION PROCEDURE: PURPOSE(S): Identity theft complaints maintained in this system of records may be referred 16 CFR 4.13. Not applicable to the To maintain records of complaints to consumer reporting agencies (and extent the system is exempt under 5 and inquiries concerning identity theft, other appropriate entities) in accordance U.S.C. 552a(k)(2), as discussed below. in order to: enable the Commission to with the Identity Theft and Assumption track and respond to complaints and RECORD ACCESS PROCEDURES: Deterrence Act. inquiries; enable the Commission to 16 CFR 4.13. Not applicable to the refer complaints to appropriate entities, POLICIES AND PRACTICES FOR STORING, extent the system is exempt under 5 which may include referral to the three RETRIEVING, ACCESSING, RETAINING, AND U.S.C. 552a(k)(2), as discussed below. major national consumer reporting DISPOSING OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES agencies and appropriate law STORAGE: : enforcement agencies for potential law Stored in a computer data base 16 CFR 4.13. Not applicable to the enforcement action; provide useful maintained on magnetic disks and tape. extent the system is exempt under 5 information that may lead to or be Paper records stored in file folders. U.S.C. 552a(k)(2), as discussed below. incorporated into law enforcement investigations and litigation or for other RETRIEVABILITY: RECORD SOURCE CATEGORIES: law enforcement purposes (when used Indexed by name, area code, phone Individuals who have complained in connection with law enforcement number, address, state, zip code, social about identity theft and others who may activities, also becomes part of FTC-I–1, security number and date of birth of submit complaints on behalf of such Investigational, Legal and Public consumers who are the victims of individuals; data-contributing agencies; Records); provide useful information identity theft. Also indexed by the companies complained about or that may contribute to regulation and name, area code, phone number, otherwise associated with a complaint.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: Public Scoping Meeting 1. What is the purpose of this 5 U.S.C. 552a(k)(2). See 16 CFR To ensure that all issues relating to bulletin? To provide revised information 4.13(m). This exemption protects the proposed project are identified and for Federal agencies on the disposal of records compiled for law enforcement all potentially significant issues are excess biomedical and IT equipment purposes and is intended to prevent addressed and satisfied in the EIS, with potential Y2K defects. 2. When does this bulletin expire? unauthorized disclosure to a target of public comments and suggestions are This bulletin contains information of a the complaint. The Commission being solicited. To facilitate the receipt continuing nature and will remain in reserves the right to afford, at its of comments, two public Scoping discretion, any individual with effect until canceled or revised. Meetings will be held in Springfield on 3. What is the background? The Y2K notification, access, and contesting Monday, November 15, 1999. The first procedures under the Commission’s technology problem concerns will be held from 3 PM to 5 PM on the computers, computer chips, and rules (16 CFR 4.13) with regard to fifth floor of the Federal Building, 1550 information entered or otherwise software that may not properly Main Street, and the second will be recognize or process dates after submitted by that individual into the from 6 PM to 8 PM on the second floor system. December 31, 1999. In addition, there of the City Hall, 36 Court Street. Public are other specific dates that may be By direction of the Commission. comment concerning the scope of the troublesome, such as , 2000. Donald S. Clark, EIS will be taken at these meetings. This problem may affect the normal Secretary. FOR FURTHER INFORMATION CONTACT: operation of biomedical equipment and [FR Doc 99–28007 Filed 10–25–99; 10:38 am] Kevin J, Richards, Asset Manager, U.S. information technology (IT) equipment. BILLING CODE 6750±01±P General Service Administration, In biomedical equipment used in direct Portfolio Management Division (1 PT), patient treatment, the monitoring of 10 Causeway Street, 9th Floor, Boston, vital patient parameters, or used to MA 02222–1077, Tel: (617) 565–5845, support or sustain life, the Y2K problem GENERAL SERVICES Fax: (617) 565–8650, E-mail: may present a potential risk to public ADMINISTRATION [email protected]. health and safety if not corrected. In Written comments may be mailed to those situations, biomedical device Notice of Intent to Prepare an EIS; MA the informational contact person no failure could injure the patient or later than December 3, 1999. compromise effective patient treatment. The General Services Administration In response to this potential risk, GSA (GSA) intends to prepare an Issued in Boston, Massachusetts on October 20, 1999. is providing guidance to Federal Environmental Impact Statement (EIS) agencies on the disposal of such on the following project: George Klueber, Portfolio Manager, General Service equipment when it becomes excess to New Federal Courthouse, Springfield, Administration, Region 1. their needs. 4. What does this bulletin cover? This Hampden County, Massachusetts [FR Doc. 99–28093 Filed 10–26–99; 8:45 am] bulletin applies to (1) all excess The GSA will serve as lead agency BILLING CODE 6820±01±M biomedical equipment, and (2) all and project sponsor in the preparation excess IT equipment. and filing of an EIS. The proposed 5. Biomedical equipment. a. Where action would involve the construction GENERAL SERVICES ADMINISTRATION can I find information about the Y2K and operation of a new courthouse in status and potential risks posed by Springfield, Massachusetts. Space and [GSA Bulletin FPMR H±78] biomedical equipment? Federal agencies security constraints in the existing should consult the Food and Drug Federal Court facilities located in the Utilization and Disposal Administration’s (FDA’s) website at Federal Building at 1550 Main Street, http://www.fda.gov for general Y2K Springfield have caused the Court to AGENCY: Office of Governmentwide information on biomedical equipment. seek relocation to a new building that Policy, GSA. Federal agencies can find more specific would supply the required space, ACTION: Notice of bulletin. information provided by manufacturers security, and facilities to accommodate of biomedical equipment in the Federal the Court’s current and projected SUMMARY: The attached bulletin Y2K Biomedical Equipment caseload. This action is intended to provides revised information for Federal Clearinghouse (Y2K Clearinghouse) provide approximately 140,000 agencies on the disposal of excess located at http://www.fda.gov/cdrh/ occupiable square feet (13,000 square biomedical equipment and IT yr2000/year2000/html. Federal agencies meters) of space for the various equipment with potential Y2K defects. can also access the Y2K Clearinghouse operations of the Federal Court and FOR FURTHER INFORMATION CONTACT: through the FDA website’s Year 2000 related agencies. Martha Caswell, Personal Property link. The EIS will evaluate a No-Action Management Policy Division, Office of b. How can I determine the Y2K status alternative and a Build alternative Governmentwide Policy, General of the biomedical equipment? involving a preferred site on State Street Services Administration, Washington, Information provided by the original between Elliot Street and Spring Street DC 20405; telephone (202) 501–3846; e- manufacturer is the best source for in Springfield, Massachusetts. It will mail [email protected]. determining the Y2K status of the also evaluate impacts on the affected biomedical equipment under environment, including, but not limited GSA Bulletin FPMR H–78 Utilization and Proposal consideration. to, socioeconomics, hazardous c. Where can I find manufacturer materials, traffic/transportation, land TO: Heads of Federal agencies information? Please consult the FDA use, urban design/neighborbood SUBJECT: Disposal of Year 2000 (Y2K) Y2K Clearinghouse website or contact character, historic/cultural resources, Noncompliant Biomedical the manufacturer directly. noise, air quality, environmental justice, Equipment and Information d. How do I use Y2K information and cumulative impacts. Technology (IT) Equipment when disposing of excess biomedical

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57891 equipment? Use the manufacturer’s 101–45.902–2(a)(2). Destruction means procedures as described in FPMR 101– information, with the assistance of your the rendering of biomedical equipment 43.3, 101–44.2 and 101–45.3. biomedical engineers/technicians, to completely inoperable for its intended 10. Whom should I contact for further determine the Y2K status of equipment purpose. Actions such as cutting, information? Martha Caswell, Personal and label the biomedical equipment as: tearing, crushing, breaking, burning, etc. Property Management Policy Division, (1) Y2K compliant; will accomplish rendering inoperable. Office of Governmentwide Policy, (2) Y2K noncompliant; or e. Do I need to be concerned about General Services Administration, (3) Y2K status unknown. Y2K noncompliant biomedical Washington, DC 20405; telephone (202) 6. How do I dispose of biomedical equipment not mentioned under 501–3846; e-mail equipment that is Y2K compliant? If ‘‘Computer-Controlled Potentially High- [email protected]. Y2K compliant, identify excess Risk Medical Devices?’’ Yes. Evaluate 11. Cancellation. FPMR Bulletin H–76 biomedical equipment as ‘‘Y2K other Y2K noncompliant biomedical dated August 4, 1999, is canceled. compliant’’ on the equipment itself and equipment for associated risks. Using Dated: October 21, 1999. on the excess reporting document (SF the manufacturer’s information, and G. Martin Wagner, with assistance from your biomedical 120). Dispose of such equipment Associate Administrator for Governmentwide through normal disposal procedures engineers/technicians, assess whether or Policy. not the equipment, if used without a described in FPMR 101–43.3, 101–44.2, [FR Doc. 99–28004 Filed 10–26–99; 8:45 am] and 101–45.3. Federal agencies modification to address the date BILLING CODE 6820±24±M obtaining excess Y2K compliant problem, will endanger public health or biomedical equipment must reflect the safety, or the environment (i.e., can be ‘‘Y2K compliant’’ status on all inventory deemed ‘‘extremely hazardous’’). If control documentation pertaining to judged to be ‘‘extremely hazardous,’’ DEPARTMENT OF HEALTH AND such equipment. dispose of in accordance with paragraph HUMAN SERVICES 7. Y2K noncompliant biomedical 7.d. equipment. a. What should I consider f. What if I judge the Y2K Food and Drug Administration before I dispose of biomedical noncompliant biomedical equipment, of equipment that is not Y2K compliant? any type, to be non-hazardous? You [Docket No. 99N±1392] Before you proceed with disposal, must identify it as ‘‘Y2K noncompliant’’ consider two questions: First, what is on the equipment itself and on the Agency Information Collection the potential risk posed by the excess reporting document (SF 120) and Activities; Announcement of OMB equipment? And second, does the dispose of it through normal disposal Approval; State Enforcement equipment meet the criterion for procedures described in FPMR 102– Notification ‘‘extremely hazardous’’ property’’ as 43.3, 102–44.2 and 101–45.3. Federal defined in paragraph 7.c.? agencies obtaining excess Y2K AGENCY: Food and Drug Administration, b. How can I determine what types of noncompliant biomedical equipment HHS. Y2K noncompliant biomedical must reflect the ‘‘Y2K noncompliant’’ ACTION: Notice. equipment pose the greatest potential status on all inventory control risk? Use the information found under documentation pertaining to such SUMMARY: The Food and Drug ‘‘Computer-Controlled Potentially High- equipment. Administration (FDA) is announcing Risk Medical Devices’’ on the FDA 8. How do I dispose of biomedical that a collection of information entitled website to help you identify biomedical equipment when the Y2K status is ‘‘State Enforcement Notification’’ has equipment having the greatest potential unknown? You may not transfer excess been approved by the Office of for presenting a risk to patients if used biomedical equipment when the Y2K Management and Budget (OMB) under with an uncorrected date problem. status cannot be determined. If the Y2K the Paperwork Reduction Act of 1995. Note: The FDA website is not all-inclusive. status cannot be determined, the FOR FURTHER INFORMATION CONTACT: See paragraph 7.e. for the disposal of Y2K holding agency must destroy the Peggy Schlosburg, Office of Information noncompliant biomedical equipment not equipment in accordance with FPMR Resources Management (HFA–250), mentioned on the ‘‘Computer-Controlled 101–45.902–2(a)(2). Food and Drug Administration, 5600 Potentially High-Risk Medical Devices’’ list. 9. IT equipment. a. How do I define Fishers Lane, Rockville, MD 20857, c. What is ‘‘extremely hazardous’’ ‘‘IT’’ equipment? ‘‘IT’’ is any equipment 301–827–1223. biomedical equipment? ‘‘Extremely or interconnected system or subsystem SUPPLEMENTARY INFORMATION: In the hazardous,’’ in this instance, is Y2K of equipment that is used in the Federal Register of , 1999 (64 noncompliant biomedical equipment automatic acquisition, storage, FR 46204), the agency announced that that is judged by the holding agency to manipulation, management, movement, the proposed information collection had pose a potential risk by endangering control, display, switching, interchange, been submitted to OMB for review and public health or safety, or the transmission, or reception of data or clearance under 44 U.S.C. 3507. An environment, if not rendered harmless information. agency may not conduct or sponsor, and (i.e., made Y2K compliant) before being b. Do I also report the status of IT a person is not required to respond to, used by other agencies or released equipment? Yes, all IT equipment must a collection of information unless it outside the Government. also be identified by the holding agency displays a currently valid OMB control d. How do I dispose of Y2K as Y2K compliant, Y2K noncompliant, number. OMB has now approved the noncompliant biomedical equipment or Y2K status unknown. The Y2K status information collection and has assigned that I judge to be ‘‘extremely must be visible on the equipment and OMB control number 0910–0275. The hazardous?’’ If not made Y2K all excess reporting documents. approval expires on , 2002. A compliant, you must destroy Y2K c. What disposal procedures do I copy of the supporting statement for this noncompliant biomedical equipment following for IT equipment? IT information collection is available on that is extremely hazardous to render it equipment, of any status, will be the Internet at http://www.fda.gov/ innocuous, in accordance with FPMR disposed of through normal disposal ohrms/dockets.

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Dated: October 20, 1999. DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug William K. Hubbard, HUMAN SERVICES Administration (FDA) is announcing Senior Associate Commissioner for Policy, that a proposed collection of Planning and Legislation. Food and Drug Administration information has been submitted to the [FR Doc. 99–27974 Filed 10–26–99; 8:45 am] [Docket No. 99N±1522] Office of Management and Budget (OMB) for emergency processing under BILLING CODE 4160±01±F Agency Information Collection the Paperwork Reduction Act of 1995 Activities; Announcement of OMB (the PRA). The proposed collection of DEPARTMENT OF HEALTH AND Approval; Temporary Marketing Permit information concerns a survey of food HUMAN SERVICES Applications manufacturing facilities for Year 2000 compliance. AGENCY: Food and Drug Administration, Food and Drug Administration HHS. DATES: Submit written comments on the ACTION: Notice. collection of information by November [Docket No. 99N±1393] 1, 1999. SUMMARY: The Food and Drug ADDRESSES: Submit written comments Agency Information Collection Administration (FDA) is announcing on the collection of information to the Activities; Announcement of OMB that a collection of information entitled Office of Information and Regulatory Approval; State Petitions for ‘‘Temporary Marketing Permit Affairs, OMB, New Executive Office Exemption from Preemption Applications’’ has been approved by the Bldg., 725 17th St. NW., rm. 10235, Office of Management and Budget Washington, DC 20503, Attn: Desk AGENCY: Food and Drug Administration, (OMB) under the Paperwork Reduction Officer for FDA. All comments should HHS. Act of 1995. be identified with the docket number FOR FURTHER INFORMATION CONTACT: found in brackets in the heading of this ACTION: Notice. Peggy Schlosburg, Office of Information document. Resources Management (HFA–250), SUMMARY: The Food and Drug FOR FURTHER INFORMATION CONTACT: Food and Drug Administration, 5600 Administration (FDA) is announcing Peggy Schlosburg, Office of Information Fishers Lane, Rockville, MD 20857, Resources Management (HFA–250), that a collection of information entitled 301–827–1223. ‘‘State Petitions for Exemption from Food and Drug Administration, 5600 SUPPLEMENTARY INFORMATION: In the Preemption’’ has been approved by the Fishers Lane, Rockville, MD 20857, Federal Register of August 31, 1999 (64 301–827–1223. Office of Management and Budget FR 47508), the agency announced that SUPPLEMENTARY INFORMATION: Section (OMB) under the Paperwork Reduction the proposed information collection had Act of 1995. 705(b) of the Federal Food, Drug, and been submitted to OMB for review and Cosmetic Act (21 U.S.C. 375(b)) permits FOR FURTHER INFORMATION CONTACT: clearance under 44 U.S.C. 3507. An the Secretary of Health and Human Peggy Schlosburg, Office of Information agency may not conduct or sponsor, and Services (the Secretary) to disseminate Resources Management (HFA–250), a person is not required to respond to, information regarding food, drugs, Food and Drug Administration, 5600 a collection of information unless it devices, and cosmetics in situations Fishers Lane, Rockville, MD 20857, displays a currently valid OMB control involving in the opinion of the Secretary 301–827–1223. number. OMB has now approved the imminent danger to health, or gross information collection and has assigned deception of the consumer. FDA has SUPPLEMENTARY INFORMATION: In the OMB control number 0910–0133. The Federal Register of August 20, 1999 (64 requested emergency processing of this approval expires on October 31, 2002. A proposed collection of information FR 45554), the agency announced that copy of the supporting statement for this under the PRA (44 U.S.C. 3507(j) and 5 the proposed information collection had information collection is available on CFR 1320.13). FDA is requesting certain been submitted to OMB for review and the Internet at http://www.fda.gov/ information, i.e., manufacturer, food clearance under 44 U.S.C. 3507. An ohrms/dockets. products produced, etc., immediately to agency may not conduct or sponsor, and Dated: October 20, 1999. allow for the assessment of their a person is not required to respond to, William K. Hubbard, vulnerability to Year 2000 problems and a collection of information unless it Senior Associate Commissioner for Policy, to take corrective actions, if necessary, displays a currently valid OMB control Planning and Legislation. in advance of January 1, 2000. The number. OMB has now approved the [FR Doc. 99–27978 Filed 10–26–99; 8:45 am] potential existence of Year 2000 information collection and has assigned BILLING CODE 4160±01±F problems in the food industry could OMB control number 0910–0277. The pose potentially serious health and approval expires on October 31, 2002. A safety consequences. The use of normal copy of the supporting statement for this DEPARTMENT OF HEALTH AND clearance procedures would prolong the information collection is available on HUMAN SERVICES time needed to assess Year 2000 the Internet at http://www.fda.gov/ compliance by regulated industry. ohrms/dockets. Food and Drug Administration FDA invites comments on: (1) Dated: October 20, 1999. [Docket No. 99N-4397] Whether the proposed collection of information is necessary for the proper William K. Hubbard, Agency Emergency Processing performance of FDA’s functions, Senior Associate Commissioner for Policy, Request Under OMB Review; Survey of including whether the information will Planning and Legislation. Food Manufacturing Facilities for Year have practical utility; (2) the accuracy of [FR Doc. 99–27975 Filed 10–26–99; 8:45 am] 2000 Compliance FDA’s estimate of the burden of the BILLING CODE 4160±01±F AGENCY: Food and Drug Administration, proposed collection of information, HHS. including the validity of the methodology and assumptions used; (3) ACTION: Notice. ways to enhance the quality, utility, and

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TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1

Annual No. of Respondents Frequency per Total Annual Hours per Total Hours Response Responses Response

250 1 250 1 250 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA establishment inventory lists Drug Administration, 200 C St. SW., ACTION: Notice. were used to determine the number of Washington, DC 20204, 202–418–3091. firms who would be subject to this SUPPLEMENTARY INFORMATION: In a notice SUMMARY: The Food and Drug collection. FDA estimates that it will published in the Federal Register of Administration (FDA) is publishing two take firms an average of 2 hours to August 3, 1995 (60 FR 39753), FDA related guidance documents entitled collect, prepare, and submit the announced that a food additive petition ‘‘Guidance for Industry: Reducing requested information. (FAP 5B4467) had been filed by Ciba- Microbial Food Safety Hazards for Dated: October 20, 1999. Geigy Corp., Seven Skyline Dr., Sprouted Seeds’’ and ‘‘Guidance for William K. Hubbard, Hawthorne, NY 10532. The petition Industry: Sampling and Microbial Testing of Spent Irrigation Water During Senior Associate Commissioner for Policy, proposed to amend the food additive Planning and Legislation. regulations in § 178.2010 Antioxidants Sprout Production.’’ These guidances are intended to provide [FR Doc. 99–27977 Filed 10–26–99; 8:45 am] and/or stabilizers for polymers (21 CFR 178.2010) to provide for the safe use of recommendations to suppliers of seed BILLING CODE 4160±01±F poly[[6-[(1,1,3,3- for sprouting and sprout producers tetramethylbutyl)amino]-s-triazine-2,4- about how to reduce microbial food DEPARTMENT OF HEALTH AND diyl] [2,2,6,6-tetramethyl-4- safety hazards common to the HUMAN SERVICES piperidyl)imino] production of raw sprouts to ensure that hexamethylene[(2,2,6,6-tetramethyl-4- sprouts are not a cause of foodborne Food and Drug Administration piperidyl)imino]], as a light stabilizer in illness and to ensure that they comply polymers used as an indirect food with the food safety provisions of the [Docket No. 95F±0187] additive. Ciba Specialty Chemicals Federal Food, Drug, and Cosmetic Act Corp., has now withdrawn the petition (the act). The first guidance is based Ciba Specialty Chemicals Corp.; without prejudice to a future filing (21 largely on recommendations from the Withdrawal of Food Additive Petition CFR 171.7). National Advisory Committee for Dated: October 12, 1999. Microbiological Criteria for Food’s AGENCY: Food and Drug Administration, report entitled ‘‘Microbial Safety Alan M. Rulis, HHS. Evaluations and Recommendations on Director, Office of Premarket Approval, ACTION: Notice. Sprouted Seeds’’ (the 1999 NACMCF Center for Food Safety and Applied Nutrion. report) (Ref.1). The second guidance is SUMMARY: The Food and Drug [FR Doc. 99–27976 Filed 10–26–99; 8:45 am] intended to assist sprouters in Administration (FDA) is announcing the BILLING CODE 4160±01±F implementing one of the principle withdrawal, without prejudice to a recommendations (i.e., microbial future filing, of a food additive petition testing) in the broader sprout guidance. (FAP 5B4467) (filed by Ciba Specialty DEPARTMENT OF HEALTH AND Chemicals Corp.; formerly named Ciba- HUMAN SERVICES DATES: Written comments may be Geigy Corp.) proposing that the food submitted at any time, however, additive regulations be amended to Food and Drug Administration comments should be submitted by provide for the safe use of poly[[6- [Docket Nos. 99D±4488 and 99D±4489] December 13, 1999, to ensure adequate [(1,1,3,3-tetramethylbutyl)amino]-s- consideration in preparation of revised triazine-2,4-diyl] [2,2,6,6-tetramethyl-4- Guidance for Industry: Reducing documents, if warranted. Microbial Food Safety Hazards for piperidyl)imino] hexamethylene ADDRESSES: Submit written requests for [(2,2,6,6-tetramethyl-4-piperidyl)imino]] Sprouted Seeds and Guidance for Industry: Sampling and Microbial single copies of the guidance entitled as a light stabilizer in polymers used as ‘‘Guidance for Industry: Reducing indirect food additives. Testing of Spent Irrigation Water During Sprout Production Microbial Food Safety Hazards for FOR FURTHER INFORMATION CONTACT: Sprouted Seeds’’ and/or the guidance Julius Smith, Center for Food Safety and AGENCY: Food and Drug Administration, entitled ‘Guidance for Industry: Applied Nutrition (HFS–215), Food and HHS. Sampling and Microbial Testing of

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Spent Irrigation Water During Sprout and have led to a significantly better disinfection treatments (such as 20,000 Production’’ to the Office of Plant and understanding of the microbial ecology parts per million of calcium Dairy Foods and Beverages (HFS–306), of sprout-associated foodborne illness, hypochlorite in water) is likely to Center for Food Safety and Applied not all industry segments have been reduce the level of contamination if Nutrition, Food and Drug reached. Traceback investigations reveal present in or on seeds and, in turn, Administration, 200 C St. SW., that most of the firms associated with reduce the risk of foodborne illness from Washington, DC 20204, 202–205–4200. recent outbreaks were not using the consumption of sprouted seed. Send one self-adhesive label to assist approved seed disinfection treatments, However, current approved treatments that office in processing your request. or were not using them consistently, do not guarantee total elimination of The guidances are attached to this and were not testing for microbial pathogens. If even a few pathogens notice as appendixes 1 and 2 and are contamination during sprout survive a seed disinfection treatment, also accessible via the FDA home page production. Although currently they can grow to high levels during on the Internet: http://www.fda.gov. approved treatments can significantly sprouting and contaminate the entire Submit written comments on the final reduce pathogen levels in or on seeds, batch. Therefore, although seed guidance(s) to the Dockets Management they have not been shown to completely disinfection treatment is recommended, Branch (HFA–305), 5630 Fishers Lane, eliminate pathogens (Ref. 1). microbial testing of spent irrigation rm. 1061, Rockville, MD 20852. Consequently, outbreaks continue to water from each batch or production lot FOR FURTHER INFORMATION CONTACT: occur. of sprouts should also be conducted to Michelle A. Smith, Center for Food On , 1999, FDA issued a prevent contaminated product from Safety and Applied Nutrition (HFS– consumer advisory advising all entering the food supply. 306), Food and Drug Administration, consumers to be aware of the risks In addition, FDA is issuing ‘‘Guidance 200 C St. SW., Washington, DC 20204, associated with eating any variety of to Industry: Sampling and Microbial 202–205–2975, FAX: 202–205–4422, e- raw sprouts, and advising persons at Testing of Spent Irrigation Water During mail: [email protected]. high risk of developing serious illness Sprout Production’’ (the microbial SUPPLEMENTARY INFORMATION: due to foodborne disease (children, the testing guidance). This guidance is elderly, and persons with weakened designed to assist sprouters in designing I. Background immune systems) not to eat raw sprouts a microbial testing program to ensure Since 1995, raw sprouts have been (Ref. 3). This advisory is updated from adulterated product does not enter increasingly implicated in foodborne a previous advisory issued August 31, commerce. Specifically, this guidance outbreaks. Between January 1995 and 1998 (Ref. 4), and was prompted by recommends testing spent irrigation May 1999, there were 11 reported information from clover and alfalfa water from each individual batch or outbreaks in the United States sprout-associated salmonellosis production lot of sprouts for two associated with sprouts from outbreaks that occurred from January pathogens, E. coli O157:H7 and commercial growers, 9 of which were 1999 through May 1999. Salmonella. The microbial testing due to various Salmonella serotypes and guidance also provides instructions for II. Guidance 2 to Escherichia coli O157. The number the sampling and testing of sprouts for of culture-confirmed cases in each of In 1997, FDA asked the National those instances when it is not possible these outbreaks ranged from 8 to more Advisory Committee for Microbiological to test spent irrigation water. However, than 500, and more than 1,300 cases Criteria for Food (NACMCF) to : (1) sprouts should not be tested in lieu of have been reported overall (Ref. 1). Review the current literature on sprout- irrigation water when spent irrigation Alfalfa and clover sprouts have been associated outbreaks, (2) identify the water is available. implicated most often, but, because all organisms and production practices of Sprouters should be aware that the kinds of sprouts are produced under greatest public health concern, (3) microbial testing program described in similar conditions, all raw (uncooked) prioritize research needs, and (4) this guidance involves a number of sprouts may pose a risk. In all of the provide recommendations on hazards. Microbial test procedures reported outbreaks, the likely source of intervention and prevention strategies. should only be run by qualified the pathogen was contaminated seed. On , 1999, NACMCF adopted a personnel, in a qualified independent However, in a large 1996 Salmonella report entitled ‘‘Microbial Safety laboratory that is separate from food Montevideo/Meleagridis outbreak, poor Evaluations and Recommendations on production areas. Additional criteria for sanitation and unhygienic practices at Sprouted Seeds’’ (Ref. 1). laboratories performing these tests are the sprouting facility may also have FDA is now issuing ‘‘Guidance to provided in the microbial testing contributed to the contamination of Industry: Reducing Microbial Food guidance. sprouts (Ref. 1). Safety Hazards for Sprouted Seeds’’ (the As more effective treatments or other Sprouted seeds represent a food safety sprout guidance). This guidance food safety controls are identified and problem because the conditions under incorporates some of the implemented, the current which sprouts are produced (time, recommendations made by the 1999 recommendation to test spent irrigation temperature, water activity, pH, and NACMCF report. The guidance water from each batch of sprouts nutrients) are ideal for the exponential identifies the most important steps, e.g., produced may be changed, e.g., to growth of bacteria. If bacterial pathogens use of good agricultural practices (Ref. periodic microbial testing as a tool for are present on or in the seed, sprouting 5), seed disinfection treatment, and validating the effectiveness of food conditions are likely to encourage their microbial testing, which the agency safety systems. proliferation (Ref. 2). believes should be implemented These guidance documents do not FDA and other public health officials immediately to reduce the risk of raw provide detailed information on all are working with industry to identify sprouts as a vehicle for foodborne individual steps that should be followed and implement production practices to illness and to ensure that sprouts in the production of seeds and sprouts. ensure that seed and sprouted seed are comply with the Food Safety Provision References and resources for assistance produced under conditions that are safe. of the act (21 U.S.C. 301–397). are listed at the end of this notice and While these efforts have improved food As noted in the sprout guidance, in the broader sprout guidance. Other safety awareness within the industry routine use of approved seed materials, in the form of further

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57895 guidance, educational videos, etc. will Microbiological Safety Evaluations and recommendations identify the be made available, as appropriate. For Recommendations on Sprouted Seeds, http:/ preventive controls that the Food and ∼ example, FDA and the California /vm.cfsan.fda.gov/ mow/sprouts2.html. Drug Administration (FDA) believes Department of Health Services, Food 2. National Advisory Committee on should be taken immediately to reduce and Drug Branch, in cooperation with Microbiological Criteria for Foods, 1999b. the risk of raw sprouts serving as a Microbiological Safety Evaluations and industry, are producing a Recommendations on Fresh Produce. Food vehicle for foodborne illness and ensure comprehensive educational video Control, 10:117–143. sprouts are not adulterated under the outlining sprout specific practices, in a 3. FDA, 1999, Press Release—Consumers food safety provisions of the Food, Drug, number of areas, including those Advised of Risks Associated With Raw and Cosmetic Act (the act). Failure to practices recommended in this Sprouts, P99–13, http://www.fda.gov/bbs/ adopt effective preventive controls can guidance. The agency expects the video topics/NEWS/NEW00684.html. be considered insanitary conditions to be available in early 2000. 4. FDA, 1998, Talk Paper—Interim which may render food injurious to The guidance documents (see Advisory on Alfalfa Sprouts, T98–47. health. Food produced under such appendixes 1 and 2) represent FDA’s 5. FDA, 1998, Guidance for Industry— conditions is adulterated under the act Guidance to Minimize Microbial Food Safety (21 U.S.C. 342(a)(4)). FDA will consider current thinking on prevention of Hazards for Fresh Fruits and Vegetables, microbial hazards in sprouted seeds. http://www.foodsafety.gov/∼dms/ enforcement actions against any party They do not create or confer any rights prodguid.html. who does not have effective preventive for or on any person and do not operate controls in place, in particular, to bind FDA or the public. An IV. Comments microbial testing. alternative approach may be used if FDA is soliciting public comments, These recommendations are based on such approach satisfies the requirement but is implementing this guidance the recommendations of the National of applicable statutes and regulations. document immediately because of Advisory Committee on Microbiological Following the recommendations in this continuing foodborne illness outbreaks Criteria for Foods (NACMCF, 1999) and guidance will not shield any person or associated with consumption of raw elaborate on Compliance Policy Guide any food from appropriate enforcement sprouts. Interested persons may, at any 7120.28 (CPG 7120.28). under the act if adulterated food is time, submit written comments on the Seed Production: Seeds for sprout distributed in interstate commerce. The guidance documents to the Dockets production should be grown under good guidances are being distributed in Management Branch (address above). agricultural practices (GAPs) in order to accordance with FDA’s policy for Level Two copies of any comments are to be minimize the likelihood that they will 1 guidance documents as set out in the submitted except that individuals may contain pathogenic bacteria. For more agency’s Good Guidance Practices, submit one copy. Comments should be information on GAPs, see FDA’s 1998 published in the Federal Register of identified with the appropriate docket ‘‘Guidance for Industry: Guide to , 1997 (62 FR 8961). numbers found in brackets on each Minimize Microbial Food Safety FDA believes this guidance and guidance document. A copy of the Hazards for Fresh Fruits and current education and outreach efforts guidance documents and comments Vegetables’’. Copies of this guidance are will have a significant positive impact received may be seen in the office above available on the internet (http:// on those industry segments that still between 9 a.m. and 4 p.m., Monday www.foodsafety.gov/dms/ prodguid.html) or by calling the number need tools to make a safer product. The through Friday. agency will closely monitor the safety of listed in the references and resources at Dated: October 21, 1999. sprouts and the adoption of enhanced the end of this guidance. prevention practices as set out in this Margaret M. Dotzel, Seed Conditioning, Storage, and guidance. Acting Associate Commissioner for Policy. Transportation: Seeds that may be used Failure to adopt effective preventive The text of the guidances follows: for sprouting should be conditioned, controls can be considered insanitary GUIDANCE FOR INDUSTRY - stored, and transported in a manner that conditions which may render food minimizes the likelihood that the seeds REDUCING MICROBIAL FOOD SAFETY HAZARDS will be contaminated with pathogens. injurious to health. Food produced FOR SPROUTED SEEDS1 under such conditions is adulterated For example, seed should be stored in under the act (section 402(a)(4) (21 [Docket No. 99D±4488] closed or covered containers in a clean All parties involved in the production U.S.C. 342(a)(4))). FDA will consider dry area dedicated to seed storage. of sprouts—seed producers, seed enforcement actions against seed and Containers should be positioned off the conditioners, and distributors, and sprout producers who do not have floor and away from walls to reduce the sprout producers—should be aware that effective preventive controls in place, in possibility of contamination by rodents seeds and sprouted seeds have been particular, effective microbial testing. or other pests and to facilitate regular On December 27, 1999, FDA plans to recognized as an important cause of monitoring for pest problems. initiate a national field assignment, foodborne illness. The following Sprout Production: Sprouters should sending investigators to sprouting implement appropriate practices to 1 This guidance has been prepared by the Office ensure that sprouts are not produced in facilities to test water used to grow of Plant and Dairy Foods and Beverages in the sprouts (i.e., spent irrigation water) and violation of the act which prohibits the Center for Food Safety and Applied Nutrition at the production of food under insanitary to assess the level of adoption of Food and Drug Administration. This guidance preventive controls. represents the agency’s current thinking on conditions which may render food reducing microbial food safety hazards for sprouted injurious to health (21 U.S.C. 342(a)(4)). III. References seeds. It does not create or confer any rights for or In addition to seed treatment and testing on any person and does not operate to bind FDA The following references are on or the public. An alternative approach may be used for pathogens (see below), sprouters display in the Dockets Management if such approach satisfies the requirements of the should maintain facilities and Branch (address above) and may be seen applicable statute and regulations. Following the equipment in a condition that will recommendations in this guidance will not shield protect against contamination. Facilities by interested persons between 9 a.m. any person or any food from appropriate and 4 p.m., Monday through Friday. enforcement under the Federal Food, Drug, and with poor sanitation can significantly 1. National Advisory Committee on Cosmetic Act if adulterated food is distributed in increase the risk of contaminating Microbiological Criteria for Foods, 1999a. interstate commerce. product. Sprouters should employ good

VerDate 12-OCT-99 16:47 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm04 PsN: 27OCN1 57896 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices sanitation practices as a standard Traceback: Traceback cannot prevent GUIDANCE FOR INDUSTRY - operating procedure to maintain control a foodborne illness outbreak from SAMPLING AND MICROBIAL TESTING OF SPENT throughout all stages of sprout occurring. However, being able to trace IRRIGATION WATER production. Inadequate water quality a food back to it’s source quickly can DURING SPROUT PRODUCTION4 and poor health and hygienic practices limit the public health and economic [Docket No. 99D±4489] can all increase the risk of food impacts of an outbreak, if it occurs. Introduction becoming contaminated with pathogens. Information gained in traceback Sprouters may wish to review 21 CFR investigations may also help prevent Raw sprouts have been associated Part 110 which sets forth good future outbreaks. Sprout producers, seed with at least eleven foodborne illness manufacturing practices (GMPs) in producers, conditioners and distributors outbreaks since 1995. FDA and other manufacturing, packaging, or holding should develop and implement systems public health officials are working with human food that cover these aspects of to facilitate traceback and recalls in the industry to identify and implement food production. event of a problem. All parties should production practices that will assure Seed Treatment: Seeds for sprouting test their systems in advance of a real that seed and sprouted seed are should be treated with one or more problem. produced under safe conditions. While these efforts have improved food safety treatments (such as 20,000 ppm calcium References and resources: 2 awareness within the industry and have hypochlorite ) that have been approved 1. Food and Drug Administration. 1982. for reduction of pathogens in seeds or led to a significantly better Compliance Policy Guide Sec. 555.750 Seeds understanding of the microbial ecology sprouts. Some treatments can be applied for Sprouting Prior to Food Use, i.e., Dried at the sprouting facility while others Mung Beans, Alfalfa Seeds, etc. (CPG 7120.28 of sprout-associated foodborne illness, will have to be applied earlier in the ) can be viewed and printed from the WWW not all industry segments have been seed production process. However, at at the following address http://www.fda.gov/ reached and outbreaks continue to least one approved antimicrobial ora/compliance—ref/cpg/cpgfod/cpg555– occur. Consequently, FDA released a treatment should be applied 750.html guidance document, entitled ‘‘Guidance immediately before sprouting3. 2. Food and Drug Administration. 1998. for Industry: Reducing Microbial Food Guidance for Industry—Guide to Minimize Sprouters should carefully follow all Safety Hazards for Sprouted Seed’’ (the Microbial Food Safety Hazards for Fresh ‘‘sprout guidance’’). The sprout label directions when mixing and using Fruits and Vegetables can be viewed and guidance identifies a number of areas, antimicrobial chemicals. printed from the WWW at the following from the farm to the sprout facility, Testing for Pathogens: Because address http://www.foodsafety.gov/dms/ where FDA believes immediate steps currently approved antimicrobials have prodguid.html or may be obtained by calling should be taken to reduce the risk of not been shown to be capable of 202–401–9725. sprouts serving as a vehicle for eliminating all pathogens from seed, 3. Food and Drug Administration, 1999. foodborne illness and to ensure that sprout producers should conduct Press Release—Consumers Advised of Risks sprouts are not adulterated under the microbiological testing of spent Associated with Raw Sprouts. P99–13. http:/ Food, Drug, and Cosmetic Act (the act). irrigation water from each production /www.fda.gov/bbs/topics/NEWS/ NEW00684.html Specific recommendations in the sprout lot to ensure that contaminated product 4. FDA, 1999. ‘‘Guidance for Industry: guidance include: development and is not distributed. Because testing for Sampling and Microbial Testing of Spent implementation of good agricultural pathogens can be done with irrigation Irrigation Water During Sprout Production’’ practices and good manufacturing water as early as 48 hours into what is can be viewed and printed from the WWW practices in the production and generally a 3 to 10 day growing period, at http://vm.cfsan.fda.gov handling of seeds and sprouts, seed producers who plan accordingly can 5. National Advisory Committee on disinfection treatments, and microbial Microbiological Criteria for Foods. 1999a. obtain test results before shipping testing before product enters the food product without losing product shelf- Microbiological Safety Evaluations and Recommendations on Sprouted Seeds. http:/ supply. life. Testing, whether done by the The agency will closely monitor the producer or contracted out, should be /vm.cfsan.fda..gov/mow/sprouts2.html 6. National Advisory Committee on safety of sprouts and the adoption of done by trained personnel, in a Microbiological Criteria for Foods. 1999b. enhanced prevention practices as set out qualified laboratory, using validated Microbiological Safety Evaluations and in the sprout guidance. FDA plans to methods. Additional information on Recommendations on Fresh Produce. Food send investigators to sprouting facilities sample collection and microbial testing, Control. 10:117–143. to test water used to grow sprouts (i.e., including how to sample and test 7. Copies of Federal regulations in the spent irrigation water) and assess the sprouts when testing spent irrigation Code of Federal Regulations (CFR) may be adoption of preventive controls. Failure water is not practicable (as may be the purchased from the U.S. Government to adopt effective preventive controls case with soil-grown sprouts), can be Printing Office or by telephone at (202) 512– 1800. The CFR is also available at local can be considered insanitary conditions found in a companion guidance which may render food injurious to document referenced below. branches of U.S. Government Printing Office Bookstores. Information on location of regional branches is available on the WWW 4 This guidance has been prepared by the Office 2 In 1998, the Environmental Protection Agency at the following address: http:// of Plant and Dairy Foods and Beverages in the issued a ‘‘section 18’’ for the temporary use of Center for Food Safety and Applied Nutrition at the 20,000 ppm calcium hypochlorite to disinfect seed vm.cfsan.fda.gov/lrd/ob-reg.html Food and Drug Administration. This guidance for sprouting. In the fall of 1999, the exemption was 8. Sections of the CFR, such as 21 CFR Part represents the agency’s current thinking on renewed for another year. However, in order to 110 Current Good Manufacturing Practices in reducing microbial food safety hazards for sprouted ensure continued availability of this treatment, Manufacturing, Packing, or Holding Human seeds. It does not create or confer any rights for or registrants should be actively pursuing a full Food, can be viewed and printed from the on any person and does not operate to bind FDA registration under section 3 in 2000. WWW at the following address: http:// or the public. An alternative approach may be used 3 Antimicrobials are either pesticides chemicals www.access.gpo.gov/nara/cfr/index.html. if such approach satisfies the requirements of the or food additives, depending on where they are applicable statute and regulations. Following the used. As such their use on seeds for sprouting must Appendix 2—Guidance for Industry: recommendations in this guidance will not shield be approved by EPA or FDA. To find out what Sampling and Microbial Testing of any person or any food from appropriate antimicrobials have been approved by EPA or FDA enforcement under the Federal Food, Drug, and for use on seeds for sprouting, you can call 202– Spent Irrigation Water During Sprout Cosmetic Act if adulterated food is distributed in 418–3098. Production interstate commerce.

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Each additional step in microbial testing. any procedure (sampling or testing) This guidance document, ‘‘Sampling FDA recommends that all testing for introduces a possibility for error. and Microbial Testing of Spent pathogens be conducted in an external, Consequently, sprouts should not be Irrigation Water During Sprout qualified, independent laboratory that tested in place of irrigation water unless Production,’’ is intended to assist should meet several key criteria. First, production methods make it impossible sprouters in implementing one of the the lab should be physically separated to test spent irrigation water. For principal recommendations in the from the food production facility to broader sprout guidance, i.e., that prevent cross-contamination from test example, spent irrigation water may not producers test spent irrigation water for materials. This is especially important be available when sprouts are grown in two pathogens (Salmonella and where the materials used in the soil. [Note: The recommendation to test Escherichia coli O157:H7) before enrichment step required before testing irrigation water does not preclude product enters commerce. Instructions and the positive controls (described adding the testing of sprouts (either are also provided for the sampling and below) can contain pathogens and if not sprouts collected during production or testing of sprouts for those instances properly handled may contaminate finished product), to a food safety plan when it is not possible to test spent sprouts. that includes testing irrigation water.] irrigation water. However, for the Second, the laboratory should be Sampling and testing steps specific to reasons discussed below, sprouts should staffed by personnel with training and sprouts are given in italics and may be not be tested in lieu of irrigation water. experience in analytical microbiology disregarded when testing spent techniques to ensure that tests are irrigation water. Why Test performed correctly and that all Sampling Plan Salmonella and Escherichia coli appropriate safety precautions, O157:H7 have been the major causes of including appropriate waste disposal, Sprouters should have a sampling sprout-associated illness outbreaks. are followed. Third, the laboratory plan in place to ensure the consistent should have appropriate resources and Seeds are the likely source of collection of samples in an appropriate a demonstrable quality management contamination in most of these manner. The following factors should be outbreaks. Routine use of approved seed system. If testing is done by the sprouter, then considered in determining when and disinfection treatments (such as 20,000 how to sample. parts per million of calcium the laboratory facilities, personnel, and hypochlorite in water) is likely to management system should also meet When to Sample reduce the level of contamination if all these criteria to ensure that testing is pathogens are present in or on seeds reliable and does not create food safety Pathogens are most likely to be and, in turn, reduce the risk of hazards. present at detectable levels at or after 48 hours from the start of the sprouting foodborne illness from the consumption Why Sample Irrigation Water of sprouted seed. However, current process. Levels will not necessarily Procedures are provided for testing approved treatments cannot guarantee increase after 48 hours and may decline spent irrigation water and sprouts. total elimination of pathogens. The slightly. Thus, collecting samples for Although each has advantages and same conditions that encourage testing can be done as early as 48 hours disadvantages, FDA is recommending germination and growth of seeds (e.g., after the start of sprouting. If seeds are testing spent irrigation water. presoaked (e.g., soaked in water for a temperature, available moisture, and Spent irrigation water that has flowed nutrients), also encourage the growth of short time and then transferred to over and through sprouts is a good growing units for sprouting), presoak bacterial pathogens. Even if only a few indicator of the types of microorganisms pathogens survive a seed disinfection time should be included in the 48 hour in the sprouts themselves and the minimum. treatment, they can grow to high levels microflora in spent irrigation water is during sprouting and contaminate the fairly uniform. Thus sampling If you are using rapid test kits, entire batch. Therefore, seed procedures for spent irrigation wate are samples may be collected as late as 48 disinfection treatments should be relatively simple. Furthermore, water hours prior to shipping and still provide combined with microbial testing to can be used directly in the test an opportunity for the sprouter to obtain ensure that pathogens are not present procedures described here. The only test results before product enters the before sprouts enter the food supply. potential disadvantage of testing spent food supply. However, early results will As additional food safety controls are irrigation water is that the level of allow a sprouter to take corrective identified and implemented, the current microorganisms recovered in irrigation actions sooner, minimizing the potential recommendation to test irrigation water water is about 1 log less than the level for a contaminated batch of sprouts to from every batch of sprouts produced in sprouts. If pathogens are present in contaminate other production batches. may be changed, e.g., to periodic sprouts at very low levels, it is possible Earlier testing (i.e., 48 hours after the microbial testing as a tool for validating that they might be missed in water but start of sprouting) will also minimize the effectiveness of food safety systems. recovered in sprouts. the time and resources spent on a batch Who Should Perform The Tests Testing the sprouts themselves has of sprouts if a presumptive positive is several significant disadvantages. First, found. If a firm’s action plan includes Sample collection multiple sprout samples must be taken running confirmatory tests on a Sample collection should be done by from different locations in the drum or presumptive positive before discarding personnel that have been trained to trays to ensure that the sample collected product, testing earlier rather than later collect representative samples is representative of the batch. allows more time to run additional tests.

