12–11–00 Monday Vol. 65 No. 238 Dec. 11, 2000 Pages 77245–77494
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1 II Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000
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2 III
Contents Federal Register Vol. 65, No. 238
Monday, December 11, 2000
Agricultural Marketing Service Drug Enforcement Administration PROPOSED RULES PROPOSED RULES Cherries (tart) grown in— Schedules of controlled substances: Michigan et al., 77323–77328 Dichloralphenazone; placement into List IV, 77328–77330
Agriculture Department Economic Analysis Bureau See Agricultural Marketing Service RULES See Food and Nutrition Service International services surveys: See Forest Service BE-82; annual survey of financial services transactions See Rural Utilities Service between U.S. financial services providers and NOTICES unaffiliated foreign persons, 77282–77285 Meetings: Health and Nutrition Effects of Popular Weight-Loss Diets Education Department Research Program, 77340 RULES Special education and rehabilitative services: Alcohol, Tobacco and Firearms Bureau Special Demonstration Programs, 77431–77436 NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 77426–77427 Submission for OMB review; comment request, 77349– 77350 Bonneville Power Administration Meetings: NOTICES Web-Based Education Commission, 77350 Environmental statements; notice of intent: Schultz-Hanford Area Transmission Line Project, WA, Employment Standards Administration 77352 NOTICES Agency information collection activities: Proposed collection; comment request, 77392–77393 Commerce Department See Economic Analysis Bureau See Export Administration Bureau Energy Department See International Trade Administration See Bonneville Power Administration See National Oceanic and Atmospheric Administration See Federal Energy Regulatory Commission See Patent and Trademark Office See Western Area Power Administration NOTICES Grants and cooperative agreements; availability, etc.: Committee for the Implementation of Textile Agreements Industries of the Future, Emerging Technology NOTICES Deployment, 77350–77351 Cotton, wool, and man-made textiles: Power Plant Improvement Initiative, 77351–77352 Kenya, 77347–77348 Mauritius, 77348 Environmental Protection Agency Taiwan, 77349 RULES Air quality implementation plans; approval and Comptroller of the Currency promulgation; various States; air quality planning RULES purposes; designation of areas: Practice and procedure: Ohio, 77308–77318 Civil money penalties; inflation adjustment, 77250–77252 Air quality implementation plans; approval and promulgation; various States: Copyright Office, Library of Congress California, 77307–77308 RULES PROPOSED RULES Copyright office and procedures: Air programs: Sound recordings, public performance; service definition, Outer Continental Shelf regulations— 77292–77302 California; consistency update, 77333–77338 PROPOSED RULES Hazardous waste: Copyright office and procedures: Identification and listing— Sound recordings, public performance; service definition, Exclusions; correction, 77429 77330–77333 NOTICES NOTICES Agency information collection activities: Copyright Arbitration Royalty Panel: Proposed collection; comment request, 77373–77374 Digital performance right in sound and ephemeral Submission for OMB review; comment request, 77375 recordings— Air pollution control: Copyright liability and precontroversy discovery State operating permits programs— schedule, 77393–77394 Various States, 77376–77377
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Toxic and hazardous substances control: El Paso Natural Gas Co., 77355 New chemicals— Florida Gas Transmission Co., 77355–77356 Receipt and status information, 77377–77380 Great Lakes Gas Transmission L.P., 77356 Iroquois Gas Transmission System, L.P., 77356 Equal Employment Opportunity Commission Kinder Morgan Interstate Gas Transmission LLC, 77356– RULES 77357 Age Discrimination in Employment Act: KN Wattenberg Transmission L.L.C., 77357 Rights and claims waivers; tender back of consideration, Koch Gateway Pipeline Co., 77357 77437–77447 Mississippi River Transmission Corp., 77357–77358 National Fuel Gas Supply Corp., 77358 Executive Office of the President PG&E Gas Transmission, Northwest Corp., 77358 See Presidential Documents Southern Natural Gas Co., 77358–77359 Tennessee Gas Pipeline Co., 77360 Export Administration Bureau Texas Gas Transmission Corp., 77360–77361 NOTICES Transcontinental Gas Pipe Line Corp., 77361 Agency information collection activities: Transwestern Pipeline Co., 77361 Proposed collection; comment request, 77344–77345 Williams Gas Pipelines Central, Inc., 77361–77362
Federal Aviation Administration Federal Motor Carrier Safety Administration RULES NOTICES Airworthiness directives: Motor carrier safety standards: Bell, 77263–77282 Driver qualifications— Raytheon, 77259–77261 Aalvik, Darryl P., et al.; vision requirement exemptions S.N. Centrair, 77261–77263 denied, 77473–77484 Airworthiness standards: Special conditions— Food and Drug Administration Boeing Model 777-200 series airplanes, 77252–77259 NOTICES Class E5 airspace, 77282 Agency information collection activities: Reporting and recordkeeping requirements, 77383 Federal Communications Commission Submission for OMB review; comment request, 77383– RULES 77384 Radio stations; table of assignments: Food and Nutrition Service California, 77318 Pennsylvania, 77318–77319 RULES PROPOSED RULES Child nutrition programs: Radio stations; table of assignments: Women, infants, and children; special supplemental Colorado, 77338 nutrition program— NOTICES Certification integrity, 77245–77250 Agency information collection activities: Forest Service Proposed collection; comment request, 77380 Reporting and recordkeeping requirements, 77381 NOTICES Meetings: Environmental statements; notice of intent: Market entry barriers; policy forum, 77381 Helena National Forest, MT, 77340–77342 Meetings: Federal Emergency Management Agency Opal Creek Scenic Recreation Area Advisory Council, NOTICES 77342–77343 Disaster and emergency areas: Geological Survey Hawaii, 77381–77382 NOTICES Oklahoma, 77382 Agency information collection activities: Submission for OMB review; comment request, 77386 Federal Energy Regulatory Commission RULES Health and Human Services Department Natural Gas Policy Act: See Food and Drug Administration Interstate natural gas pipelines— See Substance Abuse and Mental Health Services Business practice standards, 77285–77292 Administration NOTICES NOTICES Electric rate and corporate regulation filings: Scientific misconduct findings; administrative actions: Dynegy Midwest Generation, Inc., et al., 77362–77364 Hartzer, Michael K., 77383 Environmental statements; availability, etc.: Indiana Michigan Power Co., 77364 Interior Department Hydroelectric applications, 77364–77365 See Geological Survey Meetings; Sunshine Act, 77365–77368 See Land Management Bureau Applications, hearings, determinations, etc.: See National Park Service Algonquin Gas Transmission Co., 77353 See Reclamation Bureau Bitter Creek Pipelines, LLC, 77353–77354 NOTICES Chandeleur Pipe Line Co., 77354 Boundary establishment, descriptions, etc.: Colorado Interstate Gas Co., 77354 Sandia Pueblo Grant, NM; eastern boundary survey, Columbia Gulf Transmission Co., 77354–77355 77385–77386
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Environmental statements, notice of intent: Pension Benefit Guaranty Corporation Central Utah Project— RULES Strawberry Valley Project; conversion of portion of Multiemployer and single-employer plans: water from irrigation to municipal and industrial Premium payments use, 77386 Correction, 77429 International Trade Administration Postal Service NOTICES RULES Export trade certificates of review, 77345–77347 International Mail Manual: Global Express Guaranteed services; postal rate changes, Justice Department 77302–77307 See Drug Enforcement Administration Presidential Documents Labor Department EXECUTIVE ORDERS See Employment Standards Administration Nuclear weapons workers, providing compensation for (EO See Mine Safety and Health Administration 13179), 77485–77490 NOTICES Traffic Organization; establishment (EO 13180), 77491– Agency information collection activities: 77494 Submission for OMB review; comment request, 77391– 77392 Public Health Service See Food and Drug Administration Land Management Bureau See Substance Abuse and Mental Health Services NOTICES Administration Agency information collection activities: Proposed collection; comment request, 77386–77389 Reclamation Bureau Realty actions; sales, leases, etc.: NOTICES Alaska, 77389 Environmental statements; availability, etc.: Nevada, 77389–77390 Keechelus Dam, Yakima Project, WA; dams modification safety, 77390–77391 Library of Congress See Copyright Office, Library of Congress Research and Special Programs Administration NOTICES Mine Safety and Health Administration Hazardous materials transportation: RULES Preemption determinations— Education and training: Kiesel Co., 77417–77419 Hazard communication (HazCom) Pipeline safety; waiver petitions: Hearing, 77292 Duke Energy, 77419–77422 National Credit Union Administration Tennessee Gas Pipeline Co., 77422–77424 NOTICES Rural Utilities Service Meetings; Sunshine Act, 77394 NOTICES National Highway Traffic Safety Administration Reports and guidance documents; availability, etc.: PROPOSED RULES Electric utility applications; combustion turbines; Reports and guidance documents; availability, etc.: environmental effects, 77343–77344 Transportation Recall Enhancement, Accountability, and Securities and Exchange Commission Documentation (TREAD); insurance study, 77339 NOTICES National Oceanic and Atmospheric Administration Agency information collection activities: RULES Proposed collection; comment request, 77395 Fishery conservation and management: Investment Company Act of 1940: Northeastern United States fisheries— Shares substitution applications— Atlantic herring, 77449–77472 AIG Life Insurance Co. et al., 77399–77402 American United Life Insurance Co. et al., 77396– National Park Service 77399 NOTICES Self-regulatory organizations; proposed rule changes: National Register of Historic Places: Chicago Board Options Exchange, Inc., 77403–77405 Pending nominations, 77390 National Association of Securities Dealers, Inc., 77405– 77407 Nuclear Regulatory Commission New York Stock Exchange, Inc., 77407–77413 NOTICES Options Clearing Corp., 77413 Environmental statements; availability, etc.: Philadelphia Stock Exchange, Inc., 77413–77416 Commonwealth Yankee Atomic Power Co. et al., 77394– Philadelphia Stock Exchange, Inc.; correction, 77429 77395 Applications, hearings, determinations, etc.: Public utility holding company filings, 77395–77396 Patent and Trademark Office NOTICES State Department Hague Conference on Private International Law; jurisdiction NOTICES and foreign judgments in civil and commercial matters; Committees; establishment, renewal, termination, etc.: convention; comment request, 77347 Shipping Coordinating Committee, 77416
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Meetings: Western Area Power Administration Shipping Coordinating Committee, 77416–77417 NOTICES Power rate adjustments: Substance Abuse and Mental Health Services Central Arizona Project, 77368–77372 Administration Salt Lake City Area Integrated Projects; firm power rate NOTICES formula adder, 77372–77373 Meetings: SAMHSA Special Emphasis Panels, 77384
Surface Transportation Board Separate Parts In This Issue RULES Fees: Licensing and related services; 2000 update, 77319– Part II 77322 Department of Education, 77431–77436 NOTICES Railroad operation, acquisition, construction, etc.: Texas Pacifico Transportation, Ltd., 77425 Part III Equal Employment Opportunity Commission, 77437–77447 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part IV Agreements Department of Commerce, National Oceanic and Thrift Supervision Office Atmospheric Administration, 77449–77472 NOTICES Agency information collection activities: Part V Proposed collection; comment request, 77427–77428 Department of Transportation, Federal Motor Carrier Safety Administration, 77473–77484 Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Part VI See National Highway Traffic Safety Administration The President, 77485–77490 See Research and Special Programs Administration See Surface Transportation Board Part VII Treasury Department The President, 77491–77494 See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Thrift Supervision Office NOTICES Reader Aids Agency information collection activities: Consult the Reader Aids section at the end of this issue for Submission for OMB review; comment request, 77425– phone numbers, online resources, finding aids, reminders, 77426 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.
3 CFR Executive Order 13179 ...... 77487 Executive Order 13180 ...... 77493 7 CFR 246...... 77245 Proposed Rules: 930...... 77323 12 CFR 19...... 77250 14 CFR 25...... 77252 39 (3 documents) ...... 77259, 77261, 77263 71...... 77282 15 CFR 801...... 77282 902...... 77450 18 CFR 284...... 77285 21 CFR Proposed Rules: 1308...... 77328 29 CFR 1625...... 77438 4006...... 77429 4007...... 77429 30 CFR 42...... 77292 47...... 77292 56...... 77292 57...... 77292 77...... 77292 34 CFR 373...... 77432 37 CFR 201...... 77292 Proposed Rules: 201...... 77330 39 CFR 20...... 77302 40 CFR 52 (2 documents) ...... 77307, 77308 81...... 77308 Proposed Rules: 55...... 77333 261...... 77429 47 CFR 73 (2 documents) ...... 77318 Proposed Rules: 73...... 77338 49 CFR 1002...... 77319 Proposed Rules: 571...... 77339 50 CFR 600...... 77450 648 (2 documents) ...... 77450, 77470
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Rules and Regulations Federal Register Vol. 65, No. 238
Monday, December 11, 2000
This section of the FEDERAL REGISTER village or served by an Indian tribal Risk Protection Act of 2000 allows contains regulatory documents having general organization and residing on a individuals residing in a remote Indian applicability and legal effect, most of which reservation or pueblo, to provide the or Native village or served by an Indian are keyed to and codified in the Code of name of the village and mailing address tribal organization and residing on a Federal Regulations, which is published under as proof of residency, and defines reservation or pueblo, to provide their 50 titles pursuant to 44 U.S.C. 1510. ‘‘remote Indian or Native village.’’ mailing address and name of the remote The Code of Federal Regulations is sold by Further, this final rule provides State Indian or Native village as proof of the Superintendent of Documents. Prices of agencies, in determining an applicant’s residency. This legislation defines new books are listed in the first FEDERAL eligibility for WIC, the option to exclude ‘‘remote Indian or Native village.’’ The REGISTER issue of each week. from consideration as income any cost- Agricultural Risk Protection Act of of-living allowance provided to military 2000, subsequently amended by the personnel who are on duty outside the Grain Standards and Warehouse DEPARTMENT OF AGRICULTURE contiguous United States. The intent of Improvement Act of 2000, also provides these provisions is to strengthen the State agencies, in determining an Food and Nutrition Service integrity of the WIC certification process applicant’s eligibility for WIC, the and to consider the needs of special option to exclude from consideration as 7 CFR Part 246 populations in determining eligibility income any cost-of-living allowance RIN 0584±AC76 for the WIC Program. provided to military personnel who are EFFECTIVE DATE: This rule is effective on duty outside the contiguous United Special Supplemental Nutrition January 10, 2001. States. These requirements, as set forth Program for Women, Infants and FOR FURTHER INFORMATION CONTACT: in this final rule, are reproduced Children (WIC): Certification Integrity Debbie Whitford at (703) 305–2746 verbatim from the legislation. Thus, AGENCY: Food and Nutrition Service, during regular business hours (8:30 a.m. they are considered nondiscretionary USDA. to 5 p.m.) Monday through Friday. provisions. ACTION: Final rule. SUPPLEMENTARY INFORMATION: Section 263 of the Agricultural Risk Protection Act of 2000 requires that FNS SUMMARY: This final rule adopts an 1. Why is This Regulation Necessary? promulgate regulations to implement interim rule amending 7 CFR part 246 On January 21, 2000, the Department the provisions as soon as practicable which was published on January 21, published an interim rule at 65 FR 3375 after the date of enactment without 2000, at 65 FR 3375 for the Special to implement three legislative regard to the Administrative Procedure Supplemental Nutrition Program for requirements in the William F. Goodling Act’s notice and comment provisions (5 Women, Infants and Children (WIC). Child Nutrition Reauthorization Act of U.S.C. 553); the State of Policy of the The interim rule and this final rule 1998, Public Law 105–336, 112 Stat. Secretary of Agriculture relating to implement three legislative 3143, enacted October 31, 1998, which notices of proposed rulemaking and requirements that affect the application affect the application and certification public participation in rulemaking and certification process for the WIC process. These provisions include, with effective July 24, 1971 (36 FR 13804); Program. These legislative requirements limited exceptions, that WIC agencies and the Paperwork Reduction Act (44 can be found in the William F. Goodling require WIC applicants and participants U.S.C., chapter 35). In addition, section Child Nutrition Reauthorization Act of to: (1) Provide proof or documentation 172 of Public Law 106–224 requires us 1998. In addition, this final rule of family income in cases where an to promulgate regulations to carry out implements several nondiscretionary individual is not determined the Act and its amendments not later legislative requirements in the adjunctively or automatically income than 120 days after the date of Agricultural Risk Protection Act of 2000 eligible; (2) provide proof or enactment, June 20, 2000. For these that also affect the WIC application and documentation of an applicant’s reasons, and because we are obligated certification process. One of these residency; and (3) physically present by law and have exercised no discretion provisions was subsequently amended themselves at the WIC clinic at in making the amendments set forth by by the Grain Standards and Warehouse certification. Comments were requested Public Law 106–224, we are not taking Improvement Act of 2000, Public Law by the Department on the interim rule. public comment prior to promulgation 106–472, enacted November 9, 2000. Comments received on the interim rule of this final rule. Therefore, this final rule adopts are discussed below. 2. What Comments Were Received on requirements that WIC applicants, Subsequently, legislation was enacted the Interim Rule and What Provisions except in limited circumstances, present on June 20, 2000, the Agricultural Risk Have Been Added as a Result of New documentation of family income at Protection Act of 2000, Public Law 106– Legislation? certification for those individuals who 224, 114 Stat. 224, which includes are not certified based on adjunctive several nondiscretionary provisions that A total of 24 comment letters, faxes income eligibility procedures; present also affect the WIC application and and emails were received on the interim proof of residency as part of a State certification process. One of these rule published on January 21, 1999, at agency’s system to prevent dual provisions was subsequently amended 65 FR 3375. Commenters were primarily participation; and, physically present by the Grain Standards and Warehouse WIC State and local agencies and staff. themselves at certification. In addition, Improvement Act of 2000, Public Law Other commenters represented industry, this final rule allows individuals 106–472, 114 Stat. 2058, enacted on a professional health or nutrition-related residing in a remote Indian or Native November 9, 2000. The Agricultural group, and the general public. In
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Amount of Amount of Adjusted U.S. Code citation Description Maximum increase increase maximum penalty (6.1 percent) after rounding penalty
12 U.S.C. 93(b), 504, 1817(j)(16), Tier 1 ...... 5,500 336 ...... 5,500 1818(i)(2), and 1972(2)(F). Tier 2 ...... 27,500 1,678 ...... 27,500 Tier 3 ...... 1,100,000 67,100 75,000 1,175,000 12 U.S.C. 164 and 3110(c) ...... Tier 1 ...... 2,000 a 678 200 2,200 Tier 2 ...... 22,000 1,342 ...... 22,000 Tier 3 ...... 1,100,000 67,100 75,000 1,175,000 12 U.S.C. 1832(c) and 3909(d)(1) ...... 1,100 67 ...... 1,100 12 U.S.C. 1884 ...... 110 7 ...... 110 12 U.S.C. 3110(a) ...... 27,500 1,678 ...... 27,500 15 U.S.C. 78u±2(b) ...... Tier 1 (natural person) ...... 5,500 336 ...... 5,500 Tier 1 (other person) ...... 55,000 3,355 5,000 60,000 Tier 2 (natural person) ...... 55,000 3,355 5,000 60,000 Tier 2 (other person) ...... 275,000 16,775 25,000 300,000 Tier 3 (natural person) ...... 110,000 6,710 10,000 120,000 Tier 3 (other person) ...... 550,000 33,550 25,000 575,000 42 U.S.C. 4012a(f)(5) ...... Per violation ...... 350 b 43 ...... 350 Per year ...... 105,000 6,405 10,000 115,000 a This penalty was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Pub. L. 101±73, 103 Stat. 183 (August 9, 1989). The amount did not change when the OCC adjusted the CMPs for inflation in 1997. Therefore, the percentage increase was calculated by comparing the CPI±U for June 1989 (124.1) to the CPI±U for June 1999 (166.2), resulting in an inflation adjustment of 33.9 per- cent. The corresponding dollar amount is $678, which would be rounded to an increase of $1,000. However, according to the Inflation Adjust- ment Act, the initial adjustment of a CMP may not exceed 10 percent of such penalty. Thus, the amount of the increase is capped at $200. b This penalty was enacted in the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA). Pub. L. 103±325, 108 Stat. 2160 (September 23, 1994). The amount did not change when the OCC adjusted the CMPs for inflation in 1997. Therefore, the percentage increase was calculated by comparing the CPI±U for June 1994 to the CPI±U for June 1999, resulting in an increase of 12.3 percent.
Section 19.241 states that the with the delayed effective date. The Executive Order 12866 adjustments made in section 19.240 amendment adopted in this regulation apply only to violations that occur after does not substantively affect the rights The OCC has determined that this December 11, 2000. or obligations of national banks, nor final rule is not a significant regulatory The OCC intends to readjust these does it impose any new compliance action under Executive Order 12866. amounts in the year 2004 and every four requirements upon them. It merely Unfunded Mandates Reform Act of years thereafter, assuming there are no adjusts the maximum amounts of civil 1995 further changes to the mandate imposed penalties according to a predetermined by the Inflation Adjustment Act. formula. Moreover, the timing of the The OCC has determined that this adjustment is set by operation of the law final rule will not result in expenditures Public Notice and Comment and that requires the OCC to publish by state, local, and tribal governments, Delayed Effective Date Not Required regulations every four years following or by the private sector, of $100 million Under the Administrative Procedure the initial adjustment.9 Under these or more in any one year. Accordingly, Act (APA), an agency may dispense circumstances, the OCC finds good a budgetary impact statement is not with public notice and an opportunity cause to dispense with the APA and required under section 202 of the for comment if the agency finds, for RCDRIA delayed effective date Unfunded Mandates Reform Act of good cause, that these procedural provisions. Accordingly, the adjustment 1995. requirements are ‘‘impracticable, to the OCC’s civil penalty schedule is List of Subjects in 12 CFR Part 19 unnecessary, or contrary to the public effective immediately upon publication interest.’’ 7 As described earlier in the in the Federal Register. Administrative practice and Supplementary Information, the Debt procedure, Crime, Equal access to Collection Act provides the OCC no Regulatory Flexibility Act justice, Investigations, National banks, discretion in calculating the amount of The Regulatory Flexibility Act applies Penalties, Securities. the civil penalty adjustment. The OCC only to rules for which an agency Authority and Issuance is, accordingly, unable to vary the publishes a general notice of proposed amount of the adjustment to reflect any rulemaking pursuant to 5 U.S.C. For the reasons set out in the views or suggestions provided by 553(b).10 Because the OCC has preamble, part 19 of chapter I of title 12 commenters. In that case, notice and determined for good cause that the APA of the Code of Federal Regulations is comment are unnecessary, and there is, does not require public notice and amended as follows: in the opinion of the OCC, good cause comment on this final rule, we are not to dispense with those procedures. publishing a general notice of proposed PART 19ÐRULES OF PRACTICE AND Both the APA and the RCDRIA rulemaking. Thus, the Regulatory PROCEDURE require that the effective date of the Flexibility Act does not apply to this 8 1. The authority citation for part 19 is OCC’s regulations generally be delayed. final rule. Both statutes contain exceptions if the revised to read as follows: agency finds good cause to dispense 9 The Inflation Adjustment Act required the Authority: 5 U.S.C. 504, 554–557; 12 initial adjustment to be made within 180 days U.S.C. 93a, 93(b), 164, 505, 1817, 1818, 1820, 7 5 U.S.C. 553(b)(B). following enactment of the statute, that is, by 1831o, 1972, 3102, 3108(a), 3909 and 4717; 8 See 5 U.S.C. 553(d)(APA), 12 U.S.C. 4802 October 23, 1996. 15 U.S.C. 78(h) and (i), 78o–4(c), 78o–5, 78q– (RCDRIA). 10 See 5 U.S.C. 601(2). 1, 78u, 78u–2, 78u–3, and 78w; 28 U.S.C.
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2461 note; 31 U.S.C. 330 and 5321; and 42 Subpart OÐCivil Money Penalty jurisdiction is adjusted in accordance U.S.C. 4012a. Inflation Adjustments with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 2. Subpart O is revised to read as § 19.240 Inflation adjustments. U.S.C. 2461 note) as follows: follows: The maximum amount of each civil money penalty within the OCC’s
Adjusted U.S. Code citation Description maximum penalty
12 U.S.C. 93(b), 504, 1817(j)(16), 1818(i)(2), and 1972(2)(F) ..... Tier 1 ...... 5,500 Tier 2 ...... 27,500 Tier 3 ...... 1,175,000 12 U.S.C. 164 and 3110(c) ...... Tier 1 ...... 2,200 Tier 2 ...... 22,000 Tier 3 ...... 1,175,000 12 U.S.C. 1832(c) and 3909(d)(1) ...... 1,100 12 U.S.C. 1884 ...... 110 12 U.S.C. 3110(a) ...... 27,500 15 U.S.C. 78u±2(b) ...... Tier 1 (natural person) ...... 5,500 Tier 1 (other person) ...... 60,000 Tier 2 (natural person) ...... 60,000 Tier 2 (other person) ...... 300,000 Tier 3 (natural person) ...... 120,000 Tier 3 (other person) ...... 575,000 42 U.S.C. 4012a(f)(5) ...... Per violation ...... 350 Per year ...... 115,000
§ 19.241 Applicability. for this design feature. These special crew rest compartment that will be The adjustments in § 19.240 apply to conditions contain the additional safety occupied only in flight, not during taxi, violations that occur after December 11, standards that the Administrator takeoff, or landing. considers necessary to establish a level 2000. Type Certification Basis Dated: December 1, 2000. of safety equivalent to that established by the existing airworthiness standards. Under the provisions of § 21.101, John D. Hawke, Jr., EFFECTIVE DATE: December 1, 2000. Flight Structures, Inc., must show that Comptroller of the Currency. the Boeing Model 777–200 series FOR FURTHER INFORMATION CONTACT: [FR Doc. 00–31165 Filed 12–8–00; 8:45 am] airplane, as changed, continues to meet Jayson Claar, FAA, Transport Standards BILLING CODE 4810±33±P the applicable provisions of the Staff, ANM–115, Transport Airplane regulations incorporated by reference in Directorate, 1601 Lind Avenue SW., Type Certificate No. T00001SE or the Renton, Washington, 98055–4056; DEPARTMENT OF TRANSPORTATION applicable regulations in effect on the telephone (425) 227–2194; facsimile date of application for the change. The Federal Aviation Administration (425) 227–1320. regulations incorporated by reference in SUPPLEMENTARY INFORMATION: the type certificate are commonly 14 CFR Part 25 Background referred to as the ‘‘original type certification basis.’’ The regulations [Docket No. NM175; Special Conditions No. On June 25, 1999, Flight Structures, 25±169±SC] incorporated by reference in Type Inc., 4407 172 Street NE, Arlington, Certificate No. T00001SE for the Boeing Special Conditions: Boeing Model 777± Washington, 98223, applied for a Model 777–200 series airplanes include 200 Series Airplanes; Overhead Crew supplemental type certificate to install 14 CFR part 25, as amended by Rest Compartment an overhead crew rest compartment in Amendments 25–1 through 25–82. The Boeing Model 777–200 series airplanes. U.S. type certification basis for the AGENCY: Federal Aviation The Boeing Model 777–200 series Boeing Model 777–200 series airplanes Administration (FAA), DOT. airplane is a large twin-jet engine is established in accordance with 14 ACTION: Final special conditions. transport airplane with four pairs of CFR 21.29 and 21.17 and the type Type A exits, a passenger capacity of certification application date. The type SUMMARY: These special conditions are 440, and a range of 5000 miles. The certification basis is listed in Type issued for the Boeing Model 777–200 overhead crew rest compartment is a Certificate Data Sheet No. T00001SE. series airplanes, modified by Flight single compartment located above the If the Administrator finds that the Structures, Inc. The modification main passenger compartment in the applicable airworthiness regulations consists of the installation of a crew rest vicinity of door three. The crew rest (i.e., part 25) do not contain adequate or compartment located in the vicinity of compartment will contain eight private appropriate safety standards for the door three in the overhead area of the bunks and two seats, and is to be Model 777–200 series airplanes because passenger compartment. The crew rest certified for a maximum of ten of a novel or unusual design feature, compartment is to be certified for a occupants. A stairwell entering from the special conditions are prescribed under maximum of ten occupants for use only door three aisle is the main entry. Two the provisions of § 21.16. during flight. The applicable escape hatches are located on either side In addition to the applicable airworthiness regulations do not contain of the entryway door. These special airworthiness regulations and special adequate or appropriate safety standards conditions are written for an overhead conditions, Boeing Model 777–200
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Discussion of the Special Conditions will not be essential to be visible from satisfactorily perform the function of In general, the requirements listed in every possible location in the crew rest extinguishing a fire under the these special conditions are similar to area; however, the location should not prescribed conditions. The manually those previously approved in earlier be easily obscured or remotely located. activated fire containment system Since the overhead crew rest certification programs, such as the would be required only if it could not compartment is remotely located from Boeing Model 747 overhead crew rest be demonstrated that a crewmember the main passenger cabin and will not compartment. These special conditions responding to the alarm could not locate always be occupied, a smoke detection establish seating, communication, the fire source and successfully system and fire-fighting equipment will lighting, personal safety, and evacuation extinguish the fire. be required to minimize the hazards requirements for the overhead crew rest These special conditions provide the associated with a fire in the crew rest regulatory requirements necessary for compartment. When applicable, the compartment. The smoke detection requirements parallel the existing certification of this modification. Other system must be capable of detecting a special conditions may be developed, as requirements for a lower deck service fire in each area of the compartment compartment and provide an equivalent needed, based on further FAA review created by the installation of a curtain and discussions with the applicant, level of safety to that provided for main or partition. The materials in the crew deck occupants. manufacturer, and civil aviation rest compartment must meet the authorities. Seats and berths must be certified to flammability requirements of the maximum flight loads. Due to the § 25.853(a), and the mattresses must Applicability location and configuration of the crew meet the fire blocking requirements of As discussed above, these special rest compartment, occupancy during § 25.853(c). conditions are applicable to Boeing taxi, takeoff, and landing would be The crew rest compartment must be Model 777–200 series airplanes. Should prohibited, and occupancy limited to designed such that fires within the Flight Structures, Inc., apply at a later crewmembers during flight. Occupancy compartment can be controlled without date for a supplemental type certificate would be limited to either ten persons, having to enter the compartment; or, the to modify any other model included on or the combined total of approved seats design of the access provisions must Type Certificate No. T00001SE to and berths, whichever is less. allow crew equipped for fire fighting to incorporate the same novel or unusual To preclude occupants from being have unrestricted access to the design feature, the special conditions trapped in the crew rest compartment in compartment. The time for a would apply to that model as well the event the main entryway is blocked, crewmember on the main deck to react under the provisions of § 21.101(a)(1). two evacuation routes, including the to the fire alarm, to don the fire fighting entryway, would be required. Each equipment, and to gain access must not Conclusion evacuation route must be designed to exceed the time for the crew rest This action affects only certain novel allow for removal of an incapacitated compartment to become smoke filled, or unusual design features on Boeing person from the crew rest compartment making it difficult to locate the fire Model 777–200 series airplanes. It is not to the main deck. source. If the means of controlling the a rule of general applicability, and it In addition, passenger information fire within the compartment is a Halon affects only the applicant who applied signs, supplemental oxygen, and a seat 1301 or equivalent fire suppression to the FAA for approval of these features or berth for each occupant of the crew system, the system should be designed on the airplane. rest compartment would be required. similar to a cargo compartment fire These items are necessary because of suppression system. Advisory Circular List of Subjects in 14 CFR Part 25 turbulence and/or decompression. 120–42, titled ‘‘Extended Range Aircraft, Aviation safety, Reporting To prevent the occupants from being Operation With Two-Engine Airplanes and recordkeeping requirements. isolated in a dark area due to loss of the (ETOPS)’’ provides guidance on fire The authority citation for these crew rest compartment lighting, either a suppression systems in cargo special conditions is as follows: second independent source of normal compartments. lighting or emergency lighting would be This special condition requirement Authority: 49 U.S.C. 106(g), 40113, 44701, required. An emergency lighting system, concerning fires within the 44702, 44704. which is activated under the same compartment was developed for, and The Special Conditions conditions as the main deck emergency applied to, Boeing Model 777–200 and lighting system, would also be required. Model 777–300 series airplanes lower Accordingly, pursuant to the Two-way voice communications and lobe crew rest compartment; it was not authority delegated to me by public address speaker(s) would be applied to the overhead crew rest Administrator, the following special required to alert the occupants to an compartment in earlier certification conditions are issued as part of the type inflight emergency. Also, a system to programs such as the Boeing Model 747. certification basis for Boeing Model alert the occupants of the crew rest The Model 747 special conditions were 777–200 series airplanes, as modified by compartment in the event of issued before the new flammability Flight Structures, Inc., with overhead decompression and to don oxygen requirements were developed. This crew rest compartments. masks would be required. requirement originated from a concern 1. Occupancy of the overhead crew Special condition No. 8 requires a that a fire in an unoccupied crew rest rest compartment is limited to a means, readily detectable by seated or compartment could spread into the maximum of ten occupants. There must standing occupants of the crew rest passenger compartment, or affect other be an approved seat or berth able to compartment, which indicates when vital systems, before it could be withstand the maximum flight loads seat belts should be fastened. The extinguished. The special condition when occupied for each occupant requirement for visibility of the sign by would require either the installation of permitted in the crew rest compartment. standing occupants may be met by a a manually activated fire containment (a) There must be appropriate general area sign that is visible to system that is accessible from outside placards, inside and outside to indicate: occupants standing in the main floor the crew rest compartment, or a (1) The maximum number of area or corridor of the crew rest area. It demonstration that the crew could occupants allowed,
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(2) That occupancy is restricted to occupants must be established and flight attendant station required to have crewmembers that are trained in the transmitted to the operators for a public address system microphone per evacuation procedures for the overhead incorporation into their training § 25.1423(g) in the passenger cabin. crew rest compartment, programs and appropriate operational 7. There must be a means for manual (3) That occupancy is prohibited manuals. activation of an aural emergency alarm during taxi, take-off and landing, and (d) There must be a limitation in the system, audible during normal and (4) That smoking is prohibited in the Airplane Flight Manual or other suitable emergency conditions, to enable crew rest compartment. means requiring that crewmembers be crewmembers on the flight deck and at (b) There must be at least one ashtray trained in the use of evacuation routes. each pair of required floor level on the inside and outside of any 3. There must be a means for the emergency exits to alert occupants of entrance to the crew rest compartment. evacuation of an incapacitated person the crew rest compartment of an (c) There must be a means to prevent (representative of a ninety-fifth emergency situation. Use of a public passengers from entering the percentile male) from the crew rest address or crew interphone system will compartment in the event of an compartment to the passenger cabin be acceptable, providing an adequate emergency or when no flight attendant floor. The evacuation must be means of differentiating between normal is present. demonstrated for all evacuation routes. and emergency communications is (d) There must be a means for any A flight attendant or other crewmember incorporated. The system must be door installed between the crew rest (a total of one assistant) may provide powered in flight, after the shutdown or compartment and passenger cabin to be assistance in the evacuation. Procedures failure of all engines and auxiliary capable of being quickly opened from for the evacuation of an incapacitated power units, or the disconnection or inside the compartment, even when person from the crew rest compartment failure of all power sources dependent crowding occurs at each side of the must be established. on their continued operation, for a door. 4. The following signs and placards period of at least ten minutes. (e) For all doors installed, there must must be provided in the crew rest 8. There must be a means, readily be a means to preclude anyone from compartment: detectable by seated or standing being trapped inside the compartment. (a) At least one exit sign, located near occupants of the crew rest compartment, If a locking mechanism is installed, it each exit, meeting the requirements of which indicates when seat belts should must be capable of being unlocked from § 25.812(b)(1)(i). be fastened. Seat belt type restraints the outside without the aid of special (b) An appropriate placard defining must be provided for berths and must be tools. The lock must not prevent the location and the operating compatible for the sleeping attitude opening from the inside of the instructions for each evacuation route. during cruise conditions. There must be compartment at any time. (c) Placards must be readable from a a placard on each berth requiring that 2. There must be at least two distance of 30 inches under emergency seat belts must be fastened when emergency evacuation routes that could lighting conditions. occupied. If compliance with any of the be used by each occupant of the crew (d) The exit handles and evacuation other requirements of these special rest compartment to rapidly evacuate to path operating instruction placards conditions is predicated on specific the main cabin. In addition— must be illuminated to at least 160 head location, there must be a placard (a) The routes must be located with microlamberts under emergency lighting identifying the head position. In the sufficient separation within the conditions. event there are no seats, at least one sign compartment, and between the 5. There must be a means in the event must be provided to cover anticipated evacuation routes, to minimize the of failure of the airplane’s main power turbulence. possibility of an event rendering both system, or of the normal crew rest 9. The following equipment must be routes inoperative. compartment lighting system, for provided in the crew rest compartment: (b) The routes must be designed to emergency illumination to be (a) At least one approved hand-held minimize the possibility of blockage, automatically provided for the crew rest fire extinguisher appropriate for the which might result from fire, compartment. kinds of fires likely to occur; mechanical or structural failure, or (a) This emergency illumination must (b) One protective breathing persons standing below or against the be independent of the main lighting equipment device approved to escape route. One of two evacuation system. Technical Standard Order (TSO)–C116 routes may not be located where, during (b) The sources of general cabin or equivalent, suitable for fire fighting; times in which occupancy is allowed, illumination may be common to both and normal movement by passengers occurs the emergency and the main lighting (c) One flashlight. (i.e., main aisle, cross aisle, or galley systems if the power supply to the 10. A smoke detection system (or complex) that would impede egress of emergency lighting system is systems) must be provided that the crew rest compartment. If there is independent of the power supply to the monitors each area within the crew rest low headroom at or near the evacuation main lighting system. compartment, including those areas route, provisions must be made to (c) The illumination level must be partitioned by curtains. Flight tests must prevent or to protect occupants from sufficient for the occupants of the crew be conducted to show compliance with head injury. The use of evacuation rest compartment to locate and transfer this requirement. Each system (or routes must not be dependent on any to the main passenger cabin floor by systems) must provide: powered device. If the evacuation means of each evacuation route. (a) A visual indication to the flight procedure involves the evacuee 6. There must be means for two-way deck within one minute after the start of stepping on seats, the seats must not be voice communications between the a fire; damaged to the extent that they would crewmembers on the flight deck and the (b) An aural warning in the crew rest not be acceptable for occupancy during occupants of the crew rest compartment. compartment; and an emergency landing. There must also be two-way (c) A warning in the main passenger (c) Emergency evacuation procedures communications between the occupants cabin. This warning must be readily and the evacuation of incapacitated of the crew rest compartment and each detectable by a flight attendant, taking
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Total cost on U.S. Labor cost Parts cost Total cost per glider operators
2 workhours × $60 per hour = No parts required for the inspec- $120 per glider ...... $120 × 41 = $4,920. $120. tion.
We estimate the following costs to accomplish the replacement of the airbrake control system if necessary:
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Labor cost Parts cost Total cost per glider
2 workhours × $60 per hour = $240 ...... $100 per glider ...... $340 per glider.
Compliance Time of This AD have federalism implications under the Federal Aviation Administration Executive Order 13132. amends part 39 of the Federal Aviation Why Is the Compliance Time in Regulations (14 CFR part 39) as follows: Calendar Time? Does This AD Involve a Significant Rule or Regulatory Action? The compliance time of this AD is in PART 39ÐAIRWORTHINESS calendar time instead of hours time-in- For the reasons discussed above, I DIRECTIVES service (TIS). The average monthly use certify that this action (1) is not a ‘‘significant regulatory action’’ under 1. The authority citation for part 39 of the affected gliders ranges throughout continues to read as follows: the fleet. For example, one owner may Executive Order 12866; (2) is not a operate the glider 25 hours TIS in one ‘‘significant rule’’ under DOT Authority: 49 U.S.C. 106(g), 40113, 44701. Regulatory Policies and Procedures (44 week, while another operator may § 39.13 [Amended] operate the glider 25 hours TIS in one FR 11034, February 26, 1979); and (3) year. In order to ensure that all of the will not have a significant economic 2. FAA amends § 39.13 by adding a owners/operators of the affected glider impact, positive or negative, on a new AD to read as follows: have inspected the airbrake control substantial number of small entities 2000–24–23 S.N. Centrair: Amendment 39– system within a reasonable amount of under the criteria of the Regulatory 12030; Docket No. 2000–CE–49–AD. time, the FAA is utilizing a compliance Flexibility Act. A copy of the final (a) What gliders are affected by this AD? time of 60 calendar days after the evaluation prepared for this action is This AD affects Models 101, 101A, 101P, and effective date of this AD. contained in the Rules Docket. A copy 101AP gliders, all serial numbers up to but of it may be obtained by contacting the not including 101A0628, certificated in any Regulatory Impact Rules Docket at the location provided category. Does This AD Impact Various Entities? under the caption ADDRESSES. (b) Who must comply with this AD? Anyone who wishes to operate any of the The regulations adopted herein will List of Subjects in 14 CFR Part 39 above gliders must comply with this AD. not have a substantial direct effect on Air transportation, Aircraft, Aviation (c) What problem does this AD address? the States, on the relationship between safety, Incorporation by reference, The actions specified by this AD are intended to detect cracks in the airbrake control the national government and the States, Safety. system and replace cracked parts with parts or on the distribution of power and Adoption of the Amendment of improved design. responsibilities among the various (d) What actions must I accomplish to levels of government. Therefore, it is Accordingly, under the authority address this problem? To address this determined that this final rule does not delegated to me by the Administrator, problem, you must do the following actions:
Actions Compliance times Procedures
(1) Inspect the system for cracks ...... Within the next 60 calendar days after Janu- Do this action following S.N. CENTRAIR ary 27, 2001 (the effective date of this AD), Service Bulletin No. 101±16, Revision 3, and then every 12 calendar months inspec- dated February 2, 1999. tion. (2) If you detect cracks, replace airbrake control Before further flight after the inspection ...... Do this action following the S.N. CENTRAIR system. maintenance manual. (i) For gliders equipped with manual aileron and airbrake control systems, install S.N. CENTRAIR part number (P/N) $YO57D or an FAA-approved equivalent part number. (ii) For gliders equipped with an automatic aileron and airbrake control system, in- stall S.N. CENTRAIR P/N $Y818E or an FAA-approved equivalent part number. (3) You may stop the repetitive inspection re- Before further flight if found cracked as re- Not applicable. quirement of this AD by replacing the air quired by paragraph (d)(2) of this AD; or. brake control system with the applicable part At any time if the part is not cracked ...... referenced in this AD. (4) You may not install any airbrake control As of January 27, 2001 (the effective date of Not applicable. system that is not of the applicable part num- this AD). bers referenced in paragraphs (d)(2)(i) and (d)(2)(ii) of this AD.
(e) Can I comply with this AD in any other (2) The Manager, Small Airplane Note 1: This AD applies to each glider way? You may use an alternative method of Directorate, approves your alternative. identified in paragraph (a) of this AD, compliance or adjust the compliance time if: Submit your request through an FAA regardless of whether it has been modified, (1) Your alternative method of compliance Principal Maintenance Inspector, who may altered, or repaired in the area subject to the provides an equivalent level of safety; and add comments and then send it to the requirements of this AD. For gliders that have Manager, Small Airplane Directorate. been modified, altered, or repaired so that the
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‘‘Comments to Docket No. 2000–SW– Helicopters; Southern Helicopter, Inc.; Model 204B, 205A, 205A–1, 205B, or 212 42–AD.’’ The postcard will be date Southwest Florida Aviation; Arrow helicopter, determine the accumulated RIN stamped and returned to the Falcon Exporters, Inc. (Previously Utah in accordance with the AD’s issued for those commenter. State University); U.S. Helicopter, Inc.; helicopters. and Western International Aviation, (iii) Record the accumulated RIN and The regulations adopted herein will Inc.: Amendment 39–12034. Docket No. revised hours TIS for the mast on the not have a substantial direct effect on 2000–SW–42–AD. Supersedes component history card or equivalent record. the States, on the relationship between Emergency AD 2000–08–53, Docket No. Use the revised hours TIS as the new hours the national Government and the States, 2000–SW–08–AD and AD 89–17–03, TIS for the mast. or on the distribution of power and Amendment 39–6251, Docket No. 88– (3) Before further flight after accomplishing responsibilities among the various ASW–33. the requirements of paragraph (a)(2) of this levels of government. Therefore, it is Applicability: Model HH–1K, TH–1F, TH– AD, remove from service any mast that has determined that this final rule does not 1L, UH–1A, UH–1B, UH–1E, UH–1F, UH–1H, accumulated 265,000 or more RIN or 15,000 UH–1L, and UH–1P; and Southwest Florida or more revised hours TIS and identify the have federalism implications under mast as unairworthy. Replace the mast with Executive Order 13132. Aviation SW204, SW204HP, SW205, and SW205A–1 helicopters, manufactured by Bell an airworthy mast. The FAA has determined that this Helicopter Textron Inc. (BHTI) for the Armed (4) Within 25 hours TIS, remove any hub regulation is an emergency regulation Forces of the United States, with main rotor spring installed on any affected helicopter. that must be issued immediately to mast (mast), part number (P/N) 204–011– Note 4: U.S. Army Modification Work correct an unsafe condition in aircraft, 450–007, –105, or –109, or main rotor Order (MWO) 55–1520–242–50–1 pertains to and that it is not a ‘‘significant trunnion (trunnion), P/N 204–011–105–001, the removal of the hub spring and regulatory action’’ under Executive installed, certificated in any category. replacement of any required parts. U.S. Army Order 12866. It has been determined Note 1: This AD applies to each helicopter Safety of Flight Message UH–1–00–10 dated further that this action involves an identified in the preceding applicability July 19, 2000, also pertains to the subject of this AD. emergency regulation under DOT provision, regardless of whether it has been Regulatory Policies and Procedures (44 otherwise modified, altered, or repaired in (5) Determine whether a mast with S/N the area subject to the requirements of this 00000 through 52720, 61433 through 61444, FR 11034, February 26, 1979). If it is AD. For helicopters that have been modified, or 61457 through 61465 (regardless of prefix), determined that this emergency altered, or repaired so that the performance has ever been installed on a helicopter while regulation otherwise would be of the requirements of this AD is affected, the operated with a hub spring. significant under DOT Regulatory owner/operator must request approval for an (i) If a mast has never been installed on a Policies and Procedures, a final alternative method of compliance in helicopter while operated with a hub spring, regulatory evaluation will be prepared accordance with paragraph (c) of this AD. before reaching 100,000 RIN, inspect the and placed in the Rules Docket. A copy The request should include an assessment of upper and lower snap ring grooves in the of it, if filed, may be obtained from the the effect of the modification, alteration, or damper clamp splined area for: repair on the unsafe condition addressed by (A) A minimum radius of 0.020 inch Rules Docket at the location provided this AD; and if the unsafe condition has not around the entire circumference (see Figures under the caption ADDRESSES. been eliminated, the request should include 1 and 2), using a 100 × or higher List of Subjects in 14 CFR Part 39 specific proposed actions to address it. magnification. If any snap ring groove radius Compliance: Required as indicated, unless is less than 0.020 inch, identify the mast as Air transportation, Aircraft, Aviation accomplished previously. unairworthy and replace it with an airworthy safety, Safety. Note 2: This AD requires using new factors mast before exceeding 100,000 RIN. (B) A burr (see Figures 1 through 3), using Adoption of the Amendment to recalculate the FACTORED flight hours × and the accumulated Retirement Index a 200 or higher magnification. If a burr is found in any snap ring groove/spline Accordingly, pursuant to the Number (RIN) for masts installed on certain helicopter models. This AD also expands the intersection, identify the mast as unairworthy authority delegated to me by the and replace it with an airworthy mast before Administrator, the Federal Aviation serial number (S/N) applicability for the one- time special inspection of the mast. exceeding 170,000 RIN. Administration amends part 39 of the (ii) If a mast has ever been installed on a Federal Aviation Regulations (14 CFR To prevent failure of a mast or trunnion, helicopter while operated with a hub spring separation of the main rotor system, and part 39) as follows: or if the history of a hub spring installation subsequent loss of control of the helicopter, is unknown, before reaching 100,000 RIN or accomplish the following: 400 unfactored flight hours, whichever PART 39ÐAIRWORTHINESS (a) For the mast, P/N 204–011–450–007, DIRECTIVES occurs first, inspect the upper and lower –105, or –109: snap ring grooves in the damper clamp 1. The authority citation for part 39 Note 3: The next higher assembly level for splined area for: continues to read as follows: the affected P/N’s are the 204–040–366 mast (A) A minimum radius of 0.020 inch assemblies. Check the aircraft records for the around the entire circumference (see Figures Authority: 49 U.S.C. 106(g), 40113, 44701. appropriate P/N and assembly level. 1 and 2), using a 100 × or higher magnification. If any snap ring groove radius § 39.13 [Amended] (1) Within 10 hours time-in-service (TIS), create a component history card or is less than 0.020 inch, identify the mast as 2. Section 39.13 is amended by equivalent record for the mast. unairworthy and replace it with an airworthy removing Amendment 39–6251 (54 FR (2) Within 10 hours TIS, determine and mast before further flight. record the accumulated RIN and revised (B) A burr (see Figures 1 through 3), using 31935, August 3, 1989) and by adding × a new airworthiness directive to read as hours TIS for the mast as follows: a 200 or higher magnification. If a burr is found in any snap ring groove/spline follows: (i) Review the aircraft maintenance records for the mast. If the helicopter model intersection, identify the mast as unairworthy 2000–22–51 Firefly Aviation Helicopter installation history or hours TIS of the mast and replace it with an airworthy mast before Services (Previously Erickson Air–Crane is unknown, remove the mast from service, further flight. Co.); Garlick Helicopters, Inc.; Hawkins identify the mast as unairworthy, and replace (6) After accomplishing the requirements and Powers Aviation, Inc.; International it with an airworthy mast before further of paragraph (a)(2) of this AD, continue to Helicopters, Inc.; Tamarack Helicopters, flight. calculate the accumulated RIN for the mast Inc. (Previously Ranger Helicopter (ii) Determine the accumulated RIN and by multiplying all takeoff and external load Services, Inc.); Robinson Air Crane, Inc.; the revised hours TIS in accordance with the lifts by the RIN factors defined in columns Williams Helicopter Corporation Instructions in Appendix 1. For those hours (D) and (G) of Table 1 of Appendix 1 of this (Previously Scott Paper Co.); Smith TIS the mast has been installed on a BHTI AD.
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(7) After accomplishing the requirements (8) This AD establishes a retirement life of Manager, Rotorcraft Certification Office, of paragraph (a)(2) of this AD, continue to 265,000 accumulated RIN or 15,000 hours Federal Aviation Administration, Fort Worth, count the hours TIS for the mast. Any hours TIS, whichever occurs first, for mast, P/N Texas 76193–0170, USA. Reporting TIS for the mast while installed on a 204–011–450–007, –105, and –109. requirements have been approved by the helicopter operated with a hub spring or if (9) Within 10 days after completing the Office of Management and Budget and the history of a hub spring installation is inspections required by paragraph (a)(5) of assigned OMB control number 2120–0056. unknown must be factored in accordance this AD, send the information contained on with the instructions in Appendix 1 of this the AD compliance inspection report sample BILLING CODE 4910±13±P AD. format contained in Appendix 2 to the
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BILLING CODE 4910±13±C
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(b) For the trunnion, P/N 204–011–105– Note 5: Paragraph (b) of this AD continues obtained from the Manager, Rotorcraft 001: the requirements of the superseded AD for Certification Office. (1) Within 10 days, create a component the trunnion. (d) Special flight permits may be issued in history card or equivalent record for the (c) An alternative method of compliance or accordance with 14 CFR 21.197 and 21.199 trunnion and record the hours TIS adjustment of the compliance time that to operate the helicopter to a location where accumulated on the trunnion. If the TIS provides an acceptable level of safety may be the requirements of this AD can be cannot be determined, enter 900 hours for used if approved by the Manager, Rotorcraft accomplished. each year from the date the trunnion was Certification Office, FAA. Operators shall (e) This amendment becomes effective on installed. submit their request through an FAA December 26, 2000, to all persons except (2) Remove any trunnion with 14,900 or Principal Maintenance Inspector, who may those persons to whom it was made more hours TIS from service within the next concur or comment and then send it to the immediately effective by Emergency AD 100 hours TIS. Manager, Rotorcraft Certification Office. 2000–22–51, issued November 2, 2000, (3) Remove any trunnion with less than Note 6: Information concerning the which contained the requirements of this 14,900 hours TIS from service at or before existence of approved alternative methods of amendment. 15,000 hours TIS. compliance with this AD, if any, may be BILLING CODE 4910±13±P
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APPENDIX 1
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BILLING CODE 4910±13±C
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Appendix 2 airspace legal description must be § 71.1 [Amended] Appendix 2 to AD 2000–22–51 amended. This rule will become 2. The incorporation by reference in effective on the date specified in the 14 CFR 71.1 of Federal Aviation AD Compliance Inspection Report (Sample EFFECTIVE DATE section. Since this action Administration Order 7400.9H, Format) P/N 204–011–450–007/–105/–109 has no impact on users of the airspace Main Rotor Mast Airspace Designations and Reporting in the vicinity of Meridian NAS-McCain Points, dated September 1, 2000, and Provide the following information and mail Field, notice and public procedure effective September 16, 2000, is or fax it to: Manager, Rotorcraft Certification under 5 U.S.C. 553(b) are unnecessary. Office, Federal Aviation Administration, Fort amended as follows: Worth, Texas 76193–0170, USA, Fax: 817– Class E airspace designations for 222–5783. airspace areas extending upward from Paragraph 6005 Class E Airspace Areas Aircraft Registration No: 700 feet or more above the surface of the Extending Upward from 700 Feet or More Helicopter Model: earth are published in paragraph 6005 of Above the Surface of the Earth Helicopter S/N: FAA Order 7400.9H, dated September 1, * * * * * Mast P/N: 2000, and effective September 16, 2000, ASO MS E5 Meridian, MS [Revised] Mast S/N: which is incorporated by reference in 14 Mast RIN: Meridian, Key Field, MS CFR 71.1. The Class E airspace ° ′ ″ ° ′ ″ Mast Total TIS: (Lat. 32 20 00 N, long. 88 45 04 W) designation listed in this document will Meridian VORTAC Inspection Results be published subsequently in the Order. (Lat. 32°22′42″N, long. 88°48′15″W) Were any radii during inspection of this Joe Williams OLF The Rule ° ′ ″ ° ′ ″ mast determined to be less than 0.020 inch? (Lat. 32 47 46 N, long. 88 49 54 W) If yes, what was the dimension measured? Meridian NAS-McCain Field This amendment to Part 71 of the ° ′ ″ ° ′ ″ Was a burr found in the inspected snap (Lat. 32 33 08 N, long. 88 33 20 W) ring grooves? Federal Aviation Regulations (14 CFR Meridian TACAN ° ′ ″ ° ′ ″ Were cracks noted during the inspection? Part 71) amends Class E5 airspace at (Lat. 32 34 42 N, long. 88 32 43 W) Who performed this inspection? Meridian, MS. Kewanee VORTAC (Lat. 32°22′01″N, long. 88°27′30″W) Provide any other comments? The FAA has determined that this regulation only involves an established That airspace extending upward from 700 Issued in Fort Worth, Texas, on November feet above the surface within an 8-mile radius 30, 2000. body of technical regulations for which of Key Field and within 2.5 miles each side Larry M. Kelly, frequent and routine amendments are of the Meridian VORTAC 315° radial, Acting Manager, Rotorcraft Directorate, necessary to keep them operationally extending from the 8-mile radious 7 miles Aircraft Certification Service. current. It, therefore, (1) is not a northwest of the VORTAC, and within a 7.4- [FR Doc. 00–31012 Filed 12–8–00; 8:45 am] ‘‘significant regulatory action’’ under mile radius of Joe Williams OLF, and within an 8-mile radius of Meridian NAS-McCain BILLING CODE 4910±13±P Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Field, and within 4 miles each side of the 020° bearing from lat. 32°33′28″N, long, Regulatory Policies and Procedures (44 88°33′33″W, extending from the 8-mile DEPARTMENT OF TRANSPORTATION FR 11034; February 26, 1979); and (3) radius to 20 miles north of Meridian TACAN, does not warrant preparation of a and within a 25-mile radius of the Meridian Federal Aviation Administration regulatory evaluation as the anticipated VORTAC, extending clockwise from the 341° impact is so minimal. Since this is a radial to the 040° radial, and within 8 miles 14 CFR Part 71 routine matter that will only affect air north and 6 miles south of the Kewanee traffic procedures and air navigation, it VORTAC 273° radial, extending from the [Airspace Docket No. 00±ASO±44] ° ′ ″ is certified that this rule will not have VORTAC to long. 88 45 00 W. Amendment of Class E5 Airspace; a significant economic impact on a * * * * * Meridian, MS substantial number of small entities Issued in College Park, Georgia, on under the criteria of the Regulatory December 1, 2000. AGENCY: Federal Aviation Flexibility Act. Richard Biscomb, Administration (FAA), DOT. List of Subjects in 14 CFR Part 71 Acting Manager, Air Traffic Division, ACTION: Final rule. Southern Region. [FR Doc. 00–31479 Filed 12–8–00; 8:45 am] SUMMARY: This action makes a technical Airspace, Incorporation by reference, amendment to the Class E5 airspace at Navigation (air). BILLING CODE 4910±13±M0 Meridian, MS. The Navy Meridian NDB Adoption of the Amendment has been decommissioned. Therefore, DEPARTMENT OF COMMERCE the airspace legal description must be In consideration of the foregoing, the amended to reflect this change. Federal Aviation Administration Bureau of Economic Analysis EFFECTIVE DATE: 0901 UTC, March 22, amends 14 CFR Part 71 as follows: 2001. 15 CFR Part 801 PART 71ÐDESIGNATION OF CLASS A, FOR FURTHER INFORMATION CONTACT: CLASS B, CLASS C, CLASS D AND [Docket No. 000609170±0336±02] Wade T. Carpenter, Jr., Manager, CLASS E AIRSPACE AREAS; RIN 0691±AA38 Airspace Branch, Air Traffic Division, AIRWAYS; ROUTES; AND REPORTING Federal Aviation Administration, P.O. POINTS International Services Surveys: BE±82, Box 20636, Atlanta, Georgia 30320; Annual Survey of Financial Services telephone (404) 305–5586. 1. The authority citation for 14 CFR Transactions Between U.S. Financial SUPPLEMENTARY INFORMATION: Part 71 continues to read as follows: Services Providers and Unaffiliated History Foreign Persons Authority: 49 U.S.C. 106(g); 40103, 40113, The Navy Meridian NDB has been 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– AGENCY: Bureau of Economic Analysis, decommissioned. As a result the 1963 Comp., p. 389; 14 CFR 11.69. Commerce.
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ACTION: Final rule. brokerage services have been very small support U.S. commercial policy on and do not justify the continuation of financial services, conduct trade SUMMARY: These final rules revise separate reporting. Electronic funds promotion, and improve the ability of regulations for the BE–82, Annual transfer services, in contrast, appear to U.S. businesses to identify and evaluate Survey of Financial Services account for a large fraction of both total market opportunities. Transactions Between U.S. Financial receipts and total payments for ‘‘other BEA will conduct the BE–82 survey in Services Providers and Unaffiliated financial services,’’ in which electronic years in which a BE–80 benchmark Foreign Persons. funds transfers were previously survey, or census, is not conducted. The The BE–82 survey is mandatory and included. survey will update the data provided on is conducted annually, in which years the universe of financial services the BE–80, Benchmark Survey of EFFECTIVE DATE: These final rules will be effective January 10, 2001. transactions between U.S. financial Financial Services Transactions services providers and unaffiliated FOR FURTHER INFORMATION CONTACT: R. Between U.S. Financial Services foreign persons. Reporting is required David Belli, Chief, International Providers and Unaffiliated Foreign from U.S. financial services providers Persons is not conducted, by the Bureau Investment Division (BE–50), Bureau of Economic Analysis, U.S. Department of who have sales to or purchases from of Economic Analysis (BEA), U.S. unaffiliated foreign persons in all Department of Commerce, under the Commerce, Washington, DC 20230; covered financial services combined in International Investment and Trade in phone (202) 606–9800. excess of $10 million during the Services Survey Act, and under the SUPPLEMENTARY INFORMATION: In the reporting year. Financial services Omnibus Trade and Competitiveness September 21, 2000, Federal Register, providers meeting these criteria must Act of 1988. The annual survey will volume 65, No. 184, 65 FR 57119– supply data on the amount of their sales obtain data used to update the universe 57121, BEA published a notice of or purchases for each covered type of data, collected the BE–80 benchmark proposed rulemaking setting forth service, disaggregated by country. U.S. survey, on trade in financial services, by revised reporting requirements for the financial services providers that have type and by country, between U.S. BE–82, Annual Survey of Financial covered transactions of less than $10 financial services providers and Services Transactions Between U.S. million during the reporting year are unaffiliated foreign persons. Data from Financial Services Providers and asked to provide voluntary estimates of the BE–82 survey (and the benchmark Unaffiliated Foreign Persons. No their total sales or purchases of each survey, the BE–80) are needed to comments on the proposed rules were type of financial service. monitor trade in financial services, received. Thus, these final rules are the analyze its impact on the U.S. and same as the proposed rules. Executive Order 12866 foreign economies, compile and These final rules amend 15 CFR part These final rules are not significant improve the U.S. economic accounts, 801 to set forth revised reporting for purposes of E.O. 12866. support U.S. commercial policy on requirements for the BE–82, Annual financial services, conduct trade Survey of Financial Services Executive Order 13132 promotion, improve the ability of U.S. Transactions Between Financial These final rules do not contain businesses to identify and evaluate Services Providers and Unaffiliated policies with Federalism implications market opportunities, and for other Foreign Persons. The Bureau of sufficient to warrant preparation of a Government uses. Economic Analysis (BEA), U.S. Federalism assessment under E.O. The revised rules raise the exemption Department of Commerce, will conduct 13132. level for the 2000 survey to $10 million the survey under the International in covered sales or purchases Investment and Trade in Services Paperwork Reduction Act transactions, from $5 million on the Survey Act (22 U.S.C. 3101–3108), The collection of information required previous (1998) survey. Raising the hereinafter ‘‘the Act’’, and under in these final rules has been approved exemption level will reduce respondent Section 5408 of the Omnibus Trade and by the Office of Management and burden, particularly for small Competitiveness Act of 1988 (15 U.S.C. Budget under the Paperwork Reduction companies. The revised rules also 4908). Section 4(a) of the Act (22 U.S.C. Act. Notwithstanding any other combine private placement services 3103(a)) provides that the President provisions of the law, no person is with underwriting services, combine shall, to the extent he deems necessary required to respond to, nor shall any foreign exchange brokerage services and feasible, conduct a regular data person be subject to a penalty for failure with other brokerage services, and collection program to secure current to comply with, a collection-of- create a separate category for electronic information related to international information subject to the requirements funds transfers. The changes on the investment and trade in services, and of the Paperwork Reduction Act unless types of services to be reported publish for the use of the general public that collection displays a currently valid separately mirror changes introduced in and United States Government agencies OMB Control Number; such a Control the 1999 BE–80 benchmark survey. periodic, regular, and comprehensive Number (0608–0063) has been Finally, the revised rules restate the statistical information collected displayed. definition of ‘‘financial services pursuant to this subsection. In Section The survey is expected to result in the provider’’ using the nomenclature of the 3 of Executive Order 11961, the filing of reports, containing mandatory new North American Industry President delegated authority granted or voluntary data, from about 375 Classification System that has replaced under the Act as concerns international respondents. The average burden for the U.S. Standard Industrial trade in services to the Secretary of completing the BE–82—both the Classification System. Commerce, who has redelegated it to mandatory and voluntary sections—is The changes in the types of services BEA. estimated to be 7 hours. Thus, the total to be reported separately reflect BEA’s The major purposes of the survey are respondent burden of the survey is experience in collecting data on to monitor trade in financial services, estimated at 2,600 hours (375 financial services transactions over the analyze its impact on the U.S. and respondents times 7 hours average past 6 years. Data collected for both foreign economies, compile and burden). The actual burden will vary private placement and foreign exchange improve the U.S. economic accounts, from reporter to reporter, depending
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On June 30, 2000, the Commission Pipelines must implement these communication methods. Dynegy issued a Notice of Proposed Rulemaking standards on May 1, 2001, by making contends that in Order No. 587-G, the (NOPR) proposing to adopt Version 1.4 compliance filings as discussed later in Commission found that Internet of the GISB standards and to adopt a this order.5 communication could be sufficient regulation requiring pipelines to permit The adoption of Version 1.4 of the notice to shippers of operational events, shippers to designate and rank the standards updates and improves the because the shipper could program its transportation contracts under which standards, particularly in the areas of computers to trigger a telephone or gas will flow on the pipeline’s system.2 communication of critical notices and pager. Dynegy is concerned that before The Commission stated that cross- multi-tiered allocations.6 GISB shippers have to rely solely upon contract ranking would enable shippers approved the standards under its Internet communication, they be given to use their transportation contracts consensus procedures.7 No comments the time to test whether their software more efficiently by enabling them to objected to the incorporation of these can trigger a telephone or pager. Dynegy allocate gas supplies across their standards. As the Commission found in further requests that pipelines be transportation contracts so that the Order No. 587, adoption of consensus required to continue their current shipper can choose the contract which standards is appropriate because the method of communication until the provides for the most economical consensus process helps ensure the customers software works satisfactorily. transportation. reasonableness of the standards by The Commission agrees that pipelines The Commission found that while the requiring that the standards draw should provide shippers with a GISB record was not entirely clear on support from a broad spectrum of all reasonable opportunity to test the what prevented the adoption of cross- segments of the industry. Moreover, Internet communications before the contract ranking standards, there since the industry itself has to conduct pipelines dispense with existing appeared to be agreement on a method business under these standards, the methods of notifying shippers of critical (entity-to-entity confirmation) by which Commission’s regulations should reflect events. Pipelines, however, will not be such ranking could be achieved. The those standards that have the widest required to continue existing forms of disputes apparently were over the possible support. In § 12(d) of the communication to individual shippers amount of supplemental information National Technology Transfer and until the individual shipper has been pipelines should provide to shippers Advancement Act (NTT&AA) of 1995, able to configure its software correctly. and over the method of confirmation Congress affirmatively requires federal The shipper should have the with producers, independent of the agencies to use technical standards responsibility, within a reasonable time cross-contract ranking issue. The developed by voluntary consensus period, to correct problems with its own Commission solicited comments on standards organizations, like GISB, as software. whether these issues were integral to the means to carry out policy objectives or 8 Altra asks that the Commission revise cross-contract ranking standard and activities. the implementation date for Version 1.4 Dynegy requests clarification whether these issues could be dealt with of the standards so that the regarding the implementation of the on an individual pipeline basis rather implementation of Version 1.4, cross- standards providing for electronic than through a generic rulemaking. contract ranking, and title transfer 3 notice of critical events affecting Twenty comments were filed. tracking can occur simultaneously. Altra shippers. It asserts that the pipelines Pipelines supported the use of entity-to- maintains that implementing such should provide a transition period for entity confirmation, but contended the changes concurrently will be more testing the new communication Commission should not require the economical for software providers as standards for critical notices before the provision of supplemental information well as pipelines and their customers. pipelines rely solely upon Internet or working interest owner The Commission understands that communication of such notices and confirmations. Local Distribution simultaneous implementation may be discontinue their current Companies (LDCs) and endusers more efficient and generally attempts to supported the provision of adopt a complete version of the GISB supplemental information, with 5 See the discussion of compliance procedures in Section VIII, Implementation Date, at text standards at the same time. However, in endusers supporting a confirmation accompanying note 20. this case, the Commission finds that the process based on gas package 6 Pipelines previously had been required to benefits from adopting Version 1.4 of identifiers. Producers supported a implement the interactive Internet standards in the GISB standard should not be confirmation process with producers or Version 1.4 by June 1, 2000. See 18 CFR delayed until an indeterminate date their agents. 284.12(c)(3)(i)(B). The following are the changes from the Version 1.3 standards previously adopted when standards for cross-contract II. Discussion by the Commission. Standards that have been ranking and title transfer tracking are revised are: 1.3.24, 3.3.17, 4.2.7, 4.2.8, 4.3.2, 4.3.8, adopted. A. Adoption of Version 1.4 of the 4.3.9, 4.3.28, 4.3.29, 4.3.34, 5.3.2, and 5.3.30. New Standards standards are: 0.1.1, 0.1.2, 0.3.1, 1.3.47 through B. Cross-Contract Ranking 1.3.63, 1.3.79, 2.3.32 through 2.3.35, 3.3.23 through The Commission is incorporating by 3.3.25, 4.1.22 through 4.1.38, 4.2.9 through 4.2.19, Cross-contract ranking refers to the reference into its regulations Version 1.4 4.3.36 through 4.3.85, 5.2.2, and 5.3.31 through ability of shippers to allocate gas 4 5.3.42. Revised data sets are: 1.4.1 through 1.4.7, of GISB’s consensus standards. 2.4.1 through 2.4.6, and 3.4.1 through 3.4.4. New supplies across transportation contracts data sets are 5.4.18 and 5.4.19. so that the shipper can choose the 2 Standards For Business Practices Of Interstate 7 This process first requires a super-majority vote contract which provides for the most Natural Gas Pipelines, Notice of Proposed of 17 out of 25 members of GISB’s Executive economical transportation. Shippers are Rulemaking, 65 FR 41885 (July 7, 2000), IV FERC Committee with support from at least two members doing business using a variety of Stats. & Regs. Proposed Regulations ¶ 32,552 (June from each of the five industry segments—interstate 30, 2000). pipelines, local distribution companies, gas contracts, including their own firm and 3 Those filing comments are listed on Appendix producers, end-users, and services (including interruptible contracts, and capacity A along with the abbreviation used throughout the marketers and computer service providers). For release contracts with different terms order. final approval, 67% of GISB’s general membership and conditions. The ability to allocate 4 The Commission also is amending § 284.12(b)(2) must ratify the standards. of its regulations to reflect the change in GISB’s 8 Pub L. No. 104–113, § 12(d), 110 Stat. 775 gas supplies among these contracts will address. (1996), 15 U.S.C. 272 note (1997). enhance shipper flexibility and better
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The collections of information related Practices of Interstate Natural Gas estimates are primarily related to start- to this Final Rule fall under the existing Pipelines (OMB Control No. 1902– up for implementing the latest version reporting requirements of: FERC–545, 0174). The following burden estimates of the standards and data sets and will Gas Pipeline Rates: Rate Change (Non- are related only to this rule and include not be on-going costs. Formal) (OMB Control No. 1902–0154) the costs of complying with GISB’s Public Reporting Burden: (Estimated and FERC–549C, Standards for Business version 1.4 standards. The burden Annual Burden)
Number of re- Estimated bur- Data collection Number of sponses per den hours per Total annual respondents respondent response hours
FERC±545 ...... 93 1 38 3,534 FERC±549C ...... 93 1 1,766 164,238
The total annual hours for collection (including recordkeeping) are estimated to be 167,772. The average annualized cost for all 93 respondents is projected to be the following:
FERC±545 FERC±549C
Annualized Capital/ Startup Costs ...... $195,996 $9,108,655 Annualized Costs (Operations & Maintenance) ...... 0 0
Total Annualized Costs ...... 195,996 9,108,655
In the Notice of Proposed Rulemaking Commission. This information also will dissemination, and for sales, exchange, (NOPR), the Commission proposed to be retained for a three year period. The and transportation of natural gas that adopt a regulation requiring pipelines to implementation of these data requires no construction of facilities.18 permit cross-contract ranking. However, requirements will help the Commission Therefore, an environmental assessment this rule does not adopt that proposed carry out its responsibilities under the is unnecessary and has not been regulation but instead directs staff to Natural Gas Act and conforms to the prepared in this final rule. convene a technical conference to Commission’s plan for efficient discuss whether to adopt the proposed information collection, communication, VI. Regulatory Flexibility Act regulation. For this reason, the burden and management within the natural gas Certification estimates have been adjusted to remove industry. The Regulatory Flexibility Act of 1980 the burden included in the NOPR for Interested persons may obtain (RFA)19 generally requires a description complying with the Commission’s information on the reporting and analysis of final rules that will have proposed regulation requiring pipelines requirements by contacting the significant economic impact on a to permit cross-contract ranking. The following: Federal Energy Regulatory substantial number of small entities. burden estimate for FERC–545 is Commission, 888 First Street, N.E., The regulations adopted here impose unchanged because the exclusion of Washington, D.C. 20426 [Attention: requirements only on interstate cross-contract ranking will not create a Michael Miller, Office of the Chief pipelines, which are not small significant difference in the original Information Officer, phone (202)208– businesses, and, these requirements are, burden estimate for tariff filings. 1415, fax (202)208–2425, E-mail in fact, designed to reduce the difficulty However, the burden estimate for [email protected]]; or the Office of of dealing with pipelines by all FERC–549C has been reduced to Management and Budget [Attention: customers, including small businesses. eliminate the burden estimate Desk Officer for the Federal Energy Accordingly, pursuant to § 605(b) of the associated with the cross-contract Regulatory Commission, phone 202– RFA, the Commission hereby certifies ranking proposal in the NOPR. 395–3087, fax (202)395–7285]. that the regulations proposed herein The Commission regulations adopted V. Environmental Analysis will not have a significant adverse in this rule are necessary to further the impact on a substantial number of small process begun in Order No. 587 of The Commission is required to entities. creating a more efficient and integrated prepare an Environmental Assessment pipeline grid by standardizing the or an Environmental Impact Statement VII. Document Availability business practices and electronic for any action that may have a In addition to publishing the full text communications of interstate pipelines. significant adverse effect on the human of this document in the Federal 16 Adoption of these regulations will environment. The Commission has Register, the Commission provides all update the Commission’s regulations categorically excluded certain actions interested persons an opportunity to relating to business practices and from these requirements as not having a view and/or print the contents of this communication protocols to conform to significant effect on the human document via the Internet through 17 the latest version, Version 1.4, approved environment. The actions taken here FERC’s Home Page (http:// by GISB. fall within categorical exclusions in the www.ferc.fed.us) and in FERC’s Public The Commission has assured itself, by Commission’s regulations for rules that Reference Room during normal business means of its internal review, that there are clarifying, corrective, or procedural, hours (8:30 a.m. to 5 p.m. Eastern time) is specific, objective support for the for information gathering, analysis, and at 888 First Street, N.E., Room 2A, burden estimates associated with the Washington, DC 20426. information requirements. The 16 Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 information required in this Final Rule (Dec. 17, 1987), FERC Stats. & Regs. Preambles 18 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), will be reported directly to the industry 1986–1990 ¶ 30,783 (1987). 380.4(a)(27). users and later be subject to audit by the 17 18 CFR 380.4 19 5 U.S.C. 601–612.
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From FERC’s Home Page on the VIII. Implementation Date PART 284ÐCERTAIN SALES AND Internet, this information is available in TRANSPORTATION OF NATURAL GAS both the Commission Issuance Posting Pipelines must implement these UNDER THE NATURAL GAS POLICY System (CIPS) and the Records and regulations on May 1, 2001. Pipelines ACT OF 1978 AND RELATED Information Management System must file revised tariff sheets to AUTHORITIES (RIMS). incorporate Version 1.4 of the standards —CIPS provides access to the texts of into their tariffs since their tariffs 1. The authority citation for Part 284 formal documents issued by the incorporated by reference an older continues to read as follows: Commission since November 14, version number.20 To the extent Authority: 15 U.S.C. 717–717w, 3301– 1994. pipelines have individual tariff 3432; 42 U.S.C. 7101–7532; 43 U.S.C. 1331– —CIPS can be accessed using the CIPS provisions based on these standards, 1356. link or the Energy Information Online pipelines also will have to conform their 2. In § 284.12 icon. The full text of this document is tariffs to the new standards.21 The tariff a. Paragraphs (b)(1)(i) through (v) are available on CIPS in ASCII and changes must be filed not less than 30 revised to read as set forth below. WordPerfect 8.0 format for viewing, days prior to the date for implementing b. In paragraph (b)(2), remove the printing, and/or downloading. Version 1.4 of the standards. words ‘‘1100 Louisiana, Suite 4925’’ and —RIMS contains images of documents IX. Effective Date add, in their place, the words ‘‘1100 submitted to and issued by the Louisiana, Suite 3625’’. Commission after November 16, 1981. These regulations are effective Documents from November 1995 to § 284.12 Standards for pipeline business January 10, 2001. The Commission has the present can be viewed and printed operations and communications. determined, with the concurrence of the from FERC’s Home Page using the * * * * * Administrator of the Office of RIMS link or the Energy Information (b) * * * Online icon. Descriptions of Information and Regulatory Affairs of (1) * * * documents back to November 16, OMB, that this rule is not a ‘‘major rule’’ (i) Nominations Related Standards 1981, are also available from RIMS- as defined in Section 351 of the Small (Version 1.4, August 31, 1999); on-the-Web; requests for copies of Business Regulatory Enforcement (ii) Flowing Gas Related Standards these and other older documents Fairness Act of 1996. (Version 1.4, August 31, 1999) with the should be submitted to the Public List of Subjects in 18 CFR Part 284 exception of Standards 2.3.29 and Reference Room. 2.3.30; User assistance is available for RIMS, Continental shelf, Incorporation by (iii) Invoicing Related Standards CIPS, and the Website during normal reference, Natural gas, Reporting and (Version 1.4, August 31, 1999); business hours from our Help line at recordkeeping requirements. (iv) Electronic Delivery Mechanism Related Standards (Version 1.4, (202) 208–2222 (E-Mail to By the Commission. [email protected]) or the Public November 15, 1999) with the exception Reference Room at (202) 208–1371 (E- David P. Boergers, of Standard 4.3.4; and Mail to Secretary. (v) Capacity Release Related [email protected]). Standards (Version 1.4, August 31, In consideration of the foregoing, the During normal business hours, 1999). documents can also be viewed and/or Commission proposes to amend Part * * * * * printed in FERC’s Public Reference 284, Chapter I, Title 18, Code of Federal Regulations, as set forth below. Note: The following Appendices will not Room, where RIMS, CIPS, and the FERC appear in the Code of Federal Regulations Website are available. User assistance is also available. Appendix A
COMMENTS FILEDÐDOCKET NO. RM96±1±015
Commenter Abbreviation
Altra Energy Technologies, Inc...... Altra American Gas Association ...... AGA ANR Pipeline Company and Colorado Interstate Gas Company ...... ANR Cincinnati Gas & Electric Company, Union Light, Heat and Power Company, and Lawrenceburg Gas Company ...... Cincinnati Columbia Gulf Transmission Company ...... Columbia Gulf Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc ...... Con Edison Duke Energy Gas Transmission (Algonquin Gas Transmission Duke Company, East Tennessee Natural Gas Company, Duke and Texas Eastern Transmission Corporation). Dynegy Marketing and Trade ...... Dynegy El Paso Energy Corporation Interstate Pipelines (El Paso Natural Gas Company, Gulf States Transmission Corporation, El Paso Energy Midwestern Gas Transmission Company, Mojave Pipeline Company, Southern Natural Gas Company, and Tennessee Gas Pipeline Company). End User Group (Arizona Public Service Company, The Boeing Company, Defense Energy Support Center, Midland Co- End User Group generation Venture Limited Partnership, Midwest Energy, Inc., Salt River Project, Phelps Dodge Corporation, and Ten- nessee Valley Authority). Enron Interstate Pipelines ...... Enron
20 See Texas Eastern Transmission Corporation, 21 In filing to implement Version 1.4, pipelines 1.4 Standards Manuals, including standards that 77 FERC ¶ 61,175, at 61,646 (1996) (pipelines need to change all references to GISB standards in have not changed from prior versions. incorporating standards by reference in their tariffs their tariffs to Version 1.4. The version number must include number and version). applies to all standards contained in GISB’s Version
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COMMENTS FILEDÐDOCKET NO. RM96±1±015ÐContinued
Commenter Abbreviation
Independent Petroleum Association of America ...... IPAA Interstate Natural Gas Association of America ...... INGAA Kinder Morgan Interstate Pipelines (Natural Gas Pipeline Company of America and Kinder Morgan Interstate Gas Trans- Kinder Morgan mission LLC). Koch Gateway Pipeline Company ...... Koch National Fuel Gas Distribution Corporation ...... Distribution Natural Gas Supply Association ...... NGSA Panhandle Eastern Pipe Line Company and Trunkline Gas Company ...... Panhandle Williams Gas Pipeline Company (Transcontinental Gas Pipe Line Corporation, Texas Gas Transmission Corporation, Wil- Williams liams Gas Pipelines Central, Inc., Northwest Pipeline Corporation, Cove Point LNG Limited Partnership, and Kern River Gas Transmission Company). Williston Basin Interstate Pipeline Company ...... Williston Basin
Appendix B available quantities should be distributed information obtained during or derived from within a single service level. The SR’s the nomination process. Such supplemental Cross-Contract Ranking Standards GISB provided scheduling ranks (as applicable) information, if available, should include the Considered, But Did Not Adopt should be used as follows: TSP’s Service Requester Contract and, based Standards Considered at the November 11, For reductions identified at or upstream of upon the TSP’s business practice may also, 1999 GISB Executive Committee Meeting the constraint location, the order for on a mutually agreeable basis, include (1) a application of ranks is Receipt Rank derivable indicator characterizing the type of CXKR–1 (Priority), Upstream Rank (Priority), Delivery contract and service being provided, (2) S1 Proposed Standard 1 Rank (Priority), Downstream Rank (Priority). Downstream Contract Identifier and/or (3) For reductions identified at or downstream Service Requester’s Package ID. Absent mutual agreement to the contrary, of the constraint location, the order for the standard level of confirmation should be application of ranks is Delivery Rank CXKR–3 entity to entity. (Priority), Downstream Rank (Priority), P1 New Principle S2 Revised Proposed Standard 2 Receipt Rank (Priority), Upstream Rank In order to effectuate cross contract As part of the confirmation and scheduling (Priority). ranking, the level of confirmation at a process between a Transportation Service S5 Proposed Standard 5 location should occur at the entity-to-entity Provider (TSP) and a Local Distribution When applying a confirmation reduction to level. Company (LDC), upon request by the LDC, an entity at a location, the Transportation S1 New Standard the TSP should make available, via EBB/ Service Provider (TSP) should use the EDM, supplemental information obtained The standard level of confirmation should Service Requester’s (SR’s) scheduling ranks during or derived from the nomination be entity to entity. provided on all nominations for that location process necessary for the LDC to meet its and entity to determine the appropriate S4 New Standard statutory and/or regulatory obligations. Such nomination(s) to be reduced, except where When nominated quantities exceed supplemental information, if available, superseded by the TSP’s tariff, general terms available capacity on a Transportation should include the TSP’s Service Requester and conditions, or contractual obligations. Service Provider’s (TSP’s) system, such TSP Contract and, based upon the TSP’s business The SR’s provided scheduling ranks (as should first utilize its tariff requirements to practice may also, on a mutually agreeable applicable) should be used as follows: assign capacity to each service level for each basis, include (1) a derivable indicator For receipt side reductions, the order for Service Requester (SR). The TSP should then characterizing the type of contract and application of ranks is Upstream Rank use the SR’s provided scheduling ranks as service being provided, (2) Downstream (Priority), Receipt Rank (Priority), Delivery provided in the SR’s nomination to Contract Identifier and/or (3) Service Rank (Priority), and Downstream Rank determine how the available quantities Requester’s Package ID . (Priority). should be distributed within a single service S3 Proposed Standard 3 For delivery side reductions, the order for level. Absent mutual agreement to the contrary application of ranks is Downstream Rank The SR’s provided scheduling ranks (as between the TSP and the Operator for (Priority), Delivery Rank (Priority), Receipt applicable) should be used as follows: confirmations at a production location, the Rank (Priority), and Upstream Rank For reductions identified at or upstream of TSP should support the fact that the operator (Priority). the constraint location, the order for will confirm with the TSP to only the P1 Proposed Principle 1 application of ranks is Receipt Rank (Priority), Upstream Rank (Priority), Delivery upstream entity level. These upstream In order to effectuate cross contract entities should either confirm or nominate (at Rank (Priority), Downstream Rank (Priority). ranking, the level of confirmation at a For reductions identified at or downstream the TSP’s determination) at an entity level location should occur at the entity to entity with the TSP. of the constraint location, the order for level. application of ranks is Delivery Rank D1 Proposed Definition 1 S6 Revised Proposed Standard 6 (Priority), Downstream Rank (Priority), Production locations includes wellheads, Transportation Service Providers should Receipt Rank (Priority), Upstream Rank platforms, plant tailgates (excluding straddle utilize Standard 1.3.7 for ranks submitted in (Priority). plants) and physical wellhead aggregation a nomination. S5 New Standard points. CXKR–2 When applying a confirmation reduction to S4 Proposed Standard 4 Retain all standards in CXKR–1 with the an entity (Service Requester (SR)) at a When nominated quantities exceed exception of Standard S2 which would be location, the Transportation Service Provider available capacity, the Transportation Service revised to read as follows: (TSP) should use such SR’s scheduling ranks Provider (TSP) should first utilize its tariff as provided on that SR’s nominations at that requirements to assign capacity to each S2 Amended Revised Proposed Standard 2 location to determine the appropriate service level for each Service Requester (SR). As part of the confirmation and scheduling nominations(s) to be reduced, except where The TSP should then use the SR’s provided process upon request, the TSP should make superceded by the TSP’s tariff, general terms scheduling ranks to determine how the available, via EBB/EDM, supplemental and conditions, or contractual obligations.
