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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public Paper or fiche 523–5243 interest. Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 78

Friday, April 23, 1999

Agricultural Marketing Service NOTICES RULES Environmental statements; availability, etc.: Peanut promotion, research, and information order; Hanford Site, Richland, WA, 19983–19985 referendum procedures, 20101–20106 PROPOSED RULES Environmental Protection Agency Peanut promotion, research, and information order, 20107– RULES 20123 Air programs; approval and promulgation; State plans for Agriculture Department designated facilities and pollutants: Maryland, 19919–19922 See Agricultural Marketing Service Air quality implementation plans; approval and See Farm Service Agency promulgation; various States: See Food Safety and Inspection Service Arizona et al., 19916–19919 See Natural Resources Conservation Service New Jersey, 19913–19916 See Rural Business-Cooperative Service Texas, 19910–19913 See Rural Housing Service Clean Air Act: See Rural Utilities Service State operating permits programs— Blind or Severely Disabled, Committee for Purchase From Connecticut, 19922–19925 People Who Are Hazardous waste program authorizations: See Committee for Purchase From People Who Are Blind or Wyoming, 19925 PROPOSED RULES Severely Disabled Air programs; approval and promulgation; State plans for Civil Rights Commission designated facilities and pollutants: Maryland, 19958 NOTICES Air quality implementation plans; approval and Meetings; State advisory committees: promulgation; various States: Florida, 19977 Arizona et al., 19957–19958 West Virginia, 19977 Texas, 19957 Commerce Department Hazardous waste program authorizations: See Foreign-Trade Zones Board Wyoming, 19968 See National Oceanic and Atmospheric Administration Pesticide programs: See National Telecommunications and Information Federal Insecticide, Fungicide, and Rodenticide Act; Administration plant-pesticide terminology; alternative name suggestions; comment request, 19958–19961 Committee for Purchase From People Who Are Blind or Pesticides; tolerances in food, animal feeds, and raw Severely Disabled agricultural commodities: NOTICES Bentazon, etc., 19961–19968 Procurement list; additions and deletions, 19975–19977 Superfund program: National oil and hazardous substances contingency Community Development Financial Institutions Fund plan— NOTICES National priorities list update, 19968–19974 Meetings: NOTICES Community Development Advisory Board, 20059 Environmental statements; availability, etc.: Agency statements— Defense Department Comment availability, 20000 See Navy Department Weekly receipts, 19999–20000 Meetings: Education Department Children’s Health Protection Advisory Committee, NOTICES 20000–20001 Agency information collection activities: Superfund; response and remedial actions, proposed Submission for OMB review; comment request, 19982– settlements, etc.: 19983 Tri-County/Elgin Landfill Site, IL, 20001–20002

Employment Standards Administration Equal Employment Opportunity Commission NOTICES PROPOSED RULES Minimum wages for Federal and federally-assisted Age Discrimination in Employment Act: construction; general wage determination decisions, Rights and claims waivers; tender back of consideration, 20024–20025 19952–19957 Energy Department See Federal Energy Regulatory Commission Executive Office of the President See Hearings and Appeals Office, Energy Department See Trade Representative, Office of United States

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Farm Service Agency Prohibited trade practices: RULES Intel Corp., 20133–20139 Program regulations: Servicing and collections— Fish and Wildlife Service Suspension of collection of recapture amount for NOTICES borrowers with shared appreciation agreements, Pipeline right-of-way applications: 19863–19865 New Mexico, 20016–20017 Privacy Act: Federal Aviation Administration Systems of records, 20017 RULES Airworthiness directives: Food and Drug Administration Boeing, 19879–19881 , 19883–19885 RULES Eurocopter France, 19881–19882 GRAS or prior-sanctioned ingredients: Class E airspace, 19885–19886 Carbohydrase and protease enzyme preparations derived PROPOSED RULES from bacillus subtilis or bacillus amyloliquefaciens, Airworthiness directives: 19887–19895 Airbus, 19942–19945 NOTICES British Aerospace, 19936–19938 , 19930–19932 Agency information collection activities: de Havilland, 19932–19934 Proposed collection; comment request, 20004–20007 Fairchild, 19934–19936 Meetings: Fokker, 19940–19942 Medical device manufacturers; registration and listing, Lockheed, 19938–19940 20007 Reports and guidance documents; availability, etc.: Federal Deposit Insurance Corporation Allergenic extract or allergen patch test; chemistry, NOTICES manufacturing, and controls information and Meetings; Sunshine Act, 20002–20003 establishment description information; content and format, 20007–20008 Federal Energy Regulatory Commission NOTICES Food Safety and Inspection Service Electric rate and corporate regulation filings: RULES Dearborn Generation Operating L.L.C. et al., 19987–19989 Meat and poultry inspection: Murphy Oil USA, Inc., et al., 19990–19993 Inspection services; fee increase, 19865–19868 Southern Energy Potrero, L.L.C., et al., 19993–19995 Foreign-Trade Zones Board Hydroelectric applications, 19995–19998 NOTICES Applications, hearings, determinations, etc.: Applications, hearings, determinations, etc.: Gustavus Electric Co., 19985–19986 New York Koch Gateway Pipeline Co., 19986 Pfizer Inc., pharmaceutical manufacturing plant, National Fuel Gas Supply Corp., 19986 19977–19978 Williams Gas Pipelines Central, Inc., 19986–19987 Texas, 19978 Federal Highway Administration Health and Human Services Department NOTICES See Food and Drug Administration Grants and cooperative agreements; availability, etc.: See Health Care Financing Administration Interstate maintenance discretionary program; 2000 FY See Substance Abuse and Mental Health Services implementation guidance, 20049–20053 Administration Federal Railroad Administration Health Care Financing Administration NOTICES NOTICES Exemption petitions, etc.: Agency information collection activities: Atlantic & Western Railway, L.P., 20053 Proposed collection; comment request, 20008–20009 Burlington Northern Santa Fe Railway, 20053–20054 Submission for OMB review; comment request, 20009 Mid-Continent Railway Historical Society, Inc., 20054 Middletown & Hummelstown Railroad Co., 20054–20055 Hearings and Appeals Office, Energy Department Southern Freight Logistics Co., 20055 NOTICES Supplemental crude oil overcharge refunds; request Federal Reserve System deadline, 19998–19999 NOTICES Banks and bank holding companies: Hearings and Appeals Office, Interior Department Formations, acquisitions, and mergers, 20003 NOTICES Permissible nonbanking activities, 20003–20004 Privacy Act: Meetings; Sunshine Act, 20004 Systems of records, 20018–20019 Federal Trade Commission Housing and Urban Development Department NOTICES RULES Meetings: Mortgage and loan insurance programs: Market power and consumer protection issues involved Single family mortgage insurance— with encouraging competition in the U.S. electric Builder warranty for high-ratio FHA-insured mortgages industry, 20129–20132 for new homes; withdrawn, 19895–19896

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NOTICES National Highway Traffic Safety Administration Grants and cooperative agreements; availability, etc.: NOTICES Facilities to assist homeless— Agency information collection activities: Excess and surplus Federal property, 20011 Submission for OMB review; comment request, 20055

Indian Affairs Bureau National Oceanic and Atmospheric Administration RULES PROPOSED RULES Tribal government: Ocean and coastal resource management: Indian rolls preparation— Marine sanctuaries— Sisseton & Wahpeton Mississippi Sioux Tribe, 19896– Gulf of Farallones National Marine Sanctuary, CA; 19898 motorized personal watercraft operation, 19945– 19952 Interior Department NOTICES See Fish and Wildlife Service Coastal zone management programs and estuarine See Hearings and Appeals Office, Interior Department sanctuaries: See Indian Affairs Bureau Apalachicola National Estuarine Research Reserve, FL, See Land Management Bureau 19978–19979 See National Park Service Jacques Cousteau National Estuarine Research Reserve, See Surface Mining Reclamation and Enforcement Office Mullica River and Great Bay, NJ; Kachemak Bay NOTICES National Estuarine Research Reserve, AK; Privacy Act: designations, 19979 Systems of records, 20011–20016 National Park Service Justice Department NOTICES See Prisons Bureau Environmental statements; availability, etc.: RULES Little Rock Central High School National Historic Site, Grants and agreements with higher education institutions, AR, 20020 hospitals, and other non-profit organizations; uniform Jurisdictional transfers: administrative requirements; CFR correction, 19898– Saguaro National Park, AZ, 20021 19899 Meetings: PROPOSED RULES San Francisco Maritime National Historical Park Grants: Advisory Commission, 20021 Justice Programs Office; violent crimes against women on Native American human remains and associated funerary campuses, 20089–20100 objects: Bandelier National Monument, Los Alamos, NM; Labor Department projectile points, 20021–20022 See Employment Standards Administration NOTICES National Skill Standards Board Agency information collection activities: NOTICES Submission for OMB review; comment request, 20023– Meetings, 20025–20026 20024 National Telecommunications and Information Land Management Bureau Administration NOTICES NOTICES Coal leases, exploration licenses, etc.: Grants and cooperative agreements; availability, etc.: Utah, 20019 Public Telecommunications Facilities Program, 20065– Organization, functions, and authority delegations: 20087 California State Office, CA; relocation, 20020 Natural Resources Conservation Service National Aeronautics and Space Administration NOTICES RULES Environmental statements; availability, etc.: Acquisition regulations: Okatoma Creek Watershed, MS, 19975 Contracting officer’s technical representative training, 19928–19929 Navy Department MidRange Procedures; changes, 19925–19928 NOTICES Space shuttle: Environmental statements; availability, etc.: Small, self-contained payloads by domestic educational Pacific Missile Range Facility enhanced capability, institutions; special policy; regulation removed, 19979–19982 19886–19887 Small self-contained payloads use; regulation removed, Nuclear Regulatory Commission 19886 RULES Operators’ licenses: National Archives and Records Administration Initial examination requirements, 19868–19878 RULES NOTICES Public availability and use: Meetings: Researcher registration and research room procedures, Regulatory Oversight Process Pilot Program; workshop, 19899–19906 20026–20027

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Office of United States Trade Representative Applications, hearings, determinations, etc.: See Trade Representative, Office of United States INVESCO Bond Funds, Inc., et al., 20032–20034 MFS Series Trust XI et al., 20034–20035 Peace Corps NOTICES Small Business Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 20027 Agency information collection activities: Submission for OMB review; comment request, 20045– Personnel Management Office 20046 NOTICES Disaster loan areas: Agency information collection activities: California, 20046 Proposed collection; comment request, 20028 Louisiana, 20046 Submission for OMB review; comment request, 20028 Ohio, 20046 Grants and cooperative agreements; availability, etc.: Prisons Bureau Women’s Business Center projects in Mid-Delta Region, PROPOSED RULES MS, 20046–20047 Inmate control, custody, care, etc.: Inmate commissary account deposit procedures, 20125– State Department 20127 NOTICES NOTICES Environmental statements; notice of intent: Meetings: Housing criminal alien populations in non-Federal low- International Communications and Information Policy security correctional facilities, 20022–20023 Advisory Committee, 20047

Public Health Service Substance Abuse and Mental Health Services See Food and Drug Administration Administration See Substance Abuse and Mental Health Services NOTICES Administration Agency information collection activities: Submission for OMB review; comment request, 20009– Research and Special Programs Administration 20010 NOTICES Grant and cooperative agreement awards: Hazardous materials: Minority Fellowship Program— Applications; exemptions, renewals, etc., 20056–20058 American Nurses Association et al., 20010–20011

Rural Business-Cooperative Service Surface Mining Reclamation and Enforcement Office RULES NOTICES Program regulations: Privacy Act: Servicing and collections— Systems of records, 20022 Suspension of collection of recapture amount for borrowers with shared appreciation agreements, Trade Representative, Office of United States 19863–19865 NOTICES Generalized System of Preferences: Rural Housing Service Annual product and country eligibility practices review RULES (1999)— Program regulations: Petitions submission deadline, 20047–20048 Servicing and collections— Suspension of collection of recapture amount for borrowers with shared appreciation agreements, Transportation Department 19863–19865 See Federal Aviation Administration See Federal Highway Administration Rural Utilities Service See Federal Railroad Administration RULES See National Highway Traffic Safety Administration Program regulations: See Research and Special Programs Administration Servicing and collections— NOTICES Suspension of collection of recapture amount for Reports and guidance documents; availability, etc.: borrowers with shared appreciation agreements, Passenger, third-party, and property liability insurance 19863–19865 coverage for U.S. and foreign air carriers; non- approval of exclusions related to Year 2000 problem, Securities and Exchange Commission 20048–20049 NOTICES Agency information collection activities: Treasury Department Submission for OMB review; comment request, 20028– See Community Development Financial Institutions Fund 20032 Self-regulatory organizations; proposed rule changes: United States Information Agency Depository Trust Co., 20035–20037 NOTICES National Association of Securities Dealers, Inc., 20037– Art objects; importation for exhibition: 20044 Land of Myth and Fire: The Ancient and Medieval Options Clearing Corp., 20044–20045 Culture of Georgia, 20059

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Veterans Affairs Department Part IV RULES Department of Agriculture, Agricultural Marketing Service, Loan guaranty: 20101–20123 Interest rate reduction refinancing loans requirements, 19906–19910 NOTICES Part V Agency information collection activities: Department of Justice, Bureau of Prisons, 20125–20127 Proposed collection; comment request, 20059–20063 Meetings: Part VI Voluntary Service National Advisory Committee, 20063– Federal Trade Commission, 20129–20132 20064

Part VII Separate Parts In This Issue Federal Trade Commission, 20133–20139

Part II Department of Commerce, National Telecommunications and Information Administration, 20065–20087 Reader Aids Consult the Reader Aids section at the end of this issue for Part III phone numbers, online resources, finding aids, reminders, Department of Justice, 20089–20100 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.

7 CFR 1216...... 20102 1951...... 19863 Proposed Rules: 1216...... 20107 9 CFR 391...... 19865 10 CFR 55...... 19868 14 CFR 39 (3 documents) ...... 19879, 19881, 19883 71 (4 documents) ...... 19885, 19886 1214 (2 documents) ...... 19886 Proposed Rules: 39 (7 documents) ...... 19930, 19932, 19934, 19936, 19938, 19940, 19942 15 CFR Proposed Rules: 922...... 19945 21 CFR 184...... 19887 24 CFR 203...... 19895 204...... 19895 25 CFR 61...... 19896 28 CFR 70...... 19898 Proposed Rules: 90...... 20090 506...... 20126 540...... 20126 29 CFR Proposed Rules: 1625...... 19952 36 CFR 1254...... 19899 38 CFR 36...... 19906 40 CFR 52 (3 documents) ...... 19910, 19913, 19916 62...... 19919 63...... 19922 271...... 19925 Proposed Rules: 52 (2 documents) ...... 19957 62...... 19958 152...... 19958 174...... 19958 180 (2 documents) ...... 19958, 19961 185...... 19961 186...... 19961 271...... 19968 300...... 19968 48 CFR 1802...... 19925 1804...... 19925 1812...... 19925 1842...... 19928 1852...... 19925 1853...... 19925 1871...... 19925

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Rules and Regulations Federal Register Vol. 64, No. 78

Friday, April 23, 1999

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: from the scope of E.O. 12372, which contains regulatory documents having general requires intergovernmental consultation Executive Order 12866 applicability and legal effect, most of which with State and local officials. are keyed to and codified in the Code of This rule has been determined to be Federal Regulations, which is published under significant under Executive Order 12866 The Unfunded Mandates Reform Act of 50 titles pursuant to 44 U.S.C. 1510. and has been reviewed by the Office of 1995 The Code of Federal Regulations is sold by Management and Budget. Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. the Superintendent of Documents. Prices of Regulatory Flexibility Act new books are listed in the first FEDERAL 104–4, requires Federal agencies to REGISTER issue of each week. In compliance with the Regulatory assess the effects of their regulatory Flexibility Act (5 U.S.C. 601 and 602), actions on State, local, and tribal the undersigned has determined and governments or the private sector of DEPARTMENT OF AGRICULTURE certified by signature of this document $100 million or more in any 1 year. that this rule will not have a significant When such a statement is needed for a Farm Service Agency economic impact on a substantial rule, section 205 of the UMRA requires number of small entities. New Rural Housing Service FSA to prepare a written statement, provisions included in this rule will not including a cost benefit assessment, for Rural Business-Cooperative Service impact a substantial number of small proposed and final rules with ‘‘Federal entities to a greater extent than large mandates’’ that may result in such Rural Utilities Service entities. Therefore, a regulatory expenditures for State, local, or tribal flexibility analysis is not required and 7 CFR Part 1951 governments, in the aggregate, or to the was not performed. private sector. UMRA generally requires RIN 0560±AF80 Environmental Impact Statement agencies to consider alternatives and adopt the more cost effective or least Suspension of Collection of Recapture This document has been reviewed in burdensome alternative that achieves Amount for Borrowers With Certain accordance with 7 CFR part 1940, the objectives of the rule. Shared Appreciation Agreements subpart G, ‘‘Environmental Program.’’ This rule contains no Federal The issuing agency has determined that AGENCY: Farm Service Agency, USDA. mandates, as defined under Title II of this action does not affect the quality of ACTION: Interim rule. the UMRA, for State, local, and tribal human environment, and in accordance governments or the private sector. Thus, SUMMARY: The Farm Service Agency with the National Environmental Policy this rule is not subject to the (FSA) is amending the shared Act of 1969, Pub. L. 91–190, an requirements of sections 202 and 205 of appreciation agreement requirements to Environmental Impact Statement is not UMRA. required. allow certain Farm Loan Program (FLP) Paperwork Reduction Act of 1995 borrowers with such agreements that Executive Order 12988 end prior to December 31, 2000, to have The amendments to 7 CFR part 1951 the obligation to pay all or part of the This rule has been reviewed in set forth in this interim rule require a recapture amount due under the accordance with Executive Order 12988, revision to the information collection agreement suspended for up to 3 years. Civil Justice Reform. In accordance with requirements that were previously This rule will allow those borrowers to this rule: (1) All State and local laws approved by OMB under the provisions suspend their obligation to pay the and regulations that are in conflict with of chapter 35 of title 44 of the United recapture amount to give them time to this rule will be preempted; (2) no States Code. Since this interim rule will recover from the current situation of retroactive effect will be given to this be effective as soon as it is published, depressed commodity prices. rule because it will not affect FSA has submitted a request for agreements, entered into prior to the DATES: Effective April 23, 1999. emergency approval of the information effective date of the rule, to pay the collections of this rule to OMB. Still, the Comments on this rule and on the shared appreciation amount due under information collections must be agency is seeking public comments on a shared appreciation agreement; and (3) the information collection estimates and submitted by June 22, 1999 to be administrative proceedings in assured consideration. subsequent revisions may be made accordance with 7 CFR parts 11 and 780 based on the comments received. ADDRESSES: Submit written comments must be exhausted before bringing suit Title: 7 CFR 1951–S, Farmer Program to the Director, Farm Loan Programs, in court challenging action taken under Account Servicing Policies. Loan Servicing and Property this rule. This rule will only allow OMB Control Number: 0560–0161. Management Division, United States certain borrowers who are obligated to Expiration Date of Approval: March Department of Agriculture, Farm pay a sum certain at the maturity date 31, 2001. Service Agency, STOP 0523, 1400 of the shared appreciation agreement to Type of Request: Extension and Independence Avenue, SW, delay that payment. revision of a currently approved Washington, DC 20250–0523. information collection. FOR FURTHER INFORMATION CONTACT: Executive Order 12372 Abstract: The information collected David Spillman, Branch Chief, or For reasons set forth in the Notice under OMB Number 0560–0161, as Veldon Hall, telephone (202) 720–0900; related to 7 CFR part 3015, subpart V identified above, is needed for FSA to electronic mail: david (48 FR 29115, June 24, 1983), the effectively administer the regulations [email protected]. programs within this rule are excluded relating to the servicing of delinquent

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Such CFR part 1951–S are necessary to information collection should be sent to depressed prices are expected to administer the loan program in the Desk Officer for Agriculture, Office continue for at least another year. In accordance with statutory requirements, of Information and Regulatory Affairs, certain cases, the prices farmers are are consistent with commonly Office of Management and Budget, receiving for the agricultural performed lending practices, and are Washington, D.C. 20503 and to David commodities they produce have fallen necessary to protect the Government’s Spillman, Branch Chief, USDA, FSA, by more than 50% over the last 3 years. financial interest. Farm Loan Programs Loan Servicing This situation has led to a substantial This rule, which provides for the Division, Farm Service Agency, USDA, fall in farm income across nearly all suspension of the borrower’s obligation 1400 Independence Avenue, SW, STOP sectors of production agriculture. Thus, to pay the recapture payment due under 0523, Washington, D.C. 20250–0523. A a significant percentage of the a shared appreciation agreement in 1999 copy and explanation of the information approximately 3,300 borrowers with and 2000, will result in an information collection requirements of this rule may shared appreciation agreements that are collection burden for borrower’s seeking be obtained from Mr. Spillman at the coming to an end during the 1999 and such a suspension. Each borrower who above address. Comments regarding 2000 calendar years are not able to wishes to suspend a recapture payment paperwork burden will be summarized repay the recapture amounts. obligation will be required to request a and included in the request for OMB This rule will allow those borrowers suspension, read and sign a suspension approval of the information collection. to suspend their obligation to pay the agreement, and provide cash flow All comments will also become a matter recapture amount to give them time to projections documenting that they are of public record. recover from the current situation of unable to pay for 2 years subsequent to depressed commodity prices. the suspension. The revision to the Federal Assistance Programs Accordingly, there is a good cause to information collection requirements These changes affect the following make the rule effective immediately approved under 0560–0161 also FSA programs as listed in the Catalog of upon publication. FSA will accept requests approval of an existing Federal Domestic Assistance. public comments on the rule for 60 days after publication in the Federal requirement associated with this 10.407—Farm Ownership Loans program. The currently approved Register. information collection contains no Discussion of the Interim Rule The shared appreciation agreement regulations codified at 7 CFR 1951.914, burden estimates for the information The Farm Service Agency (FSA) collection requirements contained in 7 generally provide the procedures for the publishes this amendment to subpart S servicing of shared appreciation CFR 1951.914(e). Specifically, of part 1951 for immediate affect paragraphs 1951.914(e)(1) and (8) agreements, including the procedure for because of the emergency nature of the determining and collecting recapture require a borrower that wishes to program and the eligibility requirements amortize the recapture due to present a amount of any appreciation in the involved. Publication as a proposed rule secured real estate. feasible plan documenting their ability for notice and comment is impractical to pay the recapture in installments plus The rule would amend the regulation and contrary to the public interest as by adding paragraph (h) to give a interest and to execute a promissory discussed below. note for the amount due. borrower with a shared appreciation Estimate of Burden: Public reporting In late 1988, the Agricultural Credit agreement that becomes due on or burden for this collection of information Act of 1987 amended § 353 of the before December 31, 2000, provided is estimated to average 1.51 hours per Consolidated Farm and Rural there has been no agreement for response. Development Act (Con Act) by inserting payment of the recapture amount, a Respondents: Individuals or subsection (e) (7 U.S.C. 2001(e)) to allow period of 30 days to apply for a 1 year households, businesses or other for the Farmers Home Administration suspension of the borrower’s obligation profit and farms. (which later became part of FSA), to to pay the recapture amount if the Estimated Number of Respondents: begin restructuring debts with debt borrower certifies in writing the 9,453. write-downs and entering into shared inability to pay the recapture amount. In Estimated Number of Responses per appreciation agreements with order to protect the Government’s lien Respondent: 1. borrowers. Under these agreements, a position, FSA must determine that its Estimated Total Annual Burden on borrower is required to make a recapture mortgage on the secured real estate will Respondents: 14,309 hours. payment equal to a specified portion of not expire prior to the end of the Proposed topics for comment include: any appreciation in the value of the real suspension period plus an additional 3 (a) Whether the collection of estate between the date of the agreement years, or FSA must be advised that information is necessary for the proper and the earlier of the following dates: (1) under State law the mortgage can be performance of the functions of the The date the real estate securing the extended for an additional 3 years. agency, including whether the borrower’s loan with the agency is sold, A suspension may be renewed twice. information will have practical utility; (2) the repayment of the loan, (3) the At each renewal, the borrower will (b) the accuracy of the agency’s estimate date the borrower ceases farming receive a suspension limited to the of burden including the validity of the operations, or (4) the date 10 years after portion of the recapture amount FSA methodology and assumptions used; (c) the borrower and the agency entered determines, based on a Farm and Home ways to enhance the quality, utility and into the agreement. The recapture Plan, that the borrower is still unable to clarity of the information to be payment is 75% of the appreciation in pay at the time of the renewal request. collected; (d) ways to minimize the the case of agreements that lasted 4 The amount of the recapture payment burden of the collection of information years or less and 50% of the subject to a suspension will accrue

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This notification is separate Farm Loan Program (FLP) servicing including accrued interest that is owed and apart from the notification required official, a suspension of the obligation to and the date such payment is due. by § 807 of the Agriculture, Rural pay the recapture amount under a (7) At the end of the suspension Development, Food and Drug shared appreciation agreement, if: period, the borrower will be obligated to Administration, and Related Agencies (i) The shared appreciation agreement pay the amount suspended, plus any Appropriations Act, 1999 (1999 recapture payment is now due but there accrued interest and the borrower will Appropriations Act). Section 807 of the has been no agreement to pay the be so notified. 1999 Appropriations Act requires FSA, recapture payment; (8) If the real estate that is the subject beginning in fiscal year 2000, to send an (ii) The 10 year term of the agreement of the shared appreciation agreement FLP borrower notice of the provisions of ends on or before December 31, 2000; during the suspension period is the agreement not later than 12 months (iii) The secured real estate has not conveyed, the suspended amount, plus before the end of the term of a shared yet been conveyed so that the entire any accrued interest shall become appreciation agreement. Under amount of the shared appreciation immediately due and payable by the additional FSA procedures all agreement recapture payment is due; borrower in accordance with the borrowers whose agreements were due, (iv) The borrower has complied with procedures established under paragraph even if the payment obligation is the other terms of the agreement; (c), except that an appraisal is not (v) The borrower certifies in writing suspended, were notified of the required on the real estate. that the borrower is not able to pay the agreements’ provisions in the timeframe recapture amount; Signed in Washington, DC, on April 20, required by § 807. The requirement in (vi) The agreement or the obligations 1999. this regulation that borrowers be thereunder have not been accelerated August Schumacher, Jr., notified 30 days before the end of the and there are pending servicing rights Under Secretary for Farm and Foreign suspension is not intended to apply under this subpart still available to the Agricultural Services. under § 807 of the 1999 Appropriations borrower; and [FR Doc. 99–10258 Filed 4–21–99; 8:45 am] Act. (vii) The Agency’s mortgage which BILLING CODE 3410±05±P If the real estate is conveyed during secures the agreement remains in effect the suspension period, the recapture for a period not less than the suspension amount plus any applicable interest will period under this paragraph plus 3 DEPARTMENT OF AGRICULTURE become immediately due and payable additional years or the Agency Food Safety and Inspection Service under the notice procedures explained determines that the mortgage can be in the notice to the borrowers. extended for an additional 3 years 9 CFR Part 391 List of Subjects in 7 CFR Part 1951 beyond the suspension period. (2) A request for suspension of the [Docket No. 98±052F] Accounting, Credit, Loan programs- obligation to pay the recapture amount agriculture. must be submitted in writing to the FLP RIN 0583±AC54 Accordingly, 7 CFR part 1951 is servicing official after the borrower has amended as follows: received notification of the recapture Fee Increase for Inspection Services amount due by the later of: AGENCY: PART 1951ÐSERVICING AND (i) 30 days after the borrower has Food Safety and Inspection COLLECTIONS received notification of the recapture Service, USDA. amount due; or ACTION: Final rule. 1. The authority citation for part 1951 (ii) May 24, 1999. continues to read as follows: (3) The term of the suspension of the SUMMARY: The Food Safety and obligation to pay the recapture amount Inspection Service (FSIS) is increasing Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 31 the fees charged to meat and poultry U.S.C. 3716; 42 U.S.C. 1480. is 1 year. (4) A suspension may be renewed by establishments, plants, importers, and the Agency at the request of a borrower exporters for providing voluntary Subpart SÐFarmer Program Account inspection, identification, and Servicing Policies in writing not more than twice. Prior to renewal of a suspension, the Agency certification services; laboratory services; and overtime and holiday 2. Section 1951.914 is amended by will determine, based on a Farm and services. These fees are being increased revising the heading and introductory Home Plan, the portion of the recapture in order to generate the additional text of paragraph (b) and by adding amount the borrower is still unable to revenue that FSIS is required to recover. paragraph (h) to read as follows: pay, or obtain credit to pay, from any other source (including nonprogram Despite increased costs each year, these § 1951.914 Servicing of accounts loans from the Agency, in accordance rates have not been adjusted since 1996. restructured under Primary Loan Service with this part), the suspension will be FSIS is reducing the fee it charges for Program. limited to such an amount. The Agency the Accredited Laboratory program. The * * * * * must also determine that the conditions Agency’s analysis has identified (b) Recapture under Shared prescribed in paragraphs (h)(1)(i) decreased operational costs for this Appreciation Agreements. Except as through (h)(1)(vi) are still met. program. Accordingly, the Agency is provided in paragraph (h), recapture of (5) The amount of the recapture reducing its fee. any appreciation will take place at the payment suspended will accrue interest DATES: Effective April 25, 1999.

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FOR FURTHER INFORMATION CONTACT: FSIS’ projected increased FY 1999 costs voluntary inspection, identification, and Michael B. Zimmerer, Director, of 3.1% for Federal employees pay certification services; laboratory Financial Management Division, Office raises and 1.9% for inflation. Comments services; and overtime and holiday of Management, Food Safety and submitted also questioned why the base services. FSIS received 19 comments Inspection Service, U.S. Department of time fee, the overtime and holiday fee, from the meat and poultry industries. Agriculture, Washington, DC 20250– and the laboratory service fee were not All commenters were opposed to the 3700, (202) 720–3552. being raised the same percentage. proposal, objecting to the proposed fee SUPPLEMENTARY INFORMATION: FSIS has not raised the fees that it increases for the affected inspection charges for providing voluntary services. The commenters’ specific Background inspection, identification, and concerns and the Agency’s responses The Federal Meat Inspection Act certification services, overtime and follow. (FMIA) and the Poultry Products holiday services, and laboratory services Comment: All commenters stated that Inspection Act (PPIA) provide for since December 1996 (61 FR 65459; 62 the proposed raise of 12.53% and 9.12% mandatory Federal inspection of the FR 6111). The cost of providing these in fees, respectively for base time and slaughter of certain livestock and services has risen since that time. FSIS overtime/holiday time services, which poultry and of the processing of certain has been absorbing these increased costs appeared to be based upon an actual livestock and poultry products. The cost in various ways. FSIS cannot continue cost increase of 5.0% (3.1% for wages of this inspection (excluding such to absorb these increased costs. and 1.9% for overhead adjustments), inspection performed on holidays or on As discussed below in the Agency’s was excessive. Most of the commenters an overtime basis) is borne by FSIS. response to comments, since the 1996 stated that they were opposed to any In addition to mandatory inspection, rate change, FSIS has experienced rate increase in excess of 5.0%. FSIS provides a range of voluntary increased costs in providing voluntary Response: The fee increases that FSIS inspection, certification, and inspection, identification, and proposed were not solely based upon identification services. Under the certification services; laboratory FSIS’ projected increased FY 1999 costs Agricultural Marketing Act of 1946, as services; and overtime and holiday of 3.1% for wages and 1.9% for amended (7 U.S.C. 1621 et seq.), FSIS services. These increased costs are overhead. The last time FSIS increased provides these services to assist in the attributable to the national and locality reimbursable rates was in December of orderly marketing of various animal pay raises given to Federal employees 1996 (61 FR 65459). FSIS is required to products and byproducts. These each year, the increased travel and recover all of the costs associated with services include the certification of overhead costs each year, and other providing services in its voluntary technical animal fats and the inspection factors such as higher-salaried inspection programs (i.e. voluntary of exotic animal products. FSIS is personnel certifying product during inspection, identification, and required to recover the costs of base time. These increased costs certification services and overtime and voluntary inspection, certification, and necessitate a 12.53% increase in base holiday services). New rates were not identification services. time costs, a 9.12% increase in overtime proposed in 1997 and 1998 because of FSIS also provides certain voluntary and holiday costs, and a 4.78% increase major reorganizations within the laboratory services which in laboratory services costs. The Agency and other factors, even though establishments or others may request differing fee increase for each type of all Federal employees received pay FSIS to perform. The cost of these service is the result of the different raises, and travel and overhead costs services, which are provided under the amount it costs FSIS to provide these increased in each of those years. This Agricultural Marketing Act of 1946, as three types of services. As reflected in resulted in the industry being amended (7 U.S.C. 1621 et seq.), must the response to comments, these underbilled in each of these years and be recovered by FSIS. Laboratory differences in costs stem from various the Agency not recovering the full costs services are provided for four types of factors including the differing salary it incurred in operating its voluntary analytic testing. These are: levels of the personnel who provide the programs. microbiological testing, residue services. Since FY 1996, all Federal employees chemistry tests, food composition tests, In its analysis of projected costs for have received across the board average and some pathology testing. FY 1999, FSIS has identified a decrease salary increases as follows: January, In 1998, FSIS reviewed the fees that in the cost of operating the Accredited 1997—3.0%; January, 1998—2.8%; and it charged for providing voluntary Laboratory Program (ALP). This January, 1999—3.6%. The compounded inspection, identification, and projected decreased cost of $1,000 per annual effect of all 3 years of salary certification services; laboratory accreditation is based upon the increases total 9.7%. The compounded services; and overtime and holiday difference in actual costs since the 1996 effect calculates the increase in a given services and performed a cost analysis increase and projected costs. The year on top of the previous years’ to determine whether the fees it decreased cost of accreditation is the increases. That is, for every dollar established were adequate to recover the result of a number of factors, including earned by a Federal employee in 1996, costs that FSIS would incur in a projected decrease in accreditations he now is earning almost 10 cent more providing the services. As reflected in sought and maintained, as well as more in 1999. Specifically, each dollar earned the proposed rule published on March efficient operating practices by FSIS. by a Federal employee in 1996, because 4, 1999, (64 FR 10402), FSIS has A full analysis of the economic of salary raises, increased to $1.03 in determined that the fees it currently impact of this rule was presented in the 1997 (a 3% increase), $1.06 in 1998 (a charges are not adequate to recover the proposed rule (64 FR 10402). 2.8% increase) and $1.10 in 1999 (a costs of providing the services. 3.6% increase). Comments submitted in response to Proposed Rule and Comments Additionally, there were other factors the proposed rule questioned why the On March 4, 1999, FSIS published a that were taken into account in base time fee for voluntary inspection, proposed rule at 64 FR 10402 to determining the increased rate of certification, and identification services increase the fees that FSIS charges meat 12.53% and 9.12% for base and and the fee for overtime and holiday and poultry establishments, plants, overtime/holiday time services, services were being increased more than importers, and exporters for providing respectively, beyond the calculated

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9.7% increased salary amount for low inflation or even deflationary should be effective on the first day of Federal employees. For base time, an environment. the pay period (Sunday) after additional 3.37% increase was added to Response: FSIS does not have data on publication of this rule. Therefore, the the 9.16% compounded salary cost specific small establishments that sell effective date for this rule is April 25, increase (estimated in mid-1998) to their products directly to food service or 1999. provide for the fact that base time retail establishments. Therefore, FSIS could not estimate the economic impact Executive Order 12866 and Regulatory services are performed by higher Flexibility Act salaried employees doing certification of of the proposed fee increase on small product for exports, instead of lower establishments who engaged in this type This rule has been determined to be salaried employees in previous years, of business, i.e., the potential impact of not significant and was not reviewed by plus the projected inflated travel and the increase in prices on their sales or the Office of Management and Budget overhead costs. The proposed increase the price elasticity. Price elasticity is the (OMB) under Executive Order 12866. of 9.12% for overtime/holiday services percentage change in demand for a The fee increases for voluntary is less than the compounded effect of product associated with a one percent inspection, identification, and the 3 years of Federal pay raises (9.7%) change in its price. FSIS relied on the certification services, laboratory by the amount of .58% due to the fact overall elasticity of demand for the services, and overtime and holiday that when the proposed rate increases product, i.e., responsiveness or inspection services are the result of were originally calculated in mid-1998, sensitivity of demand to changes in increases in the salaries of Federal the projected pay increase for January prices of the product sold by all employees established by Congress 1999 was calculated at the anticipated establishments. FSIS would welcome under the Federal Employees Pay 3.1%, instead of the later approved specific data on this issue for Comparability Act of 1990. The increase actual raise of 3.6% that occurred. considering future adjustments. also includes projected increased travel Commenters were not opposed to the However, it must be understood that costs and overhead costs due to proposed increase cost for laboratory FSIS is required to recover the full costs inflation, higher-salaried employees services. The increase of 4.78% for of operating its voluntary programs. working more base time than overtime, Comment: Four commenters said that laboratory service fees is due to and various other factors. the increase in fees does not take into The Administrator, Food Safety and increased efficiencies in the consideration the cooperative Inspection Services, has determined that laboratories, which in turn keep down certification programs of the this action will not have a significant operating costs. Operating costs Agricultural Marketing Service, USDA, economic impact on a substantial constitute a significant portion of the fee such as the Certified Angus Beef or the number of small entities as defined by for laboratory services. Operating costs Certified American Lamb program. the Regulatory Flexibility Act (5 U.S.C. have been kept in check over the last Response: The certification services 601). three years. provided by other agencies and the rates Executive Order 12988 The fees being finalized reflect the that other agencies charge for the difference between the last fee change in services that they provide has no impact This rule has been reviewed under 1996 and projected costs incurred by upon the fees charged by FSIS. Executive Order 12988, Civil Justice FSIS for FY 1999. If those fees were Comment: Some commenters raised Reform. This rule is not intended to recalculated to reflect all actual costs issues about FSIS inspection structure have a retroactive effect. States and local through FY 1999, they would probably and the possible operation of HACCP jurisdictions are preempted by the increase. However, the Agency has plants outside normal inspection hours Federal Meat Inspection Act (FMIA) and decided to finalize the fee rates it without the requirement for overtime the Poultry Products Inspection Act proposed. It will make appropriate inspection. (PPIA) from imposing any marking, adjustments in a new proposal it Response: These issues are not within labeling, packaging, or ingredient expects to publish in late 1999 regarding the scope of this rulemaking and, thus, requirements on federally inspected the fees that need to be charged for the are not being addressed in this docket. livestock and poultry products that are inspection programs it operates. This Accordingly, FSIS is amending in addition to, or different than, those new proposal will reflect the Federal § 391.2 to increase the base time rate for imposed under the FMIA and PPIA. pay raise and inflation rate for travel providing voluntary inspection, States and local jurisdictions may, and overhead costs anticipated for identification, and certification services however, exercise concurrent January 2000, and any other relevant from $32.88 per hour, per program jurisdiction over livestock and poultry factors. employee, to $37.00 per hour, per products that are outside official Comment: Two commenters stated program employee. FSIS is amending establishments for the purpose of that in the proposed rule, there is an § 391.3 to increase the rate for providing preventing the distribution of livestock attempt to rationalize that small overtime and holiday services from and poultry products that are establishments would not be affected $33.76 per hour, per program employee, misbranded or adulterated under the adversely. Some commenters stated that to $36.84 per hour, per program FMIA and PPIA, or, in the case of the rule will have a detrimental effect employee. FSIS is also amending § 391.4 imported articles, that are not at such an on small establishments trying to to increase the rate for laboratory establishment, after their entry into the develop a growing market. Additionally, services from $48.56 per hour, per United States. some commenters stated that some program employee to $50.88 per hour, State or local laws, regulations, or small establishments are not selling per program employee. Further, FSIS is policies are preempted by the directly to consumers, but instead are amending § 391.5 to reduce the fee Agricultural Marketing Act of 1946, as selling to food service or retail charged for accreditations and renewals amended, if they present irreconcilable establishments. Therefore, these from $2,500 per accreditation, to $1,500 conflict with the provisions of this rule commenters indicated that it was highly per accreditation per year. under the Agricultural Marketing Act of unlikely that the excessive cost To recover the increased costs in an 1946, as amended. increases being proposed could be expeditious manner, the Administrator Administrative proceedings will not passed through, especially in today’s has determined that these amendments be required before parties may file suit

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19868 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations in court challenging this rule. However, NUCLEAR REGULATORY EFFECTIVE DATE: This final rule is the administrative procedures specified COMMISSION effective on October 20, 1999. in 9 CFR 306.5 and 381.35 of the FMIA FOR FURTHER INFORMATION CONTACT: and PPIA regulations, respectively, must 10 CFR Part 55 Siegfried Guenther, Office of Nuclear be exhausted prior to any judicial Reactor Regulation, U.S. Nuclear challenge of the application of the RIN 3150±AF62 Regulatory Commission, Washington, provisions of this proposed rule, if the DC 20555–0001, telephone: 301–415– challenge involves any decision of an Initial Licensed Operator Examination 1056; e-mail:[email protected]. Requirements FSIS employee relating to inspection SUPPLEMENTARY INFORMATION: services provided under the FMIA or AGENCY: Nuclear Regulatory Background PPIA. Commission. Section 107 of the Atomic Energy Act List of Subjects in 9 CFR Part 391 ACTION: Final rule. (AEA) of 1954, as amended, requires the Fees and charges, Government SUMMARY: The Nuclear Regulatory NRC to determine the qualifications of employees, Meat inspection, Poultry Commission (NRC) is amending its individuals applying for an operator’s products. regulations to allow nuclear power license, to prescribe uniform conditions For the reasons set out in the facility licensees to prepare, proctor, for licensing these individuals, and to preamble, part 391 of title 9 of the Code and grade the required written issue licenses as appropriate. Pursuant of Federal Regulations is amended as examinations and to prepare the to the AEA, 10 CFR Part 55 requires an follows: required operating tests that the NRC applicant for an operator license to pass an examination that satisfies the basic PART 391ÐFEES AND CHARGES FOR uses to evaluate the competence of individuals applying for operator content requirements specified in the INSPECTION SERVICES AND regulation. The licensing examination LABORATORY ACCREDITATION licenses at those plants. The amendment requires facility licensees that elect to consists of the following parts: (1) A 1. The authority citation for Part 391 prepare the examinations to prepare the written generic fundamentals continues to read as follows: examinations in accordance with NRC examination (covering reactor theory, thermodynamics, and components) that Authority: 7 U.S.C. 138f; 7 U.S.C. 394, operator licensing examination standards for power reactors; establish, license applicants have to pass as a 1622 and 1624; 21 U.S.C. 451 et seq.; 21 prerequisite for taking the site-specific U.S.C. 601–695; 7 CFR 2.18 and 2.53. implement, and maintain procedures to control examination security and examination; (2) a site-specific written 2. Sections 391.2, 391.3, 391.4 and integrity; submit, upon approval by an examination covering plant systems, paragraph (a) in § 391.5 are revised to authorized representative of the facility emergency and abnormal plant read as follows: licensee, each examination and test to procedures, and plant-wide generic knowledge and abilities; and (3) a site- § 391.2 Base time rate. the NRC for review and approval; and proctor and grade the written specific operating test consisting of The base time rate for inspection three categories, including a crew-based, examinations upon NRC approval. In services provided pursuant to §§ 350.7, dynamic simulator performance making this final rule change, the NRC 351.8, 351.9, 352.5, 354.101, 355.12, and demonstration, an individual, task- will continue to administer (i.e., manage 362.5 shall be $37.00 per hour, per based walk-through covering control and oversee) the initial operator program employee. room and in-plant systems, and various licensing examination process by: plant administrative requirements. § 391.3 Overtime and holiday rate. Developing the generic fundamentals Although neither the AEA nor Part 55 The overtime and holiday rate for examinations (which are also proctored specifies who must prepare, proctor, or inspection services provided pursuant by facility licensees); reviewing and grade these examinations, the NRC has to §§ 307.5, 350.7, 351.8, 351.9, 352.5, approving the facility-developed, site- traditionally performed those tasks itself 354.101, 355.12, 362.5 and 381.38 shall specific written examinations and or through its contract examiners. The be $36.84 per hour, per program operating tests; and independently NRC and its contract examiners have employee. conducting and grading both the used the guidance in NUREG–1021, dynamic simulator and walk-through ‘‘Operator Licensing Examination § 391.4 Laboratory services rate. portions of the operating test, which is Standards for Power Reactors,’’ once The rate for laboratory services considered the most performance-based titled ‘‘Operator Licensing Examiner provided pursuant to §§ 350.7, 351.9, aspect of the licensing process and Standards,’’ to prepare the initial 352.5, 354.101, 355.12 and 362.5 shall permits the NRC to evaluate the operator licensing examinations. This be $50.88 per hour, per program operator and senior operator applicants’ document has been revised as employee. competence under normal and abnormal experience has been acquired in plant conditions. The amendment § 391.5 Laboratory accreditation fees. preparing the examinations. The current preserves the NRC’s authority to prepare version is designated Revision 8.1 (a) The annual fee for the initial the examinations and tests in lieu of In accordance with 10 CFR 170.12(i), accreditation and maintenance of licensees and to exercise its discretion the NRC’s staff and contractual costs are accreditation provided pursuant to and reject a power reactor facility recovered from facility licensees that §§ 318.21 and 381.153 shall be $1,500 licensee’s determination to prepare, receive examination services. In Fiscal per accreditation. proctor, and grade the written * * * * * examinations and prepare the operating 1 Copies are available for inspection or copying Done in Washington, DC on: April 20, tests. The Commission is concerned 1999. for a fee from the NRC Public Document Room with examination integrity; therefore, (PDR) at 2120 L Street NW, Washington, DC 20555– Thomas J. Billy, the amendment will also revise the 0001; the PDR’s mailing address is Mail Stop LL– Administrator. 6; telephone is 202–634–3273; fax is 202–634–3343. regulations to ensure that applicants, Revision 8 of NUREG–1021 is also available for [FR Doc. 99–10239 Filed 4–20–99; 3:49 pm] licensees, and facility licensees downloading from the internet at http:// BILLING CODE 3410±DM±U understand the scope of the regulation. www.nrc.gov.

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Year (FY) 1995, the NRC spent (e.g., pros, cons, and vulnerabilities) require facility licensees to alter their approximately $3 million on contractor regarding the revised examination organizational structures. However, support for the preparation and process to facilitate a Commission based upon further review after issuing administration of the initial operator decision on whether to implement the the proposed rule, the NRC has licensing examinations and for support revised process on an industrywide concluded that there is insufficient basis of requalification program inspections. basis. to support the original position. On March 24, 1995, in SECY–95–075, With Commission approval, the NRC Therefore, the NRC has decided to ‘‘Proposed Changes to the NRC Operator staff resumed conducting pilot-style revise the final rule so power reactor Licensing Program,’’ the staff advised examinations on August 19, 1996, and facility licensees may elect to prepare the Commission of its intent to by the end of June 1998 had reviewed, their written examinations and eliminate the use of contractors by approved, and administered 80 operating tests (and proctor and grade allowing facility licensees to prepare the additional examinations that were the written examinations) in accordance examinations. The NRC staff’s proposal developed by facility licensees. This with NUREG–1021, or to have the NRC was motivated by the general raised the total number of examinations prepare the examinations, thereby improvement in the performance level completed using the pilot process to making a backfit analysis unnecessary. of power reactor facility licensees’ 102. Discussion training programs, the NRC’s continuing On September 25, 1996, the NRC staff efforts to streamline the functions of the forwarded the rulemaking plan and a The pilot examinations demonstrated Federal government, and the need to response to the additional items to the that the revised process, under which accommodate anticipated resource Commission in SECY–96–206, facility licensees prepare the written reductions. ‘‘Rulemaking Plan for Amendments to examinations and operating tests, is On April 18, 1995, the Commission 10 CFR part 55 to Change Licensed generally effective and efficient. From approved the NRC staff’s proposal to Operator Examination Requirements.’’ the time the pilot program began in initiate a transition process to revise the SECY–96–206 identified a number of October 1995 through the end of June operator licensing program and directed areas (i.e., quality and consistency, 1998, the NRC staff reviewed, approved, the NRC staff to consider carefully the independence and public perception, and administered a total of 102 experience from pilot examinations examination security, NRC resources, examinations that were voluntarily before fully implementing the changes. program stability, and examiner developed by facility licensees under On August 15, 1995, the NRC issued proficiency) in which the NRC could be the pilot examination and transition Generic Letter (GL) 95–06, ‘‘Changes in more vulnerable under the revised program. the Operator Licensing Program,’’ 1 examination process and described the Facility licensees prepared the written outlining the revised examination measures that the NRC has taken to examinations and the operating tests, development process and soliciting manage the vulnerabilities. On proctored the written examinations, and volunteers to participate in pilot December 17, 1996, the Commission graded the written examinations using examinations to evaluate and refine the directed the staff to proceed with the the guidance provided by the NRC in GL methodology. proposed rulemaking. The NRC staff 95–06 during the early stages of the Between October 1, 1995, and April 5, forwarded the proposed rule (SECY–97– pilot program, and subsequently in 1996, the NRC reviewed and approved 079, ‘‘Proposed Rule—Initial Licensed interim Revision 8 of NUREG–1021, 22 operator licensing examinations, Operator Examination Requirements’’) ‘‘Operator Licensing Examination including both the written examinations to the Commission on April 8, 1997, and Standards for Power Reactors.’’ NRC and the operating tests, prepared by on June 26, 1997, the Commission examiners thoroughly reviewed the facility licensees as part of a pilot approved publication of the proposed examinations and tests to determine if program. These examinations were rule for a 75-day comment period. The they were consistent with NRC prepared using the guidance in Revision proposed rule was published in the standards, directed facility licensees to 7 (Supplement 1) of NUREG–1021 1 and Federal Register (62 FR 42426) on make whatever changes were necessary the additional guidance in GL 95–06. August 7, 1997. After the public to achieve NRC standards if the The results of the pilot examinations comment period expired on October 21, submitted examinations and tests were were discussed in SECY–96–123, 1997, 11 comment letters were received. deficient, and approved the ‘‘Proposed Changes to the NRC Operator Two additional comment letters arrived examinations and tests before they were Licensing Program,’’ dated June 10, after the expiration date but were also administered. NRC examiners 1996. Based on the results of the pilot considered in the development of the independently administered all of the program, the NRC staff recommended final rule. operating tests, reviewed the written that the Commission approve the As written, the proposed rule would examination grading, and made the final implementation of the new examination have required all power reactor facility licensing recommendations for approval process on a voluntary basis until licensees to prepare their operator by NRC management. rulemaking could be completed to licensing examinations and to proctor Comments from the NRC chief require all power reactor facility and grade the written portion of those examiners who evaluated the pilot licensees to prepare the entire initial examinations. Although the proposed examinations indicate that the quality operator licensing examination and to rule would have imposed new and level of difficulty of the licensee- proctor and grade the written portion of requirements on facility licensees, the prepared examinations (when modified the examination. On July 23, 1996, the NRC took the position that the backfit as directed by the NRC) were generally Commission authorized the staff to rule, 10 CFR 50.109, did not apply comparable to the examinations continue the pilot examination process because the shift in responsibility for prepared by the NRC (i.e., by the staff on a voluntary basis and directed the preparing the examinations would not: or NRC contractors). The passing rate on staff to develop a rulemaking plan to (1) Constitute a ‘‘modification of the the 102 pilot-style examinations justify the changes that would be procedures required to operate a administered through the end of June necessary to 10 CFR Part 55. The facility’’ within the scope of the backfit 1998 was only slightly lower than the Commission also directed the staff to rule; (2) affect the basic procedures for passing rate on the power reactor address a number of additional items qualifying licensed operators; or (3) licensing examinations administered

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Before factors (e.g., training program quality examinations for those facility licensees initiating the pilot examination and and screening of applicants by facility that elect not to prepare their own transition process at the beginning of FY licensees) that could be responsible for examinations. 1996, the NRC spent approximately $3 some or all of the observed difference, With regard to the efficiency of the million per year on contractor assistance the Commission has concluded that the revised examination process, the for initial examinations and observed change in the passing rates is experience to date supports the requalification inspections. In FY 1997, not significant. The average grades on conclusion that the average industry when facility licensees prepared the facility-prepared, NRC-approved cost will not differ significantly from the approximately 75 percent of the written examinations were also cost of NRC-prepared examinations. examinations, the NRC’s spending on comparable if slightly lower than the Comments from the industry reflect that contractor assistance for the licensing grades on examinations prepared by the the cost for some facility licensees to examinations and requalification NRC during FY 1995. These data prepare the examination was higher inspections decreased to approximately support the conclusion that the facility- than it would have been for an NRC- $0.5 million. The FY 1998 and FY 1999 prepared examinations are prepared examination; however, other budgets reflect the complete elimination discriminating at a conservative and licensees prepared good quality of contractor support for the operator acceptable level and that the revised examinations at lower cost than the licensing program (with the exception of examination process is effective. NRC. The industry generally attributed the generic fundamentals examination). Therefore, the fact that some facility the higher cost to the revised Future resource requirements for the licensees will be preparing the examination and administrative criteria operator licensing program will, in large examinations with NRC review and under the pilot examination process. part, be driven by changes in the level approval, should have no negative effect Although the NRC acknowledges that of facility participation in the voluntary on the safe operation of the plants. the revised criteria contribute somewhat examination development process. to the elevated cost, many of the In order to maintain the integrity of Although the NRC-approved variables that affect the quality and, examinations were comparable to NRC- consequently, the cost of the the operator licensing written prepared examinations, essentially all of examination will be under the facility examinations required by 10 CFR 55.41 the examinations prepared by facility licensees’ control and can present an and 55.43 and the operating tests licensees required some changes opportunity for cost savings. For required by 10 CFR 55.45, the subsequent to NRC review, and many of example, facility licensees that elect to Commission has amended the final rule the examinations required significant prepare the examinations will be able to by adding a requirement for those power rework. The NRC had originally manage the size and quality of their reactor facility licensees that elect to believed that, with training and examination banks and the training and prepare, proctor, and grade the written experience, the industry would quickly experience of the personnel they select examinations and prepare the operating gain proficiency in preparing the to write their licensing examinations. tests, to establish, implement, and examinations, but the overall quality of The revised examination process allows maintain procedures that control the the examinations submitted to the NRC facility licensees to control the security and integrity of those during the pilot program did not development of the examinations and examinations and tests. The improve as expected over time. holds them responsible for their quality. Commission’s regulations in 10 CFR Although approximately half of the 17 If a facility licensee submits an 55.49 already prohibit applicants, facility licensees that had prepared acceptable quality examination, it is licensees (operators), and facility more than one examination by the end likely to save resources despite the licensees from engaging in any activity of FY 1997 did maintain or improve the additional administrative criteria; that compromises the integrity of any quality of their second or third however, if the facility licensee submits examination or test required by 10 CFR examination submittals, the quality of an examination that requires many 55. However, based on the number of the other facility licensees’ second or changes, it will likely cost more than if examination security incidents that third examinations was lower. the NRC had prepared the examination. have occurred since the pilot Consequently, the NRC has asked the Comments from the NRC chief examination program began, the industry to address the issue of examiners who worked on the pilot Commission has concluded that examination quality and determine the examinations indicate that the average applicants, licensees, and facility need for additional training on amount of time spent reviewing and licensees may not be aware that the examination development. The NRC revising the facility-prepared requirements of 10 CFR 55.49 cover will continue to: (1) Direct facility examinations was generally consistent more than just those activities directly licensees that prepare their with the estimates developed before involving the physical administration of examinations to revise the examinations starting the pilot program. Although a an examination or test. In that regard, as necessary to achieve an acceptable number (approximately 20 percent in the Commission considers the integrity level of quality and discrimination; (2) FY 1997) of the examinations required of an examination or test to be withhold approval of those significantly more NRC effort than compromised if any activity occurs that examinations that do not meet NRC originally anticipated to bring them up could affect the equitable and consistent standards; (3) oversee the regional to the NRC’s standards, the resource administration of the examination or implementation of the operator burden was generally offset by other test, regardless of whether the activity licensing process to ensure consistency; examinations that required less effort to takes place before, during, or after the (4) address significant deficiencies in review and revise. The increased administration of the examination or the submitted examinations as licensee efficiency of the revised examination test. Therefore, in addition to requiring performance issues in the examination process has enabled the NRC to certain facility licensees to establish,

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19871 implement, and maintain procedures the NRC staff can make a determination facility licensee or the NRC. The that control the security and integrity of regarding the validity of the Commission also realizes that the the examinations and tests, the examination. If the compromise is not frequency of examination security Commission is also amending 10 CFR discovered until after the licensing incidents and the risk of undetected 55.49 to clarify the scope of that action is complete, the NRC will compromises may increase for those regulation. reevaluate the licensing decision. If the examinations that are prepared by Revision 8 of NUREG–1021 identifies NRC determines that the original facility licensees. However, the a number of examination security and licensing decision was based on an Commission is confident that the integrity guidelines (e.g., physical invalid examination, it will take measures discussed above will security precautions, including the use appropriate action pursuant to 10 CFR sufficiently control the vulnerability in of simulators and the mailing of 55.61(b)(2). this area. examination materials) that the affected As a separate action, the Commission The Commission is aware that the facility licensees (i.e., those that elect to is modifying its ‘‘General Statement of original expectation that facility prepare their own written examinations Policy and Procedures for NRC licensees would eventually realize cost and operating tests) should consider Enforcement Actions’’ (Enforcement savings under the revised process as when establishing their procedures. Policy) to provide examples of they gain proficiency in preparing the Although the security and integrity violations that may be used as guidance examinations has not yet been realized. guidelines in NUREG–1021 are not in determining the appropriate severity However, the Commission has regulatory requirements, once a facility level for violations involving the concluded that neither the increased licensee has established its required compromise of an examination or test. vulnerabilities nor the absence of clear procedures, the Commission intends to The NRC staff will evaluate all potential industry cost benefit provides sufficient monitor this area to ensure that the compromises of an examination or test basis for discontinuing the revised procedures are implemented and required by 10 CFR 55 to determine examination process. The Commission maintained. whether a violation of 10 CFR 55.49 has also finds that the revised examination Consistent with the examination occurred. A compromise that is not process is more consistent with the security and integrity guidelines in detected before a license is issued NRC’s other oversight programs because NUREG–1021, facility employees with would be considered a significant it requires NRC examiners to review specific knowledge of any NRC regulatory concern and categorized at materials prepared by facility licensees. examination before it is given should least at Severity Level III. However, The revised process enables NRC not communicate the examination depending on the circumstances as examiners to focus more on the contents to unauthorized individuals explained in the Enforcement Policy, psychometric quality of examinations and should not participate in any the severity level may be increased or (e.g., the cognitive level at which the further instruction of the students decreased. The NRC intends to utilize questions are written and the scheduled to take the examination. its enforcement authority including, as plausibility of the distractors or wrong Before they are given access to the warranted, civil penalties and orders answer choices) prepared by the facility examination, facility employees are against individuals and facility licensees than on the technical accuracy expected to sign a statement licensees who: (1) Compromise the of the examinations, which was their acknowledging their understanding of integrity of an examination in violation primary focus when the examinations the restrictions. When the examinations of 10 CFR 55.49; (2) commit deliberate were prepared by NRC contractors. This are complete, the same employees are misconduct in violation of 10 CFR 50.5; shift in the NRC examiners’ focus, expected to sign a post-examination or (3) provide incomplete or inaccurate coupled with the facility licensees’ statement certifying that they have not information to the NRC in violation of technical expertise, has the potential to knowingly compromised the 10 CFR 50.9. In addition, cases improve the overall quality of the examination. involving willful violations may be facility-prepared licensing NRC examiners are expected to be referred to the Department of Justice for examinations. attentive to the facility licensee’s criminal prosecution. In the proposed rule, the NRC took examination security measures, to The Commission has reviewed the the position that the backfit rule (10 review the security expectations with vulnerabilities and costs associated with CFR 50.109) did not apply to this the facility licensee at the time the the revised examination process and rulemaking. However, in its review of examination arrangements are considered the measures that the NRC the final rule, the Committee To Review confirmed, and to report any security staff has taken to mitigate the Generic Requirements (CRGR) opined concerns to NRC management. If the vulnerabilities. With regard to that it was inclined to view the rule as NRC determines during its preparation examination quality and level of a backfit and recommended that the that an examination may have been difficulty, the Commission provisions of the proposed rule be compromised, it will not administer the acknowledges that the effectiveness of implemented on a voluntary basis, examination until the scope of the the revised examination process is which would not constitute a backfit. potential compromise is determined and contingent on the NRC staff’s review of Although the NRC had considered and measures can be taken to address the the facility-proposed examinations to dismissed that alternative during the integrity and validity of the ensure that NRC standards are achieved. proposed rulemaking because of examination. Pursuant to 10 CFR 55.51, The Commission has concluded, based concerns regarding resource planning, it the NRC must make a determination on the results of the pilot examination has since concluded that the benefits of before issuing a license that the test or program, that the controls implemented the revised examination process (e.g., examination is valid, meeting the by the NRC staff will provide reasonable improved regulatory efficiency and requirements of the AEA and the assurance that the examinations that are greater licensee control over the Commission’s regulations. If the administered to the license applicants examination costs) remain substantial compromise is discovered after the will provide a valid and consistent basis even if every facility licensee is not examination has been administered, the upon which to make the licensing required to prepare its own NRC will not complete the licensing decisions regardless of whether the examinations. Rather than terminate the action for the affected applicants until examinations were prepared by the pilot program and resume the NRC-

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19872 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations prepared examination process on an NRC contractors wrote most of the than to have the NRC prepare them industrywide basis, the NRC has examinations. under the same criteria. decided to amend the final rule to give Those comments related to the two NEI also stated that the relative cost facility licensees the option to prepare specific questions raised in the of the two examination processes their own examinations or to have them proposed rule and those that have a should not be the only factor in prepared by the NRC. direct bearing on the rule are discussed deciding whether to proceed with the below. The comments are categorized as rulemaking that would have required all Summary of Public Comments they relate to reactor safety and the power reactor facility licensees to The 75-day public comment period vulnerabilities discussed in SECY–96– prepare their licensing examinations. began when the notice of proposed 206 (i.e., quality and consistency, NEI indicated that preparing higher rulemaking was published in the independence and public perception, cognitive level questions requires Federal Register (62 FR 42426) on security, NRC resources, and examiner detailed plant knowledge, better August 7, 1997, and closed on October proficiency). The NRC received no provided by facility licensees, and that 21, 1997. The notice (FRN) requested comments related to program stability. the revised process (which has public comment on the proposed rule, One NRC examiner, NEI, four of the eliminated the use of NRC contractors to on the implementation guidance in utilities, and the utility employee also administer the operating tests) will interim Revision 8 of NUREG–1021, and provided specific comments and allow NRC staff to evaluate each on the following two questions: recommendations regarding the applicant without relying on third-party 1. Are there portions of the operator implementation guidance in interim observers. exams that are common to all licensees, Revision 8 of NUREG–1021. Those Two NRC examiners, one contract and would, therefore, be more comments are addressed in Attachment examiner, and a utility employee efficiently developed by the NRC? 1 of the Commission (SECY) paper asserted that the facility licensees’ cost 2. Is the conclusion in the regulatory associated with this rulemaking. A copy has increased under the revised examination process. They cited various analysis correct that it would be less of the SECY is available in the NRC reasons for the increased cost, including costly for each licensee to prepare its Public Document Room, on the internet training personnel to write the own initial operator examinations to be at http://www.nrc.gov, or from Siegfried examinations and then restricting them reviewed, revised, and administered by Guenther, Office of Nuclear Reactor from training the applicants, and the NRC, than to have one NRC Regulation, U.S. Nuclear Regulatory upgrading equipment to maintain contractor prepare these exams for all Commission, at 301–415–1056 or e-mail examination security. The NRC licensed operators with the costs to be at [email protected]. examiners based their comments on reimbursed by licensee fees? Comment: With regard to the first feedback from facility training The NRC received 13 comment letters specific question included in the personnel; one examiner indicated that on the proposed rule; two of the letters proposed rulemaking, 2 of the 13 it took facility licensees an average of arrived after the comment period closed, respondents (NEI and one utility) stated 700 hours to prepare each examination. but they were considered nonetheless. that all of the common material is The utility employee stated that the rule The respondents included three NRC already included in the generic change will simply transfer the cost of examiners, one contract examiner, five fundamentals examination (GFE) and contractors from the NRC to the utilities. nuclear utilities and one utility that the remaining elements are best Response: The NRC acknowledges employee, one nonpower reactor facility covered as part of the site-specific that the revised administrative criteria licensee, the State of Illinois, and the examination. in particular (e.g., the restrictions on Nuclear Energy Institute (NEI), which Response: It appears that the current which facility training personnel would submitted its comments on behalf of the allocation of topics between the GFE be allowed to write the pilot nuclear power industry. Copies of the and site-specific written examinations is examinations and the need to document public comments are available in the generally perceived to be an efficient the source of the test items) have NRC Public Document Room, 2120 L method of covering the topics required probably caused the cost of preparing Street, NW (Lower Level), Washington, by 10 CFR 55.41 and 55.43. Therefore, the examinations to be somewhat higher DC, and on the internet at ‘‘http:// the Commission finds no basis for than it would have been if facility ruleforum.llnl.gov/cgi-bin/ changing the process to have the NRC licensees had been allowed to prepare rulemake?source=OElPRULE’’. separately develop portions of the initial the examinations using the same criteria Seven of the respondents (three NRC examination that would be common to that applied to the NRC and its examiners, one contract examiner, one all facilities. contractors before starting the pilot utility employee, one nonpower facility Comment: Seven of the 13 program. However, when the NRC first licensee, and the State of Illinois) respondents (NEI, two utilities, a utility developed the revised examination recommended that the rule change be employee, and three examiners) directly process, with its additional disapproved. Five of the industry or indirectly addressed the second administrative criteria, the NRC still respondents (NEI and four utilities) specific question in their letters. NEI believed that the cost for facility supported the rule change; however, and one utility stated that the revised licensees to prepare the examinations one utility endorsed NEI’s comments examination criteria in interim Revision would be offset by the reduction in the but stated that it did not agree with the 8 of NUREG–1021 have increased the licensing fees and that a cost savings proposed rule in its present form. NEI level of effort and will result in higher could be realized as facility licensees and two of the utilities stated that they licensing fees regardless of who gained experience with the process. would rather continue with a voluntary prepares the examinations. However, Many of the facility licensees that program because it would allow greater NEI and another utility agreed that participated in the pilot program flexibility for those facility licensees comparing the cost of facility-prepared demonstrated that it is possible to with small training staffs. However, they examinations to those prepared by the prepare an acceptable quality would support mandatory participation NRC is difficult, but they concluded that examination at the same or lower cost with the rule change rather than return it should be less costly for facility than the NRC or its contractors could to the previous process under which licensees to prepare the examinations prepare a comparable examination. The

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However, the instructors asserted that the utilities’ limited acceptable examinations, eventually will still be precluded from instructing contact with the process by preparing an paid more in fees because of the the applicants once they begin working examination once every 18 to 24 months additional effort required for the NRC to on the licensing examination. This will not foster consistency or develop review, and the licensees’ staffs to change is consistent with NRC policy skilled examination writers. rewrite, the examinations. Finally, it is regarding instructor participation in Two NRC examiners asserted that the possible that the magnitude of the requalification examinations and should elimination of NRC contract examiners increase in effort and cost may be provide licensees that elect to prepare who participated in examinations across perceived to be higher than it actually their examinations with increased the four NRC regions will be detrimental is because the industry had originally flexibility in managing their resources to examination consistency. One NRC expected to save money if the NRC and possibly reduce their costs. examiner asserted that the guidance in would have allowed facility licensees to The NRC has revised the regulatory interim Revision 8 of NUREG–1021 is prepare the examinations using the analysis in response to the public not sufficiently prescriptive to ensure version of NUREG–1021 that was in comments and lessons learned from the nationwide consistency in the level of effect before beginning the pilot pilot program. The NRC has also knowledge tested and the level of program. reevaluated the additional difficulty of the examinations and that With regard to the additional security administrative criteria in interim several specific changes should be costs cited by the examiners, the Revision 8 of NUREG–1021 and included in NUREG–1021 to address his Commission has stressed the considers them reasonable and essential concerns. importance of maintaining examination to mitigate the vulnerabilities (e.g., The State of Illinois asserted that the security, but the NRC has not required quality, security, and conflict of quality and consistency of the written facility licensees to invest in additional interest) of the new examination process examination questions can be physical security systems. However, the and to facilitate the NRC staff’s review maintained because the NRC can change frequency of security incidents since of the proposed examinations. These and approve the questions before they beginning the pilot examination criteria are retained in the final version are used. However, the State also program has prompted the NRC to: (1) of Revision 8 of NUREG–1021. recommended that the NRC should clarify the intent of 10 CFR 55.49 in the The issue of cost has lost much of its compile the examination questions and final rule; (2) amend the final importance because the NRC has proctor the examinations (refer to the examination rule to require facility decided to continue the revised conflict-of-interest discussion below). licensees that elect to prepare their examination process on a voluntary According to NEI, the recent facility- examinations to establish, implement, basis rather than require each power prepared examinations were of higher and maintain procedures to control reactor facility licensee to prepare the quality than the examinations prepared examination security and integrity; and examinations. It will be up to each by the NRC before the pilot program (3) include additional security guidance facility licensee to compare the cost of started. Many of the NRC-prepared in the final version of Revision 8 of preparing its own examinations in examinations had to be revised in NUREG–1021. These actions will help accordance with the criteria in the response to the facility licensees’ ensure, among other things, that facility effective revision of NUREG–1021 with technical reviews. licensees understand their the cost of having the NRC staff prepare Response: Essentially all of the responsibility for maintaining control the examinations and then make a facility-prepared examinations required over the examination process. decision based on its available resources some changes and many required The pilot examinations demonstrated (and other considerations). significant changes to make them that some of the people assigned by Comment: Two NRC examiners with conform to the NRC’s standards for facility licensees to develop the pilot-examination experience asserted quality and level of difficulty. examinations did not have sufficient that the quality of the simulator and According to the questionnaires expertise required to prepare good walk-through tests has decreased completed by the NRC chief examiners quality examination materials consistent significantly and that, in most cases, the responsible for the pilot examinations, with NRC standards. As noted earlier, quality and difficulty of the submitted the average facility-prepared written the NRC has asked the industry to examinations have been below NRC examination required approximately 10 address the issue of examination quality standards. All four examiners who to 20 changes, which is consistent with and the need for additional training on submitted comments cited various the number of changes often required on examination development. The NRC reasons why the quality and difficulty of examinations prepared by NRC contract acknowledges that the restrictions on the facility-prepared examinations examiners. Most NRC chief examiners the use of instructors to prepare the might be lower than examinations judged the final examinations (with the licensing examinations may be partially prepared by the NRC or its contract NRC’s changes incorporated) to be responsible for limiting the availability examiners, including: (1) the facility comparable to recent NRC-prepared of qualified examination preparers. licensees’ tendency to narrow the scope examinations in terms of quality and Moreover, the NRC has concluded that of the operating test to those procedures level of difficulty. Moreover, the fact the restrictions have placed an that the facility believes are important that the passing rate on the facility- unnecessary burden on facility licensees (and emphasized in the training prepared examinations is generally with minimal benefit and, therefore, has program); and (2) the belief that most consistent with the historical passing revised the personnel restrictions in the facility training personnel do not have rate on examinations prepared by the final version of Revision 8 of NUREG– the expertise to develop valid test items. NRC suggests that the NRC-approved 1021 to allow facility instructors to Two NRC examiners asserted that the examinations have discriminated at an

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Although the NRC expected that the places training managers in a no-win Moreover, if the NRC determines that a proposed examination quality would situation because if applicants fail the facility licensee has intentionally biased improve as facility licensees gained examination, the managers look like the scope, content, or level of difficulty experience and familiarity with the poor trainers, and if the examination is of an examination (i.e., compromised its NRC’s requirements and expectations, too easy, the NRC gives them a bad integrity contrary to 10 CFR 55.49) to the overall quality of examinations report. He and another NRC examiner enhance the chances that its applicants submitted to the NRC during the asserted, based on their experience would pass the examination, the NRC transition process did not improve during the pilot examinations, that some will utilize its enforcement authority appreciably over time. Although facility personnel openly admitted that including, as warranted, civil penalties, approximately half of the 17 facility they would develop the easiest possible orders against the individuals involved, licensees that had prepared more than examination to ensure that all their and charging the individuals involved one examination by the end of FY 1997 applicants would pass. with deliberate misconduct pursuant to did maintain or improve the quality of One NRC examiner noted that the 10 CFR 50.5. their second or third examination NRC review and approval process Concerns regarding the potential for submittals, the quality of the other cannot adequately compensate for the conflict of interest and the frequency of facility licensees’ second or third conflict-of-interest problems inherent in security incidents since beginning the examinations was lower. Although it is the revised examination process and pilot examination program have unclear to what extent the problems recommended a change to interim prompted the NRC to review the clarity with proposed examination quality and Revision 8 of NUREG–1021 that would of 10 CFR 55.49. The regulation difficulty have been caused by a lack of limit the licensees’ latitude in selecting encompasses not only activities like sufficient expertise on the part of the topics for the examination outline. The cheating and lapses in security but also examination writers, the NRC has asked State of Illinois suggested that the NRC activities that compromise the integrity the industry to address this issue. should compile the questions and or validity of the examination itself (e.g., Furthermore, the NRC staff has proctor the examination to maintain noncompliance with the criteria conducted and participated in a number more of the checks and balances that designed to limit the potential for bias of public meetings and workshops in an existed under the old process. in the selection of topics to be evaluated effort to communicate its expectations The nonpower reactor facility licensee on the written examination). Therefore, to the facility employees who will be noted that most professional licensing the NRC has concluded that it would be preparing the examinations. Additional examinations are developed by beneficial to amend 10 CFR 55.49 to NRC and industry workshops will be independent agencies, and that this clarify its intent and to amend the conducted to address examination fosters a sense of professionalism in the examination rule to require power quality and solicit industry feedback. license applicants. reactor facility licensees that elect to In SECY–96–206, the NRC staff Response: The NRC agrees that the prepare their licensing examinations to discussed the issues of examination revised examination process decreases establish procedures to control quality and consistency and how they the level of independence in the examination security and integrity. might be affected when a large number licensing process and may create a Comment: Three NRC examiners and of facility employees assume the role potential conflict of interest for facility the State of Illinois asserted that the that had been filled by a smaller number personnel involved in preparing the revised examination process increases of experienced NRC and contract examination. However, the Commission the threat to examination security. One examiners. The NRC staff’s has concluded that restricting the examiner noted that the examination is comprehensive examination reviews training activities of those individuals onsite for a longer period of time, versus the examination criteria in when they become involved in thereby proportionally increasing the NUREG–1021, in combination with preparing the licensing examination, in risk of being compromised. Another supervisory reviews and the combination with the NRC’s examiner cited the fact that a number of examination oversight activities enforcement authority, will adequately examination reports have documented conducted by the Office of Nuclear mitigate the vulnerability in this area. problems with security. Reactor Regulation, should mitigate the Although the NRC has amended the Response: As discussed in SECY–96– vulnerability in this area. Moreover, the final version of Revision 8 of NUREG– 206 and SECY–97–079, the Commission industry and staff initiatives to improve 1021 to allow instructors to participate is aware of the vulnerability in this area the expertise of the examination writers in the examination development because several security incidents have should eventually enhance the quality regardless of their involvement in occurred since beginning the pilot and consistency of the facility-prepared training the license applicants (as examination program. Therefore, based examinations. discussed above in response to on the comments received and the Comment: All four examiners who comments concerning the industry experience with security incidents, the submitted comments, a nonpower burden under the revised examination NRC has: (1) clarified 10 CFR 55.49 in reactor facility licensee, and the State of process), the NRC has also amended the final rule to ensure that applicants, Illinois asserted that allowing the NUREG–1021 to include an expectation licensees, and facility licensees facility licensees to prepare the operator that facility licensees will use an understand the scope and intent of the licensing examinations decreases the objective, systematic process for regulation; (2) amended the final level of independence and creates a preparing the written examination examination rule to require facility conflict of interest for facility personnel outlines. This process enhancement licensees that elect to prepare their having responsibility for training and should limit the potential for bias in the licensing examinations to establish, licensing the operators. Their letters selection of topics to be evaluated on implement, and maintain procedures to maintained that the new process makes the written examination. control examination security and it possible for the utilities to ‘‘teach the The NRC will continue to monitor the integrity; (3) strengthened the examination,’’ to test applicants only on facility licensees’ examination discussion of examination security in

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NRC examiners are expected to filled out by NRC chief examiners for knowledge and difficulty. NRC review the NRC’s physical security the pilot examinations indicate that the examiners will also continue to guidelines and the facility licensee’s average amount of time spent on independently administer and grade specific plans for ensuring examination reviewing and upgrading the both the dynamic simulator and the security at the time the examination examinations is generally consistent plant walk-through portions of the arrangements are confirmed with the with the estimates developed before operating tests. Because NRC examiners designated facility contact. Furthermore, starting the pilot program (i.e., will be administering all of the the NRC has issued an Information approximately 170 examiner-hours). As operating tests, the Commission believes Notice to advise power reactor facility noted in SECY–97–079, the NRC has that the revised process will enable the licensees of the NRC’s perspective and issued a memorandum to its regional examiners to accrue more experience in expectations regarding the integrity of administrators emphasizing the a shorter period of time and to maintain examinations developed by the facility importance of: (1) Assigning adequate their proficiency. New NRC license licensees’ employees and resources to carry out the operator examiners will still be required to representatives, and it has asked NEI to licensing task; (2) completing a review complete a standardized training take the initiative in developing a model of every facility-prepared examination; program, including the development of for securing examinations. and (3) not administering any a written examination and operating As a separate action, the NRC will not examination that fails to meet NRC test, as part of their qualification administer any examination that may standards for quality and level of process. Moreover, the NRC will ensure have been compromised until the scope difficulty. Furthermore, all the time that that the in-house capability to prepare of the potential compromise is NRC examiners spend reviewing an the examinations is maintained by: (1) determined and measures can be taken examination and modifying it so that it Requiring a regional supervisor to to address the integrity and validity of meets NRC standards is ultimately review and approve every examination the examination. If the compromise is billed to the facility licensee. and the Office of Nuclear Reactor discovered after the examination has The Commission acknowledges that Regulation to conduct periodic been administered, the NRC will not facility licensees bear the cost of examination reviews; (2) conducting complete the licensing action for the preparing the licensing examinations examiner refresher training; and (3) affected applicants until the staff can whether or not the NRC performs this convening an operator licensing make a determination regarding the function. However, this rule will give examiners’ training conference at impact that the compromise has had on facility licensees more control over the intervals not to exceed 24 months. the examination process. If the cost of licensing operators at their Although experience during the compromise is not discovered until after facility, and the pilot examination voluntary pilot program and informal the licensing action is complete, the program has demonstrated that some feedback from the industry suggests that NRC will reevaluate the licensing facility licensees will save resources if facility licensees are likely to request decision pursuant to 10 CFR 55.61(b)(2) they elect to prepare their own licensing the NRC to prepare a sufficient number if it determines that the original examinations. of examinations to maintain the licensing decision was based on an The NRC’s budget cuts have proficiency of its examiners, each region invalid examination. necessitated agencywide downsizing, Comment: One NRC examiner which can be expected to increase the will be required to write at least one disagreed with the conclusion in the burden of travel for many NRC initial operator licensing examination proposed rulemaking that the facility- employees, not just the operator per calendar year. prepared examination process is an licensing examiners. The number of Comment: A utility employee asserted efficient use of NRC resources when NRC full-time equivalent (FTE) license that the revised examination process compared to the NRC-prepared or examiners has remained essentially will not enhance the competency of the contractor-prepared examinations. He constant throughout the pilot program operators or reactor safety because the noted that, in most cases, the quality and, aside from normal attrition and facilities’ training resources will be and difficulty of the proposed staff turnover, the loss of certified diverted from their primary purpose examinations have been below NRC examiners has been limited to NRC (i.e., training the applicants) as much as standards (as discussed above) and that contractors. six months before the examination date. it has taken a significant effort on the Comment: Two NRC examiners Three NRC examiners also took issue part of the NRC chief examiner to expressed concern that examiner with the conclusion in the proposed achieve an acceptable product. proficiency will decrease as a result of rulemaking that the NRC staff’s focus on An NRC contract examiner asserted implementing the revised examination operator performance and its core of that NRC cost-saving is a poor reason for process. One of the examiners stated experience will improve under the pilot changing the rule, since the utilities pay that examination reviewers will not examination process because for the examinations anyway. He noted maintain the same base of knowledge as contractors will no longer be used to that the pilot examination process has examination writers maintained and administer the operating tests. Two of led to a loss of certified examiners and that they will lose their familiarity with the examiners asserted that the contends that those NRC examiners who plant operating procedures. reduction in the amount of procedural are left will become more dissatisfied Response: The Commission has research by examiners will result in the with their jobs and will leave because concluded that the revised examination identification and correction of fewer they will be required to travel more to process affords sufficient NRC staff procedural problems. Two of the compensate for the loss of contractors. involvement that NRC examiners will examiners also stated that the contract

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19876 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations examiners help maintain examination be fewer under the revised method, NRC mailed to each facility licensee; in consistency across the NRC regions and examiners will still be expected to accordance with NRC practice, revisions that their contribution to the operator review and identify discrepancies in the of NUREG–1021 are announced in the licensing program goes beyond simple procedures that will be exercised during Federal Register when they are issued task completion. the walk-through portion of the and become effective six months after Response: The Commission expects operating test and during the simulator the date of issuance. Copies may be that those training departments that scenarios. inspected and/or copied for a fee at the cannot readily and safely absorb the NRC’s Public Document Room, 2120 L Other Comments examination development work will use Street NW (Lower Level), Washington, the funds that they were previously Since beginning the pilot examination DC. Final Revision 8 of NUREG–1021 is paying to the NRC through the fee program, the NRC has sought to obtain also electronically available for recovery program to secure the up-to-date insights regarding the downloading from the internet at ‘‘http:/ additional personnel to do the extra effectiveness of the revised examination /www.nrc.gov.’’ work or request the NRC to prepare the process based on the staff’s growing The NRC will prepare, administer, examinations. If a facility licensee body of experience in reviewing the and grade initial operator licensing decides to prepare the examination and, facility-prepared examinations. Many of examinations when requested by facility as a result, places insufficient resources the staff comments received have licensees and at least four times a year on either training or testing, the quality paralleled the public comments and to maintain the proficiency of its of its proposed licensing examinations require no further attention in this examiners. NRC examiners will use the or the passing rate on those notice. However, one recommendation criteria in the effective version of examinations would most likely suffer. to amend the wording of the proposed NUREG–1021 to evaluate whether an Although many of the facility-prepared regulation is considered worthy of applicant meets the Commission’s examinations have required significant discussion and incorporation. regulations. In this regard, NUREG–1021 changes to achieve NRC quality Specifically, it was recommended that is comparable to the Standard Review standards, the examination results, to the rule should indicate that a key Plan (SRP), which establishes the date, are generally consistent with the manager would be responsible for criteria that the NRC uses to evaluate results on previous NRC-prepared submitting the examination because that Part 50 license applications. Licensees examinations, suggesting that the individual would be in a position to that elect to prepare their own licensing quality of the facility licensees’ training ensure that the facility licensee’s examinations will also be required to programs has not been affected. operations and training departments use the guidance in the effective version Therefore, the fact that facility licensees apply sufficient resources to prepare a of NUREG–1021. As provided in will have the option of preparing the quality examination. The NRC finds that NUREG–1021, licensees may identify examinations is not expected to have a the recommendation is consistent with differences from the NUREG–1021 negative effect on reactor safety. normal NRC practice and the analogous examination criteria and evaluate how The NRC acknowledges that the regulatory requirement in § 55.31(a)(3), the proposed alternatives provide an contract examiners identified which requires ‘‘* * * an authorized acceptable method of complying with procedural and training problems in representative of the facility licensee by the Commission’s regulations. The NRC addition to their primary responsibility which the applicant will be employed staff will review any proposed for preparing and administering the ** *’’ to submit a written request that alternatives and make a decision licensing examinations, and that they examinations be administered to the regarding their acceptability. The NRC helped maintain examination applicant. Therefore, the wording of the will not approve any alternative that consistency by working on final examination rule has been would compromise its statutory examinations in each of the NRC’s amended to require an authorized responsibility of prescribing uniform regions. As noted in connection with representative of the facility licensee to conditions for the operator licensing the discussion of examination quality, approve the written examinations and examinations. the Commission realizes that the revised operating tests before they are submitted examination process increases the to the NRC for review and approval. Final Rule possibility of inconsistency, but it This regulation adds a new section, Availability of Guidance Document for believes that the examination criteria in § 55.40, ‘‘Implementation,’’ to Subpart E Preparing Operator Licensing the final version of Revision 8 of of 10 CFR Part 55. Paragraph (a) of Examinations NUREG–1021, in combination with the § 55.40 states the NRC’s intent to use the NRC’s examination oversight programs, As a consequence of preparing and criteria in the version of NUREG–1021, will minimize these inconsistencies so administering the initial operator ‘‘Operator Licensing Examination that they remain within acceptable licensing examinations over a number of Standards for Power Reactors,’’ in effect limits. years, the NRC has developed a six months before the examination date When the NRC initiated the pilot substantial body of guidance to aid its when preparing and evaluating the program, its goal was to eliminate the examiners. That guidance has been written examinations required by need for NRC contract examiners published in various versions of §§ 55.41 and 55.43, and the operating without compromising the existing NUREG–1021, the latest version of tests required by § 55.45. The NRC uses levels of reactor safety. Because NRC which (final Revision 8) incorporates the criteria in NUREG–1021 to evaluate examiners will be administering all of lessons learned since interim Revision 8 whether an applicant meets the the operating tests, the revised process was published in February 1997, as well Commission’s regulations. In this will enable the NRC examiners to accrue as refinements prompted by the regard, NUREG–1021 is comparable to more experience in a shorter period of comments submitted in response to the the Standard Review Plan, which time and may improve the consistency FRN of August 7, 1997 (62 FR 42426), establishes the criteria that the NRC of the operating test evaluations and the which solicited public comments in uses to evaluate Part 50 license licensing decisions. Although the total conjunction with the proposed applications. Pursuant to Section 107 of number of procedures reviewed in the rulemaking. A copy of the final version the AEA of 1954, as amended, the NRC process of developing examinations may of Revision 8 of NUREG–1021 will be must prescribe uniform conditions for

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19877 licensing individuals applying for evaluations during the dynamic maintaining the data needed, and operator licenses. simulator or the walk-through tests. completing and reviewing the collection Based on the success of the pilot Pursuant to the requirements in of information (i.e., preparing the examination program, paragraph (b) of § 55.40(c), the NRC staff will prepare the examinations). The additional, one-time § 55.40 allows power reactor facility licensing examinations and tests upon burden for power reactor facility licensees to prepare, proctor, and grade written request by a power reactor licensees that elect to prepare their the written examinations required by facility licensee in accordance with licensing examinations to establish §§ 55.41 and 55.43 and to prepare the § 55.31(a)(3). In addition, the NRC may procedures to prevent the examinations operating tests required by § 55.45, exercise its discretion to reject a power from being compromised is not subject to the following conditions: reactor facility licensee’s determination expected to exceed 100 hours per (1) To ensure uniformity pursuant to to prepare the required written facility; and the burden of maintaining the AEA, the facility licensee shall examinations and operating tests, and to those procedures is estimated at prepare the examinations and tests in proctor and grade the written accordance with NUREG–1021; examinations. The NRC will then approximately 10 hours per facility per (2) To minimize the possibility that prepare, proctor, and grade the written year. Send comments on any aspect of the required written examinations and examinations and prepare the operating this collection of information, including operating tests might be compromised, tests for the facility licensee. This suggestions for reducing the burden, to the facility licensee shall establish, provision of the regulation allows the the Information and Records implement, and maintain procedures to NRC to maintain its proficiency and to Management Branch (T–6F33), U.S. control the security and integrity of the perform these activities if the NRC Nuclear Regulatory Commission, examinations and tests; questions a licensee’s ability to prepare Washington, DC 20555–0001, or by (3) To ensure that the facility an acceptable examination. internet electronic mail to [email protected], licensee’s operations and training Paragraph (d) of § 55.40 reasserts that and to the Desk Officer, Office of departments apply sufficient resources the NRC will continue to prepare and Information and Regulatory Affairs, to prepare a quality examination, an administer the written examinations NEOB–10202, (3150–0101), Office of authorized representative of the facility and operating tests for non-power Management and Budget, Washington, licensee shall approve the examinations reactor facility licensees. The NRC has DC 20503. before they are submitted to the NRC for taken this position because the non- review and approval; and power reactor community does not have Public Protection Notification (4) To ensure that NRC standards for an accreditation process for training and quality are maintained, the facility The NRC may not conduct or sponsor, qualification or the resources to prepare and a person is not required to respond licensee must receive Commission the examinations. approval of its proposed written to, a collection of information unless it This regulation also amends § 55.49 displays a currently valid OMB control examinations and operating tests before because the NRC has determined, since number. they are given. the proposed rule was published, that These requirements are contained in applicants, licensees, and facility Regulatory Analysis §§ 55.40(b)(1), (2), (3), and (4) licensees may be interpreting § 55.49 too respectively. narrowly by limiting it to actual cases of The Commission has prepared a As provided in NUREG–1021, cheating. The amendment clarifies that regulatory analysis on this regulation. licensees may identify differences from the regulation pertains to all activities The analysis examines the costs and the NUREG–1021 examination criteria that could affect the equitable and benefits of the alternatives considered and evaluate how the proposed consistent administration of the by the Commission. The regulatory alternatives provide an acceptable examination, including activities before, analysis is available for inspection in method of compliance with NRC during, and after the examination is the NRC Public Document Room, 2120 regulations. The NRC staff will review administered. L Street NW (Lower Level), Washington, any proposed alternatives and make a DC. Single copies of the analysis may be Environmental Impact: Categorical decision regarding their acceptability. obtained from Siegfried Guenther, Exclusion However, the NRC will not approve any Office of Nuclear Reactor Regulation, alternative that would compromise its The NRC has determined that this U.S. Nuclear Regulatory Commission, at statutory responsibility of prescribing rule is the type of action described as a 301–415–1056 or by e-mail at uniform conditions for the operator categorical exclusion in 10 CFR [email protected]. licensing examinations. The NRC staff 51.22(c)(1). Therefore, neither an will review the facility-prepared written environmental impact statement nor an Regulatory Flexibility Certification examinations and operating tests against environmental assessment has been In accordance with the Regulatory the criteria in NUREG–1021 and direct prepared for this regulation. whatever changes are necessary to Flexibility Act of 1980, (5 U.S.C. ensure that adequate levels of quality, Paperwork Reduction Act Statement 605(b)), the Commission certifies that difficulty, and consistency are This final rule amends information this rule does not have a significant maintained. After the NRC staff reviews collection requirements that are subject economic impact on a substantial and approves a written examination, the to the Paperwork Reduction Act of 1995 number of small entities. This rule facility licensee will proctor and grade (44 U.S.C. 3501 et seq). These were affects only the licensing and operation the examination consistent with the approved by the Office of Management of nuclear power plants. The companies guidance in NUREG–1021. The NRC and Budget (OMB), approval number that own these plants do not fall within staff will continue to independently 3150–0101. The additional public the scope of the definition of ‘‘small administer and grade the operating tests, reporting burden for this collection of entities’’ described in the Regulatory review and approve the written information is estimated to average 500 Flexibility Act or the Small Business examination results, and make the final hours per response, including the time Size Standards stated in regulations licensing decisions. The facility licensee for reviewing instructions, searching issued by the Small Business will not conduct parallel operator existing data sources, gathering and Administration at 13 CFR part 121.

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Small Business Regulatory Enforcement PART 55ÐOPERATORS' LICENSES implement, and maintain procedures to Fairness Act control examination security and 1. The authority citation for Part 55 integrity; In accordance with the Small continues to read as follows: Business Regulatory Enforcement (3) An authorized representative of Fairness Act of 1996, the NRC has Authority: Secs. 107, 161, 182, 68 Stat. the power reactor facility licensee shall determined that this action is not a 939, 948, 953 , as amended, sec. 234, 83 Stat. approve the required examinations and 444, as amended (42 U.S.C. 2137, 2201, 2232, major rule and has verified this tests before they are submitted to the 2282); secs. 201, as amended, 202, 88 Stat. determination with the Office of Commission for review and approval; 1242, as amended, 1244 (42 U.S.C. 5841, and Information and Regulatory Affairs of 5842). OMB. Sections 55.41, 55.43, 55.45, and 55.59 also (4) Power reactor facility licensees must receive Commission approval of Backfit Analysis issued under sec. 306, Pub. L. 97–425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 their proposed written examinations In the proposed rule, the NRC took also issued under secs. 186, 187, 68 Stat. 955 and operating tests. the position that the backfit rule (10 (42 U.S.C. 2236, 2237). (c) In lieu of paragraph (b) of this CFR 50.109) did not apply because the 2. In § 55.8, paragraph (c)(4) is revised section and upon written request from proposed shift in responsibility for to read as follows: a power reactor facility licensee preparing the examinations: (1) Would pursuant to § 55.31(a)(3), the not constitute a ‘‘modification of the § 55.8 Information collection Commission shall, for that facility procedures required to operate a requirements; OMB approval licensee, prepare, proctor, and grade, facility’’ within the scope of the backfit * * * * * the written examinations required by rule; (2) would not have affected the (4) In §§ 55.40, 55.41, 55.43, 55.45, §§ 55.41 and 55.43 and the operating basic procedures for qualifying licensed and 55.59, clearance is approved under tests required by § 55.45. In addition, operators; and (3) would not have control number 3150–0101. the Commission may exercise its required facility licensees to alter their * * * * * discretion and reject a power reactor organizational structures. However, 3. A new § 55.40 is added to read as facility licensee’s determination to elect upon further review, the NRC has follows: paragraph (b) of this section, in which concluded that there is insufficient basis case the Commission shall prepare, to support the original position. § 55.40 Implementation. proctor, and grade the required written Therefore, the NRC has decided to (a) The Commission shall use the examinations and operating tests for revise the final rule so that power criteria in NUREG–1021, ‘‘Operator that facility licensee. reactor facility licensees may elect to Licensing Examination Standards for (d) The Commission shall prepare, prepare their written examinations and Power Reactors,’’ 1 in effect six months proctor, and grade the written operating tests (and proctor and grade before the examination date to prepare examinations required by §§ 55.41 and the written examinations) in accordance the written examinations required by 55.43 and the operating tests required with NUREG–1021 or to have the NRC §§ 55.41 and 55.43 and the operating by § 55.45 for non-power reactor facility prepare the examinations. Eliminating tests required by § 55.45. The licensees. the requirement for all facility licensees Commission shall also use the criteria in 4. Section 55.49 is revised to read as to prepare their examinations and tests NUREG–1021 to evaluate the written follows: obviates the need for a backfit analysis. examinations and operating tests § 55.49 Integrity of examinations and tests. Enforcement Policy prepared by power reactor facility licensees pursuant to paragraph (b) of Applicants, licensees, and facility In conjunction with this final rule, the this section. licensees shall not engage in any Commission is separately publishing (b) Power reactor facility licensees activity that compromises the integrity modifications to NUREG–1600, may prepare, proctor, and grade the of any application, test, or examination ‘‘General Statement of Policy and written examinations required by required by this part. The integrity of a Procedure for NRC Enforcement §§ 55.41 and 55.43 and may prepare the test or examination is considered Actions,’’ to address enforcement action operating tests required by § 55.45, compromised if any activity, regardless against parties subject to the subject to the following conditions: of intent, affected, or, but for detection, requirements in 10 CFR 55.49 (i.e., Part (1) Power reactor facility licensees would have affected the equitable and 55 license applicants/licensees and Part shall prepare the required examinations consistent administration of the test or 50 licensees). and tests in accordance with the criteria examination. This includes activities List of Subjects in 10 CFR Part 55 in NUREG–1021 as described in related to the preparation and paragraph (a) of this section; certification of license applications and Criminal penalties, Manpower all activities related to the preparation, training programs, Nuclear power plants (2) Pursuant to § 55.49, power reactor facility licensees shall establish, administration, and grading of the tests and reactors, Reporting and and examinations required by this part. recordkeeping requirements. 1 Copies of NUREGs may be purchased from the Dated at Rockville, Maryland, this 19th day For the reasons given in the preamble Superintendent of Documents, U.S. Government of April, 1999. and under the authority of the Atomic Printing Office, P.O. Box 38082, Washington, DC Energy Act of 1954, as amended; the 20402–9328. Copies are also available from the For the Nuclear Regulatory Commission. Energy Reorganization Act of 1974, as National Technical Information Service, 5285 Port Annette Vietti-Cook, Royal Road, Springfield, VA 22161. A copy is Secretary of the Commission. amended; and 5 U.S.C. 552 and 553; the available for inspection and/or copying in the NRC NRC adopts the following amendments Public Document Room, 2120 L Street, NW (Lower [FR Doc. 99–10190 Filed 4–22–99; 8:45 am] to 10 CFR part 55. Level), Washington, D.C. BILLING CODE 7590±01±P

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DEPARTMENT OF TRANSPORTATION on an airplane with 28,000 total flight Determination of Rule’s Effective Date cycles. Investigation revealed 43 Since a situation exists that requires Federal Aviation Administration fasteners installed in improperly drilled the immediate adoption of this holes at the web-to-‘‘Y’’ chord 14 CFR Part 39 regulation, it is found that notice and attachment in the area of the 11-inch opportunity for prior public comment [Docket No. 98±NM±337±AD; Amendment crack. Such fatigue cracking, if not hereon are impracticable, and that good 39±11132; AD 99±08±23] detected and corrected, could result in cause exists for making this amendment RIN 2120±AA64 rapid decompression of the fuselage. effective in less than 30 days. Comments Invited Airworthiness Directives; Boeing Explanation of the Requirements of the Model 737±100, ±200, ±200C, ±300, Rule Although this action is in the form of a final rule that involves requirements ±400, and ±500 Series Airplanes Since an unsafe condition has been affecting flight safety and, thus, was not identified that is likely to exist or AGENCY: Federal Aviation preceded by notice and an opportunity Administration, DOT. develop on other airplanes of the same for public comment, comments are ACTION: Final rule; request for type design, this AD is being issued to invited on this rule. Interested persons comments. detect and correct fatigue cracking at are invited to comment on this rule by certain fastener holes of the aft pressure submitting such written data, views, or SUMMARY: This amendment adopts a bulkhead, which could result in rapid arguments as they may desire. new airworthiness directive (AD) that is decompression of the fuselage. This AD Communications shall identify the applicable to all Boeing Model 737–100, requires repetitive inspections of the Rules Docket number and be submitted –200, –200C, –300, –400, and –500 web of the aft pressure bulkhead at body in triplicate to the address specified series airplanes. This action requires station 1016 at the aft fastener row under the caption ADDRESSES. All repetitive inspections to detect cracking attachment to the ‘‘Y’’ chord, and communications received on or before in the web of the aft pressure bulkhead corrective actions, if necessary. For the closing date for comments will be at body station 1016 at the aft fastener compliance with this inspection considered, and this rule may be row attachment to the ‘‘Y’’ chord; and requirement, operators may perform amended in light of the comments corrective actions, if necessary. This either a low frequency eddy current received. Factual information that amendment is prompted by several (LFEC) inspection from the aft side of supports the commenter’s ideas and reports of fatigue cracking found at that the bulkhead or a detailed visual suggestions is extremely helpful in location on Model 737 series airplanes. inspection from the forward side of the evaluating the effectiveness of the AD The actions specified in this AD are bulkhead. Corrective actions include a action and determining whether intended to detect and correct such high frequency eddy current inspection additional rulemaking action would be fatigue cracking, which could result in to detect cracking of the web at the ‘‘Y’’ needed. rapid decompression of the fuselage. chord attachment; a detailed visual Comments are specifically invited on DATES: Effective May 10, 1999. inspection of the bulkhead, if necessary; the overall regulatory, economic, The incorporation by reference of and repair in accordance with a method environmental, and energy aspects of certain publications listed in the approved by the FAA. the rule that might suggest a need to regulations is approved by the Director modify the rule. All comments of the Federal Register as of May 10, Differences Between AD and Relevant submitted will be available, both before 1999. Service Information and after the closing date for comments, Comments for inclusion in the Rules in the Rules Docket for examination by Docket must be received on or before This AD refers to Boeing 737 interested persons. A report that June 22, 1999. Nondestructive Test (NDT) Manual D6– summarizes each FAA-public contact ADDRESSES: Submit comments in 37239, Part 6, Subject 53–10–54, as the concerned with the substance of this AD triplicate to the Federal Aviation appropriate source of service will be filed in the Rules Docket. Administration (FAA), Transport information for accomplishment of the Commenters wishing the FAA to Airplane Directorate, ANM–114, LFEC inspection. Operators should note acknowledge receipt of their comments Attention: Rules Docket No. 98–NM– that, unlike the procedures described in submitted in response to this rule must 337–AD, 1601 Lind Avenue, SW., the NDT manual, which specifies that submit a self-addressed, stamped Renton, Washington 98055–4056. the web be inspected only from stringer postcard on which the following statement is made: ‘‘Comments to FOR FURTHER INFORMATION CONTACT: 9 left to stringer 9 right, this AD Docket Number 98–NM–337–AD.’’ The Nenita Odesa, Aerospace Engineer, expands the area to be inspected. Because of the safety implications and postcard will be date stamped and Airframe Branch, ANM–120S, FAA, returned to the commenter. Transport Airplane Directorate, Seattle consequences associated with fatigue Aircraft Certification Office, 1601 Lind cracking and because of the unknown Regulatory Impact nature of the source of the subject Avenue, SW., Renton, Washington The regulations adopted herein will cracking, the FAA has determined that 98055–4056; telephone (425) 227–2557; not have substantial direct effects on the an LFEC inspection, if accomplished, fax (425) 227–1181. States, on the relationship between the must be performed from stringer 15 left SUPPLEMENTARY INFORMATION: The FAA national government and the States, or has received reports of fatigue cracking to stringer 15 right of the upper section on the distribution of power and found on Boeing Model 737–200 series of the bulkhead at body station 1016. responsibilities among the various airplanes in the web of the aft pressure Interim Action levels of government. Therefore, in bulkhead at body station 1016 at the aft accordance with Executive Order 12612, fastener row attachment to the ‘‘Y’’ This is considered to be interim it is determined that this final rule does chord. An 11-inch crack was found on action until final action is identified, at not have sufficient federalism an airplane with 40,000 total flight which time the FAA may consider implications to warrant the preparation cycles, and a 3.5-inch crack was found further rulemaking. of a Federalism Assessment.