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How to Sample temperature, preferably at 0 to 4.4 °C (32 samples should be collected throughout ° Aseptic procedures are critical to to 40 F). Sealed coolant packs should the entire production lot (e.g., if there avoid contaminating the sample during be used to avoid contamination from are 20 trays in a production lot, collect sample collection, storing the sample(s), melting ice. samples from every other tray in the rack moving from top to bottom, side to and transporting the sample(s) to the What to Sample and How Much to lab. Aseptic sampling procedures, as Collect side, and front to back). Samples should described below, should be part of a be placed directly into a clean, sterile, FDA recommends that a sprouter test prelabeled container. firm’s plan for sample collection. for pathogens by collecting a sample of Equipment used to collect samples spent irrigation water from each 2. Sample Collection for Sprouts should be clean and sterile. Sampling production lot or batch. For purposes of If testing sprouts, thirty-two (32) tools and sample containers may be this guidance, a production lot or batch sample units should be aseptically purchased pre-sterilized. Alternatively, is defined as sprouts from a single lot of collected, approximately 50 grams each, tools and containers may be sterilized at seed that were started at the same time from different locations in the drum or 121 °C (250 °F) for 30 minutes in an in a single growing unit (i.e., a single growing trays. The total sprout sample autoclave prior to use. Heat-resistant, drum or rack of trays). Pooling samples will be approximately 1,600 g (about dry materials may be sterilized in a dry- should be avoided as pooling from 56.48 ounces or 3.53 pounds per heat oven at 140 °C (284 °F) for 3 hours. different production batches may production lot or batch). Sample units The type of sample containers used decrease the sensitivity of the tests by should be collected throughout the will depend on the type of samples diluting the level of pathogens in a entire production lot (e.g., from top to collected but may include pre-sterilized contaminated sample with samples that bottom, side to side, and front to back plastic bags, tubes, cups, and flasks. are not contaminated. Pooling samples of the drum or trays). Each 50 gram Containers should be dry, leak-proof, from different batches also complicates sample unit should be placed directly wide mouthed, and of a size suitable for the interpretation of results. If a into individual clean, sterile, prelabeled the samples. Sample containers should presumptive positive is found, the containers. (Keeping the thirty-two be properly labeled prior to starting sprouter should discard all lots sample units separate will make it easier sample collection. represented by the pooled sample or Sample collectors should wear a clean for the lab to select representative perform additional tests to determine analytical units for microbial analysis lab coat, sterile gloves, and a hair net to which batch(s) are contaminated. insure they do not contaminate the compared to pulling analytical units samples. Hands should be washed 1. Sample Collection for Spent Irrigation from a single 1,600 gram mass of immediately before sampling, and prior Water sprouts.) to putting on sterile gloves. Sterile The volumes given below for spent Microbial Testing gloves should be put on in a manner irrigation water (or sprouts) represent a Testing Procedures that does not contaminate the outside of sufficient sample size to test for both the glove. Gloves should be properly Salmonella and Escherichia coli The testing procedures described in disposed of after use. O157:H7. this guidance are screening tests. They Hands should be kept away from If testing spent irrigation water, 1 liter were chosen to obtain results as simply mouth, nose, eyes, and face while of water (about 2 pints or one quart) and quickly as possible (i.e., to provide collecting samples. should be aseptically collected as the answers in 48 hours or less) on the Sampling instruments should be water leaves a drum or trays during the presence or absence of two major protected from contamination at all irrigation cycle. pathogenic bacteria, i.e., Salmonella and times before and during use. Sampling If sprouts are grown in drums, a single Escherichia coli O157:H7. Formal instruments and samples moved 1 liter sample may be collected. confirmation methods, which take between the sampling site and the If sprouts are grown in trays, and all longer than 48 hours, are described in sample container, should not be passed trays in a production lot have a common the FDA Bacteriological Analytical over the remaining pre-sterilized trough for collecting spent irrigation Manual (published by AOAC instruments. water, a 1 liter sample may be collected International, Gaithersburg, MD). The sterile sample container should at that point. If there is no common The kits identified in this guidance be opened only sufficiently to admit the collection point for water from trays, it are AOAC approved screening tests and/ sample, place the sample directly in the may be necessary to collect water or FDA has experience with their use. container, then immediately closed and samples from individual trays and pool These are also the tests that FDA plans sealed. If collecting samples in a these samples. In this case, a sampling to use as screening tests to monitor container with a lid, the lid and plan should be devised to ensure spent irrigation water at sprouting container should be held in one hand collection of a sample that is facilities. If screening methods, other while collecting the sample. The lid representative of the production lot. than those described here are used, they should NOT be completely removed. When 10 or fewer trays make up a should first be validated either by (The lid should not be held separately production lot, approximately equal formal collaborative studies or by or placed on a counter). volumes of water should be collected comparative studies with standard The sample container should be filled from each of the 10 trays to make a total methods using the specific commodity no more than 3/4 full to prevent sample volume of 1 liter. For example, in question spent irrigation water or overflow. The air from the container collect about 100 ml of water from each sprouts. should not be expelled when sealing, of 10 trays to make a 1 liter sample; Procedures for determining the particularly for plastic bags. Samples or about 125 ml from each of 8 trays; 167 presence or absence of Escherichia coli sampling equipment should not be ml from each of 6 trays, and so on. O157:H7 and Salmonella species using exposed to unfiltered air currents. When more than 10 trays make up a the test kits listed below are provided at Samples should be delivered to the production lot, ten samples should be the end of this guidance. These laboratory promptly. Perishable material aseptically collected, approximately 100 procedures should be performed should be kept at an appropriate ml each from different trays. Again, separate from the food production

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These test kits will subsamples should be analyzed for the recent outbreak investigations have NOT detect pathogens in irrigation presence of Salmonella. Any unused shown that a single contaminated seed water or sprouts if the enrichment step portion of the spent irrigation water lot can result in contamination of is not performed. should be stored under refrigeration multiple production lots of sprouts. In addition, seasonal or regional pending completion of the analysis. Therefore, when a batch of sprouts is differences in water quality, type of seed Sprouts - Thirty-two (32) 50 g analytical considered to be contaminated with a being sprouted, individual sprout units of sprouts should be collected for pathogen, the batch of sprouts, the seed production factors, and variations in analysis. Two (2) of the 50 g analytical lot used to produce the sprouts, and any sampling and analytical conditions may units (25 g subsamples from each) other sprout production lots that were all impact on the effectiveness of the should be analyzed for the presence of made from the same seed lot and that screening tests. Therefore, the lab E. coli O157:H7 and thirty (30) of the 50 are still under control of the sprouter, should periodically run positive g sample units (25 g subsamples from should be discarded. controls (i.e., sprout or water samples to each) should be analyzed for the In addition, anything in the sprouting which a known quantity of pathogens presence of Salmonella. Unused facility that has come into contact with have been added) to ensure the tests portions of the sprout analytical units the contaminated production lot or its used are capable of detecting pathogens should be stored under refrigeration water (e.g., drums, trays, bins, buckets, when they are present in the samples pending completion of the analysis. tool and other sprouting equipment, Sample preparation (stomaching being tested. testing equipment, and other possible sprouts) surfaces, such as floors, drains, walls, Test Kits The procedures in this guidance use a and tables), should be thoroughly blender to prepare sprouts for testing. Escherichia coli O157:H7 cleaned and then sanitized to avoid As an alternative to blending, sprouts 1. VIP EHEC, Biocontrol, Inc., contamination of subsequent batches of may be homogenized in a Stomacher Bellview, WA., (AOAC Official method sprouts. Care must be taken in handling (Model 400). To use a Stomacher, place ι 996.09) contaminated sprouts or water, 25 grams of sprouts in a sterile equipment, and test materials to avoid or Stomacher bag, add 225 ml enrichment accidental exposure to the pathogen(s). 2. Reveal E. coli O157:H7, Neogen broth and process on medium speed for Corp., Lansing, MI. 2 minutes. A) Procedure for the Escherichia coli O157:H7 Rapid Analysis of Spent Salmonella Interpretation of Results and Irrigation Water or Sprouts. 1. Assurance Gold Salmonella EIA, Subsequent Actions (AOAC Official method ι 999.08) I. Test Kits choose one.• VIP EHEC5, Interpreting Results or Biocontrol, Inc., Bellview, WA., or • 2. Visual Immunoprecipitate (VIP) Analyses should be performed in Reveal E. coli O157:H75, Neogen Corp., Assay for Salmonella, (AOAC Official duplicate (two tests for each of the two Lansing, MI. pathogens). When results are negative method # 999.09) II. Equipment and Materials (Both kits are manufactured by for all tests, results are assumed to be BioControl Systems, Inc., 12822 SE correct. When results are positive for 1. 1 Mechanical blender (capable of 32nd Street, Bellevue, WA 98005). one or both tests for either pathogen, the 10,000 to 12,000 rpm) or Stomacher results are considered presumptive and Model 400 (with required stomacher General Laboratory Instructions the grower should either: bags) Prepared Media Storage 1. Consider the presumptive positive 2. Sterile blender jars, with cover, result(s) to be true and take immediate resistant to autoclaving for 60 min at Unless noted otherwise most media can corrective actions, as described below, 121 °C be made in advance and stored at 20– 3. 1 Balance, with weights (2000 g ° ° OR 30 C (68–86 F) in the dark with a shelf 2. Ask the testing laboratory to run capacity, sensitivity of 0.1 g) life of at least one month. Media should confirmatory tests and destroy the batch 4. 1 L Erlenmeyer flask be well wrapped or contained in order only if the confirmatory tests are also 5. 2 Sterile graduated pipettes, 1.0 and to reduce evaporation. positive for the presence of a pathogen. 10.0 ml and pipette aids Equipment Sterilization In considering the second option, 6. Sterile instruments for use in taking Safe and proper operation of sterilizing remember that confirmatory testing and handling of samples (such as autoclaves requires specially trained takes extra time and will lessen the knives, tongs, scissors, spoons, etc.) personnel. The sterilization time is marketable shelf life of the sprouts. (All 7. Sterile culture tubes, 16 x 150mm or typically 121 °C (250 °F) for 15 minutes. product should be held until test results 20 x 150mm Media and Equipment Decontamination are available.) Rapid test kits are for 8. Incubator/shaker platform, 35 + 1 °C Used culture media and test kits should screening ONLY. Confirmatory testing 9. pH meter or test strips be decontaminated by autoclaving should be done using standard methods 10. Fisher or Bunsen burner before disposal. Decontamination in the FDA Bacteriological Analytical 11. Magnetic stirrer and stir bars should be performed in an area that is Manual (Edition 8, Revision A–1998). totally separated from media 5 The enrichment procedure described in this Corrective Actions guidance for the tests for Escherichia coli O157:H7 preparation and sterilization. Trained have been modified by FDA to enhance the ability personnel should be used to properly Each facility should have a corrective of the kits to detect Escherichia coli O157:H7 in decontaminate used media. action plan in place before a positive is spent irrigation water and sprouts.

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12. Sterile syringes 10. Vancomycin (antibiotic) cool, add antibiotic supplements. 13. Sterile 0.2 m filters Instructions for sprouts are given in Preparation of antibiotic stock solutions 14. Distilled water italics. Prepare a stock solution of each III. Ingredients antibiotic (acriflavin, cefsulodin, and Modified Buffered Peptone Water 1. Peptone vancomycin) by dissolving 1000 mg of (mBPW) 2. NaCl each antibiotic in a separate tube Step 1. To make 1000 ml of mBPW, mix 3. Na2HPO4 containing 10.0 ml of distilled water. the following constituents into distilled 4. KH2PO4 Filter-sterilize the solution using a 0.2 m water, stirring to dissolve. For spent 5. Casamino acid filter and syringe. The stock solution irrigation water, prepare double strength 6. Yeast extract may be stored for several months in foil (2X) mBPW, as follows: (If testing 7. Lactose wrapped tubes at 4 C (39.2 C). sprouts, use single strength enrichment 8. Acriflavin (antibiotic) Prepare the modified Buffered Peptone broth base.) 9. Cefsulodin (antibiotic) Water as described below, autoclave,

Modified Buffered Peptone Water (mBPW) Double strength (2X) (For use Single strength Ingredient with spent irri- (1X) (For use gation water) with sprouts)

Peptone 20.0 g 10.0 g NaCl 10.0 g 5.0 g Na2HPO4 7.2 g 3.6 g KH2PO4 3.0 g 1.5 g Casamino acid 10.0 g 5.0 g Yeast extract 12.0 g 6.0 g Lactose 20.0 g 10.0 g Distilled water* 1000 ml 1000 ml *pH 7.2 ± 0.2 (Test pH of distilled water BEFORE adding the ingredients above. If necessary, pH may be adjusted with 1N HCl or 1N NaOH.

Step 2. Sterilize mBPW by autoclaving subsample, add the following filter- sprouts, add the quantity of antibiotics at 121 °C (250 °F) for 15 minutes. sterilized antibiotics to 1000 ml of listed in the column labeled single Remove from autoclave and allow to medium. For spent irrigation water, add strength to the single strength mBPW.) cool until cool to the touch. the quantity of antibiotics listed in the Step 3. Once the medium is cooled and column labeled double strength to the immediately prior to the addition of a double strength (2X) mBPW. (If testing

Antibiotic supplements for mBPW Double strength (2X) (For use Antibiotic Stock Solution with spent irri- Single strength (1X) (For use with sprouts) gation water)

Acriflavin (A) 0.2 ml 0.1 ml Cefsulodin (C) 0.2 ml 0.1 ml Vancomycin (V) 0.16 ml 0.08 ml

IV. Testing - Perform analysis in the 1000 ml sample of spent sprout mBPW+ACV) and blend at 10,000 to duplicate: For microbial testing, irrigation water, aseptically transfer 100 12,000 rpm until homogenized (at least duplicate sub-samples (analytical units) ml of sample into a sterile 1L flask 60 seconds) or stomach for 2 minutes on need to be removed from the sample containing 100 ml of 2X mBPW+ACV. medium setting in a Stomacher Model and placed in enrichment broth. Repeat with second subsample. 400. Transfer sprout homogenate to a 1L Enrichment broth containing sub- Sprouts: Two (2) 50 g analytical units of Erlenmeyer flask. samples are allowed to incubate for a sprouts will be analyzed. From two of period of time, and a small quantity of the thirty-two 50 g analytical units the enrichment broth/sample is applied collected, aseptically remove and weigh to the test kit device. Specific directions out a 25g subsample of sprouts. Transfer follow: each of the 25 gram subsamples of Step 4. sprouts into separate sterile blender jars or sterile stomacher bags. Add 225 ml of Water: Two (2) 100 ml subsamples of single strength enrichment broth with spent irrigation will be analyzed. From added antibiotic supplements (1X

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Step 5. Incubate the enrichment broth/ 10. Sterile pipettes, 1 ml, with 0.01 ml 2. Buffered Peptone Water + novobiocin sample mixtures overnight at 37 °C (98.6 graduations; 5 ml with 0.1 ml (BPW + n) ° F) with shaking at 140 RPM. graduations and 10 ml with 0.1 ml Immediately prior to the addition of a Step 6. Test each enrichment broth graduations and pipette aids 25 g subsample, add 4 ml of 0.1% 11. Inoculating needle and inoculating sample for the presence of E. coli novobiocin solution to each 225 ml loop (about 3 mm id or 10 l), nichrome, O157:H7, using either the VIP EHEC volume of buffered peptone water. device or the Reveal E. coli O157:H7 platinum-iridium, chromel wire, or 6. Trypticase soy broth + novobiocin device. Use 0.1 ml from the inoculated sterile plastic 12. Sterile test or culture tubes, sizes 16 (TSB+n) and incubated mBPW +ACV to x 150 mm and 20 x 150 mm inoculate VIP or 0.12 ml for the Reveal. Suspend 30 g of commercial available 13. Test or culture tube racks Follow the manufacturers instructions trypticase soy broth medium in 1 L of 14. Vortex mixer distilled water. Mix thoroughly. Warm for the inoculation of test kits. 15. Sterile shears, large scissors, scalpel, gently on a temperature controlled hot Step 7. Observe test results within 10 and forceps plate until the medium is dissolved. minutes to avoid possible fading of 16. Fisher or Bunsen burner Dispense in 10 ml aliquots in 20 x 150 bands which could lead to false negative 17. pH test paper (pH range 6–8) with mm tubes and autoclave 15 min. at 121 results. A band in both the test and maximum graduations of 0.4 pH units °C. control chambers is a positive test for per color change contamination. A band in only the 18. Sterile syringe Just prior to sample addition, add 0.1 ml control chamber is a negative test. If a 19. Sterile 0.2 m filters of 0.1% novobiocin solution to each tube containing 10 ml of Trypticase soy band does not appear in the control III. Media and reagents chamber, the test was not done correctly broth. and must be repeated. For preparation of media and reagents, 7. Trypticase soy broth + 2, 4 refer to sections 967.25 to 967.28 in B) Procedure for the Salmonella Rapid dinitrophenol + novobiocin Official Methods of Analysis (published (TSB+DNP+n) Analysis of Spent Irrigation Water (or by AOAC International, Gaithersburg, Sprouts) MD USA). Designations within Suspend 30 g of commercial available I. Test kits choose one parentheses refer to Appendix 3, Media trypticase soy broth medium and 0.1 g • and Reagents, of the Bacteriological of 2, 4 dinitrophenol in 1 L of distilled Assurance Gold Salmonella EIA, or water. Mix thoroughly. Warm gently on • Visual Immunoprecipitate (VIP) Analytical Manual (BAM), Edition 8, Revision A ( also published by AOAC a temperature controlled hot plate until Assay for Salmonella the medium is dissolved. Dispense in 10 Both are manufactured by BioControl International). ml aliquots in 20 x 150 mm tubes and Systems, Inc., (12822 SE 32nd Street, 1. Buffered peptone water autoclave 15 min. at 121 °C (250 °F). Bellevue, WA 98005). For purposes of (commercially available-Oxoid, BBL, or Just prior to sample addition, add 0.1 ml pre-enrichment and selective Difco) of 0.1% novobiocin solution to each enrichment, these test kits provide 2. Buffered peptone water + novobiocin tube containing 10 ml of Trypticase soy different instructions for each of three 3. Tetrathionate (TT) broth (M145) broth + 2, 4 dinitriphenol. types of foods: (a) processed foods, (b) 4. Rappaport-Vassiliadis (RV) medium dried powder processed foods, and (c) (M132) 9. Novobiocin solution, 0.1% raw foods. For the analysis of sprouts 5. Trypticase soy broth (commercially available) Novobiocin, sodium salt 0.1 g and spent irrigation water, use the pre- Distilled water 100 ml enrichment/selective enrichment 6. Trypticase soy broth + novobiocin Dissolve novobiocin in distilled water. procedures described for (c) raw foods. 7. Trypticase soy broth + 2, 4 dinitrophenol + novobiocin Do not autoclave. Sterilize by filtering II. Equipment and materials1. Blender 8. 1 N Sodium hydroxide solution through a 0.2 m filter. Store solution at and sterile blender jars OR Stomacher (NaOH) (R73) 4 °C (39.2 °F), protected from light (e.g. Model 400 with appropriate stomacher 9. 1 N Hydrochloric acid (HCl) (R36) wrap container in aluminum foil). bags. 10. Novobiocin solution, 0.1% Solution can be stored for one week. 2. Sterile, 16 oz (500 ml) wide-mouth, 11. Sterile distilled water IV.Testing screw-cap jars, sterile 500 ml Buffered peptone water (Number 1.), A. Irrigation water-From the 1 L spent Erlenmeyer flasks, sterile 250 ml Buffered peptone water with novobiocin irrigation water sample, two (2) 375 ml beakers, sterile glass or paper funnels of (Number 2), Trypticase soy broth with subsamples will be analyzed for the appropriate size, and, optionally, novobiocin (Number 6) and Trypticase presence of Salmonella. containers of appropriate capacity to soy broth with 2,4 dinitrophenol and accommodate composited samples novobiocin (Number 7), are not 1. Aseptically transfer a 375 ml 3. Balance, with weights; (2000 g included in the BAM. Their preparation subsample directly to a 6 L Erlenmeyer capacity, sensitivity of 0.1 g) is described below. flask containing 3,375 ml BPW + n. Swirl to mix thoroughly. Repeat 4. Balance, with weights; (120 g 1. Buffered Peptone Water (BPW) capacity, sensitivity of 5 mg) procedure with second 375 ml 5. Incubator, 35 °C (95 °F) Dissolve 20 grams of commercially subsample of spent irrigation water. 6. Refrigerated incubator or laboratory available buffered peptone water 2. Allow flasks to stand for 60 min at refrigerator, 4 + 1 °C (39 + 1 °F) medium in 1 liter distilled water. Mix room temperature. Mix well and 7. Water bath, 42 + 0.2 °C (107.6 + 0.2 thoroughly. Dispense 225 ml portions determine pH with test paper. Adjust °F) into 500 ml Erlenmeyer flasks. After pH, if necessary, to 6.8 + 0.2 with sterile 8. Sterile spoons or other appropriate autoclaving for 15 min at 121 °C, and 1 N NaOH or 1 N HCL. instruments for transferring food just before use, aseptically adjust 3. Incubate flasks without shaking for samples volume to 225 ml with sterile distilled 18–26 hours at 35–37 °C (95–98.6 °F). 9. Sterile culture dishes, size 15 x 100 water. Adjust pH, if necessary, to 7.2 + Each flask is considered to contain pre- mm, glass or plastic 0.2 with sterile 1 N NaOH or 1 N HCl. enrichment broth.

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4a. If using the Assurance Gold 3. Incubate flasks without shaking for necessity and utility of the proposed Salmonella Enzyme Immunoassay, 18–26 hours at 35–37 °C (95–98.6 °F). information collection for the proper transfer 0.1 ml pre-enrichment broth to Each flask is considered to contain pre- performance of the agency’s functions; 10 ml RV medium and transfer another enrichment broth. (2) the accuracy of the estimated 1.0 ml of pre-enrichment broth to 10 ml 4a. If using the Assurance Gold burden; (3) ways to enhance the quality, TT broth. Incubate in a water bath 5–8 Salmonella Enzyme Immunoassay, utility, and clarity of the information to ° ° hours at 42 C (107.6 F). Incubation of transfer 0.1 ml pre-enrichment broth to be collected; and (4) the use of the RV medium and TT broth in the 10 ml RV medium and transfer another automated collection techniques or water bath is termed the selective 1.0 ml of pre-enrichment broth to 10 ml other forms of information technology to TT broth. Incubate in a water bath 5–8 enrichment process. Following selective minimize the information collection hours at 42 °C (107.6 °F). Incubation of enrichment, transfer and combine 1.0 burden. ml TT broth and 0.5 ml RV medium into the RV medium and TT broth in the a single tube containing 10 ml of water bath is termed the selective Type of Information Collection prewarmed [42 °C (107.6 °F)] TSB + n enrichment process. Following selective Request: New; Title of Information broth. Incubate in a water bath 16–20 enrichment, transfer and combine 1.0 Collection: Evaluation of New Medicare hours at 42 °C (107.6 °F). Continue as ml TT broth and 0.5 ml RV medium into Members of Medicare+Choice Plans; described in this kit’s instructions for (c) a single tube containing 10 ml of Form No.: HCFA–R–0298 (OMB# 0938– raw foods. prewarmed [42 °C (107.6 °F)] TSB + n New); Use: The objective of this survey 4b. If using the VIP Assay for broth. Incubate in a water bath 16–20 is to understand the special information Salmonella, transfer 0.1 ml pre- hours at 42 °C (107.6 °F). Continue as needs of new Medicare members, their enrichment broth to 10 ml RV medium described in this kit’s instructions for (c) sources of information, their preferred and transfer another 1.0 ml of pre- raw foods. distribution channels, their enrichment broth to 10 ml TT broth. 4b. If using the VIP Assay for understanding of the traditional Incubate in a water bath 18–24 hours at Salmonella, transfer 0.1 ml pre- Medicare program and their 42 °C. Incubation of the RV medium and enrichment broth to 10 ml RV medium understanding of their particular and transfer another 1.0 ml of pre- TT broth in the water bath is termed the +Choice plan, and the impact National enrichment broth to 10 ml TT broth. selective enrichment process. Following Medicare Education Program activities Incubate in a water bath 18 24 hours at selective enrichment, transfer and may have on new members’ decisions to 42 °C. Incubation of the RV medium and combine 0.5 ml of TT broth and 0.5 ml choose a +Choice plan or change their RV medium into a single tube TT broth in the water bath is termed the ° selective enrichment process. Following plan; Frequency: On occasion; Affected containing 10 ml prewarmed [42 C Public: Individuals; Number of (107.6 °F)] TSB+DNP+n broth. Incubate selective enrichment, transfer and Respondents: 3000; Total Annual in a water bath 5–8 hours at 42 °C (107.6 combine 0.5 ml of TT broth and 0.5 ml Responses: 3000; Total Annual Hours: °F). Continue as described in this kit’s RV medium into a single tube instructions for (c) raw foods. containing 10 ml prewarmed [42 °C 1212. ° B. Sprouts - Thirty 50 g analytical units (107.6 F)] TSB+DNP+n broth. Incubate To obtain copies of the supporting ° of sprouts were collected for Salmonella in a water bath 5–8 hours at 42 C (107.6 statement and any related forms for the ° analysis. Aseptically weigh out a 25 g F). Continue as described in this kit’s proposed paperwork collections subsample from each analytical unit and instructions for (c) raw foods. referenced above, access HCFA’s Web transfer each subsample to a sterile [FR Doc. 99–28016 Filed 10–25–99; 8:45 am] Site address at http://www.hcfa.gov/ blending jar (or stomacher bag). Add BILLING CODE 4160±01±F regs/prdact95.htm, or E-mail your 225 ml buffered peptone water plus request, including your address, phone novobiocin (BPW + n). Blend the 25 g number, OMB number, and HCFA DEPARTMENT OF HEALTH AND sprout subsample with 225 ml BPW + document identifier, to HUMAN SERVICES n for 2 min. Repeat procedure for [email protected], or call the Reports remaining twenty-nine analytical units. Health Care Financing Administration Clearance Office on (410) 786–1326. 1. The thirty 25 g sprout subsamples Written comments and may be analyzed by either of the [Document Identifier: HCFA±R±0298] recommendations for the proposed following two options: information collections must be mailed Agency Information Collection Option A: within 60 days of this notice directly to Each 25 g/225 ml blended sprout Activities: Proposed Collection; Comment Request the HCFA Paperwork Clearance Officer homogenate is poured into a 500 ml designated at the following address: Erlenmeyer flask, or equivalent AGENCY: Health Care Financing HCFA, Office of Information Services, container, and analyzed individually. Administration, HHS. Security and Standards Group, Division Option B: In compliance with the requirement of HCFA Enterprise Standards, Fifteen of the thirty 25 g/225 ml of section 3506(c)(2)(A) of the Attention: Julie Brown, Room N2–14– blended sprout homogenates are poured Paperwork Reduction Act of 1995, the 26, 7500 Security Boulevard, Baltimore, into a 6 L Erlenmeyer flask, and Health Care Financing Administration Maryland 21244–1850. analyzed collectively. Repeat with the (HCFA), Department of Health and remaining 15 blended sprout Human Services, is publishing the Dated: October 18, 1999. homogenates . Thus, each sample following summary of proposed John Parmigiani, consists of two 375-g composites . collections for public comment. Acting, HCFA Reports Clearance Officer, 2. Allow flasks to stand for 60 min at Interested persons are invited to send HCFA Office of Information Services, Security room temperature. Mix well and comments regarding this burden and Standards Group, Division of HCFA determine pH with test paper. Adjust estimate or any other aspect of this Enterprise Standards. pH, if necessary, to 6.8 + 0.2 with sterile collection of information, including any [FR Doc. 99–27986 Filed 10–26–99; 8:45 am] 1 N NaOH or 1 N HCL. of the following subjects: (1) The BILLING CODE 4120±03±P

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DEPARTMENT OF THE INTERIOR Atchison Topeka and Santa Fe rail lines, DEPARTMENT OF THE INTERIOR west of Highway 18, and north of Deep Bureau of Land Management Creek. The authority for this closure is Bureau of Land Management [CA±680±99±2822±00±D889] 43 CFR 8364.1, 18 U.S.C. 3571. This [NV±063±5440±EQ±F502; N±62443] closure only applies to those portions of Closure and Restriction Orders the following sections burned during Notice of Realty Action Nevada: the Willow Fire: San Bernardino Base Conveyance of Public Land for Airport AGENCY: Bureau of Land Management, Purposes in Lander County, NV (BLM) Interior. and Meridian, T.3N. R.1W. sections 2, 3, 4, 5, 6; T.3N. R.2W. sections 1, 2, 3, 4, ACTION: AGENCY: Bureau of Land Management, Emergency closure of certain 5, 6, 7 and 8; T.3N. R.3W. sections 1, 2, public lands to human entry in the Interior. 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; T.4N. Juniper Flats area, San Bernardino ACTION: Conveyance of Public Land for R.1W. sections 31 and 32; T.4N. R.2W. County, California. Airport Purposes in Lander County, sections 26, 27, 28, 29, 31, 32, 33, 34 Nevada. SUMMARY: Public lands in the Juniper and 35; T.4N. R.3W. sections 21, 22, 23, Flats area are closed to human entry 24, 25, 26, 27, 28, 30, 31, 32, 33, 34 and SUMMARY: The following public land in from October 17, 1999 to July 1, 2000. 35. If you fail to comply with this Lander County, Nevada has been found Closed are approximately 16,000 acres closure order you may be fined up to suitable for conveyance to Lander burned in the Willow fire. You are not $100,000.00 or be imprisoned for up to County for airport purposes under to enter the closed area by any means 12 months, or both. section 516 of the Airport and Airway of access, including but not limited to: You are exempt from this closure if Improvement Act of 1982 (49 U.S.C. motor vehicles, OHVs, equestrian, bike you are engaged in one of these 2215). or foot traffic. The closure protects activities: law enforcement, emergency Mount Diablo Meridian persons, property, soil, cultural services, government business, or work resources, vegetation, wildlife, and T. 18 N., R. 42 E., Sec. 1, lots 1–3, S1⁄2NE1⁄4, SE1⁄4NW1⁄4. wildlife habitat. to maintain utilities and infrastructure. You may be exempt if permitted by a T. 19 N., R. 42 E., DATES: This closure order goes into 1 1 BLM Authorizing Officer. You and your Sec. 25, S ⁄2S ⁄2; effect at 11:59 p.m. on Sunday, October Sec. 36, E1⁄2, E1⁄2NW1⁄4. guests are exempt to access your 17, 1999 and shall remain in effect until T. 18 N., R. 43 E., residence or property if it is within the 11:59 p.m. on Saturday, July 1, 2000. Sec. 6, lots 3 and 4. closed area. This closure only affects T. 19 N., R. 43 E., FOR FURTHER INFORMATION CONTACT: Tim public lands. County roads and Sec. 30, lot 4; Read, Barstow Field Office Manager, segments of roads through private lands Sec. 31, lots 1–4, SE1⁄4NW1⁄4, E1⁄2SW1⁄4. Bureau of Land Management, 2601 are unaffected. You are exempt to use Containing approximately 1205.09 acres Barstow Road, Barstow, CA 92311; or the portion of Bowen Ranch Road that call (760) 252–6000. Conveyance of the land is consistent is a County road. The exempt portion SUPPLEMENTARY INFORMATION: with applicable Federal and County On crosses public lands in section 31 of Saturday August 28th, the Willow Fire land use plans and will help meet the T.4N. R.2W., and sections 1, 11 and 12 started on U.S. Forest Service lands needs of Lander County. The land is not of T.3N. R.3W., ending at the boundary adjacent to BLM lands in the Juniper required for any Federal purposes and Flats area. The fire burned 63,486 acres, of the Bowen Ranch. will not be conveyed until at least 60 including approximately 16,000 acres of Two previous closures provided days after the date of publication of this BLM land. Natural resources comprising immediate protection for the burned notice in the Federal Register. the local ecosystems were extensively area. While those closures were in effect FOR FURTHER INFORMATION CONTACT: damaged by the fire. The vegetative a long term rehabilitation strategy was Chuck Lahr, Realty Specialist, Bureau of cover was burned away leaving bare developed. The strategy is contained in Land Management, Battle Mountain soils exposed and vulnerable to erosion. a report compiled by the fire Field Office, 50 Bastian Road, Battle The loss of vegetation has also stressed rehabilitation team. The closure is being Mountain, Nevada 89820. wildlife populations by reducing re-issued as part of the rehabilitation SUPPLEMENTARY INFORMATION: The available cover and forage. strategy. Our intent is to protect the airport is currently under lease (Nev– The fire damaged cultural resources, damaged natural systems through at 057498) to Lander County, Nevada. The soils, vegetation, wildlife, and wildlife least the first growing season. The lease will be terminated prior to the habitat. As a result these resources are growing season runs from the fall to the proposed conveyance. The land is extremely sensitive to further impacts spring. This is when there is sufficient segregated by virtue of the existing from human activity. We are closing the rainfall for the vegetation to grow. The airport lease. This notice continues the area to prevent disturbances to these recovery effort will be evaluated next segregation of the above described types of sensitive resources. By public land from operation of the public spring to determine if the closure needs preventing disturbances we will help land laws, including the mining laws. to be re-issued again. avoid excessive soil erosion and loss, The segregative effect will end upon vegetative damage, wildlife mortality, Tim Read, issuance of the conveyance. Patent, riparian area degradation, destruction of BLM, Barstow Field Office Manager. when issued, will contain the following fences, and water quality impacts. [FR Doc. 99–27704 Filed 10–26–99; 8:45 am] reservations to the United States: Temporarily closing the area provides a BILLING CODE 4310±40±M 1. A right-of-way for ditches and protected environment for natural canals constructed by authority of the systems to begin recovering. A United States, Act of August 30, 1890, successful recovery is needed to sustain (43 U.S.C. 945); the long term health of the land. 2. All mineral deposits shall be In general, the closed public lands are reserved to the United States, together east of Deep Creek Road, south of the with the right to prospect for, mine, and

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The property shall revert to the excluded from any participation, be on behalf of the United States, enter, United States in the event the lands are denied any benefits, or be otherwise and take title to, the property interest not developed for airport or airway subjected to any discrimination on the conveyed or the particular part of the purposes or are used in a manner grounds of race, color, national origin, interest to which the breach relates. inconsistent with the terms of the or disability. 9. That, if any covenant or condition conveyance. 5. Agrees to comply with all in this instrument of conveyance, other And will be subject to: requirements imposed by or pursuant to than the covenant contained in 1. Those rights for highway purposes Part 21 of the Regulations of the Office paragraph 7 of this section, is breached, granted to the Nevada Department of of the Secretary of Transportation (49 the Administrator may, on behalf of the Transportation, its’ successors or CFR 21)—nondiscrimination in United States, immediately enter, and assigns, by right-of-way CC–021379A, federally assisted programs of the take title to, the property interest pursuant to the Act of August 27, 1958, Department of Transportation— conveyed or, in his discretion, that part as amended, (23 Stat. 317). effectuation of Title VI of the Civil of that interest to which the breach 2. Those rights for telephone line Rights Act of 1964. relates. 6. That in furtherance of the policy of purposes to Shoshone Telephone 10. That a determination by the the Federal Aviation Administration Cooperative, Inc., its’ successors or Administrator that one of the foregoing under covenant, the grantee: covenants has been breached is assigns, by right-of-way N–7189, • Agrees that, unless authorized by conclusive of the facts; and that, if the pursuant to the Act of , 1911. the Administrator, it will not, either 3. Those existing Federal grazing right entry and possession of title directly or indirectly, grant or permit stipulated in the forgoing covenants is permits, unless waived by the grazing any person, firm or corporation the permittee. Such grazing shall be valid exercised, the grantee will, upon exclusive right at the airport, or at any demand of the Administrator, take any for a period of 2 years from the date that other airport now owned or controlled the permittee has received notification action (including prosecution of suit or by it, to conduct any aeronautical executing of instruments) that may be of the land transfer. In accordance with activities, including, but not limited to, Part 402(g) of the Act of October 21, necessary to evidence transfer to the charter flights, pilot training, aircraft United States of title to the property 1976, as amended (43 U.S.C. 1752), the rental and sightseeing, aerial grazing permittees will receive interest conveyed, or in the photography, crop dusting, aerial Administrator’s discretion, to that part reasonable compensation for the value advertising and surveying, air carrier of their interest in authorized interest to which the breach relates. operations, aircraft sales and services, For a period of 45 days from the date permanent improvements. sale of aviation petroleum products 4. All other valid existing rights. of publication in the Federal Register, whether or not conducted in interested parties may submit comments And will contain the following conjunction with other activities which Covenants: to the Field Manager, Battle Mountain because of their direct relationship to Field Office, 50 Bastian Road, Battle 1. That the grantee will use the the operation of aircraft can be regarded property interest for airport purpose, Mountain, NV 89820. Any adverse as an aeronautical activity; comments will be evaluated by the State and will develop that interest for airport • Agrees that it will terminate any purposes within one to five years after Director, who may sustain, vacate or existing exclusive right to engage in the modify this realty action and issue a the date of this conveyance, except that sale of gasoline or oil, or both, granted if the property interest is necessary to final determination. In the absence of before , 1962, at such an airport, timely filed objections, this realty action meet future development of an airport at the earliest renewal, cancellation, or in accordance with National Plan of will become a final determination of the expiration date applicable to the Department of the Interior. Integrated Airports System (NPIAS) the agreement that established the exclusive grantee will develop that interest for right; and Dated: October 15, 1999. airport purposes on or before the period • Agrees that it will terminate M. Lee Douthit, provided in the plan or within a period forthwith any other exclusive right to Associate Field Manager. satisfactory to the Administrator of the conduct any aeronautical activity now [FR Doc. 99–27985 Filed 10–26–99; 8:45 am] Federal Aviation Administration and existing at such an airport. BILLING CODE 4310±HC±P any interim use of that interest for other 7. That any later transfer of the than airport purposes will be subject to property interest conveyed will be such terms and conditions as the subject to the covenants and conditions DEPARTMENT OF THE INTERIOR Administrator may prescribe. in the Instrument of Conveyance. 2. That the airport runway system and 8. That, if the covenant to develop the National Park Service its appurtenant safety areas, and all property interest (or any part thereof) for buildings and facilities, will be operated airport purposes within one year after General Management Plan/ for public airport purposes on fair and the date of this conveyance is breached, Environmental Impact Statement, reasonable terms without unjust or if the property interest (or any part Navajo National Monument, Arizona economic discrimination; or on the thereof) is not used in a manner AGENCY: National Park Service, basis of race, color, or national origin, as consistent with terms of the Department of the Interior. to airport employment practices, and as conveyance, the Administrator may give ACTION: Notice of intent to prepare an to accommodations, services, facilities, notice to the grantee requiring him to environmental impact statement for the or other public uses of the airport. take specified action towards general management plan, Navajo 3. That the grantee will not grant or development within a fixed period. National Monument. permit any exclusive right forbidden by These notices may be issued repeatedly, Section 308(a) of the Federal Aviation and outstanding notices may be SUMMARY: Under the provisions of the Act of 1958 (49 U.S.C. 1349 9(a), as amended or supplemented. Upon National Environmental Policy Act, the

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National Park Service is preparing an facilities; and issues that need to be Van Buren County environmental impact statement for the resolved. In addition to attending the Scanlan, Art, House, Rt. 1, W. of US 65, Bee general management plan (GMP) for scoping meetings, people wishing to Branch, 99001355 Navajo National Monument. The provide input to this initial phase of HAWAII environmental impact statement will be developing the GMP may address approved by the Director, Intermountain comments to the superintendent. Hawaii County Region. Scoping comments should be received Nanbu, A., Hotel—Holy’s Bakery, Akoni Pule Navajo National Monument was no later that 60 days from the Hwy., Kapa’au, 99001356 established by Presidential publication of this Notice of Intent. ILLINOIS Proclamation No. 873 on March 20, FOR FURTHER INFORMATION: Contact 1909 (36 Stat. 2491), to preserve ‘‘a Superintendent James Charles, Navajo Coles County number of prehistoric cliff dwellings National Monument, HC71, Box 3, Fifteenth Street and Oklahoma Avenue Brick and pueblo ruins, situated within the Tonalea, AZ 86044–9704; Tel: (520) Street, 500 through 1217 Fifteenth St. and Navajo Indian Reservation, Arizona, and 672–2366; FAX: (520) 672–2345; e-mail: 1500 through 1521 Oklahoma Ave., which are new to science and wholly [email protected]. Mattoon, 99001357 unexplored, and because of their LOUISIANA isolation and size are of the very greatest Dated: October 19, 1999. ethnological, scientific and educational Ronald E. Everhart, Orleans Parish interest.’’ The GMP will result in a Acting Director, Intermountain Region. Gentilly Terrace Historic District, Roughly comprehensive plan that would balance [FR Doc. 99–27971 Filed 10–26–99; 8:45 am] bounded by , Mirabeau, Eastern, and protection and preservation of natural BILLING CODE 4310±70±P Gentilly Blvd., New Orleans, 99001358 and cultural resources with the interests MISSISSIPPI of American Indians, as well as provisions for visitor use and DEPARTMENT OF THE INTERIOR Hinds County interpretation and development of Lebanon Presbyterian Church, Lebanon necessary and appropriate facilities. In National Park Service Presbyterian Church Rd., Utica, 99001359 cooperation with the Navajo Nation, and National Register of Historic Places; Holmes County other affiliated American Indian tribes, Notification of Pending Nominations Noel, Gov. Edmund F., House, 315 North St., agencies and organizations, and local Lexington, 99001360 interests, attention will also be given to Nominations for the following resources outside the boundaries that properties being considered for listing Jones County affect the integrity of Navajo National in the National Register were received G.W.O. Site, Address Restricted, Lanham Monument’s resources. Alternatives to by the National Park Service before vicinity, 99001361 be considered include no-action, the October 16, 1999. Pursuant to section MISSOURI preferred alternative, and other 60.13 of 36 CFR Part 60 written alternatives addressing the following comments concerning the significance Andrew County major issues: of these properties under the National Roberts, J.F., Octagonal Barn, Jct. MO B and • How can the important natural and Register criteria for evaluation may be MO 48, Rea vicinity, 99001362 cultural resources be best protected and forwarded to the National Register, NEW JERSEY preserved in concert with American National Park Service, 1849 C St. NW, Indian traditions and concerns? NC400, Washington, DC 20240. Written Burlington County • How can Navajo National comments should be submitted by St. Stephens Episcopal Church, 158 Warren Monument develop and maintain good November 12, 1999. St., Beverly City, 99001363 relationships, as well as explore new Carol D. Shull, NEW YORK opportunities for partnerships, with Keeper of the National Register. affiliated American Indian tribes? Steuben County • What level and type of use is ARKANSAS Pulteney Square Historic District, Roughly appropriate to be consistent with Navajo Lee County surrounds Pulteney Sq., Hammondsport, National Monument’s purpose, and to 99001364 relate to the national monument’s Mixon—Evans Barn, 459 S. Alabama St. and US 1 Bus. S., Marianna, 99001349 NORTH CAROLINA significance? • What facilities are needed to meet Madison County Edgecombe County the mission goals of Navajo National Bunch Store, 100 Public Sq., Kingston, Edgemont Historic District, 500–800 blocks Monument regarding natural and 99001350 of Tarboro St, 600–800 blocks of Hill St. and S. side of 600–800 blocks of Sycamore cultural resource management, visitor Sebastian County use and interpretation, partnerships, St., Rocky Mount, 99001365 New Theatre, 9 N. 10th St., Fort Smith, and operations? Mecklenburg County 99001351 The National Park Service is planning Billingsville School, 3100 Leroy St., to hold public scoping meetings Sevier County Charlotte, 99001366 regarding the GMP in January, 2000. Brookes, Bishop, House, 407 N. 6th St., Nash County Specific dates, times, and locations will DeQueen, 99001352 be announced in the local media and Falls Road Historic District, 500–600 Avent Stone County can also be obtained by contacting the St., 100–200 Braswell St., 100 Earl St., superintendent of Navajo National Sylamore Creek Bridge (Historic Bridges of 400–700 Falls Rd., 500 Peachtree St. and 100 Wilkinson St., Rocky Mount, 99001367 Monument. The purpose of the meetings Arkansas MPS) Co. Rd. 283 over Sylamore Cr., Allison vicinity, 99001353 Villa Place Historic District, 200–300 S. is to explain the planning process and Grace St., 400–600 Hammond St., 200–300 to obtain comments concerning Union County Howell St., 400–600 Nash St., 200–300 appropriate resource management; Dual State Monument, C. Rd. 86, Aurelle Pearl St., 200–300 Villa St., Rocky Mount, desired visitor use, interpretation, and vicinity, 99001354 99001368

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TENNESSEE FOR FURTHER INFORMATION CONTACT: State—Federal process to develop long- Gibson County Donald T. King at (304)263–4943. term solutions to problems in the Bay- Delta system related to fish and wildlife, Skullbone Store, 1 Shade’s Bridge Rd., Dated: October 22, 1999. Skullbone, 99001369 Gene Repoff, water supply reliability, natural disasters, and water quality. The intent Shelby County Acting Chief, Land Resources Division, WASO. is to develop a comprehensive and Overton Parkway Historic District balance plan which addresses all of the [FR Doc. 99–28033 Filed 10–26–99; 8:45 am] (Residential Resources of Memphis MPS) resource problems. This effort, the Roughly bounded by Cooper St., East BILLING CODE 4310±70±P CALFED Bay-Delta Program (Program), Parkway, Poplar and Madison Sts., is being carried out under the policy Memphis, 99001370 DEPARTMENT OF THE INTERIOR direction of CALFED. The Program is Sullivan County exploring and developing a long-term King, Edward Washington, House, 308 7th Bureau of Reclamation solution for a cooperative planning St., Bristol, 99001371 process that will determine the most Williamson County Bay-Delta Advisory Council's appropriate strategy and actions Ecosystem Roundtable Meeting necessary to improve water quality, McLemore House, 447 11th Ave. N., restore health to the Bay-Delta Franklin, 99001372 AGENCY: Bureau of Reclamation, ecosystem, provide for a variety of Interior. Wilson County beneficial uses, and minimize Bay-Delta ACTION: Lebanon Commercial Historic District, Notice of meeting. system vulnerability. A group of citizen Roughly around the Public Sq., and 104– SUMMARY: The Bay-Delta Advisory advisors representing California’s 124 N. College, 105–115 N. Cumberland, Council’s (BDAC) Ecosystem agricultural, environmental, urban, 102–203 E. Main, and 103–122 E. Market business, fishing, and other interests St., Lebanon, 99001373 Roundtable will meet on November 9, 1999 to discuss a Roundtable conflict of who have a stake in finding long-term VIRGINIA interest policy, an environmental water solutions for the problems affecting the Prince William County acquisition program, FY 2001 planning Bay-Delta system has been chartered and other issues. This meeting is open under the Federal Advisory Committee Thoroughfare Gap Battlefield, Jct VA 55 and Act (FACA). The BDAC provides advise I–66, Broad Run vicinity, 99001374 to the public. Interested persons may make oral statements to the Ecosystem to CALFED on the program mission, Roanoake Independent City Roundtable or may file written problems to be addressed and objectives Roanoke Star, Mill Mountain, Roanoke, statements for consideration. for the Program. BDAC provides a forum 99001375 DATES: The BDAC’s Ecosystem to help ensure public participation, and [FR Doc. 99–27972 Filed 10–26–99; 8:45 am] Roundtable meeting will be held from will review reports and other materials BILLING CODE 4310±70±M 9:30 a.m. to 12:00 p.m. on Tuesday, prepared by CALFED staff. BDAC has November 9, 1999. established a subcommittee called the ADDRESSES: The Ecosystem Roundtable Ecosystem Roundtable to provide input DEPARTMENT OF THE INTERIOR will meet at the Resources Building, on annual workplans to implement Room 1131, 1416 Ninth Street, ecosystem restoration projects and National Park Service Sacramento, CA 95814. programs. Minutes of the meeting will be FOR FURTHER INFORMATION CONTACT: Notice of Availability of Draft Director's maintained by the Program, Suite 1155, Wendy Halverson Martin, CALFED Bay- Order Concerning Land Protection 1416 Ninth Street, Sacremanto, CA Delta Program, at (916) 657–2666. If 95814, and will be available for public AGENCY: National Park Service, Interior. reasonable accommodation is needed inspection during regular business ACTION: Notice. due to a disability, please contact the hours, Monday through Friday within Equal Employment Opportunity Office 30 days following the meeting. SUMMARY: The National Park Service at (916) 653–6952 or TDD (916) 653– (NPS) is converting and updating its 6934 at least one week prior to the Dated: October 20, 1999. current system of internal policy meeting. Kirk Rodgers, instructions. When these documents SUPPLEMENTARY INFORMATION: The San Acting Regional Director, Mid-Pacific Region. contain new policy or procedural Francisco Bay/Sacramento-San Joaquin [FR Doc. 99–28001 Filed 10–26–99; 8:45 am] requirements that may affect parties Delta Estuary (Bay-Delta system) is a BILLING CODE 4310±94±M outside the NPS, this information is critically important part of Califonria’s being made available for public review natural environment and economy. In and comment. Draft Director’s Order # recognition of the serious problems DEPARTMENT OF JUSTICE 25, ‘‘Land Protection’’ provides facing the region and complex resource guidance on protecting of lands and management decisions that must be Immigration and Naturalization Service resources within the boundaries of NPS made, the state of California and the units. Federal government are working Agency Information Collection DATES: Information from interested together to stabilize, protect, restore, Activities Proposed Collection; parties will be accepted on or before and enhance the Bay-Delta system. The Comment Request November 26, 1999. State and Federal agencies with ACTION: Notice of information collection ADDRESSES: Request for copies and management and regulatory under review; petition for alien relative. written comments should be sent to responsibilities in the Bay-Delta system Donald T. King, National Park Service, are working together at CALFED to The Department of Justice, P.O. Box 908, Martinsburg, WV 25402– provide policy direction and oversight Immigration and Naturalization Service 0908, (304)263–4943. You may also for the process. has submitted the following information email ([email protected]) your One area of Bay-Delta management collection request for review and comments or requests. includes the establishment of a joint clearance in accordance with the

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Paperwork Reduction Act of 1995. The Instructions Branch, Immigration and (3) Enhance the quality, utility and proposed information collection is Naturalization Service, U.S. Department clarity of the information to be published to obtain comments from the of Justice, Room 5307, 425 I Street, NW., collected; and public and affected agencies. Comments Washington, DC 20536. Additionally, (4) Minimize the burden of the are encouraged and will be accepted for comments and/or suggestion regarding collection of information on those who ‘‘sixty days’’ until December 27, 1999. the item(s) contained in this notice, are to respond, including through the Written comments and suggestions especially regarding the estimated use of appropriate automated, from the public and affected agencies public burden and associated response electronic, mechanical, or other concerning the proposed collection of time may also be directed to Mr. technological collection techniques or information should address one or more Richard A. Sloan. other forms of information technology, of the following four points: If additional information is required e.g., permitting electronic submission of (1) Evaluate whether the proposed contact Mr. Robert B. Briggs, Clearance responses. collection of information is necessary Officer, U.S. Department of Justice, Overview of this information for the proper performance of the Information Management and Security collection: functions of the agency, including Staff, Justice Management Division, Suit (1) Type of Information Collection: whether the information will have 850, Washington Center Building, 1001 Extension of currently approved practical utility; G Street, NW., Washington, DC 20530. collection. (2) Evaluate the accuracy of the (2) Title of the Form/Collection: agency’s estimate of the burden of the Dated: October 21, 1999. Interagency Record of Individual proposed collection of information, Richard A. Sloan, Requesting Change/Adjustment to or including the validity of the Department Clearance Officer, Department of From A or G Status or Requesting A, G, methodology and assumptions used; Justice, Immigration and Naturalization or NATO Dependent Employment (3) Enhance the quality, utility, and Service. Authorization. clarity of the information to be [FR Doc. 99–28014 Filed 10–26–99; 8:45 am] (3) Agency form number, if any, and collected; and BILLING CODE 4410±10±M the applicable component sponsoring (4) Minimize the burden of the the collection: Form I–566. Office of collection of information on those who Adjudications, Immigration and are to respond, including through the DEPARTMENT OF JUSTICE Naturalization Service. use of appropriate automated, (4) Affected public who will be asked electronic, mechanical, or other Immigration and Naturalization Service or required to respond, as well as brief abstract: Primary: Individuals or technological collection techniques or Agency Information Collection households. This form facilities other forms of information technology, Activities Proposed Collection; processing of applications for benefits e.g., permitting electronic submission of Comment Request responses. filed by dependents of diplomats, Overview of this information ACTION: Notice of information collection international organizations, and NATO collection: under review; Interagency record of personnel by the Immigration and (1) Type of Information Collection: individual requesting change/ Naturalization Service and the Extension of currently approved adjustment to or From A or G status or Department of State. collection. requesting A, G, or NATO dependent (5) An estimate of the total number of (2) Title of the Form/Collection: employment authorization. respondents and the amount of time Petition for Alien Relative. estimated for an average respondent to (3) Agency form number, if any, and The Department of Justice, respond: 4,400 responses at 15 minutes the applicable component sponsoring Immigration and Naturalization Service (.25 hours) per response, the collection: Form I–130. Office of has submitted the following information (6) An estimate of the total public Adjudications, Immigration and collection request for review and burden (in hours) associated with the Naturalization Service. clearance in accordance with the collection: 1,100 annual burden hours. If you have additional comments, (4) Affected public who will be asked Paperwork Reduction Act of 1995. The suggestions, or need a copy of the or required to respond, as well as a brief proposed information collection is proposed information collection abstract: Primary: Individuals or published to obtain comments from the instrument with instructions, or households. The information collected public and affected agencies. Comments additional information, please contact on this form will be used to determine are encouraged and will be accepted for Richard A. Sloan 202–514–3291, eligibility for benefits sought for ‘‘sixty days’’ until December 27, 1999. relatives of United States citizens and Director, Policy Directives and Written comments and suggestions lawful permanent residents. Instructions Branch, Immigration and (5) An estimate of the total number of from the public and affected agencies Naturalization Service, U.S. Department respondents and the amount of time concerning the proposed collection of of Justice, Room 5307, 425 I Street, NW., estimated for an average respondent to information should address one or more Washington, DC 20536. Additionally, respond: 183,034 responses at 30 of the following four points: comments and/or suggestion regarding minutes (.50 hours) per response. (1) Evaluate whether the proposed the item(s) contained in this notice, (6) An estimate of the total public collection of information is necessary especially regarding the estimated burden (in hours) associated with the for the proper performance of the public burden and associated response collection: 91,517 annual burden hours. functions of the agency, including time may also be directed to Mr. If you have additional comments, whether the information will have Richard A. Sloan. suggestions, or need a copy of the practical utility; If additional information is required proposed information collection (2) Evaluate the accuracy of the contact Mr. Robert B. Briggs, Clearance instrument with instructions, or agency’s estimate of the burden of the Officer, U.S. Department of Justice, additional information, please contact proposed collection of information, Information Management and Security Richard A. Sloan 202–514–4–3291, including the validity of the Staff, Justice Management Division, Director, Policy Directives and methodology and assumptions used; Suite 850, Washington Center Building,

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1001 G Street, NW., Washington, DC Reduction Act of 1995 (Pub. L. 104–13, • Evaluate the accuracy of the 20530. 44 U.S.C. Chapter 35). A copy of each agency’s estimate of the burden of the Dated: October 21, 1999. individual ICR, with applicable proposed collection of information, Richard A. Sloan, supporting documentation, may be including the validity of the obtained by calling the Department of methodology and assumptions used; Department Clearance Officer, Department of • Justice, Immigration and Naturalization Labor, Departmental Clearance Officer, Enhance the quality, utility, and Service. Ira Mills ((202) 219–5096 ext. 143) or by clarity of the information to be [FR Doc. 99–28015 Filed 10–26–99; 8:45 am] E-Mail to [email protected]. collected; and Comments should be sent to Office of • Minimize the burden of the BILLING CODE 4410±10±M Information and Regulatory Affairs, collection of information on those who Attn: OMB Desk Officer for BLS, DM, are to respond, including through the ESA, ETA, MSHA, OSHA, PWBA, or use of appropriate automated, DEPARTMENT OF LABOR VETS, Office of Management and electronic, mechanical, or other Budget, Room 10235, Washington, DC technological collection techniques or Office of the Secretary 20503 ((202) 395–7316), within 30 days other forms of information technology, Submission for OMB Review; from the date of this publication in the e.g., permitting electronic submission of Comment Request Federal Register. responses. The OMB is particularly interested in Agency: Employment and Training October 20, 1999. comments which: Administration. The Department of Labor (DOL) has • Evaluate whether the proposed Title: Study of Unemployment submitted the following public collection of information is necessary Insurance (UI) Exhaustees. information collection requests (ICRs) of for the proper performance of the OMB Number: 1205–0NEW. the Office of Management and Budget functions of the agency, including Frequency: Other (one-time). (OMB) for review and approval in whether the information will have Affected Public: Individuals or accordance with the Paperwork practical utility; households; State, Local, or Tribal govt.