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The SR’s provided scheduling ranks (as of Standards, Regulations, and SUMMARY: The Copyright Office is applicable) should be used as follows: Variances; phone 703–235–1910. amending its regulatory definition of a For receipt side reductions, the order for SUPPLEMENTARY INFORMATION: We ‘‘Service’’ for purposes of the statutory application of ranks is Upstream Rank license governing the public (Priority), Receipt Rank (Priority), Delivery request that you notify us of your Rank (Priority), Downstream Rank (Priority). intention to make an oral presentation performance of sound recordings by For delivery side reductions, the order for prior to the hearing date, but it is not means of digital audio transmissions in application of ranks is Downstream Rank required that you do so. The hearing order to clarify that transmissions of a (Priority), Delivery Rank (Priority), Receipt will be conducted in an informal broadcast signal over a digital Rank (Priority), Upstream Rank (Priority). manner by a panel of MSHA officials. communications network, such as the [FR Doc. 00–30979 Filed 12–8–00; 8:45 am] Although formal rules of evidence or Internet, are not exempt from copyright liability under section 114(d)(1)(A) of BILLING CODE 6717±01±P cross examination will not apply, the presiding official may exercise the Copyright Act. discretion to ensure the orderly progress DATES: Effective December 11, 2000. DEPARTMENT OF LABOR of the hearing and may exclude FOR FURTHER INFORMATION CONTACT: irrelevant or unduly repetitious material David O. Carson, General Counsel, or Mine Safety and Health Administration and questions. Tanya M. Sandros, Senior Attorney, The hearing will begin with an Copyright Arbitration Royalty Panel, 30 CFR Part 42, 47, 56, 57, and 77 opening statement from MSHA, P.O. Box 70977, Southwest Station, followed by an opportunity for members Washington, D.C. 20024. Telephone: RIN: 1219±AA47 of the public to make oral presentations. (202) 707–8380. Telefax: (202) 252– Hazard Communication (HazCom) The hearing panel may ask questions of 3423. speakers. At the discretion of the SUPPLEMENTARY INFORMATION: AGENCY: Mine Safety and Health presiding official, the time allocated to Administration (MSHA), Labor. speakers for their presentations may be Procedural History ACTION: Notice of public hearing and limited. In the interest of conducting a On March 16, 2000, the Copyright extension of comment period. productive hearing, MSHA will Office published a notice of proposed schedule speakers in a manner that rulemaking (‘‘NPRM’’) seeking comment SUMMARY: MSHA is announcing a public allows all points of view to be heard as on whether the transmission of an AM/ hearing regarding the Agency’s interim effectively as possible. FM radio broadcast signal over the final rule on Hazard Communication A verbatim transcript of the Internet by the broadcaster that and extending the comment period. The proceeding will be prepared and made originates the AM/FM signal is exempt hazard communication requirements part of the rulemaking record. A copy of from copyright liability under the were published in the Federal Register the hearing transcript will be made exemption to the digital performance on October 3, 2000 (65 FR 59048). The available for public review. right in sound recordings set forth in hearing will be held under section 101 MSHA will accept additional written section 114 of the Copyright Act, title 17 of the Federal Mine Safety and Health comments and other appropriate data of the United States Code. 65 FR 14227 Act of 1977. for the record from any interested party, (March 16, 2000). The Office initiated DATES: The hearing will be held on including those not presenting oral this rulemaking proceeding in response December 14, 2000. The hearing will statements. Written comments and data to a petition from the Recording last from 9:00 a.m. to 5:00 p.m., but will submitted to MSHA will be included in Industry Association of America continue into the evening if necessary. the rulemaking record. To allow for the (‘‘RIAA’’). The comment period is extended until submission of post-hearing comments, In its petition, RIAA asked the Office December 19, 2000. the comment period is extended and the to adopt a rule ‘‘clarifying that a ADDRESSES: The hearing will be held at record will remain open until December broadcaster’s transmission of its AM or the following location: Department of 19, 2000. FM radio station over the Internet . . . Labor, Office of Administrative Law Dated: December 7, 2000. is not exempt from copyright liability Judges Courtroom, 800 K Street N.W., J. Davitt McAteer, under section 114(d)(1)(A).’’ RIAA also Suite 400N, Washington, D.C. believes that ‘‘until the Office rules, the Comments may be transmitted by Assistant Secretary for Mine Safety and Health. parties will not agree on who qualifies electronic mail, fax, or mail. Comments [FR Doc. 00–31543 Filed 12–7–00; 1:20 pm] for the Section 114 performance by electronic mail must be clearly license.’’ Petition at 7. identified as such and sent to this e-mail BILLING CODE 4510±43±P The Office agreed with RIAA’s address: [email protected]. observation and postponed the pending Comments by fax must be clearly rate adjustment proceeding, the purpose identified as such and sent to: MSHA, LIBRARY OF CONGRESS of which is to set the rates and terms for Office of Standards, Regulations, and the public performance of a sound Variances, 703–235–5551. Mail Copyright Office recording by means of digital audio comments should be clearly identified transmissions under the section 114 as such and sent to MSHA, Office of 37 CFR Part 201 statutory license and to establish the Standards, Regulations, and Variances, rates and terms for the making of an 4015 Wilson Boulevard, Room 631, [Docket No. RM 2000±3B] ephemeral recording in accordance with Arlington, VA 22203–1984. Interested the section 112 statutory license. See 63 persons are encouraged to supplement Public Performance of Sound FR 65555 (November 27, 1998); 64 FR written comments with computer files Recordings: Definition of a Service 52107 (September 7, 1999). The Office or disks; please contact the Agency with AGENCY: Copyright Office, Library of took this action because it recognized any questions about format. Congress. that the outcome of the rulemaking FOR FURTHER INFORMATION CONTACT: would have the effect of deciding ACTION: Final rule. David L. Meyer, Director; MSHA Office whether the rates and terms set in that
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Property of the House Comm. On the court and is not currently being sued for 104–128, at 14 (1995) (hereinafter ‘‘1995 Judiciary, 104th Cong. (June 28, 1995). copyright infringement. There is Senate Report’’). Thus, we believe we are well-suited to considerable question whether NAB has In drafting the DPRA, Congress tried interpret section 114, including the presented the district court with a live to balance the interests of the music extent of the section 114(d)(1)(A) case and controversy, and the RIAA has industry,4 traditional users of sound exemption. sought dismissal of the case on recordings,5 and those who wished to Second, not only have the jurisdictional grounds. If the suit is utilize the new technologies to make commenters to the NPRM not cited any dismissed, there will be no opportunity transmissions of sound recordings. The authority that the Copyright Office must for a court to interpret the meaning of expressed intent of Congress in passing defer to a federal court action, but they the section 114(d)(1)(A) exemption, at the Act was ‘‘to provide copyright have not cited any cases where a least until such time as a copyright holders of sound recordings with the government agency has deferred action infringement action is brought against a ability to control the distribution of to a federal court a matter before the broadcaster for transmitting over-the-air their product by digital transmissions, agency. Goya Foods, Inc. v. Tropicana radio broadcasts on the Internet. The without hampering the arrival of new Prods, Inc., 846 F.2d 848 (2d Cir. 1988), Office needs to act now to move the technologies, and without imposing and Nader v. Allegheny Airlines, Inc., CARP proceeding forward. new and unreasonable burdens on radio 426 U.S. 290 (1976) are cited by the Finally, even if the New York district and television broadcasters, which often Broadcasters for the proposition that the court rules, and the case is appealed promote, and appear to pose no threat matter of the section 114(d)(1)(A) through the Second Circuit, that is still to, the distribution of sound exemption ‘‘lies within the traditional not the final word from the federal court recordings.’’ 1995 Senate Report at 15. realm of judicial competence.’’ Goya, system. Other suits may be brought in This change, however, was not meant to 846 F.2d at 851. Neither of these cases, other federal circuits, creating the alter or upset in any way the however, involved a government agency potential for conflicting determinations. longstanding relationship between the deferring judgment to a federal court on Thus, we believe it makes far greater record industry and broadcasters. a matter clearly within the agency’s sense for the Copyright Office to address Broadcasters II at 15, citing 1995 Senate jurisdiction. In fact, both cases involved the status of broadcast transmissions Report, at 9; accord H.R. Rep. No. 104– just the opposite; a court’s decision not over the Internet and the section 274, at 6 (1995) (hereinafter ‘‘1995 to stay a judicial proceeding pending 114(d)(1)(A) exemption, given that it is House Report’’). the resolution of an agency proceeding. the expert agency entrusted with the To strike the proper balance between There is not, therefore, any legal authority to interpret the meaning of the these parties, Congress created three authority that compels or counsels the provisions of the Copyright Act. exemptions for nonsubscription Office to stay this proceeding in Scope of the Section 114(d)(1)(A) transmissions, including an express deference to the court in New York. Exemption exemption for a nonsubscription Third, there is a need to resolve the broadcast transmission. 17 U.S.C. status of broadcast transmissions over In 1995, Congress enacted the Digital 114(d)(1)(A)(i)–(iii)(1995). It is the scope the Internet for purposes of the CARP Performance Right in Sound Recordings of this exemption, which has been proceeding to establish rates and terms Act (‘‘DPRA’’), Public Law 104–39, debated since the passage of the DPRA, for the section 114 statutory license as which created an exclusive right for see Reply Comments of the National quickly as possible. As discussed above, copyright owners of sound recordings, Association of Broadcasters at 9–12 subject to certain limitations, to perform the success of a CARP proceeding (dated June 20, 1997), submitted in sound recordings publicly by means of depends upon a full and complete Docket No. RM 97–1, that is the subject certain digital audio transmissions. record. This means that all parties who of this proceeding. are potentially subject to the section 114 Among the limitations on the Broadcasters take a broad view of the license must be identified and given the performance right was the creation of a exemption. Their position is that any opportunity to participate in the CARP new compulsory license for nonexempt, transmission made by an FCC-licensed proceeding. The NAB/RIAA litigation in noninteractive, digital subscription broadcaster, whether made over-the-air the Southern District of New York may transmissions, 17 U.S.C. 114(f), and an or over the Internet, falls within the 3 exemption for certain nonsubscription not be resolved for several years, which scope of the section 114(d)(1)(A) transmissions. 17 U.S.C. 114 leaves the Copyright Office two exemption. Not surprisingly, Copyright (d)(1)(A)(i)–(iii) (1995). undesirable choices: postpone the CARP Owners and DiMA take a different view Congress passed the DPRA in until that litigation is resolved, or and interpret the scope of the exemption response to the growth in the use of proceed with what we believe would be more narrowly. Their position is that a an insufficient record and receive an digital technology to provide recordings with superior sound quality (e.g., digital incomplete decision from the CARP. 4 ‘‘[T]he legislation is a narrowly crafted response Neither of these choices is acceptable; phonorecord deliveries) and the growth to one of the concerns expressed by representatives therefore, the Office is now deciding of digital transmission services that of the music community, namely that certain types whether the simultaneous transmission could offer a consumer a digital of subscription and interactive audio services might transmission of a particular sound adversely affect sales of sound recordings and erode of an over-the-air radio broadcast copyright owners’ ability to control and be paid for transmission made by an FCC-licensed recording on demand. Congress realized the use of their work.’’ 1995 Senate Report at 15. broadcaster over the Internet is exempt that these advancements offered new 5 Prior to the passage of the DPRA, FCC-licensed from the digital performance right. and better ways to distribute music to broadcasters, cable systems and satellite systems all Fourth, NAB has sought a declaratory the consumer, but at the same time, it transmitted or retransmitted sound recordings in their programming without incurring any copyright judgment from the New York district recognized that the current law was liability for the public performance of a sound inadequate to protect the interests of the recording. Congress, in acknowledging the 3 At the time this Federal Register notice was copyright owners whose livelihoods promotional value to the record companies that prepared, RIAA’s motion to dismiss NAB’s claims depend upon the revenues generated flows to them through advertiser-supported, free was still pending in the court, and no further over-the-air broadcasting, included specific motions have been filed. It seems highly unlikely from the sales of their works. Thus, exemptions in the law from the digital performance that the court will resolve the merits of the Congress created a limited performance right for these users. See 17 U.S.C. 114(d)(1)(A), (B) declaratory relief action in the near future. right in sound recordings. S. Rep. No. and (C).
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All commenters agree that the statutory ‘‘nonsubscription broadcast made by an FCC-licensed broadcaster definitions for a ‘‘transmission,’’ a transmission’’ was adopted in order to under the terms of its license. In ‘‘digital audio transmission,’’ and a shelter broadcasters from the new general, such transmissions are over- ‘‘nonsubscription transmission’’ are digital performance right, if and when the-air transmissions made within the clear and that the transmissions in they converted their over-the-air signals broadcaster’s local service area. dispute qualify as nonsubscription, non- from an analog to a digital format. Webcasts of AM/FM radio signals are interactive, digital audio transmissions Gorman at 9; DiMA at 3. In direct not so limited and, therefore, do not fit for purposes of the DPRA. See opposition to the Broadcasters’ the statutory definition of a ‘‘broadcast’’ Broadcasters II at 20; Gorman at 28 n.89. approach, Copyright Owners focus on transmission for purposes of the DPRA. The dispute lies with the definition of how the word ‘‘terrestrial’’ and the Id. at 29–30; see also DiMA Reply at 2. a ‘‘broadcast transmission.’’ phrase ‘‘licensed as such by the FCC’’ Copyright Owners acknowledge that Broadcasters argue that the pivotal are used in the definition of a their interpretation of the exemption is element in the definition is the ‘‘broadcast station.’’ See also, DiMA narrower than the Broadcasters’ but designation of the nature of the entity Reply at 2. argue that the exemption for ‘‘broadcast making the transmission—not the They contend that use of the word transmissions’’ must be construed in method of the transmission. In other ‘‘terrestrial’’ limits the exemption to this manner because the statute words, the fact that an FCC-licensed over-the-air transmissions made by a provides a complete exemption from the broadcast station makes the broadcast station and, thus, by digital performance right in sound transmission is dispositive. Thus, implication, excludes from the recordings. In making this argument, Broadcasters reason that any exemption any nationwide they rely upon the general rule of transmission made by a terrestrial transmissions by radio stations that statutory construction that exemptions broadcast station licensed by the FCC, broadcast via satellite. Gorman at 29. must be construed narrowly, ‘‘and any whether disseminated over-the-air or They point out numerous citations in doubt must be resolved against the one transmitted over the Internet, fits the the legislative history which make it asserting the exemption,’’ in order to statutory definition of a abundantly clear that Congress meant to preserve the purpose of the provision. ‘‘nonsubscription broadcast protect traditional over-the-air broadcast Tasini v. New York Times Co., 206 F.3d transmission’’ and therefore, is transmissions. For example, 161, 168 (2nd Cir. 2000). Specifically, expressly exempt under the section The sale of many sound recordings and the they argue that a narrow interpretation 114(d)(1)(A)(iii) (1995) exemption and careers of many performers have benefitted of the exemption is particularly remains exempt under the current considerably from airplay and other warranted in this context ‘‘where section 114(d)(1)(A) (1998) provision. promotional activities provided by both denying the exemption would still leave Broadcasters I Reply at 6; Broadcasters noncommercial and advertiser-supported, AM/FM Webcasts eligible for a statutory II Reply at 17. Furthermore, they free over-the-air broadcasting. * * * H.R. license (rather than subjecting them to contend that transmissions made by 1506 does not change or jeopardize the full copyright liability).’’ Gorman at 19. FCC-licensed broadcasters ‘‘do, in fact, mutually beneficial economic relationship Broadcasters dispute Copyright between the recording and traditional Owners’ contention that it is comply with FCC content requirements broadcasting industries. to promote the public interest and serve appropriate to read the exemption for 1995 House Report, at 13 (emphasis added). the local community.’’ Broadcasters II broadcast transmission so narrowly. Reply at 17. [F]ree over-the-air broadcasts are available They claim that Copyright Owners In creating a safe harbor for radio without subscription, do not rely on ignore Congress’ intent to construe the interactive delivery, and provide a mix of broadcasts, Congress identified key entertainment and non-entertainment digital performance right narrowly and factors that ‘‘place[d] such programming programming and other public interest limit the right only to certain digital beyond the concerns that animated the activities to local communities to fulfill a transmissions of sound recordings. creation of the limited public condition of the broadcasters’ license. The Broadcasters II Reply at 24–25. performance right in sound recordings Committee has considered these factors in Broadcasters argue further that it is in Section 106(6). Specifically, radio concluding not to include free over-the-air inconceivable that after refusing for programs that (1) are available without broadcast services in the legislation. decades to grant copyright owners of subscription; (2) do not rely upon Id. (emphasis added). sound recordings a sound recording interactive delivery; (3) provide a mix of The classic example of such an exempt performance right, Congress ‘‘intended entertainment and non-entertainment transmission is a transmission to the general to sweep within a newly-created and programming and other public interest public by a free over-the-air broadcast narrowly-circumscribed performance activities to local communities to fulfill station, such as a traditional radio or right broadcaster transmissions over the FCC licensing conditions; (4) promote, television station, and the Committee intends Internet of their broadcast rather than replace, record sales; and (5) that such transmissions be exempt regardless programming.’’ Broadcasters II Reply at do not constitute ‘‘multichannel of whether they are in a digital or nondigital 21 (emphasis omitted). format, in whole or in part. offerings of various music formats.’’’’ Historically, the Copyright Office Broadcasters II at 26–27 (footnote 1995 Senate Report at 19 (emphasis added). construes limitations on copyright omitted), citing 1995 Senate Report at They also argue that use of the phrase narrowly, especially those rights 15. Broadcasters argue that these ‘‘licensed as such by the FCC’’ ‘‘reflects constrained by a compulsory license. characteristics apply equally to the Congressional intent to limit the scope See 49 FR 14944, 14950 (April 16, 1984) transmission of a local radio broadcast of the exemption to those activities for and 57 FR 3284, 3293 (January 29, signal whether transmitted over-the-air which a broadcast station needs an FCC 1992). This tenet is fully consistent with or streamed via the Internet; and license.’’ Gorman at 29 (footnote the rules of statutory construction consequently, all transmissions of radio omitted). The focus here is on the nature which require ‘‘[s]tatutes granting broadcasts should be exempt without of the transmission and not the exemptions from their general operation regard to the method of transmission. characterization of the entity making the [to] be strictly construed, and any doubt Copyright Owners and DiMA disagree transmission. From this perspective, the must be resolved against the one with the Broadcasters’ approach. They only transmissions which are exempt asserting the exemption.’’ See 73 Am. argue that the exemption for a under section 114(d)(1)(A) are those Jur. 2d 313 (1991); Tasini, supra.
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Broadcasters argue that this precept As noted above, Congress used the retransmissions via the Internet; favors their interpretation, asserting that descriptive term ‘‘over-the-air’’ otherwise it would have enlarged these the newly created digital performance frequently to identify those broadcasts it exemptions when it passed the DMCA, right was narrowly crafted and not sought to protect under the exemption. which it chose not to do. See DiMA at meant to disturb the traditional Such transmissions are made in 5. In addition, DiMA argues that broadcasting system in place at the time accordance with the terms of the FCC Congress would not have limited the the DPRA was passed. But once created, license issued to the broadcaster. If exemption for a ‘‘retransmission’’ of a the right is to be defined by reference to Congress had discussed or referenced ‘‘broadcast transmission’’ by the statute, and there is no reason to any other type of transmission made by differentiating between radio depart from the general rule that the an FCC-licensed broadcaster, we might transmissions made by terrestrial and exemption to the right must be narrowly be more inclined to support the non-terrestrial broadcast technologies, if construed. The key to determining the Broadcasters’ interpretation of the it was content with exempting any scope of the exemption is an statutory definition. This is not the case, transmission made by an FCC-licensed understanding of the meaning of the and the Office concludes that Congress broadcaster. DiMA Reply at 2. Copyright term ‘‘broadcast transmission.’’ used the phrase ‘‘licensed as such’’ to Owners concur with DiMA on this As previously discussed, Broadcasters serve two purposes. First, it identifies point. In addition, they argue that the the entity entitled to make a broadcast assert that the exemption from the definition of an ‘‘eligible transmission under an exemption to the digital performance rights applies not nonsubscription transmission’’ supports digital performance right; and second, it only to traditional over-the-air broadcast this interpretation because it includes transmissions, but also to transmissions specifies which transmissions made by the broadcaster are exempt, that is, retransmissions of broadcast signals. of these signals over the Internet. The Had Congress meant to exempt any and Broadcasters interpret the exemption in those transmissions made over-the-air by the broadcasting entity under the all transmissions of a broadcast signal, the broadest possible manner based it would not have included this wording upon their reading of the statutory terms of the FCC license. b. Additional exemptions. Copyright in the definition of an ‘‘eligible definition for a ‘‘broadcast nonsubscription transmission,’’ the transmission’’ which defines the Owners do not limit their analysis of the statutory language to the statutory newly created class of transmissions transmission solely on the basis that it subject to the statutory license. DiMA was made by an FCC-licensed exemption under consideration. This is Reply at 3. broadcaster. They argue that the only their starting point. They continue language is clear and unambiguous and their analysis of section 114 under a Broadcasters counter the Copyright so the analysis ends here. second well-established rule of statutory Owners’ interpretation in regard to these construction which requires The Copyright Office does not agree. exemptions, noting an exception to the interpretation of each provision in a The use of the descriptive phrase 150-mile limitation for nonsubscription section in such a way as to produce a retransmissions by ‘‘a terrestrial ‘‘terrestrial broadcast station licensed as harmonious whole. 2A Sutherland, Stat. such by the Federal Communications broadcast station.’’ They also suggest Const.§ 46.05 (6th ed. 2000); see also 57 that the limitations on retransmissions Commission’’ involves much more than FR 3284, 3292 (1992). the mere designation of a particular were directed only to those made by Of particular interest are the third parties, and not to a simultaneous entity. In fact, as the Copyright Owners exemptions for a ‘‘retransmission of a transmission made directly by the FCC- argue, Congress appears to have chosen radio station’s broadcast transmission’’ licensed broadcaster. Broadcasters II these words not only as a convenient set forth in sections 114(d)(1)(B) and (C) Reply at 25. In addition, Broadcasters way in which to identify the entity (1995). Section 114(d)(1)(B) restricts stress that a transmission of a radio entitled to make a broadcast retransmissions to a 150-mile radius program, even via the Internet, serves transmission, but also as a way to from the site of the radio broadcast circumscribe which actions the entity transmitter, to the local communities the needs and interests of the local may legally undertake within the scope served by the retransmitter, and those community as required under the FCC of the section 114 exemption. Even if carried by a cable system or a license. For these reasons, Broadcasters the Broadcasters’ reading of the noncommercial educational broadcast argue that Congress created a specific definition is a plausible one, the station. Similarly, section 114(d)(1)(C) exemption for certain retransmissions of Copyright Owners’ more limited exempts certain incidental nonsubscription radio broadcast interpretation, seconded by DiMA, is at transmissions, transmissions to and transmissions, including those that are least equally plausible. For this reason, within business establishments, and transmitted ‘‘by a terrestrial broadcast the Office turns to the relevant those retransmissions made to deliver station, terrestrial translator, or legislative history in order to licensed programming to the user. terrestrial repeater licensed by the understand how Congress intended the Copyright Owners argue that these Federal Communications Commission.’’ law to operate. provisions merely reflect congressional While it is clear that a broadcast Turning to the legislative history is intent to grandfather existing transmission is exempt, it is equally appropriate where, as here, the precise retransmission services at the time of clear that a retransmission of a radio meaning is not apparent and a clear the passage of the DPRA. Gorman at 10; signal (though technically a understanding of what Congress meant DiMA Reply at 2–3; see also, 1995 transmission) 7 is exempt only under is crucial to an accurate determination Senate Report at 22 (noting that a certain circumstances. This fact alone of how Congress intended the digital retransmission over the Internet which undermines the Broadcasters’ assertion performance right and the statutory is being used to facilitate an exempt that any transmission made by an FCC- scheme to operate. See also, 57 FR 3284, transmission or retransmission, would licensed broadcaster is immediately and 3293 (1992). Consequently, we place not qualify as an ‘‘incidental’’ totally exempt. In addition, their great weight on the passages in the 1995 retransmission under section House and Senate Reports which 114(d)(1)(C)(1)). 7 A ‘‘transmission’’ is either an initial discuss and characterize broadcast Similarly, DiMA argues that Congress transmission or a retransmission. 17 U.S.C. transmissions. never intended to exempt broadcast 114(j)(15).
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Dated: November 21, 2000. service that is the product of a business List of Subjects in 39 CFR Part 20 Marybeth Peters, alliance between the U.S. Postal Service Foreign relations, International postal Register of Copyrights. and DHL Worldwide Express, Inc. It services. James H. Billington, provides time-definite service from designated U.S. ZIP Code areas to The Librarian of Congress. PART 20Ð[AMENDED] locations in over 200 destination [FR Doc. 00–31457 Filed 12–8–00; 8:45 am] countries and territories. Global Express BILLING CODE 1410±31±P Guaranteed consists of two mail 1. The authority citation for 39 CFR classifications: Global Express Part 20 continues to read as follows: Guaranteed Document Service and Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, POSTAL SERVICE Global Express Guaranteed Non- 404, 407, 408. Document Service. Regulations for 39 CFR Part 20 2. Chapter 2 of the International Mail Global Express Guaranteed service are Manual is amended as follows to Global Express Guaranteed: Changes currently set forth in section 215 of the provide for the new rates and to include in Postal Rates International Mail Manual (IMM). These pickup service: regulations were moved to IMM 210 AGENCY: Postal Service. pursuant to the notice published in the 2 CONDITIONS FOR MAILING ACTION: Interim rule with request for Federal Register on September 26, 2000. * * * * * comment. Numerous and successive expansions and changes to the service have been 210 Global Express Guaranteed SUMMARY: The Postal Service is listed in previous Federal Register * * * * * changing the rates for Global Express notices and are summarized in the final Guaranteed (GXG) Document service rule, which will be published in early 213.2 Destination Countries and Rate and Global Express Guaranteed Non- December. Groups Document service and announcing the The Postal Service is changing the [The Individual Country Listings for inclusion of GXG in the current U.S. rates for Global Express Guaranteed Global Express Guaranteed (GXG) Postal Service collection pickup service. service and is announcing the inclusion service rates will be amended to reflect EFFECTIVE DATE: The effective date will of this service in the current collection the rate changes.] be concurrent with the effective date for pickup service. The revised set of rates, the new domestic rates, tentatively set set forth below, is based on experience 213.3 Pickup Service for January 7, 2001. Comments on the gained with providing the service and more accurately reflects the actual costs Collection service pickup is available interim rule must be received on or for delivery addresses within the before January 6, 2001. of providing this service across the various rate groups. Additionally, the participating Global Express Guaranteed ADDRESSES: Written comments should rate lanes for the Global Express ZIP Codes. GXG collection service will be mailed or delivered to Business Guaranteed Non-Document service are be provided when a postal employee Initiatives, Expedited/Package Services, changed to an alpha character goes to a customer’s location U.S. Postal Service, 200 E. Mansell designation for clarity between the specifically to deliver or collect mail Court, Suite 300, Roswell, GA 30076– Document and Non-Document services. other than Global Express Guaranteed 4850. Copies of all written comments Although the Postal Service is shipments and the employee is handed will be available for public inspection exempted by 39 U.S.C. 410(a) from the a Global Express Guaranteed shipment between 9 a.m. and 4 p.m., Monday advance notice requirements of the in addition to other mail to be collected. through Friday, in the Expedited/ Administrative Procedure Act regarding No pickup fee will be charged when Package Services office, 200 E. Mansell proposed rulemaking (5 U.S.C. 553), the Global Express Guaranteed shipments Court, Suite 300, Roswell, GA. Postal Service invites public comment are picked up during a delivery stop or FOR FURTHER INFORMATION CONTACT: on the interim rule at the above address. during a scheduled stop made to collect Malcolm E. Hunt, 770–360–1104. The Postal Service is implementing other mail not subject to a pickup fee. SUPPLEMENTARY INFORMATION: Global the following rates and amending the On-call or scheduled pickup services Express Guaranteed is the U.S. Postal International Mail Manual, which is are currently not available for GXG Service’s premium international mail incorporated by reference in the Code of Service. service. GXG is an expedited delivery Federal Regulations. See 39 CFR 20.1. * * * * *
216.1 Document Service Rates/Groups
Rate Rate Rate Rate Weight not over group group group group (lbs.) 1 2 3 4
0.5 ...... 24.00 25.00 32.00 32.00 1 ...... 33.00 34.00 39.00 45.00 2 ...... 38.00 40.00 46.00 52.00 3 ...... 40.00 46.00 53.00 59.00 4 ...... 43.00 50.00 60.00 66.00 5 ...... 46.00 55.00 67.00 73.00 6 ...... 48.00 58.00 72.00 80.00 7 ...... 51.00 61.00 76.00 86.00 8 ...... 53.00 65.00 80.00 93.00 9 ...... 55.00 68.00 85.00 100.00 10 ...... 58.00 70.00 89.00 104.00 11 ...... 60.00 73.00 92.00 109.00
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Rate Rate Rate Rate Weight not over group group group group (lbs.) 1 2 3 4
12 ...... 62.00 76.00 96.00 115.00 13 ...... 65.00 79.00 99.00 120.00 14 ...... 67.00 81.00 103.00 125.00 15 ...... 69.00 84.00 106.00 130.00 16 ...... 72.00 87.00 109.00 136.00 17 ...... 74.00 89.00 113.00 141.00 18 ...... 76.00 92.00 116.00 146.00 19 ...... 79.00 95.00 120.00 151.00 20 ...... 81.00 97.00 123.00 156.00 21 ...... 83.00 100.00 126.00 161.00 22 ...... 85.00 102.00 130.00 166.00 23 ...... 87.00 105.00 133.00 171.00 24 ...... 90.00 108.00 137.00 176.00 25 ...... 92.00 110.00 140.00 181.00 26 ...... 94.00 113.00 143.00 186.00 27 ...... 96.00 115.00 147.00 190.00 28 ...... 98.00 118.00 150.00 195.00 29 ...... 100.00 120.00 153.00 200.00 30 ...... 103.00 124.00 158.00 207.00 31 ...... 105.00 127.00 162.00 212.00 32 ...... 107.00 129.00 165.00 217.00 33 ...... 109.00 131.00 169.00 222.00 34 ...... 112.00 132.00 172.00 227.00 35 ...... 114.00 134.00 175.00 232.00 36 ...... 116.00 136.00 179.00 236.00 37 ...... 118.00 138.00 182.00 241.00 38 ...... 120.00 140.00 186.00 246.00 39 ...... 122.00 142.00 189.00 251.00 40 ...... 124.00 144.00 192.00 256.00 41 ...... 126.00 146.00 196.00 261.00 42 ...... 130.00 148.00 199.00 266.00 43 ...... 132.00 150.00 203.00 271.00 44 ...... 134.00 151.00 206.00 276.00 45 ...... 137.00 153.00 210.00 280.00 46 ...... 139.00 155.00 213.00 285.00 47 ...... 141.00 156.00 216.00 290.00 48 ...... 143.00 158.00 220.00 295.00 49 ...... 146.00 160.00 223.00 300.00 50 ...... 148.00 163.00 229.00 308.00 51 ...... 152.00 165.00 232.00 313.00 52 ...... 154.00 167.00 236.00 318.00 53 ...... 156.00 169.00 239.00 323.00 54 ...... 159.00 170.00 243.00 328.00 55 ...... 160.00 172.00 246.00 333.00 56 ...... 162.00 173.00 250.00 338.00 57 ...... 163.00 175.00 253.00 343.00 58 ...... 164.00 176.00 256.00 348.00 59 ...... 166.00 178.00 260.00 353.00 60 ...... 167.00 180.00 263.00 358.00 61 ...... 169.00 181.00 267.00 363.00 62 ...... 170.00 182.00 270.00 367.00 63 ...... 171.00 184.00 274.00 372.00 64 ...... 172.00 185.00 277.00 377.00 65 ...... 173.00 187.00 281.00 382.00 66 ...... 174.00 188.00 284.00 387.00 67 ...... 175.00 190.00 287.00 392.00 68 ...... 176.00 192.00 291.00 397.00 69 ...... 177.00 193.00 294.00 402.00 70 ...... 178.00 194.00 298.00 407.00
Rate Rate Rate Rate Weight not over group group group group (lbs.) 5 6 7 8
0.5 ...... 45.00 33.00 34.00 65.00 1 ...... 52.00 47.00 46.00 75.00 2 ...... 65.00 55.00 52.00 89.00 3 ...... 79.00 62.00 60.00 101.00 4 ...... 93.00 68.00 68.00 112.00 5 ...... 106.00 75.00 75.00 124.00 6 ...... 119.00 80.00 82.00 136.00 7 ...... 131.00 86.00 89.00 148.00
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Rate Rate Rate Rate Weight not over group group group group (lbs.) 5 6 7 8
8 ...... 143.00 91.00 96.00 160.00 9 ...... 156.00 96.00 103.00 172.00 10 ...... 165.00 102.00 110.00 180.00 11 ...... 175.00 105.00 116.00 191.00 12 ...... 185.00 109.00 122.00 203.00 13 ...... 195.00 113.00 127.00 215.00 14 ...... 205.00 117.00 132.00 226.00 15 ...... 214.00 121.00 137.00 238.00 16 ...... 223.00 125.00 142.00 249.00 17 ...... 231.00 129.00 147.00 260.00 18 ...... 238.00 133.00 153.00 271.00 19 ...... 246.00 137.00 159.00 282.00 20 ...... 253.00 141.00 165.00 293.00 21 ...... 260.00 144.00 171.00 302.00 22 ...... 268.00 148.00 176.00 311.00 23 ...... 275.00 152.00 181.00 318.00 24 ...... 283.00 156.00 186.00 325.00 25 ...... 290.00 160.00 191.00 333.00 26 ...... 298.00 164.00 196.00 340.00 27 ...... 305.00 168.00 201.00 347.00 28 ...... 313.00 172.00 206.00 355.00 29 ...... 320.00 176.00 211.00 362.00 30 ...... 331.00 182.00 216.00 373.00 31 ...... 338.00 186.00 221.00 381.00 32 ...... 346.00 190.00 226.00 388.00 33 ...... 353.00 194.00 231.00 396.00 34 ...... 361.00 198.00 236.00 403.00 35 ...... 369.00 202.00 241.00 411.00 36 ...... 376.00 206.00 246.00 418.00 37 ...... 384.00 210.00 251.00 426.00 38 ...... 391.00 214.00 256.00 433.00 39 ...... 398.00 218.00 261.00 440.00 40 ...... 404.00 222.00 266.00 448.00 41 ...... 411.00 226.00 271.00 455.00 42 ...... 418.00 230.00 276.00 463.00 43 ...... 425.00 234.00 281.00 470.00 44 ...... 432.00 238.00 286.00 478.00 45 ...... 439.00 242.00 291.00 485.00 46 ...... 446.00 246.00 296.00 492.00 47 ...... 452.00 250.00 301.00 500.00 48 ...... 459.00 254.00 306.00 507.00 49 ...... 466.00 258.00 311.00 515.00 50 ...... 478.00 264.00 316.00 528.00 51 ...... 485.00 264.00 321.00 543.00 52 ...... 492.00 272.00 326.00 543.00 53 ...... 499.00 276.00 331.00 559.00 54 ...... 506.00 280.00 336.00 559.00 55 ...... 513.00 283.00 341.00 572.00 56 ...... 520.00 288.00 346.00 572.00 57 ...... 527.00 291.00 351.00 584.00 58 ...... 533.00 296.00 356.00 584.00 59 ...... 540.00 299.00 361.00 597.00 60 ...... 547.00 304.00 366.00 597.00 61 ...... 554.00 307.00 371.00 612.00 62 ...... 560.00 313.00 376.00 612.00 63 ...... 568.00 315.00 381.00 627.00 64 ...... 571.00 321.00 386.00 627.00 65 ...... 582.00 323.00 391.00 642.00 66 ...... 582.00 329.00 396.00 642.00 67 ...... 593.00 331.00 401.00 657.00 68 ...... 595.00 337.00 406.00 657.00 69 ...... 604.00 339.00 411.00 672.00 70 ...... 604.00 345.00 416.00 672.00
216.2 Non-Document Service Rates/Groups
Rate Rate Rate Rate Weight not over group group group group (lbs.) A B C D
0.5 ...... 1 ...... 36.00 38.00 44.00 48.00
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Rate Rate Rate Rate Weight not over group group group group (lbs.) A B C D
2 ...... 41.00 45.00 51.00 55.00 3 ...... 44.00 51.00 58.00 64.00 4 ...... 47.00 55.00 65.00 71.00 5 ...... 50.00 60.00 72.00 78.00 6 ...... 52.00 63.00 77.00 85.00 7 ...... 55.00 66.00 81.00 91.00 8 ...... 57.00 71.00 86.00 98.00 9 ...... 59.00 74.00 91.00 105.00 10 ...... 62.00 77.00 95.00 111.00 11 ...... 64.00 80.00 100.00 116.00 12 ...... 66.00 83.00 104.00 122.00 13 ...... 69.00 86.00 107.00 127.00 14 ...... 71.00 88.00 111.00 132.00 15 ...... 73.00 91.00 114.00 137.00 16 ...... 76.00 94.00 117.00 143.00 17 ...... 78.00 97.00 121.00 148.00 18 ...... 80.00 100.00 124.00 153.00 19 ...... 83.00 103.00 128.00 158.00 20 ...... 87.00 107.00 131.00 165.00 21 ...... 89.00 110.00 134.00 170.00 22 ...... 91.00 112.00 138.00 175.00 23 ...... 93.00 115.00 141.00 180.00 24 ...... 96.00 118.00 145.00 185.00 25 ...... 98.00 120.00 148.00 190.00 26 ...... 100.00 122.00 153.00 195.00 27 ...... 102.00 123.00 157.00 199.00 28 ...... 104.00 126.00 160.00 204.00 29 ...... 106.00 128.00 163.00 209.00 30 ...... 109.00 132.00 168.00 216.00 31 ...... 111.00 135.00 172.00 221.00 32 ...... 113.00 137.00 175.00 226.00 33 ...... 115.00 139.00 179.00 231.00 34 ...... 118.00 141.00 182.00 236.00 35 ...... 120.00 143.00 185.00 241.00 36 ...... 122.00 145.00 189.00 245.00 37 ...... 124.00 147.00 192.00 250.00 38 ...... 126.00 149.00 196.00 255.00 39 ...... 128.00 151.00 199.00 260.00 40 ...... 130.00 153.00 202.00 268.00 41 ...... 132.00 155.00 206.00 273.00 42 ...... 136.00 157.00 209.00 278.00 43 ...... 138.00 159.00 213.00 283.00 44 ...... 140.00 160.00 216.00 288.00 45 ...... 143.00 162.00 220.00 295.00 46 ...... 145.00 164.00 223.00 300.00 47 ...... 147.00 165.00 226.00 305.00 48 ...... 149.00 167.00 230.00 310.00 49 ...... 151.00 169.00 233.00 315.00 50 ...... 152.00 172.00 239.00 320.00 51 ...... 156.00 174.00 242.00 325.00 52 ...... 158.00 176.00 246.00 330.00 53 ...... 160.00 178.00 249.00 335.00 54 ...... 163.00 179.00 253.00 340.00 55 ...... 164.00 181.00 256.00 345.00 56 ...... 166.00 182.00 260.00 350.00 57 ...... 167.00 184.00 263.00 355.00 58 ...... 168.00 185.00 266.00 360.00 59 ...... 170.00 187.00 270.00 365.00 60 ...... 170.00 189.00 273.00 370.00 61 ...... 172.00 193.00 277.00 375.00 62 ...... 173.00 194.00 280.00 379.00 63 ...... 174.00 196.00 284.00 384.00 64 ...... 175.00 197.00 287.00 389.00 65 ...... 176.00 199.00 291.00 394.00 66 ...... 177.00 200.00 294.00 399.00 67 ...... 178.00 202.00 297.00 404.00 68 ...... 179.00 204.00 301.00 409.00 69 ...... 180.00 205.00 304.00 414.00 70 ...... 181.00 206.00 308.00 419.00
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Rate Rate Rate Rate Weight not over group group group group (lbs.) E F G H
0.5 ...... 59.00 52.00 55.00 82.00 1 ...... 59.00 52.00 55.00 82.00 2 ...... 72.00 60.00 58.00 96.00 3 ...... 86.00 67.00 63.00 109.00 4 ...... 100.00 73.00 70.00 120.00 5 ...... 113.00 80.00 77.00 134.00 6 ...... 126.00 85.00 84.00 146.00 7 ...... 138.00 91.00 91.00 158.00 8 ...... 150.00 96.00 98.00 170.00 9 ...... 163.00 101.00 105.00 182.00 10 ...... 177.00 107.00 112.00 190.00 11 ...... 187.00 112.00 118.00 206.00 12 ...... 197.00 116.00 123.00 218.00 13 ...... 207.00 120.00 129.00 230.00 14 ...... 217.00 124.00 134.00 241.00 15 ...... 229.00 131.00 139.00 253.00 16 ...... 238.00 135.00 144.00 264.00 17 ...... 246.00 139.00 149.00 275.00 18 ...... 253.00 143.00 155.00 286.00 19 ...... 261.00 147.00 161.00 297.00 20 ...... 268.00 151.00 167.00 308.00 21 ...... 275.00 154.00 173.00 317.00 22 ...... 283.00 158.00 178.00 326.00 23 ...... 290.00 162.00 183.00 333.00 24 ...... 298.00 166.00 188.00 340.00 25 ...... 305.00 170.00 193.00 348.00 26 ...... 313.00 174.00 198.00 355.00 27 ...... 320.00 178.00 203.00 362.00 28 ...... 328.00 182.00 208.00 370.00 29 ...... 335.00 186.00 213.00 377.00 30 ...... 346.00 192.00 218.00 388.00 31 ...... 353.00 196.00 223.00 396.00 32 ...... 361.00 200.00 228.00 403.00 33 ...... 368.00 204.00 233.00 411.00 34 ...... 376.00 208.00 238.00 418.00 35 ...... 384.00 212.00 243.00 431.00 36 ...... 391.00 216.00 248.00 438.00 37 ...... 399.00 220.00 253.00 446.00 38 ...... 406.00 224.00 258.00 453.00 39 ...... 413.00 228.00 263.00 460.00 40 ...... 419.00 232.00 268.00 468.00 41 ...... 426.00 236.00 273.00 475.00 42 ...... 433.00 240.00 278.00 483.00 43 ...... 440.00 244.00 283.00 490.00 44 ...... 447.00 248.00 288.00 498.00 45 ...... 454.00 252.00 293.00 505.00 46 ...... 461.00 256.00 298.00 507.00 47 ...... 467.00 260.00 303.00 515.00 48 ...... 474.00 264.00 308.00 522.00 49 ...... 481.00 268.00 313.00 530.00 50 ...... 493.00 274.00 318.00 543.00 51 ...... 498.00 276.00 323.00 558.00 52 ...... 505.00 282.00 328.00 558.00 53 ...... 512.00 286.00 333.00 574.00 54 ...... 519.00 290.00 338.00 574.00 55 ...... 526.00 293.00 343.00 587.00 56 ...... 533.00 298.00 348.00 587.00 57 ...... 540.00 301.00 353.00 599.00 58 ...... 546.00 306.00 358.00 599.00 59 ...... 553.00 309.00 363.00 612.00 60 ...... 560.00 314.00 368.00 612.00 61 ...... 567.00 317.00 373.00 627.00 62 ...... 573.00 323.00 378.00 627.00 63 ...... 581.00 325.00 383.00 642.00 64 ...... 584.00 331.00 388.00 642.00 65 ...... 595.00 333.00 393.00 657.00 66 ...... 595.00 339.00 398.00 657.00 67 ...... 606.00 341.00 403.00 672.00 68 ...... 608.00 347.00 408.00 672.00 69 ...... 617.00 349.00 413.00 687.00 70 ...... 617.00 355.00 418.00 687.00
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* * * * * portion of the California State Pennsylvania Avenue, N.W., Implementation Plan (SIP). This action Washington D.C. 20460. Stanley F. Mires, was proposed in the Federal Register on Chief Counsel, Legislative. California Air Resources Board, August 9, 2000 and concerns volatile Stationary Source Division, Rule [FR Doc. 00–31358 Filed 12–8–00; 8:45 am] organic compound (VOC) emissions BILLING CODE 7710±12±P Evaluation Section, 2020 ‘‘L’’ Street, from surface cleaning and degreasing. Sacramento, CA 95812. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this Ventura County Air Pollution Control ENVIRONMENTAL PROTECTION action simultaneously approves a local District, 669 County Square Dr., 2nd Fl., AGENCY rule that regulates this emission source Ventura, CA 93003–5417. and directs California to correct rule 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: deficiencies. Yvonne Fong, Rulemaking Office (AIR– [CA 224±0268; FRL±6908±1] EFFECTIVE DATE: This rule is effective on 4), U.S. Environmental Protection January 10, 2001. Agency, Region IX, (415) 744–1199. Revisions to the California State ADDRESSES: You can inspect copies of Implementation Plan, Ventura County SUPPLEMENTARY INFORMATION: the administrative record for this action Air Pollution Control District Throughout this document, ‘‘we,’’ ‘‘us’’ at EPA’s Region IX office during normal and ‘‘our’’ refer to EPA. AGENCY: Environmental Protection business hours. You can inspect copies Agency (EPA). of the submitted SIP revisions at the I. Proposed Action ACTION: Final rule. following locations: Environmental Protection Agency, On August 9, 2000 (65 FR 48652), SUMMARY: EPA is finalizing a limited Region IX, 75 Hawthorne Street, San EPA proposed a limited approval and approval and limited disapproval of a Francisco, CA 94105–3901. limited disapproval of the following revision to the Ventura County Air Environmental Protection Agency, Air rule that was submitted for Pollution Control District’s (VCAPCD) Docket (6102), Ariel Rios Building, 1200 incorporation into the California SIP.
Local agency Rule No. Rule title Adopted Submitted
VCAPCD ...... 74.6 Surface Cleaning and Degreasing ...... 11/10/98 02/16/99
We proposed a limited approval described in our proposed action is not beyond those imposed by state law. because we determined that this rule changed. Therefore, as authorized in Accordingly, the Administrator certifies improves the SIP and is largely sections 110(k)(3) and 301(a) of the Act, that this rule will not have a significant consistent with the relevant CAA EPA is finalizing a limited approval of economic impact on a substantial requirements. We simultaneously the submitted rule. This action number of small entities under the proposed a limited disapproval because incorporates the submitted rule into the Regulatory Flexibility Act (5 U.S.C. 601 some rule provisions conflict with California SIP, including those et seq.). Because this rule approves pre- section 110 and part D of the Act. These provisions identified as deficient. As existing requirements under state law provisions are described below. authorized under section 110(k)(3), EPA and does not impose any additional • Rule 74.6 contains two director’s is simultaneously finalizing a limited enforceable duty beyond that required discretion clauses in Sections C and C2a disapproval of the rule. As a result, by state law, it does not contain any which are unapprovable because they sanctions will be imposed unless EPA allow the APCO to change SIP unfunded mandate or significantly or approves subsequent SIP revisions that uniquely affect small governments, as requirements without going through the correct the rule deficiencies within 18 described in the Unfunded Mandates rulemaking process. months of the effective date of this • Reform Act of 1995 (Public Law 104–4). Section C1f contains a reference to action. These sanctions will be imposed For the same reason, this rule also does Rule 74.32, Electronic Manufacturing under section 179 of the Act according not significantly or uniquely affect the Operations, which has never been to 40 CFR 52.31. In addition, EPA must submitted for approval into the SIP. The promulgate a federal implementation communities of tribal governments, as reference creates confusion over the plan (FIP) under section 110(c) unless specified by Executive Order 13084 (63 rule’s applicability. FR 27655, May 10, 1998). This rule will • we approve subsequent SIP revisions Section D requires that records of a that correct the rule deficiencies within not have substantial direct effects on the solvent’s intended uses, content, mix 24 months. Note that the submitted States, on the relationship between the ratio be recorded. Although the types of rules have been adopted by the national government and the States, or records that must be maintained are VCAPCD, and EPA’s final limited on the distribution of power and specified, the frequency with which disapproval does not prevent the local responsibilities among the various records should be kept is not specified. agency from enforcing them. levels of government, as specified in II. Public Comments and EPA Executive Order 13132 (64 FR 43255, IV. Administrative Requirements Responses August 10, 1999), because it merely EPA’s proposed action provided a 30- Under Executive Order 12866 (58 FR approves a state rule implementing a day public comment period. During this 51735, October 4, 1993), this action is federal standard, and does not alter the period, we did not receive any not a ‘‘significant regulatory action’’ and relationship or the distribution of power comments. therefore is not subject to review by the and responsibilities established in the Office of Management and Budget. This Clean Air Act. This rule also is not III. EPA Action action merely approves state law as subject to Executive Order 13045 (62 FR Because no comments were meeting federal requirements and 19885, April 23, 1997), because it is not submitted, our assessment of the rule as imposes no additional requirements economically significant.
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In reviewing SIP submissions, EPA’s such rule or action. This action may not numerous comments, generally taking role is to approve state choices, be challenged later in proceedings to the position that the criteria for provided that they meet the criteria of enforce its requirements. (See section redesignation to attainment given in the Clean Air Act. In this context, in the 307(b)(2).) Clean Air Act section 107(d)(3)(E) are absence of a prior existing requirement not met. EPA has reviewed these List of Subjects in 40 CFR Part 52 for the State to use voluntary consensus comments and, for the reasons set forth standards (VCS), EPA has no authority Environmental protection, Air below, continues to believe that the to disapprove a SIP submission for pollution control, Incorporation by redesignation criteria have been met and failure to use VCS. It would thus be reference, Intergovernmental relations, that these areas may be redesignated inconsistent with applicable law for Ozone, Reporting and recordkeeping and their maintenance plans approved. EPA, when it reviews a SIP submission, requirements, Volatile organic The Steubenville area includes to use VCS in place of a SIP submission compounds. portions of Brooke County, West that otherwise satisfies the provisions of Dated: November 1, 2000 Virginia, as well as Jefferson County, the Clean Air Act. Thus, the Felicia Marcus, Ohio. For administrative convenience requirements of section 12(d) of the EPA is taking action only on the Ohio Regional Administrator, Region IX. National Technology Transfer and portion of this area. Nevertheless, the Advancement Act of 1995 (15 U.S.C. Part 52, Chapter I, Title 40 of the Code action reflects review of air quality for 272 note) do not apply. As required by of Federal Regulations is amended as the entire area and Ohio’s fulfillment of section 3 of Executive Order 12988 (61 follows: its portion of an area-wide attainment FR 4729, February 7, 1996), in issuing plan that it developed jointly with West PART 52Ð[AMENDED] this rule, EPA has taken the necessary Virginia. In the future, if the standard is steps to eliminate drafting errors and 1. The authority citation for part 52 violated in either portion of the area, ambiguity, minimize potential litigation, continues to read as follows: such that redesignation back to and provide a clear legal standard for Authority: 42 U.S.C. 7401 et seq. nonattainment is warranted, EPA will affected conduct. EPA has complied propose to reinstate nonattainment with Executive Order 12630 (53 FR Subpart FÐCalifornia status for the entire area. 8859, March 15, 1988) by examining the EFFECTIVE DATE: This action will be takings implications of the rule in 2. Section 52.220 is amended by effective on January 10, 2001. accordance with the ‘‘Attorney adding paragraphs (c)(262)(i)(B)(3) to ADDRESSES: Copies of the Ohio’s General’s Supplemental Guidelines for read as follows: submittals and other information are the Evaluation of Risk and Avoidance of available for inspection during normal Unanticipated Takings’’ issued under § 52.220 Identification of plan. business hours at the following address: the executive order. This rule does not * * * * * (We recommend that you telephone impose an information collection (c) * * * John Summerhays at (312) 886–6067, burden under the provisions of the (262) * * * before visiting the Region 5 Office) Paperwork Reduction Act of 1995 (44 (i) * * * United States Environmental Protection U.S.C. 3501 et seq.). (B) * * * The Congressional Review Act, 5 (3) Rule 74.6, revised on November Agency, Region 5, Air Programs Branch U.S.C. 801 et seq., as added by the Small 10, 1998. (AR–18J), Regulation Development Business Regulatory Enforcement Section, 77 West Jackson Boulevard, * * * * * Chicago, Illinois 60604. Fairness Act of 1996, generally provides [FR Doc. 00–31330 Filed 12–8–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: John that before a rule may take effect, the BILLING CODE 6560±50±P agency promulgating the rule must Summerhays, Environmental Scientist, submit a rule report, which includes a United States Environmental Protection copy of the rule, to each House of the ENVIRONMENTAL PROTECTION Agency, Region 5, Air Programs Branch Congress and to the Comptroller General AGENCY (AR–18J), Regulation Development of the United States. EPA will submit a Section, 77 West Jackson Boulevard, report containing this rule and other 40 CFR Parts 52 and 81 Chicago, Illinois 60604, (312) 886–6067, required information to the U.S. Senate, ([email protected]). [OH±138±2; FRL±6914±7] the U.S. House of Representatives, and SUPPLEMENTARY INFORMATION: The terms the Comptroller General of the United Approval and Promulgation of ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ in this notice States prior to publication of the rule in Implementation Plans and Designation signify EPA. This notice is organized as the Federal Register. A major rule of Areas for Air Quality Planning follows: cannot take effect until 60 days after it Purposes; Ohio Table of Contents is published in the Federal Register. I. What actions did EPA propose, and why? This action is not a ‘‘major rule’’ as AGENCY: Environmental Protection II. What comments did EPA receive and what defined by 5 U.S.C. 804(2). Agency (EPA). are our responses? Under section 307(b)(1) of the Clean ACTION: Final rule. III. What actions is EPA taking, and why? Air Act, petitions for judicial review of IV. Administrative requirements. this action must be filed in the United SUMMARY: EPA is redesignating A. Executive Order 12866 States Court of Appeals for the Cuyahoga and Jefferson Counties, Ohio, B. Executive Order 13045 appropriate circuit by February 9, 2001. to attainment for particulate matter C. Executive Order 13084 Filing a petition for reconsideration by nominally 10 microns in aerodynamic D. Executive Order 13132 the Administrator of this final rule does diameter and smaller (PM10). EPA is E. Executive Order 12898 F. Regulatory Flexibility not affect the finality of this rule for the also approving Ohio’s plan for G. Unfunded Mandates purposes of judicial review nor does it maintaining air quality at levels below H. Submission to Congress and the extend the time within which a petition the applicable air quality standards. Comptroller General for judicial review may be filed, and EPA proposed these actions on July I. National Technology Transfer and shall not postpone the effectiveness of 10, 2000. One commenter submitted Advancement Act
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J. Petitions for Judicial Review standards. Two monitors in Cleveland Chapter of the Sierra Club. These µ 3 I. What Actions Did EPA Propose, and have recorded values above 150 g/m , comments are organized according to Why? requiring analysis of expected the five criteria for redesignation listed exceedances at these locations above. The following comment On July 10, 2000, EPA published consistent with the provisions of summaries and EPA responses are rulemaking proposing to approve a Appendix K of 40 CFR 50. EPA found organized accordingly. maintenance plan and redesignation of a sufficiently low expected frequency of 1. Attainment Cuyahoga and Jefferson Counties, Ohio, exceedances to propose to conclude that to attainment for particulate matter, these locations, like the rest of Comment: The commenter cites EPA’s specifically for particles known as PM10. Cuyahoga County, are attaining the Air Information Retrieval System (AIRS) (See 65 FR 43212.) This proposal was standards. database as showing that one of the based on a request from the State of The second criterion is that EPA has monitoring sites, at East 14th Street and Ohio submitted in preliminary form on fully approved the necessary air quality Orange Avenue in Cleveland, ‘‘had 6 May 22, 2000. This action pertains to control plans. EPA has previously expected exceedances of the 24 hour the PM10 standards promulgated in 1987 concluded that relevant requirements PM 10 standard in 1999. Moreover, AIRS at 40 CFR 50.6, for which designations were met, as stated in rulemakings data shows that the same monitor has are published at 40 CFR 81. This action published on May 27, 1994, at 59 FR recorded 6 expected exceedances so far does not pertain to the PM10 standards 27464, and June 12, 1996, at 61 FR in the year 2000.’’ The commenter states promulgated in 1997 at 40 CFR 50.7, 29662, supplementing earlier that the total of 12 expected which have been vacated by the District rulemakings. In acting on redesignation exceedances at this site means that the of Columbia Circuit Court of Appeals requests, EPA has consistently area has not attained the standard. and for which no designations have interpreted section 107(d)(3) as The commenter further states that been published. permitting the Agency to rely on prior ‘‘EPA seeks to discount the 6 expected Ohio’s maintenance plan relies approvals of SIP provisions when exceedances in 1999 at [the above site] predominantly on the emissions limits reviewing redesignation requests. See by citing data from other monitors that already included in its State Memorandum from John Calcagni, did not exceed the standard that year.’’ Implementation Plan (SIP) that have Director of the Air Quality Management The commenter states that disregarding been shown to limit emissions from the Division dated September 4, 1992. For violations based on data at other sites is significant sources in these areas a recent discussion of redesignation not authorized in Appendix K, and EPA sufficiently to assure attainment. The requirements see 65 FR 37879 (June 19, may not use guidance documents to attainment plan addresses maximum 2000) (redesignation to attainment for amend Appendix K to grant itself this allowable emissions, so the plan ozone of the Cincinnati-Hamilton authority. provides for continued attainment even moderate ozone nonattainment area). Response: The commenter if source production rates grow to The third criterion for redesignation is summarizes air quality at the East 14th maximum capacity. Ohio’s maintenance that attainment be attributable to Street site by reporting a statistic from plan supplements this with evidence of permanent and enforceable emission a summary of air quality data that EPA declining impacts from other, reductions. EPA found that permanent provides on the internet. By its nature, unregulated sources, which contribute and enforceable emission limits have this summary statistic is derived by an to the background concentration yielded permanent emission reductions oversimplified approach, and thus included in the attainment that satisfied this criterion at numerous inaccurately reflects what the data demonstration. Specifically, Ohio cited facilities in the two counties. The fourth show. This statistic in this context is population declines in the two counties, criterion is that EPA has approved a derived by automated, default which will lead to reduced emissions maintenance plan that assures procedures that cannot make the case- from consumer activities, and federal continued attainment. As discussed by-case judgments involved in assessing regulations requiring reduced emissions above, EPA proposed to approve Ohio’s attainment status for regulatory from diesel engines. Ohio further cited maintenance plan. Final approval of this purposes. For example, the statistic that emission regulations which will reduce plan, which is part of today’s action, the commenter cites does not reflect emissions below attainment levels at the completes the satisfaction of this judgments that must be made by EPA, coke batteries found in the two areas. criterion. The fifth criterion is that the such as whether to exempt the site from EPA proposed to conclude on the basis State be found to have met applicable expected exceedance adjustments of these plan elements that these requirements of section 110 and Part D pursuant to Appendix K section 3.1(f) counties can be expected to continue of the Clean Air Act. Based on various and 40 CFR 58.13. A more appropriate attaining the applicable PM10 standards rulemakings, starting with rulemaking evaluation of the 1999 data at this site for the requisite 10 years. of April 15, 1974 (39 FR 13539) up to is presented in the notice of proposed EPA reviewed Ohio’s redesignation and including EPA’s rulemaking of June rulemaking. This evaluation indicates request on the basis of five criteria given 12, 1996 (61 FR 29662), EPA finds that that only approximately one exceedance in section 107(d)(3)(E) of the Clean Air the State met these requirements. In is expected at that location. A similar Act. The first criterion is attainment of summary, EPA proposed to find that evaluation of the 2000 data at this site, the air quality standards. All monitors Ohio had met all five criteria for as described further below, also have annual average concentrations redesignation for PM 10 in Cuyahoga and indicates approximately one exceedance below the annual standard. The 24-hour Jefferson Counties, and so EPA is expected. Based on these data, EPA is standard is met if the expected proposed to redesignate these counties determining that the 3-year average frequency of values above 150 µg/m3 is to attainment. number of expected exceedances at this 1.0 day per year or less. All the monitors site is less than the 1.0 level, and thus in the Steubenville area and most of the II. What Comments Did We Receive and the site is in attainment consistent with monitors in Cuyahoga County have What Are Our Responses? section 2.1 of Appendix K. recorded no recent exceedances of this EPA received comments from one It is also apparent that the commenter air quality standard. These monitors commenter, the Earthjustice Legal may have misunderstood the discussion clearly indicate attainment of these Defense Fund, representing the Ohio in the proposal relating to the
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With respect to NSR, EPA believes place prior to the redesignation of for the enforcement of the measures that Cuyahoga and Jefferson Counties Cuyahoga and Jefferson Counties. described in subparagraph (A), and may be redesignated to attainment EPA believes that requiring the regulation of the modification and notwithstanding the lack of a fully- adoption and full approval of a part D construction of any stationary source approved NSR program meeting the NSR program prior to redesignation within the areas covered by the plan as requirements of the 1990 Clean Air Act would not be of significant necessary to assure that NAAQS are Amendments. This view has been set environmental value in this case. When achieved, including a permit program as forth by EPA in a memorandum from an area is redesignated to attainment, a required in parts C and D.’’ If the term Mary Nichols, Assistant Administrator new source must satisfy prevention of ‘‘measures’’ as used in section 110 for Air and Radiation, dated October 14, significant deterioration (PSD) (a)(2)(A) and (C) had been intended to 1994, entitled ‘‘Part D New Source requirements rather than nonattainment include PSD and NSR there would have Review (part D NSR) Requirements for new source review. PSD requires that been no point to requiring that SIPs Areas Requesting Redesignation to new sources demonstrate that their include both measures and Attainment.’’ Also, see Cincinnati- construction will not increase ambient preconstruction review under parts C Hamilton redesignation (65 FR 37879, concentrations significantly and will not and D (PSD or NSR). Unless ‘‘measures’’ June 19, 2000) and Grand Rapids, result in concentrations above the air referred to something other than Michigan redesignation (61 FR 31834– quality standard. This may be compared preconstruction review under parts C 31837, June 21, 1996). This policy has to requirements under nonattainment and D, the reference to preconstruction also been applied in ozone area new source review for new sources review programs in section 110(a)(2)(C) redesignations of Youngstown-Warren, to secure emission reductions to offset would be rendered mere surplusage. Columbus, Canton, Cleveland-Akron- their new emissions. EPA believes that Thus, in section 110(a)(2) (A) and (C), it Lorain, Dayton-Springfield, Toledo, there would be trivial if any is apparent that Congress distinguished Preble County, Columbiana County, and environmental value of applying ‘‘measures’’ from preconstruction Clinton County, Ohio, as well as Detroit, nonattainment new source requirements review. On the other hand, in other Michigan. in Cuyahoga and Jefferson Counties provisions of the Clean Air Act, such as rather than PSD requirements. section 161, Congress appeared to EPA believes that its decision not to The other purpose that requiring the include PSD within the scope of the insist on a fully approved NSR program full approval of a part D NSR program term ‘‘measures.’’ as a prerequisite to redesignation is might serve is to ensure that NSR would EPA believes that the fact that justifiable as an exercise of the Agency’s become a contingency provision in the Congress used the undefined term general authority to establish de maintenance plan required for these ‘‘measure’’ differently in different minimis exceptions to statutory areas by section 107(d)(3)(E)(iv) and sections of the Clean Air Act is germane. requirements. See Alabama Power Co. v. 175A(d). These provisions require that This indicates that the term is Costle, 636 F.2d 323, 360–61 (D.C. Cir. for an area to be redesignated to susceptible to more than one 1979). Under Alabama Power Co. v. attainment, it must receive full approval interpretation and that EPA has the Costle, EPA has the authority to of a maintenance plan containing ‘‘such discretion to interpret it in a reasonable establish de minimis exceptions to contingency provisions as the manner in the context of section 175A. statutory requirements where the Administrator deems necessary to Inasmuch as Congress itself has used the application of the statutory assure that the State will promptly term in a manner that excluded PSD and requirements would be of trivial or no correct any violation of the standard NSR from its scope, EPA believes it is value environmentally. In this context, which occurs after the redesignation of reasonable to interpret ‘‘measure,’’ as the issue presented is whether EPA has the area as an attainment area. Such used in section 175A(d), not to include the authority to establish an exception provisions shall include a requirement NSR. That this is a reasonable to the requirements of section that the State will implement all interpretation is further supported by 107(d)(3)(E) that EPA must fully measures with respect to the control of the fact that PSD, a program that is the approve a SIP meeting all of the the air pollutant concerned which were corollary of part D NSR for attainment requirements applicable to an area contained in the SIP for the area before areas, goes into effect in lieu of part D under section 110 and part D of title I redesignation of the area as an NSR when an area is redesignated to of the Clean Air Act before attainment area.’’ Based on this attainment. This distinguishes NSR redesignating the area. Plainly, the NSR language, it is apparent that whether an from other required programs under the provisions of section 110 and part D are approved NSR program must be Clean Air Act, such as inspection and requirements that were applicable to included as a contingency provision maintenance programs, which have no Cuyahoga and Jefferson Counties at the depends on whether it is a ‘‘measure’’ corollary for attainment areas. time of the submission of the request for for the control of the pertinent air Moreover, EPA believes that those other redesignation. Thus, on its face, section pollutants. required programs are clearly within the 107(d)(3)(E) would seem to require that The term ‘‘measure’’ is not defined in scope of the term ‘‘measure.’’ the State submit and EPA fully approve section 175A(d) and Congress utilized EPA is not suggesting that NSR and a part D NSR program meeting the that term differently in different PSD are equivalent, but merely that they requirements of the Clean Air Act before provisions of the Clean Air Act with are the same type of program. The PSD an area could be redesignated to respect to the PSD and NSR permitting program is a requirement in attainment attainment. Under EPA’s de minimis programs. For example, in section areas and is designed to allow new authority, however, the agency may 110(a)(2)(A), Congress requires that SIPs source permitting, yet contains adequate establish an exception to an otherwise include ‘‘enforceable emission provisions to protect the NAAQS. If any plain statutory requirement if its limitations and other control measures, information, including preconstruction fulfillment would be of little or no means, or techniques * * * as may be monitoring, indicates that an area is not environmental value. Therefore, it is necessary or appropriate to meet the continuing to meet the NAAQS after necessary to determine what would be applicable requirements of the Act.’’ In redesignation to attainment, the achieved by insisting that there be a section 110(a)(2)(C), Congress requires requirements of 40 CFR part 51, fully-approved part D NSR program in that SIPs include ‘‘a program to provide appendix S (Interpretive Offset Rule) or
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Maintenance planning for PM10 as part of an assessment of trends in conjunction with adoption of Tier 2 differs from maintenance planning for background concentrations. motor vehicle emission standards, ozone in this respect. Attainment plans Despite the relative insignificance of discussed in the Federal Register of for PM10 for areas like Cuyahoga and motor vehicle emissions, EPA has February 10, 2000 (65 FR 6698 and Jefferson Counties must demonstrate examined detailed assessments 6719). The commenter states that ‘‘EPA that attainment will occur even if pertinent to motor vehicle emissions in identified Cuyahoga County as an area sources emit their maximum allowable Cuyahoga County. Ohio submitted with a ’significant risk of failing to amount. As a result, attainment and extensive detail on current and attain and maintain the PM10 [air maintenance do not depend on projected traffic volumes in the quality standards] without further maintaining preexisting levels of Cleveland area as part of its reductions in emissions.’’’ The production by facilities in the area. maintenance plan for this area for commenter acknowledges future Since the modeled industrial sources in ozone. Between 1996 and 2010, traffic reductions from the Tier 2 standards but the area are the principal contributors to volumes are projected to increase by states that ‘‘EPA has not shown that high PM10 levels in these counties, the less than one percent per year. Most of these reductions will be sufficient or maintenance plan will consist this growth is occurring in the outer will occur soon enough to prevent principally of the limits on these counties of the area; Cuyahoga County NAAQS violations’’ throughout the next industrial sources provided in the traffic is projected to grow by less than 10 years. 1 attainment plan. The only remaining ⁄3 percent per year. Meanwhile, Response: In preparation for adopting question pertains to future background emissions per vehicle are declining as a its Tier 2 motor vehicle emission result of previous regulations plus the concentrations. If the State can standards, EPA attempted a national tighter fuel and emission standards of demonstrate that background analysis of prospective attainment with the Tier 2 rules discussed below. concentrations will decline over the and without these standards. EPA Between now and 2010, emissions per next ten years, then the maintenance identified eight areas as areas of ‘‘high vehicle are expected to decline an demonstration will consist of that risk of failing to attain or maintain the average of 2.5 percent per year, not demonstration in conjunction with the PM NAAQS’’. These areas had including the significant emission 10 previously approved attainment monitored violations in 1996 to 1998 reductions that will result from the Tier demonstration, and the maintenance and were projected to have continued 2 rules. The net projected effect is a plan’s control measures will consist of violations in 2030 without the Tier 2 significant decline in motor vehicle the control measures in the attainment standards. These areas were all in plan. emissions in Cuyahoga County over the next ten years. Similar information California or neighboring States. EPA Ozone maintenance plans are indicates a less than one percent traffic then identified five additional counties, different because ozone attainment growth rate in the Steubenville area as including Cuyahoga County, as having a plans address actual production levels. well, so this area too will likely witness risk of future violations of the PM10 This means first that ozone maintenance declining motor vehicle emissions. NAAQS. These counties were defined as plans must project any increases or EPA believes that Ohio has addressed attaining the NAAQS based on 1996 to decreases in future production. Such important elements of the background 1998 data but projected to violate the projections must consider all significant concentrations. EPA believes that the standards in 2030 in the absence of Tier source types, and cannot be restricted to net reduction in motor vehicle 2 regulations. The rulemaking cited by addressing background contributors. emissions plus the reduction in other the commenter states, ‘‘There is a Thus, maintenance plans for PM10 for emissions associated with population substantial risk that at least some of areas like Cuyahoga and Jefferson will yield a net decline in background [these latter five counties] would fail to County are considerably less concentrations. According to the maintain without further emission complicated and have much less attainment demonstration that EPA has reductions. The emission reductions potential to require additional controls approved, these background from the Tier 2/Gasoline Sulfur program than maintenance plans for ozone. concentrations in combination with will help to keep them in 40 The commenter expressed concern maximum allowable impacts from attainment.’’ EPA in fact adopted the that the ‘‘indicators’’ that Ohio cites are significant sources add up to Tier 2 regulations, so projections of not indicative of regional PM10 concentrations below the standard. possible future nonattainment without emissions. In fact, Ohio should not be Consequently, EPA believes that Ohio’s these regulations are irrelevant. seeking to indicate trends in regional maintenance plan provides for Contrary to the commenter’s statements, emissions. Ohio is properly relying on maintenance of the PM10 standards. EPA’s analysis for the relevant scenario existing SIP limits to address the most Ohio does not explicitly address (with Tier 2 standards) shows continued significant regional emissions, and whether maintenance is assured for 10 maintenance. In addition, a projection focusing its additional trend analyses on years. However, Ohio’s approved that vehicle emissions without Tier 2 sources affecting ‘‘background’’ attainment demonstration shows that standards could reach levels sufficient concentrations. Ohio need not address the standard will be maintained, to help cause violations by 2030 does increased production at important principally due to permanent emission not necessarily mean that violations industrial facilities, because all limits on significant sources, so long as would occur by 2010, the timeframe that increases up to maximum production background emissions remain at or is germane here. In any case, the Tier 2 are already accommodated in the below current levels. Ohio provided rulemaking notes that ‘‘[a]fter reviewing attainment/maintenance demonstration. evidence that background emissions public comments on our presentation of Ohio need not address construction of will remain at or below current levels these modeling results, [EPA] concluded new pollution sources, because PSD throughout the next 10 years. that [its analysis is] suitable for regulations require any significant new Consequently, EPA is satisfied that Ohio estimating PM concentration reductions source to demonstrate that its emissions has assured maintenance for the for economic benefits estimation, [but] it will not cause violations of the requisite 10 years. is not a tool we can use with high standards. Ohio needs to address Comment: The commenter cites confidence for predicting that increased vehicle ownership, but only results of an EPA analysis conducted in individual areas that are now in
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attainment will become nonattainment The commenter acknowledges that for PM10 and is approving Ohio’s PM10 in the future.’’ Thus the most relevant the Ohio SIP includes contingency maintenance plan for these counties. analysis is Ohio’s attainment modeling measures. These measures, approved on The redesignation action reflects EPA’s and maintenance plan information, May 6, 1996 (61 FR 20142), are triggered judgment of Ohio’s request, focusing on which considers local data on the on the basis of air quality monitoring the five criteria given in Clean Air Act significance of motor vehicle emissions data irrespective of attainment status. Section 107(d)(3)(E) for redesignations and on the population (and thus the That is, these measures are valid from nonattainment to attainment. number of drivers). This information, maintenance plan contingency measures The first criterion is that the areas are like the Tier 2 analysis, supports EPA’s because they take effect if violations in fact attaining the standards. The conclusion that Cuyahoga County will recur for any reason after redesignation standards in question are the PM10 maintain the PM10 NAAQS over the of the areas to attainment. The question standards given in 40 CFR 50.6, next ten years. of interest here, then, is whether these promulgated in 1987. Although EPA Comment: The commenter objects contingency measures are adequate to promulgated new standards for PM10 that what EPA calls a maintenance plan satisfy Section 175A(d). into 40 CFR 50.7, these new standards ‘‘lacks enforcement programs and The commenter’s quote from Section have been vacated by the District of commitments of resources’’ as well as 175A(d) omits a key qualifier that Columbia Circuit Court of Appeals, no ‘‘legal authority.’’ In addition, the invokes EPA’s judgment in assessing designations have been promulgated for contingency measure adequacy for these new standards, and this rule commenter states that PM10 motor vehicle emissions budget is ‘‘required maintenance plan purposes. The full addresses only the older standards. not only for purposes of the attainment sentence in Section 175A(d) reads: No concentrations exceeding the plan, but also for a maintenance plan as ‘‘Each plan revision submitted under applicable standards have been well.’’ Finally, the commenter states this section shall contain such recorded in Jefferson County or in most that ‘‘the state lacks adequate contingency provisions as the of Cuyahoga County. Exceedances contingency plans for maintenance’’ Administrator deems necessary occurred at two sites in Cleveland. One pursuant to Section 175A(d). The [emphasis added] to assure that the site was found to have 2 exceedances of the 24-hour standard over 3 years, commenter acknowledges that Ohio has State will promptly correct any which was found to translate to 0.7 contingency measures ‘‘designed to violation of the standard which occurs expected exceedances per year. EPA produce limited annual progress toward after the redesignation of the area as an proposed this finding, no commenter attainment in the event of a shortfall,’’ attainment area.’’ Section 175A(d) does challenged this finding, and EPA now but the commenter believes that these not dictate that the maintenance plan concludes that the standard is being measures fail to meet a different contingency measures be sufficient by attained at this site. A second site requirement applicable to maintenance themselves to correct any violation of the standard. Instead, these measures observed 1 exceedance of the 24-hour plans ‘‘to assure that the State will need only be sufficient in EPA’s standard in 1997 to 1999, which was promptly correct any violation of the judgment to help assure that the State found to translate to 0.3 expected standard.’’ will promptly correct any future exceedances per year. A commenter Response: The requirements under violation. challenged this view, noting that EPA’s Section 110(a)(2)(E) that the commenter A variety of sources emit PM10, so AIRS database indicates 6 expected cites were addressed in general by Ohio nonattainment can occur for a variety of exceedances in 1999 as well as 6 in its initial SIP, submitted on January reasons. EPA cannot reasonably expect expected exceedances in 2000. As 31, 1972, and ultimately approved on maintenance plan contingency measures discussed above in response to April 15, 1974 (39 FR 13539). EPA’s by themselves to address all possible comments, EPA finds that the more conclusion in that rulemaking remains future violations. Instead, EPA must sophisticated methods of data valid, that Ohio’s enforcement program, judge the contingency measures in the interpretation described in the proposed commitment of resources, and legal context of the types of future violations rulemaking give a better assessment of authority are adequate and assure that that it views as most likely and in the expected exceedances at this site. These measures in the SIP (including context of other factors which help methods indicate that the site had maintenance plan measures) will be assure that the State will correct any approximately one expected exceedance implemented. See Calcagni future violations. for 1999. A similar assessment of the Memorandum cited above and Additional factors that help assure data so far in 2000 also indicate Southwestern Pennsylvania Growth prompt correction of any future PM10 approximately one expected Alliance v. Browner, 144 F.3d 984 (6th violation in Cuyahoga County or the exceedance. While it is problematic to Cir. 1998). See also discussion in Steubenville area include provisions in average in data for only half of 2000, Cincinnati-Hamilton redesignation Ohio’s regulations that allow the State these data support a conclusion that notice at 65 FR 37882. If EPA were to to impose additional source controls if expected exceedances averaged over 3 find that SIP measures were not being violations occur and provisions in the years is less than 1.0. Consequently, implemented, for lack of the above or Clean Air Act Section 110(h) (provisions EPA finds that these two sites, as well for any other reason, the process leading for SIP Calls). EPA is satisfied that the as the rest of Cuyahoga County, are to sanctions under Section 179(a)(4) contingency measures that are included attaining the applicable PM10 standards. would commence. in Ohio’s maintenance plan for As noted in the proposed rulemaking, A response above clarifies that motor Cuyahoga and Jefferson Counties, in Jefferson County is part of a two-state vehicle emission budgets are not combination with other factors, assure area that also includes a portion of required for PM10 in areas where motor that Ohio will promptly correct any Brooke County, West Virginia. vehicles do not contribute significantly future violations in these areas. Satisfaction of the attainment criterion to PM10 nonattainment. Thus, neither requires that air quality throughout this the attainment plans nor the III. What Actions Is EPA Taking, and two-state Steubenville area be attaining maintenance plans for Cuyahoga and Why? the standards. The West Virginia Jefferson Counties need to have a motor EPA is redesignating Cuyahoga and portion of this area has one monitor, vehicle emissions budget. Jefferson Counties in Ohio to attainment which has shown no recent
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40 CFR Part 81 Authority: 42 U.S.C. 7401 et seq. PART 81Ð[AMENDED] Environmental protection, Air Subpart KKÐOhio pollution control, National parks, 1. The authority citation for part 81 Wilderness areas. 2. Section 52.1880 is amended by continues to read as follows: Dated: November 29, 2000. removing and reserving paragraph (d) Authority: 42 U.S.C. 7401 et seq. Elissa Speizman, and adding paragraph (j) to read as follows: 2. Section 81.336 is amended by Acting Regional Administrator, Region 5. revising the table ‘‘Ohio—PM–10’’ to Chapter I, title 40 of the Code of § 52.1880 Control strategy: Particulate read as follows: Federal Regulations is amended as matter. follows: (j) Approval—EPA is approving the § 81.336 Ohio. * * * * * PART 52Ð[AMENDED] PM10 maintenance plan for Cuyahoga and Jefferson Counties that Ohio 1. The authority citation for part 52 submitted on May 22, 2000, and July 13, continues to read as follows: 2000.
OHIOÐPM±10
Designation Classification Designated Area Date Type Date Type
Cuyahoga County ...... 1/10/01 Attainment. Jefferson County The area bounded by Market Street (State Route 43) from the West Virginia/ 1/10/01 Attainment. Ohio border west to Sunset Blvd. (U.S. Route 22), Sunset Blvd. west to the Steubenville Township/Cross Creek Township boundary, the Township boundary south to the Steubenville Corporation limit, the corporation boundary east to State Route 7, State Route 7 South to the Steubenville Township/Wells Township boundary, the Township boundary Unclassifiable east to the West Virginia/Ohio border, and North on the bor- der to Market Street Rest of State ...... 11/15/90 Unclassifiable.
* * * * * FM Priorities. With this action, this FEDERAL COMMUNICATIONS [FR Doc. 00–31329 Filed 12–8–00; 8:45 am] proceeding is terminated. COMMISSION BILLING CODE 6560±50±U FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 Arthur D. Scrutchins, Mass Media Bureau, (202) 418–2180. [DA 00±2711, MM Docket No. 99±58; RM± FEDERAL COMMUNICATIONS 9461 RM±9611] COMMISSION SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Radio Broadcasting Services; 47 CFR Part 73 Memorandum Opinion and Order, MM Strattanville and Farmington (DA 00±2713, MM Docket No. 94±29, RM± Docket No. 94–29, adopted November Township, PA 8416) 22, 2000 and released December 1, 2000. AGENCY: Federal Communications The full text of this Commission Commission. Radio Broadcasting Services; Willows decision is available for inspection and ACTION: Final rule. and Dunnigans, California copying during normal business hours AGENCY: Federal Communications in the FCC Reference Information Center SUMMARY: The Commission, at the Commission. (Room CY–A257), at its headquarters, request of West Wind Broadcasting, ACTION: Final rule: petition for 445 12th Street, S.W. Washington, D.C. allots Channel 267A at Strattanville, reconsideration. The complete text of this decision Pennsylvania, as the community’s first may also be purchased from the local aural transmission service (RM– SUMMARY: This document denies the Commission’s copy contractors, 9461). See 64 FR 8782, February 23, petition for reconsideration filed by International Transcription Service, 1999. At the request of Clarion County Marysville Radio, Inc. and Roseville Inc., (202) 857–3800, 1231 20th Street, Broadcasting, Inc., we also allot Channel Radio, Inc., of our Report and Order, 60 N.W. Washington, D.C. 20036. 291A at Farmington Township, FR 55332 (October 31, 1995) which Pennsylvania, as the community’s first substituted Channel 288B1 for Channel Federal Communications Commission. local aural transmission service (RM– 288A and reallotted Channel 288B1 John A. Karousos, 9611). Channel 267A can be allotted at from Willows to Dunnigan, California Chief, Allocations Branch, Policy and Rules Strattanville in compliance with the and modified the license for Station Division, Mass Media Bureau. Commission’s minimum distance KIQS–FM accordingly. The Commission [FR Doc. 00–31398 Filed 12–8–00; 8:45 am] separation requirements with a site determined that a new engineering BILLING CODE 6712±01±P restriction of 15.1 kilometers (9.4 miles) study can not be relied upon and that northeast to avoid a short-spacing to the the Report and Order properly licensed site of Station WORD-FM, compared the existing and proposed Channel 268B, Pittsburgh, arrrangement of allotments under the Pennsylvania. The coordinates for
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Channel 267A at Strattanville are 41– List of Subjects in 47 CFR Part 73 modified to reflect new cost study data 18–36 North Latitude and 79–13–05 Radio broadcasting. or changes in Board or Interstate West Longitude. See Supplementary Commerce Commission fee policy. Information, infra. Part 73 of title 47 of the Code of Because Board employees received a Federal Regulations is amended as salary increase of 4.94% in January DATES: Effective January 15, 2001. A follows: 2000, we are updating our user fees to filing window , will not be opened at recover the increased personnel costs. PART 73ÐRADIO BROADCAST this time. Instead, the issue of opening We also are increasing the fees to take SERVICES filing windows for these channels will into account an approximate increase of be addressed by the Commission in a 1. The authority citation for part 73 4.2% in our publication costs. With subsequent order. continues to read as follows: certain exceptions, all fees will be updated based on our cost formula FOR FURTHER INFORMATION CONTACT: Authority: 47 U.S.C. 54, 303, 334, 336. Sharon P. McDonald, Mass Media contained in 49 CFR 1002.3(d). Bureau, (202) 418–2180. § 73.202 [Amended] The fee increases involved here result 2. Section 73.202(b), the Table of FM only from the mechanical application of SUPPLEMENTARY INFORMATION: This is a Allotments under Pennsylvania, is the update formula in 49 CFR 1002.3(d), synopsis of the Commission’s Report amended by adding Strattanville, which was adopted through notice and and Order, MM Docket No. 99–58, Channel 267A; and by adding comment procedures in Regulations adopted November 22, 2000, and Farmington Township, Channel 291A. Governing Fees for Services—1987 released December 1, 2000. The full text Update, 4 I.C.C.2d 137 (1987). In of this Commission decision is available Federal Communications Commission. addition, no new fees are being for inspection and copying during John A. Karousos, proposed in this proceeding. Therefore, normal business hours in the FCC Chief, Allocations Branch, Policy and Rules we believe notice and comment are Reference Information Center (Room Division, Mass Media Bureau. unnecessary for this proceeding. See CY-A257), 445 12th Street, SW., [FR Doc. 00–31399 Filed 12–8–00; 8:45 am] Regulations Governing Fees for Washington, DC. The complete text of BILLING CODE 6712±01±P Services—1990 Update, 7 I.C.C.2d 3 this decision may also be purchased (1990); Regulations Governing Fees for from the Commission’s copy Services—1991 Update, 8 I.C.C.2d 13 contractors, International Transcription DEPARTMENT OF TRANSPORTATION (1991); and Regulations Governing Fees Service, Inc., (202) 857–3800, 1231 20th for Services—1993 Update, 9 I.C.C.2d Street, NW., Washington, DC 20036. Surface Transportation Board 855 (1993). We conclude that the fee changes Additionally, Channel 291A can be 49 CFR Part 1002 being adopted here will not have a allotted to Farmington Township in significant economic impact on a compliance with the Commission’s [STB Ex Parte No. 542 (Sub±No. 5)] substantial number of small entities minimum distance separation because the Board’s regulations provide requirements with a site restriction of Regulations Governing Fees for for waiver of filing fees for those entities 15.1 kilometers (9.4 miles) to avoid a Services Performed in Connection that can make the required showing of short-spacing to the construction permit With Licensing and Related ServicesÐ 2000 Update financial hardship. site of Station WMKX(FM), Channel Additional information is contained 388B1, Brookville, Pennsylvania, and AGENCY: Surface Transportation Board. in the Board’s decision. To obtain a the licensed and construction permit ACTION: Final rules. copy of the full decision, write, call, or sites of Station WCTL(FM), Channel pick up in person from Da-to-Da Office 292A Union City, Pennsylvania. The SUMMARY: The Board adopts its 2000 Solutions, Suite 405, Surface coordinates for Channel 291A at User Fee Update and revises its fee Transportation Board, 1925 K Street, Farmington Township are 41–30–54 schedule at this time to recover the cost NW., Washington, DC 20423–0001. North Latitude and 79–18–13 West associated with the January 2000 Telephone: (202) 466–5530. [Assistance Longitude. Since Strattanville is located Government salary increases plus for the hearing impaired is available within 320 kilometers (200) miles of the increases to its Federal Register through TDD services 1–800–877–8339.] U.S.-Canadian border, Canadian publication costs. List of Subjects in 49 CFR Part 1002 concurrence for the allotment of EFFECTIVE DATE: These rules are effective Channel 267A at Strattanville has been January 10, 2001. Administrative practice and obtained. However, concurrence for the FOR FURTHER INFORMATION CONTACT: procedure, Common carriers, Freedom allotment of Channel 292A at of information, User fees. Farmington Township has been David T. Groves, (202) 565–1551, or Decided: December 4, 2000. requested, but not yet received. Anne Quinlan, (202) 565–1727. [TDD Therefore, if a construction permit is for the hearing impaired: (202) 565– By the Board, Chairman Morgan, Vice 1695.] Chairman Burkes, and Commissioner granted to Farmington Township prior Clyburn. SUPPLEMENTARY INFORMATION: to the receipt of formal concurrence in The Vernon A. Williams, the allotment by the Canadian Board’s regulations in 49 CFR 1002.3 Secretary. government, the construction permit require the Board’s user fee schedule to will include the following condition: be updated annually. The Board’s For the reasons set forth in the ‘‘Operation with the facilities specified regulations in 49 CFR 1002.3(a) provide preamble, title 49, chapter X, part 1002, herein is subject to modification, that the entire fee schedule or selected of the Code of Federal Regulations is suspension or termination without right fees can be modified more than once a amended as follows: to a hearing, if found by the year, if necessary. The Board’s fees are PART 1002ÐFEES Commission to be necessary in order to revised based on the cost study formula conform to the USA-Canadian FM set forth at 49 CFR 1002.3(d). Also, in 1. The authority citation for part 1002 Broadcast Agreement.’’ some previous years, selected fees were continues to read as follows:
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Authority: 5 U.S.C. 552(a)(4)(A) and 553; etc., incidental thereto, at the rate of Grade Rate 31 U.S.C. 9701 and 49 U.S.C. 721(a). $19.00 per hour. GS±7 ...... 15.67 2. Section 1002.1 is amended by * * * * * (e) * * * GS±8 ...... 17.36 revising paragraphs (b), (c) and (e)(1) GS±9 ...... 19.17 and the table in paragraph (f)(6) to read (1) A fee of $49.00 per hour for professional staff time will be charged GS±10 ...... 21.12 as follows: when it is required to fulfill a request GS±11 ...... 23.20 GS±12 ...... 27.81 for ADP data. § 1002.1 Fees for records search, review, GS±13 ...... 33.07 copying, certification, and related services. * * * * * GS±14 ...... 39.07 * * * * * (f) * * * GS±15 and over ...... 45.96 (6) * * * (b) Service involved in examination of * * * * * tariffs or schedules for preparation of Grade Rate certified copies of tariffs or schedules or 2. In § 1002.2, paragraph (f) is revised extracts therefrom at the rate of $28.00 GS±1 ...... $8.21 to read as follows: per hour. GS±2 ...... 8.94 GS±3 ...... 10.08 § 1002.2 Filing fees. (c) Service involved in checking GS±4 ...... 11.31 records to be certified to determine GS±5 ...... 12.65 * * * * * authenticity, including clerical work, GS±6 ...... 14.11 (f) Schedule of filing fees.