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The FAA has determined that this the effect of the modification, alteration, or further flight, accomplish the actions regulation is an emergency regulation repair on the unsafe condition addressed by specified by paragraphs (d)(1) and (d)(3), and that must be issued immediately to this AD; and, if the unsafe condition has not paragraph (d)(2) if applicable, of this AD. correct an unsafe condition in aircraft, been eliminated, the request should include (1) Perform a high frequency eddy current specific proposed actions to address it. and that it is not a ‘‘significant inspection from the forward side of the regulatory action’’ under Executive Compliance: Required as indicated, unless bulkhead to detect cracking of the web at the accomplished previously. ‘‘Y’’ chord attachment, around the entire Order 12866. It has been determined To detect and correct fatigue cracking at further that this action involves an periphery of the ‘‘Y’’ chord, in accordance certain fastener holes of the aft pressure with Boeing 737 Nondestructive Test Manual emergency regulation under DOT bulkhead, which could result in rapid D6–37239, Part 6, Section 51–00–00, Figure Regulatory Policies and Procedures (44 decompresssion of the fuselage, accomplish 23, dated November 5, 1997. FR 11034, February 26, 1979). If it is the following: (2) If the most recent inspection performed determined that this emergency Initial Inspection in accordance with paragraph (a) of this AD regulation otherwise would be was not a detailed visual inspection: significant under DOT Regulatory (a) Perform either inspection specified by paragraph (a)(1) or (a)(2) of this AD at the Accomplish the actions specified by Policies and Procedures, a final time specified in paragraph (b) of this AD. paragraph (a)(2) of this AD. If the inspection regulatory evaluation will be prepared (1) Perform a low frequency eddy current was a detailed visual inspection, it is not and placed in the Rules Docket. A copy inspection from the aft side of the aft necessary to repeat that inspection prior to of it, if filed, may be obtained from the pressure bulkhead to detect discrepancies further flight. Rules Docket at the location provided (including cracking, misdrilled fastener (3) Repair any discrepancy such as under the caption ADDRESSES. holes, and corrosion) of the web of the upper cracking or corrosion or misdrilled fastener section of the aft pressure bulkhead at body holes in accordance with a method approved List of Subjects in 14 CFR Part 39 station 1016 at the aft fastener row by the Manager, Seattle Aircraft Certification Air transportation, Aircraft, Aviation attachment to the ‘‘Y’’ chord, from stringer 15 Office (ACO), FAA, Transport Airplane safety, Incorporation by reference, left to stringer 15 right, in accordance with Directorate; or in accordance with data Boeing 737 Nondestructive Test Manual D6– Safety. meeting the type certification basis of the 37239, Part 6, Section 53–10–54, dated airplane approved by a Boeing Company Adoption of the Amendment December 5, 1998. Designated Engineering Representative who (2) Perform a detailed visual inspection of has been authorized by the Manager, Seattle Accordingly, pursuant to the the aft fastener row attachment to the ‘‘Y’’ ACO, to make such findings. authority delegated to me by the chord from the forward side of the aft Administrator, the Federal Aviation pressure bulkhead to detect discrepancies Alternative Methods of Compliance (including cracking, misdrilled fastener Administration amends part 39 of the (e) An alternative method of compliance or holes, and corrosion) of the entire web of the Federal Aviation Regulations (14 CFR adjustment of the compliance time that part 39) as follows: aft pressure bulkhead at body station 1016. (b) Perform the inspection required by provides an acceptable level of safety may be paragraph (a) of this AD at the time specified used if approved by the Manager, Seattle PART 39ÐAIRWORTHINESS ACO. Operators shall submit their requests DIRECTIVES by paragraph (b)(1), (b)(2), or (b)(3) of this AD, as applicable. through an appropriate FAA Principal 1. The authority citation for part 39 (1) For airplanes that have accumulated Maintenance Inspector, who may add comments and then send it to the Manager, continues to read as follows: 40,000 or more total flight cycles as of the effective date of this AD: Inspect within 375 Seattle ACO. Authority: 49 U.S.C. 106(g), 40113, 44701. flight cycles or 60 days after the effective date Note 2: Information concerning the of this AD, whichever occurs later. § 39.13 [Amended] existence of approved alternative methods of (2) For airplanes that have accumulated compliance with this AD, if any, may be 2. Section 39.13 is amended by 25,000 or more total flight cycles and fewer obtained from the Seattle ACO. adding the following new airworthiness than 40,000 total flight cycles as of the directive: effective date of this AD: Inspect within 750 Special Flight Permits flight cycles or 90 days after the effective date 99–08–23 Boeing: Amendment 39–11132. (f) Special flight permits may be issued in of this AD, whichever occurs later. Docket 98–NM–337–AD. accordance with §§ 21.197 and 21.199 of the (3) For airplanes that have accumulated Federal Aviation Regulations (14 CFR 21.197 Applicability: All Model 737–100, –200, fewer than 25,000 total flight cycles as of the –200C, –300, –400, and –500 series airplanes; and 21.199) to operate the airplane to a effective date of this AD: Inspect prior to the location where the requirements of this AD certificated in any category. accumulation of 25,750 total flight cycles. can be accomplished. Note 1: This AD applies to each airplane Repetitive Inspections identified in the preceding applicability Incorporation by Reference provision, regardless of whether it has been (c) Within 1,200 flight cycles after (g) The eddy current inspections shall be modified, altered, or repaired in the area performing the initial inspection required by subject to the requirements of this AD. For paragraph (a) of this AD, and thereafter at done in accordance with Boeing 737 airplanes that have been modified, altered, or intervals not to exceed 1,200 flight cycles: Nondestructive Test Manual D6–37239, Part repaired so that the performance of the Perform either inspection specified by 6, Section 53–10–54, dated December 5, requirements of this AD is affected, the paragraph (a)(1) or (a)(2) of this AD. 1998; or Boeing 737 Nondestructive Test owner/operator must request approval for an Manual D6–37239, Part 6, Section 51–00–00, alternative method of compliance in Corrective Actions Figure 23, dated November 5, 1995; as accordance with paragraph (e) of this AD. (d) If any discrepancy is detected during applicable. These references contain the The request should include an assessment of any inspection required by this AD: Prior to specified list of effective pages:

Revision level Date shown on Page No. shown on page page

Title Page ...... Not Shown ...... February 5, 1995. List of Effective PagesÐPages 1, 6±12 ...... Not Shown ...... December 5, 1998. List of Effective PagesÐPage 2 ...... Not Shown ...... August 5, 1998. List of Effective PagesÐPages 2A, 3 ...... Not Shown ...... November 5, 1997. List of Effective PagesÐPage 4 ...... Not Shown ...... November 5, 1995.

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Revision level Date shown on Page No. shown on page page

List of Effective PagesÐPage 5 ...... Not Shown ...... May 5, 1997.

This incorporation by reference was The incorporation by reference of kept the FAA informed of the situation approved by the Director of the Federal certain publications listed in the described above. The FAA has Register in accordance with 5 U.S.C. 552(a) regulations is approved by the Director examined the findings of the DGAC, and 1 CFR part 51. Copies may be obtained of the Federal Register as of May 10, reviewed all available information, and from Boeing Commercial Airplane Group, determined that AD action is necessary P.O. Box 3707, Seattle, Washington 98124– 1999. 2207. Copies may be inspected at the FAA, Comments for inclusion in the Rules for products of this type design that are Transport Airplane Directorate, 1601 Lind Docket must be received on or before certificated for operation in the United Avenue, SW., Renton, Washington; or at the June 22, 1999. States. Office of the Federal Register, 800 North ADDRESSES: Submit comments in The FAA estimates that 507 Capitol Street, NW., suite 700, Washington, triplicate to the Federal Aviation helicopters will be affected by this AD, DC. Administration (FAA), Office of the that it will take approximately 1 work (h) This amendment becomes effective on Regional Counsel, Southwest Region, hour to accomplish the inspection, and May 10, 1999. . Attention: Rules Docket No. 98–SW–44– 4 work hours to replace a bearing, if Issued in Renton, Washington, on April 9, AD, 2601 Meacham Blvd., Room 663, required, and that the average labor rate 1999. Fort Worth, Texas 76137. is $60 per work hour. Required parts Darrell M. Pederson, FOR FURTHER INFORMATION CONTACT: will cost approximately $60 per Acting Manager, Transport Airplane Shep Blackman, Aerospace Engineer, helicopter. Based on these figures, the Directorate, Aircraft Certification Service. FAA, Rotorcraft Directorate, Rotorcraft total cost impact of the AD on U.S. [FR Doc. 99–9739 Filed 4–22–99; 8:45 am] Standards Staff, 2601 Meacham Blvd., operators is estimated to be $182,520 to inspect and replace one bearing in each BILLING CODE 4910±13±P Fort Worth, Texas 76137, telephone helicopter in the fleet. (817) 222–5296, fax (817) 222–5961. Since an unsafe condition has been DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The identified that is likely to exist or Direction Generale De L’Aviation Civile develop on other Eurocopter France Federal Aviation Administration (DGAC), which is the airworthiness Model AS–350B, B1, B2, B3, BA, and D authority for France, recently notified helicopters, and Model AS 355E, F, F1, 14 CFR Part 39 the FAA that an unsafe condition may F2 and N helicopters of the same type exist on Eurocopter France Model AS– design registered in the United States, [Docket No. 98±SW±44±AD; Amendment 350B, B1, B2, B3, BA, and D helicopters, 39±11139; AD 99±09±06] this AD is being issued to prevent and Model AS 355E, F, F1, F2 and N seizure of the bearing, loss of tail rotor RIN 2120±AA64 helicopters. The DGAC advises that a control, and subsequent loss of control one-time measurement of bearing of the helicopter. This AD requires, Airworthiness Directives; Eurocopter rotational torque and repetitive within 50 hours TIS, measuring the France Model AS±350B, B1, B2, B3, inspections of the bearing for axial play, bearing rotational torque, and thereafter BA, and D Helicopters, and Model AS binding, or brinelling is necessary to at intervals not to exceed 100 hours TIS, 355E, F, F1, F2 and N Helicopters prevent seizure of the bearing and loss inspecting the bearing for axial play, of control of the helicopter. binding, or brinelling. The short AGENCY: Federal Aviation Eurocopter France has issued compliance time involved is required Administration, DOT. Eurocopter AS 350 Service Bulletin (SB) because the previously described ACTION: Final rule; request for No. 05.00.29, applicable to Model AS– critical unsafe condition can adversely comments. 350 helicopters, and SB No. 05.00.30, affect the controllability of the applicable to Model AS 355 helicopters, helicopter. Therefore, inspecting the SUMMARY: This amendment adopts a both dated February 8, 1999. These SB’s bearing for the proper rotational torque new airworthiness directive (AD) that is specify a periodic check of the pitch within the next 50 hours time-in-service applicable to Eurocopter France Model change spider plate bearing to prevent (TIS), and for any bearing roughness at AS–350B, B1, B2, B3, BA, and D any blocking of the bearing. The DGAC intervals not to exceed 100 hours TIS is helicopters, and Model AS 355E, F, F1, classified these SB’s as mandatory and required, and this AD must be issued F2 and N helicopters. This action issued AD 1999–084–057(A), and AD immediately. requires inspecting the tail rotor spider 1999–085–076(A), both dated February Since a situation exists that requires plate bearing (bearing) for the proper 24, 1999, applicable to Model AS 355 the immediate adoption of this bearing rotational torque, axial play, and and Model AS–350 helicopters, regulation, it is found that notice and for any brinelling of the bearing. This respectively, in order to assure the opportunity for prior public comment amendment is prompted by service continued airworthiness of these hereon are impracticable, and that good difficulty reports citing the need to helicopters in France. cause exists for making this amendment prematurely replace bearings due to These helicopter models are effective in less than 30 days. wear, and by two in-flight incidents of manufactured in France and are type increased tail rotor vibration levels due certificated for operation in the United Comments Invited to bearing wear. This condition, if not States under the provisions of section Although this action is in the form of corrected, could result in seizure of the 21.29 of the Federal Aviation a final rule that involves requirements bearing, loss of tail rotor control and Regulations (14 CFR 21.29) and the affecting flight safety and, thus, was not subsequent loss of control of the applicable bilateral airworthiness preceded by notice and an opportunity helicopter. agreement. Pursuant to this bilateral for public comment, comments are DATES: Effective May 10, 1999. airworthiness agreement, the DGAC has invited on this rule. Interested persons

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19882 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations are invited to comment on this rule by Rules Docket at the location provided an airworthy pitch change spider plate submitting such written data, views, or under the caption ADDRESSES. assembly before further flight. arguments as they may desire. (b) At intervals not to exceed 100 hours List of Subjects in 14 CFR Part 39 Communications should identify the time-in-service, measure the axial play, and Rules Docket number and be submitted Air transportation, Aircraft, Aviation inspect for rotational binding or brinelling of in triplicate to the address specified safety, Incorporation by reference, the bearing using the operational procedure under the caption ADDRESSES. All Safety. in paragraph 2.B.2 of the Accomplishment Instructions in the applicable SB. communications received on or before Adoption of the Amendment the closing date for comments will be (c) If the bearing fails to meet the considered, and this rule may be Accordingly, pursuant to the airworthiness criteria stated in paragraph amended in light of the comments authority delegated to me by the 2.B.3(b) of the Accomplishment Instructions received. Factual information that Administrator, the Federal Aviation in the applicable SB, replace the pitch supports the commenter’s ideas and Administration amends part 39 of the change spider plate assembly with an suggestions is extremely helpful in Federal Aviation Regulations (14 CFR airworthy pitch change spider plate assembly evaluating the effectiveness of the AD part 39) as follows: before further flight. action and determining whether (d) An alternative method of compliance or PART 39ÐAIRWORTHINESS additional rulemaking action would be adjustment of the compliance time that DIRECTIVES provides an acceptable level of safety may be needed. Comments are specifically invited on used if approved by the Manager, Rotorcraft 1. The authority citation for part 39 Standards Staff, Rotorcraft Directorate, FAA. the overall regulatory, economic, continues to read as follows: environmental, and energy aspects of Operators shall submit their requests through Authority: 49 U.S.C. 106(g), 40113, 44701. the rule that might suggest a need to an FAA Principal Maintenance Inspector, who may concur or comment and then send modify the rule. All comments § 39.13 [Amended] it to the Manager, Rotorcraft Standards Staff. submitted will be available, both before 2. Section 39.13 is amended by and after the closing date for comments, Note 2: Information concerning the adding a new airworthiness directive to existence of approved alternative methods of in the Rules Docket for examination by read as follows: interested persons. A report that compliance with this AD, if any, may be summarizes each FAA-public contact AD 99–09–06 Eurocopter France: obtained from the Rotorcraft Standards Staff. Amendment 39–11139. Docket No. 98– (e) Special flight permits may be issued in concerned with the substance of this AD SW–44–AD. will be filed in the Rules Docket. accordance with sections 21.197 and 21.199 Commenters wishing the FAA to Applicability: Eurocopter France Model of the Federal Aviation Regulations (14 CFR AS–350B, B1, B2, B3, BA, and D helicopters, 21.197 and 21.199) to operate the helicopter acknowledge receipt of their comments and Model AS 355E, F, F1, F2 and N to a location where the requirements of this submitted in response to this rule must helicopters, with tail rotor spider assembly, submit a self-addressed, stamped part number 350A332004–03 or AD can be accomplished. postcard on which the following 350A332004–05, installed, certificated in any (f) The measurements and replacements, if statement is made: ‘‘Comments to category. necessary, shall be done in accordance with Docket No. 98–SW–44–AD.’’ The Note 1: This AD applies to each helicopter Eurocopter Mandatory SB 05.00.29, postcard will be date stamped and identified in the preceding applicability applicable to Model AS–350 helicopters, or returned to the commenter. provision, regardless of whether it has been Eurocopter Mandatory SB 05.00.30, The regulations adopted herein will otherwise modified, altered, or repaired in applicable to Model AS 355 helicopters, both not have substantial direct effects on the the area subject to the requirements of this dated February 8, 1999, as applicable. This States, on the relationship between the AD. For helicopters that have been modified, incorporation by reference was approved by national government and the States, or altered, or repaired so that the performance the Director of the Federal Register in of the requirements of this AD is affected, the accordance with 5 U.S.C. 552(a) and 1 CFR on the distribution of power and owner/operator must request approval for an responsibilities among the various part 51. Copies may be obtained from alternative method of compliance in American Eurocopter Corporation, 2701 levels of government. Therefore, in accordance with paragraph (d) of this AD. Forum Drive, Grand Prairie, Texas 75053– accordance with Executive Order 12612, The request should include an assessment of 4005, telephone (972) 641–3460, fax (972) the effect of the modification, alteration, or it is determined that this final rule does 641–3527. Copies may be inspected at the repair on the unsafe condition addressed by not have sufficient federalism FAA, (FAA), Office of the Regional Counsel, this AD; and, if the unsafe condition has not implications to warrant the preparation Southwest Region, Attention: Rules Docket of a Federalism Assessment. been eliminated, the request should include specific proposed actions to address it. No. 98–SW–44–AD, 2601 Meacham Blvd., The FAA has determined that this Room 663, Fort Worth, Texas 76137; or at the regulation is an emergency regulation Compliance: Required as indicated, unless accomplished previously. Office of the Federal Register, 800 North that must be issued immediately to Capitol Street, NW., suite 700, Washington, correct an unsafe condition in aircraft, To prevent seizure of the tail rotor spider plate bearing (bearing), loss of tail rotor DC. and that it is not a ‘‘significant control, and subsequent loss of control of the (g) This amendment becomes effective on regulatory action’’ under Executive helicopter, accomplish the following in May 10, 1999. Order 12866. It has been determined accordance with the specified paragraphs of Note 3: The subject of this AD is addressed further that this action involves an Eurocopter Service Bulletin (SB) 05.00.29, in Direction Generale De L’Aviation Civile emergency regulation under DOT applicable to Model AS–350 helicopters, or (France) AD 1999–084–057(A) and AD 1999– Regulatory Policies and Procedures (44 SB 05.00.30, applicable to Model AS 355 085–076(A), both dated February 24, 1999. FR 11034, February 26, 1979). If it is helicopters, both dated February 8, 1999, as determined that this emergency applicable: Issued in Fort Worth, Texas, on April 14, 1999. regulation otherwise would be (a) Within 50 hours time-in-service, measure the rotational torque of the bearing Eric Bries, significant under DOT Regulatory using the operational procedure in paragraph Acting Manager, Rotorcraft Directorate, Policies and Procedures, a final 2.B.1 of the Accomplishment Instructions in Aircraft Certification Service. regulatory evaluation will be prepared the applicable SB. If the rotational load is and placed in the Rules Docket. A copy equal to or greater than 300 grams, replace [FR Doc. 99–10053 Filed 4–22–99; 8:45 am] of it, if filed, may be obtained from the the pitch change spider plate assembly with BILLING CODE 4910±13±U

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DEPARTMENT OF TRANSPORTATION amendment 39–9233 (60 FR 27008, May the attachment fittings on either of these 22, 1995), applicable to certain Boeing engines may be subject to the same Federal Aviation Administration Model 747 series airplanes equipped unsafe condition. However, the with Pratt & Whitney Model JT9D series configurations of these engines are 14 CFR Part 39 engines (excluding Model JT9D–70 different in that some have enhanced [Docket No. 99±NM±49±AD; Amendment series engines); and on June 16, 1995, structural capability; therefore, the FAA 39±11144; AD 99±09±11] the FAA issued AD 95–13–07, has determined that a somewhat longer amendment 39–9287 (60 FR 33336, June repetitive inspection interval for those RIN 2120±AA64 28, 1995), applicable to certain Boeing configurations is appropriate. Airworthiness Directives; Boeing Model 747 series airplanes equipped with General Electric Model CF6–45 or Explanation of the Requirements of the Model 747 Series Airplanes Equipped Rule With General Electric Model CF6±45 or –50 series engines, or Pratt & Whitney ±50 Series Engines; or Pratt & Whitney Model JT9D–70 series engines. Both of Since an unsafe condition has been Model JT9D±3, ±7, or ±70 Series those AD’s require modification of the identified that is likely to exist or Engines; and 747±E4B (Military) nacelle strut and wing structure, develop on other Boeing Model 747 Airplanes inspections and checks to detect series airplanes of the same type design, discrepancies, and correction of this AD is being issued to detect and AGENCY: Federal Aviation discrepancies. The requirements of correct fatigue cracking or fracture of the Administration, DOT. those AD’s are intended to prevent steel attachment fittings of the diagonal ACTION: Final rule; request for failure of the nacelle strut and brace to the nacelle struts, which could comments. subsequent separation of the nacelle result in failure of the nacelle strut from the wing. diagonal brace load path and possible SUMMARY: This amendment adopts a Since issuance of those two AD’s, the separation of the nacelle from the wing. new airworthiness directive (AD) that is FAA has received a report indicating This AD requires repetitive detailed applicable to certain Boeing Model 747 that a fractured steel attachment fitting visual inspections to detect such series airplanes and all 747–E4B of a diagonal brace to the number 2 cracking or fracture. This AD also (military) airplanes. This action requires nacelle strut was found during a routine requires replacement of the attachment repetitive inspections to detect cracking service inspection of a Boeing Model fittings with new steel fittings, if or fracture of the steel attachment 747 series airplane equipped with necessary, in accordance with a method fittings of the diagonal brace to the General Electric Model CF6–50 series approved by the FAA, or in accordance nacelle struts; and replacement of the engines. This is the first report of a with data meeting the type certification attachment fittings with new steel fractured steel attachment fitting on a basis of the airplane approved by a fittings, if necessary. This amendment is Model 747 series airplane that was Boeing Company Designated prompted by a report indicating a found after the strut and wing were Engineering Representative who has fractured steel attachment fitting of a modified in accordance with AD 95–13– been authorized by the FAA to make diagonal brace to the number 2 nacelle 07 or AD 95–10–16. However, the report such findings. strut; such fracture has been attributed clarifies that the steel fitting had been to fatigue cracking. The actions installed during production rather than Interim Action specified in this AD are intended to during the modification required by AD This is considered to be interim detect and correct such fatigue cracking, 95–13–07. The FAA points out that the action until final action is identified, at which could result in failure of a nacelle replacement of the fitting with a new which time the FAA may consider strut diagonal brace load path and steel fitting is only part of the further rulemaking. modification required by the previously possible separation of the nacelle from Determination of Rule’s Effective Date the wing. referenced AD’s. The manufacturer Since a situation exists that requires DATES: Effective May 10, 1999. reported that the crack initiation, which Comments for inclusion in the Rules began at the far aft fastener hole on the the immediate adoption of this Docket must be received on or before inboard side of the lower flange of the regulation, it is found that notice and June 22, 1999. attachment fitting, was attributed to opportunity for prior public comment fretting and galling and is indicative of hereon are impracticable, and that good ADDRESSES: Submit comments in fatigue. The airplane had accumulated cause exists for making this amendment triplicate to the Federal Aviation 54,852 flight hours and 11,124 flight effective in less than 30 days. Administration (FAA), Transport cycles, and the strut and wing Airplane Directorate, ANM–114, Comments Invited modification had been accomplished in Attention: Rules Docket No. 99–NM– accordance with AD 95–13–07 at 50,357 Although this action is in the form of 49–AD, 1601 Lind Avenue, SW., flight hours and 10,085 flight cycles. a final rule that involves requirements Renton, Washington 98055–4056. While this is the first report of a affecting flight safety and, thus, was not Information pertaining to this fitting failure after modification in preceded by notice and an opportunity amendment may be obtained from or accordance with AD 95–13–07, cracking for public comment, comments are examined at the FAA, Transport or fracture of a steel attachment fitting invited on this rule. Interested persons Airplane Directorate, 1601 Lind of the diagonal brace to the nacelle strut, are invited to comment on this rule by Avenue, SW., Renton, Washington. if not corrected, could result in failure submitting such written data, views, or FOR FURTHER INFORMATION CONTACT: of a nacelle strut diagonal brace load arguments as they may desire. Tamara L. Anderson, Aerospace path and possible separation of the Communications shall identify the Engineer, Airframe Branch, ANM–120S, nacelle from the wing. Rules Docket number and be submitted FAA, 1601 Lind Avenue, SW., Renton, The attachment fittings on the Pratt & in triplicate to the address specified Washington 98055–4056; telephone Whitney series engines are similar to the under the caption ADDRESSES. All (425) 227–2771; fax (425) 227–1181. attachment fittings on the General communications received on or before SUPPLEMENTARY INFORMATION: On May Electric series engines that are the closing date for comments will be 10, 1995, the FAA issued AD 95–10–16, addressed in this AD. Therefore, all of considered, and this rule may be

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19884 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations amended in light of the comments Adoption of the Amendment amendment 39–9233, or AD 95–13–07, received. Factual information that amendment 39–9287, has not been Accordingly, pursuant to the accomplished: Within 10 days after the supports the commenter’s ideas and authority delegated to me by the suggestions is extremely helpful in effective date of this AD, accomplish the Administrator, the Federal Aviation detailed visual inspection. evaluating the effectiveness of the AD Administration amends part 39 of the (i) For airplanes equipped with General action and determining whether Federal Aviation Regulations (14 CFR Electric Model CF6–45 or –50 series engines additional rulemaking action would be part 39) as follows: and/or Pratt & Whitney JT9D–3 or –7 series needed. engines, repeat the inspection thereafter at Comments are specifically invited on PART 39ÐAIRWORTHINESS intervals not to exceed 180 flight cycles. DIRECTIVES (ii) For airplanes equipped with Pratt & the overall regulatory, economic, Whitney JT9D–70 series engines, repeat the environmental, and energy aspects of 1. The authority citation for part 39 inspection thereafter at intervals not to the rule that might suggest a need to continues to read as follows: exceed 250 flight cycles. modify the rule. All comments (2) For airplanes on which the strut and submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. wing modification required by AD 95–10–16, and after the closing date for comments, amendment 39–9233, or AD 95–13–07, in the Rules Docket for examination by § 39.13 [Amended] amendment 39–9287, has been interested persons. A report that 2. Section 39.13 is amended by accomplished: Within 30 days after the summarizes each FAA-public contact adding the following new airworthiness effective date of this AD or within 150 flight directive: cycles after accomplishment of the concerned with the substance of this AD modification, whichever occurs later, will be filed in the Rules Docket. 99–09–11 Boeing: Amendment 39–11144. accomplish the detailed visual inspection. Commenters wishing the FAA to Docket 99–NM–49–AD. (i) For airplanes equipped with General acknowledge receipt of their comments Applicability: Model 747 series airplanes Electric Model CF6–45 or –50 series engines submitted in response to this rule must equipped with General Electric Model CF6– or Pratt & Whitney JT9D–70 series engines, 45 or –50 series engines, or Pratt & Whitney repeat the inspection thereafter at intervals submit a self-addressed, stamped Model JT9D–3, –7, or –70 series engines, and postcard on which the following not to exceed 600 flight cycles. all 747–E4B (military) airplanes, having steel (ii) For airplanes equipped with Pratt & statement is made: ‘‘Comments to attachment fittings of the diagonal brace to Whitney JT9D–3 or –7 series engines, repeat Docket Number 99–NM–49–AD.’’ The the nacelle struts; certificated in any the inspection thereafter at intervals not to postcard will be date stamped and category. exceed 350 flight cycles. returned to the commenter. Note 1: This AD excludes those airplanes Corrective Actions that are included in the applicability of AD Regulatory Impact 97–20–01 R1, amendment 39–10982 (64 FR (b) If any cracking or fracture of any attachment fitting is detected during any The regulations adopted herein will 985, January 7, 1999). Those airplanes have aluminum attachment fittings. inspection required by paragraph (a) of this not have substantial direct effects on the Note 2: This AD applies to each airplane AD, prior to further flight, replace the fitting States, on the relationship between the identified in the preceding applicability with a new steel fitting in accordance with national government and the States, or provision, regardless of whether it has been a method approved by the Manager, Seattle on the distribution of power and modified, altered, or repaired in the area Aircraft Certification Office (ACO), FAA, responsibilities among the various subject to the requirements of this AD. For Transport Airplane Directorate; or in levels of government. Therefore, in airplanes that have been modified, altered, or accordance with data meeting the type accordance with Executive Order 12612, repaired so that the performance of the certification of the airplane approved by a it is determined that this final rule does requirements of this AD is affected, the Boeing Company Designated Engineering owner/operator must request approval for an Representative who has been authorized by not have sufficient federalism the Manager, Seattle ACO, to make such implications to warrant the preparation alternative method of compliance in accordance with paragraph (c) of this AD. findings. For a repair method to be approved of a Federalism Assessment. The request should include an assessment of by the Manager, Seattle ACO, as required by The FAA has determined that this the effect of the modification, alteration, or this paragraph, the Manager’s approval letter regulation is an emergency regulation repair on the unsafe condition addressed by must specifically reference this AD. that must be issued immediately to this AD; and, if the unsafe condition has not Alternative Methods of Compliance correct an unsafe condition in aircraft, been eliminated, the request should include specific proposed actions to address it. (c) An alternative method of compliance or and that it is not a ‘‘significant adjustment of the compliance time that regulatory action’’ under Executive Compliance: Required as indicated, unless accomplished previously. provides an acceptable level of safety may be Order 12866. It has been determined To detect and correct fatigue cracking or used if approved by the Manager, Seattle further that this action involves an fracture of the steel attachment fittings of the ACO. Operators shall submit their requests emergency regulation under DOT diagonal brace to the nacelle struts, which through an appropriate FAA Principal Regulatory Policies and Procedures (44 could result in failure of a nacelle strut Maintenance Inspector, who may add FR 11034, February 26, 1979). If it is diagonal brace load path and possible comments and then send it to the Manager, Seattle ACO. determined that this emergency separation of the nacelle from the wing; regulation otherwise would be accomplish the following: Note 3: Information concerning the existence of approved alternative methods of significant under DOT Regulatory Initial Inspection compliance with this AD, if any, may be Policies and Procedures, a final (a) Gain access to the attachment fittings of obtained from the Seattle ACO. regulatory evaluation will be prepared the diagonal brace to the inboard and and placed in the Rules Docket. A copy outboard nacelle struts through the aft fairing Special Flight Permits of it, if filed, may be obtained from the doors, and perform a detailed visual (d) Special flight permits may be issued in Rules Docket at the location provided inspection to detect cracking or fracture of accordance with sections 21.197 and 21.199 under the caption ADDRESSES. the steel attachment fittings of the diagonal of the Federal Aviation Regulations (14 CFR brace to the inboard and outboard nacelle 21.197 and 21.199) to operate the airplane to List of Subjects in 14 CFR Part 39 struts, at the applicable time specified in a location where the requirements of this AD paragraph (a)(1) or (a)(2) of this AD. can be accomplished. Air transportation, Aircraft, Aviation (1) For airplanes on which the strut and (e) This amendment becomes effective on safety, Safety. wing modification required by AD 95–10–16, May 10, 1999.

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Issued in Renton, Washington, on April 16, DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; confirmation of 1999. effective date and correction. Darrell M. Pederson, Federal Aviation Administration SUMMARY: This document confirms the Acting Manager, Transport Airplane 14 CFR Part 71 effective date of a direct final rule which Directorate, Aircraft Certification Service. revises the Class E airspace at Boonville, [FR Doc. 99–10175 Filed 4–22–99; 8:45 am] [Airspace Docket No. 98±ASW±55] MO, and corrects an error in the BILLING CODE 4910±13±U geographic coordinates for the Viertel Revision of Class E Airspace; Monroe, Nondirectional Radio Beacon (NDB) as LA published in the Federal Register DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation February 22, 1999 (64 FR 8508), Airspace Docket No. 99–ACE–6. Federal Aviation Administration Administration (FAA), DOT. ACTION: Direct final rule; confirmation of DATES: The direct final rule published at 14 CFR Part 71 effective date. 64 FR 8508 is effective on 0901 UTC, May 20, 1999. SUMMARY: This notice confirms the This correction is effective on May 20, [Airspace Docket No. 98±ASW±54] effective date of a direct final rule which 1999. revises Class E airspace at Monroe, LA. FOR FURTHER INFORMATION CONTACT: Revision of Class E Airspace; San Kathy Randolph, Air Traffic Division, Antonio, TX EFFECTIVE DATE: The direct final rule published at 64 FR 3207 is effective Airspace Branch, ACE–520C, Federal Aviation Administration, 601 East 12th AGENCY: Federal Aviation 0901 UTC, May 20, 1999. Street, Kansas City, Missouri 64106; Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air telephone: (816) 426–3408. ACTION: Direct final rule; confirmation of Traffic Division, Southwest Region, SUPPLEMENTARY INFORMATION: effective date. Federal Aviation Administration, Forth History Worth, TX 76193–0520, telephone: 817– On February 22, 1999, the FAA SUMMARY: This notice confirms the 222–5593. effective date of a direct final rule which published in the Federal Register a SUPPLEMENTARY INFORMATION: The FAA revises Class E airspace at San Antonio, direct final rule; request for comments published this direct final rule with a TX. which revises the Class E airspace at request for comments in the Federal Boonville, MO (FR Document 99–4175, EFFECTIVE DATE: The direct final rule Register on January 21, 1999 (64 FR 64 FR 8508, Airspace Docket No. 99– published at 64 FR 3208 is effective 3207). The FAA uses the direct final ACE–6). An error was subsequently 0901 UTC, May 20, 1999. rulemaking procedure for a non- discovered in the geographic controversial rule where the FAA FOR FURTHER INFORMATION CONTACT: coordinates for the Viertel NDB. This believes that there will be no adverse Donald J. Day, Airspace Branch, Air action corrects that error. After careful public comment. This direct final rule review of all available information Traffic Division, Southwest Region, advised the public that no adverse Federal Aviation Administration, Fort related to the subject presented above, comments were anticipated, and that the FAA has determined that air safety Worth, TX 76193–0520, telephone: 817– unless a written adverse comment, or a 222–5593. and the public interest require adoption written notice of intent to submit such of the rule. The FAA has determined SUPPLEMENTARY INFORMATION: The FAA an adverse comment, were received that this correction will not change the published this direct final rule with a within the comment period, the meaning of the action nor add any request for comments in the Federal regulation would become effective on additional burden on the public beyond Register on January 21, 1999 (64 FR May 20, 1999. No adverse comments that already published. This action 3208). The FAA uses the direct final were received, and thus this action corrects the geographic coordinates for rulemaking procedure for a non- confirms that this direct final rule will the Viertel NDB and confirms the controversial rule where the FAA be effective on that date. effective date of the direct final rule. believes that there will be no adverse Issued in Fort Worth, TX, on April 14, The FAA uses the direct final public comment. This direct final rule 1999. rulemaking procedure for a non- advised the public that no adverse Albert L. Viselli, controversial rule where the FAA comments were anticipated, and that Acting Manager, Air Traffic Division, believes that there will be no adverse unless a written adverse comment, or a Southwest Region. public comments. This direct final rule written notice of intent to submit such [FR Doc. 99–10089 Filed 4–22–99; 8:45 am] advised the public that no adverse an adverse comment, were received BILLING CODE 4910±13±M comments were anticipated, and that within the comment period, the unless a written adverse comment, or a regulation would become effective on written notice of intent to submit such May 20, 1999. No adverse comments DEPARTMENT OF TRANSPORTATION an adverse comment, were received were received, and thus this action within the comment period, the confirms that this direct final rule will Federal Aviation Administration regulation would become effective on be effective on that date. May 20, 1999. No adverse comments 14 CFR Part 71 Issued in Fort Worth, TX, on April 14, were received, and thus this notice 1999. [Airspace Docket No. 99±ACE±6] confirms that this direct final rule will become effective on that date. Albert L. Viselli, Amendment to Class E Airspace; Acting Manager, Air Traffic Division, Correction to the Direct final rule Boonville, MO; Correction Southwest Region. Accordingly, pursuant to the [FR Doc. 99–10090 Filed 4–22–99; 8:45 am] AGENCY: Federal Aviation authority delegated to me, the BILLING CODE 4910±13±M Administration (FAA), DOT. geographic coordinates for the Viertel

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NDB, as published in the Federal the FAA has determined that air safety flight schedule and reflight, patent and Register on February 22, 1999 (64 FR and the public interest require adoption data rights, among other things. NASA 8508), Federal Register Document 99– of the rule. The FAA has determined plans to issue a new policy whereby 4175; page 8509, column three) are that this correction will not change the domestic educational institutions will corrected as follows: meaning of the action nor add any have priority ranking in the manifest additional burden on the public beyond process. § 71.1 [Corrected] that already published. This action EFFECTIVE DATE: April 23, 1999. ACE MO E5 Boonville, MO [Corrected] corrects the airspace designation for the FOR FURTHER INFORMATION CONTACT: On page 8509, in the third column, under Captain Jack Thomas/El Dorado Airport Lynda Cywanowicz, 202–358–1673. Viertel NDB, by correction (lat. 38°57′03′′ N., ° ′ ′′ ° ′ ′′ and confirms the effective date of the SUPPLEMENTARY INFORMATION: The rule long. 92 41 22 W.) to read (lat. 38 56 58 N., direct final rule. long. 92°41′03′′ W.) removed in this document was The FAA uses the direct final originally published at 45 FR 73023, Issued in Kansas City, MO on April 2, rulemaking for a non-controversial rule 1999. November 4, 1980, and was codified in where the FAA believes that there will the Code of Federal Regulations at 14 Christopher R. Blum, be no adverse public comment. This CFR part 1214, subpart 1214.9. The Acting Manager, Air Traffic Division, Central direct final rule advised the public that proposed new policy will be separately Region. no adverse comments were anticipated, published in the Federal Register, for [FR Doc. 99–10278 Filed 4–22–99; 8:45 am] and that unless a written adverse notice and comment, before becoming a BILLING CODE 4910±13±M comment, or a written notice of intent final rule. to submit such an adverse comment, were received with the comment period, List of Subjects in 14 CFR Part 1214 DEPARTMENT OF TRANSPORTATION the regulation would become effective Government employees, Government on May 20, 1999. No adverse comments procurement, Security measures, Space Federal Aviation Administration were received, and thus this notice transportation, and exploration. 14 CFR Part 71 confirms that this direct final rule will Daniel S. Goldin, become effective on that date. Administrator. [Airspace Docket No. 99±ACE±5] Correction to the Direct final rule Accordingly, NASA amends 14 CFR chapter V as follows: Amendment to Class E Airspace; El Accordingly, pursuant to the Dorado, KS; Correction authority delegated to me, the airspace PART 1214ÐSPACE SHUTTLE AGENCY: Federal Aviation designation for Captain Jack Thomas/El Administration (FAA), DOT. Dorado Airport, as published in the 1. The authority citation for part 1214 continues to read as follows: ACTION: Direct final rule; confirmation of Federal Register on February 22, 1999 effective date and correction. (64 FR 8507), Federal Register Authority: Sec. 203, Public Law 85–568, 72 Document 99–4176; page 8508, column Stat. 429, as amended (42 U.S.C. 2473). SUMMARY: This document confirms the three) is corrected as follows: effective date of a direct final rule which Subpart 1214.9Ð[Removed and revises the Class E airspace at El § 71.1 [Corrected] Reserved] Dorado, KS, and corrects an error in the ACE KS E5 El Dorado, KS [Corrected] 2. Subpart 1214.9, consisting of airspace designation for Captain Jack On page 8508, in the third column, line seven, correct the airspace designation by §§ 1214.900 through 1214.912, is Thomas/El Dorado Airport as published removing the word ‘‘south’’ and adding removed and reserved. in the Federal Register February 22, ‘‘southwest.’’ 1999 (64 FR 8507), Airspace Docket No. [FR Doc. 99–9896 Filed 4–22–99; 8:45 am] Issued in Kansas City, MO on April 2, BILLING CODE 7510±01±M 99–ACE–5. 1999. DATES: The direct final rule published at Christopher R. Blum, 64 FR 8507 is effective on 0910 UTC, Acting Manager, Air Traffic Division, Central NATIONAL AERONAUTICS AND May 20, 1999. Region. SPACE ADMINISTRATION This correction is effective on May 20, [FR Doc. 99–10277 Filed 4–22–99; 8:45 am] 1999. BILLING CODE 4910±13±M 14 CFR Part 1214 FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, Special Policy on Small Self-Contained Airspace Branch, ACE–520C, Federal NATIONAL AERONAUTICS AND Payloads (SSCP's) By Domestic Aviation Administration, 601 East 12th SPACE ADMINISTRATION Educational Institutions Street, Kansas City, Missouri 64106; AGENCY: National Aeronautics and telephone: (816) 426–3408. 14 CFR Part 1214 Space Administration (NASA). SUPPLEMENTARY INFORMATION: Use of Small Self-Contained Payloads ACTION: Interim final rule. History AGENCY: National Aeronautics and SUMMARY: NASA is removing its rule on On February 22, 1999, the FAA Space Administration (NASA). special policy on small, self-contained published in the Federal Register a payloads (SSCP’s) by domestic ACTION: Interim final rule. direct final rule; request for comments educational institutions. This rule, in which revises the Class E airspace at El SUMMARY: NASA is removing its rule on effect since December 21, 1992, offered Dorado, KS (FR Docket 99–4176, 64 FR use of small self-contained payloads. lower prices, relative to other users, for 8507, Airspace Docket No. 99–ACE–5). This rule, in effect since August 31, standard launch services for SSCP’s An error was subsequently discovered 1992, revised the prices for standard sponsored by domestic educational in the airspace designation for Captain launch support of Small Self-Contained institutions that agreed to certain Jack Thomas/El Dorado Airport. This Payloads (SSCP), as well as clarified and provisions and could meet certain action corrects that error. After careful amended other features of the SSCP criteria. NASA plans to issue a new review of all available information policy. It addressed conditions of use of policy to reduce further the price for related to the subject presented above, the space shuttle, reimbursement policy, SSCP standard launch services for

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19887 qualifying domestic educational for use as direct food ingredients. This submit comments to the Dockets institutions. action is a partial response to a petition Management Branch (HFA–305), Food EFFECTIVE DATE: April 23, 1999. filed by the Ad Hoc Enzyme Technical and Drug Administration, 5630 Fishers FOR FURTHER INFORMATION CONTACT: Committee (now the Enzyme Technical Lane, rm. 1061, Rockville, MD 20852. Lynda Cywanowicz, 202–358–1673. Association). The petition was amended by notices DATES: The regulation is effective April published in the Federal Register of SUPPLEMENTARY INFORMATION: The rule June 12, 1973 (38 FR 15471), proposing removed in this document was 23, 1999. The Director of the Office of the Federal Register approves the affirmation that microbially-derived originally published at 57 FR 61794, enzyme preparations (carbohydrase, December 29, 1992, and was codified in incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 lipase, and protease) from A. oryzae are the Code of Federal Regulations at 14 GRAS for use in food; in the Federal CFR part 1214, subpart 1214.10. The CFR part 51 of certain publications listed in 21 CFR 184.1148 and 184.1150, Register of August 29, 1984 (49 FR proposed new policy will be published 34305), proposing affirmation that the separately in the Federal Register, for effective April 23, 1999. FOR FURTHER INFORMATION CONTACT: enzyme preparations ficin, obtained notice and comment, before becoming a from species of the genus Ficus (fig final rule. Linda S. Kahl, Center for Food Safety and Applied Nutrition (HFS–206), Food tree), and pancreatin, obtained from List of Subjects in 14 CFR Part 1214 and Drug Administration, 200 C St. SW., bovine and porcine pancreas, are GRAS for use in food; in the Federal Register Government employees, Government Washington, DC 20204, 202–418–3101. of June 23, 1987 (52 FR 23607), procurement, Security measures, space SUPPLEMENTARY INFORMATION: proposing affirmation that the protease transportation, and exploration. Table of Contents enzyme preparation from A. niger is Daniel S. Goldin, GRAS for use in food; and in the Administrator. I. Introduction II. Standards for GRAS Affirmation Federal Register of August 5, 1996 (61 Accordingly, NASA amends 14 CFR III. Background FR 40648), proposing affirmation that chapter V as follows: A. Identity and Technical Effect carbohydrase and protease enzyme B. Methods of Manufacture preparations from B. amyloliquefaciens PART 1214ÐSPACE SHUTTLE IV. Safety Evaluation are GRAS for use in food. In the June 23, A. Pre-1958 History of Use in Food 1987, notice, FDA also noted the 1. The authority citation for part 1214 1. Bacillus Subtilis petitioner’s assertion that pectinase continues to read as follows: 2. Bacillus Amyloliquefaciens B. Corroborating Evidence of Safety enzyme preparation from A. niger and Authority: Sec. 203, Public Law 85–568, 72 lactase enzyme preparation from A. Stat. 429, as amended (42 U.S.C. 2473). 1. The Enzyme Components 2. Enzyme Sources, Manufacturing niger are included under carbohydrase enzyme preparation from A. niger, and Subpart 1214.10Ð[Removed and Methods, and Processing Aids V. Comments that invertase enzyme preparation from Reserved] VI. Conclusions Saccharomyces cerevisiae and lactase 2. Subpart 1214.10, consisting of VII. Environmental Considerations enzyme preparation from §§ 1214.1000 through 1214.1004, is VIII. Analysis for Executive Order 12866 Kluyveromyces marxianus are both IX. Regulatory Flexibility Analysis included under carbohydrase enzyme removed and reserved. X. Paperwork Reduction Act of 1995 preparation from species of the genus [FR Doc. 99–9895 Filed 4–22–99; 8:45 am] XI. Effective Date XII. References Saccharomyces. The agency further BILLING CODE 7510±01±M noted that, therefore, pectinase enzyme I. Introduction preparation from A. niger, lactase In accordance with the procedures enzyme preparation from A. niger, DEPARTMENT OF HEALTH AND described in § 170.35 (21 CFR 170.35), invertase enzyme preparation from S. HUMAN SERVICES the Ad Hoc Enzyme Technical cerevisiae, and lactase enzyme preparation from K. marxianus were to Food and Drug Administration Committee (now the Enzyme Technical Association), c/o Miles Laboratories, be considered part of the petition. 21 CFR Part 184 Inc., 1127 Myrtle St., Elkhart, IN 46514, Interested persons were given an submitted a petition (GRASP 3G0016) opportunity to submit comments to the [Docket No. 84G±0257] requesting that the following enzyme Dockets Management Branch (address above) on each amendment. Carbohydrase and Protease Enzyme preparations be affirmed as GRAS for Preparations Derived From Bacillus use in food: (1) Animal-derived enzyme After the petition was filed, the Subtilis or Bacillus Amyloliquefaciens; preparations: Catalase (bovine liver); agency published, as part of its Affirmation of GRAS Status as Direct lipase, animal; pepsin; rennet; rennet, comprehensive safety review of GRAS Food Ingredients bovine; and trypsin; (2) plant-derived substances, two GRAS affirmation enzyme preparations: Bromelain; malt; regulations that covered three of the AGENCY: Food and Drug Administration, and papain; (3) microbially-derived enzyme preparations from animal and HHS. enzyme preparations: Lipase, catalase, plant sources included in the petition. ACTION: Final rule. glucose oxidase, and carbohydrase from These two regulations are: (1) Aspergillus niger, var.; mixed § 184.1685 Rennet (animal derived) (21 SUMMARY: The Food and Drug carbohydrase and protease from Bacillus CFR 184.1685), which was published in Administration (FDA) is affirming that subtilis, var.; carbohydrase from the Federal Register of November 7, carbohydrase enzyme preparations Rhizopus oryzae; and carbohydrase 1983 (48 FR 51151) and includes the derived from either Bacillus subtilis or from Saccharomyces species. petitioned enzyme preparations rennet B. amyloliquefaciens and protease FDA published a notice of filing of and bovine rennet; and (2) § 184.1585 enzyme preparations derived from this petition in the Federal Register of Papain (21 CFR 184.1585), which was either B. subtilis or B. amyloliquefaciens April 12, 1973 (38 FR 9256), and gave published in the Federal Register of are generally recognized as safe (GRAS) interested persons an opportunity to October 21, 1983 (48 FR 48805). Thus,

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19888 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations rennet, bovine rennet, and papain are case of a substance used in food prior Carbohydrases, which are also known already affirmed as GRAS and need not to January 1, 1958, experience based on as glycosidases, are enzymes whose be addressed further. common use in food. General catalytic activity is the hydrolysis (i.e., In a notice published in the Federal recognition of safety based upon splitting) of O-glycosyl bonds in Register of September 20, 1993 (58 FR scientific procedures requires the same carbohydrates. The carbohydrase 48889), the agency announced that the quantity and quality of scientific enzyme preparations that are the subject petitioner had requested that the evidence as is required to obtain of this document each contain two or following enzyme preparations be approval of a food additive and more carbohydrases, including: (1) α- withdrawn from the petition without ordinarily is based upon published amylase, which hydrolyzes α-1,4-glucan prejudice to the filing of a future studies, which may be corroborated by bonds in polysaccharides (e.g., starch) petition: (1) Pancreatin used for its unpublished studies and other data and yielding monosaccharides, linear lipase activity, (2) pancreatin used for information (§ 170.30(b)). General oligosaccharides and branched its amylase activity, and (3) amylase recognition of safety through experience oligosaccharides (dextrins), and (2) β- derived from unmalted barley extract. In based on common use in food prior to glucanase, which hydrolyzes 1,3 and that notice, the agency stated that, in January 1, 1958, may be determined some 1,4 linkages in β-D-glucans light of the petitioner’s request, any without the quantity or quality of (polysaccharides that are common in future action by FDA on the petition scientific procedures required for cereals such as oats, barley, and rye), would not include a determination of approval of a food additive, and yielding oligosaccharides and glucose the GRAS status of these three enzyme ordinarily is based upon generally (Refs. 2 and 3). Because the major preparations. available data and information carbohydrase in the carbohydrase In a final rule published in the concerning the pre-1958 use of the enzyme preparations derived from B. Federal Register of June 26, 1995 (60 FR substance (§ 170.30(c)). subtilis or B. amyloliquefaciens is α- 32904), the agency affirmed as GRAS amylase, the primary use of these For the enzyme preparations from B. the following enzyme preparations enzyme preparations is the hydrolysis of subtilis and B. amyloliquefaciens that derived from animal sources: Catalase starch in processes such as the are the subject of this document, the (bovine liver), animal lipase, pepsin, preparation of starch syrups and the Enzyme Technical Association bases its trypsin, and pancreatin (as a source of fermentation of beer (Refs. 3 through 5). request for affirmation of GRAS status protease activity). In that same final Proteases are enzymes whose catalytic on a history of safe food use prior to rule, the agency also affirmed as GRAS activity is the hydrolysis of peptide 1958. As discussed in the preamble to the following enzyme preparations bonds in proteins, yielding peptides and the proposed rule for the most recent derived from plant sources: Bromelain, amino acids. The protease enzyme amendment to § 170.30, general ficin, and malt. preparations that are the subject of this recognition of safety through experience This final rule addresses the following document each contain two or more based on common use in food requires bacterially-derived enzyme proteases, including subtilisin and a consensus on the safety of the preparations: (1) carbohydrase enzyme neutral proteinase (Refs. 2 and 3). The substance among the community of preparation from B. subtilis; (2) protease primary use of the protease enzyme experts who are qualified to evaluate the enzyme preparation from B. subtilis; (3) preparations derived from B. subtilis or safety of food ingredients (50 FR 27294 carbohydrase enzyme preparation from B. amyloliquefaciens is in the at 27295, July 2, 1985). B. amyloliquefaciens; and (4) protease preparation of protein hydrolysates and enzyme preparation from B. III. Background the tenderizing of meat (Refs. 3 through amyloliquefaciens. 1 The other microbial 5). enzyme preparations in the petition will A. Identity and Technical Effect Table 1 lists the characterizing be dealt with separately in a future issue Enzymes are proteins that originate enzyme activities and associated of the Federal Register. from living cells and produce chemical International Union of Biochemistry Enzyme Commission (EC) numbers of II. Standards for GRAS Affirmation change by catalytic action (Random House Dictionary of the English the carbohydrase and protease enzyme Under § 170.30 (21 CFR 170.30) and Language, 1987). Most enzymes are very preparations derived from B. subtilis or 21 U.S.C. 321(s), general recognition of specific in their ability to catalyze only B. amyloliquefaciens. safety may be based only on the views certain chemical reactions; this high of experts qualified by scientific training degree of specificity and strong catalytic TABLE 1.ÐENZYME ACTIVITIES AND and experience to evaluate the safety of activity are the most important EC NUMBERS ASSOCIATED WITH substances directly or indirectly added functional properties of enzymes (Ref. ENZYME PREPARATIONS DERIVED to food. The basis of such views may be 1). FROM B. SUBTILIS OR B. either scientific procedures or, in the Commercial enzyme preparations AMYLOLIQUEFACIENS 1 Although the petition requested GRAS such as those that are the subject of this affirmation for mixed carbohydrase and protease document usually contain several Character- Enzyme Prep- izing Enzyme EC Number enzyme preparation from B. subtilis, the petitioner enzymes that have catalytic activities aration subsequently agreed that this enzyme preparation Activity be evaluated as two separate enzyme preparations, other than those for which they are carbohydrase enzyme preparation from B. subtilis sold—i.e., other than their Carbohydrase α-Amylase 3.2.1.1 and protease enzyme preparation from B. subtilis. characterizing enzyme activities. As β-Glucanase 3.2.1.6 Enzyme preparations that contain mixtures of discussed in more detail in section III.B Protease Subtilisin 3.4.21.62 carbohydrases and proteases can be used either for of this document, the methods of Neutral Pro- 3.4.24.28 their carbohydrase activity or for their protease teinase activity, and they are usually sold according to their manufacture for a specific commercial intended use. FDA requested the petitioner’s enzyme preparation are tailored to agreement to this change to reflect the distinct uses maximize the characterizing enzyme B. Methods of Manufacture of mixed carbohydrase and protease enzyme All microbial strains, including preparations in food depending on whether a activity. The other enzymes that are particular preparation is being used for its present in the preparation generally are bacterial strains, used to manufacture carbohydrase activity or for its protease activity. present at low levels. enzyme preparations are started from a

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19889 pure laboratory culture and grown, or In practice, the processes by which the submerged culture method, the ‘‘fermented,’’ in a sterile liquid nutrient microbial-derived enzyme preparations microorganisms and other insolubles are medium or sterile moistened semisolid are produced vary widely. Each single removed from the fermentation medium medium. Accepted microbiological strain of microorganism produces a by decanting, filtering, or centrifuging, techniques are used to exclude large number of enzymes (Ref. 5). The and therefore an extraction step is not contaminating organisms and to avoid absolute and relative amounts of various required. In either method, further development of substrains from within individual enzymes produced vary processing steps may involve the culture itself (Ref. 6). Although markedly among species and even clarification, evaporation, precipitation, specific conditions of fermentation vary among strains of the same species. They drying, and grinding (Refs. 6 and 9 from manufacturer to manufacturer, also vary depending upon the through 12). composition of medium on which the common fermentation procedures are: IV. Safety Evaluation (1) The submerged culture method, microorganism grows, and upon the fermentation conditions. The petitioner A. Pre-1958 History of Use in Food which uses closed fermenters equipped states that for a specific enzyme with agitators, aeration devices, and Enzyme preparations have been safely preparation the production strain, jackets or coils for temperature control; used for many years in the production medium composition, and fermentation and processing of food, for example, in and (2) the semisolid culture method, conditions are optimized to maximize which uses horizontal rotating drums or the baking, dairy, and brewing the desired enzyme activity (Refs. 7 and industries (e.g., see Refs. 1, 4, and 13). large chambers fitted with trays (Refs. 5 8). and 6). During fermentation by either The carbohydrase and protease 1. Bacillus Subtilis method, the pH, temperature, enzymes from B. subtilis and B. The petitioner has provided generally appearance or disappearance of certain amyloliquefaciens are excreted into the available information, including ingredients, purity of culture, and level fermentation medium (Refs. 9 through published reviews, showing that of enzyme activity must be carefully 11). In the semisolid culture method, an carbohydrase and protease enzyme controlled. The fermentation is enzyme that is present in the preparations derived from B. subtilis harvested at the point where laboratory fermentation medium is extracted either were commonly used in food prior to tests indicate that maximum production directly from the moist material, or later 1958 (Refs. 4 and 5). This information of enzyme activity has been attained. after the culture mass has been dried. In is summarized in Table 2.

TABLE 2.ÐAPPLICATIONS OF BACTERIAL CARBOHYDRASE AND PROTEASE ENZYME PREPARATIONS IN FOOD PRIOR TO 1958

Technical effect or industry appli- Enzyme preparation Food categories cation References

Carbohydrase Beer Mashing1 4 and 5 Syrup for cocoa and chocolate Reduction of viscosity 4 and 5 Sugar Recovery from scrap candy 4 and 5 Distilled beverages Mashing 4 and 5 Precooked cereals Modification of cereal starches to 4 improve characteristics Protease Beer Chillproofing 4 Condiments Not reported 5 Milk Protein hydrolysis 5 1 Mashing is the conversion of starch to sugars.

In the published article by preparations. Although it is not possible variety of foods was widely recognized Underkofler et al. (Ref. 5), the authors to determine conclusively whether the by 1958. Therefore, the agency use the general terms ‘‘bacterial descriptor ‘‘bacterial’’ in the concludes that carbohydrase and amylase’’ and ‘‘bacterial protease’’ to Underkofler and Ferracone article refers protease enzyme preparations derived refer to bacterially-derived carbohydrase to B. subtilis, the use of this term by the from B. subtilis were in common use in and protease enzyme preparations used same principal author in two scientific food prior to January 1, 1958. in food at the time of the article. articles published in consecutive years 2. Bacillus Amyloliquefaciens However, the article also includes a to describe the source of protease and table in which the source bacterium for carbohydrase enzyme preparations used According to the petitioner (Refs. 8 bacterially-derived enzyme preparations in the food industry, coupled with the and 14 through 16), the species B. is identified as B. subtilis. identification of the source bacterium amyloliquefaciens was not classified In the published article by for these enzyme preparations as B. under the name B. amyloliquefaciens Underkofler and Ferracone (Ref. 4), the subtilis in the Underkofler et al. article, until it was taxonomically separated authors use the general terms ‘‘bacterial makes it likely that the source bacterium from the species B. subtilis in the late carbohydrase’’ and ‘‘bacterial protease’’ referred to by Underkofler and 1980’s (Refs. 17 and 18). Therefore, the to refer to bacterially-derived Ferracone was in fact B. subtilis. petitioner asserts, references in carbohydrase and protease enzyme The food uses shown in Table 2, using contemporaneous scientific literature to preparations used in food at the time of terminology from the cited reference(s), pre-1958 food use of enzyme the article. Unlike the Underkofler et al. were documented in articles that were preparations from B. amyloliquefaciens article, however, the Underkofler and published before or during 1958; the occur under the name B. subtilis. Ferracone article does not identify the cited references demonstrate that the With respect to carbohydrase source bacterium for these enzyme use of these enzyme preparations in a components of the petitioned enzyme

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19890 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations preparations, the petitioner cites minute quantities to perform their carbohydrase and protease enzymes scientific literature describing a function. When used in accordance with from other microorganisms that FDA distinctive group of bacteria, within the current good manufacturing practice has evaluated and found to be safe and group originally considered to be B. (CGMP), the amounts added to food that are routinely consumed as part of subtilis, that are known to possess a represent only a minute fraction of the a normal diet in the United States. For high level of α-amylase activity and are total food mass. FDA estimates dietary example, FDA has affirmed the use of a currently designated as B. exposure to enzyme preparations mixed carbohydrase and protease amyloliquefaciens (Refs. 19 through 22). derived from B. subtilis or B. enzyme preparation derived from The petitioner also cites a scientific amyloliquefaciens at 200 mg/person/day Bacillus licheniformis is GRAS (see 21 review article (Ref. 23) that states that (Ref. 24). This estimate is exaggerated CFR 184.1027). In addition, the source organism for commercial because the agency used the total carbohydrases derived from various preparations of α-amylase from B. consumption of microbially-derived fungi (e.g., Rhizopus niveus, Rhizopus amyloliquefaciens was called B. subtilis enzyme preparations in food as an oryzae, and A. niger) are approved for prior to its current designation as B. approximation for the consumption of use as secondary direct food additives amyloliquefaciens. With respect to the enzyme preparations derived from B. (see 21 CFR 173.110, 173.130, and protease components of the petitioned subtilis or B. amyloliquefaciens. Thus, 173.120, respectively). enzyme preparations, the petitioner the estimate relies on the worst-case In general, issues relevant to a safety cites a statement in the same scientific assumption that all microbially-derived evaluation of proteins such as the review article (Ref. 23) that most enzyme preparations that are consumed enzyme component of an enzyme bacterial protease preparations in food are derived from B. subtilis or preparation are potential toxicity and produced before 1960 were derived B. amyloliquefaciens. This assumption allergenicity. Pariza and Foster (Ref. 1) from B. amyloliquefaciens. is extremely conservative because there note that very few toxic agents have As FDA noted in the preamble to are numerous microbially-derived enzymatic properties, and those that do another final rule affirming an enzyme enzyme preparations that are GRAS for (e.g., diphtheria toxin and certain preparation as GRAS (58 FR 27197 at use in food (see, e.g., 21 CFR 184.1012, enzymes in the venom of poisonous 27199, May 7, 1993), the taxonomic 184.1027, 184.1387, 184.1388, 184.1924, snakes) catalyze unusual reactions that placement and name of an organism and 184.1985). are not related to the types of catalysis may change as a result of scientific that are common in food processing and advances. If internationally accepted 1. The Enzyme Components that are the subject of this document. rules of nomenclature are observed, Enzymes, including carbohydrase and Further, as the agency has noted in the references to a particular organism can protease enzymes in the enzyme context of guidance to industry be followed historically in the scientific preparations that are the subject of this regarding the safety assessment of new literature. Thus, changes in the document, are naturally occurring plant varieties, enzymes do not taxonomic placement of an organism proteins that are ubiquitous in living generally raise safety concerns (57 FR should not affect the ability to identify organisms. A wide variety of enzymes 22984 at 23000, May 29, 1992). scientific references to the organism, has always been present in human food. Exceptions include enzymes that including scientific references to its Many naturally occurring enzymes catalyze the formation of toxic toxigenicity, pathogenicity, or use in the remain active in unprocessed food and substances or substances that are not production of food or enzymes.In therefore are consumed as active ordinarily digested and metabolized. reviewing the petition, FDA has enzymes. For example, active enzymes The catalytic activities of the enzymes evaluated whether the scientific are present in fresh fruits and vegetables that are the subject of this document are information documenting pre-1958 food and are not inactivated unless the fruits well known; they split proteins or use of bacterially-derived carbohydrase or vegetables are cooked (Refs. 1 and carbohydrates into smaller subunits that and protease enzyme preparations 25). are readily metabolized by the human pertains to carbohydrase and protease Enzymes derived from body and that do not have toxic enzyme preparations from B. microorganisms have been used as properties. amyloliquefaciens. Although it is not components of foods that have been According to Pariza and Foster (Ref. possible to determine conclusively safely consumed as part of the diet 1), there have been no confirmed reports whether any one reference to B. subtilis throughout human history (Ref. 26). For of allergies or primary irritations in in the scientific literature refers to the example, such common foods as bread consumers caused by enzymes used in species now referred to as B. and yogurt are produced using enzymes food processing. There have been, amyloliquefaciens, the totality of the derived from microorganisms (Refs. 26 however, some reports of allergies and scientific evidence supports a and 27). primary irritations from skin contact determination that some carbohydrase The carbohydrase and protease with enzymes or inhalation of dust from and some protease enzyme preparations enzymes in the enzyme preparations concentrated enzymes (for example, that were described in scientific that are the subject of this document are proteases used in the manufacture of literature documenting their common substantially equivalent 2 to laundry detergents) (Refs. 29 through use in food before 1958 as derived from 31). These reports relate primarily to B. subtilis were in fact derived from B. 2 A 1996 report of the joint Food and Agriculture workers in production plants (Ref. 30) amyloliquefaciens. Therefore, the Organization and World Health Organization (FAO/ and are not relevant to an evaluation of agency concludes that carbohydrase and WHO) consultation group (Ref. 28) stated that protease enzyme preparations derived ‘‘[s]ubstantial equivalence embodies the concept discussed more fully in FDA’s proposal to amend that if a new food or food component is found to the agency’s regulations pertaining to substances from B. amyloliquefaciens were in be substantially equivalent to an existing food or that are generally recognized as safe (62 FR 18938 common use in food prior to January 1, food component, it can be treated in the same at 18944, April 17, 1997), international expert 1958. manner with respect to safety (i.e. the food or food groups such as the FAO/WHO consultation group component can be concluded to be as safe as the and the Organization for Economic Co-operation B. Corroborating Evidence of Safety conventional food or food component). Account and Development (OECD) consultation group have should be taken of any processing that the food or recommended that the concept of ‘‘substantial Because enzymes are highly efficient food component may undergo as well as the equivalence’’ be applied to the safety assessment of catalysts, they are needed in only intended use and the intake by the population.’’ As foods and substances intentionally added to food.

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19891 the safety of ingestion of such enzymes easily transferred to other disease. These authors characterized B. in food. microorganisms in the environment subtilis as an opportunistic The 1977 report of the Select (e.g., in the gastrointestinal tract). The microorganism with no pathogenic Committee on GRAS substances presence of antibiotics in the food potential to humans. Although they concerning the plant enzyme papain supply would be expected to favor the reported that cultures from some (Ref. 29) supports the view that the growth of microorganisms resistant to patients with opportunistic infections ingestion of an active protease at levels the antibiotic, and thus could accelerate have revealed the presence of B. subtilis found in food products is not likely to the spread of antibiotic resistance along with other microorganisms, they affect the human gastrointestinal tract, among microorganisms, including attributed the presence of B. subtilis in where many proteases already exist at human pathogens, rendering them these cultures to the virtual ubiquity of levels adequate to digest food: resistant to therapy with antibiotic this microorganism in the environment In common with other proteolytic drugs. Therefore, experts have (e.g., B. subtilis commonly occurs in the enzymes, papain digests the mucosa and recommended that microbial-derived soil and can be isolated in the home musculature of tissues in contact with the enzyme preparations that are intended environment from sites such as the active enzyme for an appreciable period. Because there is no food use of papain that for food use not contain clinically kitchen and bathroom). De Boer and could result in the enzyme preparation important antibiotics (Refs. 1 and 32). Diderichsen also noted that only occurring in sufficient amount in foods to Accordingly, FDA has evaluated the patients treated with produce these effects, this property does not potential for carbohydrase or protease immunosuppressive drugs appeared to pose a dietary hazard. enzyme preparations derived from B. be susceptible to such infections. FDA concludes that generally subtilis or B. amyloliquefaciens to Moreover, viable cells, which are not available and accepted data and contain antibiotics as contaminants present in finished enzyme information corroborate the safety of the derived from the bacterial source. preparations, would be a prerequisite enzyme components of the enzyme Although Bacillus species are capable of for any opportunistic infection in an preparations that are the subject of this producing a number of linear or cyclic immunocompromised patient. De Boer document by establishing that these polypeptide antibiotics following the and Diderichsen also reported that their enzyme components are identical or exponential phase of growth as part of search for references on B. substantially equivalent to enzymes that the process of spore formation (Ref. 33), amyloliquefaciens infections revealed are known to have been safely the production of antibiotics can be no such cases. As discussed in section consumed in the diet for many years. repressed by selection of strains that IV.A.2 of this document, any references FDA also concludes that generally produce low or undetectable levels of to B. amyloliquefaciens prior to the late available and accepted data and antibiotics as well as by strict control of 1980’s would be expected to occur information corroborate that the enzyme the growth conditions. In addition, the under the name B. subtilis. components of the enzyme preparations enzyme preparations can be tested for A few reports have implicated B. that are the subject of this document are the presence of antibiotic activity by subtilis as a potential source of food nontoxigenic and nonallergenic when routine methods (Ref. 34) to ensure that poisoning when present as a ingested. they do not contain antibiotics. Because contaminant in food (Refs. 36 and 37). 2. Enzyme Sources, Manufacturing of safety concerns about the presence of However, a particular strain of virtually Methods, and Processing Aids antibiotics in substances added to food, any microorganism may, under certain a condition of agency affirmation of circumstances, mutate to become an Enzyme preparations used in food GRAS status for the enzyme opportunistic pathogen. Therefore, FDA processing are usually not chemically preparations that are the subject of this considered these reports in the context pure; in addition to the enzyme document is that the enzyme of: (1) The information summarized in component(s), they may contain other preparations not contain antibiotics. the monograph on microbial enzymes components derived from the b. Toxicity and pathogenicity. A (Ref. 12); (2) the scientific review article production organism and the published scientific review article (Ref. describing Bacillus species other than fermentation medium, residual amounts 23) states that Bacillus species, with the those in the B. cereus group as of processing aids, and substances exception of the B. cereus group (which nontoxigenic (Ref. 23); (3) the added as stabilizers, preservatives, or does not include B. subtilis or B. documented consumption of B. subtilis diluents. The agency has concluded that amyloliquefaciens) do not produce bacteria in the Japanese food natto (Ref. the enzyme components of the toxins. Another published scientific 35); and (4) the characterization by de carbohydrase and protease enzyme review article on the safety of B. subtilis Boer and Diderichsen of B. subtilis as an preparations derived from B. subtilis or and B. amyloliquefaciens (Ref. 35) notes opportunistic microorganism with no B. amyloliquefaciens do not raise safety that B. subtilis is consumed in large pathogenic potential to humans (Ref. concerns; therefore, the remaining safety quantities in the Japanese food natto. 36). Based on this information, FDA issue is whether other components of Further, according to a monograph on concludes that nontoxigenic and the enzyme preparations are toxic or microbial enzymes that was prepared nonpathogenic strains of B. subtilis are raise other safety concerns. under the auspices of the agency- widely available and have been safely a. Antibiotics. Some microorganisms initiated review of GRAS substances used in a variety of food applications. are capable of producing antibiotics, conducted during the 1970’s, there had Because an enzyme preparation derived which are a special class of metabolites been no reported problems of from a toxigenic or pathogenic source that can inhibit the growth of, or kill, pathogenicity or toxicity with enzyme would not be GRAS, a condition of other microorganisms. Some preparations derived from B. subtilis for agency affirmation of GRAS status for microorganisms have genetic traits that use in food as of the time of that review the enzyme preparations that are the make them resistant to one or more (Ref. 12). subject of this document is that the antibiotics such as penicillin, More recently, de Boer and bacterial strains used as a source of tetracycline, and kanamycin. These Diderichsen (Ref. 35) searched the these enzyme preparations be traits or markers are often located on scientific literature for references that nontoxigenic and nonpathogenic. plasmids (extrachromosomal pieces of might implicate B. subtilis or B. c. Manufacturing methods and deoxyribonucleic acid (DNA) that are amyloliquefaciens as a cause of human processing aids. Enzyme preparations

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19892 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations that are manufactured in accordance used at low levels and are inactivated from B. subtilis at a 1-percent level with CGMP using the methods after the treatment of food, they may (equivalent to approximately 1 gram of described in section III.B of this elicit allergic reactions and other enzyme preparation per kilogram of document meet the general biological activities which could be body weight per day). This level is more requirements and additional detrimental to human health. In support than 300 times greater than the highest requirements in the monograph on of this statement, the comment cited a level that would be expected in the enzyme preparations in the Food published scientific article (Ref. 38) that human diet (200 mg/person/day, or 3.3 Chemicals Codex, 4th ed. (Ref. 3). Such reported that enzyme preparations from mg/kg body weight per day for a 60 kg enzyme preparations are produced B. subtilis caused temporary weight loss person), as estimated in section IV.B of using substances that are acceptable for and aggravated infection in mice when this document. use in foods and under culture injected into the abdominal cavity and conditions that ensure a controlled caused hemolysis and hemagglutination With respect to the comment’s fermentation, thus preventing the of sheep erythrocytes in in vitro studies. assertion that enzyme preparations introduction of extraneous FDA has evaluated the comment and should be declared on the label of foods microorganisms that could be the source the article it cited. For the following two in which they are used, the agency notes of toxic materials and other toxic reasons, FDA concludes that the study that under certain circumstances, substances (Ref. 3). cited by the comment is not relevant to applicable regulations already require FDA concludes that generally food uses of the bacterial enzyme use of an enzyme preparation in a food available and accepted data and preparations that are the subject of this to be declared on the label, depending information corroborate the safety of document. upon the nature of the enzyme carbohydrase and protease enzyme First, the paper did not identify the preparation’s use and technical effect in preparations derived from nontoxigenic composition of the B. subtilis enzyme the food. Section 403(i)(2) of the Federal and nonpathogenic strains of B. subtilis preparations tested. The preparations Food, Drug, and Cosmetic Act (21 U.S.C. or B. amyloliquefaciens and were intended for use in laundry 343(i)(2)) requires that all ingredients of manufactured in accordance with CGMP detergents; such nonfood grade enzyme multi-ingredient foods be listed on the by establishing that any added preparations need not conform to label of the food. By regulation, FDA has substances or impurities derived from specifications for enzyme preparations exempted certain ingredients that are used in food processing. For example, the enzyme source or introduced during used only as processing aids from this nonfood grade enzyme preparations the manufacturing of such enzyme requirement. Section 101.100(a)(3)(ii)(a) preparations would not be expected to may include processing aids that are not and (a)(3)(ii)(c) (21 CFR present health concerns. acceptable for food use. Because of such differences, the results from the testing 101.100(a)(3)(ii)(a) and (a)(3)(ii)(c)) V. Comments of laundry cleaning enzyme provides an exemption from the FDA received seven comments in preparations have little value in the ingredient listing requirement for response to the filing notice and none in safety assessment of food-processing processing aids that are added to a food response to the amendment notices. Of enzyme preparations. for their technical or functional effect these, FDA received two comments from Second, in the cited study, adverse during processing, but are either food manufacturers, two from trade effects were observed in mice after the removed from the food before packaging associations, one from a manufacturer of intraperitoneal administration of B. or are present in the finished food at enzymes for use in animal feed, one subtilis autolysates. However, exposure insignificant levels and do not have any from a pharmaceutical manufacturer, to enzyme preparations in food occurs technical or functional effect in the and one from a consumer group. Six by ingestion and not by injection. The finished food. Although many enzyme comments supported the petition for difference in the route of exposure is preparations are used as processing aids GRAS affirmation, stating that the particularly significant for assessing the in food (e.g., amylase preparations used enzyme preparations included in the significance of immunological effects. in the manufacture of glucose syrup and petition have a long history of use in With intraperitoneal administration, the protease preparations used in the foods such as cheese, bread, and corn components of the immune system are manufacture of protein hydrolysates), syrup. directly exposed to a high level of the other enzyme preparations that are One comment stated that B. subtilis test compound. This contrasts with added during processing (e.g., protease has a history of use in animal feed and exposure to enzyme preparations in preparations used in tenderizing meat) requested GRAS affirmation for this use. food, whereby low levels of the enzyme are not processing aids as defined in However, the petition is for the use of preparations are ingested and undergo § 101.100(a)(3)(ii) because they remain certain enzyme preparations in human hydrolysis by digestive enzymes before active in the finished food product. For food, and not in animal feed. Therefore, any interaction with the immune example, enzymes used in the the agency finds that this comment is system. Pariza and Foster (Ref. 1) note not relevant to the petition. that there are no confirmed reports of manufacture of swiss and cheddar One comment asserted that enzyme allergic reactions in consumers caused cheese remain active in the finished preparations should not be considered by enzymes used in food processing. cheese, enhancing body, flavor, and GRAS. The comment further asserted Moreover, a report of the Joint Food aroma (49 FR 29242, July 19, 1984). that the use of enzyme preparations and Agriculture Organization/World Because such effects in the finished should be declared on the label of foods Health Organization Expert Committee food remove the enzymes from the and that consumers should be warned on Food Additives (JECFA) corroborates ingredient listing exemption for about hazards inherent in their use. The the safety of food uses of enzyme processing aids in § 101.100(a)(3)(ii)(c), comment stated that enzyme preparations from B. subtilis (Ref. 39). the use of such enzymes must be preparations are rarely purified to any This report concluded that results from declared on the label. Therefore, significant degree and contain a variety a 90-day feeding study in rats showed whether a label declaration is needed of cellular constituents and metabolic no adverse effects. The test diet was for the use of an enzyme preparation in debris. The comment further argued meat protein-based and supplemented a food will depend upon its function that, although enzyme preparations are with a protease enzyme preparation and effect in the food.

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VI. Conclusions agency is including in §§ 184.1148(a) economic, environmental, public health The petitioner has provided generally and 184.1150(a) the EC numbers of the and safety effects; distributive impacts; available evidence demonstrating that enzymes that supply the characterizing and equity). According to Executive carbohydrase and protease enzyme enzyme activities of each preparation. In Order 12866, a regulatory action is preparations from B. subtilis were in order to make clear that the affirmation significant if it meets any one of a common use in food prior to 1958. FDA of the GRAS status of these enzyme number of specified conditions, has determined, under § 170.30(a) and preparations is based on the evaluation including having an annual effect on the (c)(1), that this information provides an of specific uses, the agency is including economy of $100 million, adversely adequate basis upon which to conclude in §§ 184.1148(c) and 184.1150(c) the affecting in a material way a sector of technical effect and the specific that the safety of these enzyme the economy, competition, or jobs, or substances on which each enzyme preparations for use in food is generally raising novel legal or policy issues. FDA preparation acts, although the data show recognized among the community of finds that this final rule is not a no basis for a potential risk from any experts qualified by scientific training significant regulatory action as defined foreseeable use of these enzyme and experience to evaluate the safety of by Executive Order 12866. In addition, preparations. the agency has determined that this food ingredients. For simplicity, FDA is affirming the The petitioner has also provided final rule is not a major rule for the GRAS status of both carbohydrase purpose of Congressional review. generally available evidence enzyme preparations in a single demonstrating that the bacterium now The primary benefit of this action is combined regulation that describes the to remove uncertainty about the known as B. amyloliquefaciens was source of the enzyme as B. subtilis or B. formerly included within the B. subtilis regulatory status of the petitioned amyloliquefaciens, rather than affirming substances. No compliance costs are classification. Based on its analysis of the GRAS status of carbohydrase the data submitted, the agency associated with this final rule because derived from B. subtilis separately from no new activity is required and no concludes that the evidence of common that of carbohydrase derived from B. use in food pertains to carbohydrase and current or future activity is prohibited amyloliquefaciens. Likewise, FDA is by this rule. protease enzyme preparations from the affirming the GRAS status of both bacterium now known as B. protease enzyme preparations in a IX. Regulatory Flexibility Analysis amyloliquefaciens as well as to single combined regulation that FDA has examined the impacts of this carbohydrase and protease enzyme describes the source of the enzyme as B. final rule under the Regulatory preparations from B. subtilis. subtilis or B. amyloliquefaciens. Flexibility Act. The Regulatory This evidence of common use in food To ensure that the enzyme Flexibility Act (5 U.S.C. 601–612) prior to 1958 is corroborated by preparations are of suitable purity for requires agencies to consider information that the enzymes use in food, FDA is including in the alternatives that would minimize the themselves and the sources from which regulations the general requirements economic impact of their regulations on they are derived are nontoxic and and additional requirements for enzyme small entities. No compliance costs are nontoxicogenic, and that manufacturing preparations in the monograph associated with this final rule because will not introduce impurities that would ‘‘Enzyme Preparations’’ in the Food no new activity is required and no adversely affect the safety of the Chemicals Codex, 4th ed. (1996) as current or future activity is prohibited. finished enzyme preparations. general specifications for these enzyme Accordingly, under the Regulatory Moreover, the carbohydrase and preparations. Furthermore, to ensure Flexibility Act (5 U.S.C. 605(b)), the protease enzyme preparations from B. that the use of these enzyme agency certifies that this final rule will subtilis and B. amyloliquefaciens are preparations does not promote the not have a significant economic impact substantially equivalent to enzymes development of antibiotic resistance, the on a substantial number of small naturally present in foods that have agency is specifying that the enzyme entities. been safely consumed in the human diet preparations must be free of antibiotic for many years. activity as determined by a suitable X. Paperwork Reduction Act of 1995 Having evaluated the information in method (e.g., the method described in This final rule contains no collections the petition, along with other available Ref. 34). of information. Therefore, clearance by information related to the use of these the Office of Management and Budget VII. Environmental Considerations enzyme preparations, the agency under the Paperwork Reduction Act of concludes that carbohydrase enzyme The agency has determined under 21 1995 is not required. preparation and protease enzyme CFR 25.32(f) that this action is of a type preparation derived from either B. that does not individually or XI. Effective Date subtilis or B. amyloliquefaciens are cumulatively have a significant effect on As this rule recognizes an exemption GRAS under conditions of use the human environment. Therefore, from the food additive definition in the consistent with CGMP. The agency is neither an environmental assessment Federal Food, Drug, and Cosmetic Act, basing its conclusion on evidence of a nor an environmental impact statement and from the approval requirements substantial history of safe consumption is required. applicable to food additives, no delay in of the enzyme preparations in food by effective date is required by the VIII. Analysis for Executive Order a significant number of consumers prior Administrative Procedure Act, 5 U.S.C. 12866 to 1958, corroborated by the other 553(d). The rule will therefore be evidence summarized in section IV.B of FDA has examined the impacts of this effective immediately (5 U.S.C. this document. final rule under Executive Order 12866. 553(d)(1)). FDA is affirming that the use of these Executive Order 12866 directs Federal bacterially-derived carbohydrase and agencies to assess the costs and benefits XII. References protease enzyme preparations in food is of available regulatory alternatives and, The following references have been GRAS with no limits other than CGMP when regulation is necessary, to select placed on display in the Dockets (21 CFR 184.1(b)(1)). To clarify the regulatory approaches that maximize Management Branch (address above) identity of each enzyme preparation, the net benefits (including potential and may be seen by interested persons

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19894 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations between 9 a.m. and 4 p.m., Monday amyloliquefaciens sp. nov., nom. rev.,’’ 35. De Boer, A. S., and B. Diderichsen, ‘‘On through Friday. International Journal of Systematic the Safety of Bacillus subtilis and Bacillus 1. Pariza, M. W., and E. M. Foster, Bacteriology, vol. 37, pp. 69–71, 1987. amyloliquefaciens: A Review,’’ Applied ‘‘Determining the Safety of Enzymes Used in 18. Priest, F. G., M. Goodfellow, and C. Microbiology and Biotechnology, vol. 36, pp. Food Processing,’’ Journal of Food Protection, Todd, ‘‘A numerical classification of the 1–4, 1991. vol. 46, pp. 453–468, 1983. genus Bacillus,’’ Journal of General 36. Sneath, P. H. A., ‘‘Endospore-forming 2. Scott, D., ‘‘Enzymes, Industrial,’’ Microbiology, vol. 134, pp. 1847–1882, 1988. Gram-Positive Rods and Cocci,’’ in Bergey’s Encyclopedia of Chemical Technology, 19. Baptist, J. N., M. Mandel, and R. J. Manual of Systematic Bacteriology, edited by edited by H. F. Mark et al., John Wiley and Gherna, ‘‘Comparative zone electrophoresis P. H. A. Sneath et al., Williams & Wilkins, Sons, New York, 3d ed., vol. 9, pp. 173–224, of enzymes in the genus Bacillus,’’ vol. 2, pp. 1104–1139, Baltimore, 1986. 1978. International Journal of Systematic 37. Gilbert, R. J, P. C. B. Turnbull, J. M. 3. Monograph on ‘‘Enzyme Preparations,’’ Bacteriology, vol. 28, pp. 229–244, 1978. Parry, and J. M. Kramer, ‘‘Bacillus cereus and Food Chemicals Codex, National Academy 20. Gordon, R. E., W. C. Haynes, and C. other Bacillus Species: Their Part in Food Press, Washington, DC, 4th ed., pp. 131 and Hor-Nay Pang, ‘‘The genus Bacillus,’’ U.S. Poisoning and other Clinical Infections,’’ in 133–134, 1996. Department of Agriculture, 1973. The Endospore-forming Bacteria, edited by 4. Underkofler, L. A., and W. J. Ferracone, 21. Welker, N. E., and L. L. Campbell, Berkeley and Goodfellow, Academic Press, ‘‘Commercial Enzymes—Potent Catalyzers ‘‘Unrelatedness of Bacillus amyloliquefaciens London, pp. 297–314, 1981. that Promote Quality,’’ Food Engineering, and Bacillus subtilis,’’ Journal of 38. Dubos, R., ‘‘Toxic Factors in Enzymes vol. 29, pp. 123, 125–126, 130, and 133, Bacteriology, vol. 94, pp. 1124–1130, 1967. Used in Laundry Products,’’ Science, vol. 1957. 22. Welker, N. E., and L. L. Campbell, 173, pp. 259–260, 1971. ‘‘Comparison of the alpha-amylase of 5. Underkofler, L. A., R. R. Barton, and S. 39. ‘‘Toxicological Evaluation of Some Bacillus amyloliquefaciens and Bacillus S. Rennet, ‘‘Microbiological Process Report— Enzymes, Modified Starches, and Certain subtilis,’’ Journal of Bacteriology, vol. 94, pp. Production of Microbial Enzymes and Their Other Substances,’’ 15th report of the Joint 1131–1135, 1967. Applications,’’ Applied Microbiology, vol. 6, Food and Agriculture Organization (FAO)/ 23. Aunstrup, K., ‘‘Production, Isolation, pp. 212–221, 1958. and Economics of Extracellular Enzymes,’’ World Health Organization (WHO) Expert 6. Beckhorn, E. J., M. D. Labee, and L. A. Applied Biochemistry and Bioengineering, Committee on Food Additives, WHO Underkofler, ‘‘Production and Use of vol. 2, pp. 27–69, 1979. Technical Report Series, FAO Nutrition Microbial Enzymes for Food Processing,’’ 24. Memorandum dated June 6, 1985, from Meetings Report Series, pp. 3–10, 1972. Journal of Agricultural and Food Chemistry, John Modderman, Food Additive Chemistry List of Subjects in 21 CFR Part 184 vol. 13, pp. 30–34, 1965. Evaluation Branch, to L. Lin, GRAS Review 7. Comments of Ad Hoc Enzyme Technical Branch. ‘‘Enzymes proposed for GRAS Food additives, Food ingredients, Committee regarding FDA’s draft final affirmation based on history of use.’’ Incorporation by reference. regulations, entitled ‘‘Enzymes Proposed for 25. De Becze, G. I., ‘‘Food Enzymes,’’ Affirmation as GRAS,’’ with a letter dated Therefore, under the Federal Food, Critical Reviews in Food Technology, vol. 1, Drug, and Cosmetic Act and under December 21, 1984, from Roger D. pp. 479–518, 1970. Middlekauff, Ad Hoc Enzyme Technical authority delegated to the Commissioner 26. Phaff, H. J., M. W. Miller, and E. M. of Food and Drugs, and redelegated to Committee, to Kenneth A. Falci, FDA. Mrak, ‘‘The Life of Yeasts, Their Nature, 8. Response of the Enzyme Technical Activity, Ecology, and Relation to Mankind,’’ the Director, Center for Food Safety and Association to the letter dated December 13, Harvard University Press, Cambridge, MA, Applied Nutrition, 21 CFR part 184 is 1985, of Lawrence Lin regarding GRASP pp. 1–6, 133–149, 1966. amended as follows: 3G0016, received February 18, 1986. 27. Wilcox, G. ‘‘Manufacture of Yogurt’’ 9. Smythe, C. V., ‘‘Microbiological from ‘‘Eggs Cheese and Yogurt Processing,’’ PART 184ÐDIRECT FOOD Production of Enzymes and Their Practical Noyes Data Corp., p. 269, 1971. SUBSTANCES AFFIRMED AS Applications,’’ Economic Botany, vol. 5, pp. 28. ‘‘Biotechnology and Food Safety,’’ Food GENERALLY RECOGNIZED AS SAFE 126–144, 1951. and Agriculture Organization, Rome, 1996. 10. Reed, G., ‘‘Enzymes, Industrial,’’ 29. ‘‘Evaluation of the Health Aspects of 1. The authority citation for 21 CFR Encyclopedia of Chemical Technology, Papain as a Food Ingredient,’’ Select part 184 continues to read as follows: edited by R. E. Kirk and D. F. Othmer, Committee on GRAS Substances, Authority: 21 U.S.C. 321, 342, 348, 371. Interscience Encyclopedia, Inc., New York, Washington, DC, available through U.S. 1st supplemental vol., pp. 294–312, 1957. Department of Commerce, National 2. Section 184.1148 is added to 11. Fogarty, W. M., editor, Microbial Technical Information Service, Order No. subpart B to read as follows: Enzymes and Biotechnology, Applied PB–274–174, 1977. Science Publishers, New York, NY, pp. 1–11, 30. Fulwiler, R. D., ‘‘Detergent Enzymes— 22–25, 34–35, 111–113, 115–118, 162–173, § 184.1148 Bacterially derived An Industrial Hygiene Challenge,’’ American carbohydrase enzyme preparation. 259–260, 282–286, 1983. Industrial Hygiene Association Journal, vol. 12. Rogers, R.W., ‘‘Monograph on 32, pp. 73–81, 1971. (a) Bacterially derived carbohydrase Microbial Enzymes,’’ Informatics, Inc., vol. 1, 31. ‘‘Enzyme–containing Laundering enzyme preparation is obtained from the pp. 1–16, 1977. Compounds and Consumer Health,’’ National culture filtrate resulting from a pure 13. Reed, G., ‘‘Industrial Enzymes—Now Research Council/National Academy of culture fermentation of a nonpathogenic Speed Natural Processes,’’ Food Engineering, Sciences, National Technical Information and nontoxigenic strain of Bacillus vol. 24, pp. 105–109, 1952. Service, Washington, DC, Order No. PB–204– subtilis or B. amyloliquefaciens. The 14. Response of the Enzyme Technical 118, 1971. Association to the letter dated June 26, 1986, 32. Reanney, D., ‘‘Extrachromosomal preparation is characterized by the of Lawrence J. Lin regarding GRASP 3G0016, presence of the enzymes α-amylase (EC Elements as Possible Agents of Adaptation β received with a letter dated October 3, 1986, and Development,’’ Bacteriological Reviews, 3.2.1.1) and -glucanase (EC 3.2.1.6), from Roger D. Middlekauff of the Enzyme vol. 40, pp. 552–590, 1976. which catalyze the hydrolysis of O- Technical Association, to Lawrence J. Lin, 33. Fogarty, W. M., P. J. Griffine, and A. M. glycosyl bonds in carbohydrates. FDA. Joyce, ‘‘Enzymes of Bacillus species—Part 1,’’ (b) The ingredient meets the general 15. Letter dated August 17, 1995, from Process Biochemistry, vol. 9, pp. 11–13, 15, requirements and additional Gary L. Yingling, Enzyme Technical 17–18, 24, 1974. requirements in the monograph on Association, to Alan M. Rulis, FDA. 34. ‘‘Determination of Antibiotic Activity,’’ enzyme preparations in the Food 16. Letter dated April 16, 1996, from Alice Compendium of Food Additive J. Caddow, Enzyme Technical Association, to Specifications, vol. 2, Joint FAO/WHO Expert Chemicals Codex, 4th ed. (1996), pp. Linda Kahl, FDA. Committee on Food Additives (JECFA), Food 128–135, which is incorporated by 17. Priest, F. G., M. Goodfellow, L. A. and Agriculture Organization of the United reference in accordance with 5 U.S.C. Shute, and R. C. W. Berkeley, ‘‘Bacillus Nations, Rome, 1992. 552(a) and 1 CFR part 51. Copies are

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19895 available from the National Academy Washington, DC 20418, or may be SUMMARY: This notice withdraws an Press, 2101 Constitution Ave. NW., examined at the Center for Food Safety interim rule, published on March 25, Washington, DC 20418, or may be and Applied Nutrition’s Library, 200 C 1999, that would have permitted FHA examined at the Center for Food Safety St. SW., rm. 3321, Washington, DC, or insurance for a mortgage on a new home and Applied Nutrition’s Library, 200 C at the Office of the Federal Register, 800 to exceed a 90 percent loan-to-value St. SW., rm. 3321, Washington, DC, or North Capitol Street, NW., Suite 700 ratio if the home is covered by a 1-year at the Office of the Federal Register, 800 Washington, DC. In addition, antibiotic builder warranty that meets the North Capitol Street, NW., Suite 700, activity is absent in the enzyme requirements of HUD regulations. This Washington, DC. In addition, antibiotic preparation when determined by an rule would have replaced a 10-year activity is absent in the enzyme appropriate validated method such as builder warranty requirement. preparation when determined by an the method ‘‘Determination of antibiotic DATES: This withdrawal is effective appropriate validated method such as activity’’ in the Compendium of Food April 23, 1999. the method ‘‘Determination of antibiotic Additive Specifications, vol. 2, Joint FOR FURTHER INFORMATION CONTACT: activity’’ in the Compendium of Food FAO/WHO Expert Committee on Food Vance Morris, Director, Home Mortgage Additive Specifications, vol. 2, Joint Additives (JECFA), Food and Insurance Division, Room 9266, FAO/WHO Expert Committee on Food Agriculture Organization of the United Department of Housing and Urban Additives (JECFA), Food and Nations, Rome, 1992. Copies are Development, 451 Seventh Street, SW., Agriculture Organization of the United available from Bernan Associates, 4611– Washington, DC 20410, (202) 708–2700. Nations, Rome, 1992. Copies are F Assembly Dr., Lanham, MD 20706, or (This is not a toll free number.) For available from Bernan Associates, 4611– from The United Nations Bookshop, hearing- and speech-impaired persons, F Assembly Dr., Lanham, MD 20706, or General Assembly Bldg., rm. 32, New this number may be accessed via TTY from The United Nations Bookshop, York, NY 10017, or by inquiries sent to by calling the Federal Information Relay General Assembly Bldg., rm. 32, New ‘‘http://www.fao.org’’. Copies may be Service at 1–800–877–8339. York, NY 10017, or by inquiries sent to examined at the Center for Food Safety ‘‘http://www.fao.org’’. Copies may be SUPPLEMENTARY INFORMATION: On March and Applied Nutrition’s Library, 200 C 25, 1999, HUD published an interim examined at the Center for Food Safety St. SW., rm. 3321, Washington, DC. and Applied Nutrition’s Library, 200 C rule for public comment. This rule, (c) In accordance with § 184.1(b)(1), scheduled to take effect on April 27, St. SW., rm. 3321, Washington, DC. the ingredient is used in food with no (c) In accordance with § 184.1(b)(1), 1999, would have permitted FHA limitation other than current good insurance for a mortgage on a new home the ingredient is used in food with no manufacturing practice. The affirmation limitation other than current good to exceed a 90 percent loan-to-value of this ingredient as GRAS as a direct ratio if the home is covered by a 1-year manufacturing practice. The affirmation food ingredient is based upon the of this ingredient as GRAS as a direct builder warranty that meets the following current good manufacturing requirements of HUD regulations. This food ingredient is based upon the practice conditions of use: following current good manufacturing rule would have eliminated a 10-year (1) The ingredient is used as an builder warranty requirement. practice conditions of use: enzyme as defined in § 170.3(o)(9) of (1) The ingredient is used as an There was favorable reaction to HUD’s this chapter to hydrolyze proteins or enzyme as defined in § 170.3(o)(9) of change in warranty requirements when polypeptides. this chapter to hydrolyze first announced. However, since (2) The ingredient is used in food at polysaccharides (e.g., starch). publication of the interim rule, some (2) The ingredient is used in food at levels not to exceed current good affected parties have expressed concern levels not to exceed current good manufacturing practice. about the elimination of a 10-year manufacturing practice. Dated: March 26, 1999. warranty requirement and have 3. Section 184.1150 is added to L. Robert Lake, requested that HUD further consider the subpart B to read as follows: Director, Office of Policy, Planning and matter before allowing the change in Strategic Initiatives, Center for Food Safety warranty requirements to take effect. § 184.1150 Bacterially-derived protease and Applied Nutrition. HUD continues to believe, as noted in enzyme preparation. [FR Doc. 99–10011 Filed 4–22–99; 8:45 am] the interim rule, that the quality of (a) Bacterially derived protease BILLING CODE 4160±01±F housing and building technology has enzyme preparation is obtained from the improved so substantially that a 10-year culture filtrate resulting from a pure warranty requirement is excessive, and culture fermentation of a nonpathogenic a comprehensive 1-year builder DEPARTMENT OF HOUSING AND and nontoxigenic strain of Bacillus warranty provides valuable consumer URBAN DEVELOPMENT subtilis or B. amyloliquefaciens. The protection and is consistent with preparation is characterized by the 24 CFR Parts 203 and 204 current industry practices and presence of the enzymes subtilisin (EC requirements. Nevertheless, HUD agrees 3.4.21.62) and neutral proteinase (EC [Docket No. FR±4288±N±03] to further consider this issue. 3.4.24.28), which catalyze the HUD is therefore withdrawing the hydrolysis of peptide bonds in proteins. RIN 2502±AH08 March 25, 1999 interim rule. HUD will (b) The ingredient meets the general reissue this rule as a proposed rule and requirements and additional Withdrawal of Interim Rule on Builder take additional public comment on this requirements in the monograph on Warranty for High Ratio FHA-Insured subject. enzyme preparations in the Food Single Family Mortgages for New Accordingly, the interim rule to Chemicals Codex, 4th ed. (1996), pp. Homes amend 24 CFR parts 203 and 234, 128–135, which is incorporated by AGENCY: Office of the Assistant published on March 25, 1999, at 64 FR reference in accordance with 5 U.S.C. Secretary for Housing-Federal Housing 14572, entitled, Builder Warranty for 552(a) and 1 CFR part 51. Copies are Commissioner, HUD. High Ratio FHA-Insured Single Family available from the National Academy Mortgages for New Homes, is hereby ACTION: Withdrawal of interim rule. Press, 2101 Constitution Ave. NW., withdrawn.