Respond- Hours per Total Active Affected public ents Frequency response hours

State Administrative Re- State ...... 25 One-time ...... 80 hrs...... 2,000 quest. UI Recipient Survey ...... UI Claimant ...... 4,000 One-time ...... 35 mins...... 2,333

• Total Burden Hours: 4,333. 1. Black Mesa Pipeline, Inc., Docket Consolidation Coal Co., Docket Nos. • Total Annualized capital/startup Nos. WEST 97–49, etc. (Issues include WEVA 97–77–R, etc., which commences costs: $0. whether the judge erred in concluding at 9:30 a.m. on Thursday, November 18, • Total annual costs (operating/ that 30 CFR § 77.103 can be reasonably 1999. maintaining systems or purchasing interpreted to permit the Secretary to PLACE: Room 6005, 6th Floor, 1730 K services): $0. recognize two levels of persons Street, N.W., Washington, D.C. • Description: Collection of ‘‘qualified’’ to work on electrical STATUS: Closed [Pursuant to 5 U.S.C. administrative records and survey data equipment—those qualified to work on § 552b(c)(10)]. is sought to support a study of UI low/medium-voltage equipment and MATTERS TO BE CONSIDERED: It was exhaustees. Eighteen thousand those qualified to work on high-voltage determined by a unanimous vote of a administrative records of UI recipients equipment.) quorum of the Commission that the would be collected from a sample of 25 TIME AND DATE: 9:30 a.m., Thursday, Commission consider and act upon the States. A subsample of 4,000 recipients November 18, 1999. following in closed session: would be surveyed. PLACE: Room 6005, 6th Floor, 1730 K 1. Consolidation Coal Co., Docket Ira L. Mills, Street, N.W., Washington, D.C. Nos. WEVA 93–77–R, etc. (See oral argument listing, supra, for issues. Department Clearance Officer. STATUS: Open. [FR Doc. 99–28054 Filed 10–26–99; 8:45 am] MATTERS TO BE CONSIDERED: The ‘‘FEDERAL REGISTER’’ CITATION OF BILLING CODE 4510±30±M Commission will hear oral argument on PREVIOUS ANNOUNCEMENT Vol. 64, the following: No. 189, at 52,797, September 30, 1999 1. Consolidation Coal Co., Docket PREVIOUSLY ANNOUNCED TIME AND DATE: Nos. WEVA 93–77–R, etc. (Issues 2:00 p.m., Thursday, , 1999. FEDERAL MINE SAFETY AND HEALTH include whether the judge erred in REVIEW COMMISSION PLACE: Room 6005, 6th Floor, 1730 K concluding that the air quality Street, N.W., Washington, D.C. Sunshine Act Meeting requirements of 30 CFR § 75.301 did not STATUS: Open. apply to a production shaft that had CHANGES IN MEETING: The Commission October 20, 1999. been capped but not entirely sealed, and has postponed the meeting to consider TIME AND DATE: 10:00 a.m., Thursday, into which a dewatering pipe was being and act upon Pero v. Cyprus Plateau November 4, 1999. installed from the cap; and whether the Mining Corp., Docket No. WEST 97– PLACE: Room 6005, 6th Floor, 1730 K violation was significant and substantial 154–D. Street, N.W., Washington, D.C. and occurred as a result of the operator’s Any person attending an open STATUS: Open. unwarrantable failure.) meeting who requires special MATTERS TO BE CONSIDERED: The TIME AND DATE: The Commission accessibility features and/or auxiliary Commission will consider and act upon meeting will commence following the aids, such as sign language interpreters, the following: conclusion of oral argument in must inform the Commission in advance

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57909 of those needs. Subject to 29 C.F.R. applicants for initial or renewal operator Week of November 1—Tentative §§ 2606.150(a)(3) and 2706.160(d). licenses and for the maintenance of Thursday, November 4 CONTACT PERSON FOR MORE INFO: Jean medical records for all licensed Ellen, (202) 653–5629/(202) 708–9300 operators. The information is used to 9:25 a.m. Affirmation Session (Public for TDD Relay/1–800–877–8339 for toll determine whether the physical Meeting) (if needed) free. condition and general health of 9:30 a.m. Meeting with Advisory Jean H. Ellen, applicants for operator licenses is such Committee on Reactor Safeguards Chief Docket Clerk. that the applicant would not be (ACRS) (Public Meeting) (Contact: [FR Doc. 99–28272 Filed 10–25–99 3:46 pm] expected to cause operational errors John Larkins, 301–415–7360) endangering public health and safety. BILLING CODE 6735±01±M Week of November 8—Tentative A copy of the final supporting statement may be viewed free of charge Monday, November 8 NUCLEAR REGULATORY at the NRC Public Document Room, 1:30 p.m. Briefing on Integrated COMMISSION 2120 L Street, NW (lower level), Review of Decommissioning Washington, DC. OMB clearance Requirements (Public Meeting) Agency Information Collection requests are available at the NRC (Contact: Stuart Richards, 301–415– Activities: Submission for OMB worldwide web site (http:// 1395) Review; Comment Request www.nrc.gov/NRC/PUBLIC/OMB/ index.html). The document will be Tuesday, November 9 AGENCY: U.S. Nuclear Regulatory available on the NRC home page site for Commission (NRC). 9:00 a.m. Meeting on NRC Interactions 60 days after the signature date of this with Stakeholders on Nuclear ACTION: Notice of the OMB review of notice. Materials and Waste Activities information collection and solicitation Comments and questions should be (Public Meeting) Place: NRC of public comment. directed to the OMB reviewer listed Auditorium, Two White Flint North below by November 26, 1999. SUMMARY: The NRC has recently Wednesday, November 10 submitted to OMB for review the Comments received after this date will following proposal for the collection of be considered if it is practical to do so, 9:25 a.m. Affirmation Session (Public information under the provisions of the but assurance of consideration cannot Meeting) (if needed) Paperwork Reduction Act of 1995 (44 be given to comments received after this 9:30 a.m. Briefing on Draft U.S.C. Chapter 35). The NRC hereby date. Maintenance Regulatory Guide informs potential respondents that an Erik Godwin, Office of Information and (Public Meeting) (Contact: Richard agency may not conduct or sponsor, and Regulatory Affairs (3150–0024), Correia, 301–415–1009) that a person is not required to respond NEOB–10202, Office of Management Week of November 15—Tentative to, a collection of information unless it and Budget, Washington, DC 20503 displays a currently valid OMB control Friday, November 19 Comments can also be submitted by number. telephone at (202) 395–3087. 9:25 a.m. Affirmation Session (Public 1. Type of submission, new, revision, Meeting) (if needed) or extension: Extension. The NRC Clearance Officer is Brenda 2. The title of the information Jo. Shelton, 301–415–7233. * The schedule for Commission meetings is subject to change on short notice. To verify collection: NRC Form 396, Certification Dated at Rockville, Maryland, this 20th day the status of meetings call (recording)—(301) of Medical Examination by Facility of October, 1999. 415–1292. Contact person for more Licensee. For the Nuclear Regulatory Commission. information: Bill Hill (301) 415–1661. 3. The form number if applicable: Brenda Jo. Shelton, ADDITIONAL INFORMATION: By a NRC Form 396. NRC Clearance Officer, Office of the Chief 4. How often the collection is vote of 4–0 on October 19, the Information Officer. Commission determined pursuant to required: Upon application for an initial [FR Doc. 99–28051 Filed 10–26–99; 8:45 am] operator license, every six years for the U.S.C. 552b(e) and § 9.107(a) of the renewal of operator or senior operator BILLING CODE 7590±01±P Commission’s rules that ‘‘Affirmation of license, and upon notices of disability. Advanced Medical Systems, Inc. 5. Who will be required or asked to Petition for Review LBP–99–28’’ NUCLEAR REGULATORY (PUBLIC MEETING) be held on October report: Facility employers of applicants COMMISSION for operator licenses. 20, and on less than one week’s notice 6. An estimate of the number of Sunshine Act Meeting Notice to the public. responses: 1116. ADDITIONAL INFORMATION: By a 7. The estimated number of annual AGENCY HOLDING THE MEETING: Nucleare vote of 4–0 on October 19, the respondents: 141. Regulatory Commission. Commission determined pursuant to 8. An estimate of the total number of DATE: Weeks of October 25, November 1, U.S.C. 552b(e) and § 9.107(a) of the hours needed annually to complete the 8, and 15, 1999. Commission’s rules that ‘‘Affirmation of requirement or request: 730 (244 for North Atlantic Energy Service Corp. PLACE: Commissioners’ Conference reporting [.25 hours per response] and (Seabrook Station, Unit 1) and Northeast Room, 11555 Rockville Pike, Rockville, 486 hours for recordkeeping [3.4 hours Nuclear Energy Co. (Millstone Station, Maryland. per recordkeeper]). Unit 3) Docket Nos 50–443–LT and 50– 9. An indication of whether Section STATUS: Public and Closed. 423–LT (Consolidated), Petitions to 3507(d), Pub. L. 104–13 applies: Not MATTERS TO BE CONSIDERED: Intervene’’ (PUBLIC MEETING) be held on October 21, and on less than one applicable. Week of October 25 10. Abstract: NRC Form 396 is used to week’s notice to the public. transmit information to the NRC There are no meetings scheduled for The NRC Commission Meeting regarding the medical condition of the Week of October 25. Schedule can be found on the Internet

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 57910 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices at: http://www.nrc.gov/SECY/smj/ Dated: October 20, 1999. 10 and 13(b) of the Act and rules 54, 87, schedule.htm Karen A. Cook, 88, 90 and 91 under the Act. This notice is distributed by mail to General Counsel. DRI and CNG have entered into an several hundred subscribers; if you no [FR Doc. 99–27998 Filed 10–26–99; 8:45 am] amended and restated agreement and plan of merger (‘‘Merger’’) dated as of longer wish to receive it, or would like BILLING CODE 4310±4R±P to be added to it, please contact the , 1999.1 The Merger Office of the Secretary, Attn: Operations contemplates a two-step transaction. In Branch, Washington, DC 20555 (301– the first step, a wholly owned 415–1661). In addition, distribution of SECURITIES AND EXCHANGE subsidiary of DRI will merge (‘‘First this meeting notice over the Internet COMMISSION Merger’’) with and into DRI, in which system is available. If you are interested DRI will be the surviving corporation.2 in receiving this Commission meeting [Release No. 35±27092] In the second step, CNG will either schedule electronically, please send an merge (‘‘Second Merger’’) (1) with and electronic message to [email protected] or Filings Under the Public Utility Holding into another wholly owned subsidiary [email protected]. Company Act of 1935, as Amended of DRI (‘‘CNG Acquisition’’) in a (``Act'') transaction in which CNG Acquisition Dated: October, 22, 1999. will be surviving corporation, or (2) October 21, 1999. William M. Hill, Jr., with and into DRI in a transaction in SECY Tracking Officer, Office of the Notice is hereby given that the which DRI will be the surviving Secretary. following filing(s) has/have been made corporation. The First Merger and [FR Doc. 99–28173 Filed 10–25–99; 1:01 pm] with the Commission pursuant to Second Merger, are hereinafter referred BILLING CODE 7590±01±M provisions of the Act and rules to as the ‘‘Merger,’’ are each conditioned promulgated under the Act. All on the other occurring. As a result of the interested persons are referred to the Merger and other transactions PRESIDIO TRUST application(s) and/or declaration(s) for contemplated by the Merger Agreement, complete statements of the proposed either CNG Acquisition, as the successor Notice of Public Meeting transaction(s) summarized below. The in interest to CNG, will become a direct application(s) and/or declaration(s) and AGENCY: The Presidio Trust. subsidiary of DRI or each of CNG’s any amendments is/are available for public utility subsidiaries will become ACTION: Notice of public meeting. public inspection through the direct subsidiaries of DRI.3 Commission’s Branch of Public SUMMARY: In accordance with section In the Merger, shareholders of both Reference. 103(c)(6) of the Presidio Trust Act, 16 DRI and CNG will have the option to Interested persons wishing to U.S.C. 460bb note, Title I of Public Law elect to receive either cash or DRI comment or request a hearing on the 104–333, 110 Stat. 4097, and in common stock in return for each of their application(s) and/or declaration(s) accordance with the Presidio Trust’s DRI or CNG shares, as the case may be, should submit their views in writing by bylaws, notice is hereby given that a subject to allocation and certain November 15, 1999, to the Secretary, public meeting of the Presidio Trust limitations. In exchange for each share Securities and Exchange Commission, Board of Directors will be held from 9 of DRI common stock held, DRI Washington, DC 20549–0609, and serve a.m. to 12 p.m. (PST) on Wednesday, shareholders will have the option to a copy on the relevant applicant(s) and/ , 1999, at the Presidio receive either $43.00 in cash or one or declarant(s) at the address(es) Golden Gate Club, Fisher Loop, Presidio share of DRI common stock. In either specified below. Proof of service (by of San Francisco, California. The case, this option is subject to the affidavit or, in case of an attorney at Presidio Trust was created by Congress limitation that the aggregate amount of law, by certificate) should be filed with in 1996 to manage approximately eighty cash to be distributed to DRI the request. Any request for hearing percent of the former U.S. Army base shareholders in the First Merger shall be should identify specifically the issues of known as the Presidio, in San Francisco, equal to $1,251,055,526 (plus any cash facts or law that are disputed. A person 4 California. paid for fractional shares). In exchange who so requests will be notified of any The purpose of this meeting is to for each share of CNG common stock hearing, if ordered, and will receive a consider the Vegetation Management held, CNG shareholders will have the copy of any notice or order issued in the Plan. Public comment on this topic will option to receive either $66.60 in cash matter. After November 15, 1999, the be received and memorialized in or shares of DRI common stock at an application(s) and/or declaration(s), as accordance with the Trust’s Public exchange rate, plus an amount in cash filed or as amended, may be granted Outreach Policy. A swearing in and/or permitted to become effective. 1 ceremony will take place for newly DRI, CNG, and their respective subsidiaries have also filed in S.E.C. file no. 70–9517 an application- appointed and reappointed Board Dominion Resources Inc., et al. (70– declaration related to the financing of the proposed members. 9477) DRI registered holding company system and CNG’s TIME: The meeting will be held from 9 registered holding company system. A notice of that Dominion Resources, Inc. (‘‘DRI’’), filing is being issued simultaneously with this a.m. to 12 p.m. (PST) on Wednesday, 120 Tredegar Street, Richmond, Virginia notice. November 17, 1999. 23219, a Virginia corporation and public 2 As part of their approval of the Merger, DRI ADDRESSES: The meeting will be held at utility holding company exempt from shareholders approved an amendment to the DRI the Presidio Golden Gate Club, Fisher Articles of Incorporation to increase the authorized registration under section 3(a)(1) and shares of common stock of DRI from 300 million to Loop, Presidio of San Francisco. rule 2 under the Act, and Consolidated 500 million. FOR FURTHER INFORMATION CONTACT: Natural Gas Company (‘‘CNG’’), CNG 3 CNG’s public utility subsidiaries include: Karen A. Cook, General Counsel, the Tower, 625 Liberty Avenue, Pittsburgh, Virginia Natural Gas, Inc. (‘‘VNG’’), Hope Gas, Inc. Presidio Trust, 34 Graham Street, P.O. Pennsylvania 15222, have filed an (‘‘Hope’’), The Peoples Natural Gas Company (‘‘Peoples’’), and The East Ohio Gas Company Box 29052, San Francisco, California application-declaration in connection (‘‘East Ohio’’). 94129–0052, Telephone: (415) 561– with a proposed merger between the 4 Under the terms of the Merger, DRI has the right 5300. two companies under sections 6(a), 7, to increase this amount to $1,668,400,000.

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57911 equal to 1.52 multiplied by the excess, DRI is a diversified utility holding geothermal projects and one solar if any, of $43.816 over the Average company 6 whose principal subsidiary is project in California; three small Price.5 The CNG exchange ratio will be Virginia Electric and Power Company hydroelectric projects in New York; a (1) $66.60 divided by the Average Price (‘‘Virginia Power’’),7 an electric public waste coal-fueled project in West of DRI common stock, if the DRI utility company primarily engaged in Virginia and a waste wood and coal- Average Price is no less than $43.816 the generation, transmission, fueled project in Maine. Additionally, and (2) 1.52, if the DRI Average Price is distribution and sale of electric energy DEI has interests in various generation less than $43.816. In either case, this within a 30,000 square-mile area in and small power production facilities in option is subject to the proration so that Virginia and northeastern North the United States all of which are 38,159,060 shares of CNG common Carolina.8 Virginia Power operates qualifying facilities (‘‘QFs’’) as defined stock (including any fractional shares nuclear, fossil fuel and hydroelectric in the Public Utility Regulatory Policies exchanged for cash) will be converted generating units with an aggregate Act of 1978, as amended (‘‘PURPA’’), or into the right to receive cash in the capability of 13,635 MW. It supplies exempt wholesale generators (‘‘EWGs’’) Second Merger. However, DRI may energy at retail to approximately two as defined in section 32 under the Act. reallocate the cash and shares of DRI million customers and sells electricity at DEI is also involved in natural gas and commons stock to be received by CNG wholesale to rural electric cooperatives, oil development, exploration and shareholders to follow more closely the power marketers and certain production in Canada, the Appalachian actual elections of CNG shareholders as municipalities. The Virginia service area Basin, the Michigan Basin, the Illinois long as the reallocation does not affect represents 65% of Virginia’s total land Basin, the Black Warrior Basin, the the desired tax treatment of the Second area and accounts for over 80% of its Uinta Basin, the San Juan Basin and Merger. population. The North Carolina service owns proven oil and natural gas Following the proposed Merger, area is comprised of retail customers reserves of approximately 1.2 trillion current DRI shareholders will own located in the northeastern region of the cubic feet of natural gas equivalent. DEI, approximately 65% of the combined state, excluding certain municipalities. through its subsidiaries, is involved in company and current CNG shareholders Virginia Power also engages in off- the wholesale aggregation, marketing will own approximately 35% of the system wholesale purchases and sales of and trading of natural gas and storage combined company. electricity and purchases and sales of capacity positions, on behalf of DEI and As a result of the Merger, the natural gas. In 1998, Virginia Power third parties. In 1998, DEI accounted for combined company will have pro forma accounted for $4,285 million in $383 million in revenues. 1998 assets of $28.0 billion as of March revenues. DCI is a diversified financial services 31, 1999 and revenues of $8.8 billion for DRI’s other major subsidiaries are holding company with several the year ended December 31, 1998. The Dominion Energy, Inc. (‘‘DEI’’), an subsidiaries in the commercial lending, combined company will also have an independent power and natural gas merchant banking and residential energy portfolio of approximately subsidiary, and Dominion Capital, Inc. lending business.11 Its principal 9 20,000 MW of domestic power (‘‘DCI’’), a financial services company. subsidiaries are First Source Financial, generation, 2.9 trillion cubic feet DRI also owns and operates a 365 MW LLP, First dominion Capital LLC, Saxon equivalent in natural gas and oil natural gas fired generating facility in Mortgage, Inc. and Stanton Associates, reserves producing nearly 300 billion the United Kingdom. Inc. DCI also owns a 46% interest in DEI is primarily engaged in the cubic feet equivalent annually. It will Cambrian Capital LLP. First Source competitive electric power generation operate a major interstate gas pipeline Financial provides cash-flow and asset- business and in the development, system and the largest natural gas based financing to middle-market exploration and operation of natural gas storage system in North America with companies seeking to expand, and oil reserves. DEI is involved in approximately 900 Bcfe of storage and recapitalize or undertake buyouts. First power projects in five states in will have approximately 5,000 miles of Dominion Capital is an integrated Argentina, Bolivia, Belize and Peru.10 electric transmission lines. The merchant banking and asset combined company will be the eleventh Domestic power projects include the management business. Saxon Mortgage largest independent oil and gas Kincaid Power Station, a 1,108 MW coal and its affiliates originate and securitize producer in the United States, measured fired station in central Illinois; a 600 home equity and mortgage loans to by reserves. MW gas-fired peaking facility under individuals. Cambrian Capital provides Following completion of the Merger, construction in central Illinois; two financing to small and mid-sized DRI will register as a holding company independent oil and natural gas 6 At December 31, 1998, DRI and its subsidiaries with the Commission under section 5 of had 11,033 full time employees. producers undertaking acquisitions, the Act and CNG may continue to 7 The term ‘‘Virginia Power’’ refers to the entirety refinancings and expansions. Stanton register as a holding company with the of Virginia Electric and Power Company, including Commission. its Virginia and North Carolina operations and all 11 DCI’s financial activities include providing of its subsidiaries. In Virginia it trades under the commercial finance through senior secured loans, Parties to the Merger name ‘‘Virginia Power’’ and in North Carolina it unsecured or subordinated debt or mezzanine trades under the name ‘‘North Carolina Power.’’ investments, bridge loans and equity investments. DRI and Its Subsidiaries 8 Virginia Power has made investments in some Senior secured loans have a first priority lien on all nonutility business and supports the investment DRI seeks authorization to retain its assets which includes, but is not limited to, and financing needs of its subsidiaries on a stand- accounts receivable, inventory, real and personal interest in its utility and nonutility alone basis. property, equipment, trademarks, and copyrights. business and to acquire and retain the 9 DRI states that it will divest its interest in DCI Corporate finance activities include underwriting interests of CNG’s utility and nonutility and DCI’s subsidiary companies within three years and syndication of debt and equity instruments and business. following completion of the Merger. debt and equity securities, managing assets for third 10 International power projects include a parties and broker-dealer operations. Consumer hydroelectric and a gas-fired project in Argentina, finance comprises origination, purchase, 5 Average Price is defined as the average market two hydroelectric projects in Bolivia, a run-of-river securitization and servicing of mortgages. Other price of DRI common stock over a twenty hydroelectric project in Belize, and two operations include investments in real estate, a consecutive day trading period ending on the tenth hydroelectric and six diesel oil-fueled projects in lease in a hydroelectric facility, venture capital and business day before the closing. Peru. a portfolio of preferred and equity securities.

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Associates, Inc. engages in real estate CNG Producing Company is CNG’s employee benefits and pension investment and management. exploration and production subsidiary. investment, employee relations, DRI, either directly or indirectly is Its activities are conducted primarily in operations, executive and also involved in the following business the Gulf of Mexico, the southern and administrative services, business and activities: oil and natural gas western United States, the Appalachian operations services, exploration and exploration and development, both region, and in Canada. development services, risk management, domestically and internationally, CNG Retail Services Corporation marketing, medical services, corporate transportation and processing of natural markets natural gas, electricity and planning, purchasing, rate structure gas and the manufacture and sale of related products and services to analysis, research, tax services, equipment used in connection residential, commercial and small corporate secretary services, and therewith, energy marketing and industrial customers. CNG Products and investor relations. brokering, telecommunications, real Services, Inc. also provides energy- Following completion of the Merger, estate activities, energy lending, and related services to customers of CNG’s DRI states that all services will be debt and equity financing to commercial local distribution subsidiaries and provided to system companies in businesses and consumers. DRI, through others. compliance with all applicable DCI, also holds minority interests in CNG International Corporation invests provisions of the Act, including section various other businesses, of which the in foreign energy activities. CNG 13(b) and rules 90 and 91 under the Act. aggregate amount of investments made International Corporation currently DRI does, however, request and by DCI at March 31, 1999, was $176 owns interests in natural gas pipeline exemption from the at-cost standard of million. In 1998, DCI accounted for companies in Australia, and gas and section 13(b) of the Act and rules 90 and $409 million in revenues. electric utility companies in Argentina. 91 under the Act in one or more of the following situations: (1) to permit CNG and Its Subsidiaries Establishment of a Service Company Virginia Power to continue to provide and Service Agreement CNG is engaged solely in the business services to exempt nonutility associate of owning and holding all of the DRI intends to establish a new direct companies which are subject to the outstanding equity securities of subsidiary service company, DRI Virginia State Corporation nineteen directly owned subsidiary Services, which will assume from DRI Commission’s 1986 settlement order; companies. CNG and its subsidiaries are all of the service functions currently and (2) to permit Virginia Power to engaged in all phases of the natural gas performed for affiliates of DRI and all provide future service arrangements to business including: distribution, employees performing those functions exempt nonutility associate companies transmission, storage, exploration and will become employees of DRI within the DRI–CNG system. Exempt 12 production. Services. nonutility associate companies are It is contemplated that as a result of defined as: (1) FUCOs and EWGs which VNG, Hope, Peoples and East Ohio the Merger, some centralization of do not derive any part of their income are the four public utility subsidiaries of service functions will occur. Initially, either directly or indirectly, from the CNG. Principal cities served on a retail DRI and CNG proposed to commence generation and sale of electric energy basis include: Cleveland, Akron, their combined operations with two within the United States; (2) EWGs Youngstown, Canton, Warren, Lima, subsidiary service companies. Upon which sell electricity at market based Ashtabula and Marietta in Ohio; closing of the Merger, DRI Services and rates that have been approved by the Pittsburgh (a portion), Altoona and other DRI affiliates will enter into a new Federal Energy Regulatory Commission Johnstown in Pennsylvania; Norfolk, single systemwide Service Agreement (‘‘FERC’’) or relevant state public utility Newport News, Virginia Beach, with CNG, CNG Services and other commission, provided that the Chesapeake, Hampton and subsidiaries of CNG. The new agreement purchaser is not an electric utility Williamsburg in Virginia; and will be modeled after the current service company affiliate of DRI; (3) a QF that Clarksburg and Parkersburg in West agreement in effect for the CNG sells electricity exclusively at rates Virginia. CNG serves approximately two system.13 The combined company will negotiated at arm’s length to one or million residential, commercial and operate with two service companies, more industrial or commercial industrial gas sales and transportation to and each DRI–CNG affiliate will have customers purchasing the electricity for retail customers. the opportunity to elect to purchase their own use and not for resale, or to CNG Transmission Corporation services from either company. an electric utility company that is not a operates a regional interstate pipeline Over time it is anticipated that the DRI affiliate company at the purchaser’s system and provides gas transportation provision of services within the ‘‘avoided cost’’ as determined under the and storage services to each of CNG’s combined DRI–CNG system will be regulations under PURPA; and (4) an public utility subsidiaries and to non- rationalized. However, in the interim, EWG or QF that sells electricity based affiliated utilities, end-users and others DRI and CNG each seek authorization to upon its cost of service, as approved by in the Midwest, the mid-Atlantic states engaged, through their respective the FERC or any state public utility and the Northeast. Through its wholly service companies, the following service commission having jurisdiction, owned subsidiary, CNG Iroquois, Inc., activities: accounting, auditing, legal provided that the purchaser of the CNG Transmission Corporation holds a and regulatory services, information electricity is not an electric utility 16% general partnership interest in the technology, electronic transmission and company affiliate of DRI. Iroquois Gas Transmission System, L.P., computer services, software pooling, which owns and operates an interstate Dominion Resources, Inc. (70–9517) natural gas pipeline extending from the 12 Initially, DRI Services will issue 100 shares of Dominion Resources, Inc. (‘‘DRI’’), Canada United States border near common stock, no par value, all of which will be 120 Tredgar Street, Richmond, Virginia Iroquois, Ontario, to Long island, New subscribed to DRI at $1 per share. 23219, a Virginia corporation and York. The Iroquois pipeline transports 13 On August 26, 1966 (Holding Co. Act Release holding company exempt from No. 15548), the Commission authorized formation Canadian gas to utility and power of CNG’s service company. Several amendments to registration under section 3(a)(1) of the generation customers in metropolitan the service agreement have been approved by the Act and rule 2, has filed an application- New York and New England. Commission under ‘‘60-day letter proceedings.’’ declaration under sections 6(a), 7, 9,(a),

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10, 12(b) of the Act and rules 42, 45, 53 of indebtedness which occurs after the entered into various credit facilities and 54 under the Act. Authorization Date, unless otherwise with outside lenders, has issued debt This application-declaration is approved by the Commission; (4) DRI securities, and has guaranteed or submitted in connection with DRI’s and its subsidiaries, including CNG, to otherwise supported the obligations of proposed acquisition of Consolidated incur additional indebtedness and its nonutility subsidiaries. DRI seeks Natural Gas Company (‘‘CNG’’), a similar obligations including guarantees authorization to maintain its, and Delaware corporation and registered and other credit support; and (5) DRI to CNG’s, existing financing arrangements holding company (‘‘Merger’’) (S.E.C. file issue up to 45.5 million shares of and other commitments through the No. 70–9477). As result of the Merger common stock under dividend Authorization Date.17 and other related transactions, either (1) reinvestment and stock-based DRI proposes through the CNG Acquisition, as the successor in management incentive and employee Authorization Date to issue equity, interest to CNG, will become a direct benefit plans. preferred and/or debt securities subsidiary of DRI or (2) each of CNG’s including, without limitation, for the Issuance of Securities and Incurrence of four public utility subsidiaries will purpose of refinancing indebtedness Indebtedness become direct subsidiaries of DRI. incurred to finance the cash component Following completion of the Merger, Shareholders of DRI and CNG will, in of the consideration to be paid to DRI DRI will register as a holding company connection with the Merger, be given and CNG shareholders in connection with the Commission under section 5 of the option to receive either cash or with the Merger. DRI seeks the Act. shares of DRI common stock in authorization to issue the above- To effectuate the merger,14 exchange for each share of DRI or CNG mentioned securities provided that the shareholders of DRI will have the option common stock held, subject to aggregate principal amount of the to receive either $43.00 in cash or one limitations on the aggregate amount of proceeds not exceed $1.5 billion and share of DRI common stock in exchange cash that may be distributed in provided that the cost of money with for each share of DRI common stock connection with Merger. Accordingly, respect to these securities shall not held, subject to certain cash distribution indebtedness will be incurred to finance exceed 500 basis points over LIBOR.18 limitations. Shareholders of CNG cash payments to DRI and CNG In addition to the Securities, DRI common stock will have the option to shareholders in connection with the proposes to issue other securities receive either $66.60 in cash or shares Merger. DRI anticipates that (‘‘Other Securities’’). DRI currently of DRI common stock in exchange for approximately $4.5 billion will be maintains in effect the following credit each share of CNG common stock held, required to finance the cash portion of and financing facilities: subject to certain cash distribution the Merger. Of this amount, $1 billion (1) DRI sells commercial paper in limitations. will be obtained through equity regional and national markets. Proceeds Applicants seek authority for: (1) DRI securities or securities convertible into of commercial paper issuances are used to issue common stock of DRI to equity securities and the remaining for general corporate purposes and are shareholders of CNG in connection with financing will be obtained through debt made available to DRI’s nonutility the Merger; (2) DRI to issue additional securities with a maturity not to exceed subsidiaries under intercompany credit equity, preferred and/or debt securities 50 years and an interest rate not in agreements. DRI’s nonutility for general corporate purposes for the excess of 500 basis points over the subsidiaries repay these financings period from and after the Merger comparable London Interbank Offered through cash flows and proceeds of through the second anniversary of the Rate (‘‘LIBOR’’). permanent financings. DRI’s commercial effectiveness of the Merger DRI anticipates that cash will initially paper is supported by bank lines of (‘‘Authorization Date’’); (3) DRI and its be obtained through the issuance of credit maintained by DRI. At December subsidiaries, including CNG, to commercial paper under an expanded 31, 1998, the aggregate outstanding maintain in effect for the period from DRI commercial paper program backed maximum face amount of DRI and after the Merger through the by a combination of short-term and commercial paper was $3.1 million. Authorization Date, all existing credit long-term credit facilities similar to the (2) DRI has entered into an Amended facilities and financing arrangements types of credit facilities that DRI and Restated Credit Agreement dated and to maintain outstanding all currently has in place. After closing of , 1996 and amended by the First indebtedness and similar obligations the Merger, DRI anticipates replacing a Amendment dated , 1997 (‘‘DRI created thereunder as of the date of the significant portion of the commercial Credit Agreement’’), among DRI, the closing of the Merger (including, paper program with proceeds from (1) lenders identified, and NationsBank, without limitation, any facilities, the issuance of debt, preferred and/or financing arrangements, indebtedness or convertible securities, (2) divestiture of amount of proceeds of securities issuances that may similar obligations incurred in DRI’s financial serves subsidiary, be obtained does not exceed $950 million. As of the connection with or to finance the date of the application-declaration, DRI issued Dominion Capital, Inc. (‘‘DCI’’), and (3) common stock under the universal shelf registration 15 Merger) and to amend, renew, extend the sale of other non-core assets. and derived $275 million of proceeds from the and/or replace any of these credit At present, DRI has established issuance. facilities, financing arrangements, various financing arrangements with 17 By order dated , 1996 (Holding Co. indebtedness or similar obligations up respect to its equity, preferred and debt Act Release No. 26500) (‘‘Omnibus Order’’), CNG was authorized to engage in various financing and to the aggregate dollar amounts 16 securities (‘‘Securities’’). DRI has related transactions through March 31, 2001. specified below, provided that no 18 The dividends payable on preferred stock and amendment, renewal, extension and/or 15 DRI states that it will divest its interest in DCI the interest rate and maturity of debt securities replacement which is effected following and DCI’s subsidiary companies within three years which may be issued under this authorization will completion of the Merger shall provide following completion of the Merger. be determined at the time of issuance and will not 16 DRI filed a universal shelf registration with the exceed those generally obtainable at the time of for an increase in the aggregate amount Commission on , 1997 (Registration issuance for securities having the same or No. 333–35501). The shelf registration covers reasonably similar maturities, terms, conditions and 14 The Merger transaction is more fully described equity, preferred and debt securities and allows DRI features issued by utility companies or utility in File No. 70–9477, which has been noticed to issue any one or more of the foregoing types of holding companies of reasonably comparable credit contemporaneously. securities provided that the aggregate principal quality.

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N.A., as agent for the lenders, under dated as of , 1998 between DRI subsidiary of DRI,19 had paid-in-capital which the lenders have agreed to make and The Chase Manhattan Bank, as from equity investments made by DRI of loans to DRI in an aggregate principal guarantee trustee. $456.4 million. DRI has entered into an amount not to exceed $300 million at (5) DRI has entered into a five-year Intercompany Credit Agreement dated any one time outstanding. Proceeds of End Loaded Lease Financing (‘‘ELLF’’) as of August 31, 1987 between DRI and the loans may be used for general as of September 9, 1998. The ELLF is DEI under which DEI may, subject to the corporate purposes and to support structured as an off-balance sheet terms and conditions of the commercial paper. The commitment of financing with a single purpose grantor Intercompany Credit Agreement, borrow the lenders under the DRI Credit trust, the lessor, formed to purchase, up to $350 million aggregate principal Agreement will expire on April 3, 2002 improve and own certain assets which amount at any one time outstanding if not canceled or terminated. are then leased to DRI. The lease from DRI. Proceeds from borrowings (3) DRI has entered into a Second structure is designed to permit DRI to may be used by DEI for general Amended and Restated Short-Term finance the assets on an off-balance corporate and working capital purposes. Credit Agreement dated March 31, 1999 sheet basis while allowing DRI to As of the date of this application- (‘‘DRI Short-Term Credit Agreement’’), maintain control of the property and declaration, DRI has guaranteed among DRI, the lenders identified, and retain the benefits of ownership for tax $122.312 million aggregate principal NationsBank, N.A., as administrative purposes. The assets which are financed amount of payment obligations of DEI agent for the lenders, under which the under the ELLF include an office and its subsidiaries. lenders have, subject to the terms and building and two aircraft. Payments DEI has also entered into an conditions set forth in the DRI Short- made by DRI under this leasing engagement letter dated , 1999 Term Credit Agreement, agreed to make arrangement are intended to cover the with Bank of America Leasing and loans to DRI in an aggregate principal periodic interest and principal Capital Group, an affiliate of amount not to exceed $300 million at payments required to be made by the NationsBank, with respect to a $825 any one time outstanding. Proceeds of lessor which has financed its million lease financing for the loans may be used for general corporate acquisition of the lease assets. The construction and lease of ten to fourteen purposes and to support commercial estimated aggregate amount of lease new gas-fired turbines and associated paper. The commitment of the lenders payment that DRI is required to make equipment to be installed at various under the DRI Short-Term Credit under the lease are $12.5 million. new power generation facilities 20 Agreement will expire 364 days after the (6) DRI has issued a note in the face currently under development by DEI. date thereof if not canceled or amount of $28.4 million due in 2008 The terms of the engagement letter terminated. which bears interest at a rate of 9.25% require that DRI guarantee the (4) DRI has in place an Indenture per year. As of December 31, 1998, the obligations of the lessee under the lease dated as of December 1, 1997 (‘‘DRI principal balance outstanding of the financing documents. Indenture’’) between DRI and The Chase DRI requests authorization to note was $18.6 million. Manhattan Bank under which DRI may, maintain in place the above guarantee (7) DRI has also entered into a subject to the terms and conditions set and other credit support arrangements, forth in the DRI Indenture, issue an Guarantee Agreement dated as of which total approximately $947.312 unlimited amount of Junior October 30, 1998 in favor of Bayerische million through the Authorization Date. Subordinated Debentures in one or more Landesbank Girozentrale in connection In addition, DRI proposes, through the series. As of the date of this application- with the Pounds Sterling 33,500,000 Authorization Date, to provide declaration, DRI has entered into a First Committed Multi-Currency Revolving additional guarantees or other credit Supplemental Indenture dated Advances Facility dated as of October support for DEI and it subsidiaries up to December 1, 1997 with The Chase 30, 1998 between DR Group Holdings, a an aggregate principal amount of $1.5 Manhattan Bank under which DRI has special purpose financing subsidiary billion. issued $257.7 million aggregate company organized under the laws of As of December 31, 1998, DCI had principal amount of 7.83% Junior the United Kingdom, and Bayerische paid-in-capital from equity investments Subordinated Debentures to Dominion Landesbank Girozentrale. made by DRI of $593.5 million. As of Resources Capital Trust I, which has in DRI requests Commission the date of this application-declaration, turn issued $250 million aggregate authorization to maintain outstanding except as described below, DRI has not principal amount of Capital Securities the Other Securities which currently entered into any capital contribution to investors. Proceeds of the issuance of total approximately $955.31 million. agreement or similar arrangement which the Capital Securities by Dominion DRI further requests authorization to expressly requires DRI to make Resources Capital Trust I are used solely issue additional other securities additional cash capital contributions to to acquire Junior Subordinated (‘‘Additional Other Securities’’) with DCI or any of the other DCI Companies. Debentures. Payments on account of the financing arrangements similar to those As of the date of this application- Junior Subordinated Debentures are described above in paragraphs (1) declaration, DRI has entered into an used by Dominion Resources Capital through (7), through the Authorization Intercompany Credit Agreement dated Trust I to make payments on account of Date, provided that the additional as of December 20, 1985 between DRI the Capital Securities. Proceeds of the aggregate principal amount of the and DCI under which DCI may, subject issuance of the Junior Subordinated Additional Other Securities shall not Debentures are used by DRI for general exceed $250 million, the cost of money 19 DEI has interests in various generation and corporate purposes including debt shall not exceed 500 basis points above small power production facilities in the United LIBOR and the final maturity date of the States, all of which are qualifying facilities (QFs’’) repayment. Amounts in respect of the as defined in the Public Utility Regulatory Policies Capital Securities are guaranteed by DRI Additional Other Securities shall not Act of 1978, as amended, or exempt wholesale under the Capital Securities Guarantee exceed 50 years. generators (‘‘EWGs’’) as defined in section 32 of the Agreement dated as of December 8, 1997 Act. Guarantees and Other Credit Support 20 It is anticipated the generation facilities will be between DRI and The Chase Manhattan ‘‘eligible facilities’’ within the meaning of section Bank, as guarantee trustee, and the New As of December 31, 1998, Dominion 32(a)(2) of the Act and their owners will qualify as Capital Securities Guarantee Agreement Energy, Inc. (‘‘DEI’’), a nonutility EWGs.

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57915 to the terms and conditions of the amount of cash. CNG also maintains CNG issues and sells commercial Intercompany Credit Agreement, borrow employee benefit plans. DRI proposes paper under the Omnibus Order to up to $250 million aggregate principal that following consummation of the dealers at the discount rate prevailing at amount at any one time outstanding Merger, that the employee benefit plans the date of issuance for comparable from DRI. Proceeds of borrowings by be either maintained, modified to commercial paper. The dealers reoffer DCI may be used for general corporate provide for the issuance of DRI common this commercial paper at a discount to and working capital purposes. stock in lieu of CNG common stock, or investors. The amount of commercial As of the date of this application- terminated. paper outstanding at any one time varies declaration, DRI has guaranteed $47.5 according to the seasonal working CNG and Its Subsidiaries million aggregate principal amount of capital needs of CNG. There was $558.9 payment obligations of DCI and its By Commission order dated March 28, million principal amount of CNG subsidiaries and has provided liquidity 1996, (Holding Co. Act Release No. commercial paper outstanding on support under the following agreements: 26500) (‘‘Omnibus Order’’), CNG was December 31, 1998. (1) Guaranty Agreement dated as of authorized to engage in various Currently outstanding under the May 13, 1996 by DRI in favor of DYNEX financing and related transactions Omnibus Order is a credit agreement Capital, Inc. (formerly Resource through March 31, 2001. The Omnibus dated as of , 1997 (‘‘CNG Credit Mortgage Capital, Inc.). The Guaranty Order allows CNG financing if CNG Agreement’’), among CNG and several was given in connection with a $47.5 meets the following conditions: (1) banks with The Chase Manhattan Bank, million promissory note made by CNG’s long-term debt must be rated as agent. The CNG Credit Agreement Dominion Mortgage Services, Inc., an investment grade by at least one provides a line of credit of up to $775 indirect wholly owned subsidiary of nationally recognized statistical rating million as back-up for commercial DRI. organization; (2) CNG’s common equity, paper. No loans are currently (2) Support Agreement dated as of as reflected in its most recent Form 10– outstanding under the Credit February 5, 1999 made by DRI in favor K or Form 10–Q an as adjusted to reflect Agreement. of DCI in connection with the subsequent events that affect As of December 31, 1998, CNG had an implementation of a $400 million capitalization, will be at least 30% of aggregate of $1,392,875 principal amount of senior debentures commercial paper financing program by consolidated capitalization; (3) the outstanding (excluding current DCI. The Support Agreement requires effective cost of money for debt may not maturities). Of this amount, $950 DRI to maintain 100% ownership of DCI exceed 300 basis points over the interest million principal amount were issued voting stock, to maintain a net worth rate on United States Treasury securities under an Indenture, dated as of April 1, $100 million for DCI and to provide of a comparable term; (4) the effective 1995, between CNG and United States liquidity support for DCI. cost of money for preferred stock and Trust Company of New York, as trustee. DRI requests authorization to other fixed securities may not exceed The remaining $442,875,000 principal maintain in place the foregoing 500 basis points over the interest rate on amount was issued under an Indenture, guarantees and other credit support 30-year United States Treasury dated as of May 1, 1971, between CNG arrangements for the benefit of DCI. DRI securities; (5) the maturity of debt may and The Chase Manhattan Bank, as further requests through the not be more than 50 years; (6) issuance successor trustee. Authorization Date, to provide expenses in connection with an offering CNG, and certain of its subsidiaries, additional guarantees or other credit of securities, including any are authorized under the Omnibus support for DCI and its subsidiaries up underwriting fees, commissions or other Order to enter into guarantee to an aggregate principal amount of $1.6 similar compensation, may not exceed arrangements, obtain letters of credit billion. 5% of the total amount of securities and otherwise provide credit support being issued; (7) proceeds of the Incentive Compensation Plans and with respect to the obligations of its proposed financing may not be used to Employee Benefit Plans subsidiaries. The aggregate amount of invest in an EWG or a FUCO; (8) at the all these arrangements cannot exceed $2 DRI maintains a direct stock purchase time of each financing transaction, CNG billion. Approximately $169.3 million plan (‘‘Dominion Direct’’) with a must be in compliance with the in guarantees is currently outstanding. dividend reinvestment feature, requirements of rule 53 under the Act; DRI proposes to make the following 21 incentive compensation plans, and and (9) proceeds of the proposed modifications to the Omnibus Order: (1) other employee benefit plans. Following financing by subsidiaries of CNG must that the term of the Omnibus Order be the Merger, Dominion Direct, DRI’s be used only in connection with their extended through the Authorization incentive compensation plans, and respective existing businesses. Date; (2) that the amount of financing other employee benefit plans will Under the Omnibus Order CNG may permitted under the Omnibus Order, as remain in effect. issue and sell common stock, preferred extended, be increased from $7 billion CNG maintains a dividend stock, short-term debt, long-term debt to $10 billion; (3) that the aggregate reinvestment plan (‘‘CNG DRIP’’). DRI and other securities from time to time amount of guarantees and credit support proposes, following consummation of through March 31, 2001, provided that that may be given by CNG and its the Merger, to terminate the CNG DRIP. the aggregate amount of short-term and subsidiaries be increased from $2 billion CNG also maintains several stock revolving debt outstanding at any one to $3 billion; and (4) that CNG be incentive plans. Following time and the aggregate amount of authorized to give guarantees and other consummation of the Merger, DRI common stock, preferred stock, long- credit support for the benefit of any of proposes to compensate plan term debt and other securities issued its direct and indirect subsidiaries as participants for all benefits, grants of during the period shall not exceed $7 needed to support the subsidiary’s awards, and options with an appropriate billion. All sales and issuances of normal course of business. common stock, short-term debt and There are also several individual 21 Performance grants, restricted stock awards, goal-based stock awards, stock options and stock long-term debt by CNG subsequent to outstanding authorizations granted to appreciation rights may be granted under the DRI March 28, 1996 have occurred under the CNG system companies under the Act in incentive compensation plans. Omnibus Order. addition to the Omnibus Order.