Type of proceeding Fee
Part I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Arrangement
(1) An application for the pooling or division of traffic ...... $2,900 (2) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303 ...... 1,400 (3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13703...... 18,300 (4) An application for approval of an amendment to a non-rail rate association agreement: (i) Significant amendment ...... 3,100. (ii) Minor amendment ...... 70. (5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i) ...... 300 (6) A notice of exemption for transaction within a motor passenger corporate family that does not result in adverse changes in serv- ice levels, significant operational changes, or a change in the competitive balance with motor passenger carriers outside the cor- porate family ...... 1,100 (7)±(10) [Reserved]
Part II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings
(11)(i) An application for a certificate authorizing the extension, acquisition, or operation of lines of railroad. 49 U.S.C. 10901 ...... 4,800 (ii) Notice of exemption under 49 CFR 1150.31±1150.35 ...... 1,200 (iii) Petition for exemption under 49 U.S.C. 10502 ...... 8,300 (12) (i) An application involving the construction of a rail line ...... 49,300 (ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36 ...... 1,200 (iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line ...... 49,300 (13) A Feeder Line Development Program application filed under 49 U.S.C. 10907(b)(1)(A)(i) or 10907(b)(1)(A)(ii) ...... 2,600 (14) (i) An application of a class II or class III carrier to acquire an extended or additional rail line under 49 U.S.C. 10902 ...... 4,100 (ii) Notice of exemption under 49 CFR 1150.41±1150.45 ...... 1,200 (iii) Petition for exemption under 49 U.S.C. 10502 relating to an exemption from the provisions of 49 U.S.C. 10902 ...... 4,400 (15) A notice of a modified certificate of public convenience and necessity under 49 CFR 1150.21±1150.24 ...... 1,100 (16)±(20) [Reserved]
Part III: Rail Abandonment or Discontinuance of Transportation Services Proceedings
(21) (i) An application for authority to abandon all or a portion of a line of railroad or discontinue operation thereof filed by a railroad (except applications filed by Consolidated Rail Corporation pursuant to the Northeast Rail Service Act [Subtitle E of Title XI of Pub. L. 97±35], bankrupt railroads, or exempt abandonments) ...... 14,600 (ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 ...... 2,500 (iii) A petition for exemption under 49 U.S.C. 10502 ...... 4,200 (22) An application for authority to abandon all or a portion of a line of a railroad or operation thereof filed by Consolidated Rail Cor- poration pursuant to Northeast Rail Service Act ...... 300 (23) Abandonments filed by bankrupt railroads ...... 1,200 (24) A request for waiver of filing requirements for abandonment application proceedings ...... 1,200 (25) An offer of financial assistance under 49 U.S.C. 10904 relating to the purchase of or subsidy for a rail line proposed for aban- donment ...... 1,000 (26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be abandoned ...... 14,900 (27) A request for a trail use condition in an abandonment proceeding under 16 U.S.C.1247(d) ...... 150 (28)±(35) [Reserved]
Part IV: Rail Applications to Enter Upon a Particular Financial Transaction or Joint Arrangement
(36) An application for use of terminal facilities or other applications under 49 U.S.C. 11102 ...... 12,500 (37) An application for the pooling or division of traffic. 49 U.S.C. 11322 ...... 6,800
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Type of proceeding Fee
(38) An application for two or more carriers to consolidate or merge their properties or franchises (or a part thereof) into one cor- poration for ownership, management, and operation of the properties previously in separate ownership. 49 U.S.C. 11324: (i) Major transaction ...... $986,300 (ii) Significant transaction ...... 197,200 (iii) Minor transaction ...... 5,300 (iv) Notice of an exempt transaction under 49 CFR 118.02(d) ...... 1,100 (v) Responsive application ...... 5,300 (vi) Petition for exemption under 49 U.S.C. 10502 ...... 6,200 (39) An application of a non-carrier to acquire control of two or more carriers through ownership of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... 986,300 (ii) Significant transaction ...... 197,200 (iii) Minor transaction ...... 5,300 (iv) A notice of an exempt transaction under 49 CFR 118.02(d) ...... 950 (v) Responsive application ...... 5,300 (vi) Petition for exemption under 49 U.S.C. 10502 ...... 6,200 (40) An application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines owned and operated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324: (i) Major transaction ...... 986,300 (ii) Significant transaction ...... 197,200 (iii) Minor transaction ...... 5,300 (iv) Notice of an exempt transaction under 49 CFR 118.02(d) ...... 850 (v) Responsive application ...... 5,300 (vi) Petition for exemption under 49 U.S.C. 10502 ...... 6,200 (41) An application of a carrier or carriers to purchase, lease, or contract to operate the properties of another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... 986,300 (ii) Significant transaction ...... 197,200 (iii) Minor transaction ...... 5,300 (iv) Notice of an exempt transaction under 49 CFR 118.02(d) ...... 1,000 (v) Responsive application ...... 5,300 (vi) Petition for exemption under 49 U.S.C. 10502 ...... 4,400 (42) Notice of a joint project involving relocation of a rail line under 49 CFR 1180.2(d)(5) ...... 1,600 (43) An application for approval of a rail rate association agreement. 49 U.S.C. 10706 ...... 46,100 (44) An application for approval of an amendment to a rail rate association agreement. 49 U.S.C. 10706 (i) Significant amendment ...... 8,600. (ii) Minor amendment ...... 70 (45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 ...... 500 (46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise covered ...... 5,300 (47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 ...... 150 (48) National Railroad Passenger Corporation (Amtrak) compensation proceeding under Section 402(a) of the Rail Passenger Serv- ice Act ...... 150 (49)±(55) [Reserved]
Part V: Formal Proceedings
(56) A formal complaint alleging unlawful rates or practices of carriers: (i) A formal complaint filed under the coal rate guidelines (Stand-Alone Cost Methodology) alleging unlawful rates and/or prac- tices of rail carriers under 49 U.S.C. 10704(c)(1) ...... 55,000 (ii) All other formal complaints (except competitive access complaints ...... 5,400 (iii) Competitive access complaints ...... 150 (57) A complaint seeking or a petition requesting institution of an investigation seeking the prescription or division of joint rates or charges. 49 U.S.C. 10705...... 5,800 (58) A petition for declaratory order: (i) A petition for declaratory order involving a dispute over an existing rate or practice which is comparable to a complaint pro- ceeding ...... 1,000. (ii) All other petitions for declaratory order ...... 1,400 (59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) ...... 4,700 (60) Labor arbitration proceedings ...... 150 (61) Appeals to a Surface Transportation Board decision and petitions to revoke an exemption pursuant to 49 U.S.C. 10502(d) ...... 150 (62) Motor carrier undercharge proceedings ...... 150 (63)±(75) [Reserved]
Part VI: Informal Proceedings
(76) An application for authority to establish released value rates or ratings for motor carriers and freight forwarders of household goods under 49 U.S.C. 14706 ...... 800 (77) An application for special permission for short notice or the waiver of other tariff publishing requirements ...... 80 (78) (i) The filing of tariffs, including supplements, or contract summaries (per page, $16 minimum charge) ...... 1 (ii) Tariffs transmitted by fax (per page) ...... 1 (79) Special docket applications from rail and water carriers: (i) Applications involving $25,000 or less ...... 50 (ii) Applications involving over $25,000 ...... 100 (80) Informal complaint about rail rate applications ...... 400
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Type of proceeding Fee
(81) Tariff reconciliation petitions from motor common carriers: (i) Petitions involving $25,000 or less ...... $50 (ii) Petitions involving over $25,000 ...... 100 (82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 U.S.C. 13710(a)(2) and (3) .... 150 (83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c) (per document) ...... 27 (84) Informal opinions about rate applications (all modes) ...... 150 (85) A railroad accounting interpretation ...... 750 (86) An operational interpretation ...... 950 (87) Arbitration of Certain Disputes Subject to the Statutory Jurisdiction of the Surface Transportation Board under 49 CFR 1108: (i) Complaint ...... 75 (ii) Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... 75 (iii) Third Party Complaint ...... 75 (iv) Third Party Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... 75 (v) Appeals of Arbitration Decisions or Petitions to Modify or Vacate an Arbitration Award ...... 150 (88)±(95) [Reserved]
Part VII: Service
(96) Messenger delivery of decision to a railroad carrier's Washington, DC, agent (per delivery) ...... 21 (97) Request for service or pleading list for proceedings (per list) ...... 16 (98) (i) Processing the paperwork related to a request for the Carload Waybill Sample to be used in a Surface Transportation Board or State proceeding that does not require a FEDERAL REGISTER notice ...... 200 (ii) Processing the paperwork related to a request for Carload Waybill Sample to be used for reasons other than a Surface Transportation Board or State proceeding that requires a FEDERAL REGISTER notice ...... 450 (99) (i) Application fee for the Surface Transportation Board's Practitioners' Exam ...... 100 (ii) Practitioners' Exam Information Package ...... 25 (100) Uniform Railroad Costing System (URCS) software and information: (i) Initial PC version URCS Phase III software program and manual ...... 50 (ii) Updated URCS PC version Phase III cost file, if computer disk provided by requestor ...... 10 (iii) Updated URCS PC version Phase III cost file, if computer disk provided by the Board ...... 20 (iv) Public requests for Source Codes to the PC version URCS Phase III ...... 500 (v) PC version or mainframe version URCS Phase II ...... 400 (vi) PC version or mainframe version Updated Phase II databases ...... 50 (vii) Public requests for Source Codes to PC version URCS Phase II ...... 1,500 (101) Carload Waybill Sample data on recordable compact disk (R±CD): (i) Requests for Public Use File on R±CDÐFirst Year ...... 450 (ii) Requests for Public Use File on R±CD Each Additional Year ...... 150 (iii) WaybillÐSurface Transportation Board or State proceedings on R±CDÐFirst Year ...... 650 (iv) WaybillÐSurface Transportation Board or State proceedings on R±CDÐSecond Year on same R±CD ...... 450 (v) WaybillÐSurface Transportation Board of State proceeding on R±CDÐSecond Year on different R±CD ...... 500 (vi) User Guide for latest available Carload Waybill Sample ...... 50
* * * * * [FR Doc. 00–31344 Filed 12–8–00; 8:45 am] BILLING CODE 4915±00±P
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Proposed Rules Federal Register Vol. 65, No. 238
Monday, December 11, 2000
This section of the FEDERAL REGISTER Washington, DC 20250–0200; telephone: establish volume regulations for tart contains notices to the public of the proposed (202) 720–2491, or Fax: (202) 720–5698. cherries. issuance of rules and regulations. The Small businesses may request Also, the Fruit and Vegetable purpose of these notices is to give interested Programs of the Agricultural Marketing persons an opportunity to participate in the information on compliance with this regulation by contacting Jay Guerber, Service (AMS), U.S. Department of rule making prior to the adoption of the final Agriculture, proposed to adopt such rules. Marketing Order Administration Branch, Fruit and Vegetable Programs, changes as may be necessary to the AMS, USDA, P.O. Box 96456, room order, if either or both of the above DEPARTMENT OF AGRICULTURE 2525–S, Washington, DC 20090–6456; amendments are adopted, so that all of telephone (202) 720–2491; Fax (202) its provisions conform with the Agricultural Marketing Service 720–5698. proposed amendment. No conforming changes have been deemed necessary. 7 CFR Part 930 SUPPLEMENTARY INFORMATION: Prior Upon the basis of evidence documents in this proceeding: Notice of introduced at the hearing and the record Hearing issued on November 12, 1998, thereof, the Administrator of the [Docket Nos. AO±370±A6; FV98±930±2] and published in the November 17, Agricultural Marketing Service (AMS) Tart Cherries Grown in the States of 1998, issue of the Federal Register (63 on December 29, 1999, filed with the Michigan, New York, Pennsylvania, FR 63803). Recommended Decision and Hearing Clerk, U.S. Department of Oregon, Utah, Washington, and Opportunity to File Written Exceptions Agriculture, a Recommended Decision Wisconsin; Secretary's Decision and issued on December 29, 1999, and and Opportunity to File Written Referendum Order on Proposed published in the Federal Register on Exceptions thereto by February 4, 2000. Amendment of Marketing Agreement January 5, 2000 (65 FR 672). Five exceptions and briefs were filed and Order No. 930 This administrative action is governed during the period provided regarding by the provisions of sections 556 and the two proposed revisions to the order. AGENCY: Agricultural Marketing Service, 557 of Title 5 of the United States Code Two of those supported the conclusions USDA. and, therefore, is excluded from the reached in the Recommended Decision ACTION: Proposed rule and referendum requirements of Executive Order 12866. concerning the proposed revision of the order. definition of ‘‘sales constituency’’— Preliminary Statement those filed by the Board and by James SUMMARY: This decision proposes The proposed amendments were R. Jensen, President, CherrCo, Inc. Three amendments to the marketing agreement formulated on the record of a public were opposed to that amendment— and order (order) for tart cherries and hearing held in Grand Rapids, Michigan those filed by Timothy O. Brian, provides growers and processors with on December 1, 1998, and in Salt Lake Smeltzer Orchard Co.; Terry Dorsing, the opportunity to vote in a referendum City, Utah on December 3, 1998. The President, Washington Tart Cherry to determine if they favor the proposed hearing was held to consider the Products, Inc.; and Lee Schrepel, Chair, amendments. The proposed proposed amendment of Marketing Oregon Tart Cherry Association. With amendments were submitted by the Agreement and Order No. 930, regard to the second amendment, the Cherry Industry Administrative Board regulating the handling of tart cherries proposed revision of the optimum (Board), which is responsible for local grown in the States of Michigan, New supply formula, the Board supported administration of the order. One York, Pennsylvania, Oregon, Utah, and Mr. Dorsing did not object to this amendment would clarify the current Washington, and Wisconsin, hereinafter amendment. The specific issues raised in the limitation on the number of Board referred to collectively as the ‘‘order.’’ exceptions are discussed in the Small members that may be from, or affiliated The hearing was held pursuant to the Business Considerations and Findings with, a single ‘‘sales constituency’’ by provisions of the Agricultural Marketing and Conclusions sections of this amending the definition of that term. Agreement Act of 1937, as amended (7 document. Another would simplify the method U.S.C. 601 et seq.), hereinafter referred used to establish volume regulations for to as the Act, and the applicable rules Small Business Considerations tart cherries. The proposed changes are of practice and procedure governing Pursuant to the requirements set forth intended to improve the operation and proceedings to formulate marketing in the Regulatory Flexibility Act (RFA), functioning of the tart cherry marketing agreements and marketing orders (7 CFR the AMS has considered the economic order program. part 900). The Notice of Hearing impact of this action on small entities. DATES: The referendum shall be contained amendment proposals Accordingly, the AMS has prepared this conducted from January 15 through submitted by the Board and the U.S. final regulatory flexibility analysis. January 26, 2001. The representative Department of Agriculture. The purpose of the RFA is to fit period for the purpose of the The Board proposed two regulatory actions to the scale of referendum herein ordered is June 1, amendments. One would amend the business subject to such actions so that 1999, through May 31, 2000. current order provision which defines small businesses will not be unduly or FOR FURTHER INFORMATION CONTACT: the term ‘‘sales constituency’’ in order disproportionately burdened. Small Anne M. Dec, Marketing Specialist, to clarify the intent of the Board agricultural producers have been Marketing Order Administration membership limitation regarding sales defined by the Small Business Branch, Fruit and Vegetable Programs, constituency affiliation. The second Administration (SBA) (13 CFR 121.201) AMS, USDA, room 2525–S, would simplify the method used to as those having annual receipts of less
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List of Subjects in 7 CFR Part 930 the smallest regional production area § 930.50 Marketing policy. Marketing agreements, Tart cherries, which is practicable, consistent with (a) Optimum supply. On or about July Reporting and recordkeeping carrying out the declared policy of the 1 of each crop year, the Board shall hold requirements. Act, and the issuance of several orders a meeting to review sales data, applicable to subdivisions of the inventory data, current crop forecasts Dated: December 5, 2000. production area would not effectively and market conditions in order to Kenneth C. Clayton, carry out the declared policy of the Act; establish an optimum supply level for Associate Administrator, Agricultural and the crop year. The optimum supply Marketing Service. (4) The marketing agreement and volume shall be calculated as 100 Order Amending the Order Regulating order, as hereby proposed to be percent of the average sales of the prior the Handling of Tart Cherries Grown in amended, prescribe, insofar as three years, reduced by the average sales the States of Michigan, New York, practicable, such different terms that represent dispositions of restricted Pennsylvania, Oregon, Utah, applicable to different parts of the percentage cherries qualifying for Washington, and Wisconsin 1 production area as are necessary to give diversion credit for the same three due recognition to the differences in the years, unless the Board determines that Findings and Determinations production and marketing of tart it is necessary to recommend otherwise Thefindings and determinations cherries grown in the production area; with respect to sales of restricted hereinafter set forth are supplementary and percentage cherries, to which shall be and in addition to the findings and (5) All handling of tart cherries grown added a desirable carryout inventory not determinations previously made in in the production area is in the current to exceed 20 million pounds or such connection with the issuance of the of interstate or foreign commerce or other amount as the Board, with the order; and all of said previous findings directly burdens, obstructs, or affects approval of the Secretary, may establish. and determinations are hereby ratified such commerce. This optimum supply volume shall be and affirmed, except insofar as such Order Relative to Handling announced by the Board in accordance findings and determinations may be in with paragraph (h) of this section. It is therefore ordered, That on and conflict with the findings and * * * * * after the effective date hereof, all determinations set forth herein. handling of tart cherries grown in the [FR Doc. 00–31455 Filed 12–8–00; 8:45 am] (a) Findings and Determinations Upon States of Michigan, New York, BILLING CODE 3410±02±P the Basis of the Hearing Record. Pennsylvania, Oregon, Utah, Pursuant to the provisions of the Washington and Wisconsin, shall be in Agricultural Marketing Agreement Act conformity to, and in compliance with, DEPARTMENT OF JUSTICE of 1937, as amended (7 U.S.C. 601 et the terms and conditions of the said seq.), and the applicable rules of Drug Enforcement Administration order as hereby proposed to be amended practice and procedure effective as follows: thereunder (7 CFR part 900), a public 21 CFR Part 1308 The provisions of the proposed hearing was held upon the proposed marketing agreement and the order [DEA±209P] amendments to the Marketing amending the order contained in the Agreement and Order No. 930 (7 CFR RIN 1117±AA59 Recommended Decision issued by the part 930), regulating the handling of tart Administrator on December 29, 1999, cherries Grown in the States of Schedule of Controlled Substances: and published in the Federal Register Michigan, New York, Pennsylvania, Placement of Dichloralphenazone Into on January 5, 2000, shall be and are the Oregon, Utah, Washington, and Schedule IV terms and provisions of this order Wisconsin. amending the order and are set forth in AGENCY: Drug Enforcement Upon the basis of the evidence full herein. Administration (DEA), Department of introduced at such hearing and the Justice. record thereof, it is found that: PART 930ÐTART CHERRIES GROWN ACTION: Notice of proposed rulemaking. (1) The marketing agreement and IN THE STATES OF MICHIGAN, NEW order, as hereby proposed to be YORK, PENNSYLVANIA, OREGON, SUMMARY: This proposed rule is issued amended, and all of the terms and UTAH, WASHINGTON, AND by the Deputy Administrator of the Drug conditions thereof, will tend to WISCONSIN Enforcement Administration (DEA) to effectuate the declared policy of the Act; expressly list dichloralphenazone as a (2) The marketing agreement and 1. The authority citation for 7 CFR Schedule IV controlled substance under order, as hereby proposed to be part 930 continues to read as follows: the Controlled Substances Act (CSA). amended, regulate the handling of tart Authority: 7 U.S.C. 601–674. This proposed action is based on the cherries grown in the production area in DEA’s interpretation that 2. In part 930, § 930.16 is revised to the same manner as, and is applicable dichloralphenazone is a compound read as follows: only to persons in the respective classes containing chloral hydrate, a Schedule of commercial and industrial activity § 930.16 Sales constituency. IV controlled substance under 21 CFR specified in the marketing order upon Sales constituency means a common part 1308; by definition, which hearings have been held; marketing organization or brokerage dichloralphenazone is also a Schedule (3) The marketing agreement and firm or individual representing a group IV substance. If finalized, this action order, as hereby proposed to be of handlers and growers. An will impose the regulatory controls and amended, are limited in application to organization which receives criminal sanctions of Schedule IV on consignments of cherries and does not those persons who handle 1 This order shall not become effective unless and direct where the consigned cherries are dichloralphenazone or products until the requirements of § 900.14 of the rules of containing dichloralphenazone. practice and procedure governing proceedings to sold is not a sales constituency. formulate marketing agreements and marketing 3. In § 930.50, paragraph (a) is revised DATES: Comments must be received by orders have been met. to read as follows: February 9, 2001.
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ADDRESSES: Comments should be rule, if finalized, would specifically list Dichloralphenazone to be surrendered submitted in triplicate to the Deputy dichloralphenazone as a Schedule IV to DEA must be listed on a DEA Form Administrator, Drug Enforcement depressant. In addition, this notice 41, ‘‘Inventory of Controlled Substances Administration, Washington, D.C. provides an opportunity for interested Surrendered for Destruction.’’ DEA 20537; Attention: DEA Federal Register persons to comment, in writing, with Form 41 and instructions can be Representative/CCR. regard to any information they feel may obtained from the nearest DEA office. have a bearing on this matter. FOR FURTHER INFORMATION CONTACT: 3. Security Frank Sapienza, Chief, Drug and What Regulatory Requirements Will Be Chemical Evaluation Section, Drug Dichloralphenazone must be Applied to Handlers of manufactured, distributed and stored in Enforcement Administration, Dichloralphenazone? Washington, D.C. 20537, (202) 307– accordance with 21 CFR 1301.71, Persons currently involved with the 7183. 1301.72(b), (c), and (d), 1301.73, manufacture or handling of this 1301.74, 1301.75(b) and (c) and 1301.76 SUPPLEMENTARY INFORMATION: substance are not expected to comply after date of publication of the final rule What Is Dichloralphenazone? with DEA regulations applicable to a in the Federal Register. Schedule IV substance until such time Dichloralphenazone (also known as as a final rule is published in the 4. Labeling and Packaging dichloralantipyrine) is a compound Federal Register. If/When a final rule is All commercial containers of containing two molecules of chloral published in the Federal Register, dichloralphenazone that are packaged hydrate (2,2,2-trichloro-1,1-ethanediol) persons who manufacture, distribute, on or after 180 days from date of and one molecule of phenazone (1,2- dispense, import, export, store or engage publication of the final rule in the dihydro-1,5-dimethyl-2-phenyl- in research with dichloralphenazone Federal Register must have the 3Hpyrazol-3-one); CAS No. 480–30–8. will be provided with delayed dates for appropriate Schedule IV labeling and Dichloralphenazone is a sedative compliance with Federal regulations in packaging as required by 21 CFR typically used in combination with order to avoid imposing any special 1302.03–1302.07. Commercial isometheptene mucate and hardship. Upon publication of a final containers of dichloralphenazone acetaminophen in formulating rule, the applicable regulations and packaged before 180 days from date of prescription pharmaceuticals for the amount of time for compliance will be publication of the final rule in the relief of tension and vascular headaches. as follows: Federal Register and not meeting the When dichloralphenazone is 1. Registration requirements specified in 21 CFR administered or placed in an aqueous 1302.03–1302.07 may be distributed solution (a liquid preparation of any Any person who manufactures, until 270 days from date of publication substance dissolved in water) it distributes, dispenses, imports or of the final rule in the Federal Register. dissociates to form chloral hydrate and exports dichloralphenazone or who On and after 270 days from date of phenazone. engages in research or conducts publication of the final rule in the instructional activities or chemical Why Is DEA Issuing This Notice? Federal Register all commercial analysis with respect to this containers of dichloralphenazone must Schedule IV controlled substances are preparation, or who proposes to engage bear the CIV labels as specified in 21 listed in 21 CFR 1308.14. Section in such activities, must be registered to CFR 1302.03–1302.07. 1308.14(c) lists 49 depressants, conduct such activities in accordance including chloral hydrate, that are with 21 CFR part 1301 on and after 30 5. Inventory Schedule IV controlled substances. The days from date of the publication of the Registrants possessing first sentence of 21 CFR 1308.14(c) final rule in the Federal Register. Any dichloralphenazone are required to take states that the category of Schedule IV person who is currently engaged in any inventories pursuant to 21 CFR 1304.03, depressants includes ‘‘any material, of the above activities must submit an 1304.04 and 1304.11 after publication of compound, mixture, or preparation application for registration by 30 days the final rule in the Federal Register. which contains any quantity of’’ the from date of publication of the final rule substances listed in the section. Since in the Federal Register. Any such 6. Records dichloralphenazone is a compound person may then continue their All registrants must keep records containing chloral hydrate, it is likewise activities until the DEA has approved or pursuant to 21 CFR 1304.03, 1304.04 a Schedule IV depressant. denied that application. and 1304.21–1304.23 after publication It has come to the attention of the of the final rule in the Federal Register. DEA that a large portion of the 2. Disposal of Stocks 7. Prescriptions pharmaceutical industry that handles Any person who elects not to obtain dichloralphenazone or products a Schedule IV registration or is not All prescriptions for containing dichloralphenazone has entitled to such registration must dichloralphenazone or prescriptions for failed to recognize that this is a surrender all quantities of currently products containing dichloralphenazone compound containing chloral hydrate. held dichloralphenazone in accordance are to be issued pursuant to 21 CFR To clarify this situation, the Deputy with procedures outlined in 21 CFR 1306.03–1306.06 and 1306.21–1306.26. Administrator is publishing this notice 1307.21 on or before 30 days from date All prescriptions for proposing that dichloralphenazone be of publication of the final rule in the dichloralphenazone or products expressly listed as a Schedule IV Federal Register, or may transfer all containing dichloralphenazone issued depressant and assigned a specific DEA quantities of currently held on or before 60 days from date of control number. dichloralphenazone to a person publication of the final rule in the registered under the CSA and Federal Register, if authorized for What Is the Effect of This Notice? authorized to possess Schedule IV refilling, shall, as of that date, be limited This notice clarifies the DEA’s control substances on or before 30 days to five refills and shall not be refilled position regarding the control status for from date of publication of the final rule after 180 days from date of publication dichloralphenazone. This proposed in the Federal Register. of the final rule in the Federal Register.
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8. Importation and Exportation deemed necessary under the provisions Dated: November 30, 2000. All importation and exportation of of the Unfunded Mandates Reform Act Julio F. Mercado, dichloralphenazone shall be in of 1995. Deputy Administrator. compliance with 21 CFR part 1312 after Small Business Regulatory Enforcement [FR Doc. 00–31356 Filed 12–8–00; 8:45 am] publication of the final rule in the Fairness Act of 1996 BILLING CODE 4410±09±M Federal Register. This rule is not a major rule as 9. Criminal Liability defined by Section 804 of the Small LIBRARY OF CONGRESS Any activity with dichloralphenazone Business Regulatory Enforcement not authorized by, or in violation of, the Fairness Act of 1996. This rule will not Copyright Office CSA or the Controlled Substances result in an annual effect on the Import and Export Act shall be unlawful economy of $100,000,000 or more; a 37 CFR Part 201 on or after 30 days from date of major increase in costs or prices; or publication of the final rule in the significant adverse effects on [Docket No. RM 2000±4B] Federal Register, except as authorized competition, employment, investment, in that rule. productivity, innovation, or on the Public Performance of Sound ability of United States-based Recordings: Definition of a Service Regulatory Certifications companies to compete with foreign- AGENCY: Copyright Office, Library of Regulatory Flexibility Act based companies in domestic and Congress. export markets. The Deputy Administrator hereby ACTION: Petition for rulemaking, denial. certifies that this rulemaking has been Plain Language Instructions drafted in a manner consistent with the SUMMARY: On April 17, 2000, the Digital principles of the Regulatory Flexibility The Drug Enforcement Media Association (‘‘DiMA’’) filed a Act (5 U.S.C. 601 et seq.). It will not Administration makes every effort to petition with the Copyright Office, have a significant economic impact on write clearly. If you have suggestions as requesting that the Office initiate a a substantial number of small business to how to improve the clarity of this rulemaking proceeding to amend the entities. Most handlers of regulation, call or write Patricia M. rule that defines the term ‘‘Service’’ for dichloralphenazone or prescription Good, Chief, Liaison and Policy Section, purposes of the statutory license products containing this substance are Office of Diversion Control, Drug governing the public performance of already registered to handle controlled Enforcement Administration, sound recordings by means of digital substances and are subject to the Washington, D.C. 20537, telephone audio transmissions. DiMA sought an regulatory requirements of the CSA. (202) 307–7297. amendment that, if adopted, would List of Subjects in 21 CFR Part 1308 expand the current definition of the Executive Order 12866 term ‘‘Service’’ to state that a service is The Deputy Administrator further Administrative practice and not interactive simply because it offers certifies that this rulemaking has been procedure, Drug traffic control, the consumer some degree of influence drafted in accordance with the Narcotics, prescription drugs. over the programming offered by the principles in Executive Order 12866 webcaster. For the reasons set forth in Section 1(b). DEA has determined that Under the authority vested in the this notice, the Copyright Office is this is not a significant rulemaking Attorney General by Section 201(a) of denying the DiMA petition. action. Therefore, this action has not the CSA [21 U.S.C. 811(a)], and delegated to the Administrator of the DATE: December 11, 2000. been reviewed by the Office of FOR FURTHER INFORMATION CONTACT: Management and Budget. DEA by the Department of Justice regulations (21 CFR 0.100), and David O. Carson, General Counsel, or Executive Order 12988 redelegated to the Deputy Administrator Tanya M. Sandros, Senior Attorney, This regulation meets the applicable of the DEA pursuant to 28 CFR 0.104, Copyright Arbitration Royalty Panel, standards set forth in Sections 3(a) and the Deputy Administrator hereby P.O. Box 70977, Southwest Station, 3(b)(2) of Executive Order 12988 Civil proposes that 21 CFR part 1308 be Washington, DC 20024. Telephone: Justice Reform. amended as follows: (202) 707–8380. Telefax: (202) 252– 3423. Executive Order 13132 PART 1308Ð[AMENDED] SUPPLEMENTARY INFORMATION: This rulemaking does not preempt or modify any provision of state law; nor 1. The authority citation for 21 CFR Background does it impose enforcement part 1308 continues to read as follows: Since the enactment of the Digital responsibilities on any state; nor does it Authority: 21 U.S.C. 811, 812, 871(b) Performance Right in Sound Recordings diminish the power of any state to unless otherwise noted. Act of 1995 (‘‘DPRA’’), Public Law 104– enforce its own laws. Accordingly, this 39, copyright owners of sound 2. Section 1308.14 is proposed to be rulemaking does not have federalism recordings have enjoyed an exclusive amended by redesignating the existing implications warranting the application right to perform their copyrighted works paragraphs (c)(15) through (c)(49) as of Executive order 13132. Unfunded publicly by means of a digital audio (c)(16) through (c)(50) and by adding a Mandates Reform Act of 1995 transmission, subject to certain new paragraph (c)(15) to read as follows: This rule will not result in the limitations and exemptions. Among the expenditure by State, local, and tribal § 1308.14 Schedule IV. limitations on the newly created digital governments, in the aggregate, or by the * * * * * performance right was the creation of a private sector, of $100,000,000 or more statutory license for nonexempt, in any one year, and will not (c) * * * noninteractive, digital subscription significantly or uniquely affect small (15) Dichloralphenazone ...... 2467 transmissions. 17 U.S.C. 114(d)(2), (3) governments. Therefore, no actions were * * * * * and (f) (1995).
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This license was amended in 1998 in enables a member of the public to receive, on A Service making transmissions that response to the rapid growth of digital request, a transmission of a particular sound otherwise meet the requirements for the communications networks, e.g., the recording chosen by or on behalf of the section 114(f) statutory license is not recipient. The ability of individuals to rendered ‘‘interactive,’’ and thus ineligible Internet, and the confusion surrounding request that particular sound recordings be for the statutory license, simply because the the question of how the DPRA applied performed for reception by the public at large consumer may express preferences to such to certain nonsubscription digital audio does not make a service interactive. If an Service as to the musical genres, artists and services. These changes, included in the entity offers both interactive and non- sound recordings that may be incorporated Digital Millennium Copyright Act of interactive services (either concurrently or at into the Service’s music programming to the 1998 (‘‘DMCA’’), Public Law 105–304, different times), the non-interactive public. Such a Service is not ‘‘interactive’’ expanded the section 114 statutory component shall not be treated as part of an under section 114(j)(7), as long as: (i) Its license to expressly cover nonexempt interactive service. transmissions are made available to the 17 U.S.C. 114(j)(4) (1995). The second public generally; (ii) the features offered by eligible nonsubscription transmissions the Service do not enable the consumer to and nonexempt transmissions made by sentence was added to make clear that determine or learn in advance what sound preexisting satellite digital audio radio ‘‘the term ‘‘interactive service’’ is not recordings will be transmitted over the services. 17 U.S.C. 114(f) (1998). intended to cover traditional practices Service at any particular time; and (iii) its For purposes of the DMCA, an engaged in by, for example, radio transmissions do not substantially consist of ‘‘eligible nonsubscription transmission’’ broadcast stations, through which sound recordings performed within one hour is defined as: individuals can ask the station to play of a request or at a time designated by the a particular sound recording as part of transmitting entity or the individual making a non-interactive nonsubscription digital the request. audio transmission not exempt under the service’s general programming subsection (d)(1) that is made as part of a available for reception by members of The effect of the amendment would be service that provides audio programming the public at large.’’ S. Rep. No. 104– that a service would not be considered consisting, in whole or in part, of 128, at 33–34 (1995). interactive merely because it offers a performances of sound recordings, including In the DMCA, Congress expanded this consumer some degree of influence over retransmissions of broadcast transmissions, if the streamed programming. the primary purpose of the service is to definition to include further explanation of the type of activity that does not, in Shortly thereafter, the Copyright provide to the public such audio or other Office published a notice in the Federal entertainment programming, and the primary and of itself, make a service interactive. purpose of the service is not to sell, advertise, Specifically, the DMCA refined the Register, seeking comment from or promote particular products or services definition of an ‘‘interactive service’’ as interested parties on two issues. First, other than sound recordings, live concerts, or follows: the Office asked whether the petition other music-related events. articulated a proper subject for a (7) An ‘‘interactive service’’ is one that 17 U.S.C. 114(j)(6) (1998). A key enables a member of the public to receive a rulemaking proceeding; and second, element of the definition is the transmission of a program specially created assuming the requested rule could be requirement that the transmission must for the recipient, or on request, a promulgated through a notice and be ‘‘non-interactive.’’ Unless a service transmission of a particular sound recording, comment proceeding, whether sufficient meets this criterion, it is ineligible for whether or not as part of a program, which information existed ‘‘to promulgate a is selected by or on behalf of the recipient. regulation that could accurately the statutory license and, instead, must The ability of individuals to request that negotiate a voluntary agreement with distinguish between activities that are particular sound recordings be performed for interactive and those that are not.’’ 65 the copyright owner(s) of the sound reception by the public at large, or in the case recordings before performing the works of a subscription service, by all subscribers FR 33266, 33267 (May 23, 2000). For the reasons set forth herein, the by means of digital audio transmissions. of the service, does not make a service Copyright Office denies DiMA’s 17 U.S.C. 114(d)(3) (1998). interactive, if the programming on each channel of the service does not substantially petition. The distinction between interactive consist of sound recordings that are and non-interactive transmissions is performed within 1 hour of the request or at Comments central to determining whether a service a time designated by either the transmitting Comments and reply comments were that transmits performances of sound entity or the individual making such request. filed by the Recording Industry recordings is eligible to operate under If an entity offers both interactive and Association of America, Inc. (‘‘RIAA’’) the section 114 licensing scheme. Non- noninteractive services (either concurrently and the Digital Media Association or at different times), the noninteractive interactive services may make use of the (‘‘DiMA’’). statutory license, but interactive component shall not be treated as part of an interactive service. services incur full copyright liability Is a Rulemaking Proceeding Necessary under the digital performance right and, 17 U.S.C. 114(j)(7) (1998). In both cases, or Appropriate? therefore, must conduct arms-length Congress sought to identify a service as DiMA seeks its proposed amendment negotiations with the copyright owners interactive according to the amount of to the definition of the term ‘‘service’’ of the sound recordings for a license influence a member of the public would based on its understanding that a before making a digital transmission of have on the selection and performance consumer-influenced webcast would a sound recording. Congress imposed of a particular sound recording. Neither not be prohibited from using the section full copyright liability on interactive definition, however, draws a bright line 114 statutory license. According to services because it believed ‘‘interactive delineating just how much input a DiMA, this clarification is necessary in services [were] most likely to have a member of the public may have upon large part because copyright holders of significant impact on traditional record the basic programming of the service. the sound recordings have taken the sales, and therefore pose[d] the greatest On April 17, 2000, the Digital Media untenable position that ‘‘consumer- threat to the livelihoods of those whose Association (‘‘DiMA’’) filed a petition influenced webcasting of any nature is income depends upon revenues derived with the Office, seeking clarification on not eligible for the DMCA statutory from traditional record sales.’’ S. Rep. this point and an amendment to the license.’’ DiMA comment at 4; DiMA No. 104–128, at 16 (1995). regulation defining the term ‘‘service.’’ reply at 9–11. Congress first defined an ‘‘interactive DiMA’s proposed rule would amend 37 At the same time, DiMA states that it service’’ in the DPRA as a service that: C.F.R. 201.35(b)(2) as follows: is impossible to discern all possible
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SIP. Inclusion in the OCS rule does not are rationally related to the attainment maintenance of federal and state imply that a rule meets the requirements or maintenance of federal or state ambient air quality standards. of the Act for SIP approval, nor does it ambient air quality standards or part C imply that the rule will be approved by of title I of the Act, that they are not B. What Rule Requirements Were EPA for inclusion in the SIP. designed expressly to prevent Submitted for Update of 40 CFR Part exploration and development of the 55? II. EPA’s Evaluation OCS and that they are applicable to OCS 1. After review of the rules submitted sources. 40 CFR 55.1. EPA has also A. What Criteria Was Used To Evaluate by South Coast AQMD against the evaluated the rules to ensure they are Rules Submitted for Update of 40 CFR criteria set forth above and in 40 CFR Part 55? not arbitrary or capricious. 40 CFR 55.12 (e). In addition, EPA has excluded part 55, EPA is proposing to make the In updating 40 CFR part 55, EPA administrative or procedural rules,2 and following rule revisions applicable to reviewed the rules submitted for requirements that regulate toxics which OCS sources for which the South Coast inclusion in part 55 to ensure that they are not related to the attainment and AQMD is designated as the COA:
Adoption Rule No. Rule names date
102 ...... Definition of Terms ...... 04/09/99 210 ...... Applications and Regulation IIÐList and Criteria Identifying Information required of Applicants Seeking a 04/10/98 Permit to Construct from the SCAQMD. 218 ...... Continuous Emission Monitoring ...... 05/14/99 219 ...... Equipment Not Requiring a Permit Pursuant to Regulation II ...... 05/19/00 301 ...... Permit Fees (except (e)(6) and Table IV) ...... 05/19/00 304 ...... Equipment, Materials, and Ambient Air Analyses ...... 05/19/00 304.1 ...... Analyses Fees ...... 05/19/00 306 ...... Plan Fees ...... 05/19/00 309 ...... Fees for Regulation XVI ...... 05/19/00 401 ...... Visible Emissions ...... 09/11/98 403 ...... Fugitive Dust ...... 12/11/98 403.1 ...... Wind Entertainment of Fugitive Dust ...... 06/16/00 431.1 ...... Sulfur Content of Gaseous Fuels ...... 06/12/98 465 ...... Vacuum Producing Devices or Systems ...... 08/13/99 Reg. IX ...... New Source Performance Standards ...... 05/19/00 1107 ...... Coating of Metal Parts and Products ...... 08/14/98 1113 ...... Architectural Coatings ...... 05/14/99 1121 ...... Control of Nitrogen Oxides from Residential-Type, Natural Gas-Fired Water Heaters ...... 12/10/99 1146 ...... Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Genera- 06/16/00 tors, and Process Heaters. 1171 ...... Solvent Cleaning Operations ...... 10/08/99 1610 ...... Old-Vehicle Scrapping ...... 02/12/99 1612 ...... Credits for Clean On-Road Vehicles ...... 07/10/98 1620 ...... Credits for Clean Off-Road Mobile Equipment ...... 07/10/98 1701 ...... General ...... 08/13/99 1702 ...... Definitions ...... 08/13/99 1704 ...... Exemptions ...... 08/13/99 1706 ...... Emission Calculations ...... 08/13/99 2005 ...... New Source Review for RECLAIM except (i) ...... 04/09/99 2011 ...... Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOX) Emissions ...... 04/09/99 2012 ...... Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen ( NOX) Emissions .... 04/09/99
The following new rules were submitted and are proposed for incorporation:
112 ...... Definition of Minor Violation and Guidelines for Issuance of Notice to Comply ...... 11/13/98 218.1 ...... Continuous Emission Monitoring Performance Specifications ...... 05/14/99 218.1 ...... Attachment AÐSupplemental and Alternative CEMS Performance Requirements ...... 05/14/99 2506 ...... Area Source Credits for NOX and SOX ...... 12/10/99
The following rules were submitted, but will not be incorporated because they are administrative:
216 ...... Appeals ...... 05/19/00 222 ...... Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II ...... 05/19/00 303 ...... Hearing Board Fees ...... 05/19/00 311 ...... Air Quality Investment Program (AQIP) Fees ...... 05/19/00
2. After review of the rules submitted part 55, EPA is proposing to make the OCS sources for which the Ventura by Ventura County APCD against the following rule revisions applicable to County APCD is designated as the COA: criteria set forth above and in 40 CFR
2 Each COA which has been delegated the onshore. However, in those instances where EPA and procedural requirements to implement the authority to implement and enforce part 55, will has not delegated authority to implement and substantive requirements. 40 CFR 55.14 (c)(4). use its administrative and procedural rules as enforce part 55, EPA will use its own administrative
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Adoption Rule No. Rule name date
42 ...... Permit Fees ...... 06/13/00 74.15.1 ...... Boilers, Steam Generators, and Process Heaters ...... 06/13/00
III. Administrative Requirements meaningful and timely input in the power and responsibilities established development of regulatory policies on in the Clean Air Act. Thus, the A. Executive Order 12866 matters that significantly or uniquely requirements of section 6 of the The Office of Management and Budget affect their communities.’’ Executive Order do not apply to this (OMB) has exempted this regulatory Today’s proposed rule does not proposed rule. action from Executive Order 12866, significantly or uniquely affect the Regulatory Planning and Review. communities of Indian tribal E. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) B. Executive Order 13045 governments. Accordingly, the requirements of section 3(b) of generally requires an agency to conduct Executive Order 13045, entitled Executive Order 13084 do not apply to a regulatory flexibility analysis of any Protection of Children from this proposed rule. rule subject to notice and comment Environmental Health Risks and Safety rulemaking requirements unless the Risks (62 FR 19885, April 23, 1997), D. Executive Order 13132 agency certifies that the rule will not applies to any rule that: (1) is Executive Order 13132, entitled have a significant economic impact on determined to be ‘‘economically Federalism (64 FR 43255, August 10, a substantial number of small entities. significant’’ as defined under Executive 1999) revokes and replaces Executive Small entities include small businesses, Order 12866, and (2) concerns an Orders 12612, Federalism and 12875, small not-for-profit enterprises, and environmental health or safety risk that Enhancing the Intergovernmental small governmental jurisdictions. EPA has reason to believe may have a Partnership. Executive Order 13132 This proposed rule will not have a disproportionate effect on children. If requires EPA to develop an accountable significant impact on a substantial the regulatory action meets both criteria, process to ensure ‘‘meaningful and number of small entities because SIP the Agency must evaluate the timely input by State and local officials approvals under section 110 and environmental health or safety effects of in the development of regulatory subchapter I, part D of the Clean Air Act the planned rule on children, and policies that have federalism do not create any new requirements but explain why the planned regulation is implications.’’ ‘‘Policies that have simply act on requirements that the preferable to other potentially effective federalism implications’’ is defined in State is already imposing. Therefore, and reasonably feasible alternatives the Executive Order to include because the Federal SIP approval does considered by the Agency. regulations that have ‘‘substantial direct not create any new requirements, I This rule is not subject to Executive effects on the States, on the relationship certify that this action will not have a Order 13045 because it does not involve between the national government and significant economic impact on a decisions intended to mitigate the States, or on the distribution of substantial number of small entities. environmental health or safety risks. power and responsibilities among the various levels of government.’’ Under F. Unfunded Mandates C. Executive Order 13084 Executive Order 13132, EPA may not Under section 202 of the Unfunded Under Executive Order 13084, issue a regulation that has federalism Mandates Reform Act of 1995 Consultation and Coordination with implications, that imposes substantial (‘‘Unfunded Mandates Act’’), signed Indian Tribal Governments, EPA may direct compliance costs, and that is not into law on March 22, 1995, EPA must not issue a regulation that is not required by statute, unless the Federal prepare a budgetary impact statement to required by statute, that significantly or government provides the funds accompany any proposed or final rule uniquely affects the communities of necessary to pay the direct compliance that includes a Federal mandate that Indian tribal governments, and that costs incurred by State and local may result in estimated costs to State, imposes substantial direct compliance governments, or EPA consults with local, or tribal governments in the costs on those communities, unless the State and local officials early in the aggregate; or to private sector, of $100 Federal government provides the funds process of developing the proposed million or more. Under section 205, necessary to pay the direct compliance regulation. EPA also may not issue a EPA must select the most cost-effective costs incurred by the tribal regulation that has federalism and least burdensome alternative that governments, or EPA consults with implications and that preempts State achieves the objectives of the rule and those governments. If EPA complies by law unless the Agency consults with is consistent with statutory consulting, Executive Order 13084 State and local officials early in the requirements. Section 203 requires EPA requires EPA to provide to the OMB in process of developing the proposed to establish a plan for informing and a separately identified section of the regulation. advising any small governments that preamble to the rule, a description of This proposed rule will not have may be significantly or uniquely the extent of EPA’s prior consultation substantial direct effects on the States, impacted by the rule. with representatives of affected tribal on the relationship between the national EPA has determined that the governments, a summary of the nature government and the States, or on the proposed action does not include a of their concerns, and a statement distribution of power and Federal mandate that may result in supporting the need to issue the responsibilities among the various estimated costs of $100 million or more regulation. In addition, Executive Order levels of government, as specified in to either State, local, or tribal 13084 requires EPA to develop an Executive Order 13132, because it governments in the aggregate, or to the effective process permitting elected merely acts on a state rule implementing private sector. This proposed Federal officials and other representatives of a federal standard, and does not alter action acts on pre-existing requirements Indian tribal governments ‘‘to provide the relationship or the distribution of under State or local law, and imposes
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Rule 704 Episode Declaration (Adopted 7/ Rule 1168 Adhesive Applications (Adopted Rule 3001 Applicability (Adopted 11/14/ 9/82) 2/13/98) 97) Rule 707 Radio—Communication System Rule 1171 Solvent Cleaning Operations Rule 3002 Requirements (Adopted 11/14/ (Adopted 7/11/80) (Adopted 10/8/99) 97) Rule 708 Plans (Adopted 7/9/82) Rule 1173 Fugitive Emissions of Volatile Rule 3003 Applications (Adopted 11/14/97) Rule 708.1 Stationary Sources Required to Organic Compounds (Adopted 5/13/94) Rule 3004 Permit Types and Content File Plans (Adopted 4/4/80) Rule 1176 VOC Emissions from Wastewater (Adopted 11/14/97) Rule 708.2 Content of Stationary Source Systems (Adopted 9/13/96) Rule 3005 Permit Revisions (Adopted 11/ Curtailment Plans (Adopted 4/4/80) Rule 1301 General (Adopted 12/7/95) 14/97) Rule 708.4 Procedural Requirements for Rule 1302 Definitions (Adopted 12/7/95) Rule 3006 Public Participation (Adopted Plans (Adopted 7/11/80) Rule 1303 Requirements (Adopted 5/10/96) 11/14/97) Rule 709 First Stage Episode Actions Rule 1304 Exemptions (Adopted 6/14/96) Rule 3007 Effect of Permit (Adopted 10/8/ (Adopted 7/11/80) Rule 1306 Emission Calculations (Adopted 93) Rule 710 Second Stage Episode Actions 6/14/96) XXXI Acid Rain Permit Program (Adopted 2/ (Adopted 7/11/80) Rule 1313 Permits to Operate (Adopted 12/ 10/95) Rule 711 Third Stage Episode Actions 7/95) (8) The following requirements are (Adopted 7/11/80) Rule 1403 Asbestos Emissions from contained in Ventura County Air Pollution Rule 712 Sulfate Episode Actions (Adopted Demolition/Renovation Activities Control District Requirements Applicable to 7/11/80) (Adopted 4/8/94) OCS Sources: Rule 715 Burning of Fossil Fuel on Episode Rule 1605 Credits for the Voluntary Repair Rule 2 Definitions (Adopted 11/10/98) Days (Adopted 8/24/77) of On-Road Vehicles Identified Through Rule 5 Effective Date (Adopted 5/23/72) Regulation IX—New Source Performance Remote Sensing Devices (Adopted 10/ Rule 6 Severability (Adopted 11/21/78) Standards (Adopted 5/19/00) 11/96) Rule 7 Zone Boundaries (Adopted 6/14/77) Rule 1106 Marine Coatings Operations Rule 1610 Old-Vehicle Scrapping (Adopted Rule 10 Permits Required (Adopted 6/13/ (Adopted 1/13/95) 2/12/99) 95) Rule 1107 Coating of Metal Parts and Rule 1612 Credits for Clean On-Road Rule 11 Definition for Regulation II Products (Adopted 8/14/98) Vehicles (Adopted 7/10/98) (Adopted 6/13/95) Rule 1109 Emissions of Oxides of Nitrogen Rule 1620 Credits for Clean Off-Road Rule 12 Application for Permits (Adopted for Boilers and Process Heaters in Mobile Equipment (Adopted 7/10/98) 6/13/95) Petroleum Refineries (Adopted 8/5/88) Rule 1701 General (Adopted 8/13/99) Rule 13 Action on Applications for an Rule 1110 Emissions from Stationary Rule 1702 Definitions (Adopted 8/13/99) Authority to Construct (Adopted 6/13/ Internal Combustion Engines 95) Rule 1703 PSD Analysis (Adopted 10/7/88) (Demonstration) (Adopted 11/14/97) Rule 14 Action on Applications for a Permit Rule 1704 Exemptions (Adopted 8/13/99) Rule 1110.1 Emissions from Stationary to Operate (Adopted 6/13/95) Rule 1706 Emission Calculations (Adopted Internal Combustion Engines (Adopted Rule 15.1 Sampling and Testing Facilities 8/13/99) 10/4/85) (Adopted 10/12/93) Rule 1713 Source Obligation (Adopted 10/ Rule 1110.2 Emissions from Gaseous-and Rule 16 BACT Certification (Adopted 6/13/ Liquid Fueled Internal Combustion 7/88) 95) Engines (Adopted 11/14/97) Regulation XVII Appendix (effective 1977) Rule 19 Posting of Permits (Adopted 5/23/ Rule 1113 Architectural Coatings (Adopted Rule 1901 General Conformity (Adopted 9/ 72) 5/14/99) 9/94) Rule 20 Transfer of Permit (Adopted 5/23/ Rule 1116.1 Lightering Vessel Operations- Rule 2000 General (Adopted 4/11/97) 72) Sulfur Content of Bunker Fuel (Adopted Rule 2001 Applicability (Adopted 2/14/97) Rule 23 Exemptions from Permits (Adopted 10/20/78) Rule 2002 Allocations for Oxides of 7/9/96) Rule 1121 Control of Nitrogen Oxides from Nitrogen (NOX) and Oxides of Sulfur Rule 24 Source Recordkeeping, Reporting, Residential-Type Natural Gas-Fired (SOX) Emissions (Adopted 2/14/97) and Emission Statements (Adopted 9/15/ Water Heaters (Adopted 12/10/99) Rule 2004 Requirements (Adopted 7/12/96) 92) Rule 1122 Solvent Degreasers (Adopted 7/ except (l) Rule 26 New Source Review (Adopted 10/ 11/97) Rule 2005 New Source Review for 22/91) Rule 1123 Refinery Process Turnarounds RECLAIM (Adopted 4/9/99) except (i) Rule 26.1 New Source Review—Definitions (Adopted 12/7/90) Rule 2006 Permits (Adopted 12/7/95) (Adopted 1/13/98) Rule 1129 Aerosol Coatings (rescinded 3/8/ Rule 2007 Trading Requirements (Adopted Rule 26.2 New Source Review— 96) 12/7/95) Requirements (Adopted 1/13/98) Rule 1134 Emissions of Oxides of Nitrogen Rule 2008 Mobile Source Credits (Adopted Rule 26.6 New Source Review— from Stationary Gas Turbines (Adopted 10/15/93) Calculations (Adopted 1/13/98) 8/8/97) Rule 2010 Administrative Remedies and Rule 26.8 New Source Review—Permit To Rule 1136 Wood Products Coatings Sanctions (Adopted 10/15/93) Operate (Adopted 10/22/91) (Adopted 6/14/96) Rule 2011 Requirements for Monitoring, Rule 26.10 New Source Review—PSD Rule 1140 Abrasive Blasting (Adopted 8/2/ Reporting, and Recordkeeping for Oxides (Adopted 1/13/98) 85) of Sulfur (SOX) Emissions (Adopted 4/9/ Rule 28 Revocation of Permits (Adopted 7/ Rule 1142 Marine Tank Vessel Operations 99) 18/72) (Adopted 7/19/91) Appendix A Volume IV—(Protocol for oxides Rule 29 Conditions on Permits (Adopted Rule 1146 Emissions of Oxides of Nitrogen of sulfur) (Adopted 3/10/95) 10/22/91) from Industrial, Institutional, and Rule 2012 Requirements for Monitoring, Rule 30 Permit Renewal (Adopted 5/30/89) Commercial Boilers, Steam Generators, Reporting, and Recordkeeping for Oxides Rule 32 Breakdown Conditions: Emergency and Process Heaters (Adopted 6/16/00) of Nitrogen (NOX) Emissions (Adopted 4/ Variances, A., B.1., and D. only. Rule 1146.1 Emission of Oxides of Nitrogen 9/99) (Adopted 2/20/79) from Small Industrial, Institutional, and Appendix A Volume V—(Protocol for oxides Rule 33 Part 70 Permits—General (Adopted Commercial Boilers, steam Generators, of nitrogen) (Adopted 3/10/95) 10/12/93) and Process Heaters (Adopted 5/13/94) Rule 2015 Backstop Provisions (Adopted 2/ Rule 33.1 Part 70 Permits—Definitions Rule 1146.2 Emissions of Oxides of 14/97) except (B)(1)(G) and (b)(3)(B) (Adopted 10/12/93) Nitrogen from Large Water Heaters and Rule 2100 Registration of Portable Rule 33.2 Part 70 Permits—Application Small Boilers (Adopted 1/9/98) Equipment (Adopted 7/11/97) Contents (Adopted 10/12/93) Rule 1148 Thermally Enhanced Oil Rule 2506 Area Source Credits for NOX and Rule 33.3 Part 70 Permits—Permit Content Recovery Wells (Adopted 11/5/82) SOX (Adopted 12/10/99) (Adopted 10/12/93) Rule 1149 Storage Tank Degassing XXX Title V Permits Rule 33.4 Part 70 Permits—Operational (Adopted 7/14/95) Rule 3000 General (Adopted 11/14/97) Flexibility (Adopted 10/12/93)
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Rule 33.5 Part 70 Permits—Time frames for Rule 74.7 Fugitive Emissions of Reactive FEDERAL COMMUNICATIONS Applications, Review and Issuance Organic Compounds at Petroleum COMMISSION (Adopted 10/12/93) Refineries and Chemical Plants (Adopted Rule 33.6 Part 70 Permits—Permit Term 10/10/95) 47 CFR Part 73 and Permit Reissuance (Adopted 10/12/ Rule 74.8 Refinery Vacuum Producing 93) Rule 33.7 Part 70 Permits—Notification Systems, Waste-water Separators and [DA 00±2714; MM Docket No. 00±120; RM± (Adopted 10/12/93) Process Turnarounds (Adopted 7/5/83) 9902] Rule 33.8 Part 70 Permits—Reopening of Rule 74.9 Stationary Internal Combustion Permits (Adopted 10/12/93) Engines (Adopted 12/21/93) Radio Broadcasting Services; Meeker Rule 33.9 Part 70 Permits—Compliance Rule 74.10 Components at Crude Oil and Craig, CO Provisions (Adopted 10/12/93) Production Facilities and Natural Gas Rule 33.10 Part 70 Permits—General Part 70 Production and Processing Facilities AGENCY: Federal Communications Permits (Adopted 10/12/93) (Adopted 3/10/95) Rule 34 Acid Deposition Control (Adopted Commission. Rule 74.11 Natural Gas-Fired Residential 3/14/95) ACTION: Proposed rule; denial. Rule 35 Elective Emission Limits (Adopted Water Heaters-Control of NOX (Adopted 11/12/96) 4/9/85) Rule 36 New Source Review—Hazardous Rule 74.11.1 Large Water Heaters and Small SUMMARY: This document denies a Air Pollutants (Adopted 10/6/98) Boilers (Adopted 9/14/99) petition filed on behalf of Western Slope Rule 42 Permit Fees (Adopted 6/13/00) Rule 74.12 Surface Coating of Metal Parts Communications, L.L.C., permittee of Rule 44 Exemption Evaluation Fee and Products (Adopted 9/10/96) Station KAYW, Channel 251C, Meeker, (Adopted 9/10/96) Rule 74.15 Boilers, Steam Generators and Colorado, requesting the reallotment of Rule 45 Plan Fees (Adopted 6/19/90) Process Heaters (Adopted 11/8/94) Rule 47 Source Test, Emission Monitor, and Channel 251C from Meeker to Craig, Rule 74.15.1 Boilers, Steam Generators and Call-Back Fees (Adopted 6/22/99) Colorado, and modification of the Rule 45.2 Asbestos Removal Fees (Adopted Process Heaters (Adopted 6/13/00) authorization for Station KAYW 8/4/92) Rule 74.16 Oil Field Drilling Operations accordingly. See 65 FR 45017, July 20, Rule 50 Opacity (Adopted 2/20/79) (Adopted 1/8/91) 2000. The reallotment proposal is Rule 52 Particulate Matter-Concentration Rule 74.20 Adhesives and Sealants denied as it would remove the sole local (Adopted 5/23/72) (Adopted 1/14/97) potential service at Meeker, and would Rule 53 Particulate Matter-Process Weight Rule 74.23 Stationary Gas Turbines (Adopted 7/18/72) not result in a preferential arrangement (Adopted 10/10/95) of allotments pursuant to the Rule 54 Sulfur Compounds (Adopted 6/14/ Rule 74.24 Marine Coating Operations 94) Commission’s allotment priorities. See (Adopted 9/10/96) Rule 56 Open Fires (Adopted 3/29/94) Modification of FM and TV Rule 57 Combustion Contaminants-Specific Rule 74.24.1 Pleasure Craft Coating and Authorizations to Specify a New Commercial Boatyard Operations (Adopted 6/14/77) Community of License, 4 FCC Rcd 4870 (Adopted 11/10/98) Rule 60 New Non-Mobile Equipment-Sulfur (1989), recon. granted in part, 5 FCC Rule 74.26 Crude Oil Storage Tank Dioxide, Nitrogen Oxides, and Rcd 7094 (1990); and Revision of FM Particulate Matter (Adopted 7/8/72) Degassing Operations (Adopted 11/8/94) Assignment Policies and Procedures, 90 Rule 62.7 Asbestos—Demolition and Rule 74.27 Gasoline and ROC Liquid Renovation (Adopted 6/16/92) Storage Tank Degassing Operations FCC 2d 88 (1982). Rule 63 Separation and Combination of (Adopted 11/8/94) ADDRESSES: Federal Communications Emissions (Adopted 11/21/78) Rule 74.28 Asphalt Roofing Operations Rule 64 Sulfur Content of Fuels (Adopted Commission, Washington, DC 20554. (Adopted 5/10/94) 4/13/99) Rule 74.30 Wood Products Coatings FOR FURTHER INFORMATION CONTACT: Rule 67 Vacuum Producing Devices Nancy Joyner or Jeffrey Sutherland (Adopted 7/5/83) (Adopted 9/10/96) Rule 68 Carbon Monoxide (Adopted 6/14/ Rule 75 Circumvention (Adopted 11/27/78) (engineering issues), Mass Media 77) Rule 100 Analytical Methods (Adopted 7/ Bureau, (202) 418–2180. Rule 71 Crude Oil and Reactive Organic 18/72) SUPPLEMENTARY INFORMATION: This is a Compound Liquids (Adopted 12/13/94) Rule 101 Sampling and Testing Facilities synopsis of the Commission’s Report Rule 71.1 Crude Oil Production and (Adopted 5/23/72) Separation (Adopted 6/16/92) and Order, MM Docket No. 00–120, Rule 102 Source Tests (Adopted 11/21/78) adopted November 22, 2000, and Rule 71.2 Storage of Reactive Organic Rule 103 Continuous Monitoring Systems Compound Liquids (Adopted 9/26/89) released December 1, 2000. The full text (Adopted 2/9/99) Rule 71.3 Transfer of Reactive Organic of this Commission decision is available Compound Liquids (Adopted 6/16/92) Rule 154 Stage 1 Episode Actions (Adopted for inspection and copying during Rule 71.4 Petroleum Sumps, Pits, Ponds, 9/17/91) normal business hours in the FCC’s and Well Cellars (Adopted 6/8/93) Rule 155 Stage 2 Episode Actions (Adopted Reference Information Center (Room 9/17/91) Rule 71.5 Glycol Dehydrators (Adopted 12/ CY–A257), 445 Twelfth Street, SW., 13/94) Rule 156 Stage 3 Episode Actions (Adopted Washington, DC. The complete text of Rule 72 New Source Performance Standards 9/17/91) this decision may also be purchased (NSPS) (Adopted 9/10/96) Rule 158 Source Abatement Plans (Adopted from the Commission’s copy contractor, Rule 74 Specific Source Standards 9/17/91) (Adopted 7/6/76) Rule 159 Traffic Abatement Procedures International Transcription Service, Rule 74.1 Abrasive Blasting (Adopted 11/ (Adopted 9/17/91) Inc., 1231 20th Street, NW., 12/91) Washington, DC 20036, (202) 857–3800. Rule 74.2 Architectural Coatings (Adopted Rule 220 General Conformity (Adopted 5/9/ 08/11/92) 95) Federal Communications Commission. Rule 74.6 Surface Cleaning and Degreasing Rule 230 Notice to Comply (Adopted 11/9/ John A. Karousos, 99) (Adopted 11/10/98) Chief, Allocations Branch, Policy and Rules Rule 74.6.1 Cold Cleaning Operations * * * * * Division, Mass Media Bureau. (Adopted 7/9/96) Rule 74.6.2 Batch Loaded Vapor Degreasing [FR Doc. 00–31468 Filed 12–8–00; 8:45 am] [FR Doc. 00–31400 Filed 12–8–00; 8:45 am] Operations (Adopted 7/9/96) BILLING CODE 6560±50±P BILLING CODE 6712±01±U
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DEPARTMENT OF TRANSPORTATION 20590. Telephone: 202–366–6779. 5219, 400 Seventh Street, SW, Email: [email protected]. Washington, DC 20590. Include a cover National Highway Traffic Safety SUPPLEMENTARY INFORMATION: Section letter supplying the information Administration 3(d) of the Transportation Recall specified in our confidential business Enhancement, Accountability, and information regulation (49 CFR Part 49 CFR Part 571 Documentation (TREAD) Act (Pub. L. 512). [Docket No. NHTSA±8446] 106–414) requires NHTSA to conduct a In addition, send two copies from study to determine the feasibility and which you have deleted the claimed TREAD Insurance Study utility of collecting data from insurance confidential business information to companies on a regular basis to help the Docket Management, Room PL–401, 400 AGENCY: National Highway Traffic agency in its defects investigation Seventh Street, SW, Washington, DC Safety Administration (NHTSA), DOT. efforts. NHTSA is seeking input from 20590. ACTION: Request for comments. the public to assist the agency with the study. Comments received will be Will the Agency Consider Late SUMMARY: This notice announces a evaluated and incorporated, as Comments? request for comments to help the agency appropriate, into the study. In our response, we will consider all conduct the study of insurance data comments that Docket Management mandated by Congress in the How Do I Prepare and Submit Comments? receives before the close of business on Transportation Recall Enhancement, the comment closing date indicated Accountability, and Documentation Your comments must be written and above under DATES. To the extent (TREAD) Act (Pub. L. 106–414) signed in English. To ensure that your possible, we will also consider November 1, 2000. comments are correctly filed in the comments that Docket Management DATES: Comments must be received no Docket, please include the Docket receives after that date. later than January 5, 2001. number of this document (NHTSA– How Can I Read the Comments ADDRESSES: Submit written comments 8446) in your comments. Submitted by Other People? to the Docket Management System, U.S. Please send two paper copies of your Department of Transportation, PL 401, comments to Docket Management or You may read the comments by 400 Seventh Street, SW, Washington, submit them electronically. The mailing visiting Docket Management in person DC 20590–0001. Comments should refer address is U. S. Department of at Room PL–401, 400 Seventh Street, to the Docket Number (NHTSA–8446) Transportation Docket Management, SW, Washington, DC from 10:00 a.m. to and be submitted in two copies. If you Room PL–401, 400 Seventh Street, SW, 5:00 p.m., Monday through Friday. Washington, DC 20590. If you submit wish to receive confirmation of receipt You may also see the comments on your comments electronically, log onto of your written comments, include a the Internet by taking the following the Docket Management System website self-addressed, stamped postcard. steps: at http://dms.dot.gov and click on ‘‘Help Comments may also be submitted to a. Go to the Docket Management & Information’’ or ‘‘Help/Info’’ to obtain the docket electronically by logging onto System (DMS) Web page of the instructions. the Docket Management System website Department of Transportation (http:// at http://dms.dot.gov. Click on ‘‘Help & How Can I Be Sure That My Comments dms.dot.gov). Information’’ to obtain instructions for Were Received? b. On that page, click on ‘‘search.’’ filing the comment electronically. In If you wish Docket Management to c. On the next page ((http:// every case, the comment should refer to notify you upon its receipt of your dms.dot.gov/search/) type in the four- the docket number. comments, enclose a self-addressed, digit Docket number shown at the The Docket Management System is stamped postcard in the envelope beginning of this document (8446). located on the Plaza level of the Nassif containing your comments. Upon Click on ‘‘search.’’ Building at the Department of receiving your comments, Docket d. On the next page, which contains Transportation at the above address. Management will return the postcard by Docket summary information for the You can review public dockets there mail. Docket you selected, click on the between the hours of 9 a.m. and 5 p.m., desired comments. You may also How Do I Submit Confidential Business Monday through Friday, except Federal download the comments. holidays. You can also review Information? Authority: 49 U.S.C. 30111, 30117, 30168; comments on-line at the DOT Docket If you wish to submit any information Management System web site at http:// delegation of authority at 49 CFR 1.50 and under a claim of confidentiality, send 501.8. dms.dot.gov/. three copies of your complete Issued on: December 5, 2000. FOR FURTHER INFORMATION CONTACT: Ms. submission, including the information Jane Dion, Office of Plans and Policy, you claim to be confidential business William H. Walsh, NPP–01, National Highway Traffic information, to the Office of Chief Associate Administrator for Plans and Policy. Safety Administration, Room 5208, 400 Counsel, NCC–30, National Highway [FR Doc. 00–31446 Filed 12–8–00; 8:45 am] Seventh Street, SW, Washington, DC Traffic Safety Administration, Room BILLING CODE 4910±59±P
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Notices Federal Register Vol. 65, No. 238
Monday, December 11, 2000
This section of the FEDERAL REGISTER Prototype of research protocols for SUMMARY: The USDA, Forest Service is contains documents other than rules or Phase II, and (3) Oral testimony. gathering information and preparing an proposed rules that are applicable to the Environmental Impact Statement (EIS) B. How and to Whom Do I Submit public. Notices of hearings and investigations, for the North Elkhorns Vegetation Written Comments? committee meetings, agency decisions and Project located approximately 9 air rulings, delegations of authority, filing of petitions and applications and agency You may submit written comments in miles southeast of Helena, Montana. statements of organization and functions are hard copy by January 15, 2001, 5:00 The Forest Service proposes to thin, examples of documents appearing in this p.m. E.S.T, to Shanthy A. Bowman, using commercial timber harvest, section. Ph.D., USDA, Agricultural Research approximately 745 acres in the E–4 Service, BHNRC/CNRG, 10300 Management Area of the Elkhorn Baltimore Boulevard, Building 005, Wildlife Management Unit. DEPARTMENT OF AGRICULTURE Room 125, BARC-West, Beltsville, MD, The biggest and healthiest trees would 20705–2350, (301) 504–0619 (phone), remain on the site, and the many Research, Education, and Economics; 301–504–3225 (fax). scattered aspen stands would be Research Program on Health and revitalized through a combination of Nutrition Effects of Popular Weight- C. How Do I Register To Present Oral treatments, including some fence Loss Diets: Notice of Public Meeting Testimony? construction. The thinning treatment Registration is required to provide would require construction of about 1 oral input at the public meeting on mile of temporary road and AGENCY: Department of Agriculture, January 11, 2001. Requests to provide reconstruction of about 6.5 miles of REE. oral input at the meeting should be existing road. Following thinning, the ACTION: Notice. submitted by 5:00 p.m. E.S.T., January area would be treated with low intensity 9, 2001, to Shanthy A. Bowman, Ph.D., fire and the temporary and SUMMARY: The Department of USDA, Agricultural Research Service, reconstructed road segments would be Agriculture (USDA) (a) provides notice BHNRC/CNRG, 10300 Baltimore returned to contour and revegetated. of a public meeting on the Research Boulevard, Building 005, Room 125, The proposal is designed to help Program on Health and Nutrition Effects BARC-West, Beltsville, MD, 20705– restore the full range of wildlife habitats of Popular Weight-loss Diets (Program) 2350, (301) 504–0619 (phone), 301–504– in the Elkhorn Wildlife Management (b) solicits written comments on the 3225 (fax). Name of the presenter, Unit. The project will have other Program, and (c) solicits oral comments organization affiliation (if applicable), benefits including the reduction of on the Program. The meeting will be source of funding (if applicable), and wildfire risk in the urban interface. held at the Jefferson Auditorium of the contact phone number are required for The project also would authorize the South Agriculture Building, 1400 registration. There is no fee to attend the construction of 1500 feet of non- Independence Avenue, SW, meeting and to provide oral testimony. motorized trail to connect two existing Washington, DC, near the Smithsonian One person per organization will be non-motorized trails and formally Metro Station. No registration is selected on first come basis. designate 3.5 miles of existing road required to attend the public meeting, Presentations should be limited to three which is currently closed to motorized but pre-registration is required to (3) minutes or less. Registration will use as part of the non-motorized trail provide oral comments at the public also be accepted at the meeting, if time system. meeting. There is no fee to attend or to slots are available. COMMENTS: Comments concerning the provide oral comments at the public Dated: November 28, 2000. proposal should be submitted to the meeting. Eileen T. Kennedy, responsible official and received in writing on or before January 25, 2001. DATES: (a) Written comments can be Deputy Under Secretary, Research, submitted in hard copy by mail or by Education, and Economics,, Department of ADDRESSES: The responsible official is fax and must be received by the Agency Agriculture. Thomas J. Clifford, Forest Supervisor, on or before January 15, 2001. (b) The [FR Doc. 00–30896 Filed 12–8–00; 8:45 am] Helena National Forest, Supervisor’s public meeting to solicit oral comments BILLING CODE 3410±03±P Office, 2880 Skyway Drive, Helena, MT. will be held on January 11, 2001, from 59601. Phone: (406) 449–5201. 1 p.m. to 5 p.m. E.S.T. FOR FURTHER INFORMATION CONTACT: For further information contact: DEPARTMENT OF AGRICULTURE Jodie Canfield, Wildlife Biologist and Shanthy A. Bowman, Ph.D., USDA, Interagency Elkhorn Coordinator, Agricultural Research Service, 10300 Forest Service Townsend Ranger District, 415 South Baltimore Boulevard, Building 005, North Elkhorns Project; Including Front, Townsend, MT 59644. Phone: BARC-West, Beltsville, MD 20705–2350, (406) 266–3425. (301) 504–0619. Timber Harvest and Prescribed Fire. Helena National Forest, Jefferson SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: County, Montana. project would occur on National Forest General Information lands of the Helena Ranger District. The AGENCY: Forest Service, USDA. activities would take place within A. Agenda portions of Sections 1, 2 and 12 of ACTION: Notice; intent to prepare The agenda includes, (1) Reporting of T.8N., R.3W. and Sections 5, 6 and 7 of environmental impact statement. Phase I of the USDA research, (2) T.8N., R.3W., and a portion of Section
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31, T.9N., R.3W., Montana Principle the location, amount and method of Wis. 1980). Because of these court Meridian. vegetative management. rulings, it is very important that those The proposed treatments are not The preliminary issues identified are: interested in this proposed action within a roadless area, but are within 1. What wildlife species are participate by the close of the 45-day the Elkhorns Wildlife management Unit benefited? Are there any wildlife comment period so that substantive (within Management Area (E–4) of the species at risk that would be affected? comments and objections are made Helena Forest Plan). This management 2. What is the effect of the project on available to the Forest Service at a time area features an emphasis on habitat recreation? when it can meaningfully consider them management for moose, elk and mule 3. What effect will be project have on and respond to them in the FEIS. deer. The management standards reducing the risk of catastrophic To assist the Forest Service in include the implementation of wildlife wildfire in the urban interface? identifying and considering issues and habitat improvement practices, 4. What are the risks to nearby concerns on the proposed action, including prescribed fire and timber landowners relative to logging and comments on the DEIS should be as manipulation to maintain and enhance burning operations? specific as possible. It is also helpful if The Forest Service will analyze and aspen and willow regeneration and comments refer to specific pages or disclose in the DEIS and FEIS the other forested areas for wildlife habitat. chapters of the draft statement. environmental effects of the proposed (Helena Forest Plan, page III–90). The Comments may also address the action and a reasonable range of decisions to be made, based on this adequacy of the DEIS or the merits of alternatives. The DEIS and FEIS will environmental analysis, are whether or the alternatives formulated and disclose the direct, indirect and not to treat the vegetation at this time, discussed in the statement. (Reviewers cumulative environmental effects of and if so, how would the treatments be may wish to refer to the Council on each alternative and its associated site accomplished. Environmental Quality Regulations for This EIS will tier to the Helena Forest specific mitigation measures. implementing the procedural provisions Public participation is especially Plan Final EIS of April 1986, that of the National Environmental Policy important at several points of the provides program goals, objectives, and Act at 40 CFR 1503.3 in addressing analysis. Interested parties may visit standards and guidelines for conducting these points.) with Forest Service officials at any time management activities in this area. All After the comment period ends on the during the analysis. However, two activities associated with the proposal DEIS, the comments will be analyzed periods of time are specifically will be designed to implement the and considered by the Forest Service in identified for the receipt of comments. resource goals and standards identified preparing the FEIS. The FEIS is The first comment period is during the in the Forest Plan. expected to be filed in July 2001. scoping process when the public is The Forest Service is seeking invited to give written comments to the Dated: November 22, 2000. information and comments from Forest Service within 45 days of the Thomas J. Clifford, Federal, State, and local agencies publication of the Notice of Intent. The Forest Supervisor, Helena National Forest. together with organizations or second review period is during the 45 [FR Doc. 00–31368 Filed 12–8–00; 8:45 am] individuals who may be interested in or day review of the DEIS when the public BILLING CODE 3410±11±M affected by the proposed action. The is invited to comment on the DEIS. Forest Service invites written comments The DEIS is expected to be filed with and suggestions on the issues for the the Environmental Protection Agency DEPARTMENT OF AGRICULTURE proposal and the area being analyzed. (EPA) and available for public review in Information received will be used in February 2001. At that time, the EPA Forest Service preparation of the Draft EIS. will publish a notice of availability of Preparation of the EIS will include the Maudlow-Toston Post-Fire Salvage, the DEIS in the Federal Register. following steps: The comment period on the DEIS will Sale, Townsend Ranger District, 1. Identification of issues to be analyzed be 45 days from the date the notice of Helena National Forest, Broadwater in depth. availability is published in the Federal County, Montana 2. Identification of additional reasonable Register. AGENCY: Forest Service, USDA. alternatives. At this early stage in the scoping ACTION: Notice, intent to prepare 3. Identification of potential process, the Forest Service believes it is environmental impact statement. environmental effects of the important to give reviewers notice of alternatives. several court rulings related to public SUMMARY: The Forest Service will Commercial timber harvest will be participation in the environmental prepare an Environmental Impact used to restore important habitat that is review process. First, reviews of DEIS Statement on a proposal to harvest currently nonexistant in the Wildlife must structure their participation in the merchantable fire-damaged trees from Management Unit by thinning of environmental review of the proposal so the Maudlow—Toston wildfire area. individual trees while leaving the that it is meaningful and alerts an The proposed action includes salvage largest and healthiest trees on site, and agency to the reviewer’s position and timber harvest in roaded areas and by opening the stand such that fire can contentions. Vermont Yankee Nuclear stewardship project timber harvest be reintroduced with minimal risk of Power Corp. v. NRDC, 435 U.S. 519, 553 activities in inventoried roadless areas. killing the overstory trees. Following (1978). Secondly, environmental No new road construction or harvest, forests will be underburned to objections that could be raised at the reconstruction would be conducted in stimulate the regeneration of grasses, draft environmental impact statement inventoried roadless areas. In areas forbs, aspen and willow. stage, but that are not raised until after outside inventoried roadless areas, Alternatives to this proposal will completion of the FEIS may be waived existing system roads and a few include the ‘‘no action’’ alternative, in or dismissed by the courts. City of temporary roads would be used. Only which none of the proposed treatments Angoon v. Hodel, 803 F. 2d 1016, 1022 dead or dying trees will be removed. would be implemented. Other (9th cir. 1986) and Wisconsin Heritages, The proposed action will also alternatives will examine variations in Inc. v. Harris, 490 F. Supp. 1338 (E.D. incorporate interim road management to
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DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE generally lower than base load facilities that are designed to run continuously. Opal Creek Scenic Recreation Area Rural Utilities Service Unlike custom built generating (SRA) Advisory Council resources, CTs are ‘‘off-the-shelf’’ Notice of Availability of a products that are essentially identical in AGENCY: Forest Service, USDA. Programmatic Environmental the details of acquisition, installation ACTION: Notice of meeting. Assessment and operation at any given power rating. These common characteristics lend AGENCY: Rural Utilities Service, USDA. SUMMARY: An Opal Creek Scenic themselves to a common, i.e., Recreation Area Advisory Council ACTION: Notice of availability of a programmatic assessment of many of the meeting will convene in Stayton, programmatic environmental environmental effects associated with Oregon on Monday, January 22, 2001. assessment. such power plants. These common The meeting is scheduled to begin at 6 characteristics and range of sizes also SUMMARY: Notice is hereby given that p.m., and will conclude at make it easier for power suppliers to the Rural Utilities Service (RUS), has approximately 8:30 p.m. The meeting match their needs more closely as CT prepared a programmatic level analysis will be held in the South Room of the modules can be added incrementally. of certain environmental effects of Stayton Community Center located on The environmental effects of the combustion turbines utilized for electric 400 West Virginia Street in Stayton, installation of a CT on a particular site utility applications and offers guidance Oregon. are, of course, site specific and often on § 1794.15 of its Environmental The Opal Creek Wilderness and Opal unique. The evaluation and resolution Policies and Procedures (7 CFR Part of those issues often determine the Creek Scenic Recreation Area Act of 1794). 1996 (Opal Creek Act) (Pub. L. 104–208) ultimate siting of the CT. directed the Secretary of Agriculture to FOR FURTHER INFORMATION CONTACT: It is common for a power supplier to establish the Opal Creek Scenic Lawrence R. Wolfe, Engineering and order a CT and make progress payments Recreation Area Advisory Council. The Environmental Staff, Rural Utilities during its fabrication long before the site Advisory Council is comprised of Service, Stop 1571, 1400 Independence for the CT has been selected or even thirteen members representing state, Avenue, SW., Washington, DC 20250– identified. This is partially explained by county and city governments, and 1571, telephone (202) 720–1784. The E- the fact that power suppliers often have representatives of various organizations, mail address is: [email protected]. alternative sites on which to install the CT in the event that an environmental which include mining industry, SUPPLEMENTARY INFORMATION: This review process for the preferred site environmental organizations, inholders programmatic analysis, in accordance leads to a different outcome. In the in Opal Creek Scenic Recreation Area, with the National Environmental Policy unlikely event that a power supplier is economic development, Indian tribes, Act (NEPA), is designed to reconcile unable to find any suitable site for a CT adjacent landowners and recreation RUS procedural requirements for that it has ordered, it may assign or interests. The council provides advice to environmental analysis with the otherwise liquidate its position rather the Secretary of Agriculture on emerging needs of a deregulating than incur significant losses. By preparation of a comprehensive Opal electric utility industry. Increasing proceeding with the siting process in Creek Management Plan for the SRA, demand for electricity combined with a parallel with the fabrication of the unit, and consults on a periodic and regular lack of new generation and retirement of the power supplier is able to address the basis on the management of the area. obsolete plants has produced acute growing needs for an adequate and The tentative agenda will include shortages and price spikes in some areas reliable supply of electricity on a more refining issue statements and describing of the country. timely basis than if the power supplier the desired future condition of the SRA. To better manage power supply needs proceeded sequentially. The public comment period is and to prudently hedge their exposure In order to assure a reliable and tentatively scheduled to begin at 8:00 to power market risks, RUS generation affordable power supply for rural p.m. Time allotted for individual and transmission (G&T) borrowers and America, RUS plans to advance funds to presentations will be limited to 3 others have turned to combustion make progress payments on an minutes. Written comments are turbine (CT) technology. Technological otherwise eligible CT project while the encouraged, particularly if the material advances during the 1990s produced site selection process for that CT project cannot be presented within the time significant improvements to economic is pending. Any funds being requested limits of the comment period. Written and operational efficiencies of CTs. for site development work or comments may be submitted prior to the Nearly 90 percent of new electricity installation of the CT would, if January 22 meeting by sending them to generating capacity between 1997 and approved, be conditioned upon the Designated Federal Official Stephanie 2020 is projected to be combustion borrower meeting all other Phillips at the address given below. turbine technology fueled by natural gas environmental requirements, including FOR FURTHER INFORMATION CONTACT: For or both oil and gas. completion of a RUS site specific more information regarding this In contrast to base load generating environmental review. RUS will not meeting, contact Designated Federal plants, construction and installation of advance any funds for the site Official Stephanie Phillips; Williamette CT plants typically have much shorter development or installation of any CT National Forest, Detroit Ranger District, lead times (18–36 months) and generally unless and until RUS has completed its HC 73 Box 320, Mill City, OR 97360; cost much less. Rather than being environmental analysis of the specific (503) 854–3366. custom constructed on site, CTs are site and determined that such site is assembled in a factory, delivered to the acceptable. Dated: December 4, 2000. site substantially complete, and then are Except for site specific issues, CTs Darrel Kenops, installed. CTs are not designed to be present a set of common environmental Forest Supervisor. operated continuously, but rather, to issues. CTs use similar technology, have [FR Doc. 00–31394 Filed 12–8–00; 8:45 am] meet peak load requirements. Thus, CT similar environmental impacts, have the BILLING CODE 3410±11±M emissions are more infrequent and same alternatives and otherwise raise
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United States. The U.S. Government, in respondent burden, invites the general of the functions of the agency, including turn, certifies that such representations public and other Federal agencies to whether the information shall have have been made. take this opportunity to comment on practical utility; (b) the accuracy of the proposed and/or continuing information agency’s estimate of the burden Data collections, as required by the (including hours and cost) of the OMB Number: 0694–0017. Paperwork Reduction Act of 1995, proposed collection of information; (c) Form Number: Form BXA–645P, Public Law 104–13 (44 U.S.C. ways to enhance the quality, utility, and International Import Certificate. 3506(c)(2)(A)). clarity of the information to be Type of Review: Regular submission collected; and (d) ways to minimize the DATES: Written comments must be for extension of a currently approved burden of the collection of information submitted on or before February 9, 2001. collection. on respondents, including through the Affected Public: Individuals, ADDRESSES: Direct all written comments use of automated collection techniques businesses or other for-profit and not- to Madeleine Clayton, Departmental or other forms of information for-profit institutions. Forms Clearance Officer, Department of technology. Comments submitted in Estimated Number of Respondents: Commerce, Room 6086, 14th and response to this notice will be 1,008. Constitution Avenue, NW., Washington, summarized and/or included in the Estimated Time Per Response: 16 DC 20230. request for OMB approval of this minutes per response. FOR FURTHER INFORMATION CONTACT: information collection; they will also Estimated Total Annual Burden Requests for additional information or become a matter of public record. Hours: 270. copies of the information collection Dated: December 6, 2000. instrument(s) and instructions should Estimated Total Annual Cost: No Madeleine Clayton, start-up capital expenditures. be directed to Dawnielle Battle, Management Analyst, Department of Departmental Forms Clearance Officer, Office of the Chief Information Officer. Request for Comments Commerce, Room 6883, 14th & Comments are invited on: (a) Whether Constitution Avenue, NW., Washington, [FR Doc. 00–31406 Filed 12–8–00; 8:45 am] the proposed collection of information DC 20230. BILLING CODE 3510±JT±U is necessary for the proper performance SUPPLEMENTARY INFORMATION: of the functions of the agency, including DEPARTMENT OF COMMERCE whether the information shall have Abstract practical utility; (b) the accuracy of the Section 734.4 exempts from the EAR International Trade Administration, agency’s estimate of the burden reexports of foreign technology Commerce (including hours and cost) of the commingled with or drawn from proposed collection of information; (c) controlled U.S. origin technology valued Export Trade Certificate of Review ways to enhance the quality, utility, and at 10% or less of the total value of the clarity of the information to be foreign technology. However, persons ACTION: Notice of Issuance of an collected; and (d) ways to minimize the must submit a one-time report for the Amended Export Trade Certificate of burden of the collection of information foreign software or technology to BXA Review, Application No. 89–8A016. on respondents, including through the prior to reliance upon this de minimis SUMMARY: The Department of Commerce use of automated collection techniques exclusion. issued an amended Export Trade or other forms of information Method of Collection Certificate of Review to The Geothermal technology. Energy Association (‘‘GEA’’) on Comments submitted in response to Exporters intending to rely on the de November 13, 2000. Notice of issuance this notice will be summarized and/or minimis exclusion for foreign software of the original Certificate was published included in the request for OMB and technology commingled with U.S. in the Federal Register on February 9, approval of this information collection; software and technology must file a one- 1990 (55 FR 4647). time report for the foreign software or they will also become a matter of public FOR FURTHER INFORMATION CONTACT: record. technology. Morton Schnabel, Director, Office of Dated: December 6, 2000. Data Export Trading Company Affairs, Madeleine Clayton, OMB Number: 0694–0101. International Trade Administration, Departmental Clearance Officer, Office of the Form Number: None. (202) 482–5131. This is not a toll-free Chief Information Officer. Type of Review: Regular submission number. [FR Doc. 00–31405 Filed 12–8–00; 8:45 am] for extension of a currently approved SUPPLEMENTARY INFORMATION: Title III of BILLING CODE 3510±33±U collection. the Export Trading Company Act of Affected Public: Individuals, 1982 (15 U.S.C. Sections 4001–21) businesses or other for-profit and not- authorizes the Secretary of Commerce to DEPARTMENT OF COMMERCE for-profit institutions. issue Export Trade Certificates of Estimated Number of Respondents: 7. Review. The regulations implementing Bureau of Export Administration Estimated Time Per Response: 25 Title III are found at 15 CFR part 325 One-time Report for Foreign Software hours. (1998). or Technology Eligible for De Minimis Estimated Total Annual Burden The Office of Export Trading Exclusion Hours: 175. Company Affairs (‘‘OETCA’’) is issuing Estimated Total Annual Cost: No this notice pursuant to 15 CFR 325.6(b), ACTION: Notice and request for start-up capital expenditures. which requires the Department of comments. Commerce to publish a summary of a Request for Comments Certificate in the Federal Register. SUMMARY: The Department of Comments are invited on: (a) Whether Under Section 305(a) of the Act and 15 Commerce, as part of its continuing the proposed collection of information CFR 325.11(a), any person aggrieved by effort to reduce paperwork and is necessary for the proper performance the Secretary’s determination may,
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If the answer demonstrates that the EFFECTIVE DATE: All comments are due Authority: Section 204 of the Agricultural material facts are in dispute, the by January 12, 2001. Act of 1956, as amended (7 U.S.C. 1854); Department of Commerce and the Executive Order 11651 of March 3, 1972, as ADDRESSES: Persons wishing to offer amended. Department of Justice shall, upon written comments should address those request, meet informally with the comments to Director of the United The import restraint limits for textile certificate holder. Either Department States Patent and Trademark Office, Box products, produced or manufactured in may require the certificate holder to 4, United States Patent and Trademark Kenya and exported during the period provide the documents or information Office, Washington, DC 20231, marked January 1, 2001 through December 31, that are necessary to support its to the attention of Elizabeth Shaw. 2001 are based on limits notified to the contentions (section 325.10(c)(3) of the Comments may also be submitted by Textiles Monitoring Body pursuant to Regulations). facsimile transmission to (703) 305– the Uruguay Round Agreement on The Department shall publish a notice 7575 or by electronic mail through the Textiles and Clothing (ATC). in the Federal Register of the revocation Internet to [email protected]. In the letter published below, the or modification or a decision not to All comments will be maintained for Chairman of CITA directs the revoke or modify (section 325.10(c)(4) of public inspection in Room 902 of Commissioner of Customs to establish the Regulations). If there is a Crystal Park II, 2121 Crystal Drive, the limits for the 2001 period. determination to revoke a certificate, Arlington, Virginia. As required by the African Growth any person aggrieved by such final FOR FURTHER INFORMATION CONTACT: and Opportunity Act, these limits shall decision may appeal to an appropriate Jennifer Lucas by telephone at (703) be eliminated within 30 days after the U.S. district court within 30 days from 305–9300; by facsimile at (703) 305– U.S. Trade Representative determines the date on which the Department’s 8885; by electronic mail at that Kenya has adopted an effective visa final determination is published in the [email protected]; or by mail system to prevent unlawful Federal Register (sections 325.10(c)(4) marked to the attention of Jennifer transshipment of textile and apparel and 325.11 of the Regulations). Lucas, Attorney-Advisor, addressed to articles and the use of counterfeit Dated: December 1, 2000. Director of the United States Patent and documents relating to the importation of Morton Schnabel, Trademark Office, Box 4, Washington, the articles into the United States. Director, Office of Export Trading Company DC 20231. A description of the textile and Affairs. Dated: December 5, 2000. apparel categories in terms of HTS [FR Doc. 00–31404 Filed 12–8–00; 8:45 am] Albin F. Drost, numbers is available in the BILLING CODE 3510±DR±P Acting General Counsel. CORRELATION: Textile and Apparel [FR Doc. 00–31355 Filed 12–8–00; 8:45 am] Categories with the Harmonized Tariff Schedule of the United States (see BILLING CODE 3510±16±U DEPARTMENT OF COMMERCE Federal Register notice 64 FR 71982, published on December 22, 1999). United States Patent and Trademark Information regarding the 2001 Office COMMITTEE FOR THE CORRELATION will be published in the RIN 0651±AB25 IMPLEMENTATION OF TEXTILE Federal Register at a later date. AGREEMENTS Reopening of the Time Period for Richard B. Steinkamp, Acceptance of Comments on Chairman, Committee for the Implementation Announcement of Import Restraint of Textile Agreements. Preliminary Draft Convention on Limits for Certain Cotton and Man- Jurisdiction and Foreign Judgments in Made Fiber Textile Products Produced Committee for the Implementation of Textile Civil and Commercial Matters or Manufactured in Kenya Agreements December 5, 2000. AGENCY: U.S. Patent and Trademark December 5, 2000. Office, Commerce. Commissioner of Customs, AGENCY: Committee for the Department of the Treasury, Washington, DC ACTION: Reopening of time period for Implementation of Textile Agreements 20229. acceptance of comments. (CITA). Dear Commissioner: Pursuant to section ACTION: Issuing a directive to the 204 of the Agricultural Act of 1956, as SUMMARY: On Tuesday, October 17, amended (7 U.S.C. 1854); Executive Order 2000, the United States Patent and Commissioner of Customs establishing limits. 11651 of March 3, 1972, as amended; and the Trademark Office published a notice Uruguay Round Agreement on Textiles and seeking comments on a convention Clothing (ATC), you are directed to prohibit, EFFECTIVE DATE: January 1, 2001. being negotiated by the Hague effective on January 1, 2001, entry into the Conference on Private International Law FOR FURTHER INFORMATION CONTACT: United States for consumption and that is designed to create common Naomi Freeman, International Trade withdrawal from warehouse for consumption jurisdictional rules for international Specialist, Office of Textiles and of cotton and man-made fiber textile recognition and enforcement of Apparel, U.S. Department of Commerce, products in the following categories, produced or manufactured in Kenya and judgments issued under these rules (65 (202) 482–4212. For information on the quota status of these limits, refer to the exported during the twelve-month period F.R. 61306 (2000)). Interested members beginning on January 1, 2001 and extending of the public were invited to present Quota Status Reports posted on the through December 31, 2001, in excess of the written comments on the topics bulletin boards of each Customs port, following levels of restraint: outlined in the Issues for Public call (202) 927–5850, or refer to the U.S. Customs website at http:// Comment section of the Notice by Category Twelve-month restraint December 1, 2000. This notice reopens www.customs.ustreas.gov. For limit the time period for submission of information on embargoes and quota re- openings, call (202) 482–3715. 340/640 ...... 643,548 dozen. comments. Comments will be accepted 360 ...... 4,647,847 numbers. through January 12, 2001. SUPPLEMENTARY INFORMATION:
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The limits set forth above are subject to Authority: Section 204 of the Agricultural Twelve-month restraint adjustment pursuant to the provisions of the Act of 1956, as amended (7 U.S.C. 1854); Category limit ATC and administrative arrangements Executive Order 11651 of March 3, 1972, as notified to the Textiles Monitoring Body. amended. Knit Group Products in the above categories exported 345, 438, 445, 446, 238,802 dozen. during 2000 shall be charged to the The import restraint limits for textile 645 and 646, as a applicable category limits for that year (see products, produced or manufactured in group. directive dated September 13, 1999) to the the Mauritius and exported during the Levels not in a group extent of any unfilled balances. In the event period January 1, 2001 through 237 ...... 307,948 dozen. the limits established for that period have December 31, 2001 are based on limits 335/835 ...... 122,412 dozen. been exhausted by previous entries, such notified to the Textiles Monitoring Body 336 ...... 144,048 dozen. products shall be charged to the limits set pursuant to the Uruguay Round 338/339 ...... 576,681 dozen. forth in this directive. Agreement on Textiles and Clothing 340/640 ...... 938,509 dozen of In carrying out the above directions, the (ATC). which not more than Commissioner of Customs should construe In the letter published below, the 571,294 dozen shall entry into the United States for consumption Chairman of CITA directs the be in Categories to include entry for consumption into the 340±Y/640±Y 1. Commonwealth of Puerto Rico. Commissioner of Customs to establish the 2001 limits. 341/641 ...... 650,126 dozen. The Committee for the Implementation of 347/348 ...... 1,213,889 dozen. Textile Agreements has determined that As required by the African Growth 351/651 ...... 285,492 dozen. these actions fall within the foreign affairs and Opportunity Act, these limits shall 352/652 ...... 2,420,963 dozen of exception of the rulemaking provisions of 5 be eliminated within 30 days after the which not more than U.S.C. 553(a)(1). U.S. Trade Representative determines 2,057,821 dozen Sincerely, that Mauritius has adopted an effective shall be in Category Richard B. Steinkamp, visa system to prevent unlawful 352. Chairman, Committee for the transshipment of textile and apparel 442 ...... 12,566 dozen. Implementation of Textile Agreements. articles and the use of counterfeit 604±A 2 ...... 484,035 kilograms. 638/639 ...... 663,186 dozen. [FR Doc. 00–31389 Filed 12–8–00; 8:45 am] documents relating to the importation of the articles into the United States. 647/648/847 ...... 894,265 dozen. BILLING CODE 3510±DR±F A description of the textile and 1 Category 340±Y: only HTS numbers apparel categories in terms of HTS 6205.20.2015, 6205.20.2020, 6205.20.2046, COMMITTEE FOR THE numbers is available in the 6205.20.2050 and 6205.20.2060; Category 640±Y: only HTS numbers 6205.30.2010, IMPLEMENTATION OF TEXTILE CORRELATION: Textile and Apparel 6205.30.2020, 6205.30.2050 and AGREEMENTS Categories with the Harmonized Tariff 6205.30.2060. Schedule of the United States (see 2 Category 604±A: only HTS number Announcement of Import Restraint Federal Register notice 64 FR 71982, 5509.32.0000. Limits for Certain Cotton, Wool, Man- published on December 22, 1999). The limits set forth above are subject to Made Fiber, Silk Blend and Other Information regarding the 2001 adjustment pursuant to the provisions of the Vegetable Fiber Textiles and Textile CORRELATION will be published in the ATC and administrative arrangements Products Produced or Manufactured in Federal Register at a later date. notified to the Textiles Monitoring Body. Mauritius Richard B. Steinkamp, Products in the above categories exported during 2000 shall be charged to the December 5, 2000. Chairman, Committee for the Implementation of Textile Agreements. applicable category limits for that year (see AGENCY: Committee for the directive dated September 13, 1999) to the Implementation of Textile Agreements Committee for the Implementation of Textile extent of any unfilled balances. In the event (CITA). Agreements the limits established for that period have ACTION: Issuing a directive to the December 5, 2000. been exhausted by previous entries, such Commissioner of Customs establishing Commissioner of Customs, products shall be charged to the limits set limits. Department of the Treasury, Washington, DC forth in this directive. 20229. In carrying out the above directions, the EFFECTIVE DATE: January 1, 2001. Dear Commissioner: Pursuant to section Commissioner of Customs should construe 204 of the Agricultural Act of 1956, as entry into the United States for consumption FOR FURTHER INFORMATION CONTACT: amended (7 U.S.C. 1854); Executive Order to include entry for consumption into the Naomi Freeman, International Trade 11651 of March 3, 1972, as amended; and the Commonwealth of Puerto Rico. Specialist, Office of Textiles and Uruguay Round Agreement on Textiles and The Committee for the Implementation of Apparel, U.S. Department of Commerce, Clothing (ATC), you are directed to prohibit, Textile Agreements has determined that (202) 482–4212. For information on the effective on January 1, 2001, entry into the these actions fall within the foreign affairs quota status of these limits, refer to the United States for consumption and exception of the rulemaking provisions of 5 Quota Status Reports posted on the withdrawal from warehouse for consumption U.S.C. 553(a)(1). of cotton, wool, man-made fiber, silk blend bulletin boards of each Customs port, Sincerely, call (202) 927–5850, or refer to the U.S. and other vegetable fiber textiles and textile Customs website at http:// products in the following categories, Richard B. Steinkamp, www.customs.gov. For information on produced or manufactured in Mauritius and Chairman, Committee for the exported during the twelve-month period embargoes and quota re-openings, call Implementation of Textile Agreements. beginning on January 1, 2001 and extending (202) 482–3715. through December 31, 2001, in excess of the [FR Doc. 00–31388 Filed 12–8–00; 8:45 am] SUPPLEMENTARY INFORMATION: following levels of restraint: BILLING CODE 3510±DR±F
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COMMITTEE FOR THE which began on January 1, 2000 and extends Chairman, Committee for the IMPLEMENTATION OF TEXTILE through December 31, 2000. Implementation of Textile Agreements. AGREEMENTS Effective on December 11, 2000, you are [FR Doc. 00–31390 Filed 12–8–00; 8:45 am] directed to adjust the current limits for the BILLING CODE 3510±DR±F Adjustment of Import Limits for Certain following categories, as provided for under Cotton and Man-Made Fiber Textile the terms of the current bilateral textile Products Produced or Manufactured in agreement: Taiwan DEPARTMENT OF EDUCATION Category Adjusted twelve-month December 5, 2000. limit 1 AGENCY: Committee for the Submission for OMB Review; Implementation of Textile Agreements Sublevels in Group II Comment Request (CITA). 331 ...... 424,829 dozen pairs. 338/339 ...... 970,197 dozen. AGENCY: Department of Education. ACTION: Issuing a directive to the Commissioner of Customs adjusting 347/348 ...... 1,405,973 dozen of SUMMARY: The Leader, Regulatory which not more than limits. Information Management Group, Office 1,200,354 dozen of the Chief Information Officer invites shall be in Cat- EFFECTIVE DATE: December 11, 2000. egories 347±W/348± comments on the submission for OMB FOR FURTHER INFORMATION CONTACT: Roy W 2. review as required by the Paperwork Unger, International Trade Specialist, 631 ...... 5,537,192 dozen pairs. Reduction Act of 1995. Office of Textiles and Apparel, U.S. 638/639 ...... 6,662,435 dozen. DATES: Interested persons are invited to Department of Commerce, (202) 482– 647/648 ...... 5,447,962 dozen of submit comments on or before January 4212. For information on the quota which not more than 10, 2001. status of these limits, refer to the Quota 5,177,017 dozen Status Reports posted on the bulletin shall be in Cat- ADDRESSES: Written comments should boards of each Customs port, call (202) egories 647±W/648± be addressed to the Office of W 3. 927–5850, or refer to the U.S. Customs Information and Regulatory Affairs, Within Group II Sub- Attention: Lauren Wittenberg, Acting website at http://www.customs.gov. For group information on embargoes and quota re- Desk Officer, Department of Education, 351 ...... 338,922 dozen. Office of Management and Budget, 725 openings, call (202) 482–3715. 651 ...... 517,397 dozen. SUPPLEMENTARY INFORMATION: 17th Street, NW., Room 10235, New 1 The limits have not been adjusted to ac- Executive Office Building, Washington, Authority: Section 204 of the Agricultural count for any imports exported after December DC 20503 or should be electronically Act of 1956, as amended (7 U.S.C. 1854); 31, 1999. mailed to the internet address Executive Order 11651 of March 3, 1972, as 2 Category 347±W: only HTS numbers _ amended. 6203.19.1020, 6203.19.9020, 6203.22.3020, Lauren [email protected]. 6203.22.3030, 6203.42.4005, 6203.42.4010, The current limits for certain 6203.42.4015, 6203.42.4025, 6203.42.4035, SUPPLEMENTARY INFORMATION: Section categories are being adjusted for special 6203.42.4045, 6203.42.4050, 6203.42.4060, 3506 of the Paperwork Reduction Act of shift and partial undoing of special 6203.49.8020, 6210.40.9033, 6211.20.1520, 1995 (44 U.S.C. Chapter 35) requires shift. 6211.20.3810 and 6211.32.0040; Category that the Office of Management and 348±W: only HTS numbers 6204.12.0030, A description of the textile and 6204.19.8030, 6204.22.3040, 6204.22.3050, Budget (OMB) provide interested apparel categories in terms of HTS 6204.29.4034, 6204.62.3000, 6204.62.4005, Federal agencies and the public an early numbers is available in the 6204.62.4010, 6204.62.4020, 6204.62.4030, opportunity to comment on information CORRELATION: Textile and Apparel 6204.62.4040, 6204.62.4050, 6204.62.4055, collection requests. OMB may amend or 6204.62.4065, 6204.69.6010, 6204.69.9010, Categories with the Harmonized Tariff 6210.50.9060, 6211.20.1550, 6211.20.6810, waive the requirement for public Schedule of the United States (see 6211.42.0030 and 6217.90.9050. consultation to the extent that public Federal Register notice 64 FR 71982, 3 Category 647±W: only HTS numbers participation in the approval process published on December 22, 1999). Also 6203.23.0060, 6203.23.0070, 6203.29.2030, would defeat the purpose of the 6203.29.2035, 6203.43.2500, 6203.43.3500, see 64 FR 60796, published on 6203.43.4010, 6203.43.4020, 6203.43.4030, information collection, violate State or November 8, 1999. 6203.43.4040, 6203.49.1500, 6203.49.2015, Federal law, or substantially interfere 6203.49.2030, 6203.49.2045, 6203.49.2060, with any agency’s ability to perform its Richard B. Steinkamp, 6203.49.8030, 6210.40.5030, 6211.20.1525, statutory obligations. The Leader, Chairman, Committee for the Implementation 6211.20.3820 and 6211.33.0030; Category Regulatory Information Management of Textile Agreements. 648±W: only HTS numbers 6204.23.0040, 6204.23.0045, 6204.29.2020, 6204.29.2025, Group, Office of the Chief Information Committee for the Implementation of Textile 6204.29.4038, 6204.63.2000, 6204.63.3000, Officer, publishes that notice containing Agreements 6204.63.3510, 6204.63.3530, 6204.63.3532, proposed information collection 6204.63.3540, 6204.69.2510, 6204.69.2530, December 5, 2000. 6204.69.2540, 6204.69.2560, 6204.69.6030, requests prior to submission of these Commissioner of Customs, 6204.69.9030, 6210.50.5035, 6211.20.1555, requests to OMB. Each proposed Department of the Treasury, Washington, DC 6211.20.6820, 6211.43.0040 and information collection, grouped by 20229. 6217.90.9060. office, contains the following: (1) Type Dear Commissioner: This directive The Committee for the Implementation of of review requested, e.g. new, revision, amends, but does not cancel, the directive Textile Agreements has determined that extension, existing or reinstatement; (2) issued to you on November 2, 1999, by the these actions fall within the foreign affairs Title; (3) Summary of the collection; (4) Chairman, Committee for the Implementation Description of the need for, and of Textile Agreements. That directive exception of the rulemaking provisions of 5 concerns imports of certain cotton, wool, U.S.C. 553(a)(1). proposed use of, the information; (5) man-made fiber, silk blend and other Sincerely, Respondents and frequency of collection; and (6) Reporting and/or vegetable fiber textiles and textile products, Richard B. Steinkamp, produced or manufactured in Taiwan and Recordkeeping burden. OMB invites exported during the twelve-month period public comment.