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Dated: April 15, 1999. (1) On November 13, 1998, Congress applications already on file with the William C. Apgar, amended the Act of October 25, 1972, Aberdeen Area Office. Assistant Secretary for Housing-Federal Pub. L. 555, 86 Stat. 1168, to include a 2. Comment: If the Bureau of Indian Housing Commissioner. provision concerning verification of Affairs cannot process the applications [FR Doc. 99–10137 Filed 4–22–99; 8:45 am] Sisseton and Wahpeton Mississippi within 90 days, the rule should either BILLING CODE 4210±27±P Sioux Tribe ancestry. allow the Federal Court to conduct the (2) BIA held a meeting in Sioux Falls, review or enable the Secretary to retain South Dakota with a group of an independent commercial agency to DEPARTMENT OF THE INTERIOR approximately 30 Sisseton and do the review. Wahpeton Mississippi Sioux lineal Response: The approximately 3,000 Bureau of Indian Affairs descendants and others to discuss the applications that we have received are proposed rule that was published on mostly undocumented. They do not 25 CFR Part 61 July 8, 1998. include copies of birth certificates, RIN 1076±AD89 (3) We have received two public marriage certificates, proof of paternity, comments on the proposed rule. or, if deceased, death certificates. The Preparation of Rolls of Indians In light of these three occurences, we applications also do not include family AGENCY: Bureau of Indian Affairs, have made several changes to the history charts that show each generation Interior. provisions that we published in the between the applicant and an ancestor proposed rule. We have explained these named on the Sisseton and Wahpeton ACTION: Final rule. changes in the section of this preamble Mississippi Sioux Tribe rolls specified SUMMARY: The Bureau of Indian Affairs titled ‘‘Changes to the Proposed Rule.’’ under 25 U.S.C. 1300d–26(c). If we were to limit the review process to 90 days, is amending its regulations governing Review of Public Comments the compilation of rolls of Indians in we would have to deny most of the order to reopen the enrollment We received written comments from applications because they don’t include application process for the Sisseton and two individuals. Those comments and these documents. We would prefer not Wahpeton Mississippi Sioux Tribe. The our responses are as follows: to do this because most of the applicants amendment reopens the enrollment 1. Comment: We take issue with the are probably Sisseton and Wahpeton period to comply with a directive of the timing proposed for establishing the Mississippi Sioux lineal descendants. Eighth Circuit Court of Appeals, and to application deadline date and object to By extending the review process we will modify the standards used to verify steps two and three as set forth under have time to review each application Sisseton and Wahpeton Mississippi the provisions of ‘‘Application and ask the applicant for any Sioux Tribe ancestry. Deadline’’. Due to the court proceedings information that we cannot find in our DATES: This rule becomes effective on in the Loudner case, there has already records. May 24, 1999. been a great deal of publicity, We also do not think it is feasible for FOR FURTHER INFORMATION CONTACT: correspondence, newspaper articles, us to ‘‘allow the Federal Court to Daisy West, 202–208–2475. and published summaries about the conduct the review’’ under federal SUPPLEMENTARY INFORMATION: rights of lineal descendants since regulations. If the court were to assume October 1994. There have also been at jurisdiction of the review, it would Background least three public meetings at the Crow probably still leave the review process The Bureau of Indian Affairs must Creek and Yankton Sioux Reservations with us. We would be required to reopen the enrollment application in South Dakota. For that reason, the submit several thousand process authorized under 25 U.S.C. lineal descendants who would be recommendations to the court for 1300d–3(b) to give individuals another entitled to share in the judgment fund determination. Each determination opportunity to file applications to share distribution already know that judgment would then be subject to appeal. in the Sisseton and Wahpeton funds are available and that they can If the review is conducted by the Mississippi Sioux judgment fund apply for them. The application period Bureau of Indian Affairs, an distribution. The Eighth Circuit Court of should be set for a fixed period of 60 independent contractor, or under the Appeals decision in Loudner v. U.S., days. supervision of the court, the same 108 F. 3d 896 (8th Cir. 1997), held that Response: While there has been problem remains—insufficient the Bureau of Indian Affairs did not give publicity in North and South Dakota documentation to verify the applicant’s proper notice of the application period, about the reopening of this enrollment ancestry. If an applicant’s ancestry and that 5 months was not a sufficient period, there has been little if any cannot be sufficiently documented, then time period within which to file publicity about this in other parts of the the application must be denied under 25 applications, in light of the long delay United States. A flexible application U.S.C. 1300d–26(c). in distribution of the fund. period will allow us to continue As we’ve already explained, a 90-day This rule reopens the enrollment accepting applications until the limitation on the review process would period to allow adequate time for application review process is almost force us to deny the many applications eligible persons to enroll. It also complete without significantly affecting that do not include proof of Sisseton identifies the specific rolls that we will the time required to complete the and Wahpeton Mississippi Sioux use to verify Sisseton and Wahpeton review process. It will also give the ancestry. lineal descendants who live away from Mississippi Sioux Tribe ancestry as Changes to the Proposed Rule required by subsection 7(c) of Pub. L. the Sioux Indian reservations the 105–387. maximum opportunity to file As a result of the new legislation, we On July 8, 1998, the Bureau of Indian applications. As mentioned elsewhere have made the following changes to the Affairs (BIA) published a proposed in this preamble, we are reducing the rule: amendment to 25 CFR Part 61 in the number of days specified in step one of (1) We have added new criteria Federal Register at 63 FR 36866. Since the application process from 180 days to relating to ancestry in § 61.4(s)(1)(i)(A)– then, three things have happened: 90 days because of the number of (B). These new criteria replace the

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As a result of the public meeting and (3) We will hold community meetings This rule: comments, we have changed the on Indian reservations identified from (1) Does not have an annual effect on procedure that we will use to calculate the 1909 roll, including: Cheyenne the economy of $100 million or more. the deadline for receiving applications. River, Crow Creek, Upper Sioux, (2) Will not cause a major increase in Specifically, we have reduced the Sisseton-Wahpeton, Spirit Lake, Fort cost or prices for consumers, individual number of days that we will use in step Peck, Standing Rock, Lower Brule, industries, Federal, State, or geographic one of this procedure from 180 to 90. Yankton, Rosebud, and Pine Ridge. regions. (We have explained the procedure we At each of the community meetings (3) Does not have significant adverse will use to calculate the application we will: effects on competition, employment, deadline in the section of this preamble (1) Inform potential beneficiaries of investment, productivity, innovation, or titled ‘‘Application Deadline.’’) We have the reopening of the enrollment process the ability of U.S.-based enterprises to made this change because for this judgment fund; compete with foreign-based enterprises. approximately 3,000 individuals have (2) Inform potential beneficiaries of already contacted the BIA Aberdeen eligibility criteria; and Unfunded Mandates Reform Act Area Office concerning the reopening of (3) Help applicants to prepare and file This rule does not impose an the Sisseton and Wahpeton Mississippi applications. unfunded mandate on State, local, or Sioux enrollment application process. Previously Submitted Applications tribal governments or the private sector Application Deadline of more than $100 million per year. The We have on file applications rule does not have a significant or We have not established a firm submitted under § 61.4(s) that we unique effect on State, local or tribal application deadline in this rule. In denied because we received them after governments or the private sector. A order to allow adequate time for November 1, 1973. We will now process statement containing the information submitting and processing applications these applications. If you previously required by the Unfunded Mandates we will establish a deadline using the filed an application that we denied, you Reform Act (2 U.S.C. 1531 et seq.) is not following three steps: may wish to confirm that we have it and required. Step 1. On August 23, 1999, we will are processing it. To do this, please call count all applications that we have the Aberdeen Area Tribal Enrollment Takings (E.O. 12630) received. Office at (605) 226–7376. In accordance with Executive Order Step 2. We will note the date on Regulatory Planning and Review (E.O. 12630, the rule does not have significant which we complete processing of 90 12866) takings implications. A takings percent of the applications that we implication assessment is not required. receive by August 23, 1999. This document is not a significant Step 3. The application deadline will rule and is not subject to review by the Federalism (E.O. 12612) be 90 days after the date in Step 2. Office of Management and Budget under In accordance with Executive Order For example, if we receive 10 Executive Order 12866. 12612, the rule does not have significant applications by August 23, 1999, the (1) This rule will not have an effect of Federalism effects because it pertains final application deadline date will be $100 million or more on the economy. solely to Federal-tribal relations and 90 days after we process 9 applications. It will not adversely affect in a material will not interfere with the roles, rights Similarly, if we receive 10,000 way the economy, productivity, and responsibilities of states. applications by August 23, 1999, the competition, jobs, the environment, final application deadline date will be public health or safety, or State, local, Civil Justice Reform (E.O. 12988) 90 days after we process 9,000 or tribal governments or communities. In accordance with Executive Order applications. (2) This rule will not create a serious 12988, the Office of the Solicitor has After we establish the application inconsistency or otherwise interfere determined that this rule does not deadline, we will notify the same area with an action taken or planned by unduly burden the judicial system and directors, agency superintendents, and another agency. meets the requirements of sections 3(a) local newspapers that we notify after (3) This rule does not alter the and 3(b)(2) of the Order. publishing this rule. (See the section in budgetary effects or entitlement, grants, this preamble titled ‘‘Additional Notice user fees, or loan programs or the rights Paperwork Reduction Act and Public Meetings.’’) Our notification or obligations of their recipients. This rule requires collection of will include application/enrollment (4) This rule does not raise novel legal information from many enrollees. As criteria. or policy issues. required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d), the Regulatory Flexibility Act Additional Notice and Public Meetings Department submitted a copy of the We will take several steps to ensure The Department of the Interior application to the Office of Management that all potential applicants are certifies that this document will not and Budget (OMB) for its review. OMB informed of the reopening of the have a significant economic effect on a approved the application form and enrollment application period. substantial number of small entities assigned form number 1076–0145 with (1) We will notify all BIA Area under the Regulatory Flexibility Act (5 the expiration date of September 30, Directors and Agency Superintendents U.S.C. 601 et seq.). Because it makes 2001. and require them to post notices in area technical changes that do not affect the offices, agency offices, community substance of the rules there is no National Environmental Policy Act centers on and near reservations, and in economic effect at all, other than to This rule does not constitute a major Indian Health Clinics. improve the utility of the rules for users. Federal action significantly affecting the

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19898 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations quality of the human environment. A roll referred to in paragraphs (3) Deducted from the total project or detailed statement under the National (s)(1)(i)(B)(1), (2), or (3) of this section. program allowable cost in determining Environmental Policy Act of 1969 is not (ii) Be living on October 25, 1972; the net allowable costs on which the required. (iii) Be a citizen of the United States; Federal share of costs is based. (iv) Not be listed on the membership (c) When the Department authorizes List of Subjects in 25 CFR Part 61 rolls for the following tribes: the disposition of program income as Indians, Indians—claims. (A) The Flandreau Santee Sioux Tribe described in paragraphs (b)(1) or (b)(2), of South Dakota; of this section, program income in Dated: April 14, 1999. (B) The Santee Sioux Tribe of Kevin Gover, excess of any limits stipulated must be Nebraska; used in accordance with paragraph Assistant Secretary for Indian Affairs. (C) The Lower Sioux Indian (b)(3) of this section. For the reasons given in the preamble, Community at Morton, Minnesota; (d) In the event that the Department Part 61 of Chapter 1 of Title 25 of the (D) The Prairie Island Indian does not specify in its regulations or the Code of Federal Regulations is amended Community at Welch, Minnesota; terms and conditions of the award how as follows. (E) The Shakopee Mdewakanton program income is to be used, paragraph Sioux Community of Minnesota; (b)(3), of this section applies PART 61ÐPREPARATION OF ROLLS (F) The Spirit Lake Tribe (formerly automatically to all projects or OF INDIANS known as the Devils Lake Sioux of programs. North Dakota); (e) Unless the Department’s 1. The authority citation for 25 CFR (G) The Sisseton-Wahpeton Sioux regulations or the terms and conditions part 61 is revised to read as follows: Tribe of South Dakota; or of the award provide otherwise, Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9, (H) The Assiniboine and Sioux Tribes 1300d–3(b), 1300d–26, 1401 et seq. of the Fort Peck Reservation. recipients will have no obligation to the (v) Not be listed on the roll of Federal Government regarding program 2. In § 61.4, paragraph (s) is revised to income earned after the end of the read as follows: Mdewakantan and Wahpakoota lineal descendants prepared under 25 U.S.C. project period. § 61.4 Qualifications for enrollment and 1300d–1(b). (f) If authorized by the terms and the deadline for filing application forms. (2) The initial enrollment application conditions of the award, costs incident * * * * * period that closed on November 1, 1973, to the generation of program income (s) Sisseton and Wahpeton Mississippi is reopened as of May 24, 1999. The may be deducted from gross income to Sioux Tribe. (1) Persons meeting the application period will remain open determine program income, provided criteria in this paragraph are entitled to until further notice. these costs have not been charged to the enroll under 25 U.S.C. 1300d–3(b) to award. * * * * * (g) Proceeds from the sale of property share in the distribution of certain funds [FR Doc. 99–10208 Filed 4–22–99; 8:45 am] must be handled in accordance with the derived from a judgment awarded to the BILLING CODE 4310±02±P requirements of the Property Standards Mississippi Sioux Indians. To be (See § § 70.30 through 70.37). eligible a person must: (h) Unless the terms and conditions of (i) Be a lineal descendent of the DEPARTMENT OF JUSTICE the award provide otherwise, recipients Sisseton and Wahpeton Mississippi will have no obligation to the Federal Sioux Tribe; 28 CFR Part 70 Government with respect to program (A) Those individuals who applied for income earned from license fees and enrollment before January 1, 1998, and Uniform Administrative Requirements royalties for copyrighted material, whose applications were approved by for Grants and Agreements (Including patents, patent applications, trademarks, the Aberdeen Area Director before that Subawards) with Institutions of Higher and inventions produced under an same date, are deemed to appear in Education, Hospitals and Other Non- award. However, Patent and Trademark records and rolls acceptable to the Profit Organizations Amendments (35 U.S.C. 18) apply to Secretary or have a lineal ancestor CFR Correction inventions made under an experimental, whose name appears in these records; developmental, or research award. (B) Those individuals who apply for In Title 28 of the Code of Federal (i) Recipients must account for seized enrollment after January 1, 1998, or Regulations, parts 43 to End, revised as assets from the date of seizure until whose application was not approved by of July 1, 1998, the text appearing on forfeiture and liquidation of funds the Aberdeen Area Director before that page 339, following page 238, is occur. same date, must be able to trace ancestry incorrect and should be removed. The to a specific Sisseton or Wahpeton text on page 239 should read as follows: § 70.25 Revision of budget and program Mississippi Sioux Tribe lineal ancestor * * * * * plans. who was listed on: (b) Except as provided in paragraph (a) The budget plan is the financial (1) The 1909 Sisseton and Wahpeton (h) of this section, program income expression of the project or program as annuity roll; earned during the project period must approved during the award process. It (2) The list of Sisseton and Wahpeton be retained by the recipient and, in may include either the Federal and non- Sioux prisoners convicted for accordance with the Department Federal share, or only the Federal share, participating in the outbreak referred to regulations or the terms and conditions depending upon the Department’s as the ‘‘1862 Minnesota Outbreak’’; of the award, must be used in one or requirements. It must be related to (3) The list of Sioux scouts, soldiers, more of the ways listed in the following: performance for program evaluation and heirs identified as Sisseton and (1) Added to funds committed to the purposes whenever appropriate. Wahpeton Sioux on the roll prepared project by the Department and recipient (b) Recipients are required to report under the Act of March 3, 1891 (26 Stat. and used to further eligible project or deviations from budget and program 989 et seq., Chapter 543); or program objectives. plans, and request prior approvals for (4) Any other Sisseton or Wahpeton (2) Used to finance the non-Federal budget and program plan revisions, in payment or census roll that preceded a share of the project or program. accordance with this section.

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(c) For nonconstruction awards, We are also revising the criteria and type of research privilege (researcher recipients must request in writing prior procedures for private microfilming identification card and research approval from the Department for one or projects to provide more specific criteria privileges at research rooms where no more of the following program or budget as to the types of requests that will be card is required), following the format of related reasons: approved and conditions on that the then existing regulations. The (1) Change in the scope or the approval. These changes will affect conditions under which privileges objective of the project or program (even organizations that wish to prepare would be revoked, and appeal and if there is no associated budget revision microfilm publications from NARA reinstatement procedures were requiring prior written approval). holdings. identical. (2) Change in a key person specified DATES: Effective: May 24, 1999. In drafting this final rule we in the application or award document. Comments on § 1254.20(b) through reorganized the provisions to reflect the (3) The absence for more than three (d), which is adopted as an interim rule, steps of the process. We believe that the months, or a 25 percent reduction in must be received by June 22, 1999. reorganized format is easier to time devoted to the project, by the Comments will only be accepted on understand. No substantive changes approved project director or principal these paragraphs. NARA will issue a have been made from the proposed rule. investigator. final rule confirming or further We are issuing these provisions (4) The need for additional Federal amending these paragraphs after this (§ 1254.20(b) through (d)) as an interim funding. comment period closes. final rule, however, to allow public (5) The transfer of amounts budgeted ADDRESSES: Comments must be sent to comment in case our rewritten for indirect costs to absorb increases in Regulation Comments Desk (NPOL), provisions inadvertently did make a direct costs, or vice versa, approval is Room 4100, Policy and change or they raise questions of the required by the Department. Communications Staff, National clarity on the process. (6) The inclusion, unless waived by Archives and Records Administration, Review of Comments Made on the the Department, of costs that require 8601 Adelphi Road, College Park, MD Proposed Rule prior approval in accordance with OMB 20740–6001. They may be faxed to 301– Circular A–21, ‘‘Cost Principles for 713–7270. Conditions for Approving Requests To Institutions of Higher Education,’’ OMB FOR FURTHER INFORMATION CONTACT: Microfilm Records Circular A–122, ‘‘Cost Principles for Nancy Allard at telephone number 301– In response to the commenter’s Non-Profit Organizations,’’ or 45 CFR 713–7360, ext. 226, or fax number 301– request that we reduce the time required part 74 appendix E, ‘‘Principles for 713–7270. to review requests for microfilm Determining Costs Applicable to SUPPLEMENTARY INFORMATION: We projects, we have changed the lead time Research and Development under published a notice of proposed for approval from 6 months to 4 months. Grants and Contracts with Hospitals,’’ or rulemaking on August 11, 1998 (Federal We have also added ‘‘a limited number 48 CFR* * * Register, Vol. 63, No. 154, at pp. 42776– of separate series related by provenance [FR Doc. 99–55515 Filed 4–22–99; 8:45 am] 42782). Two comments were received. or subject’’ to the definition of ‘‘one BILLING CODE 1505±01±F One endorsed the lower age limit for microfilming project.’’ students to use the research room. The The commenter questioned several of other respondent, a microfilm publisher, the criteria for approving requests in NATIONAL ARCHIVES AND RECORDS offered comments on certain proposed § 1254.94(a). In particular, the ADMINISTRATION or existing requirements in Subpart F, commenter was concerned that we Microfilming Archival Records. We intended to deny project proposals 36 CFR Part 1254 have reviewed the respondent’s based on our assessment of their research value and that we would deny RIN 3095±AA69 comments and addressed them as discussed later in this SUPPLEMENTARY proposals to film series that may have Researcher Registration and Research INFORMATION section. future accessions (additional records). Room Procedures We have clarified § 1254.94(a) to reflect Interim Final Rule Changes that potential research value is a AGENCY: National Archives and Records The proposed rule contained three criterion only when we are evaluating Administration (NARA). proposed revisions to § 1254.20 relating multiple projects and we cannot ACTION: Final rule and interim rule. to revocation and reinstatement of accommodate all of them at the same research privileges: time. We have modified paragraph (a)(2) SUMMARY: This rule will make it easier • Modifying the grounds on which a to state that records with future end-of- for students to do research in archival researcher identification card may be series accretions may be approved for records and will reduce the frequency revoked to add verbal and physical filming. with which researchers must reapply for harassment of other researchers, NARA The commenter also raised concerns researcher cards to do research in NARA employees, volunteers, or contractor with existing and proposed facilities. The rule also clarifies research employees. requirements in § 1254.94(d) relating to room procedures to address conduct • Clarifying the description of materials the micropublisher would issues, to update the types of equipment unacceptable behavior to read ‘‘actions furnish to us as a condition of approval. that researchers can bring into the or language.’’ The commenter concurred with our research room, and to clarify copying • Clarifying that the grounds for current policy of making preservation procedures. This rule will affect revoking privileges and for denying and reference copies of the microfilm individuals who wish to use NARA probationary reinstatement include available for staff and researcher use in research rooms in the National Archives danger to either documents or NARA NARA facilities during the first seven Building and College Park facility in the property. years after the microfilming is done, but Washington, DC, area, regional records No comments were received on these requested that we revise paragraph services facilities, and Presidential proposed changes. In the proposed rule, (d)(1) to prevent the wholesale reel libraries. the provisions were organized by the duplication of the microform during this

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19900 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations period. The current rule adequately documents for possible restrictions on services that are provided for free to our addresses this concern and we have use, declassifying security classified on-site contractor and to individual made no changes to it. documents, and restoring recently researchers. He also noted that the The commenter agreed to the declassified records to the files. The proposed rule did not address how provision requiring detailed roll lists, commenter stated that the assessment of monitoring costs will be assessed when but objected strongly to the proposed fees to review document preparation more than one project has undertaken provisions requiring the micropublisher work by NARA supervisors and senior microfilming operations in the same to furnish paper and electronic copies of staff is an effort to unfairly and area. any subject indexes, name indexes or disproportionately shift costs normally We believe the changes in this final other finding aids to its version of the borne by NARA to micropublishers. rule removing document review and microfilm, and that the electronic Since quality control is a service that declassification as document version should be in a form that can run the microfilmer would expect to be preparation services partially address easily on NARA’s internal and external included in document preparation, we this comment. We note, however, that computer network(s). The commenter have eliminated review by supervisors the commenter misunderstands the argued that this requirement was not or senior staff as a separate fee item. relationship that we have with our on- technically feasible, and would The commenter also stated his view site microfilm contractor. That seriously compromise the company’s that the training in proper document contractor is operating as a NARA agent intellectual property rights. The finding handling required by § 1254.100 did not in producing NARA microfilm or fee aids are produced with proprietary have to be provided by NARA staff. If reproductions for our customers, so we software and represent significant value- we provide the training, however, he would not charge the contractor these added components to its microform urged that the program be more clearly fees. The archival handling component products. We had proposed this defined and strengthened to provide for of the fee that the customer pays for a requirement to enhance the ability of a certification renewal. We disagree fee reproduction includes document our reference staff to assist researchers with these comments. A primary goal of preparation costs that we incur for that using the microfilmed records. We the training is to ensure that all persons order. Similarly, the archival handling recognize the validity of these working directly with original records component of self-service electrostatic comments and have modified the receive the same information, adapted copying includes the cost of monitoring provision significantly. First, providing as appropriate to their specific tasks and that work. any finding aids other than the detailed responsibilities. Most of our training is We have clarified § 1254.100(b) to microfilm roll lists is no longer a tailored, focusing on procedures for specify that when more than one project condition for approval of the project. handling specific types of records shares the same space, monitoring costs Second, if a micropublisher wishes to included in specific filming projects. will be divided equally among the provide other finding aids to NARA, the Additional training may be required if projects. If we determine that the finding aids would be donated to us microfilm operators work on subsequent microfilm project can be located in a under a deed of gift which would projects involving different types of research room that monitors researchers restrict NARA’s use of these products records. We believe the current who are not copying records, we will under mutually acceptable terms. description of the training is clear in not assess a monitoring charge for The commenter also objected to the conveying its purpose that ‘‘documents monitoring that is already being proposed § 1254.94(k), which stated that are not damaged during copying and so provided. NARA would not approve requests for that their original order is maintained.’’ We also disagree with the microfilming records if we had We also see no need for a formal commenter’s view that we have not insufficient staff to provide support, certification program. provided a formula for the fees to be training, and monitoring services. The assessed for document preparation, commenter stated that we should not Equipment Standards training, and monitoring. The proposed use budgetary problems as justification The commenter noted that the rule states that fees will be based on for denying projects that achieve NARA proposed § 1254.98(a) needlessly direct salary costs (including benefits). goals of both preserving records and restricted the use of non-table top We have clarified in § 1254.94(l) of the enhancing broad public access to the models and emerging newer, more final rule that we will provide a detailed historical record. We believe the technologically advanced cameras. We estimate of the fees for each specific commenter’s position is unreasonable agree with this comment and have project based on this formula in our and we have retained this provision. revised the section to allow free letter providing tentative approval of the standing/floor models if permission is project. We have also deleted the Fees for Microfilm Preparation and first received from the relevant NARA proposed § 1254.100(l), which Training Services unit. A sentence has also been added conflicted with this provision. The commenter questioned the fees stating that new or improved camera Information Collections Subject to the for several services covered by types not specified in this section will Paperwork Reduction Act §§ 1254.96 and 1254.100. He stated that be approved for use on a case-by-case the declassification and reintegration of basis. The information collections in previously declassified materials to the §§ 1254.71(e), and 1254.92 are subject to files is a fundamental NARA function, Fees for NARA Support Services the Paperwork Reduction Act. Under and costs should not be imposed on The commenter expressed concerns this Act, no persons are required to microfilm publishers. We agree and with the fees to be charged for support respond to a collection of information have eliminated the following activities services such as document preparation, unless it displays a valid OMB control from the list of microfilm preparation document handling training, and number. The information collection in activities in § 1254.96 for which a fee monitoring of microfilm projects. While § 1254.92 has been approved by OMB will be assessed: verifying or correcting the commenter supported a with the control number 3095–0017. the arrangement of documents after ‘‘processing’’ fee that is fair and The information collection in withdrawn items are reviewed and equitable, he did not support paying for § 1254.71(e) has been approved by OMB refiled when appropriate, screening monitoring and document preparation with the control number 3095–0035.

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Plain Language request to (301) 713–6920; or calling (b) The number of researchers in the (202) 501–5400 or (301) 713–6800. microfilm research room in the National This regulation was published as a Archives Building may be limited, for notice of proposed rulemaking prior to * * * * * 4. Section 1254.6 is revised to read: fire safety reasons, to those researchers January 1, 1999. We will rewrite it in assigned a microfilm reader. the plain language format required by § 1254.6 Researcher identification card. the Presidential memorandum of June 1, * * * * * An identification card is issued to 9. Section 1254.16 is amended by 1998, Plain Language in Government each person whose application is revising paragraphs (d) and (e) to read: Writing, at a future time. approved to use records other than This rule is not a significant microfilm. Cards are valid for 3 years. § 1254.16 Prevention of damage to documents. regulatory action for the purposes of Cards may be renewed upon Executive Order 12866 and has not been application. Cards are valid at each * * * * * reviewed by the Office of Management facility. Cards are not transferable and (d) Documents must be identified for and Budget at the final rule stage. As must be presented if requested by a reproduction only with a paper tab required by the Regulatory Flexibility guard or research room attendant. provided by NARA. Documents may not Act, it is hereby certified that this rule be identified with paper clips, rubber will not have a significant impact on § 1254.8 [Amended]. bands, self-stick notes or similar small entities. 5. In paragraphs (b) and (c) of devices. (e) Microfilm must be carefully List of Subjects in 36 CFR Part 1254 § 1254.8, remove the phrase ‘‘the Director of the Legal Services Staff removed from and returned, rewound, Archives and records, Confidential (NXL) or his designee’’ and add in its to the proper microfilm boxes. Care business information, Freedom of place the phrase ‘‘the General Counsel must be taken loading and unloading information, Micrographics, Reporting (NGC) or his/her designee’’. microfilm from microfilm readers. and recordkeeping requirements. 6. Section 1254.10 is revised to read: Damaged microfilm must be reported to the research room attendant as soon as For the reasons set forth in the § 1254.10 Registration. it is discovered. preamble, NARA is amending part 1254 of title 36, Code of Federal Regulations, Researchers must register each day * * * * * as follows: they enter a research facility, furnishing 10. Section 1254.20 is revised to read: the information on the registration sheet § 1254.20 Conduct. PART 1254ÐAVAILABILITY OF or scanning a bar-coded researcher (a) Regulations. Researchers are RECORDS AND DONATED identification card, and may be asked to subject to the provisions of part 1280 of HISTORICAL MATERIALS provide additional personal identification. this chapter and to all rules and 1. The authority citation for part 1254 7. Section 1254.12 is amended by regulations issued and posted or continues to read: revising paragraph (a) to read: distributed by a facility director supplementing Subpart B of this part, Authority: 44 U.S.C. 2101—2118; 5 U.S.C. § 1254.12 Researcher's responsibility for including rules on the use of NARA 552; and E.O. 12600, 52 FR 23781, 3 CFR, documents. 1987 Comp., p. 235. equipment. Eating, drinking, chewing (a) The research room attendant may gum, or using smokeless tobacco 2. Section 1254.1 is amended by limit the quantity of documents products in a research room are revising paragraph (d) to read: delivered to a researcher at one time. prohibited. Smoking is prohibited in all § 1254.1 General provisions. The researcher must sign for the NARA facilities. Loud talking and other documents received and may be activities likely to disturb other * * * * * required to show his/her researcher researchers are also prohibited. Persons (d) A Regional Administrator, a identification card. The researcher is desiring to use typewriters, computers, director of a Presidential Library, or a responsible for the proper handling of sound recording devices, or similar director of a Washington, DC, area and prevention of damage to all equipment must work in areas research unit may require that documents delivered to him/her until designated by the research room researchers under the age of 14 years be he/she returns them. When the attendant, when so required. accompanied by an adult researcher researcher is finished using the (b) Revocation of research privileges. who agrees in writing to be present documents, the documents must be Researchers who refuse to comply with when the documents are used and to be returned to the research room attendant. the rules and regulations of a NARA responsible for compliance with the The reference service slip that facility, or by their actions or language research room rules set forth in Subpart accompanies the documents to the demonstrate that they present a danger B. research room must not be removed. If to documents or NARA property, or * * * * * asked to do so, the researcher must present a danger to or verbally or 3. Section 1254.2 is amended by return documents as much as 15 physically harass or annoy other revising paragraph (a) to read: minutes before closing time. Before researchers, NARA or contractor leaving a research room, even for a short employees, or volunteers may have their § 1254.2 Location of documents and hours time, a researcher must notify the research privileges revoked by NARA of use. research room attendant and place all for up to 180 days. The revocation of (a) Researchers should identify the documents in their proper containers. research privileges means that a location of the documents needed. * * * * * researcher loses research privileges at Information about the location of 8. Section 1254.14 is amended by all NARA research rooms nationwide records may be obtained by writing to revising paragraph (b) to read: and, if the researcher holds a valid the National Archives and Records researcher identification card, the loss Administration (NWCCR1), Washington, § 1254.14 Restrictions on using microfilm of the card. All NARA facilities will be DC 20408; by sending an e-mail message readers. notified of the revocation of research to [email protected]; sending a fax * * * * * privileges. A researcher whose research

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The researcher has 30 log will evidence personal ownership introductory text of paragraph (e), calendar days after the date of and will be checked by the guard when paragraphs (e)(2) and (e)(3), paragraph such equipment is removed from the revocation to appeal the action in (g), the introductory text of paragraph building. writing and seek reinstatement of (h), and paragraphs (h)(2)(i), (h)(2)(ii), (d) Researchers must present a valid research privileges. Appeals should be (h)(5), and (h)(6) to read: researcher identification card to the mailed to the Archivist of the United guard or research room attendant on States (address: National Archives and § 1254.26 Additional rules for use of entering the research room. All Records Administration (N), 8601 certain research rooms in NARA facilities in the Washington, DC, area. researchers are required to register their Adelphi Road, College Park, MD 20740– attendance each day. Researchers will 6001). The Archivist has 30 calendar (a) Admission to research rooms in also register the time they leave the days from receipt of an appeal to decide the National Archives Building and the research area at the end of the visit for whether to reinstate research privileges. National Archives at College Park that day. Researchers are not required to The response will be made in writing facility is limited to individuals sign in or out when leaving the area and sent to the researcher whose examining and/or copying documents temporarily. research privileges have been revoked. If and other materials in the custody of the (e) Researchers may not bring into the the revocation of privileges is upheld or National Archives and Records research rooms overcoats, raincoats, if no appeal is made, the researcher may Administration. Children under the age hats, or similar apparel; personal paper- request reinstatement of research of 14 will not be admitted to these to-paper copiers, unless permitted in privileges no earlier than 180 calendar research rooms unless they have been accordance with § 1254.71(e) of this days from the date the privileges were granted research privileges or are part; briefcases, suitcases, day packs, revoked. This request may include granted an exception to this provision to purses, or similar containers of personal application for a new researcher view specific documents that a parent or property; notebooks, notepaper, note identification card. The reinstatement of other accompanying adult researcher is cards, folders or other containers for research privileges applies to all using. The exception will be granted by paper. These items may be stored at no research rooms, except that in the case the Chief of the Archives I or Archives cost in lockers available for researchers. of a new researcher identification card, II Research Room Services Branch for a The following exceptions may be the researcher will be issued a card for child who is able to read and who will granted: a probationary period of 60 days. At the be closely supervised by the adult * * * * * end of the probationary period, the researcher while in the research room. (2) Notes, references, lists of researcher may apply for a new, Normally, such a child will be admitted documents to be consulted, and other unrestricted identification card, which only for the short period required to materials may be admitted if the chief will be issued if the researcher’s view the documents. Unless otherwise of the branch administering the research conduct during the probationary period permitted, persons without a researcher room or the senior staff member on duty has been in accordance with the rules of card may not actively participate in in the research room determines they conduct set forth in this part and in 36 research activities, e.g., removing, are essential to a researcher’s work CFR part 1280. copying, or refiling documents. requirements. Materials approved for Students under the age of 14 who wish (d) Extending the revocation period. If admission will be stamped, initialed, to perform research on original and dated by a NARA or contractor the reinstatement of research privileges documents must apply in person to the would pose a threat to the safety of employee, to indicate that they are the Chief of the Research Room Services personal property of the researcher; persons, property, or NARA holdings, or Branch where the documents are if, in the case of a probationary (3) Personal computers, tape located and present a letter of reference recorders, scanners, cameras, and identification card, the researcher has from a teacher. Such students may failed to comply with the rules of similar equipment may be admitted by contact NARA by phone or letter in the research room attendant provided conduct for NARA facilities, NARA may advance of their visit to discuss their such equipment meet the approved extend the revocation of privileges for eligibility for research privileges. standards for preservation set by the 180-day periods. Researchers will be Students under the age of 14 who have NARA Preservation Programs unit. Use sent a written notice all such extensions been granted research privileges will be of researcher owned equipment may be within 3 work days of NARA’s decision required to be accompanied in the limited to designated areas within the to continue the revocation of research research room by an adult with similar research rooms. If demand to use privileges. The researcher has 30 privileges, unless the Chief of the equipment exceeds the space available calendar days after the decision to Archives I or Archives II Research Room for equipment use, time limits may be extend the revocation of research Services Branch specifically waives this imposed. Equipment that could privileges to appeal the action in requirement with respect to individual potentially damage documents will not writing. Appeals should be mailed to researchers. be approved. Scanners and other the Archivist at the address given above. (b) The procedures in paragraphs (d) copying equipment must meet these The Archivist has 30 calendar days from through (g) of this section apply to all minimum standards: receipt of an appeal to decide whether research rooms in the National Archives (i) Equipment platens or copy boards to reinstate research privileges. The Building (except the Microfilm Research must be the same size or larger than the response will be made in writing and Room) and in the National Archives at records. No part of a record may sent to the researcher. College Park facility. These procedures overhang the platen or copy board. 11. Section 1254.24 is amended by are in addition to the procedures (ii) No part of the equipment may adding new paragraph (d) to read: specified elsewhere in this part. come in contact with records in a

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When * * * * * § 1254.70 NARA copying services. using a slide scanner, slides must be (5) The NARA-furnished recorder or (a) The copying of documents will be checked after scanning to ensure that no personal recording device and media done by a contractor or NARA staff with damage occurs while the slide is inside may be used to make a copy of equipment belonging to NARA. NARA the scanner. unrestricted archival materials in the reserves the right to make a duplicate, (v) Light sources must not raise the research room. surface temperature of the record being at NARA expense, of any material copied. Light sources that generate (6) Each researcher will be provided copied. Such duplicates may be used by ultraviolet light must be filtered. a copy of the Motion Picture, Sound, NARA to make additional copies for (vi) All equipment surfaces must be and Video Research Room rules and a others. warning notice on potential copyright clean and dry before being used with * * * * * records. Cleaning and equipment claims in unrestricted titles. The 15. Section 1254.71 is amended by maintenance activities, such as individual making and/or using the revising the section heading, paragraphs replacing toner cartridges, may not take copy is responsible for obtaining any (a) through (c)(2), and (d)(1); removing place when records are present. needed permission or release from a paragraph (g); redesignating paragraphs Aerosols or ammonia-containing copyright owner for other than personal (e) and (f) as paragraphs (f) and (g); cleaning solutions are not permitted. A use of the copy. adding new paragraph (e), and revising 50% water and 50% isopropyl alcohol * * * * * redesignated paragraph (g) to read: solution is permitted for cleaning. The 13. Section 1254.27 is amended by chief of the branch administering the revising the section heading and § 1254.71 Researcher use of the self- research room or the senior staff paragraphs (a) and (c)(3) to read: service card-operated copiers in the National Archives Building and the National member on duty in the research room Archives at College Park. will review the determination made by § 1254.27 Additional rules for use of certain research rooms in regional records (a) General. Self-service card-operated the research room attendant if requested services facilities and Presidential libraries. copiers are located in research rooms in to do so by the researcher; and (a) When directed by the appropriate the National Archives Building and the * * * * * National Archives at College Park. Other (g) The personal property of all regional administrator or library director, the following procedures shall copiers set aside for use by reservation researchers, including notes, are located in designated research areas. electrostatic copies, equipment cases, be observed in regional records services facility and Presidential library archival Procedures for use are outlined in tape recorders, cameras, personal paragraphs (b) through (h) of this computers, and other property, will be research rooms where original documents are used. These procedures section. inspected before removal from the (b) Limitations and hours of use. (1) research room. Guards and research are in addition to the procedures specified elsewhere in this part. There is a 3-minute time limit on room attendants may request that a copiers in research rooms when others * * * * * member of the research room staff are waiting to use the copier. examine such personal items prior to (c) * * * Researchers using microfilm reader- their removal from the research room. (3) Typewriters, personal computers, printers may be limited to three copies (h) In addition to the procedures in tape recorders, and hand-held cameras when others are waiting to use the paragraphs (c) through (g) of this may be admitted by the guard or machine. Researchers wishing to copy section, the following procedures apply research room attendant provided that large quantities of documents should to the Motion Picture, Sound, and Video they are inspected, approved, and see a staff member in the research room Research Room (hereinafter, the tagged prior to admittance. For a to reserve a copier for an extended time ‘‘research room’’) in the College Park regional records services facility, the period. facility: regional administrator, the director or (2) If an appointment must be * * * * * other supervisor having responsibility canceled due to copier failure, NARA (2) * * * for research room operations in a will make every effort to schedule a new (i) Personal recording equipment facility, or the senior attendant on duty mutually agreed-upon time. However, brought into the unrestricted viewing will review the determination made by NARA will not displace researchers and copying area in the research room the guard or research room attendant if whose appointments are not affected by may be inspected and tagged by the requested to do so by the researcher. In the copier failure. research room attendant prior to a Presidential library, the director, or (c) Copying procedures. (1) Individual admittance. All equipment and the senior attendant on duty in the documents to be copied shall be tabbed accessory devices must be placed on the research room will review the in accordance with the procedures carts provided by NARA, except that a determination made by the guard or governing the tabbing of documents tripod holding a video camera may be research room attendant if requested to and; brought to the research room placed on the floor in front of a film- do so by the researcher. In facilities attendant for inspection in the file unit. viewing station. NARA is not where personal paper-to-paper copiers The research room attendant will responsible for damage to or loss of and scanners are permitted, the examine the documents to determine personal equipment and accessories. researcher must obtain prior written whether they can be copied on the self- (ii) Researchers shall remain in the approval from the facility director to service copier. The chief of the branch research room while their personal bring in the copier or scanner. The administering the research room will equipment is in use at an audio or video request to bring a personal copier or review the determination of suitability if viewing station. The film viewing scanner should state the space and asked to do so by the researcher. After

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Conditions under which NARA possible after the need is identified, for documents to the attendant for review would discontinue the privilege information concerning standards and prior to the appointment. The review include: violation of one of the procedures for microfilming archival time required is specified in each conditions in paragraphs (c), (d), (e), or records. research room. Research room (f) of this section; a need to provide 17. Section 1254.92 is amended by attendants may inspect documents after space for a Federal agency; or a lack of revising paragraphs (a) and (b) and copying. NARA staff to supervise the area. adding new paragraphs (d)(3) and (d)(4) * * * * * * * * * * to read as follows: (g) Purchasing debit cards for copiers. (d) * * * § 1254.92 Requests to microfilm records (1) Bound archival volumes (except Researchers may use cash to purchase a and donated historical materials. when specialized copiers are provided); debit card from a vending machine (a) Requests to microfilm archival during the hours that self-service * * * * * records or donated historical materials copiers are in operation. Additionally, (e) Use of personal paper-to-paper (except donated historical materials debit cards may be purchased with cash, copiers at the National Archives at under the control of the Office of check, money order, credit card, or College Park facility. (1) NARA will Presidential Libraries) in the funds from an active deposit account approve a limited number of researchers Washington, DC area must be made in to bring in and use personal paper-to- from the Cashier’s Office located in room G–1 of the National Archives writing to the Assistant Archivist for paper copying equipment in the Textual Records Services—Washington, DC Research Room (Room 2000). Requests Building, and the researcher lobby of the College Park facility, during posted (NW), 8601 Adelphi Rd., College Park, must be made in writing to the Chief, MD 20740–6001. Requests to microfilm Archives II Research Room Services hours. The debit card will, when inserted into the copier, enable the user archival records or donated historical Branch (NWCCR2), National Archives materials held in a NARA regional and Records Administration, 8601 to make copies, for the appropriate fee, up to the value on the debit card. records service facility must be made in Adelphi Rd., College Park, MD 20740– writing to the Assistant Archivist for 6001. Requests must identify the records Researchers may add value to the debit card by using the vending machine. No Regional Records Services (NR), 8601 to be copied, the expected duration of Adelphi Rd., College Park, MD 20740– the project, and the make and model of refunds will be made. The fee for self- service copiers is found in § 1258.12 of 6001. Requests to microfilm records or the equipment. donated historical materials in a (2) NARA will evaluate requests using this chapter. Presidential library or donated historical the following criteria: 16. Section 1254.90 is revised to read: (i) A minimum of 3,000 pages must be materials in the Washington area under § 1254.90 General. copied; the control of the Office of Presidential (ii) The project is expected to take at (a) This subpart establishes rules and Libraries must be made in writing to the least 4 weeks, with the copier in use a procedures governing the use of Assistant Archivist for Presidential minimum of 6 hours per day or 30 hours privately owned microfilm equipment Libraries (NL), 8601 Adelphi Rd., per week; to film accessioned archival records and College Park, MD 20740–6001. OMB (iii) The copying equipment must donated historical materials in the legal control number 3095–0017 has been meet the standards for preservation set and physical custody of the National assigned to the information collection by NARA’s Preservation Programs unit Archives and Records Administration contained in this section. (see § 1254.26(e)(3) of this part); and (NARA) by foreign and domestic (b) Requests to use privately owned (iv) Space is available for the personal government agencies, private microfilm equipment should be copying project. NARA will allow no commercial firms, academic research submitted four months in advance of the more than 3 personal copying projects groups, and other entities or individuals proposed starting date of the in the research room at one time, with who request exemption from obtaining microfilming project. Requests Federal agencies given priority over copies through the regular fee schedule submitted with less advance notice will other users. reproduction ordering system of NARA. be considered and may be approved if (3) Researchers must coordinate with (b) Persons or organizations wishing adequate NARA space and staff are research room management and oversee to microfilm Federal agency records in available and if all training, records the installation and removal of copying the physical custody of the Washington preparation and other NARA equipment and are responsible for the National Records Center (WNRC) requirements can be completed in a cost and supervision of all service calls contact the director, WNRC, about shorter time frame. Only one project to and repairs. Copying equipment and procedures for obtaining permission microfilm a complete body of supplies must be removed within two from the originating agency to film those documents, such as an entire series, a business days after the personal copying records. For information about major continuous segment of a very project is completed. procedures for obtaining permission large series which is reasonably (4) NARA will not be responsible for from the originating agency to film divisible, or a limited number of any personal equipment or consumable records in the records center operation separate series related by provenance or supplies. of one of NARA’s regional records subject, may be included in a request. (5) Each operator must obtain a valid services facilities or in the physical NARA will not accept additional researcher identification card and be custody of the National Personnel requests from an individual or

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19905 organization to microfilm records in a first generation silver halide duplicate amount and schedule of fees for any NARA facility while NARA is negative containing no splices made training, microfilm preparation, and evaluating an earlier request from that from the original camera negative of the monitoring by NARA staff that is individual or organization to microfilm microform record created in accordance necessary to support that specific records at that facility. NARA will with part 1230 of this chapter. NARA project. NARA’s letter of tentative establish the number of camera spaces may waive any of the requirements of approval for the project will include an available to a single project based upon this paragraph at its discretion. agreement detailing the records in the the total number of projects approved (1) NARA may use this duplicate project and the detailed schedule of fees for filming at that time. negative microform to make duplicate for NARA services for the project. * * * * * preservation and reference copies. The NARA will give final approval when (d) * * * copies may be made available for NARA NARA receives the requestor’s signed (3) If the original documents are and public use in NARA facilities and copy of the agreement. presidential or vice-presidential records programs immediately upon receipt, as specified in 44 U.S.C. 2201, the subject to the limitation in paragraph § 1254.96 [Amended] requester must agree to include on the (d)(2) of this section. 19. Section 1254.96 is amended by film this statement: ‘‘The documents * * * * * removing paragraphs (a)(1) through reproduced in this publication are (3) Detailed roll lists must be (a)(3) and designating existing presidential records in the custody of delivered with the microfilm. The lists paragraphs (a)(4) and (a)(5) as (a)(1) and the (name of Presidential library or must give the full range of file titles and (a)(2) respectively. National Archives of the United States). a complete list of all file numbers on 20. Section 1254.98 is amended by NARA administers them in accordance each roll of microfilm. NARA prefers revising paragraph (a) to read: with the requirements of Title 44, U.S.C. that the list be provided in a fielded, § 1254.98 Equipment standards. No copyright is claimed in these official electronic format to facilitate its use by (a) Because space in many NARA presidential records.’’ staff and researchers. If the electronic (4) If the original documents are facilities is limited, microfilm/fiche format is a data file with defined or equipment should be operable from a records of Congress, the requester must delimited fields, the records layout agree to include on the film this table top unless NARA has given identifying the fields, any coded values written permission to use free standing/ statement: ‘‘The documents reproduced for fields, and explanations of any in this publication are among the floor model cameras. Only planetary delimiters should be transferred with type camera equipment may be used. records of the (House of the list. Representatives/Senate) in the physical Automatic rotary cameras and other (4) Microfilm projects may donate to equipment with automatic feed devices custody of National Archives and NARA additional indexes and/or Records Administration (NARA). NARA may not be used. Book cradles or other finding aids. NARA and the microfilm specialized equipment designed for use administers them in accordance with project will execute a deed of gift that the requirements of the (House/Senate). with bound volumes, oversized will specify restrictions on NARA’s use documents, or other formats may be * * * * * and dissemination of these products 18. Section 1254.94 is amended by approved by NARA on a case-by-case under mutually acceptable terms. basis. Other camera types not specified adding paragraphs (a)(1) through (a)(3), * * * * * (d)(3), (d)(4), (k), and (l), revising the in this section may be approved for use (i) NARA will not approve requests to on a case-by-case basis. introductory text of paragraph (d), microfilm records in NARA facilities in * * * * * paragraph (d)(1) and paragraph (i), to which there is insufficient space read as follows: 21. Section 1254.100 is amended by available for private microfilming. revising paragraphs (b), (c) and (g) to § 1254.94 Criteria for granting the NARA also will not approve requests read: requests. where the only space available for (a) * * * filming is in the facility’s research room, § 1254.100 Microfilming procedures. (1) In considering multiple requests to and such work would disturb * * * * * film at the same time, NARA will give researchers. NARA will not move (b) Documents must be handled in priority to microfilming records that records from a facility lacking space for accordance with the training and have research value for a variety of private microfilming to another NARA instructions provided by NARA studies or that contain basic information facility for that purpose. When a NARA personnel so that documents are not for fields of research in which facility does not have enough space to damaged during copying and so that researchers have demonstrated accommodate all the requests made, their original order is maintained. Only substantial interest. NARA may schedule separate projects persons who have attended NARA (2) The records to be filmed should be by limiting the time allowed for each training will be permitted to handle the reasonably complete and not subject to particular project or by requiring documents or supervise microfilming future additions, especially of projects to alternate in the use of the operations. Training will be offered only appreciable volumes, within the original space. in Washington, DC. NARA will charge body of records. Records with pending * * * * * the requester fees for training services or future end-of-series additions are (k) NARA will not approve requests to and these fees will be based on direct appropriate for filming. microfilm records when there is not salary costs (including benefits) and any (3) The records to be filmed should enough staff to provide the necessary related supply costs. Such fees will be not have substantial numbers of support services, including document specified in the written agreement documents withdrawn because of preparation, training of private required for project approval in continuing security classification or microfilmers, and monitoring the § 1254.94(l). privacy or other restriction. filming. (c) Documents from only one file unit * * * * * (l) NARA will not approve the start of may be microfilmed at a time. After (d) NARA will approve only requests a project to microfilm records until the reproduction is completed, documents which specify that NARA will receive a requestor has agreed in writing to the removed from files for microfilming

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19906 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations must be returned to their original We believe these changes are necessary change except for nonsubstantive position in the file container, any to ensure that IRRRLs provide a real changes for purposes of clarity. fasteners removed to facilitate copying benefit to veterans and protect the Monthly Payment Reduction must be refastened, and any tabs placed financial interest of the Government. The final rule generally requires that on the documents to identify items to be DATES: Effective Date: May 24, 1999. copied must be removed. the monthly payment (principal and FOR FURTHER INFORMATION CONTACT: R.D. interest) on the new loan be lower than * * * * * Finneran, Supervisory Loan Specialist (g) Microfilm equipment may be the monthly payment on the loan being (264), Loan Guaranty Service, Veterans operated only in the presence of the refinanced. A number of commenters Benefits Administration, Department of research room attendant or a designated supported this change. Some Veterans Affairs, 810 Vermont Avenue, NARA employee. If NARA places commenters stated that they generally NW., Washington, DC 20420, (202) 273– microfilm projects in a common opposed any changes regarding IRRRLs 7369. research area with other researchers, the and one commenter raised specific project will not be required to pay for SUPPLEMENTARY INFORMATION: Under the objections regarding the issue of monthly payment reduction. This monitoring that is ordinarily provided. authority of 38 U.S.C. chapter 37, VA commenter submitted an alternative to If the microfilm project is performed in guarantees loans made by lenders to the proposal which would allow 10 a research room set aside for copying eligible veterans to purchase, construct, percent of a lender’s volume of IRRRLs and filming, NARA will charge the improve, or refinance their homes (the closed during any calendar month to project fees for these monitoring term veteran as used in this document exceed the previous monthly payment services and these fees will be based on includes any individual defined as a on the loan being financed while not direct salary costs (including benefits). veteran under 38 U.S.C. 101 and 3701 simultaneously reducing the term of the When more than one project share the for the purpose of housing loans). This loan, and provide for sanctions if the 10 same space, monitoring costs will be document amends VA’s loan guaranty percent threshold were exceeded. divided equally among the projects. The regulations by revising the requirements for VA-guaranteed IRRRLs. We believe that with the four monitoring service fees will be specified exceptions discussed below, there is no The IRRRL program was established in the written agreement required for legitimate reason for allowing the by Public Law 96–385, October 7, 1980. project approval in § 1254.94(l). monthly payment (principal and IRRRLs are designed to assist veterans * * * * * interest) on the new loan to be as high by allowing them to refinance an 22. Section 1254.102 is amended by or higher than the monthly payment on outstanding VA-guaranteed loan with a adding paragraph (e) to read: the loan being refinanced. The final rule new loan at a lower rate. The provisions § 1254.102 Rescinding permission. is intended to prevent the veteran’s of 38 U.S.C. 3703(c)(3) and 3710(e)(1)(C) monthly payment from increasing * * * * * allow the veteran to do so without because of extensive costs added to the (e) If the person or organization fails having to pay any out-of-pocket loan (including closing costs), even to pay NARA fees in the agreed to expenses. The veteran may include in though the interest rate is lowered amount or on the agreed to payment the new loan the outstanding balance of slightly. This is consistent with the schedule. the old loan plus reasonable closing Congressional intent of the IRRRL Dated: April 16, 1999. costs, including up to two discount program as expressed in the House John W. Carlin, points. Report (H. Rep. No. 96–1165, July 21, Archivist of the United States. In a document published in the 1980, at p. 3) which states: ‘‘[T]he bill Federal Register on June 3, 1998 (63 FR [FR Doc. 99–10063 Filed 4–22–99; 8:45 am] is * * * intended to assist veterans by 30162), we proposed to amend the loan BILLING CODE 7515±01±P allowing their monthly payments to be guaranty regulations concerning the reduced. * * * ’’ requirements for IRRRLs. Under the The final rule also provides that the proposal, generally to obtain an IRRRL monthly payment reduction DEPARTMENT OF VETERANS the veteran’s monthly mortgage requirement would not apply to four AFFAIRS payment must decrease. Also, if the loan limited situations where VA believes being refinanced is delinquent the 38 CFR Part 36 that other factors offset the risk of loss lender must submit the proposed IRRRL from an increase in monthly payment. RIN 2900±AI92 to VA for prior approval of the veteran’s These four situations are cases in which creditworthiness. With respect to the an adjustable rate mortgage (ARM) is Loan Guaranty: Requirements for proposal, we provided a 60-day being refinanced with a fixed-rate loan; Interest Rate Reduction Refinancing comment period, which ended August cases in which the term of the new loan Loans 3, 1998. In the proposal, we also stated is shorter than the term of the loan being AGENCY: Department of Veterans Affairs. that we would consider comments refinanced; cases in which the increase submitted in response to a rescinded ACTION: Final rule. in monthly payment is attributable to interim rule (62 FR 52503, 63454) which the inclusion of energy efficient SUMMARY: This document amends our addressed the same issues that were improvements, as provided in loan guaranty regulations concerning addressed in the proposal. We received § 36.4336(a)(4); and cases in which the the requirements for Interest Rate many thousands of comments, most of Secretary approves the new loan, on a Reduction Refinancing Loans (IRRRLs). which were groups of identical case-by-case basis, in order to prevent Under the final rule, generally to obtain responses in form letters. The issues an imminent foreclosure. We reaffirm an IRRRL the veteran’s monthly raised in the comments are discussed the following rationale which was stated mortgage payment must decrease. Also, below. in the proposal (63 FR 30163) for the final rule provides that the loan Based on the rationale set forth in the establishing these four exceptions: being refinanced must not be delinquent proposed rule and in this document, we ‘‘With regard to ARMs, there is or the veteran seeking the loan must are adopting the provisions of the already a possibility that the monthly meet certain credit standard provisions. proposed rule as a final rule without payment will increase in future years.

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The certainty that the payment on the veterans to default on their current continues to be creditworthy for an new loan will not increase in future loans, and then to refinance the IRRRL. VA notes, however, that loans years offsets the increased risk delinquent loans with IRRRLs that more than 30 days past due reflect that associated with the immediate increase include missed payments, fees, and late two payments were missed. This raises over the veteran’s current payment. VA charges. the question as to whether an may establish limits on the amount of VA has become aware of a number of underlying financial problem exists that such increase in future rulemaking. lenders who encourage veterans to skip requires attention. An IRRRL which Although the monthly payments on two or three mortgage payments and capitalizes missed payments, fees, and shorter term loans are higher, they then obtain an IRRRL which includes late charges would have a higher loan- amortize faster, thus reducing the risk of the missed payments, fees, and late to-value ratio than the loan being loss to both the veteran and the charges. We believe the provisions of refinanced. Thus, the IRRRL, at least Government. In future rulemaking, VA the final rule are necessary to meet the initially, would be less secure than the may address minimum term reduction. intended requirements of Public Law original loan. If an IRRRL is foreclosed Current law allows veterans to include 96–385 which established the IRRRL shortly after being made, the loss to the additional costs of energy efficient program. In this regard, the legislative taxpayers likely would be greater than improvements in IRRRLs; thus, this history of Public Law 96–385 states that would have been the case had the exception would merely continue ‘‘a veteran would not be permitted original loan been foreclosed. current law. Finally, with regard to under the bill to obtain cash from the Sometimes a lower interest rate on an imminent foreclosure, the risk of loss to proceeds of the refinancing loan for IRRRL would reduce the monthly the Government and veteran from such other purposes.’’ H.R. Report 96–1165, payment sufficiently to allow a veteran foreclosure could be greater than 96th Congress 2d. Session (1980) at 3. in financial distress to make the permitting a new loan at a higher VA is aware that it is common for payments. This is not always true. In monthly payment. VA would have to persons who refinance home loans to fact, in many cases a veteran’s degree of approve each such loan on a case-by- skip the payment due on the first day of financial distress would prevent the case basis under existing credit the month in which their new loan will veteran from making even the reduced underwriting standards set forth at 38 close. For example, if a lender expects monthly payment on the IRRRL. CFR 36.4337 to ensure that it is in the to close an IRRRL on or about October Accordingly, prior approval procedures best interest of the Government and that 18, the lender may tell the veteran that are necessary to ensure that the veteran the veteran is able to afford the new he or she may skip the payment due who is delinquent can meet the payment.’’ October 1. The skipped payment is then payment terms of the IRRRL. Accordingly, we are not adopting the included in the principal balance of the As noted above, the final rule states proposed alternative suggested by the IRRRL. The changes made by this final that prior approval procedures must be commenter. For the reasons set forth rule would not affect this common met for an IRRRL if a scheduled above, VA does not believe any IRRRL practice. Under the final rule, only monthly mortgage payment of the loan where the monthly payment will exceed ‘‘delinquent’’ loans are subject to the being refinanced is more than 30 days the payments on the loan being prior approval procedures. Since the past due. Commenters recommended refinanced should be permitted unless it final rule, consistent with industry that, as a compromise, the 30 day time falls within the standards discussed practice, defines ‘‘delinquent’’ as being period be changed to 59 or 60 days. One above. Further, VA does not believe a more than 30 days past due, the loan in commenter submitted an alternative to lender should be limited to an arbitrary this example is not delinquent and the proposal which would allow an 10 percent threshold for IRRRLs having would be eligible for streamlined unlimited number of a lender’s volume an increased monthly payment if the processing, i.e., processing without of IRRRLs closed during any calendar payment increase on each individual regard to VA prior approval procedures. month to be up to 60 days past due and loan is permitted under these standards. As noted above, the final rule states to allow 10 percent of a lender’s volume that a loan being refinanced is of IRRRLs closed during any calendar Delinquent Loans—General Comments delinquent and an IRRRL replacing such month to be between 60 and 90 days Prior to the effective date of this loan is subject to prior approval past due, and provide for sanctions if document, VA administratively required procedures if a scheduled monthly the 10 percent threshold were exceeded. prior approval review for an IRRRL in mortgage payment of the loan being In response, we conclude that this accordance with 38 CFR 36.4303(c) if a refinanced is more than 30 days past would not prevent individuals from scheduled monthly mortgage payment due. Not only is the final rule needed to skipping payments to obtain cash and of the loan being refinanced were more prevent lenders from causing veterans to would not provide adequate protection than 90 days past due. The final rule default on their current loans, it is against loans that are in financial states that a loan being refinanced is needed to prevent lenders from closing difficulty. considered delinquent and an IRRRL poor-quality IRRRLs. Further, VA disagrees with replacing such loan is subject to such Commenters disagreed with the suggestions from some commenters that prior approval procedures if a conclusion that action was necessary skipping more than one payment is scheduled monthly mortgage payment because of poor quality IRRRLs. They necessary for lenders to obtain accurate of the loan being refinanced is more asserted that when VA guaranteed the pay-off figures from the holder of the than 30 days past due. original loan for a veteran, VA assumed loan being refinanced. The modern loan Almost all commenters asserted that a certain risk and that a subsequent servicing industry is highly VA should continue to require prior IRRRL does not increase the computerized, and loan balances which approval review for an IRRRL only if a Government’s risk. Commenters further include the latest payment are scheduled monthly mortgage payment asserted that the risk of default on an obtainable from holders within a day or of the loan being refinanced were more IRRRL is reduced because the interest two after their receipt of that payment. than 90 days past due. We respectfully rate is lowered. With respect to loans Lenders normally obtain pay-off figures disagree with the commenters. that are current, VA presumes that the from holders by fax or overnight This final rule makes changes needed veteran, having established express. Thus, as an example, there is to prevent lenders from encouraging creditworthiness for the original loan, no practical need for a lender which

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19908 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations anticipates making an IRRRL in mid- delinquent, we believe that this will allowed to be included in an IRRRL October to urge the borrower to skip the cause lenders to find the underlying because the provisions of 38 U.S.C. payment due September 1 in order to reason why there is a delinquency and 3710(e)(1)(C)(i) state that refinanced obtain accurate payoff information. submit to VA for prior approval only loans will include the ‘‘sum of the Commenters asserted that the final those applications for IRRRLs that have balance.’’ In response, we note that this rule could cause some veterans to lose a reasonable opportunity of being must be read together with the their homes due to foreclosure by approved. Moreover, we note that VA provisions of 38 U.S.C. 3710(b)(2) and removing the ability to refinance during will do all that it can to process prior (b)(3) which provide that a veteran may a period of delinquency. VA agrees that approvals as quickly as possible. In obtain a guaranteed loan only if there are instances where being able to support of this effort, VA is creditworthy. Accordingly, under the refinance a loan will make a difference consolidating its credit underwriting final rule a veteran may obtain a between saving a home or losing it to into nine regional loan centers with the guaranteed loan only if creditworthy, foreclosure. The final rule does not intent to provide adequate staffing to but all of those IRRRLs that are closed automatically preclude such a veteran process all loans in a timely manner. may include the entire balance of the from obtaining an IRRRL. If VA Even so, under the provisions of 38 loan being refinanced, including missed determines that the veteran is U.S.C. 3710(b)(2) and (b)(3), VA has a payments, fees, and late charges. creditworthy and able to make the statutory duty for all loans, including One commenter asserted that the final payments on the proposed IRRRL and IRRRLs, to ensure that the veteran is rule would cause lenders to make thereby save the home, VA would creditworthy and that the veteran’s total extensive adjustments regarding approve the IRRRL. In cases where VA, income and expenses bear a proper computer systems and training. We after carefully considering the veteran’s relationship to the loan repayment agree that some lenders may have to entire financial circumstances, terms. This statutory duty to ensure a make some adjustments. However, we concludes the veteran is unlikely to be veteran’s creditworthiness must be met do not believe that any necessary able to make the payments on the even if compliance were to cause some adjustments will be significant. IRRRL, the IRRRL would not be delays. Delinquent Loans—Denial of Benefit approved. Such an IRRRL would only One commenter asserted that VA is delay for a short time an inevitable unable to provide statistical data or Commenters asserted that veterans foreclosure, causing greater expense to analysis to suggest that there has been who are delinquent on their loan both the veteran and the Government. If an increased rate of foreclosure for payments will be denied the benefit of a veteran’s current loan is delinquent IRRRLs under the previous policy an IRRRL. This final rule will not and VA determines that the veteran which provided that an IRRRL was automatically deny any veteran who is does not qualify for an IRRRL because subject to prior approval review if the delinquent on an existing VA of financial difficulties, VA will use its scheduled monthly mortgage payment guaranteed loan the opportunity to supplemental servicing procedures to of the loan being refinanced were more obtain an IRRRL. In the event that a determine if other viable alternatives to than 90 days past due. In response, we veteran is more than 30 days past due foreclosure exist. have compiled the following on the loan, the final rule requires that information from our loan guaranty VA perform the same creditworthiness Delinquent Loans—Streamlined records. Four years ago the early review prior to approving the IRRRL Feature foreclosure rate (i.e., within 2 years of that is now performed on all other VA Commenters asserted that the loan closing) on IRRRLs was 25% higher housing loans. If the veteran is found adoption of the proposed rule would than on VA guaranteed purchase-money creditworthy, the IRRRL will be take away the ‘‘streamlined’’ feature of loans. Two years ago the early guaranteed. If the veteran is found not the IRRRL program contrary to the foreclosure rate on IRRRLs grew to 61% creditworthy, VA must decline to legislative intent. In response, we note higher and has now further grown to guarantee the loan. However, as noted that nothing in the statutory provisions 63% higher. VA analysis shows that above, VA will use its supplemental authorizing the IRRRL program or the poor origination of some IRRRLs has servicing procedures to determine if relevant legislative history requires or caused this disturbing trend. The final other viable alternatives to foreclosure even suggests that VA is required to rule is narrowly tailored to address this exist. implement a streamlined procedure for issue and will not significantly impact closing loans. Further, streamlined Delinquent Loans—Out-of-Pocket most IRRRLs. Expenses processing would still be available for One commenter suggested that veterans who are not delinquent on because VA collects a fee on the original Some commenters asserted that their current loans. VA loan and collects an additional fee veterans subject to the prior approval Some commenters asserted that if the on an IRRRL, VA collects enough to procedures would be required to proposed rule is adopted, VA would be cover any losses on IRRRLs, and, provide out-of-pocket expenses at unable to process IRRRLs in a timely consequently, the final rule is not closing and that this ‘‘will mark the manner. In this regard, one commenter necessary. In response, we note that the beginning of the end’’ of the IRRRL asserted that the review of prior amount of fees collected on loans is program by making such loans less approvals would increase by 35,000 per established by statute (38 U.S.C. 3729). appealing to the borrower. The vast year. This commenter further asserted There are no statutory provisions that majority of veterans seeking to obtain that an increase would become more require VA to accept a poor credit risk IRRRLs will not be in default and will burdensome due to a shrinking Federal merely because of fees that may have be eligible to use the streamlined workforce. We do not believe that these been collected to cover amounts paid procedures, with only nominal, if any, results suggested by the commenters due to foreclosures. Instead, as noted out-of-pocket expenses. For those will occur. We believe that in most above, VA must ensure that all veterans subject to the prior approval procedures, cases this final rule will cause veterans receiving loans are creditworthy. the cost of a credit report seeking IRRRLs to make sure that their One commenter asserted that (approximately $50) would be the only original loans are not delinquent. regardless of the number of delinquent additional expense the veteran is likely Further, with respect to those that are payments, those payments must be to incur. This cost may be included in

VerDate 23-MAR-99 16:11 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm01 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19909 the loan amount. Accordingly, those monthly mortgage payment of the loan because VA does not collect information subject to the prior approval procedures being refinanced is more than 30 days that would establish whether a lender may avoid out-of-pocket expenses. past due. Under the prior approval closing IRRRLs is a small entity. procedures, lenders must collect certain d. A description of the projected Delinquent Loans—Solicitation to Skip information about the veteran (and reporting, recordkeeping, and other Payments spouse or other co-borrower, as compliance requirements of the final Some commenters asserted that applicable), and the veteran’s credit rule, including an estimate of the classes instead of the changes made in the final history to ensure that the veteran is of small entities which will be subject rule concerning delinquent loans, VA creditworthy. Collection of this type of to the requirement and the type of should establish prohibitions against information is normal business practice professional skills necessary for lenders who advertise or otherwise for mortgage lenders. preparation of the report or record. solicit veterans to skip payments so that We invited interested parties to Response: Any reporting or they can include missed payments, fees, submit comments on the collection of recordkeeping requirements are and late charges in an IRRRL. Some information. However, we received no discussed in the Paperwork Reduction commenters asserted that VA should comments. OMB has approved this Act portion of this document. The rely on other agencies, including the information collection under control requirements of the final rule are Federal Trade Commission, to enforce number 2900–0601, which expires discussed above in the preamble portion such prohibitions. The adoption of these October 31, 2001. of this document. As noted above, we suggestions would not address our VA is not authorized to impose a are unable to make an informed estimate concerns noted above regarding poor- penalty on persons for failure to comply of the number of small entities that quality loans. Further, in our view, the with information collection would be affected by the adoption of the adoption of these suggestions would not requirements which do not display a final rule. To comply with the provide an adequate system for current OMB control number, if provisions of the final rule, employees regulating lenders who advertise or required. of lenders would not need any otherwise solicit veterans to skip professional skills that would be payments. There is no practical way for Executive Order 12866 additional to those skills already needed VA or other agencies to monitor and This final rule has been reviewed by to process VA home loans. regulate the possible means of OMB under Executive Order 12866. e. A description of the steps the advertising or other solicitations made agency has taken to minimize the by lenders. Because of the sheer volume Final Regulatory Flexibility Analysis significant economic impact on small of advertising or other solicitations (e.g., This final regulatory flexibility entities consistent with the stated telephone, radio, cable TV, direct mail) analysis is provided to meet the objectives of applicable statutes, by thousands of companies, it is not requirements of the Regulatory including a statement of the factual, practical for VA or other agencies to Flexibility Act (5 U.S.C. 601 et. seq.). A policy, and legal reasons for selecting even be aware of all of them, let alone copy of this final rule, including the the alternative adopted in the final rule review their content. final regulatory flexibility analysis, is and why each one of the other available from the individual referred to significant alternatives to the final rule Delinquent Loans—Clarification in the FOR FURTHER INFORMATION considered by the agency which affect In § 36.4306, paragraph (a)(5) provides CONTACT portion of this document. the impact on small entities was that if a loan is delinquent the new loan a. A succinct statement of the need rejected. will be guaranteed only if the Secretary for, and objectives of, the final rule. Response: Generally, limiting IRRRLs approves it in advance based on a Response: The need for and the to instances where the veteran’s finding that the borrower ‘‘through the objectives of this final rule are to insure monthly mortgage payment will lender’’ has provided certain that IRRRLs continue to provide a real decrease and requiring that the loans information and meets certain criteria. benefit to veterans and to protect the being refinanced either be current in One commenter asserted that the term financial interest of the Government. their payments or meet certain credit ‘‘through the lender’’ is confusing and b. A summary of the significant issues standard provisions is intended to should be clarified. In response, we note raised by the public comments in ensure that IRRRLs are made only when that ‘‘through the lender’’ merely means response to the initial regulatory they provide a real benefit to the veteran that the borrower submits information flexibility analysis, a summary of the and to protect the financial interest of to the lender who in turn submits it to assessment of the agency of such issues, the Government. One alternative would VA. We believe the proposed language and a statement of any changes made in be to allow IRRRLs to be made only conveys this concept clearly to readers. the proposed rule as a result of such when the veteran’s monthly mortgage comments. payment would decrease. However, as Paperwork Reduction Act Response: These matters are explained above in the preamble portion We submitted the collection of discussed above in the preamble portion of this document, this document information contained in the notice of of this document. establishes exceptions in those cases the proposed rulemaking to the Office of c. A description of and an estimate of when it appears that the objectives Management and Budget (OMB) for the number of small entities to which could still be met. Another alternative review in accordance with the the final rule will apply or an would be to require that all IRRRLs meet Paperwork Reduction Act (44 U.S.C. explanation of why no such estimate is the credit standard provisions. 3507(d)). The information collection available. However, we believe this is necessary subject to this rulemaking, set forth at Response: The final rule would apply only when the loan is delinquent. § 36.4306a(a)(3) and (a)(5), concerns to all lenders who make IRRRLs. In Another alternative would be to transfer requirements for certain IRRRLs. The Fiscal Year 1997, 1476 lenders made at responsibility for policing misleading final rule states that a loan being least one IRRRL. We believe a number advertising of offending lenders to the refinanced is delinquent and an IRRRL of these lenders are small entities; Federal Trade Commission. Although replacing such loan is subject to prior however, we are unable to make an VA believes referral of generic approval procedures if a scheduled informed estimate of the number misleading advertising issues (such as

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19910 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations bait and switch or truth in lending than the payment on the loan being manufactured home loans that were violations) to FTC is appropriate, we do refinanced, except when the term of the previously guaranteed under 38 U.S.C. not believe FTC staff would be new loan is shorter than the term of the 3712, the loan term, if being refinanced sufficiently familiar with the unique loan being refinanced; or the new loan under 38 U.S.C. 3710(a)(9)(B)(i), may requirements of the IRRRL program to is a fixed-rate loan that refinances a VA- exceed the original term of the loan but oversee lender compliance. We are guaranteed adjustable rate mortgage; or may not exceed the maximum loan term aware of no alternatives which could be the increase in the monthly payments allowed under 38 U.S.C. 3703(d)(1). considered that would allow the on the loan results from the inclusion of (Authority: 38 U.S.C. 3703(c)(1), 3710(e)(1)) objectives to be met and provide less energy efficient improvements, as * * * * * stringent rules for small businesses. provided by § 36.4336(a)(4); or the (The Office of Management and Budget has The adoption of the final rule would Secretary approves the loan in advance approved the information collection not have a significant impact on the after determining that the new loan is requirements in this section under control resources available to small entities. The necessary to prevent imminent number 2900–0601) type of actions that would be required foreclosure and the veteran qualifies for 3. In § 36.4337, paragraph (a) is are the same or similar to types of the new loan under the credit standards revised to read as follows: actions already being handled by contained in § 36.4337. employees of small entities. (4) The amount of the refinancing § 36.4337 Underwriting standards, We are unaware of any alternatives loan may not exceed: processing procedures, lender that would accomplish the intended (i) An amount equal to the balance of responsibility and lender certification. purposes. Further, we are unaware of the loan being refinanced, which must (a) Use of standards. The standards any changes we could consider not be delinquent, except in cases contained in paragraphs (c) through (j) regarding clarification, consolidation, or described in paragraph (a)(5) of this of this section will be used to determine simplification that could be made for section, and such closing costs as whether the veteran’s present and small entities and still protect veterans authorized by § 36.4312(d) and a anticipated income and expenses, and and the interests of the Government. discount not to exceed 2 percent of the credit history are satisfactory. These The final rule does not include loan amount; or standards do not apply to loans performance standards because we (ii) In the case of a loan to refinance guaranteed pursuant to 38 U.S.C. believe there is no means to ensure an existing VA-guaranteed or direct loan 3710(a)(8) except for cases where the compliance without design standards. and to improve the dwelling securing Secretary is required to approve the loan Further, we believe there is no good such loan through energy efficient in advance under § 36.4306a. reason for any lender to act contrary to improvements, the amount referred to (Authority: 38 U.S.C. 3703, 3710) the final rule. with respect to the loan under The Catalog of Federal Domestic paragraph (a)(4)(i) of this section, plus * * * * * Assistance Program number is 64.114. the amount authorized by [FR Doc. 99–10146 Filed 4–22–99; 8:45 am] § 36.4336(a)(4). BILLING CODE 8320±01±P List of Subjects in 38 CFR Part 36 (Authority: 38 U.S.C. 3703, 3710) Condominiums, Handicapped, Housing, Indians, Individuals with (5) If the loan being refinanced is ENVIRONMENTAL PROTECTION disabilities, Loan programs-housing and delinquent (delinquent means that a AGENCY community development, Loan scheduled monthly payment of programs-Indians, Loan programs- principal and interest is more than 30 40 CFR Part 52 days past due), the new loan will be veterans, Manufactured homes, [TX±84±1±7341a; FRL±6324±2] Mortgage insurance, Reporting and guaranteed only if the Secretary recordkeeping requirements, Veterans. approves it in advance after determining Approval and Promulgation of Air that the borrower, through the lender, Approved: March 25, 1999. Quality State Implementation Plans has provided reasons for the loan Togo D. West, Jr., (SIP); Texas: Motor Vehicle Inspection deficiency, has provided information to and Maintenance (I/M) Program Secretary of Veterans Affairs. establish that the cause of the For the reasons set out in the delinquency has been corrected, and AGENCY: Environmental Protection preamble, 38 CFR part 36 is amended as qualifies for the loan under the credit Agency (EPA). set forth below. standards contained in § 36.4337. In ACTION: Direct final rule. PART 36ÐLOAN GUARANTY such cases, the term ‘‘balance of the loan being refinanced’’ shall include SUMMARY: This action approves three 1. The authority citation for part 36 any past due installments, plus revisions to the I/M SIP submitted by continues to read as follows: allowable late charges. the State, thereby removing the Authority: 38 U.S.C. 501, 3701–3704, 3707, (6) The dollar amount of guaranty on conditions for final approval. The 3710–3714, 3719, 3720, 3729, 3762, unless the 38 U.S.C. 3710(a)(8) or (a)(9)(B)(i) program was initially given conditional otherwise noted. loan may not exceed the original dollar interim approval by the EPA on July 11, 1997 (62 FR 37138). The action is being 2. In § 36.4306a, paragraphs (a)(3) amount of guaranty applicable to the taken under section 348 of the National through (a)(5) are revised, paragraphs loan being refinanced, less any dollar Highway System Designation Act of (a)(6) and (a)(7) are added, and a amount of guaranty previously paid as 1995 (NHSDA) and section 110 of the parenthetical is added to the end of the a claim on the loan being refinanced; Clean Air Act (Act). The EPA is section, to read as follows: and (7) The term of the refinancing loan removing the conditions from the § 36.4306a Interest rate reduction (38 U.S.C. 3710(a)(8)) may not exceed interim approval because the State’s SIP refinancing loan. the original term of the loan being revisions correct the major conditions (a) * * * refinanced plus ten years, or the identified in the July 11, 1997, (3) The monthly principal and interest maximum loan term allowed under 38 conditional interim approval action. In payment on the new loan must be lower U.S.C. 3703(d)(1), whichever is less. For today’s Federal Register action, EPA is

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations 19911 finding that the State has obtained the I/M program as a revision to the Texas proposal (61 FR 51651) as minor for legislative authority needed to meet the SIP, based upon three major conditions purposes of interim approval. major conditions contained in EPA’s to be remedied within twelve months of (4) Evidence that the remote sensing July 11, 1997 action. Today’s action also final interim approval. The State had program is effective in identifying and approves into the SIP the definition of made a commitment to remedy these obtaining repairs on vehicles with high ‘‘primarily operated,’’ the State’s conditions and to support the additional levels of emissions, or expand the Texas commitment to implement On-Board needed legislation to be carried out in I/M core program area to include the Diagnostic testing, and removes the Texas’s 75th Legislative Session. entire urbanized area for both Dallas/ Fort Worth and Houston. requirement for Test-on-Resale from the What Are the Conditions That Need To SIP. Be Met for the EPA To Grant Final II. EPA Analysis of Texas’ Submittals DATES: This direct final rule is effective Interim Approval? on June 22, 1999, without further notice, A. May 29, 1997 Texas was required to obtain unless the EPA receives adverse The revision included a deletion of additional legal authority needed to comment by May 24, 1999. If adverse the test-on-resale element to the SIP, the implement its program. The specific comment is received, the EPA will Memorandum of Understanding (MOU) authority needed was outlined in EPA’s publish a timely withdrawal of the between the Texas Natural Resource NPR (61 FR 51651) and was identified direct final rule in the Federal Register Conservation Commission (TNRCC) and in a February 27, 1996, Governor’s and inform the public that the rule will Texas Department of Public Safety, and Executive Order that was submitted as not take effect. revision to the definition of ‘‘primarily part of the Texas I/M SIP. The major operated’’ in the Texas I/M rules. The ADDRESSES: Written comments on this conditions are the legal authority EPA has reviewed the State’s submittal action should be addressed to Mr. identified in the Executive Order that and finds it acceptable for approval. Thomas H. Diggs, Chief, Air Planning includes: (1) The denial of re- Section, at the EPA Regional Office registration of vehicles that have not Test-on-Resale listed below. Copies of the documents complied with I/M program relevant to this action are available for The removal of the test-on-resale requirements, (2) the establishment of a element from the SIP fulfills one of the public inspection during normal class C misdemeanor penalty for business hours at the following three major conditions required for SIP operating a grossly polluting vehicle in approval. locations. Persons interested in a nonattainment area (i.e., enforcement examining these documents should of remote sensing), and (3) the Memorandum of Understanding make an appointment with the requirement for an inspection within 60 The MOU outlines and specifies the appropriate office at least 24 hours days of resale and prior to transfer of respective responsibilities between the before the visiting day. Environmental title to nonfamily member consumers in TNRCC and the Texas Department of Protection Agency, Region 6, Air Dallas, Tarrant, or Harris counties. Public Safety. It fulfills the Federal I/M Planning Section (6PD–L), 1445 Ross The EPA also was aware that the State rule requirement for SIP submissions Avenue, Suite 700, Dallas, Texas 75202– of Texas had expressed plans to remove contained in 40 CFR 51.372(a)(7). 2733. Texas Natural Resource the ‘‘test-on-resale’’ provisions from Conservation Commission, 12100 Park their I/M plan. In the FRN, EPA stated Definition of ‘‘Primarily Operated’’ 35 Circle, Austin, Texas 78711–3087. that we would not require the State to The State also revised its definition of FOR FURTHER INFORMATION CONTACT: obtain authority for and implement the primarily operated to require Sandra Rennie, Air Planning Section test-on-resale provisions of the current compliance of vehicles that are operated (6PD–L), EPA Region 6, 1445 Ross State plan if the State submitted a SIP 60 calendar days in the nonattainment Avenue, Dallas, Texas 75202–2733, revision removing it from the SIP, since area, instead of 60 continuous days. The telephone (214) 665–7214. the test-on-resale provision was not revision will result in a strengthening of SUPPLEMENTARY INFORMATION: required by the Act or the Federal I/M the State I/M plan. rule. I. Background B. June 23, 1998 What Else Will Be Needed for EPA To In this revision to the I/M SIP, the What Are the Previous Actions Related Grant a Final Full Approval? to This Action? State commits to implementing On- The final conditional interim board Diagnostic testing beginning on On October 3, 1996 (61 FR 51651), approval also identified further January 1, 2001. This revision was EPA published a Notice of Proposed requirements for permanent I/M SIP required under section 51.358 of the Rule Making (NPR) proposing approval, that are not being considered Federal I/M regulation. conditional interim approval of Texas’ in this action. In addition to complying C. December 22, 1998 I/M program that was submitted to with all the major conditions of its satisfy the applicable requirements of commitment to EPA that is being acted During the 75th Texas legislative both the Act and the NHSDA. The on in this NPR, the State needs to session, the State obtained the authority formal SIP revision was submitted by provide EPA with the following: to implement a program for denial of re- Texas on March 14, 1996. After the NPR (1) A program evaluation to confirm registration of vehicles that have not was published, EPA received comments that the appropriate amount of program complied with I/M program requesting an extension of the comment credit was claimed by the State and requirements, and the authority to period for 60 days which was granted achieved with the interim program. establish a class C misdemeanor penalty on November 18, 1996 (61 FR 58671). (2) Final Texas Department of Public for operating a grossly polluting vehicle On July 11, 1997, (62 FR 37138), EPA Safety program regulations. in a nonattainment area (i.e., finalized its conditional interim (3) Evidence that the Texas I/M enforcement of remote sensing). Senate approval action and responded to program will meet all of the Bill 1856, signed by the Governor, and comments made on the action. The requirements of EPA’s I/M rule, effective on June 19, 1997, revised Federal Register Notice stated that EPA including those de minimus deficiencies section 382 of the Texas Health and was conditionally approving the Texas identified in the October 3, 1996, Safety Code, and sections 502 and 548

VerDate 23-MAR-99 16:11 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm01 PsN: 23APR1 19912 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations of the Texas Transportation Code to we receive adverse comments by May section 1(a) of E.O. 12875 do not apply correct legislative deficiencies identified 24, 1999. to this proposed rule. in the July 11, 1997, conditional interim If EPA receives such comments, we C. Executive Order 13045 approval. A certified copy of the will publish a document withdrawing legislation was submitted to EPA under the final rule and informing the public Protection of Children from a letter from the Governor dated that the rule will not take effect. All Environmental Health Risks and Safety December 22, 1998. public comments received will then be Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is III. Discussion of Rulemaking Action addressed in a subsequent final rule based on the proposed rule. A second determined to be ‘‘economically The EPA review of this material comment period will not be instituted. significant’’ as defined under E.O. indicates that these supplemental SIP Parties interested in commenting should 12866, and (2) concerns an revisions, with supporting do so at this time. If no such comments environmental health or safety risk that documentation, meet the minimum are received, the public is advised that EPA has reason to believe may have a requirements of the Act, NHSDA, and this rule will be effective on June 22, disproportionate effect on children. If Federal I/M regulations. Based upon the 1999, and no further action will be the regulatory action meets both criteria, discussion contained in the previous taken. the Agency must evaluate the analysis section, EPA concludes the environmental health or safety effects of Nothing in this action should be State’s submittals satisfy the conditions the planned rule on children, and construed as permitting or allowing or established in the July 11, 1997 explain why the planned regulation is establishing a precedent for any future conditional interim approval. Therefore, preferable to other potentially effective request for revision to any state EPA is granting final interim approval and reasonably feasible alternatives implementation plan. Each request for for the Texas I/M program. considered by the Agency. Because EPA views the approval of revision to the state implementation The proposed rule is not subject to these SIP revisions as non-controversial, plan shall be considered separately in E.O. 13045 because it is not we are taking direct final action to light of specific technical, economic, economically significant under E.O. approve these revisions to the I/M SIP. and environmental factors and in 12866, and it does not involve decisions relation to relevant statutory and intended to mitigate environmental IV. Explanation of the Interim regulatory requirements. health or safety risks. Approval VII. Administrative Requirements In the July 11, 1997, notice the 18- D. Executive Order 13084 month interim approval was set to lapse A. Executive Order (E.O.) 12866 Under E.O. 13084, EPA may not issue a regulation that is not required by on February 11, 1999. Prior to that date, The Office of Management and Budget statute, that significantly or uniquely Texas submitted a program effectiveness (OMB) has exempted this regulatory affects the communities of Indian tribal demonstration. The EPA is reviewing action from review under E.O. 12866, governments, and that imposes that submittal and will take action in entitled ‘‘Regulatory Planning and substantial direct compliance costs on the near future. Review.’’ those communities, unless the Federal V. Further Requirements for Permanent B. Executive Order 12875 government provides the funds I/M SIP Approval necessary to pay the direct compliance Under E.O. 12875, EPA may not issue Final approval of the State’s plan will costs incurred by the tribal a regulation that is not required by be granted based upon the criteria governments, or EPA consults with statute and that creates a mandate upon outlined in the background section and those governments. If EPA complies by a State, local, or tribal government, explained in the July 11, 1997 notice. consulting, E.O. 13084 requires EPA to unless the Federal government provides This Federal Register action does not provide to OMB, in a separately the funds necessary to pay the direct change the requirements for permanent identified section of the preamble to the compliance costs incurred by those I/M SIP approval. rule, a description of the extent of EPA’s governments. If EPA complies by prior consultation with representatives VI. Final Action consulting, E.O. 12875 requires EPA to of affected tribal governments, a provide to OMB a description of the The EPA is approving the State’s May summary of the nature of their concerns, extent of EPA’s prior consultation with 29, 1997, June 23, 1998, and December and a statement supporting the need to representatives of affected State, local, 22, 1998, submittals. By this approval, issue the regulation. In addition, E.O. and tribal governments, the nature of EPA is giving final interim approval to 13084 requires EPA to develop an their concern, copies of written the Texas I/M program. As discussed effective process permitting elected and communications from the governments, above, the State submitted the required other representatives of Indian tribal and a statement supporting the need to program demonstration prior to lapse of governments ‘‘to provide meaningful issue the regulation. In addition, E.O. the program approval. The EPA will and timely input in the development of 12875 requires EPA to develop an take a separate action on that regulatory policies on matters that effective process permitting elected demonstration. significantly or uniquely affect their officials and other representatives of The EPA is publishing this rule communities.’’ without prior proposal because we view state, local, and tribal government ‘‘to Today’s rule does not significantly or this as a noncontroversial submittal and provide meaningful and timely input in uniquely affect the communities of anticipate no adverse comments. the development of regulatory proposals Indian tribal governments. Accordingly, However, in the proposed rules section containing significant unfunded the requirements of section 3(b) of E.O. of this Federal Register publication, we mandates.’’ 13084 do not apply to this proposed are publishing a separate document that Today’s proposed rule does not create rule. will serve as the proposal to approve the a mandate on State, local, or tribal SIP revision should adverse comments governments. The rule does not impose E. Regulatory Flexibility Act be filed. This rule will be effective June any enforceable duties on these entities. The Regulatory Flexibility Act, 5 22, 1999, without further notice unless Accordingly, the requirements of U.S.C. 600 et seq., generally requires an

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Small entities that before a rule may take effect, the resale of vehicles subject to the include small businesses, small not-for- agency promulgating the rule must inspection and maintenance program, profit enterprises, and small submit a rule report, which includes a and provide the legal authority for governmental jurisdictions. This copy of the rule, to each House of the denial of re-registration of vehicles that proposed rule will not have a significant Congress and to the Comptroller General have not complied with the I/M impact on a substantial number of small of the United States. The EPA will program requirements, and the entities because conditional approval of submit a report containing this rule and establishment of a class C misdemeanor SIP submittals under section 110 and other required information to the U.S. penalty for operating a grossly polluting subchapter I, part D of the Act does not Senate, the U.S. House of vehicle in a nonattainment area. create any new requirements but simply Representatives, and the U.S. (i) Incorporation by reference: approves requirements that the State is comptroller General prior to publication (A) Narrative of State Implementation already imposing. Therefore, because of the rule in the Federal Register. This Plan revision submitted May 29, 1997, the Federal SIP approval does not rule is not a ‘‘major rule’’ as defined by by the Governor. impose any new requirements, I certify 5 U.S.C. 804(2). (B) Narrative of State Implementation that this action will not have a Plan revision submitted June 23, 1998, H. Petitions for Judicial Review significant economic impact on a by the Governor. substantial number of small entities. Under section 307(b)(1) of the Act, (C) Letter from the Governor dated Moreover, due to the nature of the petitions for judicial review of this December 22, 1998, submitting Senate Federal-State relationship under the action must be filed in the United States Bill 1856. Act, preparation of flexibility analysis Court of Appeals for the appropriate (ii) Additional material: (A) Senate Bill 1856. would constitute Federal inquiry into circuit by June 22, 1999. Filing a (B) Memorandum of Agreement the economic reasonableness of State petition for reconsideration by the between the Texas Natural Resource action. The Act forbids EPA to base its Administrator of this final rule does not affect the finality of this rule for the Conservation Commission and the actions concerning SIPs on such Texas Department of Public Safety grounds. See Union Electric Co., v. U.S. purposes of judicial review, nor does it extend the time within which a petition adopted November 20, 1996, and signed EPA, 427 U.S. 246, 255–66 (1976); 42 February 5, 1997. U.S.C. 7410(a)(2). for judicial review may be filed, and shall not postpone the effectiveness of § 52.2310 [Removed] F. Unfunded Mandates such rule or action. This action may not 3. Section 52.2310, Conditional be challenged later in proceedings to Under section 202 of the Unfunded approval, is removed. enforce its requirements. (See section Mandates Reform Act of 1995, signed 307(b)(2).) [FR Doc. 99–9460 Filed 4–22–99; 8:45 am] into law on March 22, 1995, EPA must BILLING CODE 6560±50±P prepare a budgetary impact statement to List of Subjects in 40 CFR PART 52 accompany any proposed or final rule Environmental protection, Air that includes a Federal mandate that pollution control, Carbon monoxide, ENVIRONMENTAL PROTECTION may result in estimated costs to State, Hydrocarbons, Incorporation by AGENCY local, or tribal governments in the reference, Intergovernmental relations, aggregate; or to private sector, of $100 Nitrogen dioxide, Ozone, Reporting and 40 CFR Part 52 million or more. Under section 205, recordkeeping requirements, Volatile [Region II Docket No. NJ33±2±191; FRL± EPA must select the most cost-effective organic compounds. 6328±8] and least burdensome alternative that Dated: March 30, 1999. achieves the objectives of the rule and Approval and Promulgation of Jerry Clifford, is consistent with statutory Implementation Plans; New Jersey 15 requirements. Section 203 requires EPA Acting Regional Administrator, Region 6. Percent Rate of Progress Plans, to establish a plan for informing and Part 52, chapter I, title 40 of the Code Recalculation of 9 Percent Rate of advising any small governments that of Federal Regulations is amended as Progress Plans and 1999 may be significantly or uniquely follows: Transportation Conformity Budget impacted by the rule. Revisions PART 52Ð[AMENDED] The EPA has determined that the AGENCY: Environmental Protection approval action proposed does not 1. The authority citation for part 52 Agency (EPA). continues to read as follows: include a Federal mandate that may ACTION: Final rule. result in estimated costs of $100 million Authority: 42 U.S.C. 7401–7671q. or more to either State, local, or tribal SUMMARY: The Environmental Protection governments in the aggregate, or to the Subpart SSÐTexas Agency (EPA) is approving a New Jersey private sector. This Federal action 2. Section 52.2270 is amended by State Implementation Plan (SIP) approves preexisting requirements adding new paragraph (c)(120) to read revision involving the State’s Ozone under State or local law, and imposes as follows: plan. Specifically, EPA is approving the no new requirements. Accordingly, no 15 Percent Rate of Progress (ROP) Plans, additional costs to State, local, or tribal § 52.2270 Identification of plan. recalculation of the 9 Percent ROP governments, or to the private sector, * * * * * Plans, revisions to the 1990 base year result from this action. (c) * * * emission inventories, revisions to the

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1996 and 1999 projection year emission are: Burlington, Camden, Cumberland, nonattainment areas eliminates the inventories, and the 1999 transportation Gloucester, Mercer, and Salem. shortfall identified in EPA’s December conformity budgets. The intended effect The following Clean Air Act (CAA) 12, 1997 disapproval of New Jersey’s 15 of this action is to approve programs requirements were included in the Percent ROP Plans and, thereby, required by the Clean Air Act which March 1, 1999 proposal: revisions to the terminates the sanction process will result in emission reductions that 1990 base year ozone emission associated with this deficiency and the will help achieve attainment of the 1- inventory; revisions to the 1996 and requirement for EPA to promulgate a hour national ambient air quality 1999 ozone projection emission FIP. Therefore, EPA will not proceed standard for ozone. In addition, this inventories; and the 1999 transportation with the FIP proposal which was approved SIP revision corrects the conformity budgets. EPA also proposed published on January 22, 1999 (64 FR deficiency which led EPA to approval of New Jersey’s 15 Percent 3465). The sanction clock associated disapprove, on December 12, 1997, New Rate of Progress (ROP) Plans and with the State’s failure to implement the Jersey’s 15 Percent ROP Plans. recalculation of the 9 Percent ROP enhanced inspection and maintenance Consequently, the sanction and Federal Plans. New Jersey’s two SIP submittals program, which was included in the Implementation Plan (FIP) process that revised the previously submitted 15 December 12, 1997 disapproval, was started by EPA’s disapproval are Percent ROP Plans and 9 Percent ROP continues to run. terminated. The sanction clock Plans dated December 31, 1996 and IV. Conclusion associated with the State’s failure to February 25, 1997. implement the enhanced inspection and New Jersey’s new 15 ROP Plans will EPA has evaluated these submittals maintenance program continues to run. achieve the required emission for consistency with the CAA and EFFECTIVE DATE: This rule will be reductions by November 15, 1999. This Agency regulations and policy. EPA is effective April 23, 1999. is the same date that the reductions approving New Jersey’s: revisions to the ADDRESSES: Copies of the State’s would have been achieved had the 1990 base year ozone emission submittals are available at the following enhanced I/M program started on time. inventory; revisions to the 1996 and addresses for inspection during normal The new measures along with the 1999 ozone projection emission business hours: previously approved measures in the inventories; 15 Percent ROP Plans, new 15 Percent ROP Plans being Environmental Protection Agency, recalculation of the 9 Percent ROP approved today meets EPA’s ‘‘as soon as Region II Office, Air Programs Branch, Plans; and the 1999 transportation practicable’’ criteria. 290 Broadway, 25th Floor, New York, conformity budgets for the North Jersey A detailed discussion of the SIP Transportation Planning Authority, New York 10007–1866. revisions and EPA’s rationale for New Jersey Department of South Jersey Transportation Planning approving them is contained in the Environmental Protection, Office of Organization, and Delaware Valley March 1, 1999 proposal and will not be Air Quality Management, Bureau of Regional Planning Commission. restated here. The reader is referred to Air Pollution Control, 401 East State EPA is making its approval of today’s the proposal for more details. Street, CN027, Trenton, New Jersey action effective upon the date of 08625. II. Public Comments publication in the Federal Register, based upon a finding of good cause. Environmental Protection Agency, Air In response to EPA’s proposed action and Radiation Docket and Information Approval of this action would relieve on this New Jersey SIP revision, no restrictions that have been placed on Center, Air Docket (6102), 401 M comments were received. Street, S.W., Washington, D.C. 20460. New Jersey when EPA disapproved its FOR FURTHER INFORMATION CONTACT: Paul III. Federal Implementation Plan SIP on December 12, 1997 and will not adversely affect other parties. The R. Truchan, Air Programs Branch, On December 12, 1997, EPA sanction clock associated with the Environmental Protection Agency, 290 announced by letter that its conditional State’s failure to implement the Broadway, 25th Floor, New York, New approval of New Jersey’s 15 Percent enhanced inspection and maintenance York 10278, (212) 637–4249. ROP Plans had converted to a program, which was included in the SUPPLEMENTARY INFORMATION: disapproval because the enhanced December 12, 1997 disapproval, inspection and maintenance program, I. Background continues to run. which was part of the State’s plans, did On March 1, 1999 (64 FR 9952), EPA not start as scheduled and resulted in an V. Administrative Requirements proposed approval of New Jersey’s State emission reduction shortfall. This A. Executive Order 12866 Implementation Plan (SIP) submittals of disapproval applied to the New Jersey July 30, 1998 and February 10, 1999. portions of the two severe ozone The Office of Management and Budget The July and February SIP submittals nonattainment areas: the Northern New (OMB) has exempted this regulatory address the requirements for the two Jersey NAA and the Trenton NAA. action from Executive Order (E.O.) severe ozone nonattainment areas in EPA’s disapproval of New Jersey’s 15 12866, entitled ‘‘Regulatory Planning New Jersey—the New York, Northern Percent ROP Plans triggered an and Review.’’ New Jersey, Long Island Area, and the obligation to promulgate a Federal B. Executive Order 12875 Philadelphia, Wilmington, Trenton Implementation Plan (FIP). For the Area. For the purposes of this action, Trenton NAA, EPA has been under a Under Executive Order 12875, EPA these areas will be referred to as, Consent Agreement to propose a FIP by may not issue a regulation that is not respectively, the Northern New Jersey January 15, 1999, and to adopt the FIP required by statute and that creates a nonattainment area (NAA) and the by August 15, 1999. EPA developed mandate upon a State, local or tribal Trenton NAA. The counties located such a FIP and proposed it on January government, unless the Federal within the Northern New Jersey NAA 22, 1999 (64 FR 3465). government provides the funds are: Bergen, Essex, Hudson, Hunterdon, Today’s approval of the July 30, 1998 necessary to pay the direct compliance Middlesex, Monmouth, Morris, Ocean, addendum and the February 10, 1999 costs incurred by those governments, or Passaic, Somerset, Sussex, and Union. State Implementation Plan revision for EPA consults with those governments. If The counties within the Trenton NAA the Northern New Jersey and Trenton EPA complies by consulting, Executive

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Order 12875 requires EPA to provide to those governments. If EPA complies by (‘‘Unfunded Mandates Act’’), signed the Office of Management and Budget a consulting, Executive Order 13084 into law on March 22, 1995, EPA must description of the extent of EPA’s prior requires EPA to provide to the Office of prepare a budgetary impact statement to consultation with representatives of Management and Budget, in a separately accompany any proposed or final rule affected State, local and tribal identified section of the preamble to the that includes a Federal mandate that governments, the nature of their rule, a description of the extent of EPA’s may result in estimated annual costs to concerns, copies of any written prior consultation with representatives State, local, or tribal governments in the communications from the governments, of affected tribal governments, a aggregate; or to private sector, of $100 and a statement supporting the need to summary of the nature of their concerns, million or more. Under section 205, issue the regulation. In addition, and a statement supporting the need to EPA must select the most cost-effective Executive Order 12875 requires EPA to issue the regulation. In addition, and least burdensome alternative that develop an effective process permitting Executive Order 13084 requires EPA to achieves the objectives of the rule and elected officials and other develop an effective process permitting is consistent with statutory representatives of State, local and tribal elected officials and other requirements. Section 203 requires EPA governments ‘‘to provide meaningful representatives of Indian tribal to establish a plan for informing and and timely input in the development of governments ‘‘to provide meaningful advising any small governments that regulatory proposals containing and timely input in the development of may be significantly or uniquely significant unfunded mandates.’’ regulatory policies on matters that impacted by the rule. Today’s rule does not create a significantly or uniquely affect their EPA has determined that the approval mandate on State, local or tribal communities.’’ action promulgated does not include a governments. The rule does not impose Today’s rule does not significantly or Federal mandate that may result in any enforceable duties on these entities. uniquely affect the communities of estimated annual costs of $100 million Accordingly, the requirements of Indian tribal governments. This action or more to either State, local, or tribal section 1 of Executive Order 12875 do does not involve or impose any governments in the aggregate, or to the not apply to this rule. requirements that affect Indian Tribes. private sector. This Federal action Accordingly, the requirements of C. Executive Order 13045 approves pre-existing requirements section 3(b) of E.O. 13084 do not apply under State or local law, and imposes Protection of Children from to this rule. Environmental Health Risks and Safety no new requirements. Accordingly, no Risks (62 FR 19885, April 23, 1997), E. Regulatory Flexibility Act additional costs to State, local, or tribal applies to any rule that: (1) is The Regulatory Flexibility Act (RFA) governments, or to the private sector, determined to be ‘‘economically generally requires an agency to conduct result from this action. significant’’ as defined under E.O. a regulatory flexibility analysis of any G. Submission to Congress and the 12866, and (2) concerns an rule subject to notice and comment Comptroller General environmental health or safety risk that rulemaking requirements unless the EPA has reason to believe may have a agency certifies that the rule will not The Congressional Review Act, 5 disproportionate effect on children. If have a significant economic impact on U.S.C. 801 et seq., as added by the Small the regulatory action meets both criteria, a substantial number of small entities. Business Regulatory Enforcement the Agency must evaluate the Small entities include small businesses, Fairness Act of 1996, generally provides environmental health or safety effects of small not-for-profit enterprises, and that before a rule may take effect, the the planned rule on children, and small governmental jurisdictions. This agency promulgating the rule must explain why the planned regulation is final rule will not have a significant submit a rule report, which includes a preferable to other potentially effective impact on a substantial number of small copy of the rule, to each House of the and reasonably feasible alternatives entities because SIP approvals under Congress and to the Comptroller General considered by the Agency. section 110 and subchapter I, part D of of the United States. EPA will submit a EPA interprets E.O. 13045 as applying the Clean Air Act do not create any new report containing this rule and other only to those regulatory actions that are requirements but simply approve required information to the U.S. Senate, based on health or safety risks, such that requirements that the State is already the U.S. House of Representatives, and the analysis required under section 5– imposing. Therefore, because the the Comptroller General of the United 501 of the Order has the potential to Federal SIP approval does not create States prior to publication of the rule in influence the regulation. This SIP any new requirements, EPA certifies the Federal Register. This rule is not a approval is not subject to E.O. 13045 that this action will not have a ‘‘major’’ rule as defined by 5 U.S.C. because it approves a state program significant economic impact on a 804(2). implementing a Federal standard, and it substantial number of small entities. H. Petitions for Judicial Review is not economically significant under Moreover, due to the nature of the E.O. 12866. Federal-State relationship under the Under section 307(b)(1) of the Clean Clean Air Act, preparation of flexibility Air Act, petitions for judicial review of D. Executive Order 13084 analysis would constitute Federal this action must be filed in the United Under Executive Order 13084, EPA inquiry into the economic States Court of Appeals for the may not issue a regulation that is not reasonableness of state action. The appropriate circuit by June 22, 1999. required by statute, that significantly or Clean Air Act forbids EPA to base its Filing a petition for reconsideration by uniquely affects the communities of actions concerning SIPs on such the Administrator of this final rule does Indian tribal governments, and that grounds. Union Electric Co., v. U.S. not affect the finality of this rule for the imposes substantial direct compliance EPA, 427 U.S. 246, 255–66 (1976); 42 purposes of judicial review nor does it costs on those communities, unless the U.S.C. 7410(a)(2). extend the time within which a petition Federal government provides the funds for judicial review may be filed, and necessary to pay the direct compliance F. Unfunded Mandates shall not postpone the effectiveness of costs incurred by the tribal Under section 202 of the Unfunded such rule or action. This action may not governments, or EPA consults with Mandates Reform Act of 1995 be challenged later in proceedings to