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(1) CNG Money Pool. By orders dated (5) Partnerships. By orders dated July and FUCOs. The order also authorized and , 1986 (Holding Co. 26, 1995 and , 1997 CNG to provide CNG International up to Act Release Nos. 24128 and 24150, (Holding Co. Act Release Nos. 26341 $300 million credit support with respect respectively), as amended by orders and 26807, respectively), the to its investments. Jurisdiction was dated , 1987 (Holding Co. Act Commission authorized a former wholly retained over CNG’s request to invest up Release No. 24399), February 14, 1990 owned subsidiary of CNG, CNG Energy to $300 million in certain foreign energy (Holding Co. Act Release No. 25040), Services Corporation (‘‘Energy activities including foreign gas May 13, 1991 (Holding Co. Act Release Services’’), to acquire ownership pipelines. By supplemental order dated No. 25311), April 8, 1994 (Holding Co. interests with nonaffiliates in projects October 25, 1996 (Holding Co. Act Act Release No. 26021), and July 18, that involve gas-related activities. The Release No. 26595), the Commission 1997 (Holding Co. Act Release No. dollar limit on these investments is released jurisdiction over proposed 26742), the Commission authorized the $200 million. Under this authorization, investments of up to an aggregate of $75 establishment and operation of the Energy Services formed CNG Main Pass million in two gas pipelines, one in Consolidated System Money Pool. Gas Gathering Corporation and CNG Bolivia and the other in Argentina. No (2) Iroquois Pipeline. By orders dated Main Pass Oil Gathering System. In direct investment was made by CNG , 1991, February 28, 1991, May connection with the sale of Energy International under this authorization, 7, 1991, , 1993, and September 12, Services to an unaffiliated third party, and the authorization is regarded as 1996 (Holding Co. Act Release Nos. ownership in these two companies was having lapsed. By supplemental order 25239, 25263, 25308, 25845 and 26571, transferred to CNG, and the authority to dated November 19, 1996 (Holding Co. respectively), the Commission form partnerships with nonaffiliates Act Release No. 26608), the Commission authorized CNG Transmission without prior Commission approval was released jurisdiction over a proposed Corporation (‘‘CNGT’’) to provide transferred to CNG Producing Company. investment of up to $75 million in three financing to its wholly owned This authorization expires on December gas pipelines in Australia. subsidiary, CNG Iroquois, Inc. (‘‘CNGI’’), 31, 2002. Approximately $38.8 million was for use relating to CNGI’s 16% general (6) Power Services Guarantees. By invested in these projects in late 1996. partnership interest in Iroquois Gas order dated August 2, 1996 (Holding Co. As a result of these transactions, CNG Transmission System L.P. (‘‘Iroquois’’). Act Release No. 26551), the Commission International now indirectly holds a The interstate pipeline owned by authorized CNG to issue parent 30% ownership interest in Epic Energy Iroquois was completed in 1992. guarantees up to an aggregate of $250 Pty Ltd., an Australian company. By Financing of CNGT’s interest in Iroquois million on behalf of its wholly owned supplemental order dated February 12, was accomplished through the purchase subsidiary, CNG Power Services 1998 (Holding Co. Act Release No. by CNGT of common stock of CNGI. Corporation (‘‘CNG Power Services’’). 26824), the Commission released Related authorizations concerning credit CNG Power Services is engaged in the jurisdiction over a proposed investment support expire on June 30, 2001. purchase and sale of electricity at of up to $165 million by CNG (3) Hub Market Center. By order dated wholesale. The authorization expires on International in the Alinta gas pipeline October 21, 1994 (Holding Co. Act , 2001. in Western Australia. In March 1998, Release No. 26148), the Commission (7) Energy Marketing. By order dated CNG International paid approximately authorized CNG to provide its , 1997 (Holding Co. Act $143.2 million to acquire its 33% equity subsidiary, CNG Power Company (‘‘CNG Release No. 26652), the Commission interest in the pipeline, through Power’’) with up to $2 million in authorized Energy Services to invest up intermediate companies including Epic financing to be used by CNG Power to to $250 million to expand its business Energy Australia Trust. By invest in its special purpose wholly to market electricity and other energy supplemental order dated , 1999 owned subsidiary, CNG Market Center commodities and to engage in fuel (Holding Co. Act Release No. 27002), Services, Inc. (‘‘CNGMC’’). Financing management and other incidental the Commission released jurisdiction can be provided by CNG through the related activities. Energy Services was over a proposed investment of up to purchase of CNG Power common stock, authorized to acquire interests in other $100 million by CNG International in a the making of open account advances, entities, including corporations, gas pipeline being privatized by the long-term loans to CNG Power, or any partnerships, limited liability state of Victoria, Australia. CNG combination thereof. The authorization companies, and joint ventures. CNG International was not the winning expires on July 1, 2004. Retail Corporation was formed on bidder for the pipeline, and no (4) Energy Related Services. By orders January 30, 1997 under the order to investment will be made under this dated , 1995 and August 27, engage in the business of selling natural authorization. 1997 (Holding Co. Act Release Nos. gas, electricity and other products at DRI requests Commission 26363 and 26757, respectively), the retail. On July 29, 1998 (Holding Co. Act authorization to maintain in effect the Commission authorized CNG Products Release No. 26900), CNG Retail above described CNG financing and Services, Inc. (‘‘CNGP&S’’) to Corporation became a direct subsidiary arrangements and to extend through the engage in the business of providing of CNG and succeeded to the Authorization Date, all of the above several categories of energy-related authorizations and reporting obligations described authorizations which are services to customers of CNG’s local under the order subsequent to the sale stated to expire prior to December 31, distribution companies and to others, of Energy Services by CNG to an 2002. primarily customers of utilities not unaffiliated party. The authorization affiliated with CNG. CNG was expires on December 31, 2001. Energy East Corporation, et al. (70– authorized to provide CNGP&S with up (8) CNG International. By order dated 9545) to $10 million of financing through the , 1996 (Holding Co. Act Release Energy East Corporation (‘‘Energy sale of debt and common stock to its No. 26523), the Commission authorized East’’), a New York corporation and a immediate parent, or through the CNG to form CNG International public utility holding company exempt obtaining of open account advances Corporation (‘‘CNG International’’), to from registration under section 3(a)(1) of from its parent. The authorization acquire directly or through intermediary the Act from all provisions of the Act, expires on December 31, 2000. companies interests in foreign EWGs except section 9(a)(2), and Merger Co.,

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57917 a Connecticut corporation wholly Enterprises’ nonutility subsidiaries are: array of energy products and services to owned by Energy East which is not New Hampshire Gas Corporation, an commercial and industrial customers, currently subject to the Act, c/o Energy energy services company in New including sales of bulk energy, East, each at P.O. Box 1196, Stamford, Hampshire specializing in propane air operation of a liquefied natural gas open Connecticut 06904, seek an order under distribution systems; Southern Vermont access storage facility, and sales of sections 9(a)(2) and 10 of the Act Natural Gas Corporation, which is natural gas for peak-shaving and authorizing them to acquire all of the developing a combined natural gas emergency deliveries; CNE issued and outstanding common stock supply and distribution project that Development Corporation, which is a of Connecticut Energy Corporation includes an extension of a pipeline from 16.67% equity participant in East Coast (‘‘Connecticut Energy’’), a Connecticut New York to Vermont and the Natural Gas Cooperative, LLC, which corporation and a public utility holding development of natural GS distribution purchases and stores gas spot supplies, company exempt from registration systems in Vermont; and Seneca Lake provides storage service utilization under section 3(a)(1) of the Act from all Storage, Inc., which proposes to own services and is involved in bundled provisions of the Act, except section and operate a gas storage facility in New sales; and CNE Venture-Tech, Inc., 9(a)(2). Energy East and Merger Co. also York. which invests in ventures that produce request exemptions under section Maine GasCo, a Maine corporation, is or market technologically advanced 3(a)(1) from all provisions of the Act, an emerging gas utility company which energy-related products. except section 9(a)(2), upon began providing service to retail Southern Connecticut, a Connecticut consummation of the proposed customers in May 1999. Maine GasCo is corporation, is engaged in the transaction. in the process to constructing a local transportation and retail distribution of Energy East is an exempt holding natural gas distribution system in the natural gas in a service territory along company by order of the Commission.22 State of Maine. the southern Connecticut coast from Energy East’s principal subsidiaries are Energy East also owns several non- Westport to Old Saybrook, including New York State Electric & Gas utility subsidiaries, including: (1) Bridgeport and New Haven. Southern Corporation (‘‘NYSEG’’), a combined gas Enterprises, which, besides serving as Connecticut serves about 158,000 and electric public utility company, and Main GasCo’s parent, owns natural gas customers. Southern Connecticut is Energy East Enterprises, Inc. and propane air distribution companies; subject to retail rate regulation, among (2) XENERGY Enterprises; Inc., which (‘‘Enterprises’’), a non utility company other things, by the Connecticut provides energy and which is also a public utility holding Department of Public Utility Control telecommunications services and owns company by virtue of its ownership of (‘‘DPUC’’). several nonutility subsidiary companies; a majority of the voting securities of For the 12 months ended June 30, (3) Energy East Management CMP Natural Gas, L.L.C. (‘‘Maine 1999, Connecticut Energy’s operating GasCO’’), a gas public utility company. Corporation, which invests the proceeds of the sale of NGE Generation, Inc.’s revenues and total utility plant on a NYSEG, a New York corporation, is consolidated basis were $230 million 23 generation assets; (4) Oak Merger Co., engaged in generating, purchasing, and $277 million, respectively. Also as transmitting, and distributing which was formed solely for the purpose of consummating the proposed of June 30, 1999, Connecticut Energy electricity, and purchasing, had 10,388,000 outstanding shares of transporting, and distributing natural merger with COG Resources, Inc., an exempt gas utility holding company; common stock, $1 par value. gas. NYSEG’s electric service territory Energy East also states that the covers about 19,900 square miles and and (5) EE Merger Corp., which was formed solely for the purpose of merged gas system will meet the NYSEG’s natural gas service territory standards of section 2(a)(29)(B) as the covers about 6,594 square miles, both in consummating the proposed merger with and into CMP Group, Inc., an gas operations of Energy East and the central, eastern, and western parts of Connecticut Energy will be integrated. the State of New York. NYSEG serves exempt electric and gas utility holding company. Energy East states that Connecticut about 826,000 electric customers and Energy’s gas system and Energy East’s about 244,000 natural gas customers. For the 12 months ended June 30, 1999, Energy East’s operating revenues gas system will share a ‘‘common source NYSEG’s retail electric and gas service, of supply’’ and will be operated as a among other things, is regulated by the and total utility plant on a consolidated basis were approximately $2.5 billion ‘‘single coordinated system.’’ Energy Public Service Commission of the State East further states that Connecticut of New York (‘‘NYPSC’’), and its and $2.2 billion, respectively. Also as of June 30, 1999, Energy East had Energy and Energy East will be able to wholesale sales of electricity are achieve ‘‘substantial economies’’ in gas regulated by the Fedora Energy 115,878,000 outstanding shares of common stock, $0.01 par value; supply through the increased Regulatory Commission (‘‘FERC’’). purchasing power and gas supply Enterprises, a wholly owned 25,000,000 outstanding shares of coordination that will result from being subsidiary of Energy East, is an exempt preferred stock subject to mandatory part of the larger combined gas system. holding company by order of the redemption; and 10,131,000 outstanding Finally, Energy East states that the area Commission.24 Enterprises owns natural shares of preferred stock redeemable or region served by NYSEG and by gas and propane air distribution solely at the option of the subsidiary. Connecticut Energy claims an Southern Connecticut will not be ‘‘so companies including a majority of the intrastate exemption by rule 2. large as to impair * * * the advantages voting securities of Maine Gas Co. Connecticut Energy wholly owns The of localized management, efficient operation, and the effectiveness of 22 See Energy East Corporation. Holding Co. Act Southern Connecticut Gas Company Release No. 26976 (Feb. 12, 1999). (‘‘Southern Connecticut’’), a gas utility regulation.’’ 23 NYSEG generates electricity from its 18% share company, which is Connecticut Merger Co. was formed to facilitate of a nuclear station and its hydroelectric stations. Energy’s sole public utility subsidiary. the merger of Energy East and Southern NYSEG has agreed to sell its share of the nuclear Connecticut Energy also directly and Connecticut. Energy East owns all of station, which is expected to be completed by early next year. indirectly owns several non utility Merger Co.’s issued and outstanding 24 See Energy East Corporation, Holding Co. Act subsidiaries, including: CNE Energy shares. Merger Co. owns no subsidiary Release No. 26976 (Feb. 12, 1999). Services Group, Inc., which provides an companies.

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Under the Agreement and Plan of Connecticut Energy shares will be For the Commission by the Division of Merger, dated as of April 23, 1999, as converted into cash and 50% will be Investment Management, under delegated amended as of July 15, 1999 (‘‘Merger converted into Energy East shares. authority. Agreement’’), Energy East will acquire Connecticut Energy shareholders as a Margaret H. McFarland, all of the issued and outstanding group may submit elections to convert Deputy Secrertary. common stock of Connecticut Energy.25 more than half of the outstanding [FR Doc. 99–27984 Filed 10–26–99; 8:45 am] Upon completion of the proposed Connecticut Energy shares into cash or BILLING CODE 8010±01±M transaction, Merger Co. will be the more than half into Energy East shares. surviving party, remain a wholly-owned If either cash or Energy East shares is subsidiary of Energy East, and change oversubscribed, then an equitable pro its name to, and operate under, the rata adjustment will be made to ensure SMALL BUSINESS ADMINISTRATION name of ‘‘Connecticut Energy that half of the outstanding Connecticut Corporation.’’ Southern Connecticut Data Collection Available for Public Energy shares are converted into cash will become a direct, wholly-owned Comments and Recommendations and half are converted into Energy East subsidiary of Merger Co. and an shares. indirect, wholly-owned subsidiary of ACTION: Notice and request for Energy East. Energy East states that the transaction comments. For the transaction, all outstanding will produce benefits to the consumers shares of common stock of Connecticut of electricity and gas in the northeastern SUMMARY: In accordance with the Energy (other than those held by United States by operating more cost- Paperwork Reduction Act of 1995, this Connecticut Energy shareholders who effectively, increasing financial notice announces the Small Business have not voted in favor of the flexibility and providing strategic Administration’s intentions to request transaction and have properly growth opportunities that will benefit approval on a new, and/or currently demanded dissenters’ rights) will be the combined company and its approved information collection. converted into the right to receive the shareholders and customers. Energy DATES: Submit comments on or before merger consideration. Connecticut East also states that, after the December 27, 1999. Energy shareholders can elect to receive transaction, the combined system will ADDRESSES: Send all comments cash, Energy East shares, or a be better positioned to take advantage of combination of cash and Energy East regarding whether these information operating economies and efficiencies collections are necessary for the proper shares. The cash consideration amounts through, among other measures, joint to $42 in cash, without interest, per performance of the function of the management and optimization of their share. The stock consideration is a agency, whether the burden estimate is respective portfolios of gas supply, number of Energy East shares that will accurate, and if there are ways to vary depending on the ‘‘Average Market transportation, and storage assets. minimize the estimated burden and Price,’’which is defined in the Merger Furthermore, Energy East states that the enhance the quality of the collections, to Agreement as the average of the closing combination of the companies’ Cynthia Pitts, Program Analyst, Office of prices of Energy East shares on the New complementary expertise and Disaster Assistance, Small Business York Stock Exchange during the 20 infrastructure will provide the Administration, 409 3rd Street, S.W. trading days immediately preceding the combined system with the size and Suite 6050. second trading day prior to the effective scope necessary to be an effective FOR FURTHER INFORMATION CONTACT: time of the transaction. If the Average participant in the emerging and Cynthia Pitts, Program Analyst, 202– Market Price is equal to or more than increasingly competitive electric and 205–6734 or Curtis B. Rich, $23.10 per share and equal to or less natural gas markets. Finally, Energy East Management Analyst, 202–205–7030. than $29.40 per share, then a states that the combined system will be SUPPLEMENTARY INFORMATION: Connecticut Energy share will be financially stronger and will have a exchanged for $42 worth of Energy East broader customer base than Connecticut Title: ‘‘Governor’s Request for Disaster shares. If the Average Market Price is Energy has as an independent entity. Declaration.’’ less than $23.10, then a Connecticut Form No: N/A. The application states that, following Energy share will be exchanged for 1.82 the transaction, Energy East and Merger Description of Respondents: Person’s Energy East shares. If the Average Co. will each meet the requirements for applying for Disaster Loans. Market Price is more than $29.40, then Annual Responses: 52. a Connecticut Energy share will be an exemption under section 3(a)(1) of exchanged for 1.43 Energy East shares. the Act. It is stated that each of Energy Annual Burden: 1,040. Subject to an adjustment for tax East and Merger Co. and their respective Title: ‘‘Disaster Home/Business Loan reasons, 50% of all outstanding public utility subsidiaries will be Inquiry.’’ predominantly instrastate in character Form No: 700. 25 The transaction will be accounted for as an and will carry on their business acquisition of Connecticut Energy by energy east substantially in New York and Description of Respondents: Person’s under the purchase method of accounting in Connecticut, respectively, the states in applying for Disaster Loans. accordance with generally accepted accounting Annual Responses: 37,736. principles. A portion of the purchase price will be which they are organized. It is also allocated to nonutility assets and liabilities of stated that Enterprises will continue to Annual Burden: 9,434. Connecticut Energy based on their estimated fair be entitled to an exemption under Dated: October 22, 1999. market values at the date of acquisition. As a section 3(a)(1) of the Act as the regulated utility, the assets and liabilities of Vanessa Piccioni, Southern Connecticut will not be revalued. The transaction will have no impact on the Acting Chief, Administrative Information difference between the purchase price, representing status of Enterprises as a holding Branch. fair value, and the recorded amounts will be shown company. as goodwill on the balance sheet of Connecticut [FR Doc. 99–28095 Filed 10–26–99; 8:45 am] Energy. BILLING CODE 8025±01±P

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SMALL BUSINESS ADMINISTRATION Boulevard, Baltimore, MD 21235, (410) (Catalog of Federal Domestic Assistance 965–1695. Program Nos. 96.001 Social Security— Data Collection Available for Public Disability Insurance; 96.002 Social Comments and Recommendations SUPPLEMENTARY INFORMATION: A Social Security—Retirement Insurance; 96.004 Security Acquiescence Ruling explains Social Security—Survivors Insurance) ACTION: Notice and request for how we will apply a holding in a Dated: October 20, 1999. comments. decision of a United States Court of Appeals that we determine conflicts Kenneth S. Apfel, SUMMARY: In accordance with the with our interpretation of a provision of Commissioner of Social Security. Paperwork Reduction Act of 1995, this the Social Security Act or regulations [FR Doc. 99–28018 Filed 10–26–99; 8:45 am] notice announces the Small Business when the Government has decided not BILLING CODE 4191±02±P Administration’s intentions to request to seek further review of the case or is approval on a new, and/or currently unsuccessful on further review. approved information collection. As provided by 20 CFR 404.985(e)(4) DATES: Submit comments on or before a Social Security Acquiescence Ruling DEPARTMENT OF STATE December 27, 1999. may be rescinded as obsolete if we ADDRESSES: Send all comments subsequently clarify, modify or revoke [Public Notice 3142] regarding whether this information the regulation or ruling that was the collection is necessary for the proper subject of the circuit court holding for Culturally Significant Objects Imported performance of the function of the which the Acquiescence Ruling was for Exhibition Determinations: agency, whether the burden estimate is issued. ``Dangerous Curves: The Art of the Guitar'' accurate, and if there are ways to On January 13, 1997, we issued minimize the estimated burden and Acquiescence Ruling 97–1(1) to reflect DEPARTMENT: Department of State. enhance the quality of the collections, to the holding in Parisi By Cooney v. Eunice Ricks, Business Development Chater, 69 F.3d 614 (1st Cir. 1995), that ACTION: Notice. Specialist, Office of Business Initiatives, the Social Security Administration Small Business Administration, 409 3rd (SSA), when computing a family SUMMARY: Notice is hereby given of the Street, S.W. Suite 6100. maximum reduction pursuant to section following determinations: Pursuant to FOR FURTHER INFORMATION CONTACT: 203(a) of the Social Security Act, should the authority vested in me by the Act of Eunice Ricks, Business Development not include the monthly benefit that October 19, 1965 (79 Stat. 985, 22 U.S.C. Specialist, 202–205–7422 or Curtis B. would otherwise be payable to a spouse 2459 ), the Foreign Affairs Reform and Rich, Management Analyst, 202–205– entitled on the earnings record of a Restructuring Act of 1998 (112 Stat. 7030. worker if payment of that spouse’s 2681, et seq.), Delegation of Authority SUPPLEMENTARY INFORMATION: benefit is precluded by section No. 234 of October 1, 1999, and Title: ‘‘Counselor’s Case Report.’’ 202(k)(3)(A) of the Act due to the Delegation of Authority of October 19, Form No: 641A. spouse’s entitlement to a higher benefit 1999, I hereby determine that the objects Description of Respondents: SBI and on the spouse’s own earnings record. to be included in the exhibition Score Counselors. The court also held that the statutory ‘‘Dangerous Curves: The Art of the Annual Responses: 300,000. language of section 203(a) requires SSA Guitar,’’ imported from abroad for the Annual Burden: 60,000. to consider the actual amount of temporary exhibition without profit Dated: October 22, 1999. benefits payable under the relevant within the United States, are of cultural Vanessa Piccioni, benefit provisions, not purely significance. These objects are imported Acting Chief, Administrative Information theoretical entitlements, in calculating pursuant to loan agreements with Branch. the total monthly benefits payable on foreign lenders. I also determine that the [FR Doc. 99–28096 Filed 10–26–99; 8:45 am] the worker’s earnings record under the exhibition or display of the exhibit family maximum. objects at the Museum of Fine Arts, BILLING CODE 8025±01±P Concurrent with the rescission of this Boston, Massachusetts from on or about Ruling, we are publishing our final rules , 2000, to on or about , 2001, is in the national SOCIAL SECURITY ADMINISTRATION amending section 404.403 of Social Security Regulations No. 4 (20 CFR interest. Public Notice of these Rescission of Social Security 404.403) to change the method for Determinations is ordered to be Acquiescence Ruling 97±1(1) computing the family maximum benefit published in the Federal Register. reduction when a beneficiary has dual FOR FURTHER INFORMATION CONTACT: For AGENCY: Social Security Administration. entitlement on a another earnings further information, including a list of ACTION: Notice of rescission of Social record. The final rules provide in exhibit objects, contact Carol B. Epstein, Security Acquiescence Ruling 97–1(1)— paragraph 404.403(a)(5) that, when Attorney-Adviser, Office of the Legal Parisi By Cooney v. Chater, 69 F.3d 614 benefits are subject to reduction for both Adviser, U.S. Department of State (1st Cir. 1995). the family maximum and dual (telephone: 202/619–6981). The address entitlement, we consider only the is U.S. Department of State, SA–44; SUMMARY: In accordance with 20 CFR amount of benefits actually due or 404.985(e) and 402.35(b)(2), the 301–4th Street, SW, Room 700, payable to the person with dual Washington, DC 20547–0001. Commissioner of Social Security gives entitlement on the same earnings record notice of the rescission of Social when calculating the reduction under Dated: October 21, 1999. Security Acquiescence Ruling 97–1(1). the family maximum. Because the James D. Whitten, EFFECTIVE DATE: October 27, 1999. change in the regulations adopts the Executive Director, Bureau of Educational FOR FURTHER INFORMATION CONTACT: Gary Parisi court’s holding on a nationwide and Cultural Affairs, Department of State. Sargent, Litigation Staff, Social Security basis, we are rescinding Acquiescence [FR Doc. 99–28090 Filed 10–26–99; 8:45 am] Administration, 6401 Security Ruling 97–1(1). BILLING CODE 4710±08±P

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DEPARTMENT OF STATE Telecommunication Advisory Dated: October 18, 1999. Committee, and International Marian Gordon, [Public Notice 3143] Telecommunication Advisory Director, Telecommunication & Information Culturally Significant Objects Imported Committee—Telecommunication Standardization, U.S. Department of State. for Exhibition Determinations: ``A Standardization (ITAC–T) National [FR Doc. 99–28206 Filed 10–25–99; 2:04 pm] Painting in Focus: Nicolas Poussin's Committee and Study Group A. The BILLING CODE 4710±45±P Holy Family on the Steps'' purpose of the Committees is to advise the Department on policy and technical DEPARTMENT: Department of State. issues with respect to the International DEPARTMENT OF STATE ACTION: Notice. Telecommunication Union and international telecommunication Under Secretary of State for Public SUMMARY: Notice is hereby given of the standardization. Except where noted, Diplomacy and Public Affairs; following determinations: Pursuant to meetings will be held at the Department Delegation of Authority No. 236 the authority vested in me by the Act of of State, 2201 ‘‘C’’ Street, NW, [Relating to Immunity from Judicial October 19, 1965 (79 Stat. 985, 22 U.S.C. Washington, DC. Seizure of Cultural Objects 2459 ), the Foreign Affairs Reform and The ITAC will meet from 10:00 AM to Temporarily Imported into the United Restructuring Act of 1998 (112 Stat. noon on October 27 (rather than October States] 2681, et seq.), Delegation of Authority 20 as previously announced), November By virtue of the authority vested in No. 234 of October 1, 1999, and 3, November 10, November 17, me as the Under Secretary of State for Delegation of Authority of October 19, November 22, December 1, and Public Diplomacy and Public Affairs by 1999, I hereby determine that the objects December 8 to continue preparations for law, including by Delegation of to be included in the exhibition ‘‘A a meeting of the ITU Working Group on Authority No. 234 of October 1, 1999, Painting in Focus: Nicolas Poussin’s ITU Reform. All meetings will be at the and the Foreign Affairs Reform and Holy Family on the Steps,’’ imported Department of State. Restructuring Act of 1998 (112 Stat. from abroad for the temporary The ITAC–T National Committee will 2681 et seq.), and to the extent exhibition without profit within the meet from 9:30 to 4:00 on November 18, permitted by law, I hereby delegate to United States, are of cultural 1999 to review actions taken at the the Assistant Secretary for Educational significance. These objects are imported recent ITU Telecommunication Sector and Cultural Affairs the functions in pursuant to loan agreements with Advisory Group (TSAG) and consider Public Law 89–259 (79 Stat. 985) (22 foreign lenders. I also determine that the further action required by the ITU U.S.C. 2459) (providing for immunity exhibition or display of the exhibit Working Group on Reform and the from judicial seizure for cultural objects objects at the Cleveland Museum of Art, World Telecommunication Sector imported into the U.S. for temporary Cleveland, Ohio, from on or about Assembly. The meeting will be held at exhibits). , 2000, to on or about the Department of State. Until such time as the Assistant , 2000, is in the national US Study Group A will meet from Secretary for Educational and Cultural interest. Public Notice of these 9:30 to noon on December 1, 1999 to Affairs has been confirmed by the Determinations is ordered to be prepare for the next meeting of ITU–T Senate and sworn into office, the published in the Federal Register. Study Group 3 in December. It is functions delegated by this order shall FOR FURTHER INFORMATION CONTACT: For anticipated that the meeting will be at be exercised by the Executive Director further information, including a list of the Department of State. of the Bureau of Educational and exhibit objects, contact Carol B. Epstein, Members of the general public may Cultural Affairs, in consultation with Attorney-Adviser, Office of the Legal attend these meetings. Entrance to the the Executive Assistant to the Under Adviser, U.S. Department of State Department of State is controlled; Secretary of State for Public Diplomacy (telephone: 202/619–6981). The address people intending to attend any of the and Public Affairs and the Office of the is U.S. Department of State, SA–44; ITAC meetings should send a fax to Legal Adviser. 301–4th Street, SW, Room 700, (202) 647–7407 not later than 24 hours Notwithstanding any other provision Washington, DC 20547–0001. before the meeting. This fax should of this order, the Under Secretary of Dated: October 21, 1999. display the name of the meeting (ITAC, State for Public Diplomacy and Public Affairs may at any time exercise any James D. Whitten, ITAC T National Committee, or Study Group A and date of meeting), your function or authority delegated or Executive Director, Bureau of Educational reserved by this delegation of authority. and Cultural Affairs, Department of State. name, social security number, date of birth, and organizational affiliation. One Functions delegated by this [FR Doc. 99–28091 Filed 10–26–99; 8:45 am] delegation of authority may be BILLING CODE 4710±08±P of the following valid photo identifications will be required for redelegated, to the extent consistent admission: US driver’s license, passport, with law. Any reference in this delegation of DEPARTMENT OF STATE US Government identification card. Enter from the 23rd Street Lobby; in authority to any statute or delegation of [Public Notice No. 3134 view of escorting requirements, non- authority shall be deemed to be a reference to such statute or delegation of International Telecommunication Government attendees should plan to arrive not less than 15 minutes before authority as amended from time to time. Advisory Committee; International This delegation shall be published in the meeting begins. Actual room Telecommunication Advisory the Federal Register. assignments may be determined at the Committee Telecommunication Dated: October 19, 1999. Standardization Sector (ITAC±T) lobby or by calling the Secretariat at 202 Evelyn S. Lieberman, National Committee and Study Group 647–7407. A; Meetings Attendees may join in the Under Secretary of State for Public Diplomacy discussions, subject to the instructions and Public Affairs, U.S. Department of State. The Department of State announces of the Chair. Admission of members will [FR Doc. 99–28088 Filed 10–26–99; 8:45 am] meetings of the U.S. International be limited to seating available. BILLING CODE 4710±11±P

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DEPARTMENT OF STATE in accordance with the U.S. program DEPARTMENT OF TRANSPORTATION described above, would not require [Public Notice 3141] TEDs. Federal Aviation Administration Determination by the Department of d. Shrimp harvested in any other manner or under any other Aviation Rulemaking Advisory State Regarding Shrimp Imports From Committee; Transport Airplane and the Spencer Gulf in Southern Australia circumstances that the Department of State may determine, following Engine IssuesÐNew Task consultation with the National Marine AGENCY: Federal Aviation SUMMARY: The Department of State has Fisheries Service, does not pose a threat Administration (FAA), DOT. of the incidental taking of sea turtles. determined that the harvesting of ACTION: Notice of new task assignment The Department of State shall publish shrimp in the Spencer Gulf of southern for the Aviation Rulemaking Advisory any such determinations in the Federal Australia does not pose a threat of the Committee (ARAC). incidental taking of sea turtles. Register and shall notify affected Accordingly, the prohibitions on the foreign governments and other SUMMARY: Notice is given of a new task importation of shrimp set forth in interested parties directly.’’ (emphasis assigned to and accepted by the Section 609 of Public Law 101–162 do added.) Aviation Rulemaking Advisory not apply to shrimp harvested in the The Department of State hereby Committee (ARAC). This notice informs Spencer Gulf. determines, following consultation with the public of the activities of ARAC. EFFECTIVE DATE: October 27, 1999. the National Marine Fisheries Service, FOR FURTHER INFORMATION CONTACT: that the harvesting of shrimp in the FOR FURTHER INFORMATION CONTACT: Mr. Dorenda Baker, Transport Airplane Spencer Gulf in southern Australia does David Hogan, Office of Marine Directorate, Aircraft Certification not pose a threat of the incidental taking Conservation, Bureau of Oceans and Service (ANM–110), 1601 Lind Avenue, of sea turtles. International Environmental and SW., Renton, WA 98055; phone (425) In requesting such a determination, 227–2109; fax (425) 227–1320. Scientific Affairs, Department of State, the Government of Australia submitted Washington DC, telephone number information, including a report SUPPLEMENTARY INFORMATION: (202) 647–2335. compiled by the South Australian Background SUPPLEMENTARY INFORMATION: Section Research and Development Institute, 609 of Public Law 101–162 (‘‘Section which contained evidence, described The FAA has established an Aviation 609’’) provides that shrimp harvested below, that commercial shrimp trawling Rulemaking Advisory Committee to with commercial fishing technology that operations in the Spencer Gulf do not provide advice and recommendations to may adversely affect certain species of pose a threat to sea turtles. This the FAA Administrator, through the sea turtles may not be imported into the information, which was reviewed by the Associate Administrator for Regulation United States. This import prohibition Office of Marine Conservation of the and Certification, on the full range of does not apply to certain categories of Department of State and the Office of the FAA’s rulemaking activities with shrimp harvested in ways that do not Protected Resources of the National respect to aviation-related issues. this harm sea turtle species. Marine Fisheries Service, includes a includes obtaining advice and Following the publication by the wide range of scientific, biological and recommendations on the FAA’s Department of State of a notice in the commercial data. commitment to harmonize its Federal Federal Register on , 1999 (Public In particular, the information Aviation Regulations (FAR) and Notice 3086, 64 FR 36946), which submitted by the Government of practices with its trading partners in revised the guidelines used by the Australia reflects diverse sources of data Europe and Canada. Department in implementing Section from long-term surveys—fishery One area ARAC deals with is 609, the relevant provisions of those dependent and independent observer transport airplane and engine issues. guidelines specify that: records, logbooks and records of sea These issues involve the airworthiness turtle strandings. The data on sea turtle standards for transport category ‘‘B. Shrimp Harvested in a Manner Not airplanes and engines in 14 CFR parts Harmful to Sea Turtles distribution and migrations are based on the credible research of scientists. The 25, 33, and 35 and parallel provisions in The Department of State has lack of nesting sites along the entire 14 CFR parts 121 and 135. determined that the import prohibitions coast of southern Australia, as well as The Task imposed pursuant to Section 609 do not the near absence of stranded sea turtles, This notice is to inform the public apply to shrimp or products of shrimp near-shore sea turtle sightings, and that the FAA has asked ARAC to harvested under the following trawl-captured sea turtles since 1968 provide advice and recommendation on conditions, since such harvesting does indicate that sea turtle abundance in the the following harmonization task: not adversely affect sea turtle species: area is extremely low. a. Shrimp harvested in an aquaculture Accordingly, shrimp harvested in the Task: Implementation of International facility in which the shrimp spend at Spencer Gulf are not subject to the Civil Aviation Organization (ICAO) least 30 days in a pond prior to being import prohibitions imposed pursuant Rules From Amendment 97 to Annex 8 harvested. to Section 609. The Department of State Concerning Design for Security b. Shrimp harvested by commercial has notified the U.S. Customs Service ICAO provisions for annex 8 shrimp trawl vessels using TEDs and other interested parties of this ‘‘Airworthiness of Aircraft’’ concerning comparable in effectiveness to those determination. required in the United States. design for security were submitted to c. Shrimp harvested exclusively by Dated: October 20, 1999. states for comment in 1994. The means that do not involve the retrieval R. Tucker Scully, following were adopted by the ICAO Air of fishing nets by mechanical devices, Deputy Assistant Secretary for Oceans, Navigation Council by Amendment 97 such as winches, pulleys, power blocks Fisheries and Space. on , 1997 and will be effective or other devices providing mechanical [FR Doc. 99–28089 Filed 10–26–99; 8:45 am] on March 12, 2000. advantage, or by vessels using gear that, BILLING CODE 4710±09±P • Survivability of systems

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• Fire suppression consideration at the meeting of ARAC to The Secretary of Transportation has • Cabin smoke extraction consider transport airplane and engine determined that the formation and use • Direction of smoke from the cockpit issues held following publication of this of ARAC are necessary and in the public • Least risk bomb location notice. interest in connection with the (identification) 2. Give a detailed conceptual performance of duties imposed on the • Least risk bomb location (design) presentation of the proposed • FAA by law. Pilot compartment (penetration recommendations, prior to proceeding Meetings of ARAC will be open to the resistance) with the work stated in item 3 below. public. Meetings of the Design for • Interior design to facilitate searches 3. Draft appropriate regulatory Security Harmonization Working Group Review the adopted rules and documents with supporting economic will not be open to the public, except recommend changes to the JAR and FAR and other required analyses, and/or any to the extent that individuals with an and develop associated advisory other related guidance material or interest and expertise are selected to material. Phase I of the task should collateral documents the working group participate. No public announcement of define the scope and extent to which the determines to be appropriate; or, if new working group meetings will be made. ICAO Amendment 97 rules should be or revised requirements or compliance implemented and a strategy for methods are not recommended, a draft Issued in Washington, DC, on October 20, implementation. Phase II should report stating the rationale for not 1999. develop recommendations for practical making such recommendations. Anthony F. Fazio, airworthiness requirements for specific 4. Provide a status report at each Executive Director, Aviation Rulemaking FAR paragraphs and prepare any meeting of ARAC held to consider Advisory Committee. associated advisory material. The transport airplane and engine issues. [FR Doc. 99–28011 Filed 10–26–99; 8:45 am] BILLING CODE 4910±13±M recommended design criteria should be Participation in the Working Group consistent with the security threat taking into account the operation and The Design for Security function of the airplane and the current Harmonization Working Group will be DEPARTMENT OF TRANSPORTATION composed of technical experts having and future aviation security systems. Federal Aviation Administration For Phase I, the FAA requests that an interest in the assigned task. A working group member need not be a ARAC provide a report detailing the Notice of Availability of a Draft representative of a member of the full implementation strategy. The FAA Environmental Impact Statement/ committee. expects ARAC to submit this report by Section 4(f) Evaluation for Proposal February 1, 2000. An individual who has expertise in the subject matter and wishes to become Development at Cleveland Hopkins For Phase II, the FAA requests that International Airport, Cleveland, OH ARAC draft appropriate regulatory a member of the working group should documents with supporting economic write to the person listed under the AGENCY: Federal Aviation and other required analyses, and any caption FOR FURTHER INFORMATION Administration, DOT. CONTACT expressing that desire, other related guidance material or ACTION: Notice of availability of a draft collateral documents to support its describing his or her interest in the tasks, and stating the expertise he or she environmental impact statement/4(f) recommendations. If the resulting evaluation. recommendation is one or more notices would bring to the working group. All of proposed rulemaking (NPRM) requests to participate must be reviewed SUMMARY: The Federal Aviation published by the FAA, the FAA may ask by the assistant chair, the assistant Administration (FAA) is making ARAC to recommend disposition of any executive director, and the working available the Draft Environmental substantive comments the FAA receives. group co-chairs, and the individuals Impact Statement (DEIS) which includes The FAA expects ARAC to submit its will be advised whether or not the a Section 4(f) Evaluation for proposed recommendation(s) under Phase II to the request can be accommodated. development at Cleveland Hopkins FAA within 26 months of tasking. Individuals chosen for membership International Airport, Cleveland, Ohio. on the working group will be expected ARAC Acceptance of Task to represent their aviation community DATES AND ADDRESSES: Written comments will be accepted prior to ARAC has accepted the task and has segment and participate actively in the Wednesday, , 1999. Written chosen to establish a new Design for working group (e.g., attend all meetings, comments may be sent to: Mr. Ernest Security Harmonization Working Group. provide written comments when Gubry, Community Planner, FAA Great The working group will serve as staff to requested to do so, etc.). They also will Lakes Region, Detroit Airports District ARAC to assist ARAC in the analysis of be expected to devote the resources Office, Willow Run Airport, 8820 Beck the assigned task. Working group necessary to ensure the ability of the Road, Belleville, MI 48111. Oral or recommendations must be reviewed and working group to meet any assigned written comments may also be given at approved by ARAC. If ARAC accepts the deadline(s). Members are expected to a public hearing that will be held on working group’s recommendations, it keep their management chain advised of Tuesday, , 1999, 6 p.m. to forwards them to the FAA as ARAC working group activities and decisions 9 p.m. at the Olmsted Falls High School, recommendations. to ensure that the agreed technical solutions do not conflict with their Cafeteria, 26939 Bagley Road, Olmsted Working Group Activity sponsoring organization’s position when Falls, OH; and Wednesday, December 1, The Design for Security the subject being negotiated is presented 1999, 6 p.m. to 9 p.m. at the Cleveland Harmonization Work Group is expected to ARAC for a vote. Airport Marriott Hotel, Grand Ballroom, to comply with the procedures adopted Once the working group has begun 4277 West 150th St, Cleveland, OH. by ARAC. As part of the procedures, the deliberations, members will not be POINT OF CONTACT: Mr. Ernest Gubry, working group is expected to: added or substituted without the Community Planner, FAA Great Lakes 1. Recommend a work plan for approval of the assistant chair, the Region, Detroit Airports District Office, completion of the tasks, including the assistant executive director, and the Willow Run Airport, 8820 Beck Road, rationale supporting such a plan, for working group chair. Belleville, MI 48111.

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SUPPLEMENTARY INFORMATION: The The purpose of the Hearing is to written comments previously provided Federal Aviation Administration (FAA) consider the social, economic, and to the Natrona County International is making available the Draft environmental effects of the proposed Airport, under section 158.23 of Part Environment Impact Statement (DEIS) actions. During the hearing the public 158. for the following proposed will be given an opportunity to present FOR FURTHER INFORMATION CONTACT: development: (a) The construction of a oral and/or written comments for the Mr. replacement 9,000-foot Runway 5L/23R public record. This hearing is being held Chris Schaffer, (303) 342–1258; Denver with associated taxiway improvements; pursuant to the requirements of the Airports District Office, DEN–ADO; (b) the development of a 2,250-foot National Environmental Policy Act of Federal Aviation Administration; 26805 extension and shift to existing Runway 1969 (Pub. L. 91–190) and other laws as E. 68th Avenue, Suite 224; Denver, CO 5R/23L to a length of 11,250 feet; (c) the applicable. Additionally, prior to 80249–6361. The application may be Federal actions regarding installation of Wednesday, December 29, 1999 written reviewed in person at this same navigational aides, airspace use, and comments may be addressed to Mr. location. approach and departure procedures Ernest Gubry, Community Planner, FAA SUPPLEMENTARY INFORMATION: The FAA associated with the proposed Great Lakes Region, Detroit Airports proposes to rule and invites public development; (d) airport support District Office, Willow Run Airport, and comment on the application (99–04–C– facilities improvements to the terminal 8820 Beck Road, Belleville, MI 48111. 00–CPR) to impose and use the revenue area; (e) airport support facilities Issued in Detroit Michigan October 19, from a PFC at Natrona County improvements to the landside area (f) 1999. International Airport, under the on- and off-airport roadway Robert H Allen, provisions of 49 U.S.C. 40117 and Part improvement projects; and (g) Acting Manager, Detroit Airport District 158 of the Federal Aviation Regulations implementation of noise abatement Office. (14 CFR Part 158). On October 20, 1999, measures recommended in the 1999 Part [FR Doc. 99–28012 Filed 10–26–99; 8:45 am] the FAA determined that the 150 Noise Compatibility Plan Update. A BILLING CODE 4910±13±M application to impose and use the Draft Environmental Impact Statement revenue from a PFC submitted by the (DEIS) and 4(f) Evaluation has been County of Natrona, Wyoming, was prepared and will be available for DEPARTMENT OF TRANSPORTATION substantially complete within the public review and comment. Section requirements of section 158.25 of Part 4(f) of the Department of Transportation Federal Aviation Administration 158. The FAA will approve or Act of 1966 has been recodified at 49 disapprove the application, in whole or Notice of Intent To Rule on Application U.S.C., Subtitle I, Section 303 dated in part, no later than January 20, 2000. , 1983. This document will be (99±04±C±00±CPR) To Impose and Use The following is a brief overview of available 30 days prior to the Hearing the Revenue From a Passenger Facility the application. during normal business hours at the Charge (PFC) at the Natrona County following locations: International Airport, Submitted by the Level of the proposed PFC: $3.00. County of Natrona, WY Eastman Branch Library, 11602 Lorain Proposed charge effective date: Avenue, Cleveland, OH 44111 AGENCY: Federal Aviation January 1, 2000. Fairview Park Regional Library, 21255 Administration (FAA), DOT. Proposed charge expiration date: June Lorain Road, Cleveland, OH 44126 ACTION: Notice of intent to rule on 1, 2004. Parma Heights Library, 6206 Pearl Road, application. Cleveland, OH 44130 Total requested for use approval: $539,352.00. Bay Village Library, 502 Cahoon Road, SUMMARY: The FAA proposes to rule and Bay Village, OH 44140 invites public comment on the Brief description of proposed projects: application to impose and use the Parma-Ridge Library, 5850 Ridge Road, Purchase snow removal equipment, revenue from a PFC at the Natrona Parma, OH 44129 Purchase 14 ft. loader/backhoe, County International Airport under the Rehabilitate Runway 3/21, Airport West Park Branch Library 3805 W. provisions of 49 U.S.C. 40117 and Part 157th Street Cleveland, OH 44111 terminal building assessment, Purchase 158 of the Federal Aviation Regulations 20 ft. runway sweeper. Berea Library, 7 Berea Commons, Berea, (14 CFR 158). OH 44017 Class or classes of air carriers which DATES: Comments must be received on North Olmsted Library, 27425 Butternut the public agency has requested not be or before November 26, 1999. Ridge Road, North Olmstead, OH required to collect PFC’s: None. 44070 ADDRESSES: Comments on this application may be mailed or delivered Any person may inspect the Brook Park Library, 6155 Engle Road, in triplicate to the FAA at the following application in person at the FAA office Brook Park, OH 44142 address: Alan Wiechmann, Manager; listed above under FOR FURTHER Lakewood Branch, 15425 Detroit INFORMATION CONTACT Denver Airports District Office, DEN– and at the FAA Avenue, Lakewood, OH 44107 ADO; Federal Aviation Administration; Regional Airports Office located at: Rockport Branch Library, 4421 W. 140th 26805 E. 68th Avenue, Suite 224; Federal Aviation Administration, Street, Cleveland, OH 44135 Denver, CO 80249–6361. Northwest Mountain Region, Airports Brooklyn Library, 4480 Ridge Road, In addition, one copy of any Division, ANM–600, 1601 Lind Avenue Brooklyn, OH 44144 comments submitted to the FAA must SW, Suite 540, Renton, WA 98055– Rocky River Library, 1600 Hampton be mailed or delivered to Mr. Dan E. 4056. Road, Rocky River, OH 44116 Mann, Airport Manager, at the following In addition, any person may, upon Olmsted Falls Library, 7850 Main Street, address: Natrona County International request, inspect the application, notice Olmstead Falls, OH 44138 Airport, 8500 Airport Parkway, Casper, and other documents germane to the Westlake Library, 27333 Center Ridge Wyoming 82604. Air Carriers and application in person at the Natrona Road, Westlake, OH 44145 foreign air carriers may submit copies of County International Airport.