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Dated: December 5, 2000. its opportunity to attend the press Electronic Access to This Document John Tressler, conference. You may view this document, as well Leader, Regulatory Information Management, DATE: The press conference will be held as all other Department of Education Office of the Chief Information Officer. on December 14, 2000 at 9:30 a.m. It documents published in the Federal Office of Special Education and will be held at the National Press Club, Register, in text or Adobe Portable Rehabilitative Services 529 14th St., NW. in Washington, DC in Document Format (PDF) on the Internet at either of the following sites: http:// Type of Review: Extension. the Hollerman Lounge. ocfo.ed.gov/fedreg.htm http:// Title: Annual Client Assistance FOR FURTHER INFORMATION CONTACT: www.ed.gov/news/html. Program (CAP) Report. David Byer, Executive Director, Web- To use the PDF you must have the Frequency: Annually. based Education Commission, U.S. Adobe Acrobat Reader Program with Affected Public: State, Local, or Tribal Department of Education, 1990 K Street, Search, which is available free at either Gov’t, SEAs or LEAs. NW., Washington, DC 20006–8533. Reporting and Recordkeeping Hour Telephone: (202) 219–7045. Fax: (202) of the previously mentioned sites. If you Burden: Responses: 56. 502–7675. Email: have questions about using the PDF, call Burden Hours: 350. [email protected]. the U.S. Government Printing Office Abstract: Form RSA–227 is used to (GPO), toll free, at 1–888–293–6498; or SUPPLEMENTARY INFORMATION: analyze and evaluate the Client The Web- in the Washington, DC area, at (202) Assistance Program (CAP) administered based Education Commission is 512–1530. by designated CAP agencies. These authorized by Title VIII, Part J of the Higher Education Amendments of 1998, Note: The official version of this document agencies provide services to clients and is the document published in the Federal as amended by the Fiscal 2000 client applicants of programs, projects, Register. Free Internet access to the official and community rehabilitation programs Appropriations Act for the Departments edition of the Federal Register and the Code authorized by the Rehabilitation Act of of Labor, Health, and Human Services, of Federal Regulations is available on GPO 1973, as amended. Data also are and Education, and Related Agencies. Access at: http://www.access.gpo.gov/nara/ reported on information and referral The Commission is required to conduct indes.html. a thorough study to assess the critical services provided to any individual Dated: December 5, 2000. with a disability in the State or pedagogical and policy issues affecting the creation and use of web-based and A. Lee Fritschler, Territory. Assistant Secretary, Office of Postsecondary Requests for copies of the proposed other technology-mediated content and learning strategies to transform and Education. information collection request may be [FR Doc. 00–31395 Filed 12–8–00; 8:45 am] accessed from http://edicsweb.ed.gov, or improve teaching and achievement at BILLING CODE 4000±01±U should be addressed to Vivian Reese, the K–12 and postsecondary education Department of Education, 400 Maryland levels. The Commission must issue a Avenue, SW., Room 4050, Regional final report to the President and the DEPARTMENT OF ENERGY Office Building 3, Washington, DC Congress, not later than 12 months after the first meeting of the Commission, 20202–4651. Requests may also be National Energy Technology electronically mailed to the internet which occurred November 16–17, 1999. The final report will contain a detailed Laboratory; Notice of Availability of a address OCIO—IMG—[email protected] or Financial Assistance Solicitation faxed to 202–708–9346. Please specify statement of the Commission’s findings the complete title of the information and conclusions, as well as AGENCY: Department of Energy (DOE), collection when making your request. recommendations. National Energy Technology Laboratory Comments regarding burden and/or the The December 14 press conference is (NETL). collection activity requirements should to announce the release of the ACTION: Notice inviting financial be directed to Sheila Carey at (202) 708– Commission’s final report, The Power of assistance applications. 6287 or via her internet address the Internet: Moving from Promise to [email protected]. Individuals who Practice. SUMMARY: The Department of Energy use a telecommunications device for the The press conference is open to the announces that it intends to conduct a deaf (TDD) may call the Federal public. Records are kept of all competitive Program Solicitation, DE– Information Relay Service (FIRS) at 1– Commission proceedings and are PS26–01NT41094, and award financial 800–877–8339. available for public inspection at the assistance (Cooperative Agreements) for office of the Web-based Education the program entitled ‘‘Industries of the [FR Doc. 00–31392 Filed 12–8–00; 8:45 am] Commission, Room 6131, 1990 K Street, Future, Emerging Technology BILLING CODE 4001±01±U NW., Washington, DC 20006–8533, from Deployment.’’ Through this solicitation, the hours of 9 a.m. to 5:30 p.m. the DOE/NETL seeks applications on behalf of the DOE’s Office of Energy Assistance To Individuals With DEPARTMENT OF EDUCATION Efficiency and Renewable Energy Disabilities Web-Based Education Commission; (EERE), Office of Industrial Press Conference The press conference site is accessible Technologies (OIT). The DOE/NETL, by to individuals with disabilities. way of the Federal Financial Assistance AGENCY: Office of Postsecondary Individuals who will need an auxiliary application process, is seeking Education, Education. aid or service (e.g., interpreting services, proposals for cost-shared SUMMARY: This notice announces the assistive listening devices, or materials implementation of technologies to press conference of the Web-based in alternative format) should contact the reduce energy consumption, enhance Education Commission. Notice of this person listed in this notice before the economic competitiveness, and reduce press conference is in accordance with scheduled date of the press conference. environmental impacts. The DOE/NETL Section 10(a)(2) of the Federal Advisory We will attempt to meet all requests, but targets, specifically, the Industries of the Committee Act. This document is cannot guarantee availability of the Future (IOF) industrial sectors for intended to notify the general public of requested accommodation. technology implementations under this
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DEPARTMENT OF ENERGY web at http://www.ferc.fed.us/online/ Bitter Creek states that after the rims.htm (call 202–208–2222 for acquisition of the facilities by Bitter Federal Energy Regulatory assistance). Comments and protests may Creek, the operation of the facilities will Commission be filed electronically via the intenet in not change. Bitter Creek states that the [Docket No. RP01±124±000] lieu of paper. See, 18 CFR primary function of the facilities will be 385.2001(a)(1)(iii) and the instructions gathering as the only gas being Algonquin Gas Transmission on the Commission’s web site at http:/ compressed through the facilities is Company; Notice of Proposed /www.ferc.fed.us/efi/doorbell.htm. local production from wells and Changes in FERC Gas Tariff gathering lines connected to the David P. Boergers, facilities. Bitter Creek states that no December 5, 2000. Secretary. interruption, reduction, or termination Take notice that on November 30, [FR Doc. 00–31430 Filed 12–18–00; 8:45 am] of service to parties receiving service 2000, Algonquin Gas Transmission BILLING CODE 6717±01±M through these compressors has occurred Company (Algonquin) tendered for since Bitter Creek began operating the filing as part of its FERC Gas Tariff, field compressors effective June 1, 2000. Fourth Revised Volume No. 1 and DEPARTMENT OF ENERGY No interruption is expected to occur Original Volume No. 2, the following upon Bitter Creek’s acquisition of the revised tariff sheets to become effective Federal Energy Regulatory facilities. January 1, 2001; Commission Bitter Creek submits that, just as the Commission has determined in Fourth Revised Volume 1 [Docket No. CP01±40±000] numerous prior proceedings involving Second Revised Sheet No. 4 the spin-off of pipeline facilities to Original Sheet No. 36A Bitter Creek Pipelines, LLC; Notice of third-party purchasers, the primary Eighth Revised Sheet No. 37 Petition for Declaratory Order Fourth Revised Sheet No. 241 function of the facilities to be acquired Original Sheet No. 241A December 5, 2000. in this proceeding is that of gathering, consistent with the criteria set forth in Second Revised Sheet No. 243 Take notice that on November 30, Farmland Industries, Inc. (23 FERC Fourth Revised Sheet No. 245 2000, Bitter Creek Pipelines, LLC, (Bitter Fourth Revised Sheet No. 247 ¶ 61,063 (1983), as modified in Creek), 1250 West Century Avenue, Fourth Revised Sheet No. 248 subsequent orders, thus qualifying them Fifth Revised Sheet No. 940 Bismarck, North Dakota 58503, filed a as exempt gathering facilities under the Fourth Revised Sheet No. 942 petition for declaratory order in Docket NGA. No. CP01–40–000, requesting that the Original Volume No. 2 Any questions concerning this Commission declare that certain field application may be directed to Bitter Sixth Revised Sheet No. 1B compressor stations located in Yuma First Revised Sheet No. 342 Creek’s counsel, Robert T. Hall, III, of and Logan Counties, Colorado, and Thelen Reid & Priest LLP, at (202) 508– Algonquin asserts that the purpose of Cheyenne County, Kansas to be 4000. this filing is to convert its firm lateral acquired from Kinder Morgan Interstate Any person desiring to be heard or to line transportation obligation to New Gas Transmission LLC (KM) would have protest with reference to said petition England Power Company from Part 157 the primary function of gathering of should on or before December 26, 2000, Rate Schedule X–37 to Part 284 Rate natural gas and would thereby be file with the Federal Energy Regulatory Schedule AFT–CL pursuant to the exempt from the Commission’s Commission, 888 First Street, NE., automatic authorization conferred by jurisdiction pursuant to Section 1(b) of Washington, DC 20426, a motion to Section 157.217 of the Commission’s the Natural Gas Act (NGA), all as more intervene or a protest in accordance regulations. fully set forth in the petition which is with the requirements of the Algonquin states that copies of the on file with the Commission and open Commission’s Rules of Practice and filing were mailed to all affected to public inspection. This filing may be Procedure (18 CFR 385.211 or 385.214) customers and interested state viewed on the web at http:// and the regulations under the Natural commissions. www.ferc.fed.us/online/rims.htm (call Gas Act (18 CFR 157.10). All protests Any person desiring to be heard or to 202–208–2222). filed with the Commission will be protect said filing should file a motion Bitter Creek states that it and KM have considered by it in determining the to intervene or a protest with the entered into a Compressor Purchase appropriate action to be taken but will Federal Energy Regulatory Commission, Agreement (Agreement), dated June 5, not serve to make the protestants parties 888 First Street, NE., Washington, DC 2000, in which KM has agreed to sell to the proceeding. The Commission’s 20426, in accordance with Sections and Bitter Creek has agreed to purchase rules require that protectors provide 385.214 or 385.211 of the Commission’s 12 field compressor stations from KM. copies of of their protests to the party Rules and Regulations. All such motions Bitter Creek states that these field or parties directly involved. Any person or protest must be filed in accordance compressors are situated at the to become a party to a proceeding or to with Section 154.210 of the intersection of KM’s interstate pipeline participate as a party in any hearing Commission’s Regulations. Protests will and with various gathering facilities therein must file a motion to intervene be considered by the Commission in located in Yuma and Logan Counties, in accordance with the Commission’s determining the appropriate action to be Colorado, and Cheyenne County, rules. Comments and protests may be taken, but will not serve to make Kansas. Bitter Creek states that as part filed electronically via the internet in protestants parties to the proceedings. of the Agreement, KM has agreed to lieu of paper. See, 18 CFR Any person wishing to become a party obtain abandonment authority from the 385.200(a)(1)(iii) and the instructions on must file a motion to intervene. Copies Commission for these 12 field the Commission’s web site at http:// of this filing are on file with the compressors and will report the www.ferc.fed.us/efi/doorbell.htm. Commission and are available for public abandonment of these facilities under Take further notice that, pursuant to inspection in the Public Reference § 157.216 of the Commission’s the authority contained in and subject to Room. This filing may be viewed on the Regulations and KMs blanket authority. jurisdiction conferred upon the
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Commission by Sections 7 and 15 of the must file a motion to intervene. Copies be filed electronically via the internet in NGA and the Commission’s Rules of of this filing are on file with the lieu of paper. See, 18 CFR Practice and Procedure, a hearing will Commission and are available for public 385.2001(a)(1)(iii) and the instructions be held without further notice before the inspection in the Public Reference on the Commission’s web site at http:/ Commission or its designee on this Room. This filing may be viewed on the /www. ferc.fed.us/efi/doorbell.htm. application if no motion to intervene is web at http://www.ferc.fed.us/online/ David P. Boergers, filed within the time required herein, if rims.htm (call 202–208–2222 for Secretary. the Commission on its own review of assistance). Comments and protests may the matter finds that a grant of the be filed electronically via the internet in [FR Doc. 00–31420 Filed 12–8–00; 8:45 am] certificate is required by the public lieu of paper. See, 18 CFR BILLING CODE 6717±01±M convenience and necessity. If a motion 385.2001(a)(1)(iii) and the instructions for leave to intervene is timely filed, or on the Commission’s web site at http:/ DEPARTMENT OF ENERGY if the Commission on its own motion /www.ferc.fed.us/efi/doorbell.htm. believes that a formal hearing is David P. Boergers, Federal Energy Regulatory required, further notice of such hearing Commission will be duly given. Secretary. Under the procedure herein provided [FR Doc. 00–31428 Filed 12–8–00; 8:45 am] [Docket No. RP01±138±000] for, unless otherwise advised, it will be BILLING CODE 6717±01±M Columbia Gulf Transmission unnecessary for Bitter Creek to appear Company; Notice of Proposed or be represented at the hearing. DEPARTMENT OF ENERGY Changes in FERC Gas Tariff David P. Boergers, December 5, 2000. Secretary. Federal Energy Regulatory Commission Take notice that on December 1, 2000, [FR Doc. 00–31422 Filed 12–8–00; 8:45 am] Columbia Gulf Transmission Company BILLING CODE 6717±01±M [Docket No. RP01±137±000] (Columbia Gulf) tendered for filings as part of its FERC Gas Tariff, Second Colorado Interstate Gas Company; Revised Volume No. 1, the following DEPARTMENT OF ENERGY Notice of Tariff Filing revised tariff sheets to become effective Federal Energy Regulatory December 5, 2000. January 1, 2001: Commission Take notice that on December 1, 2000, Twenty-fourth Revised Sheet No. 18 Colorado Interstate Gas Company (CIG), Fourteenth Revised Sheet No. 18A [Docket No. RP01±122±000] tendered for filing as part of its FERC Twenty-fifth Revised Sheet No. 19 Chandeleur Pipe Line Company; Gas Tariff, First Revised Volume No. 1, Columbia Gulf states that this filing is Notice of Proposed Changes in FERC Thirty-First Revised Sheet No. 11, with being submitted in accordance with the Gas Tariff an effective date of January 1, 2001. Federal Energy Regulatory CIG states that the filing was made Commission’s (Commission) order December 5, 2000. pursuant to CIG’s FERC Gas Tariff, First issued on September 29, 1999 in Gas Take notice that on November 30, Revised Volume No. 1, General Terms Research Institute’s (GRI) Docket No. 2000, Chandeleur Pipe Line Company and Conditions, Article 21.5 (Account RP99–323–000 (Order Approving Pipe Line (Chandeleur) tendered for No. 858 Stranded Costs). Settlement) (88 FERC ¶ 61,293), and in filing proposed changes in its FERC Gas CIG states that copies of the filing accordance with Section 33 of the Tariff, Second Revised Volume No. 1, were served upon the company’s General Terms and Conditions of its Eleventh Revised Sheet No. 5, with an jurisdictional firm customers and FERC Gas Tariff, Columbia is submitting effective date of January 1, 2001. interested state commissions. revised tariff sheets to reflect the 2000 Chandeleur states that it is proposing Any person desiring to be heard or to GRI funding mechanism. to change it’s Fuel and Line Loss protest said filing should file a motion Columbia Gulf states that copies of its Allowance from 0.2% to 0.0%, to to intervene or a protest with the filing have been served upon its firm become effective January 1, 2001. Federal Energy Regulatory Commission, and interruptible customers and affected Chandeleur states that copies of the 888 First Street, NE., Washington, DC state commissions. filing were served upon the company’s 20426, in accordance with Sections Any person desiring to be heard or to jurisdictional customers and state 385.214 or 385.211 of the Commission’s protest said filing should file a motion regulatory commissions. Rules and Regulations. All such motions to intervene or a protest with the Any person desiring to be heard or to or protests must be filed in accordance Federal Energy Regulatory Commission, protest said filing should file a motion with Section 154.210 of the 888 First Street, NE., Washington, DC to intervene or a protest with the Commission’s Regulations. Protests will 20426, in accordance with Sections Federal Energy Regulatory Commission, be considered by the Commission in 385.214 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC determining the appropriate action to be Rules and Regulations. All such motions 20426, in accordance with Sections taken, but will not serve to make or protests must be filed in accordance 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. with Section 154.210 of the Rules and Regulations. All such motions Any person wishing to become a party Commission’s Regulations. Protests will or protests must be filed in accordance must file a motion to intervene. Copies be considered by the Commission in with Section 154.210 of the of this filing are on file with the determining the appropriate action to be Commission’s Regulations. Protests will Commission and are available for public taken, but will not serve to make be considered by the Commission in inspection in the Public Reference protestants parties to the proceedings. determining the appropriate action to be Room. This filing may be viewed on the Any person wishing to become a party taken, but will not serve to make web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies protestants parties to the proceedings. rims.htm (call 202–208–2222 for of this filing are on file with the Any person wishing to become a party assistance). Comments and protests may Commission and are available for public
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Rules and Regulations. All such motions Commission’s Regulations. Protests will be considered by the Commission in or protests must be filed in accordance be considered by the Commission in determining the appropriate action to be with Section 154.210 of the determining the appropriate action to be taken, but will not serve to make Commission’s Regulations. Protests will taken, but will not serve to make protestants parties to the proceedings. be considered by the Commission in protestants parties to the proceedings. Any person wishing to become a party determining the appropriate action to be Any person wishing to become a party must file a motion to intervene. Copies taken, but will not serve to make must file a motion to intervene. Copies of this filing are on file with the protestants parties to the proceedings. of this filing are on file with the Commission and are available for public Any person wishing to become a party Commission and are available for public inspection in the Public Reference must file a motion to intervene. Copies inspection in the Public Reference Room. This filing may be viewed on the of this filing are on file with the Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ Commission and are available for public web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for inspection in the Public Reference rims.htm (call 202–208–2222 for assistance). Comments and protests may Room. This filing may be viewed on the assistance). Comments and protests may be filed electronically via the internet in web at http://www.ferc.fed.us/online/ be filed electronically via the internet in lieu of paper. See, 18 CFR rims.htm (call 202–208–2222 for lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions assistance). Comments and protests may 385.2001(a)(1)(iii) and the instructions on the Commission’s web site at be filed electronically via the internet in on the Commission’s web site at http:/ http://www.ferc.fed.us/efi/doorbell.htm. lieu of paper. See, 18 CFR /www.ferc.fed.us/efi/doorbell.htm. David P. Boergers, 385.2001(a)(1)(iii) and the instructions David P. Boergers, on the Commission’s web site at http:/ Secretary. /www.ferc.fed.us/efi/doorbell.htm. Secretary. [FR Doc. 00–31431 Filed 12–18–00; 8:45 am] [FR Doc. 00–31425 Filed 12–8–00; 8:45 am] BILLING CODE 6717±01±M David P. Boergers, BILLING CODE 6717±01±M Secretary. [FR Doc. 00–31415 Filed 12–8–00; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. RP01±127±000] [Docket No. RP01±125±000] Federal Energy Regulatory Kinder Morgan Interstate Gas Commission Iroquois Gas Transmission System, Transmission LLC; Notice of Tariff [Docket No. RP01±119±000] L.P.; Notice of Proposed Changes in Filing FERC Gas Tariff Great Lakes Gas Transmission Limited December 5, 2000. Partnership; Notice of Tariff Filing December 5, 2000. Take notice that on November 30, Take notice that on November 30, 2000, Kinder Morgan Interstate Gas December 5, 2000. 2000, Iroquois Gas Transmission Transmission LLC, (KMIGT) tendered Take notice that on November 28, System, L.P. (Iroquois) tendered for for filing as part of its FERC Gas Tariff, 2000, Great Lakes Gas Transmission filing to become part of its FERC Gas First Revised Volume No. 1, the Limited Partnership (Great Lakes) Tariff, First Revised Volume No. 1, following tariff sheet, to become tendered for filing as part of its FERC Second Revised Sheet No. 4A, with an effective January 1, 2001: Gas Tariff, Second Revised Volume No. effective date of January 1, 2001. Third Revised Sheet No. 4D 1, Eleventh Revised Sheet No. 7 and Iroquois states that, pursuant to Part Sixth Revised Sheet No. 48, proposed to 154 of the Commission’s regulations and Pursuant to the Commission’s Order be effective January 1, 2001. Section 12.1 of the General Terms and issued September 19, 2000 in Docket Great Lakes states that the tariff sheets Conditions of its tariff, it is filing No. RP00–313–000, KMIGT submits a described above reflect the revised Twenty-Sixth Revised Sheet No. 4 to proposed tariff sheet reflecting the funding surcharges for the Gas Research reflect the GRI surcharge for calendar required changes to the Gas Research Institute (GRI) for the year 2001. These year 2001, which the Commission Institute (GRI) surcharges in its tariff. surcharges were approved by the approved in an order issued on Any person desiring to be heard or to Commission in its letter order issued September 19, 2000 in Docket No. protest said filing should file a motion September 19, 2000, in Docket No. RP00–313. to intervene or a protest with the RP00–313–000, in which it also Iroquois states that copies of its filing Federal Energy Regulatory Commission, approved GRI’s funding for its year 2001 were served on all jurisdictional 888 First Street, NE., Washington, DC research, development, and customers and interested state 20426, in accordance with Sections demonstration (RD&D) program and its commissions. 385.214 or 385.211 of the Commission’s 2001–2005 five-year RD&D plan. Any person desiring to be heard or to Rules and Regulations. All such motions Any person desiring to be heard or to protest said filing should file a motion or protests must be filed in accordance protest said filing should file a motion to intervene or a protest with the with Section 154.210 of the to intervene or a protest with the Federal Energy Regulatory Commission, Commission’s Regulations. Protests will Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC be considered by the Commission in 888 First Street, NE., Washington, DC 20426, in accordance with Sections determining the appropriate action to be 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s taken, but will not serve to make 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions protestants parties to the proceedings. Rules and Regulations. All such motions or protests must be filed in accordance Any person wishing to become a party or protests must be filed in accordance with Section 154.210 of the must file a motion to intervene. Copies with Section 154.210 of the Commission’s Regulations. Protests will of this filing are on file with the
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Commission and are available for public 385.2001(a)(1)(iii) and the instructions Stephens, Director of Certificates, at inspection in the Public Reference on the Commission’s web site at http:/ Koch Gateway Pipeline Company, P.O. Room. This filing may be viewed on the /www.ferc.fed.us/efi/doorbell.htm. Box 1478, Houston, Texas 77251–1478, web at http://www.ferc.fed.us/online/ (713) 544–4123. David P. Boergers, rims.htm (call 202–208–2222 for Any person or the Commission’s staff assistance). Comments and protests may Secretary. may, within 45 days after issuance of be filed electronically via the internet in [FR Doc. 00–31432 Filed 12–8–00; 8:45 am] the instant notice by the Commission, lieu of paper. See, 18 CFR BILLING CODE 6717±01±M file pursuant to Rule 214 of the 385.2001(a)(1)(iii) and the instructions Commission’s Procedural Rules (18 CFR on the Commission’s web site at http:/ 385.214) a motion to intervene or notice /www.ferc.fed.us/efi/doorbell.htm. DEPARTMENT OF ENERGY of intervention and pursuant to Section 157.205 of the Regulations under the David P. Boergers, Federal Energy Regulatory Natural Gas Act (18 CFR 157.205), a Secretary. Commission protest to the request. If no protest is [FR Doc. 00–31433 Filed 12–8–00; 8:45 am] [Docket No. CP01±39±000] filed within the time allowed therefor, BILLING CODE 6717±01±M the proposed activity shall be deemed to Koch Gateway Pipeline Company; be authorized effective the day after the Notice of Request Under Blanket time allowed for protest. If a protest is DEPARTMENT OF ENERGY Authorization filed and not withdrawn within 30 days after the time allowed for filing a December 5, 2000. Federal Energy Regulatory protest, the instant request shall be Take notice that on November 29, Commission treated as an application for 2000, Koch Gateway Pipeline Company authorization pursuant to section 7 of [Docket No. RP01±126±000] (Koch Gateway), P.O. Box 1478, the Natural Gas Act. Beginning Houston, Texas 77251–1478, filed in K N Wattenberg Transmission Limited November 1, 2000, comments and Docket No. CP01–39–000 a request Liability Co.; Notice of Tariff Filing protests may be filed electronically via pursuant to Sections 157.205 and the internet in lieu of paper. See 18 CFR 157.211 of the Commission’s Regulation December 5, 2000. 385.2001(a)(1)(iii) and the instructions under the Natural Gas Act (18 CFR Take notice that on November 30, on the Commission’s web site at http:/ Sections 157.205 and 157.211) for 2000, K N Wattenberg Transmission /www.ferc.fed.us/efi/doorbell.htm. Limited Liability Co., (KNW) tendered authorization to install new delivery for filing as part of its FERC Gas Tariff, point facilities in Baldwin County, David P. Boergers, First Revised Volume No. 1, the Alabama in order to accommodate Secretary. following tariff sheet, to become deliveries of natural gas to the City of [FR Doc. 00–31423 Filed 12–8–00; 8:45 am] effective January 1, 2001: Daphine, Albama (Daphine), under BILLING CODE 6717±01±M Koch Gateway’s blanket certificate Third Revised Sheet No. 6 issued in Docket No. CP82–430–000 Pursuant to the Commission’s Order pursuant to Section 7 of the Natural Gas DEPARTMENT OF ENERGY issued September 19, 2000 in Docket Act, all as more fully set forth in the No. RP00–313–000, KNW submits a request which is on file with the Federal Energy Regulatory proposed tariff sheet reflecting the Commission and open to public Commission required changes to the Gas Research inspection. This filing may be viewed [Docket No. RP01±120±000] Institute (GRI) surcharges in its tariff. on the web at http://www.ferc.fed.us/ Any person desiring to be heard or to online/rims.htm. Call (202) 208–2222 Mississippi River Transmission protest said filing should file a motion for assistance. Corporation; Notice of Tariff Filing to intervene or a protest with the Koch Gateway states that the City of Federal Energy Regulatory Commission, Daphine is currently served by the City December 5, 2000. 888 First Street, NE., Washington, DC of Fairhope, Alabama. It is explained Take notice that on November 29, 20426, in accordance with Sections that the proposed facilities consist of a 2000, Mississippi River Transmission 385.214 or 385.211 of the Commission’s 4-inch tap, valve and a flow computer, Corporation (MRT) tendered for filing as Rules and Regulations. All such motions and it is stated that Koch Gateway will part of its Gas Tariff, Third Revised or protests must be filed in accordance construct, own and operate the Volume No. 1, the following sheets, to with Section 154.210 of the facilities. It is asserted that the facilities become effective January 1, 2001: Commission’s Regulations. Protests will will have a maximum daily capacity of Thirty Eighth Revised Sheet No. 5 be considered by the Commission in 7,500 Mcf. It is further asserted that Thirty Eighth Revised Sheet No. 6 determining the appropriate action to be Koch Gateway has sufficient capacity to Thirty Fifth Revised Sheet No. 7 taken, but will not serve to make make the deliveries without detriment MRT states that pursuant to the GRI protestants parties to the proceedings. or disadvantage to its other customers. provisions of the settlement in Docket Any person wishing to become a party Koch Gateway estimates the cost of the No. RP98–235, and Commission Order must file a motion to intervene. Copies proposed facilities at $39,468. Koch in Docket No. RP99–323, MRT is filing of this filing are on file with the Gateway states that its FERC Gas Tariff to adjust its annual GRI transportation Commission and are available for public does not prohibit the addition of new surcharge rates established in the GRI inspection in the Public Reference delivery points. It is explained that 2001 RD&D program. Room. This filing may be viewed on the Koch Gateway will transport gas under Any person desiring to be heard or to web at http://www.ferc.fed.us/online/ Section 284 of the Commission’s protest said filing should file a motion rims.htm (call 202–208–2222 for Regulations and will make deliveries to to intervene or a protest with the assistance). Comments and protests may Daphine on a firm or no notice basis. Federal Energy Regulatory Commission, be filed electronically via the internet in Any questions regarding the 888 First Street, NE., Washington, DC lieu of paper. See, 18 CFR application should be directed to Kyle 20426, in accordance with Sections
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385.214 or 385.211 of the Commission’s 20426, in accordance with Sections Commission’s Regulations. Protests will Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s be considered by the Commission in or protests must be filed in accordance Rules and Regulations. All such motions determining the appropriate action to be with Section 154.210 of the or protests must be filed in accordance taken, but will not serve to make Commission’s Regulations. Protests will with Section 154.210 of the protestants parties to the proceedings. be considered by the Commission in Commission’s Regulations. Protests will Any person wishing to become a party determining the appropriate action to be be considered by the Commission in must file a motion to intervene. Copies taken, but will not serve to make determining the appropriate action to be of this filing are on file with the protestants parties to the proceedings. taken, but will not serve to make Commission and are available for public Any person wishing to become a party protestants parties to the proceedings. inspection in the Public Reference must file a motion to intervene. Copies Any person wishing to become a party Room. This filing may be viewed on the of this filing are on file with the must file a motion to intervene. Copies web at http://www.ferc.fed.us/online/ Commission and are available for public of this filing are on file with the rims.htm (call 202–208–2222 for inspection in the Public Reference Commission and are available for public assistance). Comments and protests may Room. This filing may be viewed on the inspection in the Public Reference be filed electronically via the internet in web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the lieu of paper. See, 18 CFR rims.htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ 385.2001(a)(1)(iii) and the instructions assistance). Comments and protests may rims.htm (call 202–208–2222 for on the Commission’s web site at http:/ be filed electronically via the internet in assistance). Comments and protests may /www.ferc.fed.us/efi/doorbell.htm. lieu of paper. See, 18 CFR be filed electronically via the internet in David P. Boergers, 385.2001(a)(1)(iii) and the instructions lieu of paper. See, 18 CFR on the Commission’s web site at http:/ 385.2001(a)(1)(iii) and the instructions Secretary. /www.ferc.fed.us/efi/doorbell.htm. on the Commission’s web site at http:/ [FR Doc. 00–31427 Filed 12–8–00; 8:45 am] /www.ferc.fed.us/efi/doorbell.htm. BILLING CODE 6717±01±M David P. Boergers, Secretary. David P. Boergers, [FR Doc. 00–31426 Filed 12–8–00; 8:45 am] Secretary. DEPARTMENT OF ENERGY [FR Doc. 00–31429 Filed 12–8–00; 8:45 am] BILLING CODE 6717±01±M Federal Energy Regulatory BILLING CODE 6717±01±M Commission DEPARTMENT OF ENERGY [Docket No. RP01±132±000] DEPARTMENT OF ENERGY Federal Energy Regulatory Southern Natural Gas Company; Commission Federal Energy Regulatory Notice of Revised Tariff Sheets Commission [Docket No. RP01±123±000] December 5, 2000. [Docket No. RP01±121±000] Take notice that on November 30, National Fuel Gas Supply Corporation; 2000, Southern Natural Gas Company PG&E Gas Transmission, Northwest Notice of Tariff Filing (Southern) tendered for filing as part of Corporation; Notice of Tariff Filing December 5, 2000. its FERC Gas Tariff, Seventh Revised Take notice that on November 30, December 5, 2000. Volume No. 1, the following tariff 2000, National Fuel Gas Supply Take notice that on November 30, sheets, to become effective January 1, Corporation (National) tendered for 2000, PG&E Gas Transmission, 2001: filing as part of its FERC Gas Tariff, Northwest Corporation (PG&E GTN) Fifty-fourth Revised Sheet No. 14 Fourth Revised Volume No. 1, the tendered for filing as part of its FERC Seventy-fifth Revised Sheet No. 15 following tariff sheet, to become Gas Tariff, First Revised Volume No. 1– Fifty-fourth Revised Sheet No. 16 effective December 1, 2000. A, Twenty-Ninth Revised Sheet No. 4, Seventy-fifth Revised Sheet No. 17 Fifteenth Revised Sheet No. 4A and Thirty-eighth Revised Sheet No. 18 Twenty Eighth Revised Sheet No. 9 Twelfth Revised Sheet No. 6C. Section 14.2 of Southern’s Tariff National states that under Article II, PG&E GTN states that these tariff provides for an annual reconciliation of Section 2, of the settlement, it is sheets establish PG&E GTN’s Gas Southern’s storage costs to reflect required to recalculate the maximum Research Institute (‘‘GRI’’) surcharge for differences between the cost to Southern Interruptible Gathering (IG) rate calendar year 2001. PG&E GTN proposes of its storage gas inventory and the monthly and to charge that rate on the that these sheets be made effective amount Southern receives for such gas first day of the following month if the January 1, 2001. arising out of (i) the purchase and sale result is an IG rate more than 2 cents PG&E GTN further states that a copy of such gas in order to resolve shipper above or below the IG rate as calculated of this filing has been served on PG&E imbalances; and (ii) the purchase and under Section 1 of Article II. The GTN’s jurisdictional customers and sale of gas as necessary to maintain an recalculation produced an IG rate of 34 interested state regulatory agencies. appropriate level of storage gas cents per dth. In addition, Article III, Any person desiring to be heard or to inventory for system management Section 1 states that nay overruns of the protest said filing should file a motion purposes. In the instant filing, Southern Firm Gathering service provided by to intervene or a protest with the submits the rate surcharge to the National shall be priced at the Federal Energy Regulatory Commission, transportation component of its rates maximum IG rate. 888 First Street, N.E., Washington, DC under Rate Schedules FT, FT–NN, and Any person desiring to be heard or to 20426, in accordance with Sections IT resulting from the fixed and realized protest said filing should file a motion 385.214 or 385.211 of the Commission’s losses it has incurred from the purchase to intervene or a protest with the Rules and Regulations. All such motions and sale of its storage gas inventory. Federal Energy Regulatory Commission, or protests must be filed in accordance Southern states that copies of the 888 First Street, NE., Washington, DC with Section 154.210 of the filing were served upon Southern’s
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory [Docket No. RP01±135±000] Commission Commission Texas Gas Transmission Corporation; [Docket No. RP01±134±000] Notice of Proposed Changes in FERC [Docket No. RP01±129±000] Gas Tariff Texas Gas Transmission Corporation; Tennessee Gas Pipeline Company; December 5, 2000. Notice of Proposed Changes In FERC Notice of Cashout Report Take notice that on November 30, Gas Tariff 2000, Texas Gas Transmission December 5, 2000. December 5, 2000. Corporation (Texas Gas) tendered for Take notice that on November 30, Take notice that on November 30, filing as part of its FERC Gas Tariff, First 2000, Tennessee Gas Pipeline Company 2000, Texas Gas Transmission Revised Volume No. 1, the revised tariff (Tennessee) tendered for filing its Corporation (Texas Gas) tendered for sheets listed on Appendix A to the seventh annual cashout report for the filing as part of its FERC Gas Tariff, First filing, with an effective date of January September 1999 through August 2000 Revised Volume No. 1, the revised tariff 1, 2001. Period. sheets listed in Appendix A to the Texas Gas states that this filing is filing, with an effective date of January made to implement the provisison of Tennessee states that the cashout Article XI, Section 1(a), of the Offer of report is the second filed by Tennessee 1, 2001. Texas Gas states that the revised tariff Settlement and Explanatory Statement under the new cashout reconciliation sheets are being filed pursuant to in Docket No. RP97–344, et al., and, as methodology established pursuant to Section 22 of the General Terms and presented in the referenced Appendix the March 25, 1999 cashout settlement Conditions of Texas Gas’s FERC Gas D, page 2, of said Settlement, Texas Gas, on the Tennessee system. The cashout Tariff, First Revised Volume No. 1, to in the instant filing, proposes to reflect report reflects a net cashout gain during reflect the 2001 General RD&D Funding the unit rate reductions, effective the period of $209,435. Pursuant to the Units authorized in the Order January 1, 2001, resulting from the March 25, 1999 cashout settlement, Approving Settlement issued by the termination of the HIOS T–17 contract. there is a cumulative loss carry forward Commission on April 29, 1998, in The attached tariff sheets reflect from prior cashout operations of Docket No. RP97–149–003, et al., at 83 reductions to: NNS and FT demand $978,801. FERC ¶ 61,093. rates of ($0.0006); SGT rates of Any person desiring to be heard or to Texas Gas states that copies of this ($0.0012); average STF and IT peak protest said filing should file a motion filing have been served upon Texas demand rates of ($0.0010); average STF to intervene or a protest with the Gas’s jurisdictional customers and and IT off-peak demand rates of ($0.0003); SNS 1⁄16 hourly flow demand Federal Energy Regulatory Commission, interested state commissions. rates of ($0.0006); SNS 1⁄16 up to 1⁄12 888 First Street, N.E., Washington, D.C. Any person desiring to be heard or to hourly flow demand rates of ($0.0008); 20426, in accordance with Sections protest said filing should file a motion to intervene or a protest with the and SNS greater than 1⁄12 hourly flow 385.214 or 385.211 of the Commission’s demand rates of ($0.0012). Rules and Regulations. All such motions Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Texas Gas states that copies of this or protests must be filed on or before 20426, in accordance with sections filing have been served upon all of December 12, 2000. Protests will be 385.214 or 385.211 of the Commission’s Texas Gas’s jurisdictional customers, all considered by the Commission in Rules and Regulations. All such motions parties on the Commission’s official determining the appropriate action to be or protests must be filed in accordance service list in this proceeding, interested taken, but will not serve to make with section 154.210 of the state commissions, and the FERC Staff. protestants parties to the proceedings. Commission’s Regulations. Protests will Any person desiring to be heard or to Any person wishing to become a party be considered by the Commission in protest said filing should file a motion must file a motion to intervene. Copies determining the appropriate action to be to intervene or a protest with the of this filing are on file with the taken, but will not serve to make Federal Energy Regulatory Commission, Commission and are available for public protestants parties to the proceedings. 888 First Street, NE., Washington, DC inspection in the Public Reference Any person wishing to become a party 20426, in accordance with Sections Room. This filing may be viewed on the must file a motion to intervene. Copies 385.214 or 385.211 of the Commission’s web at http://www.ferc.fed.us/online/ of this filing are on file with the Rules and Regulations. All such motions rims.htm (call 202–208–2222 for Commission and are available for public or protests must be filed in accordance assistance). Comments and protests may inspection in the Public Reference with Section 154.210 of the be filed electronically via the internet in Room. This filing may be viewed on the Commission’s Regulations. Protests will lieu of paper. See, 18 CFR web at http://www.ferc.fed.us/online/ be considered by the Commission in 385.2001(a)(1)(iii) and the instructions rims.htm (call 202–208–2222 for determining the appropriate action to be on the Commission’s web site at http:/ assistance). Comments and protests may taken, but will not serve to make /www.ferc.fed.us/efi/doorbell.htm. be filed electronically via the internet in protestants parties to the proceedings. lieu of paper. See, 18 CFR Any person wishing to become a party David P. Boergers, 385.2001(a)(1)(iii) and the instructions must file a motion to intervene. Copies Secretary. on the Commission’s web site at http:/ of this filing are on file with the [FR Doc. 00–31435 Filed 12–8–00; 8:45 am] /www.ferc.fed.us/efi/doorbell.htm. Commission and are available for public inspection in the Public Reference BILLING CODE 6717±01±M David P. Boergers, Room. This filing may be viewed on the Secretary. web at http://www.ferc.fed.us/online/ [FR Doc. 00–31413 Filed 12–8–00; 8:45 am] rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M assistance). Comments and protests may
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Commission and are available for public Service Commission and all parties of Comment date: December 20, 2000, in inspection in the Public Reference record. accordance with Standard Paragraph E Room. This filing may be viewed on the Comment date: December 20, 2000, in at the end of this notice. web at http://www.ferc.fed.us/online/ accordance with Standard Paragraph E 6. Commonwealth Edison Company rims.htm (call 202–208–2222 for at the end of this notice. assistance). Comments and protests may 3. Ohio Valley Electric Corporation; [Docket No. ER01–525–000] be filed electronically via the internet in Indiana-Kentucky Electric Corporation Take notice that on November 29, lieu of paper. See, 18 CFR 2000, Commonwealth Edison Company 385.2001(a)(1)(iii) and the instructions [Docket No. ER01–517–000] (ComEd) submitted for filing 10 Short- on the Commission’s web site at http:/ Take notice that on November 28, Term Firm Transmission Service /www.ferc.fed.us/efi/doorbell.htm. 2000, Ohio Valley Electric Corporation Agreements with Constellation Power (including its wholly-owned subsidiary, David P. Boergers, Source, Inc. (CPS), The Detroit Edison Indiana-Kentucky Electric Corporation) Company (DE), Edison Mission Secretary. (OVEC) tendered for filing a Service Marketing & Trading, Inc. (EMMT), [FR Doc. 00–31412 Filed 12–8–00; 8:45 am] Agreement for Non-Firm Point-To-Point LG&E Energy Marketing Inc. (LGE), BILLING CODE 6717±01±M Transmission Service, dated October 31, MidAmerican Energy Company (MEC), 2000 (the Service Agreement) between Northern Indiana Public Service The Energy Authority, Inc. (Energy Company (NIPS), Reliant Energy DEPARTMENT OF ENERGY Authority) and OVEC. Services, Inc. (RES), Southern Company OVEC proposes an effective date of Energy Marketing L.P. (SCEM), Federal Energy Regulatory October 31, 2000 and requests waiver of Commission Southern Illinois Power Cooperative the Commission’s notice requirement to (SIPC), and The Energy Authority [Docket No. ER01±136±001, et al.] allow the requested effective date. The (TEA), under the terms of ComEd’s Service Agreement provides for non- Open Access Transmission Tariff Dynegy Midwest Generation, Inc., et firm transmission service by OVEC to (OATT). These Agreements have been al.; Electric Rate and Corporate Energy Authority. In its filing, OVEC amended to provide that Transmission Regulation Filings states that the rates and charges Customers must confirm accepted included in the Service Agreement are requests for service within the December 4, 2000. the rates and charges set forth in OVEC’s reservation timing requirements Take notice that the following filings Open Access Transmission Tariff. have been made with the Commission: A copy of this filing was served upon established in the Commission’s Order No. 638. These Agreements amend and 1. Dynegy Midwest Generation, Inc. Energy Authority. Comment date: December 19, 2000, in supersede agreements already on file [Docket No. ER01–136–001] accordance with Standard Paragraph E with the Commission. Take notice that on November 29, at the end of this notice. ComEd requests an effective date of 2000, Dynegy Midwest Generation, Inc. May 30, 2000 for the Agreements, and (DMG) submitted a filing containing 4. Boston Edison Company accordingly, seeks waiver of the designations pursuant to Order No. 614, [Docket No. ER01–523–000] Commission’s notice requirements. in compliance with the letter order Take notice that on November 29, Comment date: December 20, 2000, in issued November 16, 2000 in Docket No. 2000, Boston Edison Company (Boston accordance with Standard Paragraph E ER01–136–000 in which the Edison) tendered for filing an at the end of this notice. Commission accepted the filing, Interconnection Agreement between 7. PacifiCorp effective January 1, 2001. Sithe Fore River Development LLC and Comment date: December 20, 2000, in Boston Edison. Boston Edison has [Docket No. ER01–526–000] accordance with Standard Paragraph E requested waiver of the Commission’s Take notice that on November 29, at the end of this notice. regulations to permit an effective date of 2000, PacifiCorp tendered for filing in December 31, 2000 of the accordance with 18 CFR Part 35 of the 2. Allegheny Energy Supply Company, Commission’s Rules and Regulations, LLC; The Potomac Edison Company, Interconnection Agreement, and that the public comment period for this umbrella Transmission Service West Penn; Power Company (dba Agreements with Sacramento Municipal Allegheny Power) proceeding to end December 25, 2000. Comment date: December 20, 2000, in Utility District (SMUD) under [Docket No. ER01–432–001] accordance with Standard Paragraph E PacifiCorp’s FERC Electric Tariff, Take notice that on November 29, at the end of this notice. Second Revised Volume No. 11 (Tariff). 2000, Allegheny Energy Supply Copies of this filing were supplied to 5. PacifiCorp Company, LLC (Allegheny Energy the Washington Utilities and Supply), filed Amendment No. 1 to First [Docket No. ER01–524–000] Transportation Commission and the Revised Rate Schedule FERC No. 3. Take notice that on November 29, Public Utility Commission of Oregon. Amendment No. 1 redesignates the 2000, PacifiCorp tendered for filing in Comment date: December 20, 2000, in cover page and Table of Contents to accordance with 18 CFR Part 35 of the accordance with Standard Paragraph E comply with the Commission’s Order Commission’s Rules and Regulations, a at the end of this notice. No. 614 and corrects page numbers Notice of Filing, and Mutual Netting/ 8. Ameren Services Company shown on Sheet No. 3. Closeout Agreements (Netting Copies of the filing have been Agreements) with Tenaska Power [Docket No. ER01–527–000] provided to the Public Utilities Services Co. (TNSK) and Merrill Lynch Take notice that on November 29, Commission of Ohio, the Pennsylvania Capital Services (MLCS). 2000, Ameren Services Company (ASC) Public Utility Commission, the Copies of this filing were supplied to tendered for filing Service Agreements Maryland Public Service Commission, the Washington Utilities and for Firm Point-to-Point Transmission the Virginia State Corporation Transportation Commission and the Service and Non-Firm Point-to-Point Commission, the West Virginia Public Public Utility Commission of Oregon. Transmission Service between ASC and
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H.Q. Energy Services (U.S.) Inc. ASC Companies under the Wholesale Market Deseret requests an effective date of asserts that the purpose of the Tariff of the AEP Operating Companies September 1, 2000. Agreements is to permit ASC to provide (Power Sales Tariff). The Power Sales Comment date: December 20, 2000, in transmission service to H.Q. Energy Tariff was accepted for filing effective accordance with Standard Paragraph E Services (U.S.) Inc. pursuant to October 10, 1997 and has been at the end of this notice. Ameren’s Open Access Transmission designated AEP Operating Companies’ 16. Northern Maine Independent Tariff. FERC Electric Tariff Original Volume System Administrator, Inc. Comment date: December 20, 2000, in No. 5. accordance with Standard Paragraph E AEPSC respectfully requests waiver of [Docket No. ER01–535–000] at the end of this notice. notice to permit this service agreement Take notice that on November 29, to be made effective on or prior to 2000, Northern Maine Independent 9. PJM Interconnection, L.L.C. November 1, 2000. System Administrator, Inc., (NMISA) [Docket No. ER01–528–000] A copy of the filing was served upon tendered for filing an amendment to its Take notice that on November 29, the Parties and the State Utility Market Rules, FERC Electric Rate 2000, PJM Interconnection, L.L.C. (PJM), Regulatory Commissions of Arkansas, Schedule No. 2. submitted for filing an executed Indiana, Kentucky, Louisiana, Michigan, NMISA requests an effective date of interconnection service agreement Ohio, Oklahoma, Tennessee, Texas, December 1, 2000. between PJM and Allegheny Energy Virginia and West Virginia. Comment date: December 20, 2000, in Comment date: December 20, 2000, in Supply Company. accordance with Standard Paragraph E Copies of this filing were served upon accordance with Standard Paragraph E at the end of this notice. at the end of this notice. Allegheny Energy Supply Company and 17. Allegheny Energy Service the state electric utility regulatory 13. PJM Interconnection, L.L.C. Corporation, on Behalf of Allegheny commissions within the PJM control [Docket No. ER01–532–000] Energy Supply Company LLC area. [Docket No. ER01–536–000] Comment date: December 20, 2000, in Take notice that on November 29, 2000, PJM Interconnection, L.L.C. (PJM), accordance with Standard Paragraph E Take notice that on November 29, submitted for filing an executed at the end of this notice. 2000, Allegheny Energy Service interconnection service agreement Corporation on behalf of Allegheny 10. PJM Interconnection, L.L.C. between PJM and Mantua Creek Energy Supply Company, LLC [Docket No. ER01–529–000] Generating Company LP. (Allegheny Energy Supply Company) Copies of this filing were served upon filed First Revised Service Agreement Take notice that on November 29, Mantua Creek Generating Company LP No. 7 to complete the filing requirement 2000, PJM Interconnection, L.L.C. (PJM), and the state electric utility regulatory for one (1) new Customer of the Market submitted for filing an executed commissions within the PJM control Rate Tariff under which Allegheny interconnection service agreement area. Energy Supply offers generation between PJM and Southern Company Comment date: December 20, 2000, in services. Energy Marketing L.P. accordance with Standard Paragraph E Allegheny Energy Supply maintains Copies of this filing were served upon at the end of this notice. the effective date of Service Agreement Southern Company Energy Marketing No. 7 of December 6, 1999 for service to 14. PJM Interconnection, L.L.C. L.P. and the state electric utility Wabash Valley Power Association, Inc. regulatory commissions within the PJM [Docket No. ER01–533–000] Copies of the filing have been control area. Take notice that on November 29, provided to the Public Utilities Comment date: December 20, 2000, in 2000, PJM Interconnection, L.L.C. (PJM), Commission of Ohio, the Pennsylvania accordance with Standard Paragraph E submitted for filing an executed interim Public Utility Commission, the at the end of this notice. interconnection service agreement Maryland Public Service Commission, 11. Entergy Services, Inc. between PJM and Reliant Energy the Virginia State Corporation Hunterstown, LLC. Commission, the West Virginia Public [Docket No. ER01–530–000] Copies of this filing were served upon Service Commission, and all parties of Take notice that on November 29, Reliant Energy Hunterstown, LLC and record. 2000, Entergy Services, Inc. (Entergy the state electric utility regulatory Comment date: December 20, 2000, in Services), on behalf of Entergy commissions within the PJM control accordance with Standard Paragraph E Arkansas, Inc (Entergy Arkansas), area. at the end of this notice. tendered for filing a Long-Term Market Comment date: December 20, 2000, in 18. Westmoreland—LG&E Partners Rate Sales Agreement between Entergy accordance with Standard Paragraph E Arkansas and City of Benton, Arkansas at the end of this notice. [Docket No. ER01–537–000] for the sale of power under Entergy Take notice that on November 30, 15. Deseret Generation & Transmission Services’ Rate Schedule SP. 2000, Westmoreland—LG&E Partners Co-operative, Inc. Comment date: December 20, 2000, in submitted for filing, pursuant to Section accordance with Standard Paragraph E [Docket No. ER01–534–000] 205 of the Federal Power Act, and Part at the end of this notice. Take notice that on November 29, 35 of the Commission’s regulations, a 12. American Electric Power Service 2000, Deseret Generation & Second Amendment and Restatement of Corporation Transmission Co-operative, Inc. the Power Purchase and Operating (Deseret) tendered for filing an Agreement which governs power sales [Docket No. ER01–531–000] amendment to a long-term Service to Virginia Electric and Power Company Take notice that on November 29, Agreement between Deseret and from the Roanoke Valley II facility. 2000, the American Electric Power Constellation Power Source, Inc., Applicant requests certain waivers of Service Corporation (AEPSC) tendered designated Service Agreement No. 5 to the Commission’s regulations and a for filing a service agreement with DTE FERC Electric Tariff, Original Volume blanket authorization of Federal Power Energy Trading, Inc. by the AEP No. 3. Act Section 204.
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Comment date: December 21, 2000, in DEPARTMENT OF ENERGY d. Applicant: Idaho Power Company. accordance with Standard Paragraph E e. Name of Project: C.J. Strike at the end of this notice. Federal Energy Regulatory Hydroelectric Project. Commission f. Location: On the Snake River, in 19. Central Hudson Gas & Electric Owyhee County, Oregon, between the [Project No. 2651±006 Indiana] Corporation; Consolidated Edison towns of Grandview and Bruneau. The Company of New York, Inc.; Long Indiana Michigan Power Company; project occupies about 3,000 acres of Island Lighting Company; New York Notice of Availability of Final Federal land administered by the State Electric & Gas Corporation; Environmental Assessment Bureau of Land Management. Niagara Mohawk Power Corporation; g. Filed Pursuant to: Federal Power Orange and Rockland Utilities, Inc.; December 5, 2000. Act 16 U.S.C. 791 (a)–825(r). Rochester Gas and Electric Corporation In accordance with the National h. Applicant Contact: Lewis Wardle, Environmental Policy Act of 1969 and Hydro Relicensing Department, Idaho [Docket No. ER01–547–000] the Federal Energy Regulatory Power Company, P.O. Box 70, Boise, ID Take notice that on November 27, Commission’s (Commission) 83707 (208) 388–2964. 2000, the Members of the Transmission regulations, 18 CFR Part 380 (Order No. i. FERC Contact: John Blair, 202–219– Owners Committee of the Energy 486, 52 FR 47897), the Office of the 2845, [email protected]. j. Deadline for filing comments, Association of New York State, formerly Energy Projects has reviewed the recommendations, terms and conditions known as the Member Systems of the application for a new license for the Elkhart Hydroelectric Project, and has and prescriptions: 60 days from the New York Power Pool (Member issuance date of this notice. Systems) tendered for filing revised prepared a final environmental assessment (FEA). The project is located All documents (original and eight transmission service agreements. The on the St. Joseph River in the City of copies) should be filed with: David P. Member Systems state that these tariff Elkhart and Elkhart County, Indiana. Boergers, Secretary, Federal Energy sheets are in compliance with the On April 10, 2000, the Commission Regulatory Commission, 888 First Commission’s October 26, 2000 order in staff issued a draft environmental Street, NE, Washington, DC 20426. this proceeding. Central Hudson Gas & assessment (DEA) for the project and The Commission’s Rules of Practice Electric Corp., et al., 93 FERC ¶ 61,090 requested that comments be filed with require all intervenors filing documents (2000). the Commission within 45 days. with the Commission to serve a copy of A copy of this filing was served upon Comments on the DEA were filed by that document on each person on the all persons on the official service list in Walter D. Gildner, Indiana Department official service list for the project. Further, if an intervenor files comments the captioned proceeding. of Natural Resources, American Electric Power/ Indiana Michigan Power or documents with the Commission Comment date: December 18, 2000, in Company, and the City of Elkhart and relating to the merits of an issue that accordance with Standard Paragraph E are addressed in the FEA. may affect the responsibilities of a at the end of this notice. Copies of the FEA are available for particular resource agency, they must Standard Paragraphs review at the Commission’s Public also serve a copy of the document on Reference Room, located at 888 First that resource agency. E. Any person desiring to be heard or Street, N.E., Washington, D.C. 20426, or Comments, recommendations, terms to protest such filing should file a by calling (202) 208–1371. The FEA may and conditions and prescriptions may motion to intervene or protest with the be viewed on the web at http:// be filed electronically via the internet in Federal Energy Regulatory Commission, www.ferc.fed.us/online/rims.htm lieu of paper. See, 18 CFR 888 First Street, NE., Washington, DC [please call (202) 208–2222 for 385.2001(a)(1)(iii) and the instructions 20426, in accordance with Rules 211 assistance]. on the Commission’s web site at http:/ /www.ferc.fed.us/efi/doorbell.htm. and 214 of the Commission’s Rules of David P. Boergers, k.This application has been accepted, Practice and Procedure (18 CFR 385.211 Secretary. and is ready for environmental analysis and 385.214). All such motions or [FR Doc. 00–31421 Filed 12–8–00; 8:45 am] at this time. protests should be filed on or before the BILLING CODE 6717±01±M l. The project consists of the following comment date. Protests will be facilities: (1) A 3,220-foot-long earthfill considered by the Commission in dam with a maximum height of 115 feet, determining the appropriate action to be DEPARTMENT OF ENERGY which includes a 340-foot-wide and 78- taken, but will not serve to make foot-high reinforced concrete spillway protestants parties to the proceeding. Federal Energy Regulatory consisting of eight 34-foot-wide bays; (2) Any person wishing to become a party Commission a 55-foot-wide, 158-foot-long and 65- must file a motion to intervene. Copies foot-high reinforced concrete intake Notice of Application Ready for of these filings are on file with the structure located at the left abutment of Environmental Analysis and Soliciting Commission and are available for public the dam, consisting of three intakes; (3) Comments, Recommendations, Terms inspection. This filing may also be three riveted steel penstocks connecting and Conditions, and Prescriptions viewed on the Internet at http:// the intakes to the generating units; (4) a www.ferc.fed.us/online/rims.htm (call December 5, 2000. 198-foot-long, 64-foot-wide, and 68-foot- 202–208–2222 for assistance). Take notice that the following high reinforced concrete powerhouse, hydroelectric application has been filed located at the left abutment of the dam, David P. Boergers, with the Commission and is available containing 3 vertical fixed-blade Secretary. for public inspection. turbines with a total nameplate capacity [FR Doc. 00–31391 Filed 12–8–00; 8:45 am] a. Type of Application: Major New of 82.8 megawatts; (5) a reservoir BILLING CODE 6717±01±P License. extending about 32 miles upstream on b. Project No.: 2055–010. the Snake River and about 12 miles c. Date filed: November 24, 1998. upstream on the Bruneau River, with a
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POWER COMPANY, INDIANA SERVICE CORPORATION ON BEHALF CAE–35. MICHIGAN POWER COMPANY, OF: APPALACHIAN POWER DOCKET# EC00–141, 000, POTOMAC KENTUCKY POWER COMPANY, COMPANY, COLUMBUS SOUTHERN ELECTRIC POWER COMPANY, KINGSPORT POWER COMPANY, OHIO POWER COMPANY, INDIANA SOUTHERN ENERGY CHALK POINT, POWER COMPANY, WHEELING MICHIGAN POWER COMPANY, LLC, SOUTHERN ENERGY MID- POWER COMPANY, CONSUMERS KENTUCKY POWER COMPANY, ATLANTIC, LLC, SOUTHERN ENERGY ENERGY COMPANY, THE DETROIT KINGSPORT POWER COMPANY, OHIO PEAKER, LLC, SOUTHERN ENERGY EDISON COMPANY, FIRST ENERGY POWER COMPANY, WHEELING POTOMAC RIVER, LLC, ALLEGHENY CORPORATION ON BEHALF OF: THE POWER COMPANY, CONSUMERS ENERGY SUPPLY COMPANY, LLC, PPL CLEVELAND ELECTRIC ENERGY COMPANY, THE DETROIT MONTOUR, LLC AND POTOMAC ILLUMINATING COMPANY, OHIO EDISON COMPANY, FIRST ENERGY POWER RESOURCES, INC. EDISON COMPANY, PENNSYLVANIA CORPORATION ON BEHALF OF: THE OTHER#S EL00–115, 000, POTOMAC POWER COMPANY, THE TOLEDO CLEVELAND ELECTRIC ELECTRIC POWER COMPANY, EDISON COMPANY AND VIRGINIA ILLUMINATING COMPANY, OHIO SOUTHERN ENERGY CHALK POINT, ELECTRIC AND POWER COMPANY EDISON COMPANY, PENNSYLVANIA LLC, SOUTHERN ENERGY MID- OTHER#S EC99–80, 003, ALLIANCE POWER COMPANY, THE TOLEDO ATLANTIC, LLC, SOUTHERN ENERGY COMPANIES, AMERICAN ELECTRIC EDISON COMPANY AND VIRGINIA PEAKER, LLC, SOUTHERN ENERGY POWER SERVICE CORPORATION ON ELECTRIC AND POWER COMPANY POTOMAC RIVER, LLC, ALLEGHENY BEHALF OF: APPALACHIAN POWER ER99–3144, 005, ALLIANCE COMPANIES, ENERGY SUPPLY COMPANY, LLC, PPL COMPANY, COLUMBUS SOUTHERN AMERICAN ELECTRIC POWER MONTOUR, LLC AND POTOMAC POWER COMPANY, INDIANA SERVICE CORPORATION ON BEHALF POWER RESOURCES, INC. MICHIGAN POWER COMPANY, OF: APPALACHIAN POWER ER00–3727, 000, POTOMAC ELECTRIC KENTUCKY POWER COMPANY, COMPANY, COLUMBUS SOUTHERN POWER COMPANY, SOUTHERN KINGSPORT POWER COMPANY, OHIO POWER COMPANY, INDIANA ENERGY CHALK POINT, LLC, POWER COMPANY, WHEELING MICHIGAN POWER COMPANY, SOUTHERN ENERGY MID-ATLANTIC, POWER COMPANY, CONSUMERS KENTUCKY POWER COMPANY, LLC, SOUTHERN ENERGY PEAKER, ENERGY COMPANY, THE DETROIT KINGSPORT POWER COMPANY, OHIO LLC, SOUTHERN ENERGY POTOMAC EDISON COMPANY, FIRST ENERGY POWER COMPANY, WHEELING RIVER, LLC, ALLEGHENY ENERGY CORPORATION ON BEHALF OF: THE POWER COMPANY, CONSUMERS SUPPLY COMPANY, LLC, PPL CLEVELAND ELECTRIC ENERGY COMPANY, THE DETROIT MONTOUR, LLC AND POTOMAC ILLUMINATING COMPANY, OHIO EDISON COMPANY, FIRST ENERGY POWER RESOURCES, INC. EDISON COMPANY, PENNSYLVANIA CORPORATION ON BEHALF OF: THE POWER COMPANY, THE TOLEDO Consent Agenda—Markets, Tariffs and CLEVELAND ELECTRIC EDISON COMPANY AND VIRGINIA Rates—Gas ILLUMINATING COMPANY, OHIO ELECTRIC AND POWER COMPANY CAG–1. EDISON COMPANY, PENNSYLVANIA EC99–80, 004, ALLIANCE COMPANIES, DOCKET# RP96–312, 034, TENNESSEE POWER COMPANY, THE TOLEDO AMERICAN ELECTRIC POWER GAS PIPELINE COMPANY SERVICE CORPORATION ON BEHALF EDISON COMPANY AND VIRGINIA OTHER#S GT01–5, 000, TENNESSEE GAS OF: APPALACHIAN POWER ELECTRIC AND POWER COMPANY PIPELINE COMPANY COMPANY, COLUMBUS SOUTHERN EC00–103, 000, CONSUMERS ENERGY CAG–2. POWER COMPANY, INDIANA COMPANY DOCKET# RP01–81, 000, TENNESSEE MICHIGAN POWER COMPANY, ER00–2869, 000, CONSUMERS ENERGY GAS PIPELINE COMPANY KENTUCKY POWER COMPANY, COMPANY CAG–3. KINGSPORT POWER COMPANY, OHIO CAE–28. DOCKET# RP00–212, 003, NUI POWER COMPANY, WHEELING DOCKET# EG01–11, 000, MADISON CORPORATION (CITY GAS COMPANY POWER COMPANY, CONSUMERS WINDPOWER, LLC OF FLORIDA DIVISION) V. FLORIDA ENERGY COMPANY, THE DETROIT CAE–29. GAS TRANSMISSION COMPANY EDISON COMPANY, FIRST ENERGY DOCKET# EL01–6, 000, QUIXX LINDEN, CAG–4. CORPORATION ON BEHALF OF: THE L.P. DOCKET# RP01–99, 000, SOUTHERN CLEVELAND ELECTRIC OTHER#S QF98–3, 001, QUIXX LINDEN, NATURAL GAS COMPANY ILLUMINATING COMPANY, OHIO L.P. CAG–5. EDISON COMPANY, PENNSYLVANIA CAE–30. OMITTED POWER COMPANY, THE TOLEDO DOCKET# EL01–8, 000, LG&E- CAG–6. EDISON COMPANY AND VIRGINIA WESTMORELAND HOPEWELL DOCKET# RP01–111, 000, CHANDELEUR ι ELECTRIC AND POWER COMPANY OTHER S QF88–85, 004, LG&E- PIPE LINE COMPANY EC99–80, 005, ALLIANCE COMPANIES, WESTMORELAND HOPEWELL CAG–7. AMERICAN ELECTRIC POWER CAE–31. DOCKET# RP01–103, 000, NORTHWEST SERVICE CORPORATION ON BEHALF DOCKET# EL01–5, 000, SOWEGA POWER ALASKAN PIPELINE COMPANY OF: APPALACHIAN POWER LLC CAG–8. COMPANY, COLUMBUS SOUTHERN CAE–32. DOCKET# RP01–74, 000, DOMINION POWER COMPANY, INDIANA DOCKET# EL99–42, 000, MONTAUP TRANSMISSION, INC. MICHIGAN POWER COMPANY, ELECTRIC COMPANY V. BOSTON OTHER#S RP97–406, 024, DOMINION KENTUCKY POWER COMPANY, EDISON COMPANY TRANSMISSION, INC. KINGSPORT POWER COMPANY, OHIO OTHER#S EL99–42, 002, MONTAUP RP97–406, 025, DOMINION POWER COMPANY, WHEELING ELECTRIC COMPANY V. BOSTON TRANSMISSION, INC. POWER COMPANY, CONSUMERS EDISON COMPANY CAG–9. ENERGY COMPANY, THE DETROIT ER00–2649, 000, MONTAUP ELECTRIC DOCKET# IS01–33, 000, ALPINE EDISON COMPANY, FIRST ENERGY COMPANY V. BOSTON EDISON TRANSPORTATION COMPANY CORPORATION ON BEHALF OF: THE COMPANY CAG–10. CLEVELAND ELECTRIC ER00–3749, 000, MONTAUP ELECTRIC DOCKET# RP99–322, 000, NORTHERN ILLUMINATING COMPANY, OHIO COMPANY V. BOSTON EDISON BORDER PIPELINE COMPANY EDISON COMPANY, PENNSYLVANIA COMPANY OTHER#S RP96–45, 000, NORTHERN POWER COMPANY, THE TOLEDO CAE–33. BORDER PIPELINE COMPANY EDISON COMPANY AND VIRGINIA OMITTED RP96–45, 009, NORTHERN BORDER ELECTRIC AND POWER COMPANY CAE–34. PIPELINE COMPANY ER99–3144, 004, ALLIANCE COMPANIES, DOCKET# ER01–204, 000, PJM RP99–322, 003, NORTHERN BORDER AMERICAN ELECTRIC POWER INTERCONNECTION, L.L.C. PIPELINE COMPANY
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CAG–11. COMPANY AND DOMINION DOCKET# CP00–68, 000, QUESTAR DOCKET# RP99–176, 010, NATURAL GAS TRANSMISSION INC. PIPELINE COMPANY PIPELINE COMPANY OF AMERICA MT00–17, 000, DOMINION RESOURCES, CAC–2. OTHER#S RP99–176, 007, NATURAL GAS INC., CONSOLIDATED NATURAL GAS DOCKET# CP98–540, 003, PIPELINE COMPANY OF AMERICA COMPANY AND DOMINION TRANSCONTINENTAL GAS PIPE LINE RP99–176, 008, NATURAL GAS PIPELINE TRANSMISSION INC. CORPORATION COMPANY OF AMERICA CAG–24. CAC–3. CAG–12. DOCKET# RP98–206, 006, ATLANTA GAS DOCKET# CP00–416, 000, COLUMBIA DOCKET# RP00–257, 000, OZARK GAS LIGHT COMPANY GAS TRANSMISSION CORPORATION TRANSMISSION, L.L.C. OTHER#S RP98–206, 005, ATLANTA GAS OTHER#S CP00–417, 000, COLUMBIA OTHER#S RP00–257, 001, OZARK GAS LIGHT COMPANY NATURAL RESOURCES, INC. TRANSMISSION, L.L.C. CAG–25. CAC–4. CP01–21, 000, OZARK GAS DOCKET# RM00–11 000, FIVE-YEAR DOCKET# CP98–74, 003, ANR PIPELINE TRANSMISSION, L.L.C. REVIEW OF OIL PIPELINE PRICING COMPANY V. TRANSCONTINENTAL CAG–13. INDEX GAS PIPE LINE CORPORATION OMITTED CAG–26. CAC–5. CAG–14. DOCKET# CP95–168, 004, SEA ROBIN DOCKET# CP00–424, 001, DISTRIGAS OF DOCKET# RP00–363, 001, NATURAL GAS PIPELINE COMPANY MASSACHUSETTS LLC PIPELINE COMPANY OF AMERICA CAC–6. OTHER#S RP00–363, 002, NATURAL GAS Consent Agenda—Miscellaneous DOCKET# CP99–600, 000, NATIONAL PIPELINE COMPANY OF AMERICA CAM–1. FUEL GAS DISTRIBUTION CAG–15. DOCKET# RM99–10, 000, REVISIONS TO CORPORATION DOCKET# RP00–553, 001, AND ELECTRONIC FILING OF THE TRANSCONTINENTAL GAS PIPE LINE FERC FORM NO. 6, AND RELATED CAC–7. CORPORATION UNIFORM SYSTEMS OF ACCOUNTS DOCKET# CP95–218, 002, TEXAS CAG–16. EASTERN TRANSMISSION DOCKET# RP01–83, 000, SEAGULL Consent Agenda—Energy Projects—Hydro CORPORATION MARKETING SERVICES, INC. V. CAH–1. CAC–8. COLUMBIA GULF TRANSMISSION DOCKET# UL96–1, 003, BLACKSTONE DOCKET# RM99–5, 002, REGULATIONS COMPANY MILL DEPOT STREET TRUST UNDER THE OUTER CONTINENTAL CAG–17. CAH–2. SHELF LANDS ACT GOVERNING THE DOCKET# RP96–129, 008, TRUNKLINE DOCKET# P–1980, 009, WISCONSIN MOVEMENT OF NATURAL GAS ON GAS COMPANY ELECTRIC POWER COMPANY FACILITIES ON THE OUTER CAG–18. CAH–3. CONTINENTAL SHELF DOCKET# RP97–369, 014, PUBLIC DOCKET# P–2074, 007, WISCONSIN Energy Projects—Hydro Agenda SERVICE COMPANY OF COLORADO ELECTRIC POWER COMPANY AND CHEYENNE LIGHT, FUEL AND CAH–4. H–1. POWER COMPANY DOCKET# P–2073, 008, WISCONSIN RESERVED OTHER#S GP97–3, 004, AMOCO ELECTRIC POWER COMPANY Energy Projects—Certificates Agenda PRODUCTION COMPANY, ANADARKO CAH–5. PETROLEUM CORPORATION, MOBIL DOCKET# P–1759, 036, WISCONSIN C–1. OIL CORPORATION, OXY USA, INC. ELECTRIC POWER COMPANY RESERVED AND UNION PACIFIC RESOURCES OTHER#S P–1980, 009, WISCONSIN Markets, Tariffs and Rates—Electric Agenda COMPANY ELECTRIC POWER COMPANY GP97–4, 004, KANSAS SMALL P–2072, 008, WISCONSIN ELECTRIC E–1. PRODUCER GROUP POWER COMPANY OMITTED GP97–5, 004, MESA OPERATING P–2073, 008, WISCONSIN ELECTRIC E–2. COMPANY POWER COMPANY DOCKET# EL00–95, 000, SAN DIEGO GAS CAG–19. P–2074, 007, WISCONSIN ELECTRIC & ELECTRIC COMPANY V. SELLERS OF OMITTED POWER COMPANY ENERGY AND ANCILLARY SERVICES CAG–20. P–2131, 020, WISCONSIN ELECTRIC INTO MARKETS OPERATED BY THE DOCKET# RM00–6, 001 WELL POWER COMPANY CALIFORNIA INDEPENDENT SYSTEM CATEGORY DETERMINATIONS P–2471, 005, WISCONSIN ELECTRIC OPERATOR AND THE CALIFORNIA CAG–21. POWER COMPANY POWER EXCHANGE OMITTED P–11831, 000, WISCONSIN ELECTRIC OTHER#S EL00–95, 002, SAN DIEGO GAS CAG–22. POWER COMPANY & ELECTRIC COMPANY V. SELLERS OF DOCKET# RP98–52, 039, WILLIAMS GAS P–11830, 000, WISCONSIN ELECTRIC ENERGY AND ANCILLARY SERVICES PIPLINES CENTRAL, INC. POWER COMPANY INTO MARKETS OPERATED BY THE CAG–23. CAH–6. CALIFORNIA INDEPENDENT SYSTEM DOCKET# MG00–6, 002, DOMINION DOCKET# P–2131, 020, WISCONSIN OPERATOR AND THE CALIFORNIA RESOURCES, INC., CONSOLIDATED ELECTRIC POWER COMPANY POWER EXCHANGE NATURAL GAS COMPANY AND CAH–7. EL00–95, 003, SAN DIEGO GAS & DOMINION TRANSMISSION INC. DOCKET# P–11830, 000, WISCONSIN ELECTRIC COMPANY V. SELLERS OF OTHER#S EC99–81, 003, DOMINION ELECTRIC POWER COMPANY ENERGY AND ANCILLARY SERVICES RESOURCES, INC., CONSOLIDATED CAH–8. INTO MARKETS OPERATED BY THE NATURAL GAS COMPANY AND DOCKET# P–11831, 000, WISCONSIN CALIFORNIA INDEPENDENT SYSTEM DOMINION TRANSMISSION INC. ELECTRIC POWER COMPANY OPERATOR AND THE CALIFORNIA EC99–81, 004, DOMINION RESOURCES, CAH–9. POWER EXCHANGE INC., CONSOLIDATED NATURAL GAS DOCKET# P–2471, 005, WISCONSIN EL00–98, 000, INVESTIGATION OF COMPANY AND DOMINION ELECTRIC POWER COMPANY PRACTICES OF THE CALIFORNIA TRANSMISSION INC. CAH–10. INDEPENDENT SYSTEM OPERATOR MG00–6, 003, DOMINION RESOURCES, DOCKET# P–2072, 008, WISCONSIN AND THE CALIFORNIA POWER INC., CONSOLIDATED NATURAL GAS ELECTRIC POWER COMPANY EXCHANGE EL00–98, 002, COMPANY AND DOMINION INVESTIGATION OF PRACTICES OF TRANSMISSION INC. Consent Agenda—Energy Projects— THE CALIFORNIA INDEPENDENT MG00–6, 004, DOMINION RESOURCES, Certificates SYSTEM OPERATOR AND THE INC., CONSOLIDATED NATURAL GAS CAC–1. CALIFORNIA POWER EXCHANGE
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EL00–98, 003, INVESTIGATION OF DEPARTMENT OF ENERGY transmission service on the CAP 115- PRACTICES OF THE CALIFORNIA kV/230-kV transmission system are INDEPENDENT SYSTEM OPERATOR Western Area Power Administration determined by combining the average AND THE CALIFORNIA POWER annual amortization costs with the EXCHANGE Formula Rates for the Central Arizona average annual operations and EL00–107, 000 PUBLIC MEETING IN SAN Project 115-kV/230-kV Transmission maintenance costs, and dividing them DIEGO, CALIFORNIA EL00–97, 000 SystemÐRate Order No. WAPA±88 by the average annual contract rate of RELIANT ENERGY POWER AGENCY: Western Area Power delivery for the cost evaluation period GENERATION, INC., DYNEGY POWER Administration, DOE. FY 2001–FY 2005. Implementing the MARKETING, INC. AND SOUTHERN ACTION: Notice of rate order. proposed Formula Rates results in a ENERGY CALIFORNIA, L.L.C. V. firm point-to-point CAP 115-kV/230-kV CALIFORNIA INDEPENDENT SYSTEM SUMMARY: Notice is given of the transmission system rate of $9.83 per OPERATOR CORPORATION confirmation and approval by the kilowattyear and a nonfirm point-to- EL00–104, 000, CALIFORNIA Deputy Secretary of the Department of point CAP 115-kV/230-kV transmission ELECTRICTY OVERSIGHT BOARD V. Energy (DOE) of Rate Order No. WAPA– system rate of 1.12 mills/kWh. ALL SELLERS OF ENERGY AND 88 and Rate Schedules CAP–FT1, CAP– NITS allows a transmission customer ANCILLARY SERVICES INTO THE NFT1, and CAP–NITS1 placing Formula to integrate, plan, economically ENERGY AND ANCILLARY SERVICES Rates for firm point-to-point dispatch, and regulate its network MARKETS OPERATED BY THE transmission service, nonfirm point-to- resources to serve its native load in a CALIFORNIA INDEPENDENT SYSTEM point transmission service, and Network way comparable to that used by the OPERATOR AND THE CALIFORNIA Integration Transmission Service (NITS) transmission provider to service its POWER EXCHANGE on the Central Arizona Project (CAP) native load customers. The monthly EL01–1, 000, CALIFORNIA MUNICIPAL 115-kV/230-kV transmission system of charge methodology for NITS on the UTILITIES ASSOCIATION V. ALL the Western Area Power Administration CAP 115-kV/230-kV transmission JURISDICTIONAL SELLERS OF (Western) into effect on an interim basis. system is the product of the ENERGY AND ANCILLARY SERVICES The Formula Rates will remain in effect transmission customer’s load-ratio share INTO MARKETS OPERATED BY THE on an interim basis until the Federal times one-twelfth of the annual CALIFORNIA INDEPENDENT SYSTEM Energy Regulatory Commission (FERC) transmission revenue requirement. The OPERATOR AND THE CALIFORNIA confirms, approves, and places them customer’s load-ratio share is calculated POWER EXCHANGE into effect on a final basis or until they on a rolling 12-month basis (12CP). The EL01–2, 000, CALIFORNIANS FOR are replaced by other rates. The Formula customer’s load-ratio share is equal to RENEWABLE ENERGY, INC. V. Rates will provide sufficient revenue to that customers’ hourly load coincident INDEPENDENT ENERGY PRODUCERS, pay all annual costs, including interest with the CAP 115-kV/230-kV INC., AND ALL SELLERS OF ENERGY expense, and repayment of required transmission system monthly AND ANCILLARY SERVICES INTO investment within the allowable period. transmission system peak divided by MARKETS OPERATED BY THE DATES: The Formula Rates will be the resultant value of the CAP 115-kV/ CALIFORNIA INDEPENDENT SYSTEM 230-kV transmission system’s monthly OPERATOR AND THE CALIFORNIA placed into effect on an interim basis on January 1, 2001, and will be in effect transmission system peak minus the POWER EXCHANGE; ALL CAP 115-kV/230-kV transmission SCHEDULING COORDINATORS until FERC confirms, approves, and places the Formula Rates in effect on a system’s coincident peak for all firm ACTING ON BEHALF OF THE ABOVE point-to-point transmission service plus SELLERS; CALIFORNIA INDEPENDENT final basis for a 5-year period ending December 31, 2005, or until superseded. the CAP 115-kV/230-kV transmission SYSTEM OPERATOR CORPORATION; system’s firm point-to-point FOR FURTHER INFORMATION CONTACT: Mr. AND CALIFORNIA POWER EXCHANGE transmission service reservations. Maher Nasir, Rates Team Lead, Desert CORPORATION The Formula Rates for transmission EL01–10, 000, PUGET SOUND ENERGY, Southwest Customer Service Region, service on the CAP 115-kV/230-kV INC. V. ALL JURISDICTIONAL SELLERS Western Area Power Administration, transmission system are being OF ENERGY AND/OR CAPACITY AT P.O. Box 6457, Phoenix, AZ 85005– developed pursuant to the Department WHOLESALE INTO ELECTRIC ENERGY 6457, telephone (602) 352–2768, or by e- of Energy Organization Act (42 U.S.C. AND/OR CAPACITY MARKETS IN THE mail: [email protected]. 7101–7352), through which the power PACIFIC NORTHWEST, INCLUDING SUPPLEMENTARY INFORMATION: The CAP marketing functions of the Secretary of PARTIES TO THE WESTERN SYSTEMS 115-kV/230–kV transmission system has the Interior and the Bureau of POWER POOL AGREEMENT been used primarily to provide power to Reclamation under the Reclamation Act Order on wholesale electric markets. this the CAP water pumps. The planned of 1902 (ch. 1093, 32 Stat. 388), as order may be considered at the December 13, construction of a number of amended and supplemented by 2000 meeting or, subject to further notice, at independent powerplants in Arizona subsequent enactments, particularly another date later this month. and Nevada creates a potential demand section 9(c) of the Reclamation Project Markets, Tariffs and Rates—Gas Agenda for use of surplus transmission capacity Act of 1939 (43 U.S.C. 485h(c)), and on the CAP 115-kV/230-kV transmission other acts specifically applicable to the G–1. system. project involved, were transferred to RESERVED The proposed Formula Rates for and vested in the Secretary of Energy. David P. Boergers point-to-point transmission service and By Amendment No. 3 to Delegation Secretary. NITS on the CAP 115-kV/230-kV Order No. 0204–108, published [FR Doc. 00–31533 Filed 12–7–00; 10:47 am] transmission system are based on a November 10, 1993 (58 FR 59716), the revenue requirement that recovers costs Secretary of Energy delegated (1) the BILLING CODE 6717±01±U for facilities associated with providing authority to develop long-term power transmission service and the non- and transmission rates on a facilities costs allocated to transmission nonexclusive basis to Western’s service. The rates for point-to-point Administrator; and (2) the authority to
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Notice was given that additional sound business principles, and have peak minus the CAP 115-kV/230-kV information would be provided at the been developed in accordance with transmission system coincident peak for public comment forum. An information administrative policies and applicable all firm point-to-point transmission handout was provided at the forum. laws. service plus the CAP 115-kV/230-kV 5. On July 17, 2000, beginning at 10 transmission system’s firm point-to- Discussion a.m., the public comment forum was point transmission service reservations. held at Western’s DSW office in The CAP 115-kV/230-kV transmission In order to ensure the collection of the Phoenix, Arizona. At the start of the system has been used primarily to transmission system’s annual revenue forum, Western gave the public an provide power to the CAP water pumps. requirement, the difference between the opportunity to comment for the record. The planned construction of a number first two components of the resultant Three customer representatives were of independent powerplants in Arizona value outlined above constitutes the present and declined to make oral and Nevada creates a potential demand network transmission systems’ monthly comments. for use of surplus transmission capacity peak and is anticipated to be metered. 6. Two comment letters were received on the CAP 115-kV/230-kV transmission Thus, a NITS customer, based on its 12- during the consultation and comment system. CP load, will pay its proportionate share period. The consultation and comment The proposed Formula Rates for of the revenue requirement for the period ended August 22, 2000. All point-to-point transmission service and month. Since point-to-point formally submitted comments have been NITS on the CAP 115-kV/230-kV transmission service customers are considered in the preparation of this transmission system are based on a charged on a reservation basis and not rate order. Revenue Requirement that recovers a usage basis, for the purpose of costs for facilities associated with Project Description determining the NITS charge, the providing transmission service and for transmission system’s monthly peak The CAP is one of three related water non-facilities allocated to transmission will coincide with the network development projects that make up the service. transmission system’s monthly peak. Colorado River Basin Project. The others Point-to-Point Transmission Service are the Dixie and the Upper Basin Ancillary Service projects. The CAP was developed for The rate for firm point-to-point The proposed revenue requirement Arizona and western New Mexico; the transmission service on the CAP 115- includes the costs for scheduling, Dixie Project for southeastern Utah; and kV/230-kV transmission system is system control, and dispatch service. the Upper Basin Project for Colorado determined by combining the annual The reactive supply and voltage control and New Mexico. amortization costs with the annual ancillary service must be purchased Congress authorized the project in operations and maintenance costs, and from the Western Area Lower Colorado 1968 to improve water resources in the dividing them by the annual average (WALC) control area. The transmission Colorado River Basin. Segments of the contract rate of delivery. The nonfirm customer may self-supply the four 1968 authorization allowed Federal rate is determined by converting the remaining ancillary services or request participation in the Navajo Generating firm annual rate into an hourly rate. them from WALC. These four ancillary Station, which has three coal-fired Implementing the proposed rate services are regulation and frequency steam electric generating units for a formulas results in a firm point-to-point response service, energy imbalance combined capacity of 2,250 MW. CAP 115-kV/230-kV transmission service, spinning reserve service, and Construction of the plant, located near system rate of $9.83 per kilowattyear supplemental reserve service. Lake Powell at Page, Ariz., began in and a nonfirm point-to-point CAP 115- 1970. Navajo began generating in 1976. kV/230-kV transmission system rate of Statement of Revenue and Related The Federal share of 24.3 percent, or 1.12 mills/kWh. Expenses 546,750 kW, is used to power the Network Integration Transmission The following table provides a pumps that move Colorado River water Service summary of revenues and expenses for through CAP canals. Surplus generation the 5-year provisional rate period. is currently marketed under the Navajo NITS allows a transmission customer Power Marketing Plan adopted on Dec. to integrate, plan, economically REVENUES AND EXPENSES 1, 1987. dispatch, and regulate its network resources to serve its native load in a [In thousands of dollars] Revenue Requirement way comparable to how a transmission Formula The Revenue Requirement will be provider uses its own transmission rates 1 calculated each fiscal year to determine system to service its native load if transmission revenues will be customers. The monthly charge Total Revenues ...... 34,429 sufficient to pay, within the prescribed methodology for NITS on the CAP 115- Revenue Distribution: time periods, all costs assigned to the kV/230-kV transmission system is the product of the transmission customer’s O&M ...... 6,763 CAP 115-kV/230-kV transmission Purchase Power ...... 0 system function. Repayment criteria is load-ratio share times one-twelfth of the Transmission ...... 0 based on law, policies, and authorizing annual transmission revenue Interest ...... 19,343 legislation, including DOE Order RA requirement. The customer’s load-ratio Other ...... 0 6120.2. share is calculated on a rolling 12- Investment Repayment ...... 8,323 month basis (12CP). The customer’s Capitalized Expenses ...... 0 Certification of Rate load-ratio share is equal to that Prior-Year Adjustment ...... 0 Western’s Administrator has certified customers’ hourly load coincident with 1 The revenues and expenses for the For- that the Formula Rates for transmission the CAP 115-kV/230-kV transmission mula Rates are for 5 years. service on the CAP 115-kV/230-kV system’s monthly transmission system transmission system, placed into effect peak divided by the resultant value of Basis for Rate Development on an interim basis herein, are the the CAP 115-kV/230-kV transmission This proposed rate adjustment is lowest possible rates consistent with system’s monthly transmission system needed to put into place, for the first
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Management Center, Western Area Regulatory Procedural Requirements ACTION: Notice. Power Administration, P.O. Box 11606, Regulatory Flexibility Analysis Salt Lake City, UT 84147–0606, SUMMARY: In compliance with the telephone (801) 524–6380, e-mail The Regulatory Flexibility Act of 1980 Paperwork Reduction Act (44 U.S.C. [email protected], or visit CRSP MC’s (5 U.S.C. 601, et seq.) requires Federal 3501 et seq.), this document announces home page at: www.wapa.gov/crsp/ agencies to perform a regulatory that EPA is planning to submit the crsp.htm. flexibility analysis if a final rule is likely following continuing Information to have a significant economic impact Collection Requests (ICR) to the Office Procedural Requirements on a substantial number of small entities of Management and Budget (OMB): and there is a legal requirement to issue Non-road Compression-ignition Engine Since the proposed rate formula adder a general notice of proposed and On-road Heavy Duty Engine constitutes a major rate adjustment as rulemaking. Western has determined Application for Emission Certification, defined at 10 CFR 903.2, both public that this action does not require a and Participation in the Averaging, information forums and public regulatory flexibility analysis since it is Banking, and Trading Program, EPA ICR comment forums have been held. a rulemaking of particular applicability Number 1851.03, OMB Control Number However, the consultation and comment involving rates or services applicable to 2060–0404, expiration date: 7/31/02, period has been shortened because of public property. renewal; Application for Engine the financial hardship faced by the Emission Certification and Averaging, CRSP Basin Fund. After reviewing Environmental Compliance Banking, and Trading for New Nonroad public comments, Western will In compliance with the National Spark-ignition (SI) Engines At or Below recommend that the proposed rate Environmental Policy Act of 1969 19 kilowatts, EPA Number 1695.06, formula adder or a revised proposed rate (NEPA) (42 U.S.C. 4321, et seq.); OMB Control Number 2060–0338, formula adder be approved on an Council on Environmental Quality expiring on 11/30/00, renewal. interim basis by the DOE Deputy Regulations (40 CFR parts 1500–1508); Before submitting the ICR to OMB for Secretary. and DOE NEPA Regulations (10 CFR review and approval, EPA is soliciting The proposed rate formula adder to part 1021), Western determined that this comments on specific aspects of the the SLCA/IP firm power rates is being action is categorically excluded from the proposed information collection as established pursuant to the Department preparation of an environmental described below. of Energy Organization Act, 42 U.S.C. assessment or an environmental impact DATES: Comments must be submitted on 7101–7352; the Reclamation Act of statement. or before February 9, 2001. 1902, ch. 1093, 32 Stat. 388, as amended Determination Under Executive Order ADDRESSES: Office of Transportation and and supplemented by subsequent 12866 Air Quality, Certification and enactments, particularly section 9(c) of Compliance Division, Engine Programs Western has an exemption from ´ the Reclamation Project Act of 1939, 43 Group, Ariel Rıos Building, 1200 centralized regulatory review under U.S.C. 485h(c); and other acts Pennsylvania Ave., NW., Mail Code Executive Order 12866; accordingly, no 6403J, Washington, DC 20460. specifically applicable to the projects clearance of this notice by the Office of involved. Interested persons may request a copy of Management and Budget is required. the ICRs without charge from the By Amendment No. 3 to Delegation contact person below. Order No. 0204–108, published Small Business Regulatory Enforcement FOR FURTHER INFORMATION CONTACT: November 10, 1993 (58 FR 59716), the Fairness Act Nydia Y. Reyes-Morales, tel.: (202) 564– Secretary of DOE delegated (1) the Western has determined that this rule 9264; fax: (202) 565–2057; e-mail: reyes- authority to develop long-term power is exempt from Congressional [email protected] and transmission rates on a notification requirements under 5 U.S.C. nonexclusive basis to the Administrator 801 because the action is a rulemaking SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially of Western; and (2) the authority to of particular applicability relating to affected by this action are those which confirm, approve, and place into effect rates or services and involves matters of manufacture nonroad compression- on a final basis, to remand, or to procedure. ignition engines or nonroad spark disapprove such rates to FERC. In Dated: November 27, 2000. ignition engines at or below 19 kW. Delegation Order No. 0204–172, Michael S. Hacskaylo, Title: Non-road Compression-ignition effective November 24, 1999, the Administrator. Engine and On-road Heavy Duty Engine Secretary of Energy delegated the [FR Doc. 00–31441 Filed 12–8–00; 8:45 am] Application for Emission Certification, authority to confirm, approve, and place BILLING CODE 6450±01±P and Participation in the Averaging, such rates into effect on an interim basis Banking, and Trading Program, EPA ICR to the Deputy Secretary. Existing DOE Number 1851.03, OMB Control Number procedures for public participation in ENVIRONMENTAL PROTECTION 2060–0404, expiration date: 7/31/2002. power rate adjustments are found at 10 AGENCY Although this ICR expires in 2002, we CFR part 903. are renewing it now to include the [FRL±6915±2] Availability of Information requirements of ICR No.1684.04, Agency Information Collection Amendment to the Information All studies, comments, letters, Activities: Proposed Collection; Collection Request Compression memorandums, or other documents Comment Request; Emission Ignition Non-Road Engine Certification made or kept by Western for developing Certification and Participation in AB&T Application (OMB No. 2060–0287), the proposed rates are and will be made for Nonroad CI Engines and Nonroad which expires on 11/30/00. Both ICRs available for inspection and copying at SI Engines at or Below 19 kW include burden associated with the the CRSP Management Center, located emission certification and AB&T at 150 East Social Hall Avenue, Suite AGENCY: Environmental Protection programs for non-road compression- 300, Salt Lake City, UT 84111–1534. Agency (EPA). ignition engines. However, ICR No. 1851
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TABLE I.ÐBURDEN STATEMENT
Estimated av- Number of erage burden respondents Cost per Capital and Operation/ Purchase of ICR hours/ Frequency (#engine response start up cost maintenance services cost response families) costs
Emission Certification: On-road HDE* ...... 327.0 1 20 (152) $23,304.00 0 $14,746.00 0 Non-road CI >50 Hp* ...... 199.7 1 46 (202) 13,127.50 0 9.00 0 Non-road CI >50 Hp ...... 400.0 1 23 (200) 20,000.00 9.00 AB&T: On-road HDE ...... 333 1 7 23,310.00 0 0 0 >50 Hp* ...... 460 1 5 32,169.00 0 0 0 <50 Hp ...... 460 1 0 32,169.00 0 0 0 SI Certification ...... 256 1 50 (220) 16,847.50 0 9.00 0 SI AB&T ...... 113 1 50 6,884.00 0 0 0 * Burden already approved by OMB.