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Transportation Plans, Programs, and Projects Developed, Funded or List of Subjects in 40 CFR Part 52 * * * * * (g) The 15 Percent Rate of Progress Approved Under Title 23 U.S.C. or the Environmental protection, Air (ROP) Plans and the recalculation of the Federal Transit Act (and 40 CFR Part 93, pollution control, Hydrocarbons, 9 Percent ROP Plans included in the Subpart A) and are not affected by this Intergovernmental relations, Nitrogen July 30, 1998 addendum and the action. dioxide, Ozone, Reporting and February 10, 1999 State Implementation EPA approves these SIP revisions recordkeeping requirements, Volatile Plan revision for the New York/ under sections 110(k) and 176(c) of the organic compounds. Northern New Jersey/Long Island and Clean Air Act (CAA or the Act). A more Dated: April 12, 1999. Philadelphia/Wilmington/Trenton detailed discussion of this action is William J. Muszynski, nonattainment areas have been provided below and in the support Acting Regional Administrator, Region 2. approved. documentation. Part 52, chapter I, title 40 of the Code [FR Doc. 99–9872 Filed 4–22–99; 8:45 am] DATES: This rule is effective on June 22, 1999 without further notice, unless EPA of Federal Regulations is amended as BILLING CODE 6560±50±P follows: receives adverse comments by May 24, 1999. If EPA receives such comment, it PART 52Ð[AMENDED] ENVIRONMENTAL PROTECTION will publish a timely withdrawal in the AGENCY Federal Register informing the public 1. The authority citation for part 52 that this rule will not take effect. continues to read as follows: 40 CFR Part 52 ADDRESSES: Written comments must be Authority: 42 U.S.C. 7401 et seq. [CA126±0129a; FRL±6233±1] submitted to: Doris Lo, Planning Office § 52.1580 [Amended] [AIR2], Air Division, U.S. 2. Section 52.1580 is amended by Approval and Promulgation of Environmental Protection Agency, removing and reserving paragraph (b). Implementation Plans for Arizona and Region IX, 75 Hawthorne Street, San California; General Conformity Rules Francisco, CA 94105–3901. § 52.1581 [Removed and Reserved] Copies of the rule revisions and EPA’s AGENCY: 3. Section 52.1581 is removed and Environmental Protection evaluation report are available for reserved. Agency (EPA). public inspection at EPA’s Region 9 4. Section 52.1582 is amended by ACTION: Direct final rule. office during normal business hours. adding a sentence to the end of Copies of the submitted rule revisions SUMMARY: paragraph (d)(1) and by revising This action approves various are also available for inspection at the paragraphs (d)(3) and (d)(4) and adding revisions to State Implementation Plans following locations: new paragraph (g) as follows: (SIP) which contain regulations for implementing and enforcing the general Arizona Department of Environmental § 52.1582 Control strategy and conformity rules which the EPA Quality, 3033 North Central Avenue, Phoenix, Arizona 85012 regulations: Ozone (volatile organic promulgated on November 30, 1993. substances) and carbon monoxide. California Air Resources Board, 2020 L EPA is approving SIP revisions which Street, P.O. Box 2815, Sacramento, * * * * * contain general conformity rules for the California 95812 (d)(1) * * * Revisions to the 1990 Arizona SIP and the California SIP for El Dorado County APCD, 2850 Fairlane base year emission inventory dated the following California Air Pollution Court, Placerville, California 95667 February 10, 1999 for the New York/ Control Districts (APCD) and Air Great Basin Unified APCD, 157 Short Street, Northern New Jersey/Long Island and Quality Management Districts (AQMD): Suite #6, Bishop, California 93514 Philadelphia/Wilmington/Trenton El Dorado County APCD, Great Basin Monterey Bay Unified APCD, 24580 Silver nonattainment areas of New Jersey have Unified APCD, Monterey Bay Unified Cloud Court, Monterey, California 93940 been approved. San Joaquin Valley Unified APCD, 1999 APCD, San Joaquin Valley Unified Tuolumne Street, Suite 200, Fresno, * * * * * APCD, Santa Barbara County APCD, California 93721 (3) The 1996 and 1999 ozone South Coast AQMD, Feather River Santa Barbara County APCD, 26 Castillian projection year emission inventories AQMD, Placer County APCD, Drive, B–23, Goleta, California 93117 included in New Jersey’s July 30, 1998 Sacramento Metro AQMD, Imperial South Coast AQMD, 21865 E. Copley Drive, addendum and February 10, 1999 State County APCD, Bay Area AQMD, San Diamond Bar, California 91765–4182 Implementation Plan revision for the Diego County APCD, Butte County Feather River AQMD, 463 Palora Avenue, New York/Northern New Jersey/Long AQMD, Ventura County APCD, Mojave Yuba City, California 95991–4711 Island and Philadelphia/Wilmington/ Desert AQMD and Yolo-Solano AQMD. Placer County APCD, 11464 B Avenue, Auburn, California 95603 Trenton nonattainment areas have been The approval of these general Sacramento Metro AQMD, 8411 Jackson approved. conformity rules into the SIP will result Road, Sacramento, California 95826 (4) The conformity emission budgets in the SIP criteria and procedures Bay Area AQMD, 939 Ellis Street, San for the McGuire Air Force Base included governing general conformity Francisco, California 94109 in New Jersey’s December 31, 1996 State determinations instead of the Federal Imperial County APCD, 150 South Ninth Implementation Plan revision have been rules at 40 CFR Part 93, Subpart B for Street, El Centro, California 92243–2850 approved. The 1999 conformity those actions under the jurisdiction of San Diego County, APCD 9150 Chesapeake emission budgets for the North Jersey the SIPs. Federal actions by the Federal Drive, San Diego, California 92123–1096 Transportation Planning Authority, Highway Administration and Federal Butte County AQMD, 9287 Midway, Suite 1A, Durham, California 95938 South Jersey Transportation Planning Transit Administration (under Title 23 Ventura County APCD, 669 County Square Organization and Delaware Valley U.S.C. or the Federal Transit Act) are Drive, Ventura, California 93003 Regional Planning Commission covered by the transportation Mojave Desert AQMD, 15428 Civic Drive, included in New Jersey’s July 30, 1998 conformity rules under 40 CFR Part 51, Suite 200 Victorville, California 92392– addendum and the February 10, 1999 Subpart T-Conformity to State or 2383

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Yolo-Solano AQMD, 1947 Galileo Court, —San Joaquin Valley Unified APCD, advised that this rule will be effective Suite 103, Davis, California 95616 Rule 9110 General Conformity, 11/30/ on June 22, 1999 and no further action FOR FURTHER INFORMATION CONTACT: 94 will be taken on the proposed rule. Doris Lo, Planning Office (AIR2), Air —Santa Barbara County APCD, Rule 702 Nothing in this action should be Division, U.S., Environmental General Conformity, 11/30/94 construed as permitting or allowing or Protection Agency, Region IX,75 —South Coast AQMD, Rule 1901 establishing a precedent for any future Hawthorne Street, San Francisco, CA General Conformity, 11/30/94 request for revision to any state —Feather River AQMD, Rule 10.4 94105–3901, (415) 744–1287. implementation plan. Each request for General Conformity, 12/22/94 revision to the state implementation SUPPLEMENTARY INFORMATION: —Placer County APCD, Rule 508 plan shall be considered separately in I. Background General Conformity, 12/22/94 light of specific technical, economic, —Sacramento Metro AQMD, Rule 104 and environmental factors and in Section 176(c) of the Act requires that General Conformity, 12/22/94 relation to relevant statutory and all Federal actions conform to an —Bay Area AQMD, Federal General regulatory requirements. applicable implementation plan. Conformity Regulation, 12/28/94 Conformity is defined in section 176(c) —Imperial County APCD, Rule 925 III. Administrative Requirements of the Act as conformity to the SIP’s General Conformity, 2/24/95 A. Executive Order 12866 purpose of eliminating or reducing the —San Diego County APCD, Rule 1501 severity and number of violations of the General Conformity, 5/24/95 The Office of Management and Budget National Ambient Air Quality Standards —Butte County AQMD, Rule 1103 (OMB) has exempted this regulatory and achieving expeditious attainment of General Conformity, 5/25/95 action from Executive Order (E.O.) such standards, and that such activities —Ventura County APCD, Rule 220 12866, Regulatory Planning and Review. will not: (1) Cause or contribute to any General Conformity, 8/10/95 B. Executive Order 12875 new violation of any standard in any —Mojave Desert AQMD, Rule 2002- area, (2) increase the frequency or General Federal Actions Conformity, Under Executive Order 12875, severity of any existing violation of any 5/10/96 Enhancing the Intergovernmental standard in any area, or (3) delay timely —Yolo-Solano AQMD, Rule 10.3 Partnership, EPA may not issue a attainment of any standard or any General Conformity, 12/3/98 regulation that is not required by statute and that creates a mandate upon a State, required interim emission reductions or II. EPA Evaluation and Final Action other milestones in any area. local or tribal government, unless the EPA compared each of the submitted Federal government provides the funds As required by section 176(c) of the rules to the Federally promulgated rule necessary to pay the direct compliance Act, EPA published the final general at 40 CFR part 51. EPA believes that all costs incurred by those governments, or conformity rules implementing this of the submitted SIP revisions are EPA consults with those governments. If statutory section on November 30, 1993 consistent with 40 CFR 51.851(b) and EPA complies by consulting, Executive (58 FR 63214), which are codified under are no less stringent than the Federal Order 12875 requires EPA to provide to 40 CFR part 51 subpart W—Determining rule. EPA is thus approving the above the Office of Management and Budget a Conformity of General Federal Actions rules into the SIP under 110(k) and description of the extent of EPA’s prior to State or Federal Implementation 176(c) of the CAA. A more detailed consultation with representatives of Plans. Among other things, EPA’s discussion of EPA’s evaluation can be affected State, local and tribal general conformity rules require the found in the Support Documentation governments, the nature of their States and local air quality agencies available at the EPA Region 9 Office. concerns, copies of any written (where applicable) to adopt and submit EPA is publishing these rules without communications from the governments, a general conformity SIP revision to prior proposal because the EPA views and a statement supporting the need to EPA which are ‘‘no less stringent than this as a noncontroversial amendment issue the regulation. In addition, the requirements’’ of Subpart W (40 CFR and anticipates no adverse comments. Executive Order 12875 requires EPA to Part 51.851(b)). See also, § 176(c)(4)(C). However, in the proposed rules section develop an effective process permitting The governors of Arizona and of this Federal Register publication, elected officials and other California submitted SIP revisions in EPA is publishing a separate document representatives of State, local and tribal accordance with 40 CFR part 51, subpart that will serve as the proposal to governments ‘‘to provide meaningful W that contained general conformity approve the SIP revisions should and timely input in the development of rules for the following areas on the adverse comments be filed. These rules regulatory proposals containing following dates summarized below. will be effective June 22, 1999 without significant unfunded mandates.’’ Arizona Rule and Submittal Date further notice unless the Agency Today’s rule does not create a mandate receives adverse comments by May 24, on State, local or tribal governments. —Arizona Administrative Code Title 18, 1999. The rule does not impose any Chapter 2, Article 14, Conformity If the EPA receives any adverse enforceable duties on these entities. Determinations, 3/3/95 comments, then EPA will publish a Accordingly, the requirements of California District Rules and Submittal timely withdrawal of this direct final section 1(a) of E.O. 12875 do not apply Dates rule in the Federal Register informing to this rule. the public that the rule will not take —El Dorado County APCD, Rule 502 effect. All public comments received C. Executive Order 13045 General Conformity Rule, 11/30/94 will then be addressed in a subsequent Protection of Children from —Great Basin Unified APCD, Reg XIII final rule based on the proposed rule. Environmental Health Risks and Safety Conformity of General Federal The EPA will not institute a second Risks (62 FR 19885, April 23, 1997), Actions to SIPs, 11/30/94 comment period on this rule. Any applies to any rule that: (1) Is —Monterey Bay Unified APCD, parties interested in commenting on this determined to be ‘‘economically (Appendix G) General Conformity, 11/ rule should do so at this time. If no such significant’’ as defined under E.O. 30/94 comments are received, the public is 12866, and (2) concerns an

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19918 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations environmental health or safety risk that impact on a substantial number of small of the United States. EPA will submit a EPA has reason to believe may have a entities because SIP approvals under report containing this rule and other disproportionate effect on children. If section 110 and subchapter I, part D of required information to the U.S. Senate, the regulatory action meets both criteria, the Clean Air Act do not create any new the U.S. House of Representatives, and the Agency must evaluate the requirements but simply approve the Comptroller General of the United environmental health or safety effects of requirements that the State is already States prior to publication of the rule in the planned rule on children, and imposing. Therefore, because the the Federal Register. This rule is not a explain why the planned regulation is Federal SIP approval does not create ‘‘major’’ rule as defined by 5 U.S.C. preferable to other potentially effective any new requirements, I certify that this 804(2). and reasonably feasible alternatives action will not have a significant H. Petitions for Judicial Review considered by the Agency. This rule is economic impact on a substantial not subject to E.O. 13045 because it does number of small entities. Moreover, due Under section 307(b)(1) of the Clean not involve decisions intended to to the nature of the Federal-State Air Act, petitions for judicial review of mitigate environmental health or safety relationship under the Clean Air Act, this action must be filed in the United risks. preparation of flexibility analysis would States Court of Appeals for the constitute Federal inquiry into the appropriate circuit by June 22, 1999. D. Executive Order 13084 economic reasonableness of state action. Filing a petition for reconsideration by Under Executive Order 13084, The Clean Air Act forbids EPA to base the Administrator of this final rule does Consultation and Coordination with its actions concerning SIPs on such not affect the finality of this rule for the Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. purposes of judicial review nor does it not issue a regulation that is not EPA, 427 U.S. 246, 255–66 (1976); 42 extend the time within which a petition required by statute, that significantly or U.S.C. 7410(a)(2). for judicial review may be filed, and uniquely affects the communities of shall not postpone the effectiveness of Indian tribal governments, and that F. Unfunded Mandates such rule or action. This action may not imposes substantial direct compliance Under Section 202 of the Unfunded be challenged later in proceedings to costs on those communities, unless the Mandates Reform Act of 1995 enforce its requirements. (See section Federal government provides the funds (‘‘Unfunded Mandates Act’’), signed 307(b)(2).) necessary to pay the direct compliance into law on March 22, 1995, EPA must List of Subjects in 40 CFR Part 52 costs incurred by the tribal prepare a budgetary impact statement to governments, or EPA consults with accompany any proposed or final rule Environmental protection, Air those governments. If EPA complies by that includes a Federal mandate that pollution control, Carbon Monoxide, consulting, Executive Order 13084 may result in estimated annual costs to General conformity, Hydrocarbons, requires EPA to provide to the Office of State, local, or tribal governments in the Incorporation by reference, Management and Budget, in a separately aggregate; or to private sector, of $100 Intergovernmental relations, Nitrogen identified section of the preamble to the million or more. Under Section 205, dioxide, Ozone, Particulate matter, rule, a description of the extent of EPA’s EPA must select the most cost-effective Volatile organic compound. prior consultation with representatives and least burdensome alternative that Note: Incorporation by reference of the of affected tribal governments, a achieves the objectives of the rule and State Implementation Plan for the State of summary of the nature of their concerns, is consistent with statutory California and the State of Arizona was and a statement supporting the need to requirements. Section 203 requires EPA approved by the Director of the Federal issue the regulation. In addition, to establish a plan for informing and Register on July 1, 1982. Executive Order 13084 requires EPA to advising any small governments that Dated: January 29, 1999. develop an effective process permitting may be significantly or uniquely Laura Yoshii, elected officials and other impacted by the rule. Acting Regional Administrator. representatives of Indian tribal EPA has determined that the approval Part 52, chapter I, title 40 of the Code governments ‘‘to provide meaningful action promulgated does not include a of Federal Regulations is amended as and timely input in the development of Federal mandate that may result in follows: regulatory policies on matters that estimated annual costs of $100 million significantly or uniquely affect their or more to either State, local, or tribal PART 52Ð[AMENDED] communities.’’ Today’s rule does not governments in the aggregate, or to the significantly or uniquely affect the private sector. This Federal action 1. The authority citation for Part 52 continues to read as follows: communities of Indian tribal approves pre-existing requirements governments. Accordingly, the under State or local law, and imposes Authority: 42 U.S.C. 7401 et seq. requirements of section 3(b) of E.O. no new requirements. Accordingly, no 13084 do not apply to this rule. additional costs to State, local, or tribal Subpart DÐArizona governments, or to the private sector, E. Regulatory Flexibility Act 2. Section 52.120 is amended by result from this action. adding paragraph (c)(92) to read as The Regulatory Flexibility Act (RFA) follows: generally requires an agency to conduct G. Submission to Congress and the a regulatory flexibility analysis of any Comptroller General § 52.120 Identification of plan. rule subject to notice and comment The Congressional Review Act, 5 * * * * * rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small (c) * * * agency certifies that the rule will not Business Regulatory Enforcement (92) Plan revisions were submitted on have a significant economic impact on Fairness Act of 1996, generally provides March 3, 1995, by the Governor’s a substantial number of small entities. that before a rule may take effect, the designee. Small entities include small businesses, agency promulgating the rule must (A) Arizona State Administrative small not-for-profit enterprises, and submit a rule report, which includes a Code Title 18, Chapter 2, Article 14, small governmental jurisdictions. This copy of the rule, to each House of the adopted on December 23, 1994. final rule will not have a significant Congress and to the Comptroller General * * * * *

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Subpart FÐCalifornia (215) * * * of the Environment, on December 4, (i) * * * 1997, and as amended on October 7, 3. Section 52.220 is amended by (E) Imperial County Air Pollution 1998. The plan was submitted to fulfill adding paragraphs (c)(205) introductory Control District. requirements of the Clean Air Act text, (c)(205)(i) introductory text, (1) Rule 925, adopted on November (CAA), and EPA emission guidelines (c)(205)(i)(B)(2), (c)(207)(i)(B)(5), 29, 1994. (EG) applicable to existing MWC (c)(207)(i)(E)(2), (c)(207)(i)(F), * * * * * facilities with a unit combustor capacity (c)(207)(i)(G), (c)(207)(i)(H), (220) * * * of more than 250 tons per day (TPD) of (c)(207)(i)(I), (c)(210)(i)(F), (c)(210)(i)(G), (i) * * * municipal solid waste. An existing (c)(210)(i)(H), (c)(215)(i)(E), (D) San Diego County Air Pollution MWC unit is defined as one for which (c)(220)(i)(D), (c)(221)(i)(B), Control District. construction has commenced on or (c)(224)(i)(B)(2), (c)(231)(i)(C) and (1) Rule 1501, adopted on March 7, before September 20, 1994. (c)(259) to read as follows: 1995. DATES: This direct final rule is effective § 52.220 Identification of plan. * * * * * on June 22, 1999, without further notice, * * * * * (221) * * * unless the EPA receives adverse (c) * * * (i) * * * comment by May 24, 1999. If adverse (205) New and amended plans for the (B) Butte County Air Quality comment is received, the EPA will following APCDs were submitted on Management District. publish a timely withdrawal of the December 28, 1994, by the Governor’s (1) Rule 1103, adopted on February direct final rule in the Federal Register designee. 16, 1995. and inform the public that the rule will (i) Incorporation by reference. * * * * * not take effect. * * * * * (224) * * * ADDRESSES: Comments may be mailed to (B) * * * (i) * * * Makeba A. Morris, Chief, Technical (2) Federal General Conformity (B) * * * Assessment Branch, Mailcode 3AP22, Regulation, adopted on September 7, (2) Rule 220, adopted on May 9, 1995. Environmental Protection Agency, 1994. * * * * * Region III, 1650 Arch Street, * * * * * (231) * * * Philadelphia, Pennsylvania 19103. (207) * * * (i) * * * Copies of the documents relevant to this (i) * * * (C) Mojave Desert Air Quality action are available for public (B) * * * Management District. inspection during normal business (5) Rule 502, adopted on November 8, (1) Rule 2002, adopted on October 26, hours at the following locations: Air 1994. 1994. Protection Division, Environmental * * * * * * * * * * Protection Agency, Region III, 1650 (E) * * * (259) New and amended regulations Arch Street, Philadelphia, Pennsylvania; (2) Appendix G General Conformity, for the following APCDs were submitted and the Air and Radiation Management adopted on October 19, 1994. on December 3, 1998, by the Governor’s Administration, Maryland Department (F) Great Basin Unified Air Pollution designee. of the Environment, 2500 Broening Control District. (i) Incorporation by reference. Highway, Baltimore, Maryland 21224. (1) Regulation XIII, adopted on (A) Yolo-Solano Air Quality FOR FURTHER INFORMATION CONTACT: October 5, 1994. Management District. James B. Topsale at (215) 814–2190, or (G) San Joaquin Valley Unified Air (1) Rule 10.3, adopted on February 8, by e-mail at [email protected]. Pollution Control District. 1995. While information may be obtained via (1) Rule 9110, adopted on October 20, * * * * * 1994. e-mail, any comments must be [FR Doc. 99–9996 Filed 4–22–99; 8:45 am] (H) Santa Barbara County Air submitted, in writing, as indicated in Pollution Control District. BILLING CODE 6560±50±P the ADDRESSES section of this document. (1) Rule 702, adopted on October 20, SUPPLEMENTARY INFORMATION: 1994. ENVIRONMENTAL PROTECTION I. Background (I) South Coast Air Quality AGENCY Management District. Section 111(d) of the CAA requires (1) Rule 1901, adopted on September 40 CFR Part 62 that ‘‘designated’’ pollutants controlled 9, 1994. under standards of performance for new * * * * * [MD056±3022a; FRL±6330±7] stationary sources by section 111(b) of the CAA must also be controlled at (210) * * * Approval and Promulgation of State existing sources in the same source (i) * * * Air Quality Plans for Designated (F) Feather River Air Quality category. Also, section 129 of the CAA Facilities and Pollutants, Maryland; Management District. specifically addresses solid waste Control of Emissions From Large (1) Rule 10.4, adopted on November 7, combustion. It requires EPA to establish Municipal Waste Combustors 1994. emission guidelines (EG) for MWC units (G) Placer County Air Pollution AGENCY: Environmental Protection and requires states to develop state Control District. Agency (EPA). plans for implementing the promulgated (1) Rule 508, adopted on November 3, ACTION: Direct final rule. EG. The part 60, subpart Cb, EG for 1994. MWC units differ from other EG (H) Sacramento Metropolitan Air SUMMARY: EPA is approving the adopted in the past because the rule Quality Management District. municipal waste combustor (MWC) addresses both sections 111(d) and 129 (1) Rule 104, adopted on November 3, 111(d)/129 plan submitted by the Air CAA requirements. Section 129 1994. and Radiation Management requirements override certain related * * * * * Administration, Maryland Department aspects of section 111(d).

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On December 19, 1995, pursuant to by an approved State plan under B. Demonstration of Legal Authority sections 111 and 129 of the CAA, EPA sections 111(d) and 129 of the CAA. It promulgated new source performance fills a Federal enforceability gap until Title 40 CFR 60.26 requires the 111(d) standards (NSPS) applicable to new State plans are approved and ensures plan to demonstrate that the State has MWCs (i.e., those for which that the MWC units stay on track to legal authority to adopt and implement construction was commenced after complete pollution control equipment the emission standards and compliance September 20, 1994) and EG applicable retrofit schedules to meet the final schedules. The MDE has demonstrated to existing MWCs. The NSPS and EG are statutory compliance date of December that it has the legal authority to adopt codified at 40 CFR part 60, subparts Eb 19, 2000. However, the FIP no longer and implement the emission standards and Cb, respectively. See 60 FR 65387. applies once a State plan is approved. governing MWC emissions. MDE’s legal Subparts Cb and Eb regulate MWC An approved State plan is a State plan authority is derived from Title 2 of the emissions. Emissions from MWCs that EPA has reviewed and approved Environment Article, Annotated Code of contain organics (dioxin/furans), metals based upon the requirements of 40 CFR Maryland, sections 2–103(b) and 2–301. (cadmium, lead, mercury, particulate part 60, subpart B to implement and Furthermore, Maryland has submitted matter, opacity), and acid gases enforce 40 CFR part 60, subpart Cb. See and EPA has approved previous (hydrogen chloride, sulphur dioxide, 63 FR 63192. Maryland 111(d) plans for other and nitrogen oxides). As noted above, emissions from designated facilities that demonstrate On April 8, 1997, the United States MWCs contain organics (dioxin/furans), the required legal authority. This meets Court of Appeals for the District of metals (cadmium, lead, mercury, the requirements of 40 CFR 60.26. Columbia Circuit vacated subparts Cb particulate matter, opacity), and acid C. Inventory of MWCs in Maryland and Eb as they apply to MWC units with gases (hydrogen chloride, sulphur Affected by the EG capacity to combust less than or equal dioxide, and nitrogen oxides). These to 250 tons per day (TPD) of municipal pollutants can cause adverse effects to Title 40 CFR 60.25(a) requires the solid waste (MSW), consistent with the public health and the environment. 111(d) plan to include a complete their opinion in Davis County Solid Dioxin, lead and mercury can source inventory of all existing large Waste Management and Recovery bioaccumulate in the environment. Acid MWCs (i.e., unit capacity greater than District v. EPA, 101 F.3d 1395 (D.C. Cir. gases contribute to the acid rain that 250 TPD). The MDE has identified three 1996), as amended, 108 F.3d 1454 (D.C. lowers the pH of surface waters and (3) facilities with individual MWC units Cir. 1997). As a result, subparts Cb and watersheds, harms forests, and damages having combustion capacities greater Eb were amended to apply only to MWC buildings. In addition, nitrogen oxides than 250 TPD. The first facility, the units with the capacity to combust more emissions contribute to the formation of Baltimore Resco plant has a total than 250 TPD of MSW per unit (i.e., ground level ozone, which is associated capacity of 2,250 TPD, consisting of large MWC units). The amended with a number of adverse health and three 750 TPD units each with requirements of the EG and NSPS were environmental effects. emissions controlled by an electrostatic published in the Federal Register on II. Review of Maryland’s MWC Plan precipitator. The second facility, the August 25, 1997. See 62 FR 45119 and EPA has reviewed the Maryland Ogden Martin Systems of Montgomery 45124 for the EG amendments. County plant, has a total capacity of Section 129(b)(2) of the CAA requires 111(d)/129 plan for existing large MWC 1,800 TPD, consisting of three 600 TPD States to submit to EPA for approval units in the context of the requirements units each with emissions controlled by State plans that implement and enforce of 40 CFR part 60, and subparts B and dry lime furnace injection and post the EG. State plans must be ‘‘at least as Cb, as amended. A summary of that combustion scrubbers for acid gases; protective’’ as the EG, and become review is provided below. ammonia injection for nitrogen oxides; Federally enforceable upon approval by A. Identification of Enforceable State carbon injection for mercury and EPA. The procedures for adoption and Mechanism for Implementing the EG dioxins; and baghouses for particulate submittal of State Plans are codified in matter and metals. The third facility, the 40 CFR part 60, subpart B. EPA The regulation at 40 CFR 60.24(a) originally promulgated the subpart B requires that the section 111(d) plan Pulaski Highway MWC plant, has a total provisions on November 17, 1975. include emissions standards, defined in capacity of 1,500 TPD; however, this However, EPA amended subpart B on 40 CFR 60.21(f) as ‘‘ a legally plant was shut down on September 15, December 19, 1995, to allow the source enforceable regulation setting forth an 1995. specific subparts (e.g., subpart Cb) allowable rate of emissions into the D. Inventory of Emissions From MWC in developed under section 129 to include atmosphere, or prescribing equipment Maryland requirements that supersede the general specifications for control of air pollution provisions in subpart B regarding the emissions.’’ The State of Maryland Title 40 CFR 60.25(a) requires that the schedule for submittal of State plans, through the MDE, has adopted State plan include an emissions inventory the stringency of the emission regulations to control MWC emissions. that estimates emissions of the pollutant limitations, and the compliance The applicable Code of Maryland regulated by the EG. Emissions from schedules. See 60 FR 65414. Regulations (COMAR) for large MWC is MWCs contain organics (dioxin/furans), As required by section 129(b)(3) of the found at COMAR 26.11.08, Control of metals (cadmium, lead, mercury, CAA, on November 12, 1998 EPA Incinerators. The applicable portion of particulate matter, opacity), and acid promulgated a Federal Implementation the regulation relating to large MWC gases (hydrogen chloride, sulphur Plan (FIP) for large MWCs for which was adopted on October 24, 1997, and dioxide, and nitrogen oxides). For each construction was commenced on or became effective on November 17, 1997. MWC plant, the MDE plan contains before September 20, 1994. The FIP is COMAR 26.11.08 amendments were information on estimated MWC a set of emissions limits, compliance adopted on August 18, 1998 and became emission rates in pounds per hour and schedules, and other requirements that effective on September 7, 1998. The tons per year based on stack test data implement the MWC EG, as amended. MDE has met the requirements of 40 and continuous emission monitoring The FIP is applicable to those large CFR 60.24(a) to have a legally data. This meets the emission inventory existing MWC not specifically covered enforceable emission standard. requirements of 40 CFR 60.25(a).

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E. Emission Limitations for MWCs dioxins/furans emissions limitations 129 plan for the control of MWC Title 40 CFR 60.24(c) specifies that within one year following issuance of a emissions from affected facilities. A the State plan must include emission revised construction or operating copy of the TSD is available, upon standards that are no less stringent than permit, if a permit modification is request, from the EPA Regional Office the EG, except as specified in 40 CFR required, or within one year following listed in the ADDRESSES section of this 60.24(f) which allows for less stringent EPA approval of the State plan, document. Providing the Pulaski MWC emission limitations on a case-by-case whichever is later. facility remains closed, it is not subject basis if certain conditions are met. The MDE has determined that source to the COMAR 26.11.08 emission However, this exception clause is compliance with the EG emissions limitations, operator training, and superseded by section 129(b)(2) of the limits, including the supplemental compliance schedule requirements CAA which requires that state plans be limits, requires compliance no later than under the 111(d)/129 plan. As provided ‘‘at least as protective’’ as the EG. Title December 19, 2000. For any large MWC by 40 CFR 60.28(c), any revisions to 40 CFR 60.33b of the EG contains the for which construction commenced after Maryland’s MWC 111(d)/129 plan or emissions limitations applicable to June 26, 1987, the MDE regulation associated regulations will not be existing large MWCs. The MDE MWC requires compliance with all applicable considered part of the applicable plan regulation meets the emission limitation emission standards and requirements on until submitted by the State of Maryland requirements by specifying emission or before January 1, 1999. The MDE in accordance with 40 CFR 60.28(a) or limitations that are consistent and ‘‘at MWC regulation establishes interim and (b), as applicable, and until approved by least as protective’’ as those in the EG, final compliance dates, as required by EPA in accordance with 40 CFR part 60, as amended. subpart B 60.21(h)(1), and subpart Cb subpart B, requirements. 60.39b. EPA is publishing this action without F. Compliance Schedules prior proposal because the Agency H. Testing, Monitoring, Recordkeeping, views this as a noncontroversial A state section 111(d) plan must and Reporting Requirements include a compliance schedule that amendment and anticipates no adverse The EG at 40 CFR 60.38b and 60.39b owners and operators of affected MWCs comments. However, in the proposed cross reference applicable MWC NSPS must meet in complying with the rules Section of this Federal Register (subpart Eb) requirements relating to requirements of the plan. Any proposed publication, EPA is publishing a performance testing, monitoring, revision to a compliance schedule is separate document that will serve as the reporting and recordkeeping subject to the requirements of subpart B proposal to approve the 111(d)/129 plan requirements that State plans must 60.28, Plan revisions by the State. Title should relevant adverse or critical include. The MDE regulation meets the 40 CFR 60.39b of the EG provides that comments be filed. This rule will be requirements of 40 CFR 60.38b and planning, awarding of contracts, and effective June 22, 1999 without further 60.39b. installation of air emission collection notice unless the Agency receives and control equipment capable of I. A Record of Public Hearing on the relevant adverse comments by May 24, meeting the EG requirements must be State Plan 1999. If EPA receives such comments, then EPA will publish a notice accomplished within 3 years of EPA The public hearings on the applicable plan approval, but in no case later than withdrawing the final rule and portions of the MDE MWC regulation, informing the public that the rule will December 19, 2000. As a result of the COMAR 26.11.08, were held September Davis County litigation, noted above, not take effect. All public comments 17, 1997 and July 22, 1998. The received will then be addressed in a compliance with supplemental EG applicable portions of the regulation emissions limits for lead, sulfur dioxide, subsequent final rule based on the became effective November 17, 1997. proposed rule. EPA will not institute a hydrogen chloride, and nitrogen oxides The subsequent regulation amendments could extend until August 26, 2002, or second comment period on the for large MWCs became effective on proposed rule. Only parties interested in 3 years after EPA approval of the 111(d)/ September 7, 1998. The State provided 129 plan, whichever is earlier. However, commenting on this section should do evidence of complying with public so at this time. If no such comments are section 129(f)(2) of the CAA states that notice and other hearing requirements, requirements promulgated pursuant to received, the public is advised that this including a record of public comments rule will be effective on June 22, 1999 sections 111 and 129 must be effective received. The 40 CFR 60.23 requirement ‘‘as expeditiously as practicable after and no further action will be taken on for a public hearing on the 111(d)/129 the proposed rule. approval of a State plan.’’ Title 40 CFR plan has been met by the MDE. 60.39b(c)(1) provides that any IV. Administrative Requirements compliance schedule, extending more J. Provision for Annual State Progress than 1 year beyond the date of EPA plan Reports to EPA A. Executive Order 12866 approval, must include measurable and The MDE will submit to EPA on an The Office of Management and Budget enforceable increments of progress. The annual basis a report which details the (OMB) has exempted this regulatory minimum increments of progress are progress in the enforcement of the MWC action from review under E.O. 12866, specified in 40 CFR 60.21(h); they 111(d)/129 plan in accordance with 40 entitled ‘‘Regulatory Planning and include deadlines for submitting a final CFR 60.25. The first progress report will Review.’’ Because today’s rule does not control plan, awarding of contracts for be submitted to EPA one year after create a mandate on state, local or tribal emission control systems, initiating of approval of Maryland’s MWC 111(d)/ governments, it does not impose any on-site construction or installation of 129 plan. enforceable duties on these entities. emission control equipment, completing Accordingly, the requirements of of on-site construction/installation of III. Final Action section 1(a) of E.O. 12875 do not apply emission control equipment, and final Based upon the rationale discussed to this rule. This final rule is not subject compliance. In addition, 60.39b(c)(5) above and in further detail in the to E.O. 13045 because it is not an requires that all large MWCs for which technical support document (TSD) economically significant regulatory construction was commenced after June associated with this action, EPA is action as defined by E.O. 12866, and it 26, 1987 must meet the mercury and approving the Maryland MWC 111(d)/ does not address an environmental

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This action EPA to authorize the State of relations, Municipal waste combustors, Connecticut to implement and enforce does not involve or impose any Reporting and recordkeeping specific national emission standards for requirements that affect Indian Tribes. requirements. hazardous air pollutants for source Accordingly, the requirements of Dated: April 15, 1999. categories (NESHAPs) and new source section 3(b) of E.O. 13084 do not apply performance standards (NSPS) under to this rule. Under the Regulatory Thomas C. Voltaggio, Acting Regional Administrator, Region III. the Clean Air Act. This authority will be Flexibility Act (RFA), because the limited to only facilities that have Federal 111(d) approval does not create 40 CFR Part 62, Subpart V, is obtained a Clean Air Act Title V any new requirements, I certify that this amended as follows: operating permit under Connecticut’s action will not have a significant approved program. economic impact on a substantial PART 62Ð[AMENDED] EFFECTIVE DATE: This rule will become number of small entities. Under Section effective on May 24, 1999. 202 of the Unfunded Mandates Reform Subpart VÐMaryland ADDRESSES: Copies of the documents Act of 1995 (‘‘Unfunded Mandates 1. The authority citation for Part 62 relevant to this action are available for Act’’), EPA has determined that the continues to read as follows: public inspection during normal approval action promulgated does not Authority: 42 U.S.C. 7401–7642. business hours, by appointment at the include a Federal mandate that may Office of Ecosystem Protection, U.S. 2. A new center heading, and result in estimated annual costs of $100 Environmental Protection Agency, §§ 62.5110, 62.5111, and 62.5112 are million or more to either State, local, or Region I, One Congress Street, 11th added to read as follows: tribal governments in the aggregate, or floor, Boston, MA. to the private sector. Metals, Acid Gases, Organic FOR FURTHER INFORMATION CONTACT: B. Submission to Congress and the Compounds and Nitrogen Oxide Donald Dahl at (617) 918–1657. General Accounting Office Emissions From Existing Municipal SUPPLEMENTARY INFORMATION: Waste Combustors With a Unit The Congressional Review Act, 5 Capacity Greater Than 250 Tons Per I. Background U.S.C. 801 et seq., as added by the Small Day On December 6, 1996 (61 FR 64651), Business Regulatory Enforcement § 62.5110 Identification of plan. EPA published a Notice of Proposed Fairness Act of 1996, generally provides Rulemaking (NPR) for the State of that before a rule may take effect, the 111(d)/129 plan for municipal waste Connecticut. The NPR proposed agency promulgating the rule must combustors (MWCs) with a unit approval under section 112(l)(5) of the submit a rule report, which includes a capacity greater than 250 tons per day Clean Air Act (CAA, 42 U.S.C. 7401 et (TPD) and the associated Code of copy of the rule, to each House of the seq.) and 40 CFR 63.91 of Connecticut’s Maryland Regulation (COMAR Congress and to the Comptroller General mechanism for receiving authorization 26.11.08), as submitted by the Air and of the United States. EPA will submit a to implement section 112 standards for Radiation Management Administration, report containing this rule and other part 70 sources that are unchanged from Maryland Department of the required information to the U.S. Senate, the federal standards as promulgated. Environment, on December 4, 1997, and Section 112 of the CAA provides for the the U.S. House of Representatives, and as amended on October 7, 1998. the Comptroller General of the United control of air toxics emissions through States prior to publication of this rule in § 62.5111 Identification of sources. the issuance of federal National today’s Federal Register. This rule is The plan applies to all existing MWC Emission Standards for Hazardous Air not a ‘‘major rule’’ as defined by 5 facilities with a MWC unit capacity Pollutants. EPA’s approval was U.S.C. 804(2). greater than 250 TPD of municipal solid contingent on Connecticut making an waste. amendment to its authority for enforcing C. Petitions for Judicial Review federal standards. The state made the § 62.5112 Effective date. necessary changes to its statute. See Under section 307(b)(1) of the CAA, The effective date of the 111(d)/129 section 22(a)–174(c), as amended by petitions for judicial review of this plan is June 22, 1999. Public Act 97–124 section 4. The action must be filed in the United States legislation, a copy of which can be Court of Appeals for the appropriate [FR Doc. 99–10229 Filed 4–22–99; 8:45 am] BILLING CODE 6560±50±P found in the docket, became effective on circuit by June 22, 1999. Filing a October 1, 1997. The NPR also proposed petition for reconsideration by the using the same mechanism to authorize Administrator of this final rule ENVIRONMENTAL PROTECTION state implementation of future NSPS pertaining to the State of Maryland AGENCY standards that are unchanged from 40 MWC 111(d)/129 plan does not affect CFR part 60. The authorization the finality of this rule for the purposes 40 CFR Part 63 mechanism does not cover sources of judicial review, nor does it extend the which do not obtain a Title V permit. time within which a petition for judicial [A±1±FRL±6325±3] Section 112(l) of the Clean Air Act, as review may be filed, and shall not Authorization To Implement Section inserted by the 1990 CAA amendments, postpone the effectiveness of such rule 111 and 112 Standards; State of authorizes EPA to approve state or local or action. This action may not be Connecticut air pollution control agencies to challenged later in proceedings to implement and enforce the standards set enforce its requirements. (See section AGENCY: Environmental Protection out in 40 CFR parts 61 and 63, National 307(b)(2).) Agency (EPA). Emission Standards for Hazardous Air

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Pollutants for Source Categories. On III. Administrative Requirements provide meaningful and timely input in November 26, 1993, EPA promulgated the development of regulatory proposals A. Executive Order 12866 regulations, codified at 40 CFR part 63, containing significant unfunded subpart E, establishing procedures for Under Executive Order 12866, (58 mandates.’’ EPA’s approval of state rules or Federal Register 51,735 (October 4, Today’s rule does not create a programs under section 112(l) (see 58 1993)) the Agency must determine mandate on state, local or tribal FR 62262). whether the regulatory action is governments. The rule does not impose ‘‘significant’’ and therefore subject to any enforceable duties on these entities. Any request for approval under CAA OMB review and the requirements of Accordingly, the requirements of section 112(l) must meet the approval the Executive Order. The Order defines section 1(a) of E.O. 12875 do not apply criteria in 112(l)(5) and 40 CFR part 63, ‘‘significant regulatory action’’ as one to this rule. subpart E. To streamline the approval that is likely to result in a rule that may: D. Executive Order 13084 process for future applications, a state or (1) Have an annual effect on the local agency may submit a one-time economy of $100 million or more or Under E.O. 13084, EPA may not issue demonstration that it has adequate adversely affect in a material way the a regulation that is not required by authorities and resources to implement economy, a sector of the economy, statute, that significantly affects or and enforce any CAA section 112 productivity, competition, jobs, the uniquely affects the communities of standards. See 40 CFR 63.90 environment, public health or safety, or Indian tribal governments, and that (introduction) and 63.91(a). If such State, local, or tribal governments or imposes substantial direct compliance demonstration is approved, then the communities; costs on those communities, unless the state or local agency would no longer (2) Create a serious inconsistency or Federal government provides the funds need to resubmit a demonstration of otherwise interfere with an action taken necessary to pay the direct compliance these same authorities and resources for or planned by another agency; costs incurred by the tribal every subsequent request for (3) Materially alter the budgetary governments, or EPA consults with authorization to implement CAA section impact of entitlements, grants, user fees, those governments. If EPA complies by 112 standards. However, EPA maintains or loan programs or the rights and consulting, Executive Order 13084 the authority to withdraw its approval if obligations of recipients thereof; or requires EPA to provide to the Office of the does not adequately implement or (4) Raise novel legal or policy issues Management and Budget, in a separately enforce an approved rule or program. arising out of legal mandates, the identified section of the preamble to the See 40 CFR 63.96. President’s priorities, or the principles rule, a description of the extent of EPA’s Other specific requirements and the set forth in the Executive Order. prior consultation with representatives rationale for EPA’s proposed action It has been determined that this rule of affected tribal governments, a were explained in the NPR and will not is not a ‘‘significant regulatory action’’ summary of the nature of their concerns, be restated here. No public comments under the terms of Executive Order and a statement supporting the need to were received on the NPR. 12866 and is therefore not subject to issue the regulation. In addition, OMB review. Executive Order 13084 requires EPA to II. Final Action develop an effective process permitting B. Executive Order 13045 EPA is approving a mechanism that elected officials and other This final rule is not subject to E.O. will allow Connecticut to accept representatives of Indian tribal 13045, entitled ‘‘Protection of Children authorization to implement CAA governments ‘‘to provide meaningful from Environmental Health Risks and sections 111 and 112. EPA is also and timely input in the development of Safety Risks,’’ because it is not an reconfirming previously authorized regulatory policies on matters that ‘‘economically significant’’ action under parts 60 and 61 standards as indicated significantly or uniquely affect their E.O. 12866. in Table I. Although EPA reserves its communities.’’ Today’s rule does not significantly or right, pursuant to 40 CFR 63.96, to C. Executive Order 12875 uniquely affect the communities of review the appropriateness of any future Under E.O. 12875, EPA may not issue Indian tribal governments. This action authorization request, EPA will not a regulation that is not required by does not involve or impose any institute any additional comment statute and that creates a mandate upon requirements that affect Indian Tribes. periods on future authorization actions. a state, local, or tribal government, Accordingly, the requirements of This authorization will give unless the Federal government provides section 3(b) of E.O. 13084 do not apply Connecticut the primary the funds necessary to pay the direct to this rule. implementation and enforcement compliance costs incurred by those responsibility of 40 CFR parts 60, 61 governments, or EPA consults with E. Regulatory Flexibility and 63 standards for sources that obtain those governments. If EPA complies by The Regulatory Flexibility Act (RFA) a Title V permit. However, EPA still consulting, Executive Order 12875 generally requires an agency to conduct retains the right, pursuant to CAA requires EPA to provide to the Office of a regulatory flexibility analysis of any sections 111(c) and 112(l)(7), to enforce Management and Budget a description rule subject to notice and comment any applicable emission standard or of the extent of EPA’s prior consultation rulemaking requirements unless the requirement under CAA sections 111 or with representatives of affected state, agency certifies that the rule will not 112. In addition, EPA is not authorizing local, and tribal governments, the nature have a significant economic impact on Connecticut to implement any of their concerns, copies of written a substantial number of small entities. authorities that require approval communications from the governments, Small entities include small businesses, rulemaking in the Federal Register, or and a statement supporting the need to small not-for-profit enterprises, and where Federal overview is the only way issue the regulation. In addition, E.O. small governmental jurisdictions. This to ensure national consistency in the 12875 requires EPA to develop an final rule will not have a significant application of the standards or effective process permitting elected impact on a substantial number of small requirements of CAA sections 111 or officials and other representatives of entities because authorizing Connecticut 112. state, local, and tribal governments ‘‘to to implement standards developed

VerDate 23-MAR-99 13:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.XXX pfrm07 PsN: 23APR1 19924 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Rules and Regulations under sections 111 and 112 of the CAA Federal mandate that may result in H. Petitions for Judicial Review does not create any new requirements, estimated costs of $100 million or more but simply allows the state to to either, local, or tribal governments in Under section 307(b)(1) of the Clean implement the standards. Therefore, the aggregate, or to the private sector. Air Act, petitions for judicial review of because an authorization of NSPS or This Federal approves action the State this action must be filed in the United MACT standard does not impose any of Connecticut to implement pre- States Court of Appeals for the new requirements, I certify that this existing requirements under state law, appropriate circuit by June 22, 1999. action will not have a significant and imposes no new requirements. Filing a petition for reconsideration by economic impact on a substantial Accordingly, no additional costs to the Administrator of this final rule does number of small entities. state, local, or tribal governments, or to not affect the finality of this rule for the F. Unfunded Mandates the private sector, result from this purposes of judicial review nor does it action. extend the time within which a petition Under section 202 of the Unfunded for judicial review may be filed, and Mandates Reform Act of 1995 G. Submission to Congress and the shall not postpone the effectiveness of (‘‘Unfunded Mandates Act’’), signed Comptroller General such rule or action. This action may not into law on March 22, 1995, EPA must be challenged later in proceedings to prepare a budgetary impact statement to The Congressional Review Act, 5 enforce its requirements. (See section accompany any proposed or final rule U.S.C. 801 et seq., as added by the Small 307(b)(2).) that includes a Federal mandate that Business Regulatory Enforcement may result in estimated costs to , local, Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 63 or tribal governments in the aggregate; that before a rule may take effect, the or to the private sector, of $100 million agency promulgating the rule must Environmental protection, or more. Under section 205, EPA must submit a rule report, which includes a Administrative practice and procedure, select the most cost-effective and least copy of the rule, to each House of the Air pollution control, Hazardous burdensome alternative that achieves Congress and to the Comptroller General substances, Intergovernmental relations, the objectives of the rule and is of the United States. EPA will submit a Reporting and recordkeeping consistent with statutory requirements. report containing this rule and other requirements. required information to the U.S. Senate, Section 203 requires EPA to establish a Authority: This action is issued under the the U.S. House of Representatives, and plan for informing and advising any authority of sections 111 and 112 of the the Comptroller General of the United small governments that may be Clean Air Act, as amended, 42 U.S.C. 7412. significantly or uniquely impacted by States prior to publication of the rule in the rule. the Federal Register. This rule is not a Dated: April 6, 1999. EPA has determined that the approval ‘‘major rule’’ as defined by 5 U.S.C. John P. DeVillars, action promulgated does not include a 804(2). Regional Administrator, Region I.

TABLE TO THE PREAMBLE [Authorization of Connecticut to implement part 60 and 61 standards as they apply to sources with permits under Connecticut's Title V Operating Permits Program]

Part 60ÐSubpart Categories

D ...... Fossil-Fuel Fired Steam Generators Da ...... Electric Utility Steam Generators Db ...... Industrial-Commercial-Institutional Steam Generating Units Dc ...... Small Industrial Commercial Institutional Steam Generating Units E ...... Incinerators Ea ...... Municipal Waste Combustors F ...... Portland Cement Plants G ...... Nitric Acid Plants H ...... Sulfuric Acid Plants I ...... Asphalt Concrete Plants J ...... Petroleum Refineries K ...... Petroleum Liquid Storage Vessels Ka ...... Petroleum Liquid Storage Vessels Kb ...... Volatile Organic Liquid Storage Tanks L ...... Secondary Lead Smelters M ...... Secondary Brass and Bronze Production Plants N ...... Basic Oxygen Process Furnaces Primary Emissions Na ...... Basic Oxygen Process SteelmakingÐSecondary Emissions O ...... Sewage Treatment Plants T ...... Phosphate Fertilizer Wet Process U ...... Phosphate FertilizerÐSuperphosphoric Acid V ...... Phosphate FertilizerÐDiammonium Phosphate W ...... Phosphate FertilizerÐTriple Superphosphate X ...... Phosphate FertilizerÐGranular Triple Superphosphate Storage AA ...... Steel PlantsÐElectric Arc Furnaces CC ...... Glass Manufacturing Plants EE ...... Surface Coating of Metal Furniture GG ...... Stationary Gas Turbines HH ...... Lime Manufacturing Plants LL ...... Metallic Mineral Processing Plants QQ ...... Graphic ArtsÐRotogravure Printing

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TABLE TO THE PREAMBLEÐContinued [Authorization of Connecticut to implement part 60 and 61 standards as they apply to sources with permits under Connecticut's Title V Operating Permits Program] RR ...... Tape and Label Surface Coatings SS ...... Surface Coating: Large Appliances TT ...... Metal Coil Surface Coating UU ...... Asphalt Processing Roofing VV ...... Equipment Leaks of VOC in SOCMI WW ...... Beverage Can Surface Coating XX ...... Bulk Gasoline Terminals BBB ...... Rubber Tire Manufacturing DDD ...... VOC Emissions from Polymer Manufacturing Industry FFF ...... Flexible Vinyl and Urethane Coating and Printing GGG ...... Equipment Leaks of VOC in Petroleum Refineries HHH ...... Synthetic Fiber Production III ...... VOC from SOCMI Air Oxidation Unit JJJ ...... Petroleum Dry Cleaners NNN ...... VOC from SOCMI Distillation OOO ...... Nonmetallic Mineral Plants SSS ...... Magnetic Tape Coating TTT ...... Surface Coating of Plastic Parts for Business Machines VVV ...... Polymeric Coating of Supporting Substrates

Part 61ÐSubpart Categories

C ...... Beryllium D ...... BerylliumÐRocket Motor E ...... Mercury F ...... Vinyl Chloride J ...... Equip Leaks of Benzene M ...... Asbestos N ...... ArsenicÐGlass Manufacturing Q ...... RadonÐDOE Facilities V ...... Equip Leaks (Fugitive Emission Sources) Y ...... Benzene Storage Vessels

[FR Doc. 99–9472 Filed 4–22–99; 8:45 am] published on February 25, 1999, and the Rules’’ section of this Federal Register. BILLING CODE 6560±50±P extension of the public comment period We will not provide for additional published in a separate document in the public comment during the final action. ‘‘Proposed Rules’’ section of this Any party interested in commenting ENVIRONMENTAL PROTECTION Federal Register. must do so during the extended AGENCY DATES: As of April 23, 1999, we comment period. withdraw the immediate final rule 40 CFR Part 271 Dated: April 16, 1999. published at 64 FR 9278, on February William P. Yellowtail, [FRL±6330±9] 25, 1999. Regional Administrator, Region VIII. FOR FURTHER INFORMATION CONTACT: Kris [FR Doc. 99–10231 Filed 4–22–99; 8:45 am] Wyoming: Final Authorization of State Shurr (8P–HW), phone number: (303) BILLING CODE 6560±50±P Hazardous Waste Management 312–6312, 999 18th Street, Suite 500, Program Revision Denver, Colorado 80202–2466. AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Because Agency (EPA). we received adverse comment, we are NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTION: Withdrawal of immediate final withdrawing the immediate final rule rule. for Wyoming: Final Authorization of State Hazardous Waste Management 48 CFR Parts 1802, 1804, 1812, 1852, SUMMARY: We are withdrawing the Program Revision published on 1853, and 1871 immediate final rule for Wyoming: Final February 25, 1999 at 64 FR 9278, which Administrative Revisions to the NASA Authorization of State Hazardous Waste intended to grant authorization for the FAR Supplement Management Program Revision first revision to Wyoming’s Hazardous published on February 25, 1999, which Waste Rules. We stated in the AGENCY: National Aeronautics and approved the first revision to immediate final rule that if we received Space Administration (NASA). Wyoming’s Hazardous Waste Rules. We adverse comment by March 29, 1999, ACTION: Final rule. stated in the immediate final rule that we would publish a timely notice of if we received adverse comment, we withdrawal in the Federal Register. SUMMARY: This is a final rule to conform would publish a timely notice of Subsequently, we received adverse NASA FAR Supplement MidRange withdrawal in the Federal Register. comment. We will address all comments Administrative Procedures with FAR Subsequently, we received adverse in a subsequent final action based on 19.11, 19.12, 19.13, and make editorial comment. We will address the adverse the previously published proposed rule corrections and miscellaneous changes comment in a subsequent final action and an extension of the public comment dealing with NASA internal and based on the proposed rule also period published in the ‘‘Proposed administrative matters.

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DATES: This rule is effective April 23, required. However, comments from (C) 1852.215–84, Ombudsman. 1999. small entities concerning the affected (D) 1852.219–75, Small Business ADDRESSES: Celeste Dalton, NASA NFS subpart will be considered in Subcontracting Reporting. Headquarters Office of Procurement, accordance with 5 U.S.C. 610. Such (E) 1852.219–76, NASA Small Contract Management Division (Code comments must be submitted separately Disadvantaged Business Goal. HK), Washington, DC 20546. and should cite 5. U.S.C. 601, et seq. (F) 1852.223–71, Frequency Authorization. FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act Celeste Dalton, (202) 358–1645, e-mail: (G) 1852.228–72, Cross-Waiver of [email protected]. The Paperwork Reduction Act does Liability for Space Shuttle Services. not apply because the changes to the SUPPLEMENTARY INFORMATION: (H) 1852.228–76, Cross-Waiver of NFS do not impose recordkeeping or Liability for Space Station Activities. Background information collection requirements, or (I) 1852.228–78, Cross-Waiver of Recent changes to FAR Subpart 19.11, collections of information from offerors, Liability for NASA Expendable Launch Price Evaluation Adjustment for Small contractors, or members of the public Vehicles. Disadvantaged Business Concerns, and which require the approval of the Office (J) 1852.232–70, NASA Progress FAR Subpart 19.12, Small of Management and Budget under 44 Payment Rates. Disadvantaged Business Participation U.S.C. 3501, et seq. (K) 1852.246–72, Material Inspection and Receiving Report. Program, established mechanisms to List of Subjects in 48 CFR Parts 1802, benefit small disadvantaged business 1804, 1812, 1852, 1853, and 1871 (SDB) firms at the prime and PART 1852ÐSOLICITATION subcontract levels. This rule Government procurement. PROVISIONS AND CONRACT incorporates these changes into Tom Luedtke, CLAUSES MidRange Procedures and provides Acting Associate Administrator for 5. In paragraph (b)(i) to section guidance on the evaluation of the extent Procurement. 1852.103, ‘‘CW’’ and ‘‘LERC’’ are of SDB participation, as required by Accordingly, 48 CFR Parts 1802, 1804, removed, and ‘‘GRC’’ is added in FAR 19.12, under MidRange Best Value 1812, 1852, 1853, and 1871 are alphabetical order after ‘‘DFRC’’. Selection (BVS) procedures. NASA amended as follows: MidRange Procurement Procedures PART 1853ÐFORMS require that all acquisitions be reserved PART 1802ÐDEFINITIONS OF WORDS for small business concerns. Changes at AND TERMS 6. Section 1853.271 is added to read FAR 19.13, implementing the SBA as follows: 1. The authority citation for 48 CFR Historically Underutilized Business Parts 1802, 1804, 1812, 1852, 1853, and 1853.271 MidRange procurement Zone (HUBZone) Program, change the 1871 continues to read as follows: procedures (NASA Forms 1667 and 1668). order of priority for small business set- The following forms are prescribed in Authority: 42 U.S.C. 2473(c)(1). asides. This rule incorporates this 1871.105(f): change into the MidRange Procedures. 2. In the definition ‘‘Contracting (a) NASA Form 1667, Request for Additional administrative changes are activity’’ in section 1802.101, ‘‘Lewis Offer. made to the MidRange Procedures to: Research Center’’ is removed and (b) NASA Form 1668, Contract. reflect the expiration of the pilot test ‘‘Glenn Research Center at Lewis Field’’ period and synopsis waiver for these is added in alphabetical order after PART 1871ÐMIDRANGE procedures; modify the dollar threshold ‘‘Dryden Flight Research Center’’. PROCUREMENT PROCEDURES for MidRange acquisitions; correct a FAR citation noted in section 1871.401– PART 1804ÐADMINISTRATIVE 7. Subpart 1871.1 is revised to read as 1(b)(3); delete redundant coverage of MATTERS follows: NASA Acquisition Internet Service Subpart 1871.1ÐGeneral 3. In paragraph (a) to section (NAIS) usage at section 1871.405; and 1804.7102, under the heading Sec. add prescribed NASA Forms 1667 and ‘‘Installation’’, ‘‘Lewis Research Center’’ 1871.101 Purpose. 1668 to Part 1853. Other editorial is removed and ‘‘Glenn Research Center 1871.102 Applicability. changes unrelated to MidRange are 1871.103 Definitions. at Lewis Field’’ is added in its place and made to: revise the language at 1871.104 Policy. the entry is placed in alphabetical order 1812.301(f)(i) to clarify that use of the after ‘‘Dryden Flight Research Center’’. clauses listed is authorized without Subpart 1871.1ÐGeneral obtaining a waiver; add clause PART 1812ÐACQUISITION OF 1871.101 Purpose. 1852.223–71, Frequency Authorization, COMMERCIAL ITEMS The purpose of this part is to establish to the list of clauses authorized for use policies and procedures that implement in commercial acquisitions in 4. Section 1812.301, is revised to read the MidRange procurement process. accordance with the authority at FAR as follows: 12.301(f); and revise several references 1871.102 Applicability. 1812.301 Solicitation provisions and to Lewis Research Center (LeRC) to the contract clauses for the acquisition of (a) This part applies to all acquisitions Glenn Research Center at Lewis Field commercial items. (NASA Supplements at NASA, except as provided in (GRC). paragraph (f)) 1871.401–4(a)(3), the aggregate amount Impact (f)(i) The following clauses are of which is not more than $10,000,000 authorized for use in acquisitions of including options, and for commercial Regulatory Flexibility Act commercial items when required by the items (FAR Part 12) not more than This final rule does not constitute a clause prescription: $25,000,000 including options. This significant revision within the meaning (A) 1852.214–71, Grouping for part may be used for commercial item of FAR 1.501 and Pub. L. 98–577, and Aggregate Award. contracts above $25,000,000 at the publication for public comments is not (B) 1852.214–72, Full Quantities. installation’s discretion.

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(b) For other than commercial items, (e) The NASA Acquisition Internet accordance with FAR 19.1305(d). The if the Government estimate exceeds the Service (NAIS) will be used to the buying team procurement members limits of paragraph (a) of this section, maximum extent practicable to shall document in the file the reason for the acquisition will be processed under disseminate advance acquisition the unrestricted purchase. FAR and NFS procedures applicable to information and conduct part 1871 * * * * * large acquisitions (see FAR Parts 14 and acquisitions. (h) Each model contract under a 15). When the estimate is within the (f) Use of locally generated forms is HUBZone MidRange set-aside shall threshold of paragraph (a) of this section encouraged where their use will contain the clause at FAR 52.219–3, and the acquisition was started using contribute to the efficiency and Notice of Total HUBZone Set-Aside. these procedures but the offered prices/ economy of the process. NASA Forms 9. In section 1871.401–1, paragraph costs exceed the MidRange ceiling, the 1667, Request for Offer, and 1668, (b)(3) is revised and paragraph (b)(5) is acquisition may continue under Contract, or computer generated added to read as follows: MidRange procedures, provided that— versions of these forms, may be used as (1) The price/cost can be determined the solicitation and contract cover 1871.401±1 Sealed offers. to be fair and reasonable; sheets, respectively, except that the * * * * * (2) The successful offeror accepts SF1442, Solicitation, Offer, and Award (b) * * * incorporation of required FAR and NFS (Construction, Alteration, or Repair), (3) All offers shall be examined for clauses applicable to large acquisitions; shall be used for construction mistakes in accordance with FAR and acquisitions and the SF1449, 14.407–1 and 14.407–2. The buying (3) The acquisition does not exceed Solicitation/Contract/Order for team shall determine that a prospective $15,000,000 for the total requirement. Commercial Items, shall be used for contractor is responsible and that the commercial item acquisitions. 1871.103 Definitions. prices offered are reasonable (see FAR Contractor generated forms or formats 14.408–2). The following terms are used for solicitation response should be * * * * * throughout part 1871 as defined in this allowed whenever possible. There is no subpart. requirement for uniform formats (see (5) When proceeding with an (a) MidRange procurement procedure FAR 15.204). unrestricted acquisition see— means a set of procedures contained in 8. In section 1871.204, paragraphs (a), (i) FAR Subpart 19.11 regarding use of this part and within the applicability of (d), and (f) are revised and paragraph (h) the price evaluation adjustment for 1871.102. is added to read as follows: small disadvantaged business (SDB) (b) Request for Offer (RFO) means the concerns; and solicitation used to request offers for all 1871.204 Small business set-asides. (ii) FAR Subpart 19.13 regarding use authorized MidRange procurements. (a) Except as provided in paragraphs of the price evaluation preference for (c) Clarification and Discussion are (b) through (f) of this section, each HUBZone small business concerns. used as defined in FAR 15.306. MidRange acquisition shall be reserved 10. In section 1871.401–2, the section (d) Commercial item is used as exclusively for small business concerns. heading is revised and paragraph (b)(5) defined in FAR 2.101. (See FAR subparts 19.5 and 19.13. See is added to read as follows: 1871.104 Policy. FAR 19.1305(a) regarding priority considerations). 1871.401±2 Two-step competitive (a) Unless stated otherwise, acquisition. * * * * * acquisitions conducted using MidRange * * * * * (d) If the buying team procurement procedures shall comply with all (b) * * * applicable parts of the FAR and NFS member determines that the conditions for a HUBZone set-aside, HUBZone sole (5) When proceeding with an (e.g. FAR 15.4 and 1815.4—Contract unrestricted acquisition see— Pricing, and FAR 19.7 and 1819.7—The source, or small business set-aside (i) FAR Subpart 19.11 regarding use of Small Business Subcontracting cannot be satisfied, the buying team the price evaluation adjustment for SDB Program). may purchase on an unrestricted basis concerns; and (b) Acquisitions conducted under Part utilizing MidRange procedures. The 1871, unless otherwise properly buying team procurement member shall (ii) FAR Subpart 19.13 regarding use restricted under the provisions of FAR document the contract file with the of the price evaluation preference for Part 6, are considered to be full and reason for the unrestricted acquisition. HUBZone small business concerns. open competition after exclusion of * * * * * 11. In section 1871.401–3, the section sources when set aside for competitions (f) If the buying team proceeds with heading is revised and paragraph (a)(4) among small business concerns (FAR a small business MidRange set-aside is added to read as follows: 6.203), 8(a) concerns (FAR 6.204), or and receives an offer from only one 1871.401±3 Competitive negotiated HUBZone small businesses (FAR 6.205). responsible small business concern at a acquisition not using qualitative criteria. (c) Options may be included in the reasonable price, the contracting officer (a) * * * acquisition provided they conform to will normally make an award to that 1871.102(a). concern. However, if the buying team (4) When proceeding with an (d) The appropriate part 1871 post- does not receive a reasonable offer from unrestricted acquisition see— selection processes (negotiation, award, a responsible small business concern, (i) FAR Subpart 19.11 regarding use of and publication of award) may be used the buying team procurement member the price evaluation adjustment for SDB to the extent applicable for Small may cancel the small business set-aside concerns; and Business Innovation Research (SBIR), and complete the acquisition on an (ii) FAR Subpart 19.13 regarding use broad agency announcements, unrestricted basis utilizing MidRange of the price evaluation preference for unsolicited proposals, and Small procedures. If the acquisition is a HUBZone small business concerns. Business Administration 8(a) HUBZone set-aside and only one * * * * * acquisitions within the applicability of acceptable offer is received, the buying 12. In section 1871.401–4 paragraph 1871.102(a). team should proceed with the award in (a)(5) is added to read as follows:

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1871.401±4 Competitive negotiations 1871.603 Establishment of evaluation Background using qualitative criteria (Best Value criteria. The objective of NASA’s COTR Selection). * * * * * training is to provide a common (a) * * * (b) For unrestricted acquisitions, background in contract management (5) When proceeding with an small disadvantaged business (SDB) processes and contract mechanisms for unrestricted acquisition see— participation shall be evaluated as a NASA’s COTRs to successfully apply (i) FAR Subpart 19.11 regarding use of BVS value characteristic (see FAR their delegated authority toward project the price evaluation adjustment for SDB 19.1202–3). In order to receive objectives. In fiscal year 1998, a review concerns. SDB concerns that choose the consideration under the value of NASA’s training program resulted in FAR 19.11 price evaluation adjustment characteristic, the offeror must propose actions to clarify the subjects that are shall receive no consideration under a a target for SDB participation greater required to be addressed and give NASA MidRange BVS value characteristic that than the baseline requirement. The field installations more flexibility in addresses the FAR 19.1202 SDB baseline requirement for SDB how they implement the training. participation is zero or no SDB participation evaluation; Impact (ii) FAR 19.1202 regarding the participation. SDB concerns that choose evaluation of the participation of SDB the price evaluation adjustment under Regulatory Flexibility Act concerns in performance of the contract. FAR 19.11 shall receive no This final rule does not constitute a For BVS MidRange acquisitions, SDB consideration under this MidRange BVS significant revision within the meaning participation shall be evaluated as a value characteristic. Like other value of FAR 1.501 and Pub. L. 98–577, and BVS value characteristic (see characteristics, offerors meeting the publication for comments is not 1871.603(b)); and baseline, but proposing no value above required. However, comments from (iii) FAR Subpart 19.13 regarding use the baseline, and which are otherwise small business entities concerning the of the price evaluation preference for acceptable, are to be considered for affected NFS coverage will be HUBZone small business concerns. award if they are finalists. considered in accordance with 5 U.S.C. (c) Past performance may be included 610. Such comments may be submitted * * * * * as a value characteristic or considered separately and should cite 5 U.S.C. 601, 13. In section 1871.401–5, paragraph as a separate evaluation criteria. If et seq. (b) is revised to read as follows: considered as a separate criterion, the 1871.401±5 Noncompetitive negotiations. relative importance of past performance Paperwork Reduction Act * * * * * in relation to cost and technical must be The Paperwork Reduction Act does defined in the solicitation. (b) Procedures. not apply because the changes to the (1) The buying team shall request * * * * * NFS do not impose any recordkeeping pricing information in accordance with [FR Doc. 99–10126 Filed 4–22–99; 8:45 am] or information collection requirements, FAR 15.402 and 15.403. BILLING CODE 7510±01±P or collections of information from (2) The technical member of the offerors, contractors, or members of the buying team shall provide technical public that require the approval of the NATIONAL AERONAUTICS AND assistance to the procurement member Office of Management and Budget under SPACE ADMINISTRATION during evaluation and negotiation of the 44 U.S.C. 3501, et seq. contractor’s offer. CFR 48 Part 1842 List of Subjects in 48 CFR Part 1842 14. Section 1871.405 is removed. Government procurement. 15. Section 1871.505 is revised to read Contracting Officer's Technical as follows: Representative (COTR) Training Tom Luedtke, Acting Associate Administrator for 1871.505 Notifications to unsuccessful AGENCY: National Aeronautics and Procurement. offerors. Space Administration (NASA). Accordingly, 48 CFR Part 1842 is For solicitations that were posted on ACTION: Final rule. amended as follows: the NAIS, a preaward notice shall be SUMMARY: This is a final rule amending electronically transmitted to the PART 1842ÐCONTRACT the NASA FAR Supplement (NFS) to offerors. In addition, contracting officers ADMINISTRATION AND AUDIT make the required COTR training shall comply with the preaward notices SERVICES subjects more logically coherent and for small business programs in FAR flexible. Specifically, this change: (1) 15.503(a)(2). 1. The authority citation for 48 CFR eliminates the Service Contract Act as a 16. In section 1871.602, the second Part 1842 continues to read as follows: mandatory topic; (2) combines coverage sentence is revised to read as follows: Authority: 42 U.S.C. 2473(c)(1). of the Anti-Deficiency Act with the 1871.602 Specifications for MidRange Limitation of Funds and Limitation of 2. In section 1842.270, paragraph (f) is procurements. Cost clauses; and (3) enables revised to read as follows: ** * The offeror will be guided in Procurement Officers to credit local 1842.270 Contracting officer technical meeting the Government’s needs by a ethics training against the requirement representative (COTR) delegations. for instruction in Procurement Integrity. separate set of value characteristics * * * * * which establish what the Government EFFECTIVE DATE: April 23, 1999. (f)(1) Mandatory training for COTRs considers to be valuable in an offer FOR FURTHER INFORMATION CONTACT: and their alternates shall include the beyond the baseline requirement. * ** Patrick Flynn, NASA Headquarters, following core topic areas: 17. In section 1871.603, paragraphs Office of Procurement, Contract (i) Contracting authority and contract (b) and (c) are redesignated as Management Division (Code HK), (202) modifications (including non-personal paragraphs (d) and (e), and new 358–0460, e-mail: services and inherently governmental paragraphs (b) and (c) are added to read [email protected]. functions); as follows: SUPPLEMENTARY INFORMATION: (ii) Inspection and surveillance;

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(iii) Changes and performance-based (2) Procurement officers are requirement(s) specified in paragraph contracting; responsible for assuring that the (f)(1) of this section: (iv) Contract financial and property course(s) utilized by their center address (i) Another center’s COTR training; or management (including ‘‘Limitation of the mandatory core topics in sufficient detail for the purpose of COTR training. (ii) Annual ethics training. Cost’’ clause, Anti-Deficiency Act, Procurement officers may accept the * * * * * ‘‘Limitation of Funds’’ clause); and following training alternative(s) in [FR Doc. 99–10125 Filed 4–22–99; 8:45 am] (v) Disputes. satisfaction of comparable BILLING CODE 7510±01±P

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Proposed Rules Federal Register Vol. 64, No. 78

Friday, April 23, 1999

This section of the FEDERAL REGISTER Service information that applies to the 601 E. 12th Street, Kansas City, Missouri contains notices to the public of the proposed proposed AD may be obtained from 64106. issuance of rules and regulations. The British Aerospace Regional Aircraft, Discussion purpose of these notices is to give interested Prestwick International Airport, persons an opportunity to participate in the Ayrshire, KA9 2RW, Scotland; The Civil Airworthiness Authority rule making prior to the adoption of the final (CAA), which is the airworthiness rules. telephone: (01292) 479888; facsimile: (01292) 479703. This information also authority for the United Kingdom, may be examined at the Rules Docket at recently notified the FAA that an unsafe DEPARTMENT OF TRANSPORTATION the address above. condition may exist on all British Aerospace HP137 Mk1, Jetstream series FOR FURTHER INFORMATION CONTACT: Mr. 200, and Jetstream Models 3101 and Federal Aviation Administration S.M. Nagarajan, Aerospace Engineer, 3201 airplanes. The CAA reports a FAA, Small Airplane Directorate, 1201 14 CFR Part 39 recent incident where the operator of Walnut, suite 900, Kansas City, Missouri one of the affected airplanes lost control 64106; telephone: (816) 426–6932; [Docket No. 98±CE±117±AD] while the airplane was on the ground facsimile: (816) 426–2169. RIN 2120±AA64 and veered off the runway. Inspection of SUPPLEMENTARY INFORMATION: this airplane following the incident Airworthiness Directives; British Comments Invited revealed an unacceptable amount of free Aerospace HP137 Mk1, Jetstream play in the nose landing gear steering Series 200, and Jetstream Models 3101 Interested persons are invited to linkage because of excessive wear in the and 3201 Airplanes participate in the making of the steering selector differential. proposed rule by submitting such This condition, if not corrected in a AGENCY: Federal Aviation written data, views, or arguments as timely manner, could result in loss of Administration, DOT. they may desire. Communications control of the airplane during take-off, ACTION: Notice of proposed rulemaking should identify the Rules Docket landing, or taxi operations. (NPRM). number and be submitted in triplicate to the address specified above. All Relevant Service Information SUMMARY: This document proposes to communications received on or before British Aerospace has issued the adopt a new airworthiness directive the closing date for comments, specified following: (AD) that would apply to all British above, will be considered before taking —Jetstream Alert Service Bulletin 32– Aerospace HP137 Mk1, Jetstream series action on the proposed rule. The A–JA980840, Original Issue: October 200, and Jetstream Models 3101 and proposals contained in this notice may 28, 1998, Revision No. 2: December 3201 airplanes. The proposed AD would be changed in light of the comments 17, 1998, which specifies procedures require inspecting the nose wheel received. for inspecting the nose wheel steering steering system to assure that the free Comments are specifically invited on system to assure that the free play play between the steering handle or the overall regulatory, economic, between the steering handle or knob knob and the nose wheels is within environmental, and energy aspects of and the nose wheels is within acceptable limits, and adjusting as the proposed rule. All comments acceptable limits, and adjusting as necessary. The proposed AD is the submitted will be available, both before necessary; and result of mandatory continuing and after the closing date for comments, —Jetstream Service Bulletin 32– airworthiness information (MCAI) in the Rules Docket for examination by JA980841, Original Issue: October 28, issued by the airworthiness authority for interested persons. A report that 1998, which specifies removing the the United Kingdom. The actions summarizes each FAA-public contact nose landing gear steering selector specified by the proposed AD are concerned with the substance of this valve and installing either a new nose intended to prevent the inability to steer proposal will be filed in the Rules landing gear steering selector valve or the airplane because of excessive free Docket. one that has been overhauled in play in the steering linkage, which Commenters wishing the FAA to accordance with the appropriate could result in loss of control of the acknowledge receipt of their comments component maintenance manual. airplane during take-off, landing, or taxi submitted in response to this notice The CAA classified these service operations. must submit a self-addressed, stamped bulletins as mandatory in order to DATES: Comments must be received on postcard on which the following assure the continued airworthiness of or before May 24, 1999. statement is made: ‘‘Comments to these airplanes in the United Kingdom. ADDRESSES: Submit comments in Docket No. 98–CE–117–AD.’’ The The CAA classifying a service bulletin triplicate to the Federal Aviation postcard will be date stamped and as mandatory is the same in the United Administration (FAA), Central Region, returned to the commenter. Kingdom as the FAA issuing an AD in Office of the Regional Counsel, Availability of NPRMs the United States. Attention: Rules Docket No. 98–CE– 117–AD, Room 1558, 601 E. 12th Street, Any person may obtain a copy of this The FAA’s Determination Kansas City, Missouri 64106. Comments NPRM by submitting a request to the These airplane models are may be inspected at this location FAA, Central Region, Office of the manufactured in the United Kingdom between 8 a.m. and 4 p.m., Monday Regional Counsel, Attention: Rules and are type certificated for operation in through Friday, holidays excepted. Docket No. 98–CE–117–AD, Room 1558, the United States under the provisions

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The authority citation for part 39 the proposed inspection, that it would described above. continues to read as follows: The FAA has examined the findings take approximately 6 workhours per of the CAA; reviewed all available airplane to accomplish the proposed Authority: 49 U.S.C. 106(g), 40113, 44701. information, including the service inspection, and that the average labor § 39.13 [Amended] rate is approximately $60 an hour. information referenced above; and 2. Section 39.13 is amended by Based on these figures, the total cost determined that AD action is necessary adding a new airworthiness directive impact of the proposed inspection on for products of this type design that are (AD) to read as follows: certificated for operation in the United U.S. operators is estimated to be States. $126,000, or $360 per airplane. British Aerospace: Docket No. 98–CE–117– AD. These figures only take into account Explanation of the Provisions of the the costs of the proposed inspection and Applicability: HP137 Mk1, Jetstream Series Proposed AD 200, and Jetstream Models 3101 and 3201 do not take into account the costs airplanes, all serial numbers, certificated in Since an unsafe condition has been associated with any adjustments that any category. identified that is likely to exist or would be necessary if the free play was Note 1: This AD applies to each airplane develop in other British Aerospace not within acceptable limits. The FAA identified in the preceding applicability HP137 Mk1, Jetstream series 200, and has no way of determining the number provision, regardless of whether it has been Jetstream Models 3101 and 3201 of airplanes that would need modified, altered, or repaired in the area airplanes of the same type design adjustments to the nose wheel steering subject to the requirements of this AD. For registered in the United States, the FAA system based on the results of the airplanes that have been modified, altered, or is proposing AD action. The proposed proposed inspection. repaired so that the performance of the AD would require inspecting the nose requirements of this AD is affected, the Regulatory Impact owner/operator must request approval for an wheel steering system to assure that the alternative method of compliance in free play between the steering handle or The regulations proposed herein accordance with paragraph (d) of this AD. knob and the nose wheels is within would not have substantial direct effects The request should include an assessment of acceptable limits, and adjusting as on the States, on the relationship the effect of the modification, alteration, or necessary. Accomplishment of the between the national government and repair on the unsafe condition addressed by proposed actions would be in the States, or on the distribution of this AD; and, if the unsafe condition has not accordance with British Aerospace power and responsibilities among the been eliminated, the request should include Jetstream Alert Service Bulletin 32-A- various levels of government. Therefore, specific proposed actions to address it. JA980840, Original Issue: October 28, in accordance with Executive Order Compliance: Required as indicated in the 1998, Revision No. 2, December 17, 12612, it is determined that this body of this AD, unless already accomplished. 1998. proposal would not have sufficient To prevent the inability to steer the The FAA is proposing in another federalism implications to warrant the airplane because of excessive free play in the action (Docket No. 98–CE–115–AD) a preparation of a Federalism Assessment. steering linkage, which could result in loss repetitive requirement of removing the For the reasons discussed above, I of control of the airplane during take-off, nose landing gear steering selector valve certify that this action (1) is not a landing, or taxi operations, accomplish the and installing either a new nose landing ‘‘significant regulatory action’’ under following: gear steering selector valve or one that Executive Order 12866; (2) is not a (a) Upon accumulating 10,000 landings or within the next 100 landings after the has been overhauled in accordance with ‘‘significant rule’’ under DOT effective date of this AD, whichever occurs the appropriate component maintenance Regulatory Policies and Procedures (44 later, inspect the nose wheel steering system manual. FR 11034, February 26, 1979); and (3) if to assure that the free play between the Differences Between the Service promulgated, will not have a significant steering handle or knob and the nose wheels is within acceptable limits. Accomplish this Bulletin and the Proposed AD economic impact, positive or negative, on a substantial number of small entities inspection in accordance with the A. British Aerospace Jetstream Alert under the criteria of the Regulatory Inspection portion of the Accomplishment Service Bulletin 32–A–JA980840, Flexibility Act. A copy of the draft Instructions section of British Aerospace Original Issue: October 28, 1998, Jetstream Alert Service Bulletin 32–A– regulatory evaluation prepared for this JA980840, Original Issue: October 28, 1998, Revision No. 2, December 17, 1998, action has been placed in the Rules Revision No. 2, December 17, 1998. specifies calendar compliance times Docket. A copy of it may be obtained by Note 2: If the number of landings is based on the number of landings each contacting the Rules Docket at the unknown, hours time-in-service (TIS) may be airplane has accumulated. In order to location provided under the caption used by dividing 10,000 and 100 by 0.75. If keep the compliance time equal for all ADDRESSES. hours TIS are utilized to calculate the airplane operators, the FAA is number of landings, this would calculate the proposing the inspection when the List of Subjects in 14 CFR Part 39 10,000 landings compliance time to 13,333 airplane has 10,000 landings. In order to Air transportation, Aircraft, Aviation hours TIS; and the 100 landings grace period assure that no affected airplane is safety, Safety. compliance time to 133 hours TIS. inadvertently grounded, the FAA is (b) If the free play between the steering proposing 100 landings as a grace The Proposed Amendment handle or knob and the nose wheels is not period. The proposed compliance time within the acceptable limits, prior to further Accordingly, pursuant to the flight, adjust in accordance with the B. is as follows: authority delegated to me by the Rectification portion of the Accomplishment ‘‘Upon accumulating 10,000 landings or Administrator, the Federal Aviation Instructions section of British Aerospace within the next 100 landings after the Administration proposes to amend part Jetstream Alert Service Bulletin 32–A–

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JA980840, Original Issue: October 28, 1998, DEPARTMENT OF TRANSPORTATION telephone: (516) 256–7521; facsimile: Revision No. 2, December 17, 1998. (516) 568–2716. Note 3: The FAA is proposing in another Federal Aviation Administration SUPPLEMENTARY INFORMATION: action (Docket No. 98–CE–115–AD) a repetitive requirement of removing the nose 14 CFR Part 39 Comments Invited landing gear steering selector valve and [Docket No. 99±CE±05±AD] Interested persons are invited to installing either a new nose landing gear participate in the making of the steering selector valve or one that has been RIN 2120±AA64 proposed rule by submitting such overhauled in accordance with the written data, views, or arguments as appropriate component maintenance manual. Airworthiness Directives; deHavilland they may desire. Communications (c) Special flight permits may be issued in Inc. Models DHC±2 Mk. I, DHC±2 Mk. II, should identify the Rules Docket accordance with §§ 21.197 and 21.199 of the and DHC±2 Mk. III Airplanes number and be submitted in triplicate to Federal Aviation Regulations (14 CFR 21.197 the address specified above. All AGENCY: Federal Aviation and 21.199) to operate the airplane to a communications received on or before Administration, DOT. location where the requirements of this AD the closing date for comments, specified can be accomplished. ACTION: Notice of proposed rulemaking above, will be considered before taking (d) An alternative method of compliance or (NPRM). action on the proposed rule. The adjustment of the compliance time that SUMMARY: This document proposes to proposals contained in this notice may provides an equivalent level of safety may be be changed in light of the comments approved by the Manager, Small Airplane adopt a new airworthiness directive (AD) that would apply to all received. Directorate, Aircraft Certification Service, Comments are specifically invited on 1201 Walnut, suite 900, Kansas City, deHavilland Inc. (deHavilland) Models DHC–2 Mk. I, DHC–2 Mk. II, and DHC– the overall regulatory, economic, Missouri 64106. The request shall be environmental, and energy aspects of forwarded through an appropriate FAA 2 Mk. III airplanes. The proposed AD would require repetitively inspecting the proposed rule. All comments Maintenance Inspector, who may add submitted will be available, both before comments and then send it to the Manager, the rear fuselage bulkhead at Station 228 for cracks. The proposed AD would also and after the closing date for comments, Small Airplane Directorate. in the Rules Docket for examination by Note 4: Information concerning the require repairing any crack found or replacing any cracked rear fuselage interested persons. A report that existence of approved alternative methods of summarizes each FAA-public contact compliance with this AD, if any, may be bulkhead in accordance with a repair or replacement scheme obtained from the concerned with the substance of this obtained from the Small Airplane proposal will be filed in the Rules Directorate. manufacturer through the Federal Aviation Administration (FAA). The Docket. (e) Questions or technical information proposed AD is the result of mandatory Commenters wishing the FAA to related to British Aerospace Jetstream Alert continuing airworthiness information acknowledge receipt of their comments Service Bulletin 32–A–JA980840, Original submitted in response to this notice Issue: October 28, 1998, Revision No. 2: (MCAI) issued by the airworthiness authority for Canada. The actions must submit a self-addressed, stamped December 17, 1998, should be directed to postcard on which the following British Aerospace Regional Aircraft, specified by the proposed AD are intended to detect and correct cracking statement is made: ‘‘Comments to Prestwick International Airport, Ayrshire, Docket No. 99–CE–05–AD.’’ The KA9 2RW, Scotland; telephone: (01292) of the rear fuselage bulkhead at Station 228, which could result in structural postcard will be date stamped and 479888; facsimile: (01292) 479703. This returned to the commenter. service information may be examined at the damage of the fuselage to the point of FAA, Central Region, Office of the Regional failure with consequent loss of airplane Availability of NPRMs control. Counsel, Room 1558, 601 E. 12th Street, Any person may obtain a copy of this DATES: Kansas City, Missouri 64106. Comments must be received on NPRM by submitting a request to the Note 5: The subject of this AD is addressed or before May 21, 1999. FAA, Central Region, Office of the in British Aerospace Jetstream Alert Service ADDRESSES: Submit comments in Regional Counsel, Attention: Rules Bulletin 32–A–JA980840, Original Issue: triplicate to the FAA, Central Region, Docket No. 99–CE–05–AD, Room 1558, October 28, 1998, Revision No. 2: December Office of the Regional Counsel, 601 E. 12th Street, Kansas City, Missouri 17, 1998. This service bulletin is classified as Attention: Rules Docket No. 99–CE–05– 64106. mandatory by the United Kingdom Civil AD, Room 1558, 601 E. 12th Street, Aviation Authority (CAA). Kansas City, Missouri 64106. Comments Discussion Issued in Kansas City, Missouri, on April may be inspected at this location Transport Canada, which is the 15, 1999. between 8 a.m. and 4 p.m., Monday airworthiness authority for Canada, Michael Gallagher, through Friday, holidays excepted. recently notified the FAA that an unsafe Manager, Small Airplane Directorate, Aircraft Service information that applies to the condition may exist on all deHavilland Certification Service. proposed AD may be obtained from Models DHC–2 Mk. I, DHC–2 Mk. II, Bombardier Inc., Bombardier Regional [FR Doc. 99–10174 Filed 4–22–99; 8:45 am] and DHC–2 Mk. III airplanes. Transport Aircraft Division, Garratt Boulevard, Canada reports three incidents of cracks BILLING CODE 4910±13±U Downsview, Ontario, Canada M3K 1Y5; found in the rear fuselage bulkhead at telephone: (416) 633–7310. This Station 228. The airplanes involved in information also may be examined at these incidents had between 10,000 and the Rules Docket at the address above. 12,000 hours time-in-service (TIS). FOR FURTHER INFORMATION CONTACT: Mr. This condition, if not detected and James Delisio, Aerospace Engineer, corrected in a timely manner, could FAA, New York Aircraft Certification result in structural damage of the Office, 10 Fifth Street, 3rd Floor, Valley fuselage to the point of failure with Stream, New York 11581–1200; consequent loss of airplane control.

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Relevant Service Information Compliance Time of the Proposed AD action has been placed in the Rules Docket. A copy of it may be obtained by Bombardier Inc. has issued the The compliance time of the proposed AD is presented in both calendar time contacting the Rules Docket at the following service information to address location provided under the caption the above-referenced condition: and hours TIS. While cracks are generally a result of classic fatigue (i.e., ADDRESSES. —deHavilland Beaver Service Bulletin aging and cylic operation), the FAA and List of Subjects in 14 CFR Part 39 2/52, dated August 30, 1998, which Bombardier believe that the condition specifies procedures for inspecting could develop over time regardless of Air transportation, Aircraft, Aviation the rear fuselage bulkhead at Station how often the airplane is operated. In safety, Safety. 228 for cracks on Models DHC–2 Mk. order to assure that rear fuselage The Proposed Amendment I and DHC–2 Mk. II airplanes; and bulkhead cracking does not go Accordingly, pursuant to the —deHavilland Beaver Service Bulletin undetected, a compliance time of authority delegated to me by the TB/60, dated August 30, 1998, which specific hours TIS and calendar time Administrator, the Federal Aviation specifies procedures for inspecting (whichever occurs first) is proposed. Administration proposes to amend part the rear fuselage bulkhead at Station Cost Impact 39 of the Federal Aviation Regulations 228 for cracks on Model DHC–2 Mk. (14 CFR part 39) as follows: III airplanes. The FAA estimates that 350 airplanes in the U.S. registry would be affected by Transport Canada classified these PART 39ÐAIRWORTHINESS the proposed AD, that it would take DIRECTIVES service bulletins as mandatory and approximately 1 workhour per airplane issued Canadian AD No. CF–98–38, to accomplish the proposed initial 1. The authority citation for part 39 dated October 15, 1998, in order to inspection, and that the average labor continues to read as follows: assure the continued airworthiness of rate is approximately $60 an hour. Authority: 49 U.S.C. 106(g), 40113, 44701. these airplanes in Canada. Based on these figures, the total cost The FAA’s Determination impact of the proposed initial § 39.13 [Amended] inspection on U.S. operators is 2. Section 39.13 is amended by This airplane model is manufactured estimated to be $21,000, or $60 per adding a new airworthiness directive in Canada and is type certificated for airplane. These figures only take into (AD) to read as follows: operation in the United States under the the account the costs of the initial deHavilland Inc. Docket No. 99–CE–05–AD. provisions of section 21.29 of the inspection and do not take into account Federal Aviation Regulations (14 CFR the costs of the repetitive inspections or Applicability: Models DHC–2 Mk. I, DHC– 21.29) and the applicable bilateral 2 Mk. II, and DHC–2 Mk. III airplanes, all the cost of any repair or replacement serial numbers, certificated in any category. airworthiness agreement. Pursuant to necessary if any rear fuselage bulkhead this bilateral airworthiness agreement, Note 1: This AD applies to each airplane was found cracked. The FAA has no identified in the preceding applicability Transport Canada has kept the FAA way of determining the number of informed of the situation described provision, regardless of whether it has been repetitive inspections each owner/ modified, altered, or repaired in the area above. operator would incur over the life of subject to the requirements of this AD. For The FAA has examined the findings his/her affected airplane or the number airplanes that have been modified, altered, or of Transport Canada; reviewed all of airplanes that would have a cracked repaired so that the performance of the available information, including the rear fuselage bulkhead and need repair requirements of this AD is affected, the service information referenced above; or replacement. owner/operator must request approval for an and determined that AD action is alternative method of compliance in Regulatory Impact accordance with paragraph (d) of this AD. necessary for products of this type The request should include an assessment of design that are certificated for operation The regulations proposed herein the effect of the modification, alteration, or in the United States. would not have substantial direct effects repair on the unsafe condition addressed by on the States, on the relationship Explanation of the Provisions of the this AD; and, if the unsafe condition has not between the national government and been eliminated, the request should include Proposed AD the States, or on the distribution of specific proposed actions to address it. Since an unsafe condition has been power and responsibilities among the Compliance: Required as indicated in the identified that is likely to exist or various levels of government. Therefore, body of this AD, unless already develop in other deHavilland Models in accordance with Executive Order accomplished. 12612, it is determined that this To detect and correct cracking of the rear DHC–2 Mk. I, DHC–2 Mk. II, and DHC– fuselage bulkhead at Station 228, which 2 Mk. III airplanes of the same type proposal would not have sufficient federalism implications to warrant the could result in structural damage of the design registered in the United States, fuselage to the point of failure with the FAA is proposing AD action. The preparation of a Federalism Assessment. consequent loss of airplane control, proposed AD would require the For the reasons discussed above, I accomplish the following: following: certify that this action (1) is not a (a) Within the next 400 hours time-in- ‘‘significant regulatory action’’ under service (TIS) after the effective date of this —Repetitively inspecting the rear Executive Order 12866; (2) is not a AD or within the next 12 calendar months fuselage bulkhead at Station 228 for ‘‘significant rule’’ under DOT after the effective date of this AD, whichever cracks in accordance with the Regulatory Policies and Procedures (44 occurs first, and thereafter at intervals not to previously referenced service FR 11034, February 26, 1979); and (3) if exceed 2,000 hours TIS or 5 years, whichever information; and promulgated, will not have a significant occurs first, inspect the rear fuselage bulkhead at Station 228 for cracks. Inspect in —Repairing any crack found or economic impact, positive or negative, accordance with the Accomplishment replacing any cracked rear fuselage on a substantial number of small entities Instructions section of whichever of the bulkhead in accordance with a repair under the criteria of the Regulatory following service bulletins that is applicable: or replacement scheme obtained from Flexibility Act. A copy of the draft (1) For the Models DHC–2 Mk. I and DHC– the manufacturer through the FAA. regulatory evaluation prepared for this 2 Mk. II airplanes: deHavilland Beaver

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Service Bulletin 2/52, dated August 30, 1998; DEPARTMENT OF TRANSPORTATION Certification Office, 2601 Meacham or Boulevard, Fort Worth, Texas 76193– (2) For the Model DHC–2 Mk. III airplanes: Federal Aviation Administration 0150; telephone: (817) 222–5155; deHavilland Beaver Service Bulletin TB/60, facsimile: (817) 222–5960. 14 CFR Part 39 dated August 30, 1998. SUPPLEMENTARY INFORMATION: (b) If any crack(s) is/are found in the rear [Docket No. 99±CE±12±AD] fuselage bulkhead at Station 228 during any Comments Invited inspection required by paragraph (a) of this RIN 2120±AA64 Interested persons are invited to AD, prior to further flight, accomplish the participate in the making of the Airworthiness Directives; Fairchild following: proposed rule by submitting such Aircraft, Inc. SA226 and SA227 Series (1) Obtain a repair or replacement scheme written data, views, or arguments as Airplanes from the manufacturer through the FAA, they may desire. Communications New York Aircraft Certification Office (ACO), AGENCY: Federal Aviation should identify the Rules Docket 10 Fifth Street, 3rd Floor, Valley Stream, Administration, DOT. number and be submitted in triplicate to New York 11581–1200; facsimile: (516) 568– ACTION: Notice of proposed rulemaking the address specified above. All 2716. (NPRM). communications received on or before (2) Incorporate this repair or replacement the closing date for comments, specified scheme. SUMMARY: This document proposes to above, will be considered before taking (c) Special flight permits may be issued in supersede Airworthiness Directive (AD) action on the proposed rule. The accordance with sections 21.197 and 21.199 99–06–02, which currently requires proposals contained in this notice may of the Federal Aviation Regulations (14 CFR repetitively inspecting the wing spar be changed in light of the comments 21.197 and 21.199) to operate the airplane to center web cutout on both wings for received. a location where the requirements of this AD cracks between Wing Station (WS) 8 and Comments are specifically invited on can be accomplished. WS 17.5 on certain Fairchild Aircraft the overall regulatory, economic, (d) An alternative method of compliance or (Fairchild) SA226 and SA227 series environmental, and energy aspects of adjustment of the initial or repetitive airplanes, and immediately repairing the proposed rule. All comments compliance times that provides an equivalent any area found cracked. The repair will submitted will be available, both before level of safety may be approved by the eliminate the need for the repetitive and after the closing date for comments, Manager, New York Aircraft ACO, 10 Fifth inspections on that particular wing spar. in the Rules Docket for examination by Street, 3rd Floor, Valley Stream, New York Since that AD became effective, the interested persons. A report that 11581–1200. The request shall be forwarded FAA has determined that it summarizes each FAA-public contact through an appropriate FAA Maintenance inadvertently omitted certain serial concerned with the substance of this Inspector, who may add comments and then numbers of the Model SA227–CC/DC proposal will be filed in the Rules send it to the Manager, New York ACO. airplanes. The proposed AD would Docket. Note 2: Information concerning the retain the actions of AD 99–06–02, and Commenters wishing the FAA to existence of approved alternative methods of would add these Model SA227–CC/DC acknowledge receipt of their comments compliance with this AD, if any, may be airplanes to the Applicability section of submitted in response to this notice obtained from the New York ACO. the AD. The actions specified by the must submit a self-addressed, stamped (e) Questions or technical information proposed AD are intended to continue postcard on which the following related to deHavilland Beaver Service to detect and correct fatigue cracking of statement is made: ‘‘Comments to Bulletin TB/60, dated August 30, 1998, and the wing spar center web cutout area, Docket No. 99–CE–12–AD.’’ The deHavilland Beaver Service Bulletin 2/52, which could result in structural failure postcard will be date stamped and dated August 30, 1998, should be directed to of the wing spar to the point of failure returned to the commenter. Bombardier Inc., Bombardier Regional with consequent loss of control of the Availability of NPRMs Aircraft Division, Garratt Boulevard, airplane. Downsview, Ontario, Canada M3K 1Y5; Any person may obtain a copy of this DATES: Comments must be received on telephone: (416) 633–7310. This service NPRM by submitting a request to the or before June 21, 1999. information may be examined at the FAA, FAA, Central Region, Office of the Central Region, Office of the Regional ADDRESSES: Submit comments in Regional Counsel, Attention: Rules Counsel, Room 1558, 601 E. 12th Street, triplicate to the Federal Aviation Docket No. 99–CE–12–AD, Room 1558, Kansas City, Missouri 64106. Administration (FAA), Central Region, 601 E. 12th Street, Kansas City, Missouri Note 3: The subject of this AD is addressed Office of the Regional Counsel, 64106. Attention: Rules Docket No. 99–CE–12– in Canadian AD No. CF–98–38, dated Discussion October 15, 1998. AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments AD 99–06–02, Amendment 39–11066 Issued in Kansas City, Missouri, on April may be inspected at this location (64 FR 11761, March 10, 1999), 15, 1999. between 8 a.m. and 4 p.m., Monday currently requires the following on Michael Gallagher, through Friday, holidays excepted. certain Fairchild SA226 and SA227 Manager, Small Airplane Directorate, Aircraft Service information that applies to the series airplanes: Certification Service. proposed AD may be obtained from —Repetitively inspecting the wing spar [FR Doc. 99–10172 Filed 4–22–99; 8:45 am] Field Support Engineering, Fairchild center web cutout on both wings for BILLING CODE 4910±13±P Aircraft, Inc., P.O. Box 790490, San cracks between Wing Station (WS) 8 Antonio, Texas 78279–0490; telephone: and WS 17.5; and (210) 824–9421; facsimile: (210) 820– —Immediately repairing any area found 8609. This information also may be cracked. This repair will eliminate the examined at the Rules Docket at the need for the repetitive inspections on address above. that particular wing spar. FOR FURTHER INFORMATION CONTACT: Mr. Accomplishment of the actions as Hung Viet Nguyen, FAA, Airplane specified in AD 96–06–02 is required in

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Therefore, —Fairchild Airframe Airworthiness SA227 series airplanes of the same type in accordance with Executive Order Limitations Manual ST–UN–M003, design, the FAA is proposing AD action 12612, it is determined that this Rev. No. 5, dated April 7, 1998; to supersede AD 99–06–02. The proposal would not have sufficient —SA226/227 Series Structural Repair proposed AD would retain the actions of federalism implications to warrant the Manual, part number (P/N) 27– AD 99–06–02, and would add these preparation of a Federalism Assessment. 10054–079, pages 57 through 90; Model SA227–CC/DC airplanes to the For the reasons discussed above, I Initial Issue: March 1, 1983; Revision Applicability section of the AD. certify that this action (1) is not a 28, dated June 24, 1998; and Cost Impact ‘‘significant regulatory action’’ under —SA227 Series Structural Repair Executive Order 12866; (2) is not a Manual, P/N 27–10054–127, pages 47 The FAA estimates that 508 airplanes ‘‘significant rule’’ under DOT through 60; Initial Issue: December 1, in the U.S. registry would be affected by Regulatory Policies and Procedures (44 1991; Revision 7, dated June 24, 1998. the proposed AD, that it would take FR 11034, February 26, 1979); and (3) if The actions specified in AD 99–06–02 approximately 5 workhours per airplane promulgated, will not have a significant are intended to detect and correct to accomplish the proposed initial economic impact, positive or negative, fatigue cracking of the wing spar center inspection, and that the average labor on a substantial number of small entities web cutout area, which could result in rate is approximately $60 an hour. under the criteria of the Regulatory structural failure of the wing spar to the Based on these figures, the total cost Flexibility Act. A copy of the draft point of failure with consequent loss of impact of the proposed initial regulatory evaluation prepared for this control of the airplane. inspection specified in this AD on U.S. action has been placed in the Rules operators is estimated to be $152,400, or AD 99–06–02 was the result of reports Docket. A copy of it may be obtained by $300 per airplane. of cracks in the wing spar center web contacting the Rules Docket at the cutout caused by fatigue due to airplane These figures only take into account location provided under the caption maneuvering and wind gusts. the costs of the proposed initial ADDRESSES. inspection and do not take into account Actions Since Issuance of Previous Rule the costs of repetitive inspections and List of Subjects in 14 CFR Part 39 Since AD 99–06–02 became effective, the costs associated with any repair that Air transportation, Aircraft, Aviation the FAA has determined that it would be necessary if cracks are found. safety, Safety. The FAA has no way of determining the inadvertently omitted certain serial The Proposed Amendment numbers of the Fairchild Model SA227– number of repetitive inspections an CC/DC airplanes. In particular, the FAA owner/operator will incur over the life Accordingly, pursuant to the restricted the applicability of these of the airplane, or the number of authority delegated to me by the airplanes to serial numbers CC/DC784 airplanes that will need repairs. Administrator, the Federal Aviation and CC/DC790 through CC/DC878. Any If an affected airplane would have Administration proposes to amend 14 Fairchild Model SA227–CC/DC airplane cracks in both wing spar center webs, CFR part 39 of the Federal Aviation incorporating a serial number from CC/ the repair would take 400 workhours to Regulations as follows: DC879 through CC/DC896 should also accomplish at an average labor rate of PART 39ÐAIRWORTHINESS be affected by the actions of AD 99–06– $60 per hour. Parts to accomplish this DIRECTIVES 02. repair cost approximately $400 per airplane. Based on these figures, the cost The FAA’s Determination 1. The authority citation for part 39 to repair cracked wing spar center webs continues to read as follows: After examining the circumstances on both sides of the airplane would be Authority: 49 U.S.C. 106(g), 40113, 44701. and reviewing all available information approximately $24,400 per airplane. related to the incidents described above, The only difference between AD 99– § 39.13 [Amended] the FAA has determined that: 06–02 and the proposed AD is the 2. Section 39.13 is amended by —The actions of AD 99–06–02 should addition of 18 Fairchild Model SA227– removing Airworthiness Directive (AD) also apply to the serial numbered CC/DC airplanes that the FAA 99–06–02, Amendment 39–11066, and Fairchild Model SA227–CC/DC inadvertently omitted from the by adding a new AD to read as follows: airplanes referenced above; and ‘‘Applicability’’ section of AD 99–06– Fairchild Aircraft, Inc.: Docket No. 99–CE– —AD action should be taken to continue 02. Therefore, the only impact the 12–AD; Supersedes AD 99–06–02, to detect and correct fatigue cracking proposed AD would have over that Amendment 39–11066. of the wing spar center web cutout already required by AD 99–06–02 is the Applicability: The following model area, which could result in structural cost of the proposed actions on these 18 airplanes and serial numbers, certificated in failure of the wing spar to the point additional airplanes. any category:

Model Serial Nos.