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Issued in Renton, Washington on October and residential and business DEPARTMENT OF TRANSPORTATION 20, 1999. displacements. David A. Field, The initial stage of this process is for National Highway Traffic Safety Manager, Planning, Programming and scoping, documentation of the project Administration Capacity Branch, Northwest Mountain need, and development of conceptual [U.S. DOT Docket Number NHTSA±99±6397] Region. alignment corridors. This stage of the [FR Doc. 99–28013 Filed 10–26–99; 8:45 am] study will culminate in a Needs Reports, Forms, and Recordkeeping BILLING CODE 4910±13±M Analysis Report. Requirements A range of conceptual alignment corridors will be developed and AGENCY: National Highway Traffic DEPARTMENT OF TRANSPORTATION examined within the context of the Safety Administration (NHTSA), identified project needs, environmental Department of Transportation. Federal Highway Administration and socioeconomic constraints, and ACTION: Request for public comment on public input, as well as their proposed collection of information. Environmental Impact Statement: consistency with County and municipal Lebanon County, PA plans and policies. Alternatives to be SUMMARY: Before a Federal agency can collect certain information from the AGENCY: Federal Highway examined will include the No-Build public, it must receive approval from Administration (FHWA), DOT. Alternative. This analysis will be used to refine the alternatives or eliminate a the Office of Management and Budget ACTION: Notice of intent. particular alternative from further (OMB). Under procedures established SUMMARY: The FHWA is issuing this consideration due to the potential for by the Paperwork Reduction Act of notice to advise the public that an socio-economic, environmental, or 1995, before seeking OMB approval, Environmental Impact Statement will be engineering impacts. This stage of the Federal agencies must solicit public prepared for a proposed highway project study will result in a Preliminary comment on proposed collections of in the City of Lebanon, Lebanon County, Alternatives Analysis Report. information, including extensions and Pennsylvania. Following the preliminary analysis, reinstatement of previously approved the alternatives which are collections. FOR FURTHER INFORMATION CONTACT: recommended for further study will be This document describes one David W. Cough P.E., Director of developed in greater detail and the collection of information for which Operations, Federal Highway environmental impacts for each will be NHTSA intends to seek OMB approval. Administration, Pennsylvania assessed and described in the Division Office, 228 Walnut Street, DATES: Comments must be received on Environmental Impact Statement. or before December 27, 1999. Room 536, Harrisburg, Pennsylvania Letters describing the proposed action ADDRESSES: Comments must refer to the 17101–1720, Telephone: 717–221– and soliciting comments will be sent to docket notice numbers cited at the 3411, appropriate Federal, State, and local beginning of this notice and be or agencies, and to private organizations submitted to Docket Management, Room Mark Malhenzie, Project Manager, and citizens who express an interest in PL–401, 400 Seventh Street, S.W., Pennsylvania Department of the proposal. Agency scoping and Washington, DC 20590. Please identify Transportation, Engineering District public meetings will be initiated in Fall the proposed collection of information 8–0, 2140 Herr Street, Harrisburg, 1999. Public involvement and inter- for which a comment is provided, by Pennsylvania, 17103, Telephone: agency coordination will be maintained referencing its OMB clearance Number. 717–783–5080. throughout the development of the It is requested, but not required, that 2 SUPPLEMENTARY INFORMATION: The study. Public notices of the time and copies of the comment be provided. The FHWA, in cooperation with the place of the public meetings and any Docket Section is open on weekdays Pennsylvania Department of required public hearings will be from 10 a.m. to 5 p.m. Transportation (PennDOT), will conduct provided. a project Needs Analysis and Design To ensure that the full range of issues FOR FURTHER INFORMATION CONTACT: Location Studies and will prepare an related to this proposed action are Complete copies of each request for Environmental Impact Statement to addressed and that all significant issues collection of information may be evaluate alternatives which provide are identified, comments and obtained at no charge from Mr. Walter grade-separated access over a railroad suggestions are invited from interested Culbreath, NHTSA 400 Seventh Street, corridor located in the City of Lebanon. parties. Comments or questions SW, Room 6132, NSC–01,Washington, The study area will extend from 12th concerning this proposed action and the DC 20590. Mr. Culbreath’s telephone Street to Lincoln Avenue. The railroad EIS should be directed to the FHWA or number is (202) 366–1566. Please corridor is an active lien recently PennDOT at the addresses provided identify the relevant collection of acquired by Norfolk Southern. above. information by referring to its OMB Control Number. The railroad line is a high-density rail (Catalog of Federal Domestic Assistance line with eight at-grade crossings Program Number 20.205, Highway Planning SUPPLEMENTARY INFORMATION: Under the through the City of Lebanon. There are and Construction. The regulations Paperwork Reduction Act of 1995, no grade-separated crossing through the implementing Executive Order 12372 before an agency submits a proposed City causing long queues at the regarding intergovernmental consultation on collection of information to OMB for crossings which result in congestion Federal programs and activities apply to this approval, it must first publish a and unacceptable delays for emergency program) document in the Federal Register service providers. The study offers the Issued on: October 19, 1999. providing a 60-day comment period and opportunity to provide grade-separated David W. Cough, otherwise consult with members of the motorist, bicycle and pedestrian Director of Operations, Harrisburg, public and affected agencies concerning crossings and eliminate some at-grade Pennsylvania. each proposed collection of information. crossings. Potential impacts to the [FR Doc. 99–28052 Filed 10–26–99; 8:45 am] The OMB has promulgated regulations environment include cultural resources BILLING CODE 4910±22±M describing what must be included in

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57925 such a document. Under OMB’s Form Number: Form HS–7 and Form grant program designed to encourage regulation (at 5 CFR 1320.8(d)), an HS–474. States to enact strong, effective anti- agency must ask for public comment on Affected Public: Business. drunk driving legislation and improve the following: Abstract: These forms are required to the enforcement of these laws. Section (i) Whether the proposed collection of implement 49 CFR parts 591 and 592, 410 also promotes the development and information is necessary for the proper Regulations for Motor Vehicle implementation of innovative programs performance of the functions of the Importation which require an imported to combat impaired driving. The agency, including whether the vehicle to conform to applicable Federal program is administered by the NHTSA. information will have practical utility; Motor Vehicle Safety Standards, or to be Grants are awarded to the states through (ii) The accuracy of the agency’s brought into compliance within 120 their designated Highway Safety offices. estimate of the burden of the proposed days of importation. Estimated Annual Burden: 2340. collection of information, including the Estimated Annual Burden: 72,500. Number of Respondents: 52. validity of the methodology and Number of Respondents: 838,000. (7) Title: 49 CFR 571.213, ‘‘ Child assumptions used; (4) Title: National Accident Sampling Restraint Systems’’. (iii) How to enhance the quality, System (NASS) Crashworthiness Data OMB Control Number: 2127–0511. utility, and clarity of the information to System (CDS). Type of Request: Extension of a be collected; OMB Control Number: 2127–0021. previously approved collection. (iv) How to minimize the burden of Type of Request: Extension of a Affected Public: Business. the collection of information on those previously approved collection. Abstract: Manufacturers are required who are to respond, Affected Public: Individuals or to provide each child restraint with a households. including the use of appropriate permanently attached label, an Abstract: NASS investigates high instruction brochure which gives the automated, electronic, mechanical, or severity crashes. This includes other technological collection model, manufacturer’s name, date of interviewing occupants and witness, manufacture, certification that the seat techniques or other forms of information inspecting crash scenes and vehicles, technology, e.g. permitting electronic conforms to FVSS No. 213, and owner’s and obtaining medical records. The data name and address for registration of submission of responses. is used in programs to prevent accidents In compliance with these child restraints and use in case of a and to reduce injuries when crashes recall. requirements, NHTSA asks for public occur. comments on the following proposed Estimated Annual Burden: 63,000. Estimated Annual Burden: 0. Number of Respondents: 15. collections of information: Number of Respondents: 13,500. (1) Title: Designation of Agent. (5) Title: Nationwide Survey Issued on October 22, 1999. OMB Control Number: 2127–0040. Regarding Speeding and Other Unsafe Herman L. Simms, Type of Request: Extension of a Driving Actions. Associate Administrator for Administration. previously approved collection. OMB Control Number: 2127–0587. [FR Doc. 99–28055 Filed 10–26–99; 8:45 am] Affected Public: Business. Type of Request: Extension of a BILLING CODE 4910±59±P Abstract: The U.S. agent is used to previously approved collection. advise foreign manufacturers of safety Affected Public: Individuals or related defects where laws vary from households. DEPARTMENT OF TRANSPORTATION country to country. In turn, the Abstract: NHTSA is committed to the manufacturer can notify U.S. purchasers development of effective programs to Surface Transportation Board and correct the defect. reduce the number of deaths and [STB Finance Docket No. 33812] Estimated Annual Burden: 1470. injuries related to speeding and other Number of Respondents: 70. unsafe driving. The objective of this Arizona & California Railroad Company (2) Title: 49 CFR part 575 Consumer study is to develop and implement a Limited Partnership d/b/a Puget Sound Information Regulations (Sections 103 nationwide survey of the driving public & Pacific RailroadÐModified Rail and 105). to determine: the characteristics of Certificate OMB Control Number: 2127–0049. drivers who speed and do not obey Type of Request: Extension of a traffic signals or stop signs; the On October 12, 1999, Arizona & previously approved collection. situations and driver motivations that California Railroad Company Limited Affected Public: Individuals or accompany these unsafe behaviors; the Partnership (ARZC) d/b/a Puget Sound households and business. public’s attitudes regarding speed & Pacific Railroad (PS&P) (collectively, Abstract: In order to ensure that motor limits, including the NMSL, and the ARZC d/b/a PS&P) 1 filed a notice for a vehicle manufacturers are complying enforcement of these limits; and modified certificate of public with 49 CFR Part 575, NHTSA needs countermeasures the public would convenience and necessity under 49 consumer information from support to reduce the occurrence of CFR 1150, subpart C, Modified manufacturers of new light trucks and these unsafe driving actions. Certificate of Public Convenience and utility vehicles before this information Estimated Annual Burden: 0. Necessity, to operate 10 miles of a rail is distributed to prospective purchasers Number of Respondents: 6,000. line extending from milepost 0.0 in and first purchasers of a vehicle. The (6) Title: 23 CFR part 1313 Chehalis to milepost 10.0 in Curtis, in manufacturers will provide technical Certification Requirements for State Lewis County, WA. information related to performance and Grants for Drunk Driving Prevention An exemption to abandon the line safety of light trucks and utility Programs. was granted to Curtis Milburn & Eastern vehicles. OMB Control Number: 2127–0501. Railroad Company (CMER) in Curtis Estimated Annual Burden: 225. Type of Request: Extension of a Milburn & Eastern Railroad Company— Number of Respondents: 15. previously approved collection. Abandonment Exemption—In Lewis (3) Title: Motor Vehicle Importation. Affected Public: State, Local or County, WA, Docket No. AB–378X (ICC OMB Control Number: 2127–0002. Government. Type of Request: Extension of a Abstract: Title 23 of the U.S. Code 1 ARZC is an existing Class III rail carrier, and previously approved collection. established a Federal alcohol incentive PS&P is an operating division of ARZC.

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 57926 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices served Jan. 19, 1993).2 The Port of By the Board, David M. Konschnik, expressions of intent to file an OFA Chehalis (the Port), a municipal Director, Office of Proceedings. under 49 CFR 1152.27(c)(2),2 and trail corporation of the State of Washington, Vernon A. Williams, use/rail banking requests under 49 CFR subsequently acquired the line. On Secretary. 1152.29 must be filed by November 8, October 1, 1999, ARZC d/b/a PS&P and [FR Doc. 99–27779 Filed 10–26–99; 8:45 am] 1999. Petitions to reopen or requests for the Port executed the Agreement, which BILLING CODE 4915±00±P public use conditions under 49 CFR governs the rail operations to be 1152.28 must be filed by November 16, conducted by ARZC d/b/a PS&P in 1999, with: Surface Transportation Lewis County. Rail freight operations DEPARTMENT OF TRANSPORTATION Board, Office of the Secretary, Case over the line were to commence on or Surface Transportation Board Control Unit, 1925 K Street, NW, after October 18, 1999. Washington, DC 20423. The line’s only interline connection is [STB Docket No. AB±290 (Sub±No. 155X)] A copy of any petition filed with the with Tacoma & Eastern Railway Co. Norfolk Southern Railway CompanyÐ Board should be sent to applicant’s (Tacoma), at milepost 0.0 (Tacoma Abandonment ExemptionÐin Oconee representative: James R. Paschall, milepost 67.0). ARZC d/b/a PS&P County, SC General Attorney, Norfolk Southern anticipates acquiring reciprocal Corporation, Three Commercial Place, overhead trackage rights over 1 mile of Norfolk Southern Railway Company Norfolk, VA 23510. (NS) has filed a notice of exemption Tacoma’s line so that it can connect If the verified notice contains false or with The Burlington Northern and Santa under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon 1.26 miles of misleading information, the exemption Fe Railroad Company (BNSF) 3 in is void ab initio. Chehalis.4 its line of railroad between milepost Z– 42.6 at West Union and milepost Z– NS has filed an environmental report The rail segment qualifies for a 43.86 at Walhalla, in Oconee County, which addresses the abandonment’s modified certificate of public SC. The lines traverses United States effects, if any, on the environment or convenience and necessity. See Postal Service Zip Code 29691. historic resources. The Section of Common Carrier Status of States, State NS has certified that: (1) No local Environmental Analysis (SEA) will Agencies and Instrumentalities and traffic has moved over the line for at issue an environmental assessment (EA) Political Subdivisions, Finance Docket least 2 years; (2) there has been no by November 1, 1999. Interested persons No. 28990F (ICC served July 16, 1981). overhead traffic on the line during the may obtain a copy of the EA by writing ARZC d/b/a PS&P indicates that no past 2 years and any overhead traffic to SEA (Room 500, Surface subsidy is involved and that there are could be rerouted over other lines; (3) Transportation Board, Washington, DC no preconditions for shippers to meet in no formal complaint filed by a user of 20423) or by calling SEA, at (202) 565– order to receive rail service. rail service on the line (or by a state or 1545. Comments on environmental and local government entity acting on behalf historic preservation matters must be This notice will be served on the of such user) regarding cessation of filed within 15 days after the EA Association of American Railroads (Car service over the line either is pending becomes available to the public. Service Division) as agent for all with the Surface Transportation Board railroads subscribing to the car-service (Board) or with any U.S. District Court Environmental, historic preservation, and car-hire agreement: Association of or has been decided in favor of public use, or trail use/rail banking American Railroads, 50 F Street, NW, complainant within the 2-year period; conditions will be imposed, where Washington, DC 20001; and on the and (4) the requirements at 49 CFR appropriate, in a subsequent decision. American Short Line and Regional 1105.7 (environmental reports), 49 CFR Pursuant to the provisions of 49 CFR Railroad Association: American Short 1105.8 (historic reports), 49 CFR 1152.29(e)(2), NS shall file a notice of Line and Regional Railroad Association, 1105.11 (transmittal letter), 49 CFR consummation with the Board to signify 1120 G Street, NW, Suite 520, 1105.12 (newspaper publication), and that it has exercised the authority Washington, DC 20005. 49 CFR 1152.50(d)(1) (notice to granted and fully abandoned the line. If governmental agencies) have been met. Decided: October 19, 1999. consummation has not been effected by As a condition to this exemption, any NS’s filing of a notice of consummation employee adversely affected by the 2 by October 27, 2000, and there are no Based on CMER’s petition for exemption, the abandonment shall be protected under decision describes the line as an 11-mile line of Oregon Short Line R. Co.— legal or regulatory barriers to railroad between milepost 0.0 at CM&E Junction, consummation, the authority to WA, and milepost 10.0 near Curtis, WA. According Abandonment—Goshen, 360 I.C.C. 91 to the instant notice, milepost 0.0 at CM&E Junction (1979). To address whether this abandon will automatically expire. and milepost 0.0 in Chehalis refer to the same condition adequately protects affected Board decisions and notices are location. The Railroad Right of Way Use and Track Agreement (the Agreement), attached to the notice employees, a petition for partial available on our website at as Exhibit A, describes the line as approximately 10 revocation under 49 U.S.C. 10502(d) ‘‘WWW.STB.DOT.GOV.’’ miles of rail line. The mileage discrepancy is not must be filed. Provided no formal Decided: October 18, 1999. explained, but the line description as a whole is expression of intent to file an offer of unambiguous. 3 Although the Agreement indicates that ARZC d/ financial assistance (OFA) has been b/a PS&P will use these trackage rights to connect received, this exemption will be Environmental Analysis in its independent with the Union Pacific Railway Company in effective on November 26, 1999, unless investigation) cannot be made before the addition to BNSF, ARZC d/b/a PS&P anticipates stayed pending reconsideration. exemption’s effective date. See Exemption of Out- that the trackage rights agreement it negotiates with of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Tacoma will provide ARZC d/b/a PS&P only with Petitions to stay that do not involve request for a stay should be filed as soon as possible 1 access to BNSF. environmental issues, formal so that the Board may take appropriate action before 4 Prior to operating over Tacoma’s line via the the exemption’s effective date. overhead trackage rights, ARZC d/b/a PS&P states 1 The Board will grant a stay if an informed 2 Each offer of financial assistance must be that it will obtain any necessary regulatory decision on environmental issues (whether raised accompanied by the filing fee, which currently is authority from the Board. by a party or by the Board’s Section of set at $1000. See 49 CFR 1002.(f)(25).

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By the Board, David M. Konschnik, expressions of intent to file an OFA By the Board, David M. Konschnik, Director, Office of Proceedings. under 49 CFR 1152.27(c)(2),2 and trail Director, Office of Proceedings. Vernon A. Williams, use/rail banking requests under 49 CFR Vernon A. Williams, Secretary. 1152.29 must be filed by November 8, Secretary. [FR Doc. 99–27780 Filed 10–26–99; 8:45 am] 1999. Petitions to reopen or requests for [FR Doc. 99–27778 Filed 10–26–99; 8:45 am] BILLING CODE 4915±00±P public use conditions under 49 CFR BILLING CODE 4915±00±P 1152.28 must be filed by November 16, 1999, with: Surface Transportation DEPARTMENT OF TRANSPORTATION Board, Office of the Secretary, Case DEPARTMENT OF TRANSPORTATION Control Unit, 1925 K Street, NW, Surface Transportation Board Washington, DC 20423. Bureau of Transportation Statistics [STB Docket No. AB±57 (Sub-No. 49X)] A copy of any petition filed with the Reports, Forms and Recordkeeping Board should be sent to applicant’s Requirements; Agency Information Soo Line Railroad CompanyÐ representative: Diane P. Gerth, Esq., Collection Activity Under OMB Review Abandonment ExemptionÐin Leonard, Street and Deinard MacIntosh County, ND Professional Association, 150 South AGENCY: Bureau of Transportation Statistics, DOT Soo Line Railroad Company (Soo) has Fifth Street, Suite 2300, Minneapolis, filed a notice of exemption under 49 MN 55402. ACTION: Notice. CFR part 1152 subpart F—Exempt If the verified notice contains false or SUMMARY: In compliance with the Abandonments to abandon a 19.0+/ misleading information, the exemption Paperwork Reduction Act of 1995 (44 ¥mile portion of its line of railroad is void ab initio. U.S.C. 3501 et seq.), this notice known as the Pollack Line between Soo has filed an environmental report announces that the Information milepost 342.0+/¥near Wishek and which addresses the effects of the Collection Request (ICR) abstracted milepost 361.0+/¥at the end of track abandonment, if any, on the below has been forwarded to the Office near Ashley, in MacIntosh County, ND. environment and historic resources. The of Management and Budget (OMB) for The line traverses United States Postal Section of Environmental Analysis extension of currently approved Service Zip Codes 58495 and 58413. (SEA) will issue an environmental collections. The ICR describes the Soo has certified that: (1) No local assessment (EA) by November 1, 1999. nature of the information collection and traffic has moved over the line for at Interested persons may obtain a copy of its expected burden. The Federal least 2 years; (2) any overhead traffic on the EA by writing to SEA (Room 500, Register Notice with a 60-day comment the line can be rerouted over other lines; Surface Transportation Board, period soliciting comments on the (3) no formal complaint filed by a user following collection of information was of rail service on the line (or by a state Washington, DC 20423) or by calling SEA, at (202) 565–1545. Comments on published on June 10, 1999 (FR 64, or local government entity acting on pages 31345–31346). behalf of such user) regarding cessation environmental and historic preservation DATES: Comments must be submitted on of service over the line either is pending matters must be filed within 15 days or before November 26, 1999. with the Surface Transportation Board after the EA becomes available to the (Board) or with any U.S. District Court public. FOR FURTHER INFORMATION CONTACT: or has been decided in favor of Environmental, historic preservation, Bernie Stankus, (202) 366–4387. complainant within the 2-year period; public use, or trail use/rail banking SUPPLEMENTARY INFORMATION: and (4) the requirements at 49 CFR conditions will be imposed, where Bureau of Transportation Statistics 1105.7 (environmental reports), 49 CFR appropriate, in a subsequent decision. (BTS) 1105.8 (historic reports), 49 CFR Pursuant to the provisions of 49 CFR 1105.11 (transmittal letter), 49 CFR Title: Reporting Required for 1152.29(e)(2), Soo shall file a notice of International Civil Aviation 1105.12 (newspaper publication), and consummation with the Board to signify 49 CFR 1152.50(d)(1) (notice to Organization. that it has exercised the authority Type of Request: Extension of a governmental agencies) have been met. granted and fully abandoned the line. If As a condition to this exemption, any currently approved Collection. consummation has not been effected by OMB Control Number: 2138–0039. employee adversely affected by the Soo’s filing of a notice of consummation Form(s): BTS Form EF. abandonment shall be protected under by October 27, 2000, and there are no Affected Public: Large Certificated Air Oregon Short Line R. Co.— legal or regulatory barriers to Carriers. Abandonment—Goshen, 360 I.C.C. 91 consummation, the authority to Abstract: BTS collects aviation data (1979). To address whether this abandon will automatically expire. for the International Civil Aviation condition adequately protects affected Board decisions and notices are Organization (ICAO) to fulfill a United employees, a petition for partial States treaty obligation. Most of the data revocation under 49 U.S.C. 10502(d) available on our website at ‘‘WWW.STB.DOT.GOV.’’ supplied to ICAO is extracted by the must be filed. Provided no formal Office of Airline Information from its expression of intent to file an offer of Decided: October 19, 1999. Form 41 data base. However, carriers financial assistance (OFA) has been that provide international service are received, this exemption will be Environmental Analysis in its independent required to submit a couple of effective on November 26, 1999, unless investigation) cannot be made before the additional cost items which are not stayed pending reconsideration. exemption’s effective date. See Exemption of Out- of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any reported on the carriers Form 41 Report. Petitions to stay that do not involve request for a stay should be filed as soon as possible Estimated Annual Burden Hours: 16 1 environmental issues, formal so that the Board may take appropriate action before hours. the exemption’s effective date. ADDRESSES: 1 The Board will grant a stay if an informed 2 Each offer of financial assistance must be Send comments to the decision on environmental issues (whether raised accompanied by the filing fee, which currently is Office of Information and Regulatory by a party or by the Board’s Section of set at $1000. See 49 CFR 1002.2(f)(25). Affairs, Office of Management and

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Budget, 725–17th Street, NW. Affected Public: Certificated Air renewed approval by the Office of Washington, DC 20503, Attention BTS Carriers. Management and Budget. The Office of Desk Officer. Abstract: BTS collects independent Program Services within the Department Comments are Invited on: whether the audited financial reports from U.S. of the Treasury is soliciting comments proposed collection of information is certificated air carriers. Carriers not concerning Treasury International necessary for the proper performance of having an annual audit must file a Capital Form BL–2/BL–2(SA), Custody the functions of the Department, statement that no such audit has been Liabilities of Reporting Banks, Brokers including whether the information will performed. In lieu of the audit report, and Dealers to Foreigners, Denominated have practical utility; the accuracy of the Department will accept the annual in Dollars; and Treasury International the Department’s estimate of the burden report submitted to the stockholders. Capital Form BQ–2, Part 1: Liabilities to, of the proposed information collection; The audited reports are needed by DOT and Claims on, Foreigners of Reporting ways to enhance the quality, utility and as (a) a means to monitor an air carrier’s Bank, Broker or Dealer, and Part 2: clarity of the information to be continuing fitness to operate, (b) Domestic Customers’ Claims on collected; and ways to minimize the reference material used by analysts in Foreigners Held by Reporting Bank, burden of the collection of information examining foreign route cases, (c) Broker or Dealer, Denominated in on respondents, including the use of reference material used by analysts in Foreign Currencies. automated collection techniques or examining proposed acquisitions, DATES: Written comments should be other forms of information technology. mergers, and consolidations, (d) a received on or before December 27, 1999 means whereby the Department sends a to be assured of consideration. Issued in Washington, DC, on October 21, copy of the report to International Civil 1999. ADDRESSES: Direct all written comments Aviation Organization (ICAO) in to Dwight Wolkow, Administrator, Timothy E. Carmody, fulfillment of a U.S. treaty obligation, International Portfolio Investment Data Director, Office of Airline Information. and (e) corroboration of carriers’ Form Systems, Department of the Treasury, [FR Doc. 99–28003 Filed 10–26–99; 8:45 am] 41 filings. Room 5205 MT, 1500 Pennsylvania BILLING CODE 4910±62±U Estimated Annual Burden Hours: 21 Avenue NW, Washington DC 20220. hours. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Send comments to the Requests for additional information or DEPARTMENT OF TRANSPORTATION Office of Information and Regulatory copies of the forms and instructions Affairs, Office of Management and Bureau of Transportation Statistics should be directed to Dwight Wolkow, Budget, 725–17th Street, NW., Administrator, International Portfolio Washington, DC 20503, Attention BTS Reports, Forms and Recordkeeping Investment Data Systems, Department of Desk Officer. Requirements; Agency Information the Treasury, Room 5205 MT, 1500 Collection Activity Under OMB Review Comments are Invited on: whether the proposed collection of information is Pennsylvania Avenue NW, Washington AGENCY: Bureau of Transportation necessary for the proper performance of DC 20220, (202) 622–1276, Fax (202) Statistics, DOT. the functions of the Department, 622–7448. SUPPLEMENTARY INFORMATION: ACTION: Notice. including whether the information will have practical utility; the accuracy of Titles: Treasury International Capital SUMMARY: In compliance with the the Department’s estimate of the burden Form BL–2/BL–2(SA), Custody Paperwork Reduction Act of 1995 (44 of the proposed information collection; Liabilities of Reporting Banks, Brokers U.S.C. 3501 et seq.), this notice ways to enhance the quality, utility and and Dealers to Foreigners, Denominated announces that the Information clarity of the information to be in Dollars; and Treasury International Collection Request (ICR) abstracted collected; and ways to minimize the Capital Form BQ–2, Part 1: Liabilities to, below has been forwarded to the Office burden of the collection of information and Claims on, Foreigners of Reporting of Management and Budget (OMB) for on respondents, including the use of Bank, Broker or Dealer, and Part 2: extension of currently approved automated collection techniques or Domestic Customers’ Claims on collections. The ICR describes the other forms of information technology. Foreigners Held by Reporting Bank, nature of the information collection and Broker or Dealer, Denominated in Issued in Washington, DC, on October 21, Foreign Currencies. its expected burden. The Federal 1999. Register Notice with a 60-day comment OMB Numbers: 1505–0018 and 1505– Timothy E. Carmody, 0020. period soliciting comments on the Director, Office of Airline Information. following collection of information was Abstracts: Forms BL–2/BL–2(SA) and [FR Doc. 99–28005 Filed 10–26–99; 8:45 am] published on June 10, 1999 (64 FR BQ–2 are required by law (22 U.S.C. 31345). BILLING CODE 4910±62±P 286f; 22 U.S.C. 3103; EO 10033; 31 CFR 128) and are designed to collect timely DATES: Comments must be submitted on information on international portfolio or before November 26, 1999. DEPARTMENT OF THE TREASURY capital movements. Form BL–2 is a FOR FURTHER INFORMATION CONTACT: monthly report (with a semiannual Bernie Stankus, (202) 366–4387. Departmental Offices; Proposed supplement) that covers the U.S. dollar SUPPLEMENTARY INFORMATION: Collections; Comment Requests custody liabilities of banks, other depository institutions, brokers and Bureau of Transportation Statistics ACTION: Notice and request for comments. dealers, vis-a` -vis foreign residents. Form (BTS) BQ–2 is a quarterly report that covers Title: Submission of Audit Reports, SUMMARY: The Department of the the liabilities to and claims on Part 248. Treasury, as part of its continuing effort foreigners of banks, brokers and dealers, Type of Request: Extension of a to reduce paperwork burdens, invites and the custody claims on foreigners of currently approved Collection. the general public and other Federal banks, brokers and dealers, that are OMB Control Number: 2138–0004. agencies to comment on two denominated in foreign currencies. This Form(s): None. information collections that are due for information is necessary for compiling

VerDate 12-OCT-99 17:12 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.XXX pfrm08 PsN: 27OCN1 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Notices 57929 the U.S. balance of payments accounts, included in the request for OMB MORRIS K. UDALL SCHOLARSHIP for calculating the U.S. international approval. All comments will become a AND EXCELLENCE IN NATIONAL investment position, and for use in matter of public record. The public is ENVIRONMENTAL POLICY formulating U.S. international financial invited to submit written comments FOUNDATION and monetary policies. concerning: whether Forms BL–2/BL– Current Actions: No changes to 2(SA) and BQ–2 are necessary for the Sunshine Act Notice; Notice of Meeting reporting requirements for either form proper performance of the functions of are proposed at this time. The Board of Trustees of the Morris K. the Office, including whether the Udall Scholarship & Excellence in Type of Review: Extensions. information collected has practical uses; Affected Public: Business or other for- National Environmental Policy the accuracy of the above burden profit. Foundation will hold a meeting estimates; ways to enhance the quality, beginning at 8:00 a.m. on Wednesday, Form BL–2/BL–2(SA) (1505–0018) usefulness, and clarity of the November 10, 1999 at the offices of the Estimated Number of Respondents: information to be collected; ways to U.S. Institute for Environmental Conflict 125. minimize the reporting and/or Resolution, 110 South Church, Ste. Estimated Average Time per recordkeeping burdens on respondents, 3350, Tucson, AZ 85701. Respondent: Five (5) hours per including the use of information The matters to be considered will respondent per filing. technologies to automate the collection include (1) A report on the U.S. Institute Estimated Total Annual Burden of the data; and estimates of capital or of Environmental Conflict Resolution; Hours: 7,500 hours, based on twelve start-up costs of operation, maintenance, and (2) A report from the Udall Center reporting periods per year. and purchases of services to provide for Studies and Public Policy; (3) Fiscal information. Year 2000 Budget Approval; and (4) Form BQ–2 (1505–0020) Program Reports. The meeting is open to Estimated Number of Respondents: Dated: October 21, 1999. the public. 200. Dwight Wolkow, CONTACT PERSON FOR MORE Estimated Average Time per Administrator, International Portfolio INFORMATION: Christopher L. Helms, Respondent: Four (4) hours per Investment Data Systems. 110 South Church, Ste. 3350, Tucson, respondent per filing. [FR Doc. 99–27994 Filed 10–26–99; 8:45 am] Arizona 85701. Telephone: (520) 670– Estimated Total Annual Burden BILLING CODE 4810±25±M 5608. Hours: 3,200 hours, based on four Dated this 20th day of October, 1999. reporting periods per year. Christopher L. Helms, Request for Comments Contact Person. Comments submitted in response to [FR Doc 99–28141 Filed 10–25–99; 12:55 pm] this notice will be summarized and/or BILLING CODE 6820±FN±M

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EMERGENCY STEEL GUARANTEE General Counsel to oversee day-to-day principal of the loan. The aggregate LOAN BOARD operations of the Program. amount of loans guaranteed and A loan guarantee may be issued upon outstanding at any one time under this 13 CFR Chapter IV application to the Board by a private Program may not exceed $1 billion, and banking or investment institution which the aggregate amount of loans RIN 3004±ZA00 has committed to enter into an guaranteed under this Program with agreement to provide a loan to a respect to a single qualified steel Emergency Steel Guarantee Loan qualified steel company. A qualified company may not exceed $250 million. Program steel company is defined in the Act to Of the $1 billion aggregate amount of mean any company that: (A) Is loans authorized to be guaranteed and AGENCY: Emergency Steel Guarantee incorporated under the laws of any outstanding at any one time under the Loan Board. State; (B) is engaged in the production Program, not more than $30 million will ACTION: Final rule. and manufacture of a product defined be loans made to iron ore companies. A by the American Iron and Steel Institute qualified steel company receiving a SUMMARY: On August 17, 1999, as a basic steel mill product, including guarantee under this section will be President Clinton signed into law an act ingots, slab and billets, plates, flat-rolled required to pay a fee in the amount of providing authority for guarantees of steel, sections and structural products, 0.5 percent of the principal of the loan loans to qualified steel and iron ore bars, rail type products, pipe and tube, to the Department of the Treasury to companies and to qualified oil and gas and wire rod; and (C) has experienced cover the costs of the Program payable companies. Chapter 1 of the Emergency layoffs, production losses, or financial within one year from the issuance of the Steel Loan Guarantee Act of 1999 losses since January 1998 or that guarantee. Finally, the terms and (‘‘Act’’), established the Emergency operates substantial assets of a company conditions of each guaranteed loan must Steel Guarantee Loan Program that meets these qualifications. An iron provide that the loan may not be (‘‘Program’’) for guaranteeing loans ore company incorporated under the amended, and that no provision of the made by private sector lending laws of any State will be treated as a loan documents or the guarantee institutions to qualified steel and iron qualified steel company for purposes of agreement can be waived, without the ore companies. The Act established the the Program. prior written consent of the Board. Emergency Steel Guarantee Loan Board In order to guarantee a loan to a In the Act, Congress appropriated (‘‘Board’’), composed of the Chairman of qualified steel company, the Board must $140 million for the cost of the loans the Board of Governors of the Federal make certain determinations. The Board guaranteed. The Board will consider Reserve System, as Chairman of the must determine that credit is not applications and award guarantees Board, the Secretary of Commerce, and otherwise available to a qualified steel under the Program in accordance with the Chairman of the Securities and company under reasonable terms or the appropriated funding. conditions sufficient to meet its Exchange Commission. The Board has Public Meeting certain responsibilities under the law, financing needs. Next, the prospective including the issuance of necessary earning power of that company, together To receive public input regarding rules. The Department of Commerce was with the character and value of the operation of the Program, the Board appropriated funds to implement and security pledged, must furnish held a public meeting on , administer the Program. These reasonable assurance of repayment of 1999, at the Department of Commerce. regulations have been approved by the the loan to be guaranteed in accordance The meeting consisted of parties Board, and are being issued to with its terms. In addition, the loan to presenting oral statements to staff of the implement the Program. be guaranteed must bear interest at a Department of Commerce, the Federal rate determined by the Board to be Reserve Board, and the Securities and DATES: This rule is effective December reasonable, taking into account the Exchange Commission. Oral statements 27, 1999. current average yield on outstanding addressed issues and made suggestions FOR FURTHER INFORMATION CONTACT: obligations of the United States with regarding implementation of the Executive Director, Steel Guarantee remaining periods of maturity Program. Thirteen parties, representing Loan Board, U.S. Department of comparable to the maturity of such loan. steel companies, presented oral Commerce, Washington DC 20230, (202) Further the company must agree to an testimony at the meeting. In addition to 482–6151. audit by the General Accounting Office, oral statements presented at the SUPPLEMENTARY INFORMATION: or its designee, and an independent meeting, written comments were auditor acceptable to the Board, prior to Background submitted by interested parties. All the issuance of the Guarantee and comments were considered in The Program will provide guarantees annually thereafter while such promulgating these rules. for up to $1 billion in loans to qualified guarantee is outstanding. In addition, steel and iron ore companies. These audited financial statements are Description of Regulation loans will be made by private sector required to be submitted with an The Board’s regulations are divided lenders, with the Federal Government application. Finally, in the case of a into three subparts. Subpart A sets out providing a guarantee for up to 85 purchaser of substantial assets of a the purpose of the rules and contains percent of the amount of the principal qualified steel company, the Board must definitions of terms used in the other of the loan. The Board, composed of the find that the company is unable to subparts. Subpart B contains rules Chairman of the Board of Governors of reorganize itself. regarding the Board’s organization, the Federal Reserve System, who will The Act established several staffing, rules of procedure, and serve as Chairman of the Board, the conditions applicable to each loan procedures for public access to the Secretary of Commerce, and the guarantee issued by the Board. All loans Board’s records. The Board will Chairman of the Securities and guaranteed under this Program must be establish an official staff consisting of an Exchange Commission, will oversee the paid in full not later than December 31, Executive Director, General Counsel, Program. The Board will select an 2005. The guarantee level may not and Secretary, with the respective Executive Director, a Secretary, and a exceed 85 percent of the amount of responsibilities set out in Subpart B.

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The Board may delegate to its official accelerated schedule does not provide determined that none are applicable to staff authority to take certain actions, time for the Board to negotiate with this rule. subject to such terms and conditions as individual applicants and the Board’s Intergovernmental Review the Board deems appropriate. The Board selection process will be on a may employ additional staff or outside competitive basis, it is in each No intergovernmental consultation consultants as it deems necessary to applicant’s best interest to provide, at with state and local officials is required carry out its functions in accordance the outset, a thorough proposal that because the rule is not subject to the with the Act. ranks as high as possible on each of the provisions of Executive Order 12372 or Subpart C sets out the eligibility Program’s evaluation criteria. For Executive Order 12875. requirements for lenders and borrowers example, applicants should request the National Environmental Policy Act under the Program, general loan terms, lowest guarantee percentage practicable fees, and restrictions on assignment and for their proposals at the outset. In The Board determined that this transfer of loans guaranteed under the addition, applications giving the Program does not constitute a major Program. In addition, Subpart C government a higher security position Federal action significantly affecting the describes the process by which eligible on higher quality collateral will be given quality of the human environment, and lenders can submit applications for loan preference over those that provide a in accordance with the National guarantees to the Board and the Board’s lesser level of security. Failure to do so Environmental Policy Act of 1969, 42 procedures for processing and could reduce the likelihood that the U.S.C. 4321 et seq., Public Law 91–190 evaluating the applications in order to application will be selected to receive a (NEPA), an Environmental Impact select the loans that will be granted guarantee. Statement is not required. Loans sought guarantees. Finally, Subpart C sets out to be guaranteed under the Program will some of the Lender’s responsibilities in Administrative Law Requirements be assessed individually to determine originating and administering a Executive Order 12866 appropriate compliance with NEPA. guaranteed loan and the events and Unfunded Mandate Reform Act of 1995 conditions that could cause the Board to This final rule has been determined to terminate the guarantee in whole or in be a ‘‘significant regulatory action’’ This rule contains no Federal part. under section 3(f) of Executive Order mandates, as that term is defined in the The Act directs the Board to act on 12866. Unfunded Mandates Reform Act, on State, local and tribal governments or applications for loan guarantees as soon Administrative Procedure Act as possible. In addition, the Board must the private sector. This rule is exempt from the implement the Program within the Executive Order 12612 appropriated funding provided by the rulemaking requirements contained in 5 Act and, thus, must ensure that it grants U.S.C. 553 pursuant to authority This rule does not contain policies guarantees to the loans that it contained in 5 U.S.C. 553(a)(2) as it having federalism implications determines best meet the Program’s involves a matter relating to loans. As requiring preparation of a Federalism evaluation criteria. In view of these and such, prior notice and an opportunity Assessment. other considerations, the Board has for public comment and a delay in Executive Order 12630 determined to create an application effective date otherwise required under This rule does not contain policies ‘‘window’’ during which applicants 5 U.S.C. 553 are inapplicable to this that have takings implications. must submit their loan guarantee rule. applications. The window will run from Paperwork Reduction Act Programs Affected the date these rules are published in the There is no Catalog of Federal Federal Register until December 30, The Board will submit to the Office of Domestic Assistance listing for the 1999. Management and Budget, for clearance Emergency Steel Loan Guarantee Each application package received by under the Paperwork Reduction Act, a Program. the Board during this window will be package containing the necessary forms screened to confirm that it meets all of and documentation for participation in List of Subjects in 13 CFR Part 400 the Program’s eligibility requirements as this Program. Administrative practice and set out in the applicable regulations and Regulatory Flexibility Act procedure, Freedom of Information, application forms. Application packages Loan programs—Steel, Reporting and that do not meet the Program’s Because this rule is not subject to a recordkeeping requirements. eligibility requirements will not be requirement to provide prior notice and considered for a loan guarantee. The an opportunity for public comment Dated: October 18, 1999. Board will compare the eligible pursuant to 5 U.S.C. 553, or any other Jonathan Orszag, applications on a competitive basis and law, the analytical requirements of the Acting Executive Director, Emergency Steel offer guarantees to those applications Regulatory Flexibility Act, 5 U.S.C. 601 Loan Guarantee Board. that it determines best meet the et seq., are inapplicable. For the reasons set out in the Program’s evaluation criteria. As preamble, 13 CFR Chapter IV is Congressional Review Act discussed in more detail in Subpart C, established to read as follows: the Program’s evaluation criteria This rule has been determined to be CHAPTER IVÐEMERGENCY STEEL include the ability of the Borrower to a major rule for purposes of the GUARANTEE LOAN BOARD repay the loan according to its terms, Congressional Review Act, 5 U.S.C. 801 the protection provided by the proposal et seq. The Congressional Review Act PART 400ÐEMERGENCY STEEL to the Government in the event of requires that major rules have their GUARANTEE LOAN PROGRAM default (including sufficiency of effective date delayed 60 days while collateral, lien position, and percentage Congress has the opportunity to review Sec. of guarantee requested), and the the rule. While there are certain Subpart AÐGeneral adequacy of the Lender’s loan exemptions to this delayed effective 400.1 Purpose. underwriting analysis. Since the date requirement, the Board has 400.2 Definitions.

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Subpart BÐBoard Procedures the principal of the loan, including the § 400.103 Offices. 400.100 Purpose and scope. Special Terms and Conditions, the The principal offices of the Board are 400.101 Composition of the Board. General Terms and Conditions, and all in the U.S. Department of Commerce, 400.102 Authority of the Board. exhibits thereto. Washington, DC 20230. 400.103 Offices. (g) Lender means a private banking or § 400.104 Meetings and actions of the 400.104 Meetings and actions of the Board. investment institution that is eligible 400.105 Staff. Board. pursuant to § 400.201. 400.106 Ex parte communications. (a) Place and frequency. The Board 400.107 Freedom of Information Act. (h) Loan Documents mean the loan meets, on the call of the Chairman, in 400.108 Restrictions on lobbying. agreement and all other instruments, order to consider matters requiring 400.109 Government-wide debarment and and all documentation between the action by the Board. Time and place for suspension (nonprocurement). Lender and the Borrower evidencing the 400.110 Amendments. any such meeting shall be determined making, disbursing, securing, collecting, by the members of the Board. Subpart CÐSteel Guarantee Loans or otherwise administering of the loan. (b) Quorum and voting. Two voting 400.200 Eligible Borrower. (i) Program means the Emergency members of the Board constitute a 400.201 Eligible Lender. Steel Guarantee Loan Program quorum for the transaction of business. 400.202 Loan amount. established by the Act. All decisions and determinations of the 400.203 Guarantee percentage. (j) Security means all property, real or Board shall be made by a majority vote 400.204 Loan terms. personal, required by the provisions of of the voting members. All votes on 400.205 Application process. the Guarantee or by the Loan determinations of the Board required by 400.206 Environmental requirements. 400.207 Application evaluation. Documents to secure repayment of any the Act shall be recorded in the 400.208 Issuance of the Guarantee. indebtedness of the Borrower under the minutes. A Board member may request 400.209 Funding for the Program. Loan Documents or Guarantee. that any vote be recorded according to 400.210 Assignment or transfer of loans. (k) Qualified Steel Company means a individual Board members. 400.211 Lender responsibilities. company that is incorporated under the (c) Agenda of meetings. To the extent 400.212 Liquidation. laws of any State; is engaged in the practicable, an agenda for each meeting 400.213 Termination of Guarantee. production and manufacture of a shall be distributed to members of the 400.214 OMB control number. product defined by the American Iron Board at least two days in advance of Authority: Pub. L. 106–51, 113 Stat. 252 and Steel Institute as a basic steel mill the date of the meeting, together with (15 U.S.C. 1841 note). product, including ingots, slab and copies of materials relevant to the agenda items. Subpart AÐGeneral billets, plates, flat-rolled steel, sections and structural products, bars, rail type (d) Minutes. The Secretary of the § 400.1 Purpose. products, pipe and tube, and wire rod; Board shall keep minutes of each Board This part is issued by the Emergency and has experienced layoffs, production meeting and of action taken without a Steel Guarantee Loan Board pursuant to losses, or financial losses since January meeting, a draft of which is to be section 552 of title 5 of the United States 1, 1998. An iron ore company distributed to each member of the Board Code and the Emergency Steel Loan incorporated under the law of any state as soon as practicable after each meeting Guarantee Act of 1999, Chapter 1 of is considered a Qualified Steel or action. To the extent practicable, the Public Law 106–51. This part contains Company for purposes of the Program. minutes of a Board meeting shall be rules for making and servicing loans to corrected and approved at the next qualified steel and iron ore companies Subpart BÐBoard Procedures meeting of the Board. (e) Use of conference call guaranteed by the Board. § 400.100 Purpose and scope. communications equipment. Any § 400.2 Definitions. This subpart describes the Board’s member may participate in a meeting of (a) Act means the Emergency Steel authorities and organizational structure, the Board through the use of conference Loan Guarantee Act of 1999, Chapter 1 the means and rules by which the Board call, telephone or similar of Public Law 106–51. takes actions, and procedures for public communications equipment, by means (b) Administer, administering and access to Board records. of which all persons participating in the administration, mean the Lender’s meeting can simultaneously speak to § 400.101 Composition of the Board. actions in making, disbursing, servicing and hear each other. Any member so (including, but not limited to care, The Board consists of the Chairman of participating in a meeting shall be preservation and maintenance of the Board of Governors of the Federal deemed present for all purposes. collateral), collecting and liquidating a Reserve System, who acts as Chairman Actions taken by the Board at meetings loan and security. of the Board, the Chairman of the conducted through the use of such (c) Applicant means the private Securities and Exchange Commission, equipment, including the votes of each banking or investment institution and the Secretary of Commerce. member, shall be recorded in the usual applying for a loan guarantee under this manner in the minutes of the meetings § 400.102 Authority of the Board. part. of the Board. (d) Board means the Emergency Steel Pursuant to the provisions of the Act, (f) Actions between meetings. When, Guarantee Loan Board. the Board is authorized to guarantee in the judgment of the Chairman, (e) Borrower means a Qualified Steel loans provided to Qualified Steel circumstances occur making it desirable Company which could receive a loan Companies by private banking and for the Board to consider action when it guaranteed by the Board under this investment institutions in accordance is not feasible to call a meeting, the Program. with the procedures, rules, and relevant information and (f) Guarantee means the written regulations established by the Board, to recommendations for action may be agreement between the Board and the make the determinations authorized by transmitted to the members by the Lender, and approved by the Borrower, the Act, and to take such other actions Secretary of the Board and the voting pursuant to which the Board guarantees as necessary to carry out its functions in members may communicate their votes repayment of a specified percentage of accordance with the Act. to the Chairman in writing (including an

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(9) Review means the process of (g) Delegations of authority. The profit interests of the requester or the examining documents, located in Board may delegate authority, subject to person on whose behalf the request is response to a request for access, to such terms and conditions as the Board made. determine whether any portion of a deems appropriate, to the Executive (3) Direct costs mean those expenditures that the Board actually document is exempt information. It Director, the General Counsel, or the includes doing all that is necessary to Secretary of the Board, to take certain incurs in searching for, reviewing, and duplicating documents in response to a excise the documents and otherwise to actions not required by the Act to be prepare them for release. Review does taken by the Board. All delegations shall request made under paragraph (c) of this section. Direct costs include, for not include time spent resolving general be made pursuant to resolutions of the legal or policy issues regarding the Board and recorded in writing, whether example, the labor costs of the employee performing the work (the basic rate of application of exemptions. in the minutes of a meeting or (10) Search means the process of pay for the employee, plus 16 percent of otherwise. Any action taken pursuant to looking for material that is responsive to that rate to cover benefits). Not included delegated authority has the effect of an a request, including page-by-page or in direct costs are overhead expenses action taken by the Board. line-by-line identification within such as the costs of space and heating documents. Searches may be done § 400.105 Staff. or lighting of the facility in which the manually or by computer. (a) Executive Director. The Executive records are kept. (b) Records available for public Director of the Board advises and assists (4) Duplication means the process of inspection and copying.—(1) Types of the Board in carrying out its making a copy of a document in records made available. The responsibilities under the Act, provides response to a request for disclosure of information in this section is furnished general direction with respect to the records or for inspection of original for the guidance of the public and in administration of the Board’s actions, records that contain exempt material or compliance with the requirements of the directs the activities of the staff, and that otherwise cannot be inspected Freedom of Information FOIA, as performs such other duties as the Board directly. Among others, such copies amended (5 U.S.C. 552)(FOIA). This may require. may take the form of paper, microfilm, section sets forth the procedures the audiovisual materials, or machine- (b) General Counsel. The General Board follows to make publicly readable documentation (e.g., magnetic available the materials specified in 5 Counsel of the Board provides legal tape or disk). advice relating to the responsibilities of U.S.C. 552(a)(2). These materials shall (5) Educational institution means a be made available for inspection and the Board and performs such other preschool, a public or private duties as the Board may require. copying at the Board’s Freedom of elementary or secondary school, or an Information Office pursuant to 5 U.S.C. (c) Secretary of the Board. The institution of undergraduate higher 552(a)(2). Information routinely Secretary of the Board sends notice of education, graduate higher education, provided to the public as part of a all meetings, prepares minutes of all professional education, or an institution regular Board activity (for example, meetings, maintains a complete record of vocational education that operates a press releases) may be provided to the of all votes and actions taken by the program of scholarly research. public without following this section. Board, has custody of all records of the (6) Noncommercial scientific (2) Reading room procedures. Board and performs such other duties as institution refers to an institution that is Information available under this section the Board may require. not operated on a ‘‘commercial’’ basis is available for inspection and copying, § 400.106 Ex parte communications. (as that term is used in this section) and from 9:00 a.m. to 5:00 p.m. weekdays, which is operated solely for the purpose at the Freedom of Information Office of Oral or written communication, not of conducting scientific research, the the Board, Steel Guarantee Loan Board, on the public record, between the results of which are not intended to U.S. Department of Commerce, Board, or any member of the Board, and promote any particular product or Washington, DC 20230. any party or parties interested in any industry. (3) Electronic records. Information matter pending before the Board (7) News means information about available under this section that was concerning the substance of that matter current events or that would be of created on or after November 1, 1996, is prohibited. This section also applies current interest to the public. Examples shall also be available on the Board’s to the Board’s staff and employees of the of news media entities include, but are website, found at www.doc.gov constituent agencies who are or not limited to, television or radio (c) Records available to the public on reasonably may be expected to be stations broadcasting to the public at request.—(1) Types of records made involved in the decisional process of the large, and publishers of newspapers and available. All records of the Board that matter pending before the Board. other periodicals (but only in those are not available under paragraph (b) of instances when they can qualify as this section shall be made available § 400.107 Freedom of Information Act. disseminators of ‘‘news’’) who make upon request, pursuant to the (a) Definitions. All terms used in this their products available for purchase or procedures in this section and the section which are defined in 5 U.S.C. subscription by the general public. exceptions set forth in the FOIA. The 551 or 5 U.S.C. 552 shall have the same ‘‘Freelance’’ journalists may be regarded Board’s policy is to make discretionary meaning in this section. In addition the as working for a news organization if disclosures of records or information following definitions apply to this they can demonstrate a solid basis for exempt from disclosure under the FOIA section: expecting publication through that whenever disclosure would not