Burden means the total time, effort, or maintaining information, and disclosing Dated: December 2, 2000. financial resources expended by persons and providing information; adjust the Robert Perciasepe, to generate, maintain, retain, or disclose existing ways to comply with any Assistant Administrator for Air and or provide information to or for a previously applicable instructions and Radiation. Federal agency. This includes the time requirements; train personnel to be able [FR Doc. 00–31482 Filed 12–8–00; 8:45 am] needed to review instructions; develop, to respond to a collection of BILLING CODE 6560±50±P acquire, install, and utilize technology information; search data sources; and systems for the purposes of complete and review the collection of collecting, validating, and verifying information; and transmit or otherwise information, processing and disclose the information.
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ENVIRONMENTAL PROTECTION including: Compliance assistance activities. This burden hour estimate AGENCY products; seminars/workshops; on-site translates to a cost of $1,610 per state or visits; telephone assistance/hotlines; local government who voluntarily [FRL±6914±2] and Internet Websites. In addition to completes the survey and a total cost of assessing customer satisfaction with Agency Information Collection $85,367. These costs were calculated EPA’s compliance assistance tools and Activities; Submission for OMB based on labor rates of $17.48 per hour activities, EPA is also interested in Review; Comment Request; Measuring plus 110% overhead for a total labor learning what actions were or will be Success of EPA Compliance rate of $36.71, plus $30.34 plus 110% taken by survey respondents to improve Assistance overhead for a supervisory rate of their compliance status and $63.71. The labor rates were obtained environmental performance, in whole or AGENCY: Environmental Protection from the United States of Commerce, in part, as a result of the compliance Agency (EPA). Bureau of Labor Statistics, March 1998, assistance provided by EPA. ACTION: Notice. Secondly, EPA proposes to seek Table 4: Employment Costs of State and Local Government. SUMMARY: In compliance with the information from state/local regulating Paperwork Reduction Act (44 U.S.C. agencies and committees regarding the Burden Statement: The average time 3501 et seq.), this notice announces that impact of EPA’s compliance assistance to complete the survey for participating the following Information Collection activities on the state of compliance. entities is 5–20 minutes and nearly 3 Request (ICR) has been forwarded to the The regulating agencies and state/local hours for state and local governments . Office of Management and Budget committees will be asked whether EPA’s Burden means the total time, effort, or (OMB) for approval: Measuring Success compliance assistance initiatives financial resources expended by persons of EPA Compliance Assistance ICR resulted in improved compliance. to generate, maintain, retain, or disclose number 1921.01. The ICR describes the An agency may not conduct or or provide information to or for a nature of the information collection, the sponsor, and a person is not required to Federal agency. This includes the time respond to, a collection of information expected burden and cost to collect the needed to review instructions; develop, unless it displays a currently valid OMB information, and the actual collection acquire, install, and utilize technology instruments. control number. The OMB control numbers for EPA’s regulations are listed and systems for the purposes of DATES: Comments must be submitted on in 40 CFR part 9 and 48 CFR Chapter collecting, validating, and verifying or before January 10, 2001. 15. The Federal Register document information, processing and maintaining information, and disclosing ADDRESSES: Send comments, referencing required under 5 CFR 1320.8(d), EPA ICR No. 1921.01 to the following soliciting comments on this collection and providing information; adjust the addresses: Sandy Farmer, U.S. of information was published on August existing ways to comply with any Environmental Protection Agency, 10, 1999 (64 FR 43380); no comments previously applicable instructions and Collection Strategies Division (Mail were received. requirements; train personnel to be able Code 2822), 1200 Pennsylvania Avenue, It is estimated that approximately to respond to a collection of NW., Washington, DC 20460; and to 317,920 entities may voluntarily information; search data sources; Office of Information and Regulatory complete and return a compliance complete and review the collection of Affairs, Office of Management and assistance activity or tool assessment information; and transmit or otherwise Budget (OMB), Attention: Desk Officer survey on an annual basis. EPA disclose the information. estimates that participating entities may for EPA, 725 17th Street, NW., Respondents/Affected Entities: state/ Washington, DC 20503. need to spend between five to twenty minutes to complete either the complete local agencies and participating entities FOR FURTHER INFORMATION CONTACT: For compliance assistance product, that have used EPA compliance tools. a copy of the ICR contact Sandy Farmer seminar/workshop; on-site visit; Estimated Number of Respondents: at EPA by phone at (202) 260–2740, by telephone assistance/hotline; or internet 317,920. email at [email protected], or website assessment survey. Therefore, a Frequency of Response: one time. download off the Internet at http:// total of 28,374 person hours annually www.epa.gov/icr and refer to EPA ICR may be expended to provide EPA with Estimated Total Annual Hour Burden: No. 1921.01. For technical questions data to evaluate the effectiveness of its 30,679 hours. about the ICR contact Tracy Back, Office compliance assistance tools and of Compliance, (202) 564–7076. Estimated Total Annualized Capital, activities. This burden hour estimate O&M Cost Burden: $0. SUPPLEMENTARY INFORMATION: translates to a cost of $6.24 per facility Title: Information Collection Request who voluntarily completes the survey Send comments on the Agency’s need for Compliance Assistance Tool and a total cost to industry of for this information, the accuracy of the Evaluation Surveys, EPA ICR Number $1,966,295. The costs were calculated provided burden estimates, and any 1921.01. This is a new collection. based on $33.00 per hour plus a 110 suggested methods for minimizing Abstract: This will be a voluntary overhead for a total labor cost of $69.30. respondent burden, including through collection of information to gather In addition, EPA estimates that the use of automated collection customer satisfaction and behavioral participating state and local techniques to the addresses listed above. change feedback on EPA compliance governments may need to spend two Please refer to EPA ICR No. 1921.01 in assistance, as well as data on the hours and 55 minutes to complete the any correspondence. resulting impact on compliance. ‘‘impact of compliance activities’’ Dated: November 28, 2000. There are two components to this survey instrument. Therefore, a total of voluntary collection of information. 2,306 person hours within the regulated Oscar Morales, First, EPA proposes to obtain customer community may be expended annually Director, Collection Strategies Division. feedback on a variety of compliance to provide EPA with data to evaluate the [FR Doc. 00–31467 Filed 12–8–00; 8:45 am] assistance tools and activities, impact of its compliance assistance BILLING CODE 6560±50±U
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ENVIRONMENTAL PROTECTION 12th Floor, 61 Forsyth Street, SW, for State and local air agency operating AGENCY Atlanta, Georgia 30303 for Alabama; permits programs. We promulgated Huntsville, Alabama; Jefferson County, these regulations on July 21, 1992 (57 [FRL±6915±1] Alabama; Florida; Georgia; Kentucky; FR 32250), in part 70 of title 40, chapter Operating Permits Program; Notice of Louisville-Jefferson County, Kentucky; I, of the Code of Federal Regulations. Comment Period on Program Mississippi; North Carolina; Forsyth Section 502(d) of the Act requires each Deficiencies County, North Carolina; Western North State to develop and submit to EPA an Carolina; Mecklenburg County, North operating permits program meeting the AGENCY: Environmental Protection Carolina; South Carolina; Tennessee; requirements of the part 70 regulations Agency (EPA). Nashville-Davidson County, Tennessee; and requires us to approve or ACTION: Notice of comment period. Hamilton County, Tennessee; Knox disapprove the submitted program. In County, Tennessee; and Memphis- some cases, States have delegated SUMMARY: The EPA is announcing a 90- Shelby County, Tennessee. authority to local county or city air day comment period for members of the Region V: Bharat Mathur, Director, agencies to administer operating permits public to identify deficiencies they Air and Radiation Division, EPA Region programs in their jurisdictions. These perceive exist in State and local agency V (5A–18J), 77 W. Jackson Boulevard, operating permits programs must meet operating permits programs required by Chicago, Illinois 60604 for Illinois, the same requirements as the State title V of the Clean Air Act (Act). The Indiana, Michigan, Minnesota, Ohio, programs. For 99 operating permits deficiencies the public claims exist can and Wisconsin. programs, we granted ‘‘interim’’ rather be either deficiencies in the substance of Region VI: Carl Edlund, Director, than full approval because the programs the approved program or deficiencies in Multimedia Planning and Permitting substantially met, but did not fully how a permitting authority is Division, EPA Region VI (6T), 1445 Ross meet, the provisions of part 70. For implementing its program. The Agency Avenue Dallas, Texas 75202–2733 for interim approved programs, we will consider information received from Arkansas; Louisiana; New Mexico; identified in the notice of interim the public and determine whether it Albuquerque, New Mexico; Oklahoma; approval those program deficiencies agrees or disagrees with the purported and Texas. that will have to be corrected before we deficiencies and will then publish Region VII: William A. Spratlin, will grant the program full approval. notices of those findings. Where the Director, Air, RCRA, and Toxics Some of those 99 programs have since Agency agrees there is a deficiency, it Division, EPA Region VII, 901 N. 5th been granted full approval and the will publish a notice of deficiency and Street, Kansas City, Kansas 66101–2907 remainder still have interim approval establish a timeframe for the permitting for Iowa; Kansas; Missouri; Nebraska; status. authority to take action to correct the Lincoln-Lancaster County, Nebraska; After a State or local permitting deficiency. and Omaha-Douglas County, Nebraska. program is granted full or interim approval, EPA has oversight of the DATES: Region VIII: Richard R. Long, Director, Comments identifying possible program to insure that the program is deficiencies in State and local operating Air and Radiation Program, EPA Region VIII (8P–AR), 999 18th Street, Suite 500, implemented correctly and is not permits programs must be received by changed in an unacceptable manner. March 12, 2001. Denver, Colorado 80202–2466 for Colorado; Montana; North Dakota; Section 70.4(i) of the part 70 regulations ADDRESSES: Comments on possible South Dakota; Utah; and Wyoming. requires permitting authorities to keep operating permits program or Region IX: Amy Zimpfer, Acting us apprised of any proposed program implementation deficiencies must be Director, Air Division EPA Region IX modifications and also to submit any mailed to the appropriate EPA Regional (A–1), 75 Hawthorne Street, San program modifications to us for Office. Addresses for the EPA Regional Francisco, California 94105 for Arizona; approval. Section 70.10(b) requires any Offices to which comments should be Maricopa County, Arizona; Pima approved operating permits program to sent and the permitting agencies County, Arizona; Pinal County, Arizona; be implemented ‘‘ * * * in accordance covered by each Region are as follows: all 34 local districts in California; with the requirements of this part and Region I: Susan E. T. Studlien, Deputy Nevada; Washoe County, Nevada; Clark of any agreement between the State and Director, Office of Ecosystem Protection, County Nevada; and Hawaii. the Administrator concerning operation EPA Region I (WAA), #1 Congress Region X: Barbara McAllister, of the program.’’ That section goes on to Street, Box 1100, Boston, Massachusetts Director, Office of Air EPA Region X specify actions, as described more fully 92114 for Connecticut, Maine, (AT–081), 1200 Sixth Avenue, Seattle, below, we will take if the permitting Massachusetts, New Hampshire, Rhode Washington 98101 for Alaska; Idaho; authority does not adequately Island, and Vermont. Oregon; Lane Regional, Oregon; implement the program. Region II: Kathleen C. Callahan, Washington; and all seven local Director, Division of Environmental Discussion of Action agencies in Washington. Planning and Protection, EPA Region II, On May 22, 2000, EPA issued a final 290 Broadway, New York, New York FOR FURTHER INFORMATION CONTACT: action in the Federal Register extending 10007–1866 for New Jersey, New York, Roger Powell (telephone 919–541– the interim approval period for 86 Puerto Rico, and Virgin Islands. 5331), Mail Drop 12, EPA, Information operating permits programs until Region III: Judith M. Katz, Director, Transfer and Program Integration December 1, 2001. The Sierra Club and Air Protection Division, EPA Region III Division, Research Triangle Park, North New York Public Interest Research (3AP00), 1650 Arch Street, Carolina, 27711. Internet address is: Group (NYPIRG) challenged our final Philadelphia, Pennsylvania 19103–2029 [email protected]. action in the Court of Appeals for the for Delaware, District of Columbia, SUPPLEMENTARY INFORMATION: District of Columbia Circuit. In the Maryland, Pennsylvania, Virginia, and context of discussing settlement of that West Virginia. Background litigation, Sierra Club and NYPIRG Region IV: Winston A. Smith, Pursuant to section 502(b) of the Act, raised concerns that many programs Director, Air, Pesticides, and Toxics EPA has promulgated regulations with interim approval, as well as those Management Division, EPA Region IV, establishing the minimum requirements with full approval, have program and or
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Documents.’’ You can also go directly to computer disk to the address identified 7. Make sure to submit your the Federal Register listings at http:// in this unit. Do not submit any comments by the deadline in this www.epa.gov/fedrgstr/. information electronically that you document. 2. In person. The Agency has consider to be CBI. Electronic comments 8. To ensure proper receipt by EPA, established an official record for this must be submitted as an ASCII file be sure to identify the docket control action under docket control number avoiding the use of special characters number assigned to this action in the OPPTS–51958. The official record and any form of encryption. Comments subject line on the first page of your consists of the documents specifically and data will also be accepted on response. You may also provide the referenced in this action, any public standard disks in WordPerfect 6.1/8.0 or name, date, and Federal Register comments received during an applicable ASCII file format. All comments in citation. comment period, any test data electronic form must be identified by submitted by the manufacturer/importer docket control number OPPTS–51958 II. Why is EPA Taking this Action? and other information related to this and the specific PMN number. Section 5 of TSCA requires any action, including any information Electronic comments may also be filed person who intends to manufacture claimed as confidential business online at many Federal Depository (defined by statute to include import) a information (CBI). This official record Libraries. new chemical (i.e., a chemical not on includes the documents that are the TSCA Inventory to notify EPA and physically located in the docket, as well D. How Should I Handle CBI that I Want comply with the statutory provisions as the documents that are referenced in to Submit to the Agency? pertaining to the manufacture of new those documents. The public version of Do not submit any information chemicals. Under sections 5(d)(2) and the official record does not include any electronically that you consider to be 5(d)(3) of TSCA, EPA is required to information claimed as CBI. The public CBI. You may claim information that publish a notice of receipt of a PMN or version of the official record, which you submit to EPA in response to this an application for a TME and to publish includes printed, paper versions of any document as CBI by marking any part or periodic status reports on the chemicals electronic comments submitted during all of that information as CBI. under review and the receipt of notices an applicable comment period, is Information so marked will not be of commencement to manufacture those available for inspection in the TSCA disclosed except in accordance with chemicals. This status report, which Nonconfidential Information Center, procedures set forth in 40 CFR part 2. covers the period from October 23, 2000 North East Mall Rm. B–607, Waterside In addition to one complete version of to October 27, 2000, consists of the Mall, 401 M St., SW., Washington, DC. the comment that includes any PMNs pending or expired, and the The Center is open from noon to 4 p.m., information claimed as CBI, a copy of notices of commencement to Monday through Friday, excluding legal the comment that does not contain the manufacture a new chemical that the holidays. The telephone number of the information claimed as CBI must be Agency has received under TSCA Center is (202) 260–7099. submitted for inclusion in the public section 5 during this time period. version of the official record. C. How and to Whom Do I Submit Information not marked confidential III. Receipt and Status Report for PMNs Comments? will be included in the public version You may submit comments through of the official record without prior This status report identifies the PMNs the mail, in person, or electronically. To notice. If you have any questions about and TMEs, both pending or expired, and ensure proper receipt by EPA, it is CBI or the procedures for claiming CBI, the notices of commencement to imperative that you identify docket please consult the person listed under manufacture a new chemical that the Agency has received under TSCA control number OPPTS–51958 and the FOR FURTHER INFORMATION CONTACT.’’ specific PMN number in the subject line section 5 during this time period. If you on the first page of your response. E. What Should I Consider as I Prepare are interested in information that is not 1. By mail. Submit your comments to: My Comments for EPA? included in the following tables, you Document Control Office (7407), Office You may find the following may contact EPA as described in Unit II. of Pollution Prevention and Toxics suggestions helpful for preparing your to access additional non-CBI (OPPT), Environmental Protection comments: information that may be available. The Agency, 1200 Pennsylvania Ave., NW., 1. Explain your views as clearly as ‘‘S’’ and ‘‘G’’ that precede the chemical Washington, DC 20460. possible. names denote whether the chemical 2. In person or by courier. Deliver 2. Describe any assumptions that you idenity is specific or generic. your comments to: OPPT Document used. In table I, EPA provides the following Control Office (DCO) in East Tower Rm. 3. Provide copies of any technical information (to the extent that such G–099, Waterside Mall, 401 M St., SW., information and/or data you used that information is not claimed as CBI) on Washington, DC. The DCO is open from support your views. the PMNs received by EPA during this 8 a.m. to 4 p.m., Monday through 4. If you estimate potential burden or period: the EPA case number assigned Friday, excluding legal holidays. The costs, explain how you arrived at the to the PMN; the date the PMN was telephone number for the DCO is (202) estimate that you provide. received by EPA; the projected end date 260–7093. 5. Provide specific examples to for EPA’s review of the PMN; the 3. Electronically. You may submit illustrate your concerns. submitting manufacturer; the potential your comments electronically by e-mail 6. Offer alternative ways to improve uses identified by the manufacturer in to: ‘‘[email protected],’’ or mail your the notice or collection activity. the PMN; and the chemical identity.
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TABLE I. 18 PREMANUFACTURE NOTICES RECEIVED FROM: 10/23/00 TO 10/27/00
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P±01±0060 10/23/00 01/21/01 CBI (G) Intermediate (G) Alkyl phosphate P±01±0061 10/23/00 01/21/01 Vantico Inc. (S) Hardener for waterborne (G) Reaction products of poly- anticorrosive coatings;hardener for propylene glycol diamine with an waterborne epoxy cement for civil epoxide engineering applic. P±01±0062 10/23/00 01/21/01 CBI (S) Specialty polymer (G) Substituted bicyclic olefin P±01±0063 10/23/00 01/21/01 CBI (S) Specialty polymer (G) Substituted bicyclic olefin P±01±0064 10/24/00 01/22/01 Samsung Information (G) Compound in color dispersion (G) Acrylate copolymer Systems America P±01±0065 10/23/00 01/21/01 CBI (G) Processing aid (G) Alkyl phosphate derivative P±01±0066 10/24/00 01/22/01 Vantico Inc. (S) Hardener for waterborne anti-cor- (G) Propanenitrile, 3-{[6-amino- rosive coatings;hardener for water- 2,2,4(or 2,4,4)- borne epoxy cement for civil engi- trimethylhexyl]amino}-, polymers neering applic. with 5-amino-1,3,3- trimethylcyclohexanemethanamine, bisphenol a, bisphenol a- epichlorohydrin polymer-2,2,4(or 2,4,4)-trimethyl-1,6-hexanediamine reaction products, with glycidyl o- tolyl ether and an epoxide P±01±0067 10/24/00 01/22/01 BASF Corporation (G) Internal press release (G) Substituted polyether poly- urethane P±01±0068 10/24/00 01/22/01 CBI (G) Processing agent (S) Fatty acids, C16±18, esters with pentaerythritol P±01±0069 10/23/00 01/21/01 Bridgestone/Firestone, (G) Pigment for rubber compound (G) Substitute naphtalene derivatives Inc. P±01±0070 10/25/00 01/23/01 Kelmar Industries (S) Plastifier or softener for pur-fine (G) Polydimethylsiloxane with coating;paint additive for artificial aminoalkyl groups leather; softener or extender for fc- impregnation P±01±0071 10/26/00 01/24/01 CIBA Specialty Chemi- (S) Uv absorber for use in photo- (G) Substituted triazine cals Corporation graphic emulsions P±01±0072 10/27/00 01/25/01 BASF Corporation (G) Intermediate (G) Oxyalkylated isodecyl alcohol P±01±0073 10/27/00 01/25/01 BASF Corporation (G) Lubricant (G) Tall oil ester of oxyalkylated isodecyl alcohol P±01±0074 10/26/00 01/24/01 JSR Corporation (G) Coating agent (G) Modified styrene acrylate polymer P±01±0075 10/27/00 01/25/01 CIBA Specialty Chemi- (S) Interlayer scavenger for photo- (G) Substituted benzofuranone cals Corporation graphic chromogenic color paper P±01±0076 10/27/00 01/25/01 Eastman Chemical (S) Polyester for injection molding (G) Dimethyl terephthalate, polymer Company with cyclohexanedimethanol and disubstituted benzenedicarboxylic acid P±01±0077 10/27/00 01/25/01 Eastman Chemical (G) Raw material (G) Disubstituted benzenedicarboxylic Company acid
In table II, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received:
TABLE II. 15 NOTICES OF COMMENCEMENT FROM: 10/23/00 TO 10/27/00
Commencement/ Case No. Received Date Import Date Chemical
P±00±0395 10/23/00 10/03/00 (G) Urethane acrylate P±00±0471 10/24/00 10/17/00 (S) [1,1'-biphenyl]-2,2'-disulfonic acid, 4,4'-bis[[1-(3-aminophenyl)-4,5-dihydro-3- methyl-5-oxo-1h-pyrazol-4-yl]azo]-disodium salt, reaction products with2,2'- [1,2-ethanediylbis(oxymethylene)]bis[oxirane],2',4',5',7'tetrabromo-3',6'- dihydroxyspiro[isobenzofuran-1(3h),9'-[9h]xanthen]-3-one disodium salt and 2',4',5',7'-tetrabromo-4,5,6,7-tetrachloro-3',6'-dihydroxyspiro[isobenzofuran- 1(3h),9'-[9h]xanthen]-3-one disodium salt P±00±0555 10/24/00 09/21/00 (S) Neodecanoic acid, ethenyl ester, polymer with ethene and ethenyl acetate P±00±0708 10/23/00 10/18/00 (G) Chromate(2-), [3-[(4,5-dihydro-3-methyl-5-oxo-1-phenyl-1h-pyrazol-4-yl)azo]- 4-hydroxy-(substituted)][2-[[(2-substituted)]]-4-nitrophenolato(2-)-n2, o1, o2]-, disodium P±00±0738 10/24/00 10/16/00 (S) Formaldehyde, reaction products with 1,3-benzenedimethanamine and bisphenol a
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TABLE II. 15 NOTICES OF COMMENCEMENT FROM: 10/23/00 TO 10/27/00ÐContinued
Commencement/ Case No. Received Date Import Date Chemical
P±00±0794 10/23/00 10/06/00 (G) Chloroformate P±00±0810 10/27/00 10/01/00 (G) Heterocyclic alkyl alcohol P±00±0819 10/23/00 10/16/00 (S) 1,1-cyclopropanedicarboxylic acid, dimethyl ester P±00±0868 10/25/00 10/11/00 (G) Pyrazolotriazole derivative P±00±0920 10/24/00 10/17/00 (G) Methacrylate copolymer salt P±00±0975 10/26/00 10/16/00 (G) Polyester resin P±00±0976 10/26/00 10/23/00 (G) Polyester resin P±00±0991 10/24/00 10/16/00 (G) Formaldehyde, (chloromethyl)oxirane/phenol polymer, modified with organophsophorous derivative P±98±0948 10/24/00 10/18/00 (G) Polyester polyether urethane block copolymer P±99±0376 10/24/00 10/13/00 (G) Hydroxy alkyldiene
List of Subjects collection techniques or other forms of Commission requires tariff filings, Environmental protection, Chemicals, information technology. quarterly and annual data filings and Premanufacturer notices. DATES: Written comments should be cost support information to be reported submitted on or before January 10, 2001. under the Coalition for Affordable Local Dated: November 29, 2000. If you anticipate that you will be and Long Distance Service (CALLS) Deborah A. Williams, submitting comments, but find it proposal. Acting Director, Information Management difficult to do so within the period of The burden for this information Division, Office of Pollution Prevention and time allowed by this notice, you should collection has been reduced by 6,081 Toxics. advise the contact listed below as soon hours due the completion of the October [FR Doc. 00–31469 Filed 12–8–00; 8:45 am] as possible. 15, 2000 supplemental filing. As noted BILLING CODE 6560±50±S ADDRESSES: Direct all comments to Judy in our previous submission to the Office Boley, Federal Communications of Management and Budget (OMB), Commission, Room 1–C804, 445 12th carriers were required to make a one- time supplemental filing to update the FEDERAL COMMUNICATIONS Street, SW., DC 20554 or via the Internet state-approved unbundled network COMMISSION to [email protected]. element (UNE)-zones. FOR FURTHER INFORMATION CONTACT: For Notice of Public Information additional information or copies of the OMB Control No.: 3060–0943. Title: Section 54.809, Carrier Collection(s) being Reviewed by the information collection(s), contact Judy Certification. Federal Communications Commission Boley at 202–418–0214 or via the Form No.: N/A. Internet at [email protected]. December 5, 2000. Type of Review: Extension of a SUPPLEMENTARY INFORMATION: currently approved collection. SUMMARY: The Federal Communications OMB Control No.: 3060–0942. Respondents: Business or other for- Commission, as part of its continuing Title: Access Charge Reform, Price profit. effort to reduce paperwork burden Cap Performance Review for Local Number of Respondents: 27. invites the general public and other Exchange Carriers, Low-Volume Long Estimated Time Per Response: 1.5 Federal agencies to take this Distance Users, Federal-State Joint hours. opportunity to comment on the Board on Universal Service. Frequency of Response: Third party following information collection(s), as Form No.: N/A. disclosure requirement and annual required by the Paperwork Reduction Type of Review: Revision of a reporting requirement. Act of 1995, Public Law 104–13. An currently approved collection. Total Annual Burden: 41 hours. agency may not conduct or sponsor a Respondents: Business or other for- Total Annual Cost: N/A. collection of information unless it profit. Needs and Uses: Section 54.809, of displays a currently valid control Number of Respondents: 27 the Commission’s rules, requires each number. No person shall be subject to respondents; 108 responses. price cap or competitive LEC that any penalty for failing to comply with Estimated Time Per Response: 5 hours wishes to receive universal service a collection of information subject to the – 60 hours. support to file an annual certification Paperwork Reduction Act (PRA) that Frequency of Response: with the Universal Service does not display a valid control number. Recordkeeping requirement, third party Administrative Company (USAC) and Comments are requested concerning (a) disclosure requirement and quarterly the Commission. The certification must whether the proposed collection of and annual reporting requirements. state that the carrier will use its information is necessary for the proper Total Annual Burden: 6,677 hours. interstate access universal service performance of the functions of the Total Annual Cost: N/A. support only for the provision, Commission, including whether the Needs and Uses: The Commission maintenance, and upgrading of facilities information shall have practical utility; took action to further accelerate the and services for which the support is (b) the accuracy of the Commission’s development of competition in the local intended. burden estimate; (c) ways to enhance and long-distance telecommunications the quality, utility, and clarity of the markets, and to further establish explicit Federal Communications Commission. information collected; and (d) ways to universal service support that will be Magalie Roman Salas, minimize the burden of the collection of sustainable in an increasingly Secretary. information on the respondents, competitive marketplace, pursuant to [FR Doc. 00–31397 Filed 12–8–00; 8:45 am] including the use of automated the mandate of the 1996 Act. The BILLING CODE 6712±01±P
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FEDERAL COMMUNICATIONS communications industry. The purpose arrange for accommodations by COMMISSION of the forum is to present a series of contacting Brian Millin at (202) 418– studies that examine market entry 7426 (Voice), (202) 418–7365 (TTY), or Public Information Collection barriers, followed by a roundtable by sending an email to [email protected]. Approved by Office of Management designed to further explore and discuss Federal Communications Commission. and Budget the findings reached in the studies. Shirley Suggs, DATES: December 1, 2000. The meeting will be held on Chief, Publications Branch. Tuesday, December 12, 2000, from 9:30 The Federal Communications [FR Doc. 00–31366 Filed 12–8–00; 8:45 am] a.m. to 1 p.m. Commission (FCC) has received Office BILLING CODE 6712±01±P of Management and Budget (OMB) ADDRESSES: The meeting will be held in approval for the following public the FCC’s Commission Meeting Room, TW–C305, 445 12th Street, SW, information collections pursuant to the FEDERAL EMERGENCY Washington, DC. Paperwork Reduction Act of 1995, MANAGEMENT AGENCY Public Law 96–511. An agency may not FOR FURTHER INFORMATION CONTACT: conduct or sponsor a collection of Cornell William Brooks, Sharon [FEMA±1348±DR] information unless it displays a Bradford Franklin, or Steven C. Rangel, Office of General Counsel at (202) 418– Hawaii; Major Disaster and Related currently valid control number. Not Determinations withstanding any other provisions of 1700. Anthony Bush, Office of law, no person shall be subject to any Communications Business AGENCY: Federal Emergency penalty for failing to comply with a Opportunities at (202) 418–0990. Management Agency (FEMA). collection of information subject to the SUPPLEMENTARY INFORMATION: 1. The ACTION: Notice. Paperwork Reduction Act (PRA) that Federal Communications Commission does not display a valid control number. (‘‘FCC’’) Chairman William Kennard SUMMARY: This is a notice of the Questions concerning the OMB control and Commissioner Gloria Tristani will Presidential declaration of a major numbers and expiration dates should be host a policy forum on market entry disaster for the State of Hawaii (FEMA– directed to Judy Boley, Federal barriers faced by small, women- and 1348–DR), dated November 9, 2000, and Communications Commission, (202) minority-owned businesses in the related determinations. 418–0214. communications industry on Tuesday, EFFECTIVE DATE: November 9, 2000. December 12, 2000, from 9:30 a.m. to 1 FOR FURTHER INFORMATION CONTACT: Federal Communications Commission p.m. The Policy Forum will be held in Madge Dale, Response and Recovery OMB Control No.: 3060–0957. the FCC’s Commission Meeting Room, Directorate, Federal Emergency Expiration Date: 04/30/01 TW–C305, 445 12th Street, SW, Management Agency, Washington, DC Title: Wireless Entrance 911 Service, Washington, DC. 20472, (202) 646–3772. Fourth MO&O. 2. The purpose of the forum is to SUPPLEMENTARY INFORMATION: Notice is Form No.: N/A. present the findings of a series of hereby given that, in a letter dated Estimated Annual Burden: 7,500. studies which examine the extent, if November 9, 2000, the President Description: The Fourth any, to which small, women- and declared a major disaster under the Memorandum Opinion and Order is minority-owned firms in the authority of the Robert T. Stafford part of the Commission’s proceeding to communications industry experience Disaster Relief and Emergency establish a nationwide wireless market entry barriers. The studies were Assistance Act (42 U.S.C. 5121 et seq.), enhanced 911 emergency commenced pursuant to Section 257 of as follows: communications service. The burden the Telecommunications Act of 1996, 47 inherent in this decision involves U.S.C. 257, which requires that the FCC I have determined that the damage in guidelines for filing successful requests identify and eliminate market entry certain areas of the State of Hawaii, resulting from severe storms and flooding beginning for waiver of the E911 Phase II barriers for entrepreneurs and other on October 28, 2000 and continuing through regulation. small telecommunications businesses, November 2, 2000, is of sufficient severity Federal Communications Commission. and Section 309(j) of the Act, which and magnitude to warrant a major disaster Magalie Roman Salas, requires the FCC to further declaration under the Robert T. Stafford opportunities in the allocation of Disaster Relief and Emergency Assistance Secretary. spectrum-based services for small Act, 42 U.S.C. § 5121 et seq. (the Stafford [FR Doc. 00–31402 Filed 12–8–00; 8:45 am] businesses and businesses owned by Act), as amended by Pub. L. 106–390, BILLING CODE 6712±01±U women and minorities. October 30, 2000. I, therefore, declare that 3. The forum will begin with such a major disaster exists in the State of Hawaii. presentations by the experts who In order to provide Federal assistance, you FEDERAL COMMUNICATIONS conducted studies, and will be followed COMMISSION are hereby authorized to allocate from funds by a roundtable discussion with available for these purposes, such amounts as Policy Forum on Market Entry Barriers industry practitioners, civil rights you find necessary for Federal disaster experts, and the authors to further assistance and administrative expenses. AGENCY: Federal Communications explore and discuss the findings You are authorized to provide Individual Commission. reached in the reports. Assistance, Public Assistance, and Hazard Mitigation in the designated areas. Consistent ACTION: Notice of meeting. 4. The forum is open to the public, and seating will be available on a first with the requirement that Federal assistance be supplemental, any Federal funds provided SUMMARY: Chairman William E. Kennard come, first served basis. At the end of under the Stafford Act for Public Assistance and Commissioner Gloria Tristani of the the roundtable, we will provide the or Hazard Mitigation will be limited to 75 Federal Communications Commission audience with an opportunity for a short percent of the total eligible costs. will host a policy forum on market entry question-and-answer period. All Further, you are authorized to make barriers faced by small, women- and interested persons are invited to attend. changes to this declaration to the extent minority-owned businesses in the Individuals with disabilities may allowable under the Stafford Act.
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The time period prescribed for the I have determined that the damage in Counseling; 83.540, Disaster Legal Services implementation of section 310(a), Priority to certain areas of the State of Oklahoma, Program; 83.541, Disaster Unemployment Certain Applications for Public Facility and resulting from severe storms and flooding on Assistance (DUA); 83.542, Fire Suppression Public Housing Assistance, 42 U.S.C. 5153, October 21–29, 2000, is of sufficient severity Assistance; 83.543, Individual and Family shall be for a period not to exceed six months and magnitude to warrant a major disaster Grant (IFG) Program; 83.544, Public after the date of this declaration. declaration under the Robert T. Stafford Assistance Grants; 83.545, Disaster Housing Notice is hereby given that pursuant to the Disaster Relief and Emergency Assistance Program; 83.548, Hazard Mitigation Grant authority vested in the Director of the Federal Act, 42 USC 5121, et seq., as amended by the Program.) Emergency Management Agency under Disaster Mitigation Act of 2000, Pub. L. No. Executive Order 12148, I hereby appoint 106–390, 114 Stat. 1552 (2000), (Stafford James L. Witt, William L. Carwile III of the Federal Act). I, therefore, declare that such a major Director. Emergency Management Agency to act as the disaster exists in the State of Oklahoma. [FR Doc. 00–31373 Filed 12–8–00; 8:45 am] Federal Coordinating Officer for this declared In order to provide Federal assistance, you BILLING CODE 6718±02±P disaster. are hereby authorized to allocate from funds I do hereby determine the following area of available for these purposes, such amounts as the State of Hawaii to have been affected you find necessary for Federal disaster FEDERAL EMERGENCY adversely by this declared major disaster: assistance and administrative expenses. Hawaii County for Individual and Public You are authorized to provide Individual MANAGEMENT AGENCY Assistance. Assistance, Public Assistance, and Hazard All counties within the State of Hawaii are Mitigation in the designated areas. Consistent [FEMA±1349±DR] eligible to apply for assistance under the with the requirement that Federal assistance Hazard Mitigation Grant Program. be supplemental, any Federal funds provided Oklahoma; Amendment No. 1 to Notice under the Stafford Act for Public Assistance of a Major Disaster Declaration (The following Catalog of Federal Domestic or Hazard Mitigation will be limited to 75 Assistance Numbers (CFDA) are to be used percent of the total eligible costs. AGENCY: Federal Emergency for reporting and drawing funds: 83.537, Further, you are authorized to make Management Agency (FEMA). Community Disaster Loans; 83.538, Cora changes to this declaration to the extent Brown Fund Program; 83.539, Crisis allowable under the Stafford Act. ACTION: Notice. Counseling; 83.540, Disaster Legal Services The State Emergency Management Agency Program; 83.541, Disaster Unemployment (SEMA) will manage the Public Assistance SUMMARY: This notice amends the notice Assistance (DUA); 83.542, Fire Suppression operation, including project eligibility of a major disaster for the State of Assistance; 83.543, Individual and Family reviews, process control, and resource Oklahoma, (FEMA–1349–DR), dated Grant (IFG) Program; 83.544, Public allocation. FEMA will retain obligation November 27, 2000, and related Assistance Grants; 83.545, Disaster Housing authority, the final approval of determinations. Program; 83.548, Hazard Mitigation Grant environmental and historic preservation Program.) reviews, and will assist SEMA to the extent EFFECTIVE DATE: December 4, 2000. James L. Witt, that such assistance is necessary and is FOR FURTHER INFORMATION CONTACT: Director. specifically requested by SEMA. Madge Dale, Response and Recovery [FR Doc. 00–31372 Filed 12–8–00; 8:45 am] The time period prescribed for the Directorate, Federal Emergency BILLING CODE 6718±02±P implementation of section 310(a), Management Agency, Washington, DC Priority to Certain Applications for 20472, (202) 646–3772. Public Facility and Public Housing FEDERAL EMERGENCY Assistance, 42 U.S.C. 5153, shall be for SUPPLEMENTARY INFORMATION: The notice MANAGEMENT AGENCY a period not to exceed six months after of a major disaster for the State of Oklahoma is hereby amended to include [FEMA±1349±DR] the date of this declaration. Notice is hereby given that pursuant the following areas among those areas Oklahoma; Major Disaster and Related to the authority vested in the Director of determined to have been adversely Determinations the Federal Emergency Management affected by the catastrophe declared a Agency under Executive Order 12148, I major disaster by the President in his AGENCY: Federal Emergency hereby appoint Joe D. Bray of the declaration of November 27, 2000: Management Agency (FEMA). Federal Emergency Management Agency Carter, Comanche, and Tillman ACTION: Notice. to act as the Federal Coordinating Counties for Individual Assistance SUMMARY: This is a notice of the Officer for this declared disaster. (already designated for Public Presidential declaration of a major I do hereby determine the following Assistance). areas of the State of Oklahoma to have disaster for the State of Oklahoma (The following Catalog of Federal Domestic (FEMA–1349–DR), dated November 27, been affected adversely by this declared major disaster: Assistance Numbers (CFDA) are to be used 2000, and related determinations. for reporting and drawing funds: 83.537, Caddo and Grady Counties for EFFECTIVE DATE: Community Disaster Loans; 83.538, Cora November 27, 2000. Individual Assistance and Public FOR FURTHER INFORMATION CONTACT: Brown Fund Program; 83.539, Crisis Assistance. Counseling; 83.540, Disaster Legal Services Madge Dale, Response and Recovery Carter, Comanche, Cotton, Jefferson, Program; 83.541, Disaster Unemployment Directorate, Federal Emergency Kiowa, McClain and Tillman Counties Assistance (DUA); 83.542, Fire Suppression Management Agency, Washington, DC for Public Assistance. Assistance; 83.543, Individual and Family 20472, (202) 646–3772. All counties within the State of Grant (IFG) Program; 83.544, Public SUPPLEMENTARY INFORMATION: Notice is Oklahoma are eligible to apply for Assistance Grants; 83.545, Disaster Housing hereby given that, in a letter dated assistance under the Hazard Mitigation Program; 83.548, Hazard Mitigation Grant November 27, 2000, the President Grant Program. Program.) Lacy E. Suiter, declared a major disaster under the (The following Catalog of Federal Domestic authority of the Robert T. Stafford Assistance Numbers (CFDA) are to be used Executive Associate Director, Response and Disaster Relief and Emergency for reporting and drawing funds: 83.537, Recovery Directorate. Assistance Act (42 U.S.C. 5121 et seq.), Community Disaster Loans; 83.538, Cora [FR Doc. 00–31374 Filed 12–8–00; 8:45 am] as follows: Brown Fund Program; 83.539, Crisis BILLING CODE 6718±02±P
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES
Office of the Secretary Food and Drug Administration Food and Drug Administration Findings of Scientific Misconduct [Docket No. 00N±1467] [Docket No. 00N±1506] AGENCY: Office of the Secretary, HHS. Agency Information Collection Agency Information Collection Activities; Submission for OMB ACTION: Notice. Activities; Announcement of OMB Review; Comment Request; Shipment of a Blood Product Prior to Completion SUMMARY: Notice is hereby given that Approval; Guidance for Industry on of Testing for Hepatitis B Surface the Office of Research Integrity (ORI) How to Use E-Mail to Submit a Notice Antigen (HbsAg); and Shipment of and the Assistant Secretary for Health of Final Disposition of Animals Not Blood Products Known Reactive for have taken final action in the following Intended for Immediate Slaughter HBsAg case: AGENCY: Food and Drug Administration, Michael K. Hartzer, Ph.D., Oakland AGENCY: Food and Drug Administration, University: Based on the report of an HHS. HHS. investigation conducted by Oakland ACTION: Notice. ACTION: Notice. University and additional analysis conducted by ORI during its oversight SUMMARY: The Food and Drug SUMMARY: The Food and Drug review, PHS found that Dr. Hartzer, Administration (FDA) is announcing Administration (FDA) is announcing former Associate Professor of that a collection of information entitled that the proposed collection of information listed below has been Biomedical Sciences, Eye Institute, ‘‘Guidance for Industry on How to Use submitted to the Office of Management Oakland University, engaged in E-Mail to Submit a Notice of Final scientific misconduct by falsifying the and Budget (OMB) for review and Disposition of Animals Not Intended status of support materials in eight clearance under the Paperwork For Immediate Slaughter’’ has been National Eye Institute (NEI), National Reduction Act of 1995. approved by the Office of Management Institutes of Health (NIH), grant DATES: Submit written comments on the and Budget (OMB) under the Paperwork applications. collection of information by January 10, Reduction Act of 1995. Specifically, Dr. Hartzer falsified the 2001. status of 11 manuscripts in eight grant FOR FURTHER INFORMATION CONTACT: ADDRESSES: Submit written comments applications by listing them as Denver Presley, Office of Information on the collection of information to the ‘‘accepted’’ or ‘‘in press’’ when the Resources Management (HFA–250), Office of Information and Regulatory papers had either not been subsequently Food and Drug Administration, 5600 Affairs, OMB, New Executive Office published or had been rejected. The Fishers Lane, Rockville, MD 20857, Bldg., 725 17th St. NW., rm. 10235, repetition of these actions over several 301–827–1472. Washington, DC 20503, Attn: Wendy years indicates a pattern of knowingly Taylor, Desk Officer for FDA. SUPPLEMENTARY INFORMATION: In the misrepresenting the research record. FOR FURTHER INFORMATION CONTACT: Federal Register of September 21, 2000 Dr. Hartzer has accepted the PHS JonnaLynn P. Capezzuto, Office of (65 FR 57193), the agency announced finding and has entered into a Voluntary Information Resources Management that the proposed information collection Exclusion Agreement with PHS in (HFA–250), Food and Drug which he has voluntarily agreed for a had been submitted to OMB for review Administration, 5600 Fishers Lane, period of three (3) years, beginning on and clearance under 44 U.S.C. 3507. An Rockville, MD 20857, 301–827–4659. November 20, 2000: agency may not conduct or sponsor, and SUPPLEMENTARY INFORMATION: In a person is not required to respond to, (1) That he must submit with each compliance with 44 U.S.C. 3507, FDA PHS research application, continuing a collection of information unless it has submitted the following proposed application, or report a statement of displays a currently valid OMB control collection of information to OMB for certification, endorsed by an number. OMB has now approved the review and clearance. institutional official, that all information collection and has assigned manuscripts or publications are OMB control number 0910–0453. The Shipment of a Blood Product Prior to properly and accurately cited in the approval expires on November 30, 2003. Completion of Testing for Hepatitis B application; the institution must also A copy of the supporting statement for Surface Antigen (HBsAg)—(21 CFR submit a copy of the certification to ORI; this information collection is available 610.40(b)); and Shipment of Blood (2) To exclude himself from serving in on the Internet at http://www.fda.gov/ Products Known Reactive for HBsAg— any advisory capacity to PHS, including ohrms/dockets. (21 CFR 610.40(d)) (OMB Control but not limited to service on any PHS Number 0910–0168)—Extension Dated: December 5, 2000. advisory committee, board, and/or peer Under sections 351 and 361 of the review committee, or as a consultant. Margaret M. Dotzel, Public Health Service Act (42 U.S.C. 262 Associate Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: and 264), FDA prescribes standards Director, Division of Investigative [FR Doc. 00–31480 Filed 12–8–00; 8:45 am] designed to ensure the safety, purity, Oversight, Office of Research Integrity, BILLING CODE 4160±01±F potency, and effectiveness of biological 5515 Security Lane, Suite 700, products including blood and blood Rockville, MD 20852, (301) 443–5330. components and to prevent the transmission of communicable diseases. Chris Pascal, To accomplish this, FDA requires, Director, Office of Research Integrity. among other things, that each unit of [FR Doc. 00–31361 Filed 12–8–00; 8:45 am] Whole Blood or Source Plasma be tested BILLING CODE 4155±31±P by a licensed serologic test for hepatitis
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B surface antigen (HBsAg). Section including clinical chemistry control Leukocytes are preapproved under the 610.40(b)(4) (21 CFR 610.40(b)(4)) reagents. The reporting requirements product license applications and do not permits preapproved or emergency inform FDA of the shipment of require notification of shipment. shipments of blood products for further potentially infectious biological Currently, there have been no manufacturing before the test for HBsAg products that may be capable of respondents reporting emergency or is completed. To obtain approval for transmitting disease. FDA’s monitoring preapproved shipments (§ 610.40(b)). such shipments, the collection facility of such activity is essential should any However, FDA is listing one report per must submit a description of the control deviations occur that may require year for emergency or preapproved procedures to be used by the collection immediate corrective action to protect shipments to account for the possibility facility and manufacturer. Proper public safety. of future emergency shipments. The control procedures are essential to The respondents for this information estimated number of respondents and ensure the safe shipment, handling, and collection are the blood collection total annual responses under § 610.40(d) quarantine of untested or incompletely facilities that ship hepatitis B reactive are based on the annual average of tested blood products, communication products. Only a few firms are actually reports submitted to FDA in 1999. The of test results, and appropriate use or engaged in shipping hepatitis B reactive hours per response are based on past disposal of the blood products based on products and making the reports FDA experience. the test results. Section 610.40(d)(1)(v) required by § 610.40. Also, there are In the Federal Register of September and (d)(2)(iv) requires that a collection very few to no emergency shipments per 7, 2000 (65 FR 54282), the agency facility notify FDA of shipments of year related to further manufacturing requested comments on the proposed HBsAg reactive source blood, plasma, or and the only product currently shipped collection of information. No significant serum for manufacturing into hepatitis prior to completion of hepatitis B testing comments were received. B vaccine and licensed or unlicensed in is a licensed product, Source FDA estimates the burden of this vitro diagnostic biological products, Leukocytes. Shipments of Source collection of information as follows:
TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
Annual Fre- 21 CFR Section No. of quency per Total Annual Hours per Total Hours Respondents Response Responses Response
610.40(b) 2 1 1 0.5 0.5 11 610.40(d) 3 12 1.83 22 0.5 11.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 The notice involves a brief letter and an enclosure. The letter identifies who is making the shipment, to whom shipped, the nature of the emergency, the kind and quantity shipped, and date of shipment. The enclosure is a copy of the shippers written standard operating procedures for handling, labeling storage, and shipment of contaminated (contagious) product. The burden for development and maintenance of standard op- erating procedures is approved under OMB Control No. 0910±0116. 3 The notice of reactive product shipment is limited to information on: The identity of the kind and amount of source material shipped, the name and address of the consignee, the date of shipment, and the manner in which the source material is labeled.
FDA has calculated no additional DEPARTMENT OF HEALTH AND meetings are concerned with matters burden in this information collection HUMAN SERVICES exempt from mandatory disclosure in package for the labeling requirements in Title 5 U.S.C. 552b (6) and 5 U.S.C. § 610.40(d) because the information and Substance Abuse and Mental Health App.2, § 10(d). Services Administration (SAMHSA) statements on the label necessary for Committee Name: SAMHSA Special public disclosure and safety are Notice of Meetings Emphasis Panel I (SEP I). provided by FDA in these regulations. Meeting Date: December 11–15, 2000. Under 5 CFR 1320.3(c)(2), the public Pursuant to Public Law 92–463, Place: Bethesda Marriott, 5151 Pooks Hill disclosure of information originally notice is hereby given of the following Road, Bethesda, MD 20814. supplied by the Federal Government to meetings of SAMHSA Special Emphasis Closed: December 11, 2000 to the recipient for the purpose of Panels I in December 2000. Adjournment. disclosure to the public is not a A summary of the meetings and a Panel: Community Action Grants, PA 00– collection of information. roster of the members may be obtained 003 2 Committees. from: Ms. Coral Sweeney, Review Contact: Diane McMenamin, Director, Dated: December 5, 2000. Specialist, SAMHSA, Office of Policy Division of Extramural Activities, Policy and Margaret M. Dotzel, and Program Coordination, Division of Review, Parklawn Building, 5600 Fishers Associate Commissioner for Policy. Extramural Activities, Policy, and Lane, Room 1789, Rockville, Maryland [FR Doc. 00–31481 Filed 12–8–00; 8:45 am] Review, 5600 Fishers Lane, Room 17– 20857. BILLING CODE 4160±01±F 89, Rockville, Maryland 20857. This notice is being published less than 15 Telephone: 301–443–2998. days prior to the meeting due to the urgent Substantive program information may need to meet timing limitations imposed by be obtained from the individual named the review and funding cycle. as Contact for the meeting listed below. Dated: November 27, 2000. The meetings will include the review, Coral Sweeney, discussion and evaluation of individual grant applications. These discussions Review Specialist, Substance Abuse and could reveal personal information Mental Health Services Administration. concerning individuals associated with [FR Doc. 00–31409 Filed 12–8–00; 8:45 am] the applications. Accordingly, these BILLING CODE 4162±20±U
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DEPARTMENT OF THE INTERIOR Minerals, Division of Indian Affairs, The intervenors, the County of Office of the Solicitor, U.S. Department Bernalillo and the Sandia Mountain Consideration of the Accuracy of the of the Interior, 1849 C Street, NW., Coalition, appealed from the court’s Eastern Boundary of the Sandia Mailstop 6456, Washington, DC 20240. decision, and the United States also Pueblo Grant and Request for Telephone: 202–208–4361. filed a protective notice of appeal to the Additional Information U.S. Court of Appeals for the D.C. SUPPLEMENTARY INFORMATION: In 1983, Circuit. The D.C. Circuit granted the AGENCY: Office of the Solicitor, Interior. the Pueblo of Sandia petitioned the parties’ joint motion to hold the ACTION: Notice and request for further Department of the Interior for a proceedings in abeyance pending information. corrected survey designating the eastern settlement negotiations. The Pueblo, the boundary of its land grant as the ‘‘main SUMMARY: The U.S. Department of the federal agencies, the County of ridge’’ of the Sandia Mountains, located Interior announces that it will be Bernalillo, the Sandia Mountain northeast of Albuquerque, NM. The considering the accuracy of the eastern Coalition, the Sandia Peak Tram Pueblo claimed that an 1859 survey boundary of the Sandia Pueblo Grant to Company, and the City of Albuquerque determine whether to conduct a commissioned by the government then entered into negotiations with a resurvey of the boundary. The erroneously set the Pueblo’s eastern private mediator. The County, the Department received a request dated boundary at the base of the Sandia Coalition, and the City withdrew from November 21, 2000, from an attorney Mountains rather than along the mediation in August 1999. Nevertheless, representing the County of Bernalillo Mountain’s crest line, as allegedly set the continuing negotiations among the and the Sandia Mountain Coalition, for forth in the Pueblo’s 1748 Spanish land government, the Pueblo, and the Tram a resurvey to correct the eastern grant confirmed by the United States Company resulted in a settlement, boundary of the Sandia Pueblo Grant. Congress in 1858. In 1988 the which was submitted to the New Counsel for the County and the Department rejected the Pueblo’s claim, Mexico Congressional delegation. This Coalition suggests that his request be concluding that the original land survey settlement requires an Act of Congress combined with consideration of the accurately set the Pueblo’s eastern to become effective. The United States Pueblo of Sandia’s request for a boundary at the foothills of the then filed a motion to dismiss the resurvey, which is the subject of a Mountains. In the Solicitor’s Opinion on appeals, and the Court of Appeals remand from the U.S. District Court in the Pueblo of Sandia Boundary, 96 I.D. issued its decision granting the motion Pueblo of Sandia v. Babbitt as a result 331 (1988), then-Solicitor Tarr reasoned and dismissing the appeals on of a November 17, 2000, decision of the that the King of Spain, who originally November 17, 2000. See Pueblo of U.S. Court of Appeals for the D.C. granted the land to the Pueblo, intended Sandia v. Babbitt, 2000 U.S. App. LEXIS Circuit, dismissing the appeals from the to grant it a ‘‘formal’’ pueblo only, not 29339 (D.C. Cir.). July 18, 1998, ruling of the District the larger area claimed. A formal pueblo Part IV of the 1988 Tarr Opinion Court. The Department also has a letter consists of four square leagues of land, concluded that the Department had no and legal memorandum from an the area within the extension of one authority to correct the boundaries of attorney representing the Pueblo of league (2.6 miles) measured from the Indian reservations. On December 5, Sandia, dated November 30, 2000, center of the settlement to the north, 2000, the Solicitor issued an opinion requesting that the boundary be south, east and west. regarding the Secretary’s authority to corrected. correct the boundary between the San The Pueblo sued the Secretary of the Felipe Pueblo Grant and the El Ranchito The subject of the eastern boundary of Interior and the Secretary of the Pueblo of Sandia has been a matter Grant owned by the Pueblo of Santa Agriculture, seeking a judgment Ana, which overrules Part IV of the Tarr of concern and debate in the designating the main ridge of the Sandia Department of the Interior for many Opinion. The Department has made no Mountains as the Pueblo’s eastern new decision on the eastern boundary of years. In 1988, then-Solicitor Ralph Tarr boundary and directing the Secretary of issued an opinion rejecting the Pueblo’s the Sandia Pueblo Grant, but intends to the Interior to correct the 1859 survey. reconsider its earlier decision. petition for a resurvey. This decision The Secretary of Agriculture was was vacated by a decision of the U.S. Counsel for both the Pueblo and the included in the suit because the Pueblo County of Bernalillo and Sandia District Court in 1998. A substantial claims that the incorrect survey Mountain Coalition have since record has been accumulated over the boundary excludes approximately submitted requests to the Department, years in the consideration of the 10,000 acres of land which is asking that it correct the eastern boundary issue, but the Department is administered as part of the Cibola boundary of the Sandia Pueblo. It giving interested parties an opportunity National Forest and the Sandia continues to be the position of the to provide any further historical Mountain Wilderness. The District Pueblo that approximately 10,000 acres evidence or legal arguments that may be Court allowed the Sandia Mountain of National Forest was wrongfully pertinent to this matter. Coalition, a coalition of homeowners excluded from its Spanish Land Grant DATES: Interested parties may submit and others in the affected region, and lands. In his letter, counsel for the additional historical evidence or legal the County of Bernalillo to intervene in Pueblo asserts that when Congress analysis to the address below on or the case. See Pueblo of Sandia v. confirmed the Spanish Land Grant in before January 5, 2001. Babbitt, 1996 U.S. Dist. LEXIS 20619 1858, it did so in reliance on an 1856 ADDRESSES: Submit all information (D.D.C.). The court reviewed the Report of the Surveyor General requested in this notice to: Angela M. Department of Interior’s actions under identifying the eastern boundary of the Kelsey, Office of the Solicitor, U.S. the Administrative Procedure Act, and Sandia Pueblo Land Grant as ‘‘the main Department of the Interior, 1849 C on July 18, 1998, found them to be ridge called Sandia.’’ The letter from Street, NW., Mailstop 6456, arbitrary and capricious. The court counsel for the County and the Coalition Washington, DC 20240. vacated the Solicitor’s Opinion and attaches a report prepared for the U.S. FOR FURTHER INFORMATION CONTACT: remanded the case to the Department of Forest Service by Dr. Stanley M. Hordes, Suzanne R. Schaeffer, Assistant the Interior for action consistent with dated March 1, 1996, which, counsel Solicitor for Environment, Land & the court’s opinion. asserts, establishes that there were
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Bureau of Land Management (BLM) is and clarity of the information to be request for Office of Management and announcing its intention to request collected; and (d) ways to minimize the Budget approval. All comments will extension of an existing approval to burden of the collection of information also become a matter of public record. collect certain information from on those who are to respond, including Dated: December 5, 2000. applicants who wish to acquire a Land through the use of appropriate Michael Schwartz, Use Authorization (Form 2920–1) on automated, electronic, mechanical, or public lands under the Federal Land BLM Information Collection Clearance other technological collection Officer. Policy and Management Act (FLPMA) of techniques or other forms of information [FR Doc. 00–31362 Filed 12–8–00; 8:45 am] 1976. The regulations at 43 CFR 2920 technology. BLM will receive and provide for non-Federal use of bureau analyze any comments sent in response BILLING CODE 4310±84±M administered land via lease or permit. to this notice and include them with its Uses include agriculture, trade, or request for approval from the Office of DEPARTMENT OF THE INTERIOR manufacturing concerns and business Management and Budget under 44 uses such as outdoor recreation U.S.C. 3501 et seq. The FLPMA of 1976 Bureau of Land Management concession. BLM will determine the (43 U.S.C. 1732, 1740), provides for validity of uses proposed by private issuance of land use authorization [NV±960±1060±PF±01±24 1A] individuals and other qualified which may include leases or permits, to proponents from information provided eligible proponents. The BLM has Extension of Approved Information by the proponent on the Land Use implemented the provisions of this Collection, OMB Number 1004±0042 Application and Permit Form. requirement through the issuance of 43 DATES: You must submit your comments CFR 2922.2–1 which provides for the AGENCY: Bureau of Land Management, to BLM at the appropriate address below submission of the ‘‘Land Use Interior. on or before February 9, 2001. BLM will Application and Permit,’’ or application, ACTION: Notice and request for not necessarily consider any comments Form 2920–1. BLM uses the information comments. received after the above date. collected on the application to identify SUMMARY: In accordance with the ADDRESSES: Comments may be mailed the proposed land use and activities, to: Regulatory Affairs Group (630), describe all facilities for which Paperwork Reduction Act of 1995, the Bureau of Land Management, 1849 C authorization is sought, to identify the Bureau of Land Management (BLM) is Street NW, Room 401LS, Washington, location, to determine a schedule for announcing its intention to request DC 20240. construction and to identify access extension of an existing approval to Comments may be sent via Internet to: requirements. Since the information collect certain information from those [email protected]. Please include collected is unique to each application, individuals requesting to adopt a wild ‘‘ATTN: 1004–0009’’ and your name no other suitable means of information horse or burro (43 CFR 4750). BLM and return address in your Internet collection has been identified which needs this information to determine message. could gather the information at a lesser whether or not individuals are qualified Comments may be hand-delivered to burden. If the BLM fails to properly to provide humane care and proper the Bureau of Land Management, collect the required information, the treatment, including transportation, Administrative Record, Room 401, 1620 BLM will reject the application. Based feeding and handling, to an adopted L Street, NW, Washington, DC. on BLM’s experience administering the wild horse or burro. Comments will be available for public activities described above, we receive DATES: You must submit your comments review that the L Street address during approximately 620 applications (577 to BLM at the appropriate address below regular business hours (7:45 a.m. to 4:15 Permits, 43 Leases) annually. It takes an on or before February 9, 2001. BLM will p.m.), Monday through Friday. average of 30 minutes for over 94 not necessarily consider any comments FOR FURTHER INFORMATION CONTACT: percent of the applicants to supply the received after the above date. Alzata L. Ransom, Realty Use Group, on needed information. For the other 6 ADDRESSES: Comments may be mailed (202) 452–7772 (Commercial or FTS). percent of the applicants who are to: Regulatory Affairs Group (630), Persons who use a telecommunications applying for leases, the average burden Bureau of Land Management, 1849 C device for the deaf (TDD) may call the is 121 hours to supply the necessary Street NW, Room 401LS, Washington, Federal Information Relay Service information. The range in burden hours DC 20240. (FIRS) at 1–800–8330, 24 hours a day, is due to the fact that a lease Comments may be sent via Internet to: seven days a week, to contact Ms. application, because of its nature, [email protected]. Please include Ransom. requires more time on the part of an ‘‘ATTN: 1004–0042’’ and your name SUPPLEMENTARY INFORMATION: 5 CFR applicant to supply the needed and return address in your Internet 1320.12(a) requires BLM to provide 60- information. For example, a lease message. day notice in the Federal Register application to construct a multi-million Comments may be hand-delivered to concerning a collection of information dollar ski facility could involve the Bureau of Land Management, contained in regulations found in 43 construction drawings, site and facility Administrative Record, Room 401, 1620 CFR 2920 to solicit comments on (a) plans, other Federal and State licenses L Street, NW., Washington, DC. whether the proposed collection of and permits, and other pre-authorizing Comments will be available for public information is necessary for the proper requirements involving many days to review at the L Street address during performance of the functions of the process. Conversely, a relatively routine regular business hours (7:45 a.m. to 4:15 agency, including whether the application (permit) to use public lands p.m.), Monday through Friday. information will have practical utility; for agricultural purposes could be FOR FURTHER INFORMATION CONTACT: Bea (b) the accuracy of the agency’s estimate processes in 30 minutes. The estimated Wade, on (775) 861–6583 (Commercial of the burden of the proposed collection total annual burden on new respondents or FTS). Persons who use a of information, including the validity of is about 5,955 hours. telecommunications device for the deaf the methodology and assumptions used; BLM will summarize all responses to (TDD) may call the Federal Information (c) ways to enhance the quality, utility, this notice and include them in the Relay Service (FIRS) at 1–800–877–
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8330, 24 hours a day, seven days a occurs during the approval process on or before February 9, 2001. BLM will week, to contact Ms. Wade. when BLM conducts an interview with not necessarily consider any comments SUPPLEMENTARY INFORMATION: 5 CFR the applicant to ensure that the received after the above date. 1320.12(a) requires BLM to provide 60- applicant understands the obligations ADDRESSES: Comments may be mailed day notice in the Federal Register and prohibited acts and that the adopter to: Regulatory Affairs Group (630), concerning a collection of information is knowledgeable about horses and Bureau of Land Management, 1849 C contained in regulations found in 43 burros or has access to assistance from Street NW, Room 401LS, Washington, CFR 4750 to solicit comments on (a) a knowledgeable individual. Based on DC 20240. whether the proposed collection of BLM’s experience in administering the Comments may be sent via Internet to: information is necessary for the proper activities described above, the public [email protected]. Please include performance of the functions of the reporting burden is estimated at 10 ‘‘ATTN: 1004–0107’’ and your name agency, including whether the minutes per response. The estimate and return address in your Internet information will have practical utility; number of respondents is 30,000 per message. (b) the accuracy of the agency’s estimate year, for a total estimated burden of Comments may be hand-delivered to of the burden of the proposed collection 5,000 hours to read the instructions, the Bureau of Land Management, of information, including the validity of gather and supply the information and Administrative Record, Room 401, 1620 the methodology and assumptions used; send the applications to BLM. L Street, NW, Washington, DC. (c) ways to enhance the quality, utility, BLM will summarize all responses to Comments will be available for public this notice and include them in the and clarity of the information to be review at the L Street address during request for Office of Management and collected; and (d) ways to minimize the regular business hours (7:45 a.m. to 4:15 Budget approval. All comments will burden of the collection of information p.m.) Monday through Friday. also become a matter of public record. on those who are to respond, including FOR FURTHER INFORMATION CONTACT: through the use of appropriate Dated: December 5, 2000. Alzata L. Ransom, Realty Use Group, on automated, electronic, mechanical, or Michael Schwartz, (202) 452–7772 (Commercial or FTS). other technological collection BLM Information Collection Clearance Persons who use a telecommunications techniques or other forms of information Officer. device for the deaf (TDD) may call the technology. BLM will receive and [FR Doc. 00–31363 Filed 12–8–00; 8:45 am] Federal Information Relay Service analyze any comments sent in response BILLING CODE 4310±84±M (FIRS) at 1–800–877–8330, 24 hours a to this notice and include them with its day, seven days a week, to contact Ms. request for approval from the Office of Ransom. Management and Budget under 44 DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: 5 CFR U.S.C. 3501 et seq. 1320.12(a) requires BLM to provide a Section 3(b)(2)(B) of the Wild Free- Bureau of Land Management 60-day notice in the Federal Register Roaming Horse and Burro Act requires [WO±350±1430±PF±01±241A] concerning a collection of information that BLM provide health excess animals contained in regulations found in 43 for adoption by individuals that the Extension of Approved Information CFR 2800 and 2880 to solicit comments Secretary determines are qualified to Collection, OMB Number 1004±0107 on (a) whether the proposed collection provide humane care and proper AGENCY: Bureau of Land Management, of information is necessary for the treatment. The implementing Interior. proper performance of the functions of regulations are found at 43 CFR Subpart the agency, including whether the ACTION: Notice and request for 4750—Private Maintenance. Individuals information will have practical utility; comments. must inform BLM of their interest and (b) the accuracy of the agency’s estimate willingness to adopt. The adoption SUMMARY: In accordance with the of the burden of the proposed collection application requirement provides Paperwork Reduction Act of 1995, the of information, including the validity of individuals with a mechanism to inform Bureau of Land Management (BLM) is the methodology and assumptions used; BLM of their interest and to submit their announcing its intention to request (c) ways to enhance the quality, utility, credentials for determining their extension of an existing approval to and clarity of the information to be qualifications. The Application for collect certain information from collected; and (d) ways to minimize the Adoption of Wild Horse(s) and Burro(s), respondents identified in 43 CFR 2800 burden of the collection of information Form 4710–10, is required by 43 CFR and 2880. This information is in on those who are to respond, including 4750.3. addition to that collected on the Form through the use of appropriate BLM uses the information to SF–299, OMB No. 1004–0189, and is automated, electronic, mechanical, or determine whether individuals are necessary for those large complex other technological collection qualified to provide humane care and projects which require a right-of-way. techniques or other forms of information proper treatment to one or more adopted On the multi-million dollar energy technology. BLM will receive and animals. When BLM approves the production and transmission projects, analyze any comments sent in response application and the individual and complex communication sites for to this notice and include them with its completes a Private Maintenance and which a right-of-way is required, BLM request for approval from the Office of Care Agreement, the individual may needs information over and above that Management and Budget under 44 adopt one to four wild horses or burros provided on the application form, such U.S.C. 3501 et seq. BLM grants rights-of- at one time. There is no other source for as construction and other plans; a more way on public lands through the the required information, and failure to detailed map; specific certificates; authority of Title V of the FLPMA, 90 furnish the required information will permits and approvals from other Stat. 2776, 43 U.S.C. 1761 and the result in the applicant’s not being able agencies; and any other necessary Mineral Leasing Act (MLA) of 1920, as to adopt a wild horse or burro. information relative to the completion amended, 30 U.S.C. 185. Information in The collection of information is short of the project. addition to that collected on the right- and simple and not inconvenient to the DATES: You must submit your comments of-way form (SF–299) is needed for large applicant. Valuable dialogue normally to BLM at the appropriate address below complex projects. There is no standard
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Reimbursement of costs shall be in KENTUCKY Fairview Ave., Liberty, 00001605 accordance with the provisions of 43 Henderson County: Garrison School Historic District, CFR 2920.6. Barret—Keach Farm, 1586 KY 136 W, (Liberty, Clay County, Missouri For a period of 45 days from the date Henderson, 00001596 MPS AD), Roughly along N. Main of publication of this notice in the Jackson—Ijames Farm, Address St. and N. Water St., Liberty, Federal Register, interested parties may Restricted, Henderson, 00001593 00001607 submit comments to the Assistant Field Soaper, William, Farm, 2323 Zion Jewell—Lightburne Historic District, Manager, Division of Lands, Las Vegas Rd., Henderson, 00001595 (Liberty, Clay County, Missouri Field Office, 4765 Vegas Drive, Las Kenton County: MPS AD), Roughly bounded by N. Vegas, Nevada 89108. Any adverse Linden Grove Cemetery, 1421 Holman Jewell St., E. Mill St., Main St. and comments will be evaluated by the Ave., Covington, 00001600 Gordon St., Libery, 00001606 Assistant Field Manager, Division of Ritte’s Corner Historic District, MONTANA Lands who may vacate or modify this Latonia (Boundary Increase), Realty Action and issue a final Approx. 3424–3601 Decoursey Gallatin County: determination. In the absence of any Ave., 9 E. Southern Ave. and CSX Lundwall, Charles, Building, 123–125 action by the Assistant Field Manager, Railroad Property, Covington, W. Main St., Bozeman, 00001611 Division of Lands, this Realty Action 00001598 Rosebud County: will become the final determination of Letcher County: Wolf Mountains Battlefield, Address the Bureau. Caudill, C.B., Store, 7822 KY 7 S, Restricted, Birney, 00001617 Dated: November 22, 2000. Blackey, 00001597 NEW YORK Madison County: Cheryl A. Ruffridge, Miller, William M., Far, (Boundary Westchester County: Acting Assistant Field Manager, Division of Increase), 1099 Parrish Rd., St. Luke’s Episcopal Church, 68 Lands, Las Vegas, Nevada. Richmond, 00001599 Bedford Rd., Katonah, Town of [FR Doc. 00–31370 Filed 12–8–00; 8:45 am] Oldham County: Bedford, 00001612 BILLING CODE 4310±HC±P Waldeck Farm, 5900 W KY 22, NORTH CAROLINA Crestwood, 00001618 Edgecombe County: Owen County: Princeville School, US 258, 0.3 mi. E DEPARTMENT OF THE INTERIOR New Liberty Historic District, KY 227, of NC 64, Princeville, 00001615 roughly bet. KY 978 and KY 36, National Park Service Henderson County: New Liberty, 00001601 Moore, Arthur W., House, 299 Sunset National Register of Historic Places; MARYLAND Dr., Horse Shoe, 00001613 Notification of Pending Nominations St. Mary’s County: McDowell County: Ledbetter, Albertus, House, 125 Nominations for the following U–1105 BLACK Panther (Type VIIC Haynes Rd., Montford Cove, properties being considered for listing German Submarine), Potomac River, Piney Point, 00001602 00001616 in the National Register were received Northampton County: by the National Park Service before MICHIGAN Church of the Saviour and Cemetery, December 2, 2000. Pursuant to section Charlevoix County: Jct. of Church and Calhoun Sts., 60.13 of 36 CFR Part 60 written Jackson, 00001614 comments concerning the significance Horton Bary School, 04991 Boyne of these properties under the National City-Charlevoix Rd., Bay Township, [FR Doc. 00–31476 Filed 12–8–00; 8:45 am] Register criteria for evaluation may be 00001603 BILLING CODE 4310±70±P forwarded to the National Register, Marquette County: National Park Service, 1849 C St. NW, Suicide Hill (Ski Jump), Cliffs Dr., NC400, Washington, DC 20240. Written Neguanee, 00001604 DEPARTMENT OF THE INTERIOR comments should be submitted by MINNESOTA Bureau of Reclamation December 26, 2000. Nicollet County: [INT±DES±00±53] Paul R. Lusignan, St. Peter Commercial Historic District, Acting Keeper of the National Register. Minnesota Ave. Bet. Broadway and Keechelus Dam Safety of Dams Grace Sts., St. Peter, 00001610 ARIZONA Modification, Yakima Project, MISSOURI Washington Gila County: Clay County: AGENCY: Bureau of Reclamation, Bullion Plaza School, 1000 Plaza Arthur-Leonard Historic District, Interior. Ave., Miami, 00001591 (Liberty, Clay County, Missouri ACTION: Notice of availability and notice ARKANSAS MPS AD), Roughly bounded by of public hearings for the Keechelus Ford Ave., Jewell St., Choctaw St., Cleburne County: Dam Safety of Dams Modification, and Missouri St., Liberty, 00001608 Yakima Project, Washington, draft Woodrow Store, (Arkansas Highway Clardy Heights Historic District, environmental impact statement. History and Architecture MPS), AR (Liberty, Clay County, Missouri 263, Woodrow, 00001592 MPS AD), 716, 736 and 758 W. SUMMARY: Pursuant to section 102(2)(C) FLORIDA Liberty Dr., Liberty, 00001609 of the National Environmental Policy Dougherty-Prospect Heights Historic Act of 1969, as amended, the Polk County: District, (Liberty, Clay County, Department of the Interior, Bureau of Brown, Lawrence, House, (Bartow Missouri MPS AD), Roughly Reclamation (Reclamation), has MPS), 470 Second Ave., Bartow, bounded by Mississippi St., prepared a draft environmental impact 00001594 Gallatin St., Schrader St., and statement (Draft EIS) to examine the
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Records To Be Kept by Employers (Fair Total Burden Cost (operating/ SUPPLEMENTARY INFORMATION: In today’s Labor Standards Act) maintenance): $0. Federal Register the Copyright Office Comments submitted in response to announces a final rule in Docket No. RM I. Background this notice will be summarized and/or 2000–3 concerning the definition of a The Fair Labor Standards Act sets included in the request for Office of ‘‘Service’’ for purposes of the statutory minimum wage, overtime pay, child Management and Budget approval of the license governing the public labor and recordkeeping standards for information collection request; they will performance of sound recordings by employees engaged in interstate also become a matter of public record. means of digital audio transmissions. commerce or in the production of good Dated: December 5, 2000. The Office has determined that for interstate commerce and to broadcasters retransmitting copyrighted Margaret J. Sherrill, employees in certain enterprises. The programming contained on their AM Fair Labor Standards Act requires that Chief, Branch of Management Review and and FM radio signals over digital Internal Control, Division of Financial all employers covered by the Act make, communications networks, such as the keep, and preserve records of employees Management, Office of Management, Administration and Planning, Employment Internet, are not exempt from copyright and of wages, hours, an other conditions Standards Administration. liability under section 114(d)(1)(A) of and practices of employment. [FR Doc. 00–31453 Filed 12–8–00; 8:45 am] the Copyright Act. Because such retransmissions are not exempt, a public II. Review Focus BILLING CODE 4510±27±M performance of a copyrighted work The Department of Labor is contained on a radio signal occurs each particularly interested in comments time it is retransmitted over a digital which: LIBRARY OF CONGRESS • communications network, such as the Evaluate whether the proposed Internet. Consequently, broadcasters collection of information is necessary Copyright Office must license the copyrights to the for the proper performance of the [Docket No. 2000±9 CARP DTRA1 & 2] programming contained on such radio functions of the agency, including signals. whether the information will have Digital Performance Right in Sound Licensing may be accomplished in practical utility; Recordings and Ephemeral one of two ways, depending upon the • Evaluate the accuracy of the Recordings nature of the retransmissions. agency’s estimate of the burden of the Broadcasters may enter into private proposed collection of information, AGENCY: Copyright Office, Library of licensing arrangements with the including the validity of the Congress. copyright holders of the programming methodology and assumptions used; • ACTION: Notices of intent to participate; they wish to retransmit. Or, broadcasters Enhance the quality, utility and Announcement of precontroversy may be eligible for the statutory licenses clarity of the information to be discovery schedule. under sections 114(f) and 112(e) of the collected; and • Copyright Act to retransmit the works. Minimize the burden of the SUMMARY: Due to the ruling by the The Library of Congress is currently collection of information on those who Copyright Office that broadcasters are conducting Copyright Arbitration are to respond, including through the not exempt from copyright liability Royalty Panel (CARP) proceedings to use of appropriate automated, when they retransmit over the Internet establish royalty rates and terms for electronic, mechanical, or other copyrighted works contained on their these licenses. technological collection techniques or AM and FM radio signals, the Library of Because today’s rulemaking other forms of information technology, Congress is providing an additional time proceeding makes clear that e.g., permitting electronic submissions period for filing Notices of Intent to broadcasters are not exempt, those of responses. Participate in the above-captioned broadcasters who intend to use the III. Current Actions consolidated proceedings. In addition, section 114(f) and 112(e) licenses may the Library is announcing the wish to participate in these CARP The Department of Labor seeks the precontroversy discovery schedule for proceedings. The time periods for filing extension of approval to collect this these consolidated proceedings. Notices of Intent to Participate in this information in order to carry out its proceeding, however, has passed. See 64 responsibility to enforce the provisions DATES: Notices of Intent to Participate are due no later than January 10, 2001. FR 52107 (September 27, 1999) (1998– of the Fair Labor Standards Act. 2000 period) and 65 FR 55302 Review: Extension. ADDRESSES: An original and five copies Agency: Employment Standards of a Notice of Intent to Participate (September 13, 2000) (2001–2002 Administration. should be delivered to: Office of the period). The Library has determined Title: Records to be Kept by General Counsel, Copyright Office, that, given the uncertainty surrounding Employers (Fair Labor Standards Act). James Madison Building, Room LM– today’s rulemaking decision, it is OMB Number: 1215–0017. 403, First and Independence Avenue, appropriate to reopen the filing period Affected Public: Business or other for- SE, Washington, DC 20559–6000; or for a limited time to allow additional profit; Individuals or households; mailed to: Copyright Arbitration Royalty participants in these proceedings. Farms; Not-for-profit institutions; Panel (CARP), P.O. Box 70977, Notices of Intent To Participate Federal government; State, local or Southwest Station, Washington, DC Any interested party that has not filed Tribal government. 20024. Total Recordkeepers: 3.7 million. a Notice of Intent to Participate in the Frequency: Weekly. FOR FURTHER INFORMATION CONTACT: rate proceeding for 1998–2000 or the Average Time per Recordkeeper: 1 David O. Carson, General Counsel, or rate proceeding for 2001–2002 may do hour. Tanya M. Sandros, Senior Attorney, so on or before January 10, 2001. The Estimated Total Burden Hours: Copyright Arbitration Royalty Panel, Notice of Intent to Participate should 926,156. P.O. Box 70977, Southwest Station, clearly specify whether it applies to the Total Burden Cost (capital/startup): Washington, DC 20024. Telephone (202) 1998–2000 proceeding, the 2001–2002 $0. 707–8380. Telefax (202) 252–3423. proceeding, or both. Failure to submit a
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Account, a separate investment account Accounts available under a Contract. to receive any investment advisory fee established under Indiana law. Not all of the Investment Accounts may with respect to the Feeder. A Feeder 2. The AUL Account is registered be available under a particular Contract may withdraw its investment from the with the Commission under the 1940 and some of the Investment Accounts related Master at any time if State Street Act as a unit investment trust. The are not available for certain types of Trust’s Board of Trustees determines assets of the AUL Account support Contracts. that it is in the best interests of the certain group annuity contracts 4. VIP II is organized as a Feeder and its shareholders to do so. (collectively, the ‘‘Contracts’’). Certain Massachusetts business trust and is State Street Trust has retained the Contracts may allow ongoing registered as an open-end management Adviser as investment adviser to contributions that can vary in amount investment company under the 1940 manage a Feeder’s assets in the event and frequency, while other Contracts Act. VIP II is a series investment that the Feeder withdraws its may allow only a single contribution to company, as defined by Rule 18f–2 investment from its corresponding be made. All of the Contracts provide under the 1940 Act, and currently offers Master. Only the State Street 500 Fund for the accumulation of values on a shares of fourteen separate series. Only would be involved in connection with variable basis, a fixed basis, or both. The the Fidelity 500 Portfolio would be the substitution transactions described Contracts also provide several options involved in the proposed substitution. below. for fixed annuity payments to begin on 5. State Street Trust is organized as a 6. Each of the Contracts expressly a future date. Massachusetts business trust and is reserves to the Applicants the right, 3. The AUL Account is currently registered as an open-end management subject to compliance with applicable divided into thirty-five (35) sub- investment company under the 1940 law, to change or add investment accounts referred to as Investment Act. As of the date of this application, companies. The prospectuses describing Accounts. Each Investment Account it has not commenced operations. State the Contracts contain appropriate invests exclusively in shares of AUL Street Trust is a series investment disclosure of this right. American Series Fund, Inc., Alger company, as defined by Rule 18f–2 7. The AUL Account imposes no American Fund, American Century under the 1940 Act, and currently limitations on the number of transfers Mutual Funds, Inc., American Century intends to offer five separate series of between investment accounts available Quantitative Equity Funds, American shares (each, a ‘‘Feeder’’). Each Feeder under a contract or the fixed account Century Variable Portfolios, Inc., currently intends to invest all of its and no charges on transfers. AUL American Century World Mutual Funds, assets in a corresponding series of State reserves the right, however, at a future Inc., Calvert Variable Series, Variable Street Master Funds (each, a ‘‘Master’’) date, to assess transfer charges and to Insurance Products Fund, VIP II, that has the same investment objective limit the number and frequency of Invesco Dynamics Fund, Inc., Janus as, and investment policies that are transfers. Aspen Series, PBHG Insurance Series substantially similar to those of, the 8. Applicants propose to substitute Fund, Inc., SAFECO Resource Series corresponding Feeder. As long as a Class A shares issued by the State Street Trust, State Street Trust, T. Rowe Price Feeder remains completely invested in 500 Fund for the Initial Class shares Equity Series, Inc., and Vanguard a Master (or any other investment issued by the Fidelity 500 Portfolio (the Explorer Fund, Inc. (collectively, company), State Street Bank and Trust ‘‘Substitution’’). ‘‘Funds’’) or in shares of specific series Company (‘‘State Street’’), acting 9. The chart below shows the of a Fund. Contributions may be through its division, State Street Global investment objectives of the State Street allocated to one or more Investment Advisors (the ‘‘Adviser’’) is not entitled 500 Fund and the Fidelity 500 Portfolio.