SA226±AT ...... AT001 through AT074. SA226±TC ...... TC201 through TC419. SA226±T ...... T201 through T291. SA226±T(B) ...... T(B)276 and T(B)292 through T(B)417.

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Model Serial Nos.

SA227±TT ...... TT421 through TT541. SA227±TT(300) ...... TT(300)447, TT(300)465, TT(300)471, TT(300)483, TT(300)512, TT(300)518, TT(300)521, TT(300)527, TT(300)529, and TT(300)536. SA227±AC ...... AC406, AC415, AC416, and AC420 through AC785. SA227±AT ...... AT423 through AT631 and AT695. SA227±BC ...... BC762, BC764, BC766, and BC770 through BC789. SA227±CC/DC ...... CC/DC784 and CC/DC790 through CC/DC896.

Note 1: This AD applies to each airplane repetitive inspections (2,000 hours TIS Issued in Kansas City, Missouri, on April identified in the preceding applicability intervals) required in paragraph (a) of this AD 15, 1999. provision, regardless of whether it has been for that particular wing spar. Michael Gallagher, modified, altered, or repaired in the area (1) For Models SA226–T, SA226–T(B), Manager, Small Airplane Directorate, Aircraft subject to the requirements of this AD. For SA226–AT, SA226–TC, SA227–TT, SA227– Certification Service. airplanes that have been modified, altered, or AT, SA227–AC, and SA227–BC airplanes: In [FR Doc. 99–10170 Filed 4–22–99; 8:45 am] repaired so that the performance of the accordance with Fairchild SA226/227 Series requirements of this AD is affected, the Structural Repair Manual, part number (P/N) BILLING CODE 4910±13±P owner/operator must request approval for an 27–10054–079, pages 57 through 90; Initial alternative method of compliance in Issue: March 1, 1983; Revision 28, dated June accordance with paragraph (e) of this AD. 24, 1998; or DEPARTMENT OF TRANSPORTATION The request should include an assessment of (2) For Models SA227–CC and SA227–DC the effect of the modification, alteration, or Federal Aviation Administration airplanes: In accordance with Fairchild repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not SA227 Series Structural Repair Manual, P/N 14 CFR Part 39 been eliminated, the request should include 27–10054–127, pages 47 through 60; Initial specific proposed actions to address it. Issue: December 1, 1991; Revision 7, dated [Docket No. 98±CE±115±AD] June 24, 1998. Compliance: Required as indicated in the RIN 2120±AA64 (c) The repetitive inspections required by body of this AD, unless already accomplished. paragraph (a) of this AD may be terminated Airworthiness Directives; British if the wing spar center web repair specified To detect and correct fatigue cracking of Aerospace HP137 Mk1, Jetstream the wing spar center web cutout area, which in paragraph (b) of this AD has been accomplished on both the left and right wing Series 200, and Jetstream Models 3101 could result in structural failure of the wing and 3201 Airplanes spar to the point of failure with consequent spar. If one wing spar center web has been loss of control of the airplane, accomplish the repaired, then repetitive inspections are still AGENCY: Federal Aviation following: required on the other one if the repair has not Administration, DOT. (a) Upon accumulating 6,500 hours time- been incorporated. ACTION: Notice of proposed rulemaking in-service (TIS) on each wing spar; within the (d) Special flight permits may be issued in next 2,000 hours TIS after the last inspection accordance with §§ 21.197 and 21.199 of the (NPRM). Federal Aviation Regulations (14 CFR 21.197 accomplished per the applicable SUMMARY: and 21.199) to operate the airplane to a This document proposes to Airworthiness Limitations Manual adopt a new airworthiness directive (referenced in the paragraphs below); or location where the requirements of this AD within the next 500 hours TIS after the can be accomplished. (AD) that would apply to all British effective date of this AD, whichever occurs (e) An alternative method of compliance or Aerospace HP137 Mk1, Jetstream series later, unless already accomplished adjustment of the initial or repetitive 200, and Jetstream Models 3101 and (accomplishment of AD 99–06–02, including compliance times that provides an equivalent 3201 airplanes. The proposed AD would any FAA-approved alternative methods of level of safety may be approved by the require repetitively removing the nose compliance with AD 99–06–02); and Manager, FAA, Airplane Certification Office landing gear steering selector valve and thereafter at intervals not to exceed 2,000 (ACO), 2601 Meacham Boulevard, Fort installing either a new nose landing gear hours TIS, inspect each wing spar center web Worth, Texas 76193–0150. steering selector valve or one that has cutout for cracks between Wing Station (WS) (1) The request shall be forwarded through been overhauled in accordance with the 8 and WS 17.5. Accomplish this inspection an appropriate FAA Maintenance Inspector, appropriate component maintenance in accordance with one of the following, as who may add comments and then send it to applicable: the Manager, Forth Worth ACO. manual. The proposed AD is the result (1) For Models SA227–TT, SA227–AT, (2) Alternative methods of compliance of mandatory continuing airworthiness SAA227–AC, and SA227–BC airplanes: In approved in accordance with AD 99–06–02 information (MCAI) issued by the accordance with Fairchild Airframe are considered approved as alternative airworthiness authority for the United Airworthiness Limitations Manual ST–UN– methods of compliance for this AD. Kingdom. The actions specified by the M001, Rev. No. C–6, dated April 7, 1998; Note 2: Information concerning the proposed AD are intended to prevent (2) For Models SA226–T, SA226–T(B), existence of approved alternative methods of the inability to steer the airplane SA226–AT, and SA226–TC airplanes: In compliance with this AD, if any, may be because of wear in the nose landing gear accordance with Fairchild Airframe obtained from the Fort Worth ACO. Inspection Manual ST–UN–M002, Rev. No. steering selector differential, which A–6, dated December 8, 1997; or (f) All persons affected by this directive could result in loss of control of the (3) For Models SA227–CC and SA227–DC may obtain copies of the documents referred airplane during take-off, landing, or taxi airplanes: In accordance with Fairchild to herein upon request to Field Support operations. Airframe Airworthiness Limitations Manual Engineering, Fairchild Aircraft, Inc., P.O. Box DATES: Comments must be received on ST–UN–M003, Rev. No. 5, dated April 7, 790490, San Antonio, Texas 78279–0490; or or before May 28, 1999. 1998. may examine these documents at the FAA, ADDRESSES: (b) If any crack(s) is/are found during any Central Region, Office of the Regional Submit comments in inspection required by paragraph (a) of this Counsel, Room 1558, 601 E. 12th Street, triplicate to the Federal Aviation AD, prior to further flight, repair the crack(s) Kansas City, Missouri 64106. Administration (FAA), Central Region, in accordance with one of the following, as (g) This amendment supersedes AD 99–06– Office of the Regional Counsel, applicable. This repair eliminates the 02, Amendment 39–11066. Attention: Rules Docket No. 98–CE–

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115–AD, Room 1558, 601 E. 12th Street, Discussion information, including the service Kansas City, Missouri 64106. Comments The Civil Airworthiness Authority information referenced above; and may be inspected at this location (CAA), which is the airworthiness determined that AD action is necessary between 8 a.m. and 4 p.m., Monday authority for the United Kingdom, for products of this type design that are through Friday, holidays excepted. recently notified the FAA that an unsafe certificated for operation in the United Service information that applies to the condition may exist on all British States. proposed AD may be obtained from Aerospace HP137 Mk1, Jetstream series Explanation of the Provisions of the British Aerospace Regional Aircraft, 200, and Jetstream Models 3101 and Proposed AD Prestwick International Airport, 3201 airplanes. The CAA reports a Ayrshire, KA9 2RW, Scotland; Since an unsafe condition has been recent incident where the operator of identified that is likely to exist or telephone: (01292) 479888; facsimile: one of the affected airplanes lost control (01292) 479703. This information also develop in other British Aerospace while the airplane was on the ground HP137 Mk1, Jetstream series 200, and may be examined at the Rules Docket at and veered off the runway. Investigation the address above. Jetstream Models 3101 and 3201 of this incident revealed an airplanes of the same type design FOR FURTHER INFORMATION CONTACT: Mr. unacceptable amount of free play in the S.M. Nagarajan, Aerospace Engineer, registered in the United States, the FAA nose landing gear steering linkage is proposing AD action. The proposed FAA, Small Airplane Directorate, 1201 because of an excessive amount of wear Walnut, suite 900, Kansas City, Missouri AD would require repetitively removing in the steering selector differential. the nose landing gear steering selector 64106; telephone: (816) 426–6932; This condition, if not corrected in a valve and installing either a new nose facsimile: (816) 426–2169. timely manner, could result in loss of landing gear steering selector valve or control of the airplane during take-off, SUPPLEMENTARY INFORMATION: one that has been overhauled in landing, or taxi operations. Comments Invited accordance with the appropriate Relevant Service Information component maintenance manual. Interested persons are invited to Accomplishment of the proposed action participate in the making of the British Aerospace has issued the would be in accordance with the proposed rule by submitting such following: applicable maintenance manual, as written data, views, or arguments as —Jetstream Service Bulletin 32– specified in British Aerospace Jetstream they may desire. Communications JA980841, Original Issue: October 28, Service Bulletin 32–JA980841, Original should identify the Rules Docket 1998, which specifies removing the Issue: October 28, 1998. number and be submitted in triplicate to nose landing gear steering selector The FAA is proposing in another the address specified above. All valve and installing either a new nose action (Docket No. 98–CE–117–AD) a communications received on or before landing gear steering selector valve or one-time inspection of the nose wheel the closing date for comments, specified one that has been overhauled in steering system to assure that the free above, will be considered before taking accordance with the appropriate play between the steering handle or action on the proposed rule. The component maintenance manual; and knob and the nose wheels is within proposals contained in this notice may —Jetstream Alert Service Bulletin 32– acceptable limits, with adjustment as be changed in light of the comments A–JA980840, Original Issue: October necessary. received. 28, 1998, Revision No. 2: December Comments are specifically invited on 17, 1998, which specifies procedures Cost Impact the overall regulatory, economic, for inspecting the nose wheel steering The FAA estimates that 350 airplanes environmental, and energy aspects of system to assure that the free play in the U.S. registry would be affected by the proposed rule. All comments between the steering handle or knob the proposed initial replacement, that it submitted will be available, both before and the nose wheels is within would take approximately 4 workhours and after the closing date for comments, acceptable limits, and adjusting as per airplane to accomplish the proposed in the Rules Docket for examination by necessary. action, and that the average labor rate is interested persons. A report that The CAA classified these service approximately $60 an hour. Parts cost summarizes each FAA-public contact bulletins as mandatory in order to approximately $2,500 per airplane. concerned with the substance of this assure the continued airworthiness of Based on these figures, the total cost proposal will be filed in the Rules these airplanes in the United Kingdom. impact of the proposed initial Docket. The CAA classifying a service bulletin replacement on U.S. operators is Commenters wishing the FAA to as mandatory is the same in the United estimated to be $959,000, or $2,740 per acknowledge receipt of their comments Kingdom as the FAA issuing an AD in airplane. submitted in response to this notice the United States. These figures only take into account must submit a self-addressed, stamped the cost of the initial overhaul or The FAA’s Determination postcard on which the following replacement and do not take into statement is made: ‘‘Comments to These airplane models are account the cost of subsequent Docket No. 98–CE–115–AD.’’ The manufactured in the United Kingdom overhauls or replacements. The FAA postcard will be date stamped and and are type certificated for operation in has no way of determining the number returned to the commenter. the United States under the provisions of overhauls or replacements that each of § 21.29 of the Federal Aviation Availability of NPRMs owner/operator of the affected airplanes Regulations (14 CFR 21.29) and the would incur over the life of his/her Any person may obtain a copy of this applicable bilateral airworthiness airplane. NPRM by submitting a request to the agreement. Pursuant to this bilateral FAA, Central Region, Office of the airworthiness agreement, the CAA has Regulatory Impact Regional Counsel, Attention: Rules kept the FAA informed of the situation The regulations proposed herein Docket No. 98–CE–115–AD, Room 1558, described above. would not have substantial direct effects 601 E. 12th Street, Kansas City, Missouri The FAA has examined the findings on the States, on the relationship 64106. of the CAA; reviewed all available between the national government and

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Therefore, Compliance: Upon accumulating 10,000 Kingdom Civil Aviation Authority (CAA). in accordance with Executive Order hours time-in-service (TIS) on the nose Issued in Kansas City, Missouri, on April 12612, it is determined that this landing gear selector valve or within the next 15, 1999. proposal would not have sufficient 12 calendar months after the effective date of Michael Gallagher, this AD, whichever occurs later, unless Manager, Small Airplane Directorate, Aircraft federalism implications to warrant the already accomplished; and thereafter each Certification Service. preparation of a Federalism Assessment. time 10,000 hours TIS is accumulated on a For the reasons discussed above, I nose landing gear selector valve. [FR Doc. 99–10168 Filed 4–22–99; 8:45 am] certify that this action (1) is not a To prevent the inability to steer the BILLING CODE 4910±13±P ‘‘significant regulatory action’’ under airplane because of wear in the nose landing Executive Order 12866; (2) is not a gear steering selector differential, which ‘‘significant rule’’ under DOT could result in loss of control of the airplane DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 during take-off, landing, or taxi operations, accomplish the following: Federal Aviation Administration FR 11034, February 26, 1979); and (3) if (a) Remove the nose landing gear steering promulgated, will not have a significant selector valve, part number (P/N) 8668C or 14 CFR Part 39 economic impact, positive or negative, AIR86002–0 (or FAA-approved equivalent on a substantial number of small entities part number), and install one of the following [Docket No. 98±NM±371±AD] under the criteria of the Regulatory in accordance with the applicable RIN 2120±AA64 Flexibility Act. A copy of the draft maintenance manual, as specified in British regulatory evaluation prepared for this Aerospace Jetstream Service Bulletin 32– JA980841, Original Issue: October 28, 1998: Airworthiness Directives; Lockheed action has been placed in the Rules Model 382 Series Airplanes Docket. A copy of it may be obtained by (1) A new steering selector valve, P/N 8668C or AIR86002–0 (or FAA-approved contacting the Rules Docket at the equivalent part number); or AGENCY: Federal Aviation location provided under the caption (2) An FAA-approved nose landing gear Administration, DOT. ADDRESSES. steering selector valve that has been ACTION: Notice of proposed rulemaking overhauled in accordance with the (NPRM). List of Subjects in 14 CFR Part 39 appropriate component maintenance manual. Air transportation, Aircraft, Aviation Note 2: The FAA is proposing in another SUMMARY: This document proposes the safety, Safety. action (Docket No. 98–CE–117–AD) a one- adoption of a new airworthiness time inspection of the nose wheel steering The Proposed Amendment directive (AD) that is applicable to system to assure that the free play between certain Lockheed Model 382 series Accordingly, pursuant to the the steering handle or knob and the nose airplanes. This proposal would require authority delegated to me by the wheels is within acceptable limits, with a one-time visual inspection of the adjustment as necessary. Administrator, the Federal Aviation under floor to ring fittings at fuselage Administration proposes to amend part (b) Special flight permits may be issued in accordance with sections 21.197 and 21.199 station 817E to verify installation of the 39 of the Federal Aviation Regulations correct sized fasteners; and follow-on (14 CFR part 39) as follows: of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to corrective actions, if necessary. This proposal is prompted by notification PART 39ÐAIRWORTHINESS a location where the requirements of this AD can be accomplished. from the manufacturer indicating that DIRECTIVES (c) An alternative method of compliance or during production incorrect sized 1. The authority citation for part 39 adjustment of the initial or repetitive fasteners were installed on the under continues to read as follows: compliance times that provides an equivalent floor to ring fittings at fuselage station level of safety may be approved by the Authority: 49 U.S.C. 106(g), 40113, 44701. Manager, Small Airplane Directorate, Aircraft 817E. The actions specified by the Certification Service, 1201 Walnut, suite 900, proposed AD are intended to prevent § 39.13 [Amended] Kansas City, Missouri 64106. The request fatigue cracking of the fastener holes 2. Section 39.13 is amended by shall be forwarded through an appropriate and adjacent fuselage structure due to adding a new airworthiness directive FAA Maintenance Inspector, who may add installation of the incorrect sized (AD) to read as follows: comments and then send it to the Manager, fasteners, which could result in reduced Small Airplane Directorate. British Aerospace: Docket No. 98–CE–115– structural integrity of the airplane. AD. Note 3: Information concerning the DATES: Comments must be received by existence of approved alternative methods of Applicability: HP137 Mk1, Jetstream Series June 7, 1999. compliance with this AD, if any, may be 200, and Jetstream Models 3101 and 3201 obtained from the Small Airplane ADDRESSES: Submit comments in airplanes, all serial numbers, certificated in triplicate to the Federal Aviation any category. Directorate. (d) Questions or technical information Administration (FAA), Transport Note 1: This AD applies to each airplane Airplane Directorate, ANM–114, identified in the preceding applicability related to British Aerospace Jetstream Service provision, regardless of whether it has been Bulletin 32–JA980841, Original Issue: Attention: Rules Docket No. 98–NM– modified, altered, or repaired in the area October 28, 1998, should be directed to 371–AD, 1601 Lind Avenue, SW., subject to the requirements of this AD. For British Aerospace Regional Aircraft, Renton, Washington 98055–4056. airplanes that have been modified, altered, or Prestwick International Airport, Ayrshire, Comments may be inspected at this repaired so that the performance of the KA9 2RW, Scotland; telephone: (01292) location between 9:00 a.m. and 3:00 479888; facsimile: (01292) 479703. This requirements of this AD is affected, the p.m., Monday through Friday, except owner/operator must request approval for an service information may be examined at the FAA, Central Region, Office of the Regional Federal holidays. alternative method of compliance in The service information referenced in accordance with paragraph (c) of this AD. Counsel, Room 1558, 601 E. 12th Street, The request should include an assessment of Kansas City, Missouri 64106. the proposed rule may be obtained from the effect of the modification, alteration, or Note 4: The subject of this AD is addressed Lockheed Martin Aeronautical Systems repair on the unsafe condition addressed by in British Aerospace Jetstream Alert Service Support Company (LMASSC), Field this AD; and, if the unsafe condition has not Bulletin 32–JA980841, Original Issue: Support Department, Dept. 693, Zone

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0755, 2251 Lake Park Drive, Smyrna, fasteners were installed on Lockheed rework is adequate in that the FAA has Georgia 30063. This information may be Martin Model 382 series airplanes. determined that fatigue cracking examined at the FAA, Transport These fasteners are located on the under originating at the fastener holes caused Airplane Directorate, 1601 Lind floor to ring fittings (aft ‘‘pork chop’’ by the installation of incorrect size of Avenue, SW., Renton, Washington; or at fittings) at fuselage station 817E. The fasteners could result in loss of the FAA, Small Airplane Directorate, installation of 5⁄32-inch diameter pressurization, but not an ‘‘explosive Atlanta Aircraft Certification Office, fasteners in lieu of the correct 3⁄16-inch decompression’’ or severe structural One Crown Center, 1895 Phoenix diameter fasteners could cause fatigue degradation. In light of this, the FAA Boulevard, suite 450, Atlanta, Georgia. cracking of the fuselage structure by finds that it is not necessary to FOR FURTHER INFORMATION CONTACT: increasing the stress loads of the implement an immediate cabin Thomas Peters, Aerospace Engineer, fuselage skin. Such cracking, if not pressurization limit of 8.75 in Hg (4.3 Systems and Flight Test Branch, ACE– detected and corrected, could result in psi) for affected airplanes to continue to 116A, FAA, Small Airplane Directorate, reduced structural integrity of the operate without compromising safety. Atlanta Aircraft Certification Office, airplane. Operators also should note that, One Crown Center, 1895 Phoenix although the alert service bulletin Explanation of Relevant Service specifies that the manufacturer may be Boulevard, suite 450, Atlanta, Georgia Information 30349; telephone (770) 703–6063; fax contacted for disposition of certain (770) 703–6097. The FAA has reviewed and approved repair conditions, this proposal would Lockheed Hercules Alert Service SUPPLEMENTARY INFORMATION: require the repair of those conditions to Bulletin A382–53–57, Revision 1, dated be accomplished in accordance with a Comments Invited January 30, 1997, which describes method approved by the FAA. procedures for a one-time visual Interested persons are invited to Cost Impact participate in the making of the inspection of the under floor to ring proposed rule by submitting such fittings (aft ‘‘pork chop’’ fittings) at There are approximately 112 written data, views, or arguments as fuselage station 817E to verify airplanes of the affected design in the they may desire. Communications shall installation of the correct sized worldwide fleet. The FAA estimates that identify the Rules Docket number and fasteners; and follow-on corrective 18 airplanes of U.S. registry would be be submitted in triplicate to the address actions, if necessary. The follow-on affected by this proposed AD, that it specified above. All communications corrective actions involve measurement would take approximately 1 work hour received on or before the closing date of the distance between the incorrect per airplane to accomplish the proposed for comments, specified above, will be sized fasteners, removal of discrepant inspection, and that the average labor considered before taking action on the fasteners, and a visual inspection of the rate is $60 per work hour. Based on proposed rule. The proposals contained fastener holes and surrounding areas to these figures, the cost impact of the in this notice may be changed in light detect discrepancies (damage, corrosion, inspection proposed by this AD on U.S. of the comments received. or misdrilled or elongated fastener operators is estimated to be $1,080, or Comments are specifically invited on holes). The alert service bulletin also $60 per airplane. the overall regulatory, economic, describes procedures for redrilling the The cost impact figure discussed environmental, and energy aspects of fastener holes at fuselage station 817E, above is based on assumptions that no the proposed rule. All comments visually inspecting the fastener holes to operator has yet accomplished any of submitted will be available, both before confirm damage removal, and installing the proposed requirements of this AD and after the closing date for comments, new fasteners. Accomplishment of the action, and that no operator would in the Rules Docket for examination by actions specified in the alert service accomplish those actions in the future if interested persons. A report bulletin is intended to adequately this AD were not adopted. summarizing each FAA-public contact address the identified unsafe condition. Regulatory Impact concerned with the substance of this Explanation of Requirements of The regulations proposed herein proposal will be filed in the Rules Proposed Rule Docket. would not have substantial direct effects Commenters wishing the FAA to Since an unsafe condition has been on the States, on the relationship acknowledge receipt of their comments identified that is likely to exist or between the national government and submitted in response to this notice develop on other products of this same the States, or on the distribution of must submit a self-addressed, stamped type design, the proposed AD would power and responsibilities among the postcard on which the following require accomplishment of the actions various levels of government. Therefore, statement is made: ‘‘Comments to specified in the alert service bulletin in accordance with Executive Order Docket Number 98–NM–371–AD.’’ The described previously, except as 12612, it is determined that this postcard will be date stamped and discussed below. proposal would not have sufficient returned to the commenter. federalism implications to warrant the Differences Between Proposed Rule and preparation of a Federalism Assessment. Availability of NPRMs Service Bulletin For the reasons discussed above, I Any person may obtain a copy of this Operators should note that the alert certify that this proposed regulation (1) NPRM by submitting a request to the service bulletin specifies that visual is not a ‘‘significant regulatory action’’ FAA, Transport Airplane Directorate, inspection and/or rework of the under under Executive Order 12866; (2) is not ANM–114, Attention: Rules Docket No. floor to ring fasteners at fuselage station a ‘‘significant rule’’ under the DOT 98–NM–371–AD, 1601 Lind Avenue, 817E be accomplished upon receipt of Regulatory Policies and Procedures (44 SW., Renton, Washington 98055–4056. the alert service bulletin, or an FR 11034, February 26, 1979); and (3) if immediate cabin pressurization limit of promulgated, will not have a significant Discussion 8.75 in Hg (4.3 psi) is to be economic impact, positive or negative, The FAA has received notification implemented. However, the FAA finds on a substantial number of small entities from the manufacturer indicating that that a 30-day compliance time for under the criteria of the Regulatory during production, incorrect sized accomplishment of the inspection and Flexibility Act. A copy of the draft

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19940 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules regulatory evaluation prepared for this accordance with Lockheed Hercules Alert Issued in Renton, Washington, on April 19, action is contained in the Rules Docket. Service Bulletin A382–53–57, dated January 1999. A copy of it may be obtained by 16, 1997, are considered acceptable for D. L. Riggin, contacting the Rules Docket at the compliance with the applicable action Acting Manager, Transport Airplane location provided under the caption specified by this AD. Directorate, Aircraft Certification Service. ADDRESSES. (1) If all fasteners are the correct size, no [FR Doc. 99–10185 Filed 4–22–99; 8:45 am] further action is required by this AD. List of Subjects in 14 CFR Part 39 (2) If any fastener is determined to be the BILLING CODE 4910±13±U Air transportation, Aircraft, Aviation incorrect size, prior to further flight, measure the distance between the fastener centers in safety, Safety. accordance with the alert service bulletin. DEPARTMENT OF TRANSPORTATION The Proposed Amendment (i) If the distance between the fastener centers is less than 0.57 inch, prior to further Federal Aviation Administration Accordingly, pursuant to the flight, repair in accordance with a method authority delegated to me by the approved by the Manager, Atlanta Aircraft 14 CFR Part 39 Administrator, the Federal Aviation Certification Office (ACO), FAA, Small [Docket No. 98±NM±364±AD] Administration proposes to amend part Airplane Directorate. 39 of the Federal Aviation Regulations (ii) If the distance between the fastener RIN 2120±AA64 (14 CFR part 39) as follows: centers is greater than or equal to 0.57 inch, prior to further flight, accomplish the Airworthiness Directives; Fokker PART 39ÐAIRWORTHINESS requirements of paragraph (b) of this AD. Model F27 Series Airplanes Equipped DIRECTIVES (b) For all airplanes on which the distance with Rolls-Royce 532±7 ``Dart 7'' (RDa- between the fastener centers is greater than 7) Series Engines 1. The authority citation for part 39 or equal to 0.57 inch: Prior to further flight, continues to read as follows: remove any incorrect sized fastener and AGENCY: Federal Aviation Authority: 49 U.S.C. 106(g), 40113, 44701. perform a one-time visual inspection of the Administration, DOT. fastener holes and adjacent fuselage structure ACTION: Notice of proposed rulemaking to detect discrepancies (damage, corrosion, or § 39.13 [Amended] (NPRM). misdrilled or elongated fastener holes) in 2. Section 39.13 is amended by accordance Lockheed Hercules Alert Service SUMMARY: This document proposes the adding the following new airworthiness Bulletin A382–53–57, Revision 1, January 30, adoption of a new airworthiness directive: 1997. directive (AD) that is applicable to Lockheed: Docket 98–NM–371–AD. (1) If no discrepancy is detected, prior to further flight, redrill the fastener holes to the certain Fokker Model F27 series Applicability: Model 382 series airplanes correct size and install correct sized fasteners airplanes. This proposal would require as listed in paragraph 1.A.(1) (‘‘Effectivity’’) in accordance with the alert service bulletin. a revision to the Airplane Flight Manual of Lockheed Hercules Alert Service Bulletin (2) If any discrepancy is detected, prior to (AFM) to provide the flightcrew with A382–53–57, Revision 1, dated January 30, further flight, redrill the fastener holes to the modified operational procedures to 1997; certificated in any category. correct size and perform an additional one- ensure continuous operation with the Note 1: This AD applies to each airplane time visual inspection of the redrilled holes high pressure cock (HPC) levers in the identified in the preceding applicability to detect remaining discrepancies (damage, provision, regardless of whether it has been lockout position. This proposal is corrosion, or misdrilled or elongated fastener prompted by issuance of mandatory modified, altered, or repaired in the area holes) of the affected area, in accordance continuing airworthiness information by subject to the requirements of this AD. For with the alert service bulletin. airplanes that have been modified, altered, or (i) If no remaining discrepancy is detected, a foreign civil airworthiness authority. repaired so that the performance of the prior to further flight, install the correct sized The actions specified by the proposed requirements of this AD is affected, the fasteners in accordance with the alert service AD are intended to prevent overspeed owner/operator must request approval for an bulletin. and burnout of the engines during flight alternative method of compliance in (ii) If any remaining discrepancy is by ensuring that the HPC levers are in accordance with paragraph (c) of this AD. detected, prior to further flight, repair in The request should include an assessment of a permanent lockout position. accordance with a method approved by the the effect of the modification, alteration, or DATES: Comments must be received by Manager, Atlanta ACO. repair on the unsafe condition addressed by May 24, 1999. this AD; and, if the unsafe condition has not Alternative Methods of Compliance ADDRESSES: Submit comments in been eliminated, the request should include (c) An alternative method of compliance or triplicate to the Federal Aviation specific proposed actions to address it. adjustment of the compliance time that Administration (FAA), Transport Compliance: Required as indicated, unless provides an acceptable level of safety may be Airplane Directorate, ANM–114, accomplished previously. used if approved by the Manager, Atlanta Attention: Rules Docket No. 98–NM– To prevent fatigue cracking of the fastener ACO. Operators shall submit their requests holes and adjacent fuselage structure due to through an appropriate FAA Principal 364–AD, 1601 Lind Avenue, SW., installation of the incorrect sized fasteners, Maintenance Inspector, who may add Renton, Washington 98055–4056. which could result in reduced structural comments and then send it to the Manager, Comments may be inspected at this integrity of the airplane, accomplish the Atlanta ACO. location between 9:00 a.m. and 3:00 following: Note 3: Information concerning the p.m., Monday through Friday, except (a) Within 30 days after the effective date existence of approved alternative methods of Federal holidays. of this AD, perform a one-time visual compliance with this AD, if any, may be The service information referenced in inspection of the under floor to ring fittings obtained from the Atlanta ACO. the proposed rule may be obtained from at fuselage station 817E to verify installation of the correct sized fasteners, in accordance Special Flight Permits Fokker Services B.V., Technical Support Department, P.O. Box 75047, 1117 ZN with Lockheed Hercules Alert Service (d) Special flight permits may be issued in Bulletin A382–53–57, Revision 1, dated accordance with sections 21.197 and 21.199 Schiphol Airport, The Netherlands. This January 30, 1997. of the Federal Aviation Regulations (14 CFR information may be examined at the Note 2: Inspections, repairs, or 21.197 and 21.199) to operate the airplane to FAA, Transport Airplane Directorate, replacements that have been accomplished a location where the requirements of this AD 1601 Lind Avenue, SW., Renton, prior to the effective date of this AD, in can be accomplished. Washington.

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FOR FURTHER INFORMATION CONTACT: resulted in incidents of engine described previously, except as Norman B. Martenson, Manager, overspeed and burnout. Additionally, discussed below. International Branch, ANM–116, FAA, there have been reports of erroneous Differences Between Proposed Rule and Transport Airplane Directorate, 1601 selection of the HPC levers to the closed Dutch Airworthiness Directive Lind Avenue, SW., Renton, Washington position, resulting in unnecessary 98055–4056; telephone (425) 227–2110; engine shutdown. These conditions, if Operators should note that the related fax (425) 227–1149. not corrected, could result in overspeed Dutch airworthiness directive SUPPLEMENTARY INFORMATION: and burnout of the engines during flight. recommends verification that the modifications described in two Rolls- Comments Invited Explanation of Relevant Service Royce Service Bulletins (DA72–198 and Information Interested persons are invited to DA72–348) have been accomplished on participate in the making of the The manufacturer has issued Fokker Rolls-Royce 532–7 ‘‘Dart 7’’ (RDa-7) proposed rule by submitting such F27 Service Bulletin F27/61–40, series engines installed on Fokker F27 written data, views, or arguments as Revision 1, dated August 1, 1997; airplanes. However, this proposed AD they may desire. Communications shall including Fokker F27 Manual Change would not require such verification. The identify the Rules Docket number and Notification (MCNO) F27–001, dated FAA has been advised that be submitted in triplicate to the address June 30, 1997; which describes accomplishment of the two specified above. All communications procedures for revision of the modifications of the Rolls-Royce received on or before the closing date Emergency, Normal, and Abnormal engines is recommended to prevent the for comments, specified above, will be Procedures Sections of the Airplane loss of propeller control in the event of considered before taking action on the Flight Manual (AFM). The MCNO an annulus gear failure. Such engine proposed rule. The proposals contained introduces a change that specifies gearbox failures are not related to in this notice may be changed in light placing the HPC levers in a permanent malfunction of the cruise lock of the comments received. lockout position (with the cruise lock withdrawal system, and Comments are specifically invited on withdrawal system disabled) during accomplishment of these engine the overall regulatory, economic, operation of the airplane. The RLD modifications is not intended to address environmental, and energy aspects of classified this service information as the identified unsafe condition of this the proposed rule. All comments mandatory and issued Dutch proposed AD. Therefore, the FAA has submitted will be available, both before airworthiness directive 1996–130(A), determined that verification of and after the closing date for comments, dated October 31, 1996, in order to accomplishment of these engine in the Rules Docket for examination by assure the continued airworthiness of modifications, if necessary, will be interested persons. A report these airplanes in the Netherlands. addressed by separate rulemaking summarizing each FAA-public contact FAA’s Conclusions action. concerned with the substance of this proposal will be filed in the Rules This airplane model is manufactured Cost Impact Docket. in the Netherlands and is type The FAA estimates that 34 Model F27 Commenters wishing the FAA to certificated for operation in the United series airplanes of U.S. registry would acknowledge receipt of their comments States under the provisions of § 21.29 of be affected by this proposed AD, that it submitted in response to this notice the Federal Aviation Regulations (14 would take approximately 1 work hour must submit a self-addressed, stamped CFR 21.29) and the applicable bilateral per airplane to accomplish the proposed postcard on which the following airworthiness agreement. Pursuant to AFM revision, and that the average statement is made: ‘‘Comments to this bilateral airworthiness agreement, labor rate is $60 per work hour. Based Docket Number 98–NM–364–AD.’’ The the RLD has kept the FAA informed of on these figures, the cost impact of the postcard will be date stamped and the situation described above. The FAA AFM revision proposed by this AD on returned to the commenter. has examined the findings of the RLD, U.S. operators is estimated to be $2,040, reviewed all available information, and or $60 per airplane. Availability of NPRMs determined that AD action is necessary The cost impact figure discussed Any person may obtain a copy of this for products of this type design that are above is based on assumptions that no NPRM by submitting a request to the certificated for operation in the United operator has yet accomplished any of FAA, Transport Airplane Directorate, States. the proposed requirements of this AD ANM–114, Attention: Rules Docket No. Explanation of Requirements of action, and that no operator would 98–NM–364–AD, 1601 Lind Avenue, Proposed Rule accomplish those actions in the future if SW., Renton, Washington 98055–4056. this AD were not adopted. Since an unsafe condition has been Discussion identified that is likely to exist or Regulatory Impact The Rijksluchtvaartdienst (RLD), develop on other airplanes of the same The regulations proposed herein which is the airworthiness authority for type design registered in the United would not have substantial direct effects the Netherlands, notified the FAA that States, the proposed AD would require on the States, on the relationship an unsafe condition may exist on Fokker a revision of the Emergency, Normal, between the national government and Model F27 series airplanes equipped and Abnormal Procedures Sections of the States, or on the distribution of with Rolls-Royce 532–7 ‘‘Dart 7’’ (RDa- the FAA-approved Airplane Flight power and responsibilities among the 7) series engines. The RLD advises that Manual (AFM) to provide the flightcrew various levels of government. Therefore, there have been numerous incidents of with modified operational procedures to in accordance with Executive Order cruise lock hang-up on Fokker Model ensure continuous operation with the 12612, it is determined that this F27 series airplanes. This malfunction HPC levers in the lockout position (with proposal would not have sufficient of the cruise lock withdrawal system, the cruise lock withdrawal system federalism implications to warrant the combined with failure of the flightcrew disabled). The actions would be preparation of a Federalism Assessment. to select the high pressure cock (HPC) required to be accomplished in For the reasons discussed above, I levers to the lockout position, has accordance with the service information certify that this proposed regulation: (1)

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Is not a ‘‘significant regulatory action’’ Alternative Methods of Compliance information by a foreign civil under Executive Order 12866; (2) is not (b) An alternative method of compliance or airworthiness authority. The actions a ‘‘significant rule’’ under the DOT adjustment of the compliance time that specified by the proposed AD are Regulatory Policies and Procedures (44 provides an acceptable level of safety may be intended to detect and correct cracking FR 11034, February 26, 1979); and (3) if used if approved by the Manager, of the rear spar of the wing, which could promulgated, will not have a significant International Branch, ANM–116, FAA, result in reduced structural integrity of Transport Airplane Directorate. Operators economic impact, positive or negative, the airplane. on a substantial number of small entities shall submit their requests through an appropriate FAA Principal Operations under the criteria of the Regulatory DATES: Comments must be received by Inspector, who may add comments and then May 24, 1999. Flexibility Act. A copy of the draft send it to the Manager, International Branch, regulatory evaluation prepared for this ANM–116. ADDRESSES: Submit comments in action is contained in the Rules Docket. Note 1: Information concerning the triplicate to the Federal Aviation A copy of it may be obtained by existence of approved alternative methods of Administration (FAA), Transport contacting the Rules Docket at the compliance with this AD, if any, may be Airplane Directorate, ANM–114, location provided under the caption obtained from the International Branch, ADDRESSES. ANM–116. Attention: Rules Docket No. 98–NM– 62–AD, 1601 Lind Avenue, SW., List of Subjects in 14 CFR Part 39 Special Flight Permits Renton, Washington 98055–4056. Air transportation, Aircraft, Aviation (c) Special flight permits may be issued in Comments may be inspected at this accordance with §§ 21.197 and 21.199 of the safety, Safety. location between 9:00 a.m. and 3:00 Federal Aviation Regulations (14 CFR 21.197 p.m., Monday through Friday, except The Proposed Amendment and 21.199) to operate the airplane to a location where the requirements of this AD Federal holidays. Accordingly, pursuant to the can be accomplished. The service information referenced in authority delegated to me by the Note 2: The subject of this AD is addressed the proposed rule may be obtained from Administrator, the Federal Aviation in Dutch airworthiness directive 1996–130 Airbus Industrie, 1 Rond Point Maurice Administration proposes to amend part (A), dated October 31, 1996. Bellonte, 31707 Blagnac Cedex, France. 39 of the Federal Aviation Regulations Issued in Renton, Washington, on April 19, This information may be examined at (14 CFR part 39) as follows: 1999. the FAA, Transport Airplane D.L. Riggin, PART 39ÐAIRWORTHINESS Directorate, 1601 Lind Avenue, SW., Acting Manager, Transport Airplane DIRECTIVES Renton, Washington. Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 39 [FR Doc. 99–10184 Filed 4–22–99; 8:45 am] continues to read as follows: BILLING CODE 4910±13±U Norman B. Martenson, Manager, International Branch, ANM–116, FAA, Authority: 49 U.S.C. 106(g), 40113, 44701. Transport Airplane Directorate, 1601 § 39.13 [Amended] DEPARTMENT OF TRANSPORTATION Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2110; 2. Section 39.13 is amended by Federal Aviation Administration adding the following new airworthiness fax (425) 227–1149. directive: 14 CFR Part 39 SUPPLEMENTARY INFORMATION: Fokker: Docket 98–NM–364–AD. [Docket No. 98±NM±62±AD] Comments Invited Applicability: Model F27 series airplanes, as listed in Fokker F27 Service Bulletin F27/ RIN 2120±AA64 Interested persons are invited to 61–40, Revision 1, dated August 1, 1997; participate in the making of the certificated in any category. Airworthiness Directives; Airbus proposed rule by submitting such Compliance: Required as indicated, unless Industrie Model A300±600 Series accomplished previously. Airplanes written data, views, or arguments as To prevent overspeed and burnout of the they may desire. Communications shall engines during flight by ensuring that the AGENCY: Federal Aviation identify the Rules Docket number and high pressure cock (HPC) levers are in a Administration, DOT. be submitted in triplicate to the address permanent lockout position, accomplish the ACTION: Notice of proposed rulemaking specified above. All communications following: (NPRM). received on or before the closing date AFM Revision for comments, specified above, will be (a) Within 6 months after the effective date SUMMARY: This document proposes the considered before taking action on the of this AD: Revise the Emergency, Normal, supersedure of an existing airworthiness proposed rule. The proposals contained and Abnormal Procedures Sections, as directive (AD), applicable to certain in this notice may be changed in light applicable, of the FAA-approved Airplane Airbus Industrie Model A300–600 series of the comments received. Flight Manual (AFM) by incorporation of airplanes, that currently requires Fokker F27 Service Bulletin F27/61–40, repetitive high frequency eddy current Comments are specifically invited on Revision 1, dated August 1, 1997; including inspections to detect cracks in bolt holes the overall regulatory, economic, Fokker F27 Manual Change Notification where parts of the main landing gear are environmental, and energy aspects of (MCNO) F27–001, dated June 30, 1997. attached to the rear spar, and repair, if the proposed rule. All comments [MCNO F27–001 specifies procedures for necessary. This action would require submitted will be available, both before placing the HPC levers in a permanent and after the closing date for comments, lockout position (with the cruise lock repetitive ultrasonic inspections to withdrawal system disabled) during detect cracking in certain bolt holes of in the Rules Docket for examination by operation of the airplane.] This action may be the rear spar, and repair, if necessary. interested persons. A report accomplished by inserting a copy of the This proposal is prompted by issuance summarizing each FAA-public contact MCNO into the AFM. of mandatory continuing airworthiness concerned with the substance of this

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(DGAC), which is the airworthiness Interval for Certain Airplanes Commenters wishing the FAA to authority for France, classified Revision acknowledge receipt of their comments 2 of this service bulletin as mandatory The FAA finds that paragraph (c)(1) of submitted in response to this notice and issued French airworthiness the existing AD may be misleading to must submit a self-addressed, stamped directive 94–031–155(B)R1, dated May operators in terms of specifying the postcard on which the following 7, 1997, in order to assure the continued applicable repetitive inspection interval. statement is made: ‘‘Comments to airworthiness of these airplanes in Paragraph (c)(1) of the existing AD states Docket Number 98–NM–62–AD.’’ The France. The DGAC also approved (for airplanes on which a crack was postcard will be date stamped and Revision 3 of this service bulletin. detected but on which Airbus Industrie returned to the commenter. Modification 07716 has not been Airbus Industrie also has issued accomplished), ‘‘After accomplishing Availability of NPRMs Service Bulletin A300–57–6073, dated the oversizing and HFEC inspection, Any person may obtain a copy of this September 30, 1997. That service repeat the inspection as required by NPRM by submitting a request to the bulletin describes procedures for paragraph (b) of this AD at the FAA, Transport Airplane Directorate, modification of certain bolt holes of the applicable schedule specified in that ANM–114, Attention: Rules Docket No. rear spar by oversizing and cold paragraph.’’ The FAA finds that the 98–NM–62–AD, 1601 Lind Avenue, working the bolt holes, and installing SW., Renton, Washington 98055–4056. oversize studs. For airplanes on which repair procedures specified in Airbus Industrie Service Bulletin 300–57–6017, Discussion no cracks are found during the ultrasonic inspections proposed by this Revision 1, are substantially similar to On September 20, 1995, the FAA AD, and on which Airbus Modification those described in Airbus Industrie issued AD 95–20–02, amendment 39– 07716 (reference Airbus Industrie Service Bulletin A300–57–6020, dated 9380 (60 FR 52618, October 10, 1995), Service Bulletin A300–57–6020, dated November 22, 1993 (which is the service applicable to certain Airbus Industrie November 22, 1993) has not been bulletin associated with Airbus Model A300–600 series airplanes, to accomplished, accomplishment of the Industrie Modification 07716). require repetitive high frequency eddy modification described in service Therefore, the FAA has determined that current (HFEC) inspections to detect bulletin A300–57–6073 would eliminate airplanes on which Airbus Industrie cracks in bolt holes where parts of the Modification 07716 has not been main landing gear are attached to the the need for the inspections described previously. accomplished, but on which cracks rear spar, and repair, if necessary. That were detected and repaired in action was prompted by a report that FAA’s Conclusions accordance with Airbus Industrie cracks emanating from bolt holes in the Service Bulletin 300–57–6017, Revision rear spar were found during full-scale This airplane model is manufactured 1, should be subject to repetitive fatigue testing. The requirements of that in France and is type certificated for AD are intended to prevent unnecessary operation in the United States under the inspections at the same interval as those degradation of the structural integrity of provisions of § 21.29 of the Federal airplanes on which Airbus Industrie the airframe due to cracks in the rear Aviation Regulations (14 CFR 21.29) Modification 07716 has been spar. and the applicable bilateral accomplished. Note 4 has been included airworthiness agreement. Pursuant to in this proposal to clarify the intent of Explanation of Relevant Service this bilateral airworthiness agreement, paragraph (c)(1) of this AD. Information the DGAC has kept the FAA informed Differences Between the Proposed Rule Since the issuance of AD 95–20–02, of the situation described above. The and the French Airworthiness Directive Airbus Industrie has issued Service FAA has examined the findings of the Bulletin A300–57–6017, Revision 2, DGAC, reviewed all available The proposed AD would differ from dated January 14, 1997, and Revision 3, information, and determined that AD the parallel French airworthiness dated November 19, 1997. Airbus action is necessary for products of this directive in that the proposed AD would Industrie Service Bulletin A300–57– type design that are certificated for require accomplishment of the 6017, Revision 2, describes procedures operation in the United States. repetitive ultrasonic inspections in for an ultrasonic inspection to be accordance with Revision 3 of the performed in lieu of the HFEC Explanation of Requirements of service bulletin. The French inspection that was described in Proposed Rule airworthiness directive specifies Revision 1, dated July 25, 1994. The accomplishment of the repetitive ultrasonic inspection method allows the Since an unsafe condition has been inspection to be performed without identified that is likely to exist or ultrasonic inspections in accordance removing bolts in the area to be develop on other airplanes of the same with Revision 2 of the service bulletin. inspected, which is necessary for type design registered in the United The FAA’s determination is based on accomplishment of the HFEC inspection States, the proposed AD would the fact that Revision 3 of the service described in Revision 1. Revision 3 of supersede AD 95–20–02 to require bulletin includes appropriate inspection the service bulletin adds new repetitive ultrasonic inspections to thresholds and repetitive intervals for procedures for airplanes that have been detect cracking in certain bolt holes of airplanes inspected previously in inspected previously in accordance with the rear spar, and repair, if necessary. accordance with Revision 1 of the the original issue, dated November 22, The actions would be required to be service bulletin. Because the existing 1993, or Revision 1 of the service accomplished in accordance with AD requires accomplishment of HFEC bulletin. Accomplishment of the actions Revision 3 of Airbus Industrie Service inspections in accordance with Revision specified in Airbus Industrie Service Bulletin A300–57–6017, described 1 of the service bulletin, the FAA finds Bulletin A300–57–6017, Revision 3, is previously. This proposed AD also that Revision 3 is the appropriate source intended to adequately address the would provide for optional terminating of service information for the identified unsafe condition. The action for the repetitive inspections. inspections proposed by this AD.

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Cost Impact PART 39ÐAIRWORTHINESS landings after November 9, 1995, whichever DIRECTIVES occurs later. There are approximately 54 airplanes (2) For airplanes that have accumulated of U.S. registry that would be affected 1. The authority citation for part 39 17,301 or more total landings, but less than by this proposed AD. continues to read as follows: 19,300 total landings as of November 9, 1995: Inspect within 1,500 landings after November The new inspections that are Authority: 49 U.S.C. 106(g), 40113, 44701. 9, 1995. proposed in this AD action would take § 39.13 [Amended] (3) For airplanes that have accumulated approximately 226 work hours per 19,300 or more total landings as of November airplane to accomplish, at an average 2. Section 39.13 is amended by 9, 1995: Inspect within 750 landings after labor rate of $60 per work hour. Based removing amendment 39–9380 (60 FR November 9, 1995. on these figures, the cost impact of the 52618, October 10, 1995), and by adding (b) If no crack is found during the proposed requirements of this AD on a new airworthiness directive (AD), to inspection required by paragraph (a) of this read as follows: AD, repeat that inspection thereafter at the U.S. operators is estimated to be time specified in either paragraph (b)(1) or $732,240, or $13,560 per airplane, per Airbus Industrie: Docket 98–NM–62–AD. (b)(2) of this AD, as applicable. inspection cycle. Supersedes AD 95–20–02, Amendment (1) For airplanes on which Airbus Industrie 39–9380. The cost impact figures discussed Modification 07716 (as described in Airbus above are based on assumptions that no Applicability: Model A300–600 series Industrie Service Bulletin A300–57–6020) airplanes, having manufacturer’s serial operator has yet accomplished any of has not been accomplished, inspect at the numbers (MSN) 252 through 553 inclusive, time specified in paragraph (b)(1)(i) or the proposed requirements of this AD certificated in any category; except those (b)(1)(ii) of this AD, as applicable. action, and that no operator would airplanes on which Airbus Industrie (i) For airplanes having MSN 465 through accomplish those actions in the future if Production Modification No. 07601 has been 553 inclusive: Repeat the inspection at this AD were not adopted. accomplished prior to delivery. intervals not to exceed 13,000 landings, until Note 1: This AD applies to each airplane the inspection required by paragraph Regulatory Impact identified in the preceding applicability (d)(2)(i)(A) has been accomplished. The regulations proposed herein provision, regardless of whether it has been (ii) For airplanes having MSN 252 through otherwise modified, altered, or repaired in 464 inclusive: Repeat the inspection at would not have substantial direct effects the area subject to the requirements of this intervals not to exceed 8,400 landings, until on the States, on the relationship AD. For airplanes that have been modified, the inspection required by paragraph between the national government and altered, or repaired so that the performance (d)(2)(i)(B) has been accomplished. the States, or on the distribution of of the requirements of this AD is affected, the (2) For airplanes on which Airbus Industrie power and responsibilities among the owner/operator must request approval for an Modification 07716 has been accomplished, various levels of government. alternative method of compliance in inspect at the time specified in either accordance with paragraph (h) of this AD. paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as Therefore, in accordance with The request should include an assessment of applicable. Executive Order 12612, it is determined the effect of the modification, alteration, or (i) For airplanes having MSN 465 through that this proposal would not have repair on the unsafe condition addressed by 553 inclusive: Repeat the inspection at sufficient federalism implications to this AD; and, if the unsafe condition has not intervals not to exceed 11,800 landings, until warrant the preparation of a Federalism been eliminated, the request should include the inspection required by paragraph Assessment. specific proposed actions to address it. (d)(2)(ii)(A) has been accomplished. (ii) For airplanes having MSN 252 through For the reasons discussed above, I Compliance: Required as indicated, unless accomplished previously. 464 inclusive: Repeat the inspection within certify that this proposed regulation (1) To detect and correct cracking of the rear 10,700 landings following the initial is not a ‘‘significant regulatory action’’ spar of the wing, which could result in inspection required by paragraph (a) of this under Executive Order 12866; (2) is not reduced structural integrity of the airplane, AD, and thereafter at intervals not to exceed a ‘‘significant rule’’ under the DOT accomplish the following: 7,500 landings, until the inspection required Regulatory Policies and Procedures (44 by paragraph (d)(2)(ii)(B) has been Restatement of Requirements of AD 95–20– accomplished. FR 11034, February 26, 1979); and (3) if 02 promulgated, will not have a significant (c) If any crack is found during the inspection required by either paragraph (a) or economic impact, positive or negative, Note 2: Accomplishment of the inspections and repair of cracking in accordance with (b) of this AD, prior to further flight, on a substantial number of small entities Airbus Industrie Service Bulletin A300–57– accomplish the requirements of either under the criteria of the Regulatory 6017, dated November 22, 1993, prior to paragraph (c)(1) or (c)(2) of this AD, as Flexibility Act. A copy of the draft November 9, 1995 (the effective date of AD applicable. regulatory evaluation prepared for this 95–20–02, amendment 39–9380), is (1) For airplanes on which Airbus Industrie action is contained in the Rules Docket. acceptable for compliance with the Modification 07716 has not been A copy of it may be obtained by applicable action specified in this accomplished: Oversize the bolt hole by 1/32 contacting the Rules Docket at the amendment. inch and repeat the HFEC inspection location provided under the caption (a) Perform a high frequency eddy current required by paragraph (a) of this AD, in (HFEC) rototest inspection to detect cracks in accordance with Airbus Industrie Service ADDRESSES . certain bolt holes where the main landing Bulletin 300–57–6017, Revision 1, dated July List of Subjects in 14 CFR Part 39 gear (MLG) forward pick-up fitting and MLG 25, 1994. After accomplishing the oversizing rib 5 aft are attached to the rear spar, in and HFEC inspection, repeat the inspection Air transportation, Aircraft, Aviation accordance with Airbus Industrie Service as required by paragraph (b) of this AD at the safety, Safety. Bulletin A300–57–6017, Revision 1 (includes applicable schedule specified in that Appendix 1), dated July 25, 1994. paragraph, until the inspection required by The Proposed Amendment Note 3: This service bulletin also paragraph (d)(2)(ii)(A) has been references Airbus Industrie Service Bulletin accomplished. Accordingly, pursuant to the A300–57–6020, dated November 22, 1993, as Note 4: For the purposes of this AD, authority delegated to me by the an additional source of service information. airplanes that are repaired in accordance Administrator, the Federal Aviation (1) For airplanes that have accumulated with Airbus Industrie Service Bulletin 300– Administration proposes to amend part 17,300 total landings or less as of November 57–6017, Revision 1, are considered to be 39 of the Federal Aviation Regulations 9, 1995: Inspect prior to the accumulation of subject to repetitive inspections at the same (14 CFR part 39) as follows: 17,300 total landings, or within 1,500 interval as those airplanes on which Airbus

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Industrie Modification 07716 has been in paragraph (d)(2)(i)(A) or (d)(2)(i)(B) of this Alternative Methods of Compliance accomplished. AD, as applicable. (h) An alternative method of compliance or (i) If no cracking is detected, install the (A) For airplanes having MSN 465 through adjustment of the compliance time that second oversize bolt in accordance with the 553 inclusive: Inspect within 13,000 landings provides an acceptable level of safety may be service bulletin. after the most recent HFEC inspection, and used if approved by the Manager, (ii) If any cracking is detected, repair in thereafter at intervals not to exceed 8,900 International Branch, ANM–116. Operators accordance with a method approved by the landings. Accomplishment of this inspection shall submit their requests through an Manager, International Branch, ANM–116, constitutes terminating action for the appropriate FAA Principal Maintenance repetitive inspection requirement of FAA, Transport Airplane Directorate. Inspector, who may add comments and then paragraph (b)(1)(i) of this AD. (2) For airplanes on which Airbus Industrie send it to the Manager, International Branch, (B) For airplanes having MSN 252 through Modification 07716 has been accomplished: ANM–116. 464 inclusive: Inspect within 8,400 landings Repair in accordance with a method Note 6: Information concerning the approved by the Manager, International after the most recent HFEC inspection, and thereafter at intervals not to exceed 5,500 existence of approved alternative methods of Branch, ANM–116. After repair, repeat the compliance with this AD, if any, may be inspections as required by paragraph (b) of landings. Accomplishment of this inspection constitutes terminating action for the obtained from the International Branch, this AD at the applicable schedule specified ANM–116. in that paragraph, until the inspection repetitive inspection requirement of paragraph (b)(1)(ii) of this AD. required by paragraph (d)(2)(ii)(B) has been Special Flight Permits accomplished. (ii) If any cracking was detected during any HFEC inspection performed prior to the (i) Special flight permits may be issued in New Requirements of This AD: effective date of this AD, regardless of the accordance with sections 21.197 and 21.199 method of repair, or if Airbus Industrie of the Federal Aviation Regulations (14 CFR New Initial and Repetitive Inspections Modification 07716 has been accomplished: 21.197 and 21.199) to operate the airplane to (d) Perform an ultrasonic inspection to Inspect at the time specified in paragraph a location where the requirements of this AD detect cracks in certain bolt holes where the (d)(2)(ii)(A) or (d)(2)(ii)(B) of this AD, as can be accomplished. MLG forward pick-up fitting and MLG rib 5 applicable. Note 7: The subject of this AD is addressed aft are attached to the rear spar, in (A) For airplanes having MSN 465 through in French airworthiness directive 94–031– accordance with Airbus Industrie Service 553 inclusive: Inspect within 11,800 landings 155(B)R1, dated May 7, 1997. Bulletin A300–57–6017, Revision 3, dated after the most recent HFEC inspection, and November 19, 1997; at the time specified in thereafter at intervals not to exceed 8,200 Issued in Renton, Washington, on April 19, paragraph (d)(1) or (d)(2) of this AD, as landings. Accomplishment of this inspection 1999. applicable. constitutes terminating action for the D. L. Riggin, Note 5: Inspections accomplished prior to repetitive inspection requirement of Acting Manager, Transport Airplane the effective date of this AD in accordance paragraph (c)(1) or (c)(2) of this AD, as Directorate, Aircraft Certification Service. applicable. with Airbus Industrie Service Bulletin A300– [FR Doc. 99–10182 Filed 4–22–99; 8:45 am] 57–6017, Revision 2, dated January 14, 1997, (B) For airplanes having MSN 252 through are considered acceptable for compliance 464 inclusive: Inspect within 10,700 landings BILLING CODE 4910±13±U with paragraph (d) of this AD. after the initial inspection in accordance with (1) For airplanes not inspected prior to the paragraph (a) of AD 95–20–02, or within effective date of this AD in accordance with 7,500 landings after the most recent HFEC DEPARTMENT OF COMMERCE Airbus Industrie Service Bulletin A300–57– inspection, whichever occurs later, and 6017, dated November 22, 1993, or Revision thereafter at intervals not to exceed 4,900 National Oceanic and Atmospheric 1 (includes Appendix 1), dated July 25, 1994: landings. Accomplishment of this inspection Administration Inspect at the time specified in paragraph constitutes terminating action for the (d)(1)(i), (d)(1)(ii), or (d)(1)(iii) of this AD, as repetitive inspection requirement of 15 CFR Part 922 paragraph (c)(1) or (c)(2) of this AD, as applicable. Accomplishment of this applicable. [Docket No. 970626156±9077±02] inspection terminates the requirements of (e) If no cracking is detected during the paragraph (a) of this AD. ultrasonic inspection required by paragraph RIN No. 0648±AK01 (i) For airplanes that have accumulated (d)(1) of this AD, repeat that inspection 17,300 total landings or fewer as of the thereafter at the time specified in paragraph Regulation of the Operation of effective date of this AD: Inspect prior to the (e)(1) or (e)(2) of this AD, as applicable. Motorized Personal Watercraft in the accumulation of 17,300 total landings, or (1) For airplanes having MSN 465 through Gulf of the Farallones National Marine within 1,500 landings after the effective date 553 inclusive: Repeat the inspection at Sanctuary of this AD, whichever occurs later. intervals not to exceed 8,900 landings. (ii) For airplanes that have accumulated (2) For airplanes having MSN 232 through AGENCY: Marine Sancturaries Division 17,301 total landings or more but fewer than 464 inclusive: Repeat the inspection at (MSD), Office of Ocean and Coastal 19,300 total landings as of the effective date intervals not to exceed 5,500 landings. Resource Management (OCRM), of this AD: Inspect within 1,500 landings National Ocean Service (NOS), National after the effective date of this AD. Repair (iii) For airplanes that have accumulated Oceanic and Atmospheric (f) If any cracking is detected during any Administration (NOAA), Department of 19,300 total landings or more as of the inspection performed in accordance with effective date of this AD: Inspect within 750 paragraph (d) or (e) of this AD: Prior to Commerce (DOC). landings after the effective date of this AD. further flight, repair in accordance with a ACTION: Proposed rule. (2) For airplanes on which an HFEC method approved by the Manager, inspection was performed prior to the International Branch, ANM–116; or the SUMMARY: The National Oceanic and effective date of this AD in accordance with Direction Ge´ne´rale de l’Aviation Civile (or its Atmospheric Administration proposes paragraph (a) of AD 95–20–02, or in delegated agent). to amend the regulations governing the accordance with Airbus Industrie Service Gulf of the Farallones National Marine Terminating Action Bulletin A300–57–6017, dated November 22, Sanctuary (GFNMS or Sanctuary) to 1993: Inspect at the time specified in (g) Accomplishment of Airbus Industrie prohibit the operation of motorized paragraph (d)(2)(i) or (d)(2)(ii), as applicable. Modification 11440 (Airbus Industrie Service personal watercraft (MPWC) in the (i) If no cracking was detected during any Bulletin A300–57–6073, dated September 30, HFEC inspection accomplished prior to the 1997) constitutes terminating action for the nearshore waters of the Sanctuary. effective date of this AD, and if Airbus repetitive inspection requirements of Specifically, the operation of MPWC Industrie Modification 07716 has not been paragraphs (d) and (e) of this AD, as would be prohibited from the mean accomplished: Inspect at the time specified applicable. high-tide line seaward to 1,000 yards

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(approximately 0.5 nautical mile), other commerce throughout the sites in the Sanctuary, at Bodega Harbor including seaward of the Farallon Sanctuary. The EAC also stated that and Lawson’s Landing; (4) the areas in Islands. This proposed action responds MPWC create a hazard for other the Sanctuary where MPWC are to a petition from the Environmental Sanctuary users, including swimmers, operated are in the vicinity of the mouth Action Committee of West Marin, sailboats, windsurfers, open-water of Tomales Bay and the area outside California, to ban operation of MPWC in rowing shells and kayaks. NOAA also Bodega Harbor. Over 95 percent of the Sanctuary. This document also received 195 letters from members of MPWC operation that occurs in the responds to comments received in the public in response to media Sanctuary occurs in these areas; (5) response to a Notice of Inquiry/Request publicity about the petition. Sixty-four April through November appear to be for Information that NOAA published percent opposed regulation of MPWC; the times of highest use of MPWC in on August 21, 1997, to obtain additional 33 percent supported the ban; one Sanctuary waters; (6, 7, 9) numerous information on the operation and percent expressed no clear opinion. studies, technical articles, and personal impacts of MPWC. The proposed rule To supplement existing information documentation such as photos, letters would ensure that Sanctuary resources on the use and impacts of MPWC, and logs of the impacts of MPWC on and qualities are not adversely impacted NOAA published a Notice of Inquiry/ marine resources and other users were and would help avoid conflicts among Request for Information in the Federal received and collected. various users of the Sanctuary. Register on August 21, 1997, initiating The following have been identified A Draft Environmental Assessment a 45-day comment period that ended throughout NOAA’s review of this issue: (DEA) has been drafted on the proposed October 6, 1997. NOAA requested (1) Water-based recreational activity is rule and is available for comment. The information on the following: (1) The increasing in the United States; (2) DEA may be obtained from the address number of motorized personal water-based recreational activity has below. watercraft being operated in the impacted coastal habitats, seabirds, DATES: Comments on the proposed rule Sanctuary; (2) possible future trends in marine mammals and fish; (3) operation or DEA must be received by May 24, such numbers; (3) the customary of MPWC is a relatively new and 1999. A public hearing on this proposed launching areas for motorized personal increasingly popular water sport; (4) rule will be held at a time and location watercraft in or near the Sanctuary; (4) MPWC, are different from other types of to be published in a separate document. the areas of use of motorized personal motorized watercraft in their structure watercraft activity in the Sanctuary, (smaller size, shallower draft, two-stroke ADDRESSES: Comments should be sent to including areas of concentrated use; (5) engine, and exhaust venting to water as Ed Ueber, Sanctuary Manger, Gulf of the the periods (e.g., time of year, day) of opposed to air) and their operational Farallones National Marine Sanctuary, use of motorized personal watercraft in impacts (operated at faster speeds, Ft. Mason, Building 201, San Francisco, the Sanctuary, including periods of high operated closer to shore, make quicker California 94123; fax: (415) 561–6616; incidence of use; (6) studies or technical turns, stay in a limited area, tend to email: [email protected]. Comments articles concerning the impacts of operate in groups, and have more received will be available for public motorized personal watercraft on unpredictable movements); (5) MPWC inspection at the above address. marine resources and other users; (7) have been operated in such a manner as FOR FURTHER INFORMATION CONTACT: Ed first person or documented accounts of to create a safety hazard to other Ueber at (415) 561–6622. impacts of motorized personal resource users in the vicinity; (6) MPWC SUPPLEMENTARY INFORMATION: watercraft on marine resources and may interfere with marine commercial I. Background other users; and (8) any other uses; (7) MPWC have disturbed natural information or other comments that may quiet and aesthetic appreciation; (8) In recognition of the national be pertinent to this issues. NOAA MPWC have interfered with other significance of the unique marine received 160 public comments in marine recreational uses; (9) MPWC environment of the Gulf of the response to the notice of inquiry and have impacted coastal and marine Farallones, California, the GFNMS was two signature petitions during the habitats; (10) MPWC have disturbed designated in January 1981. Final comment period. One hundred fifty- waterfowl and seabirds; (11) MPWC regulations became effective April 5, three (96 percent) supported banning have disturbed and marine mammals; 1981, and March 30, 1982. The GFNMS the operation of MPWC within the (12) MPWC may disturb fish; (13) Other regulations at 15 CFR part 922, Subpart GFNMS. Two signature petitions were jurisdictions have had problems with H prohibit a relatively narrow range of also received; one, with 276 signatures, MPWC and have proposed and activities to protect Sanctuary resources supported the ban; the second, with 41 implemented various means of and qualities. signatures, opposed the ban. Forty-four attempting to solve the problems; (14) On April 18, 1996, the Environmental people spoke at a public meeting held the Sanctuary has sensitive areas that Action Committee (EAC) of West Marin, to gather information during the were deemed worthy of protection by California, petitioned the GFNMS to ban comment period, all but one of whom the designation of a National Marine the use of MPWC in the Sanctuary. supported the petition. Half of the Sanctuary, including five State Operation of MPWC are currently not speakers at the public meeting had designated Areas of Special Biological regulated by the Sanctuary. The EAC previously submitted written comments. Significance and four semi-enclosed identified a number of concerns Responses to and investigation of the estuarine areas; (15) MPWC present a regarding the use of MPWC within the specific questions in the notice revealed present and potential threat to resources Sanctuary. In its petition, the EAC that: (1) The number of MPWC currently and users of the GFNMS. asserted that: MPWC are completely being operated in Sanctuary waters is The waters of the Sanctuary are home incompatible with the existence of a believed by the proprietors of Lawson’s to rich biological diversity. The marine sanctuary; pose a danger to the Landing, the primary MPWP launch site importance and uniqueness of biological resources of the sanctuary, in Sanctuary waters, to be less than 200 Sanctuary waters has been such as marine mammals, wildfowl, launches per year by approximately 20 internationally recognized by the kelp beds, anadromous fish, and other users; (2) the use of MPWC in Sanctuary incorporation of Sanctuary waters in the marine life; create noise, water and air waters is believed to be increasing; (3) Golden Gate International Biosphere pollution; and threaten mariculture and there are two established MPWC launch Reserve, and the designation of Bolinas

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Lagoon as a RAMSAR (the Convention otters, sea turtles, and marine fauna and threatened or of special concern. These for Wetlands of International algae. include the following species 1, which Significance) site. The Sanctuary Among the hundreds of bird species are found in the nearshore waters of the provides habitat for hundreds of species that reside in or migrate through the Sanctuary and the Farallon Islands: of birds, marine mammals, pinnipeds, Sanctuary, many are endangered,

[Key: FE=Federally listed as endangered; FT=Federally listed as threatened; SE=listed in the State of California as endangered; ST=listed in the State of California as threatened; CSC=California species of concern]

Swimmers [ducks and duck-like]

Aleutian Canada goose ...... Branta canadensis leucopareia ...... FT Barrow's goldeneye ...... Bucephala islandica ...... CSC Common loon ...... Gavia immer ...... CSC Double-crested cormorant ...... Palacrocorax auritus ...... CSC Harlequin duck ...... Histrionicus histrionicus ...... CSC Marbled murrelet ...... Brachyramphus marmoratus ...... FT/SE

Aerialists [gulls and gull-like]

American white pelican ...... Pelecanus erythorhynchos ...... CSC Ashy storm petrel ...... Oceanodroma homochroa ...... CSC California brown pelican ...... Pelecanus occidentalis californicus ...... FE/SE California gull ...... Larus californicus ...... CSC California least tern ...... Sterna antillarum browni ...... FE/SE Elegant tern ...... Sterna elegant ...... CSC Hawaiian dark-rumped petrel ...... Pterodroma phaeopygia ...... FE Short-tailed albatross ...... Diomedea albatrus ...... FE

Long-legged waders [herons, cranes, etc.]

California black rail ...... Laterallus jamaicensis corurniculus ...... ST White-faced ibis ...... Plegadis chihi ...... CSC

Smaller waders [plovers, sandpipers, etc.]

Long-billed curlew ...... Numenius americanus ...... CSC Western snowy plover (coastal) ...... Charadrius alexandrinus niv...... FT/CSC

Birds of prey [hawks, eagles, owls]

Bald eagle ...... Haliaeetus leucocephalus ...... FT Ferruginous hawk ...... Buteo regalis ...... CSC Osprey ...... Pandion haliaetus ...... CSC Prairie falcon ...... Falco mexicanus ...... CSC

Passerine birds [perching]

Saltmarsh common yellowthroat ...... Geothlypis trichas sinuosa ...... CSC

There are at least twelve critical boundaries of the Sanctuary, and identified as critical feeding areas for marine bird nesting areas along the Northern Fur seals have pupped here for the threatened Steller sea lion, shoreline of the Sanctuary. More than the first time since the Sanctuary was including the nearshore areas around twelve species of marine birds breed in designated. Of the twenty-six species of Point Reyes, and the northern half of the Sanctuary. The nesting seabird cetaceans that occur in Sanctuary Tomales Bay. The Harbor seals, population of the Farallon Islands waters, nineteen are migratory, and elephant seals, California sea lion, Dall’s comprises the largest concentration of seven are considered resident species. porpoise, harbor porpoise and Gray breeding marine birds in the continental Many of these marine mammals occur whales are common in the nearshore U.S. in large concentrations and are waters and protected bays of the Thirty-three species of marine dependent on the productive and Sanctuary. In addition, four species of mammals have been observed in the secluded habitat of the Sanctuary’s endangered sea turtles are known to Sanctuary including six species of waters and adjacent coastal areas for reside in or migrate through Sanctuary pinnipeds and twenty-five species of breeding, pupping, hauling-out, feeding, waters. A listing of all threatened and cetaceans. More than 20 percent of the and resting during migration. Three endangered marine mammals and sea state’s harbor seals live within the areas in the Sanctuary have been turtles follows.

1 Bird classifications from Peterson, R.T. 1990. A field guide to western birds. Houghton Mifflin Company.

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[Key: FE=Federally listed as endangered; FT=Federally listed as threatened; ST=listed in the State of California as threatened]

Pinnipeds

Guadelupe fur seal ...... Arctocephalus townsendi ...... FT/ST Stellar (Northern) sea lion ...... Eumetopias jubatus ...... FT

Mustelids

Southern sea otter ...... Enhydra lutris nereis ...... FT

Cetaceans

Blue whale ...... Balaenoptera musculus ...... FE Humpback whale ...... Magaptera noveangliae ...... FE Sei whale ...... Balaenoptera robustus ...... FE Sperm whale ...... Physeter macrocphalus ...... FE

Sea Turtles

Green turtle ...... Chelonia mydas ...... FE Leatherback turtle ...... Dermochelys coriancea ...... FE Loggerhead turtle ...... Caretta caretta ...... FE Olive (Pacific) ridley sea turtle ...... Lepidochelys olivacea ...... FE

Because of its unique geology and pinniped haulout sites are present, nearshore waters of the Sanctuary, geography, the Sanctuary’s marine fauna where many critical nursery and food including waters surrounding the may be more diverse than in other areas source habitats for wildlife are located, Farallon Islands. After discussions with along the Pacific Coast. The protected and where many nearshore users of the the National Park Service, the bays and coastal wetlands of the Sanctuary’s water tend to concentrate. Environmental Action Committee of Sanctuary, such as Tomales Bay, Drakes The nearshore waters of the Sanctuary West Marin, the MPWC industry, the Bay, Bolinas Lagoon, and the esteros, are also those areas most impacted by Audubon Canyon Ranch, and individual include intertidal mudflats, sand flats, the operation of MPWC. Lawson’s ornithologists, NOAA is proposing a salt marshes, submerged rocky terraces, Landing, a current MPWC launch site, is 1,000-yard buffer as a reasonable area to and shallow subtidal areas. These areas situated at the largest pinniped haulout protect the nearshore waters. support large populations of benthic in Tomales Bay, and is also within a Specifically, the proposed rule would fauna and concentrations of burrowing quarter mile of Walker Creek delta, prohibit the operation of MPWC from organisms living on marine plants. where the highest concentration of the mean high-tide line seaward to Submerged eel grass (Zostra) beds are wading and shore birds occurs in the 1,000 yards (approximately 0.5 nautical prevalent in the northern portion of Sanctuary, and where sea otters have mile). The restricted areas include Tomales Bay, and support crucial been regularly observed. Drakes Bay, Tomales Bay, Bolinas habitat for more than 50 resident, The nearshore waters of the Sanctuary Lagoon, Estero Americano and Estero de breeding, and migratory bird are the areas most heavily used for San Antonio, except for an access populations, for a wide array of marine recreation. Areas such as Tomales Bay corridor from the launch site at Bodega invertebrates, and for the egg masses of and Dillon Beach are used for sailing, Harbor leading into Bodega Bay. herring and other fish. It is estimated canoeing, rowing, kyaking and Historically, there have been 4 (four) that approximately 30 million herring swimming. These activities are often launch sites in the area—Lawson’s annually spawn in the eelgrass beds of conducted very close to shore and may Landing at Dillion Beach, Millerton Tomales Bay (Fox, 1997). The shallow be dependent on calm waters. The Point Park, Inverness, and Bodega protected bays and estuaries within the ability of MPWC to go very close to Harbor. As of 1 November 1998, Sanctuary, such as Tomales Bay, Drakes shore (due to their shallow draft) and launching MPWC from Point Reyes Bay, Bolinas Lagoon, and the esteros, move in unpredictable ways may be National Seashore (PRNS) or Golden are important habitat for anadromous detrimental to the safety and aesthetic Gate National Recreation Areas fish, several species of surfperches, and experience of those conducting these (GGNRA) is prohibited (U.S. Dept. of flatfish. Numerous and diverse fish and more benign recreational activities. Interior, 1998a & b). Millerton Point invertebrate species are found in NOAA believes that MPWC operation in Park and Inverness are within GGNRA Sanctuary waters. Over 150 species of nearshore areas creates a user conflict and PRNS boundaries, respectively, and fish are found in the Sanctuary, and that can be avoided by keeping MPWC therefore can no longer be used. include predator and prey species, and offshore. Lawson’s Landing is situated at the most commercial fishing species. Among the Because of the biological diversity of critical Harbor seal and shore bird area fish found in Sanctuary waters are the the Sanctuary waters, the importance of in Tomales Bay (Walker Creek Delta). endangered winter-run chinook salmon the nearshore areas of the Sanctuary to Continued use of Lawson’s Landing and tidewater goby, and coho salmon, that diversity, the potential for adverse would result in unacceptable Federally listed as a threatened species. environmental impacts that operation of disturbance of these sensitive resources. The nearshore waters of the Sanctuary MPWC pose to these nearshore areas, Therefore, NOAA is proposing Bodega are particularly vulnerable areas where and because the the high potential for Harbor as the most appropriate launch myriad marine invertebrates and algae user conflicts, NOAA has decided to site, and the access corridor proposed in reside, where bird rookeries and prohibit their operation from the designed to facilitate access by MPWC

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Comments and Responses on Notice shallower draft (4 to 9 inches), and 1996). When discharged into water, of Inquiry/Request for Information lower horsepower (around 75, as MTBE tends to float on the surface The following is a summary of compared to up to 250 for large pleasure microlayer of the water. Research has comments received on the Request for craft) than most other kinds of indicated that chromosomal damage, Information, and NOAA’s responses. motorized watercraft (Ballestero, 1990; malformation, reduced growth, and high (1) Comment: Prohibiting operation of Snow, 1989). The smaller size and mortality rates of fish larvae may occur MPWC in the Sanctuary would unfairly shallower draft of MPWC means they at extremely low levels of surface layer single out one type of vessel. are more maneuverable, operable closer hydrocarbon pollution (Long, 1997). to shore and in shallower waters than Response: NOAA disagrees. Several MTBE, classified as a possible human other types of motorized watercraft. Federal resource agencies have carcinogen, has been implicated in This maneuverability greatly increases human complaints of headaches, recognized MPWC as a unique type of the potential for MPWC to disturb coughs, and nausea, and may also have recreational vessel that is relatively fragile nearshore habitats and detrimental effects on wildlife (National recent in origin (U.S. Fish and Wildlife organisms. Although wakes of MPWC Research Council 1996). MTBE is more Service, 1992; NOAA, 1992; U.S. Dept. may be smaller than wakes of soluble in water than other of Interior, 1998c). MPWC are designed conventional motor boats, they can be hydrocarbons, is not readily to be operated at high speeds, closer to more damaging (e.g., flooding of coastal biodegradable, is not subject to shore, and to make quicker turns than bird nests; erosion of shoreline) because photolysis, and does not readily absorb other types of motorized vessels. MPWC MPWC are often operated faster, closer to organic or inorganic particles. It is have a disproportional thrust capability to shore and repeatedly in the same area expected to volatilize approximately 10 and horsepower to vessel length and/or (Snow, 1989). Also, equipment can be times slower than other compounds weight, in some cases four times that of installed on MPWC to create more and (Miller and Fiore, 1997; Squillace et al., conventional vessels (U.S. Dept. of higher spray, which exacerbates the 1996). Since two-stroke engines emit Interior, 1998c). Research indicates that effects of MPWC wake. more exhaust into the water, they impacts associated with MPWC tend to Research indicates that MPWC therefore emit more MTBE into the be locally concentrated, producing increase turbidity and may redistribute water, posing a more serious ecological effects that are more geographically benthic invertebrates, and these impacts threat than do four-stroke engines. limited yet potentially more severe than may be prolonged as a result of repeated (3) Comment: MPWC may disturb motorboat use, due to repeated use by multiple machines in a limited fish, waterfowl and seabirds. disruptions and an accumulation of area. Research has shown that MPWC Response: NOAA agrees. Research in impacts in a shorter period of time can foul water with their discharge, and the Everglades National Park indicated (Snow, 1989). The Washington, D.C., increase local erosion rates by launching that fishing success dropped to zero Circuit Court of Appeals agreed with and beaching repeatedly in the same when fishing occurred in the same NOAA that there was a difference locations (Snow, 1989). The Bodega Bay waters used by MPWC, and scientists in between MPWC and other kinds of access route proposed in this regulation the Pacific Northwest have been watercraft: ‘‘personal watercraft were is an established corridor from an active concerned about the effects of MPWC on small, highly maneuverable, and fast, launch ramp, and would not result in spawning salmon (Snow, 1989; and * * * they operated close to shore, unreasonable additional environmental Sutherland and Ogle, 1975). Research in in areas of high concentrations of kelp impacts. Florida indicates that MPWC cause forests, marine mammals, and sea birds. MPWC are powered by a jet-propelled wildlife to flush at greater distances, That differentiated all larger craft, all system that typically involves a two- with more complex behavioral slower craft, all less maneuverable craft, stroke engine with an exhaust expulsion responses than observed in disturbances and all craft that did not tend to use the system that vents into the water. Most caused by automobiles, all-terrain same areas in the same manner.’’ (PWIA conventional recreational boats use a vehicles, foot approach, or motorboats. v. Dept of Commerce, 1995) There are at four-stroke engine. The two-stroke This was partially attributed by the least five salient differences between the engines found on the vast majority of scientists to the typical operation of use of MPWC and other types of MPWC in the United States discharge MPWC, where they accelerate and watercraft: (1) MPWC operators rarely more of their fuel (ranging from 10 decelerate repeatedly and engage in sedentary activities such as percent to more than 50 percent of the unpredictably, and travel at fast speeds fishing; (2) MPWC operators often travel unburned fuel/oil mixture, depending directly toward shore, while motorboats in groups of more than two vessels; (3) on manufacturing conditions and generally slow down as they approach MPWC operators generally run their operating variables) than the four-stroke shore (Rodgers, 1997). Scientific craft at high speeds and drive in engines found on conventional research also indicates that even at patterns of repeated circuitous trips; (4) recreational boats (Tahoe Research slower speeds, MPWC were a MPWC operators repeatedly Group, 1997). These emissions pose a significantly stronger source of circumnavigate small islands in shallow serious threat to the environment, as disturbance to birds than were waters, and/or may repeatedly jump two-stroke engines introduce more motorboats. Levels of disturbance were nearshore waves; and (5) because of volatile organic compounds (by a factor further increased when MPWC were MPWC size, speed and maneuverability, of 10) into the water than four-stroke used at high speeds or outside of MPWC operators may run unpredictable engines (Juttner et al., 1995; Tjarnlund established boating channels (Burger, transits, and can access shallow, et al., 1995). These emission can have 1998). Research notes that declining

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19950 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules nesting success of grebes, coots, and similarly powered conventional surrounding the Farallon Islands and moorhens in the Imperial National motorized watercraft (MPWC and Point Reyes, and to ensure the Wildlife Refuge were due to the noise conventional watercraft both registered continued availability of the area as a and physical intrusion of MPWC (Snow, between 74 and 84 decibels in tests research and recreational resource.’’ 1989). In addition, MPWC have been conducted in 1990) (Wooley, 1996) and When used as designed and in the observed flushing wading birds and appear to be quieter underwater (Gentry, current manner, the combined attributes nesting osprey from their habitats, 1996). However, many MPWC operators of MPWC interfere with resource contributing to abnormally high alter or remove the mufflers to enhance protection, multiple compatible use of numbers of abandoned osprey nests on craft performance, thus increasing the Sanctuary resources, and the long-term certain islands in the Florida Keys (U.S. noise generated by their craft. Also, ecological integrity of the nearshore Fish and Wildlife Service, 1992). The MPWC may be perceived as being Sanctuary waters. While use of MPWC number of active osprey nests in the louder than other boats because they in certain areas of the GFNMS could lower Florida Keys ‘‘backcountry’’ can travel faster, closer to shore often adversely impact resources and create dropped from five to zero between 1986 travel in groups, tend to frequently conflicts, uses outside these areas may and 1990. Biologists believe this was accelerate and decelerate, and ‘‘wake- not be incompatible with the due to MPWC flushing parents from the jump.’’These characteristics create Sanctuary’s purposes. For the reasons nests (Cuthbert and Suman, 1995). uneven, persistent noise apparently outlined in responses 1 through 7, Research suggests that declines in more bothersome to people and NOAA believes that operation of MPWC nesting birds in some states occurred potentially to wildlife. In addition, are incompatible with the protection simultaneous with MPWC operation. research indicates that the constancy of and preservation of the sensitive natural Numerous shoreline roost sites exist speed figures into noise generation, as resources of the nearshore waters of the within the Sanctuary, and research has most people adjust to a constant drone Sanctuary. shown that human disturbance at bird and cease to be disturbed by it, even at roost sites can force birds to completely elevated levels, but the changes in III. Summary of Regulations abandon an estuary. Published evidence loudness and pitch of MPWC are more Due to the many bird, pinniped, strongly suggests that estuarine birds disturbing to people than other mustelid, cetacean and fish species, may be seriously affected by even watercraft (Wagner, 1994). dependent solely or in the part on the occasional disturbance during key parts (6) Comment: MPWC may interfere Sanctuary’s nearshore waters, some of of their feeding cycle, and when flushed with other recreational uses of the which are listed by the State of from feeding areas, such as eelgrass Sanctuary. California and/or the Federal Response: NOAA agrees. The beds, will usually abandon the area Government as endangered, threatened, Sanctuary encourages multiple uses of until the next tidal cycle (Kelly, 1997). or of concern, and the effects the its waters that are compatible with (4) Comment: MPWC disturb marine operation of MPWC has on these species resource protection. When used as mammals. and other human users of the Response: NOAA agrees. There is a designed and in the current manner, Sanctuary’s waters (as detailed above), general conclusion that marine MPWC have significant potential to NOAA proposes to restrict the operation mammals are more disturbed by interfere with a large number of other watercraft such as MPWC, which run Sanctuary users. Numerous respondents so MPWC within Sanctuary waters to faster, on varying courses, or often to the Notice of Inquiry/Request for those areas outside a 1,000-yard change direction and speed, than they Information noted that MPWC were nearshore zone, including around the are by boats running parallel to shore interfering with, and often jeopardizing Farallon Islands. In proposing this rule, with no abrupt course or major speed the well-being of, swimmers, kayakers, NOAA is responding to the April 1996 change. Researchers note that MPWC canoeists, and other recreational boaters petition of the Environmental Action may be disruptive to marine mammals and users of nearshore areas in the Committee of West Marin, California when they change speed and direction Sanctuary. MPWC have been involved and to the agency’s constituents, frequently, are unpredictable, and may in numerous accidents, and thus pose a including the public, marine transit the same area repeatedly in a hazard to other water users. Although commercial interests, and other short period of time. In addition, MPWC make up approximately 11 governments agencies. In responding, because MPWC lack low-frequency long percent of vessels registered in the the agency has taken into account all distance sounds underwater, they do country (U.S. Dept. of Interior, 1998c), expressed viewpoints, and has not signal surfacing mammals or birds Coast Guard statistics show that in 1996, attempted to balance these fully and in of approaching danger until they are 36 percent of all watercraft involved in accordance with the Gulf of the very close to them (Gentry, 1996; accidents were MPWC (U.S. Coast Farallones National Marine Sanctuary’s Osborne, 1996). Guard, 1999). In addition, numerous stated mission to ‘‘protect and preserve Possible disturbance effects of MPWC commentors noted that the operation of the extraordinary ecosystem, including on marine mammals could include MPWC in nearshore areas diminishes marine birds, mammals, and other shifts in activity patterns and site the aesthetic qualities of many beach natural resources, of the waters abandonment by harbor seals and and recreational areas, and may surrounding the Farallon Islands and Steller sea lions; site abandonment by interfere with other economic uses of Point Reyes, and to ensure the harbor porpoise; injuries from the areas based upon these aesthetic continued availability of the area as a collisions; and avoidance by whales qualities. research and recreational resource.’’ In (Gentry, 1996; Richardson et al., 1995). (7) Comment: MPWC are responding thus, the agency also aims to Comment: MPWC are excessively incompatible with the purposes of the proactivity carry out the mission of the noisy, and disturb the peace of other Sanctuary. MFNMS by addressing the operation of users of the Sanctuary. Response: The Sanctuary was a unique type of vessel in sensitive Response: In general, unless modified designated in 1981 to ‘‘protect and marine and estuarine habitats. by the operator (i.e., removal or preserve the extraordinary ecosystems, Amendments to the GFNMS alteration of the muffler), MPWC do not including marine birds, mammals, and regulations are proposed in this appear to be any louder in the air than other natural resources, of the waters rulemaking as follows:

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The proposed amendment is the motorized personal watercraft in the colony of Common Terns. Condor, 100 (3): addition to 15 CFR 922.82(a) of a nearshore areas of the Sanctuary. 528–534. prohibition against operation of Specifically, the operation of MPWC Cuthbert, A. and D. Suman. 1995. To jet ski or not to jet ski: personal watercraft conflicts motorized personal watercraft in the would be prohibited from the mean in the lower Florida Keys, in Suman, D., nearshore waters of the Sanctuary. high-tide line seaward to 1,000 yards Shivlani, and M. Villanueva, eds. Urban Specifically, the operation of MPWC (approximately 0.5 nautical mile). The growth and sustainable habitats, Division of would be prohibited from the mean proposed rule would ensure that Marine Affairs and Policy, Rosenstiel School high-tide line seaward to 1,000 yards Sanctuary resources and qualities are of Marine and Atmospheric Science, (approximately 0.5 nautical mile), not adversely impacted and would help University of Miami, Miami, Florida. including seaward of the Farallon avoid conflicts among various users of Fox, K.J., President, Tomales Bay Islands. The restricted areas include the Sanctuary. Association, Point Reyes Station, California. Personal communication, Sept. 25, 1997. Drakes Bay, Tomales Bay, Bolinas There are currently two established Gentry, R. 1996. Motorized Personal Water Lagoon, Estero Americano and Estero de launch sites for MPWC operation in the Craft and Marine Mammal Populations in San Antonio, except for an access Sanctuary; Lawson’s Landing and Washington Sound, Washington. Technical corridor in Bodega Bay, as described in Bodega Harbor. The proposed regulation paper. Appendix B of Subpart H of 15 CFR Part would remove Lawson’s Landing as a Juttner, F., D. Backhaus, U. Matthias, U. 922. The prohibition would include an MPWC launch site due to its proximity Essers, R. Greiner, and B. Mahr. 1995. exception for the use of MPWC for to critical harbor seal and shore bird Emissions of Two- and Four-Stroke Outboard Engines—I. Quantifications of Gases and emergency search and rescue and law areas. Lawson’s Landing, on the eastern VOC. Wat. Res. Vol. 29, No. 8, 1976–1982. enforcement (other than training shore at the mouth of Tomales Bay, had Kelly, J., Resident Biologist, Audubon activities) by Federal, State and local 169 MPWC launches in 1997 at $5/ Canyon Ranch, Marshall, California. Personal jurisdictions. launch. According to the owner of communication, Sept. 25, 1997. Section 922.81 would also be Lawson’s Landing, the total annual Long, R., 1997. Polluting for Pleasure: Part amended by adding a definition of value of MPWC launch business was II. Sail, January 1997. ‘‘motorized personal watercraft’’ as ‘‘a under $800, because some of the Miller, G. and M. Fiore. 1997. Preliminary Study on Gasoline Constitutents in Lake vessel which uses an inboard motor launches were free. Neither launch site Tahoe, Summer, 1997. Environmental and powering a water jet pump as its rents MPWC. The Bodega Harbor launch Resources Sciences Department, University primary source of motive power and site will still be available for MPWC, of Nevada, Reno. which is designed to be operated by a and is less than 5 miles north of National Oceanic and Atmospheric person sitting, standing, or kneeling on Lawson’s Landing. The owner of Administration. 1992. Monterey Bay National the vessel, rather than the conventional Lawson’s Landing says that this is a Marine Sanctuary Final Environmental manner of sitting or standing inside the minor portion of the total revenues. The Impact Statement and Final Regulations. 57 vessel.’’ majority of the Sanctuary (over 95 FR 43310 (Sept. 18, 1992). National Research Council. 1996. As discussed in detail above, this percent) will still be available to MPWC, Toxicological and Performance Aspects of regulation is necessary to protect so rentals should not be affected by the Oxygenated Motor Vehicle Fuels. National sensitive biological resources and 1,000-yard prohibited buffer. Academy Press. important, to minimize user conflict, Consequently, the rule is not expected Osborne, R. 1996. ‘‘Testimony and Exhibits and to protect the ecological, aesthetic, to significantly impact a substantial Submitted to Board of County and recreational qualities of the number of small business entities. Commissioners Regarding Restrictions on nearshore area of the Sanctuary. Accordingly, a Regulatory Flexibility Use of Jet Skis in San Juan County.’’ Superior Analysis was not prepared. Court of Washington, for Whatcom County. IV. Miscellaneous Rulemaking Richardson, J.W., C.R. Greene, Jr., C.I. Requirements Paperwork Reduction Act Malme, and D.H. Thomson, 1995. Marine Mammals and Noise. Academic Press, San Executive Order 12866: Regulatory This proposed rule would not impose Diego, CA. Impact an information collection requirement Rodgers, J.A. and H.T. Smith. 1997. Buffer This proposed rule has been subject to review and approval by OMB zone distances to protect foraging and loafing waterbirds from human disturbance in determined to be not significant for under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq. Florida. Wildlife Soc. Bull., 25(1):139–145. purposes of Executive order 12866. Snow, S. 1989. A Review of Personal Executive Order 12612: Federalism National Environmental Policy Act Watercraft and Their Potential Impact on the Natural Resources of Everglades National Assessment NOAA has concluded that this Park. Technical paper. NOAA has concluded that this regulatory action does not constitute a Squillace, P.J., J.F. Pankow, N.E. Korte, and regulatory action does not have federal major federal action significantly J.S. Zogorski. 1996. Environmental Behavior implications sufficient to warrant affecting the quality of the human and Fate of Meth tert-Butyl Ether (MTBE). preparation of a federalism assessment environment. Therefore, an U.S. Geological Survey Fact Sheet F5–203– 96. under Executive Order 12612. environmental impact statement is not required. A draft environmental Sutherland, A.J. and D.G. Ogle. 1975. Effect Regulatory Flexibility Act assessment has been prepared. It is of jet boats on salmon eggs. N.Z. Journal of Marine and Freshwater Research, 9(3):273– The Assistant General Counsel for available for comment from the address 82. Legislation and Regulation of the listed at the beginning of this notice. Tahoe Research Group. 1997. The Use of 2- Department of Commerce certified to Bibliography Cycle Engine Watercraft on Lake Tahoe: the Chief Counsel for Advocacy of the Water Quality and Limnological Small Business Administration as Ballestero, T.P. 1990. Impact of motor boat Considerations. University of California, and personal watercraft on the environment: follows: Davis. bibliography. Environmental Research Tjarnlund, U., G. Ericson, E. Lindesjoo, I. The proposed rule would amend the Group, University of New Hampshire. Petterson, and L. Balk. 1995. Investigation of Gulf of the Farallones National Marine Durham, New Hampshire. 25pp. the Biological Effects of 2-Cycle Outboard Sanctuary (GFNMS or Sanctuary) Burger, J. 1998. Effects of motorboats and Engines’ Exhaust on Fish. Marine regulations to prohibit the operation of personal watercraft on flight behavior over a Environmental Research. 39, 313–316.