VerDate 12-OCT-99 12:28 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\27OCR2.XXX pfrm08 PsN: 27OCR2 57936 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations foreseeably harm an interest protected person’s knowledge and belief, that of the Board may refer the request to by a FOIA exemption, but this policy demonstrates a compelling need for the that agency for a direct response by that does not create any right enforceable in records, as defined in 5 U.S.C. agency and inform the requester court. 552(a)(6)(E)(v). promptly of the referral. The Secretary (2) Procedures for requesting records. (ii) The Secretary of the Board shall of the Board shall consult with another A request for records shall reasonably notify a requester of the determination Federal agency before responding to a describe the records in a way that whether to grant or deny a request for requester if the Board receives a request enables the Board’s staff to identify and expedited processing within ten for a record in which: produce the records with reasonable working days of receipt of the request. (i) Another Federal agency subject to effort and without unduly burdening or If the Secretary of the Board grants the the FOIA has a significant interest, but significantly interfering with any of the request for expedited processing, the not the primary interest; or Board’s operations. The request shall be Board shall process the request for (ii) Another Federal agency not submitted in writing to the Secretary of access to information as soon as subject to the FOIA has the primary the Board, Steel Guarantee Loan Board, practicable. If the Secretary of the Board interest or a significant interest. U.S. Department of Commerce, denies a request for expedited Ordinarily, the agency that originated a Washington, DC 20230; or sent by processing, the requester may file an record will be presumed to have the facsimile to the Secretary of the Board. appeal pursuant to the procedures set primary interest in it. The request shall be clearly marked forth in paragraph (e) of this section, (6) Providing responsive records. (i) A FREEDOM OF INFORMATION ACT and the Board shall respond to the copy of records or portions of records REQUEST. appeal within twenty days after the responsive to the request shall be sent (3) Contents of request. The request appeal was received by the Board. to the requester by regular U.S. mail to shall contain the following information: (3) Time limits. The time for response the address indicated in the request, (i) The name and address of the to requests shall be 20 working days, unless the requester elects to take requester, and the telephone number at except: delivery of the documents at the Board’s which the requester can be reached (i) In the case of expedited treatment Freedom of Information Office or makes during normal business hours; under paragraph (d)(2) of this section; other acceptable arrangements, or the (ii) Whether the requested (ii) Where the running of such time is Secretary of the Board deems it information is intended for commercial suspended for payment of fees pursuant appropriate to send the documents by use, or whether the requester represents to paragraph (f)(2)(ii) of this section; another means. The Secretary of the an educational or noncommercial (iii) Where the estimated charge is Board shall provide a copy of the record scientific institution, or news media; less than $250, and the requester does in any form or format requested if the (iii) A statement agreeing to pay the not guarantee payment pursuant to record is readily reproducible in that applicable fees, or a statement paragraph (f)(2)(i) of this section; or form or format, but the Secretary of the identifying any fee limitation desired, or (iv) In unusual circumstances, as Board need not provide more than one a request for a waiver or reduction of defined in 5 U.S.C. 552(a)(6)(B)(iii), the copy of any record to a requester. fees that satisfies paragraph (f) of this time limit may be extended for a period (ii) The Secretary of the Board shall section. of time not to exceed 10 working days provide any reasonably segregable (d) Processing requests.—(1) Priority as provided by written notice to the portion of a record that is responsive to of responses. The date of receipt for any requester, setting forth the reasons for the request after deleting those portions request, including one that is addressed the extension and the date on which a that are exempt under the FOIA or this incorrectly or that is referred to the determination is expected to be section. Board by another agency, is the date the dispatched; or such alternative time (iii) Except where disclosure is Secretary of the Board actually receives period as mutually agreed to by the expressly prohibited by statute, the request. The Secretary of the Board Secretary of the Board and the requester regulation, or order, the Secretary of the shall normally process requests in the when the Secretary of the Board notifies Board may authorize the release of order they are received. However, in the the requester that the request cannot be records that are exempt from mandatory Secretary of the Board’s discretion, the processed in the specified time limit. disclosure whenever the Board or Board may use two or more processing (4) Response to request. In response to designated Board members determine tracks by distinguishing between simple a request that satisfies paragraph (c) of that there would be no foreseeable harm and more complex requests based on the this section, an appropriate search shall in such disclosure. number of pages involved, or some be conducted of records in the custody (iv) The Board is not required in other measure of the amount of work and control of the Board on the date of response to the request to create records and/or time needed to process the receipt of the request, and a review or otherwise to prepare new records. request, and whether the request made of any responsive information (7) Prohibition against disclosure. qualifies for expedited processing as located. The Secretary of the Board shall Except as provided in this part, no described in paragraph (d)(2), of this notify the requester of: officer, employee, or agent of the Board section. When using multitrack (i) The Secretary of the Board’s shall disclose or permit the disclosure of processing, the Secretary of the Board determination of the request and the any unpublished information of the may provide requesters in the slower reasons therefor; Board to any person (other than Board track(s) with an opportunity to limit the (ii) The information withheld, and the officers, employees, or agents properly scope of their requests in order to basis for withholding; and entitled to such information for the qualify for faster processing. The (iii) The right to appeal any denial or performance of official duties), unless Secretary of the Board shall contact the partial denial, pursuant to paragraph (e) required by law. requester by telephone or by letter, of this section. (e) Appeals. (1) Any person denied whichever is most efficient in each case. (5) Referral to another agency. To the access to Board records requested under (2) Expedited processing. (i) A person extent a request covers documents that paragraph (c) of this section, denied may request expedited access to records were created by, obtained from, expedited processing under paragraph by submitting a statement, certified to classified by, or is in the primary (d) of this section, or denied a waiver of be true and correct to the best of that interest of another agency, the Secretary fees under paragraph (f) of this section

VerDate 12-OCT-99 12:28 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\27OCR2.XXX pfrm08 PsN: 27OCR2 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57937 may file a written appeal within 30 operator time, of producing the copy. (ii) Advance payment. The Secretary calendar days after the date of such For other forms of duplication, the of the Board shall require advance denial with the Board. The written Secretary of the Board will charge the payment of any fee estimated to exceed appeal shall prominently display the direct costs of that duplication. $250. The Secretary of the Board shall phrase FREEDOM OF INFORMATION (iii) Review. Review fees shall be also require full payment in advance ACT APPEAL on the first page, and charged to requesters who make a where a requester has previously failed shall be addressed to the General commercial use request. Review fees to pay a fee in a timely fashion. If an Counsel of the Board, Steel Guarantee shall be charged only for the initial advance payment of an estimated fee Loan Board, U.S. Department of record review—the review done when exceeds the actual total fee by $1 or Commerce, Washington, DC 20230; or the Secretary of the Board determines more, the difference shall be refunded to sent by facsimile to the General Counsel whether an exemption applies to a the requester. The time period for of the Board. The appeal shall include particular record at the initial request responding to requests under paragraph a copy of the original request, the initial level. No charge will be made for review (d)(4) of this section, and the processing denial, if any, and a statement of the at the administrative appeal level for an of the request shall be suspended until reasons why the requested records exemption already applied. However, the Secretary of the Board receives the should be made available and why the records withheld under an exemption required payment. initial denial was in error. that is subsequently determined not to (iii) Late charges. The Secretary of the (2) The General Counsel of the Board apply may be reviewed again to Board may assess interest charges when shall make a determination regarding determine whether any other exemption fee payment is not made within 30 days any appeal within 20 working days of not previously considered applies, and of the date on which the billing was actual receipt of the appeal, and the the costs of that review are chargeable. sent. Assessment of such interest will determination letter shall notify the Review fees shall be the direct costs of commence on the 31st day following the appealing party of the right to seek conducting the review by the involved day on which the billing was sent. judicial review in event of denial. employees. Interest is at the rate prescribed in 31 (f) Fee schedules; waiver of fees.— (iv) Limitations on charging fees. (A) U.S.C. 3717. (1) Fee schedule. The fees applicable No search fee will be charged for (3) Categories of uses. The fees to a request for records pursuant to requests by educational institutions, assessed depend upon the fee category. paragraph (c) of this section are set forth noncommercial scientific institutions, In determining which category is in the uniform fee schedule at the end or representatives of the news media. appropriate, the Secretary of the Board of this paragraph (f). (B) No search fee or review fee will be shall look to the identity of the requester (i) Search. (A) Search fees shall be charged for a quarter-hour period unless and the intended use set forth in the charged for all requests—other than more than half of that period is required request for records. Where a requester’s requests made by educational for search or review. description of the use is insufficient to institutions, noncommercial scientific (C) Whenever a total fee calculated make a determination, the Secretary of institutions, or representatives of the under this paragraph is $25 or less for the Board may seek additional news media—subject to the limitations any request, no fee will be charged. clarification before categorizing the of paragraph (f)(1)(iv) of this section. (D) For requesters other than those request. The Secretary of the Board shall charge seeking records for a commercial use, no (i) Commercial use requester. The fees for time spent searching even if no fee will be charged unless the cost of for search, duplication, and review responsive record is located or if the search in excess of two hours plus the apply when records are requested for Secretary of the Board withholds the cost of duplication in excess of 100 commercial use. record(s) located as entirely exempt pages totals more than $25. (ii) Educational, non-commercial from disclosure. (2) Payment procedures. All persons scientific institutions, or representatives Search fees shall be the direct costs of requesting records pursuant to of the news media requesters. The fees conducting the search by the involved paragraph (c) of this section shall pay for duplication apply when records are employees. the applicable fees before the Secretary not sought for commercial use, and the (B) For computer searches of records, of the Board sends copies of the requester is a representative of the news requesters will be charged the direct requested records, unless a fee waiver media or an educational or costs of conducting the search, although has been granted pursuant to paragraph noncommercial scientific institution, certain requesters (as provided in (f)(6) of this section. Requesters must whose purpose is scholarly or scientific paragraph (f)(3) of this section will be pay fees by check or money order made research. The first 100 pages of charged no search fee and certain other payable to the Treasury of the United duplication, however, will be provided requesters (as provided in paragraph States. free. (f)(3)) are entitled to the cost equivalent (i) Advance notification of fees. If the (iii) All other requesters. For all other of two hours of manual search time estimated charges are likely to exceed requests, the fees for search and without charge. These direct costs $25, the Secretary of the Board shall duplication apply. The first two hours include the costs, attributable to the notify the requester of the estimated of search time and the first 100 pages of search, of operating a central processing amount, unless the requester has duplication, however, will be provided unit and operator/programmer salary. indicated a willingness to pay fees as free. (ii) Duplication. Duplication fees will high as those anticipated. Upon receipt (4) Nonproductive search. Fees for be charged to all requesters, subject to of such notice, the requester may confer search may be charged even if no the limitations of paragraph (f)(1)(iv) of with the Secretary of the Board to responsive documents are found. Fees this section. For a paper photocopy of reformulate the request to lower the for search and review may be charged a record (no more than one copy of costs. The processing of the request even if the request is denied. which need be supplied), the fee shall shall be suspended until the requester (5) Aggregated requests. A requester be 15 cents per page. For copies provides the Secretary of the Board with may not file multiple requests at the produced by computer, such as tapes or a written guarantee that payment will be same time, solely in order to avoid printouts, the Secretary of the Board made upon completion of the payment of fees. If the Secretary of the shall charge the direct costs, including processing. Board reasonably believes that a

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The Secretary of the Board shall (h) Request for access to confidential the Secretary of the Board may aggregate make a determination on the request for commercial or financial information.— such requests and charge accordingly. It a waiver or reduction of fees and shall (1) Request for confidential commercial is considered reasonable for the notify the requester accordingly. A or financial information. A request by a Secretary of the Board to presume that denial may be appealed to the Board in submitter for confidential treatment of multiple requests by one requester on accordance with paragraph (e) of this any business information shall be the same topic made within a 30-day section. considered in connection with a request period have been made to avoid fees. (7) Uniform fee schedule. for access to that information. (6) Waiver or reduction of fees. A (2) Notice to the submitter. (i) The request for a waiver or reduction of the Service Rate Secretary of the Board shall notify a fees, and the justification for the waiver, submitter who requested confidential (i) Manual search ...... Actual salary rate of shall be included with the request for treatment of information pursuant to 5 employee involved, U.S.C. 552(b)(4), of the request for records to which it pertains. If a waiver plus 16 percent of is requested and the requester has not salary rate. access. indicated in writing an agreement to pay (ii) Computerized Actual direct cost, in- (ii) Absent a request for confidential the applicable fees if the waiver request search. cluding operator treatment, the Secretary of the Board is denied, the time for response to the time. may notify a submitter of a request for request for documents, as set forth in (iii) Duplication of access to submitter’s business under paragraph (d)(4) of this section, records: information if the Secretary of the Board shall not begin until a determination has (A) Paper copy $.15 per page reasonably believes that disclosure of reproduction. the information may cause substantial been made on the request for a waiver (B) Other repro- Actual direct cost, in- or reduction of fees. competitive harm to the submitter. duction (e.g., cluding operator (iii) The notice given to the submitter (i) Standards for determining waiver computer disk time. by mail, return receipt requested, shall or reduction. The Secretary of the Board or printout, be given as soon as practicable after may grant a waiver or reduction of fees microfilm, receipt of the request for access, and where it is determined both that microfiche, or shall describe the request and provide disclosure of the information is in the microform). the submitter seven working days from public interest because it is likely to (iv) Review of records Actual salary rate of (includes prepara- employee con- the date of notice, to submit written contribute significantly to public tion for release, i.e. ducting review, plus objections to disclosure of the understanding of the operation or excising). 16 percent of sal- information. Such statement shall activities of the government, and that ary rate. specify all grounds for withholding any the disclosure of information is not of the information and shall primarily in the commercial interest of (g) Reuest for confidential treatment demonstrate why the information which the requester. In making this of business information.—(1) is considered to be commercial or determination, the following factors Submission of request. Any submitter of financial information, and that the shall be considered: information to the Board who desires information is a trade secret, is (A) Whether the subject of the records confidential treatment of business privileged or confidential, or that its concerns the operations or activities of information pursuant to 5 U.S.C. disclosure is likely to cause substantial the government; 552(b)(4) shall file a request for competitive harm to the submitter. If the (B) Whether disclosure of the confidential treatment with the Board at submitter fails to respond to the notice information is likely to contribute the time the information is submitted or within the time specified, the submitter significantly to public understanding of a reasonable time after submission. will be considered to have no objection government operations or activities; (2) Form of request. Each request for to the release of the information. (C) Whether the requester has the confidential treatment of business Information a submitter provides under intention and ability to disseminate the information shall state in reasonable this paragraph may itself be subject to information to the public; detail the facts supporting the disclosure under the FOIA. (D) Whether the information is commercial or financial nature of the (3) Exceptions to notice to submitter. already in the public domain; business information and the legal Notice to the submitter need not be (E) Whether the requester has a justification under which the business given if: commercial interest that would be information should be protected. (i) The Secretary of the Board furthered by the disclosure; and, if so, Conclusory statements that release of determines that the request for access (F) Whether the magnitude of the the information would cause should be denied; identified commercial interest of the competitive harm generally will not be (ii) The requested information requester is sufficiently large, in considered sufficient to justify lawfully has been made available to the comparison with the public interest in confidential treatment. public; disclosure, that disclosure is primarily (3) Designation and separation of (iii) Disclosure of the information is in the commercial interest of the confidential material. All information required by law (other than 5 U.S.C. requester. considered confidential by a submitter 552); or (ii) Contents of request for waiver. A shall be clearly designated (iv) The submitter’s claim of request for a waiver or reduction of fees ‘‘PROPRIETARY’’ or ‘‘BUSINESS confidentiality under 5 U.S.C. 552(b)(4) shall include a clear statement of how CONFIDENTIAL’’ in the submission and appears obviously frivolous or has the request satisfies the criteria set forth separated from information for which already been denied by the Secretary of in paragraph (f)(6)(i) of this section. confidential treatment is not requested. the Board, except that in this last

VerDate 12-OCT-99 12:28 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\27OCR2.XXX pfrm08 PsN: 27OCR2 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57939 instance the Secretary of the Board shall or guarantee a loan shall file with that (3) A change in the officer(s), give the submitter written notice of the agency a statement, set forth in the employee(s), or Member(s) contacted to determination to disclose the application form, whether that person influence or attempt to influence a information at least seven working days has made or has agreed to make any covered Federal action. prior to disclosure. payment to influence or attempt to (4) Notice to requester. At the same influence an officer or employee of any § 400.109 Government-wide debarment and suspension (nonprocurement). time the Secretary of the Board notifies agency, a Member of Congress, an the submitter, the Secretary of the Board officer or employee of Congress, or an (a) Executive Order (E.O.) 12549 also shall notify the requester that the employee of a Member of Congress in provides that, to the extent permitted by request is subject to the provisions of connection with that loan insurance or law, Executive departments and this section. Guarantee. agencies shall participate in a (5) Determination by Secretary of the (c) Each person who requests or governmentwide system for Board. The Secretary of the Board’s receives from an agency a commitment nonprocurement debarment and determination whether or not to providing for the United States to insure suspension. A person who is debarred disclose any information for which or guarantee a loan shall file with that or suspended shall be excluded from confidential treatment has been agency a Standard Form–LLL if that Federal financial and nonfinancial requested pursuant to this section shall person has made or has agreed to make assistance and benefits under Federal be communicated to the submitter and any payment to influence or attempt to programs and activities. Debarment or the requester immediately. If the influence an officer or employee of any suspension of a participant in a program Secretary of the Board determines to agency, a Member of Congress, an by one agency shall have disclose the business information over officer or employee of Congress, or an governmentwide effect. The Board shall the objection of a submitter, the employee of a Member of Congress in review the List of Debarred entities prior Secretary of the Board shall give the connection with that loan insurance or to making final loan Guarantee submitter written notice via mail, return Guarantee. decisions. Suspension or debarment receipt requested, or similar means, (d) Each person shall file a may be a basis for denying a loan which shall include: certification, contained in the Guarantee. (i) A statement of reason(s) why the application form, and a disclosure form (b) This section applies to all persons submitter’s objections to disclosure (Standard Form–LLL), if required, with who have participated, are currently were not sustained; each submission that initiates agency participating or may reasonably be (ii) A description of the business consideration of such person for: expected to participate in transactions information to be disclosed; and (1) Award of a Federal contract, grant, under Federal nonprocurement (iii) A statement that the component or cooperative agreement exceeding programs. For purposes of this section intends to disclose the information $100,000; or such transactions will be referred to as seven working days from the date the (2) An award of a Federal loan or a ‘‘covered transactions’’. submitter receives the notice. commitment providing for the United (1) Covered transaction. For purposes (6) Notice of lawsuit. The Secretary of States to insure or guarantee a loan of this section, a covered transaction is the Board shall promptly notify any exceeding $150,000. a primary covered transaction or a lower submitter of information covered by this (e) Each person shall file a tier covered transaction. Covered section of the filing of any suit against certification, and a disclosure form, if transactions at any tier need not involve the Board to compel disclosure of such required, upon receipt by such person the transfer of Federal funds. information, and shall promptly notify a of: (i) Primary covered transaction. requester of any suit filed against the (1) A Federal contract, grant, or Except as noted in paragraph (b)(2) of Board to enjoin the disclosure of cooperative agreement exceeding this section, a primary covered requested documents. $100,000; or (2) A Federal loan or a commitment transaction is any nonprocurement § 400.108 Restrictions on lobbying. providing for the United States to insure transaction between an agency and a (a) No funds received through a loan or Guarantee a loan exceeding $150,000, person, regardless of type, including: guaranteed under this Program may be unless such person previously filed a grants, cooperative agreements, expended by the recipient of a Federal certification, and a disclosure form, if scholarships, fellowships, contracts of contract, grant, loan, loan Guarantee, or required, under paragraph (c) of this assistance, loans, loan Guarantees, cooperative agreement to pay any section. subsidies, insurance, payments for person for influencing or attempting to (f) Each person shall file a disclosure specified use, donation agreements and influence an officer or employee of any form at the end of each calendar quarter any other nonprocurement transactions agency, a Member of Congress, an in which there occurs any event that between a Federal agency and a person. officer or employee of Congress, or an requires disclosure or that materially (ii) Lower tier covered transaction. A employee of a Member of Congress in affects the accuracy of the information lower tier covered transaction is: connection with any of the following contained in any disclosure form (A) Any transaction between a covered Federal actions: the awarding of previously filed by such person under participant and a person other than a any Federal contract, the making of any paragraphs (d) or (e) of this section. An procurement contract for goods or Federal grant, the making of any Federal event that materially affects the services, regardless of type, under a loan or loan Guarantee, the entering into accuracy of the information reported primary covered transaction; of any cooperative agreement, and the includes: (B) Any procurement contract for extension, continuation, renewal, (1) A cumulative increase of $25,000 goods or services between a participant amendment, or modification of any or more in the amount paid or expected and a person, regardless of type, Federal contract, grant, loan, loan to be paid for influencing or attempting expected to equal or exceed the Federal Guarantee, or cooperative agreement. to influence a covered Federal action; or procurement small purchase threshold (b) Each person who requests or (2) A change in the person(s) or fixed at 10 U.S.C. 2304(g) and 41 U.S.C. receives from an agency a commitment individual(s) influencing or attempting 253(g) (currently $100,000) under a providing for the United States to insure to influence a covered Federal action; or primary covered transaction;

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(C) Any procurement contract for debarment under 48 CFR part 9, subpart (i) Notwithstanding the debarment, goods or services between a participant 9.4, debarred or suspended shall be suspension, proposed debarment under and a person under a covered excluded from participating as either 48 CFR part 9, subpart 9.4, transaction, regardless of amount, under participants or principals in all lower determination of ineligibility, or which that person will have a critical tier covered transactions (see paragraph voluntary exclusion of any person by an influence on or substantive control over (b)(1)(ii) of this section for the period of agency, agencies and participants may that covered transaction. Such persons their exclusion. continue covered transactions in may include loan officers or chief (e) Exceptions. Debarment or existence at the time the person was executive officers acting as principal suspension does not affect a person’s debarred, suspended, proposed for investigators and providers of federally- eligibility for— debarment under 48 CFR part 9, subpart required audit services. (1) Statutory entitlements or 9.4, declared ineligible, or voluntarily (2) Exceptions. The following mandatory awards (but not subtier excluded. A decision as to the type of transactions are not covered: awards thereunder which are not termination action, if any, to be taken (i) Statutory entitlements or themselves mandatory), including should be made only after thorough mandatory awards (but not subtier deposited funds insured by the Federal review to ensure the propriety of the awards thereunder which are not Government; proposed action. themselves mandatory), including (2) Direct awards to foreign (j) Agencies and participants shall not deposited funds insured by the Federal governments or public international renew or extend covered transactions Government; organizations, or transactions with (other than no-cost time extensions) (ii) Direct awards to foreign foreign governments or foreign with any person who is debarred, governments or public international governmental entities, public suspended, proposed for debarment organizations, or transactions with international organizations, foreign under 48 CFR part 9, subpart 9.4, foreign governments or foreign government owned (in whole or in part) ineligible or voluntary excluded, except governmental entities, public or controlled entities, and entities as provided in paragraph (h) of this international organizations, foreign consisting wholly or partially of foreign section. (k) Except as permitted under government owned (in whole or in part) governments or foreign governmental paragraphs (h) or (i) of this section, a or controlled entities, entities consisting entities; participant shall not knowingly do wholly or partially of foreign (3) Benefits to an individual as a business under a covered transaction governments or foreign governmental personal entitlement without regard to entities; with a person who is— the individual’s present responsibility (1) Debarred or suspended; (iii) Benefits to an individual as a (but benefits received in an individual’s personal entitlement without regard to (2) Proposed for debarment under 48 business capacity are not excepted); CFR part 9, subpart 9.4; or the individual’s present responsibility (4) Federal employment; (but benefits received in an individual’s (3) Ineligible for or voluntarily (5) Transactions pursuant to national excluded from the covered transaction. business capacity are not excepted); or agency-recognized emergencies or (iv) Federal employment; (l) Violation of the restriction under (v) Transactions pursuant to national disasters; paragraph (k) of this section may result or agency-recognized emergencies or (6) Incidental benefits derived from in disallowance of costs, annulment or disasters; ordinary governmental operations; and termination of award, issuance of a stop (vi) Incidental benefits derived from (7) Other transactions where the work order, debarment or suspension, or ordinary governmental operations; and application of this section would be other remedies as appropriate. (vii) Other transactions where the prohibited by law. (m) A participant may rely upon the application of this section would be (f) Persons who are ineligible are certification of a prospective participant prohibited by law. excluded in accordance with the in a lower tier covered transaction that (3) Board covered transactions. This applicable statutory, executive order, or it and its principals are not debarred, section applies to the Board’s loan regulatory authority. suspended, proposed for debarment Guarantees, subcontracts and (g) Persons who accept voluntary under 48 CFR part 9, subpart 9.4, transactions at any tier that are charges exclusions are excluded in accordance ineligible, or voluntarily excluded from as direct or indirect costs, regardless of with the terms of their settlements. The the covered transaction, unless it knows type. Board shall, and participants may, that the certification is erroneous. An (c) Primary covered transactions. contact the original action agency to agency has the burden of proof that a Except to the extent prohibited by law, ascertain the extent of the exclusion. participant did knowingly do business persons who are debarred or suspended (h) The Board may grant an exception with a person that filed an erroneous shall be excluded from primary covered permitting a debarred, suspended, or certification. voluntarily excluded person, or a person transactions as either participants or § 400.110 Amendments. principals throughout the Executive proposed for debarment under 48 CFR The Board’s rules in this chapter may Branch of the Federal Government for part 9, subpart 9.4, to participate in a be adopted or amended, or new rules the period of their debarment, particular covered transaction upon a may be adopted, only by majority vote suspension, or the period they are written determination by the agency of the Board. Authority to adopt or proposed for debarment under 48 CFR head or an authorized designee stating amend these rules may not be delegated. part 9, subpart 9.4. Accordingly, no the reason(s) for deviating from the agency shall enter into primary covered Presidential policy established by Subpart CÐSteel Guarantee Loans transactions with such excluded Executive Order 12549. However, in persons during such period, except as accordance with the President’s stated § 400.200 Eligible Borrower. permitted pursuant to paragraph (l) of intention in the Executive Order, (a) An eligible Borrower must be a this section. exceptions shall be granted only Qualified Steel Company that can (d) Lower tier covered transactions. infrequently. Exceptions shall be demonstrate: Except to the extent prohibited by law, reported in accordance with the (1) Credit is not otherwise available to persons who have been proposed for Executive Order. it under reasonable terms or conditions

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In addition to evaluating an conditions of the Guarantee. plans of the company; application pursuant to § 400.207, in (2) Without limiting the Lender’s and (2) The prospective earning power of making a determination to issue a Borrower’s obligations under paragraph that company, together with the Guarantee to a Lender, the Board will (c)(1) of this section, at a minimum, the character and value of the security assess: loan shall be secured by— pledged, furnish reasonable assurance of (1) The Lender’s level of regulatory (i) A fully perfected and enforceable repayment of the loan to be guaranteed capital, in the case of banking security interest and/or lien, with first in accordance with its terms; institutions, or net worth, in the case of priority over conflicting security (3) The company has agreed to permit investment institutions; interests or other liens in all property, audits by the General Accounting Office (2) Whether the Lender possesses the both real and personal, tangible or and an independent auditor acceptable ability to administer the loan, as intangible, including accessions, to the Board prior to the issuance of the required by § 400.211(b), including its replacements and proceeds thereof, guarantee and while any such experience with loans to steel which are acquired, improved, or guaranteed loan is outstanding; companies; derived from the loan funds; and (4) It has experienced layoffs, (3) The scope, volume and duration of (ii) A fully perfected and enforceable production losses, or financial losses the Lender’s activity in administering security interest and/or lien in all other between January 1, 1998, and the date loans; property of the Borrower, including of application for the Guarantee, (4) The performance of the Lender’s accessions, replacements and proceeds demonstrated as a comparison between loan portfolio, including its current thereof, or which may be given by a employment, production, or net income delinquency rate; third-party as Security for the loan, the existing on January 1, 1998 and on the (5) The Lender’s loss rate as a priority of which shall be on the same date of application; and percentage of loan amounts for its and equal status with the highest (5) In the case of a purchaser of current fiscal year; and voluntarily granted or acquired security substantial assets of a Qualified Steel (6) Any other matter the Board deems interest or lien then existing therein; Company; the Qualified Steel Company material to its assessment of the Lender. (3) The entire loan will be secured by is unable to re-organize itself. (c) In the case of the refinancing of an the same Security with equal lien (b) For purposes of this section, a existing credit, the applicant must be a priority for the guaranteed and the company will be considered a purchaser different lender than the holder of the unguaranteed portions of the loan. The of substantial assets of a Qualified Steel existing credit. unguaranteed portion of the loan will Company if the company’s identifiable neither be paid first nor given any assets purchased from a Qualified Steel § 400.202 Loan amount. preference over the guaranteed portion. Company are 50 percent or more of the (a) The aggregate amount of loan (4) An Applicant’s compliance with consolidated assets of that Qualified principal guaranteed under this Program paragraph (c)(2) of this section does not Steel Company and its subsidiaries. to a single Qualified Steel Company assure a finding of reasonable assurance (c) The Lender must provide with its may not exceed $ 250 million. of repayment, or assure the Board’s application a letter from at least one (b) Of the aggregate amount of loans Guarantee of the loan. lending institution other than the authorized to be guaranteed and (d) An eligible Lender may assess and Lender to which the Borrower has outstanding at any one time, not more collect from the Borrower such other applied for financial assistance, since than $30 million shall be loans to iron fees and costs associated with the January 1, 1998, indicating that the ore companies. application and origination of the loan Borrower was denied for substantially as are reasonable and customary, taking the same loan they are now applying § 400.203 Guarantee percentage. into consideration the amount and for, and the reasons the Borrower was A guarantee issued by the Board may complexity of the credit. The Board may unable to obtain the financing for which not exceed 85 percent of the amount of take such other fees and costs into it applied. In addition, the Lender the principal of a loan to a Qualified consideration when determining applying for a guarantee under this Steel Company. whether to offer a Guarantee to the Lender. Program must certify that it would not § 400.204 Loan terms. make the loan without the Board’s § 400.205 Application process. guarantee. (a) All loans guaranteed under the Program shall be due and payable in full (a) Application deadline. An original § 400.201 Eligible Lender. no later than December 31, 2005. application and three copies must be (a) A lender eligible to apply to the (b) Loans guaranteed under the received by the Board no later than 8 Board for a Guarantee of a loan must be: Program must bear a rate of interest p.m. EST, December 30, 1999 in U.S. (1) A banking institution, such as a determined by the Board to be Department of Commerce, Washington commercial bank or trust company, reasonable. The reasonableness of an DC 20230. Applications which have subject to regulation by the Federal interest rate will be determined with been provided to a delivery service on banking agencies enumerated in 12 respect to current average yields on or before December 29, 1999, with U.S.C. 1813; or outstanding obligations of the United ‘‘delivery guaranteed’’ before 8 p.m. on (2) An investment institution, such as States with remaining periods of December 30, 1999, will be accepted for an investment bank, commercial finance maturity comparable to the term of the review if the Applicant can document company, or insurance company that is loan sought to be guaranteed. The Board that the application was provided to the currently engaged in commercial may reject an application to guarantee a delivery service with delivery to the lending in the normal course of its loan if it determines the interest rate of address listed above guaranteed prior to business. such loan to be unreasonable. the closing date and time. A postmark (b) Status as a Lender under (c)(1) The performance of all of the of December 30, 1999, is not sufficient paragraph (a) of this section does not Borrower’s obligations under the Loan to meet this deadline as the application assure that the Board will issue the Documents shall be secured by, and must be received by the required date Guarantee sought, or otherwise preclude shall have the priority in, such Security and time. Applications will not be

VerDate 12-OCT-99 12:28 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\27OCR2.XXX pfrm08 PsN: 27OCR2 57942 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations accepted via facsimile machine accountant, including any associated sources, qualified to provide reliable transmission or electronic mail. notes, as well as any interim financial environmental information; (b) Applications shall contain the statements and associated notes for the (B) Any previously prepared following: current fiscal year; environmental reports or data relevant (1) A completed Form ‘‘Application (9) A five year history and five year to the loan at issue; for Steel Guarantee Loan’’; projection for revenue, cash flow, (C) Any environmental review (2) The information required for the average realized prices and average prepared by Federal, State, or local completion of Form ‘‘Environmental realized production costs. If the loan agencies relevant to the loan at issue; Assessment and Compliance Findings funds are to be used to purchase (D) The information required for the for Related Environmental Laws’’ and substantial assets of an existing firm, a completion of Form ‘‘Environmental attachments, as required by pro forma balance sheet at startup, and Assessment and Compliance Findings § 400.206(a)(2)(i)(D), unless the project five years projected year end balance for Related Environmental Laws;’’ and is categorically excluded under sheets and income statement at start-up; (E) Any other information that can be § 400.206(b); (10) Documentation that credit is not used by the Board to ensure compliance (3) All Loan Documents that will be otherwise available to the borrower with environmental laws. signed by the Lender and the Borrower, under reasonable terms or conditions (ii) All information supplied by the if the application is approved, including sufficient to meet its financial needs, as Lender is subject to verification by the all terms and conditions of, and reflected in the financial or business Board. Security or additional Security to assure plan of that company. The Lender must (b) Categorical exclusions from the Borrower’s performance under, the provide with its application those items National Environmental Policy Act loan; required by § 400.200(c); and (NEPA) reviews. The actions described (4) Certification by the chairman of (11) Documentation sufficient to in this paragraph have been determined the board and the chief executive officer demonstrate that the Lender is eligible not to have a significant impact on the of the Borrower acknowledging that the under § 400.201(a) and to allow the quality of the human environment, Borrower is aware that the Lender is Board to make a determination to issue either individually or cumulatively. applying to the Board for a Guarantee of a Guarantee to such Lender as set forth They are categorically excluded from a loan under the Program, as described in § 400.201(b). the need to prepare an environmental in the Loan Documents; and agreeing to (c) No Guarantee will be made if assessment or impact statement under permit audits by the General either the Borrower or Lender has an NEPA. It must be emphasized that even Accounting Office, its designee, and an outstanding, delinquent Federal debt though these actions are excluded from independent auditor acceptable to the until: further environmental reviews under Board prior to the issuance of the (1) The delinquent account has been NEPA, they are not excluded from Guarantee and annually thereafter while paid in full; compliance with other applicable local, such guarantee is outstanding; (2) A negotiated repayment schedule State, or Federal environmental laws. (5) The Lender’s full written is established and at least one payment (1) Projects that solely involve the underwriting analysis of the loan to be has been received; or acquisition, construction, guaranteed by the Board; (3) Other arrangements, satisfactory to reconstruction, renovation, or (6) A certification that the Lender has the agency responsible for collecting the installation of facilities, structures or followed the same loan underwriting debt, are made. businesses, for replacement or analysis with the loan to be guaranteed restoration purposes, with minimal as it would follow for a loan not § 400.206 Environmental requirements. change in use, size, capacity, purpose or guaranteed by the Government; and a (a)(1) General. Environmental location from the original facility (e.g., certification by the Lender, that the assessments of the Board’s actions will replacement in-kind of utilities such as loan, Lender, and Borrower meet each of be conducted in accordance with water or sewer lines and appurtenances, the requirements of the Program as set applicable statutes, regulations, and reconstruction of curbs and sidewalks, forth in the Act and the Board’s rules in Executive Orders. Therefore, except as street repaving, and building this part; provided in paragraph (b) of this modifications, renovations, and (7) A description of all Security for section, and subject to paragraph (c) of improvements); the loan, including, as applicable, this section, each application for a (2) Project management actions current appraisal of real and personal Guarantee under the Program must be relating to invitation for bids, contract property, copies of any appropriate accompanied by information necessary award, and the actual physical environmental site assessments, and for the Board to meet the requirements commencement of construction current personal and corporate financial of applicable law. activities; statements of any guarantors for the (2) Environmental information (3) Projects that solely involve the same period as required for the required from the Lender. (i) purchase and installation of office Borrower. Appraisals of real property Environmental data or documentation equipment, public safety equipment, or shall be prepared by State licensed or concerning the use of the proceeds of motor vehicles; certified appraisers, and be consistent any loan guaranteed under this Program (4) Projects that solely involve the with the ‘‘Uniform Standards of must be provided by the Lender to the acquisition of working capital; and Professional Appraisal Practice,’’ Board to assist the Board in meeting its (5) Projects that solely involve a promulgated by the Appraisal Standards legal responsibilities. The Lender may combination of activities under Board of the Appraisal Foundation. obtain this information from the paragraphs (b)(1) through (4) of this Financial statements of guarantors shall Borrower. Such information includes: section. be prepared by independent Certified (A) Documentation for an (c) Actions listed in paragraph (b) that Public Accountants; environmental threshold review from otherwise are categorically excluded (8) Consolidated financial statements qualified data sources, such as a from NEPA review are not necessarily of the Borrower for the previous three Federal, State or local agency with excluded from review if they would be years that have been audited by an expertise and experience in located within, or in other cases, independent certified public environmental protection, or other potentially affect:

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(1) A floodplain; (3) Adequacy of the underwriting the Act, it is the intent of the Board to (2) A wetland; analysis performed by the Lender in minimize the cost of the Program to the (3) Important farmlands, or prime preparing the application and the ability Government. The Board will estimate forestlands or rangelands; of the Lender to administer the loan in the risk posed by the guaranteed loans (4) A listed species or critical habitat full compliance with the requisite to the funds appropriated for the costs for an endangered species; standard of care set forth in of the Guarantees under the Program (5) A property that is listed on or may § 400.211(b). and operate the Program accordingly. be eligible for listing on the National (c) Decisions by the Board. Upon Register of Historic Places; completion of the evaluation of the § 400.210 Assignment or transfer of loans. (6) An area within an approved State application and as soon as possible after (a) Neither the Loan Documents nor coastal zone management Program; the due date, the Board will approve or the Guarantee of the Board, or any (7) A coastal barrier or a portion of a deny all eligible applications timely interest therein, may be modified, barrier within the Coastal Barrier received under this Program. The Board assigned, conveyed, sold or otherwise Resources System; shall notify all Applicants in writing of transferred by the Lender, in whole or (8) A river or portion of a river the approval or denial of the Guarantee in part, without the prior written included in, or designated for, potential applications as soon as possible. approval of the Board. addition to the Wild and Scenic Rivers Approvals for loan Guarantees shall be (b) Under no circumstances will the System; conditioned upon compliance with Board permit an assignment or transfer (9) A sole source aquifer recharge § 400.208. of less than 100 percent of the Loan area; Documents and Guarantee, nor will it (10) A State water quality standard § 400.208 Issuance of the Guarantee. permit an assignment or transfer to be (including designated and/or existing (a) The Board’s decisions to approve made to an entity which the Board beneficial uses and anti-degradation any application for, and extend an offer determines not to be an Eligible Lender requirements); or of, guarantee under § 400.207 is pursuant to § 400.201. (11) Federal lands. conditioned upon: (c) The proscription under paragraph (d) The regulations of the Council on (1) The Lender and Borrower (a) of this section shall not apply to: Environmental Quality implementing obtaining any required regulatory or (1) Transfers which occur by NEPA require the Board to provide judicial approvals; operation of law, unless a primary public notice of the availability of (2) The Lender and Borrower being purpose of the transaction leading to project specific environmental legally authorized to enter into the loan such a transfer was to assign, convey or documents such as environmental under the terms and conditions sell the loan note or Guarantee without impact statements, environmental submitted to the Board in the the necessity of securing the Board’s assessments, findings of no significant application; prior written approval; or impact, records of decision etc., to the (3) The Board’s receipt of the Loan (2) An action or agreement by the affected public. See 40 CFR 1506.6(b). Documents, Guarantee, and any related Lender which has the effect of Environmental information concerning instruments, properly executed by the distributing the risks of the credit specific projects can be obtained from Lender, Borrower, and any other among other Lenders if: the Board by contacting: Executive required party other than the Board; and (i) Neither the loan note nor the Director, Emergency Steel Guarantee (4) No material adverse change in the Guarantee is assigned, conveyed, sold, Loan Board, U.S. Department of Borrower’s ability to repay the loan or transferred in whole or in part; Commerce, Washington, DC 20230. between the date of the Board’s (ii) Both the unguaranteed and approval and the date the Guarantee is guaranteed portions of the loan are § 400.207 Application evaluation. to be issued. treated in the same manner; (a) Eligibility screening. Applications (b) The Board may withdraw its (iii) The Lender remains solely will be reviewed to determine whether approval of an application and rescind responsible for the administration of the the Lender and Borrower are eligible, its offer of Guarantee if the Board loan; and the information required under determines that the Lender or the (iv) The Board’s ability to assert any § 400.205(b) is complete, and the Borrower cannot, or is unwilling to, and all defenses available to it under the proposed loan complies with applicable provide adequate documentation and Guarantee and the law is not adversely statutes and regulations. The Board can proof of compliance with paragraph (a) affected. at any time reject an application that of this section within the time provided does not meet these requirements. for in the offer. § 400.211 Lender responsibilities. (b) Evaluation criteria. Applications (c) Only after receipt of all the (a) General. Lender shall comply with that are determined to be eligible documentation, required by this section, all provisions of the Guarantee. pursuant to paragraph (a) of this section will the Board sign and deliver the (b) Standard of care. The Lender shall shall be subject to a substantive review, Guarantee. exercise due care and diligence in on a competitive basis, by the Board (d) A Borrower receiving a loan administering the loan as would be based upon the following evaluation guaranteed by the Board under this exercised by a responsible and prudent factors, in order of importance: Program shall pay a one-time guarantee banking institution when administering (1) The ability of the Borrower to fee of 0.5 percent of the amount of the a secured loan of such banking repay the loan by the date specified in principal of the loan. This fee must be institution’s own funds without a the Loan Document, which shall be no paid no later than one year from the Federal guaranty. Such standard shall later than December 31, 2005; issuance of the Guarantee. also apply to any and all approvals, (2) The adequacy of the proposed determinations, permissions, provisions to protect the Government, § 400.209 Funding for the Program. acceptances, requirements, or opinion including sufficiency of Security, the The Act provides funding for the costs made, given, imposed or reached by priority of the lien position in the incurred by the Government as a result Lender. Security, and the percentage of of granting Guarantees under the (c) Representation to the Board. In Guarantee requested; and Program. While pursuing the goals of addition to any other representations

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All written notices, have occurred in accordance with the opinion, determination, requests, or demands made to the Board terms and conditions of the Guarantee; recommendation, approval, disapproval, shall be mailed to the Board at the U.S. (2) The Guarantee fee required by assistance (financial or other) or Department of Commerce, Washington, § 400.208(d) shall not have been paid; participation by the Board, except DC 20230, except as otherwise specified (3) The Lender shall have released or where the Board’s consent is expressly by the Guarantee or as directed by the covenanted not to sue the Borrower or required by the Guarantee, or where the Board. Lender shall notify the Board in any other guarantor, or agreed to the Board, in its sole discretion and writing without delay of: modification of any obligation of any pursuant to the Guarantee, elects to (1) Deterioration in the internal risk party to any agreement related to the provide same. rating of a loan guaranteed under this loan, without the prior written consent (d) Covenants. With respect to any Program within 3 business days of such of the Board; loan guaranteed by the Board pursuant action by the Lender; (4) Lender has released the Board to the Act and this part, the Lender shall (2) The occurrence of each event of from its liability and obligations under require the Loan Documents to contain default under the Loan Documents or the Guarantee; such affirmative and negative covenants Guarantee promptly, but not later than (5) Lender has been repaid in full on by the Borrower as are required by the 3 business days, of the Lender’s learning the loan; terms and conditions of the Guarantee, of such occurrence; and (6) Lender shall have made any such as the prohibition on the payment incorrect or incomplete representation of dividends. (3) Any other notification to the Board in any material respect in (e) Monitoring. In accordance with the requirements as provided by law, or by connection with the Application, the Guarantee, the Lender shall monitor the terms of the Guarantee or Loan Guarantee or the Loan Documents; or Borrower’s performance under the Loan Documents. (7) Lender failed to comply with any Documents to detect any § 400.212 Liquidation. material provision of the Loan noncompliance by the Borrower with Documents or the Guarantee. any provision thereof, and will use its (a) The Board may take, or direct to (b) Upon receipt of a written demand best efforts to cause Borrower’s timely be taken, any action in liquidating the for payment made pursuant to the correction of any such noncompliance Security which the Board determines to Guarantee, the Board shall be entitled to and Borrower’s compliance with such be necessary or proper, consistent with seek such certifications from the Lender, provision thereafter. Federal law and regulations. undertake such audits or investigations, (f) Reporting. With respect to any loan (b) Pursuant to the Guarantee, upon or take such other action as is provided guaranteed by the Board pursuant to the written demand by the Lender and for by law or the Guarantee so as to Act and this part the Lender shall whether or not the Board has made any determine whether the Lender has provide the Board with the following payment under the Guarantee, the complied with all of the Lender’s information: Board, at the Board’s sole option shall obligations under the Guarantee. (1) Audited financial statements for have the right to require that the Lender, § 400.214 OMB control number. the Borrower for the prior fiscal year; solely or jointly with the Board, conduct [Reserved]. (2) Projected balance sheet, income to completion the liquidation of any or statement, and cash flows for the all of the Security. The Board may [FR Doc. 99–27581 Filed 10–22–99; 2:19 pm] Borrower for each year remaining on the choose to conduct the liquidation itself. BILLING CODE 1310±FP±P

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EMERGENCY OIL AND GAS operations of the Program. A loan principal of the loan. The aggregate GUARANTEED LOAN BOARD guarantee may be issued upon amount of loans guaranteed and application to the Board by a private outstanding at any one time under this 13 CFR Chapter V banking or investment institution which Program may not exceed $500 million, has committed to enter into an and the aggregate amount of loans RIN 3003±ZA00 agreement to provide a loan to a guaranteed under this Program with Emergency Oil and Gas Guaranteed qualified oil and gas company. A respect to a single qualified oil and gas Loan Program qualified oil and gas company is defined company may not exceed $10 million. A in the Act to mean any company that qualified oil and gas company receiving AGENCY: Emergency Oil and Gas (A) is: (i) An independent oil and gas a guarantee under this section will be Guaranteed Loan Board. company (within the meaning of section required to pay a fee in the amount of ACTION: Final rule. 57(a)(2)(B)(i) of the Internal Revenue 0.5 percent of the principal of the loan Code of 1986); or (ii) A small business to the Department of the Treasury to SUMMARY: On August 17, 1999, concern under section 3 of the Small cover the costs of the Program payable President Clinton signed into law an act Business Act, 15 U.S.C. 632, (or a within one year from the issuance of the providing authority for guarantees of company based in Alaska, including an guarantee. Finally, the terms and loans to qualified steel and iron ore Alaska Native Corporation created conditions of each guaranteed loan must companies and to qualified oil and gas pursuant to the Alaska Native Claims provide that the loan may not be companies. Chapter 2 of the Emergency Settlement Act, 43 U.S.C. 1601 et seq.) amended, and that no provision of the Oil and Gas Guaranteed Loan Program that is an oil field service company loan documents or the guarantee Act (‘‘Act’’), established the Emergency whose main business is providing tools, agreement can be waived, without the Oil and Gas Guaranteed Loan Program products, personnel, and technical prior written consent of the Board. (‘‘Program’’) for guaranteeing loans solutions on a contractual basis to In the Act, Congress appropriated made by private sector lending exploration and production operators $122.5 million for the cost of the loans institutions to qualified oil and gas that drill, complete wells, and produce, guaranteed. The Board will consider companies. The Act established the transport, refine, and sell hydrocarbons applications and award guarantees Guarantee Loan Board (‘‘Board’’), and their byproducts as the main under the Program in accordance with composed of the Chairman of the Board commercial business of the concern or the appropriated funding. of Governors of the Federal Reserve company; and (B) has experienced Public Meeting System, as Chairman of the Board, the financial losses since January 1997. Secretary of Commerce, and the In order to guarantee a loan to a To receive public input regarding Chairman of the Securities and qualified oil and gas company, the operation of the Program, the Board Exchange Commission. The Board has Board must make certain held a public meeting on September 22, certain responsibilities under the law, determinations. The Board must 1999, at the Department of Commerce. including the issuance of necessary determine that credit is not otherwise The meeting consisted of parties rules. The Department of Commerce was available to a qualified oil and gas presenting oral statements to staff of the appropriated funds to implement and company under reasonable terms or Department of Commerce, the Federal administer the Program. These conditions sufficient to meet its Reserve Board, and the Securities and regulations have been approved by the financing needs. Next, the prospective Exchange Commission. Oral statements Board, and are being issued to earning power of that company, together addressed issues and made suggestions implement the Program. with the character and value of the regarding implementation of the security pledged, must furnish Program. Four parties, representing oil DATES: This rule is effective December reasonable assurance of repayment of and gas companies, presented oral 27, 1999. the loan to be guaranteed in accordance testimony at the meeting. In addition to FOR FURTHER INFORMATION CONTACT: with its terms. In addition, the loan to oral statements presented at the Executive Director, Oil and Gas be guaranteed must bear interest at a meeting, written comments were Guaranteed Loan Board, U.S. rate determined by the Board to be submitted by interested parties. All Department of Commerce, Washington reasonable, taking into account the comments were considered in D.C. 20230, (202) 482–6151. current average yield on outstanding promulgating these rules. SUPPLEMENTARY INFORMATION: obligations of the United States with Description of Regulation Background remaining periods of maturity comparable to the maturity of such loan. The Board’s regulations are divided The Program will provide guarantees Further the company must agree to an into three subparts. Subpart A sets out for up to $500 million in loans to audit by the General Accounting Office, the purpose of the rules and contains qualified oil and gas companies. These or its designee, and an independent definitions of terms used in the other loans will be made by private sector auditor acceptable to the Board, prior to subparts. Subpart B contains rules lenders, with the Federal Government the issuance of the Guarantee and regarding the Board’s organization, providing a guarantee for up to 85 annually thereafter while such staffing, rules of procedure, and percent of the amount of the principal guarantee is outstanding. In addition, procedures for public access to the of the loan. The Board, composed of the audited financial statements are Board’s records. The Board will Chairman of the Board of Governors of required to be submitted with an establish an official staff consisting of an the Federal Reserve System, who will application. Executive Director, General Counsel, serve as Chairman of the Board, the The Act established several and Secretary, with the respective Secretary of Commerce, and the conditions applicable to each loan responsibilities set out in Subpart B. Chairman of the Securities and guarantee issued by the Board. All loans The Board may delegate to its official Exchange Commission, will oversee the guaranteed under this Program must be staff authority to take certain actions, Program. The Board will select an paid in full not later than December 31, subject to such terms and conditions as Executive Director, a Secretary, and a 2010. The guarantee level may not the Board deems appropriate. The Board General Counsel to oversee day-to-day exceed 85 percent of the amount of may employ additional staff or outside

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In requirements. fees, and restrictions on assignment and addition, applications giving the transfer of loans guaranteed under the government a higher security position Intergovernmental Review Program. In addition, Subpart C on higher quality collateral will be given No intergovernmental consultation describes the process by which eligible preference over those that provide a with state and local officials is required lenders can submit applications for loan lesser level of security. Failure to do so because the rule is not subject to the guarantees to the Board and the Board’s could reduce the likelihood that the provisions of Executive Order 12372 or procedures for processing and application will be selected to receive a Executive Order 12875. evaluating the applications in order to guarantee. National Environmental Policy Act select the loans that will be granted Administrative Law Requirements guarantees. Finally, Subpart C sets out The Board determined that this some of the Lender’s responsibilities in Executive Order 12866 Program does not constitute a major originating and administering a This final rule has been determined to Federal action significantly affecting the guaranteed loan and the events and be a ‘‘significant regulatory action’’ quality of the human environment, and conditions that could cause the Board to under section 3(f) of Executive Order in accordance with the National terminate the guarantee in whole or in 12866. Environmental Policy Act of 1969, 42 part. U.S.C. § 4321 et seq., Public Law 91–190 The Act directs the Board to act on Administrative Procedure Act (NEPA), an Environmental Impact applications for loan guarantees as soon This rule is exempt from the Statement is not required. Loans sought as possible. In addition, the Board must rulemaking requirements contained in 5 to be guaranteed under the Program will implement the Program within the U.S.C. 553 pursuant to authority be assessed individually to determine appropriated funding provided by the contained in 5 U.S.C. 553(a)(2) as it appropriate compliance with NEPA. Act and, thus, must ensure that it grants involves a matter relating to loans. As Unfunded Mandate Reform Act of 1995 guarantees to the loans that it such, prior notice and an opportunity determines best meet the Program’s for public comment and a delay in This rule contains no Federal evaluation criteria. In view of these and effective date otherwise required under mandates, as that term is defined in the other considerations, the Board has 5 U.S.C. 553 are inapplicable to this Unfunded Mandates Reform Act, on State, local and tribal governments or determined to create an application rule. the private sector. ‘‘window’’ during which applicants List of Subjects in 13 CFR Part 500 must submit their loan guarantee Executive Order 12612 applications. The window will run from Administrative practice and procedures, Freedom of Information, This rule does not contain policies the date these rules are published in the having federalism implications Federal Register until December 30, Loan programs—Natural resources, Reporting and recordkeeping requiring preparation of a Federalism 1999. Assessment. Each application package received by requirements. the Board during this window will be Paperwork Reduction Act Executive Order 12630 screened to confirm that it meets all of The Board will submit to the Office of This rule does not contain policies the Program’s eligibility requirements as Management and Budget, for clearance that have takings implications. set out in the applicable regulations and under the Paperwork Reduction Act, a application forms. Application packages Programs Affected package containing the necessary forms that do not meet the Program’s There is no Catalog of Federal and documentation for participation in eligibility requirements will not be Domestic Assistance listing for the this Program. considered for a loan guarantee. The Emergency Oil and Gas Guaranteed Board will compare the eligible Regulatory Flexibility Act Loan Program. applications on a competitive basis and Because this rule is not subject to a Dated: October 18, 1999. offer guarantees to those applications requirement to provide prior notice and Jonathan Orszag, that it determines best meet the an opportunity for public comment Acting Executive Director, Emergency Oil and Program’s evaluation criteria. As pursuant to 5 U.S.C. 553, or any other Gas Guaranteed Loan Board. discussed in more detail in Subpart C, law, the analytical requirements of the For the reasons set out in the the Program’s evaluation criteria Regulatory Flexibility Act, 5 U.S.C. 601 preamble, 13 CFR Chapter V is include the ability of the Borrower to et seq., are inapplicable. established to read as follows: repay the loan according to its terms, the protection provided by the proposal Congressional Review Act CHAPTER VÐEMERGENCY OIL AND GAS GUARANTEED LOAN BOARD to the Government in the event of This rule has been determined to be default (including sufficiency of a major rule for purposes of the PART 500ÐEMERGENCY OIL AND collateral, lien position, and percentage Congressional Review Act, 5 U.S.C. 801 GAS GUARANTEED LOAN PROGRAM of guarantee requested), and the et seq. The Congressional Review Act adequacy of the Lender’s loan requires that major rules have their Subpart AÐGeneral underwriting analysis. Since the effective date delayed 60 days while 500.1 Purpose. accelerated schedule does not provide Congress has the opportunity to review 500.2 Definitions. time for the Board to negotiate with the rule. While there are certain Subpart BÐBoard Procedures individual applicants and the Board’s exemptions to this delayed effective 500.100 Purpose and scope. selection process will be on a date requirement, the Board has 500.101 Composition of the Board. competitive basis, it is in each determined that none are applicable to 500.102 Authority of the Board. applicant’s best interest to provide, at this rule. 500.103 Offices.