Removed portfolio Investment objective Substituted portfolio Investment objective
Fidelity 500 Portfolio .... Seeks investment results that correspond to State Street 500 Fund Seeks to provide an investment return match- the total return of common stocks publicly ing, as closely as possible before ex- traded in the United States, as represented penses, the performance of the S&P 500. by the Standard & Poor's 500 Composite Stock Price Index (``S&P 500'').
10. The chart below shows: (1) the management fees, operating expenses and total expenses for Initial Class shares of the Fidelity 500 Portfolio for the year ending December 31, 1999; and (b) the estimated management fees, 12b– 1 fees, operating expenses and total expenses of Class A shares of the State Street 500 Fund following the proposed substitutions. The fees and expenses in the chart are presented as a percentage of average daily net assets.
Replaced Sustituted fundÐfidelity fundÐstate street 500 1 500 (percent) (percent)
Management Fee ...... 0.24 0.045 Distribution and Service (12b±1) Fee ...... 0.00 0.150 Other Expenses ...... 0.10 0.050 Total Annual Operating Expenses: (Before Expense waivers and reimbursements) ...... 0.34 0.25 Minus expense waivers or reimbursements ...... 0.06 0.000 Total Annual Operating Expenses:
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Replaced Sustituted fundÐfidelity fundÐstate street 500 1 500 (percent) (percent)
(After expense waivers and reimbursements) ...... 2 0.28 0.245 1 The feeder fund imposes a Rule 12b±1 fee of 15 basis points and estimates other expenses of 5 basis points. The master imposes an an- nual unitary management fee of 4.5 basic points, which compensates State Street for its services as adviser, custodian and transfer agent, and for assuming ordinary operating expenses, including ordinary legal and audit expenses. By investing in the master fund, the feeder pays a pro rata share of the master fund expenses, based on the net asset value of its investment in the master. In other words, the State Street 500 Fund will pay the fee with respect to its pro rata share of the total assets invested in the State Street 500 Master. 2 Effective April 18, 1998, FMR has voluntarily agreed to reimburse Initial Class Shares of the Fidelity 500 Portfolio to the extent that total oper- ating expenses (excluding interest, taxes, securities lending costs, brokerage commissions and extraordinary expenses), as a percentage of av- erage net assets, exceed 0.28%. This arrangement can be discontinued by FMR at any time.
11. Applicants provided, or will respects to those of the Fidelity 500 1940 Act and Rule 22c–1 thereunder, provide, a notice of the Substitution (the Portfolio. without the imposition of any transfer ‘‘First Notice’’) to Contract Owners and b. At the time of the substitution, the or similar charge by the Applicants, and Participants, which describes the aggregate fees and expenses of the State with no change in the amount of any proposed substitution and discloses that Street 500 Fund will be lower than Contract Owner’s Contract value or in AUL will not exercise any rights those of the Fidelity 500 Portfolio. the dollar value any Contract Owner’s or reserved under the contract to impose Applicants agree that AUL will not Participant’s investment in such additional restrictions on transfers until increase total separate account charges Contract. at least thirty (30) days after the date of (net of any waivers or reimbursements) e. Contract Owners and Participants the substitution. of the Investment Account that invests will not incur any fees or charges as a 12. Upon effectiveness of the in the State Street Fund for those result of the proposed substitutions, nor registration statement of State Street Contract Owners who were Contract will their rights or AUL’s obligations Trust, and approval of this application Owners on the Substitution Date for a under the Contracts be altered in any by the Commission, the Applicants will period of two years from the way. AUL will bear all expenses send Contract Owners further detailed Substitution Date. Applicants further incurred in connection with the notice concerning the proposed agree that if the total operating expenses proposed substitutions and related substitutions (the ‘‘Second Notice’’). for the State Street 500 Fund (taking filings and notices, including legal, The Second Notice will inform Contract into account expense waivers and accounting and other fees and expenses. Owners and Participants that the reimbursements) (‘‘State Street The proposed substitutions will not substitutions will be carried out, Expenses’’) for any fiscal quarter during cause the Contract fees and charges identify the anticipated date of the the two-year period following the currently being paid by existing substitutions and inform Contract Substitution Date exceed on an Contract Owners or Participants to be Owners and Participants that AUL will annualized basis 0.28% of average daily greater after the proposed substitutions not exercise any rights reserved under net assets (the expense ratio for the than before the proposed substitutions. the Contract to impose additional Fidelity 500 Portfolio for the fiscal year f. Redemptions in-kind and restrictions on transfers until at least ended December 31, 1999), AUL will contributions in-kind will be done in a thirty (30) days after the date of the make adjustments to the separate manner consistent with the investment substitution. Together with this account charges of the Investment objectives, policies and diversification disclosure, all such existing Contract Account that invests in the State Street requirements of the Fidelity 500 Owners and Participants also will be Fund for those Contract Owners who Portfolio and State Street 500 Fund. sent to prospectus for the State Street were Contract Owners on the Consistent with Rule 17a–7(d) under the 500 Fund. New purchasers of Contracts Substitution Date, such that the State 1940 Act, no brokerage commissions, also will be provided with the Contract Street Expenses together with separate fees (except customary transfer fees) or prospectuses, the Second Notice, and a account expenses paid during that other remuneration will be paid in prospectus for the State Street 500 period will not exceed, on an connection with the in-kind Fund. annualized basis, 0.28% of average daily transactions. 13. Applicants will mail a net assets plus the separate account g. The substitutions will not be confirmation of the substitutions to expenses for the corresponding counted as new investment selections in affected Contract Owners within five Investment Account during the fiscal determining the limit, if any, on the days after the substitutions are affected. year ending December 31, 1999. total number of Funds that Contract The Confirmation will disclose (a) that c. Contract Owners and Participants Owners or Participants can select during the substitution was carried out and (b) may transfer assets from one Investment the life of a Contract. that AUL will not exercise any rights Account to another Investment Account h. The substitutions will not alter in reserved under the contract to impose available under their Contract without any way the tax benefits, life insurance additional restrictions on transfers until the imposition of any fee, charge or and other Contracts benefits, or any at least thirty (30) days after the date of other penalty that might otherwise be Contract obligations of the Applicants, the substitution. imposed from the date of the First under the Contracts. 14. Applicants make the following Notice through a date at least thirty days i. Contract Owners and Participants representations regarding the significant following the Substitution Date. may withdraw amounts under the terms of the Substitution: d. The substitutions, in all cases, will Contracts or terminate their interest in a. The State Street 500 Fund has be affected at the net asset value of the a Contract, under the conditions that investment objectives, investment respective shares of the Fidelity 500 currently exist, including payment of strategies, and anticipated risks that are Portfolio and the State Street 500 Fund any applicable withdrawal or surrender substantially similar in all material in conformity with Section 22(c) of the charge.
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j. Contract Owners and Participants charges as a result of the proposed APPLICANTS: AIG Life Insurance affected by the substitutions will be sent transactions. Furthermore, the proposed Company (‘‘AIG’’), AIG Life Insurance written confirmation of the substitutions transactions will not result in any Company Varible Account I (‘‘Variable that identify each substitution made on change to the Contract fees and charges Account I’’), American International behalf of that Contract Owner or currently being paid by existing Life Insurance Company of New York Participant within five days following Contract Owners. (‘‘American’’), American International the Substitution Date. 5. The Applicants will not complete Assurance Company of New York Variable Account A (‘‘Variable Account Applicants’ Legal Analysis And the Substitution as described in the A’’), ReliaStar Life Life Insurance Conditions application unless all of the following conditions are met: Company of New York (‘‘ReliaStar,’’ and 1. Section 26(b) of the 1940 Act a. The Commission will have issued together with AIG and American, the provides that it shall be unlawful for an order approving the Substitution ‘‘Variable Insurers’’ or the ‘‘Insurance any depositor or trustee of a registered under Section 26(b) of the 1940 Act. Company Applicants’’), ReliaStar Life unit investment trust holding the b. The registration statement for State Insurance Company of New York security of a single issuer to substitute Street Trust shall have become effective. Variable Annuity Fund P (‘‘Variable another security for such security unless c. Each Contract Owner and Annuity Fund P’’), ReliaStar Life the Commission shall have approved Participant will have been mailed the Insurance Company of New York such substitution; and the Commission First Notice, the Second Notice and Variable Annuity Fund Q (‘‘Variable shall issue an order approving such effective prospectuses for the Contracts Annuity Fund Q,’’ and together with substitution if the evidence establishes and the State Street 500 Fund. Variable Annuity Fund P, the ‘‘ReliaStar that it is consistent with the protection d. The Applicants will have satisfied Separate Accounts’’) (collectively, with of investors and the purposes fairly themselves, based on advice of counsel Variable Account I and Variable intended by the policies and provisions familiar with insurance laws, that the Account A, the ‘‘Separate Accounts’’) of the 1940 Act. Section 26(b) protects Contracts allow the substitution of and Alliance Variable Products Series the expectation of investors that the unit portfolios as described in this Fund, Inc. (‘‘AVP’’). investment trust will accumulate shares application, and the transactions can be SUMMARY OF APPLICATION: Applicants of a particular issuer and is intended to consummated as described herein under request an order permitting (1) the insure that unnecessary or burdensome applicable insurance laws and under the substitution of shares of AVP’s Total sales loads, additional reinvestment Contracts. Return Portfolio (‘‘Total Return costs or other charges will not be e. The Applicants will have complied Portfolio’’) for shares of AVP’s incurred due to unapproved with any regulatory requirements they Conservative Investors Portfolio substitutions of securities. (‘‘Conservative Investors Portfolio’’) and 2. Applicants request an order believe are necessary to complete the AVP’s Growth Investors Portfolio pursuant to Section 26(b) of the 1940 transactions in each jurisdiction where (‘‘Growth Investors Portfolio’’, and (2) Act approving the Substitution. the Contracts have been qualified for the substitution of shares of AVP’s Applicants assert that the purposes, sale. Money Market Portfolio (‘‘Money terms, and conditions of the Conclusion Substitution are consistent with the Market Portfolio’’) and shares of the Applicants assert that, for the reasons protections for which Section 26(b) was Oppenheimer Money Market Fund VA summarized above, the requested order designed. The Applicants assert the (‘‘Money Fund’’) for shares of AVP’s approving the Substitution should be Substitution will benefit Contract Short-Term Multi Market Portfolio granted. Owners because the State Street 500 (‘‘Multi Market Portfolio’’), (The Fund will enjoy lower expenses than For the Commission, by the Division of Conservative Investors Portfolio, Growth the Fidelity 500 Portfolio. Given the Investment Management, pursuant to Investors Portfolio and Multi-Market similarities in investment strategies delegated authority. Portfolio are referred to herein as the between the Fidelity 500 Portfolio and Margaret H. McFarland, ‘‘Replaced Portfolios.’’ The Total Return the State Street 500 Fund, Applicants Deputy Secretary. Portfolio, Money Market Portfolio and assert that the lower expense ratio of the [FR Doc. 00–31381 Filed 12–8–00; 8:45 am] Money Fund are referred to herein as the ‘‘Substitute Portfolios.’’ The State Street 500 Fund is likely to result BILLING CODE 8010±01±M in higher investment returns than those Replaced Portfolios and the Substitute obtained by the Fidelity 500 Portfolio. Portfolios are referred to, collectively, as 3. Contract Owners and Participants SECURITIES AND EXCHANGE the ‘‘Affected Portfolios.’’) AIG, Variable who do not want their assets allocated COMMISSION Account I, American, Variable Account to the State Street 500 Fund will be able A and AVP also seek relief from Section to transfer assets to any one of the other [Rel. No. IC±24785; File No. 812±11332] 17(a) for purposes of effecting certain of the substitutions partially in-kind. Investment Accounts available under AIG Life Insurance Company, et al. their Contract without any transfer FILING DATE: The application was filed charge. December 5, 2000. on May 1, 2000, and amended and 4. Applicants represent that the AGENCY: Securities and Exchange restated on October 19, 2000. Substitution and related redemptions in Commission (‘‘SEC’’ or ‘‘Commission’’). Applicants represent that they will file kind and purchases will not result in an amended and restated application ACTION: Notice of application for an any change in the amount of any during the notice period to conform to order pursuant to Section 26(b) of the Contract Owner’s or participant’s the representations set forth herein. Investment Company Act of 1940, as Contract value or in the dollar value of HEARING OR NOTIFICATION OF HEARING: An amended (‘‘1940 Act’’) approving his or her investment in such Contract, order granting the application will be certain substitution of securities, and or the life benefits, tax benefits or any issued unless the Commission orders a pursuant to Section 17(b) of the 1940 contractual obligation of the Applicants hearing. Interested persons may request Act exempting related transactions from under the Policies. Contract Owners a hearing by writing to the Secretary of Section 17(a) of the 1940 Act. will not incur any fees, expenses or the Commission and serving Applicants
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Fee waivers Replaced portfolio Advisory fees Other Total and/or reim- Net expenses expenses expenses bursements
Conservative Investors Portfolio ...... 0.75 0.42 1.17 0.22 0.95 Growth Portfolio ...... 0.75 0.72 1.47 0.52 0.95 Multi-Market Portfolio ...... 0.55 2.10 2.65 1.70 0.95
Other Total Fee waivers Substitute portfolio Advisory fees expenses expenses and/or reim- Net expenses bursements
Total Return Portfolio ...... 0.63 0.24 0.86 0.00 0.86 Money Market Portfolio ...... 0.50 0.14 0.64 0.00 0.64 Money Fund ...... 0.45 0.03 0.48 0.00 0.48
18. Applicants represent that Alliance proposed substitutions, in the form of Substitutions, the C&G and MM has agreed to cap expenses for each AVP an amendment to the prospectuses of Contractowners will be afforded the Substitute Portfolio for one year from the relevant Separate Accounts. Within same contract rights that they currently the date of the substitutions at a level five days after the substitutions, each have, including surrender and other equal to the percentage expense level Insurance Company Applicant will send transfer rights with regard to amounts experienced by its corresponding to its C&G Contractowners and MM invested under the Contracts. The C&G Replaced Portfolio for the most recent Contractowners a second notice of the Substitution and the MM Substitution fiscal year prior to the substitutions. To proposed substitutions (‘‘Second will have no adverse federal income tax the extent that the expenses of any Notice’’) that will indicate that shares of consequences for C&G and MM Substitute Portfolio exceed the 1999 the Replaced Portfolios have been Contractowners. In addition, the C&G expense level of a Replaced portfolio for eliminated and that shares of the Substitution and the MM Substitution each fiscal period that is no longer than Substitute Portfolios, as applicable, have will in no way alter the insurance a fiscal quarter during the one-year been substituted. To the extent required, benefits to C&G and MM period following the substitutions, the each Insurance Company Applicant will Contractowners or the contractual applicable Insurance Company include in such mailing a supplement to obligations of AIG, American and/or Applicant(s) will undertake to limit the prospectus of AVP that discloses the ReliaStar. separate account expenses such that, completion of the substitutions. 22. Applicants represent that the with respect to each contractowner 20. Applicants represent that C&G proposed substitutions will take place at affected by the substitutions, the Contractowners and MM relative net asset value with no increase amount of the relevant surviving Contractowners will be advised in each or decrease in the amount of policy portfolio’s operating expenses, together Second Notice that they may transfer value for any C&G or MM with its corresponding separate the value of their Contracts allocable to Contractowner. In addition, the account’s expenses, on an annualized the Substitute Portfolios to any other substitutions will not result in any basis, will be no greater than the sum of available Separate Accounts or additional fees for C&G or MM the corresponding Substitute Portfolio’s Divisions investing in the other AVP Contractowners, nor will current expenses, together with its separate Portfolios or other investment options charges be increased. Applicants also account’s expenses, for the most recent unrelated to AVP, without limitation, represent that the costs of the C&G fiscal year prior to the substitutions. within sixty days after the date of the Substitution and the MM Substitution, Furthermore, the Insurance Company Second Notice free of charge. A copy of including any additional brokerage costs Applicants undertake not to increase the current prospectus of each relevant or expenses, will not be borne directly account or contract expenses for each Substitute Portfolio will be delivered to or indirectly by the C&G Contractowners contractowner affected by the each Contractowner to whom such or MM Contractowners. substitutions for a period of one year current prospectus has not already been 23. Applicants anticipate that the from the date of the substitutions. delivered. The C&G Substitution and/or relevant Separate Accounts will redeem, 19. The Insurance Company the MM Substitution will not be partly for cash and partly for securities Applicants represent that owners of the counted as a transfer under any as a redemption in-kind, all shares of Contracts that invest in the Replaced contractual provisions of the contracts the Conservative Investors Portfolio and Portfolios (‘‘C&G Contractowners’’ and that limit allowable transfers. the Growth Investors Portfolio ‘‘MM Contractowners,’’ as appropriate) 21. Applicants represent that attributable to C&G Contractowners at were sent notice, which disclosed the following the C&G and MM the close of business on the date
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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s functionality be approved on a COMMISSION Statement of the Purpose of, and permanent basis to deal with such Statutory Basis for, the Proposed Rule limited circumstances. Change [Release No. 34±43646; File No. SR±CBOE± 2. Basis 00±53] 1. Purpose The Exchange believes that because Self-Regulatory Organizations; Notice On February 2, 2000, the Commission the Live Ammo to RAES processing of Filing of Proposed Rule Change by approved, on a pilot basis, a systems system has provided for the more timely change that allows an OBO or a DPM to Chicago Board Options Exchange, Inc. execution of marketable orders, the reroute orders on the electronic book Relating to Permanent Approval of proposed rule change is consistent with screen that displays market orders and Section 6(b) of the Act,8 in general, and Live Ammo to RAES limit orders that improve the market furthers the objectives of Section November 30, 2000. (‘‘Live Ammo’’) to the Retail Automatic 6(b)(5),9 in particular, because it is Execution System (‘‘RAES’’).3 On designed to foster cooperation and Pursuant to Section 19(b)(1) of the October 31, 2000, the pilot was coordination with persons engaged in Securities Exchange Act of 1934 extended through December 15, 2000.4 regulating, clearing, settling, and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange now proposes to make processing information with respect to, notice is hereby given that on November permanent the pilot program with and facilitating transactions in 8, 2000, the Chicago Board Options respect to the processing of Live Ammo securities, and to remove impediments Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) orders.5 The Commission recently to and perfect the mechanism of a free filed with the Securities and Exchange approved a system enhancement to the and open market and a national market Commission (‘‘SEC’’ or ‘‘Commission’’) Exchange’s Order Routing System system, and, in general, to protect the proposed rule change as described (‘‘ORS’’), which provided for the investors and the public interest. in Items I, II, and III below, which Items automatic rerouting of cancel/replace B. Self-Regulatory Organization’s have been prepared by the CBOE. The 6 orders. The Exchange believes that this Statement on Burden on Competition Commission is publishing this notice to systems change addresses the solicit comments on the proposed rule Commission’s expectation that the CBOE does not believe that the change from interested persons. Exchange develop a system proposed rule change will impose any enhancement to ensure that RAES- burden on competition not necessary or I. Self-Regulatory Organization’s eligible orders will be routed directly to appropriate in furtherance of purposes Statement of the Terms of Substance of RAES without the interim step of first of the Act. the Proposed Rule Change 7 appearing on the Live Ammo screen. C. Self-Regulatory Organization’s The Exchange expects that the The Exchange proposes to adopt on a Statement on Comments on the enhancement to ORS will be permanent basis the system that allows Proposed Rule Change Received From implemented in December 2000. Members, Participants or Others an Order Book Official (‘‘OBO’’) or Although the number of Live Ammo Designated Primary Market Maker orders should be substantially reduced No written comments were solicited (‘‘DPM’’) to designate certain booked by the planned enhancement to ORS, or received with respect to the proposed orders to be electronically executed there occasionally may still be rule change. against market markers standing in the circumstances when the OBO or DPM III. Date of Effectiveness of the crowd. The text of the proposed rule may have reason to reroute Live Ammo Proposed Rule Change and Timing for change is available at the Office of the orders manually. For example, in the Commission Action Secretary, CBOE and at the Commission. event that a Floor Broker becomes so busy during heavy trading conditions Within 35 days of the date of II. Self-Regulatory Organization’s that he is unable to represent and publication of this notice in the Federal Statement of the Purpose of, and execute orders in a timely manner, the Register or within such longer period (i) Statutory Basis for, the Proposed Rule Floor Broker can electronically book all as the Commission may designate up to Change non-market, non-contingency orders he 90 days of such date if it finds such longer period to be appropriate and In its filing with the Commission, holds by hitting the ‘‘book all’’ button on his PAR workstation. Those orders publishes its reason for so finding or (ii) CBOE included statements concerning as to which the self-regulatory the purpose of and basis for the that are marketable will route to the Live Ammo screen while those that are organization consents, the Commission proposed rule change and discussed any not marketable will stay in the book. will: comments it received on the proposed Those orders that route to the Live (a) By order approve such proposed rule change. The text of these statements Ammo screen will still require an OBO rule change, or may be examined at the places specified or DPM to manually reroute the orders (b) Institute proceedings to determine in Item IV below. The CBOE has to RAES. Therefore, the Exchange whether the proposed rule change prepared summaries, set forth in proposes that the Live Ammo to RAES should be disapproved. sections A, B, and C below, of the most IV. Solicitation of Comments significant aspects of such statements. 3 Securities Exchange Act Release No. 42379, 65 FR 6665 (February 10, 2000) (approving SR–CBOE– Interested person are invited to 98–27 on a pilot basis until October 31, 2000) submit written date, views and (‘‘Pilot Order’’). arguments concerning the foregoing, 4 Securities Exchange Act Release No. 43499, 65 including whether the proposed rule FR 67023 (November 8, 2000). change is consistent with the Act. 5 The Exchange rule pertaining to the processing of Live Ammo orders is CBOE Rule 7.4(g). Persons making written submissions 6 Securities Exchange Act Release No. 43185 1 15 U.S.C. 78s(b)(1). (August 21, 2000), 65 FR 51884 (August 25, 2000). 8 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 7 See Pilot Order, note 3 supra. 9 15 U.S.C. 78f(b)(5).
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At any time within 60 days of the (‘‘Act),’’ 1 and Rule 19b–4 thereunder,2 was extended through November 30, filing of the proposed rule change, the notice is hereby given that on November 2000 to accommodate the extended Commission may summarily abrogate 29, 2000, the New York Stock Exchange, comment period on the 3-Year such rule change if it appears to the Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with Extension Proposal.6 Commission that such action is the Securities and Exchange The Exchange now proposes to necessary or appropriate in the public Commission (‘‘SEC’’ or ‘‘Commission’’) further extend the effectiveness of the interest, for the protection of investors, the proposed rule change as described Pilot until February 28, 2001 to provide or otherwise in furtherance of the in items I, II, and III below, which items the Commission and the Exchange with purposes of the Act. have been prepared by the Exchange. additional time to review and evaluate The Commission is publishing this IV. Solicitation of Comments notice to solicit comments on the comment letters submitted to the Interested persons are invited to proposed rule change from interested Commission regarding the 3-Year submit written data, views and persons. Extension Proposal. arguments concerning the foregoing, I. Self-Regulatory Organization’s 2. Basis including whether the proposed rule Statement of the Terms of Substance of change is consistent with the Act. The Exchange believes that the the Proposed Rule Change Persons making written submissions proposed rule change is consistent with should file six copies thereof with the The Exchange is proposing to extend, the requirements of Section 6(b)(5) 7 of Secretary, Securities and Exchange until February 28, 2001, the the Act because it is designed to prevent Commission, 450 Fifth Street, N.W., effectiveness of the amendments to fraudulent and manipulative acts and Washington D.C. 20549–0609. Copies of Sections 312.01, 312.03 and 312.04 of practices, to promote just and equitable the submission, all subsequent the Exchange’s Listed Company Manual principles of trade, to foster cooperation amendments, all written statements with respect to the definition of a and coordination with persons engaged with respect to the proposed rule ‘‘broadly-based’’ stock option plan, in facilitating transactions in securities, change that are filed with the which were approved by the to remove impediments to and perfect Commission, and all written Commission on a pilot basis (‘‘Pilot’’) on the mechanism of a free and open communications relating to the June 4, 1999.3 market and a national market system proposed rule change between the II. Self-Regulatory Organization’s and, in general, to protect investors and Commission and any person, other than Statement of the Purpose of, and the public interest. those that may be withheld from the Statutory Basis for the Proposed Rule public in accordance with the B, Self-Regulatory Organization’s Change provisions of 5 U.S.C. 552, will be Statement on Burden on Competition available for inspection and copying in In its filing with the Commission, the the Commission’s Public Reference Exchange included statements The Exchange does not believe that Room. Copies of such filing will also be concerning the purpose of and basis for the proposed rule change will impose available for inspection and copying at the proposed rule change and discussed any burden on competition that is not the principal office of the NASD. All any comments it received on the necessary or appropriate in furtherance submissions should refer to File No. proposed rule change. The text of these of the purposes of the Act. SR–NASD–00–70 and should be statements may be examined at the C. Self-Regulatory Organization’s submitted by January 2, 2001. places specified in item IV below. The Statement on Comments on the For the Commission, by the Division of Exchange has prepared summaries, set Proposed Rule Change Received From Market Regulation, pursuant to delegated forth in Sections A, B, and C below, of Members, Participants or Others authority.16 the most significant aspects of such Margaret H. McFarland, statements. The Exchange has neither solicited Deputy Secretary. A. Self-Regulatory Organization’s nor received written comments on the [FR Doc. 00–31384 Filed 12–8–00; 8:45 am] Statement of the Purpose of, and proposed rule change. BILLING CODE 8010±01±M Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the Change Proposed Rule Change and Timing for Commission Action SECURITIES AND EXCHANGE 1. Purpose COMMISSION On July 12, 2000, the Exchange filed Because the proposed rule change (1) a proposed rule change seeking to does not significantly affect the [Release No. 34±43647; File No. SR±NYSE± extend the effectiveness of the Pilot protection of investors or the public 00±52] until September 30, 2003.4 On August interest; (2) does not impose any 15, 2000, the Commission, in response significant burden on competition; and Self-Regulatory Organizations; Notice to a commenter’s request, extended the (3) does not become operative for 30 of Filing and Immediate Effectiveness comment period for the 3-Year days from the date of filing, or such of Proposed Rule Change by the New Extension Proposal until September 20, shorter time as the Commission may York Stock Exchange, Inc. To Extend 2000.5 On September 22, 2000, the Pilot designate if consistent with the the Pilot Regarding Shareholder protection of investors and the public Approval of Stock Option Plans 1 15 U.S.C. 78s(b)(1). interest, the proposed rule change has 2 Through February 28, 2001 17 CFR 240.19b–4. become effective pursuant to Section 3 Securities Exchange Act Release No. 41479, 64 November 30, 2000. FR 31667 (June 11, 1999). Pursuant to Section 19(b)(1) of the 4 Securities Exchange Act Release No. 43111 period was schedule to expire on August 31, 2000. (August 2, 2000), 65 FR 49046 (August 10, 2000) See 3-Year Extension Proposal, supra note 4. Securities Exchange Act of 1934 (‘‘3-Year Extension Proposal’’). 6 Securities Exchange Act Release No. 43329, 65 5 Securities Exchange Act Release No. 43155, 65 FR 58833 (October 2, 2000). 16 17 CFR 200.30–3(a)(12). FR 49046 (August 23, 2000). The original comment 7 15 U.S.C. 78f(b)(5).
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19(b)(3)(A) 8 of the Act and Rule 19b– 20549–0609. Copies of the submission, (the ‘‘Fund’’) based on the S&P Global 4(f)(6) 9 thereunder.10 all subsequent amendments, all written 100 Index.3 The Exchange is also A proposed Rule change filed under statements with respect to the proposed proposing the amend NYSE Rule 13 to rule 19b–4(f)(6) 11 normally does not rule change that are filed with the reflect procedures with respect to stop become operative prior to 30 days after Commission, and all written and stop limit orders for Investment the date of filing. However, Rule 19b– communications relating to the Company Units traded on the Exchange. 4(f)(6)(iii) 12 permits the Commission to proposed rule change between the The text of the proposed rule change is designate a shorter time if such action Commission and any person, other than available at the Office of the Secretary, is consistent with the protection of those that may be withheld from the the Exchange or the Commission. investors and public interest. The public in accordance with the II. Self-Regulatory Organization’s Exchange seeks to have the proposed provisions of 5 U.S.C. 552, will be Statement of the Proposed of, and rules change become operative on or available for inspection and copying in Statutory Basis for, the Proposed Rule before November 30, 2000, in order to the Commission’s Public Reference Change allow the Pilot to continue in effect on Room. Copies of such filing will also be an uninterrupted basis. available for inspection and copying at In its filing with the Commission, the The Commission, consistent with the the principal office of the Exchange. All Exchange included statements protection of investors and the public submissions should refer to File No. concerning the purpose of, and basis for, interest, has determined to make the SR–NYSE–00–52 and should be the proposed rule change and discussed proposed rule change operative submitted by January 2, 2001. any comments it received on the immediately through November 30, For the Commission, by the Division of proposed rule change. The test of these 2000. The extension of the Pilot will Market Regulation, pursuant to delegated statements may be examined at the provide the Commission with additional authority.13 places specified in item IV below. The time to review and evaluate the 3-Year Margaret H. McFarland, Exchange has prepared summaries, set Extension Proposal. Deputy Secretary. forth in sections A, B, and C below, of The Commission notes that unless the [FR Doc. 00–31385 Filed 12–8–00; 8:45 am] the most significant aspects of such Pilot is extended, the Pilot will expire BILLING CODE 8010±01±M statements. and the provisions in Sections 312.01, A. Self-Regulatory Organization’s 312.03 and 312.04 of the Exchange’s Statement of the Purpose of, and Listed Company Manual that were SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule amended in the Pilot will revert to that COMMISSION Change which were effective prior to June 4, 1999. The Commission believes that [Release No. 34±43658; File No. SR±NYSE± 00±53] 1. Purpose such a result could lead to confusion. The Exchange proposes to list and Based on these reasons, the Self-Regulatory Organizations; Notice trade under Section 703.16, Investment Commission believes that it is of Filing and Order Granting Company Units of the LCM, shares of consistent with the protection of Accelerated Approval of a Proposed the Fund based on the S&P Global 100 investors and the public interest that the Rule Change by the New York Stock Index (the ‘‘Index’’ or the ‘‘Underlying proposed rule change become operative Exchange, Inc. Relating to the Listing Index’’). The Fund is included in the immediately through February 28, 2001. and Trading of an Exchange Traded Share Trust (the ‘‘Trust’’),4 and Barclays At any time within 60 days of the filing Fund Based on the S&P Global 100 Global Fund Advisors (‘‘BGFA’’), a of the proposed rule change, the Index subsidiary of Barclays Global Investors, Commission may summarily abrogate N.A. (‘‘BGI’’), acts as the advisor (the such rule change if it appears to the December 1, 2000. ‘‘Advisor’’) to the Fund. Standard & Commission that such action is Pursuant to Section 19(b)(1) of the Poor’s (‘‘S&P’’), a division of The necessary or appropriate in the public Securities Exchange Act of 1934 McGraw-Hill Companies, Inc., is the interest, for the protection of investors, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Index provider. The Index is sponsored or otherwise in furtherance of the notice is hereby given that on November by S&P and the Exchange, with the purposes of the Act. 29, 2000, the New York Stock Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with additional collaboration of several major 5 IV. Solicitation of Comments the Securities and Exchange exchanges from around the world. Interested persons are invited to Commission (‘‘SEC’’ or ‘‘Commission’’) The underlying index. A detailed submit written data, views and the proposed rule change as described description of the Underlying Index for arguments concerning the foregoing, in Items I, II, and III below, which Items the Fund prepared by S&P was filed as including whether the proposal is have been prepared by the Exchange. Exhibit 2. This description includes, but consistent with the Act. Persons making The Commission’s is publishing this 3 The Fund will be listed and traded pursuant to written submissions should file six notice to solicit comments on the Section 703.16, Investment Company Units, of the copies thereof with the Secretary, proposed rule change from interested Exchange’s Listed Company Manual (‘‘LCM’’). Securities and Exchange Commission, persons and to approve the proposal on 4 The Trust is registered under the Investment 450 Fifth Street NW., Washington, DC an accelerated basis. Company Act of 1940, as amended (‘‘1940 Act’’). The Trust has filed with the Commission a I. Self-Regulatory Organization’s Registration Statement on the Form N–1/A under 8 15 U.S.C. 78s(b)(3)(A). Statement of the Terms of Substance of the Securities Act of 1933, as amended and under 9 17 CFR 240.19b–4(f)(6). the 1940 Act relating to the Fund (File No. 333– 10 As required under Rule 19b–4(f)(6)(iii), the the Proposed Rule Change 92935 and 811–09729). Exchange provided the Commission with written The Exchange proposes to list and 5 The Index was developed jointly by S&P and the notice of its intent to file the proposed rule change trade shares of an exchange traded fund Exchange, and the Exchange is represented on, at least five business days prior to the filing date although it does not control, the S&P committee or such shorter time as designated by the responsible for Index maintenance. The Commission. 13 17 CFR 200.30–3(a)(12). Commission notes that the firewall provisions 11 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1). proposed in SR–NYSE–00–46 will apply to this 12 17 CFR 240.19b–4(f)(6)(iii). 2 17 CFR 240.19b–4. Investment Company Unit.
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The annual continued listing fee for the 2. Statutory Basis IV. Commission’s Findings and Order Fund will be $2,000. Granting Accelerated Approval of The Exchange believes that the Stop and stop limit orders. Since Proposed Rule Change proposed rule change is consistent with Investment Company Units issued Section 6 of the Act 12 in general and After careful consideration, the pursuant to Section 703.16, Investment furthers the objectives of Section 6(b)(5) Commission finds that the proposed Company Units, of the LCM are of the Act 13 in particular in that it is rule change is consistent with the derivatively priced based upon another designed to prevent fraudulent and requirements of the Act and the rules security or index of securities, the manipulative acts and practices, to and regulations thereunder applicable to Exchange is proposing to amend NYSE promote just and equitable principles of a national securities exchange, and, in Rule 13 to provide that stop and stop trade, to foster cooperation and particular, with the requirements and of limit orders to buy or sell Investment 14 coordination with persons engaged in Section 6(b)(5) of the Act. The Company Units shall, with the prior facilitating transactions in securities, to Commission believes that the approval of a Floor Governor or two remove impediments to and perfect the Exchange’s proposal to list and trade Floor Officials, be elected by a mechanism of a free and open market shares of the Fund based on S&P Global quotation. Fund Shares will be eligible and a national market system and, in Index will provide investors with a for this treatment. The proposed rule general, to protect investors and the convenient and efficient way of change would require a Floor Governor public interest. participating in the securities markets, or two Floor Officials to give approval including involvement with equities for this treatment. The Exchange B. Self-Regulatory Organization’s issued by foreign investors. The believes this is an appropriate Statement on Burden on Competition Exchange’s proposal should also precaution given the newness of the rule The Exchange does not believe that provide investors with increased to the Exchange. After a month or two the proposed rule change will impose flexibility in satisfying their investment of experience with the new rule, the any burden on competition. needs by allowing them to purchase and Exchange anticipates that it will file an sell a single security, at negotiated additional rule change to allow approval C. Self-Regulatory Organization’s prices throughout the business day that by only one Floor Official to suffice. Statement on Comments on the replicates the performance of a portfolio Trading halts. The Exchange may Proposed Rule Change Received From of stocks. Accordingly, as discussed consider all relevant factors in Members, Participants or Others below, the Commission finds that the exercising its discretion to halt or The Exchange has neither solicited Exchange’s proposal will promote just suspend trading in the Fund. Trading on and equitable principles of trade, foster nor received any written comments on the Exchange in the Fund Shares may be cooperation and coordination with the proposed rule change. halted because of market conditions or persons engaged in regulating, clearing, for reasons that, in the view of the III. Solicitation of Comments settling, processing information with Exchange, make trading in the Fund respect to, and facilitating transactions Interested persons are invited to Shares inadvisable. These may include in securities, and, in general, protect submit written data, views and (1) the extent to which trading is not investors and the public interest arguments concerning the foregoing, occurring in stocks in the Index or (2) consistent with Section 6(b)(5) of the including whether the proposed rule other unusual conditions or Act.15 change is consistent with the Act. circumstances detrimental to Section 703.16 of the LCM provides Persons making written submissions maintenance of a fair and orderly for the listing and trading of Investment should file six copies thereof with the market. In addition, trading in Fund Company Units, which are shares that Secretary, Securities and Exchange Shares is subject to trading halts caused represent an interest in a registered Commission, 450 Fifth Street NW, by extraordinary market volatility investment company that could be Washington, DC 20549–0609. Copies of pursuant to Exchange’s ‘‘circuit organized as a unit investment trust, an the submission, all subsequent breaker’’ rules (NYSE Rule 80A). open-end management investment amendments, all written statements Surveillance procedures. The company, or similar entity. The with respect to the proposed rule Exchange’s written Surveillance Commission believes that the listing and change that are filed with the procedures for Fund Shares will be trading Fund Shares based on the S&P Commission, and all written similar to the procedures utilized for Global 100 Index will provide investors communications relating to the other Investment Company Units. with an alternative to trading a broad proposed rule change between the Prospectus delivery and information range of securities on an individual Commission and any person, other than circular. Prior to commencement of basis, and will give investors the ability those that may be withheld from the trading in the Fund on the Exchange, to trade a product representing an public in accordance with the the Exchange will issue an information interest in a portfolio of securities provisions of 5 U.S.C. 552, will be circular informing members and designed to reflect substantially the available for inspection and copying in member firms that investors purchasing applicable underlying index. The Fund the Commission’s Public Reference Fund Shares shall be required to receive should allow investors to: (1) Respond Room. Copies of such filing will also be a prospectus prior to or concurrently quickly to market changes through intra- available for inspection and copying at with the confirmation of a transaction in day trading opportunities; (2) engage in the principal office of the above- Fund Shares. The information circular hedging strategies similar to those used mentioned self-regulatory organization. will also inform members and member by institutional investors; and (3) reduce All submissions should refer to File No. firms of the characteristics of the Fund transaction costs for trading a portfolio SR–NYSE–00–53 and should be and of applicable Exchange Rules, of securities. including suitability rules.11 submitted by January 2, 2001. 14 15 U.S.C. 78f(b)(5). In approving this rule, the 11 As per telephone conversation between James Market Regulation, Commission, November 30, Commission notes that it has considered the F. Duffy, Senior Vice President and Associate 2000. proposed rule’s impact on efficiency, competition, General Counsel, Office of the General Counsel, 12 15 U.S.C. 78f(b). and capital formation. 15 U.S.C. 78c(f). NYSE, and Heather Traeger, Attorney, Division of 13 15 U.S.C. 78f(b)(5). 15 15 U.S.C. 78f(b)(5).
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Although the Fund is not a leveraged Act of 1933 will apply both to initial Furthermore, the Commission instrument, and, therefore, does not investors and to all investors purchasing believes that the Exchange’s proposal to possess any of the attributes of stock such securities in secondary market trade the Fund in minimum fractional index options, its prices will be derived transactions on the Exchange. The increments of 1⁄64 of $1.00 is consistent and based upon the securities and the Commission also notes that the with the Act. The Commission believes cash held in the Fund. Accordingly, the Exchange will issue an information that such trading should enhance level of risk involved in the purchase or circular to its members explaining the market liquidity, and should promote sale of this Fund is similar to the risk unique characteristics of this type of more accurate pricing, tighter involved in the purchase or sale of security prior to the commencement of quotations, and reduced price traditional common stock, with the trading in shares of the Fund. The fluctuations. The Commission also exception that the pricing mechanism circular also will address members’ believes that such trading should allow for the Fund is based on a portfolio of responsibility to deliver a prospectus or customers to receive the best possible securities. Based on these factors, the product description to all investors. execution of their transactions in the Commission believes that it is Fund. Additionally, the Commission C. Listing and Trading of the Index appropriate to regulate the Fund in a believes that the proposed original Fund Shares manner similar to other equity listing fee of $5,000 is reasonable as is securities. Nevertheless, the The Commission finds that adequate the proposed annual fee of $2,000. Commission believes that the nature of rules and procedures exist to govern the D. Dissemination of Information the Fund raises certain product design, listing and trading of the Fund. The Regarding the Fund disclosure, trading, market impact and Fund will be subject to the full panoply other issues that must be addressed of the Exchange’s listing, delisting or The Commission believes that the adequately. As discussed in more detail suspension rules and procedures Values and figures that the Exchange below, the Commission believes the governing the trading of Investment proposes to have disseminated for the Exchange has adequately addressed Company Units. The Fund will be Fund will provide investors with timely these concerns. deemed an equity security subject to all and useful information concerning the rules governing the trading of equity value of the Fund. The Exchange A. The Fund Generally securities, including, among others, represents that the value information The Commission believes that the rules governing trading halts, notices to will be disseminated, every 15 seconds proposed Fund is reasonably designed members, responsiblities of the during regular trading hours, through to provide investors with an investment specialist, customer suitability the facilities of the CTA and will reflect vehicle that substantially reflects in requirements, and the election of a stop currently available information value the index it is based upon. In this and stop limit order. The Exchange’s concerning the value for Shares of the regard, the Commission notes that the surveillance procedures for Investment Fund. On a daily basis, the Exchange Fund will use an ‘‘indexing’’ investment Company Units will be applicable to the represents that it will disseminate the approach that attempts to replicate, Fund. The Commission believes that the Shares outstanding, the cash amount per before expenses, the performance of the Exchange’s surveillance procedures are Creation Unit Aggregation, and the net Index. The Commission notes that the adequate to address the concerns asset value. The Exchange represents Fund uses representative sampling to associated with the listing and trading that the closing prices of the Fund’s track the Underlying Index. The of this Fund, including any concerns Deposit Securities are readily available Commission also notes that the Fund associated with purchasing and from, as applicable, the relevant will normally invest at least 90% of its redeeming Creation Units. The exchanges, automated quotation total assets in stocks that comprise the Commission further finds that systems, or on-line information services Underlying Index. The Commission permitting stop and stop limit orders to such as Bloomberg or Reuters. The intra- believes that the component selection be elected by a quotation for Investment day value of the Underlying Index will and replacement procedures for the Company Units is consistent with the be available from S&P. Fund should help to ensure that the Act and should facilitate the trading of E. Accelerated Approval component securities generally remain such securities. highly capitalized and actively traded. In addition, the Exchange has The Commission finds good cause for designated that a minimum of two approving the proposed rule change B. Disclosure Creation Units, at approximately 50,000 prior to the thirtieth day after the date The Commission believes that the shares each, will be required to be of publication of notice thereof in the Exchange’s proposal should help to outstanding at the start of trading. The Federal Register pursuant to Section ensure that investors are adequately Commission believes this minimum 19(b)(2) of the Act. The Commission apprised of the terms, characteristics, number will be sufficient to help to notes that the proposed rule change is and risks of trading the Fund. As noted ensure that a minimum level of liquidity based on the listing and trading above, all investors will receive a will exist at the start of trading. standards in Section 703.16, Investment prospectus regarding the product, prior Furthermore, the Commission finds that Company Unites, of the LCM, which the to or concurrently with the confirmation registering the Fund shares in book- Commission previously approved after of a transaction therein. In addition, the entry form through DTC, managing the soliciting public comment on the Trust intends to maintain a website that distribution of dividends from net proposal pursuant to Section 19(b)(1) of will include the Fund prospectus and investment income, if any, and the Act.16 The Commission does not additional quantitative information that permitting beneficial owners of the believe that the proposed rule change is updated on a daily basis. Fund to offer the DTC book-entry raises novel regulatory issues that were The Commission notes that the Fund Dividend Reinvestment Service are not addressed in the filing. Accordingly, would be subject to the Exchange’s rules characteristics of the Fund that are the Commission believes it is and procedures for Investment consistent with the Act and should appropriate to permit investors to Company Units. Because the Fund will allow for the maintenance of fair and benefit from the flexibility afforded by be in continuous distribution, the orderly markets and perfect the delivery requirements of the Securities mechanism of a free and open market. 16 15 U.S.C. 78s(b)(1).
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Items I, II, and III below, which Items Rule 641. Reporting, Record Keeping Rule 642. Examination of Off-Floor have been prepared by the Exchange. and Regulatory Requirements for Off Traders The Commission is publishing this Floor Traders and Off-Floor Trading notice to solicit comments on the Organizations The Exchange shall have the right to proposed rule change from interested conduct examinations of all off-floor persons. All member organizations and trading firms, and of all affiliated participant organizations engaged in traders of such off-floor trading firms, I. Self-Regulatory Organization’s proprietary or agency trading of whether natural persons or other Statement of the Terms of Substance of securities from off the floor of the entities, including, but not limited to, the Proposed Rule Change Exchange for whom the Exchange is the affiliated traders, and any person or Designated Examining Authority (‘‘off- other entity engaged in lending, The Phlx proposes to adopt new floor firms’’) shall: borrowing, investing, or other financing Exchange Rules 641, 642, 643, and 644 (a) not less frequently than annually, related to the off-floor trading firm and/ concerning reporting, examination, make an affirmative inquiry of each or its affiliated traders. The terms used recordkeeping, and disclosure individual off-floor trader or trading in this Rule shall have the same requirements related to off-floor trading entity affiliated with such off-floor firm meaning as in Rule 641. organizations and their affiliated (each an ‘‘affilliated trader’’), Rule 643. Ownership of Accounts. traders. concerning (i) any and all loan or Affiliated Members of Off-Floor Trading Specifically, the rules would require lending arrangements entered into by Organizations off-floor member organizations for the individual affiliated trader or whom the Exchange is the Designated trading entity as borrower, including an (a) Any affiliated trader of an off-floor Examining Authority (‘‘DEA’’) to make inquiry of the names, addresses, and trading firm engaged in off-floor trading affirmative inquiry of their affiliated affiliations of any person or entity shall be either (i) a natural person; or (ii) traders regarding the sources of their involved, and dollar amounts borrowed if not a natural person, an entity, which funding and to disclose to the Exchange or loaned; (ii) any and all investment shall be organized and have its annually all borrowing, lending, arrangements entered into by the registered office in a state or possession investment, or other financing activity individual affiliated trader whereby any of the United States or the District of relating to the organization. person or entity has an investment or Columbia, and which is 100% owned equity interest in the affiliated trader or and controlled by one natural person For those off-floor traders that are any account over which such affiliated engaged in off-floor trading for the affiliated with off-floor member trader has trading authority, including account of such entity. With respect to organizations and that are organized as an inquiry of the names, addresses, and entities other than individuals (e.g., affiliations of any person or entity Section (ii) hereof, the natural person corporations or limited liability involved, and the dollar amounts shall be registered with the Exchange in companies (‘‘LLCs’’)), the proposed invested; (iii) any and all third parties, accordance with Exchange Rule 604, rules also would require that each including natural persons or other and shall be required to be qualified as individual trader that trades in the entities, which share in the profits or set forth in Exchange Rule 604(e). account of such an entity: (i) Be a direct losses of any account of an affiliated (b) With respect to affiliated traders shareholder or member of the trader of such off-floor firm; which are not natural persons, the off- organization; or (ii)(A) hold his or her (b) make reasonable investigation as floor firm shall make an annual, ownership interest through an to whether any relationship disclosed as affirmative inquiry into the ownership intermediate entity (such as a a result of the inquiry referred to in rule status of such an entity to ensure corporation or an LLC), (B) be the sole 641(a) (or otherwise coming to the compliance with Section (a)(ii) of this shareholder or member of such attention of the off-floor firm) is in Rule, and shall report the results of such intermediate entity, and (C) be the sole compliance with all the regulations set annual inquiry in writing to the person authorized to trade for the forth in Rule 641(c) below; Exchange. The Exchange may, in its account identified with such individual (c) annually certify to the Exchange, discretion, require evidence and or intermediate entity. In any case, the in writing, that based upon such inquiry identification of the ultimate beneficial individual trader would be subject to (i) such off-floor firm has made all interest in such an entity. An entity the examination and registration inquiries required pursuant to Rule referred to in Section (a)(ii) hereof, and requirements applicable to individual 641(a); (ii) such off-floor firm and its any natural person engaged in off-floor traders. affiliated traders are in compliance with trading in the account of such an entity, In addition, the proposed rules would all applicable laws, including, but not shall be subject to the examination and require off-floor member firms to limited to, the Securities Exchange Act registration requirements set forth in represent that their affiliated traders and of 1934, the Investment Company Act of Exchange Rule 604(e). trading entities are in compliance with 1940, the Investment Advisers Act of (c) Any off-floor firm or affiliated certain federal and state laws. Finally, 1940, and any applicable state laws; trader may apply for an exemption from the proposed rules would allow the and (iii) that such off-floor firm or the provisions set forth in this Rule. The Exchange to conduct examinations of affiliated trader (A) carries no customer Exchange shall have the right to affiliated traders of off-floor trading accounts and (B) does not trade in an demand the Opinion of Counsel of the account on behalf of investors or lenders firms, whether natural persons or other off-floor firm or affiliated trader who share in the profits of such account entities. regarding the applicant’s compliance (‘‘de facto customer account’’); and with applicable laws, including, but not The text of the proposed rule change (d) maintain all records pertaining to limited to, the Securities Exchange Act is set forth below. New language is in affiliated traders and accounts of of 1934, The Investment Company Act italics. affiliated traders for a minimum of three of 1940, the Investment Advisers Act of years in a readily accessible location. 1940, and any applicable state laws.
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Rule 644. Disclosure by Off-Floor of the firm and hold equity interests in 1940, the Investment Advisers Act of Trading Organizations the firm. These traders are not regarded 1940, or state securities laws. All off-floor trading firms shall as ‘‘customers’’ of the firm. The typical The proposed rules would allow the annually disclose to the Exchange, in Phlx member that is an LLC has a Exchange’s Examinations Department to writing: clearing arrangement with another monitor more closely the activities of (a) All borrowing, lending, member firm whereby the latter clears off-floor traders and off-floor trading investment, or other financing activity all transactions for the LLC through a firms for whom the Exchange is the relating to the off-floor trading single account. Individual off-floor DEA, and would require such off-floor organization; and traders and trading entities trade as trading firms to inquire into, and more (b) the names, addresses, and affiliated members of the LLC by way of closely monitor, the activities and telephone numbers of all persons or ‘‘sub-accounts’’ with the LLC. financing arrangements of their other entities which engage in One mail purpose of the proposed affiliated individual traders and trading borrowing, lending, investment, or other new rules is to ensure that off-floor entities. Another purpose of the proposed financing activity relating to the off-floor traders and trading entities affiliated rules is to require off-floor member firm. with off-floor member firms for which (c) The Exchange may, in its the Exchange is the DEA are not trading firms to represent to the Exchange that discretion, demand written certification on behalf of customers. The proposed they will make inquiries concerning from off-floor trading organizations of rules would enable the Exchange to investment and other arrangements which, it undertaken by the off-floor their compliance with applicable laws, determine whether such affiliates have member firms or by their affiliated including, but not limited to, the certain third-party financing traders, could legally cause such off- Securities Exchange Act of 1934, The arrangements in place which would floor member firms or their affiliated Investment Company Act of 1940, the cause them to be engaged in trading on traders to become an unregistered Investment Advisers Act of 1940, and behalf of customers or de facto investment company, investment any applicable state laws. customers because, for example, the ‘‘lender’’ or ‘‘investor’’ shares in the advisory firm, or broker-dealer. For II. Self-Regulatory Organization’s trading profits and losses of traders example, the relationship between an Statement of the Purpose of, and affiliated with the firms.4 individual off-floor trader and an Statutory Basis for, the Proposed Rule The Phlx’s proposal would require investor who shares in the profits and Change that, for off-floor firms for which the losses associated with that off-floor In its filing with the Commission, the Phlx is the DEA, traders who are also trader’s account could be construed as Phlx included statements concerning members of the firm (in the case of firms an advisory relationship, whereby the the purpose of and basis for the organized as LLCs) either hold their off-floor trader makes investment proposed rule change and discussed any membership interests directly or decisions on behalf of, or dispenses comments it received on the proposed indirectly through a legal entity that is investment advice to, the investor. rule change. The text of these statements wholly owned by them, unless the firm Although the Exchange does not directly enforce securities laws other may be examined at the places specified has obtained a waiver from the Phlx. To than those pertaining to the Act,6 a in Item IV below. The Phlx has prepared allow a member to hold his membership failure to comply with these other laws summaries, set forth in Sections A, B, interest in the LLC indirectly through a could be a threat to customers, investor and C below, of the most significant legal entity that, itself, has multiple protection, and the soundness of the off- aspects of such statements. shareholders could result in one individual trading on behalf of an floor firm, and result in violations of A. Self-Regulatory Organization’s unlimited number of co-owners. While Exchange rules such as, without Statement of the Purpose of, and the proposed rule does not preclude limitation, rules pertaining to books and Statutory Basis for, the Proposed Rule multiple owners,5 the main reason why records, net capital requirements, Change such off-floor firms are Phlx DEA supervisory procedures, and margin requirements. 1. Purpose members is because such firms do not carry public customer accounts. Under The proposed rules would require off- Phlx member firms for which the certain circumstances, the multiple floor firms for which the Exchange is Exchange is the DEA generally do not owners of such affiliated trading firms the DEA to provide annual reports to the carry public customer accounts. If a could be deemed ‘‘customers’’ of the Exchange concerning such firm’s Phlx member firm carries customer individual who is conducting trading inquiries into its affiliated traders and accounts, it is required to become a activities on their behalf. In that event, trading entities, and to annually member of a national securities regulatory requirements applicable to disclose in writing to the Exchange its association (e.g., the National firms with ‘‘customers’’ would attach to borrowing, lending, investment, or other Association of Securities Dealers such a member firm. financing activities (including names, (‘‘NASD’’)). Under agreements that the In addition, certain other addresses, and telephone numbers of all Phlx has entered into with other self- unanticipated legal and regulatory persons or other entities who engage in 7 regulatory organizations (‘‘SROs’’) in problems could arise, such a triggering such activities). accordance with Rule 17d–2 under the registration and other requirements 3 6 Act, any Phlx member that is also a under the Investment Company Act of See Phlx Rule 960. member of another SRO (including the 7 Phlx Rule 783 requires members and member NASD) would be assigned to another organizations to report to the Exchange any 4 If an off-floor trading firm were engaged in financial arrangement entered into with another DEA. trading on behalf of customers, it would be required member, member organization, foreign currency Typically, off-floor trading firms that to comply with a variety of regulatory and participant, or participant organization, or a general are Phlx members are structured as procedural requirements, such as Rules 15c3–1 and partner, voting shareholder, or any associated LLCs. In most cases, the individual 15c3–3 under the Act, 17 CFR 240.15c–3 and person thereof, or a non-member. A ‘‘financial 240.15c3–3. arrangement’’ is defined in Rule 783 as: (1) The traders at the firm are also ‘‘members’’ 5 Any off-floor firm or affiliated trader may apply direct financing of a member or participant for an exemption from the single-shareholder organization’s dealings upon the Exchange with the 3 17 CFR 240.17d–2. requirement pursuant to proposed Rule 643(c). Continued
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2. Statutory Basis publishes its reasons for so finding, or unions, environmental groups and The Phlx believes the proposed rule (ii) as to which the Exchange consents, government bureaus and agencies. The change is consistent with Section 6 of the Commission will: Committee will follow the procedures the Act 8 in general and Section 6(b)(5) 9 (A) By order approve such proposed prescribed by the Federal Advisory in particular in that it is designed to rule change; or Committee Act (FACA). Meetings will (B) Institute proceedings to determine perfect the mechanisms of a free and be open to the public unless a whether the proposed rule change open market and a national market determination is made in accordance should be disapproved. system, and to protect investors and the with the FACA Section 10(d), 5 U.S.C. public interest, by requiring diligence IV. Solicitation of Comments Any questions concerning this committee should be referred to the on the part of off-floor member firms for Interested persons are invited to which the Exchange is the DEA in Executive Secretary, Stephen M. Miller submit written data, views, and at (202) 647–6961. examining the financing and investment arguments concerning the foregoing, arrangements of their affiliated traders including whether the proposed rule Dated: December 6, 2000. and trading entities, and by requiring change is consistent with the Act. Mira Piplani, off-floor member firms to report the Persons making written submissions International Transportation and Commercial results of such examinations to the should file six copies thereof with the Officer. Exchange. The Exchange believes that Secretary, Securities and Exchange [FR Doc. 00–31583 Filed 12–7–00; 2:26 pm] the proposal will help ensure that the Commission, 450 Fifth Street NW., BILLING CODE 4710±07±P rules and provisions of the Act that are Washington DC 20549–0609. Copies of designed to promote customer the submission, all subsequent protection and the financial soundness amendments, all written statements DEPARTMENT OF STATE of broker-dealers are followed, and with respect to the proposed rule [Public Notice No. 3470] should facilitate the Exchange’s change that are filed with the examination and enforcement functions. Commission, and all written Shipping Coordinating Committee; B. Self-Regulatory Organization’s communications relating to the Subcommittee on Stability of Load Statement on Burden on Competition proposed rule change between the Lines and on Fishing Vessels Safety; Commission and any person, other than Notice of Meeting Cancellation The Phlx does not believe that the those that may be withheld from the proposed rule change would impose any public in accordance with the On November 15, 2000, 65 FR 69118, inappropriate burden on competition. provisions of 5 U.S.C. 552, will be the United States Coast Guard published Notice #3466 to announce a meeting of C. Self-Regulatory Organization’s available for inspection and copying in the Shipping Coordinating Committee to Statement on Comments on the the Commission’s Public Reference be held on Monday, December 11, 2000. Proposed Rule Change Received From Room. Copies of such filings will also be The purpose of this meeting was to Members, Participants, or Others available for inspection and copying at the principal office of the Phlx. All review the agenda items to be No written comments were solicited submissions should refer to File No. considered at the forty-fourth session of or received. SR–Phlx–00–92 and should be the Subcommittee on Stability and Load III. Date of Effectiveness of the submitted by January 2, 2001. Lines and on Fishing Vessels Safety (SLF 44) of the International Maritime Proposed Rule Change and Timing for For the Commission, by the Division of Commission Action Market Regulation, pursuant to delegated Organization (IMO). authority.10 This notice is to announce that the Within 35 days of the date of Margaret H. McFarland, meeting is cancelled. publication of this notice in the Federal For further information, please Deputy Secretary. Register or with such longer period (i) contact Mr. Paul Cojeen, U.S. Coast as the Commission may designate up to [FR Doc. 00–31382 Filed 12–8–00; 8:45 am] Guard Headquarters, Commandant (G– 90 days of such date if it finds such BILLING CODE 8010±01±M MSE–2), room 1308, 2100 Second longer period to be appropriate and Street, SW., Washington, DC 20593– 0001 or by calling (202) 267–2988. exception of clearing arrangements; (2) any direct DEPARTMENT OF STATE equity investment or profit sharing arrangement; (3) Dated: December 6, 2000. any consideration over the amount of $5000 that [Public Notice No. 3493] Mira Piplani, constitutes a gift, loan, salary, or bonus; and (4) the Shipping Coordinating Committee; International Transportation and Commercial guarantee of a trading account with the exception Officer. of clearing arrangements. The proposed rules would Renewal of the Shipping Coordinating apply to financial arrangements of affiliated traders Committee [FR Doc. 00–31584 Filed 12–7–00; 2:26 pm] and trading entities of the off-floor trading firms, BILLING CODE 4710±07±P and to the requirement of off-floor trading firms to The Department of State is renewing conduct examinations of such affiliated traders and trading entities, and to report thereon to the the Shipping Coordinating Committee to Exchange. To the extent that an off-floor member solicit the view of interested members of DEPARTMENT OF STATE firm has made a report of a financial arrangement the public and government agencies on [Public Notice No. 3469] pursuant to Rule 783 which is identical to a report maritime policy issues, for the guidance required under the proposed rules, no such identical report would be required by the off-floor of U.S. delegations to international Shipping Coordinating Committee; member firm. This would eliminate the meetings on these matters. The Under Subcommittee on Standards of unnecessary duplication of reporting by the off- Secretary for Management has Training and Watchkeeping; Notice of floor member firm. Notwithstanding this exception, determined that the committee is Meeting Cancellation off-floor member firms subject to these proposed necessary and in the public interest. rules would be responsible for any other disclosure, examination, or other reporting required by the Membership includes representatives On November 15, 2000, 65 FR 69118, proposed rules. from the maritime industry, labor the United States Department of State 8 15 U.S.C. 78f. published notice #3467 to announce a 9 15 U.S.C. 78f(b)(5). 10 17 CFR 200.30–3(a)(12). meeting of the Shipping Coordinating
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Committee to be held on Thursday, Seventh Street, SW., Washington, DC overpacked to contain leaking or to safeguard December 14, 2000. The purpose of this 20590–0001. The application and all against potential leaking. When containers meeting was to review the agenda items comments are also available on-line are overpacked, the transporter shall affix labels to the overpack container, which are to be considered at the thirty-second through the home page of DOT’s Docket identical to the labels on the original session of the Subcommittee on Management System, at ‘‘http:// shipping container; * * * Standards of Training and dms.dot.gov.’’ Watchkeeping (STW 32) of the Comments must refer to Docket No. In its application, Kiesel stated that it International Maritime Organization RSPA–00–7740 and may be submitted is a licensed hazardous waste (IMO). to the docket either in writing or transporter that has a rail siding at its This notice is to announce that the electronically. Send three copies of each facility located within the City of St. meeting is cancelled. written comment to the Dockets Office Louis, Missouri. Kiesel stated that it For further information, please at the above address. If you wish to has been in discussions regarding the use of contact Chief, Office of Operating and receive confirmation of receipt of your the rail siding at its facility to provide a Environmental Standards, U.S. Coast written comments, include a self- transfer point for the off loading of hazardous Guard Headquarters, Commandant (G– addressed, stamped postcard. To submit waste from rail cars to tankers or vacuum MSO), room 1210, 2100 Second Street, trucks for transport to a disposal site in comments electronically, log onto the Illinois licensed to receive and dispose of SW, Washington, DC, 20593–0001 or by Docket Management System website at hazardous waste. The transfer of hazardous calling LCDR Luke Harden at: (202) http://dms.dot.gov, and click on ‘‘Help waste from the rail car to a trailer or a 267–1838. & Information’’ to obtain instructions. vacuum truck would constitute December 6, 2000. A copy of each comment must also be recontainerization which is prohibited under Missouri regulations. Mira Piplani, sent to (1) Kiesel’s attorney, Mr. Richard Greenberg, Greensfelder, Hemker & International Transportation and Commercial Notice of Kiesel’s application was Officer. Gale, P.C., 2000 Equitable Bldg., 10 published in the Federal Register on South Broadway, St. Louis, MO 63102– [FR Doc. 00–31585 Filed 12–7–00; 2:26 pm] August 14, 2000, and interested parties 1774, and (2) Mr. Stephen M. Mahood, BILLING CODE 4710±07±P were invited to submit comments by Director, Missouri Department of September 28, 2000, and rebuttal Natural Resources, P.O. Box 176, comments by November 13, 2000. 65 FR Jefferson City, MO 65102. A certification DEPARTMENT OF TRANSPORTATION 49633. In the August 14, 2000 public that a copy has been sent to these notice, RSPA also referred to DNR’s Research and Special Programs persons must also be included with the regulations on transporters of hazardous Administration comment. (The following format is waste set forth in 10 CSR 25–6.263; the suggested: ‘‘I certify that copies of this lack of any general prohibition in the [Docket No. RSPA±00±7740 (PDA±25(R))] comment have been sent to Messrs. Hazardous Materials Regulations Greenberg and Mahood at the addresses (HMR), 49 CFR Parts 171–180, against Application by the Kiesel Company for specified in the Federal Register.’’) the transfer of hazardous materials from a Preemption Determination as to A list and subject matter index of one container to another; and Kiesel’s Missouri Prohibition Against hazardous materials preemption cases, argument that ‘‘an identical regulation’’ Recontainerization of Hazardous including each Inconsistency Ruling was found to be preempted in PD–12(R), Waste at a Transfer Facility (IR) and Preemption Determination (PD) New York Department of Environmental AGENCY: Research and Special Programs issued by DOT, are available through Conservation Requirements on the Administration (RSPA), DOT. the home page of RSPA’s Office of the Transfer and Storage of Hazardous ACTION: Notice of Reopening Period for Chief Counsel, at ‘‘http://rspa- Waste Incidental to Transportation, 63 Public Comment atty.dot.gov.’’ A paper copy of this list FR 62517 (Dec. 6, 1995), decision on and index will be provided at no cost petition for reconsideration, 65 FR SUMMARY: RSPA is reopening the period upon request to Mr. Hilder (see ‘‘For 15970 (Apr. 3, 1997), petition for for interested parties to submit Further Information Contact’’ below). judicial review dismissed, New York v. comments on an application by The FOR FURTHER INFORMATION CONTACT: U.S. Dep’t of Transportation, 37 F. Kiesel Company (Kiesel) for an Frazer C. Hilder, Office of the Chief Supp. 2d 152 (N.D.N.Y. 1999). 65 FR at administrative determination whether Counsel, Research and Special Programs 49633. In parts II and III of the August Federal hazardous material Administration, U.S. Department of 14, 2000 public notice, RSPA discussed transportation law preempts a Missouri Transportation, 400 Seventh Street, the preemption provisions in 49 U.S.C. regulation prohibiting the SW., Washington, DC 20590–0001 (Tel. 5125 and the procedures for issuing recontainerization of hazardous waste No. 202–366–4400). preemption determinations. Id. at by a transporter at a transfer facility. SUPPLEMENTARY INFORMATION: 49634–35. DATES: Additional comments received II. Comments Received and Request to on or before January 25, 2001, and I. Background Withdraw Application rebuttal comments received on or before In a June 28, 2000 letter, Kiesel March 12, 2001, will be considered applied for a determination that Federal In response to the August 14, 2000 before issuing an administrative ruling hazardous material transportation law, public notice, RSPA has received the on Kiesel’s application. Rebuttal 49 U.S.C. 5101 et seq., preempts the following submissions: comments may discuss only those prohibition against recontainerization of —An August 30, 2000 letter from Kiesel issues raised previously or by comments hazardous waste in a regulation of the clarifying that it had not been advised received during the initial comment Missouri Department of Natural by DNR that transferring hazardous period and may not discuss new issues. Resources (DNR) at 10 CSR 25– waste from a rail car to a motor ADDRESSES: The application and all 6.263(2)(A).10.H: vehicle would constitute a prohibited comments received may be reviewed in Recontainerization of hazardous wastes at recontainerization of hazardous the Dockets Office, U.S. Department of a transfer facility is prohibited; however, waste, contrary to RSPA’s Transportation, Room PL–401, 400 hazardous waste containers may be understanding from Kiesel’s mention
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of ‘‘discussions’’ in its application. indicate whether it operates in Regulations on Transportation of See 65 FR at 49634. In this letter, Missouri. Radioactive Materials, 54 FR 16326 Kiesel also stated that ‘‘the plain —An October 12, 2000 letter from Kiesel (Apr. 21, 1989), aff’d, Colorado Pub. language of the regulation would stating that it had no objection to a 30- Util. Comm’n v. Harmon, 951 F.2d 1571 encompass this practice as it would day extension of the period to (10th Cir. 1991), reversing No. 88–Z– require that rail cars of bulk comment on its application in this 1524 (D. Colo. 1989). hazardous waste would be placed in matter to ‘‘allow further clarification Any interested person may submit new and different containers such as of the position of the Department of comments on an application for a vacuum trucks or tank trailers.’’ Natural Resources and determine if a preemption determination, unlike a —A September 28, 2000 comment from preemption determination is lawsuit where the proceedings are National Tank Truck Carriers, Inc. necessary given the public position of limited to the named parties. 49 CFR (NTTC) which reads the Missouri the Department.’’ 107.205(c). And RSPA may go beyond regulation to prohibit ‘‘the transfer of —An October 30, 2000 letter from Kiesel the application and comments to [a hazardous] product from one stating that it had received ‘‘written ‘‘initiate an investigation of any container to another.’’ NTTC stated assurances’’ from DNR that the statements in an application and utilize that it is ‘‘a national trade association prohibition against recontainerization * * * any relevant facts obtained by composed of approximately 200 of hazardous wastes ‘‘does not apply that investigation’’ and ‘‘may consider trucking companies which specialize to the transfer of hazardous wastes any other source of information.’’ 49 in the transportation of hazardous transferred from railcars to trucks.’’ CFR 107.207(a). Following issuance of a materials, hazardous wastes and Kiesel did not provide a copy of the determination, any ‘‘aggrieved’’ person hazardous substances in cargo tank written assurances it had received may file a petition for reconsideration, motor vehicles throughout the United from DNR. Kiesel stated that it was 49 CFR 107.211(a), and any party to the States,’’ and implied that at least some withdrawing its application in this proceeding may ‘‘bring an action for of its members are affected by the matter. judicial review.’’ 49 U.S.C. 5125(f), 49 —An undated note from Safco Missouri prohibition against CFR 107.213. withdrawing its earlier objection to an These differences from a lawsuit are recontainerization of hazardous extension of the comment period and consistent with the very purpose for wastes at a transfer facility. It stated stating that preemption occurs by issuing preemption determinations. that the Missouri prohibition is ‘‘operation of law’’ and ‘‘cannot be RSPA believes that the value in preempted by Federal hazardous withdrawn.’’ deciding whether a non-Federal material transportation law because requirement is inconsistent with (or ‘‘transportation’’ includes the III. Discussion preempted by) Federal hazardous ‘‘loading’’ and ‘‘unloading’’ of RSPA does not have any procedure material transportation law hazardous materials incidental to for withdrawing an application for a their movement, and Congress has preemption determination. In the past, goes beyond the resolution of an individual given DOT the ‘‘exclusive power’’ to controversy. At a time when hazardous RSPA has dismissed proceedings materials transportation is receiving a great regulate matters involving the involving a city ordinance that never deal of public attention, the forum provides ‘‘packing, repacking [and] handling’’ went into effect, Docket No. PDA–3(RF) [RSPA] an opportunity to express its views of hazardous materials in (Chester, West Virginia), 59 FR 4962 on the proper role of State and local vis-a- transportation. (Feb. 2, 1994), and a local requirement vis Federal regulatory activity in this area. —An undated letter from DNR stating that was repealed after the application IR–2, Rhode Island Rules and that it has informed Kiesel that ‘‘the was filed, Docket No. PDA–14(R) (El Regulations Governing the off-loading of hazardous wastes from Paso, Texas), 62 FR 11677 (March 21, Transportation of Liquefied Natural Gas, rail cars onto trucks, is not prohibited 1996). But RSPA has never stated that etc., decision on appeal, 45 FR 71881, by 10 CSR 25–6.263(1)’’ and an applicant can end a preemption 71882 (Oct. 30, 1980). requesting an extension of the proceeding by simply withdrawing its The manner in which a non-Federal comment period ‘‘in the event that application when a non-Federal requirement is actually applied or Kiesel does not withdraw’’ its requirement on transporting hazardous enforced must be considered under the application. With this undated letter, materials remains in effect. ‘‘obstacle’’ test in 49 U.S.C. 5125(a)(2), DNR attached a copy of its September Unlike a lawsuit, these administrative but not necessarily under the ‘‘dual 26, 2000 letter to Kiesel in which DNR proceedings are initiated only when compliance’’ test in § 5125(a)(1) or the stated that it wants to ‘‘work with RSPA publishes a notice in the Federal ‘‘substantively the same as’’ criteria in Kiesel personnel to develop a Register inviting interested persons to § 5125(b)(1)(A)–(E). On this point, RSPA manifesting protocol to insure all comment on an application. 49 U.S.C. previously discussed an ‘‘extreme shipments will be accompanied by 5125(d)(1), 49 CFR 107.203(d), example [of] the nonimplementation or proper documentation as required by 107.205(b). RSPA may dismiss an nonenforcement of a directly conflicting the Department of Transportation, application without prejudice and State requirement,’’ and found that it Environmental Protection Agency return it to the applicant without ‘‘makes no sense * * * to say that since [EPA], and the Department of Natural publishing a notice in the Federal there is no enforcement there is no Resources (DNR).’’ Register. See 49 CFR 107.207(b). conflict.’’ Id. at 71883. Moreover, a —An October 10, 2000 comment from Moreover, there is no ‘‘default’’ suffered commenter in another proceeding has Safco Safe Transport (Safco), of in a preemption proceeding if the State, asserted that a regulation or ordinance Seattle, Washington, objecting to an locality, or Indian tribe does not submit is ‘‘enforced’’ whenever it remains in extension of the comment period and comments on an application. See, e.g., effect, because persons feel compelled questioning whether DNR is PD–5(R), Massachusetts Requirement for to comply with the requirement even attempting to impose additional an Audible Back-up Alarm on Bulk when there have not been citations or requirements under a manifest Tank Carriers Used to Deliver other ‘‘enforcement proceedings.’’ Thus, ‘‘protocol’’ that goes beyond the HMR Flammable Material, 58 FR 62702 (Nov. there may be an issue whether a non- or EPA’s regulations. Safco did not 29, 1993), and IR–27, Colorado Federal requirement is an obstacle to the
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Duke will be required to re-evaluate the Management Demonstration Program.12 Duke performed when comparing the effects of this waiver and report to OPS Following this announcement, a protection provided by 49 CFR 192.611 on whether the terms of the waiver consultation process commenced, in to the Activities. The OPS evaluation continue to be appropriate and whether which an OPS Project Review Team also included an environmental the overall effect of the waiver remains (PRT) and Duke held discussions on the assessment, which is described in consistent with pipeline safety. potential participation of Duke in the Appendix A of this Notice. This Notice also provides an Demonstration Program. The The Duke System transports environmental assessment of Duke’s consultation process involved technical pressurized natural gas, which is lighter Activities. Based on this environmental scrutiny by OPS of Duke’s safety than air and flammable. If released as a assessment, OPS has preliminarily practices and pipeline integrity.3 result of a pipeline leak or rupture, concluded that this waiver will have no During the course of the consultation natural gas can potentially ignite significant environmental impacts. process, Duke identified seven new causing fires or explosions, loss of life, OPS seeks public comment on the Class 2 sites on their 3-line system, and/or damage to property or the proposed waiver and the environmental comprising twenty-one pipeline environment. Protecting the public and assessment, so that it may consider and segments ranging from 0.5 to 2.7 miles environment through the prevention of address these comments before making in length where it proposed to conduct pipeline leaks and ruptures is the a final decision on this matter. risk control alternative activities (the highest priority for OPS and Duke. A ADDRESSES: OPS requests that ‘‘Activities ’’) in lieu of the class major review criterion for this comments to this Notice or about this location change requirements in 49 CFR evaluation was whether the Activities environmental assessment be submitted 192.611. Fifteen of these segments are Duke proposes will achieve a margin of on or before January 10, 2001, so they located in Tennessee and six are in safety and environmental protection can be considered before a final Kentucky. Operating pressure has comparable to that achieved through determination is made whether to grant already been reduced for the fifteen compliance with 49 CFR 192.611. It is the waiver to Duke. Written comments Tennessee segments, from 1000 psig to the preliminary opinion of OPS that should be sent to the Dockets Facility, 936 psig, pursuant to the requirements implementing the proposed Activities U.S. Department of Transportation, of 49 CFR 192.611. Duke submitted an will result in a comparable margin of Plaza 401, 400 Seventh Street, SW., application on October 5, 2000, for a safety and environmental protection. Washington, DC 20590–0001. waiver of the requirements of 49 CFR Once OPS has considered comments Comments should identify the docket 192.611 for the fifteen Tennessee it receives in response to this Notice, number RSPA–00–8452. Persons should segments (the ‘‘waiver segments’’) while OPS will make a final determination submit the original comment document consultative discussions regarding regarding whether to grant a waiver to and one (1) copy. Persons wishing to Duke’s proposed risk management Duke to return the operating pressure receive confirmation of receipt of their demonstration project continue. If the along the waiver segments to 1000 psig comments must include a self-addressed waiver is approved, Duke will return the and implement any remaining Activities stamped postcard. The Dockets Facility operating pressure along the waiver in lieu of compliance with 49 CFR segments, for which most of the is located on the plaza level of the 192.611. Nassif Building in Room 401, 400 proposed Activities have already been Seventh Street, SW., Washington, DC. completed, to 1000 psig. This document 3. Alternative Risk Control Activity The Dockets Facility is open from 10:00 summarizes OPS’s review of the Locations a.m. to 5:00 p.m., Monday through Activities and evaluates the extent to The proposed Activities focus on Friday, except on Federal holidays. You which the terms of this waiver are controlling risks along fifteen pipeline may also submit comments to the appropriate and the overall effect of the segments in Tennessee. These waiver docket electronically. To do so, log on waiver is not inconsistent with pipeline segments are located on the three safety, pursuant to 49 U.S.C. 60118(c). to the DMS Web at http://dms.dot.gov. parallel lines 10, 15, and 25, Click on Help & Information to obtain 2. OPS Evaluation of Duke’s Proposed downstream from the Mt. Pleasant instructions for filing a document Alternative Risk Control Activities Compressor Station. The waiver electronically. Representatives from OPS segments lie in Maury and Williamson FOR FURTHER INFORMATION CONTACT: Headquarters, OPS Southern Region, Counties, Tennessee. The waiver Elizabeth Callsen, OPS, (202) 366–4572, and the State of Tennessee evaluated segments are located at the following regarding the subject matter of this Duke’s proposed Activities. OPS has specific milepost (M.P.) locations on Notice. Contact the Dockets Unit, (202) evaluated Duke’s current risk Line 10, and include the adjacent 366–5046, for docket material. assessment and risk control processes, sections of Lines 15 and 25 in each Comments may also be reviewed online the method Duke used to identify and location: at the DOT Docket Management System define the Activities, and the analysis In Maury County, 1.2 miles southwest of website at http://dms.dot.gov/. Hollywood, TN—From M.P. 226.47 to SUPPLEMENTARY INFORMATION: 1 Candidates for the Pipeline Risk Management M.P. 227.50 Demonstration Program (62 FR 40135, July 25, In Maury County, one-half mile north of 1. Background 1997). Hollywood, TN—From M.P. 228.49 to 2 Pipeline Safety: Remaining Candidates for the The Accountable Pipeline Safety and Pipeline Risk Management Demonstration Program M.P. 229.21 Partnership Act of 1996 authorizes the (62 FR 53052, October 10, 1997). In Maury County, one mile east of Secretary of Transportation to establish 3 The consultation process is in its final stages Union Grove, TN—From M.P. 238.00 risk management demonstration projects and the proposed Duke Energy Risk Demonstration to M.P. 238.65 Project has been approved by the PRT. in partnership with operators of gas and Documentation that will formally accept Duke In Maury County, 2.5 miles northwest of liquid pipeline facilities, pursuant to Energy into the Risk Management Demonstration Rally Hill, TN—From M.P. 247.78 to U.S.C. § 60126. In 1997, OPS announced Program is currently being prepared. That M.P. 248.27 that Duke Energy (Duke) and eleven documentation will include an order requiring In Williamson County, 3.5 miles east- completion of all proposed risk control activities other pipeline companies would be and implementation of measures to evaluate their northeast of Arrington, TN—From candidates for participation in the Risk continued effectiveness. M.P. 264.03 to M.P. 265.42
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4. Description of Waiver: Alternative current pressure reduction along the east-northeast of Arrington in Risk Control Activities Designed To waiver segments. Consequently, in order Williamson County. These hydrostatic Provide Comparable Margin of Safety to increase pressure and provide reliable tests have been completed. service, Duke would be required to 6. Implement a Communications Plan 4.1 Current Regulatory Requirements replace the pipe in the fifteen waiver designed to inform and educate This section describes the current segments. By replacing the existing pipe appropriate stakeholders and Duke regulatory requirements in 49 CFR with new pipe that has the prescribed Energy employees about risk 192.611 governing actions that must be design factor, Duke could eliminate the management concepts and the purposes taken by a pipeline operator when possibility that defects in the original and expected benefits of the Duke population density increases along a materials and construction, as well as Energy Demonstration Project. pipeline. corrosion that may have occurred since 7. Perform enhanced damage OPS categorizes all locations along installation, would result in a failure. prevention activities including natural gas pipelines according to the implementing selected population densities near the pipelines 4.2 Duke’s Proposed Alternative Risk recommendations from a recent study of (see 49 CFR 192.5). Locations with the Control Activities one-call systems and damage prevention lowest population density (10 or fewer For each waiver segment, Duke programs best practice, ‘‘Common buildings intended for human proposes to perform the following Ground’’. Duke will also install, for a occupancy within an area that extends alternative risk control activities, with trial period, the TransWave monitoring 220 yards on either side of the the objective of providing a margin of system covering all of the waiver centerline of any continuous one mile safety and environmental protection segments. This system will be tested to length of pipeline) are designated as comparable to pipe replacement: determine its reliability and usefulness Class 1. As the population along a 1. Internally inspect the waiver for detecting third-party encroachments pipeline increases, the class location segments using geometry and magnetic (construction, excavation, etc.) in the increases. For example, Class 2 flux leakage in-line inspection tools, pipeline right-of-way. locations have more than 10 but fewer which are not required under current As part of the company’s risk than 46 buildings intended for human regulations. These tools identify evaluation, Duke has compared the occupancy. Class 3 locations have 46 or indications of wall loss (e.g. corrosion), expected risk reduction produced by more buildings intended for human as well as dents and gouges from initial increasing the operating pressure and occupancy, or are areas where a construction damage or third party implementing the Activities to that pipeline lies within 100 yards of either excavators working along the pipeline which would be achieved by a building or small, well-defined right-of-way. These internal inspections compliance with the current outside area (such as a playground, have been performed and the OPS regulations. OPS has reviewed this recreation area, outdoor theater, or other Southern Region has reviewed the evaluation and concluded that the place of public assembly) that is inspection results. Activities will likely achieve a margin of occupied by 20 or more persons on at 2. Internally inspect approximately safety and environmental protection least 5 days a week for 10 weeks in any 166 miles of additional pipe on the comparable to the margin which would 12 month period. Class 4 locations are three parallel lines in the Mt. Pleasant be achieved through compliance with any class location unit where buildings Discharge. These internal inspections 49 CFR 192.611. with four or more stories above ground have been performed and the OPS 5. OPS’s Proposed Action are prevalent (e.g. large office Southern Region has reviewed the buildings). inspection results. Based on OPS’s evaluation of Duke’s All of the Duke waiver pipe segments 3. Investigate dents upon completion proposed Activities, OPS is considering (identified in Section 3) have changed of the dent inspections for an extended granting Duke a waiver from the from Class 1 to Class 2. length of pipe (the ‘‘extended pressure confirmation and pipe Pipeline safety regulations impose segments’’) bordering and including replacement requirements of 49 CFR more stringent design and operational each waiver segment to further extend 192.611. This waiver would accept requirements as the class location the benefits of the integrity analysis. Duke’s implementation of the Activities increases. When a class location The extended segments cover a length of in lieu of compliance with this changes to a higher class (e.g., from pipe totaling 660 feet on both ends of requirement and will allow Duke to class 1 to class 2), the operator must each waiver segment. These internal return the operating pressure in the reduce the operating pressure on the inspections have been performed and waiver segments to 1000 psig. In pipeline to provide an additional the OPS Southern Region has reviewed addition, Duke along with OPS, would margin of safety. The operator may be the inspection results. be required to monitor the Activities’ able to avoid a pressure reduction, in 4. Repair indications of corrosion, effectiveness. some cases, if a pressure test on the pipe existing construction damage, and OPS is considering whether or not has confirmed that a prescribed safety existing outside force damage identified additional regulations to enhance margin exists. In these cases, if a by the internal inspection using pipeline integrity in high consequence previous pressure test has not confirmed conservative investigation and repair areas are warranted for natural gas the prescribed safety margin, then the criteria. The criteria used by Duke calls transmission pipelines. Additional operator must test the pipe to confirm for investigation and repairs of small information on integrity management the margin. In other cases, the operator dents and anomalies that are well below rule-related activities is available on the must reduce the pressure or replace the the threshold where pipeline integrity OPS web site at http://ops.dot.gov. No pipe with new pipe. In the case of the might be compromised. more than 90 days after OPS adopts new waiver segments, Duke has lowered the 5. Perform hydrostatic tests of the rules related to integrity management of operating pressure from 1000 psig to portions of Line 10 which have not natural gas pipelines, Duke will be 936 psig. previously been tested to 100 percent required to re-evaluate the terms and Duke has stated that in order to (SMYS). This includes two of the waiver effects of this waiver and report to OPS provide reliable natural gas service to its segments, 2.5 miles northwest of Rally on whether the terms of the waiver customers, it cannot maintain the Hill in Maury County and 3.5 miles continue to be appropriate and whether
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DEPARTMENT OF TRANSPORTATION a petition to revoke will not Form Number: IRS Form 8818. automatically stay the transaction. Type of Review: Extension. Surface Transportation Board An original and 10 copies of all Title: Optional Form to Record pleadings, referring to STB Finance [STB Finance Docket No. 33944] Redemption of Series EE and I U.S. Docket No. 33944, must be filed with Savings Bonds Issued After 1989. the Surface Transportation Board, Office Description: Under Internal Revenue Texas Pacifico Transportation, Ltd.Ð of the Secretary, Case Control Unit, 1925 1 Code section 135, if an individual Lease and Operation ExemptionÐ K Street, NW, Washington, DC 20423– redeems U.S. Savings Bonds issued after State of Texas 0001. In addition, a copy of each 1989 and pays qualified higher pleading must be served on Fritz R. Texas Pacifico Transportation, Ltd. education expenses during the year, the Kahn, Esq., 1920 N Street, NW (8th (Pacifico), a noncarrier Texas limited interest on the bonds is excludable from partnership, has filed a notice of floor), Washington, DC 20036–1601. Board decisions and notices are income. Form 8818 can be used to keep exemption under 49 CFR 1150.31 to a record of the bonds cashed so that the lease from the State of Texas, acting by available on our website at ‘‘www.stb.dot.gov.’’ taxpayer can claim the proper interest and through the Texas Department of exclusion. Transportation (TxDOT), and to operate Decided: December 4, 2000. By the Board, David M. Konschnik, Respondents: Individuals or as a common carrier approximately households. 370.5 miles of rail line in Brewster, Director, Office of Proceedings. Estimated Number of Respondents/ Coleman, Crane, Crockett, Irion, Pecos, Vernon A. Williams, Recordkeepers: 25,000. Presidio, Reagan, Runnels, Tom Green, Secretary. and Upton Counties, TX.2 Pacifico [FR Doc. 00–31343 Filed 12–8–00; 8:45 am] Estimated Burden Hours Per Respondent/Recordkeeper: would acquire the right to operate BILLING CODE 4915±00±P between milepost 1029.1 on the Minutes International Bridge near Presidio, TX, and milepost 956.7 at Paisano Junction, DEPARTMENT OF THE TREASURY Recordkeeping ...... 13 and between milepost 945.3, at Alpine Learning about the law or the Junction, and milepost 0 + 330 feet, near Submission for OMB review; comment form ...... 5 San Angelo Junction on the east, and request Preparing the form ...... 21 Lampasas Subdivision milepost 373 + 4362 feet, near San Angelo Junction on Frequency of Response: On occasion. the west. According to Pacifico, SORC November 30, 2000. Estimated Total Reporting/ has assigned to Pacifico, with the The Department of Treasury has Recordkeeping Burden: 32,000 hours. consent of the Union Pacific Railroad submitted the following public OMB Number: 1545–1567. Company (UP), SORC’s trackage rights information collection requirement(s) to Form Number: IRS Form 8854. over an additional 11.4 miles of UP line OMB for review and clearance under the Type of Review: Extension. located between milepost 956.7 at Paperwork Reduction Act of 1995, Title: Expatriation Information Paisano Junction and milepost 945.3 at Public Law 104–13. Copies of the Statement. Alpine Junction. The operations by submission(s) may be obtained by Description: Internal Revenue Code Pacifico would thus extend over calling the Treasury Bureau Clearance Section 6039G requires persons who approximately 381.9 miles. Pacifico Officer listed. Comments regarding this lost U.S. citizenship to provide states that its projected revenues will information collection should be information concerning citizenship, not exceed those of a Class III rail carrier addressed to the OMB reviewer listed income tax liability, net worth, and net as a result of this transaction.3 and to the Treasury Department assets. Form 8854 is used to report this The transaction was expected to be Clearance Officer, Department of the information. consummated on or after November 29, Treasury, Room 2110, 1425 New York 2000. Avenue, NW., Washington, DC 20220. Respondents: Individuals or households. If the notice contains false or DATES: Written comments should be misleading information, the exemption received on or before January 10, 2001. Estimated Number of Respondents/ is void ab initio. Petitions to revoke the Recordkeepers: 11,000. exemption under 49 U.S.C. 10502(d) Internal Revenue Service (IRS) Estimated Burden Hours Per may be filed at any time. The filing of OMB Number: 1545–1151. Respondent/Recordkeeper:
Part I (in minutes) Parts I and II
Recordkeeping ...... 33 2 hr., 57 min. Learning about the law or the form ...... 13 26 min. Preparing the form ...... 40 1 hr., 24 min. Copying, assembling, and sending the form to the IRS ...... 20 35 min.