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U.S. Coast Guard. 1999. Recreational Appendix B to this subpart, operation of FOR FURTHER INFORMATION CONTACT: Boating Accident Statistics 1995 and 1996. any motorized personal watercraft from Carol R. Miaskoff, Assistant Legal www.uscgboating.org/stats.html. Accessed the mean high-tide line seaward to Feb. 1999. Counsel, or Paul E. Boymel, Senior PWIA vs. Department of Commerce, 48 1,000 yards (approximately 0.5 nautical Attorney-Advisor, 202–663–4689 F.3d 540 (D.C. Cir. 1995). mile), including 1,000 yards seaward (voice), 202–663–7026 (TDD). U.S. Department of the Interior. 1998a. from the Farallon Islands. The restricted Golden Gate National Recreation Area. Code areas include Drakes Bay, Tomales Bay, SUPPLEMENTARY INFORMATION: of Federal Regulations, Title 36, Chapter 1, Bolinas Lagoon, Estero Americano and A. Background compendium amendment and Estero de San Antonio. Administrative Record. (ii) This prohibition shall not apply to 1. Introduction U.S. Department of the Interior. 1998b. the use of personal watercraft for Point Reyes National Seashore. Code of emergency search and rescue missions In Oubre v. Entergy Operations, Inc., Federal Regulations, Title 36, Chapter 1, 522 U.S. 422 (1998), the Supreme Court compendium. or law enforcement operations carried U.S. Department of the Interior. 1998c. out by National Park Service, U.S. Coast held that an individual was not required Proposed Rule: Personal Watercraft Use Guard, San Francisco Fire or Police to return (‘‘tender back’’) consideration Within the NPS System. 63 FR 49312 (Sept. Departments or other Federal, State or for a waiver in order to allege a violation 15, 1998). local jurisdictions. of the Age Discrimination in U.S. Fish and Wildlife Service. 1992. * * * * * Employment Act of 1967 (ADEA), 29 Management Agreement for the Florida Keys U.S.C. 621 et seq., as amended by the Refuges—Monore County, Florida. 3. A new appendix is added to Wagner, K.J. 1994. Of hammacks and subpart H, as follows: Older Workers Benefit Protection Act of horsepower: the noise issue at lakes. 1990 (OWBPA). The Court explained Appendix B to Subpart H of Part 922— Lakeline, June 1994, pp. 24–28. that, because the release did not comply Access Corridor Within the Sanctuary Woolley, T. 1996. Testimony prepared for with the ADEA, plaintiff’s retention of Where the Operation of Motorized the Superior Court of Washington for the consideration did not constitute a Whatcom County. Personal Watercraft Is Allowed ratification that made the release valid. List of Subjects in 15 CFR Part 922 There shall be an access corridor at Moreover, the employer could not Bodega Bay where MPWC can launch Administrative practice and invoke the employee’s failure to tender and motor out to waters that are outside procedure, Coastal zone, Education, back consideration as a way of excusing the 1,000 yard buffer where operation of Environmental protection, Marine its own failure to comply with the MPWC are prohibited. This access resources, Penalties, Recreation and statute. corridor shall be between the following recreation areas, Reporting and coordinates at Bodega Harbor: South EEOC is issuing proposed legislative recordkeeping requirements, Research. Jetty: 38l 18′18′′ N, 123l 02′54′′ W; regulations to address issues raised by Authority: 16 U.S.C. Section 1431 et seq. North Jetty: 38l 18′22′′ N, 123l 02′56′′ the Oubre decision. In summary, (Federal Domestic Assistance Catalog W; and out 1,000 yards into the Bay on EEOC’s position is that: (1) an Number 11.429 Marine Sanctuary Program) a 090l T bearing. individual alleging that a waiver April 3, 1999. agreement was not knowing and [FR Doc. 99–9981 Filed 4–22–99; 8:45 am] Ted Lillestolen, voluntary under the ADEA is not BILLING CODE 3510±08±M Deputy Assistant Administrator, Ocean required to tender back the Services and Coastal Zone Management. consideration as a precondition for Accordingly, for the reasons set forth EQUAL EMPLOYMENT OPPORTUNITY challenging that waiver agreement; (2) a above, 15 CFR 922, Subpart H is COMMISSION covenant not to sue or any other proposed to be amended as follows: condition precedent, penalty, or other 29 CFR Part 1625 limitation adversely affecting any PART 922, SUBPART HÐTHE GULF individual’s right to challenge a waiver OF THE FARALLONES NATIONAL Waivers of Rights and Claims: Tender agreement is invalid under the ADEA; MARINE SANCTUARY Back of Consideration (3) although in some cases an employer 1. Section 922.81 is amended by AGENCY: Equal Employment may be entitled to setoff, recoupment, or adding the following definition, in the Opportunity Commission (EEOC). restitution against an individual who appropriate alphabetical order. ACTION: Notice of proposed rulemaking. has successfully challenged the validity of a waiver agreement, such setoff, § 922.81 Definitions. SUMMARY: The Equal Employment recoupment, or restitution cannot be Opportunity Commission (EEOC or * * * * * greater than the consideration paid to Motorized personal watercraft means Commission) is publishing this notice of the individual or the damages awarded a vessel which uses an inboard motor proposed rulemaking (NPRM) to address powering a water jet pump as its issues related to the United States to the individual, whichever is less; and primary source of motive power and Supreme Court’s decision in Oubre v. (4) no employer may unilaterally which is designed to be operated by a Entergy Operations, Inc., 522 U.S. 422 abrogate its duties under a waiver person sitting, standing, or kneeling on (1998). agreement, even if one or more of the the vessel, rather than the conventional DATES: To be assured of consideration signatories to the agreement manner of sitting or standing inside the by EEOC, comments must be in writing successfully challenges the validity of vessel. and must be received on or before June that agreement under the ADEA. 2. Section 922.82 is amended by 22, 1999. adding new paragraph (a)(7) as follows: 2. The Older Workers Benefit Protection ADDRESSES: Written comments should Act of 1990 § 922.82 Prohibited or otherwise regulated be submitted to Frances M. Hart, activities. Executive Officer, Executive Secretariat, Title II of OWBPA amended the (a) * * * Equal Employment Opportunity ADEA to set out rules governing the (7)(i) Except for transit through an Commission, 1801 L Street, N.W., validity of a waiver agreement. Section established access corridor described in Washington, D.C. 20507. 7(f)(1) of the ADEA provides that ‘‘[a]n

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The statutory language consideration for the waiver, she filed this case, however, and simply reversed and legislative history of OWBPA make an ADEA suit against the employer the Fifth Circuit’s judgment and it clear that the listing in § 7(f)(1) is without tendering back the remanded for further proceedings nonexhaustive, and that even waiver consideration. The lower courts ruled consistent with its opinion. Id. agreements meeting the stated minimum that she could not proceed with her 5. EEOC Negotiated Rulemaking on requirements would not satisfy the lawsuit because she had not offered to Waivers Under OWBPA ADEA if, under the totality of the return the consideration to the circumstances, the waiver were not employer, agreeing with the employer’s In 1995 and 1996, EEOC conducted a knowing and voluntary. As recognized arguments under state contract and negotiated rulemaking on ADEA in Oubre, the ADEA waiver rules extend common law. See Oubre v. Entergy waivers under OWBPA. Although the to the tender back situation. Operations, Inc., 112 F.3d 787 (5th Cir. Rulemaking Committee considered the 1996), rev’d 522 U.S. 422 (1998). issue of tender back and ratification 3. Tender Back Requirement Before during its deliberations, the Committee Oubre The Supreme Court reversed the Fifth Circuit’s decision, stating that under decided that it would not reach Prior to the Supreme Court’s decision § 7(f)(1) of the ADEA: consensus and the issue was not in Oubre, the circuits were split on the addressed in the regulatory language issue of whether an individual who [T]he employee’s mere retention of monies recommended by the Committee to the [did not] amount to a ratification equivalent signed an agreement waiving rights and to a valid release of her ADEA claims, since Commission. EEOC promulgated a final claims under the ADEA was required to the retention did not comply with the regulation at 29 CFR 1625.22 on June 5, tender back any consideration paid by OWBPA any more than the original release 1998, 63 FR 30624. The preamble to the the employer in order to challenge the did. The statute governs the effect of the final regulation confirmed that the validity of the waiver in court. Several release on ADEA claims, and the employer issues raised in Oubre would not be courts took the position that an cannot invoke the employee’s failure to addressed in that section, but that the individual who accepted consideration tender back as a way of excusing its own tender back issue would be covered in in exchange for a waiver agreement was failure to comply. other guidance. not required to tender back that Oubre, 522 U.S. at 428. Thus, the Court consideration to the employer before allowed the employee’s case to proceed B. Purpose and Discussion of This challenging in court either the validity even though she had not tendered back Proposed Rule of the waiver agreement or any the consideration for the waiver 1. Purpose: Pursuant to its regulatory employment discrimination. See, e.g., agreement. authority under § 9 of the ADEA, EEOC Long v. Sears Roebuck & Co., 105 F.3d In its decision, the Court addressed has developed this proposed legislative 1529 (3d Cir. 1997), cert denied, 118 three main concerns. First, the Court regulation to address issues related to S.Ct. 1033 (1998); Oberg v. Allied Van stated that the ADEA foreclosed the the Oubre decision. This proposal Lines, Inc., 11 F.3d 679 (7th Cir. 1993). employer’s argument that state contract would add a new legislative regulation Other courts took the position that the law and common law principles apply at 29 CFR § 1625.23. tender back of consideration was to ADEA waiver issues. The Court 2. Discussion: This regulation sets necessary before an individual could emphasized that ‘‘the OWBPA sets up forth EEOC’s position on several challenge the waiver and the its own regime for assessing the effect of important issues concerning tender discrimination in court. These courts ADEA waivers, separate and apart from back. concluded that by retaining the contract law.’’ 522 U.S. at 427. The a. An individual alleging that a waiver consideration, the individual ‘‘ratified’’ Court also noted that the contract law agreement was not knowing and the waiver agreement and therefore principles cited by the employer ‘‘may voluntary under the ADEA is not could not challenge the agreement in not be as unified as the employer required to tender back the court. See, e.g., Blistein v. St. John’s asserts.’’ Id. at 426. consideration given for that agreement College, 74 F.3d 1459, 1465–66 (4th Cir. Second, the Court reasoned that the before filing either a lawsuit or a charge 1996); Wamsley v. Champlin Refining & practical effect of the employer’s of discrimination with EEOC or any Chemicals, Inc., 11 F.3d 534 (5th Cir. position, requiring tender back of state or local fair employment practices 1993). consideration as a condition of bringing agency. Retention of consideration does suit, could frustrate the purposes of the not foreclose a challenge to any waiver 4. The Oubre Decision ADEA and lead to an evasion of the agreement; nor does the retention In Oubre v. Entergy Operations, Inc., statute: constitute the ratification of any waiver. 522 U.S. 422 (1998), the Supreme Court In many instances a discharged employee A clause requiring tender back is invalid resolved the split among the circuits on likely will have spent the monies received under the ADEA. the question of tender back. The facts in and will lack the means to tender their (i) The Oubre Decision: The Court in Oubre involved an employee who, upon return. These realities might tempt employers Oubre made it clear that ‘‘[a]n employee her termination, signed an agreement to risk noncompliance with the OWBPA’s ‘may not waive’ an ADEA claim unless waiving all claims against her employer waiver provisions, knowing it will be the waiver or release satisfies the in exchange for payments totalling difficult to repay the monies and relying on OWBPA’s requirements. . . . Courts $6,258. The waiver agreement failed to ratification. cannot with ease presume ratification of comply with at least three of the Oubre, 522 U.S. at 427. that which Congress forbids.’’ 522 U.S. requirements of § 7(f)(1) of the ADEA. It Finally, the Court observed that lower at 427. The Court emphasized that ‘‘the did not: (1) give her the statutorily ‘‘courts may need to inquire whether the employee’s mere retention of monies mandated 21 days to consider the employer has claims for restitution, [does not] amount to a ratification

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However, the holding and rationale contemplates that the courts have the an employee to file a charge * * *,’’ of Oubre, which are based on the ADEA authority to determine the validity of a and therefore would contravene the as well as important public policy waiver agreement. Section 7(f)(3) states statute. 29 CFR § 1625.22 (i). concerns, are not limited to cases in that: b. A covenant not to challenge a which the terms of the waiver In any dispute that may arise over whether waiver agreement, or any other agreement are facially invalid. The any of the requirements [of §§ 7(f)(1) or (2)] arrangement that imposes any condition ADEA’s overarching standard is that have been met, the party asserting the precedent, any penalty, or any other waivers must be knowing and validity of a waiver shall have the burden of limitation adversely affecting any voluntary, and the specific provisions in proving in a court of competent jurisdiction individual’s right to challenge a waiver § 7(f)(1) are only minimum that a waiver was knowing and voluntary agreement, is invalid under the ADEA, pursuant to paragraph (1) or (2). requirements. While a waiver agreement whether the covenant or other that fails to meet these minimum (Emphasis supplied). Thus, the statute arrangement is part of the agreement or criteria cannot be knowing and does not envision a waiver agreement as is contained in a separate document. A voluntary, even agreements that do meet a complete bar to litigation, but rather provision allowing an employer to these criteria still may not be knowing suggests that a waiver is an affirmative recover costs, attorneys’ fees, and/or and voluntary under the ADEA. defense. A tender back requirement damages for the breach of any covenant For example, a waiver agreement that would be inconsistent with this or other arrangement is not permitted. meets all of the enumerated statutory design. (i) Covenants not to sue and other requirements in § 7(f)(1) still would not A tender back requirement is similar arrangements purport, on their be knowing and voluntary if the inconsistent with the OWBPA face, to bar an individual’s right to employer obtained an employee’s legislative history, which also shows challenge a waiver agreement in court.1 signature by force or compulsion. As that Congress contemplated that Like a tender back requirement, such a another example, an agreement might litigation would be available for covenant or other arrangement directly state on its face that an individual had deciding the validity of waiver offends the congressional intent to 45 days to accept the offer. If the agreements. Here, Congress expressly afford an individual the right to individual in fact were given only 5 stated that the burden of proof described challenge the validity of a waiver days to make this decision, the waiver in § 7(f)(3) establishes ‘‘an affirmative agreement. The ADEA clearly envisions would not be knowing and voluntary defense.’’ See S. 1511, Final Substitute that courts would have authority to under the ADEA. See 29 CFR Statement of Managers, 136 Cong. Rec. determine the validity of the waiver 1625.22(e). Finally, with regard to the 13596–97 (1990). In reference to an and, therefore, necessarily contemplates informational requirements under earlier version of the OWBPA that individuals would have the § 7(f)(1)(H), it is impossible to assess an legislation, the Senate Committee on opportunity to bring such a challenge. employer’s compliance by a mere Labor and Human Resources explained: See § 7(f)(1) of the ADEA (setting out the examination of the waiver agreement. The Committee expects that courts specific standards for a court to These requirements depend on the reviewing the ‘‘knowing and voluntary’’ issue determine the validity of a waiver unique facts of a particular workforce will scrutinize carefully the complete reduction or voluntary termination agreement); § 7(f)(3) of the ADEA circumstances in which the waiver was (referring to a ‘‘court of competent program. See 29 CFR 1625.22(i); see, executed. * * * The bill establishes e.g., Griffin v. Kraft General Foods, Inc., specified minimum requirements that must jurisdiction’’ as the entity expected to 62 F.3d 368 (11th Cir. 1995)(analyzing be satisfied before a court may proceed to decide the validity of a challenged the validity of the information provided determine factually whether the execution of waiver); accord Senate Report at 32. See under § 7(f)(1)(H), the court found that, a waiver was ‘‘knowing and voluntary.’’ also Raczak v. Ameritech Corp., 103 where the employer may have S. Rep. No. 101–263, at 32 (1990), F.3d 1257, 1271 (6th Cir. 1997) (‘‘[i]t considered several plants for closure reprinted in 1990 U.S.C.C.A.N. 1509, was the intent of Congress that waivers before it decided to close the plant at 1537 (hereinafter ‘‘Senate Report’’). would not preclude parties from issue, it might need to provide The law also is clear that a waiver bringing suit under the OWBPA’’), cert. information about employees at agreement cannot interfere with an denied, 118 S.Ct. 1033 (1998). multiple facilities). individual’s right to file a charge of (ii) Covenants not to sue and other In summary, compliance with § 7(f)(1) discrimination or assist EEOC in any such arrangements also carry with them of the ADEA cannot be determined administrative or legal proceedings. the threat of a counterclaim for breach based solely on the face of a waiver Section 7(f)(4) of the ADEA states: of the covenant and liability for costs, attorneys’ fees, and damages. The threat document. Because a waiver agreement No waiver agreement may affect the may be invalid due to circumstances of such a counterclaim or a similar Commission’s rights and responsibilities to 2 beyond the document itself, the enforce [the ADEA]. No waiver may be used threat, with the prospect of being Supreme Court’s rationale in Oubre to justify interfering with the protected right 1 precludes tender back as a condition for of an employee to file a charge or participate No waiver agreement, covenant, or other arrangement may prohibit any person from filing a any lawsuit or charge. in an investigation or proceeding conducted by the Commission. charge of discrimination or assisting EEOC in its (ii) ADEA Statutory Language and law enforcement activities. See 29 CFR 1625.22(i). Legislative History: In the ADEA, as See also 29 CFR 1625.22(i); EEOC 2 For example, it would be impermissible for an amended by the OWBPA, Congress Enforcement Guidance on Non- employer to bring an independent legal action, such clearly contemplated that courts would Waivable Employee Rights under EEOC as a state or federal breach of contract lawsuit, # because an employee filed a charge of decide the validity of waiver Enforced Statutes, 915.002, April 10, discrimination or challenged a waiver agreement in agreements. A requirement of tender 1997, 3 EEOC Compl. Man. (BNA) No. court. Such lawsuits would constitute retaliation

VerDate 23-MAR-99 18:18 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm08 PsN: 23APP1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 19955 forced to pay defendant’s legal waiver, an employer receives an Pace v. United Technologies Corp., Civil expenses, easily could chill persons affirmative defense against ADEA No. 3:97 CV 00481(AVC) (D.Conn. with valid claims from challenging claims. See Isaacs v. Caterpillar, 765 March 23, 1998) (post-Oubre cases waiver agreements. This chilling effect F.Supp. 1359, 1371 (C.D.Ill. 1991); stating that the employer would be runs counter to the purposes of the Senate Report at 53. Assuming that a entitled to a setoff consisting of all or ADEA, a remedial civil rights statute waiver agreement is upheld in court, part of the severance benefits paid if the that encourages employees to challenge and consequently serves as an plaintiffs should prevail on their ADEA illegal conduct by employers. See affirmative defense to a discrimination claims); Rangel v El Paso Natural Gas generally, Commonwealth of suit, the employer has received the Co., 996 F. Supp. 1093, 1099 (D.N.M. Massachusetts v. Bull HN Information benefit of its bargain. If the waiver is not 1998) (post-Oubre Title VII waiver case Systems, Inc., 16 F.Supp. 2d 90, 106 (D. upheld because it is not knowing and concluding that setoff against damages Mass. 1998) (‘‘[u]nder Bull’s proffered voluntary under the ADEA, the would be the proper way to handle interpretation, employers could employer has no right to the benefit of reimbursement); 50 C.J.S. Judgment functionally insulate themselves from its bargain. § 674 (stating that set-off ‘‘is not ADEA suits and ignore the waiver c. In some circumstances an employer demandable as of course, but rests in the provisions of the OWBPA simply by may be entitled to restitution, discretion of the court’’). including a drastic penalty provision in recoupment, or setoff against an This limit also ensures that employees the waiver as Bull has done. This employee’s recovery of damages in court would not be penalized for a challenge interpretation offends the intent of (or in the administrative process). to a waiver agreement when the amount Congress. * * *’’); Carroll v. Primerica In Oubre, the Court commented that, of damages awarded is low (for Financial Services Insurance Marketing, ‘‘[i]n further proceedings in this or other example, when the employee has 811 F.Supp. 1558 (N.D.Ga. 1992); Isaacs cases, courts may need to inquire mitigated damages by finding new v. Caterpillar, Inc., 702 F.Supp. 711, 713 whether the employer has claims for employment). Moreover, as stated in (C.D.Ill. 1988); EEOC v. United States restitution, recoupment, or setoff against section b., above, covenants not to sue Steel Corp., 671 F.Supp. 351, 358–59 the employee. * * *’’ 522 U.S. at 428.3 or other similar arrangements are not (W.D.Pa. 1987) (the court enjoined a In EEOC’s view, restitution, permitted. Therefore, an employer is not waiver provision wherein an employee recoupment, or setoff should be in the entitled to restitution, recoupment, or promised not to file a charge or claim discretion of the court but never exceed setoff for any costs, attorneys’ fees or under the ADEA since the waiver ‘‘has the lesser of the consideration given or other amounts claimed as damages the potential of deterring individuals the damages won. In the context of the attributable to an alleged breach of such from participating in ADEA claims. Oubre decision, with its overriding a covenant or other arrangement. ** * [I]f an individual is deterred from prohibition of tender back requirements, Finally, in a case involving more than bringing such an action in the first permitting any restitution beyond the one plaintiff, the reduction must be instance, the validity of the waiver of lesser of the amount the plaintiff wins awarded on a plaintiff-by-plaintiff basis. rights will not be able to be in court, or the amount of consideration Thus, no individual’s award can be determined.’’) given, would operate constructively as a reduced based on the consideration A position permitting covenants not tender back penalty for bringing suit. received by any other person. to sue or similar arrangements would Such a tender back penalty would The following is a nonexhaustive list render the OWBPA amendments and interfere with the plaintiff’s exercise of of the factors that may be relevant in the Oubre decision a nullity. Such ADEA rights, impose significant calculating the proper amount of provisions, coupled with the threat of hardship, and be contrary to public reduction to avoid unjust enrichment. counterclaims, would as a practical policy. Additionally, Oubre dictates that These factors reflect, in the ADEA matter undo the ADEA’s carefully general contract principles are not context, equitable principles that a crafted criteria for a knowing and applicable to ADEA cases if their reduction should be allowed only if it voluntary waiver by encouraging application would deter protected would promote justice, and should not employers to ignore those provisions. individuals from vindicating their be allowed if it results in injustice. See This in turn would undermine the statutory rights or encourage employers generally 50 C.J.S. Judgment § 674. ADEA’s objective to ‘‘ensure that older to evade their statutory responsibilities. These factors also reflect the Oubre workers are not coerced or manipulated See generally Daley v. United Court’s recognition that determining the into waiving their rights to seek legal Technologies Corp., Civil No. 3:97 CV proper amount of reduction may be relief under the ADEA.’’ Senate Report 00439 (AVC) (D.Conn. March 23, 1998); complex when the waiver encompasses at 5. EEOC does not find cases allowing claims other than those arising under 3 covenants not to sue persuasive, The terms ‘‘recoupment’’ and ‘‘setoff’’ refer to the ADEA. Oubre, 522 U.S. at 428. The the ability of a defendant to reduce the plaintiff’s factors include: because they are fundamentally at odds award of damages by amounts otherwise due to the with the holding and rationale of the defendant. Recoupment and setoff serve to limit the (i) Whether the employer apportioned Supreme Court in Oubre. See, e.g., Astor defendant’s recovery to no more than the amount the amount paid for the waiver v. International Business Machines of plaintiff’s damages. Black’s Law Dictionary (6th agreement among the rights waived, if ed. 1990), at 1275 and 1372. ‘‘Restitution is a return the waiver purports to waive rights Corp., 7 F.3d 533, 540 (6th Cir. 1993) or restoration of what the [employee] has gained in (covenant not to sue permissible in a transaction.’’ 1 Dan B. Dobbs, Law of Remedies, other than ADEA rights. If the employer release of ERISA rights); Artvale Inc. v Damages-Equity-Restitution § 4.1(1) at 551 (1993). did not apportion the consideration Generally, restitution is required to avoid the Rugby Fabrics Corp., 363 F.2d 1002, among the rights waived, the ‘‘unjust enrichment’’ of the party who previously apportionment should be done on an 1008 (2d Cir. 1966). obtained the money or property. Dobbs § 4.1(2) at (iii) An employer does not need to 557. There are several exceptions to the unjust equitable basis; bring a counterclaim to obtain what it enrichment doctrine that are relevant to ADEA (ii) Whether the employer’s purchased with the waiver. With a valid waivers, including when restitution would: (1) noncompliance with the ADEA waiver interfere with the rights of, or otherwise be requirements was inadvertent or was in inequitable to, the party who received payment; (2) under § 4(d) of the ADEA and intentional cause significant hardship because an individual bad faith or fraudulent; discrimination for purposes of liquidated damages changed position based upon the payment; or (3) be (iii) The nature and severity of the under § 7 of the ADEA. contrary to public policy considerations. Id . at 563. underlying employment discrimination

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19956 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules in the case, including whether the assistance to review the comments will PART 1625ÐAGE DISCRIMINATION IN employer willfully violated the ADEA. be provided with appropriate aids such EMPLOYMENT ACT If a willful violation occurred, any as readers or print magnifiers. Copies of deduction from the award should be this Notice are available in the following 1. The authority citation for part 1625 made after the damages are doubled alternative formats: large print, braille, continues to read as follows: pursuant to § 7(b) of the ADEA; electronic file on computer disk, and Authority: 81 Stat. 602; 29 U.S.C. 621; 5 (iv) The employee’s financial audio tape. To schedule an appointment U.S.C. 301; Secretary’s Order No. 10–68; condition; or receive a copy of the Notice in an Secretary’s Order No. 11–68; sec. 12, 29 (v) The employer’s financial alternative format, call 202–663–4630 U.S.C. 631; Pub. L. 99–592, 100 Stat. 3342; condition; (voice), 202–663–4399 (TDD). sec. 2, Reorg. Plan No. 1 of 1978, 43 FR (vi) The effect of the reduction upon 19807. the purposes and enforcement of the Executive Order 12866, Regulatory 2. In part 1625, § 1625.23 would be ADEA and the deterrence of future Planning and Review added to Subpart B—Substantive violations by the employer. Regulations, to read as follows: d. No employer may unilaterally Pursuant to § 6(a)(3)(B) of Executive abrogate its duties under a waiver Order 12866, EEOC has coordinated this § 1625.23 Waiver of rights and claims: agreement to any signatory, even if one NPRM with the Office of Management Tender back of consideration. or more of the signatories to the and Budget. Under § 3(f)(1) of Executive (a) An individual alleging that a agreement or EEOC successfully Order 12866, EEOC has determined that waiver agreement was not knowing and challenges the validity of that agreement the regulation will not have an annual voluntary under the ADEA is not under the ADEA. effect on the economy of $100 million required to tender back the In his concurrence in Oubre, Justice or more or adversely affect in a material consideration given for that agreement Breyer expressed concern that a way the economy, a sector of the before filing either a lawsuit or a charge successful challenge to a waiver economy, productivity, competition, of discrimination with EEOC or any agreement by one or more individuals jobs, the environment, public health or state or local fair employment practices not be construed to relieve an employer safety, or State or local or tribal agency. Retention of consideration does of its obligations to other individuals governments or communities. Therefore, not foreclose a challenge to any waiver who did not challenge that agreement. a detailed cost-benefit assessment of the agreement; nor does the retention Oubre, 522 U.S. at 431 (Breyer, J., regulation is not required. constitute the ratification of any waiver. concurring). Such an abrogation would Paperwork Reduction Act A clause requiring tender back is invalid penalize innocent employees for the under the ADEA. employer’s noncompliance with the EEOC certifies that the rule as (b) A covenant not to challenge a ADEA, and would therefore be void as proposed does not require the collection waiver agreement, or any other against public policy. See generally 17A of information by EEOC or any other arrangement that imposes any condition Am. Jur. 2d Contracts § 327 (1991) agency of the United States precedent, any penalty, or any other (stating that an illegal contract will be Government. The rule as proposed does limitation adversely affecting any enforced if refusal to enforce it ‘‘would not require any employer or other individual’s right to challenge a waiver produce a harmful effect on the party for person or entity to collect, report, or agreement, is invalid under the ADEA, whose protection the law making the distribute any information. whether the covenant or other bargain illegal exists’’). arrangement is part of the agreement or e. The rules set out in this regulation Regulatory Flexibility Act is contained in a separate document. A apply to cases within the EEOC EEOC certifies under 5 U.S.C. 605(b), provision allowing an employer to administrative process as well as to enacted by the Regulatory Flexibility recover costs, attorneys’ fees, and/or cases in court, and are fully consistent Act (Pub. L. 96–354), that this regulation damages for the breach of any covenant with the provisions of EEOC’s will not result in a significant economic or other arrangement is not permitted. (c) Restitution, recoupment, or setoff. regulation at 29 CFR 1625.22(i)(3). impact on a substantial number of small Comments: As a convenience to (1) Where an employee successfully entities. For this reason, a regulatory commentors, the Executive Secretariat challenges a waiver agreement and flexibility analysis is not required. A will accept public comments prevails on the merits of an ADEA copy of this proposed rule was transmitted by facsimile (‘‘FAX’’) claim, courts have the discretion to furnished to the Small Business machine. The telephone number of the determine whether an employer is Administration. FAX receiver is 202–663–4114. entitled to restitution, recoupment, or (Telephone numbers published in this In addition, in accordance with setoff (hereinafter, ‘‘reduction’’) against Notice are not toll-free). Only public Executive Order 12067, EEOC has the employee’s damages award. These comments of six or fewer pages will be solicited the views of affected Federal amounts never can exceed the lesser of accepted via FAX transmittal in order to agencies. the consideration the employee received assure access to the equipment. Receipt List of Subjects in 29 CFR Part 1625 for signing the waiver agreement or the of FAX transmittals will not be amount recovered by the employee. acknowledged, except that the sender Advertising, Age, Employee Benefits, Consistent with paragraph (b) of this may request confirmation of receipt by Equal Employment Opportunity, section, an employer is not entitled to calling the Executive Secretariat staff on Retirement. restitution, recoupment, or setoff for any 202–663–4066. Signed at Washington, D.C. this 19th day costs, attorneys’ fees or other amounts Comments received will be available of April, 1999. claimed as damages attributable to an for public inspection in the EEOC Ida L. Castro, alleged breach of such a covenant or Library, Room 6502, 1801 L Street, other arrangement. N.W., Washington, D.C. 20507, by Chairwoman. (2) In a case involving more than one appointment only, from 9:00 a.m. to It is proposed to amend chapter XIV plaintiff, any reduction must be applied 5:00 p.m., Monday through Friday, of title 29 of the Code of Federal on a plaintiff-by-plaintiff basis. No except legal holidays. Persons who need Regulations as follows: individual’s award can be reduced

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 19957 based on the consideration received by submittal changes the definition of Dated: March 30, 1999. any other person. ‘‘primarily operated,’’ includes a Jerry Clifford, (3) A nonexhaustive list of the factors Memorandum of Agreement between Acting Regional Administrator, Region 6. that may be relevant to determine the Texas Natural Resource [FR Doc. 99–9461 Filed 4–22–99; 8:45 am] whether, or in what amount, a reduction Conservation Commission and the BILLING CODE 6560±50±P should be granted, includes: Texas Department of Public Safety, and (i) Whether the employer apportioned removes the test-on-resale requirement the amount paid for the waiver from the SIP. The June 23, 1998, ENVIRONMENTAL PROTECTION agreement among the rights waived, if submittal commits the State to AGENCY the waiver purports to waive rights implementing On-Board Diagnostic other than ADEA rights. If the employer testing in January 2001. The December 40 CFR Part 52 did not apportion the consideration 22, 1998, submittal is the legislative among the rights waived, the authority needed to meet the [CA126±0129b FRL±6233±2] apportionment should be done on an requirements of the Clean Air Act and equitable basis; the Federal I/M regulations. In the Rules Approval and Promulgation of (ii) Whether the employer’s section of this Federal Register, EPA is Implementation Plans for Arizona and noncompliance with the ADEA waiver issuing direct final approval of the California; General Conformity Rules above SIP submittals and removing the requirements was inadvertent or was in AGENCY: Environmental Protection conditions from the July 11, 1997, bad faith or fraudulent; Agency (EPA). (iii) The nature and severity of the conditional interim approval. The ACTION: Proposed rulemaking. underlying employment discrimination Agency views this rulemaking as noncontroversial and anticipates no in the case, including whether the SUMMARY: This action proposes to employer willfully violated the ADEA. adverse comment. A rationale for the approve various revisions to State If a willful violation occurred, any approval is set forth in the direct final Implementation Plans (SIP) which deduction from the award should be rule. If no adverse comments are contain regulations for implementing received, no further action is made after the damages are doubled and enforcing the general conformity contemplated with regard to this pursuant to § 7(b) of the ADEA; rules which the EPA promulgated on proposal. If EPA receives adverse (iv) The employee’s financial November 30, 1993. EPA is proposing to comments, the direct final rule will be condition; approve SIP revisions which contain withdrawn and all public comments (v) The employer’s financial general conformity rules for the Arizona received will be addressed in a condition; SIP and the California SIP for the subsequent final rule based on this (vi) The effect of the reduction upon following California Air Pollution proposed rule. The EPA will not the purposes and enforcement of the Control Districts (APCD) and Air institute a second comment period on ADEA and the deterrence of future Quality Management Districts (AQMD): this action. Any parties interested in violations by the employer. El Dorado County APCD, Great Basin (d) No employer may unilaterally commenting on this action should do so at this time. Unified APCD, Monterey Bay Unified abrogate its duties under a waiver APCD, San Joaquin Valley Unified DATES: agreement to any signatory, even if one Comments must be received in APCD, Santa Barbara County APCD, or more of the signatories to the writing by May 24, 1999. South Coast AQMD, Feather River agreement or EEOC successfully ADDRESSES: Written comments on this AQMD, Placer County APCD, challenges the validity of that agreement action should be addressed to Mr. Sacramento Metro AQMD, Imperial under the ADEA. Thomas H. Diggs, Chief, Air Planning County APCD, Bay Area AQMD, San Section, at the EPA Regional Office Diego County APCD, Butte County [FR Doc. 99–10143 Filed 4–22–99; 8:45 am] listed below. Copies of the documents BILLING CODE 6570±01±P AQMD, Ventura County APCD, Mojave relevant to this action are available for Desert AQMD and Yolo-Solano AQMD. public inspection during normal The approval of these general business hours at the following conformity rules into the SIP will result ENVIRONMENTAL PROTECTION locations. Persons interested in AGENCY in the SIP criteria and procedures examining these documents should governing general conformity make an appointment with the 40 CFR Part 52 determinations instead of the Federal appropriate office at least 24 hours rules at 40 CFR Part 93, Subpart B. The [TX±84±1±7341b; FRL±6324±1] before the visiting day. Environmental Federal actions by the Federal Highway Protection Agency, Region 6, Air Administration and Federal Transit Approval and Promulgation of Air Planning Section (6PD–L), 1445 Ross Administration (under Title 23 U.S.C. or Quality State Implementation Plans Avenue, Suite 700, Dallas, Texas 75202– the Federal Transit Act) are covered by (SIP); Texas: Motor Vehicle Inspection 2733. Texas Natural Resource the transportation conformity rules and Maintenance (I/M) Program Conservation Commission, 12100 Park under 40 CFR Part 51, Subpart T— 35 Circle, Austin, Texas 78711–3087. AGENCY: Environmental Protection Conformity to State or Federal FOR FURTHER INFORMATION CONTACT: Agency (EPA). Implementation Plans of Transportation Sandra Rennie, Air Planning Section ACTION: Proposed rule. Plans, Programs, and Projects (6PD–L), EPA Region 6, 1445 Ross Developed, Funded or Approved Under SUMMARY: This action proposes approval Avenue, Dallas, Texas 75202–2733, Title 23 U.S.C. or the Federal Transit of the State of Texas supplemental I/M telephone (214) 665–7214. Act (and 40 CFR Part 93, Subpart A) and SIP submittals dated May 29, 1997, June SUPPLEMENTARY INFORMATION: See the are not affected by this action. 23, 1998, and December 22, 1998, which information provided in the Direct Final EPA proposes to approve these SIP would thereby remove the conditions action of the same title located in the revisions under sections 110(k) and from the July 11, 1997, conditional Rules section of this Federal Register. 176(c) of the Clean Air Act (CAA or the interim approval. The May 29, 1997, Authority: 42 U.S.C. 7401 et seq. Act). A more detailed discussion of

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19958 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules today’s action is provided in the Final Butte County AQMD, 9287 Midway, Suite public comments received will be Rule Section of this Federal Register. 1A, Durham, California 95938 addressed in a subsequent final rule In the Final Rules Section of this Ventura County APCD, 669 County Square based on this proposed rule. EPA will Federal Register, the EPA is approving Drive, Ventura, California 93003 not institute a second comment period these General Conformity SIP revisions Mojave Desert AQMD, 15428 Civic Drive, Suite 200, Victorville, California 92392– on this document. Any parties as a direct final rulemaking without 2383 interested in commenting on this prior proposal because the EPA views Yolo-Solano AQMD, 1947 Galileo Court, document should do so at this time. this action as noncontroversial and Suite 103, Davis, California 95616 DATES: Comments on this proposed rule anticipates no adverse comments. A FOR FURTHER INFORMATION CONTACT: must be received in writing by May 24, detailed rationale for the approval is set Doris Lo, Planning Office (AIR2), Air 1999. forth in the direct final rule. If no Division, U.S. Environmental Protection ADDRESSES: Comments may be mailed to adverse comments are received in Agency, Region IX, 75 Hawthorne Makeba A. Morris, Chief, Technical response to that direct final rule, no Street, San Francisco, CA 94105–3901, Assessment Branch, Mailcode 3AP22, further activity is contemplated in (415) 744–1287. Environmental Protection Agency, relation to this proposed rule. If the EPA SUPPLEMENTARY INFORMATION: See the Region III, 1650 Arch Street, receives adverse comments, the direct information provided in the Direct Final Philadelphia, Pennsylvania 19103. final rule will be withdrawn and all rule which in located in the Rules public comments received will be FOR FURTHER INFORMATION CONTACT: Section of this Federal Register. addressed in a subsequent final rule James B. Topsale at (215) 814–2190, or based on this proposed rule. The EPA List of Subjects in 40 CFR Part 52 by e-mail at [email protected]. While questions may be forwarded to will not institute a second comment Environmental protection, Air period on this action. Any parties EPA via e-mail, comments on this pollution control, Carbon Monoxide, proposed rule must be submitted in interested in providing comments on General conformity, Hydrocarbons, this action should do so at this time. writing in accordance with procedures Incorporation by reference, outlined above. DATES: Comments must be received in Intergovernmental relations, Nitrogen SUPPLEMENTARY INFORMATION: See the writing and postmarked by May 24, dioxide, Ozone, Particulate matter, information provided in the direct final 1999. Volatile organic compound. ADDRESSES: rule, of the same title, which is located Written comments must be Authority: 42 U.S.C. 7401–7671q. submitted to: Doris Lo, Planning Office in the rules section of the Federal Dated: January 29, 1999. [AIR2], Air Division, U.S. Register. Environmental Protection Agency, Laura Yoshii, Dated: April 15, 1999. Region IX, 75 Hawthorne Street, San Acting Regional Administrator, Region 9. Thomas C. Voltaggio, Francisco, CA 94105–3901. [FR Doc. 99–9997 Filed 4–22–99; 8:45 am] Acting Regional Administrator, Region III. Copies of the rule revisions and EPA’s BILLING CODE 6560±50±P [FR Doc. 99–10230 Filed 4–22–99; 8:45 am] evaluation report are available for BILLING CODE 6560±50±P public inspection at EPA’s Region 9 office during normal business hours. ENVIRONMENTAL PROTECTION AGENCY Copies of the submitted rule revisions ENVIRONMENTAL PROTECTION are also available for inspection at the 40 CFR Part 62 AGENCY following locations: Arizona Department of Environmental [MD056±3022b; FRL±6330±6] 40 CFR Parts 152, 174, and 180 Quality, 3033 North Central Avenue, Phoenix, Arizona 85012 Approval and Promulgation of State [OPP±300369A; FRL±6077±6] California Air Resources Board, 2020 L Air Quality Plans for Designated Street, P.O. Box 2815, Sacramento, Facilities and Pollutants, Maryland; RIN 2070±AC02 California 95812 Control of Emissions From Large El Dorado County APCD, 2850 Fairlane Municipal Waste Combustors Plant-Pesticides, Supplemental Notice Court, Placerville, California 95667 of Availability of Information Great Basin Unified APCD, 157 Short Street, AGENCY: Environmental Protection Suite #6, Bishop, California 93514 Agency (EPA). AGENCY: Environmental Protection Agency (EPA). Monterey Bay Unified APCD, 24580 Silver ACTION: Proposed rule. Cloud Court, Monterey, California 93940 ACTION: Proposed rule; supplemental San Joaquin Valley Unified APCD, 1999 SUMMARY: EPA proposes to approve the notice. Tuolumne Street, Suite 200, Fresno, municipal waste combustor (MWC) California 93721 111(d)/129 plan submitted by the Air SUMMARY: EPA is soliciting comment on Santa Barbara County APCD, 26 Castillian and Radiation Management a request to substitute an alternative Drive, B–23, Goleta, California 93117 name for the term ‘‘plant-pesticide.’’ South Coast AQMD, 21865 E. Copley Drive, Administration, Maryland Department Diamond Bar, California 91765–4182 of the Environment, on December 4, This document also solicits suggestions Feather River AQMD, 463 Palora Avenue, 1997, and as amended on October 7, for appropriate alternative names. Yuba City, California 95991–4711 1998. In the final rules section of the DATES: Comments and data must be Placer County APCD, 11464 B Avenue, Federal Register, EPA is approving the received on or before May 24, 1999. Auburn, California 95603 plan. A detailed rationale for the ADDRESSES: Comments and data may be Sacramento Metro AQMD, 8411 Jackson approval is set forth in the direct final submitted by mail, electronically, or in Road, Sacramento, California 95826 rule. If no adverse comments are person. Please follow the detailed Bay Area AQMD, 939 Ellis Street, San Francisco, California 94109 received in response to this proposed instructions for each method as Imperial County APCD, 150 South Ninth rule, no further activity is contemplated provided in Units I.C. and D. of this Street, El Centro, California 92243–2850 in relation to this rule. If EPA receives document. To ensure proper receipt by San Diego County APCD, 9150 Chesapeake relevant adverse comments, the direct EPA, your comments and data must Drive, San Diego, California 92123–1096 final rule will be withdrawn and all identify the docket control number

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OPP–300369A in the subject line on the 22202; telephone: (703) 308–8260; e- scale field tests during the process of first page of your response. mail address: [email protected]. developing plant-pesticides, or if you FOR FURTHER INFORMATION CONTACT: By SUPPLEMENTARY INFORMATION: sell or distribute plant-pesticides. mail: Philip Hutton, Biopesticides and I. General Information Potentially affected entities may Pollution Prevention Division (7511C), include, but are not limited to: Office of Pesticide Programs, A. Does This Document Apply To Me? Environmental Protection Agency, 1921 You may be potentially affected by Jefferson Davis Hwy., Arlington, VA this document, if you conduct large

Category Examples of potentially affected entities

Field testing Universities; domestic, foreign, or multinational biotechnology companies; chemical com- panies; or seed companies Selling and distributing Domestic, foreign, or multinational biotechnology companies; chemical companies; or seed companies

This table is not intended to be 4 p.m., Monday through Friday, D. How Should I Handle CBI exhaustive, but rather provides a guide excluding legal holidays. The Public Information That I Want To Submit To for readers regarding the types of Information and Records Integrity the Agency? entities potentially affected by this Branch telephone number is (703) 305– You may claim information that you document. If you have any questions 5805. regarding the applicability of this submit in response to the document as document to a particular entity, consult C. How and To Whom Do I Submit CBI by marking any part or all of that the technical person listed in the ‘‘FOR Comments? information as CBI. Information so FURTHER INFORMATION CONTACT’’ marked will not be disclosed except in at the beginning of this document. You may submit comments and data accordance with procedures set forth in through the mail, in person, or 40 CFR part 2. A copy of the comment B. How Can I Get Additional electronically. To ensure proper receipt and data that does not contain CBI must Information or Copies of This Document by EPA, your comments and data must be submitted for inclusion in the public or Other Documents? identify the docket control number record. Information not marked 1. Electronically. You may obtain OPP–300369A in the subject line on the confidential will be included in the electronic copies of this document and first page of your response. public docket by EPA without prior other documents from the EPA Internet notice. If you have any questions about 1. By mail. Submit written comments CBI or the procedures for claiming CBI, Home Page at http://www.epa.gov/. On and data to: Public Information and the Home Page, select ‘‘Laws and please consult with the technical person Records Integrity Branch, Information Regulations’’ and then look up the entry identified in the ‘‘FOR FURTHER Resources and Services Division for this document under the ‘‘Federal INFORMATION CONTACT’’ section. (7502C), Office of Pesticide Programs, Register— Environmental Documents.’’ II. History You can also go directly to the ‘‘Federal Environmental Protection Agency, 401 Register’’ listings at http:// M St., SW. Washington, DC 20460. Section 2(u) of the Federal www.epa.gov/fedrgstr/. 2. In person or by courier. Deliver Insecticide, Fungicide, and Rodenticide 2. In person or by phone. If you have written comments and data to: Public Act (FIFRA) (7 U.S.C. 136(u)) defines any questions or need additional Information and Records Integrity pesticide as: ‘‘(1) any substance or information about this document, you Branch, Information Resources and mixture of substances intended for may contact the technical person Services Division, Office of Pesticide preventing, destroying, repelling, or identified in the ‘‘FOR FURTHER Programs, Environmental Protection mitigating any pest, (2) any substance or INFORMATION CONTACT’’ section of Agency, Rm. 119, Crystal Mall #2, 1921 mixture of substances intended for use this document. In addition, the official Jefferson Davis Hwy., Arlington, VA. as a plant regulator, defoliant, or record for this document, including the desiccant, and (3) any nitrogen stabilizer public version, has been established 3. Electronically. Submit your . . . .’’ The substances plants produce for under docket control number OPP– comments and data electronically by e- protection against pests are pesticides 300369A, (including comments and data mail to: [email protected]. Do not under the FIFRA definition of pesticide, submitted electronically as described in submit any information electronically if humans intend to use these Unit I.C. of this document). This record that you consider to be CBI. Submit substances for ‘‘preventing, destroying, not only includes the documents that comments and data as an ASCII file, repelling, or mitigating any pest.’’ are physically located in the docket, but avoiding the use of special characters EPA recognizes the unique use also includes all the documents that are and any form of encryption. Comments pattern of these pesticides, which are referenced in those documents. A public and data will also be accepted on produced and used in the living plant. version of this record, including standard disks in WordPerfect 5.1/6.1 or Thus, in a November 23, 1994, Federal printed, paper versions of any electronic ASCII file format. All copies of Register document (59 FR 60496), EPA comments and data, which does not electronic comments and data must be suggested giving these types of include any information claimed as identified by the docket control number pesticides a unique name, ‘‘plant- Confidential Business Information (CBI) OPP–300369A. Electronic comments on pesticides,’’ in order to distinguish them is available for inspection in Rm. 119, this document may be filed online at from chemical, microbial, or Crystal Mall #2, 1921 Jefferson Davis many Federal Depository Libraries. biochemical pesticides. Since 1994, EPA Hwy., Arlington, VA, from 8:30 a.m. to has been using the term, ‘‘plant-

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19960 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules pesticide,’’ to refer to these unique unit, as well as the dockets for these 12866, entitled Regulatory Planning and pesticides. EPA believes a unique name documents. In the November 23, 1994, Review (58 FR 51735, October 4, 1993), for this category of pesticides benefits Federal Register, EPA published a the Paperwork Reduction Act (PRA) (44 the public by providing the means to package of five separate documents (59 U.S.C. 3501 et seq.), or Executive Order readily identify regulations specific to FR 60496, 60519, 60535, 60542, and 13045, entitled Protection of Children this type of pesticide in the Code of 60545) (FRL–4755–2, FRL–4755–3, from Environmental Health Risks and Federal Regulations (CFR). A ‘‘plant- FRL–4758–8, FRL–4755–5, and FRL– Safety Risks (62 FR 19885, April 23, pesticide’’ was described in the 4755–4) which described EPA’s policy 1997). For the same reason, it does not November 23, 1994, Federal Register and proposals for plant-pesticides. On require any action under Title II of the document (59 FR 60496) as ‘‘a pesticidal July 22, 1996, EPA published a Unfunded Mandates Reform Act of 1995 substance that is produced in a living supplemental document in the Federal (UMRA) (Pub.L. 104–4), or Executive plant and the genetic material necessary Register (61 FR 37891) (FRL–5387–4) on Order 12898, entitled Federal Actions to for production of the substance, where one aspect of its November 23, 1994, Address Environmental Justice in the substance is intended for use in the Federal Register documents; i.e., how Minority Populations and Low-Income living plant.’’ the concept of inert ingredient related to Populations (59 FR 7629, February 16, EPA received several letters during plant-pesticides. On May 16, 1997, EPA 1994). In addition, no action is needed the official comment period for the published in the Federal Register three under the Regulatory Flexibility Act November 23, 1994, Federal Register supplemental documents (62 FR 27132, (RFA) (5 U.S.C. 601 et seq.). document (59 FR 60496) that expressed 27142, and 27149) (FRL–5717–2, FRL– B. Executive Order 12875 concern about the name, ‘‘plant- 5716–7, and FRL–5715–6) to provide pesticide.’’ These comments expressed the public an opportunity to comment Under Executive Order 12875, the opinion that the term ‘‘pesticide’’ on EPA’s analysis of how certain entitled Enhancing the has a negative connotation, and amendments to the Federal Food, Drug, Intergovernmental Partnership (58 FR requested that EPA consider another and Cosmetic Act (FFDCA) and FIFRA 58093, October 28, 1993), EPA may not name. by the Food Quality Protection Act issue a regulation that is not required by statute and that creates a mandate upon III. Request for Comment (FQPA) apply to EPA’s proposed exemptions under FFDCA section 408 a State, local, or tribal government, EPA is requesting comment on the for certain categories of residues of unless the Federal government provides advisability of substituting another the funds necessary to pay the direct plant-pesticides and proposed name for the term, ‘‘plant-pesticide.’’ compliance costs incurred by those exemptions under FIFRA for certain EPA also requests suggestions for governments. If the mandate is categories of plant-pesticides. appropriate alternative names, as no unfunded, EPA must provide to OMB a Included in the dockets cited in this alternative names were suggested during description of the extent of EPA’s prior unit are: the official comment period. Alternative 1. Relevant Federal Register consultation with representatives of names may be names in common affected State, local, and tribal documents, such as the June 26, 1986, scientific use, e.g., ‘‘plant defense governments, the nature of their policy statement issued by the Office of compounds,’’ or names created concerns, copies of any written Science and Technology Policy, the specifically to describe this type of communications from the governments, ‘‘Coordinated Framework for Regulation pesticide, e.g., ‘‘caedeflors’’ or and a statement supporting the need to of Biotechnology’’ (51 FR 23302). ‘‘floragens.’’ EPA, specifically, requests 2. All public comments received in issue the regulations. In addition, comment on whether the alternative response to all of the documents cited Executive Order 12875 requires EPA to name, ‘‘plant-expressed protectants,’’ in this unit, including comments develop an effective process permitting would be an acceptable name for this received after the close of the official elected officials and other category of pesticides. EPA is only public comment periods for the representatives of State, local, and tribal seeking comments on the advisability of documents, such as the report from 11 governements ‘‘to provide meaningful substituting another name for the term professional scientific societies entitled and timely input in the development of ‘‘plant-pesticides’’ and on appropriate ‘‘Appropriate Oversight for Plants with regulatory proposals containing alternative names. The Agency is not Inherited Traits for Resistance to Pests.’’ significant unfunded mandates.’’ Today’s supplemental document does reopening the comment period on 3. Reports of the scientific advisory not create an unfunded Federal mandate previously published Federal Register committees on plant-pesticides, such as on State, local, or tribal governments. documents dealing with plant- the January 21, 1994, joint meeting of a This action does not impose any pesticides as described in Unit IV. of Subpanel of the FIFRA Scientific enforceable duties on these entities. this document. Advisory Panel and a Subcommittee of If EPA changes the name describing Accordingly, the requirements of the EPA Biotechnology Science the pesticides currently termed, ‘‘plant- section 1(a) of Executive Order 12875 do Advisory Committee. not apply to this supplemental pesticides,’’ the change will only affect 4. All support documents and reports. the name. It will not affect the status of 5. Published literature cited in the document. the pesticidal substance or the genetic documents. C. Executive Order 13084 material necessary to produce it. These will still be pesticides under FIFRA V. Regulatory Assessment Under Executive Order 13084, section 2(u). Similarly, a change of Requirements entitled Consultation and Coordination with Indian Tribal Governments (63 FR name will not affect any regulatory A. Certains and Executive Orders requirements. 27655, May 19, 1998), EPA may not This supplemental document only issue a regulation that is not required by IV. Sources of Additional Information seeks comment on an alternative name statute, that significantly or uniquely Commenters, who wish to obtain for the term ‘‘plant-pesticide.’’ As such, affects the communities of Indian tribal further information on plant-pesticides this document does not require review governments, and that imposes and on EPA’s approach to them, should by the Office of Management and substantial direct compliance costs on consult the documents listed in this Budget (OMB) under Executive Order those communities, unless the Federal

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Pesticide reregistration and the extent of EPA’s prior consultation Agency practice. The regulatory actions other actions [see FIFRA section 4(g)(2)] with representatives of affected tribal proposed in this document are part of include tolerance and exemption governments, a summary of the nature the Agency’s reregistration program reassessment under FFDCA section 408. of their concerns, and a statement under the Federal Insecticide, Potentially affected categories and supporting the need to issue the Fungicide, and Rodenticide Act entities may include, but are not limited regulation. In addition, Executive Order (FIFRA), and the tolerance reassessment to: 13084 requires EPA to develop an requirements of the Federal Food, Drug, effective process permitting elected and and Cosmetic Act (FFDCA). By law, other representatives of Indian tribal EPA is required to reassess 33% of the governments ‘‘to provide meaningful tolerances in existence on August 2, Category Examples of Potentially Af- and timely input in the development of 1996, by August 1999, or about 3,200 fected Entities regulatory policies on matters that tolerances. The regulatory actions significantly or uniquely affect their Agricultural Growers/Agricultural Work- proposed in this document pertain to Stakeholders. ers communities.’’ the proposed revocation of 29 tolerances Today’s supplemental document does Contractors [Certified/ and/or exemptions, which would be Commercial Applicators, not significantly or uniquely affect the counted among reassessments made Handlers, Advisors, etc.] communities of Indian tribal toward the August, 1999 review Commercial Processors governments. This action does not deadline of FFDCA section 408(q), as Pesticide Manufacturers involve or impose any requirements that amended by the Food Quality Protection User Groups affect Indian tribes. Accordingly, the Act (FQPA) of 1996. Food Consumers requirements of section 3(b) of Food Distributors Wholesale Contractors Executive Order 13084 do not apply to DATES: Comments must be received on Retail Vendors this supplemental document. or before June 22, 1999. Commercial Traders/Im- porters ADDRESSES: Comments may be List of Subjects in Parts 152, 174, and Intergovern- State, Local, and/or Tribal 180 submitted by mail, electronically, or in mental Stake- Government Agencies person. Please follow the detailed holders. Environmental protection, instructions for each method as Foreign Entities Governments, Growers, Agricultural commodities, Pesticides provided in Unit IV of the Trade Groups and pests, Plants. SUPPLEMENTARY INFORMATION Dated: April 16, 1999. section of this notice. Be sure to identify This table is not intended to be the appropriate docket number [OPP– exhaustive, but rather provides a guide Susan Wayland, 300847]. for readers regarding entities likely to be affected by this action. Other types of Acting Assistant Administrator for FOR FURTHER INFORMATION CONTACT: For Prevention, Pesticides and Toxic Substances. technical information contact: Joseph entities not listed in this table could also be affected. If you have any [FR Doc. 99–10237 Filed 4–22–99; 8:45 am] Nevola, Special Review Branch, (7508C), Special Review and questions regarding the applicability of BILLING CODE 6560±50±F Reregistration Division, Office of this action to a particular entity, you can Pesticide Programs, U.S. Environmental consult with the technical person listed Protection Agency, 401 M St., SW., in the ‘‘FOR FURTHER INFORMATION ENVIRONMENTAL PROTECTION CONTACT’’ section. AGENCY Washington, DC 20460. Office location: Special Review Branch, Crystal Mall #2, III. How Can I Get Additional 40 CFR Parts 180, 185, and 186 6th floor, 1921 Jefferson Davis Hwy., Information or Copies of this or Other [OPP±300847; FRL±6076±4] Arlington, VA. Telephone: (703) 308– Support Documents? 8037; e-mail: [email protected]. RIN 2070±AC18 A. Electronically SUPPLEMENTARY INFORMATION: You may obtain electronic copies of Bentazon, Cyanazine, Dicrotophos, I. What Is the Progress of Tolerance this document and various support Diquat, Ethephon, Oryzalin, Oxadiazon, Reassessment? documents from the EPA Internet Home Picloram, Prometryn, and Trifluralin; Page at http://www.epa.gov/. On the Proposed Revocations and Changes in By law, EPA is required to reassess Home Page select ‘‘Laws and Terminology 33% of the tolerances in existence on Regulations’’ and then look up the entry August 2, 1996, by August 1999, or AGENCY: Environmental Protection for this document under ‘‘Federal about 3,200 tolerances. The regulatory Agency (EPA). Register - Environmental Documents.’’ actions proposed in this document ACTION: Proposed Rule. You can also go directly to the ‘‘Federal pertain to the proposed revocation of 29 Register’’ listings at http:// SUMMARY: This document proposes to tolerances and/or exemptions, which www.epa.gov/homepage/fedrgstr/. revoke specific tolerances for residues of would be counted among reassessments the herbicides bentazon, cyanazine, made toward the August, 1999 review B. In Person or by Phone diquat, oxadiazon, picloram, prometryn, deadline of FFDCA section 408(q), as If you have any questions or need and trifluralin; the plant growth amended by the Food Quality Protection additional information about this action, regulator ethephon; and the insecticide Act (FQPA) of 1996. please contact the technical person

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A for which FIFRA registrations no longer accordance with procedures set forth in exist. EPA has historically expressed a public version of this record, including 40 CFR part 2. A copy of the comment concern that retention of tolerances that printed, paper versions of any electronic that does not contain CBI must be are not necessary to cover residues in or comments, which does not include any submitted for inclusion in the public on legally treated foods has the potential information claimed as Confidential record. Information not marked to encourage misuse of pesticides Business Information (CBI), is available confidential will be included in the within the United States. However, in for inspection in Room 119, Crystal Mall public docket by EPA without prior accordance with FFDCA section 408, #2, 1921 Jefferson Davis Hwy., notice. If you have any questions about EPA will not revoke any tolerance or Arlington VA, from 8:30 a.m. to 4 p.m., CBI or the procedures for claiming CBI, exemption proposed for revocation if Monday through Friday, excluding legal please consult with the technical person any person demonstrates a need for the holidays. The Public Information and identified in the ‘‘FOR FURTHER retention of the tolerance, and if Records Integrity Branch telephone INFORMATION CONTACT’’ section. retention of the tolerance will meet the number is 703–305–5805. V. What Is a ‘‘Tolerance’’? tolerance standard established under FQPA. Generally, interested parties IV. How Can I Respond to this Notice? A ‘‘tolerance’’ represents the support the retention of such tolerances maximum level for residues of pesticide in order to permit treated commodities A. How and to Whom Do I Submit chemicals legally allowed in or on raw Comments? to be legally imported into the United agricultural commodities and processed States, since raw agricultural You may submit comments through foods. Section 408 of FFDCA, 21 U.S.C. commodities or processed food or feed the mail, in person, or electronically. Be 301 et seq., as amended by the FQPA of commodities containing pesticide 1996, Pub. L. 104–170, authorizes the sure to identify the appropriate docket residues not covered by a tolerance or establishment of tolerances (maximum number (i.e., ‘‘[OPP–300847]’’) in your exemption are considered to be residue levels), exemptions from the correspondence. adulterated. requirement of a tolerance, Tolerances and exemptions 1. By mail. Submit written comments, modifications in tolerances, and established for pesticide chemicals with identified by the docket control number revocation of tolerances for residues of FIFRA registrations cover residues in or [OPP–300847], to: Public Information pesticide chemicals in or on raw on both domestic and imported and Records Integrity Branch, agricultural commodities and processed commodities. To retain these tolerances Information Resources and Services foods. 21 U.S.C. 346(a). Without a and exemptions, EPA must make a Division (7502C), Office of Pesticide tolerance or exemption, food containing finding that the tolerances and Programs, U.S. Environmental pesticide residues is considered to be exemptions are safe. To make this safety Protection Agency, 401 M St., SW., unsafe and therefore ‘‘adulterated’’ finding, EPA needs data and Washington, DC 20460. under section 402(a) of the FFDCA. If information indicating that there is a food containing pesticide residues is 2. In person or by courier. Deliver reasonable certainty that no harm will considered to be ‘‘adulterated,’’ you may written comments, identified by the result from aggregate exposure to the not distribute the product in interstate docket control number [OPP–300847], pesticide residues covered by the commerce (21 U.S.C. 331(a) and 342(a)). tolerances and exemptions. to: Public Information and Records For a food-use pesticide to be sold and For tolerances without U.S. Integrity Branch, Office of Pesticide distributed, the pesticide must not only registrations, EPA requires the same Programs, U.S. Environmental have appropriate tolerances under the toxicology and residue chemistry data Protection Agency, Rm. 119, Crystal FFDCA, but also must be registered needed to support U.S. food-use Mall #2, 1921 Jefferson Davis Hwy., under section 3, section 5, or section 18 registrations. For import tolerances, EPA Arlington, VA. of FIFRA (7 U.S.C. et seq.). Food-use applies these data requirements on a 3. Electronically. Submit your pesticides not registered in the United case-by-case basis to account for specific comments and/or data electronically by States have tolerances for residues of growing conditions in foreign countries. E-mail to: [email protected]. Do not pesticides in or on commodities (See 40 CFR part 158 for EPA’s data submit any information electronically imported into the United States. requirements to support domestic use of that you consider to be CBI. Submit Monitoring and enforcement of a pesticide and the establishment and electronic comments in ASCII file pesticide tolerances and exemptions are maintenance of a tolerance. EPA is developing a guidance concerning format avoiding the use of special carried out by the U.S. Food and Drug submissions for import tolerance characters and any form of encryption. Administration (FDA) and the U.S. Department of Agriculture (USDA). This support. This guidance will be made Comment and data will also be accepted includes monitoring for pesticide available to interested persons.) In most on standard computer disks in residues in or on commodities imported cases, EPA also requires residue WordPerfect 5.1/6.1 or ASCII file into the United States. chemistry data (crop field trials) that are format. All comments and data in representative of growing conditions in electronic form must be identified by VI. Why Is EPA Proposing the exporting countries in the same manner the appropriate docket control number Tolerance Actions Discussed below? that EPA requires representative residue [OPP–300847]. You may also file EPA is proposing a number of chemistry data from different U.S. electronic comments and data online at tolerance commodity terminology regions to support domestic use of a many Federal Depository Libraries. changes to conform to current Agency pesticide and any resulting tolerance(s)

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Good Laboratory plantations, commercial/industrial and comments on the proposal demonstrates Practice (GLP) requirements for studies recreation area lawns, golf course turf, a need for the tolerance to cover submitted in support of tolerances and residential lawns and turf, ornamental residues in or on imported commodities exemptions for import purposes only and/or shade trees, nonagricultural or domestic commodities legally treated. are the same as those for domestic rights-of-way/fencerows, Changes in the commodity purposes; i.e., the studies are required to nonagricultural uncultivated and terminology and definitions are either fully meet GLP standards, or have industrial areas, power stations, paths/ proposed for the aforementioned active sufficient justification presented to patios and paved areas. Oryzalin is also ingredients and oryzalin, which does show that deviations from GLP used to control herbaceous plants, not have tolerance revocations proposed standards do not significantly affect the woody shrubs, and vines. It is in this document, to conform to current results of the studies. manufactured by DowElanco. Agency practice. These proposed Oxadiazon (trade name Ronstar) is a changes are in accordance with the VII. Which Pesticides Are Covered by herbicide used to control annual revised Crop Group Regulation (40 CFR this Action? broadleaf weeds, barnyardgrass, 180.41) and the updated Table I ‘‘Raw Bentazon (trade name Basagran) is a carpetgrass, carpetweed, crabgrass, Agricultural and Processed selective, contact, early postemergent goosegrass, and quackgrass. It is Commodities and Feedstuffs Derived herbicide registered for use on such manufactured by Rhone-Poulenc Ag from Crops’’ (August, 1996) in the food and feed crops as alfalfa, beans, Company. Residue Chemistry Test Guidelines: corn, peanuts, peas, pepper, Picloram is a systemic herbicide used OPPTS 860.1000 (EPA 721–C–96–169). peppermint, rice, sorghum, soybeans, to control deeply rooted herbaceous Table I contains data on both crops and and spearmint. Bentazon is also weeds and woody plants in rights-of- livestock diets, and lists feed registered for use on ornamental lawns ways, forestry, rangelands, pastures, and commodities considered significant in and turf. It is manufactured by BASF small grains. It is manufactured by livestock diets. Significant feedstuffs Corporation. DowElanco. account for more than 99 percent of the 2-[[4-chloro-6-(ethylamino)-s-triazin- Prometryn (trade names Caparol, available annual tonnage (on-a dry- 2-yl]amino]-2-methylpropionitrile Prometryne, etc.) is a herbicide used to matter basis) of feedstuffs used in the (Cyanazine; trade names Bladex, Cy-Pro, control annual broadleaf weeds, domestic production of more than 95 etc.) is a selective herbicide used to barnyardgrass, carpetweed, chickweed, percent of beef and dairy cattle, poultry, control annual broadleaf weeds, cottonweed, crabgrass, foxtail, swine, milk, and eggs. EPA has devised carpetweed, chickweed, corn spurry, goosegrass, nutsedge, pigweed, and criteria to include or exclude feedstuffs mayweed, pigweed, and ragweed. It is ragweed. It is manufactured by Novartis from Table I and sets tolerances for manufactured by E.I. DuPont de Crop Protection, Inc. and Verolit significant feedstuffs. Tolerances are not Nemours and Company, Incorporated Chemical Manufacturers Limited. set for feedstuffs which are neither and Griffin Corporation. Trifluralin (trade names Treflan, significant nor a human food. Pesticide Dimethyl phosphate of 3-hydroxy- Triflurex, etc.) is a preemergent residues on such feedstuffs are governed N,N-dimethyl-cis-crotonamide herbicide used to control annual grasses by tolerances on the commodity from (Dicrotophos; trade name Bidrin) is an and broadleaf weeds on a variety of food which they are derived (62 FR 66020, insecticide used to control aphids, boll crops and is also currently registered for December 17, 1997). These changes are weevils, grasshoppers, gypsy moths, nonfood uses, including residential use technical in nature and have no effect leafhoppers, and thrips. It is sites. It is manufactured by DowElanco, on the scope of the tolerance. manufactured by Amvac Chemical Makhteshim-Agan, Industria Prodotti 1. Bentazon. EPA proposes to revoke Corporation. Chimici S.P.A. (I.Pi.Ci.), Tri the tolerance for beans, lima (succulent) Diquat (trade name Diquat Herbicide) Corporation, and Albaugh Inc. in 40 CFR 180.355(a) because residues is a non-selective contact herbicide, in/on lima beans are covered under the VIII. What Action Is Being Taken? desiccant, and plant growth regulator tolerance for (bean, succulent). EPA for use as a general herbicide of This notice proposes revocation of proposes to revoke tolerances for mint, broadleaf and grassy weeds in terrestrial FFDCA tolerances for residues of the spent hay and peanuts, forage because non-crop and aquatic areas; as a herbicides bentazon, 2-[[4-chloro-6- they are no longer considered to be desiccant in seed crops and potatoes; (ethylamino)-s-triazin-2-yl]amino]-2- significant livestock feed commodities. and for tassel control and spot weed methylpropionitrile (cyanazine), diquat, According to Table I, mint, spent hay control in sugarcane. Diquat is also used oxadiazon, picloram, prometryn, and and peanuts, forage are insignificant for aquatic, indoor, greenhouse, and trifluralin; the plant growth regulator contributors to the livestock diet. terrestrial food crops; aquatic non-food ethephon, and the insecticide dimethyl Terminology changes for beans (except industrial, outdoor, greenhouse, and phosphate of 3-hydroxy-N,N-dimethyl- soybeans), dried to bean, dry, seed; residential; terrestrial feed crops, and cis-crotonamide (dicrotophos) in or on beans (exc. soybeans), dried, vine hays outdoor residential uses. It is commodities listed in the regulatory text to cowpea, hay; beans (exc. soybeans), manufactured by Zeneca Ag Products. because these pesticides are not forage to cowpea, forage; beans, Ethephon (trade name Ethrel) is a registered under FIFRA for uses on the succulent to bean, succulent; Bohemian plant growth regulator registered for use commodities. The registrations for these chili peppers to pepper, nonbell; cattle, on a number of terrestrial food, feed, pesticide chemicals were canceled mbyp to cattle, meat byproducts; corn, and nonfood crops, greenhouse nonfood because the registrant failed to pay the fodder to corn, field, stover; corn, forage crops, and outdoor residential plants. It required maintenance fee and/or the to corn, field, forage; corn, grain to corn, is manufactured by Rhone-Poulenc Ag registrant voluntarily canceled one or field, grain; and corn, pop, grain; corn, Company and Cedar Chemical more registered uses of the pesticide. It fresh (inc. sweet K+CWHR) to corn, Corporation. is EPA’s general practice to propose sweet, kernel plus cob with husks Oryzalin (trade name Surflan) is a revocation of those tolerances for removed; eggs to egg; peanuts to peanut; herbicide used to control annual grasses residues of pesticide chemicals for peanuts, hay to peanut, hay; peas (dried) and broadleaf weeds on berries, vine which there are no active registrations to pea, dry, seed; peas (dried), vine hays and orchard crops, Christmas tree under FIFRA, unless any person in to pea, field, hay; peas, forage to pea,

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 19964 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules field, vines; peas, succulent to pea, expiration/revocation date of April 1, commodities. Terminology changes in succulent; poultry, mbyp to poultry, 2003, to allow any treated commodities 40 CFR 180.300(a) for figs to fig; goats, meat byproducts; and rice to rice, grain to pass through the channels of trade. fat to goat, fat; horses, meat to horse, are proposed in the regulatory text. Terminology changes in 40 CFR meat; macadamia nuts to nut, 2. 2-[[4-chloro-6-(ethylamino)-s- 180.300(a) for corn, fodder to corn, field, macadamia; pineapples to pineapple; triazin-2-yl]amino]-2- stover; corn, forage to corn, field, forage; pumpkins to pumpkin; and tomatoes to methylpropionitrile; Cyanazine. EPA corn, fresh (including sweet K+CWHR) tomato are given in the regulatory text. initiated a Special Review of cyanazine to corn, sweet, kernel plus cob with Also, terminology changes in 40 CFR in November, 1994, based on concerns husks removed; corn, grain to corn, 185.2700 for barley, milling fractions, that cyanazine may pose a risk of field, grain; and corn, pop, grain; except flour to barley, pearled barley inducing cancer in humans from cottonseed to cotton, undelinted seed; and barley, bran; and wheat, milling dietary, occupational, and residential sorghum, fodder to sorghum, grain, fractions, except flour to wheat, bran; exposure. On August 2, 1995, E. I. stover; sorghum, forage to sorghum, wheat, middlings; and wheat, shorts; DuPont de Nemours Co., Inc. (DuPont) forage, forage; sorghum, grain to and in § 186.2700(a) for wheat, milling voluntarily proposed to amend its sorghum, grain, grain; and wheat, forage fractions, except flour to wheat, milled cyanazine registrations to incrementally (green) to wheat, forage are proposed in byproducts are proposed in the reduce cyanazine maximum application the regulatory text. regulatory text. rates in 1997, 1998, and 1999, and to 3. Dimethyl phosphate of 3-hydroxy- 6. Oryzalin. The terminology revision terminate production for use in the N,N-dimethyl-cis-crotonamide; in 40 CFR 180.304(a) for figs to fig; United States by December 31, 1999. Dicrotophos. EPA proposes to revoke kiwifruits to kiwifruit; nuts to nut, tree, DuPont would modify the labels of the tolerance for pecans in 40 CFR group; and olives to olive are proposed cyanazine formulated end use products 180.299. No active registration exists. in the regulatory text. released for shipment by the registrant 4. Diquat. EPA proposes to revoke the 7. Oxadiazon. The tolerance for rice after July 25, 1996. Those modified tolerance for sugarcane in 40 CFR straw in 40 CFR 180.346 is being labels would specify the maximum 180.226(a) because no registered use proposed for revocation because no application rates during the phase-out, exists. Also, since the Agency no longer registered use exists. inform the public of the existing stocks requires tolerances for residues in 8. Picloram. The tolerances for flax, provisions, and require the use of potable water (47 FR 25746, December seed and flax, straw in 40 CFR 180.292 application equipment with enclosed 15, 1982), the tolerance for diquat has are being proposed for revocation cabs for applicators beginning in 1998. been replaced with a designated because no registered uses exist. On November 8, 1995 (60 FR 56333) maximum contaminant level (MCLG) at Terminology changes for cattle, mbyp (FRL–4984–1), EPA announced receipt 0.02 mg/L for residues of diquat (exc. kidney and liver) to cattle, meat of a request from Ciba Geigy dibromide in potable water (57 FR byproducts except kidney and liver; Corporation to voluntarily cancel its 31776, July 17, 1992). Therefore, EPA eggs to egg; goats, fat to goat, fat; goats, only product containing cyanazine proposes to revoke the tolerance for mbyp (exc. kidney and liver) to goat, effective February 6, 1996. After EPA diquat in potable water in 40 CFR meat byproducts except kidney and initiated Special Review, Griffin 185.2500(a) and the tolerance for diquat liver; goats, meat to goat, meat; grasses, Corporation had filed an application to in potable water in § 185.2500(b). In forage to grass, forage; hogs, mbyp (exc. register certain cyanazine end use § 180.226(a), the table commodity kidney and liver) to hog, meat products and subsequently agreed to the terminology is changed for potatoes to byproducts except kidney and liver; terms and conditions of registration that potato; and in § 180.226(b), the table horses, mbyp (exc. kidney and liver) to were proposed by DuPont. EPA granted commodity terminology is changed for horse, meat byproducts except kidney Griffin’s applications and issued avocados to avocado; cottonseed to and liver; oats, green forage to oat, conditional registrations subject to those cotton, undelinted seed; cucurbits to forage; sheep, mbyp (exc. kidney and same terms and conditions. On March 1, vegetable, cucurbit, group; fruits, citrus liver) to sheep, meat byproducts except 1996 (61 FR 8186) (FRL–5352–6), EPA to fruit, citrus, group; fruits, pome to kidney and liver; and wheat, green issued a notice of preliminary fruit, pome, group; fruits, stone to fruit, forage to wheat, forage are proposed in determination to terminate Special stone, group; grasses, forage to grass, the regulatory text. Review and a notice of receipt of forage; hops to hop, dried cones; 9. Prometryn. EPA is proposing to requests for voluntary cancellation of legumes, forage to vegetable, foliage of revise the terminology for cotton in 40 cyanazine registrations from DuPont legume, group; nuts to nut, tree, group; CFR 180.222(a) to cotton, forage and to and from Griffin Corporation. sugarcane to sugarcane, cane; revoke the tolerance because cotton, In the Federal Register of July 25, vegetables, fruiting to vegetable, forage is no longer considered a 1996 (61 FR 39023)(FRL–5385–7) , EPA fruiting, group; and vegetables, root crop significant livestock feed commodity announced a final determination to to vegetable, root and tuber, group. In according to Table I. terminate the cyanazine Special Review. § 185.2500, the terminology is changed 10. Trifluralin. In 40 CFR 180.207 In the same notice, EPA accepted for processed potatoes (includes potato EPA proposes to remove the ‘‘(N)’’ requests for the voluntary cancellation chips) to potato, granules/flakes and designation from all entries to conform of cyanazine registrations effective potato, chips. These terminology to current Agency administrative December 31, 1999 and ordered the changes are proposed in the regulatory practice (‘‘N’’ designation means cancellations to take effect on January 1, text. negligible residues). EPA proposes to 2000, authorized sale and distribution of 5. Ethephon. EPA proposes to revoke revoke the tolerance for barley, fodder such products in the channels of trade the tolerances for filberts, lemons, because barley, fodder is no longer in accordance with their labels through tangerines, and tangerine hybrids in 40 considered a raw agricultural September 30, 2002, and prohibited the CFR 180.300(a) because no registered commodity. Terminology changes for use of cyanazine products after uses exist. EPA proposes to revoke the carrots to carrot, roots; citrus fruits to December 31, 2002. Therefore, EPA tolerances for pineapple fodder, and fruit, citrus, group; corn, grain (exc. proposes to revoke the tolerances for pineapple forage, because they are no popcorn) to corn, field, grain; corn, cyanazine in 40 CFR 180.307 with an longer considered raw agricultural grain (exc. popcorn), forage to corn,

VerDate 23-MAR-99 11:23 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.XXX pfrm07 PsN: 23APP1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 19965 field, forage; corn, grain (exc. popcorn), food under a tolerance or exemption environmental health and safety risks to fodder to corn, field, stover; cottonseed from tolerance. Evidence to show that children are considered by the Agency to cotton, undelinted seed; cucurbits to food was lawfully treated may include when determining appropriate vegetable, cucurbit, group; grain, crops records that verify the dates that the tolerances. Under FQPA, EPA is (except fresh corn and rice grain) to pesticide was applied to such food. required to apply an additional 10–fold grain, crops, except corn, sweet and rice safety factor to risk assessments in order X. What Can I Do If I Wish the Agency grain; mung bean sprouts to bean, mung, to ensure the protection of infants and to Maintain a Tolerance That the sprouts; nuts to nut, tree, group; peanuts children unless reliable data supports a Agency Proposes to Revoke? to peanut; peppermint, hay to different safety factor. peppermint, tops; rape, seed to In addition to submitting comments B. Does this Proposed Action Contain rapeseed, seed; spearmint, hay to in response to this notice, you may also Any Reporting or Recordkeeping spearmint, tops; stone fruits to fruit, submit an objection after EPA issues a stone, group; sugarcane to sugarcane, final rule. If you fail to file an objection Requirements? cane; sunflower seed to sunflower, seed; to the final rule within the time period No. This proposed action does not upland cress to cress, upland; and specified, you will have waived the impose any information collection vegetables, fruiting to vegetable, right to raise any issues resolved in the requirements subject to OMB review or fruiting, group are proposed in the final rule. After the specified time, the approval pursuant to the Paperwork regulatory text. issues resolved in the final rule cannot Reduction Act (44 U.S.C. 3501 et seq.). be raised again in any subsequent IX. When Do These Actions Become C. Does this Proposed Action Involve Effective? proceedings. Any ‘‘Unfunded Mandates’’? This proposed rule provides a With the exception of cyanazine, for comment period of 60 days for any No. This proposed action does not which EPA proposes an expiration/ interested person to demonstrate a need impose any enforceable duty, or contain revocation date of April 1, 2003, EPA for retaining a tolerance, if retention of any ‘‘unfunded mandates’’ as described proposes that these actions become the tolerance will meet the tolerance in Title II of the Unfunded Mandates effective 90 days following publication standard established under FQPA. If Reform Act of 1995 (Pub. L. 104–4). of a final rule in the Federal Register. EPA receives within that 60–day period D. Do Executive Orders 12875 and EPA has proposed delaying the a comment to that effect, EPA will not 13084 Require EPA to Consult with effectiveness of these revocations for 90 proceed to revoke the tolerance States and Indian Tribal Governments days following publication of a final immediately. However, EPA will take Prior to Taking the Action Proposed in rule to ensure that all affected parties steps to ensure the submission of any this Document? receive notice of EPA’s action. For this needed supporting data and will issue No. Under Executive Order 12875, particular proposed rule, with the an order in the Federal Register under entitled Enhancing Intergovernmental exception of cyanazine, the actions will FFDCA section 408(f) if needed. The Partnerships (58 FR 58093, October 28, affect uses which have been canceled order would specify the data needed, 1993), EPA may not issue a regulation for more than a year. This should ensure the time frames for its submission, and that is not required by statute and that that commodities have cleared the would require that within 90 days some creates a mandate upon a State, local or channels of trade. Therefore, EPA person or persons notify EPA that they tribal government, unless the Federal believes revocation after a 90–day will submit the data. If the data are not government provides the funds period following publication of a final submitted as required in the order, EPA necessary to pay the direct compliance rule should be reasonable. However, if will take appropriate action under costs incurred by those governments. If EPA is presented with information that FIFRA or FFDCA. there are existing stocks still available the mandate is unfunded, EPA must for use, and that information is XI. How Do the Regulatory Assessment provide to the OMB a description of the verifiable, then EPA will consider Requirements Apply to this Proposed extent of EPA’s prior consultation with extending the expiration date of the Action? representatives of affected State, local tolerance. If you have comments and tribal governments, the nature of A. Is this a ‘‘Significant Regulatory regarding existing stocks, please submit their concerns, copies of any written Action’’? comments as described in Unit IV of the communications from the governments, SUPPLEMENTARY INFORMATION No. Under Executive Order 12866, and a statement supporting the need to section of this notice. entitled Regulatory Planning and issue the regulation. In addition, Any commodities listed in the Review (58 FR 51735, October 4, 1993), Executive Order 12875 requires EPA to regulatory text of this notice that are this proposed action is not a ‘‘significant develop an effective process permitting treated with the pesticides subject to regulatory action’’. The Office of elected officials and other this notice, and that are in the channels Management and Budget (OMB) has representatives of State, local and tribal of trade following the tolerance determined that tolerance actions, in governments ‘‘to provide meaningful revocations, shall be subject to FFDCA general, are not ‘‘significant’’ unless the and timely input in the development of section 408(1)(5), as established by action involves the revocation of a regulatory proposals containing FQPA. Under this section, any residue tolerance that may result in a substantial significant unfunded mandates.’’ of these pesticides in or on such food adverse and material affect on the Today’s proposed rule does not create shall not render the food adulterated so economy. In addition, this proposed an unfunded Federal mandate on State, long as it is shown to the satisfaction of action is not subject to Executive Order local or tribal governments. The FDA that, (1) the residue is present as 13045, entitled Protection of Children proposed rule does not impose any the result of an application or use of the from Environmental Health Risks and enforceable duties on these entities. pesticide at a time and in a manner that Safety Risks (62 FR 19885, April 23, Accordingly, the requirements of was lawful under FIFRA, and (2) the 1997), because this proposed action is section 1(a) of Executive Order 12875 do residue does not exceed the level that not an economically significant not apply to this proposed rule. was authorized at the time of the regulatory action as defined by Under Executive Order 13084, application or use to be present on the Executive Order 12866. Nonetheless, entitled Consultation and Coordination

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Does this Proposed Action Involve 40 CFR Part 185 statute, that significantly or uniquely Technical Standards? affects the communities of Indian tribal Environmental protection, Food governments, and that imposes No. This tolerance proposed action additives, Pesticides and pests. substantial direct compliance costs on does not involve any technical 40 CFR Part 186 those communities, unless the Federal standards that would require Agency government provides the funds consideration of voluntary consensus Environmental protection, Animal necessary to pay the direct compliance standards pursuant to section 12(d) of feeds, Pesticides and pests. costs incurred by the tribal the National Technology Transfer and Dated: April 12, 1999. Advancement Act of 1995 (NTTAA), governments. If the mandate is Lois Rossi, unfunded, EPA must provide OMB, in Pub. L. 104–113, Section 12(d) (15 a separately identified section of the U.S.C. 272 note). Section 12(d) directs Director, Special Review and Reregistration preamble to the rule, a description of EPA to use voluntary consensus Division, Office of Pesticide Programs. the extent of EPA’s prior consultation standards in its regulatory activities Therefore, it is proposed that 40 CFR with representatives of affected tribal unless to do so would be inconsistent parts 180, 185, and 186 be amended as governments, a summary of the nature with applicable law or otherwise follows: of their concerns, and a statement impractical. Voluntary consensus supporting the need to issue the standards are technical standards (e.g., PART 180Ð[AMENDED] regulation. In addition, Executive Order materials specifications, test methods, 1. In part 180: 13084 requires EPA to develop an sampling procedures, business a. The authority citation for part 180 effective process permitting elected and practices, etc.) that are developed or continues to read as follows: other representatives of Indian tribal adopted by voluntary consensus Authority: 21 U.S.C. 321(q), 346a and 371. governments ‘‘to provide meaningful standards bodies. The NTTAA requires and timely input in the development of EPA to provide Congress, through OMB, § 180.207 [Amended] explanations when the Agency decides regulatory policies on matters that b. Section § 180.207 is amended as not to use available and applicable significantly or uniquely affect their follows: communities.’’ voluntary consensus standards. EPA 1. In the table to paragraph (a) remove Today’s proposed rule does not invites public comment on this the ‘‘(N)’’ designation from all entries significantly or uniquely affect the conclusion. and remove the entry for ‘‘barley, communities of Indian tribal H. Are There Any International Trade fodder’’. Also, remove the terms listed governments. This proposed action does Issues Raised by this Proposed Action? in the first column below and add in not involve or impose any requirements their place in alphabetical order the The proposed revocations in this that affect Indian Tribes. Accordingly, terms listed in the second column: the requirements of section 3(b) of document will not become final if Executive Order 13084 do not apply to comments are received which Remove Add this proposed rule. demonstrate the need to maintain the tolerance to cover residues in or on Carrots ...... Carrot, roots E. Does this Proposed Action Involve imported commodities. However, data Citrus fruits ...... Fruit, citrus, group Any Environmental Justice Issues? must be submitted to support the Corn, grain (exc. pop- Corn, field, grain corn). No. This proposed rule does not continued tolerance. The U.S. EPA is developing a guidance concerning Corn, grain (exc. pop- Corn, field, stover involve special considerations of corn), fodder. environmental-justice related issues submissions for import tolerance Corn, grain (exc. pop- Corn, field, forage pursuant to Executive Order 12898, support. This guidance will be made corn) forage. entitled Federal Actions to Address available to interested persons. Cottonseed ...... Cotton, undelinted Environmental Justice in Minority I. Is this Proposed Action Subject to seed Cucurbits ...... Vegetable, cucurbit, Populations and Low-Income Review under the Congressional Review Populations (59 FR 7629, February 16, group Act? Grain, crops (except Grain, crops, except 1994). No. This proposed action is not a final fresh corn and rice corn, sweet and F. Does this Proposed Action Have a rule. Under 5 U.S.C. 801(a)(1)(A) of the grain). rice grain Potentially Significant Impact on a Administrative Procedure Act (APA) as Mung bean sprouts ... Bean, mung, sprouts Substantial Number of Small Entities? Nuts ...... Nut, tree, group amended by the Small Business Peanuts ...... Peanut No. The Agency has certified that Regulatory Enforcement Fairness Act of Peppermint, hay ...... Peppermint, tops tolerance actions, including the 1996 (Title II of Pub. L. 104–121, 110 Rape, seed ...... Rapeseed, seed tolerance proposed actions in this Stat. 847), only final rules must be Spearmint, hay ...... Spearmint, tops document, are not likely to result in a submitted to the U.S. Senate, the U.S. Stone fruits ...... Fruit, stone, group Sugarcane ...... Sugarcane, cane significant adverse economic impact on House of Representatives, and the Comptroller General of the United Sunflower seed ...... Sunflower, seed a substantial number of small entities. Upland cress ...... Cress, upland The factual basis for the Agency’s States prior to publication in the Federal Register. Vegetables, fruiting ... Vegetable, fruiting, determination, along with its generic group certification under section 605(b) of the List of Subjects Regulatory Flexibility Act (RFA) (5 § 180.222 [Amended] U.S.C. 601 et seq.), appears at 63 FR 40 CFR Part 180 55565, October 16, 1998 (FRL–6035–7). Environmental protection, c. In § 180.222, in paragraph (a), the This generic certification has been Administrative practice and procedure, table is amended by removing the entry provided to the Chief Counsel for Agricultural commodities, Pesticides for ‘‘cotton.’’

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180.226 [Amended] 180.300 [Amended] Expiration/ Commodity Parts per revocation d. Section 180.226 is amended as g. In § 180.300(a) remove from the million date follows: table the entries for filberts; lemons; 1. In paragraph (a), the table is pineapple fodder; pineapple forage; Cotton, amended by removing the entry for tangerines, and tangerine hybrids and undelinted ‘‘sugarcane’’ and revising the term remove the terms listed in the first seed ...... 0.05 4/1/03 Sorghum, for- ‘‘potatoes’’ to read ‘‘potato’’. column of the table below and add the age, forage .... 0.05 4/1/03 2. In the table to paragraph (b) remove term listed in the second column in Sorghum, grain, the terms listed in the first column place thereof in alphabetical order. grain ...... 0.05 4/1/03 below and add in their place in Sorghum, grain, alphabetical order the terms listed in the Remove Add stover ...... 0.05 4/1/03 second column below: Wheat, forage ... 0.1 4/1/03 Figs ...... Fig Wheat, grain ..... 0.1 4/1/03 Remove Add Goats, fat ...... Goat, fat Wheat, straw ..... 0.1 4/1/03 Horses, meat ...... Horse, meat Avocados ...... Avocado Macadamia nuts ...... Nut, macadamia Cottonseed ...... Cotton, undelinted Pineapples ...... Pineapple § 180.346 [Amended] seed Pumpkins ...... Pumpkin Tomatoes ...... Tomato j. In § 180.346(a) by removing the Cucurbits ...... Vegetable, cucurbit, entry for ‘‘rice straw.’’ group h. Section 180.304 is amended as Fruits, citrus ...... Fruit, citrus, group § 180.355 [Amended] Fruits, pome ...... Fruit, pome, group follows: Fruits, stone ...... fruit, stone, group 1. By revising paragraph (a) k. Section 180.355 is amended as Grasses, forage ...... Grass, forage introductory text to read as follows: follows: Hops ...... Hop, dried cones 1. In the table to paragraph (a), § 180.304 Oryzalin; tolerances for Legumes, forage ...... Vegetable, foliage of remove the entries for ‘‘beans, lima legume, group residues. (succulent)’’; ‘‘mint, spent hay’’ and Nuts ...... Nut, tree, group (a) Tolerances are established for Sugarcane ...... Sugarcane, cane ‘‘peanuts, forage’’; and remove the terms residues of the herbicide oryzalin (3,5- listed in the first column below and add Vegetables, fruiting ... Vegetable, fruiting, dinitro-N4,N4-dipropylsulfanilamide) in group in place thereof in alphabetical order or on the following raw agricultural Vegetables, root crop Vegetable, root and the terms listed in the second column. tuber, group. commodities: * * * * * Remove Add

§ 180.292 [Amended] § 180.304 [Amended] Beans (except soy- Bean, dry, seed beans), dried. e. In § 180.292, in the table to 2. In the table to § 180.304(a) remove paragraph (a)(1) remove the entries for Beans (exc. soy- Cowpea, hay the terms listed in the first column beans), dried, vine ‘‘flax, seed’’; and ‘‘flax, straw’’ and below and add in place thereof in hays. remove the entries listed in the first alphabetical order the terms listed in the Beans (exc. soy- Cowpea, forage column of the table below and add the second column. beans), forage. entries listed in the second column in Beans, succulent ...... Bean, succulent place thereof in alphabetical order. Remove Add In place thereof Bohemian chili pep- Pepper, nonbell pers. Remove Add Figs ...... Fig Cattle, mbyp ...... Cattle, meat byprod- Kiwifruits ...... Kiwifruit ucts Cattle, mbyp (exc. Cattle, meat byprod- Nuts ...... Nut, tree, group Corn, fodder ...... Corn, field, stover kidney and liver). ucts except kidney Olives ...... Olive Corn, forage ...... Corn, field, forage and liver Corn, fresh (inc. Corn, sweet, kernel Eggs ...... Egg i. In § 180.307 the table is revised to sweet K+CWHR). plus cob with husks Goats, fat ...... Goat, fat read as follows: removed Goats, mbyp (exc. Goat, meat byprod- Corn, grain ...... Corn, field, grain kidney and liver). ucts except kidney § 180.307 2-[[4-chloro-6-(ethylamino)-s- Eggs ...... Egg and liver triazin-2-yl]amino]-2-methylpropionitrile; Peanuts ...... Peanut Goats, meat ...... Goat, meat tolerances for residues. Peanuts, hay ...... Peanut, hay Grasses, forage ...... Grass, forage Peas (dried) ...... Pea, dry, seed Hogs, mbyp (exc. Hog, meat byproducts * * * * * Peas (dried), vine Pea, field, hay kidney and liver). except kidney and hays. liver Parts per Expiration/ Peas, forage ...... Pea, field, vines Horses, mbyp (exc. Horse, meat byprod- Commodity revocation Peas, succulent ...... Pea, succulent million date kidney and liver). ucts except kidney Poultry, mbyp ...... Poultry, meat byprod- and liver ucts Corn, field, for- Oats, green forage .... Oat, forage Rice ...... Rice, grain age ...... 0.2 4/1/03 Sheep, mbyp (exc. Sheep, meat byprod- Corn, field, grain 0.05 4/1/03 kidney and liver). ucts except kidney Corn, field, sto- 2. Section 180.355 is further amended and liver ver ...... 0.2 4/1/03 by adding alphabetically an entry to the Wheat, green forage Wheat, forage Corn, pop, grain 0.05 4/1/03 table in paragraph (a) for corn, pop, Corn, sweet, grain to read as follows: § 180.299 [Amended] kernel plus cob with § 180.355 Bentazon; tolerances for f. In § 180.299, remove the entry for husks re- residues. ‘‘pecans.’’ moved ...... 0.05 4/1/03 (a) * * *

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Parts per SUMMARY: We are reopening the public comments and testimony will be Commodity million comment period on the proposed rule addressed in a subsequent final action. for Wyoming: Final Authorization of Dated: April 16, 1999. State Hazardous Waste Management William P. Yellowtail, ***** Program Revision published on Corn, pop, grain ...... 0.05 Regional Administrator, Region VIII. ***** February 25, 1999, which proposed to grant final authorization for the first [FR Doc. 99–10232 Filed 4–22–99; 8:45 am] revision to Wyoming’s Hazardous Waste BILLING CODE 6560±50±P PART 185Ð[AMENDED] Rules. Due to adverse comment received and the passage of Senate File 147 (SF 2. In part 185: ENVIRONMENTAL PROTECTION 147), we are reevaluating the State’s a. The authority citation for part 185 AGENCY continues to read as follows: program to ensure that it meets the Authority: 21 U.S.C. 348. requirements for authorization of a 40 CFR Part 300 b. By revising § 185.2500 to read as Resource Conservation and Recovery Act (RCRA) hazardous waste program. follows: [FRL±6329±8] DATES: Written comments on this § 185.2500 Diquat. proposed rule must be received on or National Priorities List for Uncontrolled A food additive regulation of 0.5 part before July 22, 1999. If there is sufficient Hazardous Waste Sites, Proposed Rule per million is established for residues of public interest, a public hearing will be No. 28 held no earlier than June 22, 1999. diquat in potato, granules/flakes and AGENCY: Environmental Protection potato, chips. Requests to present testimony at a hearing must be received on or before Agency. § 185.2700 [Amended] June 7, 1999. ACTION: Proposed rule. c. In § 185.2700, the table is revised to ADDRESSES: Send written comments and SUMMARY: The Comprehensive read as follows: requests for public hearing to Kris Shurr Environmental Response, (8P–HW), EPA, 999 18th Street, Suite Compensation, and Liability Act § 185.2700 Ethephon. 500, Denver, Colorado 80202–2466, (‘‘CERCLA’’ or ‘‘the Act’’), requires that * * * * * phone number: (303) 312–6139. You can the National Oil and Hazardous examine copies of the materials Substances Pollution Contingency Plan Food Parts per million submitted by Wyoming at the following (‘‘NCP’’) include a list of national locations: EPA Region VIII, from 8:00 priorities among the known releases or Barley, pearled barley 5.0 AM to 4:00 PM, at the above address, and barley, bran. threatened releases of hazardous Sugarcane, molasses 1.5 contact: Kris Shurr, phone number: substances, pollutants, or contaminants Wheat, bran, wheat, 5.0 (303) 312–6312; or Wyoming throughout the United States. The middlings, and Department of Environmental Quality National Priorities List (‘‘NPL’’) wheat, shorts. (WDEQ), from 8:00 AM to 5:00 PM, 122 constitutes this list. The NPL is W. 25th Street, Cheyenne, Wyoming intended primarily to guide the PART 186Ð[AMENDED] 82002, contact: Marisa Latady, phone Environmental Protection Agency number: (307) 777–7541. (‘‘EPA’’ or ‘‘the Agency’’) in determining 3. In part 186: FOR FURTHER INFORMATION CONTACT: Kris which sites warrant further a. The authority citation for part 186 Shurr at the above address and phone investigation to assess the nature and continues to read as follows: number. extent of public health and Authority: 21 U.S.C. 348. SUPPLEMENTARY INFORMATION: We are environmental risks associated with the § 186.2700 [Amended] reopening the public comment period site and to determine what CERCLA- for the proposed rule published at 46 FR financed remedial action(s), if any, may b. In § 186.2700(a) by revising the 09295 on February 25, 1999, which be appropriate. This rule proposes to term, ‘‘wheat, milling fractions, except proposed to grant final authorization for add 12 new sites to the NPL and flour’’ to read ‘‘wheat, milled the first revision to Wyoming’s reproposes one already proposed site. byproducts’’. Hazardous Waste Rules. The previous All sites are being proposed to the [FR Doc. 99–9725 Filed 4–22–99; 8:45 am] public comment period for this General Superfund section of the NPL. BILLING CODE 6560±50±F proposed rule closed on March 29, DATES: Comments regarding any of these 1999. proposed listings must be submitted Due to the adverse comment received (postmarked) on or before June 22, 1999. ENVIRONMENTAL PROTECTION and the passage of SF 147, we are asking ADDRESSES: By Postal Mail: Mail AGENCY for additional comments. SF 147 original and three copies of comments modifies the corrective action (no facsimiles or tapes) to Docket 40 CFR Part 271 requirements and provides for Coordinator, Headquarters; U.S. EPA; [FRL±6330±8] ‘‘innocent owner’’ exemptions from CERCLA Docket Office; (Mail Code environmental liability. We are inviting 5201G); 401 M Street, SW; Washington, Wyoming: Final Authorization of State the public to provide comments. In DC 20460; 703/603–9232. Hazardous Waste Management addition, if there is sufficient interest, By Express Mail: Send original and Program Revision we will hold a public hearing to accept three copies of comments (no facsimiles AGENCY: Environmental Protection verbal and/or written comments. or tapes) to Docket Coordinator, Agency (EPA). Anyone wishing to present testimony Headquarters; U.S. EPA; CERCLA must send us a request using the Docket Office; 1235 Jefferson Davis ACTION: Reopening of Public Comment # Period on Proposed Rule. information provided in the DATES and Highway; Crystal Gateway 1, First ADDRESSES sections of this notice. All Floor; Arlington, VA 22202.

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By E-Mail: Comments in ASCII format B. Has EPA Conducted a Regulatory clean up, prevent or otherwise address only may be mailed directly to Flexibility Analysis for This Rule? releases and threatened releases (42 [email protected]. E-mailed VII. National Technology Transfer and U.S.C. 9601(23)). comments must be followed up by an Advancement Act A. What is the National Technology C. What Is the National Priorities List original and three copies sent by mail or Transfer and Advancement Act? (NPL)? express mail. B. Does the National Technology Transfer The NPL is a list of national priorities For additional Docket addresses and and Advancement Act Apply to This Proposed Rule? among the known or threatened releases further details on their contents, see of hazardous substances, pollutants, or section II, ‘‘Public Review/Public VIII. Executive Order 12898 A. What is Executive Order 12898? contaminants throughout the United Comment,’’ of the Supplementary B. Does Executive Order 12898 Apply to States. The list, which is appendix B of Information portion of this preamble. this Proposed Rule? the NCP (40 CFR part 300), was required FOR FURTHER INFORMATION CONTACT: IX. Executive Order 13045 under section 105(a)(8)(B) of CERCLA, Yolanda Singer, phone (703) 603–8835, A. What is Executive Order 13045? as amended by SARA. section B. Does Executive Order 13045 Apply to 105(a)(8)(B) defines the NPL as a list of State, Tribal and Site Identification this Proposed Rule? Center, Office of Emergency and X. Paperwork Reduction Act ‘‘releases’’ and the highest priority Remedial Response (Mail Code 5204G), A. What is the Paperwork Reduction Act? ‘‘facilities’’ and requires that the NPL be U.S. Environmental Protection Agency, B. Does the Paperwork Reduction Act revised at least annually. The NPL is 401 M Street, SW, Washington, DC Apply to this Proposed Rule? intended primarily to guide EPA in 20460, or the Superfund Hotline, Phone XI. Executive Order 12875 determining which sites warrant further (800) 424–9346 or (703) 412–9810 in the What is Executive Order 12875 and Is It investigation to assess the nature and Washington, DC, metropolitan area. Applicable to this Proposed Rule? extent of public health and XII. Executive Order 13084 environmental risks associated with a SUPPLEMENTARY INFORMATION: What is Executive Order 13084 and Is It release of hazardous substances. The Applicable to this Proposed Rule? Table of Contents NPL is only of limited significance, I. Background however, as it does not assign liability I. Background to any party or to the owner of any A. What are CERCLA and SARA? A. What Are CERCLA and SARA? specific property. Neither does placing B. What is the NCP? In 1980, Congress enacted the a site on the NPL mean that any C. What is the National Priorities List Comprehensive Environmental remedial or removal action necessarily (NPL)? Response, Compensation, and Liability D. How are Sites Listed on the NPL? need be taken. See Report of the Senate E. What Happens to Sites on the NPL? Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or Committee on Environment and Public F. How Are Site Boundaries Defined? ‘‘the Act’’), in response to the dangers of Works, Senate Rep. No. 96–848, 96th G. How Are Sites Removed From the NPL? uncontrolled releases of hazardous Cong., 2d Sess. 60 (1980), 48 FR 40659 H. Can Portions of Sites Be Deleted from substances. CERCLA was amended on (September 8, 1983). the NPL as They Are Cleaned Up? October 17, 1986, by the Superfund For purposes of listing, the NPL I. What is the Construction Completion List Amendments and Reauthorization Act includes two sections, one of sites that (CCL)? (‘‘SARA’’), Pub. L. 99–499, 100 Stat. are generally evaluated and cleaned up II. Public Review/Public Comment 1613 et seq. by EPA (the ‘‘General Superfund A. Can I Review the Documents Relevant section’’), and one of sites that are to This Proposed Rule? B. What Is the NCP? owned or operated by other Federal B. How do I Access the Documents? To implement CERCLA, EPA agencies (the ‘‘Federal Facilities C. What Documents Are Available for promulgated the revised National Oil Public Review at the Headquarters section’’). With respect to sites in the Docket? and Hazardous Substances Pollution Federal Facilities section, these sites are D. What Documents Are Available for Contingency Plan (‘‘NCP’’), 40 CFR part generally being addressed by other Public Review at the Regional Dockets? 300, on July 16, 1982 (47 FR 31180), Federal agencies. Under Executive E. How Do I Submit My Comments? pursuant to CERCLA section 105 and Order 12580 (52 FR 2923, January 29, F. What Happens to My Comments? Executive Order 12316 (46 FR 42237, 1987) and CERCLA section 120, each G. What Should I Consider When August 20, 1981). The NCP sets Federal agency is responsible for Preparing My Comments? guidelines and procedures for carrying out most response actions at H. Can I Submit Comments After the responding to releases and threatened facilities under its own jurisdiction, Public Comment Period Is Over? releases of hazardous substances, custody, or control, although EPA is I. Can I View Public Comments Submitted pollutants, or contaminants under by Others? responsible for preparing an HRS score J. Can I Submit Comments Regarding Sites CERCLA. EPA has revised the NCP on and determining whether the facility is Not Currently Proposed to the NPL? several occasions. The most recent placed on the NPL. EPA generally is not III. Contents of This Proposed Rule comprehensive revision was on March the lead agency at Federal Facilities A. Proposed Additions to the NPL 8, 1990 (55 FR 8666). Section sites, and its role at such sites B. Reproposal of One Site As required under section is accordingly less extensive than at C. Status of NPL 105(a)(8)(A) of CERCLA, the NCP also other sites. IV. Executive Order 12866 includes ‘‘criteria for determining A. What is Executive Order 12866? priorities among releases or threatened D. How Are Sites Listed on the NPL? B. Is This Proposed Rule Subject to releases throughout the United States There are three mechanisms for Executive Order 12866 Review? for the purpose of taking remedial placing sites on the NPL for possible V. Unfunded Mandates action and, to the extent practicable, remedial action (see 40 CFR 300.425(c) A. What is the Unfunded Mandates Reform Act (UMRA)? taking into account the potential of the NCP): (1) A site may be included B. Does UMRA Apply to This Proposed urgency of such action for the purpose on the NPL if it scores sufficiently high Rule? of taking removal action.’’ ‘‘Removal’’ on the Hazard Ranking System (‘‘HRS’’), VI. Effect on Small Businesses actions are defined broadly and include which EPA promulgated as a appendix A. What is the Regulatory Flexibility Act? a wide range of actions taken to study, A of the NCP (40 CFR part 300). The

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HRS serves as a screening device to F. How Are Site Boundaries Defined? presented by a release’’ will be evaluate the relative potential of The NPL does not describe releases in determined by a Remedial Investigation/ uncontrolled hazardous substances to precise geographical terms; it would be Feasibility Study (‘‘RI/FS’’) as more pose a threat to human health or the neither feasible nor consistent with the information is developed on site environment. On December 14, 1990 (55 limited purpose of the NPL (to identify contamination (40 CFR 300.5). During FR 51532), EPA promulgated revisions releases that are priorities for further the RI/FS process, the release may be to the HRS partly in response to evaluation), for it to do so. found to be larger or smaller than was CERCLA section 105(c), added by Although a CERCLA ‘‘facility’’ is originally thought, as more is learned SARA. The revised HRS evaluates four broadly defined to include any area about the source(s) and the migration of pathways: Ground water, surface water, where a hazardous substance release has the contamination. However, this soil exposure, and air. As a matter of ‘‘come to be located’’ (CERCLA section inquiry focuses on an evaluation of the Agency policy, those sites that score 101(9)), the listing process itself is not threat posed; the boundaries of the 28.50 or greater on the HRS are eligible intended to define or reflect the release need not be exactly defined. Moreover, it generally is impossible to for the NPL; (2) Each State may boundaries of such facilities or releases. discover the full extent of where the designate a single site as its top priority Of course, HRS data (if the HRS is used contamination ‘‘has come to be located’’ to be listed on the NPL, regardless of the to list a site) upon which the NPL before all necessary studies and HRS score. This mechanism, provided placement was based will, to some remedial work are completed at a site. by the NCP at 40 CFR 300.425(c)(2) extent, describe the release(s) at issue. Indeed, the boundaries of the requires that, to the extent practicable, That is, the NPL site would include all contamination can be expected to the NPL include within the 100 highest releases evaluated as part of that HRS change over time. Thus, in most cases, priorities, one facility designated by analysis. it may be impossible to describe the each State representing the greatest When a site is listed, the approach boundaries of a release with absolute danger to public health, welfare, or the generally used to describe the relevant environment among known facilities in certainty. release(s) is to delineate a geographical Further, as noted above, NPL listing the State (see 42 U.S.C. 9605(a)(8)(B)); area (usually the area within an (3) The third mechanism for listing, does not assign liability to any party or installation or plant boundaries) and to the owner of any specific property. included in the NCP at 40 CFR identify the site by reference to that 300.425(c)(3), allows certain sites to be Thus, if a party does not believe it is area. As a legal matter, the site is not liable for releases on discrete parcels of listed regardless of their HRS score, if coextensive with that area, and the all of the following conditions are met: property, supporting information can be boundaries of the installation or plant submitted to the Agency at any time • The Agency for Toxic Substances are not the ‘‘boundaries’’ of the site. after a party receives notice it is a and Disease Registry (ATSDR) of the Rather, the site consists of all potentially responsible party. U.S. Public Health Service has issued a contaminated areas within the area used For these reasons, the NPL need not health advisory that recommends to identify the site, as well as any other be amended as further research reveals dissociation of individuals from the location to which contamination from more information about the location of release. that area has come to be located, or from the contamination or release. • EPA determines that the release which that contamination came. poses a significant threat to public In other words, while geographic G. How Are Sites Removed From the health. terms are often used to designate the site NPL? • EPA anticipates that it will be more (e.g., the ‘‘Jones Co. plant site’’) in terms EPA may delete sites from the NPL cost-effective to use its remedial of the property owned by a particular where no further response is authority than to use its removal party, the site properly understood is appropriate under Superfund, as authority to respond to the release. not limited to that property (e.g., it may explained in the NCP at 40 CFR extend beyond the property due to 300.425(e). This section also provides EPA promulgated an original NPL of contaminant migration), and conversely that EPA shall consult with states on 406 sites on September 8, 1983 (48 FR may not occupy the full extent of the proposed deletions and shall consider 40658). The NPL has been expanded property (e.g., where there are whether any of the following criteria since then, most recently on January 19, uncontaminated parts of the identified have been met: (i) Responsible parties or 1999 (64 FR 2941). property, they may not be, strictly other persons have implemented all E. What Happens to Sites on the NPL? speaking, part of the ‘‘site’’). The ‘‘site’’ appropriate response actions required; is thus neither equal to nor confined by (ii) All appropriate Superfund-financed A site may undergo remedial action the boundaries of any specific property response has been implemented and no financed by the Trust Fund established that may give the site its name, and the further response action is required; or under CERCLA (commonly referred to name itself should not be read to imply (iii) The remedial investigation has as the ‘‘Superfund’’) only after it is that this site is coextensive with the shown the release poses no significant placed on the NPL, as provided in the entire area within the property threat to public health or the NCP at 40 CFR 300.425(b)(1). boundary of the installation or plant. environment, and taking of remedial (‘‘Remedial actions’’ are those The precise nature and extent of the site measures is not appropriate. As of April ‘‘consistent with permanent remedy, are typically not known at the time of 5, 1999, the Agency has deleted 184 taken instead of or in addition to listing. Also, the site name is merely sites from the NPL. removal actions. * * *’’ 42 U.S.C. used to help identify the geographic 9601(24).) However, under 40 CFR location of the contamination. For H. Can Portions of Sites Be Deleted 300.425(b)(2) placing a site on the NPL example, the ‘‘Jones Co. plant site,’’ From the NPL as They Are Cleaned Up? ‘‘does not imply that monies will be does not imply that the Jones company In November 1995, EPA initiated a expended.’’ EPA may pursue other is responsible for the contamination new policy to delete portions of NPL appropriate authorities to remedy the located on the plant site. sites where cleanup is complete (60 FR releases, including enforcement action EPA regulations provide that the 55465, November 1, 1995). Total site under CERCLA and other laws. ‘‘nature and extent of the threat cleanup may take many years, while

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Kennedy Federal Building, Boston, reference documents containing the data principally relied upon and cited by EPA also has developed an NPL MA 02203–2211; 617/573–9656 EPA in calculating or evaluating the construction completion list (‘‘CCL’’) to Ben Conetta, Region 2 (NJ, NY, PR, VI), HRS score for the sites. These reference simplify its system of categorizing sites U.S. EPA, 290 Broadway, New York, documents are available only in the and to better communicate the NY 10007–1866; 212/637–4435 Regional dockets. successful completion of cleanup Dawn Shellenberger (GCI), Region 3 activities (58 FR 12142, March 2, 1993). (DE, DC, MD, PA, VA, WV), U.S. EPA, E. How Do I Submit My Comments? Inclusion of a site on the CCL has no Library, 1650 Arch Street, Mailcode Comments must be submitted to EPA legal significance. 3PMH52, Philadelphia, PA 19103; Headquarters as detailed at the Sites qualify for the CCL when: (1) 215/814–5364. beginning of this preamble in the Any necessary physical construction is Sherryl Decker, Region 4 (AL, FL, GA, ADDRESSES section. complete, whether or not final cleanup KY, MS, NC, SC, TN), U.S. EPA, 61 levels or other requirements have been Forsyth Street, SW, 9th floor, Atlanta, F. What Happens to My Comments? achieved; (2) EPA has determined that GA 30303; 404/562–8127. EPA considers all comments received the response action should be limited to Region 5 (IL, IN, MI, MN, OH, WI), U.S. during the comment period. Significant measures that do not involve EPA, Records Center, Waste comments will be addressed in a construction (e.g., institutional Management Division 7–J, Metcalfe support document that EPA will publish controls); or (3) The site qualifies for Federal Building, 77 West Jackson concurrently with the Federal Register deletion from the NPL. Boulevard, Chicago, IL 60604; 312/ document if, and when, the site is listed Of the 184 sites that have been on the NPL. deleted from the NPL, 175 sites were 886–7570. deleted because they have been cleaned Brenda Cook, Region 6 (AR, LA, NM, G. What Should I Consider When up (the other 9 sites were deleted based OK, TX), U.S. EPA, 1445 Ross Preparing My Comments? on deferral to other authorities and are Avenue, Mailcode 6SF–RA, Dallas, Comments that include complex or not considered cleaned up). In addition, TX 75202–2733; 214/665–7436. voluminous reports, or materials there are 424 sites also on the NPL CCL. Carole Long, Region 7 (IA, KS, MO, NE), prepared for purposes other than HRS Thus, as of April 5, 1999, the CCL U.S. EPA, 726 Minnesota Avenue, scoring, should point out the specific consists of 599 sites. For the most up- Kansas City, KS 66101; 913/551–7224. information that EPA should consider to-date information on the CCL, see David Williams, Region 8 (CO, MT, ND, and how it affects individual HRS factor EPA’s Internet site at http:// SD, UT, WY), U.S. EPA, 999 18th values or other listing criteria www.epa.gov/superfund. Street, Suite 500, Mailcode 8EPR–SA, (Northside Sanitary Landfill v. Thomas, II. Public Review/Public Comment Denver, CO 80202–2466; 303/312– 849 F.2d 1516 (D.C. Cir. 1988)). EPA 6757. will not address voluminous comments A. Can I Review the Documents Carolyn Douglas, Region 9 (AZ, CA, HI, that are not specifically cited by page Relevant to This Proposed Rule? NV, AS, GU), U.S. EPA, 75 Hawthorne number and referenced to the HRS or Yes, documents that form the basis for Street, San Francisco, CA 94105; 415/ other listing criteria. EPA will not EPA’s evaluation and scoring of the sites 744–2343. address comments unless they indicate in this rule (including the reproposed David Bennett, Region 10 (AK, ID, OR, which component of the HRS site) are contained in dockets located WA), U.S. EPA, 11th Floor, 1200 6th documentation record or what both at EPA Headquarters in Avenue, Mail Stop ECL–115, Seattle, particular point in EPA’s stated Washington, DC and in the Regional WA 98101; 206/553–2103. eligibility criteria is at issue. offices. You may also request copies from H. Can I Submit Comments After the B. How Do I Access the Documents? EPA Headquarters or the Regional Public Comment Period Is Over? You may view the documents, by dockets. An informal request, rather Generally, EPA will not respond to appointment only, in the Headquarters than a formal written request under the late comments. EPA can only guarantee or the Regional dockets after the Freedom of Information Act, should be that it will consider those comments appearance of this proposed rule. The the ordinary procedure for obtaining postmarked by the close of the formal hours of operation for the Headquarters copies of any of these documents. comment period. EPA has a policy of docket are from 9 a.m. to 4 p.m., C. What Documents Are Available for not delaying a final listing decision Monday through Friday excluding Public Review at the Headquarters solely to accommodate consideration of Federal holidays. Please contact the Docket? late comments. Regional dockets for hours. Following is the contact information The Headquarters docket for this rule I. Can I View Public Comments for the EPA Headquarters docket: contains: HRS score sheets for the Submitted by Others? Docket Coordinator, Headquarters, U.S. proposed site; a Documentation Record During the comment period, EPA CERCLA Docket Office, Crystal for the site describing the information comments are placed in the Gateway #1, 1st Floor, 1235 Jefferson used to compute the score; information Headquarters docket and are available to Davis Highway, Arlington, VA 22202, for any site affected by particular the public on an ‘‘as received’’ basis. A 703/603–9232. (Please note this is a statutory requirements or EPA listing complete set of comments will be visiting address only. Mail comments to policies; and a list of documents available for viewing in the Regional EPA Headquarters as detailed at the referenced in the Documentation docket approximately one week after the beginning of this preamble.) Record. formal comment period closes.