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500.104 Meetings and actions of the Board. (g) Lender means a private banking or the Act, and to take such other actions 500.105 Staff. investment institution that is eligible as necessary to carry out its functions in 500.106 Ex parte communications. pursuant to § 500.201. accordance with the Act. 500.107 Freedom of Information Act. (h) Loan Documents mean the loan 500.108 Restrictions on lobbying. § 500.103 Offices. 500.109 Government-wide debarment and agreement and all other instruments, suspension (nonprocurement). and all documentation between the The principal offices of the Board are 500.110 Amendments. Lender and the Borrower evidencing the in the U.S. Department of Commerce, Washington, D.C. 20230. Subpart CÐOil and Gas Guaranteed Loans making, disbursing, securing, collecting, or otherwise administering of the loan. § 500.104 Meetings and actions of the 500.200 Eligible Borrower. (i) Program means the Emergency Oil 500.201 Eligible Lender. Board. 500.202 Loan amount. and Gas Guaranteed Loan Program (a) Place and frequency. The Board 500.203 Guarantee percentage. established by the Act. meets, on the call of the Chairman, in 500.204 Loan terms. (j) Security means all property, real or order to consider matters requiring 500.205 Application process. personal, required by the provisions of action by the Board. Time and place for 500.206 Environmental requirements. the Guarantee or by the Loan any such meeting shall be determined 500.207 Application evaluation. Documents to secure repayment of any by the members of the Board. 500.208 Issuance of the Guarantee. indebtedness of the Borrower under the 500.209 Funding for the Program. (b) Quorum and voting. Two voting Loan Documents or Guarantee. members of the Board constitute a 500.210 Assignment or transfer of loans. (k) Qualified Oil and Gas Company 500.211 Lender responsibilities. quorum for the transaction of business. 500.212 Liquidation. means any company that: (A) is (i) an All decisions and determinations of the 500.213 Termination of Guarantee. independent oil and gas company Board shall be made by a majority vote 500.214 OMB control number. (within the meaning of section of the voting members. All votes on Authority: Pub. L. 106–51, 113 Stat. 255 57(a)(2)(B)(i) of the Internal Revenue determinations of the Board required by (15 U.S.C. 1841 note). Code of 1986) or; (ii) a small business the Act shall be recorded in the concern under section 3 of the Small minutes. A Board member may request Subpart AÐGeneral Business Act, 15 U.S.C. 632, (or a that any vote be recorded according to company based in Alaska, including an individual Board members. § 500.1 Purpose. Alaska Native Corporation created (c) Agenda of meetings. To the extent This part is issued by the Emergency pursuant to the Alaska Native Claims practicable, an agenda for each meeting Oil and Gas Guaranteed Loan Board Settlement Act, 43 U.S.C. 1601 et seq.) shall be distributed to members of the pursuant to section 552 of title 5 of the that is an oil field service company Board at least two days in advance of United States Code and the Emergency whose main business is providing tools, the date of the meeting, together with Oil and Gas Guaranteed Loan Act, products, personnel, and technical copies of materials relevant to the Chapter 2 of Public Law 106–51. This solutions on a contractual basis to agenda items. part contains rules for making and exploration and production operators (d) Minutes. The Secretary of the servicing loans to qualified oil and gas that drill, complete wells, and produce, Board shall keep minutes of each Board guaranteed by the Board. transport, refine, and sell hydrocarbons meeting and of action taken without a and their byproducts as the main meeting, a draft of which is to be § 500.2 Definitions. commercial business of the concern or distributed to each member of the Board (a) Act means the Emergency Oil and company; and (B) has experienced as soon as practicable after each meeting Gas Guaranteed Loan Program Act, layoffs, production losses, or financial or action. To the extent practicable, the Chapter 2 of Public Law 106–51. losses since January 1997. minutes of a Board meeting shall be (b) Administer, administering and corrected and approved at the next Subpart BÐBoard Procedures administration, mean the Lender’s meeting of the Board. actions in making, disbursing, servicing § 500.100 Purpose and scope. (e) Use of conference call (including, but not limited to care, This subpart describes the Board’s communications equipment. Any preservation and maintenance of authorities and organizational structure, member may participate in a meeting of collateral), collecting and liquidating a the means and rules by which the Board the Board through the use of conference loan and security. takes actions, and procedures for public call, telephone or similar (c) Applicant means the private access to Board records. communications equipment, by means banking or investment institution of which all persons participating in the applying for a loan guarantee under this § 500.101 Composition of the Board. meeting can simultaneously speak to part. The Board consists of the Chairman of and hear each other. Any member so (d) Board means the Emergency Oil the Board of Governors of the Federal participating in a meeting shall be and Gas Guaranteed Loan Board. Reserve System, who acts as Chairman deemed present for all purposes. (e) Borrower means a Qualified Oil of the Board, the Chairman of the Actions taken by the Board at meetings and Gas Company which could receive Securities and Exchange Commission, conducted through the use of such a loan guaranteed by the Board under and the Secretary of Commerce. equipment, including the votes of each this Program. member, shall be recorded in the usual (f) Guarantee means the written § 500.102 Authority of the Board. manner in the minutes of the meetings agreement between the Board and the Pursuant to the provisions of the Act, of the Board. Lender, and approved by the Borrower, the Board is authorized to guarantee (f) Actions between meetings. When, pursuant to which the Board guarantees loans provided to Qualified Oil and Gas in the judgment of the Chairman, repayment of a specified percentage of companies by private banking and circumstances occur making it desirable the principal of the loan, including the investment institutions in accordance for the Board to consider action when it Special Terms and Conditions, the with the procedures, rules, and is not feasible to call a meeting, the General Terms and Conditions, and all regulations established by the Board, to relevant information and exhibits thereto. make the determinations authorized by recommendations for action may be

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Any such action shall be profit interests of the requester or the examining documents, located in recorded in the minutes. person on whose behalf the request is response to a request for access, to (g) Delegations of authority. The made. determine whether any portion of a Board may delegate authority, subject to (3) Direct costs mean those document is exempt information. It such terms and conditions as the Board expenditures that the Board actually includes doing all that is necessary to deems appropriate, to the Executive incurs in searching for, reviewing, and excise the documents and otherwise to Director, the General Counsel, or the duplicating documents in response to a prepare them for release. Review does Secretary of the Board, to take certain request made under paragraph (c) of this not include time spent resolving general actions not required by the Act to be section. Direct costs include, for legal or policy issues regarding the taken by the Board. All delegations shall example, the labor costs of the employee application of exemptions. be made pursuant to resolutions of the performing the work (the basic rate of (10) Search means the process of Board and recorded in writing, whether pay for the employee, plus 16 percent of looking for material that is responsive to in the minutes of a meeting or that rate to cover benefits). Not included a request, including page-by-page or otherwise. Any action taken pursuant to in direct costs are overhead expenses line-by-line identification within delegated authority has the effect of an such as the costs of space and heating documents. Searches may be done action taken by the Board. or lighting of the facility in which the manually or by computer. records are kept. (b) Records available for public § 500.105 Staff. (4) Duplication means the process of inspection and copying.—(1) Types of (a) Executive Director. The Executive making a copy of a document in records made available. The Director of the Board advises and assists response to a request for disclosure of information in this section is furnished the Board in carrying out its records or for inspection of original for the guidance of the public and in responsibilities under the Act, provides records that contain exempt material or compliance with the requirements of the general direction with respect to the that otherwise cannot be inspected Freedom of Information Act, as administration of the Board’s actions, directly. Among others, such copies amended (5 U.S.C. 552) (FOIA). This directs the activities of the staff, and may take the form of paper, microfilm, section sets forth the procedures the performs such other duties as the Board audiovisual materials, or machine- Board follows to make publicly may require. readable documentation (e.g., magnetic available the materials specified in 5 (b) General Counsel. The General tape or disk). U.S.C. 552(a)(2). These materials shall Counsel of the Board provides legal (5) Educational institution means a be made available for inspection and advice relating to the responsibilities of preschool, a public or private copying at the Board’s Freedom of the Board and performs such other elementary or secondary school, or an Information Office pursuant to 5 U.S.C. duties as the Board may require. institution of undergraduate higher 552(a)(2). Information routinely (c) Secretary of the Board. The education, graduate higher education, provided to the public as part of a Secretary of the Board sends notice of professional education, or an institution regular Board activity (for example, all meetings, prepares minutes of all of vocational education that operates a press releases) may be provided to the meetings, maintains a complete record program of scholarly research. public without following this section. of all votes and actions taken by the (6) Noncommercial scientific (2) Reading room procedures. Board, has custody of all records of the institution refers to an institution that is Information available under this section Board and performs such other duties as not operated on a ‘‘commercial’’ basis is available for inspection and copying, the Board may require. (as that term is used in this section) and from 9:00 a.m. to 5:00 p.m. weekdays, which is operated solely for the purpose at the Freedom of Information Office of § 500.106 Ex parte communications. of conducting scientific research, the the Board, Oil and Gas Guarantee Loan Oral or written communication, not results of which are not intended to Board, U.S. Department of Commerce, on the public record, between the promote any particular product or Washington, D.C. 20230. Board, or any member of the Board, and industry. (3) Electronic records. Information any party or parties interested in any (7) News means information about available under this section that was matter pending before the Board current events or that would be of created on or after November 1, 1996, concerning the substance of that matter current interest to the public. Examples shall also be available on the Board’s is prohibited. This section also applies of news media entities include, but are website, found at www.doc.gov. to the Board’s staff and employees of the not limited to, television or radio (c) Records available to the public on constituent agencies who are or stations broadcasting to the public at request.—(1) Types of records made reasonably may be expected to be large, and publishers of newspapers and available. All records of the Board that involved in the decisional process of the other periodicals (but only in those are not available under paragraph (b) of matter pending before the Board. instances when they can qualify as this section shall be made available disseminators of ‘‘news’’) who make upon request, pursuant to the § 500.107 Freedom of Information Act. their products available for purchase or procedures in this section and the (a) Definitions. All terms used in this subscription by the general public. exceptions set forth in the FOIA. The section which are defined in 5 U.S.C. ‘‘Freelance’’ journalists may be regarded Board’s policy is to make discretionary 551 or 5 U.S.C. 552 shall have the same as working for a news organization if disclosures of records or information meaning in this section. In addition the they can demonstrate a solid basis for exempt from disclosure under the FOIA

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(ii) The Secretary of the Board shall of the Board shall consult with another A request for records shall reasonably notify a requester of the determination Federal agency before responding to a describe the records in a way that whether to grant or deny a request for requester if the Board receives a request enables the Board’s staff to identify and expedited processing within ten for a record in which: produce the records with reasonable working days of receipt of the request. (i) Another Federal agency subject to effort and without unduly burdening or If the Secretary of the Board grants the the FOIA has a significant interest, but significantly interfering with any of the request for expedited processing, the not the primary interest; or Board’s operations. The request shall be Board shall process the request for (ii) Another Federal agency not submitted in writing to the Secretary of access to information as soon as subject to the FOIA has the primary the Board, Oil and Gas Guarantee Loan practicable. If the Secretary of the Board interest or a significant interest. Board, U.S. Department of Commerce, denies a request for expedited Ordinarily, the agency that originated a Washington, D.C. 20230; or sent by processing, the requester may file an record will be presumed to have the facsimile to the Secretary of the Board. appeal pursuant to the procedures set primary interest in it. The request shall be clearly marked forth in paragraph (e) of this section, (6) Providing responsive records. (i) A FREEDOM OF INFORMATION ACT and the Board shall respond to the copy of records or portions of records REQUEST. appeal within twenty days after the responsive to the request shall be sent (3) Contents of request. The request appeal was received by the Board. to the requester by regular U.S. mail to shall contain the following information: (3) Time limits. The time for response the address indicated in the request, (i) The name and address of the to requests shall be 20 working days, unless the requester elects to take requester, and the telephone number at except: delivery of the documents at the Board’s which the requester can be reached (i) In the case of expedited treatment Freedom of Information Office or makes during normal business hours; under paragraph (d)(2) of this section; other acceptable arrangements, or the (ii) Whether the requested (ii) Where the running of such time is Secretary of the Board deems it information is intended for commercial suspended for payment of fees pursuant appropriate to send the documents by use, or whether the requester represents to paragraph (f)(2)(ii) of this section; another means. The Secretary of the an educational or noncommercial (iii) Where the estimated charge is Board shall provide a copy of the record scientific institution, or news media; less than $250, and the requester does in any form or format requested if the (iii) A statement agreeing to pay the not guarantee payment pursuant to record is readily reproducible in that applicable fees, or a statement paragraph (f)(2)(i) of this section; or form or format, but the Secretary of the identifying any fee limitation desired, or (iv) In unusual circumstances, as Board need not provide more than one a request for a waiver or reduction of defined in 5 U.S.C. 552(a)(6)(B)(iii), the copy of any record to a requester. fees that satisfies paragraph (f) of this time limit may be extended for a period (ii) The Secretary of the Board shall section. of time not to exceed 10 working days provide any reasonably segregable (d) Processing requests.—(1) Priority as provided by written notice to the portion of a record that is responsive to of responses. The date of receipt for any requester, setting forth the reasons for the request after deleting those portions request, including one that is addressed the extension and the date on which a that are exempt under the FOIA or this incorrectly or that is referred to the determination is expected to be section. Board by another agency, is the date the dispatched; or such alternative time (iii) Except where disclosure is Secretary of the Board actually receives period as mutually agreed to by the expressly prohibited by statute, the request. The Secretary of the Board Secretary of the Board and the requester regulation, or order, the Secretary of the shall normally process requests in the when the Secretary of the Board notifies Board may authorize the release of order they are received. However, in the the requester that the request cannot be records that are exempt from mandatory Secretary of the Board’s discretion, the processed in the specified time limit. disclosure whenever the Board or Board may use two or more processing (4) Response to request. In response to designated Board members determine tracks by distinguishing between simple a request that satisfies paragraph (c) of that there would be no foreseeable harm and more complex requests based on the this paragraph, an appropriate search in such disclosure. number of pages involved, or some shall be conducted of records in the (iv) The Board is not required in other measure of the amount of work custody and control of the Board on the response to the request to create records and/or time needed to process the date of receipt of the request, and a or otherwise to prepare new records. request, and whether the request review made of any responsive (7) Prohibition against disclosure. qualifies for expedited processing as information located. The Secretary of Except as provided in this part, no described in paragraph (d)(2) of this the Board shall notify the requester of: officer, employee, or agent of the Board section. When using multitrack (i) The Secretary of the Board’s shall disclose or permit the disclosure of processing, the Secretary of the Board determination of the request and the any unpublished information of the may provide requesters in the slower reasons therefor; Board to any person (other than Board track(s) with an opportunity to limit the (ii) The information withheld, and the officers, employees, or agents properly scope of their requests in order to basis for withholding; and entitled to such information for the qualify for faster processing. The (iii) The right to appeal any denial or performance of official duties), unless Secretary of the Board shall contact the partial denial, pursuant to paragraph (e) required by law. requester by telephone or by letter, of this section. (e) Appeals. (1) Any person denied whichever is most efficient in each case. (5) Referral to another agency. To the access to Board records requested under (2) Expedited processing. (i) A person extent a request covers documents that paragraph (c) of this section, denied may request expedited access to records were created by, obtained from, expedited processing under paragraph by submitting a statement, certified to classified by, or is in the primary (d) of this section, or denied a waiver of

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The Secretary of the Board shall ACT APPEAL on the first page, and charged to requesters who make a also require full payment in advance shall be addressed to the General commercial use request. Review fees where a requester has previously failed Counsel of the Board, Oil and Gas shall be charged only for the initial to pay a fee in a timely fashion. If an Guaranteed Loan Board, U.S. record review—the review done when advance payment of an estimated fee Department of Commerce, Washington, the Secretary of the Board determines exceeds the actual total fee by $1 or D.C. 20230; or sent by facsimile to the whether an exemption applies to a more, the difference shall be refunded to General Counsel of the Board. The particular record at the initial request the requester. The time period for appeal shall include a copy of the level. No charge will be made for review responding to requests under paragraph original request, the initial denial, if at the administrative appeal level for an (d)(4) of this section, and the processing any, and a statement of the reasons why exemption already applied. However, of the request shall be suspended until the requested records should be made records withheld under an exemption the Secretary of the Board receives the available and why the initial denial was that is subsequently determined not to required payment. in error. apply may be reviewed again to (iii) Late charges. The Secretary of the (2) The General Counsel of the Board determine whether any other exemption Board may assess interest charges when shall make a determination regarding not previously considered applies, and fee payment is not made within 30 days any appeal within 20 working days of the costs of that review are chargeable. of the date on which the billing was actual receipt of the appeal, and the Review fees shall be the direct costs of sent. Assessment of such interest will determination letter shall notify the conducting the review by the involved commence on the 31st day following the appealing party of the right to seek employees. day on which the billing was sent. judicial review in event of denial. (iv) Limitations on charging fees. (A) Interest is at the rate prescribed in 31 (f) Fee schedules; waiver of fees.—(1) No search fee will be charged for U.S.C. 3717. Fee schedule. The fees applicable to a (3) Categories of uses. The fees requests by educational institutions, request for records pursuant to assessed depend upon the fee category. noncommercial scientific institutions, paragraph (c) of this section are set forth In determining which category is or representatives of the news media. in the uniform fee schedule at the end appropriate, the Secretary of the Board (B) No search fee or review fee will be of this paragraph (b). shall look to the identity of the requester charged for a quarter-hour period unless (i) Search. (A) Search fees shall be and the intended use set forth in the more than half of that period is required charged for all requests—other than request for records. Where a requester’s for search or review. requests made by educational description of the use is insufficient to (C) Whenever a total fee calculated institutions, noncommercial scientific make a determination, the Secretary of under this paragraph is $25 or less for institutions, or representatives of the the Board may seek additional any request, no fee will be charged. news media—subject to the limitations clarification before categorizing the of paragraph (f)(1)(iv) of this section. (D) For requesters other than those request. The Secretary of the Board shall charge seeking records for a commercial use, no (i) Commercial use requester. The fees for time spent searching even if no fee will be charged unless the cost of for search, duplication, and review responsive record is located or if the search in excess of two hours plus the apply when records are requested for Secretary of the Board withholds the cost of duplication in excess of 100 commercial use. record(s) located as entirely exempt pages totals more than $25. (ii) Educational, non-commercial from disclosure. Search fees shall be the (2) Payment procedures. All persons scientific institutions, or representatives direct costs of conducting the search by requesting records pursuant to of the news media requesters. The fees the involved employees. paragraph (c) of this section shall pay for duplication apply when records are (B) For computer searches of records, the applicable fees before the Secretary not sought for commercial use, and the requesters will be charged the direct of the Board sends copies of the requester is a representative of the news costs of conducting the search, although requested records, unless a fee waiver media or an educational or certain requesters (as provided in has been granted pursuant to paragraph noncommercial scientific institution, paragraph (f)(3) of this section) will be (f)(6) of this section. Requesters must whose purpose is scholarly or scientific charged no search fee and certain other pay fees by check or money order made research. The first 100 pages of requesters (as provided in paragraph payable to the Treasury of the United duplication, however, will be provided (f)(3)) are entitled to the cost equivalent States. free. of two hours of manual search time (i) Advance notification of fees. If the (iii) All other requesters. For all other without charge. These direct costs estimated charges are likely to exceed requests, the fees for search and include the costs, attributable to the $25, the Secretary of the Board shall duplication apply. The first two hours search, of operating a central processing notify the requester of the estimated of search time and the first 100 pages of unit and operator/programmer salary. amount, unless the requester has duplication, however, will be provided (ii) Duplication. Duplication fees will indicated a willingness to pay fees as free. be charged to all requesters, subject to high as those anticipated. Upon receipt (4) Nonproductive search. Fees for the limitations of paragraph (f)(1)(iv) of of such notice, the requester may confer search may be charged even if no this section. For a paper photocopy of with the Secretary of the Board to responsive documents are found. Fees a record (no more than one copy of reformulate the request to lower the for search and review may be charged which need be supplied), the fee shall costs. The processing of the request even if the request is denied. be 15 cents per page. For copies shall be suspended until the requester (5) Aggregated requests. A requester produced by computer, such as tapes or provides the Secretary of the Board with may not file multiple requests at the printouts, the Secretary of the Board a written guarantee that payment will be same time, solely in order to avoid

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(h) Request for access to confidential together to submit multiple requests (iv) Determination by Secretary of the commercial or financial information.— solely in order to avoid payment of fees, Board. The Secretary of the Board shall (1) Request for confidential commercial the Secretary of the Board may aggregate make a determination on the request for or financial information. A request by a such requests and charge accordingly. It a waiver or reduction of fees and shall submitter for confidential treatment of is considered reasonable for the notify the requester accordingly. A any business information shall be Secretary of the Board to presume that denial may be appealed to the Board in considered in connection with a request multiple requests by one requester on accordance with paragraph (e) of this for access to that information. the same topic made within a 30-day section. (2) Notice to the submitter. (i) The period have been made to avoid fees. (7) Uniform fee schedule. Secretary of the Board shall notify a (6) Waiver or reduction of fees. A submitter who requested confidential request for a waiver or reduction of the Service Rate treatment of information pursuant to 5 U.S.C. 552(b)(4), of the request for fees, and the justification for the waiver, (i) Manual search ...... Actual salary rate of shall be included with the request for access. employee involved, (ii) Absent a request for confidential records to which it pertains. If a waiver plus 16 percent of is requested and the requester has not salary rate. treatment, the Secretary of the Board indicated in writing an agreement to pay (ii) Computerized Actual direct cost, in- may notify a submitter of a request for the applicable fees if the waiver request search. cluding operator access to submitter’s business is denied, the time for response to the time. information if the Secretary of the Board request for documents, as set forth in (iii) Duplication of reasonably believes that disclosure of paragraph (4)(d) of this section, shall not records: the information may cause substantial (A) Paper copy repro- $.15 per page. begin until a determination has been competitive harm to the submitter. duction. (iii) The notice given to the submitter made on the request for a waiver or (B) Other reproduc- Actual direct cost, in- reduction of fees. by mail, return receipt requested, shall tion (e.g., computer cluding operator be given as soon as practicable after (i) Standards for determining waiver disk or printout, time. receipt of the request for access, and or reduction. The Secretary of the Board microfilm, micro- shall describe the request and provide may grant a waiver or reduction of fees fiche, or microform). the submitter seven working days from where it is determined both that (iv) Review of records Actual salary rate of the date of notice, to submit written disclosure of the information is in the (includes prepara- employee con- tion for release, i.e. ducting review, plus objections to disclosure of the public interest because it is likely to excising). 16 percent of sal- information. Such statement shall contribute significantly to public ary rate. specify all grounds for withholding any understanding of the operation or of the information and shall activities of the government, and that (g) Request for confidential treatment demonstrate why the information which the disclosure of information is not of business information.—(1) is considered to be commercial or primarily in the commercial interest of Submission of request. Any submitter of financial information, and that the the requester. In making this information to the Board who desires information is a trade secret, is determination, the following factors confidential treatment of business privileged or confidential, or that its shall be considered: information pursuant to 5 U.S.C. disclosure is likely to cause substantial (A) Whether the subject of the records 552(b)(4) shall file a request for competitive harm to the submitter. If the concerns the operations or activities of confidential treatment with the Board at submitter fails to respond to the notice the government; the time the information is submitted or within the time specified, the submitter (B) Whether disclosure of the a reasonable time after submission. will be considered to have no objection information is likely to contribute (2) Form of request. Each request for to the release of the information. significantly to public understanding of confidential treatment of business Information a submitter provides under government operations or activities; information shall state in reasonable this paragraph may itself be subject to (C) Whether the requester has the detail the facts supporting the disclosure under the FOIA. intention and ability to disseminate the commercial or financial nature of the (3) Exceptions to notice to submitter. information to the public; business information and the legal Notice to the submitter need not be (D) Whether the information is justification under which the business given if: already in the public domain; information should be protected. (i) The Secretary of the Board (E) Whether the requester has a Conclusory statements that release of determines that the request for access commercial interest that would be the information would cause should be denied; furthered by the disclosure; and, if so, competitive harm generally will not be (ii) The requested information (F) Whether the magnitude of the considered sufficient to justify lawfully has been made available to the identified commercial interest of the confidential treatment. public; requester is sufficiently large, in (3) Designation and separation of (iii) Disclosure of the information is comparison with the public interest in confidential material. All information required by law (other than 5 U.S.C. disclosure, that disclosure is primarily considered confidential by a submitter 552); or in the commercial interest of the shall be clearly designated (iv) The submitter’s claim of requester. ‘‘PROPRIETARY’’ or ‘‘BUSINESS confidentiality under 5 U.S.C. 552(b)(4) (ii) Contents of request for waiver. A CONFIDENTIAL’’ in the submission and appears obviously frivolous or has request for a waiver or reduction of fees separated from information for which already been denied by the Secretary of shall include a clear statement of how confidential treatment is not requested. the Board, except that in this last

VerDate 12-OCT-99 17:33 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\27OCR3.XXX pfrm08 PsN: 27OCR3 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57953 instance the Secretary of the Board shall or guarantee a loan shall file with that (3) A change in the officer(s), give the submitter written notice of the agency a statement, set forth in the employee(s), or Member(s) contacted to determination to disclose the application form, whether that person influence or attempt to influence a information at least seven working days has made or has agreed to make any covered Federal action. prior to disclosure. payment to influence or attempt to (4) Notice to requester. At the same influence an officer or employee of any § 500.109 Government-wide debarment and suspension (nonprocurement). time the Secretary of the Board notifies agency, a Member of Congress, an the submitter, the Secretary of the Board officer or employee of Congress, or an (a) Executive Order (E.O.) 12549 also shall notify the requester that the employee of a Member of Congress in provides that, to the extent permitted by request is subject to the provisions of connection with that loan insurance or law, Executive departments and this section. Guarantee. agencies shall participate in a (5) Determination by Secretary of the (c) Each person who requests or governmentwide system for Board. The Secretary of the Board’s receives from an agency a commitment nonprocurement debarment and determination whether or not to providing for the United States to insure suspension. A person who is debarred disclose any information for which or guarantee a loan shall file with that or suspended shall be excluded from confidential treatment has been agency a Standard Form-LLL if that Federal financial and nonfinancial requested pursuant to this section shall person has made or has agreed to make assistance and benefits under Federal be communicated to the submitter and any payment to influence or attempt to programs and activities. Debarment or the requester immediately. If the influence an officer or employee of any suspension of a participant in a program Secretary of the Board determines to agency, a Member of Congress, an by one agency shall have disclose the business information over officer or employee of Congress, or an governmentwide effect. The Board shall the objection of a submitter, the employee of a Member of Congress in review the List of Debarred entities prior Secretary of the Board shall give the connection with that loan insurance or to making final loan Guarantee submitter written notice via mail, return Guarantee. decisions. Suspension or debarment receipt requested, or similar means, (d) Each person shall file a may be a basis for denying a loan which shall include: certification, contained in the Guarantee. (i) A statement of reason(s) why the application form, and a disclosure form (b) This section applies to all persons submitter’s objections to disclosure (Standard Form-LLL), if required, with who have participated, are currently were not sustained; each submission that initiates agency participating or may reasonably be (ii) A description of the business consideration of such person for: expected to participate in transactions information to be disclosed; and (1) Award of a Federal contract, grant, under Federal nonprocurement (iii) A statement that the component or cooperative agreement exceeding programs. For purposes of this section intends to disclose the information $100,000; or such transactions will be referred to as seven working days from the date the (2) An award of a Federal loan or a ‘‘covered transactions’’. submitter receives the notice. commitment providing for the United (1) Covered transaction. For purposes (6) Notice of lawsuit. The Secretary of States to insure or guarantee a loan of this section, a covered transaction is the Board shall promptly notify any exceeding $150,000. a primary covered transaction or a lower submitter of information covered by this (e) Each person shall file a tier covered transaction. Covered section of the filing of any suit against certification, and a disclosure form, if transactions at any tier need not involve the Board to compel disclosure of such required, upon receipt by such person the transfer of Federal funds. information, and shall promptly notify a of: (i) Primary covered transaction. requester of any suit filed against the (1) A Federal contract, grant, or Except as noted in paragraph (b)(2) of Board to enjoin the disclosure of cooperative agreement exceeding this section, a primary covered requested documents. $100,000; or (2) A Federal loan or a commitment transaction is any nonprocurement § 500.108 Restrictions on lobbying. providing for the United States to insure transaction between an agency and a (a) No funds received through a loan or Guarantee a loan exceeding $150,000, person, regardless of type, including: guaranteed under this Program may be unless such person previously filed a grants, cooperative agreements, expended by the recipient of a Federal certification, and a disclosure form, if scholarships, fellowships, contracts of contract, grant, loan, loan Guarantee, or required, under paragraph (c) of this assistance, loans, loan Guarantees, cooperative agreement to pay any section. subsidies, insurance, payments for person for influencing or attempting to (f) Each person shall file a disclosure specified use, donation agreements and influence an officer or employee of any form at the end of each calendar quarter any other nonprocurement transactions agency, a Member of Congress, an in which there occurs any event that between a Federal agency and a person. officer or employee of Congress, or an requires disclosure or that materially (ii) Lower tier covered transaction. A employee of a Member of Congress in affects the accuracy of the information lower tier covered transaction is: connection with any of the following contained in any disclosure form (A) Any transaction between a covered Federal actions: the awarding of previously filed by such person under participant and a person other than a any Federal contract, the making of any paragraphs (d) or (e) of this section. An procurement contract for goods or Federal grant, the making of any Federal event that materially affects the services, regardless of type, under a loan or loan Guarantee, the entering into accuracy of the information reported primary covered transaction; of any cooperative agreement, and the includes: (B) Any procurement contract for extension, continuation, renewal, (1) A cumulative increase of $25,000 goods or services between a participant amendment, or modification of any or more in the amount paid or expected and a person, regardless of type, Federal contract, grant, loan, loan to be paid for influencing or attempting expected to equal or exceed the Federal Guarantee, or cooperative agreement. to influence a covered Federal action; or procurement small purchase threshold (b) Each person who requests or (2) A change in the person(s) or fixed at 10 U.S.C. 2304(g) and 41 U.S.C. receives from an agency a commitment individual(s) influencing or attempting 253(g) (currently $100,000) under a providing for the United States to insure to influence a covered Federal action; or primary covered transaction;

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(C) Any procurement contract for debarment under 48 CFR part 9, subpart (i) Notwithstanding the debarment, goods or services between a participant 9.4, debarred or suspended shall be suspension, proposed debarment under and a person under a covered excluded from participating as either 48 CFR part 9, subpart 9.4, transaction, regardless of amount, under participants or principals in all lower determination of ineligibility, or which that person will have a critical tier covered transactions (see paragraph voluntary exclusion of any person by an influence on or substantive control over (b)(1)(ii) of this section) for the period agency, agencies and participants may that covered transaction. Such persons of their exclusion. continue covered transactions in may include loan officers or chief (e) Exceptions. Debarment or existence at the time the person was executive officers acting as principal suspension does not affect a person’s debarred, suspended, proposed for investigators and providers of federally- eligibility for— debarment under 48 CFR part 9, subpart required audit services. (1) Statutory entitlements or 9.4, declared ineligible, or voluntarily (2) Exceptions. The following mandatory awards (but not subtier excluded. A decision as to the type of transactions are not covered: awards thereunder which are not termination action, if any, to be taken (i) Statutory entitlements or themselves mandatory), including should be made only after thorough mandatory awards (but not subtier deposited funds insured by the Federal review to ensure the propriety of the awards thereunder which are not Government; proposed action. themselves mandatory), including (2) Direct awards to foreign (j) Agencies and participants shall not deposited funds insured by the Federal governments or public international renew or extend covered transactions Government; organizations, or transactions with (other than no-cost time extensions) (ii) Direct awards to foreign foreign governments or foreign with any person who is debarred, governments or public international governmental entities, public suspended, proposed for debarment organizations, or transactions with international organizations, foreign under 48 CFR part 9, subpart 9.4, foreign governments or foreign government owned (in whole or in part) ineligible or voluntary excluded, except governmental entities, public or controlled entities, and entities as provided in paragraph (h) of this international organizations, foreign consisting wholly or partially of foreign section. government owned (in whole or in part) governments or foreign governmental (k) Except as permitted paragraphs (h) or controlled entities, entities consisting entities; or (i) of this section, a participant shall wholly or partially of foreign (3) Benefits to an individual as a not knowingly do business under a governments or foreign governmental personal entitlement without regard to covered transaction with a person who entities; the individual’s present responsibility is— (iii) Benefits to an individual as a (but benefits received in an individual’s (1) Debarred or suspended; personal entitlement without regard to business capacity are not excepted); (2) Proposed for debarment under 48 the individual’s present responsibility (4) Federal employment; CFR part 9, subpart 9.4; or (but benefits received in an individual’s (5) Transactions pursuant to national (3) Ineligible for or voluntarily business capacity are not excepted); or agency-recognized emergencies or excluded from the covered transaction. (iv) Federal employment; (l) Violation of the restriction under (v) Transactions pursuant to national disasters; (6) Incidental benefits derived from paragraph (k) of this section may result or agency-recognized emergencies or in disallowance of costs, annulment or disasters; ordinary governmental operations; and (7) Other transactions where the termination of award, issuance of a stop (vi) Incidental benefits derived from work order, debarment or suspension, or ordinary governmental operations; and application of this section would be prohibited by law. other remedies as appropriate. (vii) Other transactions where the (m) A participant may rely upon the application of this section would be (f) Persons who are ineligible are excluded in accordance with the certification of a prospective participant prohibited by law. in a lower tier covered transaction that (3) Board covered transactions. This applicable statutory, executive order, or it and its principals are not debarred, section applies to the Board’s loan regulatory authority. suspended, proposed for debarment Guarantees, subcontracts and (g) Persons who accept voluntary under 48 CFR part 9, subpart 9.4, transactions at any tier that are charges exclusions are excluded in accordance ineligible, or voluntarily excluded from as direct or indirect costs, regardless of with the terms of their settlements. The the covered transaction, unless it knows type. Board shall, and participants may, (c) Primary covered transactions. contact the original action agency to that the certification is erroneous. An Except to the extent prohibited by law, ascertain the extent of the exclusion. agency has the burden of proof that a persons who are debarred or suspended (h) The Board may grant an exception participant did knowingly do business shall be excluded from primary covered permitting a debarred, suspended, or with a person that filed an erroneous transactions as either participants or voluntarily excluded person, or a person certification. principals throughout the Executive proposed for debarment under 48 CFR § 500.110 Amendments. Branch of the Federal Government for part 9, subpart 9.4, to participate in a The Board’s rules in this chapter may the period of their debarment, particular covered transaction upon a be adopted or amended, or new rules suspension, or the period they are written determination by the agency may be adopted, only by majority vote proposed for debarment under 48 CFR head or an authorized designee stating of the Board. Authority to adopt or part 9, subpart 9.4. Accordingly, no the reason(s) for deviating from the amend these rules may not be delegated. agency shall enter into primary covered Presidential policy established by transactions with such excluded Executive Order 12549. However, in Subpart CÐOil and Gas Guaranteed persons during such period, except as accordance with the President’s stated Loans permitted pursuant to paragraph (l) of intention in the Executive Order, this section. exceptions shall be granted only § 500.200 Eligible Borrower. (d) Lower tier covered transactions. infrequently. Exceptions shall be (a) An eligible Borrower must be a Except to the extent prohibited by law, reported in accordance with the Qualified Oil and Gas Company that can persons who have been proposed for Executive Order. demonstrate:

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(1) Credit is not otherwise available to (2) Whether the Lender possesses the (ii) A fully perfected and enforceable it under reasonable terms or conditions ability to administer the loan, as security interest and/or lien in all other sufficient to meet its financing needs, as required by § 500.211(b), including its property of the Borrower, including reflected in the financial and business experience with loans to oil and gas accessions, replacements and proceeds plans of the company; companies; thereof, or which may be given by a (2) The prospective earning power of (3) The scope, volume and duration of third-party as Security for the loan, the that company, together with the the Lender’s activity in administering priority of which shall be on the same character and value of the security loans; and equal status with the highest pledged, furnish reasonable assurance of (4) The performance of the Lender’s voluntarily granted or acquired security repayment of the loan to be guaranteed loan portfolio, including its current interest or lien then existing therein; in accordance with its terms; delinquency rate; (3) The entire loan will be secured by (3) The company has agreed to permit (5) The Lender’s loss rate as a the same Security with equal lien audits by the General Accounting Office percentage of loan amounts for its priority for the guaranteed and the and an independent auditor acceptable current fiscal year; and unguaranteed portions of the loan. The to the Board prior to the issuance of the (6) Any other matter the Board deems unguaranteed portion of the loan will guarantee and while any such material to its assessment of the Lender. neither be paid first nor given any guaranteed loan is outstanding; and (c) In the case of the refinancing of an preference over the guaranteed portion. (4) It has experienced layoffs, existing credit, the applicant must be a (4) An Applicant’s compliance with production losses, or financial losses different lender than the holder of the paragraph (c)(2) of this section does not between January 1, 1997, and the date existing credit. assure a finding of reasonable assurance of application for the Guarantee, § 500.202 Loan amount. of repayment, or assure the Board’s demonstrated as a comparison between Guarantee of the loan. The aggregate amount of loan employment, production, or net income (d) An eligible Lender may assess and principal guaranteed under this Program existing on January 1, 1997 and on the collect from the Borrower such other to a single Qualified Oil and Gas date of application. fees and costs associated with the (b) The Lender must provide with its Company may not exceed $10 million. application and origination of the loan application a letter from at least one § 500.203 Guarantee percentage. as are reasonable and customary, taking lending institution other than the into consideration the amount and Lender to which the Borrower has A guarantee issued by the Board may complexity of the credit. The Board may applied for financial assistance, since not exceed 85 percent of the amount of take such other fees and costs into January 1, 1997, indicating that the the principal of a loan to a Qualified Oil consideration when determining Borrower was denied for substantially and Gas Company. whether to offer a Guarantee to the the same loan they are now applying § 500.204 Loan terms. Lender. for, and the reasons the Borrower was (a) All loans guaranteed under the unable to obtain the financing for which § 500.205 Application process. Program shall be due and payable in full it applied. In addition, the Lender no later than December 31, 2010. (a) Application deadline. An original applying for a guarantee under this (b) Loans guaranteed under the application and three copies must be Program must certify that it would not Program must bear a rate of interest received by the Board no later than 8 make the loan without the Board’s determined by the Board to be p.m. EST, December 30, 1999 in U.S. guarantee. reasonable. The reasonableness of an Department of Commerce, Washington § 500.201 Eligible Lender. interest rate will be determined with D.C. 20230. Applications which have (a) A lender eligible to apply to the respect to current average yields on been provided to a delivery service on Board for a Guarantee of a loan must be: outstanding obligations of the United or before December 29, 1999, with (1) A banking institution, such as a States with remaining periods of ‘‘delivery guaranteed’’ before 8 p.m. on commercial bank or trust company, maturity comparable to the term of the December 30, 1999, will be accepted for subject to regulation by the Federal loan sought to be guaranteed. The Board review if the Applicant can document banking agencies enumerated in 12 may reject an application to guarantee a that the application was provided to the U.S.C. § 1813; or loan if it determines the interest rate of delivery service with delivery to the (2) An investment institution, such as such loan to be unreasonable. address listed above guaranteed prior to an investment bank, commercial finance (c)(1) The performance of all of the the closing date and time. A postmark company, or insurance company, that is Borrower’s obligations under the Loan of December 30, 1999, is not sufficient currently engaged in commercial Documents shall be secured by, and to meet this deadline as the application lending in the normal course of its shall have the priority in, such Security must be received by the required date business. as provided for within the terms and and time. Applications will not be (b) Status as a Lender under conditions of the Guarantee. accepted via facsimile machine paragraph (a) of this section does not (2) Without limiting the Lender’s and transmission or electronic mail. assure that the Board will issue the Borrower’s obligations under paragraph (b) Applications shall contain the Guarantee sought, or otherwise preclude (c)(1) of this section, at a minimum, the following: the Board from declining to issue a loan shall be secured by— (1) A completed Form, ‘‘Application Guarantee. In addition to evaluating an (i) A fully perfected and enforceable for Oil and Gas Guarantee Loan’’; application pursuant to § 500.207, in security interest and/or lien, with first (2) The information required for the making a determination to issue a priority over conflicting security completion of Form ‘‘Environmental Guarantee to a Lender, the Board will interests or other liens in all property, Assessment and Compliance Findings assess: both real and personal, tangible or for Related Environmental Laws’’ and (1) The Lender’s level of regulatory intangible, including accessions, attachments, as required by capital, in the case of banking replacements and proceeds thereof, § 500.206(a)(2)(i)(D), unless the project institutions, or net worth, in the case of which are acquired, improved, or is categorically excluded under investment institutions; derived from the loan funds; and § 500.206(b);

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(3) All Loan Documents that will be (10) Documentation that credit is not (D) The information required for the signed by the Lender and the Borrower, otherwise available to the borrower completion of Form ‘‘Environmental if the application is approved, including under reasonable terms or conditions Assessment and Compliance Findings all terms and conditions of, and sufficient to meet its financial needs, as for Related Environmental Laws;’’ and Security or additional Security to assure reflected in the financial or business (E) Any other information that can be the Borrower’s performance under, the plan of that company. The Lender must used by the Board to ensure compliance loan; provide with its application those items with environmental laws. (4) Certification by the chairman of required by § 500.200(b); (ii) All information supplied by the the board and the chief executive officer (11) Documentation sufficient to Lender is subject to verification by the of the Borrower acknowledging that the demonstrate that the Lender is eligible Board. Borrower is aware that the Lender is under § 500.201(a) and to allow the (b) Categorical exclusions from applying to the Board for a Guarantee of Board to make a determination to issue National Environmental Policy Act a loan under the Program, as described a Guarantee to such Lender as set forth (NEPA) reviews. The actions described in the Loan Documents, and agreeing to in § 500.201(b); and in this paragraph have been determined permit audits by the General (12) A report as to the Borrower’s not to have a significant impact on the Accounting Office, its designee, an designation of the nature and value of quality of the human environment, independent auditor acceptable to the project reserves from an independent either individually or cumulatively. Board prior to the issuance of the petroleum engineer acceptable to the They are categorically excluded from Guarantee and annually thereafter while Board. the need to prepare an environmental (c) No Guarantee will be made if such guarantee is outstanding; assessment or impact statement under either the Borrower or Lender has an (5) The Lender’s full written NEPA. It must be emphasized that even outstanding, delinquent Federal debt underwriting analysis of the loan to be though these actions are excluded from until: guaranteed by the Board; further environmental reviews under (1) The delinquent account has been (6) A certification that the Lender has NEPA, they are not excluded from paid in full; followed the same loan underwriting compliance with other applicable local, analysis with the loan to be guaranteed (2) A negotiated repayment schedule is established and at least one payment State, or Federal environmental laws. as it would follow for a loan not (1) Projects that solely involve the guaranteed by the Government; and a has been received; or (3) Other arrangements, satisfactory to acquisition, construction, certification by the Lender, that the the agency responsible for collecting the reconstruction, renovation, or loan, Lender, and Borrower meet each of debt, are made. installation of facilities, structures or the requirements of the Program as set businesses, for replacement or forth in the Act and the Board’s rules in § 500.206 Environmental requirements. restoration purposes, with minimal this part; (a)(1) General. Environmental change in use, size, capacity, purpose or (7) A description of all Security for assessments of the Board’s actions will location from the original facility (e.g., the loan, including, as applicable, be conducted in accordance with replacement in-kind of utilities such as current appraisal of real and personal applicable statutes, regulations, and water or sewer lines and appurtenances, property, copies of any appropriate Executive Orders. Therefore, except as reconstruction of curbs and sidewalks, environmental site assessments, and provided in paragraph (b) of this street repaving, and building current personal and corporate financial section, and subject to paragraph (c) of modifications, renovations, and statements of any guarantors for the this section, each application for a improvements); same periods as required for the Guarantee under the Program must be (2) Project management actions Borrower. Appraisals of real property accompanied by information necessary relating to invitation for bids, contract shall be prepared by State licensed or for the Board to meet the requirements award, and the actual physical certified appraisers, and be consistent of applicable law. commencement of construction with the ‘‘Uniform Standards of (2) Environmental information activities; Professional Appraisal Practice,’’ required from the Lender. (i) (3) Projects that solely involve the promulgated by the Appraisal Standards Environmental data or documentation purchase and installation of office Board of the Appraisal Foundation. concerning the use of the proceeds of equipment, public safety equipment, or Financial statements of guarantors shall any loan guaranteed under this Program motor vehicles; be prepared by independent Certified must be provided by the Lender to the (4) Projects that solely involve the Public Accountants; Board to assist the Board in meeting its acquisition of working capital; and (8) Consolidated financial statements legal responsibilities. The Lender may of the Borrower for the previous three (5) Projects that solely involve a obtain this information from the combination of activities under years that have been audited by an Borrower. Such information includes: independent certified public paragraphs (B)(1) through (4) of this (A) Documentation for an section. accountant, including any associated environmental threshold review from (c) Actions listed in paragraph (b) that notes, as well as any interim financial qualified data sources, such as a otherwise are categorically excluded statements and associated notes for the Federal, State or local agency with from NEPA review are not necessarily current fiscal year; expertise and experience in excluded from review if they would be (9) A five year history and five year environmental protection, or other located within, or in other cases, projection for revenue, cash flow, sources, qualified to provide reliable potentially affect: average realized prices and average environmental information; realized production costs. If the loan (B) Any previously prepared (1) A floodplain; funds are to be used to purchase environmental reports or data relevant (2) A wetland; substantial assets of an existing firm, a to the loan at issue; (3) Important farmlands, or prime pro forma balance sheet at startup, and (C) Any environmental review forestlands or rangelands; five years projected year end balance prepared by Federal, State, or local (4) A listed species or critical habitat sheets and income statement at start-up; agencies relevant to the loan at issue; for an endangered species;