1 The filed notice is captioned as an ‘‘acquisition’’ exemption in State of Texas Acting by and Through Transportation, Ltd.—Acquisition and Operation and operation exemption, but the described the Texas Department of Transportation— Exemption—South Orient Railroad Company, Ltd., transaction involves a lease. Accordingly, this Acquisition and Operation Exemption—South STB Finance Docket No. 33851 (STB served Mar. notice has been re-captioned to reflect the lease. Orient Railroad Company, Ltd., STB Finance 3, 2000). According to Pacifico, the previously 2 Docket No. 33946 (STB served Nov. 2, 2000). TxDOT acquired the rail line between milepost authorized transaction was never consummated and 1029.1 and milepost 956.7 from South Orient 3 Earlier this year, Pacifico had evidently planned did not result in the initiation of railroad Railroad Company, Ltd. (SORC), pursuant to the to acquire SORC’s rights to operate over these lines transaction that was the subject of a notice of directly from SORC. See Texas Pacifico operations.
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Frequency of Response: Other (Once). Clearance Officer: Garrick Shear, 5051. Related operational requirements Estimated Total Reporting/ Internal Revenue Service, Room 5244, are imposed by Section 5415, including Recordkeeping Burden: 23,060 hours. 1111 Constitution Avenue, NW, a requirement to report production and Clearance Officer: Garrick Shear, Washington, DC 20224 other elements of brewery operations to Internal Revenue Service, Room 5244, OMB Reviewer: Alexander T. Hunt, ATF. Brewers must file operations 1111 Constitution Avenue, NW, (202) 395–7860, Office of reports for various periods, depending Washington, DC 20224 Management and Budget, Room on the quantity of beer they produce. OMB Reviewer: Alexander T. Hunt, 10202, New Executive Office The reports must be available for (202) 395–7860, Office of Building, Washington, DC 20503 inspection by ATF officers during normal business hours. The brewers Management and Budget, Room Lois K. Holland, 10202, New Executive Office must keep the reports for a period of 3 Departmental Reports Management Officer. years. Building, Washington, DC 20503 [FR Doc. 00–31376 Filed 12–8–00; 8:45 am] Current Actions: The Brewer’s Report Lois K. Holland, BILLING CODE 4830±01±U of Operations, ATF F 5130.9 is being Departmental Reports Management Officer. reduced in size and a new form, ATF F [FR Doc. 00–31375 Filed 12–8–00; 8:45 am] DEPARTMENT OF THE TREASURY 5130.26, Brewpub Report of Operations BILLING CODE 4830±01±U is being created for certain smaller Bureau of Alcohol, Tobacco and brewers whose production is not more Firearms than 5,000 barrels per year and who do DEPARTMENT OF THE TREASURY not bottle or keg their beer. Both forms Proposed Collection; Comment Submission for OMB Review; are in the plain language style, include Request Comment Request more extensive instructions, and eliminate current formatting December 5, 2000. ACTION: Notice and request for deficiencies. There is an increase in comments. The Department of Treasury has burden hours. submitted the following public SUMMARY: The Department of the Type of Review: Revision. information collection requirement(s) to Treasury, as part of its continuing effort OMB for review and clearance under the Affected Public: Business or other for- to reduce paperwork and respondent profit. Paperwork Reduction Act of 1995, burden, invites the general public and Public Law 104–13. Copies of the other Federal agencies to take this Estimated Number of Respondents: submission(s) may be obtained by opportunity to comment on proposed 1,750. calling the Treasury Bureau Clearance and/or continuing information Estimated Time Per Respondent: 30 Officer listed. Comments regarding this collections, as required by the minutes for each ATF F 5130.26 and 45 information collection should be Paperwork Reduction Act of 1995, minutes for each ATF F 5130.9. addressed to the OMB reviewer listed Public Law 104–13 (44 U.S.C. and to the Treasury Department 3506(c)(2)(A)). Currently, the Bureau of Estimated Total Annual Burden Clearance Officer, Department of the Alcohol, Tobacco and Firearms within Hours: 5,405. Treasury, Room 2110, 1425 New York the Department of the Treasury is Request for Comments: Comments Avenue, NW., Washington, DC 20220. soliciting comments concerning the submitted in response to this notice will DATES: Written comments should be Brewer’s Operations Reports. be summarized and/or included in the received on or before January 10, 2001, DATES: Written comments should be request for OMB approval. All to be assured of consideration. received on or before February 9, 2001 comments will become a matter of to be assured of consideration. public record. Comments are invited on: Internal Revenue Service (IRS) (a) Whether the collection of ADDRESSES: Direct all written comments OMB Number: 1545–1701. to Bureau of Alcohol, Tobacco and information is necessary for the proper Revenue Procedure Number: Revenue Firearms, Linda Barnes, 650 performance of the functions of the Procedure 2000–37. Massachusetts Avenue, NW., agency, including whether the Type of Review: Extension. Washington, DC 20226, (202) 927–8930. information shall have practical utility; (b) the accuracy of the agency’s estimate Title: Reverse Like-Kind Exchanges. FOR FURTHER INFORMATION CONTACT: Description: The revenue procedure of the burden of the collection of Requests for additional information or information; (c) ways to enhance the provides a safe harbor for reverse like- copies of the form(s) and instructions kind exchanges under which a quality, utility, and clarity of the should be directed to William H. Foster, information to be collected; (d) ways to transaction using a ‘‘qualified exchange Regulations Division, 650 Massachusetts accommodation agreement’’ will qualify minimize the burden of the collection of Avenue, NW., Washington, DC 20226, information on respondents, including for non-recognition treatment under (202) 927–8210. § 1031 of the Internal Revenue Code. through the use of automated collection SUPPLEMENTARY INFORMATION: techniques or other forms of information Respondents: Business or other for- Title: Brewer’s Operations Report. technology; and (e) estimates of capital profit, Individuals or households, farms. OMB Number: 1512–0052. or start-up costs and costs of operation, Estimated Number of Respondents/ Form Number: ATF F 5130.9, maintenance, and purchase of services Recordkeepers: 1,600. Brewer’s Report of Operations and ATF to provide information. Estimated Burden Hours Per F 5130.26, Brewpub Report of Dated: September 4, 2000. Respondent/Recordkeeper: 2 hours. Operations. Frequency of Response: Other (one Abstract: The Internal Revenue Code William T. Earle, time per transaction). requires brewers to pay excise taxes on Assistant Director (Management) CFO. Estimated Total Reporting/ beer they remove for consumption or [FR Doc. 00–31474 Filed 12–8–00; 8:45 am] Recordkeeping Burden: 3,200 hours. sale. The tax is imposed by 26 U.S.C. BILLING CODE 4810±31±P
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DEPARTMENT OF THE TREASURY easy-to-use form to meet the DEPARTMENT OF THE TREASURY requirements of 26 U.S.C. 5401 with Bureau of Alcohol, Tobacco and collateral transactions instead of a Office of Thrift Supervision Firearms surety bond. ATF F 5130.27, Brewer’s Proposed Agency Information Collateral Bond Continuation Certificate Proposed Collection; Comment Collection Activities; Comment is a new form in which a brewer has the Request Request option of using this form in order to ACTION: Notice and request for continue the collateral bond for 4 years. ACTION: Notice and request for comments. ATF F 5130.22, Brewer’s Bond has been comments. revised to include additional SUMMARY: The Department of the instructions that are more easily SUMMARY: The Department of the Treasury, as part of its continuing effort understood and the entire form has been Treasury, as part of its continuing effort to reduce paperwork and respondent rewritten in the plain language format. to reduce paperwork and respondent burden, invites the general public and burden, invites the general public and ATF F 5130.23, Brewer’s Bond other Federal agencies to comment on other Federal agencies to take this Continuation Certificate has been proposed and continuing information opportunity to comment on proposed rewritten in the plain language format collections, as required by the and/or continuing information and the collateral option transaction has collections, as required by the Paperwork Reduction Act of 1995, been placed in the new ATF F 5130.27. Paperwork Reduction Act of 1995, Public Law 104–13. Today, the Office of ATF estimates that the forms will Public Law 104–13 (44 U.S.C. Thrift Supervision within the 3506(c)(2)(A)). Currently, the Bureau of reduce the burden by 25% for each Department of the Treasury solicits Alcohol, Tobacco and Firearms within individual, depending on comments on Minimum Security the Department of the Treasury is circumstances. The total burden will Devices and Procedures. soliciting comments concerning the increase, however, since there is a DATES: Submit written comments on or Brewer’s Bonds and Continuation significant increase in the number of before February 9, 2001. Certificates. brewers since the last submission. ADDRESSES: Mail: Send comments to DATES: Written comments should be Type of Review: Revision. Manager, Dissemination Branch, received on or before February 9, 2001 Affected Public: Business or other for- Information Management and Services to be assured of consideration. profit. Division, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC ADDRESSES: Direct all written comments Estimated Number of Respondents: 20552, Attention 1550–0062. to Bureau of Alcohol, Tobacco and 1,750. Delivery: Hand deliver comments to Firearms, Linda Barnes, 650 Estimated Time Per Respondent: 45 the Guard’s Desk, East Lobby Entrance, Massachusetts Avenue, NW., minutes per form. 1700 G Street, NW., from 9:00 a.m. to Washington, DC 20226, (202) 927–8930. 4:00 p.m. on business days, Attention Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: 1550–0062. Requests for additional information or Hours: 600 Facsimiles: Send facsimile copies of the form(s) and instructions Request for Comments: Comments transmissions to FAX Number (202) should be directed to William H. Foster, submitted in response to this notice will 906–7755, Attention 1550–0062; or Regulations Division, 650 Massachusetts be summarized and/or included in the (202) 906–6956 (if comments are over 25 Avenue, NW., Washington, DC 20226, request for OMB approval. All pages). (202) 927–8210. comments will become a matter of E-Mail: Send e-mails to SUPPLEMENTARY INFORMATION: public record. Comments are invited on: ‘‘[email protected]’’, Attention Title: Brewer’s Bonds and (a) Whether the collection of 1550–0062, and include your name and Continuation Certificates. information is necessary for the proper telephone number. OMB Number: 1512–0081. performance of the functions of the Public Inspection: Interested persons Form Number: ATF F 5130.22, agency, including whether the may inspect comments at the Public Brewer’s Bond, ATF F 5130.23, Brewer’s information shall have practical utility; Reference Room, 1700 G St. NW., from 10:00 a.m. until 4:00 p.m. on Tuesdays Bond Continuation Certificate, ATF F (b) the accuracy of the agency’s estimate and Thursdays or obtain comments and/ 5130.25, Brewer’s Collateral Bond, ATF of the burden of the collection of or an index of comments by facsimile by F 5130.27, Brewer’s Collateral Bond information; (c) ways to enhance the Continuation Certificate. telephoning the Public Reference Room quality, utility, and clarity of the at (202) 906–5900 from 9:00 a.m. until Abstract: The Internal Revenue Code information to be collected; (d) ways to requires brewers to give a bond to 5:00 p.m. on business days. Comments minimize the burden of the collection of protect the revenue and to ensure and the related index will also be posted information on respondents, including compliance with the requirements of on the OTS Internet Site at laws and regulations. Bonds and through the use of automated collection ‘‘www.OTS.treas.gov’’. techniques or other forms of information continuation certificates are required by FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital law and are necessary to protect Richard Riese, Supervision, Office of or start-up costs and costs of operation, government interests in the excise tax Thrift Supervision, 1700 G Street, NW., revenues that brewers pay. Brewer’s maintenance, and purchase of services Washington, DC 20552, (202) 906–6134. to provide information. must keep their current bonds for as SUPPLEMENTARY INFORMATION: long as the brewery is in operation. Dated: December 4, 2000. Title: Minimum Security Devices and Current Actions: ATF F 5130.25, William T. Earle, Procdures. Brewer’s Collateral Bond is a new form Assistant Director (Management), CFO. OMB Number: 1550–0062. that replaces the attachments, strikeouts Form Number: Not applicable. and insertions of the existing surety [FR Doc. 00–31475 Filed 12–8–00; 8:45 am] Abstract: The Bank Protection Act bond, ATF F 5130.22 with a correct and BILLING CODE 4810±31±P and OTS implementing regulations
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Corrections Federal Register Vol. 65, No. 238
Monday, December 11, 2000
This section of the FEDERAL REGISTER On page 75897, in the third column, SECURITIES AND EXCHANGE contains editorial corrections of previously in the DATES section, in the last line, COMMISSION published Presidential, Rule, Proposed Rule, ‘‘January 19, 2000’’ should read and Notice documents. These corrections are ‘‘January 19, 2001’’. prepared by the Office of the Federal [Release No. 34±43614; File No. SR±Phlx± Register. Agency prepared corrections are [FR Doc. C0–29647 Filed 12–8–00; 8:45 am] 00±101] issued as signed documents and appear in BILLING CODE 1505±01±D the appropriate document categories Self-Regulatory Organizations; Notice elsewhere in the issue. of Filing and Immediate Effectiveness PENSION BENEFIT GUARANTY of Proposed Rule Change by the CORPORATION Philadelphia Stock Exchange, Inc. ENVIRONMENTAL PROTECTION Extending the Pilot Program for AGENCY 29 CFR Parts 4006 and 4007 Exchange Rule 98, Emergency RIN 1212-AA58 Committee Until April 30, 2001 40 CFR Part 261 Premium Rates; Payment of Premium November 22, 2000. [SW±FRL±6904±3] Correction Correction Hazardous Waste Management In rule document 00–30322 beginning In notice document 00–30667 System; Proposed Exclusion for on page 75160, in the issue of Friday, beginning on page 75332 in the issue of Identification and Listing Hazardous December 1, 2000, make the following Friday, December 1, 2000, the date is Waste corrections: added to read as set forth above. 1. On page 75161, in the third Correction column, in the first full paragraph, in [FR Doc. C0–30667 Filed 12–8–00; 8:45 am] the eighth line and in the 10th line, BILLING CODE 1505±01±D In proposed rule document 00–29647 ‘‘31⁄12’’ should read ‘‘ 3⁄12’’. beginning on page 75897 in the issue of Tuesday, December 5, 2000, make the [FR Doc. C0–30322 Filed 12–8–00; 8:45 am] following correction: BILLING CODE 1505±01±D
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Part II
Department of Education 34 CFR Part 373 Special Demonstration Programs; Final Rule
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DEPARTMENT OF EDUCATION Demonstration Programs, these Public Comment regulations have been designed to give In the NPRM we invited comments on 34 CFR Part 373 the Secretary greater flexibility in the proposed regulations. We did not making awards that are relevant and receive any substantive comments. Special Demonstration Programs responsive to the needs of individuals AGENCY: Office of Special Education and with disabilities. The following National Education Goals Rehabilitative Services, Department of overview, which was originally The eight National Education Goals Education. contained in the preamble to the NPRM focus the Nation’s education reform ACTION: Final regulations. (pages 39252 and 39253), describes the efforts and provide a framework for benefits of the regulations: improving teaching and learning. SUMMARY: The Secretary issues Section 373.2 provides additional These regulations address the regulations governing the Special flexibility in determining eligible National Education Goal that every Demonstration Programs. These entities. adult American will possess the regulations are needed to implement Section 373.4 contains terms from the knowledge and skills necessary to changes in the Rehabilitation Act Act and other terms that may be used in compete in a global economy. These Amendments of 1998. The regulations applying for a grant and administering regulations further the objectives of this provide definitions and requirements a grant project. goal by implementing programs to for grants and contracts under the Section 373.6 permits the Secretary to provide vocational rehabilitation expanded authority of the Special meet the current trends and needs services and other services to provide Demonstration Programs. relative to services for individuals with increased employment opportunities for DATES: These regulations are effective disabilities and on accepted methods of individuals with disabilities. January 10, 2001. improving and expanding those Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: services. In addition, the Secretary may Thomas E. Finch, Ph.D., U.S. announce priorities without further These regulations do not contain any Department of Education, 400 Maryland public comment. Additional information collection requirements. information and requirements pertinent Avenue, SW., room 3038 MES, Intergovernmental Review Washington, DC 20202–2575. to the priorities will be announced in Telephone: (202) 205–8292. If you use a the Federal Register and in the This program is subject to Executive telecommunications device for the deaf application package for a given Order 12372 and the regulations in 34 (TDD), you may call the Federal competition. CFR part 79. One of the objectives of the Information Relay Service (FIRS) at 1– Section 373.11 permits the Secretary Executive order is to foster an 800–877–8339. to inform the potential applicant of intergovernmental partnership and a Individuals with disabilities may information the Secretary may consider, strengthened federalism. The Executive obtain this document in an alternative in addition to the peer review scores, order relies on processes developed by format (e.g., Braille, large print, when making an award. State and local governments for audiotape, or computer diskette) on Section 373.20 permits the Secretary coordination and review of proposed request to the contact person listed in to institute a matching requirement not Federal financial assistance. the preceding paragraph. to exceed 10 percent of the total project This document provides early SUPPLEMENTARY INFORMATION: These costs. The matching funds may be notification of our specific plans and regulations implement changes to the provided in cash or in-kind. actions for this program. Rehabilitation Act of 1973, as amended Section 373.21 informs grantees under Assessment of Educational Impact (Act), made by the Rehabilitation Act section 306 of the Act that the Secretary Amendments of 1998, enacted as part of may require that recipients of grants In the NPRM we requested comments the Workforce Investment Act of 1998 under this title submit information, on whether the proposed regulations (Pub. L. 105–220), on August 7, 1998, including data, necessary to measure would require transmission of and as further amended in 1998 by project outcomes and performance, information that any other agency or technical amendments in the Reading including any data needed to comply authority of the United States gathers or Excellence Act and the Carl D. Perkins with the Government Performance and makes available. Vocational and Applied Technology Results Act of 1993 (GPRA). We are Based on the response to the NPRM Education Act Amendments of 1998 developing a uniform data collection and on our review, we have determined (hereinafter collectively referred to as instrument for future use by grantees that these final regulations do not the 1998 Amendments). under this program. This instrument require transmission of information that On June 23, 2000 we published a will be published in the Federal any other agency or authority of the notice of proposed rulemaking (NPRM) Register for public comment. The United States gathers or makes for the Special Demonstration Programs inclusion of § 373.21 emphasizes the available. in the Federal Register (65 FR 39252). authority for the Secretary to require Electronic Access to This Document In the preamble to the NPRM, we noted needed information. You may view this document, as well that section 303(b) of the Act, which Section 373.22 limits indirect cost as all other Department of Education contains the authority for these reimbursement for grants under this documents published in the Federal programs, had undergone considerable program to the recipient’s actual Register, in text or Adobe Portable changes. While continuing to focus on indirect costs, as determined by its Document Format (PDF) on the Internet the expansion and improvement of negotiated indirect cost rate agreement, at either of the following sites: rehabilitation services, the Special or 10 percent of the total direct cost Demonstration Programs now include base, whichever amount is less. http://ocfo.ed.gov/fedreg.htm the expansion and improvement of Section 373.23 lists additional http://www.ed.gov/news.html other services authorized under the Act. requirements for grantees. To use PDF you must have Adobe In addition to reflecting this statutory There are no differences between the Acrobat Reader, which is available free change in the purpose of the Special NPRM and these final regulations. at either of the previous sites. If you
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(2) Who has a record of such an strengths, resources, priorities, (1) Self-employment, business impairment; or concerns, abilities, capabilities, ownership, and entreprenuership; (3) Who is regarded as having such an interests, and informed choice of the (2) Non-traditional jobs, professional impairment. individual. Rehabilitation services for employment, and work settings; (c) For purposes of paragraph (b) of an individual with a disability may (3) Collaborating with employers, this definition, projects that carry out include— Economic Development Councils, and services or activities pertaining to Title (a) An assessment for determining others in creating new jobs and career V of the Act must also meet the eligibility and vocational rehabilitation advancement options in local job requirements for ‘‘an individual with a needs by qualified personnel, including, markets through the use of job disability’’ in section 7(20)(c) through if appropriate, an assessment by restructuring and other methods; and (e) of the Act, as applicable. personnel skilled in rehabilitation (4) Other services as identified by the (Authority: 29 U.S.C 705(20)(A) and (B)) technology; Secretary and published in the Federal (b) Counseling and guidance, Register. Individual with a significant disability including information and support means an individual— services to assist an individual in (Authority: 29 U.S.C. 711(c) and 723(a)) (a) Who has a severe physical or exercising informed choice; Substantial impediment to mental impairment that seriously limits (c) Referral and other services to employment means that a physical or one or more functional capacities (such secure needed services from other mental impairment (in light of attendant as mobility, communication, self-care, agencies; medical, psychological, vocational, self-direction, interpersonal skills, work (d) Job-related services, including job educational, and other related factors) tolerance, or work skills) in terms of an search and placement assistance, job hinders an individual from preparing employment outcome; retention services, follow-up services, for, entering into, engaging in, or (b) Whose vocational rehabilitation and follow-along services; retaining employment consistent with can be expected to require multiple (e) Vocational and other training the individual’s capacities and abilities. vocational rehabilitation services over services, including the provision of an extended period of time; and personal and vocational adjustment (Authority: 29 U.S.C. 705(20)(A)) (c) Who has one or more physical or services, books, tools, and other training Youth or Young adults with mental disabilities resulting from materials; disabilities means individuals with amputation, arthritis, autism, blindness, (f) Diagnosis and treatment of disabilities who are between the ages of burn injury, cancer, cerebral palsy, physical and mental impairments; 16 and 26 inclusive when entering the cystic fibrosis, deafness, head injury, (g) Maintenance for additional costs program. heart disease, hemiplegia, hemophilia, incurred while the individual is (Authority: 29 U.S.C. 711(c) and 723(a)) respiratory or pulmonary dysfunction, receiving services; mental retardation, mental illness, (h) Transportation; § 373.5 Who is eligible to receive services multiple sclerosis, muscular dystrophy, (i) On-the-job or other related and to benefit from activities conducted by musculo-skeletal disorders, neurological personal assistance services; eligible entities? disorders (including stroke and (j) Interpreter and reader services; (a)(1) For projects that provide epilepsy), paraplegia, quadriplegia and (k) Rehabilitation teaching services, rehabilitation services or activities to other spinal cord conditions, sickle-cell and orientation and mobility services; expand and improve the provision of (l) Occupational licenses, tools, anemia, specific learning disabilities, rehabilitation services and other equipment, and initial stocks and end-stage renal disease, or another services authorized under Titles I, III, disability or combination of disabilities supplies; (m) Technical assistance and other and VI of the Act, individuals are determined on the basis of an consultation services to conduct market eligible who meet the definition in assessment for determining eligibility analysis, develop business plans, and paragraph (a) of an ‘‘individual with a and vocational rehabilitation needs to otherwise provide resources to eligible disability’’ as stated in § 373.4. cause comparable substantial functional individuals who are pursuing self- (2) For projects that provide limitation. employment or telecommuting or independent living services or activities, (Authority: 29 U.S.C. 705(21)(A)) establishing a small business operation individuals are eligible who meet the definition in paragraph (b) of an Informed choice means the provision as an employment outcome; ‘‘individual with a disability’’ as stated of activities whereby individuals with (n) Rehabilitation technology, in § 373.4. disabilities served by projects under this including telecommunications, sensory, (3) For projects that provide other part have the opportunity to be active, and other technological aids and services or activities that further the full partners in the rehabilitation devices; purposes of the Act, individuals are process, making meaningful and (o) Transition services for individuals eligible who meet the definition in informed choices as follows: with disabilities that facilitate the paragraph (b) of an ‘‘individual with a (a) During assessments of eligibility achievement of employment outcomes; disability’’ as stated in § 373.4. and vocational rehabilitation needs. (p) Supported employment services; (b) In the selection of employment (q) Services to the family of an (b) By publishing a notice in the outcomes, services needed to achieve individual with a disability necessary to Federal Register, the Secretary may the outcomes, entities providing these assist the individual to achieve an identify individuals determined to be services, and the methods used to employment outcome; eligible under one or more of the secure these services. (r) Post-employment services provisions in paragraph (a) of this necessary to assist an individual with a section. (Authority: 29 U.S.C. 711(c)) disability to retain, regain, or advance in (Authority: 29 U.S.C. 711(c) and 723(a)) Rehabilitation services means services employment; and provided to an individual with a (s) Expansion of employment § 373.6 What are the priorities and other disability in preparing for, securing, opportunities for individuals with factors and requirements for competitions? retaining, or regaining an employment disabilities, which includes, but is not (a)(1) In making an award, the outcome that is consistent with the limited to— Secretary may limit competitions to, or
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Part III
Equal Employment Opportunity Commission 29 CFR Part 1625 Waivers of Rights and Claims; Tender Back of Consideration; Final Rule
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EQUAL EMPLOYMENT OPPORTUNITY 626(f)(1). An ADEA waiver is valid only Congress also provided that a court of COMMISSION ‘‘if certain threshold requirements [are competent jurisdiction would resolve met and the waiver is] otherwise shown ‘‘any dispute’’ that may arise over 29 CFR Part 1625 to be knowing and voluntary.’’ 3 The whether a waiver agreement was RIN 3046±AA68 OWBPA states that the waiver entered in compliance with the agreement must be ‘‘written in a manner statutory requirements. 29 U.S.C. Waivers of Rights and Claims: Tender calculated to be understood [by the 626(f)(3). Congress intended that a valid Back of Consideration employee], or by the average individual OWBPA waiver would act as an eligible to participate’’; must affirmative defense.7 The statute directs AGENCY: Equal Employment specifically reference ADEA rights or that the employer has the burden of Opportunity Commission. claims; and must advise employees to proving that an ADEA waiver complies ACTION: Final rule. consult an attorney before signing the with the enumerated OWBPA agreement. ADEA waivers also must be requirements, assuming that the SUMMARY: The Equal Employment in exchange for extra consideration, and employer is the party asserting the Opportunity Commission (EEOC or must not waive rights or claims that validity of the waiver. Id.8 Moreover, Commission) is publishing this final arise after the agreement is executed.4 legislative history reveals that ‘‘once regulation stating that, under the Older Finally, the OWBPA directs employers that occurs, the employee may produce Workers Benefit Protection Act of 1990, to give employees specified periods of additional evidence to suggest that the employees cannot be required to tender time to consider waivers and to revoke waiver was not ‘knowing and back the consideration received under a them. Id. section 626(f)(1)(A)–(G). When voluntary,’’—i.e., that the waiver is not waiver agreement before being employers offer waivers in connection valid due to one or more of the non- permitted to challenge the waiver with an exit incentive or other group enumerated elements of the ‘‘knowing agreement in court, and addressing employment termination program, they and voluntary’’ standard, such as fraud, related issues. The regulation protects must give employees certain duress, coercion or mistake of material older workers’ rights under the Older information about the termination fact.9 In such a circumstance, the Workers Benefit Protection Act. program itself, as well as lists of the job employer then must prove, with respect DATES: Effective January 10, 2001. titles and ages of individuals eligible or to the issues raised by the employee, FOR FURTHER INFORMATION CONTACT: selected for the program and the ages of that the waiver was both knowing and Carol R. Miaskoff, Assistant Legal those not eligible or selected but who voluntary.10 Counsel, or Corbett L. Anderson, were in the same job classification or B. The Negotiated Rule on Waivers of Attorney-Advisor, 202–663–4689 organizational unit. Id. section Rights and Claims Under the ADEA (voice), 202–663–7026 (TDD). 626(f)(1)(H). See also 29 CFR Part SUPPLEMENTARY INFORMATION: 1625.22. In 1998, the EEOC published a final In addition, an ADEA waiver is regulation on Title II of the ADEA, the I. Background ‘‘knowing and voluntary’’ only if the product of a negotiated rulemaking A. The Older Workers Benefit Protection employee accepts it ‘‘in the absence of under the procedures in the Negotiated Act of 1990 fraud, duress, coercion, or mistake of Rulemaking Act, 5 U.S.C. 561 et seq. material fact.’’ 5 According to the The final rule set forth the EEOC’s In Title II of the Older Workers OWBPA legislative history, courts interpretation of the standards in Benefit Protection Act of 1990 (Title II evaluating the validity of an ADEA section 7(f) of the ADEA, covering the or OWBPA), Congress added section 7(f) waiver should analyze this aspect of the following subjects, among others: the to the Age Discrimination in ‘‘knowing and voluntary’’ question wording of waiver agreements, waivers Employment Act of 1967, 29 U.S.C. under the ‘‘totality of the circumstances of future rights, consideration, time 626(f) (ADEA), to set out requirements approach.’’ Congress rejected traditional periods, informational requirements, for ADEA waivers that would ensure contract principles as the basis for waivers settling charges and lawsuits, that ‘‘older workers [are] not coerced or determining if an ADEA waiver is the burden of proof, and the EEOC’s manipulated into waiving their rights 6 1 knowing and voluntary. enforcement powers. See 29 CFR under the ADEA.’’ Congress decided 1625.22. not to require supervision of ADEA 3 Id. at 31–32. Some commenters on the negotiated waivers by the Equal Employment 4 These requirements also apply to a waiver in rule had urged the Commission to Opportunity Commission (EEOC or settlement of an ADEA charge filed with the EEOC. address the question of whether Commission), but emphasized ‘‘that the 29 U.S.C. 626(f)(2). employees can be required to tender requirements of [T]itle II [are to] be 5 S. Rep. No. 101–263, supra note 2, at 31. See also 29 CFR 1625.22(a)(3) (‘‘Other facts and back the consideration received under a strictly interpreted to protect those waiver agreement before challenging the 2 circumstances may bear on the question of whether individuals covered by the Act.’’ the waiver is knowing and voluntary, as, for waiver agreement in court. However, In the OWBPA, Congress proclaimed example, if there is a material mistake, omission, or about four months prior to publication that ‘‘[a]n individual may not waive any misstatement in the information furnished by the right or claim * * * unless the waiver employer to an employee in connection with the waiver.’’). Accord Bennett v. Coors Brewing Co., 189 7 S. Rep. No. 101–263, supra note 2, at 35 (‘‘A is knowing and voluntary.’’ 29 U.S.C. F.3d 1221, 1228–29 (10th Cir. 1999); EEOC v. waiver of rights or release of claims is generally Johnson & Higgins, 5 F. Supp. 2d 181, 186 (S.D.N.Y. available as an affirmative defense.’’) 1 136 Cong. Rec. 27,061 (1990), reprinted in 1 1998). 8 See also 136 Cong. Rec. 27,062 (1990) (Final Staff of Senate Comm. on Labor and Human 6 S. Rep. No. 101–263, supra note 2, at 32. For the Statement of Floor Managers) reprinted in 1 Staff of Resources, 102d Cong., Legislative History of the analysis of ‘‘knowing and voluntary,’’ the Senate Senate Comm. on Labor and Human Resources, Older Workers Benefit Protection Act (S. 1511 and Committee gave its approval to the ‘‘totality of 102d Cong., Legislative History of the Older Related Bills), at 23 (1991). circumstances’’ analysis used to uphold an ADEA Workers Benefit Protection Act (S. 1511 and Related 2 S. Rep. No. 101–263, at 31 (1990, reprinted in waiver in Cirillo v. Arco Chemical Co., 862 F.2d Bills), at 26 (1991). 1 Staff of Senate Comm. on Labor and Human 448 (3d Cir. 1988), but disapproved of ‘‘the 9 S. Rep. No. 101–263, supra note 2, at 35. Resources, 102d Cong., Legislative History of the approach adopted in Lancaster v. Buerkle Buick Congress did not intend to force employers to Older Workers Benefit Protection Act (S. 1511 and Honda Co., 809 F.2d 539 (8th Cir.), cert. denied, 482 ‘‘ ‘prove a negative’ where no evidence of fraud, Related Bills), at 350 (1991) [hereinafter S. Rep. No. U.S. 928 (1987),’’ which applied ordinary contract duress, or coercion exists.’’ Id. 101–263]. principles. 10 Id.
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2. Tender Back Clauses individual or by the average individual breach of any covenant or other arrangement eligible to participate.28 is not permitted. One employer representative recommended that the Commission 3. Tender Back and State or Local Fair 1. Summary of Employee Comments permit negotiation of tender back Employment Practices Agencies Employee representatives stated that clauses as part of waiver agreements. Two management commenters the use of covenants not to sue clearly The Commission does not adopt this objected to the wording of paragraph (a) offends Congress’ intent to allow recommendation, and the final rule where it stated that if an individual individuals to test ADEA waivers in retains the prohibition against tender 25 alleges that a waiver is not knowing and court. One employee representative back clauses. Allowing a tender back voluntary, tender back is not required maintained that the Commission needs clause would undermine the OWBPA, prior to ‘‘filing either a lawsuit or a to implement more powerful as interpreted in Oubre. The basic charge of discrimination with * * * any disincentives for using covenants not to rationale for this regulation is that the state or local fair employment practices sue than simply stating that they are OWBPA abrogates the common law agency.’’ These commenters contended invalid under the OWBPA. According to doctrines of tender back and ratification that the Commission lacks authority to this commenter, an employer that uses because their operation opens the door specify the conditions required to file a a covenant not to sue should be subject to enforcement of noncompliant to: A rebuttable presumption in related 26 complaint with state or local agencies. OWBPA waivers. Prohibiting tender To clarify this regulation, the litigation that the waiver was not back by operation of law, but allowing Commission incorporates the following knowing and voluntary; an automatic it by operation of contract, would language in the sentence referring to finding of a willful ADEA violation; and unacceptably undermine the statute and state and local agencies: a finding of retaliation if the employer elevate form over substance. seeks to recoup past benefits or abrogate * * * or any state or local fair employment One employer representative future benefits. The Commission has commented that the Commission’s use agency acting as an EEOC referral agency for purposes filing the charge with EEOC. considered these comments but believes of the word ‘‘invalid’’ in the NPRM as that the final rule reflects the to tender back clauses ‘‘leaves open the 4. Final Regulatory Language for commenters’ concerns without unduly question of whether * * * the inclusion Paragraph (a) altering the legislative balance crafted of such provisions might somehow Accordingly, paragraph (a) of the final by Congress. 27 invalidate the ADEA waiver itself.’’ rule will state: 29 This employer representative 2. Summary of Employer Comments maintained that inclusion of a tender An individual alleging that a waiver A number of management agreement, covenant not to sue, or other representatives acknowledged that a back clause should not invalidate a equivalent arrangement was not knowing and waiver that otherwise was ‘‘knowing voluntary under the ADEA is not required to covenant not to sue that is part of a and voluntary’’ under the OWBPA. The tender back the consideration given for that waiver agreement is enforceable only if final regulation does not address the agreement before filing either a lawsuit or a the overall waiver agreement is knowing question of severability because the charge of discrimination with EEOC or any and voluntary under the OWBPA. As a NPRM did not present the issue, and the state or local fair employment practices corollary to this proposition, several record on it is very limited. The agency acting as an EEOC referral agency for commenters agreed with the employer Commission believes, however, that purposes of filing the charge with EEOC. representative who stated that ‘‘[i]f the contrary to the position advanced by the Retention of consideration does not foreclose employee successfully invalidates the a challenge to any waiver agreement, employer, there is a strong argument release because it does not comply with covenant not to sue, or other equivalent OWBPA, an employer’s breach of that inclusion of an invalid provision in arrangement; nor does the retention an ADEA waiver agreement—such as a constitute the ratification of any waiver contract claim is worthless.’’ tender back clause or a damages agreement, covenant not to sue, or other Some representatives of employers provision—should invalidate the entire equivalent arrangement. asserted that the Commission does not waiver. Under this point of view, have the authority to regulate covenants C. Comments on 29 CFR 1625.23(b): inclusion of such provisions in a waiver not to sue. Employers also contended Covenants Not To Sue would make the agreement misleading that the OWBPA does not affect the in a material sense and thus violate the Paragraph (b) of the proposed ability of the employer and employee to OWBPA’s requirement that waivers be regulation, as published for comment in enter into a covenant not to sue, under calculated to be understandable by the the Federal Register, stated: which the employer is entitled to damages and/or attorneys’ fees if the A covenant not to challenge a waiver employee goes to court and the apply where a waiver met the minimum agreement, or any other arrangement that requirements of the OWBPA even if not knowing imposes any condition precedent, any covenant is upheld. Commenters on and voluntary for some other reason, such as fraud penalty, or any other limitation adversely behalf of employers asserted that a or duress). For the reasons discussed herein, the affecting any individual’s right to challenge contrary result would encourage Commission believes that Reid, which predates the a waiver agreement, is invalid under the litigation and discourage employers Supreme Court’s decision in Oubre, was decided incorrectly. ADEA, whether the covenant or other from offering attractive severance 25 However, the rule on tender back clauses has arrangement is part of the agreement or is packages in exchange for waivers. been removed from paragraph (a) and incorporated contained in a separate document. A According to these commenters, the into paragraph (b). provision allowing an employer to recover chilling effect of the damages provisions 26 See Oubre, 522 U.S. at 427 (majority opinion). costs, attorneys’ fees, and/or damages for the 27 commonly included in such covenants This commenter made the same observation is necessary to retain the OWBPA’s regarding the Commission’s use of the phrase ‘‘not 28 29 U.S.C. 626(f)(1)(A). permitted’’ in paragraph (b) of the NPRM as to balance between employer and covenants not to sue, and the discussion above also 29 Note that paragraph (a) of the final rule uses the employee interests. applies to covenant not to see. One employee phrase ‘‘waiver agreement, covenant not to sue, or One employer representative argued representative argued however, that inclusion of a other equivalent arrangement’’ where appropriate to convenant not to sue should create a rebuttable reflect the Commission’s unified approach to against paragraph (b) of the proposed presumption in related litigation that the waiver waivers and covenants not to sue. Section C of the rule because, in the commenter’s view, was not knowing and voluntary. Preamble discusses covenants not to sue. ‘‘a prevailing defendant is already
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OWBPA. Thus, any provision in a courts have the discretion to determine They reasoned that restitution in excess waiver agreement that would cause an whether an employer is entitled to of the plaintiff’s recovery is ‘‘a reflection employee to believe that he or she could restitution, recoupment, or setoff (hereinafter, of the plaintiff’s overcompensation for not seek a judicial determination of the ‘‘reduction’’) against the employee’s damages the satisfaction of potential claims,’’ award. These amounts never can exceed the validity of the waiver misrepresents the lesser of the consideration the employee rather than a tender back penalty. Some rights and obligations of the parties to received for signing the waiver agreement or employers expressed concern about the the agreement. Such a misrepresentation the amount recovered by the employee. situation of the employer whose waiver conflicts with the OWBPA requirement is invalid but who prevails on the The remainder of this proposed that a valid waiver agreement must be underlying age claim; under the regulation included, among other ‘‘written in a manner calculated to be Commission’s proposed rule, this provisions, ‘‘[a] nonexhaustive list of understood’’ by the employee ‘‘or by the employer would not be entitled to average individual eligible to the factors that may be relevant to determine whether, or in what amount, restitution. participate.’’ 29 U.S.C. 626(f)(1)(A). Employers also asserted that setoff (c) Discussion of Additional a reduction should be granted.’’ should not be discretionary if damages Management Recommendations. 1. Summary of Employee Comments Management representatives also are awarded, because existing law commented that the proposed Employee representatives endorsed entitles them to a reduction of back pay regulation’s reference to ‘‘other the position that only setoff or awards by the amount of severance pay. arrangements’’ could be read to prohibit recoupment should be allowed, and Most employer representatives an employer from enforcing covenants only to the extent that the employee criticized the factors proposed by the not to sue that were negotiated as part wins damages based on a finding of Commission for courts to use when of noncompetition or trade secret employment discrimination. These deciding whether to grant a reduction, clauses. The Commission did not intend commenters contended that employees or how much to grant. They contended its regulation to extend beyond the would be chilled from bringing that some of the equitable factors ADEA in this fashion. Accordingly, the meritorious waiver challenges and age proposed by the Commission would Commission has revised the regulation discrimination cases by the possibility result in ADEA plaintiffs receiving to refer specifically to an ADEA waiver of being required to return a severance double recovery because the court agreement, covenant not to sue, or other payment under any other already would have addressed the same equivalent arrangement. circumstances. They contended that this considerations in awarding damages. In addition, while the Commission chilling effect also would discourage Employers also criticized the takes no position on non-ADEA individuals from pursuing injunctive Commission’s proposal that courts provisions such as non-disparagement relief in the absence of significant could equitably apportion the amount and confidentiality clauses, it notes that damages. Even if damages were paid for the waiver among the rights settlement agreements sometimes awarded, however, employee waived, to calculate the proper contain such clauses along with representatives favored denying reduction in ADEA damages. Employers liquidated damages provisions for recoupment or setoff when the emphasized that they pay one amount to breach. A reasonable employee must be consideration for the release was paid a departing employee in exchange for a able to determine that any liquidated by a party other than the employer. For waiver of all his or her rights under the damages provisions for breach of non- example, they stated that employers pertinent laws, and in their view, this ADEA clauses have no effect on the should not be allowed to recoup their amount cannot be apportioned. consideration when it had been paid by employee’s ability to bring an ADEA 3. Discussion charge or lawsuit challenging the a bona fide employee pension or welfare waiver. benefit plan under ERISA in the form of The Commission has considered the enhanced benefits. One employee comments submitted and, for the 4. Final Regulatory Language for representative also asserted that a reasons set forth below, has not changed Paragraph (b) reduction should not be permitted if the its position that restitution, recoupment, Accordingly, paragraph (b) of the final employer had willfully violated the or setoff must be limited to the lesser of rule will state: ADEA. Finally, this commenter urged the amount of the award to the the Commission to delete employers’ No ADEA waiver agreement, covenant not prevailing ADEA plaintiff, or the to sue, or other equivalent arrangement may financial condition as a factor for courts amount of consideration the employee impose any condition precedent, any to consider in determining whether received for the waiver. The penalty, or any other limitation adversely recoupment was appropriate. Commission, however, has decided to affecting any individual’s right to challenge delete from the final regulation the list the agreement. This prohibition includes, but 2. Summary of Employer Comments of factors ‘‘that may be relevant to is not limited to, provisions requiring Commenters representing employers determine whether, or in what amount, employees to tender back consideration criticized the Commission’s proposal a reduction should be granted.’’ 46 received, and provisions allowing employers that restitution, recoupment, or setoff be to recover attorneys’ fees and/or damages permitted only to the extent that the The Commission’s rule on restitution, because of the filing of an ADEA suit. This recoupment, and setoff, is based on the rule is not intended to preclude employers employee is ultimately awarded from recovering attorneys’ fees or costs damages for employment same statutory interpretation as the rule specifically authorized under federal law. discrimination. Employers emphasized prohibiting employers from obtaining that the Supreme Court in Oubre did not damages or attorneys’ fees for breach of D. Comments on 29 CFR 1625.23(c): decide the question of restitution, a covenant not to sue or another Restitution, Recoupment, or Setoff recoupment, or setoff, and that Justice agreement covered by the OWBPA. Paragraph (c) of the proposed Breyer explored the possibility of Restitution can be tantamount to tender regulation stated that if an employee restitution in his concurrence. back if it is awarded in the absence of successfully challenged a waiver and Employers contended that restitution plaintiff’s damages or in excess of those prevailed on the merits of an ADEA should not be limited to the lesser of the claim, consideration or the plaintiff’s recovery. 46 64 FR at 19957.
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Part IV
Department of Commerce National Oceanic and Atmospheric Administration
15 CFR Part 902 50 CFR Parts 600 and 648 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Atlantic Herring Fishery Management Plan; Final Rules 50 CFR Part 648 Fisheries of the Northeastern United States; Atlantic Herring Fisheries; 2000 Specifications; Adjustment; Closure; Final Rule
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DEPARTMENT OF COMMERCE DATES: This final rule is effective Approved Measures December 11, 2000, except for the Annual Specifications National Oceanic and Atmospheric amendments to the following sections: Administration The FMP enacts a procedure for 1. Sections 15 CFR 902.1, 50 CFR establishing Optimum Yield (OY) that is 600.525, 648.4, 648.5, 648.6, 648.7, 15 CFR Part 902 based on the allowable biological catch 648.9, 648.11, 648.12, 648.13, (ABC). The ABC will be determined by 648.14(a)(103), (bb)(1)-(6), (bb)(8) and 50 CFR Parts 600 and 648 multiplying the estimate of current (9), (bb)(11)-(14), (bb)(17) and (18), stock size by the target fishing mortality 648.203, 648.204, and 648.205(b)-(c), rate (F). OY cannot exceed ABC, [Docket No. 000105004-0260-02; I.D. which will be effective January 10, 063099A] adjusted by the Canadian Georges Bank 2001; and (GB) and New Brunswick (NB) fixed 2. Sections 50 CFR 648.14(bb)(15) and gear catches, which cannot exceed RIN 0648-AI78 (16) and 648.205(a), which will be 20,000 mt for the Canadian NB fixed Magnuson-Stevens Fishery effective March 12, 2001. gear harvest and 10,000 mt for the Canadian GB harvest. The FMP limits Conservation and Management Act ADDRESSES: Copies of the FMP, its the amount of Canadian catch that will Provisions; Fisheries of the Regulatory Impact Review (RIR), the Northeastern United States; Atlantic be considered when setting OY. OY also Final Regulatory Flexibility Analysis will not exceed the maximum Herring Fishery; Atlantic Herring (FRFA), and the Final Environmental Fishery Management Plan sustainable yield (MSY), unless an OY Impact Statement (FEIS), as prepared by that exceeds MSY in a specific year is the New England Fishery Management consistent with a control rule that AGENCY: National Marine Fisheries Council (Council), are available from Service (NMFS), National Oceanic and ensures the achievement of MSY and Paul J. Howard, Executive Director, New OY on a continuing basis. However, OY Atmospheric Administration (NOAA), England Fishery Management Council, Commerce. will not exceed MSY prior to the 2001 50 Water Street, The Tannery - Mill 2, fishing year. Because of some ACTION: Final rule. Newburyport, MA 01950. uncertainty in the current stock size Comments regarding the collection-of- estimates, the Council recommended, SUMMARY: NMFS issues this final rule to information requirements contained in for purposes of setting the initial ABC, implement approved measures this final rule should be sent to Patricia that the current stock size be assumed contained in the Atlantic Herring A. Kurkul, Regional Administrator, to equal BMSY(the biomass level that Fishery Management Plan (FMP). These NMFS, Northeast Regional Office, One produces MSY), rather than basing it on regulations implement the following Blackburn Drive, Gloucester, MA 01930, actual estimates of current stock size, measures: A target total allowable catch and to the Office of Information and which exceed BMSY. This precautionary (TAC) level for each of three Regulatory Affairs, Office of approach will limit catches until the management areas, one of which is Management and Budget, Washington, estimates can be improved. The divided into inshore and offshore sub- DC 20503 (Attn: NOAA Desk Officer). resulting ABC and OY, however, are areas; a procedure for the development still more than twice the amount of and revision of annual specifications; Send comments regarding any ambiguity or unnecessary complexity current landings. initial specifications for the 2000 fishing The FMP establishes four additional year; incidental harvest limits upon arising from the language used in this rule to Patricia Kurkul. specifications: Total amount allocated to closure of a management area; a vessel processing by foreign ships (JVPt), either monitoring system (VMS) requirement FOR FURTHER INFORMATION CONTACT: E. in state waters (IWP) or in the exclusive for certain vessels; vessel size limits; a Martin Jaffe, Fishery Policy Analyst, economic zone (EEZ) (JVP); amount of framework adjustment process; 978-281-9272. the domestic annual processing (DAP) permitting and reporting requirements; allocated for at-sea processing by SUPPLEMENTARY INFORMATION: This final restrictions on transfers at sea; and other domestic vessels that exceed the vessel rule implements approved measures measures for administration and size limits established in the FMP contained in the FMP, which was enforcement. The intended effect of this (USAP); total amount of herring that can partially approved by NMFS on behalf final rule is to manage the Atlantic be taken in U.S. waters and transferred of the Secretary of Commerce herring (Clupea harengus) fishery to Canadian herring carriers for (Secretary) on October 27, 1999. All of pursuant to the Magnuson-Stevens transshipment to Canada (BT) as the measures but four were approved. Fishery Conservation and Management authorized by the Sustainable Fisheries The disapproved measures and the Act (Magnuson-Stevens Act) and the Act (SFA)(Pub. L. 104-297, section reasons for their disapproval are FMP and to prevent overfishing of the 105(e)); and total allowable level of described in the preamble to the Atlantic herring resource. This final rule foreign fishing (TALFF), if any, from proposed rule to implement the also withdraws approval of the that portion of OY that will not be approved measures (65 FR 11956, Preliminary Management Plan (PMP) for harvested by domestic vessels. The March 7, 2000) and are not repeated the Atlantic Herring Fishery of the Council and the Atlantic States Marine here. Northwestern Atlantic and removes Fisheries Commission (Commission) existing regulations related to Atlantic Details concerning the justification for will consult annually to determine the herring upon the effective date of the and development of the FMP and the allocation of JVPt to IWP and JVP. final rule. Finally, NMFS informs the implementing regulations were also public of the approval by the Office of provided in the notice of availability Initial Specifications Management and Budget (OMB) of the (NOA) of the Atlantic Herring FMP (64 The FMP establishes initial collection-of-information requirements FR 40542, July 27, 1999) and in the specifications for the 2000 fishing year. contained in this final rule and preamble to the proposed rule (65 FR (The FMP as submitted recommended publishes the OMB control numbers for 11956, March 7, 2000) and are not specifications for the 1999 fishing year these collections. repeated here. that would remain in effect for the 2000
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Essential Fish Habitat exists, NMFS may bypass the proposed NMFS interprets the initial ‘‘fishing-up’’ The Council submitted an omnibus rule stage and publish a final rule in the period to mean the 2000 fishing year. Federal Register. The management essential fish habitat (EFH) amendment Preliminary Management Plan for the measures that may be implemented and to address EFH provisions for several Atlantic Herring Fishery of the adjusted through the framework process FMPs for Northeastern fisheries. The Northwestern Atlantic include: (1) Management area omnibus EFH amendment document On July 24, 1995 (60 FR 37848), also included the EFH components of boundaries; (2) size, timing, or location of spawning area closures; (3) closed NMFS announced approval of the PMP the Atlantic Herring FMP, which was to regulate foreign joint venture then still under development by the areas other than spawning closures; (4) restrictions in the amount of fishing activities for Atlantic herring in the Council. Although the Atlantic herring time; (5) a days-at-sea effort control EEZ. The PMP, which set the initial EFH components were included in the system; (6) adjustments to specification for Atlantic herring, omnibus EFH amendment, they were specifications; (7) adjustments to the provided joint venture opportunities in not considered during Secretarial Canadian catch deducted when the EEZ by allocating a portion of the review of the omnibus EFH amendment. determining specifications; (8) allowable biological catch for joint The EFH information for Atlantic distribution of the TAC; (9) gear venture processing. The PMP also herring was incorporated by reference restrictions (such as mesh size) or established permit conditions and into the FMP when that FMP was requirements (such as bycatch-reduction restrictions for foreign vessels that submitted for Secretarial approval. The devices); (10) vessel size or horsepower participate in joint ventures. Because NOA for the FMP invited comment on restrictions; (11) closed seasons; (12) the FMP addresses issues related to the approvability of the herring EFH minimum fish size; (13) trip limits; (14) Atlantic herring foreign joint venture provisions in the Council’s omnibus seasonal, area, or industry sector quotas; activities, NMFS withdraws approval of EFH amendment. Under the framework (15) measures to describe EFH, fishing the PMP and removes existing adjustment process for Atlantic herring, gear management measures to protect regulations related to Atlantic herring measures may be added or adjusted to EFH, and designation of habitat areas of (50 CFR 600.525) effective January 10, describe, identify, and protect EFH and particular concern within EFH; (16) 2001. designate habitat areas of particular measures to facilitate aquaculture, such Comments and Responses concern within EFH. as minimum fish sizes, gear restrictions, Twelve sets of written comments on Annual Monitoring and Framework minimum mesh sizes, possession limits, the FMP were received during the Adjustment Measures tagging requirements, monitoring requirements, reporting requirements, comment period date established by the The FMP will be monitored on an permit restrictions, area closures, NOA, which ended September 27, 1999. annual basis. The status of the resource establishment of special management Those comments were considered by and the fishery will be reviewed by the areas or zones, and any other measures NMFS before it partially approved the Council’s Atlantic Herring Oversight included in the FMP; (17) changes to the FMP on October 27, 1999, and, while Committee in consultation with the overfishing definition; (18) vessel not specifically repeated here, those Commission’s Atlantic Herring Section. monitoring system requirements; (19) comments are characterized below. Recommendations on specifications will limits or restrictions on the harvest of NMFS also received 14 sets of written be developed, as well as any suggested herring for specific uses; (20) quota comments on the proposed rule, some of changes to the management measures. monitoring tools, such as vessel, which included comments on the FMP, These will be forwarded by the Herring operator, or dealer reporting during the comment period specified in Oversight Committee to the Council, requirements; (21) permit and vessel the proposed rule, which ended on which will take appropriate action. upgrading restrictions; (22) April 21, 2000. Because the comment Specifications will be recommended to implementation of measures to reduce period for the proposed rule was NMFS, and changes to management gear conflicts, such as mandatory distinct from, and followed, the measures may be adopted through a monitoring of a radio channel by fishing comment period for the FMP, comments framework adjustment or FMP vessels, gear location reporting by fixed received during the proposed rule amendment, as appropriate. This gear fishermen, mandatory plotting of comment period were not considered in process will begin by July of each year gear by mobile fishermen, standards of NMFS’ determination to approve the so that changes can be implemented by operation when conflict occurs, fixed FMP. However, the comments January 1 of the following fishing year. gear marking or setting practices; gear addressing the proposed rule itself were The Commission is expected to restrictions for certain areas, vessel considered in approval and implement any corresponding changes monitoring systems, restrictions on the implementation of the final rule in state waters. maximum number of fishing vessels, effecting the FMP and its management The framework adjustment process and special permitting conditions; (23) measures and are responded to here. adopted in the FMP is identical to that limited entry or controlled access Those comments specifically addressing used in other Northeast Region fisheries. system; (24) specification of the amount the FMP submitted after September 27, This process allows changes to be made of herring to be used for roe; and (25) 1999, are not responded to here, since to the regulations in a timely manner, any other measure currently included in the comment period on the FMP had without going through the plan the FMP. closed prior to their submission. amendment process, as appropriate. It Comment 1: A commenter expressed provides a formal opportunity for public Clarification of Initial ‘‘Fishing-up’’ concern that the FMP prohibits TALFF comment that substitutes for the Period even though the FMP acknowledges customary public comment period The Council, in its discussion of Atlantic herring is not fully harvested provided by publishing a proposed rule. specifications for the Herring FMP, by the available domestic harvesting If changes to the management measures referred to an initial ‘‘fishing-up’’ period capacity. The commenter further stated were contemplated in the FMP and if in which OY would not exceed MSY. A that the provision on TALFF, as sufficient opportunity for public complete discussion is contained in currently written, is not consistent with comment on the framework action section 3.2 of Volume I of the FMP. section 303(a)(4)(B) of the Magnuson-
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Stevens Act and that the FMP should be strategy for protection of spawning NMFS disapproved the spawning revised to provide for an annual herring is inconsistent between Federal closures measure. specification of TALFF even if, in any and state waters; and that NMFS and the Comment 4: The Commission given year, it is determined that the Council need to address the impacts of commented in support of the FMP’s full amount should be zero. other fisheries on spawning herring, implementation and acknowledged its Response: NMFS concurs and whereby vessels from other fisheries are close coordination with the Council disapproved the prohibition on TALFF. not constrained from fishing in the during the development of the FMP. Section 303(a)(4)(B) of the Magnuson- spawning closures. Response: The Commission Stevens Act provides that any fishery Response: Regarding the commenter’s coordinated development of its management plan that is prepared by concern about the level of effort in Amendment 1 to its Interstate Fishery any Council, or by the Secretary, with Management Area 1A, the management Management Plan for Atlantic Sea respect to any fishery, shall assess and measures are intended to reduce herring Herring simultaneously with the specify the portion of OY which, on an landings from this area. The FMP effects Council’s development of the FMP. In annual basis, will not be harvested by TACs, assigned by management areas, to its attempt to maintain consistency with fis hing vessels of the United States and help prevent overfishing of the resource, the Federal FMP, the Commission can be made available for foreign and Management Area 1A in particular. adopted the Council’s proposed fishing. NMFS approved the vessel size measures, where feasible, in its own Comment 2: A commenter reiterated restrictions. Regarding the commenter’s plan, which was effective in February EFH issues raised previously pertaining request to clarify differences in 1999. Disapproval by NMFS of several to the Northeast Omnibus EFH domestic vessel size restrictions measures of concern in the Federal FMP Amendment. The commenter also between the Atlantic herring and has resulted in inconsistencies between provided extensive comments on Atlantic mackerel fisheries, the FMP the Commission and Federal plans. technical aspects of the Omnibus states that domestic vessels ≥ 165 ft NMFS is working with the Commission and Councils to resolve any Amendment’s discussion of potential (50.3 m) in length, or > 750 GRT, or impacts to EFH from oil, gas, and inconsistencies as they cooperatively 3,000 horsepower are not permitted to mineral extraction, and the develop future management measures. catch, take, or harvest herring in or from recommended conservation and Comment 5: A commenter stated that the EEZ. Amendment 8 to the Atlantic enhancement measures dealing with the FMP fails to prevent overfishing, Mackerel, Squid and Butterfish Fishery these activities. minimize bycatch, and protect EFH. Response: The Northeast Omnibus Management Plan, however, provides With regard to EFH, the commenter said that domestic vessels > 165 ft (50.3 m) EFH Amendment included the EFH > that the Omnibus EFH Amendment components of the Atlantic Herring in length and 750 GRT, or 3,000 incorrectly concluded that mid-water FMP, which was then still under horsepower are not permitted to catch, trawls have minimal effects on EFH; the development by the Council. When take, or harvest mackerel in or from the Omnibus Amendment and the FMP NMFS announced approval of the EFH EEZ. failed to minimize fishing gear impacts amendments to several fishery Further, regarding vessel restrictions on EFH; and the FMP fails to protect management plans (64 FR 19503, April for processing, the FMP states that herring egg beds throughout the range of > 21, 1999) it stated that the EFH domestic vessels 165 ft (50.3 m) in the stock. The commenter also stated > information for Atlantic herring would length, or 750 GRT, are allowed to that the Environmental Impact be incorporated by reference into the process or receive herring in the EEZ, Statement for the FMP fails to discuss Atlantic Herring FMP when that FMP but are limited to the allocated amount adequately the direct, indirect and was submitted for Secretarial approval. specified pursuant to the specification cumulative environmental impacts of NMFS responded to the commenter’s process for USAP. Amendment 8 to the the proposed action; and that NMFS comments submitted on the Northeast Atlantic Mackerel, Squid and Butterfish failed to undertake an Endangered Omnibus EFH Amendment at that time. Fishery Management Plan, however, Species Act (ESA) Section 7 formal Comment 3: A commenter expressed provides no size restrictions for consultation to determine the proposed concern about the level of effort in processing vessels. action’s potential to jeopardize Management Area 1A and disagreed The differences between the mackerel threatened or endangered species. with NMFS’ concerns about the and herring size specifications do not Response: The Northeast Fisheries following: Discrepancies in vessel size result in any practical differential Science Center (NEFSC) reviewed the between the Atlantic mackerel and impact on vessels currently subject to overfishing definition for Atlantic Atlantic herring fisheries (which the these specifications. Nevertheless, herring for compliance with guidelines commenter asked to have clarified); the NMFS will continue to work with the provided in 50 CFR part 600, including lack of a real-time mechanism to New England and Mid-Atlantic consideration of whether the overfishing monitor Canadian catch (tied to the Councils (Councils) and the definition has sufficient scientific merit, adjustment of the TAC for Management Commission to resolve these minor is likely to result in effective action to Area 1A); and the lack of sufficient inconsistencies in order to facilitate protect the stock from closely benefits from adjusting the TAC in FMP administration. approaching or reaching an overfished Management Area 1A after October 1 Regarding NMFS’ concern that there status, provides a basis for the objective because the fishing year ends December is no real-time mechanism to monitor measurement of the status of the stock 31. The commenter also stated that a Canadian catch, even if Canadian data against the overfishing definition, and is real-time monitoring system for the could be obtained, there is no way to operationally feasible. Based on its Canadian fishery does exist; that ensure that it would be provided in review, the NEFSC certified that the adjusting the TAC after October 1 could future years. Therefore, NMFS overfishing definition complies with 50 have substantial benefits to the eastern disapproved adjustment of the TAC for CFR part 600 guidelines. The NEFSC Maine fixed gear fishery; that date- Management Area 1A if the NB, Canada, further stated that the current estimates certain spawning closures are fixed gear fishery would not harvest of biological reference points for this problematic and do not protect 20,000 mt of Atlantic herring by stock complex are based on the best spawning herring; that the overall October 1. available scientific information but
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In § 648.203, paragraph (b) is which have no substantive effect and changes to the rule were made as a corrected to refer to the U.S. at-sea therefore 5 U.S.C. 553 does not apply. result of comments received. processing specification as ‘‘USAP.’’ This action has been determined to be Number of Small Entities In § 648.206, the title is changed from significant for the purposes of Executive ‘‘Framework specifications’’ to Order 12866. The identification of the number of ‘‘Framework provisions.’’ NOAA codifies its OMB control The Council prepared an FEIS for the small entities affected by this final rule numbers for information collection at 15 FMP; a notice of availability was is complicated in two ways. First, CFR part 902. Part 902 collects and published on September 24, 1999 (64 FR vessels fishing for herring are not displays the control numbers assigned 51753). NMFS determined, upon review currently required to possess Federal to information collection requirements of the FMP/FEIS and public comments, herring permits. Second, while many of NOAA by OMB pursuant to the that approval and implementation of the vessels currently landing herring Paperwork Reduction Act (PRA). This FMP is environmentally preferable to possess other Federal permits or letters final rule codifies OMB control numbers the status quo. The FEIS demonstrates of authorization, there are some vessels for 0648-0404 for §§ 648.9 and 648.205. that it contains management measures that fish for herring only in state waters Under NOAA Administrative Order able to prevent overfishing; protect that do not possess such permits or 205-11, dated December 17, 1990, the harbor porpoise; provide economic and authorizations. Only those vessels that Under Secretary for Oceans and social benefits to the fishing industry in have another Federal permit are Atmosphere, NOAA, has delegated to the long term; and contribute to better required to submit vessel trip reports the Assistant Administrator for balance in the ecosystem in terms of the and can be readily identified in the Fisheries, NOAA, the authority to sign herring resource. permit, vessel trip report, and dealer material for publication in the Federal NMFS completed a FRFA that weighout databases. contains the items specified in 5 U.S.C. Register. Because some vessels may target The President has directed Federal 604(a) as follows: agencies to use plain language in their herring for a small number of trips each communications with the public Final Regulatory Flexibility Analysis year, vessels were identified as participating in a ‘‘directed’’ fishery for including regulations. To comply with Need for and Objectives of the Final this directive, we seek public comment Rule herring if they landed at least one trip on any ambiguity or unnecessary of one metric ton (2,205 lb) or more of complexity arising form the language This final rule is necessary to herring during 1997. There were only 61 used in this rule. Send comments to implement approved measures vessels, which landed 97,300 mt, Patricia Kurkul (see ADDRESSES). contained in the Atlantic Herring FMP. amounting to 99 percent of all herring The intent of this final rule is to manage landings in the Northeast, while 140 Classification the Atlantic herring fishery in vessels landing herring during 1997 NMFS has determined that the FMP compliance with the regulations accounted for less than 71 mt. that this rule implements is necessary pursuant to the Magnuson-Stevens Act Expressed in terms of revenues, the 61 for the conservation and management of and the FMP and to prevent overfishing vessels derived about $10.7 million the Atlantic herring fishery and is of the herring resource. This final rule from herring fishing while the consistent with the national standards also withdraws approval of the Atlantic remaining vessels’ total herring of the Magnuson-Stevens Act and other herring PMP and removes previous revenues did not exceed $8,000. applicable laws. regulations related to Atlantic herring Therefore, for RFA purposes, the set of Because current data indicate that the (50 CFR 600.525). affected vessels is limited to these 61 2000 TAC this final rule implements for Public Comments vessels in the directed herring fishery. Management Area 1A is fast being Of the 61 vessels, 17 of them derived, reached, and an inseason adjustment There were 12 sets of public on average, less than $1,000 in herring that has been requested by the Council comments on the FMP submitted during to address the situation cannot be the comment period established by the revenues in 1997. The remaining 44 considered until the 2000 specifications NOA. Those comments were considered vessels were divided into two groups. are in place, and given the immediate by NMFS before it partially approved The first group of 25 vessels derived, on conservation benefit that would result the FMP and are characterized and average, $5,534 from herring revenues from implementing the 2000 fishing responded to by NMFS in the in 1997. The remaining group of 19 specifications, it is contrary to the Comments and Responses section of this vessels earned, on average, $524,000 public interest to delay for 30 days the final rule. NMFS also received 14 sets from herring revenues in 1997. The 44 effective date of regulatory provisions of written comments on the proposed vessels constitute 22 percent of the 201 establishing the specification process, rule and those comments that vessels that landed some herring in management areas, TAC controls and specifically addressed the proposed rule 1997 and 72 percent of the 61 vessels in prohibitions related to the TAC controls. were considered in approval and the directed herring fishery. The Failure to implement the 2000 implementation of the final rule regulations would mostly affect the specifications without delay could have effecting the FMP and its management group of 19 vessels that, on average, a negative impact on fishers and other measures. Responses to comments on earned $524,000 from herring revenues entities dependent on a steady supply of economic impacts of the proposed rule in 1997. These vessels alone represent herring. Therefore, the Assistant are contained in the Response to 31 percent of all business entities in the Administrator for Fisheries, NOAA, Comments section in the preamble and directed herring fishery. Whether the finds under 5 U.S.C. 553(d)(3) that good are not repeated here. Most of the affected set of vessels is defined to cause exists not to delay for 30 days the comments made on the proposed rule include only 61 vessels or all of the 201 effective date of §§ 648.14(x)(10) and addressed the management measures in vessels that landed herring in 1997, the (bb)(7) and (bb)(10), 648.200, 648.201 the FMP that were previously regulations would affect a substantial and 648.202. In addition, §§ 648.1, disapproved by NMFS, rather than the number of the small entities in the 648.2 and 648.206 contain provisions proposed rule itself. No significant fishery.
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Cost of Compliance considered but rejected, see the section estimates, or any other aspect of this of the proposed rule (65 FR 11956). data collection, including suggestions Vessels, dealers, and processors Notwithstanding any other provision for reducing the burden, to NMFS and would be required to obtain permits and of law, no person is required to respond OMB (see ADDRESSES ). comply with reporting requirements. to nor shall any person be subject to a Some participants in the fishery already penalty for failure to comply with a List of Subjects have a Federal permit and comply with collection of information subject to the 15 CFR Part 902 reporting requirements for another requirements of the Paperwork fishery. The compliance costs are Reduction Act (PRA) unless that Reporting and recordkeeping primarily due to the time required to collection-of-information displays a requirements. complete and submit the necessary currently valid OMB control number. forms. The annual costs to comply with This final rule references foreign 50 CFR Parts 600 and 648 these requirements, per vessel, are fishing vessel activity reports, which is Fisheries, Fishing, Foreign Vessels, estimated at $7.80 for vessel permits, a collection-of-information requirement Reporting and recordkeeping $25.32 for operator permits, $27.00 for subject to the PRA that was previously requirements. vessel trip reports, and $52.00 approved by OMB under control (maximum) for interactive voice reports. number 0648-0075. These reports are Dated: November 29, 2000. Total annual compliance costs per estimated to require 6 minutes/ William T. Hogarth, vessel are thus about $112 per vessel for response. Deputy Assistant Administrator for Fisheries, these measures. The total annual cost This final rule also contains 12 new National Marine Fisheries Service. for each dealer is estimated to be $1.58 collection-of-information requirements for permits and $78.70 for weekly subject to the PRA. The collection of For the reasons set out in the landing reports, for an annual total of this information has been approved by preamble, 15 CFR chapter IX, part 902 about $80 per dealer. The annual OMB, and the OMB control numbers and 50 CFR chapter VI, parts 600 and compliance costs for each processor is and the estimated time for a response 648 are amended as follows: also estimated to be $1.58 for permits are listed as follows: 15 CFR Chapter IX and $7.83 for an annual report, or a total Open access Atlantic herring permits, of $9.41 per processor. These costs are OMB control number 0648–0202 (30 PART 902ÐNOAA INFORMATION considered insignificant relative to other minutes/response). COLLECTION REQUIREMENTS UNDER costs of doing business. Operator permits, OMB control THE PAPERWORK REDUCTION ACT; > number 0648–0202 (60 minutes/ Vessels that intend to harvest 500 OMB CONTROL NUMBERS mt of herring per year, or that harvested response). > Dealer permits, OMB control number 500 mt of herring in the previous year, 1. The authority citation for part 902 0648–0202 (5 minutes/response(trip)). would be required to operate a VMS continues to read as follows: unit. The annual cost per vessel to Processor permits, OMB control purchase, install, and operate a VMS number 0648–0202 (5 minutes/ Authority: 44 U.S.C. 3501 et seq. response). unit is estimated to be $2,700. 2. In § 902.1, the table in paragraph (b) Additional costs would be incurred due Vessel trip reports, OMB control number 0648–0212 (5 minutes/ under 50 CFR is amended by revising to burden-hour estimates of the the OMB control number in numerical requirements associated with VMS, response). Interactive voice response system order for § 648.9, and by adding in estimated at an additional $111 per reports, OMB control number 0648– numerical order an entry for § 648.205 vessel per year. At the > 500 mt 0212 (4 minutes/response). with a new OMB control number to read threshold, this would be approximately Dealer logbooks reports, OMB control as follows: 4 percent of annual revenues from number 0648–0229 (2 minutes/ herring. When compared to the average response). § 902.1 OMB control numbers assigned herring revenues of the 19 vessels that Annual processor reports, OMB pursuant to the Paperwork Reduction Act. landed most of the herring in 1997 and control number 0648–0018 (30 minutes/ * * * * * that would be required to have a VMS, response). (b) * * * based on their 1997 landings, this cost Vessel monitoring system verification is equal to approximately 0.5 percent of requirement, OMB control number the average revenues for this group. CFR part or section Current OMB control 0648–0404 (2 minutes/response). where the information number (all numbers Minimizing Significant Economic Vessel monitoring system reports, collection requirement is located begin with 0648±) Impacts on Small Entities OMB control number 0648–0404 (5 seconds/response). ***** An analysis indicated that the Vessel monitoring system installation, alternatives implemented by this final OMB control number 0648–0404 (60 rule would minimize significant minutes/response). 50 CFR economic impacts while achieving the Herring carrier exemption from VMS ***** conservation goals and objectives of the requirements authorization letter, OMB FMP. The Council considered other control number 0648–0404 (2 minutes/ 648.9 * * * -0202, -0307, alternatives but did not choose them response). and -0404 because it determined that they would The aforementioned response ***** limit the ability of some smaller vessels estimates include the time for reviewing in other fisheries to shift into the instructions, searching existing data 648.205 -0404 herring fishery, or would be difficult to sources, gathering and maintaining the ***** implement or monitor accurately, or data needed, and completing and would conflict with FMP goals. For a reviewing the collection of information. description of the alternatives Send comments regarding these burden
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50 CFR Chapter VI (1) Any person who purchases or extraction, smoking, salting, drying, receives for a commercial purpose other freezing, or rendering into meal or oil. PART 600ÐMAGNUSON-STEVENS than solely for transport or pumping * * * * * ACT PROVISIONS operations any herring from a vessel U.S. at-sea processing (USAP), with issued a Federal Atlantic herring permit, 1. The authority citation for part 600 respect to the Atlantic herring fishery, whether offloaded directly from the continues to read as follows: means the specification, pursuant to § vessel or from a shore-based pump, for 648.200, of the amount of herring Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 any purpose other than for the available for processing by U.S. vessels et seq. purchaser’s own use as bait; or issued an Atlantic herring processing § 600.525 [Removed] (2) Any person owning or operating a permit as described in § 648.4(a)(10)(ii). 2. Remove § 600.525. processing vessel that receives any * * * * * Atlantic herring from a vessel issued a Vessel Monitoring System (VMS) PART 648ÐFISHERIES OF THE Federal Atlantic herring permit whether means a vessel monitoring system or NORTHEASTERN UNITED STATES at sea or in port. VMS unit as set forth in § 648.9 and Atlantic herring processor means a approved by NMFS for use on Atlantic 1. The authority citation for part 648 person who receives unprocessed sea scallop, NE multispecies, monkfish, continues to read as follows: Atlantic herring from a fishing vessel and Atlantic herring vessels, as required Authority: 16 U.S.C. 1801 et seq. issued a Federal Atlantic herring permit by this part. or from an Atlantic herring dealer for 2. In § 648.1, the first sentence of * * * * * the purposes of processing; or the owner paragraph (a) is revised to read as 4. In § 648.4, the section heading is follows: or operator of a fishing vessel that processes Atlantic herring; or an revised, and paragraphs (a)(10) and § 648.1 Purpose and scope. Atlantic herring dealer who purchases (c)(2)(vi) are added to read as follows: (a) This part implements the fishery Atlantic herring from a fishing vessel § 648.4 Vessel permits. management plans (FMPs) for the with a Federal Atlantic herring permit (a) * * * Atlantic mackerel, squid, and butterfish for resale as bait. (10) Atlantic herring vessels—(i) fisheries (Atlantic mackerel, Squid, and * * * * * Atlantic herring permit. Butterfish FMP); Atlantic salmon Border transfer (BT) means the (A) Except as provided herein, any (Atlantic Salmon FMP); the Atlantic sea amount of herring specified pursuant to vessel of the United States must have scallop fishery (Atlantic Sea Scallop § 648.200 that may be transferred to a been issued and have on board a valid FMP); the Atlantic surf clam and ocean Canadian transport vessel that is Atlantic herring permit to fish for, catch, quahog fisheries (Atlantic Surf Clam permitted under the provisions of Pub. possess, transport, land, or process and Ocean Quahog FMP); the Northeast L. 104-297, section 105(e). Atlantic herring in or from the EEZ. multispecies and monkfish fisheries * * * * * This requirement does not apply to the ((NE Multispecies FMP) and (Monkfish Council means the New England following: FMP)); the summer flounder, scup, and Fishery Management Council (NEFMC) (1) A vessel that possesses herring black sea bass fisheries (Summer for the Atlantic herring, Atlantic sea solely for its own use as bait, providing Flounder, Scup, and Black Sea Bass scallop, and the NE multispecies the vessel does not have purse seine, FMP); the Atlantic bluefish fishery fisheries, and the Mid-Atlantic Fishery mid-water trawl, pelagic gillnet, sink (Atlantic Bluefish FMP); the spiny Management Council (MAFMC) for the gillnet, or bottom trawl gear on board; dogfish fishery (Spiny Dogfish FMP); Atlantic mackerel, squid, and butterfish; or and the Atlantic herring fishery the Atlantic surf clam and ocean (2) A skiff or other similar craft used (Atlantic Herring FMP).* * * quahog; the summer flounder, scup, and exclusively to deploy the net in a purse * * * * * black sea bass fisheries; the spiny seine operation during a fishing trip of 3. In § 648.2, the definitions for dogfish fishery; and the Atlantic a vessel that is duly permitted under ‘‘Council’’, ‘‘IVR system’’, and ‘‘Vessel bluefish fishery. this part. (B) Eligibility. A vessel of the United Monitoring System’’ are revised and the * * * * * States is eligible for and may be issued definitions for ‘‘Atlantic herring’’, IVR System means the Interactive an Atlantic herring permit to fish for, ‘‘Atlantic herring carrier’’, ‘‘Atlantic Voice Response reporting system catch, take, harvest, and possess herring dealer’’, ‘‘Atlantic herring established by the Regional Atlantic herring in or from the EEZ processor’’, ‘‘Border transfer’’, ‘‘JVPt’’, Administrator for the purpose of unless the vessel is ≥ 165 feet (50.3 m) ‘‘Processing’’, and ‘‘U.S. at-sea- monitoring harvest levels for certain in length overall (LOA), or > 750 GRT processing’’ are added alphabetically to species. read as follows: (680.4 mt), or the vessel’s total main * * * * * propulsion machinery is > 3,000 § 648.2 Definitions. JVPt, with respect to the Atlantic horsepower. * * * * * herring fishery, means the specification (ii) Atlantic herring processing Atlantic herring means Clupea of the total amount of herring available permit. A vessel of the United States harengus. for joint venture processing by foreign that is > 165 feet (50.3 m) LOA, or > 750 Atlantic herring carrier means a vessels in the EEZ and state waters. GRT (680.4 mt) is eligible to obtain an fishing vessel with an Atlantic herring * * * * * Atlantic herring processing permit to permit that does not have any gear on Processing, or to process, in the receive and process Atlantic herring board capable of catching or processing Atlantic herring fishery means the subject to the U.S. at-sea processing herring and that has on board a letter of preparation of Atlantic herring to render (USAP) allocation published by the authorization from the Regional it suitable for human consumption, bait, Regional Administrator pursuant to § Administrator to transport herring commercial uses, industrial uses, or 648.200. Such vessel may not receive or caught by another fishing vessel. long-term storage, including but not process Atlantic herring caught in or Atlantic herring dealer means: limited to cooking, canning, roe from the EEZ unless the vessel has been
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(C) Atlantic herring IVR reports are or a moratorium permit for summer the amount of herring transshipped not required from Atlantic herring flounder. * * * equals the amount of the BT specified carrier vessels. * * * * * pursuant to § 648.200. * * * * * 10. In § 648.12, the first sentence of 12. In § 648.14, paragraph (a)(103) is (f) * * * the introductory text is revised to read revised, and paragraphs (x)(10) and (bb) (3) At-sea purchasers, receivers, or as follows: are added to read as follows: processors. All persons, except persons on Atlantic herring carrier vessels, § 648.12 Experimental fishing. § 648.14 Prohibitions. purchasing, receiving, or processing any The Regional Administrator may (a) * * * Atlantic herring, summer flounder, exempt any person or vessel from the (103) Sell, barter, trade, or transfer, or Atlantic mackerel, squid, butterfish, requirements of subparts A (General attempt to sell, barter, trade, or transfer, scup, or black sea bass at sea for landing Provisions), B (Atlantic Mackerel, other than solely for transport, any at any port of the United States must Squid, and Butterfish Fisheries), D Atlantic herring, multispecies, or submit information identical to that (Atlantic Sea Scallop Fishery), E monkfish, unless the dealer or transferee required by paragraphs (a)(1) or (a)(2) of (Atlantic Surf Clam and Ocean Quahog has a valid dealer permit issued under this section, as applicable, and provide Fisheries), F (NE Multispecies and § 648.6. A person who purchases and/or those reports to the Regional Monkfish Fisheries), G (Summer receives Atlantic herring at sea for his Administrator or designee on the same Flounder Fishery), H (Scup Fishery), I own personal use as bait, and does not frequency basis. (Black Sea Bass Fishery), J (Atlantic have purse seine, mid-water trawl, * * * * * Bluefish Fishery), K (Atlantic Herring pelagic gillnet, sink gillnet, or bottom trawl gear on board, is exempt from the 8. In § 648.9, paragraphs (c)(1) and (f) Fishery), or L (Spiny Dogfish Fishery) of requirement to possess an Atlantic are revised and paragraph (c)(2)(iii) is this part for the conduct of experimental herring dealer permit. added to read as follows: fishing beneficial to the management of the resources or fishery managed under * * * * * § 648.9 VMS requirements. that subpart. * * * (x) * * * * * * * * * * * * * (10) Atlantic herring. All Atlantic (c) * * * 11. In § 648.13, paragraph (f) is added herring retained or possessed on a (1) Except as provided in paragraph to read as follows: vessel issued any permit under § 648.4 (c)(2) of this section, or unless otherwise are deemed to have been harvested from required by § 648.58(h), all required § 648.13 Transfers at sea. the EEZ, unless the preponderance of all VMS units must transmit a signal * * * * * submitted evidence demonstrates that indicating the vessel’s accurate position (f) Atlantic herring. Except for a such Atlantic herring were harvested by at least every hour, 24 hours a day, person who purchases and/or receives a vessel fishing exclusively in state throughout the year. Atlantic herring at sea for his own waters. (2) * * * personal use as bait and who does not * * * * * (iii) Any VMS-equipped vessel with have purse seine, mid-water trawl, (bb) In addition to the general an Atlantic herring permit, unless pelagic gillnet, sink gillnet, or bottom prohibitions specified in § 600.725 of required by other fishery regulations to trawl gear on board, any person or this chapter and in paragraph (a) of this have on board a fully operational VMS vessel is prohibited from transferring, section, it is unlawful for any person to unit at all times, need not transmit a receiving, or attempting to transfer or do any of the following: signal when the vessel is in port. receive any Atlantic herring taken from (1) Fish for, possess, retain or land * * * * * the EEZ, and any vessel issued an Atlantic herring, unless: (f) Access. As a condition to obtaining Atlantic herring permit is prohibited (i) The Atlantic herring are being a limited access scallop or multispecies from transferring, receiving, or fished for or were harvested in or from permit, or an Atlantic herring permit, all attempting to transfer or receive, the EEZ by a vessel holding a valid vessel owners must allow NMFS, the Atlantic herring, unless the person or Atlantic herring permit under this part, USCG, and their authorized officers or vessel complies with the following: and the operator on board such vessel designees access to the vessel’s DAS (1) The transferring and receiving has been issued an operator permit that data, if applicable, and location data vessels have been issued valid Atlantic is on board the vessel; or obtained from its VMS unit, if required, herring permits and/or other applicable (ii) The Atlantic herring were at the time of or after its transmission to authorization, such as a letter of harvested by a vessel not issued an the vendor or receiver, as the case may authorization from the Regional Atlantic herring permit that was fishing be. Administrator, to transfer or receive exclusively in state waters; or * * * * * herring. (iii) The Atlantic herring were 9. In § 648.11, the first sentence of (2) The vessel does not transfer to a harvested in or from the EEZ by a vessel paragraph (a) is revised to read as U.S. vessel, and a U.S. vessel does not engaged in recreational fishing; or > follows: receive, 2,000 lb (907.2 kg) of herring (iv) Unless otherwise specified in per day in or from a management area accordance with § 648.17. § 648.11 At-sea sampler/observer closed to directed fishing for Atlantic (2) Operate, or act as an operator of, coverage. herring. a vessel with an Atlantic herring permit, (a) The Regional Administrator may (3) The vessel does not transfer or a vessel fishing for or possessing require any vessel holding any of the herring in or from an area closed to Atlantic herring in or from the EEZ, following permits to carry a NMFS- directed fishing for Atlantic herring to unless the operator has been issued, and approved sea sampler/observer: Atlantic an IWP or Joint Venture vessel. is in possession of, a valid operator sea scallop, Atlantic herring, NE (4) The vessel does not transfer permit. multispecies, monkfish, Atlantic Atlantic herring to a Canadian (3) Purchase, possess, receive, or mackerel, spiny dogfish, squid, transshipment vessel that is permitted attempt to purchase, possess, or receive, butterfish, scup, bluefish, black sea bass, in accordance with Pub. L. 104-297 after as a dealer, or in the capacity of a
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(4) Adjustments to TALFF, if any, will shall propose any release of the TAC § 648.202 Total allowable catch (TAC) be made based on updated information reserve in the Federal Register and controls. relating to status of stocks, estimated provide an opportunity for public (a) If NMFS determines that catch will and actual performance of domestic and comment. After considering any reach or exceed 95 percent of the TAC foreign fleets, and other relevant factors. comments received, any release of the in a management area before the end of (c) The Atlantic Herring Oversight TAC reserve shall be announced the fishing year, NMFS shall prohibit a Committee shall review the through notification in the Federal vessel, beginning the date the catch is recommendations of the PDT and shall Register. projected to reach 95 percent of the consult with the Commission’s Herring TAC, from fishing for, possessing, Section. Based on these § 648.201 Management areas. catching, transferring, or landing > 2,000 recommendations and any public Three management areas, which may lb (907.2 kg) of Atlantic herring per trip comment received, the Herring and/or > 2,000 lb (907.2 kg) of Atlantic have different management measures, Oversight Committee shall recommend herring per day in such area pursuant to are established for the Atlantic herring to the Council appropriate paragraph (e) of this section, except as fishery. Management Area 1 is specifications. The Council shall review provided in paragraphs (c) and (d) of subdivided into inshore and offshore these recommendations and, after this section. These limits shall be sub-areas. The management areas are considering public comment, shall enforced based on a calendar day, recommend appropriate specifications defined as follows: without regard to the length of the trip. to NMFS. NMFS shall review the (a) Management Area 1 (Gulf of (b) NMFS may raise the percent of the recommendations, consider any Maine): All U.S. waters of the Gulf of TAC that triggers imposition of the comments received from the Maine (GOM) north of a line extending 2,000-lb (907.2-kg) limit specified in Commission and, on or about September from the eastern shore of Monomoy paragraph (a) of this section through the 15, shall publish notification in the Island at 41° 35’ N. lat., eastward to a annual specification process described Federal Register proposing point at 41° 35’ N. lat., 69° 00’ W. long., in § 648.200. Any lowering of the specifications and providing a 30-day thence northeasterly to a point along the percent of the TAC that triggers the public comment period. If the proposed Hague Line at 42° 53’14’’ N. lat., 67° 2,000-lb (907.2-kg) limit specified in specifications differ from those 44’35’’ W. long., thence northerly along paragraph (a) of this section must be recommended by the Council, the the Hague Line to the U.S.-Canadian accomplished through the framework reasons for any differences shall be border, to include state and Federal adjustment or amendment processes. clearly stated and the revised waters adjacent to the States of Maine, (c) A vessel may transit an area that specifications must satisfy the criteria New Hampshire, and Massachusetts. is limited to the 2,000-lb (907.2-kg) limit set forth in this section. Management Area 1 is divided into Area specified in paragraph (a) of this section (d) On or about November 1 of each > 1A (inshore) and Area 1B (offshore). The with 2,000 lb (907.2 kg) of herring on year, NMFS shall make a final board, providing all fishing gear is determination concerning the line dividing these areas is described by the following coordinates: stowed and not available for immediate specifications for Atlantic herring. use as required by § 648.23(b). Notification of the final specifications (d) A vessel may land in an area that AREA 1 and responses to public comments shall is limited to the 2,000-lb (907.2-kg) limit be published in the Federal Register. If specified in paragraph (a) of this section N. Latitude W. Longitude the final specification amounts differ with > 2,000 lb (907.2 kg) of herring on from those recommended by the 41° 58' 70° 00' at Cape Cod board, providing such herring were Council, the reason(s) for the shoreline caught in an area or areas not subject to difference(s) must be clearly stated and 42°38.4' 70° 00' the 2,000-lb (907.2-kg) limit specified in the revised specifications must be 42° 53' 69° 40' paragraph (a) of this section and consistent with the criteria set forth in 43°12' 69° 00' providing all fishing gear is stowed and paragraph (b) of this section. The 43°40' 68° 00' not available for immediate use as previous year’s specifications shall 43° 58' 67° 22' (the U.S.- required by § 648.23(b). remain effective unless revised through Canada Maritime (e) NMFS shall implement fishing the specification process. NMFS shall Boundary) restrictions as specified in paragraph (a) issue notification in the Federal (1) (1) of this section by publication of a Register if the previous year’s notification in the Federal Register, specifications will not be changed. 1Northward along the irregular U.S.-Canada maritime boundary to the shoreline. without further opportunity for public (e) In-season adjustments. (1) The comment. specifications and TACs established (b) Management Area 2 (South § 648.203 Vessel size/horsepower limits. pursuant to this section may be adjusted Coastal Area): All waters west of 69° 00’ by NMFS, after consulting with the W. long. and south of 41° 35’ N. lat., to (a) To catch, take, or harvest Atlantic Council, during the fishing year by include state and Federal waters herring, a U.S. vessel issued an Atlantic publishing notification in the Federal adjacent to the States of Massachusetts, herring permit must not exceed the Register stating the reasons for such Rhode Island, Connecticut, New York, specifications contained in action and providing an opportunity for § 648.4(a)(10)(i)(B). If any such vessel New Jersey, Delaware, Maryland, prior public comment. Any adjustments exceeds such specifications, its permit Virginia, and North Carolina. must be consistent with the Atlantic automatically becomes invalid and the Herring FMP objectives and other FMP (c) Management Area 3 (Georges vessel may not catch, take, or harvest provisions. Bank): All U.S. waters east of 69° 00’ W. Atlantic herring, as applicable, in or (2) If a total allowable catch reserve long. and southeast of the line that runs from the EEZ. (TAC reserve) is specified for an area, from a point at 69° 00’ W. long. and 41° (b) A U.S. vessel issued an Atlantic NMFS may make any or all of that TAC 35’ N. lat., northeasterly to the Hague herring processor permit may receive reserve available to fishers after Line at 67° 44’35’’ W. long. and 42° and process herring, providing such consulting with the Council. NMFS 53’14’’ N. lat. vessel is ≤ 165 feet (50.3 m) in length
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(2) Size, timing, or location of new or (e) Emergency action. Nothing in this on Inseason Adjustment of 2000 existing spawning area closures; section is meant to derogate from the Atlantic herring specifications.’’ (3) Closed areas other than spawning authority of the Secretary to take Comments may also be sent via closures; emergency action under section 305(e) facsimile (fax) to (978) 281–9371. (4) Restrictions in the amount of of the Magnuson-Stevens Act. Comments will not be accepted if fishing time; [FR Doc. 00–31220 Filed 12–8–00; 8:45 am] submitted via e–mail or the Internet. (5) A days-at-sea system; BILLING CODE 3510±22±S (6) Adjustments to specifications; FOR FURTHER INFORMATION CONTACT: (7) Adjustments to the Canadian catch Myles Raizin, Fishery Policy Analyst, 978–281–9288, fax at (978) 281–9135. deducted when determining DEPARTMENT OF COMMERCE specifications; SUPPLEMENTARY INFORMATION: (8) Distribution of the TAC; National Oceanic and Atmospheric (9) Gear restrictions (such as mesh Administration Inseason Adjustment size, etc.) or requirements (such as The inseason adjustment adjusts the bycatch-reduction devices, etc.); 50 CFR Part 648 2000 specifications for the Atlantic (10) Vessel size or horsepower herring fishery by transferring 5,000 mt restrictions; [Docket No. 000105004±0260±02 ;I.D. (11) Closed seasons; 120400A] specified for JVP and 15,000 mt (12) Minimum fish size; specified for IWP to USAP, and RIN 0648±AI78 (13) Trip limits; transferring 15,000 mt of Atlantic herring from the Area 1B TAC to the (14) Seasonal, area, or industry sector Fisheries of the Northeastern United quotas; Area 1A TAC. This action is consistent States; Atlantic Herring Fisheries; 2000 with the FMP. (15) Measures to describe and identify Specifications; Adjustment; Closure essential fish habitat (EFH), fishing gear JVP is the amount of herring management measures to protect EFH, AGENCY: National Marine Fisheries purchased over the side from U.S. and designation of habitat areas of Service (NMFS), National Oceanic and vessels and processed by foreign vessels particular concern within EFH; Atmospheric Administration (NOAA), in the EEZ; IWP is the amount of herring (16) Measures to facilitate Commerce. purchased over the side from U.S. aquaculture, such as minimum fish ACTION: Inseason adjustment of the 2000 vessels and processed by foreign vessels sizes, gear restrictions, minimum mesh Atlantic herring specifications; closure at anchor in state waters; JVPt is the sizes, possession limits, tagging of Area 1A. sum of JVP and IWP; and USAP is the requirements, monitoring requirements, amount of herring purchased over the reporting requirements, permit SUMMARY: NMFS adjusts the 2000 side from U.S. vessels and processed in restrictions, area closures, establishment annual specifications for the Atlantic the EEZ by U.S. vessels of the United of special management areas or zones, herring fishery including total joint States that are larger than 165 ft (50.3 m) and any other measures included in the venture processing (JVPt), joint venture in length overall or greater than 750 FMP; processing (JVP), internal waters gross registered tons (680.4 mt). For (17) Changes to the overfishing processing (IWP), U.S. at–sea processing fishing year 2000, JVP allocations were definition; (USAP), and total allowable catch (TAC) specified for Areas 2 and 3. (18) Vessel monitoring system for Areas 1A and 1B. The intent is to Regulations at § 648.200(e) allow requirements; reapportion allowable catches of herring NMFS, after consulting with the New (19) Limits or restrictions on the within the fishery sectors and areas to England Fishery Management Council harvest of herring for specific uses; allow for the achievement of the (20) Quota monitoring tools, such as (Council), to adjust annual objectives of the Fishery Management specifications for the Atlantic herring vessel, operator, or dealer reporting Plan for Atlantic Herring (FMP). NMFS requirements; fishery during the fishing year by also announces that the directed fishery publishing notification in the Federal (21) Permit and vessel upgrading for Atlantic herring in Area 1A in the restrictions; Register stating the reasons for such exclusive economic zone (EEZ) will be action and providing an opportunity for (22) Implementation of measures to closed. reduce gear conflicts, such as mandatory public comment. Any adjustments must monitoring of a radio channel by fishing DATES: The closure of Area 1A is be consistent with the FMP objectives vessels, gear location reporting by fixed effective December 14, 2000 through and other FMP provisions. 0001 hours, January 1, 2001. After 0001 gear fishermen, mandatory plotting of 2000 Herring Specifications gear by mobile fishermen, standards of hours, December 14, 2000, vessels may operation when conflict occurs, fixed not fish for, possess, catch, transfer, or The FMP, which was submitted for gear marking or setting practices; gear land more than 2,000 lb (907.2 kg) of Secretarial review by the Council on restrictions for certain areas, vessel Atlantic herring per trip and per March 8, 1999, and partially approved monitoring systems, restrictions on the calendar day. Comments on the on October 27, 1999, contains maximum number of fishing vessels, inseason adjustment must be received specifications for the 1999 fishery. The and special permitting conditions; by January 10, 2001. 2000 specifications are unchanged from (23) Limited entry or controlled ADDRESSES: Comments on the inseason those designated as 1999 specifications access system; adjustment should be sent to Patricia A. in the FMP (see Table 1). The FMP and (24) Specification of the amount of Kurkul, Regional Administrator, NMFS, the 2000 fishery specifications were herring to be used for roe; and Northeast Regional Office, 1 Blackburn implemented through a final rule (5) Any other measure currently Drive, Gloucester, MA 01930. Mark on published in the final rule section of included in the FMP. the outside of the envelope ‘‘Comments this edition of the Federal Register.