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J. Can I Submit Comments Regarding safety, or State, local, or tribal proposals with significant Federal Sites Not Currently Proposed to the governments or communities; (2) create intergovernmental mandates, and NPL? a serious inconsistency or otherwise informing, educating, and advising In certain instances, interested parties interfere with an action taken or small governments on compliance with have written to EPA concerning sites planned by another agency; (3) the regulatory requirements. materially alter the budgetary impact of which were not at that time proposed to B. Does UMRA Apply to This Proposed entitlements, grants, user fees, or loan the NPL. If those sites are later proposed Rule? to the NPL, parties should review their programs or the rights and obligations of earlier concerns and, if still appropriate, recipients thereof; or (4) raise novel No, EPA has determined that this rule resubmit those concerns for legal or policy issues arising out of legal does not contain a Federal mandate that consideration during the formal mandates, the President’s priorities, or may result in expenditures of $100 comment period. Site-specific the principles set forth in the Executive million or more for State, local, and correspondence received prior to the Order. tribal governments in the aggregate, or period of formal proposal and comment B. Is This Proposed Rule Subject to by the private sector in any one year. will not generally be included in the Executive Order 12866 Review? This rule will not impose any federal docket. intergovernmental mandate because it No, the Office of Management and imposes no enforceable duty upon State, III. Contents of This Proposed Rule Budget (OMB) has exempted this tribal or local governments. Listing a A. Proposed Additions to the NPL regulatory action from Executive Order site on the NPL does not itself impose 12866 review. With today’s proposed rule, EPA is any costs. Listing does not mean that proposing to add 12 new sites to the V. Unfunded Mandates EPA necessarily will undertake NPL, all to the General Superfund remedial action. Nor does listing require A. What Is the Unfunded Mandates any action by a private party or section of the NPL. The sites are being Reform Act (UMRA)? proposed based on HRS scores of 28.50 determine liability for response costs. or above. The sites being proposed in Title II of the Unfunded Mandates Costs that arise out of site responses this rule are presented in Table 1 which Reform Act of 1995 (UMRA), Public result from site-specific decisions follows this preamble. Law 104–4, establishes requirements for regarding what actions to take, not Federal Agencies to assess the effects of directly from the act of listing a site on B. Reproposal of One Site their regulatory actions on State, local, the NPL. The Hanlin-Allied-Olin site in and tribal governments and the private For the same reasons, EPA also has Moundsville, West Virginia is being sector. Under section 202 of the UMRA, determined that this rule contains no reproposed in this proposed rule. New EPA generally must prepare a written regulatory requirements that might technical information became available statement, including a cost-benefit significantly or uniquely affect small following its original proposal on analysis, for proposed and final rules governments. In addition, as discussed October 2, 1995 (60 FR 51390). Thus, with ‘‘Federal mandates’’ that may above, the private sector is not expected EPA is reproposing the site with a new result in expenditures by State, local, to incur costs exceeding $100 million. HRS scoring package and requesting and tribal governments, in the aggregate, EPA has fulfilled the requirement for comments as part of the comment or by the private sector, of $100 million analysis under the Unfunded Mandates period for this proposed rule. or more in any one year. Before EPA Reform Act. C. Status of NPL promulgates a rule for which a written statement is needed, section 205 of the VI. Effect on Small Businesses Currently the NPL consists of 1,202 UMRA generally requires EPA to final sites; 1,049 in the General A. What Is the Regulatory Flexibility identify and consider a reasonable Act? Superfund section and 153 in the number of regulatory alternatives and Federal Facilities section. With this adopt the least costly, most cost- Pursuant to the Regulatory Flexibility proposal of 12 new sites, there are now effective, or least burdensome Act (5 U.S.C. 601 et seq., as amended by 72 sites proposed and awaiting final alternative that achieves the objectives the Small Business Regulatory agency action, 63 in the General of the rule. The provisions of section Enforcement Fairness Act (SBREFA) of Superfund section and 9 in the Federal 205 do not apply when they are 1996) whenever an agency is required to Facilities section. Final and proposed inconsistent with applicable law. publish a notice of rulemaking for any sites now total 1,274. Moreover, section 205 allows EPA to proposed or final rule, it must prepare IV. Executive Order 12866 adopt an alternative other than the least and make available for public comment costly, most cost-effective, or least a regulatory flexibility analysis that A. What Is Executive Order 12866? burdensome alternative if the describes the effect of the rule on small Under Executive Order 12866, (58 FR Administrator publishes with the final entities (i.e., small businesses, small 51735 (October 4, 1993)) the Agency rule an explanation why that alternative organizations, and small governmental must determine whether a regulatory was not adopted. Before EPA establishes jurisdictions). However, no regulatory action is ‘‘significant’’ and therefore any regulatory requirements that may flexibility analysis is required if the subject to OMB review and the significantly or uniquely affect small head of an agency certifies the rule will requirements of the Executive Order. governments, including tribal not have a significant economic impact The Order defines ‘‘significant governments, it must have developed on a substantial number of small regulatory action’’ as one that is likely under section 203 of the UMRA a small entities. SBREFA amended the to result in a rule that may: (1) have an government agency plan. The plan must Regulatory Flexibility Act to require annual effect on the economy of $100 provide for notifying potentially Federal agencies to provide a statement million or more or adversely affect in a affected small governments, enabling of the factual basis for certifying that a material way the economy, a sector of officials of affected small governments rule will not have a significant the economy, productivity, competition, to have meaningful and timely input in economic impact on a substantial jobs, the environment, public health or the development of EPA regulatory number of small entities.

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B. Has EPA Conducted a Regulatory practices) that are developed or adopted environmental health or safety effects of Flexibility Analysis for This Rule? by voluntary consensus standards the planned rule on children, and No. While this rule proposes to revise bodies. The NTTAA directs EPA to explain why the planned regulation is the NPL, an NPL revision is not a provide Congress, through OMB, preferable to other potentially effective typical regulatory change since it does explanations when the Agency decides and reasonably feasible alternatives not automatically impose costs. As not to use available and applicable considered by the Agency. voluntary consensus standards. stated above, adding sites to the NPL B. Does Executive Order 13045 Apply to does not in itself require any action by B. Does the National Technology This Proposed Rule? any party, nor does it determine the Transfer and Advancement Act Apply This proposed rule is not subject to liability of any party for the cost of to This Proposed Rule? cleanup at the site. Further, no E.O. 13045 because it is not an identifiable groups are affected as a No. This proposed rulemaking does economically significant rule as defined whole. As a consequence, impacts on not involve technical standards. by E.O. 12866, and because the Agency any group are hard to predict. A site’s Therefore, EPA did not consider the use does not have reason to believe the inclusion on the NPL could increase the of any voluntary consensus standards. environmental health or safety risks addressed by this proposed rule present likelihood of adverse impacts on VIII. Executive Order 12898 responsible parties (in the form of a disproportionate risk to children. A. What is Executive Order 12898? cleanup costs), but at this time EPA X. Paperwork Reduction Act cannot identify the potentially affected Under Executive Order 12898, businesses or estimate the number of ‘‘Federal Actions to Address A. What Is the Paperwork Reduction small businesses that might also be Environmental Justice in Minority Act? affected. Populations and Low-Income According to the Paperwork The Agency does expect that placing Populations,’’ as well as through EPA’s Reduction Act (PRA), 44 U.S.C. 3501 et the sites in this proposed rule on the April 1995, ‘‘Environmental Justice seq., an agency may not conduct or NPL could significantly affect certain Strategy, OSWER Environmental Justice sponsor, and a person is not required to industries, or firms within industries, Task Force Action Agenda Report,’’ and respond to a collection of information that have caused a proportionately high National Environmental Justice that requires OMB approval under the percentage of waste site problems. Advisory Council, EPA has undertaken PRA, unless it has been approved by However, EPA does not expect the to incorporate environmental justice OMB and displays a currently valid listing of these sites to have a significant into its policies and programs. EPA is OMB control number. The OMB control economic impact on a substantial committed to addressing environmental numbers for EPA’s regulations, after number of small businesses. justice concerns, and is assuming a initial display in the preamble of the In any case, economic impacts would leadership role in environmental justice final rules, are listed in 40 CFR part 9. occur only through enforcement and initiatives to enhance environmental The information collection requirements cost-recovery actions, which EPA takes quality for all residents of the United related to this action have already been at its discretion on a site-by-site basis. States. The Agency’s goals are to ensure approved by OMB pursuant to the PRA EPA considers many factors when that no segment of the population, under OMB control number 2070–0012 determining enforcement actions, regardless of race, color, national origin, (EPA ICR No. 574). including not only a firm’s contribution or income, bears disproportionately B. Does the Paperwork Reduction Act to the problem, but also its ability to high and adverse human health and Apply to This Proposed Rule? pay. The impacts (from cost recovery) environmental effects as a result of on small governments and nonprofit EPA’s policies, programs, and activities, No. EPA has determined that the PRA organizations would be determined on a and all people live in clean and does not apply because this rule does similar case-by-case basis. sustainable communities. not contain any information collection For the foregoing reasons, I hereby requirements that require approval of certify that this proposed rule, if B. Does Executive Order 12898 Apply to the OMB. promulgated, will not have a significant this Proposed Rule? XI. Executive Order 12875 economic impact on a substantial No. While this rule proposes to revise number of small entities. Therefore, this the NPL, no action will result from this What Is Executive Order 12875 and Is It proposed regulation does not require a proposal that will have Applicable to This Proposed Rule? regulatory flexibility analysis. disproportionately high and adverse Under Executive Order 12875, EPA human health and environmental effects VII. National Technology Transfer and may not issue a regulation that is not on any segment of the population. Advancement Act required by statute and that creates a IX. Executive Order 13045 mandate upon a State, local or tribal A. What Is the National Technology government, unless the Federal Transfer and Advancement Act? A. What Is Executive Order 13045? government provides the funds Section 12(d) of the National Executive Order 13045: ‘‘Protection of necessary to pay the direct compliance Technology Transfer and Advancement Children from Environmental Health costs incurred by those governments, or Act of 1995 (NTTAA), Public Law 104– Risks and Safety Risks’’ (62 FR 19885, EPA consults with those governments. If 113, section 12(d) (15 U.S.C. 272 note), April 23, 1997) applies to any rule that: EPA complies by consulting, Executive directs EPA to use voluntary consensus (1) is determined to be ‘‘economically Order 12875 requires EPA to provide to standards in its regulatory activities significant’’ as defined under E.O. the Office of Management and Budget a unless to do so would be inconsistent 12866, and (2) concerns an description of the extent of EPA’s prior with applicable law or otherwise environmental health or safety risk that consultation with representatives of impractical. Voluntary consensus EPA has reason to believe may have a affected State, local and tribal standards are technical standards (e.g., disproportionate effect on children. If governments, the nature of their materials specifications, test methods, the regulatory action meets both criteria, concerns, any written communications sampling procedures, and business the Agency must evaluate the from the governments, and a statement

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TABLE 1.ÐNATIONAL PRIORITIES LIST PROPOSED RULE NO. 28, GENERAL SUPERFUND SECTION

State Site name City/county

AR ...... Mountain Pine Pressure Treating ...... Plainview. ME ...... Eastland Woolen Mill ...... Corinna. NC ...... North Belmont PCE ...... North Belmont. NJ ...... Emmell's Septic Landfill ...... Galloway Township. NJ ...... Martin Aaron, Inc...... Camden. NY ...... Peter Cooper Corporation (Markhams) ...... Dayton. OK ...... Hudson Refinery ...... Cushing. PR ...... Vega Baja Solid Waste Disposal ...... Rio Abajo Ward. TX ...... Hart Creosoting Company ...... Jasper. UT ...... International Smelting and Refining ...... Tooele. VA ...... Kim-Stan Landfill ...... Selma. WV ...... Hanlin-Allied-Olin* ...... Moundsville. WV ...... Vienna Tetrachloroethene ...... Vienna. * Site Reproposed to General Superfund Section: 1.

Number of Sites Proposed to General resources, Oil pollution, Penalties, Dated: April 19, 1999. Superfund Section: 12. Reporting and recordkeeping Timothy Fields, Jr., requirements, Superfund, Water List of Subjects in 40 CFR Part 300 Acting Assistant Administrator, Office of pollution control, Water supply. Solid Waste and Emergency Response. Environmental protection, Air Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. [FR Doc. 99–10236 Filed 4–22–99; 8:45 am] pollution control, Chemicals, Hazardous 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, BILLING CODE 6560±50±P substances, Hazardous waste, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, Intergovernmental relations, Natural 3 CFR, 1987 Comp., p. 193.

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Notices Federal Register Vol. 64, No. 78

Friday, April 23, 1999

This section of the FEDERAL REGISTER of selective debris removal on Okatoma solicits comments on requirements contains documents other than rules or Creek from Highway 590 at Seminary, relating to the record keeping require- proposed rules that are applicable to the Mississippi, upstream to the Covington ments of nonprofit agencies serving public. Notices of hearings and investigations, and Simpson County Line at Mount people who are blind or severely committee meetings, agency decisions and Olive, Mississippi. disabled. rulings, delegations of authority, filing of The Notice of a Finding of No petitions and applications and agency DATES: Comments must be submitted on statements of organization and functions are Significant Impact (FONSI) has been or before June 22, 1999. examples of documents appearing in this forwarded to the Environmental ADDRESSES: Written comments should section. Protection Agency and to various be sent to: Daniel Werfel, Desk Officer Federal, State, and local agencies and for the Committee for Purchase, Office interested parties. A limited number of of Information and Regulatory Affairs, DEPARTMENT OF AGRICULTURE copies of the FONSI are available to fill Office of Management and Budget, 725 single copy requests at the above 17th Street, N.W., Room 10235, New Natural Resources Conservation address. Basic data developed during Executive Office Building, Washington, Service the environmental assessment are on DC 20503. Requests for information file and may be reviewed by contacting should be directed to: Beverly L. Okatoma Creek Watershed, Covington, Homer L. Wilkes. No administrative Milkman, Committee for Purchase From County, MS action on implementation of the People Who Are Blind or Severely proposal will be taken until 30 days AGENCY: Natural Resources Disabled, Crystal Gateway 3, Suite 310, after the date of this publication in the Conservation Service, DOA. 1215 Jefferson Davis Highway, Federal Register. ACTION: Notice of a finding of no Arlington, VA 22202–4302, (703) 603– significant impact. (This activity is listed in the Catalog of 7740. Federal Domestic Assistance under No. SUPPLEMENTARY INFORMATION: The SUMMARY: 10.904 Watershed Protection and Flood Pursuant to Section 102(2)(C) Committee imposes record keeping of the National Environmental Policy Prevention and is subject to the provisions of Executive Order 12372 which requires requirements on nonprofit agencies Act of 1969; the Council on serving people who are blind or severely Environmental Quality Regulations (40 intergovernmental consultation with State and local officials.) disabled. The requirements are for CFR part 1500); and the Natural Dated: April 12, 1999. records of direct labor hours performed Resources Conservation Service for the nonprofit agency by each worker Regulations (7 CFR part 650); the Homer L. Wilkes, State Conservationist. and are for files which document the Natural Resources Conservation Service, disability and competitive U.S. Department of Agriculture, gives [FR Doc. 99–10158 Filed 4–22–99; 8:45 am] BILLING CODE 3410±16±M employability of each worker. Such notice that an environmental impact records and files are required to ensure statement is not being prepared for that nonprofit agencies seeking to Okatoma Creek Watershed, Covington participate in the Committee’s program County, MS. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR meet the requirements of 41 U.S.C. 46– FOR FURTHER INFORMATION CONTACT: 48c. Homer L. Wilkes, State Conservationist, SEVERELY DISABLED Natural Resources Conservation Service, Dated: April 13, 1999. Agency Information Collection Suite 1321, A.H. McCoy Federal Beverly L. Milkman, Activities; Proposed Collection; Building, 100 West Capital Street, Executive Director. Comment Request Jackson, Mississippi 39269, telephone [FR Doc. 99–10272 Filed 4–22–99; 8:45 am] 601–965–5205. AGENCY: Committee for Purchase From BILLING CODE 6353±01±P SUPPLEMENTARY INFORMATION: The People Who Are Blind or Severely environmental assessment of this Disabled. federally assisted action indicates that ACTION: Proposed collection; comment COMMITTEE FOR PURCHASE FROM the project will not cause significant request. PEOPLE WHO ARE BLIND OR local, regional, or national impacts on SEVERELY DISABLED the environment. As a result of these TITLE: Nonprofit Agency Procurement List; Proposed Additions findings, Homer L. Wilkes, State Responsibilities. and Deletions Conservationist, has determined that the SUMMARY: The Committee for Purchase preparation and review of an From People Who Are Blind or Severely AGENCY: Committee for Purchase From environmental impact statement are not Disabled is announcing an opportunity People Who Are Blind or Severely needed for the project. for public comment on the proposed Disabled. collection of certain information by the Okatoma Creek Watershed, Covington ACTION: Proposed additions to and agency. Under the Paperwork Reduction deletions from Procurement List. County, Mississippi; Notice of a Finding Act of 1995, Federal agencies are of No Significant Impact required to publish notice in the SUMMARY: The Committee has received The project concerns a watershed Federal Register concerning each proposals to add to the Procurement List plan for the purpose of flood reduction proposed collection of information, and a commodity and services to be and recreation enhancement. The to allow 60 days for public comment in furnished by nonprofit agencies planned works of improvement consists response to the notice. This notice employing persons who are blind or

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 19976 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices have other severe disabilities, and to Services employing persons who are blind or delete commodities previously Base Supply Center and Operation of have other severe disabilities. furnished by such agencies. Individual Equipment Element Store EFFECTIVE DATE: May 24, 1999. COMMENTS MUST BE RECEIVED ON OR Francis E. Warren Air Force Base, ADDRESSES: Committee for Purchase BEFORE: May 24, 1999. Wyoming From People Who Are Blind or Severely ADDRESSES: Committee for Purchase NPA: Envision, Inc. Wichita, Kansas Disabled, Crystal Gateway 3, Suite 310, From People Who Are Blind or Severely Carwash Service 1215 Jefferson Davis Highway, Disabled, Crystal Gateway 3, Suite 310, USDI, Bureau of Land Management, 1661 Arlington, Virginia 22202–4302. 1215 Jefferson Davis Highway, South Fourth Street, El Centro, California NPA: Association for Retarded Citizens— FOR FURTHER INFORMATION CONTACT: Arlington, Virginia 22202–4302. Imperial Valley, El Centro, California Beverly Milkman (703) 603–7740. FOR FURTHER INFORMATION CONTACT: Janitorial/Custodial SUPPLEMENTARY INFORMATION: On Beverly Milkman (703) 603–7740. Naval and Marine Corps Reserve Center, 30 November 30, 1998, January 15, SUPPLEMENTARY INFORMATION: This Woodward Avenue, New Haven, February 26, and March 12, 1999, the notice is published pursuant to 41 Connecticut Committee for Purchase From People U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its NPA: CW Resources, Inc., New Britain, Who Are Blind or Severely Disabled purpose is to provide interested persons Connecticut published notices (63 FR 65746,64 FR an opportunity to submit comments on Janitorial/Custodial 2623, 9470 and 12284) of proposed the possible impact of the proposed Three Child Care Centers, Headquarters III additions to the Procurement List. actions. Corps and Fort Hood, Fort Hood, Texas The following comments pertain to NPA: World Technical Services, Inc., San Janitorial/Custodial, Federal Building Additions Antonio, Texas #4, 4401 Suitland Road, Suitland, If the Committee approves the Deletion Maryland. proposed addition, all entities of the I certify that the following action will Comments were received from the Federal Government (except as not have a significant impact on a current contractor for this service. The otherwise indicated) will be required to substantial number of small entities. contractor claimed that losing this procure the commodity and services The major factors considered for this contract, together with a 1994 loss of listed below from nonprofit agencies certification were: another contract to the Committee’s employing persons who are blind or 1. The action will not result in any program (from which it says it has have other severe disabilities. I certify additional reporting, recordkeeping or ‘‘never recovered)’’, would have a severe that the following action will not have other compliance requirements for small impact on the company. a significant impact on a substantial The contractor has only an interim entities. number of small entities. The major 2. The action will result in contract for the building in question, factors considered for this certification authorizing small entities to furnish the and that contract began within the past were: commodities to the Government. three months. Although the contractor 1. The action will not result in any 3. There are no known regulatory believes it has an excellent chance of additional reporting, recordkeeping or alternatives which would accomplish obtaining the next full contract for the other compliance requirements for small the objectives of the Javits-Wagner- service, the fact is that no contractor is entities other than the small O’Day Act (41 U.S.C. 46–48c) in guaranteed a contract under the organizations that will furnish the connection with the commodities competitive bidding system. Therefore, commodity and services to the proposed for deletion from the the Committee is using the value of the Government. interim contract as the measure of loss 2. The action will result in Procurement List. The following commodities have been for calculating impact of adding the authorizing small entities to furnish the service to the Procurement List on the commodity and services to the proposed for deletion from the Procurement List: contractor. This figure, considered as a Government. percentage of the contractor’s total sales, 3. There are no known regulatory Fly Tent, Nylon, Polyurethane Coated is well below the level which the alternatives which would accomplish 8340–00–102–6370 Committee normally considers to 8340–01–185–5512 the objectives of the Javits-Wagner- constitute severe adverse impact on a O’Day Act (41 U.S.C. 46–48c) in Beverly L. Milkman, contractor. In addition, the fact that the connection with the commodity and Executive Director. contractor has only held the contract for services proposed for addition to the [FR Doc. 99–10273 Filed 4–22–99; 8:45 am] a few months eliminates the possibility Procurement List. Comments on this BILLING CODE 6353±01±P that the firm has any long-term certification are invited. Commenters dependence on that contract’s revenues. should identify the statement(s) The contractor stated that it has not underlying the certification on which COMMITTEE FOR PURCHASE FROM recovered from the impact of a 1994 they are providing additional PEOPLE WHO ARE BLIND OR Procurement List addition where it had information. SEVERELY DISABLED been the current contractor. However, The following commodity and the Committee’s records reflect a Procurement List; Additions services have been proposed for statement by the President of the firm addition to Procurement List for AGENCY: Committee for Purchase From that it was losing money on the contract production by the nonprofit agencies People Who Are Blind or Severely added to the Procurement List in 1994, listed: Disabled. and that it did not want the option to Commodity ACTION: Additions to the procurement be exercised. To avoid having its option Towbar Assembly list. exercised and to protect another 3920–01–000–0559 contract under consideration for NPA: Mississippi Industries for the Blind SUMMARY: This action adds to the addition to the Procurement List, the Jackson, Mississippi at its facility in Procurement List services to be firm suggested that the Committee Meridian, Mississippi furnished by nonprofit agencies discontinue its consideration of another

VerDate 23-MAR-99 19:09 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm01 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 19977 contract and add the contract in COMMISSION ON CIVIL RIGHTS views on ongoing civil rights issues in question to the Procurement List. The the area. Committee proceeded as suggested, and Agenda and Notice of Public Meeting Persons desiring additional the 1994 addition actually benefitted of the Florida Advisory Committee information, or planning a presentation rather than harmed the contractor. Notice is hereby given, pursuant to to the Committee, should contact Consequently, the Committee does not the provisions of the rules and Committee Chairperson Gregory T. believe the 1994 addition ever had a regulations of the U.S. Commission on Hinton, 304–367–4244, or Ranjit significant adverse impact on the Civil Rights, that a meeting of the Majumder, Chair, Northern region contractor, nor does it believe the Florida Advisory Committee to the subcommittee, 304–293–5313, extension current and 1994 additions together Commission will convene at 1:00 p.m. 1872, or Ki-Taek Chun, Director of the constitute severe adverse impact on the and adjourn at 5:00 p.m. on May 12, Eastern Regional Office, 202–376–7533 contractor. 1999, at the Doubletree Hotel (TDD 202–376–8116). Hearing-impaired The following material pertains to all Tallahassee, 101 South Adams Street, persons who will attend the meeting of the items being added to the Tallahassee, Florida 32301. The purpose and require the services of a sign Procurement List: language interpreter should contact the After consideration of the material of the meeting is to review affirmative action efforts in Florida, discuss and Regional Office at least ten (10) working presented to it concerning capability of days before the scheduled date of the qualified nonprofit agencies to provide review the report on immigration in Florida, and review civil rights meeting. the services and impact of the additions The meeting will be conducted on the current or most recent developments in the State. Persons desiring additional pursuant to the provisions of the rules contractors, the Committee has information, or planning a presentation and regulations of the Commission. determined that the services listed to the Committee, should contact Bobby Dated at Washington, DC, April 19, 1999. below are suitable for procurement by D. Doctor, Director of the Southern Carol-Lee Hurley, the Federal Government under 41 U.S.C. Regional Office, 404–562–7000 (TDD 46–48c and 41 CFR 51–2.4. I certify that Chief, Regional Programs Coordination Unit. 404–562–7004). Hearing-impaired the following action will not have a [FR Doc. 99–10268 Filed 4–22–99; 8:45 am] persons who will attend the meeting significant impact on a substantial BILLING CODE 6335±01±P and require the services of a sign number of small entities. The major language interpreter should contact the factors considered for this certification Regional Office at least ten (10) working were: DEPARTMENT OF COMMERCE 1. The action will not result in any days before the scheduled date of the additional reporting, recordkeeping or meeting. The meeting will be conducted Foreign-Trade Zones Board other compliance requirements for small pursuant to the provisions of the rules entities other than the small [Order No. 1036] and regulations of the Commission. organizations that will furnish the services to the Government. Dated at Washington, DC, April 16, 1999. Grant of Authority for Subzone Status; 2. The action will not have a severe Carol-Lee Hurley, PFIZER Inc.(Pharmaceuticals); economic impact on current contractors Chief, Regional Programs Coordination Unit. Brooklyn, New York for the services. [FR Doc. 99–10269 Filed 4–22–99; 8:45 am] Pursuant to its authority under the 3. The action will result in BILLING CODE 6335±01±P Foreign-Trade Zones Act of June 18, authorizing small entities to furnish the 1934, as amended (19 U.S.C. 81a–81u), services to the Government. the Foreign-Trade Zones Board (the 4. There are no known regulatory COMMISSION ON CIVIL RIGHTS alternatives which would accomplish Board) adopts the following Order: the objectives of the Javits-Wagner- Agenda and Notice of Public Meeting Whereas, the Foreign-Trade Zones Act O’Day Act (41 U.S.C. 46–48c) in of the West Virginia Advisory provides for ‘‘* * * the connection with the services proposed Committee establishment* ** of foreign-trade for addition to the Procurement List. zones in ports of entry of the United Accordingly, the following services Notice is hereby given, pursuant to States, to expedite and encourage are hereby added to the Procurement the provisions of the rules and foreign commerce, and for other List: regulations of the U.S. Commission on purposes,’’ and authorizes the Foreign- Civil Rights, that a meeting of the West Trade Zones Board to grant to qualified Base Supply Center and Operation of Virginia Advisory Committee to the corporations the privilege of Individual Equipment Element Store Commission will convene at 9:30 a.m. establishing foreign-trade zones in or Moody Air Force Base, Georgia and adjourn at 5:00 p.m. on June 14, adjacent to U.S. Customs ports of entry; Duplicating Service 1999, at the West Virginia University Whereas, the Board’s regulations (15 U.S. Army Corps of Engineers, Baltimore, Maryland College of Law, Lugar Courtroom, 100A CFR part 400) provide for the Law Center, Morgantown, West Virginia establishment of special-purpose Janitorial/Custodial Federal Building #4, 4401 Suitland Road, 26506. The Committee will hold a subzones when existing zone facilities Suitland, Maryland community forum with government, cannot serve the specific use involved; community, and disability right leaders Whereas, the City of New York, This action does not affect current to discuss (1) challenges facing persons grantee of Foreign-Trade Zone 1, has contracts awarded prior to the effective with disabilities in the areas of made application to the Board for date of this addition or options that may employment and public authority to establish special-purpose be exercised under those contracts. accommodation, and (2) civil rights subzone status at the pharmaceutical Beverly L. Milkman, issues unique to the north-central region manufacturing plant of Pfizer Inc., Executive Director. of the State. In addition to invited located in Brooklyn, New York (FTZ [FR Doc. 99–10274 Filed 4–22–99; 8:45 am] panelists, an open session will allow Docket 49–98, filed 11/3/98, amended BILLING CODE 6353±01±P members of the public to present their 1/12/99);

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Whereas, notice inviting public Now, Therefore, the Board hereby the Florida Department of comment was given in the Federal orders: Environmental Protection (DEP) which Register (63 FR 63451, 11/13/98); and, The application to expand FTZ 183- adds 17,521 acres to Reserve Whereas, the Board adopts the Site 3 and to expand the scope of FTZ boundaries. This addition extends the findings and recommendations of the manufacturing authority with respect to floodplain portion of the Reserve to the examiner’s report, and finds that the computer products is approved, subject east and west. The expansion also requirements of the FTZ Act and to the Act and the Board’s regulations, includes 34,487 of Northwest Florida Board’s regulations are satisfied, and including Section 400.28, and subject to Water Management District (NWFWMD) that approval of the application, as the Board’s standard 2,000-acre floodplain lands bordering the Reserve’s amended, is in the public interest; activation limit. northern boundary. The inclusion of Now, Therefore, the Board hereby Signed at Washington, DC, this 7th day of these lands expands the Reserve to Mile grants authority for subzone status at the April 1999. Marker 52 on the Apalachicola River. pharmaceutical manufacturing plant of Robert S. LaRussa, The lands and waters of the Reserve are Pfizer Inc., located in Brooklyn, New Assistant Secretary of Commerce for Import all contiguous and the boundary York (Subzone 1A), at the location Administration, Alternate Chairman, Foreign- expansion affords the Reserve described in the application, and subject Trade Zones Board. considerably more influence in river to the FTZ Act and the Board’s [FR Doc. 99–10129 Filed 4–22–99; 8:45 am] basin issues. regulations, including § 400.28. BILLING CODE 3510±DS±M The management plan revision places Signed at Washington, DC, this 7th day of seven small but important tracts totaling April 1999. 419 acres under ANERR’s management. DEPARTMENT OF COMMERCE Robert S. LaRussa, As a result, the Reserve now has lead- Assistant Secretary of Commerce for Import National Oceanic and Atmospheric role management on 21,480 of the Administration, Alternate Chairman, Foreign- 246,766 acres. The remainder is Trade Zones Board. Administration managed under Cooperative Agreements [FR Doc. 99–10130 Filed 4–22–99; 8:45 am] National Estuarine Research Reserve with GFC and NWFWMD. BILLING CODE 3510±DS±P System 2. The revised management plan AGENCY: Estuarine Reserves Division, includes the addition of three DEPARTMENT OF COMMERCE Office of Ocean and Coastal Resource permanent state positions to the ANERR Management, National Ocean Service, staff; one each in research, education Foreign-Trade Zones Board National Oceanic and Atmospheric and resource management. There has also been an increase in state support [Order No. 1035] Administration, U.S. Department of Commerce. for temporary employees. Expansion of Foreign-Trade Zone 183 ACTION: Notice of approval and 3. Under a NOAA matching grant, the and Expansion of Scope of availability of revision to the final ANERR has constructed a new Manufacturing Authority (Computer revised management plan for the Administrative/Research facility. The Products) Within FTZ 183, Austin, TX Apalachicola National Estuaries 8,000 square foot building has 4,000 Research Reserve, 1999–2004. square feet of office space, a 1,000 Pursuant to its authority under the square foot laboratory and 3,000 square Foreign-Trade Zones Act of June 18, SUMMARY: Notice is hereby given that feet of maintenance shop. 1934, as amended (19 U.S.C. 81a–81u), the Estuarine Reserves Division, Office the Foreign-Trade Zones Board (the of Ocean and Coastal Resource 4. The revised management plan Board) adopts the following Order: Management, has approved the revised demonstrates continued strong support Whereas, the Foreign-Trade Zone of Management Plan for the Apalachiocola from the Florida DEP and NOAA for Central Texas, Inc., grantee of Foreign- National Estuarine Research Reserve research, monitoring and education Trade Zone 183, submitted an (ANERR). The ANERR was designated programs. The Resource Management application to the Board for authority to in 1979 and has been operating under a section of the management plan expand FTZ 183-Site 3 at the High-Tech Management Plan approved on August describes the Reserve’s expanded role in Corridor site and to expand scope of 27, 1993. Pursuant to section 315 of the the management of upland resources. FTZ manufacturing authority (computer Coastal Zone Management Act, 16 ANERR staff will now be involved with products) for Dell Computer U.S.C. 1461, and 921.33(c) of the prescribed burning, dump-site cleanup, Corporation within FTZ 183, Austin implementing regulations, a state must opening lands to the public and exotic Texas, within the Austin Customs port revise its management plan at least plant control. of entry (FTZ Docket 30–98; filed 6/11/ every five years, or more often if Copies of the document can be 98); necessary. This revision is Florida’s obtained from the Apalachicola Whereas, notice inviting public effort to comply with this requirement. National Estuarine Research Reserve, comment was given in the Federal The revisions to the ANERR 350 Carroll Street, Eastpoint, Florida Register (63 FR 34145, 6/33/98) and the Management Plan include: 32368. (850) 670–4783. application has been processed 1. The revised management plan pursuant to the FTZ Act and the expands the Reserve boundaries from FOR FURTHER INFORMATION CONTACT: Boards’s regulations; and, 193,758 acres to a total of 246,766 acres. Nathalie Peter, OCRM, Estuarine Whereas, the Board adopts the The newly incorporated lands were Reserves Division, 1305 East-West findings and recommendations of the previously described in the 1993 Highway, 11th Floor (N/ORM5), Silver examiner’s report, and finds that the ANERR. Management Plan Revision as Spring, Maryland 20910. (301) 713– requirements of the FTZ Act and proposed areas for boundary expansion. 3132, Extension 119. Board’s regulations are satisfied, and The Florida Game and Fresh Water Fish Federal Domestic Assistance Catalog Number that the proposal is in the public Commission (GFC) amended an existing 11.420 (Coastal Zone Management) Research interest; Memorandum Of Understanding with Reserves

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Dated: April 14, 1999. regulations at 15 CFR Part 921. The Instruction 5090.1B; and Executive Ted Lillestolen, Reserve duly received certification from Order 12114, announces its decision to Deputy Assistant Administrator for Ocean the State of Alaska Coastal Zone enhance the Pacific Missile Range Services and Coastal Zone Management. Management Program that Reserve Facility’s (PMRF) capability to [FR Doc. 99–10248 Filed 4–22–99; 8:45 am] designation is consistent to the accommodate the Department of the BILLING CODE 3510±08±M maximum extent practicable with its Navy Theater Ballistic Missile Defense program. A copy of the official Record (TBMD) and Department of Defense of Decision is available for public (DOD) Theater Missile Defense (TMD) DEPARTMENT OF COMMERCE review from NOAA’s Office of Ocean testing, evaluation, and training. These and Coastal Resource Management at enhancements of PMRF capabilities National Oceanic and Atmospheric the address below. were described in the preferred Administration FOR FURTHER INFORMATION CONTACT: alternatives in the Pacific Missile Range Facility Enhanced Capability Final Notice of Designation of the Jacques Laurie McGilvray (301) 713–3155, Estuarine Reserves Division, Office of Environmental Impact Statement (EIS) Cousteau National Estuarine Research of December 18, 1998. Reserve at Mullica River and Great Ocean and Coastal Resource Management, National Ocean Service, This decision adopts both the Bay, New Jersey; and the Kachemak continuation of current PMRF functions Bay National Estuarine Research NOAA, 1305 East West Highway, N/ ORM5, Silver Spring, MD 20910. A copy and the development of new sites and Reserve, Alaska implementation of new activities. of the Record of Decision for each Existing PMRF functions include range AGENCY: Estuarine Reserves Division, Reserve is available upon request. Office of Ocean and Coastal Resource and land-based training and operations, Management, National Ocean Service, Federal Domestic Assistance Catalog research, development, test, and Number 11.420 (Coastal Zone Management) evaluation (RDT&E), and ongoing base National Oceanic and Atmospheric Research Reserves Administration, U.S. Department of operations and maintenance activities. Dated: April 16, 1999. Commerce The new sites and activities adopted Nancy Foster, ACTION: Notice of designation. include construction and modification Assistant Administrator for Ocean Services of target and interceptor launch SUMMARY: Notice is hereby given that and Coastal Zone Management. facilities, launches of target and the National Oceanic and Atmospheric [FR Doc. 99–10282 Filed 4–22–99; 8:45 am] interceptor missiles by air, land and/or Administration (NOAA), U. S. BILLING CODE 3510±08±P sea, construction and modification of Department of Commerce, has instrumentation facilities, construction designated certain lands and waters of of support facilities, and transportation the Mullica River-Great Bay estuary in DEPARTMENT OF DEFENSE of missile propellant. Locations that will New Jersey as the Jacques Cousteau be affected by this decision are PMRF National Estuarine Research Reserve at Department of the Navy (PMRF/Main Base, Restrictive Mullica River and Great Bay, and has Easement; Makaha Ridge; Kokee; designated certain lands and waters of Record of Decision for Pacific Missile Kamokala Magazines; and Port Allen, Kachemak Bay in Alaska as the Range Facility Enhanced Capability Kauai) PMRF support sites (Niihau; Kachemak Bay National Estuarine Kaula; Maui Space Surveillance System, AGENCY: Department of the Navy, Research Reserve. Maui; Kaena Point, Oahu; Wheeler Department of Defense. On April 3, 1998, Under Secretary of Network Segment Control/PMRF Commerce for Oceans and Atmosphere ACTION: Notice of record of decision. Communications Sites, Oahu; D. James Baker, signed findings of Department of Energy Communication SUMMARY: The Department of the Navy, designation for the Jacques Cousteau Sites, Kauai and Oahu; and the Ocean after carefully weighing the operational National Estuarine Research Reserve in Area inside and outside of U.S. territory. and environmental consequences, New Jersey pursuant to Section 315 of Tern Island and Johnston Atoll were announces its decision to enhance the the Coastal Zone Management Act of eliminated as sites in the Final EIS. 1972, as amended, 16 U.S.C. 1461, and Pacific Missile Range Facility’s (PMRF) Related State of Hawaii decisions will its implementing regulations at 15 CFR capability to permit accommodation of permit the use of State lands in Part 921. The Reserve duly received the Department of the Navy Theater proximity to PMRF to support missile certification from the State of New Ballistic Missile Defense (TBMD) and launch and storage requirements. These Jersey Coastal Zone Management Department of Defense (DOD) Theater State decisions will allow the U.S. Program that Reserve designation is Missile Defense (TMD) testing, Government to: (1) Continue to exclude consistent to the maximum extent evaluation, and training. non-participants from the ground practicable with its program. A copy of FOR FURTHER INFORMATION CONTACT: hazard area during missile launches at the official Record of Decision is Ms. Vida Mossman, Pacific Missile PMRF, (2) permit the Navy to construct available for public review from Range Facility, P.O. Box 128, Kekaha, additional ordnance storage facilities to NOAA’s Office of Ocean and Coastal Kauai, Hawaii, 96752–0128, telephone accommodate missile storage Resource Management at the address number (808) 335–4740. requirements, and (3) establish and below. SUPPLEMENTARY INFORMATION: The text of maintain safety zones around the On February 12, 1999, Under the entire Record of Decision (ROD) is ordnance storage facilities. Secretary of Commerce for Oceans and provided as follows: Atmosphere D. James Baker, signed The Department of the Navy, pursuant Process findings of designation for the to section 102(2)(c) of the National The Navy has complied with all Kachemak Bay National Estuarine Environmental Policy Act (NEPA) of applicable Executive Orders including Research Reserve in Alaska pursuant to 1969; the Council on Environmental consideration of the environmental Section 315 of the Coastal Zone Quality regulations implementing NEPA effects of its actions outside the United Management Act of 1972, as amended, procedures, 40 CFR parts 1500–1508; States or its territories under the 16 U.S.C. 1461, and its implementing SECNAVINST 5090.6; OPNAV provisions of Executive Order 12114

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(Environmental Effects Abroad of Major which are in place to protect the Target Missile Launches Federal Actions) and the requirements environment without any of the The preferred methods of delivering of Executive Order 12898 (Federal enhancements included within the target missiles are from aircraft and from Actions to Address Environmental proposed action. The no-action land areas at PMRF/Kauai Test Facility. Justice in Minority Populations and Low alternatives was not selected because it Target launches from a mobile sea Income Populations). fails to build capability sufficient to platform or barge will also be used if The Notice of Intent and the State of meet the Navy TBMD and other DOD required to satisfy mission Hawaii EIS Preparation Notice were TMD mission requirements. The no- requirements. Target launch facilities, published in both the Federal Register action alternative is the environmentally consisting of launch pads and (62 FR 28451) and The Environmental preferred alternative. supporting facilities, will be built at Notice, a semi-monthly bulletin of the Action Selected PMRF and/or Niihau as and when State of Hawaii Office of Environmental program requirements are identified. Quality Control, on May 23, 1997. The selected action was presented as Notification of public scoping was also the Preferred Alternative in the EIS. It Interceptor Launches made through local media, as well as includes continued testing and training The Navy will launch interceptor through letters to Federal, State, and activities as currently conducted with missiles in the open ocean from existing local agencies and officials, and the addition of facilities enhancements. ships. Missile launch capabilities will interested groups and individuals. Four The enhancements are described more also be established on PMRF for other public scoping meetings were held in particularly below. As noted above, the land based DOD interceptor systems Hawaii from June 17–23, 1997. In decision also includes pursuit of when required, and will include the use addition a similar but modified meeting modification of existing restrictive of the existing Strategic Target System was held for the residents of Niihau. easements with the State of Hawaii to (STARS) launch site. If program The notice of Availability of the Draft support missile launches and requirements are identified, interceptor EIS was published in The acquisition, either through lease or launch facilities on Niihau will be Environmental Notice on April 8, 1998 purchase, of State lands located in developed at sites A and/or K in and in the Federal Register (63 FR proximity to PMRF to support missile addition to the target launch facilities at 17857) on April 10, 1998. Public storage requirements. those sites. hearings were conducted at Waimea, Kauai, and Honolulu, Oahu, Hawaii, on Actions Associated With the Decision Real Property April 25 and 28, 1998, respectively. A Support Facilities The U.S. Navy will request the State meeting was held on Niihau for the of Hawaii to extend the existing residents on April 23, 1998. The Navy will construct, renovate, Restrictive Easement at PMRF to Approximately 210 individuals, and modify support facilities at PMRF, December 31, 2030 and to revise the agencies, and organizations submitted Kamokala Magazines, Makaha Ridge, easement to include launches of comments on the Draft EIS. The Final Kokee, and Niihau. Enhancements at additional target missiles. Current EIS addressed all oral and written PMRF will be construction of temporary limitations on closures per year or comments. The Notice of Availability storage areas for liquid propellant and a length of closures will not change. The for the Final EIS was published in the new missile assembly building. Navy will also acquire, through lease or Federal Register on December 18, 1998 Enhancements at Kamokala Magazines purchase, State of Hawaii property and in The Environmental Notice on will be construction of two new missile adjacent to the Kamokala Magazines on December 23, 1998. Articles also storage buildings, with security fencing which to build two missile storage appeared in the Kauai and Oahu and associated road improvements on magazines and establish an associated newspapers announcing the release and land acquired, through lease or safety area. summarizing the results of the Final purchase, from the State of Hawaii. Propellant Transport EIS. Copies of the Final EIS were mailed Makaha Ridge and Kokee enhancements to all those agencies, organizations and consist of improvements to radar and The Navy will transport liquid missile individuals who had provided associated instrumentation support propellants to PMRF by air if the comments and had requested a copy of facilities. Enhancements at Niihau will appropriate transportation waivers can the Final EIS. be construction of target launch be obtained. If waivers cannot be facilities at sites A and/or K, along with obtained, the Navy will transport the Alternatives Considered reinforced operations shelters, liquid propellants by sea directly to The alternatives considered were associated road improvements, and PMRF. At this time transportation of based upon Navy testing requirements construction of an airstrip at site M on liquid propellants to PMRF by road is and included sites within a 1200- Niihau. These enhancements will be not anticipated. if, in the future, kilometer radius of PMRF that were initiated when program requirements transport of liquid propellants on public accessible and could be safely used for for PMRF are identified. roads should become necessary, the testing. These alternatives were the no- Instrumentation Navy will consult with the Hawaii action alternative and the preferred Department of Transportation and the alternative adopted in this decision. This decision includes installation of Governor’s staff prior to any shipments new and upgraded radars, telemetry, on the public roads. No-Action Alternative and instrumentation at PMRF, Makaha The no-action alternative was the Ridge, and Kokee. On Niihau, the Navy Environmental Impacts continuation of all components of will install additional instrumentation The Navy analyzed the potential existing range and land-based and telemetry as well as operate an impacts of the selected action in 14 operations, existing RDT&E activities Aerostat from site C and one of four resources areas: air quality, airspace, and training, ongoing base operations other sites (F, G, H, or I) when program biological resources, cultural resources, maintenance of technical and logistical requirements are identified. This geology and soils, hazardous materials facilities, and those mitigation measures decision also includes operation of an and hazardous waste, health and safety, and standard operating procedures Aerostat from a mobile sea platform. land use, noise, socioeconomics,

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With regard to the significant impacts wildlife species, and will conduct The Navy also considered the action’s described above, the Navy will ensure checks of equipment and personnel to potential for cumulative effects and that the following mitigation measures minimize the risk of inadvertent pest ensured consistency with federal described below are implemented. transportation to the island. policies addressing environmental In addition to implementing the above justice and federal actions in areas Geology and Soils mitigation measures for significant outside the territorial limits of the U.S. To minimize impacts to geology and impacts, the Navy will ensure the This decision when implemented will soil at Kaula, the Navy will limit following mitigation measures are have significant impacts on airspace targeting for air-to-surface weapons implemented to avoid potential above Niihau and biological resources at delivery to the southeast tip of the significant impacts: Niihau. Ongoing Navy activities will island. This area constitutes Air Quality continue to have significant impacts on approximately eight percent of the geology and soils at Kaula and on the landmass of the island. The Navy is To protect the air quality during any non-potable water supplies at Makaha planning no new activities for Kaula. construction activities, standard Ridge and Kokee Park. Impacts on all construction practices will be followed other resources or functions analyzed Non-Potable Water to control fugitive dust emissions. These will be less than significant. To minimize impact on the water practices may include periodic wetting supply at Makaha Ridge and Kokee, the of disturbed soils. Geology and Soils Navy will continue existing water Airspace Ongoing air-to-surface weapons conservation measures in coordination delivery training being conducted at the with the State of Hawaii. The State To prevent indirect impacts to southeast end of Kaula has caused Parks Department has drilled a new airspace use in the Ocean Area, PMRF permanent adverse soil and geologic water well at Kokee Park that will be will keep the public and pilots informed effects associated with rock shattering online within one to two years, and of activity that affects airspace use. explosions and the presence of both live significant impacts associated with PMRF will annually evaluate flight and inert ordnance. water supply will be reduced. activities, including missile launch activities, and review mission changes Non-Potable Water Airspace with respect to supersonic operations, to Ongoing test activities at Makaha Use of Notice of Airmen notification ensure that every effort is being made to Ridge and Kokee Park will continue to will minimize the impact to aircraft reduce any adverse indirect impacts. have an adverse impact on the non- transiting Niihau. Biological Resources potable water supply system. Biological Resources To protect biological resources at Airspace To protect biological resources at PMRF/Main Base, the following existing Activation of new operating areas Niihau during construction, PMRF will mitigation measures will be continued: over Aerostat sites or missile launch use the measures discussed below, (1) Discourage albatross from nesting on sites on Niihau have the potential to developed through consultation with base, (2) reduce impacts on the Newell impact the V–16 low altitude airway the U.S. Fish and Wildlife Service and shearwater by the use of protective light that crosses the middle of the island. the National Marine Fisheries Service shields, (3) monitor the beaches to When program requirements are under the requirements of Section 7 of identify and avoid turtle nesting before identified, the Navy will request that a the Endangered Species Act. amphibious landings, and (4) monitor new Restricted Area be established by The National Marine Fisheries beaches to identify and avoid monk the Federal Aviation Administration. Service, in a decision letter issued on seals prior to test activities. To protect The Restricted Area will surround the October 21, 1998, concluded that the biological resources at Makaha Ridge proposed sites that lie within the proposed actions would ‘‘not likely and Kokee, protective shielding will be boundaries of the airway. Whenever an adversely affect listed species’’. The used for any new outdoor lighting. To operation is scheduled, the new U.S. Fish and Wildlife Service, in a protect biological resources at the Restricted Area will be activated, and decision letter issued on October 22, Kamokala Magazines, PMRF will install air traffic using the V–16 airway will be 1998, concurred with the findings of the light shields (if any site is lighted at required to use an alternate flight Navy’s Biological Assessment and stated night) to reduce effects on the Newell course. This represents a potentially that the proposed action is ‘‘not likely shearwater. To protect biological significant adverse impact, as defined to adversely affect endangered or resources at Kaula, PMRF will use the by the Federal Aviation Administration, threatened species.’’ area seasonally, when marine mammals on other regional airways. During operations PMRF will ensure are not present, and will survey waters beaches are monitored for the presence off the island, delaying or moving Biological Resources of monk seals and green sea turtles, and operations if marine mammals are Additional traffic at the existing either wait for their departure or found. The impact area will continue to logistics landing sites and other landing conduct landings elsewhere. PMRF will be on the south end of the island only. craft landing areas on Niihau may provide fire suppression equipment at To protect biological resources in disturb monk seals that haul out to bask, launch sites and will restrict project Open Ocean areas, PMRF will use or possibly pup, on the sandy beach personnel to the facilities where their standard range warning and checking areas. Disturbance of green sea turtle responsibilities will be carried out. procedures to check for concentrations nesting sites at the existing logistics PMRF will obtain prior approval from of marine mammals in hazard areas. If landing sites and other sandy beach the landowner for all site alterations. marine mammals are present, the Flight areas could also occur. The monk seal Prior to construction of an airstrip, Safety Officer will determine whether to is a federally listed endangered species PMRF will develop a bird aircraft strike continue, delay, or move the test, as and and the green sea turtle is a federally hazard plan to avoid bird impacts to if necessary for protection of the listed threatened species. aircraft. PMRF will also take measures animals.

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The Navy plans to continue periodic with the provisions of the lease with the suggested that the Navy document, in monitoring of bird populations on Kaula State of Hawaii. the Record of Decision, any mitigation with assistance from the State of Hawaii measures it intends to implement. This Land Use Department of Land and Natural Record of Decision provides that Resources and the U.S. Fish & Wildlife To protect land resources on Niihau, documentation. Two comment letters Service. PMRF will work with the landowner or were received from individuals who Niihau residents to minimize operations disagreed with the conclusions of the Cultural Resources that might exclude residents from Final EIS. The subject of one of the To protect cultural resources, PMRF traditional fishing areas during the best letters was outside the scope of the EIS. will implement the mitigation measures times of day or seasons. The other letter renewed comments that contained in the March 18, 1999 Socioeconomics had been made on the Draft EIS. The Memorandum of Agreement (MOA) comments questioned analysis with the Hawaii State Historic To prevent potential negative techniques used in the Final EIS and Preservation Officer (SHPO) and the socioeconomic impacts on Niihau, expressed concerns about risk of brush Advisory Council on Historic PMRF will periodically review and fires and U.S. treaty implications. Preservation. Concerning Niihau, the strengthen the protection protocol to Responses have been provided in the MOA requires the involvement of the help reduce construction and Final EIS, and some are reflected in this island’s proprietors, the residents of operational impacts, and provide Record of Decision. Niihau, and the SHPO in determining cultural sensitivity training to off-island Conclusions the nature and scope of surveys to personnel who may come into contact identify potential impacts to historic with Niihau residents. To benefit the On behalf of the Department of the properties, including traditional cultural residents, the maximum feasible Navy, I have selected the Preferred properties. The MOA also requires number of Niihau residents will be Alternative of the PMRF EIS for appropriate mitigation measures in the employed. implementation as set out in this Record event that there are potentially adverse Transportation of Decision. In determining whether and impacts to such properties from PMRF’s how to enhance the capabilities of the To prevent minor ongoing actions on Niihau. PMRF, I considered the following: transportation impacts (access to existing assets and capabilities of PMRF; Geology and Soils Polihale Park) expected as a result of the Navy and DOD operational, testing, implementation of the action within the To protect geological and soil and training requirements; range Restrictive Easement, PMRF will: (1) resources at PMRF/Main Base and improvements necessary to support Issue advance warnings of closures to Niihau, the following mitigation PMRF as a TBMD test site; citizens, (2) minimize closure times, and measures will be implemented: (1) environmental impacts; costs associated (3) reopen road access as soon as PMRF will not launch solid propellant with construction of facilities, the possible. Such actions shall be taken in missiles when it is raining, (2) A water operation and maintenance of ships and accordance with the provisions of the deluge system for cooling or noise aircrafts, and training of personnel; and state lease. suppression will not be employed, (3) comments received during the EIS Excavated material will be watered Visual and Aesthetic Resources process. After carefully weighing all of these frequently, and (4) Soil additivities will To protect visual resources at PMRF/ factors and analyzing the data presented be used to bond exposed surface soils Main Base and Niihau, PMRF will in the Final EIS, I have determined that when necessary. maintain as much natural vegetation the Preferred Alternative best meets the To protect geological and soil around existing launch pads and newly requirements for the enhancement of the resources at PMRF/Mail Base, Makaha constructed facilities as safety will capabilities at PMRF. Ridge, Kokee, Kamokala Magazines, and allow. Emphasis will be placed along Niihau from erosion, PMRF will: (1) the ocean side of the launch pads and Dated: April 14, 1999. Minimize areas exposed during digging, newly constructed facilities. To Duncan Holaday, (2) use soil stabilizers and sandbags, (3) minimize impacts to visual resources at Deputy Assistant Secretary of the Navy, add covering to slopes, and (4) the Kamokala Magazines, the storage Installations and Facilities. revegetate slopes as necessary. magazines will be covered with earth [FR Doc. 99–10241 Filed 4–22–99; 8:45 am] Hazardous Materials and Waste material except for entrance doors that BILLING CODE 5000±01±M will face the cliffs outside of public PMRF will extend main base waste view. Grass and other limited height management procedures to include vegetation will be allowed to grow on Niihau. Hazardous materials will not be the storage magazines to help reduce DEPARTMENT OF EDUCATION permanently stored at Niihau, and erosion. To minimize aesthetic effects hazardous wastes generated by Navy on Niihau, PMRF will use earth-toned Submission for OMB Review; and other DOD activities will be paint on all structures. Comment Request shipped from Niihau for proper disposal. PMRF will construct all Response to Comments Received AGENCY: Department of Education. launch pads and storage devices with Regarding the Final EIS SUMMARY: The Acting Leader, containment or sump systems to contain The Department of Navy received Information Management Group, Office any potential spills and will conduct three comment letters on the Final EIS, of the Chief Information Officer invites any required remediation. The U.S. Environmental Protection comments on the submission for OMB Agency (EPA) withdrew environmental review as required by the Paperwork Health and Safety objections raised during comments on Reduction Act of 1995. In the Restrictive Easement, PMRF the Draft EIS upon the removal of Term DATES: Interested persons are invited to will continue to clear the easement area Island and Johnston Atoll from the sites submit comments on or before May 24, during missile launches, in accordance under consideration. The EPA further 1999.

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ADDRESSES: Written comments should Dated: April 20, 1999. appropriate to issue this revised draft be addressed to the Office of William E. Burrow, HRA–EIS. Since land use was an Information and Regulatory Affairs, Acting Leader, Information Management objective of the previous draft EIS, no Attention: Danny Werfel, Desk Officer, Group, Office of the Chief Information Officer. further scoping meetings are required. The 1996 Draft HRA–EIS focused on Department of Education, Office of Office of Postsecondary Education Management and Budget, 725 17th developing an overall strategy for Street, N.W., Room 10235, New Type of Review: New. remediating the Hanford Site and Title: TRIO Dissemination Program. Executive Office Building, Washington, included a proposed land use plan as an Frequency: Annually. appendix; the revised Draft HRA–EIS D.C. 20503 or should be electronically Affected Public: Not-for-profit mailed to the internet address focuses only on land use planning. To institutions; State, local or Tribal Gov’t, reflect this reduction in scope, DOE is [email protected]. Requests SEAs or LEAs. for copies of the proposed information soliciting comments on changing the Reporting and Recordkeeping Burden: name of this EIS to the Hanford collection requests should be addressed Responses: 50. Comprehensive Land-Use EIS as well as to Patrick J. Sherrill, Department of Burden Hours: 2,250. on the contents of the Revised Draft Abstract: The TRIO Dissemination Education, 400 Maryland Avenue, S.W., HRA–EIS. The draft HRA–EIS evaluates Program provides grants to enable TRIO Room 5624, Regional Office Building 3, five ‘‘action alternatives,’’ each of which projects to work with other institutions Washington, D.C. 20202–4651, or represents a Federal, State, local agency, and agencies that serve first-generation, should be electronically mailed to the or Tribe’s preferred land-use alternative, l low-income persons in replicating or internet address Pat [email protected], and also evaluates a ‘‘no-action adapting successful TRIO program or should be faxed to 202–708–9346. alternative’’ of continuing current land components and practices. use practices. DOE’s preferred FOR FURTHER INFORMATION CONTACT: The application package is available alternative for future uses of the Patrick J. Sherrill (202) 708–8196. on the Department’s web site: http:// Hanford Site includes consolidating Individuals who use a www.ed.gov/offices/OPE/OHEP/hepss/ waste management operations in the telecommunications device for the deaf dissem/ (TDD) may call the Federal Information Comments regarding this package may Central Plateau; allowing industrial development in the eastern and Relay Service (FIRS) at 1–800–877–8339 be submitted to the following electronic southern portions of the site; increasing between 8 a.m. and 8 p.m., Eastern time, mailbox: [email protected]. recreational access to the Columbia Monday through Friday. This information collection is being submitted under the Streamlined River; and expanding the Saddle SUPPLEMENTARY INFORMATION: Section Clearance Process for Discretionary Mountain National Wildlife Refuge to 3506 of the Paperwork Reduction Act of Grant Information Collections (1890– include all of the Wahluke Slope. 1995 (44 U.S.C. Chapter 35) requires 0001). Therefore, this 30-day public DATES: The public comment period that the Office of Management and comment notice will be the only public begins today and concludes on June 7, Budget (OMB) provide interested comment notice published for this 1999. DOE invites Federal agencies, Federal agencies and the public an early information collection. Native American Tribes, State and local opportunity to comment on information governments, and the public to [FR Doc. 99–10240 Filed 4–22–99; 8:45 am] collection requests. OMB may amend or comment on the Revised Draft HRA– BILLING CODE 4000±01±P waive the requirement for public EIS. DOE will consider all timely consultation to the extent that public comments in preparing the Final EIS, participation in the approval process and will consider comments provided DEPARTMENT OF ENERGY would defeat the purpose of the after the close of the comment period to information collection, violate State or Notice of Availability: Revised Draft the extent practicable. Federal law, or substantially interfere Hanford Remedial Action Public information meetings and with any agency’s ability to perform its Environmental Impact Statement and hearings will be held during the statutory obligations. The Acting Comprehensive Land-Use Plan comment period. Leader, Information Management May 18, 1999: State Office Building, AGENCY: Group, Office of the Chief Information Department of Energy. 800 NE Oregon Street, Portland, Oregon. Officer, publishes that notice containing ACTION: Notice of availability. DOE will conduct informal information session from 6 to 7 p.m., followed by a proposed information collection SUMMARY: The U.S. Department of public hearing beginning at 7 p.m. requests prior to submission of these Energy (DOE) announces the availability requests to OMB. Each proposed of the Revised Draft Hanford Remedial May 20, 1999: Shilo Inn, 50 Comstock information collection, grouped by Action Environmental Impact Statement Road, Richland, Washington. DOE will office, contains the following: (1) Type and Comprehensive Land-Use Plan conduct informal information session of review requested, e.g. new, revision, (HRA–EIS), DOE/EIS–0222D, for public from 3 to 5 p.m. and from 6 to 7 p.m., extension, existing or reinstatement; (2) review. The proposed action is to followed by a public hearing beginning Title; (3) Summary of the collection; (4) establish a comprehensive land use plan at 7 p.m. Description of the need for, and for the next 50 years for the Hanford June 3, 1999: Ridpath Hotel, West 515 proposed use of, the information; (5) Site near Richland, Washington. This Sprague Avenue, Spokane, Washington. Respondents and frequency of EIS identifies alternative future land DOE will conduct informal information collection; and (6) Reporting and/or uses for the Hanford Site and discusses session from 6 to 7 p.m., followed by a Recordkeeping burden. OMB invites the potential associated environmental public hearing beginning at 7 p.m. public comment at the address specified impacts. Because DOE has significantly In addition, during the comment above. Copies of the requests are revised the scope of the HRA–EIS and period DOE will participate in public available from Patrick J. Sherrill at the alternatives considered in response to involvement activities sponsored by the address specified above. comments received on the draft EIS other cooperating agencies, at times and published in August 1996, it is locations to be determined.

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ADDRESSES: Written comments on the 230 commenters on the August 1996 Agricultural, Research and Revised Draft HRA–EIS may be mailed Draft HRA–EIS. These comments, as Development, High-Intensity to Mr. Thomas W. Ferns, DOE National well as transcripts from the public Recreation, Low-Intensity Recreation, Environmental Policy Act Document hearing, are included in the Comment Conservation (Mining and Grazing), Manager, U.S. Department of Energy, and Response Volume of the Revised Conservation (Mining), and Richland Operations Office, PO Box Draft HRA–EIS. A summary of the Preservation. 550, MSIN HO–12, Richland, Comment-Response Volume is provided The cooperating agencies and Washington 99352–0550. Comments as Appendix F of the Revised Draft consulting Tribal governments also also may be transmitted by fax to 509– HRA-EIS, and the entire Comment- worked together to develop the 376–4360 or by electronic mail to Response Volume is being provided for proposed policies and procedures in [email protected]. public review in local and regional Chapter 6 if the revised draft HRA-EIS FOR FURTHER INFORMATION CONTACT: To information repositories. Several for implementing the Comprehensive request information about the HRA–EIS commenters, including the U.S. Land-Use Plan. These policies would and the public meetings and hearings, Environmental Protection Agency, manage competing land use and or to request copies of the document, urged DOE to change the scope of the resource use goals and objectives; use any of the methods listed in EIS to eliminate consideration of provide for amendments to the ADDRESSES above. (The Revised Draft remedial action alternatives. DOE comprehensive land-use plan where HRA–EIS will also be made available on revised the 1996 draft EIS in accordance necessary; and identify area- and the DOE NEPA Web at http:// with this recommendation. resource-management plans to be developed as part of the land-use plan tis.eh.doe.gov/nepa/ under DOE NEPA Revised Draft HRA–EIS implementation. Analyses and at http:// During the public comment period on www.hanford.gov/eis/hraeis/hraeis.htm the August 1996 Draft HRA–EIS, several Revised Draft HRA–EIS Alternatives on the DOE Hanford Web Site.) When Federal, State, and local agencies and The Revised Draft HRA–EIS presents requesting copies of the document, American Indian Tribes expressed an a set of land-use policies and please specify whether you wish to interest in working with DOE to procedures specific to the Hanford Site. receive only the summary (about 100 establish alternative visions for future It evaluates six alternatives, including a pages), or the entire document including land uses. In response, DOE invited no-action alternative of continuing appendices. For general information representatives of other Federal current land use practices, DOE’s about the DOE National Environmental Agencies, American Indian Tribes, and preferred alternative, and four other Policy Act (NEPA) process, contact: State and local governments to alternatives, each of which represents a Carol Borgstrom, Director, Office of participate in ongoing planning efforts. Federal, State, Tribal, or local agency’s NEPA Policy and Assistance (EH–42), These groups became cooperating preferred set of land uses. DOE’s U.S. Department of Energy, 1000 agencies and consulting Tribal preferred alternative for future uses of Independence Avenue, SW, governments in the preparation of a the Hanford Site includes consolidating Washington, DC 20585–0119. Phone: Revised Draft HRA–EIS. waste management operations in the 202–586–4600, or leave a message at: Central Plateau; allowing industrial 800–472–2756. Fax: 202–586–7031. Cooperating Agencies and Consulting Tribal Governments development in the eastern and SUPPLEMENTARY INFORMATION: southern portions of the site; increasing The cooperating agencies and Background recreational access to the Columbia consulting Tribal governments helping River; and expanding the Saddle DOE published a notice of intent to to prepare the Revised Draft HRA–EIS Mountain National Wildlife Refuge to prepare the HRA–EIS in 1992 (57 FR are: Benton, Franklin, and Grant include all of the Wahluke Slope. 37959; August 21, 1992). The U.S. counties; the City of Richland; and the Environmental Protection Agency U.S. Department of Interior (Bureau of Public Involvement Opportunities (EPA), Washington Department of Land Management, Bureau of DOE has scheduled information Ecology (Ecology), and DOE, in Reclamation, and the U.S. Fish and meetings and public hearings [see cooperation with other interested Wildlife Service). Consulting Tribal DATES] during the comment period that parties, initiated a process to involve governments are the Confederated ends on June 7, 1999. Persons interested stakeholders in the development of a Tribes of the Umatilla Indian in speaking at the hearings may register vision for the future of the Hanford Site. Reservation and the Nez Perce Tribe, at the hearings and will be called on to A committee consisting of Department of Environmental speak on a first-come, first-served basis. representatives of labor, environmental, Restoration and Waste Management. Written comments will also be accepted governmental, agricultural, economic Since March 1997, DOE has worked at the hearings, and speakers are development, citizen-interest groups, with these cooperating agencies and encouraged to provide written versions and Tribal governments was established consulting Tribal governments to of their oral comments for the record. and became known as the Hanford establish a framework for the Oral and written comments will be Future Site Uses Working Group environmental analyses presented in considered equally in preparing the (Working Group). The result of the this Revised Draft HRA–EIS. Substantial Final EIS. DOE intends to complete the Working Group’s efforts, a report titled agreement was reached among the Final HRA–EIS and issue a Record of The Future for Hanford: Uses and cooperating agencies and consulting Decision in November 1999. Cleanup; The Final Report of the Tribal governments on the development Hanford Future Site Uses Working of nine land-use designations and DOE Public Reading Rooms and Group was issued in December 1992, definitions, and on the format for Information Repositories and was submitted to DOE as a formal determining the potential The Revised Draft HRA–EIS and scoping comment for the HRA–EIS. environmental impacts associated with associated reference materials can be DOE issued the Draft HRA–EIS in the land uses carried forward in this found in the following DOE Public August 1996. DOE received more than EIS. The nine land-use designations are: Reading Rooms and Information 2,000 comments from approximately Industrial-Exclusive, Industrial, Repositories:

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• Suzzallo Library, University of regarding the use of this process is still and/or any other participating federal Washington, Government Publications pending; however, contingent on agencies.3 Room, Mail Stop FM–25, Seattle, subsequent Commission approval of the The times and locations of the Washington 98195–2900, phone 206– use of this process, we are proceeding scoping meeting are: 543–4664; with scoping, pursuant to the National • Foley Center, Gonzaga University, E Environmental Policy Act (NEPA) of Evening scoping Morning scoping meeting meeting 502 Boone Avenue, Spokane, 1969, at this time. Washington 99258, phone 509–328– The alternative procedures include May 6, 1999, 7:00 May 7, 1999, 1:00 4220, ext. 3844; provisions for the distribution of an p.m. Multipurpose p.m., King Con- • U.S. Department of Energy Public initial information package, and for the Room, Gustavus ference Room, Reading Room, Washington State cooperative scoping of environmental School, Gustavus, Alaska Dept. of University, Tri-Cities Campus, 100 issues and needed studies. On Alaska. Fish & Game, 802 Sprout Road, Room 130 West, Richland, December 1, 1998, GEC distributed their Third Street, Doug- las Alaska. Washington 99352, (509) 376–8583; initial information document (ICD). On • Branford Price Millar Library, January 19 and 20, 1999, GEC held two All interested individuals, Science and Engineering Floor, Portland public meetings to discuss the ICD and State University, SW Harrison and Park, organizations, and agencies are invited conducted a visit of the proposed and encouraged to attend any or all of Portland, Oregon 97207, phone 503– project site. On April 5, 1999, GEC the meetings to assist in identifying and 725–3690; distributed their Scoping Document 1 clarifying the scope of environmental • U.S. Department of Energy Freedom 2 (SD1). As part of scoping, GEC has issued that should be analyzed in the of Information Reading Room, Forrestal scheduled two public meetings to EA. Building, 1000 Independence Avenue discuss the information presented in SW, Washington, DC 20585, phone 202– SD1, primarily the alternatives and Scoping Meeting Procedures 586–5000. issues to be evaluated in any APEA These scoping meetings will be Issued this 19th day of April 1999. which may be prepared by GEC if it is conducted consistent with the James J. Fiore, subsequently approved to use the ALP procedures used at Commission scoping Acting Deputy Assistant Secretary for in preparation of a license application. meetings. Commission staff will attend Environmental Restoration. In addition to participating in the the meetings on May 6 and 7, 1999. [FR Doc. 99–10193 Filed 4–22–99; 8:45 am] scoping meetings and site visit, These meetings would serve to address Commission staff will use this BILLING CODE 6450±01±P the Commission’s scoping requirements opportunity to answer questions and under NEPA if the applicant is take comments about the use of the subsequently approved to use the ALP. DEPARTMENT OF ENERGY ALP. Participation in these meetings Regardless of whether the applicant’s will not prejudice any rights or future request to use the ALP is approved, the Federal Energy Regulatory participation by the Department of the Commission may reconvene scoping Commission Interior or any of its subsidiary agencies. during the post-filing period if it is needed. [Project No. 11659±000] Scoping Meetings Commenting Deadline Gustavus Electric Company of GEC will hold public scoping Both scoping meetings will be Gustavus, Alaska; Notice of Scoping meetings on May 6 and 7, 1999, pursuant to NEPA. At the scoping recorded and the transcripts will Meetings, Site Visit, and Soliciting become part of the formal record of the Additional Comments on the Request meetings, GEC will: (1) Summarize the environmental issues tentatively proceedings for this project. Those who to Use Alternative Licensing choose not to speak during the scoping Procedures identified for analysis in the EA; (2) outline any resources they believe meetings may instead submit written April 19, 1999. would not require a detailed analysis; comments on the project. written The Federal Energy Regulatory (3) identify reasonable alternatives to be comments should be mailed to: Mr. Commission’s (FERC or Commission) addressed in the EA; (4) solicit from the Richard Levitt, Gustavus Electric Regulations provide applicants with the meeting participants all available Company, P.O. Box 102, Gustavus, AK option of preparing their own information, especially quantitative 99826. Environmental Assessment (EA) for data, on the resources at issue; and (5) All correspondence should be hydropower projects, and filing this encourage statements from experts and postmarked no later than July 7, 1999. applicant prepared environmental the public on issues that should be Comments should show the following assessment (APEA) with their analyzed in the EA. caption on the first page: Scoping Comments, Kahtaheena River (Falls application as part of an alternative GEC has requested to use the ALP and Creek) Project, Project No. 11659. licensing procedure (ALP).1 On prepare an APEA for inclusion in its February 17, 1999, the Commission application; however, there is the Site Visit received a request from Gustavus possibility that an Environmental GEC has scheduled a tour of the Electric Company (GEC) to use the ALP Impact Statement (EIS) would be proposed project site on Thursday, May in the preparation of a license required. If the Commission 6, 1999. This site visit will require application for the proposed subsequently approves the applicant’s Kahtaheena River (Falls Creek) Project, request to use the ALP, these meetings 3 The Glacier Bay National Park Boundary No. 11659. On March 9, 1999, the would serve to satisfy the NEPA scoping Adjustment Act of 1998 designates the National Commission issued a notice requesting requirements, regardless of whether an Park Service (NPS) ad a joint lead agency with the comments on the applicant’s use of this EA or EIS is issued by the Commission Federal Energy Regulatory Commission (FERC) in the preparation of any environmental document process. A Commission decision under NEPA for this project. FERC and NPS have 2 Copies of the ICD and SDI can be obtained by initiated discussions to address how this joint lead 1 81 FERC ¶ 61,103 (1997). calling Lani Joslin at 907–697–2299. designation would be coordinated.

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 19986 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices hiking approximately 5 to 6 miles over Natural Gas Act (18 CFR 157.205) a construction will not increase rugged terrain and it is expected to take protest to the request. If no protest is Distribution’s authorized level of service approximately 6 hours to complete. filed within the time allowed therefore, or the capacity of the station. Those wishing to attend the site visit the proposed activity shall be deemed to National Fuel states that in must notify Richard Levitt of GEC at be authorized effective the day after the connection with this project, it will also (907) 697–2299 by April 30, 1999. Site time allowed for filing a protest. If a be purchasing certain facilities at the visit participants should meet at protest is filed and not withdrawn Vicksburg Station from Distribution, Gustavus Dray Gas Station in Gustavus within 30 days after the time allowed including approximately 200 feet of 20- at 8:30 a.m. or at the end of Rink Creek for filing a protest, the instant request inch inlet piping, a three valve tee Road at 9:00 a.m. shall be treated as an application for (valve numebrs TN3104, TN3105 and For further information please contact authroization pursuant to Section 7 of TN3106), which consists of two 16-inch Richard Levitt of GEC at (907) 697–2299 or the Natural Gas Act. valves and one 20-inch valve, a gas Bob Easton of the Commission at (202) 219– David P. Boergers, heater and a path of the outlet piping 2782. Secretary. and some additional miscellaneous David P. Boergers, [FR Doc. 99–10219 Filed 4–22–99; 8:45 am] downstream piping. National Fuel states Secretary. BILLING CODE 6717±01±M that these facilities will be purchased [FR Doc. 99–10220 Filed 4–22–99; 8:45 am] from Distribution at its net book value, BILLING CODE 6717±01±M which will be approximately $166,800. DEPARTMENT OF ENERGY Any person or the Commission’s staff may, within 45 days after issuance of DEPARTMENT OF ENERGY Federal Energy Regulatory the instant notice by the Commission, Commission file pursuant to Rule 214 of the Federal Energy Regulatory [Docket No. CP99±312±000] Commission’s Procedural Rules (18 CFR Commission 385.214) a motion to intervene or notice National Fuel Gas Supply Corporation; of intervention and pursuant to Section [Docket No. CP99±302±000] Notice of Request Under Blanket 157.205 of the Regulations under the Koch Gateway Pipeline Company; Authorization Natural Gas Act (18 CFR 157.205) a protest to the request. If no protest is Notice of Request Under Blanket April 19, 1999. Authorization filed within the time allowed therefor, Take notice that on April 14, 1999, the proposed activity shall be deemed to April 19, 1999. National Fuel Gas Supply Corporation be authorized effective the day after the Take notice that on April 13, 1998, (National Fuel), 10 Lafayette Square, time allowed for filing a protest. If a Koch Gateway Pipeline Company Buffalo, New York 14203, filed in protest is filed and not withdrawn (Koch), P.O. Box 1478, Houston, Texas Docket No. CP99–312–000 a request within 30 days after the time allowed 77251–1478, filed under Sections pursuant to sections 157.205 and for filing a protest, the instant request 157.205 and 157.211(a) of the 157.212 of the Commission’s shall be treated as an application for Regulations under the Natural Gas Act Commission’s Regulations under the authorization pursuant to section 7 of (18 CFR 157.205, 157.212) for Natural Gas Act to construct, own and the Natural Gas Act. authorization to construct and operate operate a 16-inch tap, ultrasonic meter David P. Boergers, station and regulation equipment 1 to facilities at an existing delivery point used to render service to an existing Secretary. enable Koch to transport gas on a firm [FR Doc. 99–10222 Filed 4–22–99; 8:45 am] basis for Southern Company Service, firm transportation customer, National BILLING CODE 6717±01±M Inc. (SCS), to Mississippi Power Fuel Gas Distribution Corporation Company’s Jack Watson Power Plant. (Distribution) in Erie County, New York, Construction of these facilities will under National Fuel’s blanket certificate issued in Docket No. CP83–4–000 DEPARTMENT OF ENERGY allow Koch to make average day pursuant to Section 7 of the Natural Gas deliveries under its Rate Schedule FTS Act, all as more fully set forth in the Federal Energy Regulatory to the Jack Watson Power Plant, totaling request that is on file with the Commission 20,000 MMBtu. Koch will transport Commission and open to public these volumes under its blanket [Docket No. CP99±317±000] inspection. This filing may be viewed certificate issued in Docket No. CP88–6– on the web at http://www.ferc.fed.us/ Williams Gas Pipelines Central, Inc.; 000. This docket is on file with the online/rims.htm (call 202–208–2222 for Notice of Request Under Blanket Commission and open to public assistance). Authorization inspection. The application may also be National Fuel proposes to construct viewed on the web at www.ferc.fed.us. and operate facilities at the Vicksburg April 19, 1999. Call (202) 208–2222 for assistance. Station, which is a delivery point used Take notice that on April 15, 1999, Any person or the Commission’s staff to serve Distribution. National Fuel Williams Gas Pipelines Central, Inc. may, within 45 days after insurance of states that the new facilities include two (Williams), P.O. Box 3288, Tulsa, the instant notice by the Commission, 12-inch meters, two 8-inch regulator Oklahoma 74101, filed in Docket No. file pursuant to Rule 214 of the and monitor sets, one 4-inch regulator CP99–317–000 a request pursuant to Commission’s Procedural Rules (18 CFR and monitor set, and upstream and Sections 157.205 and 157.216, of the 385.214) a motion to intervene or notice downstream piping, valves, fittings, Commission’s Regulations under the of intervention and pursuant to Section controllers, etc. National Fuel estimates Natural Gas Act (18 CFR 157.205 and 157.205 of the Regulations under the the cost of construction to be $750,000. 157.216) for authorization to abandon in National Fuel declares the peak day place by sale to ONEOK, Inc. D.b.a. 1 Facilities for this project also include 5,200 feet of 16-inch line, which Koch plans to construct capacity of this station is 120 MMcf and Kansas Gas Service Company (KGS) under Section 157.208(a) of the Commission’s 6,200 MMcf per year. It is further facilities and related services in Regulations. indicated that the proposed Shawnee County, Kansas, under the

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 19987 blanket certificate issued in Docket No. CMS Generation Co., a Michigan Comment date: May 7, 1999, in CP82–479–000 pursuant to Section 7 of corporation, which is a wholly-owned accordance with Standard Paragraph E the Natural Gas Act, all as more fully set indirect subsidiary of CMS Energy at the end of this notice. The forth in the request that is on file with Corporation, also a Michigan Commission will limits its the Commission and open to public corporation. Dearborn Generation consideration of comments to those that inspection. This filing may be viewed Operating, L.L.C. will operate, under an concern the adequacy or accuracy of the on the web at http://ww.ferc.fed.us/ operations and maintenance agreement application. online/rims.htm (call 202–208–2222 for with the owner, a facility under 4. Rojana Power Company Limited assistance). construction located in Dearborn, Williams states that it will abandon Michigan with a net electrical [Docket No. EG99–116–000] by sale approximately 2.3 miles of 16- generating capacity of approximately Take notice that on April 14, 1999, inch lateral pipeline, related service and 710 MW. Rojana Power Company Limited facilities. Williams states that the sales Comment date: May 7, 1999, in (Rojana) filed with the Federal Energy price of the line is $10.00 and associated accordance with Standard Paragraph E Regulatory Commission (Commission) reclaim costs is estimated to be $0. at the end of this notice. The an application for determination of Any person or the Commission’s staff Commission will limits its exempt wholesale generator status may, within 45 days after issuance of consideration of comments to those that pursuant to Part 365 of the the instant notice by the Commission, concern the adequacy or accuracy of the Commission’s regulations. file pursuant to Rule 214 of the application. Rojana is developing a 122 MW Commission’s Procedural Rules (18 CFR eligible facility located in Ayuthaya, 385.214) a motion to intervene or notice 2. MEG Marketing, LLC, Sempra Energy Trading Corp. Thailand. Rojana states that, upon of intervention and pursuant to Section commercial operation of the facility, it 157.205 of the Regulations under the [Docket Nos. EC99–28–000, ER98–2284–003 will be engaged directly and exclusively Natural Gas Act (18 CFR 157.205) a and ER94–1691–023] in the business of owning and/or protest to the request. If no protest is Take notice that on April 14, 1999, operating all or part of an eligible filed within the time allowed therefor, MEG Marketing, LLC (MEG) and Sempra facility (as defined in Section 32(a)(1) of the proposed activity shall be deemed to Energy Trading Corp. (SET) filed a the Public Utility Holding Company be authorized effective the day after the report on disposition, informing the Act); selling electricity at wholesale to time allowed for filing a protest. If a Commission that SET acquired a 40 the Electricity Generating Authority of protest is filed and not withdrawn percent interest in MEG on April 1, Thailand, a government corporation within 30 days after the time allowed 1999, as authorized by the operating under the laws of the for filing a protest, the instant request Commission’s order of March 12, 1999 Thailand; and at retail to 12 industrial shall be treated as an application for in Docket No. EC99–28–000. This report and commercial consumers in an authorization pursuant to Section 7 of also served as a notice of change in industrial park in which the Facility is the Natural Gas Act. status for MEG and SET. situated. All retail sales made by Rojana David P. Boergers, Comment date: May 4, 1999, in will be to customers located within Secretary. accordance with Standard Paragraph E Thailand. [FR Doc. 99–10221 Filed 4–22–99; 8:45 am] at the end of this notice. Comment date: May 7, 1999, in BILLING CODE 6717±01±M accordance with Standard Paragraph E 3. Dearborn Industrial Generation, at the end of this notice. The L.L.C. Commission will limit its consideration DEPARTMENT OF ENERGY [Docket No. EG99–115–000] of comments to those that concern the Federal Energy Regulatory Take notice that on April 13, 1999, adequacy or accuracy of the application. Commission Dearborn Industrial Generation, L.L.C., 5. Bridger Valley Electric Fairlane Plaza South, 330 Town Center [Docket No. EG99±114±000, et al.] Drive, Suite 1000, Dearborn, Michigan [Docket No. EL99–59–000] 48126–2712, filed with the Federal Take notice that on April 13, 1999, Dearborn Generation Operating L.L.C., Energy Regulatory Commission an 1999, Bridger Valley Electric et al.; Electric Rate and Corporate application for determination of exempt Association (Bridger Valley) submitted Regulation Filings wholesale generator status pursuant to for filing an Application for Waiver of April 16, 1999. Part 365 of the Commission’s the Requirements of Order Nos. 888 and Take notice that the following filings regulations. 889, in accordance with Section have been made with the Commission: Dearborn Industrial Generation L.L.C. 35.28(d) of the Rules of the Federal is a limited liability company formed Energy Regulatory Commission 1. Dearborn Generation Operating, under the laws of the State of Michigan. (Commission), 18 CFR 35.28(d). L.L.C. It is owned one hundred (100%) by Bridger Valley states that it owns, [Docket No. EG99–114–000] CMS Generation Co., a Michigan operates, or controls only limited and Take notice that on April 13, 1999, corporation, which is a wholly-owned discrete transmission facilities that do Dearborn Generation Operating, L.L.C., indirect subsidiary of CMS Energy not constitute an integrated grid. Bridger 330 Town Center Drive, Suite 1000, Corporation, also a Michigan Valley also states that it provides Dearborn, Michigan 48126–2712, filed corporation (‘‘CMS Energy’’). Dearborn transmission service to the U.S. with the Federal Energy Regulatory Industrial Generation L.L.C. is Department of Energy’s Western Area Commission an application for constructing a combined cycle Power Administration which is more determination of exempt wholesale combustion turbine, natural gas-fired akin to distribution service than generator status pursuant to Part 365 of power plant located in Dearborn, transmission service. Bridger Valley the Commission’s regulations. Michigan with a net electrical states that it thus qualifies for a waiver Dearborn Generation Operating, L.L.C. generating capacity of approximately of application of the requirements of is a wholly-owned indirect subsidiary of 710 MW. Order Nos. 888 and 889 to it, as more

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 19988 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices fully set forth in the application which Comment date: May 3, 1999, in Newport requests an effective date for is on file with the Commission and open accordance with Standard Paragraph E the rental agreement of May 1, 1999 to public inspection. at the end of this notice. Comment date: May 3, 1999, in Comment date: May 13, 1999, in accordance with Standard Paragraph E 9. Energy Atlantic, LLC accordance with Standard Paragraph E at the end of this notice. at the end of this notice. [Docket No. ER98–4381–002] 13. PacifiCorp Take notice that on April 14, 1999, 6. Flowell Electric Association the above-mentioned power marketer [Docket No. ER99–2470–000] [Docket No. EL99–60–000] filed a quarterly report with the Take notice that on April 13, 1999, Take notice that on April 13, 1999, Commission in the above-mentioned PacifiCorp tendered for filing in Flowell Electric Association (Flowell) proceeding for information only. This accordance with 18 CFR 35 of the submitted for filing an Application for filing is available for public inspection Commission’s Rules and Regulations the Waiver of the Requirements of Order and copying in the Public Reference Service Agreement for Long Term Firm Nos. 888 and 889, in accordance with Room or on the internet at Transmission Service on Direct Section 35.28(d) of the Rules of the www.ferc.fed.us/online/rims.htm for Assignment Facilities between Federal Energy Regulatory Commission viewing and downloading (call 202– PacifiCorp’s Transmission Function and (Commission), 18 CFR 35.28(d). 208–2222 for assistance). PacifiCorp’s Merchant Function dated Flowell states that it owns, operates, 10. Ameren Services Company March 29, 1999. or controls only limited and discrete Copies of this filing were supplied to transmission facilities that do not [Docket No. ER99–2467–000] the Washington Utilities and constitute an integrated grid. Flowell Take notice that on April 13, 1999, Transportation Commission and the also states that it provides transmission Ameren Services Company (ASC), Public Utility Commission of Oregon. service to the Towns of Kanosh and tendered for filing Service Agreements Comment date: May 3, 1999, in Meadow, Utah, and PacifiCorp (formerly for Non-Firm Point-to-Point accordance with Standard Paragraph E Utah Power and Light Company) which Transmission Services between ASC at the end of this notice. and New Energy Ventures, Inc., and is more akin to distribution service than 14. Ameren Services Company transmission service. Flowell states that PP&L, Inc., (the parties). ASC asserts it thus qualifies for a waiver of that the purpose of the Agreements is to [Docket No. ER99–2471–000] application of the requirements of Order permit ASC to provide transmission Take notice that on April 13, 1999, Nos. 888 and 889 to it, as more fully set service to the parties pursuant to Ameren Services Company (ASC), forth in the application which is on file Ameren’s Open Access Transmission tendered for filing a Service Agreement with the Commission and open to Tariff filed in Docket No. ER96–677– for Long-Term Firm Point-to-Point public inspection. 004. Transmission Services between ASC Comment date: May 3, 1999, in Comment date: May 13, 1999, in and PECO Energy—Power Team accordance with Standard Paragraph E accordance with Standard Paragraph E (PECO). ASC asserts that the purpose of at the end of this notice. at the end of this notice. the Agreement is to permit ASC to 11. Public Service Company of New provide transmission service to PECO 7. Russell Energy Services Company, Mexico pursuant to Ameren’s Open Access Energetix, Inc., Nicole Energy Services [Docket No. ER99–2468–000] Transmission Tariff filed in Docket No. [Docket Nos. ER96–2882–010, ER97–3556– ER96–677–004. Take notice that on April 13, 1999, 007 and ER98–2683–003] Comment date: May 3, 1999, in Public Service Company of New Mexico Take notice that on April 15, 1999, accordance with Standard Paragraph E (PNM), tendered for filing a mutual the above-mentioned power marketers at the end of this notice. netting/settlement agreement between filed quarterly reports with the PNM and PacifiCorp Power Marketing 15. Mid-Continent Area Power Pool Commission in the above-mentioned Inc. [Docket No. ER99–2474–000] proceedings for information only. These PNM requested waiver of the filings are available for public Commission’s notice requirement so Take notice that on April 12, 1999, inspection and copying in the Public that service under the PNM/PacifiCorp Mid-Continent Area Power Pool (MAPP) Reference Room or on the internet at netting agreement may be effective as of tendered for filing with the Federal www.ferc.fed.us/online/rims.htm for April 1, 1999. Energy Regulatory Commission an viewing and downloading (call 202– Copies of the filing were served on informational filing listing MAPP 208–2222 for assistance). PacifiCorp and the New Mexico Public Members, with all the rights and obligations of membership including 8. Boston Edison Company Regulation Commission. Comment date: May 3, 1999, in transmission service pursuant to MAPP [Docket No. ER98–4332–000] accordance with Standard Paragraph E Service Schedule F, effective on the Take notice that on April 13, 1999, at the end of this notice. dates indicated. Boston Edison Company (Edison), Comment date: May 3, 1999, in 12. Newport Electric Corporation tendered for filing a Transmission accordance with Standard Paragraph E Facilities Support Agreement between [Docket No. ER99–2469–000] at the end of this notice. Boston Edison Company and Take notice that on April 13, 1999 16. Dixie-Escalante Rural Electric Millennium Power Partners, L.P., dated Newport Electric Corporation Association July 25, 1998 (Support Agreement). (Newport), tendered for filing an Boston Edison requests that the Agreement that provides for the rental [Docket No. ER99–2475–000] Commission accept the Support by Montaup Electric Company Take notice that on April 13, 1999, Agreement as amended by the (Montaup), an affiliate of Newport, of all Dixie-Escalante Rural Electric Amendment and allow it to become of Newport’s transmission facilities. The Association (Dixie Escalante), tendered effective 60 days following the date of Agreement supersedes a prior agreement an Application for Acceptance of Initial this filing. between Newport and Montaup. Rate Filing and Waiver of Notice

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Requirement for transmission agreement Comment date: May 3, 1999, in Cooperative (Oregon Trail) submitted an with the City of Enterprise, Utah. Dixie- accordance with Standard Paragraph E application, under Section 204 of the Escalante is a non-profit distribution at the end of this notice. Federal Power Act, for authorization to cooperative that retired its outstanding issue (1) up to $23 million of notes with 19. Ameren Services Company Rural Utilities Service debt on October maturities of up to 35 years and (2) to 16, 1996. [Docket No. ER99–2480–000] borrow funds under a two-year $5 Dixie-Escalante seeks Commission Take notice that on April 13, 1999, million line of credit agreement. acceptance of its transmission Ameren Services Company (ASC), Oregon Trail also requested agreements, effective October 16, 1996. tendered for filing Service Agreements exemption from compliance with the Dixie-Escalante seeks no changes in the for Firm Point-to-Point Transmission Commission’s competitive bidding or rates, charges, terms or conditions of the Services between ASC and New Energy negotiated placement requirements at 18 transmission agreements. Accordingly, Ventures, Inc. and PP&L, Inc., (the CFR 34.2. Dixie-Escalante seeks a waiver pursuant parties). ASC asserts that the purpose of Comment date: May 7, 1999, in to 18 CFR 35.11 of the 60-day prior the Agreements is to permit ASC to accordance with Standard Paragraph E notice requirement of 18 CFR 35.3. provide transmission service to the at the end of this notice. parties pursuant to Ameren’s Open Comment date: May 3, 1999, in Access Transmission Tariff filed in 23. Public Service Company of New accordance with Standard Paragraph E Docket No. ER 96–677–004. Mexico at the end of this notice. Comment date: May 3, 1999, in [Docket Nos. OA97–433–003 and OA97–720– 17. Bridger Valley Electric Association accordance with Standard Paragraph E 003] at the end of this notice. [Docket No. ER99–2476–000] Take notice that on April 6, 1999, 20. Flowell Electric Association Take notice that on April 13, 1999, Public Service Company of New Mexico Bridger Valley Electric Association [Docket No. ER99–2481–000] made a filing with the Commission stating that it had revised the (Bridger Valley), tendered an Take notice that on April 13, 1999, organizational charts and job Application for Acceptance of Initial Flowell Electric Association (Flowell), descriptions posted on OASIS in Rate Filing and Waiver of Notice tendered an Application for Acceptance response to the Commission’s February Requirement for transmission agreement of Initial Rate Filing and Waiver of 11, 1999 order on standards of with the United States Department of Notice Requirement for transmission conduct.* The filing contains a copy of Interior’s Bureau of Reclamation agreements with the Town of Kanosh, the organizational charts, a narrative (Bureau, the Department of Energy’s Utah; the Town of Meadow, Utah; and description of the charts, and an Western Area Power Administration has Utah Power & Light (currently inventory of job descriptions. assumed the Bureau’s responsibility PacifiCorp). Flowell is a non-profit under the agreement). Bridger Valley is distribution cooperative that retired its Comment date: May 3, 1999, in a non-profit distribution cooperative outstanding Rural Utilities Service debt accordance with Standard Paragraph E that retired its outstanding Rural on October 16, 1996. at the end of this notice. Utilities Service debt on January 31, Flowell seeks Commission acceptance Standard Paragraphs 1997. of its transmission agreements, effective Bridger Valley seeks Commission October 16, 1996. Flowell seeks no E. Any person desiring to be heard or acceptance of its transmission changes in the rates, charges, terms or to protest such filing should file a agreement, as amended, effective conditions of the transmission motion to intervene or protest with the January 31, 1997. Bridger Valley seeks agreements. Accordingly Flowell seeks a Federal Energy Regulatory Commission, no changes in the rates, charges, terms waiver pursuant to 18 CFR 35.11 of the 888 First Street, N.E., Washington, D.C. or conditions of the transmission 60-day prior notice requirement of 18 20426, in accordance with Rules 211 agreements. Accordingly, Bridger Valley CFR 35.3. and 214 of the Commission’s Rules of seeks a waiver pursuant to 18 CFR 35.11 Comment date: May 3, 1999, in Practice and Procedure (18 CFR 385.211 of the 60-day prior notice requirement accordance with Standard Paragraph E and 385.214). All such motions or of 18 CFR 35.3. at the end of this notice. protests should be filed on or before the comment date. Protests will be Comment date: May 3, 1999, in 21. Bridgeport Energy, LLC considered by the Commission in accordance with Standard Paragraph E [Docket No. ER99–2482–000] determining the appropriate action to be at the end of this notice. Take notice that on April 13, 1999, taken, but will not serve to make 18. PJM Interconnection, L.L.C. Bridgeport Energy, LLC tendered for protestants parties to the proceeding. Any person wishing to become a party [Docket No. ER99–2477–000] filing an Application for an Order Accepting for Filing Revised Rate must file a motion to intervene. Copies Take notice that on April 13, 1999, Schedule for Sales of Ancillary Services of these filings are on file with the PJM Interconnection, L.L.C. (PJM), at Market-Based Rates and Commission and are available for public tendered for filing two executed Reassignment of Transmission Capacity inspection. This filing may also be umbrella service agreements for firm and Waiver of Regulations. viewed on the Internet at http:// point-to-point transmission service and Comment date: May 3, 1999, in www.ferc.fed.us/online/rims.htm (call two executed service agreements for accordance with Standard Paragraph E 202–208–2222 for assistance). non-firm point-to-point transmission at the end of this notice. David P. Boergers, service with Avista Energy, Inc.; and Secretary. American Municipal Power-Ohio, Inc., 22. Oregon Trail Electric Consumers Cooperative, Inc. [FR Doc. 99–10224 Filed 4–22–99; 8:45 am] under the PJM Open Access BILLING CODE 6717±01±P Transmission Tariff. [Docket No. ES99–38–000] Copies of this filing were served upon Take notice that on April 14, 1999, *Carolina Power & Light Company et al., 86 FERC the parties to the service agreements. Oregon Trail Electric Consumers ¶ 61,146 (1999).