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(5) A property that is listed on or may standard of care set forth in of the Guarantees under the Program be eligible for listing on the National § 500.211(b). and operate the Program accordingly. Register of Historic Places; (c) Decisions by the Board. Upon (6) An area within an approved State completion of the evaluation of the § 500.210 Assignment or transfer of loans. coastal zone management Program; application and as soon as possible after (a) Neither the Loan Documents nor (7) A coastal barrier or a portion of a the due date, the Board will approve or the Guarantee of the Board, or any barrier within the Coastal Barrier deny all eligible applications timely interest therein, may be modified, Resources System; received under this Program. The Board assigned, conveyed, sold or otherwise (8) A river or portion of a river shall notify all Applicants in writing of transferred by the Lender, in whole or included in, or designated for, potential the approval or denial of the Guarantee in part, without the prior written addition to the Wild and Scenic Rivers applications as soon as possible. approval of the Board. System; Approvals for loan Guarantees shall be (b) Under no circumstances will the (9) A sole source aquifer recharge conditioned upon compliance with Board permit an assignment or transfer area; § 500.208. of less than 100 percent of the Loan (10) A State water quality standard Documents and Guarantee, nor will it (including designated and/or existing § 500.208 Issuance of the Guarantee. permit an assignment or transfer to be beneficial uses and anti-degradation (a) The Board’s decisions to approve made to an entity which the Board requirements); or any application for, and extend an offer determines not to be an Eligible Lender (11) Federal lands. of, guarantee under § 500.207 is pursuant to § 500.201. (d) The regulations of the Council on conditioned upon: (c) The proscription under paragraph Environmental Quality implementing (1) The Lender and Borrower (a) of this section shall not apply to: NEPA require the Board to provide obtaining any required regulatory or (1) Transfers which occur by public notice of the availability of judicial approvals; operation of law, unless a primary project specific environmental (2) The Lender and Borrower being purpose of the transaction leading to documents such as environmental legally authorized to enter into the loan such a transfer was to assign, convey or impact statements, environmental under the terms and conditions sell the loan note or Guarantee without assessments, findings of no significant submitted to the Board in the the necessity of securing the Board’s impact, records of decision etc., to the application; prior written approval; or affected public. See 40 CFR 1506.6(b). (3) The Board’s receipt of the Loan (2) An action or agreement by the Environmental information concerning Documents, Guarantee, and any related Lender which has the effect of specific projects can be obtained from instruments, properly executed by the distributing the risks of the credit the Board by contacting: Executive Lender, Borrower, and any other among other Lenders if: Director, Emergency Oil and Gas required party other than the Board; and (i) Neither the loan note nor the Guaranteed Loan Board, U.S. (4) No material adverse change in the Guarantee is assigned, conveyed, sold, Department of Commerce, Washington, Borrower’s ability to repay the loan or transferred in whole or in part; DC 20230. between the date of the Board’s (ii) Both the unguaranteed and approval and the date the Guarantee is guaranteed portions of the loan are § 500.207 Application evaluation. to be issued. treated in the same manner; (a) Eligibility screening. Applications (b) The Board may withdraw its (iii) The Lender remains solely will be reviewed to determine whether approval of an application and rescind responsible for the administration of the the Lender and Borrower are eligible, its offer of Guarantee if the Board loan; and the information required under determines that the Lender or the (iv) The Board’s ability to assert any § 500.205(b) is complete, and the Borrower cannot, or is unwilling to, and all defenses available to it under the proposed loan complies with applicable provide adequate documentation and Guarantee and the law is not adversely statutes and regulations. The Board can proof of compliance with paragraph (a) affected. at any time reject an application that of this section within the time provided does not meet these requirements. for in the offer. § 500.211 Lender responsibilities. (b) Evaluation criteria. Applications (c) Only after receipt of all the (a) General. Lender shall comply with that are determined to be eligible documentation, required by this section, all provisions of the Guarantee. pursuant to paragraph (a) of this section will the Board sign and deliver the (b) Standard of care. The Lender shall shall be subject to a substantive review, Guarantee. exercise due care and diligence in on a competitive basis, by the Board (d) A Borrower receiving a loan administering the loan as would be based upon the following evaluation guaranteed by the Board under this exercised by a responsible and prudent factors, in order of importance: Program shall pay a one-time guarantee banking institution when administering (1) The ability of the Borrower to fee of 0.5 percent of the amount of the a secured loan of such banking repay the loan by the date specified in principal of the loan. This fee must be institution’s own funds without a the Loan Document, which shall be no paid no later than one year from the Federal guaranty. Such standard shall later than December 31, 2010; issuance of the Guarantee. also apply to any and all approvals, (2) The adequacy of the proposed determinations, permissions, provisions to protect the Government, § 500.209 Funding for the Program. acceptances, requirements, or opinion including sufficiency of Security, the The Act provides funding for the costs made, given, imposed or reached by priority of the lien position in the incurred by the Government as a result Lender. Security, and the percentage of of granting Guarantees under the (c) Representation to the Board. In Guarantee requested; and Program. While pursuing the goals of addition to any other representations (3) Adequacy of the underwriting the Act, it is the intent of the Board to required by the Guarantee, the Lender analysis performed by the Lender in minimize the cost of the Program to the shall represent to the Board that it has preparing the application and the ability Government. The Board will estimate the ability to, and will, administer the of the Lender to administer the loan in the risk posed by the guaranteed loans loan, as well as to exercise the Lender’s full compliance with the requisite to the funds appropriated for the costs rights and pursue its remedies,

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DEPARTMENT OF EDUCATION authority to charge borrowers reduced by July 30, 1999 and several comments interest rates to encourage on-time loan were received. An analysis of the 34 CFR Part 685 repayment. Before publishing final comments received on the proposed regulations on repayment incentives, regulations for all of the provisions in RIN 1845±AA10 the Secretary met certain reporting the NPRM except § 685.211 was William D. Ford Federal Direct Loan procedures in section 455(b)(7) of the included in the preamble to the final Program HEA. This final regulation is the same regulations the Secretary published on as the proposed amendment to August 24, 1999. An analysis of the AGENCY: Department of Education. § 685.211 published in the NPRM. comments received on the proposed ACTION: Final regulations. Implementation Date of These changes to § 685.211 follows. Regulations Generally, we do not address SUMMARY: The Secretary amends the technical and other minor changes—and regulations governing the William D. Section 482(c) of the HEA requires suggested changes the law does not Ford Federal Direct Loan (Direct Loan) that regulations affecting programs authorize the Secretary to make. Program. The amendment is a result of under Title IV of the HEA be published a recently enacted change made to the in final form by November 1 prior to the Repayment Incentives (§ 685.211(b)) Higher Education Act of 1965, as start of the award year in which they Comments: A number of commenters amended (HEA) by the Higher apply. However, that section also representing individual schools and Education Amendments of 1998 (1998 permits the Secretary to designate any associations of schools supported the Amendments). These final regulations regulation as one that an entity subject proposed rule that would reflect the reflect the Secretary’s authority to to the regulation may choose to Secretary’s authority to charge reduced charge reduced interest rates on Direct implement earlier. If the Secretary interest rates to encourage on-time loan Loan Program loans to encourage on- designates a regulation for early repayment. The commenters endorsed time loan repayment. implementation, he may specify when the proposed regulation as a means of DATES: Effective Date: These regulations and under what conditions the entity reducing costs to Direct Loan Program are effective July 1, 2000. may implement it. Under this authority, borrowers in a way that previously had Implementation Date: The Secretary the Secretary has designated the been available only to Federal Family has determined, in accordance with following regulations for early Education Loan (FFEL) Program section 482(c)(2)(A) of the HEA (20 implementation: borrowers. U.S.C. 1089(c)(2)(A)), that Direct Loan § 685.211(b)—On or after November 1, 1999, these regulations may be Discussion: We appreciate the support Program borrowers may, at their expressed by the commmenters for the discretion, choose to implement the implemented by Direct Loan Program borrowers at their discretion. This proposed change to § 685.211(b). provisions of § 685.211(b) on or after As the first step in implementing this November 1, 1999. For further means that Direct Loan Program borrowers may receive a reduced regulation, the Secretary will reduce the information see ‘‘Implementation Date interest rate charged on Direct Loan of These Regulations’’ under the interest rate by choosing to repay their loans under a system or on a schedule Program loans for borrowers repaying by SUPPLEMENTARY INFORMATION section of means of automated account debiting. this preamble. that meets requirements specified by the Secretary. Beginning on November 1, 1999, FOR FURTHER INFORMATION CONTACT: Ms. borrowers repaying their Direct Loan Nicki Meoli, U.S. Department of Analysis of Comments and Changes Program loans via automated debiting of Education, 400 Maryland Avenue, SW., The regulations in this document their personal checking, savings, or ROB–3, Room 3045, Washington, DC were developed through the use of other type of account at a financial 20202–5346. Telephone: (202) 708– negotiated rulemaking. Section 492 of institution will receive a .25 percent 8242. If you use a telecommunications the HEA requires that, before publishing reduction in the interest being charged device for the deaf (TDD), you may call any proposed regulations to implement on their loans. the Federal Information Relay Service programs under Title IV of the HEA, the Change: None. (FIRS) at 1–800–877–8339. Secretary obtain public involvement in Executive Order 12866 Individuals with disabilities may the development of the proposed obtain this document in an alternative regulations. After obtaining advice and We have reviewed these final format (e.g., Braille, large print, recommendations, the Secretary must regulations in accordance with audiotape, or computer diskette) on conduct a negotiated rulemaking Executive Order 12866. Under the terms request to the contact person listed in process to develop the proposed of this order, we have assessed the the preceding paragraph. regulations. All proposed regulations potential costs and benefits of this SUPPLEMENTARY INFORMATION: must conform to agreements resulting regulatory action. These regulations address a change from the negotiated rulemaking process The potential costs associated with made to the HEA by the 1998 unless the Secretary reopens that the final regulations are those resulting Amendments (Pub. L. 105–244) that process or explains any departure from from statutory requirements and those affects the Direct Loan Program. On June the agreements to the negotiated we have determined as necessary for 16, 1999, the Secretary published a rulemaking participants. administering this program effectively notice of proposed rulemaking (NPRM) These regulations were published in and efficiently. for the Direct Loan Program in the proposed form on , 1999 in In assessing the potential costs and Federal Register (64 FR 32358). On conformance with the consensus of the benefits—both quantitative and August 24, 1999, the Secretary negotiated rulemaking committee. qualitative—of these final regulations, published final regulations in the Under the committee’s protocols, we have determined that the benefits of Federal Register (64 FR 46252) for all of consensus meant that no member of the the regulations would justify the costs. the proposed amendments in the NPRM committee dissented from the agreed- We have also determined that this except for the amendment to § 685.211 upon language. The Secretary invited regulatory action would not unduly that would reflect the Secretary’s comments on the proposed regulations interfere with State, local, and tribal

VerDate 12-OCT-99 12:30 Oct 26, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\A27OC0.042 pfrm08 PsN: 27OCR4 Federal Register / Vol. 64, No. 207 / Wednesday, October 27, 1999 / Rules and Regulations 57961 governments in the exercise of their http://ifap.ed.gov/csblhtml/ PART 685ÐWILLIAM D. FORD governmental functions. fedlreg.htm FEDERAL DIRECT LOAN PROGRAM We summarized the potential costs To use the PDF you must have the and benefits of these final regulations in Adobe Acrobat Reader Program with 1. The authority citation for part 685 the preamble to the NPRM on June 16, Search, which is available free at the continues to read as follows: 1999 (64 FR 32360). first of the previous sites. If you have Authority: 20 U.S.C. 1087 et seq., unless questions about using the PDF, call the otherwise noted. Paperwork Reduction Act of 1995 U.S. Government Printing Office (GPO) These regulations do not contain any toll free, at 1–888–293–6498; or in the 2. Section 685.211 is amended by information collection requirements. Washington, D.C., area at (202) 512– redesignating paragraphs (b), (c), (d), 1530. Assessment of Educational Impact and (e) as paragraphs (c), (d), (e), and (f), Note: The official version of this document respectively; by adding a new paragraph In the NPRM, we requested comments is the document published in the Federal (b); by removing the reference to Register. Free Internet access to the official on whether the proposed regulations ‘‘(d)(1)’’ in the first sentence of newly would require transmission of edition of the Federal Register and the Code of Federal Regulations is available on GPO redesignated paragraph (e)(2), and by information that any other agency or Access at: adding, in its place, ‘‘(e)(1)’’; and by authority of the United States gathers or http://www.access.gpo.gov/nara/ removing the reference to ‘‘(d)(2)’’ in makes available. index.html newly redesignated paragraph (e)(3), Based on the response to the NPRM (Catalog of Federal Domestic Assistance and by adding, in its place, ‘‘(e)(2)’’ to and on our review, we have determined Number: 84.268 William D. Ford Federal read as follows: that these final regulations do not Direct Loan Program.) require transmission of information that § 685.211 Miscellaneous repayment any other agency or authority of the List of Subjects in 34 CFR Part 685 provisions. United States gathers or makes Administrative practice and * * * * * available. procedure, Colleges and universities, Education, Loan programs-education, (b) Repayment incentives. To Electronic Access to This Document Student aid, Vocational education. encourage on-time repayment, the You may view this document in text Secretary may reduce the interest rate Dated: October 15, 1999. for a borrower who repays a loan under or Adobe Portable Document Format Richard W. Riley, (PDF) on the Internet at the following a system or on a schedule that meets Secretary of Education. requirements specified by the Secretary. sites: For the reasons discussed in the http://ocfo.ed.gov/fedreg.htm preamble, the Secretary amends title 34 * * * * * http://www.ed.gov/legislation/HEA/ of the Code of Federal Regulations by [FR Doc. 99–27719 Filed 10–26–99; 8:45 am] rulemaking/ amending Part 685 as follows: BILLING CODE 4000±01±U

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DEPARTMENT OF DEFENSE U.S.C. 637(d) and those contractors Dated: October 20, 1999. participating in the test program for Edward C. Loeb, GENERAL SERVICES comprehensive small business Director, Federal Acquisition Policy Division. subcontracting plans established by ADMINISTRATION Therefore, DoD, GSA, and NASA Section 854 of Pub. L. 101–189. Section propose that 48 CFR parts 26 and 52 be 8024 of the DoD Appropriations Act for NATIONAL AERONAUTICS AND amended as set forth below: SPACE ADMINISTRATION Fiscal Year 1999 (Pub. L. 105–262) eliminated the link between a DoD 1. The authority citation for 48 CFR parts 26 and 52 continues to read as 48 CFR Parts 26 and 52 contractor’s subcontracting plan requirement and the contractor’s follows: [FAR Case 99±301] eligibility for participation in the Indian Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). RIN 9000±AI52 Incentive Program. This change now allows DoD to make incentive payments PART 26ÐOTHER SOCIOECONOMIC Federal Acquisition Regulation; to small businesses that subcontract to PROGRAM Utilization of Indian Organizations and Indian organizations or Indian-owned Indian-Owned Economic Enterprises economic enterprises when the contract 26.101 [Amended] includes the clause at FAR 52.226–1, 2. Amend section 26.101 as follows: AGENCIES: Department of Defense (DoD), Utilization of Indian Organizations and a. In the definition ‘‘Indian’’, remove General Services Administration (GSA), Indian-owned Economic Enterprises. ‘‘which’’ and insert ‘‘that’’, in its place; and National Aeronautics and Space This rule proposes to remove obsolete b. In the definition ‘‘Indian-owned Administration (NASA). DoD-unique implementing guidance economic enterprise’’ remove ‘‘shall ACTION: Proposed rule. from the FAR. The Defense Acquisition constitute’’ and insert ‘‘constitutes’’, in Regulations Council will add guidance its place; and SUMMARY: The Civilian Agency to the Defense Federal Acquisition Acquisition Council and the Defense Regulation Supplement under a separate c. In the definition ‘‘Indian tribe’’, Acquisition Regulations Council case to implement the change made in remove ‘‘which’’ and insert ‘‘that’’, in its (Councils) are proposing to amend the Section 8024 of Pub. L. 105–262. place. Federal Acquisition Regulation (FAR) to This rule was not subject to Office of 3. Revise section 26.104 to read as delete DoD-unique language pertaining Management and Budget review under follows: to incentive payments made to prime Section 6(b) of Executive Order 12866, 26.104 Contract clause. contractors for the utilization of Indian Regulatory Planning and Review, dated Contracting Officers in civilian organizations and Indian-owned September 30, 1993. This rule is not a agencies may insert the clause at economic enterprises. major rule under 5 U.S.C. 804. DATES: Comments should be submitted 52.226–1, Utilization of Indian on or before December 27, 1999 to be B. Regulatory Flexibility Act Organizations and Indian-Owned considered in the formulation of a final This proposed rule is not expected to Economic Enterprises, in solicitations rule. have a significant economic impact on and contracts if— (a) In the opinion of the contracting ADDRESSES: Interested parties should a substantial number of small entities officer, subcontracting possibilities exist submit written comments to: General within the meaning of the Regulatory for Indian organizations or Indian- Services Administration, FAR Flexibility Act, 5 U.S.C. 601, et seq., owned economic enterprises; and Secretariat (MVRS), 1800 F Street, NW, because the rule merely deletes DoD- (b) Funds are available for any Room 4035, ATTN: Laurie Duarte, unique requirements from the FAR. The increased costs as described in Washington, DC 20405. rule will have no effect on small entities paragraph (b)(2) of the clause at 52.226– Address e-mail comments submitted doing business with civilian agencies. 1. via the Internet to: farcase.99– An Initial Regulatory Flexibility [email protected]. Analysis has, therefore, not been performed. Comments are invited from PART 52ÐSOLICITATION PROVISIONS Please submit comments only and cite AND CONTRACT CLAUSES FAR case 99–301 in all correspondence small businesses and other interested related to this case. parties. The Councils will consider 4. Amend section 52.226–1 as follows: comments from small entities FOR FURTHER INFORMATION CONTACT: The a. Revise the date of the clause; concerning the affected FAR Subparts in FAR Secretariat, Room 4035, GS b. Remove paragraph (a); accordance with 5 U.S.C. 610. Interested Building, Washington, DC, 20405, at c. Redesignate paragraphs (b) through parties must submit such comments (202) 501–4755 for information (d) as (a) through (c), respectively; separately and should cite 5 U.S.C. 601, pertaining to status or publication d. In the newly designated paragraph et seq. (FAR case 99–301), in schedules. For clarification of content, (a): correspondence. contact Ms. Victoria Moss, Procurement (1) Remove ‘‘which’’ from the Analyst, at (202) 501–4764. Please cite C. Paperwork Reduction Act definition ‘‘Indian’’ and insert ‘‘that’’, in FAR case 99–301. The Paperwork Reduction Act does its place; SUPPLEMENTARY INFORMATION: not apply because the changes to the (2) Remove ‘‘shall constitute’’ from the definition ‘‘Indian-owned economic A. Background FAR do not impose information collection requirements that require the enterprise’’ and insert ‘‘constitutes’’, in Section 504 of the Indian Financing approval of the Office of Management its place; and Act of 1974 (25 U.S.C. 1544) established and Budget under 44 U.S.C. 3501, et (3) Remove ‘‘which’’ from the the Indian Incentive Program. Annual seq. definition ‘‘Indian tribe’’ and insert DoD appropriations acts have restricted ‘‘that’’, in its place. DoD payments under the Program to List of Subjects in 48 CFR Parts 26 and e. Revise newly designated those contractors that submitted 52 paragraphs (b) and (c). subcontracting plans pursuant to 15 Government procurement. The revised text reads as follows:

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52.226±1 Utilization of Indian Contracting Officer will refer the matter to (3) The amount of the adjustment to the Organizations and Indian-Owned Economic the U.S. Department of the Interior, Bureau prime contract is 5 percent of the estimated Enterprises. of Indian Affairs (BIA), Attn: Chief, Division cost, target cost, or firm-fixed-price included * * * * * of Contracting and Grants Administration, in the subcontract initially awarded to the 1849 C Street, NW, MS 2626–MIB, Indian organization or Indian-owned Utilization of Indian Organizations and Washington, DC 20240–4000. The BIA will economic enterprise. Indian-Owned Economic Enterprises (Date) determine the eligibility and notify the Contracting Officer. No incentive payment (4) The Contractor has the burden of * * * * * proving the amount claimed and must assert (b) The Contractor shall use its best efforts will be made within 50 working days of its request for an adjustment prior to to give Indian organizations and Indian- subcontract award or while a challenge is completion of contract performance. owned economic enterprises (25 U.S.C. 1544) pending. If a subcontractor is determined to be an ineligible participant, no incentive (c) The Contracting Officer, subject to the the maximum practicable opportunity to payment will be made under the Indian participate in the subcontracts it awards to terms and conditions of the contract and the Incentive Program. availability of funds, will authorize an the fullest extent consistent with efficient (2) The Contractor may request an performance of its contract. incentive payment of 5 percent of the amount adjustment under the Indian Incentive paid to the subcontractor. The Contracting (1) The Contracting Officer and the Program to the following: Officer will seek funding in accordance with Contractor, acting in good faith, may rely on (i) The estimated cost of a cost-type the representation of an Indian organization contract. agency procedures. The Contracting Officer’s or Indian-owned economic enterprise as to (ii) The target cost of a cost-plus-incentive- decision is final and not subject to the its eligibility, unless an interested party fee prime contract. Disputes clause of this contract. challenges its status or the Contracting (iii) The target cost and ceiling price of a (End of clause) Officer has independent reason to question fixed-price incentive prime contract. that status. In the event of a challenge to the (iv) The price of a firm-fixed-price prime [FR Doc. 99–27857 Filed 10–26–99; 8:45 am] representation of a subcontractor, the contract. BILLING CODE 6820±EP±P

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Reader Aids Federal Register Vol. 64, No. 207 Wednesday, October 27, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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 EO 13138)...... 53879 12876 (Amended by Presidential Documents Proclamations: EO 13138)...... 53879 Executive orders and proclamations 523±5227 4865 (See 12882 (Amended by The United States Government Manual 523±5227 Memorandum of EO 13138)...... 53879 April 16, 1999) ...... 53883 12888 (See EO (See Memorandum of Other Services 13140) ...... 55115 , 12900 (Amended by Electronic and on-line services (voice) 523±4534 1999) ...... 55809 EO 13138)...... 53879 Privacy Act Compilation 523±3187 6763 (See 12905 (Amended by Public Laws Update Service (numbers, dates, etc.) 523±6641 Proclamation EO 13138)...... 53879 TTY for the deaf-and-hard-of-hearing 523±5229 7235) ...... 55611 12936 (See EO 7227...... 53877 13140) ...... 55115 ELECTRONIC RESEARCH 7228...... 54193 12960 (See EO 7229...... 54195 13140) ...... 55115 World Wide Web 7230...... 54197 12961 (Revoked by Full text of the daily Federal Register, CFR and other 7231...... 54755 EO 13138)...... 53879 publications: 7232...... 54757 12978 (See Notice of 7233...... 54759 October 19, 1999)...... 56667 http://www.access.gpo.gov/nara 7234...... 55405 12994 (Amended by Federal Register information and research tools, including Public 7235...... 55611 EO 13138)...... 53879 Inspection List, indexes, and links to GPO Access: 7236...... 55613 13010 (Revoked in 7237...... 55615 part by EO http://www.nara.gov/fedreg 7238...... 55617 13138) ...... 53879 E-mail 7239...... 55619 13017 (Revoked by EO 13138)...... 53879 PENS (Public Law Electronic Notification Service) is an E-mail 7240...... 56393 13021 (Amended by service for notification of recently enacted Public Laws. To 7241...... 56397 EO 13138)...... 53879 subscribe, send E-mail to 7242...... 56665 7243...... 57767 13037 (Revoked by [email protected] Executive Orders: EO 13138)...... 53879 with the text message: 11145 (Amended by 13038 (Revoked by EO 13138)...... 53879 subscribe PUBLAWS-L your name EO 13138)...... 53879 11183 (Amended by 13050 (Revoked by Use [email protected] only to subscribe or unsubscribe to EO 13138)...... 53879 EO 13138)...... 53879 PENS. We cannot respond to specific inquiries. 11287 (Amended by 13062 (Superseded in Reference questions. Send questions and comments about the EO 13138)...... 53879 part by EO Federal Register system to: 12131 (Amended by 13138) ...... 53879 EO 13138)...... 53879 13086 (See EO [email protected] 12196 (Amended by 13140) ...... 55115 The Federal Register staff cannot interpret specific documents or EO 13138)...... 53879 13115 (Amended by regulations. 12216 (Amended by EO 13138)...... 53879 EO 13138)...... 53879 13138...... 53879 FEDERAL REGISTER PAGES AND DATE, OCTOBER 12345 (Amended by 13139...... 54175 EO 13138)...... 53879 13140...... 55115 53179±53580...... 1 12367 (Amended by Administrative Orders: 53581±53882...... 4 EO 13138)...... 53879 Memorandums: 53883±54198...... 5 12382 (Amended by April 16, 1999 ...... 53883 54199±54498...... 6 EO 13138)...... 53879 September 24, 1999...... 55809 54499±54758...... 7 12473 (Amended by Notices: 54759±55114...... 8 EO 13140)...... 55115 Notice of October 19, 55115±55404...... 12 12484 (See EO 1999 ...... 56667 55405±55614...... 13 13140 ...... 55115 Presidential Determinations: 55615±55808...... 14 12550 (See EO No. 99±38 of 13140) ...... 55115 55809±56130...... 15 , 12586 (See EO 1999 ...... 53573 56131±56250...... 18 13140) ...... 55115 No. 99±39 of 56251±56398...... 19 12708 (See EO September 21, 56399±56668...... 20 13140) ...... 55115 1999 ...... 53575 56669±56944...... 21 12767 (See EO No. 99±40 of 56945±57360...... 22 13140) ...... 55115 September 21, 57361±57548...... 25 12852 (Revoked by 1999 ...... 53577 57549±57768...... 26 EO 13138)...... 53879 No. 99±41 of 57769±57966...... 27 12871 (Amended by September 22,

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1999 ...... 53579 932...... 57597 745...... 55871 Proposed Rules: No. 99±42 of 1750...... 56274 30...... 53861 September 29, 8 CFR 732...... 53854 13 CFR 1999 ...... 54499 3...... 56135 740...... 53854 No. 99±43 of Proposed Rules: 121...... 57366 743...... 53854 September 30, Ch. 1 ...... 54794 125...... 57366 748...... 53854 1999 ...... 54501 Proposed Rules: 750...... 53854 No. 99±44 of 9 CFR 121...... 55873, 57188 752...... 53854 September 30, 3...... 56142 Ch. IV...... 57932 758...... 53854 1999 ...... 54503 77...... 56399 Ch. V...... 57946 762...... 53854 No. 99±45 of 94...... 55812, 55813 772...... 53854 September 30, 14 CFR 303...... 56400 16 CFR 1999 ...... 53505 304...... 56400 25...... 54761 36...... 55598 241...... 57372 5 CFR 307...... 56400 308...... 56400 39 ...... 53189, 53191, 53193, Proposed Rules: 532...... 53179 312...... 56400 53620, 53621, 53623, 53625, 4...... 57825 831...... 53581 314...... 56400 54199, 54200, 54202, 54512, 436...... 57294 842...... 53581 317...... 53186 54513, 54515, 54517, 54518, 453...... 56717 870...... 54761 327...... 56400 54763, 54767, 54769, 54770, 1201...... 54507 331...... 56400 54773, 54774, 55407, 55409, 17 CFR 55411, 55413, 55414, 55416, 7 CFR 350...... 56400 210...... 53900 381...... 53186, 56400 55621, 55624, 55815, 56151, 228...... 53900 56...... 56945 416...... 56400 56158, 56158, 56159, 56161, 229...... 53900 210...... 55407 56163, 56420, 56422, 56424, 230...... 53900 215...... 55407 10 CFR 56426, 56957, 56959, 56960, 232...... 56430 220...... 55407 56962, 56963, 57549, 57551, 20...... 54543, 55524 239...... 53900, 56430 235...... 55407 575553,, 57555, 57556 50...... 53582 240...... 53900 245...... 55407 71 ...... 53627, 53887, 53888, 71...... 57769 249...... 53900, 56430 246...... 56669 53889, 53890, 53891, 53892, 72...... 53582, 56114 259...... 56430 301...... 55811, 56948 53893, 53894, 53895, 53896, 431...... 54114 260...... 53900 735...... 54508 53898, 53899, 54203, 54204, 600...... 56418 269...... 56430 915...... 53181 54205, 54206, 55131, 55815, 274...... 56430 923...... 53885 Proposed Rules: 55816, 55817, 55818, 55819, Proposed Rules: 944...... 53181 2...... 55176 55820, 56251, 56428, 56429, 210...... 55648 966...... 57361 20...... 56274 56676, 57557, 57558 228...... 55648 984...... 56131 30...... 57785 93...... 53558 229...... 55648 997...... 56133 50...... 53270, 56476 97 ...... 55132, 55133, 55135, 240...... 55648 998...... 56133 63...... 57409 57555, 57560, 57562 999...... 56133 11 CFR Proposed Rules: 18 CFR 1000...... 53885 Ch. 1 ...... 56275 1001...... 53885 110...... 55125 2...... 54522 11...... 56708 153...... 57374 1002...... 53885 Proposed Rules: 39 ...... 53275, 53951, 53953, 1004...... 53885 100...... 55440 157...... 54522, 57374 54227, 54229, 54230, 54232, 284...... 54522 1005...... 53885 102...... 55440 54234, 54237, 54239, 54240, 1006...... 53885 104...... 55440 380...... 54522, 57374 54242, 54246, 54248, 54249, 385...... 54522, 56172 1007...... 53885 54580, 54582, 54584, 54587, 12 CFR 1012...... 53885 54589, 54591, 54594, 54596, Proposed Rules: 281...... 56982 1013...... 53885 4...... 56949 54598, 54795, 54797, 54799, 385...... 53959 1030...... 53885 204...... 53617 54801, 54804, 54808, 54811, 1032...... 53885 211...... 56949 54815, 54818, 54822, 54826, 19 CFR 1033...... 53885 262...... 53188 54829, 54833, 55177, 55181, 1036...... 53885 347...... 56949 55184, 55188, 55191, 55195, 19...... 57564 1040...... 53885 602...... 54511 55196, 55197, 55200, 55204, 24...... 56433 1044...... 53885 612...... 55621 55207, 55211, 55440, 55636, 122...... 53627 1046...... 53885 614...... 55621 55638, 55640, 55642, 55644, 159...... 56433 1049...... 53885 615...... 56675 56276, 56279, 56281, 56709, 174...... 56433 1050...... 53885 618...... 55621 56712, 56715, 57409, 57600, 20 CFR 1064...... 53885 701...... 56953, 57363 57602, 57606, 57608, 57787, 1065...... 53885 703...... 57363 57789, 57790, 57792, 57794, 404...... 57774 1068...... 53885 704...... 57363 57796, 57798, 57800, 57802, Proposed Rules: 1076...... 53885 709...... 57363 57806, 57808, 57810, 57811, 404...... 55214 1079...... 53885 712...... 57363 57814, 57816, 57818, 57820, 422...... 55216 1106...... 53885 713...... 57363 57822, 57823 718...... 54966 1124...... 53885 741...... 56148 71 ...... 53956, 53957, 57609, 722...... 54966 1126...... 53885 790...... 57363 57610 725...... 54966 1131...... 53885 791...... 57363 91...... 56708 726...... 54966 1134...... 53885 792...... 57363 121...... 56708 727...... 54966 1135...... 53885 910...... 55125 135...... 56708 1137...... 53885 Proposed Rules: 145...... 56708 21 CFR 1138...... 53885 202...... 57409 193...... 53958 3...... 56441 1139...... 53885 205...... 57409 450...... 54448 5...... 56441 1755...... 53886 213...... 57409 10...... 56441 2003...... 56399 226...... 57409 15 CFR 20...... 56441 3570...... 56399 230...... 57409 774...... 54520 25...... 56454 Proposed Rules: 714...... 55866 902...... 54732, 55821 26...... 57776 46...... 57405 724...... 55871 2014...... 56429 50...... 54180, 56441

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56...... 56441 Proposed Rules: 10...... 53772 57...... 54263 58...... 56441 571...... 53872 58...... 54263 101...... 57700 38 CFR 405...... 57431 29 CFR 173...... 56172 3...... 54206 409...... 57612 178...... 53925 2590...... 57520 17...... 54207 410...... 57612 Ch. II ...... 54794 4044...... 55828 Proposed Rules: 411...... 57612 207...... 56441 Proposed Rules: 20...... 53302 413...... 57612 310...... 56441 2510...... 57611 424...... 57612 312...... 54180, 56441 39 CFR 447...... 54263 30 CFR 316...... 56441 776...... 56253 484...... 57612 558...... 53926 202...... 56454 Proposed Rules: 43 CFR 600...... 56441 206...... 56454 111 ...... 54255, 57419, 57571 601...... 56441 250...... 53195 1820...... 53213 607...... 56441 914...... 57565 40 CFR 3500...... 53512 610...... 56441 3510...... 53512 924...... 57567 52 ...... 53210, 53931, 54559, 640...... 56441 3520...... 53512 948...... 53200 55139, 55141, 55421, 55831, 660...... 56441 950...... 53202 3530...... 53512 57777 3540...... 53512 878...... 53927 Proposed Rules: 60...... 57392 3550...... 53512 900...... 53195 250...... 53298 61...... 53212 3560...... 53512 Proposed Rules: 901...... 55878 62...... 55141, 57781 3570...... 53512 5...... 53281 904...... 56179 63...... 56173, 57572 3800...... 53213 25...... 53281 915...... 54840 76...... 55834 Proposed Rules: 314...... 53960 916...... 56982 81...... 55421 500...... 53281 936...... 56983 2800...... 55452 180 ...... 54218, 54777, 54779, 2880...... 55452 510...... 53281 946...... 54843 55838, 56464, 56678, 56681, 558...... 53281 948...... 54845 2730...... 57613 56690, 56697 3800...... 57613 601...... 53960 201...... 55141 880...... 53294 32 CFR 3820...... 57613 261...... 56256, 56469 3830...... 57613 700...... 56062 262...... 56469 22 CFR 1800...... 53769 3840...... 57613 268...... 56469 3850...... 57613 40...... 55417 Proposed Rules: 271 ...... 55142, 55153, 55629, 42...... 55417 199...... 56283 56173 44 CFR 171...... 54538 806...... 56181 300 ...... 53213, 53629, 56966 Ch. V...... 54538 62...... 56174 Proposed Rules: 514...... 53928 33 CFR 64...... 56256 2...... 57421 65 ...... 53931, 53933, 53936 Proposed Rules: 100 ...... 53208, 53628, 55829, 49...... 54851 67...... 53938, 53939 194...... 53632 55830 50...... 57424 206...... 55158 117 ...... 53209, 54776, 55137, 52 ...... 53303, 53973, 54600, Proposed Rules: 24 CFR 55419, 55831, 56252, 56677 54601, 54851, 55219, 55220, 67...... 53980, 53982 200...... 53930, 55828 165...... 55138, 55420 55442, 55662, 55667, 55879, 203...... 56108 187...... 56965 56181, 57826 45 CFR 234...... 56108 Proposed Rules: 62...... 57827 96...... 55843 882...... 53868 Ch. I ...... 56286 76...... 55880 61...... 57740 888...... 53450, 56894 20...... 53970 80...... 57827 144...... 57520 902...... 56676 100...... 54847, 54849 81...... 55442 146...... 57520 903...... 56844 117...... 55217 85...... 56985, 57827 Proposed Rules: 964...... 56870 165 ...... 54242, 54963, 57418, 86...... 56985, 57827 982...... 56882, 56894 5b...... 57619 57419 122...... 53304, 57834 302...... 55074 Proposed Rules: 175...... 53971 123...... 53304, 57834 303...... 55074 964...... 56890 181...... 56287 124...... 53304, 57834 304...... 55074 183...... 56287 130...... 53304, 57834 25 CFR 305...... 55074 207...... 55441 131...... 53304, 57834 308...... 55102 516...... 54541 132...... 53632 Proposed Rules: 34 CFR 144...... 57430 46 CFR 151...... 55878 602...... 56612 146...... 57430 1...... 53220 668...... 57356 147...... 56986 26 CFR 2...... 53220 674...... 57528 165...... 56918 4...... 53220 1...... 55137 682...... 57528 180...... 56477 10...... 53220, 53230 54...... 57520 685...... 57960 194...... 56185 12...... 53230 301...... 56246 Proposed Rules: 197...... 53304 15...... 53220 Proposed Rules: 75...... 54254 258...... 53976 27...... 56257 1 ...... 54836, 56246, 56718 614...... 57288 261...... 55443, 55880 31...... 53220 25...... 56179 264...... 54604 34...... 53220 36 CFR 271...... 55222, 55671 38...... 53220 27 CFR 13...... 56455 300...... 56992 52...... 53220 1...... 54776 1275...... 56678 710...... 56998 53...... 53220 47...... 55625 Proposed Rules: 54...... 53220 41 CFR 55...... 55625 217...... 59074, 56293 56...... 53220 Proposed Rules: 219...... 59074, 56293 51-2...... 55841 57...... 53220 4...... 57413 51-5...... 55841 58...... 53220 5...... 57413 37 CFR 59...... 53220 42 CFR 7...... 57413 Proposed Rules: 61...... 53220 1...... 53772 121...... 56650 63...... 53220 28 CFR 3...... 53772 Proposed Rules: 64...... 53220 Ch. I ...... 54794 5...... 53772 8...... 56294 67...... 53220

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68...... 53220 22...... 53231, 54564 52...... 57964 1152...... 53264 69...... 53220 64 ...... 53242, 53944, 54577, 204...... 56724 1177...... 53264 76...... 53220 55163, 55164, 56177 252...... 56724 1180...... 53264 91...... 53220 73 ...... 54224, 54225, 54783, 909...... 55453 1184...... 53264 95...... 53220 54784, 54785, 54786, 55172, 970...... 55453 Proposed Rules: 98...... 53220 55173, 55174, 55434, 56703, 1804...... 54270 71...... 55892 105...... 53220 56704, 56974 1812...... 54270 192...... 56725 107...... 53220 80...... 53231 1852...... 54270 195...... 56725 108...... 53220 87...... 53231 9903...... 56296 661...... 54855 109...... 53220 90...... 53231 118...... 53220 95...... 53231 49 CFR 125...... 53220 97...... 53231 1...... 56270 50 CFR 133...... 53220 101...... 53231 71...... 56705 17 ...... 56582, 56590, 56596 147...... 53220 Proposed Rules: 172...... 54730 216...... 53269 192...... 56878 151...... 53220 54...... 53648 222 ...... 55858, 55860, 57397 Ch. III ...... 56478 153...... 53220 61...... 53648 223 ...... 55434, 55858, 55860, 160...... 53220 544...... 57393 69...... 53648 57397 161...... 53220 73 ...... 53655, 54268, 54269, 1002...... 53264 226...... 57399 162...... 53220 54270, 55222, 55223, 55452, 1003...... 53264 600...... 54786 167...... 53220 55453, 56723, 56724, 56999, 1007...... 53264 622...... 57403, 57585 169...... 53220 57835, 57836, 57837, 57838 1011...... 53264 635 ...... 53949, 54577, 55633, 177...... 53220 76...... 54854 1012...... 53264 181...... 53220 1014...... 53264 56472 189...... 53220 48 CFR 1017...... 53264 648 ...... 54732, 55821, 57586, 193...... 53220 1...... 53264 1018...... 53264 57587 197...... 53220 15...... 53264 1019...... 53264 660...... 54786, 56177 199...... 53220 19...... 53264 1021...... 53264 679 ...... 53630, 53950, 54225, 204...... 54782 52...... 53264 1034...... 53264 54578, 54791, 54792, 55438, Proposed Rules: 201...... 56704 1039...... 53264 55634, 55865, 56271, 56272, 5...... 53970 209...... 55632 1100...... 53264 56473, 56474, 56475, 57595 15...... 56720 211...... 55632 1101...... 53264 Proposed Rules: 213...... 56704 1103...... 53264 17 ...... 53655, 55892, 56297, 47 CFR 214...... 55632 1104...... 53264 57534, 57620 Ch. I...... 54561, 55671 237...... 53447 1105...... 53264 216 ...... 56298, 57010, 57026 0 ...... 55161, 55425, 56269, 252...... 55632 1113...... 53264 227...... 56297 57585 415...... 54963 1133...... 53264 622...... 57436, 57623 1...... 53231 Ch. 19 ...... 54538 1139...... 53264 648...... 55688 13...... 53231 Proposed Rules: 1150...... 53264 660 ...... 54272, 55689, 56479 20...... 54564 26...... 57964 1151...... 53264 679...... 53305, 56481

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REMINDERS Oranges and grapefruit grown West Coast States and Arizona; comments due by The items in this list were inÐ Western Pacific 11-1-99; published 9-22- editorially compiled as an aid Texas; comments due by fisheriesÐ 99 to Federal Register users. 11-1-99; published 8-31- West Coast salmon; Arkansas; comments due by Inclusion or exclusion from 99 comments due by 11-2- 11-1-99; published 9-22- this list has no legal AGRICULTURE 99; published 10-18-99 99 significance. DEPARTMENT COMMODITY FUTURES Colorado; comments due by Animal and Plant Health TRADING COMMISSION 11-1-99; published 10-6- Inspection Service Privacy Act; implementation; 99 RULES GOING INTO Plant-related quarantine, comments due by 11-1-99; Kansas; comments due by EFFECT OCTOBER 27, domestic: published 9-30-99 11-1-99; published 9-22- Mediterranean fruit fly; 1999 ENVIRONMENTAL 99 comments due by 11-2- PROTECTION AGENCY Louisiana; comments due by 99; published 9-3-99 FEDERAL Air quality implementation 11-1-99; published 9-22- AGRICULTURE COMMUNICATIONS plans; approval and 99 DEPARTMENT COMMISSION promulgation; various Pennsylvania and New Food and Nutrition Service Common carrier services: States: York; comments due by Food stamp program: Telecommunications Act of California; comments due by 11-1-99; published 9-22- Balanced Budget Act of 1996; implementationÐ 11-1-99; published 9-30- 99 1997; implementationÐ Local competition 99 HEALTH AND HUMAN Time-limit exemptions and SERVICES DEPARTMENT provisions; published 9- employment and District of Columbia; 27-99 training programs; comments due by 11-1- Food and Drug SOCIAL SECURITY comments due by 11-2- 99; published 9-30-99 Administration ADMINISTRATION 99; published 9-3-99 Air quality implementation Human drugs: √ √ Social security benefits and AGRICULTURE plans; A approval and Abbreviated new drug supplemental security DEPARTMENT promulgation; various applications; 180-day income: Forest Service States; air quality planning generic drug exclusivity; purposes; designation of Federal old age, survivors, Alaska National Interest Lands comments due by 11-4- areas: and disability benefits; Conservation Act; Title VIII 99; published 8-6-99 and aged, blind, and implementation (subsistence Tennessee; comments due INTERIOR DEPARTMENT by 11-1-99; published 9- disabledÐ priority): Fish and Wildlife Service 30-99 Prehearing proceedings Fish and wildlife; Alaska National Interest Lands Pesticides; tolerances in food, and decisions; attorney subsistence taking; Conservation Act; Title VIII animal feeds, and raw advisors authority; comments due by 11-5- implementation (subsistence agricultural commodities: extension; published 9- 99; published 9-10-99 priority): Chlorfenapyr; comments due 27-99 AGRICULTURE Fish and wildlife; by 11-1-99; published 9-1- Social security benefits: DEPARTMENT subsistence taking; 99 Federal old age, survivors, Food Safety and Inspection comments due by 11-5- and disability insuranceÐ Service Cymoxanil; comments due 99; published 9-10-99 by 11-1-99; published 9-1- Meat and poultry inspection: Endangered and threatened Title II benefits under 99 family maximum Accurate weights, repairs, species: adjustments, and Difenoconazole; comments provisions; reduction in Aleutian Canada goose; replacement after due by 11-1-99; published cases of dual comments due by 11-1- inspection; scale 9-1-99 entitlement; published 99; published 8-3-99 requirements; comments Solid wastes: 10-27-99 Findings on petitions, etc.Ð due by 11-1-99; published Municipal solid waste landfill TRANSPORTATION 10-1-99 Black-tailed prairie dog; DEPARTMENT permit programs; AGRICULTURE adequacy comments due by 11-3- Federal Aviation DEPARTMENT determinationsÐ 99; published 10-4-99 Administration Acquisition regulations: Rhode Island; comments INTERIOR DEPARTMENT Airworthiness directives: Contracting by negotiation; due by 11-4-99; Surface Mining Reclamation Airbus; published 9-22-99 part 415 reorganization; published 10-5-99 and Enforcement Office comments due by 11-1- Bombardier; published 9-22- Superfund program: Permanent program and 99; published 9-30-99 99 Toxic chemical release abandoned mine land COMMERCE DEPARTMENT British Aerospace; published reporting; community-right- reclamation plan 9-22-99 Export Administration to-knowÐ submissions: Bureau Dornier; published 9-22-99 Lead and lead Alabama; comments due by Export administration Fokker; published 9-22-99 compounds; lowering of 11-1-99; published 10-15- regulations: 99 Saab; published 9-22-99 reporting thresholds; Syrian civilian passenger comments due by 11-1- NUCLEAR REGULATORY aircraft safety of flight; 99; published 9-21-99 COMMISSION COMMENTS DUE NEXT export and reexport of FEDERAL Production and utilization WEEK aircraft parts and components; license COMMUNICATIONS facilities; domestic licensing: review policy; comments COMMISSION Noncombustible fire barrier AGRICULTURE due by 11-1-99; published Digital television stations; table penetration seal materials; DEPARTMENT 9-16-99 of assignments: requirement eliminated, Agricultural Marketing COMMERCE DEPARTMENT Texas; comments due by etc.; comments due by 11-1-99; published 8-18- Service National Oceanic and 11-1-99; published 9-15- 99 Onions (Vidalia) grown inÐ Atmospheric Administration 99 Georgia; comments due by Fishery conservation and Radio stations; table of POSTAL SERVICE 11-2-99; published 9-3-99 management: assignments: Domestic Mail Manual:

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Special services labels; Empresa Brasileira de program; comments due Gorge National Conservation barcode requirements; Aeronautica S.A.; by 11-1-99; published Area Act of 1999 (Oct. 21, comments due by 11-5- comments due by 11-1- 9-1-99 1999; 113 Stat. 1126) 99; published 10-6-99 99; published 10-1-99 Forest Service and forest SECURITIES AND General Electric Co.; highway program; H.R. 560/P.L. 106±77 EXCHANGE COMMISSION comments due by 11-2- comments due by 11-1- To designate the Federal Investment advisers: 99; published 9-3-99 99; published 9-1-99 building and United States Raytheon; comments due by Indian Affairs Bureau and Political contributions; courthouse located at the 11-1-99; published 9-15- Indian reservation roads comments due by 11-1- intersection of Comercio and 99; published 8-10-99 99 program; comments due by 11-1-99; published San Justo Streets, in San Rolls-Royce plc.; comments TRANSPORTATION 9-1-99 Juan, Puerto Rico, as the DEPARTMENT due by 11-1-99; published ``Jose V. Toledo Federal 8-31-99 National Park Service and Coast Guard park roads and Building and United States Drawbridge operations: Short Brothers; comments parkways program; Courthouse''. (Oct. 22, 1999; New Jersey; comments due due by 11-5-99; published comments due by 11-1- 113 Stat. 1134) by 11-1-99; published 9-1- 10-6-99 99; published 9-1-99 99 Short Brothers and Harland H.R. 1906/P.L. 106±78 Ports and waterways safety: Ltd.; comments due by LIST OF PUBLIC LAWS Agriculture, Rural Tampa Bay, FL; safety 11-3-99; published 9-28- Development, Food and Drug zone; comments due by 99 This is a continuing list of Administration, and Related 11-1-99; published 9-1-99 Aviation safety: public bills from the current Agencies Appropriations Act, Voluntarily submitted Regattas and marine parades: session of Congress which 2000 (Oct. 22, 1999; 113 Stat. information; confidentiality Puerto Rico International have become Federal laws. It 1135) Cup; comments due by protection; comments due may be used in conjunction 11-1-99; published 8-31- by 11-4-99; published 10- with ``P L U S'' (Public Laws Last List , 1999 99 5-99 Update Service) on 202±523± Vessel documentation and Class E airspace; comments 6641. This list is also measurement: due by 11-4-99; published available online at http:// 9-23-99 www.nara.gov/fedreg. Standard measurement Public Laws Electronic system exemption from TRANSPORTATION The text of laws is not gross tonnage; comments DEPARTMENT Notification Service published in the Federal (PENS) due by 11-1-99; published Federal Highway Register but may be ordered 8-31-99 Administration in ``slip law'' (individual TRANSPORTATION Motor carrier safety standards: pamphlet) form from the DEPARTMENT Commercial motor vehicle; Superintendent of Documents, PENS is a free electronic mail Federal Aviation definition; comments due U.S. Government Printing notification service of newly Administration by 11-2-99; published 9-3- Office, Washington, DC 20402 enacted public laws. To Airworthiness directives: 99 (phone, 202±512±1808). The subscribe, go to www.gsa.gov/ Airbus; comments due by Small passenger-carrying text will also be made archives/publaws-l.html or 11-1-99; published 10-5- commercial motor available on the Internet from send E-mail to GPO Access at http:// 99 vehicles; operator [email protected] with www.access.gpo.gov/nara/ Aircraft Belts, Inc.; requirements; comments the following text message: index.html. Some laws may comments due by 11-1- due by 11-2-99; published not yet be available. 99; published 9-1-99 9-3-99 SUBSCRIBE PUBLAWS-L AlliedSignal Inc.; comments Transportation Equity Act for H.J. Res. 71/P.L. 106±75 Your Name. due by 11-3-99; published 21st Century; Making further continuing 8-5-99 implementation: appropriations for the fiscal Note: This service is strictly Boeing; comments due by Federal lands highway year 2000, and for other for E-mail notification of new 11-1-99; published 8-31- program; transportation purposes. (Oct. 21, 1999; 113 laws. The text of laws is not 99 planning procedures and Stat. 1125) available through this service. Dowty Aerospace Propellers; management systemsÐ S. 323/P.L. 106±76 PENS cannot respond to comments due by 11-1- Fish and Wildlife Service Black Canyon of the Gunnison specific inquiries sent to this 99; published 9-1-99 and refuge roads National Park and Gunnison address.

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