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TABLE 1. 2000 ATLANTIC HERRING and specifications for the 1999 fishery, would yield a loss in total revenue of SPECIFICATIONS (UNADJUSTED) the Council received management $1,863,225, relative to 1997. advice from Stock Assessment Adjustment to JVP and USAP Workshop 27 that cautioned that any Specifica- Recommended Amount (mt) tion increase in catch in the herring fishery In July 1999, the Council approved should not come from Area 1. recommendations for herring ABC 300,000 Information available at that time specifications for the 2000 fishery and OY 224,000 indicated that the historic fishery subsequently submitted those DAH 224,000 recommendations to NMFS with an DAP 180,000 harvested, on average, approximately USAP 0 70,000 mt per year from Area 1. accompanying environmental analysis BT 4,000 Therefore, the Council established a and RIR. The public was invited to JVPt 40,000 TAC of 70,000 mt for Area 1, consistent comment on those recommendations at JVP±Area with the scientific advice. meetings of the Herring Committee and 2 10,000 The 2000 specifications for herring Council. At that time, the Council JVP±Area contained in the FMP divided the assumed that final regulations 3 5,000 implementing the FMP would be IWP 25,000 70,000 mt Area 1 TAC into a TAC of 45,000 mt in Area 1A and 25,000 mt in effective prior to the beginning of the Reserve 0 2000 fishing year. However, in the final TAC±Area Area 1B. In setting the Area 1 TAC in rule implementing the FMP, NMFS 1A 45,000 the FMP, the Council noted that extended the 1999 specifications TAC±Area estimated landings from the area were approved in the FMP to the 2000 1B 25,000 relatively low in 1998 and early 1999. fishery. NMFS informed the Council TAC±Area Area 1A landings for 1998 totaled only 2 50,000 that its submission would be considered 43,586 mt, down from 67,608 mt in (54,000 TAC reserve) as an adjustment to the 2000 1997. Since the majority of herring TAC±Area specifications, once the final rule spawning occurs in Area 1A, the 3 50,000 implementing the FMP was published. Council reacted to the reduction in The 2000 specifications implemented Since submission of the FMP, the landings in that area by specifying a by the FMP set USAP at 0 mt, JVPt at Council has received new information TAC of only 45,000 mt TAC, to afford 40,000 mt, JVP at 15,000 mt, and IWP that has prompted the Council to more protection for the spawning stock, at 25,000 mt. In its submission, the reconsider the 2000 specifications and noting that there was uncertainty as to Council recommended an adjustment request NMFS to adjust those whether the decline in 1998 was due to that transfers 20,000 mt from JVPt, specifications for the remainder of the a drastic change in stock size or simply including 5,000 mt from JVP and 15,000 2000 fishery. The adjusted due to a change in availability. mt from IWP, to USAP, resulting in a specifications are presented in Table 2 However, landings from Area 1A USAP of 20,000 mt, a JVPt of 20,000 mt, and discussed here. rebounded to an estimated 63,195 mt in and JVP and IWP of 10,000 mt each. In 1999, causing the Council to reconsider addition, the 10,000 mt specification of TABLE 2. 2000 ATLANTIC HERRING the appropriate TAC for Area 1A. The JVP now reflects the combined SPECIFICATIONS (ADJUSTED) Council concluded that the reduction in allocation in Areas 2 and 3, whereas, the landings in 1998 was not a result of low 2000 specifications allocated 5,000 mt herring abundance, but only in Specifica- Recommended Amount (mt) to Area 2 and 10,000 mt to Area 3. tion availability of fish in Area 1A in 1998. There are currently no large U.S. Therefore, the Council determined that vessels processing herring at sea in ABC 300,000 there was no biological risk in OY 224,000 Areas 1, 2, or 3. However, the Council DAH 224,000 increasing the TAC in Area 1A to 60,000 determined that capacity exists to DAP 180,000 mt, while reducing the TAC in Area 1B process 20,000 mt. The Council does not USAP 20,000 to 10,000 mt. In addition, the Council want to deprive large U.S. vessels of the BT 4,000 noted in its request that any opportunity to accept herring over the JVPt 20,000 conservation concerns regarding side and process it at sea; large foreign JVP±Area spawning potential for Area 1A herring boats have the potential to do this under 2 and are further alleviated by the Atlantic Area 3 10,000 joint venture arrangements. States Marine Fisheries Commission’s Specification of USAP is consistent with IWP 10,000 decision to close sub–areas in Area 1A Reserve 0 an objective of the FMP that directs the TAC±Area to directed fishing during peak Council to adopt measures that would 1A 60,000 spawning periods. maximize domestic use and encourage TAC±Area The Council determined that the value–added product utilization. 1B 10,000 maintenance of a 45,000–mt TAC in TAC±Area Area 1A for the 2000 fishery could Closure of Area 1A 2 50,000 result in an unnecessary and The regulations at 50 CFR 648.202 (54,000 TAC reserve) unintended adverse economic impact, require NMFS to close, by notification TAC±Area since TAC in Area 1A in 2000 would be action, the directed Atlantic herring 3 50,000 approximately 23,000 mt less than fishery in any of the four management estimated 1999 landings. In Table E.58 areas designated in the FMP, if the Adjustment to the TAC Specification for of the Regulatory Impact Review (RIR) harvest of Atlantic herring is projected Herring in Areas 1A and 1B accompanying the FMP, the Council to reach 95 percent of the TAC allocated Area 1A and 1B together comprise estimated that a 60,000–mt TAC in Area to that area. NMFS determined, based Area 1, also referred to as the Gulf of 1A, relative to 1997 landings, would on available data, that 95 percent of the Maine (GOM) stock component of the yield a gain in total revenues of adjusted Area 1A TAC of 60,000 mt has herring fishery. In preparing the FMP $121,275, while a TAC of 45,000 mt been harvested. Therefore, NMFS
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Part V
Department of Transportation Federal Motor Carrier Safety Administration
Qualification of Drivers; Exemption Applications; Vision; Notice
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DEPARTMENT OF TRANSPORTATION exemption would likely achieve a level peripheral vision in the better eye to of safety that is equivalent to, or greater qualify for an exemption. Fourteen Federal Motor Carrier Safety than, the level that would be achieved applicants did not qualify for the Administration absent such exemption.’’ According to exemption because they meet the vision the legislative history, the Congress standards at 49 CFR 391.41(b)(10). Qualification of Drivers; Exemption changed the statutory standard to give Summary of Causes for Not Granting Applications; Vision the agency greater discretion to consider Exemptions AGENCY: Federal Motor Carrier Safety exemptions. The previous standard was The FMCSA has denied the following Administration (FMCSA), DOT. judicially construed as requiring an advance determination that absolutely petitions for exemption from the vision ACTION: Notice of denials. no reduction in safety would result from standard in 49 CFR 391.41(b)(10). In SUMMARY: The FMCSA is publishing the an exemption. The Congress revised the accordance with 49 U.S.C. 31315(b)(4) names of persons denied exemptions standard to require that an ‘‘equivalent’’ and 31136(e), the agency is publishing from the vision standard in 49 CFR level of safety be achieved by the the names of the applicants and the 391.41(b)(10) and the reasons for the exemption. reasons for not granting exemptions. denials. The FMCSA individually evaluated 1. Darryl P. Aalvik 247 exemption requests on their merits, FOR FURTHER INFORMATION CONTACT: For as required by the decision in Mr. Aalvik does not have sufficient information about the applications Rauenhorst v. United States Department driving experience over the past 3 years addressed in this notice, Ms. Teresa of Transportation, Federal Highway under normal highway operating Doggett, Office of Bus and Truck Administration, 95 F. 3d. 715 (8th Cir. conditions that would serve as an Standards and Operations, MC-PSD, 1996), and determined that the adequate predictor of future safe (202) 366–2990; for information about applicants do not satisfy the criteria performance. legal issues related to this notice, Mr. established to demonstrate that granting 2. Raymond Albernaz Joe Solomey, Office of the Chief the exemptions is likely to achieve an Counsel, (202) 366–1374, FMCSA, 400 equal or greater level of safety than Mr. Albernaz does not have sufficient Seventh Street, SW., Washington, D.C. exists without the exemption. Each driving experience over the past 3 years 20590–0001. Office hours are from 7:45 applicant has, prior to this notice, under normal highway operating a.m. to 4:15 p.m., e.t., Monday through received a letter of final disposition on conditions that would serve as an Friday, except Federal holidays. his/her individual exemption request. adequate predictor of future safe SUPPLEMENTARY INFORMATION: The Those decision letters fully outlined the performance. Secretary of Transportation (Secretary) basis for the denial and constitute final 3. Jesse D. Alligood has the authority under 49 U.S.C. 31502 agency action. The list published today Mr. Alligood does not have sufficient and 31136 to establish standards for summarizes the agency’s recent denials physical qualifications that must be met driving experience over the past 3 years as required under 49 U.S.C. 31315(b)(4) under normal highway operating by commercial motor vehicle drivers in by periodically publishing names and interstate commerce. These standards conditions that would serve as an reason for denials. adequate predictor of future safe are published in Part 391 of the Federal Two hundred and six applicants performance. Motor Carrier Safety Regulations. The lacked sufficient recent driving history and delegation of authority to experience over the past three years. 4. Roberto E. Alvarado the Federal Motor Carrier Safety Thirteen applicants lacked at least three Mr. Alvarado has no experience Administration (FMCSA) was published years of experience driving a operating a commercial motor vehicle in the Federal Register on January 4, commercial motor vehicle with their and therefore presented no evidence 2000 (65 FR 220). respective vision deficiencies. Two from which the FMCSA can conclude applicants had no experience driving a Background that granting the exemption is likely to commercial motor vehicle. Five achieve a level of safety equal to that On June 9, 1998, the FHWA’s waiver applicants were convicted of moving existing without the exemption. authority changed with enactment of the violations in conjunction with Transportation Equity Act for the 21st accidents. An applicant for an 5. Tracy Ammons Century (TEA–21), Public Law 105–178, exemption cannot be involved in an Mr. Ammons does not have sufficient 112 Stat. 107. Section 4007 of TEA–21 accident for which he or she received a driving experience over the past 3 years amended the waiver provisions of 49 citation for a moving violation. Two under normal highway operating U.S.C. 31136(e) and 31315 to change the applicants could not qualify for the conditions that would serve as an standard for evaluating waiver requests, exemption because they were convicted adequate predictor of future safety to distinguish between a waiver and an of three speeding violations in a three- performance. exemption, and to establish term limits year period, thus exceeding the two for both. Under revised section speeding violation maximum in a three- 6. Mike Anderson 31136(e), the FMCSA may grant a year period to qualify for the vision Mr. Anderson does not have 3 years waiver for a period of up to 3 months exemption. Two applicants had their of experience driving a commercial or an exemption for a renewable 2-year licenses suspended during the three- motor vehicle with his vision period. year period and, therefore, could not deficiency. The amendments to 49 U.S.C. qualify for the exemption. Two 31136(e) also changed the criteria for applicants did not qualify for the vision 7. Melvin R. Athey, Jr. exempting a person from application of exemption because, in addition to the Mr. Athey does not have sufficient a regulation. Previously an exemption vision deficiency, they have other driving experience over the past 3 years was appropriate if it was consistent with disqualifying medical conditions, and under normal highway operating the public interest and the safe cannot meet the physical qualifications conditions that would serve as an operation of CMVs. Now the FMCSA standards found at 49 CFR 391.41. One adequate predictor of future safe may grant an exemption if it finds ‘‘such applicant did not have sufficient performance.
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8. Doug Aulbach adequate predictor of future safe adequate predictor of future safe Mr. Aulbach does not have sufficient performance. performance. driving experience over the past 3 years 17. Ronald Becklund 26. Claude Bowden under normal highway operating Mr. Becklund does not have sufficient Mr. Bowden does not have sufficient conditions that would serve as an driving experience over the past 3 years driving experience over the past 3 years adequate predictor of future safe under normal highway operating under normal highway operating performance. conditions that would serve as an conditions that would serve as an 9. Richard M. Ault adequate predictor of future safe adequate predictor of future safe Mr. Ault does not have sufficient performance. performance. driving experience over the past 3 years 18. James J. Belfiore 27. Howard A. Bradeen under normal highway operating Mr. Belfiore does not have sufficient Mr. Bradeen does not have sufficient conditions that would serve as an driving experience over the past 3 years driving experience over the past 3 years adequate predictor of future safe under normal highway operating under normal highway operating performance. conditions that would serve as an conditions that would serve as an 10. John W. Badgley adequate predictor of future safe adequate predictor of future safe performance. performance. Mr. Badgley does not have sufficient driving experience over the past 3 years 19. Martin Bellcour 28. Russell Bradshaw under normal highway operating Mr. Bellcour does not have 3 years Mr. Bradshaw does not have sufficient conditions that would serve as an recent experience driving a commercial driving experience over the past 3 years adequate predictor of future safe motor vehicle with his vision under normal highway operating performance. deficiency. conditions that would serve as an adequate predictor of future safe 11. Stanley C. Bailey 20. Donald Bersano performance. Mr. Bailey does not have sufficient Mr. Bersano does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 29. Joe C. Briones under normal highway operating under normal highway operating Mr. Briones does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an adequate predictor of future safe 12. John E. Baker 21. Paul D. Berube performance. Mr. Baker does not have sufficient Mr. Berube does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 30. William R. Broman under normal highway operating under normal highway operating Mr. Broman does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an adequate predictor of future safe 13. William H. Ballew 22. Walter E. Bible performance. Mr. Ballew does not have sufficient Mr. Bible does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 31. Andrew E. Brown under normal highway operating under normal highway operating Mr. Brown does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an adequate predictor of future safe 14. Michael L. Balmer 23. John M. Bigler performance. Mr. Balmer does not have sufficient Mr. Bigler does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 32. Anthony D. Brown under normal highway operating under normal highway operating Mr. Brown does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an adequate predictor of future safe 15. Bobby Balusek, Sr. 24. William Bonivich performance. Mr. Balusek does not have sufficient Mr. Bonivich does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 33. Richard D. Brown under normal highway operating under normal highway operating Mr. Brown does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an adequate predictor of future safe 16. Timothy D. Barger 25. Allen G. Bors performance. Mr. Barger does not have sufficient Mr. Bors does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 34. Saul Brown under normal highway operating under normal highway operating Mr. Brown does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years
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61. Jo E. Crocker 70.William E. Droll, Jr 79. Jerald Ford Mr. Crocker does not have sufficient Mr. Droll does not have sufficient Mr. Ford does not have sufficient driving experience over the past 3 years driving experience over the past 3 years driving experience over the past 3 years under normal highway operating under normal highway operating under normal highway operating conditions that would serve as an conditions that would serve as an conditions that would serve as an adequate predictor of future safe adequate predictor of future safe adequate predictor of future safe performance. performance. performance. 62. Gerald Culverwell 71. George Eicholz 80. Vernon L. Forman Mr. Forman has other medical Mr. Culverwell does not have Mr. Eicholz does not have sufficient conditions making him otherwise sufficient driving experience over the driving experience over the past 3 years unqualified under the Federal Motor past 3 years under normal highway under normal highway operating Carrier Safety Regulations. All operating conditions that would serve as conditions that would serve as an applicants must meet all other physical an adequate predictor of future safe adequate predictor of future safe qualifications standards in 49 CFR performance. performance. 391.41(b)(1–13). 63. Jefferey A. Darge 72. Frederick B. Ellis 81. Hyman Fowler Mr. Darge does not have sufficient Mr. Ellis does not have 3 years recent driving experience over the past 3 years Mr. Fowler does not have sufficient experience driving a commercial motor driving experience over the past 3 years under normal highway operating vehicle with his vision deficiency. conditions that would serve as an under normal highway operating adequate predictor of future safe 73. Van Emery, Jr. conditions that would serve as an performance. adequate predictor of future safe Mr. Emery does not have sufficient performance. 64. Eric Davis, Sr. driving experience over the past 3 years under normal highway operating 82. Michael S. Gancasz Mr. Davis does not have sufficient conditions that would serve as an Mr. Gancasz does not have sufficient driving experience over the past 3 years adequate predictor of future safety driving experience over the past 3 years under normal highway operating performance. under normal highway operating conditions that would serve as an conditions that would serve as an adequate predictor of future safe 74. Mitchell E. Estep adequate predictor of future safe performance. Mr. Estep meets the vision performance. 65. Milton Day requirements at 49 CFR 391.41(b)(10) 83. Martin E. Gard according to his most recent eye exam. Mr. Day had three commercial motor The doctor was able to correct the Mr. Gard does not have sufficient vehicle speeding violations within a 3- driver’s vision to 20/40 in the weaker driving experience over the past 3 years year period while operating a left eye. The right eye is normal with an under normal highway operating commercial motor vehicle. He does not uncorrected visual acuity of 20/20. He conditions that would serve as an qualify since each applicant is allowed does not need an exemption. adequate predictor of future safe only 2 citations. performance. 75. John Evenson 66. William A. Decker 84. Alexander J. Gater Mr. Decker had three commercial Mr. Evenson does not have sufficient driving experience over the past 3 years Mr. Gater does not have sufficient motor vehicle speeding violations driving experience over the past 3 years within a 3-year period while operating under normal highway operating conditions that would serve as an under normal highway operating a commercial motor vehicle. He does conditions that would serve as an not qualify since each applicant is adequate predictor of future safe performance. adequate predictor of future safe allowed only 2 citations. performance. 76. Mark Everline 67. Bradley D. DeHaven 85. William C. Greenberg Mr. DeHaven meets the vision Mr. Everline does not have sufficient Mr. Greenberg does not have requirements at 49 CFR 391.41(b)(10) driving experience over the past 3 years sufficient driving experience over the according to his most recent eye exam. under normal highway operating past 3 years under normal highway His corrected visual acuity is 20/20 in conditions that would serve as an operating conditions that would serve as the right eye and 20/40 in the left eye. adequate predictor of future safe an adequate predictor of future safe He does not need an exemption. performance. performance. 68. George P. Deon 77. Loel Faulkinham 86. David J. Greenwood Mr. Deon does not have three years of Mr. Faulkinham does not have Mr. Greenwood does not have experience driving a commercial motor sufficient peripheral vision in the better sufficient driving experience over the vehicle with his vision deficiency. eye to qualify for an exemption. past 3 years under normal highway 69. Rod Dowden-Parrott 78. Thomas Ferris operating conditions that would serve as an adequate predictor of future safe Mr. Dowden-Parrott does not have Mr. Ferris does not have sufficient performance. sufficient driving experience over the driving experience over the past 3 years past 3 years under normal highway under normal highway operating 87. William K. Grider operating conditions that would serve as conditions that would serve as an Mr. Grider does not have sufficient an adequate predictor of future safe adequate predictor of future safe driving experience over the past 3 years performance. performance. under normal highway operating
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141. Michael R. Mangan adequate predictor of future safe 159. Darian T. Miller performance. Mr. Mangan does not have sufficient Mr. Miller does not have sufficient driving experience over the past 3 years 150. Dennis M. McDaniel driving experience over the past 3 years under normal highway operating under normal highway operating Mr. McDaniel does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an 142. David J. Mansfield adequate predictor of future safe 160. David S. Moore performance. Mr. Mansfield does not have Mr. Moore meets the vision sufficient driving experience over the 151. Donald R. McGee requirements at 49 CFR 391.41(b)(10). past 3 years under normal highway Mr. McGee does not have sufficient According to his most recent eye exam operating conditions that would serve as driving experience over the past 3 years the doctor states that his corrected an adequate predictor of future safe under normal highway operating visual acuity is 20/25 in the right eye performance. conditions that would serve as an and 20/40 in the left eye. He does not need an exemption. 143. Harold W. Martin adequate predictor of future safe performance. 161. Jimmy L. Moore Mr. Martin does not have sufficient driving experience over the past 3 years 152. Bernard F. McIlonie Mr. Moore was involved in an under normal highway operating Mr. McIlonie does not have sufficient accident on 7/3/98 and was issued a conditions that would serve as an driving experience over the past 3 years citation for an ‘‘Improper Turn.’’ This is adequate predictor of future safe under normal highway operating a disqualifying offense. An applicant for performance. conditions that would serve as an an exemption cannot be involved in an adequate predictor of future safe accident for which he or she received a 144. Patrick J. Martin, Jr. performance. citation for a moving violation. Mr. Martin does not have sufficient 153. Charles O. McWhortler 162. Philip B.Moore driving experience over the past 3 years Mr. Moore does not have 3 years of under normal highway operating Mr. McWhortler does not have experience driving a commercial motor conditions that would serve as an sufficient driving experience over the vehicle with his vision deficiency. adequate predictor of future safe past 3 years under normal highway performance. operating conditions that would serve as 163. Doug Moos an adequate predictor of future safe 145. Jose L. Martinez performance. Mr. Moos does not have sufficient driving experience over the past 3 years Mr. Martinez meets the vision 154. Felipe Medina under normal highway operating requirements at 49 CFR 391.41(b)(10). conditions that would serve as an His corrected visual acuity is 20/20 in Mr. Medina does not have 3 years of experience driving a commercial motor adequate predictor of future safe the right eye and 20/30 in the left eye. performance. He does not need an exemption. vehicle with his vision deficiency. 164. Benjamin C. Morris 146. Mark A. Massengill 155. Rosalio Mendoza Mr. Mendoza does not have sufficient Mr. Morris does not have sufficient Mr. Massengill does not have driving experience over the past 3 years driving experience over the past 3 years sufficient driving experience over the under normal highway operating under normal highway operating past 3 years under normal highway conditions that would serve as an conditions that would serve as an operating conditions that would serve as adequate predictor of future safe adequate predictor of future safe an adequate predictor of future safe performance. performance. performance. 156. Nicholas Mercorella, Jr. 165. Theodore C. Morris 147. Jason Masterson Mr. Mercorella does not have Mr. Morris does not have sufficient Mr. Masterson does not have sufficient driving experience over the driving experience over the past 3 years sufficient driving experience over the past 3 years under normal highway under normal highway operating past 3 years under normal highway operating conditions that would serve as conditions that would serve as an operating conditions that would serve as an adequate predictor of future safe adequate predictor of future safe an adequate predictor of future safe performance. performance. performance. 157. Dennis Michaelis 166. David L. Norris 148. Walter P. Mathys Mr. Michaelis meets the vision Mr. Norris does not have sufficient Mr. Mathys does not have sufficient requirements at 49 CFR 392.41(b)(10). driving experience over the past 3 years driving experience over the past 3 years His vision is corrected to 20/40 in the under normal highway operating under normal highway operating right eye and 20/20 in the left eye. He conditions that would serve as an conditions that would serve as an does not need an exemption. adequate predictor of future safe adequate predictor of future safe performance. performance. 158. Charles B. Miller Mr. Miller does not have sufficient 167. Guillermo G. Nuncio 149. Gerald M. McCay driving experience over the past 3 years Mr. Nuncio meets the vision Mr. McCay does not have sufficient under normal highway operating requirements at 49 CFR 391.41(b)(10). driving experience over the past 3 years conditions that would serve as an According to his most recent eye exam, under normal highway operating adequate predictor of future safe the doctor states that his corrected conditions that would serve as an performance. visual acuity is 20/25 in the right eye
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194. Donald E. Sanders 203. Carl Sendelbach 212. Gary A. Sluder Mr. Sanders does not have sufficient Mr. Sendelbach does not have Mr. Sluder does not have sufficient driving experience over the past 3 years sufficient driving experience over the driving experience over the past 3 years under normal highway operating past 3 years under normal highway under normal highway operating conditions that would serve as an operating conditions that would serve as conditions that would serve as an adequate predictor of future safe an adequate predictor of future safe adequate predictor of future safe performance. performance. performance. 195. Dawna M. Saunders 204. Robert Shelley 213. Robert P. Smith Ms. Saunders does not have sufficient Mr. Shelley does not have sufficient driving experience over the past 3 years driving experience over the past 3 years Mr. Smith does not have sufficient under normal highway operating under normal highway operating driving experience over the past 3 years conditions that would serve as an conditions that would serve as an under normal highway operating adequate predictor of future safe adequate predictor of future safe conditions that would serve as an performance. performance. adequate predictor of future safe performance. 196. James Schaaf 205. Jeffery W. Shelton 214. William C. Smith Mr. Schaaf does not have sufficient Mr. Shelton does not have sufficient driving experience over the past 3 years driving experience over the past 3 years Mr. Smith does not have sufficient under normal highway operating under normal highway operating driving experience over the past 3 years conditions that would serve as an conditions that would serve as an under normal highway operating adequate predictor of future safe adequate predictor of future safe conditions that would serve as an performance. performance. adequate predictor of future safe 197. Ted Schmidt 206. Kirk S. Shenberger performance. Mr. Schmidt does not meet all other Mr. Shenberger does not have 215. Patrick W. Sokolik physical qualifications standards in 49 sufficient driving experience over the Mr. Sokolik does not have sufficient CFR 391.41(b)(1–13) to qualify for an past 3 years under normal highway driving experience over the past 3 years exemption. operating conditions that would serve as under normal highway operating an adequate predictor of future safe 198. James R. Schnaiter conditions that would serve as an performance. Mr. Schnaiter does not have sufficient adequate predictor of future safe driving experience over the past 3 years 207. Jack Shropshire performance. under normal highway operating Mr. Shropshire does not have 216. John W. Sommerfeldt conditions that would serve as an sufficient driving experience over the adequate predictor of future safe past 3 years under normal highway Mr. Sommerfeldt does not have performance. operating conditions that would serve as sufficient driving experience over the an adequate predictor of future safe past 3 years under normal highway 199. Jeffery Scholl performance. operating conditions that would serve as Mr. Scholl does not have sufficient an adequate predictor of future safe driving experience over the past 3 years 208. Donald V. Sill performance. under normal highway operating Mr. Sill does not have sufficient 217. Jean Sommers conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe under normal highway operating Ms. Sommers has no experience performance. conditions that would serve as an operating a commercial motor vehicle adequate predictor of future safe 200. Paul E. Schwartz and therefore presented no evidence performance. from which the FMCSA can conclude Mr. Schwartz does not have sufficient 209. Gurdeep Singh that granting the exemption is likely to driving experience over the past 3 years achieve a level of safety equal to that under normal highway operating Mr. Singh does not have sufficient existing without the exemption. conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe under normal highway operating 218. William A. Sonderegger performance. conditions that would serve as an Mr. Sonderegger does not have adequate predictor of future safe 201. James A. Scott, Jr. sufficient driving experience over the performance. Mr. Scott does not have sufficient past 3 years under normal highway driving experience over the past 3 years 210. Harold E. Singley operating conditions that would serve as under normal highway operating Mr. Singley does not have sufficient an adequate predictor of future safe conditions that would serve as an driving experience over the past 3 years performance. adequate predictor of future safe under normal highway operating 219. Marcial Soto-Rivas performance. conditions that would serve as an adequate predictor of future safe Mr. Soto-Rivas was involved in an 202. Robert G. Seils performance. accident on August 24, 1998, in which Mr. Seils does not have sufficient he was cited for ‘‘Improper Lane driving experience over the past 3 years 211. Tony Slaughter Travel.’’ This is a disqualifying offence. under normal highway operating Mr. Slaughter does not have 3 years An exemption applicant is not allowed conditions that would serve as an recent experience driving a commercial involvement in an accident where a adequate predictor of future safe motor vehicle with his vision citation is received for a moving performance. deficiency. violation.
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220. W.C. Sparks operating conditions that would serve as 237. William K. Wells an adequate predictor of future safe Mr. Sparks does not have sufficient Mr. Wells does not have sufficient performance. driving experience over the past 3 years driving experience over the past 3 years under normal highway operating 229. John W. Tozer, Jr. under normal highway operating conditions that would serve as an Mr. Tozer was involved in an accident conditions that would serve as an adequate predictor of future safe on February 10, 1999. He was cited for adequate predictor of future safe performance. speeding in connection with the performance. 221. Daren E. Switzer accident. An applicant for an exemption 238. Scott T. Welter cannot be involved in an accident for Mr. Switzer does not have sufficient Mr. Welter does not have sufficient which he or she received a citation for driving experience over the past 3 years driving experience over the past 3 years a moving violation. under normal highway operating under normal highway operating conditions that would serve as an 230. Omer E. Troyer conditions that would serve as an adequate predictor of future safe adequate predictor of future safe performance. Mr. Troyer does not have sufficient driving experience over the past 3 years performance. 222. Peter B. Sylvester under normal highway operating 239. Thomas P. Werner conditions that would serve as an Mr. Sylvester does not have sufficient Mr. Werner does not have sufficient driving experience over the past 3 years adequate predictor of future safe performance. driving experience over the past 3 years under normal highway operating under normal highway operating conditions that would serve as an 231. Joseph Van Norman conditions that would serve as an adequate predictor of future safe adequate predictor of future safe performance. Mr. Van Norman does not have 3 years recent experience driving a performance. 223. Robert J. Szabo commercial vehicle with his vision 240. Ricky Whitaker Mr. Szabo does not have sufficient deficiency. Mr. Whitaker meets the vision driving experience over the past 3 years 232. Jeffery A. Voltz requirements at 49 CFR 391.41(b)(10). under normal highway operating He does not need a vision exemption. conditions that would serve as an Mr. Voltz does not have sufficient adequate predictor of future safe driving experience over the past 3 years 241. Matthew Whitten performance. under normal highway operating conditions that would serve as an Mr. Whitten does not have sufficient 224. Jeffrey M. Taber adequate predictor of future safe driving experience over the past 3 years Mr. Taber does not have sufficient performance. under normal highway operating conditions that would serve as an driving experience over the past 3 years 233. Kevin M. Walsh under normal highway operating adequate predictor of future safe conditions that would serve as an Mr. Walsh does not have sufficient performance. adequate predictor of future safe driving experience over the past 3 years 242. David M. Wibirt performance. under normal highway operating conditions that would serve as an Mr. Wibirt does not have sufficient 225. George A. Tallent adequate predictor of future safe driving experience over the past 3 years Mr. Tallent does not have sufficient performance. under normal highway operating conditions that would serve as an driving experience over the past 3 years 234. David E. Ware under normal highway operating adequate predictor of future safe conditions that would serve as an Mr. Ware meets the vision performance. adequate predictor of future safe requirements at 49 CFR 391.41(b)(10). 243. David Wills performance. His corrected visual acuity is 20/20 in the left eye and 20/40 in the right eye. Mr. Wills does not have sufficient 226. Ralph J. Tanner On June 16, 1999, the Alabama driving experience over the past 3 years Mr. Tanner meets the vision Department of Motor Vehicles removed under normal highway operating requirements at 49 CFR 391.41(b)(10). the intrastate restriction from his conditions that would serve as an According to his ophthalmologist, he is commercial license. He does not need adequate predictor of future safe 20/20 in the left eye and 20/40 in the an exemption. performance. right eye uncorrected. He does not need 235. Charles Warren 244. James W. Wilson an exemption. Mr. Warren does not have sufficient Mr. Wilson does not have sufficient 227. Johann Theiss driving experience over the past 3 years driving experience over the past 3 years Mr. Theiss meets the vision under normal highway operating under normal highway operating requirements at 49 CFR 391.41(b)(10). conditions that would serve as an conditions that would serve as an According to his most recent eye exam, adequate predictor of future safe adequate predictor of future safe the doctor states that his corrected performance. performance. visual acuity is 20/30 in his right and 236. Howard N. Webster, Jr. 245. Douglas M. Worley 20/20 his left eye. He does not need an exemption. Mr. Webster does not have sufficient Mr. Worley does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 228. Barbara Thompson under normal highway operating under normal highway operating Ms. Thompson does not have conditions that would serve as an conditions that would serve as an sufficient driving experience over the adequate predictor of future safe adequate predictor of future safe past 3 years under normal highway performance. performance.
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246. Donald Wright 247. Allen W. Wyskowski Authority: 49 U.S.C. 322, 31315, and 31136; 49 CFR 1.73. Mr. Wright does not have sufficient Mr. Wyskowski does not have Issued on: December 4, 2000. driving experience over the past 3 years sufficient driving experience over the Brian M. McLaughlin, under normal highway operating past 3 years under normal highway Director, Office of Policy Plans and conditions that would serve as an operating conditions that would serve as Regulations. adequate predictor of future safe an adequate predictor of future safe [FR Doc. 00–31346 Filed 12–8–00; 8:45 am] performance. performance. BILLING CODE 4910±EX±P
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Part VI
The President Executive Order 13179—Providing Compensation to America’s Nuclear Weapons Workers
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Federal Register Presidential Documents Vol. 65, No. 238
Monday, December 11, 2000
Title 3— Executive Order 13179 of December 7, 2000
The President Providing Compensation to America’s Nuclear Weapons Workers
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Public Law 106-398, the Energy Employees Occupational Illness Compensation Program Act of 2000 (Public Law 106-398, the ‘‘Act’’), and to allocate the responsibilities imposed by that legislation and to provide for further legislative efforts, it is hereby ordered as follows: Section 1. Policy. Since World War II, hundreds of thousands of men and women have served their Nation in building its nuclear defense. In the course of their work, they overcame previously unimagined scientific and technical challenges. Thousands of these courageous Americans, however, paid a high price for their service, developing disabling or fatal illnesses as a result of exposure to beryllium, ionizing radiation, and other hazards unique to nuclear weapons production and testing. Too often, these workers were neither adequately protected from, nor informed of, the occupational hazards to which they were exposed. Existing workers’ compensation programs have failed to provide for the needs of these workers and their families. Federal workers’ compensation programs have generally not included these workers. Further, because of long latency periods, the uniqueness of the hazards to which they were exposed, and inadequate exposure data, many of these individuals have been unable to obtain State workers’ compensation benefits. This problem has been exacerbated by the past policy of the Department of Energy (DOE) and its predecessors of encouraging and assisting DOE contractors in oppos- ing the claims of workers who sought those benefits. This policy has recently been reversed. While the Nation can never fully repay these workers or their families, they deserve recognition and compensation for their sacrifices. Since the Administration’s historic announcement in July of 1999 that it intended to compensate DOE nuclear weapons workers who suffered occupational illnesses as a result of exposure to the unique hazards in building the Nation’s nuclear defense, it has been the policy of this Administration to support fair and timely compensation for these workers and their survivors. The Federal Government should provide necessary information and otherwise help employees of the DOE or its contractors determine if their illnesses are associated with conditions of their nuclear weapons-related work; it should provide workers and their survivors with all pertinent and available information necessary for evaluating and processing claims; and it should ensure that this program minimizes the administrative burden on workers and their survivors, and respects their dignity and privacy. This order sets out agency responsibilities to accomplish these goals, building on the Admin- istration’s articulated principles and the framework set forth in the Energy Employees Occupational Illness Compensation Program Act of 2000. The Departments of Labor, Health and Human Services, and Energy shall be responsible for developing and implementing actions under the Act to com- pensate these workers and their families in a manner that is compassionate, fair, and timely. Other Federal agencies, as appropriate, shall assist in this effort.
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Sec. 2. Designation of Responsibilities for Administering the Energy Employ- ees’ Occupational Illness Compensation Program (‘‘Program’’). (a) Secretary of Labor. The Secretary of Labor shall have primary responsi- bility for administering the Program. Specifically, the Secretary shall: (i) Administer and decide all questions arising under the Act not assigned to other agencies by the Act or by this order, including determining the eligibility of individuals with covered occupational illnesses and their survivors and adjudicating claims for compensation and benefits; (ii) No later than May 31, 2001, promulgate regulations for the administration of the Program, except for functions assigned to other agencies pursuant to the Act or this order; (iii) No later than July 31, 2001, ensure the availability, in paper and elec- tronic format, of forms necessary for making claims under the Program; and (iv) Develop informational materials, in coordination with the Secretary of Energy and the Secretary of Health and Human Services, to help potential claimants understand the Program and the application process, and provide these materials to individuals upon request and to the Secretary of Energy and the Attorney General for dissemination to potentially eligible individuals. (b) Secretary of Health and Human Services. The Secretary of Health and Human Services shall: (i) No later than May 31, 2001, promulgate regulations establishing: (A) guidelines, pursuant to section 3623(c) of the Act, to assess the likelihood that an individual with cancer sustained the cancer in the performance of duty at a Department of Energy facility or an atomic weapons employer facility, as defined by the Act; and (B) methods, pursuant to section 3623(d) of the Act, for arriving at and providing reasonable estimates of the radiation doses received by individuals applying for assistance under this program for whom there are inadequate records of radiation exposure; (ii) In accordance with procedures developed by the Secretary of Health and Human Services, consider and issue determinations on petitions by classes of employees to be treated as members of the Special Exposure Cohort; (iii) With the assistance of the Secretary of Energy, apply the methods promulgated under subsection (b)(i)(B) to estimate the radiation doses re- ceived by individuals applying for assistance; (iv) Upon request from the Secretary of Energy, appoint members for a physician panel or panels to consider individual workers’ compensation claims as part of the Worker Assistance Program under the process estab- lished pursuant to subsection (c)(v); and (v) Provide the Advisory Board established under section 4 of this order with administrative services, funds, facilities, staff, and other necessary sup- port services and perform the administrative functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect to the Advisory Board. (c) Secretary of Energy. The Secretary of Energy shall: (i) Provide the Secretary of Health and Human Services and the Advisory Board on Radiation and Worker Health access, in accordance with law, to all relevant information pertaining to worker exposures, including access to restricted data, and any other technical assistance needed to carry out their responsibilities under subsection (b)(ii) and section 4(b), respectively. (ii) Upon request from the Secretary of Health and Human Services or the Secretary of Labor, and as permitted by law, require a DOE contractor, subcontractor, or
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designated beryllium vendor, pursuant to section 3631(c) of the Act, to provide information relevant to a claim under this Program; (iii) Identify and notify potentially eligible individuals of the availability of compensation under the Program; (iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the Act, atomic weapons employers and additions to the list of designated beryllium vendors; (v) Pursuant to Subtitle D of the Act, negotiate agreements with the chief executive officer of each State in which there is a DOE facility, and other States as appropriate, to provide assistance to a DOE contractor employee on filing a State workers’ compensation system claim, and establish a Worker Assistance Program to help individuals whose illness is related to employ- ment in the DOE’s nuclear weapons complex, or the individual’s survivor if the individual is deceased, in applying for State workers’ compensation benefits. This assistance shall include: (1) Submittal of reasonable claims to a physician panel, appointed by the Secretary of Health and Human Services and administered by the Secretary of Energy, under procedures established by the Secretary of Energy, for determination of whether the individual’s illness or death arose out of and in the course of employment by the DOE or its contractors and exposure to a toxic substance at a DOE facility; and (2) For cases determined by the physician panel and the Secretary of Energy under section 3661(d) and (e) of the Act to have arisen out of and in the course of employment by the DOE or its contractors and exposure to a toxic substance at a DOE facility, provide assistance to the individual in filing for workers’ compensation benefits. The Secretary shall not contest these claims and, to the extent permitted by law, shall direct a DOE contractor who employed the applicant not to contest the claim; (vi) Report on the Worker Assistance Program by making publicly available on at least an annual basis claims- related data, including the number of claims filed, the number of illnesses found to be related to work at a DOE facility, job location and description, and number of successful State workers’ compensation claims awarded; and (vii) No later than January 15, 2001, publish in the Federal Register a list of atomic weapons employer facilities within the meaning of section 3621(5) of the Act, Department of Energy employer facilities within the meaning of section 3621(12) of the Act, and a list of facilities owned and operated by a beryllium vendor, within the meaning of section 3621(6) of the Act. (d) Attorney General. The Attorney General shall: (i) Develop procedures to notify, to the extent possible, each claimant (or the survivor of that claimant if deceased) whose claim for compensation under section 5 of the Radiation Exposure Compensation Act has been or is approved by the Department of Justice, of the availability of supple- mental compensation and benefits under the Energy Employees Occupational Illness Compensation Program; (ii) Identify and notify eligible covered uranium employees or their survivors of the availability of supplemental compensation under the Program; and (iii) Upon request by the Secretary of Labor, provide information needed to adjudicate the claim of a covered uranium employee under this Program. Sec. 3. Establishment of Interagency Working Group. (a) There is hereby established an Interagency Working Group to be com- posed of representatives from the Office of Management and Budget, the National Economic Council, and the Departments of Labor, Energy, Health and Human Services, and Justice.
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(b) The Working Group shall: (i) By January 1, 2001, develop a legislative proposal to ensure the Program’s fairness and efficiency, including provisions to assure adequate administra- tive resources and swift dispute resolution; and (ii) Address any impediments to timely and coordinated Program implemen- tation. Sec. 4. Establishment of Advisory Board on Radiation and Worker Health. (a) Pursuant to Public Law 106-398, there is hereby established an Advisory Board on Radiation and Health (Advisory Board). The Advisory Board shall consist of no more than 20 members to be appointed by the President. Members shall include affected workers and their representatives, and rep- resentatives from scientific and medical communities. The President shall designate a Chair for the Board among its members. (b) The Advisory Board shall: (i) Advise the Secretary of Health and Human Services on the development of guidelines under section 2(b)(i) of this order; (ii) Advise the Secretary of Health and Human Services on the scientific validity and quality of dose reconstruction efforts performed for this Program; and (iii) Upon request by the Secretary of Health and Human Services, advise the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. Sec. 5. Reporting Requirements. The Secretaries of Labor, Health and Human Services, and Energy shall, as part of their annual budget submissions, report to the Office of Management and Budget (OMB) on their activities under this Program, including total expenditures related to benefits and program administration. They shall also report to the OMB, no later than March 1, 2001, on the manner in which they will carry out their respective responsibilities under the Act and this order. This report shall include, among other things, a description of the administrative structure established within their agencies to implement the Act and this order. In addition, the Secretary of Labor shall annually report on the total number and types of claims for which compensation was considered and other data pertinent to evaluating the Federal Government’s performance fulfilling the require- ments of the Act and this order. Sec. 6. Administration and Judicial Review. (a) This Executive Order shall be carried out subject to the availability of appropriations, and to the extent permitted by law. (b) This Executive Order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers or employees, or any other person. œ–
THE WHITE HOUSE, December 7, 2000.
[FR Doc. 00–31692 Filed 12–8–00; 8:45 am] Billing code 3195–01–P
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Part VII
The President Executive Order 13180—Air Traffic Performance-Based Organization
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Federal Register Presidential Documents Vol. 65, No. 238
Monday, December 11, 2000
Title 3— Executive Order 13180 of December 7, 2000
The President Air Traffic Performance-Based Organization
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services, an inherently governmental function, in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation’s air transportation system, it is hereby ordered as follows: Section 1. Establishment of the Air Traffic Organization. (a) The Secretary of Transportation (Secretary) shall, consistent with his legal authorities, move to establish within the Federal Aviation Administration (FAA) a performance- based organization to be known as the ‘‘Air Traffic Organization’’ (ATO). (b) The ATO shall be composed of those elements of the FAA’s Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsi- bility for any operational activity of the air traffic control system to the head of the ATO. The Administrator’s responsibility for general safety, secu- rity, and policymaking functions for the National Airspace System is unaf- fected by this order. (c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106-181), shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the COO’s performance in relation to the targets and goals described above. (d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system’s safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole. (e) The COO shall also enter into a framework agreement with the Adminis- trator that will establish the relationship of the ATO with the other organiza- tions of the FAA. Sec. 2. Purpose. The FAA’s primary mission is to ensure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to enhance that mission and further improve the delivery of air traffic services to the American public by reorganizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organization. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall:
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(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system; (b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control; (c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide; (d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings; (e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA’s external customer needs; (f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System; (g) establish strong incentives to managers for achieving results; and (h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its perform- ance goals. Sec. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Management Advisory Committee shall pro- vide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and su- pervision of the air traffic control system. Sec. 4. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effective- ness of the ATO, together with any recommendations for management, fiscal, or legislative changes to enable the organization to achieve its goals. Sec. 5. Definitions. The term ‘‘air traffic control system’’ has the same meaning as the term defined by section 40102(a)(42) of title 49, United States Code. Sec. 6. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. œ–
THE WHITE HOUSE, December 7, 2000.
[FR Doc. 00–31697 Filed 12–8–00; 11:15 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 65, No. 238 Monday, December 11, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
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 Proposed Rules: 3 CFR 1...... 75635 Presidential Documents Proclamations: 381...... 75187 Executive orders and proclamations 523±5227 5030 (See EO 424...... 75187 The United States Government Manual 523±5227 13178) ...... 76913 5928 (See EO 10 CFR 13178) ...... 76913 72...... 75869, 76896 Other Services 6425 (See Proc. 440...... 77210 Electronic and on-line services (voice) 523±4534 7383) ...... 76551 Proposed Rules: Privacy Act Compilation 523±3187 7219 (See EO 4...... 76480 Public Laws Update Service (numbers, dates, etc.) 523±6641 13178) ...... 76913 72...... 75869, 76899 TTY for the deaf-and-hard-of-hearing 523±5229 7382...... 75851, 76348 50...... 76178 7383...... 76551 430...... 75196 7384...... 76903 ELECTRONIC RESEARCH 1040...... 76480 Executive Orders: World Wide Web April 17, 1926 11 CFR (Revoked in part by 100...... 76138 Full text of the daily Federal Register, CFR and other PLO 7470)...... 76663 109...... 76138 publications: 11888 (See Proc. 110...... 76138 http://www.access.gpo.gov/nara 7383) ...... 76551 12 CFR Federal Register information and research tools, including Public 13089 (See EO Inspection List, indexes, and links to GPO Access: 13178) ...... 76913 3...... 75856 13158 (See EO 8...... 75859 http://www.nara.gov/fedreg 13178) ...... 76913 14...... 75822 E-mail 13177...... 76558 19...... 77250 13178...... 76913 208...... 75822, 75856 PENS (Public Law Electronic Notification Service) is an E-mail 13179...... 77487 225...... 75856 service for notification of recently enacted Public Laws. To 13180...... 77493 325...... 75856 subscribe, send E-mail to 343...... 75822 [email protected] 5 CFR 536...... 75822 with the text message: 531...... 75153 Proposed Rules: 3...... 76180 7 CFR subscribe PUBLAWS-L your name 5...... 75870, 75872 Use [email protected] only to subscribe or unsubscribe to 59...... 75464 8...... 75196 PENS. We cannot respond to specific inquiries. 246...... 77245 9...... 75872 773...... 76115 Reference questions. Send questions and comments about the 208...... 76180 774...... 76115 Federal Register system to: 225...... 76180 1792...... 76915 325...... 76180 [email protected] Proposed Rules: 567...... 76180 The Federal Register staff cannot interpret specific documents or 15...... 76115 13 CFR regulations. 15b...... 76115 301...... 76582 Proposed Rules: 112...... 76480 FEDERAL REGISTER PAGES AND DATE, DECEMBER 319...... 75187 930...... 77323 117...... 76480 75153±75580...... 1 1000...... 76832 121...... 76184 1001...... 76832 75581±75852...... 4 14 CFR 75853±76114...... 5 1005...... 76832 1006...... 76832 25...... 76147, 77252 76115±76560...... 6 1007...... 76832 39 ...... 75582, 75585, 75588, 76561±76914...... 7 1030...... 76832 75590, 75592, 75595, 75597, 76915±77244...... 8 1032...... 76832 75599, 75601, 75603, 75605, 77245±77494...... 11 1033...... 76832 75608, 75610, 75611, 75613, 1124...... 76832 75615, 75617, 75618, 75620, 1126...... 76832 75624, 75625, 76149, 77259, 1131...... 76832 77261, 77263 1135...... 76832 71...... 76150, 77282 73...... 76151 8 CFR Proposed Rules: Proposed Rules: 39 ...... 75198, 75877, 75879, 208...... 76121, 76588 75881, 75883, 75887, 76185, 76187, 76950, 76953 9 CFR 1250...... 76460 78...... 75581 1251...... 76460
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1252...... 76460 Proposed Rules: Proposed Rules: Proposed Rules: 580...... 75888 201...... 77330 605...... 76460 15 CFR 611...... 76460 736...... 76561 26 CFR 38 CFR 617...... 76460 744...... 76561 1...... 76932 1...... 76937 1110...... 76460 801...... 77282 31...... 76152 Proposed Rules: 1151...... 76460 902...... 77450 Proposed Rules: 18...... 76460 1156...... 76460 930...... 77124 1...... 76194 36...... 76957 1170...... 76460 Proposed Rules: 31...... 76194 1203...... 76460 8...... 76460 39 CFR 1232...... 76460 8b...... 76460 28 CFR 20 ...... 76154, 77076, 77302 20...... 76460 16...... 75158, 75159 111...... 75167, 75863 46 CFR 16 CFR Proposed Rules: Proposed Rules: 67...... 76572 16...... 75201 111...... 75210 300...... 75154 42...... 76460 303...... 75154 40 CFR 47 CFR 29 CFR 17 CFR 9...... 76708 73 ...... 76947, 76948, 77318 1625...... 77438 52 ...... 76567, 76938, 77307, 76...... 76948 210...... 76012 1910...... 76563 77308 240 ...... 75414, 75439, 76012 Proposed Rules: 4006...... 75160, 77429 60 ...... 75338, 76350. 76378 242...... 76562 43...... 75656 4007...... 75160, 77429 63...... 76941 270...... 76189 73 ...... 75221, 75222, 762096, 4011...... 75164 81...... 77308 76207, 77338 18 CFR 4022...... 75164 141...... 76708 80...... 76966 4044...... 75165 142...... 76708 11...... 76916 Proposed Rules: 180 ...... 75168, 75174, 76169, 33...... 76009 31...... 76460 76171 48 CFR 284...... 75628, 77285 32...... 76460 300...... 75179, 76945 1504...... 75863 Proposed Rules: 1910...... 76598 Proposed Rules: 1552...... 75863 1302...... 76460 7...... 76460 Proposed Rules: 1307...... 76460 30 CFR 52 ...... 75215, 76197, 76958 1842...... 76600 1309...... 76460 42...... 77292 55...... 77333 1852...... 76600 21 CFR 47...... 77292 63...... 76460, 76958 56...... 77292 81...... 76303 16...... 76096 49 CFR 57...... 77292 86...... 76797 73...... 75158 77...... 77292 94...... 76797 195...... 75378 101...... 76096 250...... 76933 261 ...... 75637, 75897, 77429 611...... 76864 115...... 76096 268...... 75651 1002...... 76174, 77319 179...... 76096 Proposed Rules: 300...... 75215, 76965 Proposed Rules: 510...... 76924 938...... 76954 948...... 75889 1048...... 76797 21...... 76460 514...... 76924 1051...... 76797 27...... 76460 556...... 76930 31 CFR 107...... 76890 558...... 76924 41 CFR 195...... 76968 876...... 76930 1...... 76009 Ch. V...... 75629 Proposed Rules: 567...... 75222 Proposed Rules: 101-6...... 76460 571...... 75222, 77339 101...... 75887 32 CFR 101-8...... 76460 574...... 75222 1308...... 77328 575...... 75222 Proposed Rules: 22 CFR 311...... 75897 42 CFR Proposed Rules: Proposed Rules: 50 CFR 33 CFR 36...... 75906 141...... 76460 20...... 76886 142...... 76460 100...... 76153 43 CFR 230...... 75186 143...... 76460 117...... 76154, 76935 300...... 75866 209...... 76460 Proposed Rules: Proposed Rules: 600...... 77450 217...... 76460 97...... 75201 17...... 76460 635...... 75867 218...... 76460 117...... 76956 648 ...... 76577, 76578, 77450, 44 CFR 165...... 76195 77470 24 CFR 64...... 75632 679...... 76175, 76578 34 CFR 5...... 77230 Proposed Rules: Proposed Rules: 200...... 77230 373...... 77432 7...... 76460 17...... 76207, 77178 Proposed Rules: 67...... 75908 216...... 75230 30...... 76520 37 CFR 600...... 75911, 75912 1...... 76756 45 CFR 635...... 76601 25 CFR 201...... 77292 270...... 75633 648...... 75232, 75912 20...... 76563 253...... 75167 276...... 75633 697...... 75916
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REMINDERS supplies; supplier Magnuson-Stevens Act 3650-3700 MHz band and The items in this list were standards; published 10- provisionsÐ 4.9 GHz band; transfer editorially compiled as an aid 11-00 Domestic fisheries; from Federal Government to Federal Register users. LIBRARY OF CONGRESS exempted fishing use; comments due by 12-18-00; published 11- Inclusion or exclusion from Copyright Office, Library of permits; comments due 17-00 this list has no legal Congress by 12-20-00; published significance. 12-5-00 Radio stations; table of Sound recordings, publicly Northeastern United States assignments: performed, of nonexempt fisheriesÐ Alabama; comments due by RULES GOING INTO digital subscription transmissions; definition of a Summer flounder, scup, 12-18-00; published 11- EFFECT DECEMBER 11, ≥Service≥; published 12-11- and black sea bass; 13-00 2000 00 comments due by 12- Arizona; comments due by 19-00; published 11-28- 12-18-00; published 11- TRANSPORTATION 00 13-00 COMMERCE DEPARTMENT DEPARTMENT West Coast States and Colorado and California; National Oceanic and Coast Guard Atmospheric Administration Western Pacific comments due by 12-18- Drawbridge operations: fisheriesÐ Fishery conservation and 00; published 11-13-00 management: Connecticut; published 12-6- Western Pacific pelagic; Georgia; comments due by 00 comments due by 12- Alaska; fisheries of 12-18-00; published 11- Regattas and marine parades: 18-00; published 11-3- 13-00 Exclusive Economic 00 ZoneÐ Charleston Christmas Tennessee; comments due Parade of Boats; International fisheries by 12-18-00; published Sitka Pinnacles Marine regulations: Reserve designation; published 11-9-00 11-13-00 Fraser River sockeye and published 11-9-00 West Virginia; comments TRANSPORTATION pink salmon; inseason ENERGY DEPARTMENT DEPARTMENT due by 12-18-00; orders; comments due by published 11-13-00 Nuclear safety management; Federal Aviation 12-20-00; published 12-5- contractor- and government- Administration 00 Television broadcasting: Children's television operated nuclear facilities; Airworthiness directives: ENVIRONMENTAL programming reports; filing published 10-10-00 British Aerospace; published PROTECTION AGENCY requirements extension; ENVIRONMENTAL 11-6-00 Air pollutants, hazardous; PROTECTION AGENCY comments due by 12-18- CFM International; published national emission standards: 00; published 11-9-00 Air quality planning purposes; 6-13-00 Rubber tire manufacturing Commercial television designation of areas: facilities; comments due Empresa Brasileira de station public interest by 12-18-00; published California; published 10-11- Aeronautica, S.A.; obligations; standardized 10-18-00 00 published 11-6-00 and enhanced disclosure; FEDERAL TREASURY DEPARTMENT Air quality implementation comments due by 12-18- COMMUNICATIONS plans; approval and 00; published 10-19-00 Comptroller of the Currency promulgation; various COMMISSION Digital television Practice and procedure: States: Radio broadcasting: broadcasters; children's Civil money penalties; Low power FM radio Massachusetts; comments television obligations; inflation adjustment; service; creation and due by 12-18-00; comments due by 12-18- published 12-11-00 operation; published 11-9- published 10-26-00 00; published 11-8-00 00 Texas; comments due by 12-20-00; published 11- HEALTH AND HUMAN Correction; published 11- COMMENTS DUE NEXT 20-00 SERVICES DEPARTMENT 17-00 WEEK Superfund program: Child Support Enforcement Radio stations; table of Office National oil and hazardous assignments: AGRICULTURE substances contingency Child support enforcement California; published 11-13- DEPARTMENT planÐ program: 00 Animal and Plant Health National priorities list Indian Tribe and Tribal Montana; published 11-9-00 Inspection Service update; comments due organization funding; Nebraska; published 11-13- Plant-related quarantine, by 12-22-00; published comments due by 12-19- 00 foreign: 11-22-00 00; published 8-21-00 New Mexico; published 11- Artificially dwarfed plants in National priorities list HEALTH AND HUMAN 9-00 growing media from update; comments due SERVICES DEPARTMENT North Carolina; published China; comments due by by 12-22-00; published Food and Drug 11-13-00 12-20-00; published 12-1- 11-22-00 Administration 00 Oregon; published 11-13-00 FEDERAL Medical devices: Pennsylvania; published 11- AGRICULTURE COMMUNICATIONS Anesthesiology devicesÐ DEPARTMENT COMMISSION 13-00 Apnea monitor; special Texas; published 11-13-00 Federal Crop Insurance Common carrier services: controls; comments due Washington; published 11- Corporation Incumbent local exchange by 12-21-00; published 13-00 Crop insurance regulations: carriers; accounting and 9-22-00 Wyoming; published 11-9-00 Sugarcane; comments due ARMIS reporting requirements; HEALTH AND HUMAN HEALTH AND HUMAN by 12-18-00; published SERVICES DEPARTMENT 10-18-00 comprehensive review; SERVICES DEPARTMENT biennial regulatory review Health Care Financing Health Care Financing COMMERCE DEPARTMENT (Phases 2 and 3); Administration Administration National Oceanic and comments due by 12-21- Medicare: Medicare: Atmospheric Administration 00; published 11-13-00 Clinical social worker Durable medical equipment, Fishery conservation and Frequency allocations and services; coverage and prosthetics, othotics, and management: radio treaty matters: payment; comments due
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by 12-18-00; published government contractors; airplanes; comments Update Service) on 202±523± 10-19-00 cost accounting due by 12-18-00; 6641. This list is also HEALTH AND HUMAN standard; comments published 11-3-00 available online at http:// SERVICES DEPARTMENT due by 12-19-00; Class E airspace; comments www.nara.gov/fedreg. Medical facility construction published 10-5-00 due by 12-22-00; published The text of laws is not and modernization: PERSONNEL MANAGEMENT 11-22-00 published in the Federal OFFICE Commercial space Uncompensated services; Register but may be ordered transportation: compliance alternatives; Employment: in ``slip law'' (individual comments due by 12-18- Reduction in forceÐ Launch site operation; pamphlet) form from the 00; published 10-19-00 Retreat rights; comments licensing and safety Superintendent of Documents, INTERIOR DEPARTMENT due by 12-19-00; requirements; solid U.S. Government Printing Indian Affairs Bureau published 10-20-00 propellants handling and Office, Washington, DC 20402 cooperation with National Tribal government: (phone, 202±512±1808). The SOCIAL SECURITY Transportation Safety Certificate of degree of ADMINISTRATION text will also be made Board; comments due by available on the Internet from Indian or Alaska Native Supplemental security income: 12-18-00; published 10- blood; documentation GPO Access at http:// Aged, blind, and disabledÐ 19-00 requirements and filing, www.access.gpo.gov/nara/ processing, and issuing Consumer reporting TRANSPORTATION index.html. Some laws may requirements and agencies information DEPARTMENT not yet be available. standards; comments due disclosure; National Highway Traffic by 12-20-00; published administrative offset Safety Administration H.J. Res. 127/P.L. 106±539 against Federal 10-30-00 Motor vehicle safety Making further continuing payment; comments standards: appropriations for the fiscal INTERIOR DEPARTMENT due by 12-22-00; year 2001, and for other Fish and Wildlife Service published 10-23-00 Child restraint systemsÐ Safety plan; comments purposes. (Dec. 7, 2000; 114 Endangered and threatened TRANSPORTATION due by 12-22-00; Stat. 2570) species: DEPARTMENT Recovery plansÐ published 11-27-00 Last List December 8, 2000 Coast Guard Zayante band-winged TRANSPORTATION Ports and waterways safety: grasshopper; comments DEPARTMENT due by 12-21-00; New York annual fireworks Research and Special published 12-6-00 displays, NY; safety Programs Administration Public Laws Electronic zones; comments due by Notification Service INTERIOR DEPARTMENT Hazardous materials: 12-18-00; published 11-2- (PENS) Minerals Management 00 Hazardous materials Service transportationÐ TRANSPORTATION Royalty management: DEPARTMENT Harmonization with UN PENS is a free electronic mail Rate relief or reduction; recommendations, Federal Aviation notification service of newly deep water royalty relief International Maritime Administration enacted public laws. To for post-2000 OCS oil and Dangerous Goods Airworthiness directives: subscribe, go to http:// gas leases; comments Code, and International hydra.gsa.gov/archives/ Israel Aircraft Industries, due by 12-18-00; Civil Aviation publaws-l.html or send E-mail Ltd.; comments due by published 11-16-00 Organization's Technical to [email protected] 12-18-00; published 11- Correction; comments due Instructions; comments with the following text 17-00 by 12-18-00; published due by 12-22-00; message: 11-22-00 McDonnell Douglas; published 10-23-00 MANAGEMENT AND comments due by 12-20- SUBSCRIBE PUBLAWS-L BUDGET OFFICE 00; published 11-20-00 Your Name. Pratt & Whitney; comments LIST OF PUBLIC LAWS Federal Procurement Policy Note: This service is strictly Office due by 12-18-00; published 11-16-00 This is a continuing list of for E-mail notification of new Acquisition regulations: public bills from the current laws. The text of laws is not Cost Accounting Standards Airworthiness standards: session of Congress which available through this service. BoardÐ Special conditionsÐ have become Federal laws. It PENS cannot respond to Post retirement benefit Bombardier Model CL- may be used in conjunction specific inquiries sent to this plans sponsored by 600-2C10 series with ``P L U S'' (Public Laws address.
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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–042–00037–4) ...... 58.00 Jan. 1, 2000 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–042–00038–2) ...... 46.00 Jan. 1, 2000 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–1) ...... 17.00 4Jan. 1, 2000 numbers, prices, and revision dates. 200–1199 ...... (869–042–00040–4) ...... 29.00 Jan. 1, 2000 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–042–00041–2) ...... 25.00 Jan. 1, 2000 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–042–00042–1) ...... 28.00 Jan. 1, 2000 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–042–00043–9) ...... 45.00 Jan. 1, 2000 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–042–00044–7) ...... 26.00 Jan. 1, 2000 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–042–00045–5) ...... 33.00 Jan. 1, 2000 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–042–00046–3) ...... 43.00 Jan. 1, 2000 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–042–00048–0) ...... 32.00 Apr. 1, 2000 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–042–00049–8) ...... 38.00 Apr. 1, 2000 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–042–00050–1) ...... 49.00 Apr. 1, 2000 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–042–00051–0) ...... 54.00 Apr. 1, 2000 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–042–00052–8) ...... 15.00 Apr. 1, 2000 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–042–00053–6) ...... 40.00 Apr. 1, 2000 charge orders to (202) 512-2250. 141–199 ...... (869–042–00054–4) ...... 40.00 Apr. 1, 2000 200–End ...... (869–042–00055–2) ...... 20.00 Apr. 1, 2000 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–038–00001–3) ...... 6.50 Apr. 1, 2000 1–399 ...... (869–042–00056–1) ...... 33.00 Apr. 1, 2000 3 (1997 Compilation 400–499 ...... (869–042–00057–9) ...... 56.00 Apr. 1, 2000 and Parts 100 and 500–End ...... (869–042–00058–7) ...... 58.00 Apr. 1, 2000 1 101) ...... (869–042–00002–1) ...... 22.00 Jan. 1, 2000 21 Parts: 4 ...... (869–042–00003–0) ...... 8.50 Jan. 1, 2000 1–99 ...... (869–042–00059–5) ...... 26.00 Apr. 1, 2000 100–169 ...... (869–042–00060–9) ...... 30.00 Apr. 1, 2000 5 Parts: 170–199 ...... (869–042–00061–7) ...... 29.00 Apr. 1, 2000 1–699 ...... (869–042–00004–8) ...... 43.00 Jan. 1, 2000 200–299 ...... (869–042–00062–5) ...... 13.00 Apr. 1, 2000 700–1199 ...... (869–042–00005–6) ...... 31.00 Jan. 1, 2000 300–499 ...... (869–042–00063–3) ...... 20.00 Apr. 1, 2000 1200–End, 6 (6 500–599 ...... (869–042–00064–1) ...... 31.00 Apr. 1, 2000 Reserved) ...... (869–042–00006–4) ...... 48.00 Jan. 1, 2000 600–799 ...... (869–038–00065–0) ...... 10.00 Apr. 1, 2000 7 Parts: 800–1299 ...... (869–042–00066–8) ...... 38.00 Apr. 1, 2000 1–26 ...... (869–042–00007–2) ...... 28.00 Jan. 1, 2000 1300–End ...... (869–042–00067–6) ...... 15.00 Apr. 1, 2000 27–52 ...... (869–042–00008–1) ...... 35.00 Jan. 1, 2000 22 Parts: 53–209 ...... (869–042–00009–9) ...... 22.00 Jan. 1, 2000 1–299 ...... (869–042–00068–4) ...... 54.00 Apr. 1, 2000 210–299 ...... (869–042–00010–2) ...... 54.00 Jan. 1, 2000 300–End ...... (869–042–00069–2) ...... 31.00 Apr. 1, 2000 300–399 ...... (869–042–00011–1) ...... 29.00 Jan. 1, 2000 400–699 ...... (869–042–00012–9) ...... 41.00 Jan. 1, 2000 23 ...... (869–042–00070–6) ...... 29.00 Apr. 1, 2000 700–899 ...... (869–042–00013–7) ...... 37.00 Jan. 1, 2000 24 Parts: 900–999 ...... (869–042–00014–5) ...... 46.00 Jan. 1, 2000 0–199 ...... (869–042–00071–4) ...... 40.00 Apr. 1, 2000 1000–1199 ...... (869–042–00015–3) ...... 18.00 Jan. 1, 2000 200–499 ...... (869–042–00072–2) ...... 37.00 Apr. 1, 2000 1200–1599 ...... (869–042–00016–1) ...... 44.00 Jan. 1, 2000 500–699 ...... (869–042–00073–1) ...... 20.00 Apr. 1, 2000 1600–1899 ...... (869–042–00017–0) ...... 61.00 Jan. 1, 2000 700–1699 ...... (869–042–00074–9) ...... 46.00 Apr. 1, 2000 1900–1939 ...... (869–042–00018–8) ...... 21.00 Jan. 1, 2000 1700–End ...... (869–042–00075–7) ...... 18.00 5Apr. 1, 2000 1940–1949 ...... (869–042–00019–6) ...... 37.00 Jan. 1, 2000 25 ...... (869–042–00076–5) ...... 52.00 Apr. 1, 2000 1950–1999 ...... (869–042–00020–0) ...... 38.00 Jan. 1, 2000 2000–End ...... (869–042–00021–8) ...... 31.00 Jan. 1, 2000 26 Parts: §§ 1.0-1–1.60 ...... (869–042–00077–3) ...... 31.00 Apr. 1, 2000 8 ...... (869–042–00022–6) ...... 41.00 Jan. 1, 2000 §§ 1.61–1.169 ...... (869–042–00078–1) ...... 56.00 Apr. 1, 2000 9 Parts: §§ 1.170–1.300 ...... (869–042–00079–0) ...... 38.00 Apr. 1, 2000 1–199 ...... (869–042–00023–4) ...... 46.00 Jan. 1, 2000 §§ 1.301–1.400 ...... (869–042–00080–3) ...... 29.00 Apr. 1, 2000 200–End ...... (869–042–00024–2) ...... 44.00 Jan. 1, 2000 §§ 1.401–1.440 ...... (869–042–00081–1) ...... 47.00 Apr. 1, 2000 §§ 1.441-1.500 ...... (869-042-00082-0) ...... 36.00 Apr. 1, 2000 10 Parts: §§ 1.501–1.640 ...... (869–042–00083–8) ...... 32.00 Apr. 1, 2000 1–50 ...... (869–042–00025–1) ...... 46.00 Jan. 1, 2000 §§ 1.641–1.850 ...... (869–042–00084–6) ...... 41.00 Apr. 1, 2000 51–199 ...... (869–042–00026–9) ...... 38.00 Jan. 1, 2000 §§ 1.851–1.907 ...... (869–042–00085–4) ...... 43.00 Apr. 1, 2000 200–499 ...... (869–042–00027–7) ...... 38.00 Jan. 1, 2000 §§ 1.908–1.1000 ...... (869–042–00086–2) ...... 41.00 Apr. 1, 2000 500–End ...... (869–042–00028–5) ...... 48.00 Jan. 1, 2000 §§ 1.1001–1.1400 ...... (869–042–00087–1) ...... 45.00 Apr. 1, 2000 11 ...... (869–042–00029–3) ...... 23.00 Jan. 1, 2000 §§ 1.1401–End ...... (869–042–00088–9) ...... 66.00 Apr. 1, 2000 2–29 ...... (869–042–00089–7) ...... 45.00 Apr. 1, 2000 12 Parts: 30–39 ...... (869–042–00090–1) ...... 31.00 Apr. 1, 2000 1–199 ...... (869–042–00030–7) ...... 18.00 Jan. 1, 2000 40–49 ...... (869–042–00091–9) ...... 18.00 Apr. 1, 2000 200–219 ...... (869–042–00031–5) ...... 22.00 Jan. 1, 2000 50–299 ...... (869–042–00092–7) ...... 23.00 Apr. 1, 2000 220–299 ...... (869–042–00032–3) ...... 45.00 Jan. 1, 2000 300–499 ...... (869–042–00093–5) ...... 43.00 Apr. 1, 2000 300–499 ...... (869–042–00033–1) ...... 29.00 Jan. 1, 2000 500–599 ...... (869–042–00094–3) ...... 12.00 Apr. 1, 2000 500–599 ...... (869–042–00034–0) ...... 26.00 Jan. 1, 2000 600–End ...... (869–042–00095–1) ...... 12.00 Apr. 1, 2000 600–End ...... (869–042–00035–8) ...... 53.00 Jan. 1, 2000 27 Parts: 13 ...... (869–042–00036–6) ...... 35.00 Jan. 1, 2000 1–199 ...... (869–042–00096–0) ...... 59.00 Apr. 1, 2000
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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–042–00097–8) ...... 18.00 Apr. 1, 2000 260–265 ...... (869–042–00151–6) ...... 36.00 July 1, 2000 ...... 28 Parts: ...... 266–299 (869–042–00152–4) 35.00 July 1, 2000 300–399 ...... (869–042–00153–2) ...... 29.00 July 1, 2000 0-42 ...... (869–042–00098–6) ...... 43.00 July 1, 2000 400–424 ...... (869–042–00154–1) ...... 37.00 July 1, 2000 43-end ...... (869-042-00099-4) ...... 36.00 July 1, 2000 425–699 ...... (869–042–00155–9) ...... 48.00 July 1, 2000 29 Parts: 700–789 ...... (869–042–00156–7) ...... 46.00 July 1, 2000 0–99 ...... (869–042–00100–1) ...... 33.00 July 1, 2000 790–End ...... (869–042–00157–5) ...... 23.00 6July 1, 2000 100–499 ...... (869–042–00101–0) ...... 14.00 July 1, 2000 41 Chapters: 500–899 ...... (869–042–00102–8) ...... 47.00 July 1, 2000 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–042–00103–6) ...... 24.00 July 1, 2000 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 3–6 ...... 14.00 3 July 1, 1984 6 1910.999) ...... (869–042–00104–4) ...... 46.00 July 1, 2000 7 ...... 6.00 3 July 1, 1984 1910 (§§ 1910.1000 to 8 ...... 4.50 3 July 1, 1984 6 end) ...... (869–042–00105–2) ...... 28.00 July 1, 2000 9 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–042–00106–1) ...... 20.00 July 1, 2000 10–17 ...... 9.50 3 July 1, 1984 6 1926 ...... (869–042–00107–9) ...... 30.00 July 1, 2000 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1927–End ...... (869–042–00108–7) ...... 49.00 July 1, 2000 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 30 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1–199 ...... (869–042–00109–5) ...... 38.00 July 1, 2000 19–100 ...... 13.00 3 July 1, 1984 200–699 ...... (869–042–00110–9) ...... 33.00 July 1, 2000 1–100 ...... (869–042–00158–3) ...... 15.00 July 1, 2000 700–End ...... (869–042–00111–7) ...... 39.00 July 1, 2000 101 ...... (869–042–00159–1) ...... 37.00 July 1, 2000 102–200 ...... (869–042–00160–5) ...... 21.00 July 1, 2000 31 Parts: 201–End ...... (869–042–00161–3) ...... 16.00 July 1, 2000 0–199 ...... (869–042–00112–5) ...... 23.00 July 1, 2000 200–End ...... (869–042–00113–3) ...... 53.00 July 1, 2000 42 Parts: 1–399 ...... (869–038–00162–4) ...... 36.00 Oct. 1, 1999 32 Parts: 400–429 ...... (869–038–00163–2) ...... 44.00 Oct. 1, 1999 1–39, Vol. I ...... 15.00 2 July 1, 1984 430–End ...... (869–038–00164–1) ...... 54.00 Oct. 1, 1999 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 43 Parts: 1–190 ...... (869–042–00114–1) ...... 51.00 July 1, 2000 1–999 ...... (869–038–00165–9) ...... 32.00 Oct. 1, 1999 191–399 ...... (869–042–00115–0) ...... 62.00 July 1, 2000 1000–end ...... (869–038–00166–7) ...... 47.00 Oct. 1, 1999 400–629 ...... (869–042–00116–8) ...... 35.00 July 1, 2000 44 ...... (869–038–00167–5) ...... 28.00 Oct. 1, 1999 630–699 ...... (869–042–00117–6) ...... 25.00 July 1, 2000 700–799 ...... (869–042–00118–4) ...... 31.00 July 1, 2000 45 Parts: 800–End ...... (869–042–00119–2) ...... 32.00 July 1, 2000 1–199 ...... (869–038–00168–3) ...... 33.00 Oct. 1, 1999 200–499 ...... (869–038–00169–1) ...... 16.00 Oct. 1, 1999 33 Parts: 500–1199 ...... (869–042–00170–2) ...... 45.00 Oct. 1, 2000 1–124 ...... (869–042–00120–6) ...... 35.00 July 1, 2000 1200–End ...... (869–038–00171–3) ...... 40.00 Oct. 1, 1999 125–199 ...... (869–042–00121–4) ...... 45.00 July 1, 2000 200–End ...... (869–042–00122–5) ...... 36.00 July 1, 2000 46 Parts: 1–40 ...... (869–038–00172–1) ...... 27.00 Oct. 1, 1999 34 Parts: 41–69 ...... (869–038–00173–0) ...... 23.00 Oct. 1, 1999 1–299 ...... (869–042–00123–1) ...... 31.00 July 1, 2000 70–89 ...... (869–038–00174–8) ...... 8.00 Oct. 1, 1999 300–399 ...... (869–042–00124–9) ...... 28.00 July 1, 2000 90–139 ...... (869–038–00175–6) ...... 26.00 Oct. 1, 1999 400–End ...... (869–042–00125–7) ...... 54.00 July 1, 2000 140–155 ...... (869–038–00176–4) ...... 15.00 Oct. 1, 1999 35 ...... (869–042–00126–5) ...... 10.00 July 1, 2000 156–165 ...... (869–038–00177–2) ...... 21.00 Oct. 1, 1999 166–199 ...... (869–038–00178–1) ...... 27.00 Oct. 1, 1999 36 Parts 200–499 ...... (869–038–00179–9) ...... 23.00 Oct. 1, 1999 1–199 ...... (869–042–00127–3) ...... 24.00 July 1, 2000 500–End ...... (869–042–00180–0) ...... 23.00 Oct. 1, 2000 200–299 ...... (869–042–00128–1) ...... 24.00 July 1, 2000 300–End ...... (869–042–00129–0) ...... 43.00 July 1, 2000 47 Parts: 0–19 ...... (869–038–00181–1) ...... 39.00 Oct. 1, 1999 37 (869–042–00130–3) ...... 32.00 July 1, 2000 20–39 ...... (869–038–00182–9) ...... 26.00 Oct. 1, 1999 38 Parts: 40–69 ...... (869–038–00183–7) ...... 26.00 Oct. 1, 1999 0–17 ...... (869–042–00131–1) ...... 40.00 July 1, 2000 70–79 ...... (869–038–00184–5) ...... 39.00 Oct. 1, 1999 18–End ...... (869–042–00132–0) ...... 47.00 July 1, 2000 80–End ...... (869–038–00185–3) ...... 40.00 Oct. 1, 1999 39 ...... (869–042–00133–8) ...... 28.00 July 1, 2000 48 Chapters: 1 (Parts 1–51) ...... (869–038–00186–1) ...... 55.00 Oct. 1, 1999 40 Parts: 1 (Parts 52–99) ...... (869–038–00187–0) ...... 30.00 Oct. 1, 1999 1–49 ...... (869–042–00134–6) ...... 37.00 July 1, 2000 2 (Parts 201–299) ...... (869–038–00188–8) ...... 36.00 Oct. 1, 1999 50–51 ...... (869–042–00135–4) ...... 28.00 July 1, 2000 *3–6 ...... (869–038–00189–3) ...... 40.00 Oct. 1, 2000 52 (52.01–52.1018) ...... (869–042–00136–2) ...... 36.00 July 1, 2000 7–14 ...... (869–038–00190–0) ...... 35.00 Oct. 1, 1999 52 (52.1019–End) ...... (869–042–00137–1) ...... 44.00 July 1, 2000 15–28 ...... (869–038–00191–8) ...... 36.00 Oct. 1, 1999 53–59 ...... (869–042–00138–9) ...... 21.00 July 1, 2000 29–End ...... (869–038–00192–6) ...... 25.00 Oct. 1, 1999 60 ...... (869–042–00139–7) ...... 66.00 July 1, 2000 61–62 ...... (869–042–00140–1) ...... 23.00 July 1, 2000 49 Parts: 63 (63.1–63.1119) ...... (869–042–00141–9) ...... 66.00 July 1, 2000 1–99 ...... (869–038–00193–4) ...... 34.00 Oct. 1, 1999 63 (63.1200–End) ...... (869–042–00142–7) ...... 49.00 July 1, 2000 100–185 ...... (869–038–00194–2) ...... 53.00 Oct. 1, 1999 64–71 ...... (869–042–00143–5) ...... 12.00 July 1, 2000 186–199 ...... (869–038–00195–1) ...... 13.00 Oct. 1, 1999 72–80 ...... (869–042–00144–3) ...... 47.00 July 1, 2000 200–399 ...... (869–038–00196–9) ...... 53.00 Oct. 1, 1999 81–85 ...... (869–042–00145–1) ...... 36.00 July 1, 2000 400–999 ...... (869–038–00197–7) ...... 57.00 Oct. 1, 1999 86 ...... (869–042–00146–0) ...... 66.00 July 1, 2000 1000–1199 ...... (869–038–00198–5) ...... 17.00 Oct. 1, 1999 87-135 ...... (869–042–00146–8) ...... 66.00 July 1, 2000 1200–End ...... (869–042–00199–1) ...... 21.00 Oct. 1, 2000 136–149 ...... (869–042–00148–6) ...... 42.00 July 1, 2000 50 Parts: 150–189 ...... (869–042–00149–4) ...... 38.00 July 1, 2000 1–199 ...... (869–038–00200–1) ...... 43.00 Oct. 1, 1999 190–259 ...... (869–042–00150–8) ...... 25.00 July 1, 2000 200–599 ...... (869–038–00201–9) ...... 22.00 Oct. 1, 1999
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Title Stock Number Price Revision Date 600–End ...... (869–038–00202–7) ...... 37.00 Oct. 1, 1999 CFR Index and Findings Aids ...... (869–042–00047–1) ...... 53.00 Jan. 1, 2000 Complete 1999 CFR set ...... 951.00 1999 Microfiche CFR Edition: Subscription (mailed as issued) ...... 290.00 1999 Individual copies ...... 1.00 1999 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 1999, through January 1, 2000. The CFR volume issued as of January 1, 1999 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 1999, through April 1, 2000. The CFR volume issued as of April 1, 1999 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 1999, through July 1, 2000. The CFR volume issued as of July 1, 1999 should be retained.
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