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DEPARTMENT OF ENERGY Comment date: April 30, 1999, in New England state governors and accordance with Standard Paragraph E regulatory commissions. Federal Energy Regulatory at the end of this notice. Comment date: April 30, 1999, in Commission 4. Delmarva Power & Light Company accordance with Standard Paragraph E [Docket No. ER97±610±008, et al.] at the end of this notice. [Docket Nos. ER97–3189–023 and OA97– Murphy Oil USA, Inc., et al.; Electric 586–002] 7. The United Illuminating Company Rate and Corporate Regulation Filings Take notice that on April 12, 1999, [Docket No. ER99–2441–000] Delmarva Power & Light Company April 15, 1999. (Delmarva), tendered for filing a Take notice that on April 12, 1999, Take notice that the following filings compliance refund report for the City of The United Illuminating Company (UI), have been made with the Commission: Dover, Delaware (Dover), required by tendered for filing changes to the rate set forth in UI’s Open Access 1. Murphy Oil USA, Inc. the Commission’s order in Atlantic City Electric Company, et al., 85 FERC Transmission Tariff, FERC Electric [Docket No. ER97–610–008] ¶ 61,445 (December 24, 1998) and letter Tariff, Original Volume No. 4, as Take notice that on April 13, 1999, order approving the settlement in amended (Tariff No. 4). The changes are the above-mentioned power marketer Docket No. ER97–3189–003, 85 FERC limited to modifications to the Network filed a quarterly report with the ¶ 61,349 (December 16, 1998). Operating Agreement contained in Commission in the above-mentioned Comment date: April 30, 1999, in Attachment G of Tariff No. 4. proceeding for information only. This accordance with Standard Paragraph E UI requests that the proposed changes filing is available for public inspection at the end of this notice. be made effective as of April 1, 1999. and copying in the Public Reference 5. Bollinger Energy Corporation Comment date: April 30, 1999, in Room or on the internet at Rainbow Energy Marketing accordance with Standard Paragraph E www.ferc.fed.us/online/rims.htm for Corporation at the end of this notice. viewing and downloading (call 202– 208–2222 for assistance). [Docket Nos. ER98–1821–003 and ER94– 8. California Independent System 1061–020] Operator Corporation 2. Maine Public Service Company Take notice that on April 14, 1999, [Docket No. ER99–2442–000] [Docket Nos. ER95–836–004 and ER99–2472– the above-mentioned power marketers Take notice that on April 12, 1999, 000] filed a quarterly report with the the California Independent System Take notice that on April 12, 1999, Commission in the above-mentioned Operator Corporation (ISO), tendered for Maine Public Service Company (MPS), proceedings for information only. These filing a Participating Generator tendered for filing revised sheets filings are available for public Agreement between Duke Energy South reflecting changes to its transmission inspection and copying in the Public Bay LLC (South Bay) and the ISO for rate formula in compliance with the Reference Room or on the internet at acceptance by the Commission. Federal Energy Regulatory www.ferc.fed.us/online/rims.htm for Commission’s December 22, 1998, order viewing and downloading (call 202– The ISO states that this filing has been in Docket No. ER95–836. In addition, 208–2222 for assistance). served on South Bay and the California Public Utilities Commission. MPS filed a settlement agreement 6. New England Power Pool designed to resolve certain issues The ISO is requesting waiver of the between it and Houlton Water [Docket No. ER99–1142–004] 60-day notice requirement to allow the Company, Van Buren Light and Power Take notice that on April 12, 1999, Participating Generator Agreement to be District, and Eastern Maine Electric the New England Power Pool (NEPOOL) made effective as of March 25, 1999. Cooperative. Executive Committee tendered for filing Comment date: April 30, 1999, in Copies of this filing were served upon certain amendments to the NEPOOL accordance with Standard Paragraph E all parties on the Commission’s official Tariff (Amendments), which serve to at the end of this notice. service lists for these proceedings, include the Financial Assurance Policy affected state commissions and all for NEPOOL Members and the Financial 9. California Independent System customers taking service under MPS’s Assurance Policy for NEPOOL Non- Operator Corporation open access transmission tariff. Participant Transmission Customers [Docket No. ER99–2443–000] (collectively, the Financial Assurance Comment date: April 30, 1999, in Take notice that on April 12, 1999, Policies) as attachments to the Restated accordance with Standard Paragraph E the California Independent System NEPOOL Open Access Transmission at the end of this notice. Operator Corporation (ISO), tendered for Tariff (the NEPOOL Tariff) in 3. Delmarva Power & Light Company filing a Meter Service Agreement for ISO compliance with the Commission’s Metered Entities (Meter Service [Docket Nos. ER97–3189–022 and ER97– order in New England Power Pool 86 Agreement) between the ISO and Duke 2343–001] FERC ¶ 61,262 (1999), to include the Energy South Bay LLC (South Bay) for Take notice that on April 12, 1999, NEPOOL Billing Policy (the Billing acceptance by the Commission. Delmarva Power & Light Company Policy) as an attachment to the NEPOOL (Delmarva), tendered for filing a Tariff, and to make other changes to the The ISO states that this filing has been compliance refund report for the City of NEPOOL Tariff in order to reflect the served on South Bay and the California Easton, Maryland (Easton) required by addition of the Financial Assurance Public Utilities Commission. the Commission’s letter order approving Policies and the Billing Policy as The ISO is requesting waiver of the the settlement in Docket No. ER97– attachments thereto. 60-day notice requirement to allow the 3189–003, 85 FERC ¶ 61,349 (December The NEPOOL Executive Committee Meter Service Agreement to be made 16, 1998) and by the Interconnection states that copies of these materials were effective as of March 25, 1999. Agreement between Easton and sent to all entities on the service lists in Comment date: April 30, 1999, in Delmarva as modified in Docket No. the captioned dockets, to the accordance with Standard Paragraph E ER97–2343–000. participants in NEPOOL, and to the six at the end of this notice.

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10. California Independent System Comment date: April 30, 1999, in Comment date: April 30, 1999, in Operator Corporation accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. ER99–2444–000] at the end of this notice. at the end of this notice. Take notice that on April 12, 1999, 14. Delmarva Power & Light Company 18. New England Power Company the California Independent System [Docket No. ER99–2449–000] [Docket No. ER99–2453–000] Operator Corporation (ISO), tendered for Take notice that on April 12, 1999, Take notice that on April 12, 1999, filing a Scheduling Coordinator Delmarva Power & Light Company New England Power Company (NEP), Agreement between the ISO and El Paso (Delmarva), tendered for filing an tendered for filing a Firm Local Power Services Company for acceptance executed umbrella service agreement Generation Delivery Service Agreement by the Commission. with Long Island Lighting Company d/ with ANP Bellingham Energy Company. The ISO is requesting a waiver of 60- b/a/ LIPA, under Delmarva’s market rate Comment date: April 30, 1999, in day prior notice requirement to allow sales tariff. accordance with Standard Paragraph E the Scheduling Coordinator Agreement Comment date: April 30, 1999, in at the end of this notice. to be made effective as of March 4, 1999. accordance with Standard Paragraph E 19. Florida Keys Electric Cooperative The ISO states that this filing has been at the end of this notice. served on El Paso Power Services Association, Inc. Company and the California Public 15. Metropolitan Edison Company [Docket No. ER99–2454–000] Utilities Commission. [Docket No. ER99–2450–000] Take notice that on April 12, 1999, Comment date: April 30, 1999, in Take notice that on April 12, 1999, Florida Keys Electric Cooperative accordance with Standard Paragraph E Metropolitan Edison Company (doing Association, Inc. (FPA), tendered for at the end of this notice. business as and referred to as GPU filing pursuant to Section 205 of the 11. New England Power Company Energy), tendered for filing a Generation Federal Power Act, an agreement to AllEnergy Marketing Company, L.L.C. Facility Interconnection Agreement provide capacity and energy to Florida between GPU Energy and AES Power & Light Company at market-based [Docket No. ER99–2446–000] Ironwood, L.L.C. rates under an agreement dated April 7, Take notice that on April 12, 1999, GPU Energy requests an effective date 1999. the above-referenced public utility filed of April 13, 1999, for the agreement. Florida Keys Electric Cooperative their quarterly transaction report for the Comment date: April 30, 1999, in seeks an effective date from the first quarter ending March 31, 1999. accordance with Standard Paragraph E Commission of June 11, 1999, 60 days Comment date: May 3, 1999, in at the end of this notice. after the filing of this agreement. accordance with Standard Paragraph E A copy of this filing has been served at the end of this notice. 16. Public Service Company of New upon Florida Power & Light Company. Mexico Comment date: April 30, 1999, in 12. EME Homer City Generation, L.P. accordance with Standard Paragraph E [Docket No. ER99–2451–000] at the end of this notice. [Docket No. ER99–2447–000] Take notice that on April 12, 1999, Take notice that on April 9, 1999, Public Service Company of New Mexico 20. California Independent System EME Homer City Generation, L.P. (PNM), tendered for filing two executed Operator Corporation (EMEHCG) tendered for filing with the service agreements with Mieco, Inc., for [Docket No. ER99–2455–000] Federal Energy Regulatory Commission, Non firm and Short-Term Firm point-to- Take notice that on April 12, 1999, a Notice of Succession that on March point transmission service under PNM’s the California Independent System 18, 1999, Mission Energy Westside, Inc. Open Access Transmission Service Operator Corporation (ISO), tendered for (MEW) transferred to EMEHCG the Tariff dated March 30, 1999. filing a Meter Service Agreement for FERC rate schedules accepted in Docket PNM’s filing is available for public Scheduling Coordinators between the No. ER99–4600–000, pertaining to inspection at its offices in Albuquerque, ISO and Mieco, Inc., for acceptance by interconnections with, and the sale of New Mexico. the Commission. power from, the Homer City Generating Comment date: April 30, 1999, in The ISO is requesting a waiver of the Station. Both MEW and EMEHCG are accordance with Standard Paragraph E 60-day prior notice requirement to allow wholly-owned subsidiaries of Edison at the end of this notice. the Meter Service Agreement to be made Mission Energy. EMEHCG is also selling 17. Wisconsin Electric Power Company effective as of March 18, 1999. power at market-based rates under its The ISO states that this filing has been FERC Electric Rate Schedule No. 1, [Docket No. ER99–2452–000] served on Mieco, Inc., and the California accepted by the Commission on January Take notice that on April 12, 1999, Public Utilities Commission. 13, 1999, in Docket No. ER99–666–000. Wisconsin Electric Power Company Comment date: April 30, 1999, in Comment date: April 29, 1999, in tendered for filing notice that effective accordance with Standard Paragraph E accordance with Standard Paragraph E sixty days from the date of filing, at the end of this notice. at the end of this notice. Service Agreement No. 32 under 21. California Independent System 13. Madison Gas and Electric Company Wisconsin Electric Power Company’s Coordination Sales Tariff, FERC Electric Operator Corporation [Docket No. ER99–2448–000] Tariff Original Volume No. 2, is to be [Docket No. ER99–2456–000] Take notice that on April 12, 1999, canceled as a result of KN Services, Inc. Take notice that on April 12, 1999, Madison Gas and Electric Company (KN), f/k/a KN Marketing, Inc., recent the California Independent System (MGE), tendered for filing a service FERC filings stating they are no longer Operator Corporation (ISO), tendered for agreement under MGE’s Power Sales functioning as a power marketer. filing a Scheduling Coordinator Tariff with DukeSolutions, Inc. Copies of the filing have been served Agreement between the ISO and Mieco, MGE requests an effective date of on KN Michigan Public Service Inc., for acceptance by the Commission. March 15, 1999, which is the date the Commission and the Public Service The ISO is requesting a waiver of the agreement was signed. Commission of Wisconsin. 60-day prior notice requirement to allow

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 19992 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices the Scheduling Coordinator Agreement that service under the PNM/Aquila Agreement bears the designation ‘‘Ohio between the ISO and Mieco, Inc. netting agreement may be effective as of Valley Electric Corporation Rate The ISO states that this filing has been March 31, 1999. Schedule FPC No. 1–B.’’ served on Mieco, Inc., and the California Copies of the filing were served on Mod. No. 11 is part of an arrangement Public Utilities Commission. Aquila and the New Mexico Public intended to make additional electricity Comment date: April 30, 1999, in Regulation Commission. available to OVEC’s Sponsoring accordance with Standard Paragraph E Comment date: April 30, 1999, in Companies during the summer of 1999 at the end of this notice. accordance with Standard Paragraph E and to provide DOE with billing credits at the end of this notice. in exchange for its release of a portion 22. Western Resources, Inc. of its entitlement to such electricity. 25. Ameren Services Company [Docket No. ER99–2457–000] OVEC has requested that the changes Take notice that on April 12, 1999, [Docket No. ER99–2460–000] to the Inter-Company Power Agreement Western Resources, Inc., tendered for Take notice that on April 12, 1999, become effective as of April 1, 1999. filing two long-term firm transmission Ameren Services Company (Ameren), Copies of the filing were served upon agreements between Western Resources tendered for filing Service Agreements Appalachian Power Company, The and the city of Mulvane, Kansas, and for Market Based Rate Power Sales Cincinnati Gas & Electric Company, the city of Winfield, Kansas. Western between Ameren and Delmarva Power & Columbus Southern Power Company, Resources states that the purpose of the Light Company and DukeSolutions, Inc., The Dayton Power and Light Company, agreements is to permit non- (the parties). Ameren asserts that the Indiana Michigan Power Company, discriminatory access to the purpose of the Agreements is to permit Kentucky Utilities Company, Louisville transmission facilities owned or Ameren to make sales of capacity and Gas and Electric Company, controlled by Western Resources in energy at market based rates to the Monongahela Power Company, Ohio accordance with Western Resources’ parties pursuant to Ameren’s Market Edison Company, Ohio Power open access transmission tariff on file Based Rate Power Sales Tariff filed in Company, Pennsylvania Power with the Commission. Docket No. ER98–3285–000. Company, The Potomac Edison The agreements are proposed to Comment date: April 30, 1999, in Company, Southern Indiana Gas and become effective May 1, 1999 and June accordance with Standard Paragraph E Electric Company, The Toledo Edison 1, 1999. at the end of this notice. Company, West Penn Power Company, Comment date: April 30, 1999, in the Utility Regulatory Commission of 26. Orange and Rockland Utilities, Inc. accordance with Standard Paragraph E Indiana, the Public Service Commission at the end of this notice. [Docket No. ER99–2461–000] of Kentucky, the Public Service Commission of Maryland, the Public 23. Arizona Public Service Company Take notice that on April 12, 1999, Orange and Rockland Utilities, Inc. Service Commission of Michigan, the [Docket No. ER99–2458–000] (Orange and Rockland), tendered for Public Utilities Commission of Ohio, the Take notice that on April 12, 1999, filing a Service Agreement between Public Utility Commission of Arizona Public Service Company (APS), Orange and Rockland and Cargill- Pennsylvania, Tennessee Regulatory tendered for filing a revised Contract Alliant, LLC (Customer). This Service Authority, the State Corporation Demand Exhibit for Southern California Agreement specifies that the Customer Commission of Virginia and the Public Edison applicable under the APS–FERC has agreed to the rates, terms and Service Commission of West Virginia. Rate Schedule No. 120. conditions of Orange and Rockland Comment date: April 30, 1999, in Current rate levels are unaffected, Open Access Transmission Tariff filed accordance with Standard Paragraph E revenue levels are unchanged from on July 9, 1996 in Docket No. OA96– at the end of this notice. those currently on file with the 210–000. 28. Central Hudson Gas & Electric Commission, and no other significant Orange and Rockland requests waiver Corporation change in service to these or any other of the Commission’s sixty-day notice customer results from the revisions requirements and an effective date of [Docket No. ER99–2473–000] proposed herein. No new or March 25, 1999, for the Service Take notice that on April 12, 1999, modifications to existing facilities are Agreement. Central Hudson Gas and Electric required as a result of these revisions. Orange and Rockland has served Corporation (Central Hudson), tendered Copies of this filing have been served copies of the filing on The New York for filing its development of actual costs on SCE, the California Public Utilities State Public Service Commission and on for 1998 related to substation service Commission and the Arizona the Customer. provided to Consolidated Edison Corporation Commission. Comment date: April 30, 1999, in Company of New York, Inc. (Con Comment date: April 30, 1999, in accordance with Standard Paragraph E Edison) in accordance with the accordance with Standard Paragraph E at the end of this notice. provisions of its Rate Schedule FERC at the end of this notice. 27. Ohio Valley Electric Corporation No. 43. Central Hudson indicates that the 24. Public Service Company of New [Docket No. ER99–2462–000] Mexico actual costs amounted to $275,827 for Take notice that on April 12, 1999, 1998 and will be the basis on which [Docket No. ER99–2459–000] Ohio Valley Electric Corporation estimated charges for 1999 will be Take notice that on April 12, 1999, (OVEC), tendered for filing Modification billed. Public Service Company of New Mexico No. 11, dated as of April 1, 1999, to the Central Hudson requests waiver of the (PNM), tendered for filing a mutual Inter-Company Power Agreement dated notice requirements set forth in 18 CFR netting/close-out agreement between July 10, 1953 among OVEC and certain 35.11 of the Regulations to permit PNM and Aquila Energy Marketing other utility companies named within charges to become effective January 1, Corporation. that agreement as ‘‘Sponsoring 1999 as agreed by the parties. PNM requested waiver of the Companies’’ (the Inter-Company Power Central Hudson states that a copy of Commission’s notice requirement so Agreement). The Inter-Company Power its filing was served on Con Edison and

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 19993 the State of New York Public Service response to the Commission’s February www.ferc.fed.us/online/rims.htm (call Commission. 25, 1999 order on standards of conduct.1 202–208–2222 for assistance). Comment date: April 30, 1999, in Also on March 29, 1999, PP&L, Inc. David P. Boergers, accordance with Standard Paragraph E submitted a letter in OA97–423–003 and Secretary. at the end of this notice. OA97–594–003 to notify the [FR Doc. 99–10223 Filed 4–22–99; 8:45 am] 29. Central Vermont Public Service Commission that it has posted revised BILLING CODE 6717±01±P Corporation organizational charts and job descriptions on its OASIS to comply [Docket No. ER99–2478–000] DEPARTMENT OF ENERGY Take notice that on April 12, 1999, with the Commission’s February 25, Central Vermont Public Service 1999 order. Federal Energy Regulatory Corporation (Central Vermont), tendered On April 2, 1999, Pacific Gas & Commission for filing a Service Agreement with Electric Company submitted a letter in PP&L EnergyPlus Co., under its FERC Docket No. OA97–515–003 to notify the [Docket No. EG99±111±000, et al.] Electric Tariff No. 8. Commission that it has posted its Central Vermont requests waiver of revised organizational charts and job Southern Energy Potrero, L.L.C., et al.; the Commission’s Regulations to permit descriptions on its website and that this Electric Rate and Corporate Regulation the service agreement to become information is posted on the California Filings effective on April 14, 1999. Independent System Operator’s website April 14, 1999. Comment date: April 30, 1999, in to comply with the Commission’s accordance with Standard Paragraph E February 25, 1999 order. Take notice that the following filings at the end of this notice. have been made with the Commission: The February 25, 1999 order required 30. Central Vermont Public Service Idaho Power Company, Minnesota 1. Southern Energy Potrero, L.L.C. Corporation Power & Light Company, Northern [Docket No. EG99–111–000] [Docket No. ER99–2479–000] States Power Company (Minnesota) and Take notice that on April 9, 1999, Take notice that on April 12, 1999, Northern States Power Company Southern Energy Potrero, L.L.C. Central Vermont Public Service (Wisconsin), and Southwestern Public (Southern Potrero), 50 California Street, Corporation (Central Vermont), tendered Service Company to revise their Suite 3220, San Francisco, California for filing a Service Agreement with organizational charts and job 94111, tendered for filing with the DukeSolutions, Inc., under its FERC descriptions posted on OASIS within 30 Federal Energy Regulatory Commission, Electric Tariff No. 8. days. These companies did not make Central Vermont requests waiver of an application for determination of any filings with the Commission (nor exempt wholesale generator status the Commission’s Regulations to permit were they required to). However, by this the service agreement to become pursuant to Part 365 of the notice, the public is invited to Commission’s regulations. effective on April 14, 1999. intervene, protest or comment regarding Southern Potrero is a Delaware Comment date: April 30, 1999, in their revised organizational charts and limited liability company that intends to accordance with Standard Paragraph E job descriptions. at the end of this notice. acquire a direct 100 percent ownership Comment date: April 30, 1999, in interest in the 363 MW Potrero Power 31. Wisconsin Public Service accordance with Standard Paragraph E Plant located at Potrero Point, San Corporation, Lowell Cogeneration at the end of this notice. Francisco, California. Southern Potrero Company, Limited Partnership is engaged directly and exclusively in Standard Paragraphs [Docket Nos. ER99–2491–000 and ER99– the business of owning or operating, or 2494–000] E. Any person desiring to be heard or both owning and operating, all or part Take notice that on April 14, 1999 the to protest such filing should file a of one or more eligible facilities and above-referenced public utilities filed motion to intervene or protest with the selling electric energy at wholesale. their quarterly transaction reports for Federal Energy Regulatory Commission, Comment date: May 5, 1999, in the first quarter ending March 31, 1999. 888 First Street, N.E., Washington, D.C. accordance with Standard Paragraph E Comment date: May 4, 1999, in 20426, in accordance with Rules 211 at the end of this notice. The accordance with Standard Paragraph E and 214 of the Commission’s Rules of Commission will limit its consideration at the end of this notice. Practice and Procedure (18 CFR 385.211 of comments to those that concern the 32. Dayton Power and Light Company, and 385.214). All such motions or adequacy or accuracy of the application. Idaho Power Company, Minnesota protests should be filed on or before the 2. Equitable Power Services Company Power & Light Company, Northern comment date. Protests will be and Northeast Energy Services, Inc. States Power Company (Minnesota) and considered by the Commission in Northern States Power Company, determining the appropriate action to be [Docket No. EC99–63–000] (Wisconsin), PP&L, Inc., Pacific Gas & taken, but will not serve to make Take notice that on April 9, 1999, the Electric Company, Southwestern Public protestants parties to the proceeding. above-captioned parties (Applicants) Service Company Any person wishing to become a party filed an application under Section 203 [Docket Nos. OA97–418–004, OA97–455– must file a motion to intervene. Copies of the Federal Power Act requesting 004, OA97–590–003, OA97–130–003, OA97– of these filings are on file with the authorization for the transfer of power 406–004, OA97–423–003, OA97–594–003, Commission and are available for public sales agreements from Equitable Power OA97–515–003, and OA97–400–003] inspection. This filing may also be Services Company to Northeast Energy Take notice that on March 29, 1999, viewed on the Internet at http:// Services, Inc. Dayton Power & Light Company Comment date: May 10, 1999, in submitted revised standards of conduct 1 Alliant Services, Inc., et al., 86 FERC ¶ 61,185 accordance with Standard Paragraph E in Docket No. OA97–418–004 in (1999). at the end of this notice.

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3. Southern Energy Delta, L.L.C. Comment date: May 5, 1999, in 7. United American Energy Corp., CHI [Docket No. EG99–112–000] accordance with Standard Paragraph E Power Marketing, Inc., Griffin Energy at the end of this notice. The Marketing, L.L.C., AC Power Take notice that on April 9, 1999, Commission will limit its consideration Corporation, Kamps Propane, Inc., Southern Energy Delta, L.L.C. (Southern of comments to those that concern the AMVEST Power, Inc., Symmetry Device Delta), 50 California Street, Suite 3220, adequacy or accuracy of the application. Research, Inc., Golden Valley Power San Francisco, California 94111, filed Company, PowerTec International, with the Federal Energy Regulatory 5. Village of Freeport, New York LLC, Agway Energy Services, Inc., Total Commission an application for Complainant v. Consolidated Edison Gas & Electric, Inc., Superior Electric determination of exempt wholesale Company of New York, Inc. Power, Corporation, and Central generator status pursuant to Part 365 of Respondent. Hudson Enterprises Corporation. the Commission’s regulations. [Docket No. EL99–58–000] [Docket Nos. ER96–3092–011, ER96–2640– Southern Delta is a Delaware limited 010, ER97–4168–006, ER97–2867–007, liability company that intends to Take notice that on April 9, 1999, the ER98–1148–003, ER97–2045–008, ER96– acquire a direct 100 percent ownership Village of Freeport, New York (Freeport) 2524–005, ER98–4334–002, ER96–1–014, interest in the Pittsburg Power Plant and tendered for filing a Complaint against ER97–4186–006, ER97–4202–007, ER95– the Contra Costa Power Plant located in Consolidated Edison Electric Company 1747–014, and ER97–2872–002] Pittsburg and Antioch, California of New York, Inc. (Con Edison) pursuant Take notice that on April 12, 1999, (collectively, the Delta Facilities). The to Section 206 of the Federal Power Act, the above-mentioned power marketers Delta Facilities have an aggregate 16 U.S.C. §§ 824e, and Rule 206 of the filed quarterly reports with the generating capacity of approximately Commission’s Rules of Practice and Commission in the above-mentioned 2702 MW. Southern Delta is engaged Procedure, 18 CFR 385.206. Freeport’s proceedings for information only. These directly and exclusively in the business filings are available for public Complaint requests that the Commission of owning or operating, or both owning inspection and copying in the Public investigate and remedy the unreliable, and operating, all or part of one or more Reference Room or on the internet at discontinuous and unduly eligible facilities and selling electric www.ferc.fed.us/ online/rims.htm for energy at wholesale. discriminatory firm wholesale electric viewing and downloading (call 202– transmission services provided to Comment date: May 5, 1999, in 208–2222 for assistance). Freeport by Con Edison under Con accordance with Standard Paragraph E 8. EME Homer City Generation, L.P. at the end of this notice. The Edison’s Open Access Transmission Commission will limit its consideration Tariff. [Docket No. ER99–2433–000] of comments to those that concern the Freeport states that a copy of the Take notice that on April 9, 1999, adequacy or accuracy of the application. Complaint has been served by mail EME Homer City Generation, L.P., upon Con Edison, the New York State petitioned the Commission for 4. Southern Energy California, L.L.C. Public Service Commission, and the acceptance of a market-based rate [Docket No. EG99–113–000] Long Island Power Authority. schedule for the sale of certain ancillary Take notice that on April 9, 1999, services in the markets administered by Comment date: May 10, 1999, in the New York and Pennsylvania-New Southern Energy California, L.L.C. accordance with Standard Paragraph E (Southern California), 50 California Jersey-Maryland independent system at the end of this notice. Answers to the operators. Street, Suite 3220, San Francisco, complaint shall also be due on or before The company also requested waiver of California 94111, filed with the Federal May 10, 1999. the 60-day notice requirement, and Energy Regulatory Commission an waiver of certain requirements under 6. Southwestern Public Service application for determination of exempt Subparts B and C of Part 35 of the wholesale generator status pursuant to Company Commission’s regulations. The company Part 365 of the Commission’s [Docket No. ER85–477–018] is an indirect subsidiary of Edison regulations. International. Southern California is a Delaware Take notice that on April 9, 1999, Comment date: April 29, 1999, in limited liability company that intends to Southwestern Public Service Company accordance with Standard Paragraph E acquire: (a) an indirect 100 percent tendered for filing in accordance with at the end of this notice. ownership interest in the 363 MW the January 22, 1999, Federal Energy Potrero Power Plant located at Potrero Regulatory Commission acceptance of 9. Edison Mission Marketing & Trading, Point, San Francisco, California, (b) an the Joint Offer of Settlements (between Inc. indirect 100 percent ownership interest Southwestern Public Service Company [Docket No. ER99–2434–000] the Pittsburg Power Plant located in (Southwestern) and Golden Spread Take notice that on April 9, 1999, Pittsburg, California, and (c) an indirect Electric Cooperative, Inc. (Golden Edison Mission Marketing & Trading, 100 percent ownership interest in the Spread) and between Southwestern and Inc. (EMMT), a power marketer Contra Costa Power Plant located in Lyntegar Electric Cooperative, Inc.) and incorporated under the laws of Antioch, California. The Pittsburg the acceptance of the clarification California, petitioned the Commission Power Plant and the Contra Costa Power (between Southwestern and Golden for acceptance of a market-based rate Plant have an aggregate generating Spread) issued on March 11, 1999 in schedule for the sale of ancillary capacity of approximately 2702 MW. Docket No. ER85–477–010, a services at market-based rates. EMMT is Southern California is engaged directly, compliance filing with the Federal an indirect subsidiary of Edison or indirectly through one or more International. affiliates, and exclusively in the Energy Regulatory Commission by EMMT also requested waiver of the business of owning or operating, or both Southwestern Public Service Company. 60-day notice requirement and waiver of owning and operating, all or part of one Comment date: April 29, 1999, in certain requirements under Subparts B or more eligible facilities and selling accordance with Standard Paragraph E and C of Part 35 of the Commission’s electric energy at wholesale. at the end of this notice. Regulations.

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Comment date: April 29, 1999, in 14. MidAmerican Energy Company for the first quarter ending March 31, accordance with Standard Paragraph E [Docket No. ER99–2439–000] 1999. at the end of this notice. Comment date: May 3, 1999, in Take notice that on April 9, 1999, accordance with Standard Paragraph E 10. Automated Power Exchange, Inc. MidAmerican Energy Company at the end of this notice. [Docket No. ER99–2435–000] (MidAmerican), 666 Grand Avenue, Des Moines, Iowa 50309, filed with the 17. Niagara Mohawk Energy Marketing, Take notice that on April 9, 1999, Commission a First Amendment to Inc. Automated Power Exchange, Inc., Network Integration Transmission [Docket No. ER99–2466–000] tendered for filing a rate schedule under Service Agreement by and between the Take notice that on April 13, 1999 the which APX will offer power exchange Board of Trustees of the Municipal services in the APX-Ohio Hub Market. above-referenced public utilities filed Electric Utility of Waverly, Iowa and their quarterly transaction reports for APX requests that this new APX Rate MidAmerican, dated March 12, 1999, the first quarter ending March 31, 1999. Schedule be accepted to become entered into pursuant to MidAmerican’s Comment date: May 3, 1999, in effective as of June 1, 1999. Open Access Transmission Tariff. accordance with Standard Paragraph E Comment date: April 29, 1999, in MidAmerican requests an effective at the end of this notice. accordance with Standard Paragraph E date of March 12, 1999, for the Standard Paragraphs at the end of this notice. Amendment, and accordingly seeks a E. Any person desiring to be heard or 11. Duke Energy Corporation waiver of the Commission’s notice requirement. to protest such filing should file a [Docket No. ER99–2436–000] MidAmerican has served a copy of the motion to intervene or protest with the Take notice that on April 9, 1999, filing on the Iowa Utilities Board, the Federal Energy Regulatory Commission, Duke Power, a division of Duke Energy Illinois Commerce Commission, South 888 First Street, N.E., Washington, D.C. Corporation (Duke), tendered for filing a Dakota Public Utilities Commission and 20426, in accordance with Rules 211 Service Agreement for Market Rate Sales Waverly Municipal Electric Utility. and 214 of the Commission’s Rules of under Rate Schedule MR, FERC Electric Comment date: April 29, 1999, in Practice and Procedure (18 CFR 385.211 Tariff First Revised Volume No. 3 (the accordance with Standard Paragraph E and 385.214). All such motions or MRSAs), between Duke and Public at the end of this notice. protests should be filed on or before the Service Electric and Gas Company. comment date. Protests will be 15. Cinergy Services, Inc. considered by the Commission in Duke requests that the MRSA [Docket No. ER99–2440–000] determining the appropriate action to be submitted for filing in this docket be taken, but will not serve to make made effective as a rate schedule as of Take notice that on April 9, 1999, protestants parties to the proceeding. March 10, 1999. Cinergy Services, Inc. (Cinergy Any person wishing to become a party Comment date: April 29, 1999, in Services), on behalf of its Operating must file a motion to intervene. Copies accordance with Standard Paragraph E Companies (The Cincinnati Gas & of these filings are on file with the at the end of this notice. Electric Company and PSI Energy, Inc.), Commission and are available for public tendered for filing unexecuted Service 12. UtiliCorp United Inc. inspection. This filing may also be Agreements for service under the viewed on the Internet at http:// [Docket No. ER99–2437–000] Cinergy Operating Companies FERC www.ferc.fed.us/ online/rims.htm (call Electric Cost-Based Power Sales Tariff, Take notice that on April 9, 1999, 202–208–2222 for assistance). Original Volume No. 6–CB applicable to UtiliCorp United Inc., tendered for filing David P. Boergers, customers which Cinergy Services has a Service Agreement under its Market- individual negotiated agreements for the Secretary. Based Power Sales Tariff, FERC Electric sale of electric energy by the Cinergy [FR Doc. 99–10225 Filed 4–22–99; 8:45 am] Tariff Original Volume No. 28, with Operating Companies. BILLING CODE 6717±01±P Midwest Energy, Inc. The Service Agreement provides for the sale of Cinergy Services requests an effective capacity and energy by UtiliCorp United date of May 1, 1999. Said date coincides DEPARTMENT OF ENERGY Inc., to Midwest Energy, Inc., pursuant with the effective date of the Notices of to the tariff. Cancellation for sales by the Cinergy Federal Energy Regulatory Operating Companies under individual Commission UtiliCorp requests waiver of the negotiated agreements with these Commission’s regulations to permit the counter parties. Notice of Application Accepted for Service Agreement to become effective Copies of the filing were served upon Filing and Soliciting Motions To in accordance with its terms. all parties listed in Attachment B of the Intervene and Protests Comment date: April 29, 1999, in filing. April 16, 1999. accordance with Standard Paragraph E Comment date: April 29, 1999, in Take notice that the following at the end of this notice. accordance with Standard Paragraph E hydroelectric application has been filed at the end of this notice. 13. Southern Indiana Gas and Electric with the Commission and is available Company 16. Edgar Electric Cooperative, for public inspection: [Docket No. ER99–2438–000] Riverside Canal Power Company, a. Type of Application: Preliminary Take notice that on April 9, 1999, the Mountainview Power Company, and Permit. Jersey Central Power & Light Company b. Project No.: P–11713–000. above-referenced public utility filed c. Date Filed: March 26, 1999. their quarterly transaction report for the [Docket Nos. ER99–2463–000, ER99–2465– d. Applicant: Universal Electric first quarter ending March 31, 1999. 000, ER99–2464–000, amd ER99–2445–000] Power Corporation. Comment date: April 29, 1999, in Take notice that on April 12, 1999, e. Name of Project: La Grange L&D. accordance with Standard Paragraph E the above-referenced public utilities f. Location: On the Illinois River, near at the end of this notice. filed their quarterly transaction reports the town of Meredosia, Cass County,

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Illinois, utilizing federal lands competing development application must be filed by providing the original administered by the U.S. Army Corps of must submit to the Commission, on or and the number of copies provided by Engineers. before a specified comment date for the the Commission’s regulations to: The g. Filed Pursuant to: Federal Power particular application, either a Secretary, Federal Energy Regulatory Act, 16 U.S.C. 791(a)–825(r). competing development application or a Commission, 888 First Street, NE., h. Applicant Contact: Mr. Ronald S. notice of intent to file such an Washington, DC 20426. An additional Feltenberger, Universal Electric Power application. Submission of a timely copy must be sent to Director, Division Corp., 1145 Highbrook Street, Akron, notice of intent to file a development of Project Review, Federal Energy OH 44301, (330) 535–7115. application allows an interested person Regulatory Commission, at the above- i. FERC Contact: Any questions on to file the competing application no mentioned address. A copy of any this notice should be addressed to later than 120 days after the specified notice of intent, competing application Charles T. Raabe, E-mail address, comment date for the particular or motion to intervene must also be [email protected], or telephone application. A competing license served upon each representative of the (202) 219–2811. application must conform with 18 CFR Applicant specified in the particular j. Deadline Date: 60 days from the 4.30(b) and 4.36. application. issuance date of this notice. Notice of intent—A notice of intent Agency Comments—Federal state, k. Description of Project: The must specify the exact name, business local agencies are invited to file proposed project would utilize the address, and telephone number of the comments on the described application. existing U.S. Army Corps of Engineers’ prospective applicant, and must include A copy of the application may be La Grange Lock and Dam and would an unequivocal statement of intent to obtained by agencies directly from the consist of: (1) five new 50-foot-long, 84- submit, if such an application may be Applicant. If an agency does not file inch-diameter steel penstocks; (2) a new filed, either a preliminary permit comments within the time specified for 80-foot-long, 30-foot-wide, 30-foot-high application or a development filing comments, it will be presumed to submersible powerhouse containing five application (specify which type of have no comments. One copy of an generating units have a total installed application). A notice of intent must be agency’s comments must also be sent to capacity of 9,100-kW; (3) a new exhaust served on the applicant(s) named in this the Applicant’s representatives. apron; (4) a new 100-foot-long, 14.7-kV public notice. Linwood A. Watson, Jr., transmission line; and (5) appurtenant Proposed Scope of Studies under facilities. Permit—A preliminary permit, if issued, Acting Secretary. Applicant estimates that the average does not authorize construction. The [FR Doc. 99–10144 Filed 4–22–99; 8:45 am] annual generation would be 56 GWh term of the proposed preliminary permit BILLING CODE 6717±01±M and that the cost of the studies to be would be 36 months. The work performed under the terms of the permit proposed under the preliminary permit would be $1,750,000. Project energy would include economic analysis, DEPARTMENT OF ENERGY would be sold to utility companies, preparation of preliminary engineering Federal Energy Regulatory corporations, municipalities, plans, and a study of environmental Commission aggregators, or similar entities. impacts. Based on the results of these l. Locations of the application: A copy studies, the Applicant would decide Notice of Application for Transfer of of the application is available for whether to proceed with the preparation License and Soliciting Comments, inspection and reproduction at the of a development application to Motions To Intervene, and Protests Commission’s Public Reference Room, construct and operate the project. located at 888 First Street, NE, Comments, Protests, or Motions to April 19, 1999. Washington, DC 20426, or by calling Intervene—Anyone may submit Take notice that the following (202) 208–1371. This filing may be comments, a protest, or a motion to hydroelectric application has been filed viewed on the web at http:// intervene in accordance with the with the Commission and is available www.ferc.fed.us/online/rims.htm (call requirements of Rules of Practice and for public inspection: (202) 208–2222 for assistance). A copy Procedure, 18 CFR 385.10, .211, .214. In a. Application Type: Transfer of is also available for inspection and determining the appropriate action to License. reproduction a the address in item h take, the Commission will consider all b. Project No: 2367–033. above. protests or other comments filed, but c. Date Filed: March 23, 1999. Preliminary Permit—Anyone desiring only those who file a motion to d. Applicants: Maine Public Service to file a competing application for intervene in accordance with the Company. preliminary permit for a proposed Commission’s Rules may become a e. Name of Project: Caribou. project must submit the competing party to the proceeding. Any comments, f. Location: On the Aroostook River application itself, or a notice of intent to protests, or motions to intervene must and Millinocket Stream, in Piscataquis file such an application, to the be received on or before the specified and Aroostock Counties, Maine. The Commission on or before the specified comment date for the particular project does not utilize federal or tribal comment date for the particular application. lands. application (see 18 CFR 4.36). Filing and Service of Responsive g. Filed pursuant to: 18 CFR 4.200. Submission of a timely notice of intent Documents—Any filings must bear in h. Applicant Contact: Mr. Calvin allows an interested person to file the all capital letters the title Deschene, Maine Public Service competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Company, P.O. Box 1209, Presque Isle, application no later than 30 days after TO FILE COMPETING APPLICATION,’’ ME 04769, (207) 768–5811. the specified comment date for the ‘‘COMPETING APPLICATION’’, i. FERC Contact: Any questions on particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO this notice should be addressed to Tom preliminary permit application must INTERVENE’’, as applicable, and the Papsidero at (202) 219–2715, or e–mail conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular address: [email protected]. Preliminary Permit—Any qualified application to which the filing refers. j. Deadline for filing comments and/ development applicant desiring to file a Any of the above-named documents or motions: May 6, 1999.

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All documents (original and eight A copy of the application may be a wholly-owned subsidiary of NMPC, to copies) should be filed with: David P. obtained by agencies directly from the NMPC is a corporate formality that will Boergers, Secretary, Federal Energy Applicant. If an agency does not file enable NMPC to proceed with the sale Regulatory Commission, 888 First comments within the time specified for of all of NMPC’s non-nuclear generating Street, NE, Washington, DC 20426. filing comments, it will be presumed to facilities. Please include the project number have no comments. One copy of an The transfer application was filed (2367–033) on any comments or agency’s comments must also be sent to following the expiration of the license motions filed. the Applicant’s representatives. for Project No. 2554, which is the k. Description of Transfer: Maine David P. Boergers, subject of a pending relicense Public Service Company requests to 1 Secretary. application. In Hydroelectric transfer the license to PDI New England, [FR Doc. 99–10217 Filed 4–22–99; 8:45 am] Relicensing Regulations Under the Inc. as part of its divestiture of assets Federal Power Act (54 FR 23,756; FERC BILLING CODE 6717±01±M mandated by the State of Maine. Stats. and Regs. Regs. Preamble 1986– l. Locations of the application: A copy 1990 30,854 at p. 31,437), the of the application is available for DEPARTMENT OF ENERGY Commission declined to forbid all inspection and reproduction at the license transfers during the last five Commission’s Public Reference Room, Federal Energy Regulatory years of an existing license, and instead located at 888 First Street, NE, Room Commission indicated that it would scrutinize all 2A, Washington, DC 20426, or by calling such transfer requests to determine if (202) 208–1371. This filing may be Notice of Transfer of License and the transfer’s primary purpose was to viewed on http;//www.ferc.fed.us/ Soliciting Comments, Motions To give the transferee an advantage in online/rims.htm (call (202) 208–2222 for Intervene, and Protests relicensing (id. at p. 31,438 n. 318). The assistance). A copy is also available for transfer would lead to the substitution April 19, 1999. inspection and reproduction at the of the transferee for the transferor as the Take notice that the following address in item h above. applicant in the relicensing proceedings m. Individuals desiring to be included application has been filed with the for Project No. 2554. on the Commission’s mailing list should Commission and is available for public l. Locations of the application: A copy so indicate by writing to the Secretary of inspection: of the application is available for the Commission. a. Application Type: Transfer of inspection and reproduction at the B. Comments, Protests, or Motions To License. Commission’s Public Reference Room, Intervene—Anyone may submit b. Project No.: 2554–006. located at 888 First Street, NE, Room comments, a protest, or a motion to c. Date Filed: March 29, 1999. intervene in accordance with the d. Applicants: Moreau Manufacturing 2A, Washington, D.C. 20426, or by requirements of Rules of Practice and Corporation (MMC) and Niagara calling (202) 208–1371. The application Procedure, 18 CFR 385.210, 385.211, Mohawk Power Corporation (NMPC). may be viewed on the web at 385.214. In determining the appropriate e. Name of Project: Feeder Dam www.ferc.fed.us/online/rims.htm (call action to take, the Commission will Hydroelectric Project. (202) 208–2222 for assistance). A copy consider all protests or other comments f. Location: On the Hudson River in is also available for inspection and filed, but only those who file a motion Saratoga and Washington Counties, New reproduction at the address in item h to intervene in accordance with the York. The project does not occupy above. m. Individuals desiring to be included Commission’s Rules may become a federal or tribal lands. on the Commission’s mailing list should party to the proceeding. Any comments, g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary of protests, or motions to intervene must Act, 16 U.S.C. 8. the Commission. be received on or before the specified h. Applicant Contacts: For MMC: Mr. B. Comments Protests, or Motions to comment date for the particular Michael W. Murphy, Moreau Intervene—Anyone may submit application. Manufacturing Corporation, c/o Niagara C1. Filing and Service of Responsive Mohawk Power Corp., 300 Erie comments, a protest, or a motion to Documents—Any filings must bear in Boulevard West, Syracuse, NY 13202 intervene in accordance with the all capital letters the title (315) 428–6941. For NMPC: Mr. Stephen requirements of Rules of Practice and ‘‘COMMENTS’’, C. Palmer, Swidler Berlin Shereff Procedure, 19 CFR 385.210, 385.211, ‘‘RECOMMENDATIONS FOR TERMS Friedman, LLP, 3000 K Street, N.W., 385.214. In determining the appropriate AND CONDITIONS’’, ‘‘PROTEST’’, or Suite 300, Washington, DC 20007 (202) action to take, the Commission will ‘‘MOTION TO INTERVENE’’, as 424–7500. consider all protests or other comments applicable, and the Project Number of i. FERC Contact: Any questions on filed, but only those who file a motion the particular application to which the this notice should be addressed to James to intervene in accordance with the filing refers. Any of the above-named Hunter at (202) 219–2839, or e-mail Commission’s Rules may become a documents must be filed by providing address: [email protected]. party to the proceeding. Any comments, the original and the number of copies j. Deadline for filing comments and or protests, or motions to intervene must provided by the Commission’s motions: May 27, 1999. be received on or before the specified regulations to: The Secretary, Federal All documents (original and eight comment date for the particular Energy Regulatory Commission, 888 copies) should be filed with: David P. application. First Street, NE, Washington, DC 20426. Boergers, Secretary, Federal Energy C1. Filing and Service of Responsive A copy of any motion to intervene must Regulatory Commission, 888 First Documents—Any filings must bear in also be served upon each Street, N.E., Washington DC 20426. all capital letters the title representatives of the Applicant Please include the project number (P– ‘‘COMMENTS’’, specified in the particular application. 2554–006) on any comments or motions 1 The Commission has authorized continued D2. Agency Comments—Federal State, filed. project operation. See Table of Notices of and local agencies are invited to file k. Description of Proposals: Transfer Authorization for Continued Project Operation, 66 comments on the described application. of the license for this project from MMC, FERC ¶ 61,145 (1994).

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‘‘RECOMMENDATIONS FOR TERMS the conclusion of the crude oil $.0006 per gallon to those refund AND CONDITIONS’’, ‘‘PROTEST’’, or overcharge refund proceeding. recipients that had been paid at the ‘‘MOTION TO INTERVENE’’, as FOR FURTHER INFORMATION CONTACT: $.0002 rate. See Crude Oil applicable, and the Project Number of Thomas L. Wieker, Deputy Director, or Supplemental Refund Distribution, 18 the particular application to which the Janet N. Freimuth, Deputy Assistant DOE ¶ 85,878 (1989). Second, in 1995, filing refers. Any of the above-named Director, Office of Hearings and the OHA raised the volumetric to $.0016 documents must be filed by providing Appeals, Department of Energy, 1000 per gallon; the OHA notified refund the original and the number of copies Independence Avenue, SW, recipients that had been paid at the provided by the Commission’s Washington, DC 20585–0107, telephone $.0008 per gallon volumetric of the regulations to: The Secretary, Federal number 202–426–1527, FAX 202–426– availability of a $.0008 supplemental Energy Regulatory Commission, 888 1415. payment. See 60 FR. 15562 (March 24, 1995). First Street, NE, Washington, DC 20426. SUPPLEMENTARY INFORMATION: The The OHA’s 1995 notice advised A copy of any motion to intervene must Department of Energy’s crude oil refund recipients that if they wished to also be served upon each representative overcharge refund proceeding began receive a supplemental payment at that of the Applicant specified in the over twelve years ago. In August 1986, time, they should verify to the OHA that particular application. the DOE announced its policy certain information was still correct, D2. Agency Comments—Federal, concerning the administration of a state, and local agencies are invited to such as their address. The 1995 notice proceeding to refund crude oil stated that refund recipients could wait file comments on the described overcharge funds to injured purchasers application. A copy of the application until the end of the proceeding to of refined petroleum products. See 51 receive their supplemental payment, as may be obtained by agencies directly FR 27,899 (August 4, 1986) (Modified from the Applicant. If an agency does well as any final payment that might be Statement of Restitutionary Policy in made. not file comments within the time Crude Oil Cases (MSRP)). That same specified for filing comments, it will be The OHA mailed the 1995 notice to month, the first crude oil refund over 56,000 refund recipients that had presumed to have no comments. One application was filed. Pursuant to the copy of an agency’s comments must also filed directly with the OHA for their MSRP, the OHA announced, in April original refund, i.e., refund recipients be sent to the Applicant’s 1987, that it would use the refund representatives. that did not file through a procedures at 10 CFR part 205, Subpart representative. The mailing went to David P. Boergers, V, to process crude oil refund each such recipient whose Secretary. applications. 52 FR 11,737 (1987). The supplemental refund would be $50 or [FR Doc. 99–10218 Filed 4–22–99; 8:45 am] OHA accepted crude oil refund more, i.e., refund recipients with BILLING CODE 6717±01±M applications until the June 1995 approved purchases of 62,500 gallons or deadline. more. Although the OHA did not mail As the OHA has conducted the crude to small refund recipients, i.e., those DEPARTMENT OF ENERGY oil overcharge refund proceeding, the entitled to less than $50, the OHA stated DOE has continued to collect additional that those refund recipients could Office of Hearings and Appeals overcharge funds. Under the MSRP, up request a supplemental refund. In to 20 percent of crude oil overcharge Announcement of Final Deadline to addition to the mailing to the over funds are reserved for direct refunds to Request Supplemental Crude Oil 56,000 recipients that did not file claimants through the OHA pursuant to Overcharge Refunds through a representative, the OHA Subpart V. The remaining 80 percent is mailed a notice to the representatives of AGENCY: Office of Hearings and Appeals, divided equally between the federal an additional 12,000 refund recipients. Department of Energy. government (40 percent) and the states Since 1995, the OHA has granted ACTION: Notice of final deadline for (40 percent) for indirect restitution. supplemental refunds totaling $268 crude oil overcharge refund recipients Because of the potential availability of million to 56,000 recipients. At the to request the $.0008 per gallon additional funds, the OHA decisions same time, the OHA has almost supplemental refund first announced in approving refund applications advise completed its consideration of the 1995 in the crude oil overcharge refund the refund recipient to inform the OHA original crude oil overcharge refund proceeding (RF272 Case Nos.). of any change of address. applications. The OHA has granted a The amount of a refund is based on total of $597 million to 91,500 SUMMARY: The Office of Hearings and the refund recipient’s volume of refined recipients. Of the total 100,000 Appeals of the Department of Energy petroleum product purchases, applications filed, only 1,000 remain has set a January 31, 2000 deadline for multiplied by a per gallon refund pending. requesting the $.0008 per gallon amount, referred to as the ‘‘volumetric The OHA has now determined that a supplemental refund first announced in refund amount’’ or simply the January 31, 2000 deadline for requesting 1995 in the crude oil overcharge refund ‘‘volumetric.’’ The larger a firm’s or the $.0008 per gallon supplemental proceeding. The deadline applies to all individual’s purchases, the greater the refund announced in 1995 should be set refund recipients eligible for a injury from crude oil overcharges and for refund recipients whose supplemental refund of $50 or more. therefore the greater the refund. As the supplemental refund would be $50 or Those refund recipients that do not DOE has collected additional crude oil more, i.e., refund recipients with request a supplemental refund by the overcharge funds, the OHA has raised approved purchases of 62,500 gallons or deadline will forfeit the supplemental the volumetric. The OHA originally more. Both administrative efficiency refund and any further payment from paid crude oil overcharge refund and the goal of achieving finality in the crude oil overcharge funds. Small recipients at a rate of $.0002 per gallon. crude oil overcharge refund proceeding refund recipients, i.e., those eligible for The OHA has raised the volumetric warrant establishing the deadline. Over a supplemental refund less than $50, twice. First, in 1989, the OHA raised the the last four years, the OHA has granted continue to have the option of volumetric to $.0008 per gallon; the supplemental refunds to 56,000 requesting a supplemental refund until OHA sent a supplemental payment of applicants, representing 335 million

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 19999 gallons of approved purchases. A ENVIRONMENTAL PROTECTION The US Department of Agriculture, deadline for requesting a supplemental AGENCY Forest Service and the US Department of the Interior, Bureau of Land refund is a necessary, interim step to the [ER±FRL±6241±9] completion of the crude oil overcharge Management are Joint Lead Agencies on refund proceeding, which has been Environmental Impact Statements; the above project. pending over 12 years. In order to make Notice of Availability EIS No. 990127, Final EIS, DOE, CA, any final payment in the proceeding, we Sutter Power Plant Project, Operation RESPONSIBLE AGENCY: Office of Federal need to determine the number of and Maintenance of a High-Voltage Activities, General Information (202) eligible recipients and the total amount Electric Transmission, 500 megawatt 564–7167 OR (202) 564–7153. (MW) Gas Fueled, Sutter County, CA, available after current supplemental Weekly receipt of Environmental Due: May 24, 1999, contact Loreen payments are made. When we issued Impact Statements Filed April 12, 1999 McMahon (916) 353–4460. original refund decisions, we advised Through April 16, 1999 Pursuant to 40 EIS No. 990128, Draft EIS, FRC, PA, NJ, refund recipients to keep us informed of CFR 1506.9. NY, Millennium Pipeline Project, address changes, but some refund EIS No. 990121, Draft EIS, COE, FL, recipients failed to do so. We are Construct and Operate an Interstate Alligator Chain of Lakes and Lake Natural Gas Pipeline from United concerned that the addresses and other Gentry Extreme Drawdown and information for the refund recipients States to Canada, including PA, NY Habitat Enhancement Project, and NJ, Due: June 07, 1999, Contact: that did not request a supplemental Implement Aquatic Habitat Paul McKee (202) 208–1611. payment may not be current. For Enhancement, Osceola County, FL, EIS No. 990129, Draft EIS, FRC, MA, example, the recipient may have a new Due: June 10, 1999, Contact: Christine Holyoke Hydroeletric Relicensing Bauer (904) 232–3271. address or the recipient may no longer Project, (FERC Nos. 2004–073 and EIS No. 990122, Draft EIS, GSA, TN, exist—an individual applicant may have 11607–000), Construction, Operation died or a business entity may have Volunteer Army Ammunition Plant, Disposal and Transfer Ownership of and Maintenance, Located on the ceased operations. Setting a deadline for Connecticut River, Hampshire, all supplemental payments will allow Property to Other Federal Agencies and Private Entities, City of Hampden and Franklin Counties, MA, us to identify those recipients that are Due: June 07, 1999, Contact: Allan E. either unreachable or that are not Chattanooga’s, Hamilton County, TN, Due: June 08, 1999, Contact: Phil Creamer (202) 219–0365. interested in receiving a supplemental Youngberg (404) 331–1831. EIS No. 990130, Revised Draft EIS, DOE, refund. Those recipients will forfeit any EIS No. 990123, Draft EIS, COE, IL, WA, Hanford Remedial Action, further refund, which will then allow us Hunter Lake New Supplemental Revised and New Alternatives, to calculate a final payment for all Water Supply Reservoir, Comprehensive Land-Use Plan, remaining recipients, provided Construction, City of Springfield Hanford Site lies within the Pasco sufficient crude oil overcharge funds are Application for Permit, Sangamon Basin of the Columbia Plateau, WA, left over. County, IL, Due: June 07, 1999, Due: June 07, 1999, Contact: Thomas Based on the foregoing, we intend to Contact: Charlene Carmack (309) 794– W. Ferns (509) 372–0649. EIS No. 990131, Final EIS, NCP, MD, mail notice of a January 31, 2000 5570. National Harbor Project, Construction deadline to the 10,000 refund recipients EIS No. 990124, Final EIS, DOE, TN, NY, IL, NM, Spallation Neutron and Operation along the Potomac with approved purchases of 62,500 River on a 534 acre site adjacent to the gallons or more that have not yet Source (SNS) Facility Construction and Operation, Implementation and Capital Beltway and Oxon Hill Manor, requested a supplemental refund. As Site Selection, Oak Ridge National COE Section 10 and 404 Permits, stated above, a refund recipient with Laboratory, Oak Ridge, TN; Argonne Prince George’s County, MD, Due: approved purchases of 62,500 gallons or National Laboratory, Argonne, IL; May 24, 1999, Contact: Eugene Keller more that does not request a Brookhaven National Laboratory, (202) 482–7251. supplemental refund by January 31, Upton, NY; and Los Alamos National EIS No. 990132, Final EIS, DOE, KY, 2000 will not be eligible for any further Laboratory, Los Alamos, NM, Due: TN, OH, TN, Programmatic EIS— payment from crude oil overcharge May 24, 1999, Contact: David Wilfert Alternative Strategies for the Long- funds. The deadline does not apply to (800) 927–9964. Term Management and Use of small refund recipients, i.e., those with EIS No. 990125, Final EIS, FHW, WA, Depleted Uranium Hexafluoride, approved purchases of less than 62,500 WA–167 Corridor Adoption, WA–167 Paducah Site, McCracken County, KY; gallons. We have concluded that Freeway Extension from WA–167/ Portsmouth Site, Pike County, OH; mailing notice to such refund recipients Meridian Street North in the City of and K–25 Site on the Oak Ridge is not appropriate, given the small size Puyallup to the proposed WA–509 Reservation, Anderson and Roane of the refund (less than $50) and the age Freeway/East-West Alignment in the Counties, TN, Due: May 24, 1999, of the addresses in our data base. Small City of Tacoma, Funding and COE Contact: Scott E. Harlow (301) 903– refund recipients continue to have the Section 404 Permit, Pierce County, 3352. option of requesting a supplemental WA, Due: May 24, 1999, Contact: Jeff EIS No. 990133, Draft EIS, FRC, IL, MI, refund until the conclusion of the crude Sawyer (360) 357–2713. PA, IN, OH, NJ, Independence oil overcharge refund proceeding. EIS No. 990126, Draft EIS, AFS, MT, Pipeline and Market Link Expansion North Belts Travel Plan/Maypie Projects, Construction and Operation, Dated: April 15, 1999. Confederate Vegetation Restoration Interstate National Gas Pipeline, George B. Breznay, Project, Improvements, Helena (Docket Nos. CP97–315–001, CP97– Director, Office of Hearings and Appeals, National Forest, Townsend and 319–000, CP98–200–000 and CP98– Department of Energy, Washington, DC. Helena Ranger District, Broadwater, 540–000), NPDES and COE Section [FR Doc. 99–10192 Filed 4–22–99; 8:45 am] Lewis and Clark and Meagher County, 404 Permits, IL, IN, MI, OH, PA and BILLING CODE 6450±01±P MT, Due: June 07, 1999, Contact: NJ, Due: June 07, 1999, Contact: Paul Carol Nunn (406) 266–3425. McKee (202) 208–1611.

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Amended Notices Efficiency and Water Conservation. EPA Consolidated Government of Columbus EIS No. 990107, Final EIS, FRC, MI, IN, requested that information on this issue Proposed Land Exchange, Muscogee and IL, IN, Vector Pipeline Project, be included in the final document. Chattahoochee Counties, GA. Summary: EPA raised concerns about Natural Gas Pipeline and Associated Final EISs above ground Facilities Construction the gopher tortoises have been ERP No. F–BIA–K02010–AZ, adequately resolved; however, the and Operation, Approval, Joliet, IL to Southpoint Power Plant, Fort Mojave Vector Canada at the International actual long-term impacts of land use Indian Reservation Approval of a Lease changes attendant to the exchanges Border near St. Clair, MI, several for Development Project, Construction counties, MI, IN, and IL , Due: May remained to be determined. and Operation of a 500 Megawatt ERP No. F–USA–G11027–NM, White 10, 1999, Contact: Paul McKee (202) Natural Gas Fired Power Plant, NPDES 208–1611. Sands Missile Range (WSMR), Permit and COE Section 404 Permit, Implementation, Range-Wide, Las Published FR 04–09–99 Correction to Mohave County, AZ. Telephone Number. Cruces, NM. Summary: EPA had no objection to Summary: Review of the Final EIS has Dated: April 20, 1999. the proposed action. resulted in no objection to the project as ERP No. F–BLM–J01009–WY, Carbon William D. Dickerson, proposed. Basin Coal Project Area, Coal Lease Director, NEPA Compliance Division, Office ERP No. F–USN–K11089–HI, Pacific Application for Elk Mountain/ of Federal Activities. Missile Range Facility Enhanced [FR Doc. 99–10284 Filed 4–22–99; 8:45 am] Saddleback Hills, Carbon County, WY. Summary: Final EIS adequately Capabilities, To Accommodate Theater BILLING CODE 6560±50±U addressed most of EPA’s concerns. Ballistic Missile Defense (TBMD) ERP No. F–DOA–G36149–OK, Double Training & Testing and Theate Missile Creek Watershed Plan, Implementation, Defense (TMD) Testing, NPDES Permit, ENVIRONMENTAL PROTECTION several counties, HI. AGENCY Watershed Protection and Flood Prevention, National Economic Summary: EPA expressed [ER±FRL±6242±1] Development (NED), Town of Ramona, environmental concerns regarding the Washington and Osage Counties, OK. lack of commitment to proposed Environmental Impact Statements and Summary: EPA had no objection to mitigation. EPA requested that the Regulations; Availability of EPA the selection of the lead agency’s Record of Decision clearly document the Comments preferred alternative as described in the mitigation measures that will be implemented. Availability of EPA comments DEIS. ERP No. F–USN–K11093–HI, Barbers prepared March 29, 1999 through April ERP No. F–DOE–L09813–ID, Point Naval Air Station, Disposal and 02, 1999 pursuant to the Environmental Advanced Mixed Waste Treatment Reuse of Land Facilities, HI. Review Process (ERP), under Section Project, Construction and Operation, Site Selection, Idaho National Summary: Review of the Final EIS has 309 of the Clean Air Act and Section Engineering and Environmental been completed and no environmental 102(2)(c) of the National Environmental Laboratory (INEEL), Eastern Snake River objection were identified. Policy Act as amended. Requests for Plain, ID. Other copies of EPA comments can be directed Summary: Review of the Final EIS has to the Office of Federal activities at resulted in no objection to project as ERP No. LF–USN–K11091–NV, Fallon (202) 564–7167. proposed. Naval Air Station, Renewal of the B–20 An explanation of the ratings assigned ERP No. F–DOI–K39053–CA, San Land Withdrawal, City of Fallon, to draft environmental impact Joaquin River Agreement Project, Churchill County, NV. statements (EISs) was published in FR Implementation of the Meeting Flow Summary: Review of the Final EIS has dated April 09, 1999 (64 FR 17362). Objectives for 1999–2010, Vernalis been completed and no environmental Draft EISs Adaptive Management Plan, San objection were identified . Joaquin, Stanislaus, Madera, Merced, ERP No. D–NPS–K65209–00 Rating Dated: April 20, 1999. Fresno and Tuolume Counties, CA. LO, Death Valley National Park General Summary: Review of the Final EIS William D. Dickerson, Management Plan, Implementation, was not deemed necessary. No formal Director, NEPA Compliance Division, Office Mojave Desert, Inyo and San Bernardino comment letter was sent to the of Federal Activities. Counties, CA and Nye and Esmeralda preparing agency. [FR Doc. 99–10285 Filed 4–22–99; 8:45 am] Counties, NV. ERP No. F–FHW–K40142–CA, CA–4 BILLING CODE 6560±50±U Summary: EPA expressed lack of ‘‘GAP’’ Closure Project, Improvements objections, however, EPA made specific between I–80 and Cunninings Skyway, comments regarding groundwater Funding, NPDES Permit and COE ENVIRONMENTAL PROTECTION extraction outside the park, grazing Section 404 Permit, City of Hercules, AGENCY within park boundaries, and military Contra Costa County, CA. [FRL±6330±4] overflights. Summary: Review of the FEIS was not ERP No. D–UMC–K11096–AZ Rating deemed necessary. No formal comment Notice of Meeting of the EPA's EC2, Yuma Marine Corps Air Station letter was sent to the preparing agency. Children's Health Protection Advisory (MCAS), To Improve Ordnance ERP No. F–NOA–E39044–FL, Guana, Committee (CHPAC) Handling and Storage, Construct a new Tolomato, Matanizas, Site Designation, Combat Aircraft Loading Area (CALA); National Estuarine Research Reserve, AGENCY: Environmental Protection New Station Ordnance Area and Management Plan, City of Jacksonville, Agency (EPA). Relocation of MCAS Yuma, AZ. St. Johns and Flagler Counties, FL. ACTION: Notice of meeting. Summary: EPA expressed Summary: EPA expressed no environmental concerns regarding the objection to the action as proposed. SUMMARY: Pursuant to the provisions of lack of information on compliance with ERP No. F–USA–E11043–GA, U.S. the Federal Advisory Committee Act, Executive Order 12902, Energy Army/Fort Benning and The Public Law 92–463, notice is hereby

VerDate 23-MAR-99 18:59 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm01 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20001 given that the next meeting of the ENVIRONMENTAL PROTECTION generator class. Payment amounts for Children’s Health Protection Advisory AGENCY each de minimis generator were calculated by multiplying the generator Committee (CHPAC) will be held on [FRL±6330±5] May 4–6, 1999, at the Ramada Plaza site cost by each de minimis generator’s Hotel Pentagon in Alexandria, VA at Proposed Administrative Cashout De percentage share of volume contributed Seminary Road and I–395. The CHPAC Minimis Settlement Under Section to the site. was created to advise the Environmental 122(g) of the Comprehensive Under the terms of the settlement, the Protection Agency in the development Environmental Response de minimis generators who sign the Consent Order agree to pay their of regulations, guidance and policies to Compensation and Liability Act; In the respective settlement amounts. In address children’s environmental Matter of Tri-County/Elgin Landfill Site, Kane County, IL exchange for those payments, the health. United States covenants not to sue or DATES: Tuesday, May 4, 1999, Work AGENCY: Environmental Protection take administrative action pursuant to Group meetings only; plenary sessions Agency (EPA). sections 106 and 107(a) of CERCLA, 42 Wednesday, May 5 and Thursday, May ACTION: Notice; request for public U.S.C. 9606 and 9607(a), relating to the 6, 1999. comment. Site. In addition, participating de minimis generators will be entitled to ADDRESSES: Ramada Plaza Hotel SUMMARY: In accordance with section protection from contribution actions or Pentagon, Alexandria, VA at Seminary 122(i) of the Comprehensive claims as provided by sections 113(f) Road and I–395. Environmental Response, and 122(g)(5) of CERCLA, 42 U.S.C. Compensation, and Liability Act, as 9613(f) and 9622(g)(5), for all response AGENDA ITEMS: The meetings of the amended (‘‘CERCLA’’), 42 U.S.C. costs incurred and to be incurred by any CHPAC are open to the public. The 9622(i), notice is hereby given of a person at the Site. Outreach and Communications Work proposed administrative settlement for For thirty (30) days following the date Group, the Science and Research Work recovery of past and projected future of publication of this document, the Group, and the Regulatory Process Work response costs concerning the Tri- Agency will receive written comments Group will meet from 10:00 a.m. to 5:00 County/Elgin Landfill site in Kane relating to the settlement. The Agency p.m. on Tuesday, May 4, 1999. The County, Illinois, with the settling parties will consider all comments received and Economics Work Group will meet from listed in the Supplementary Information may modify or withdraw its consent to 8:30 a.m. to 4:30 p.m. on Tuesday, May portion of this document. The the settlement if comments received 4. settlement requires the 125 settling disclose facts or considerations which parties to pay $2,072,421.00 to the The plenary session will begin on indicate that the settlement is Hazardous Substance Superfund. inappropriate, improper, or inadequate. Wednesday, May 5 from 8:30 a.m. to The total cost of the cleanup (without 5:15 p.m. and Thursday, May 6, from The Agency’s response to any comments adjustments, such as the premium and received will be available for public 8:45 a.m. to 12:00 p.m. The plenary the use of only a percentage of the cost session will open with introductions inspection at EPA’s Region 5 Office at of the groundwater component) is 77 West Jackson Boulevard, Chicago, and a review of the agenda and $25,649,139.43. This number is the sum Illinois 60604 and at the Gail Borden objectives for the meeting. Some of EPA’s past costs of $2,536,732.00, Public Library in Elgin. tentative agenda items include reports plus past costs incurred by certain DATES: Comments must be submitted on from the Work Groups, a presentation potentially responsible parties of or before May 24, 1999. on key economics issues and a two $2,039,318.43, plus capital costs of ADDRESSES: panel discussions on EPA’s proposed $16,650,000.00 for the landfill cap and The proposed settlement is available for public inspection at EPA’s cancer guidelines. There will be a the gas extraction remedy components, Record Center, 7th floor, 77 W. Jackson public comment period on Wednesday, plus the capital cost for the groundwater Blvd., Chicago, Illinois 60604. A copy of May 5, 1999, from 4:45–5:15 p.m. component of $3,623,089.00, plus EPA’s estimated future oversight cost of the proposed settlement may be FOR FURTHER INFORMATION CONTACT: $800,000.00. For purposes of the de obtained from Jeffrey A. Cahn, Associate Contact Paula R. Goode, Office of minimis offer, the groundwater Regional Counsel, U.S. EPA, Mail Code Children’s Health Protection, USEPA, component costs were adjusted C–14J, 77 W. Jackson Blvd., Chicago, MC 1107, 401 M Street, SW, downward, and total future site costs Illinois 60604, telephone (312) 886– Washington, D.C. 20460, (202) 260– were assigned a premium of 30%. These 6670. Comments should reference the 7778, [email protected]. cost adjustments were for reasons of Tri-County/Elgin Landfill site, Kane County, Illinois, and EPA Docket No. V– Dated: April 9, 1999. fairness. The de minimis generator class’ share of responsibility, as reflected in W–99–C–507, and should be addressed E. Ramona Trovato, the total site costs, was further adjusted to Jeffrey A. Cahn, Associate Regional Director, Office of Children’s Health by taking into consideration other Counsel, U.S. EPA, Mail Code C–14J, 77 Protection. parties, besides generators, who may be W. Jackson Blvd., Chicago, Illinois [FR Doc. 99–10234 Filed 4–22–99; 8:45 am] liable at the site. The generator class’ 60604. BILLING CODE 6560±50±P allocated responsibility is 50%, and is FOR FURTHER INFORMATION CONTACT: reflected through a downward Jeffrey A. Cahn, Associate Regional adjustment to the Total Site Cost. Thus, Counsel, U.S. EPA, Mail Code C–14J, 77 the generator site cost is 50% of the total W. Jackson Blvd., Chicago, Illinois site cost (because the transporters and 60604, telephone (312) 886–6670. the owner/operator also are potentially SUPPLEMENTARY INFORMATION: The responsible for response costs). The following is a list of the settling de owner/operator and transporter classes minimis generators: are assigned responsibility for the ACME Eyelet Stamping Company portion of the costs not assigned to the ACME Screw Company

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Advance Sheet Metal Liquid Container Jr. (Comptroller of the Currency), and Alumax Extrusions, Inc. Ludwig Dairy Corp. Chairman Donna Tanoue, that Americana Nursing Center Majestic Distributors Corporation business required the George J. Ball Company Malcor Roofing Co. withdrawal from the agenda for Barker Lumber Co. Maremont Corp. Barnharts Standard McWhorter Tech. consideration at the meeting, on less Boehringer Mannheim Corp. Metropolitan Sanitary Dist. than seven days’ notice to the public, of Bonnie Dundee Golf Club Municipal Ins. Co. of America the following matter: Brady Ready Mix National Tea Co. Memorandum re: Proposed revision to Brunswick Bowling Division Nichols Homeshield Memorandum of Understanding Northern Illinois Gas Co. Burren Transfer between the FDIC and FICO Regarding Capsonic Group Northwestern Chemical Co. Carefree Garden Products Olsen Electronics the Collection of Assessments. Carlith Printers Olympic Controls Corp. The Board further determined, by the Central Ink and Chemical Orkin Exterminating same majority vote, that no earlier Checker Oil Co. Otto Engineering notice of the change in the subject Chicago Northwestern Railroad JH Patterson Lbr. matter of the meeting was practicable. Chicago Title Insurance Pierce & Stevens Chemical City of West Chicago Quilt Master Inc. Dated: April 20, 1999. Clark Oil & Refining Corp. Radio Shack Federal Deposit Insurance Corporation. Clark Outdoor Spraying Renberg Garage James D. LaPierre, Rep Corp. Commercial Printing Deputy Executive Secretary. Commonwealth Edison Revere Electric Continental Envelope Corp. Rollins Leasing Corp. [FR Doc. 99–10340 Filed 4–21–99; 10:39 am] Countryside Graphics Safety Kleen Corp. BILLING CODE 6714±01±M Crane Co. Saint Andrews Country Club Crest Motel Schaumberg Dodge Crest Photo Lab Seven-Eleven FEDERAL DEPOSIT INSURANCE Days Gas Station Seven-Up Bottling Co. CORPORATION Dempsey Tool-Engineering Shaped Wire, Inc. Ditchwitch of Illinois Shell Oil Co. Notice of Agency Sunshine Act Dominick’s Finer Foods So-Fro Fabrics Meeting Dukane Corp. Spiegel Mail Order Dundee Animal Hospital Standard Oil Co. Pursuant to the provisions of the Star Displays, Inc. Dunkin Donut ‘‘Government in the Sunshine Act’’ (5 Dupage County Airport Steves Equipment Stewart Warner U.S.C. 552b), notice is hereby given that Dupage County Building Administration at 10:20 a.m. on Tuesday, April 20, Eaton Corp. Controls Division Suburban Plastics Elgin Business Forms Taco Bell 1999, the Board of Directors of the Elgin Corrugated Box Tessendorf Mechanical Ind. Federal Deposit Insurance Corporation Elgin Country Club U.S. Life Service met in closed session to consider (1) Elgin Courier News W.J. Dennis Co. Matters relating to the Corporation’s Elgin Die Mold W.R. Meadows corporate, supervisory, and resolution Walgreens Co. Elgin Federal Savings activities, and (2) matters relating to an Elgin Key and Lock Co. Inc. West Chicago State Bank Woolco Dept. Stores administrative enforcement proceeding. Elgin Realty Zurich-American Ins. Co. Elgin Sanitary District In calling the meeting, the Board Elgin State Bank Authority: The Comprehensive determined, on motion of Director Ellen Elgin Sweeper Co. Environmental Response, Compensation, and S. Seidman (Director, Office of Thrift Ferdon Plastics Liability Act of 1980, as amended, 42 U.S.C. Supervision), seconded by Vice Flex-Weld Inc. 9601, et seq. Chairman Andrew C. Hove, Jr., Fox Electric Supply Co. William E. Muno, concurred in by Director John D. Hawke, Fox Valley Marketing System Director, Superfund Division. Jr. (Comptroller of the Currency), and Glen Oak County Club [FR Doc. 99–10233 Filed 4–22–99; 8:45 am] Chairman Donna Tanoue, that Globe Glass BILLING CODE 6560±50±P Corporation business required its Goodyear Harbrace Publications consideration of the matters on less than Haumiller Engineering Co. seven days’ notice to the public; that no Hawthorn Realty Group FEDERAL DEPOSIT INSURANCE notice earlier than April 16, 1999, of the Head Inc.& Screw Product CORPORATION meeting was practicable; that the public SA Healy Co. interest did not require consideration of Herbs Glass & Mirror Notice of Change in Subject Matter of the matters in a meeting open to public Inlaid Wood Craft Agency Sunshine Act Meeting observation; and that the matters could Inland Real Estate be considered in a closed meeting by Pursuant to the provisions of International Harvester authority of subsections (c)(2), (c)(6), IVCO Inc. subsection (e)(2) of the ‘‘Government in (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the Jel-Sert the Sunshine Act’’ (5 U.S.C. 552b(e) (2)), ‘‘Government in the Sunshine Act’’ (5 Jones Electric Co. notice is hereby given that at its open U.S.C. 552b(c)(2), (c)(6), (c)(8), Jurs Auto Service meeting held at 10:00 a.m. on Tuesday, (c)(9)(A)(ii), and (c)(9)(B)). K Mart Auto April 20, 1999, the Corporation’s Board Katy Industries The meeting was held in the Board Kearneys TV and Appliance of Directors determined, on motion of Vice Chairman Andrew C. Hove, Jr., Room of the FDIC Building located at Kerr-McGee Chemical Corp. 550—17th Street, N.W., Washington, Lake Cook Farm Supply seconded by Director Ellen S. Seidman Lakeview Screw Machine Products (Director, Office of Thrift Supervision), D.C. Lions Photo concurred in by Director John D. Hawke, Dated: April 20, 1999.

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Federal Deposit Insurance Corporation. Locust Street, St. Louis, Missouri 63102- Unless otherwise noted, comments James D. LaPierre, 2034: regarding each of these applications Deputy Executive Secretary. 1. Simmons First National must be received at the Reserve Bank [FR Doc. 99–10341 Filed 4–21–99; 10:39 am] Corporation, Pine Bluff, Arkansas; to indicated or the offices of the Board of BILLING CODE 6714±01±M merge with NBC Bank Corp., El Dorado, Governors not later than May 20, 1999. Arkansas, and thereby indirectly acquire A. Federal Reserve Bank of Atlanta National Bank of Commerce of El (Lois Berthaume, Vice President) 104 Dorado, El Dorado, Arkansas. Marietta Street, N.W., Atlanta, Georgia FEDERAL RESERVE SYSTEM C. Federal Reserve Bank of Kansas 30303-2713: City (D. Michael Manies, Assistant Vice 1. The Banc Corporation, Formations of, Acquisitions by, and Birmingham, Alabama; to merge with Mergers of Bank Holding Companies President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: C&L Banking Corporation, Bristol, The companies listed in this notice 1. Amoret Bancshares, Butler, Florida, and thereby indirectly acquire have applied to the Board for approval, Missouri; to acquire 100 percent of the C&L Bank of Bristol, Bristol, Florida. pursuant to the Bank Holding Company voting shares of C.J. Bancshares, Inc., 2. The Banc Corporation, Act of 1956 (12 U.S.C. 1841 et seq.) Harrisonville, Missouri. Birmingham, Alabama; to acquire 100 percent of the voting shares of C&L Bank (BHC Act), Regulation Y (12 CFR Part 2. FirstBank Holding Company of of Blountstown, Blountstown, Florida. 225), and all other applicable statutes Colorado ESOP, and FirstBank Holding and regulations to become a bank Company of Colorado, both of Board of Governors of the Federal Reserve holding company and/or to acquire the Lakewood, Colorado; to acquire 100 System, April 20, 1999. assets or the ownership of, control of, or percent of the voting shares of FirstBank Robert deV. Frierson, the power to vote shares of a bank or of El Paso County, Colorado Springs, Associate Secretary of the Board. bank holding company and all of the Colorado (in organization). [FR Doc. 99–10270 Filed 4–22–99; 8:45 am] banks and nonbanking companies Board of Governors of the Federal Reserve BILLING CODE 6210±01±F owned by the bank holding company, System, April 19, 1999. including the companies listed below. Robert deV. Frierson, The applications listed below, as well FEDERAL RESERVE SYSTEM Associate Secretary of the Board. as other related filings required by the Board, are available for immediate [FR Doc. 99–10133 Filed 4–22–99; 8:45 am] Notice of Proposals to Engage in inspection at the Federal Reserve Bank BILLING CODE 6210±01±F Permissible Nonbanking Activities or indicated. The application also will be to Acquire Companies that are Engaged in Permissible Nonbanking available for inspection at the offices of FEDERAL RESERVE SYSTEM the Board of Governors. Interested Activities persons may express their views in Formations of, Acquisitions by, and The companies listed in this notice writing on the standards enumerated in Mergers of Bank Holding Companies have given notice under section 4 of the the BHC Act (12 U.S.C. 1842(c)). If the Bank Holding Company Act (12 U.S.C. proposal also involves the acquisition of The companies listed in this notice 1843) (BHC Act) and Regulation Y, (12 a nonbanking company, the review also have applied to the Board for approval, CFR Part 225) to engage de novo, or to includes whether the acquisition of the pursuant to the Bank Holding Company acquire or control voting securities or nonbanking company complies with the Act of 1956 (12 U.S.C. 1841 et seq.) assets of a company, including the standards in section 4 of the BHC Act. (BHC Act), Regulation Y (12 CFR Part companies listed below, that engages Unless otherwise noted, nonbanking 225), and all other applicable statutes either directly or through a subsidiary or activities will be conducted throughout and regulations to become a bank other company, in a nonbanking activity the United States. holding company and/or to acquire the that is listed in § 225.28 of Regulation Unless otherwise noted, comments assets or the ownership of, control of, or Y (12 CFR 225.28) or that the Board has regarding each of these applications the power to vote shares of a bank or determined by Order to be closely must be received at the Reserve Bank bank holding company and all of the related to banking and permissible for indicated or the offices of the Board of banks and nonbanking companies bank holding companies. Unless Governors not later than May 17, 1999. owned by the bank holding company, otherwise noted, these activities will be A. Federal Reserve Bank of Atlanta including the companies listed below. conducted throughout the United States. (Lois Berthaume, Vice President) 104 The applications listed below, as well Each notice is available for inspection Marietta Street, N.W., Atlanta, Georgia as other related filings required by the at the Federal Reserve Bank indicated. 30303-2713: Board, are available for immediate The notice also will be available for 1. Heartland Bancshares, Inc., Lake inspection at the Federal Reserve Bank inspection at the offices of the Board of Placid, Florida; to become a bank indicated. The application also will be Governors. Interested persons may holding company by acquiring 100 available for inspection at the offices of express their views in writing on the percent of the voting shares of Heartland the Board of Governors. Interested question whether the proposal complies National Bank, Lake Placid, Florida (in persons may express their views in with the standards of section 4 of the organization). writing on the standards enumerated in BHC Act. 2. South Alabama Bancorporation, the BHC Act (12 U.S.C. 1842(c)). If the Unless otherwise noted, comments Inc., Mobile, Alabama; to acquire 100 proposal also involves the acquisition of regarding the applications must be percent of the voting shares of Sweet a nonbanking company, the review also received at the Reserve Bank indicated Water State Bancshares, Inc., Sweet includes whether the acquisition of the or the offices of the Board of Governors Water, Alabama, and thereby indirectly nonbanking company complies with the not later than May 20, 1999. acquire Sweet Water State Bank, Sweet standards in section 4 of the BHC Act. A. Federal Reserve Bank of Cleveland Water, Alabama. Unless otherwise noted, nonbanking (Paul Kaboth, Banking Supervisor) 1455 B. Federal Reserve Bank of St. Louis activities will be conducted throughout East Sixth Street, Cleveland, Ohio (Randall C. Sumner, Vice President) 411 the United States. 44101-2566:

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1. Fifth Third Bancorp, Cincinnati, DEPARTMENT OF HEALTH AND Section 3506(c)(2)(A) of the PRA (44 Ohio; to acquire Emerald Financial HUMAN SERVICES U.S.C. 3506(c)(2)(A)) requires Federal Corp., Strongville, Ohio, and thereby agencies to provide a 60-day notice in indirectly acquire Strongville Savings Food and Drug Administration the Federal Register concerning each Bank, Strongville, Ohio, and thereby [Docket No. 99N±0803] proposed collection of information, engage in savings and loan activities, including each proposed extension of an pursuant to § 225.28(b)(4)(ii) of Agency Information Collection existing collection of information, Regulation Y. Activities: Proposed Collection; before submitting the collection to OMB Comment Request; Regulations for approval. To comply with this Board of Governors of the Federal Reserve Restricting the Sale and Distribution of requirement, FDA is publishing notice System, April 20, 1999. Cigarettes and Smokeless Tobacco to of the proposed collection of Robert deV. Frierson, Protect Children and Adolescents information set forth in this document. Associate Secretary of the Board. With respect to the following AGENCY: [FR Doc. 99–10271 Filed 4–22–99; 8:45 am] Food and Drug Administration, collection of information, FDA invites HHS. comments on: (1) Whether the proposed BILLING CODE 6210±01±F ACTION: Notice. collection of information is necessary for the proper performance of FDA’s SUMMARY: The Food and Drug FEDERAL RESERVE SYSTEM functions, including whether the Administration (FDA) is announcing an information will have practical utility; opportunity for public comment on the Sunshine Act Meeting (2) the accuracy of FDA’s estimate of the proposed collection of certain burden of the proposed collection of information by the agency. Under the AGENCY HOLDING THE MEETING: Board of information, including the validity of Paperwork Reduction Act of 1995 (the Governors of the Federal Reserve the methodology and assumptions used; PRA), Federal agencies are required to System. (3) ways to enhance the quality, utility, publish a notice in the Federal Register and clarity of the information to be TIME AND DATE: 10 a.m., Wednesday, concerning each proposed collection of collected; and (4) ways to minimize the April 28, 1999. information, including each proposed burden of the collection of information extension of an existing collection of on respondents, including through the PLACE: Marriner S. Eccles Federal information, and to allow 60 days for use of automated collection techniques, Reserve Board Building, 20th and C public comment in response to the when appropriate, and other forms of Streets, N.W., Washington, DC 20551. notice. This notice solicits comments on information technology. STATUS: Closed. the proposed collection of information concerning restrictions on the sale and Regulations Restricting the Sale and MATTERS TO BE CONSIDERED: distribution of cigarettes and smokeless Distribution of Cigarettes and Smokeless Tobacco to Protect Children 1. Personnel actions (appointments, tobacco in order to protect children and and Adolescents—OMB No. 0910– adolescents under the Federal Food, promotions, assignments, 0312—Extension reassignments, and salary actions) Drug, and Cosmetic Act (the act). involving individual Federal Reserve DATES: Submit written comments on the Part 897 (21 CFR part 897) reflects System employees. collection of information by June 22, requirements in sections 502(e)(2) and 1999. 520(e) of the Federal Food, Drug, and 2. Any matters carried forward from a Cosmetic Act (the act) (21 U.S.C. ADDRESSES: Submit written comments previously announced meeting. 352(e)(2) and 360j(e)). on the collection of information to the Section 897.24 is intended to CONTACT PERSON FOR MORE INFORMATION: Dockets Management Branch (HFA– Lynn S. Fox, Assistant to the Board; implement section 502(e)(2) of the act. 305), Food and Drug Administration, Under section 502(e)(2) of the act, a 202–452–3204. 5630 Fishers Lane, rm. 1061, Rockville, device is misbranded unless its label SUPPLEMENTARY INFORMATION: You may MD 20852. All comments should be bears the product’s established name. call 202–452–3206 beginning at identified with the docket number Section 502(e)(4) of the act, in turn, approximately 5 p.m. two business days found in brackets in the heading of this explains that the ‘‘established name’’ document. before the meeting for a recorded with respect to a device means: (1) The announcement of bank and bank FOR FURTHER INFORMATION CONTACT: applicable official name of the device holding company applications Heather M. Rubino, Office of designated under section 508 of the act scheduled for the meeting; or you may Information Resources Management (21 U.S.C. 358), (2) if there is no such (HFA–250), Food and Drug contact the Board’s Web site at http:// name and the device is recognized in an Administration, 5600 Fishers Lane, rm. www.federalreserve.gov for an official compendium, then the official 15–74, Rockville, MD 20857, 301–827– title in such compendium, or (3) if electronic announcement that not only 3322. lists applications, but also indicates neither (1) nor (2) apply, then ‘‘any SUPPLEMENTARY INFORMATION: Under the common or usual name of such device.’’ procedural and other information about PRA (44 U.S.C. 3501–3520), Federal Here, no official names have been the meeting. agencies must obtain approval from the designated under section 508 of the act, Dated: April 21, 1999. Office of Management and Budget and these products are not recognized in Robert deV. Frierson, (OMB) for each collection of an official compendium. Consequently, Associate Secretary of the Board. information they conduct or sponsor. FDA developed established names for [FR Doc. 99–10339 Filed 4–21–99; 10:03 am] ‘‘Collection of information’’ is defined these products under section 502(e)(4) in 44 U.S.C. 3502(3) and 5 CFR of the act. Section 897.24 requires that BILLING CODE 6210±01±P 1320.3(c) and includes agency requests each cigarette or smokeless tobacco or requirements that members of the product package, carton, box, or public submit reports, keep records, or container of any kind that is offered for provide information to a third party. sale, sold, or otherwise distributed bear

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20005 whichever of the following established concept of permitted advertising is The text-only requirement of § 897.32 names is appropriate: ‘‘Cigarettes,’’ sufficiently broad to encompass almost does not apply to advertisements in ‘‘Cigarette Tobacco,’’ ‘‘Loose Leaf all known forms of advertising, but the ‘‘adult’’ publications, as defined in Chewing Tobacco,’’ ‘‘Plug Chewing agency has provided a reporting § 897.32(a)(2). Under that definition, Tobacco,’’ ‘‘Twist Chewing Tobacco,’’ estimate of 1 hour in the remote chance firms wishing to advertise in ‘‘adult’’ ‘‘Moist Snuff,’’ or ‘‘Dry Snuff.’’ that a firm will provide such notice to publications may need to retain records Section 520(e) of the act authorizes FDA. to demonstrate that the publication is an the agency to, by regulation, require that Section 897.32 would reduce the ‘‘adult’’ publication within the meaning a device be restricted to sale, appeal of cigarettes and smokeless of § 897.32. In the August 1996 final distribution, or use ‘‘upon such other tobacco to children and adolescents by rule, FDA estimated that 31 respondents conditions as the [agency] may prescribe requiring most advertisements to use may be affected and that a total of in such regulation, if, because of its black text on white backgrounds, 100,000 hours would be needed for such potentiality for harmful effect or the without any colors or pictures. It would surveys (see 61 FR 44396 at 44612). The collateral measures necessary to its use, also require advertising to include the 31 respondents reflects the number of the [agency] determines that there product’s established name and a manufacturers as reported in a 1992 cannot otherwise be reasonable statement of its intended use. In the U.S. census of tobacco product assurance of its safety and August 1996 final rule, FDA estimated manufacturers, and the estimated total effectiveness.’’ In the Federal Register that approximately 25,000 pieces of time for these surveys would be 100,000 of August 28, 1996 (21 CFR 44396), the labeling or advertising will be submitted hours, assuming 100 surveys (for the agency issued regulations restricting the to the agency under this provision. The approximately 100 magazines in which sale and distribution of cigarettes and agency arrived at this estimate by tobacco manufacturers advertise) at smokeless tobacco under this authority comparing the advertising expenditures 1,000 hours per survey or approximately (hereinafter referred to as the August by the cigarette and smokeless tobacco 3,226 hours per respondent. 1996 final rule). industries and by the pharmaceutical The medical device reporting Sections 897.30 and 897.32 are industry and the number of pieces of requirements (21 CFR 803.19 and intended to help protect children and advertising that the agency receives 804.25) were addressed in a separate adolescents by reducing the appeal of from the pharmaceutical industry, and rulemaking that published in the cigarettes and smokeless tobacco to projecting that printed advertisements Federal Register of May 12, 1998 (63 FR them. Section 897.30, in part, contains may increase due to the rule’s effect on 26069 and 26129). a comprehensive list of permissible promotional activities (see 61 FR 44396 forms of advertising and labeling; in the at 44597). FDA also estimated that the Description of Respondents: Cigarette unlikely event that a person wishes to time required for such advertising is 1 and smokeless tobacco manufacturers, use a form of advertising or labeling that hour based on the highest estimated distributors, and retailers. is not described in § 897.30, the rule time reported in industry comments on FDA estimates the burden of this directs persons to notify FDA. The rule’s the proposed rule. collection of information as follows:

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Total Capital Costs Respondents Response Responses Response

897.24 2,000 1 2,000 40 80,000 $17 million 897.30 1 1 1 1 1 0 897.32 25,000 1 25,000 1 25,000 0 Total 105,001 $17 million

TABLE 2.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN

No. of Annual Total Operating 21 CFR Section Record- Frequency per Total Annual Hours per Total Hours Total Capital & Maintenance keepers Recordkeeping Records Recordkeeper Costs Costs

97.32 31 1 31 3,226 100,000 $2 million $1 million Total 100,000 $2 million $1 million

It should be noted that some FDA also notes that, due to ongoing continue to be able to collect the information requested from respondents litigation concerning FDA’s authority to information once these provisions is already provided or possessed by the issue regulations pertaining to cigarettes become effective. respondents. For example, § 897.24 and smokeless tobacco, §§ 897.24, Dated: April 15, 1999. makes ‘‘cigarettes’’ the established name 897.30, and 897.32 have not become William K. Hubbard, for cigarettes, and cigarette packages effective. Nevertheless, FDA intends to already use that name. Therefore, there submit the proposed collection of Acting Deputy Commissioner for Policy. should not be any significant burden on information to OMB for its review and [FR Doc. 99–10227 Filed 4–22–99; 8:45 am] respondents to comply with § 897.24. clearance under the PRA so that it will BILLING CODE 4160±01±F

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DEPARTMENT OF HEALTH AND effort has resulted in a number of DEPARTMENT OF HEALTH AND HUMAN SERVICES suggestions aimed at improving the HUMAN SERVICES registration and listing process for both Food and Drug Administration FDA and industry. This meeting will Food and Drug Administration Registration and Listing Grassroots help FDA obtain the medical device [Docket No. 98D±0693] Meeting for Medical Device industry perspective on the changes Manufacturers under consideration and suggestions for ``Guidance for Industry: On the additional changes. FDA has announced Content and Format of Chemistry, AGENCY: Food and Drug Administration, two meetings on the same subject to be Manufacturing and Controls HHS. held April 20, 1999, in California (64 FR Information and Establishment ACTION: Notice of meeting. 12813, March 15, 1999). Description Information for an Allergenic Extract or Allergen Patch Some of the changes that FDA is SUMMARY: The Food and Drug Test''; Availability Administration (FDA) is announcing the currently considering include the following meeting: Registration and following: AGENCY: Food and Drug Administration, Listing Grassroots Meeting for Medical (1) Require industry submission of HHS. Device Manufacturers. The topic to be registration and listing information ACTION: Notice. discussed is FDA’s intention to propose through the World Wide Web (WEB). SUMMARY: changes to the current medical device What are the advantages and The Food and Drug registration and listing process. This Administration (FDA) is announcing the disadvantages to industry, and how meeting is being conducted to provide availability of a document entitled would industry be affected if WEB a forum in which FDA can obtain ‘‘Guidance for Industry: On the Content industry views on changes to the device submissions were mandated? and Format of Chemistry, registration and listing system that FDA (2) Require that owners and parent Manufacturing and Controls Information is currently considering. The changes companies register, list, and take and Establishment Description being considered are aimed at responsibility for the registration and Information for an Allergenic Extract or streamlining the collection of listing of their establishments. What is Allergen Patch Test.’’ The guidance registration and listing data, improving the highest level in a company that document is intended to provide the accuracy and quality of the data in should be responsible for registration guidance to applicants on the content the system, and decreasing the time it and listing, and how should this level and format of the chemistry, takes manufacturers to register their be defined/described? manufacturing and controls (CMC) and establishments and list their devices, establishment description sections of (3) Require that additional data while ultimately reducing FDA’s cost of the ‘‘Application to Market a New Drug, elements be submitted to FDA, e.g., maintaining the registration and listing Biologic, or an Antibiotic Drug for system. premarket submission numbers for Human Use’’ (revised Form FDA 356h) those devices that have gone through DATES: The meeting will be held on May for an allergenic extract or allergen the premarket notification (510(k)), 25, 1999, 8:30 a.m. to 12 noon; patch test. This action is part of FDA’s registration will begin at 7:30 a.m. premarket approval, or product continuing effort to achieve the development protocol process. ADDRESSES: The meeting will be held at objectives of the President’s 9200 Corporate Blvd., rm. 20B, (4) Because of the ease of submission ‘‘Reinventing Government’’ initiatives Rockville, MD 20850. through the WEB, require that firms and the FDA Modernization Act of FOR FURTHER INFORMATION CONTACT: register and list within 5 days (current 1997, and is intended to reduce Bryan H. Benesch, Food and Drug requirement is 30 days) of entering into unnecessary burdens for industry Administration, Center for Devices and an operation that requires registration without diminishing public health Radiological Health, Office of Health and listing. protection. and Industry Programs (HFZ–220), 1350 A summary report of the meeting will DATES: Written comments may be Piccard Dr., Rockville, MD 20850, 301– be available on CDRH’s website submitted at any time. 443–6597 ext. 131, (FAX) 301–443– approximately 15 working days after the ADDRESSES: Submit written requests for 8810, (e-mail) ‘‘[email protected]’’. meeting. The CDRH home page may be single copies of the guidance document Those persons interested in attending accessed at ‘‘http://www.fda.gov/cdrh’’. entitled ‘‘Guidance for Industry: On the the meeting should fax or e-mail their Content and Format of Chemistry, registration including name, title, firm Dated: April 19, 1999. Manufacturing and Controls Information name, address, telephone, and fax William K. Hubbard, and Establishment Description number. There is no charge to attend Acting Deputy Commissioner for Policy. Information for an Allergenic Extract or this meeting, but advance registration is [FR Doc. 99–10140 Filed 4–22–99; 8:45 am] Allergen Patch Test’’ to the Office of requested due to limited seating. If you BILLING CODE 4160±01±F Communication, Training, and need special accommodations due to a Manufacturers Assistance (HFM–40), disability, please contact Bryan H. Center for Biologics Evaluation and Benesch at least 7 days in advance. Research (CBER), Food and Drug SUPPLEMENTARY INFORMATION: Over the Administration, 1401 Rockville Pike, past one and a half years, FDA has Rockville, MD 20852–1448. Send one reviewed the entire registration and self-addressed adhesive label to assist listing process to determine if the the office in processing your requests. process can be made more efficient and The guidance document may also be accurate. This was one of many obtained by mail by calling the CBER reengineering efforts conducted by the Voice Information System at 1–800– Center for Devices and Radiological 835–4709 or 301–827–1800, or by fax by Health (CDRH). This reengineering calling the FAX Information System at

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1–888–CBER–FAX or 301–827–3844. alternative approach may be used if performance of the agency’s functions; See the SUPPLEMENTARY INFORMATION such approach satisfies the requirement (2) the accuracy of the estimated section for electronic access to the of the applicable statute, regulations, or burden; (3) ways to enhance the quality, guidance document. both. As with other guidance utility, and clarity of the information to Submit written comments on the documents, FDA does not intend this be collected; and (4) the use of guidance document to the Dockets document to be all-inclusive and automated collection techniques or Management Branch (HFA–305), Food cautions that not all information may be other forms of information technology to and Drug Administration, 5630 Fishers applicable to all situations. The minimize the information collection Lane, rm. 1061, Rockville, MD 20852. guidance document is intended to burden. FOR FURTHER INFORMATION CONTACT: provide information and does not set Type of Information Collection Stephen M. Ripley, Center for Biologics forth requirements. Request: New Collection; Title of Information Collection: Evaluation and Research (HFM–17), II. Comments Food and Drug Administration, 1401 National Hospital Malpractice Insurance Interested persons, may at any time, Rockville Pike, Rockville, MD 20852– Survey; submit written comments to the Dockets # 1448, 301–827–6210. Form No.: HCFA–R–278 (OMB Management Branch (address above) 0938–NEW); SUPPLEMENTARY INFORMATION: regarding this guidance document. Two Use: The Data collected from this I. Background copies of any comments are to be survey will be used to collect two years submitted, except individuals may of malpractice insurance costs data from FDA is announcing the availability of submit one copy. Comments should be a nationally representative sample of a guidance document entitled identified with the docket number 800 hospitals. Along with the survey of ‘‘Guidance for Industry: On the Content found in the brackets in the heading of hospitals, we will collect rate schedules and Format of Chemistry, this document. A copy of the guidance from the commercial insurers and the Manufacturing and Controls Information document and received comments are offices of state insurance and Establishment Description available for public examination in the commissioners. As compared to the Information for an Allergenic Extract or Dockets Management Branch between 9 survey of hospitals which is a statistical Allergen Patch Test.’’ The guidance a.m. and 4 p.m., Monday through sampling survey, the survey of the document is intended to provide Friday. offices of state insurance commissioners guidance to applicants in completing and commercial insurance companies the CMC section and the establishment III. Electronic Access will not be a statistical sampling survey. description information of revised Form Persons with access to the Internet We will match collected data in the rate FDA 356h. The guidance document may obtain the document using the schedules to the data from sampled announced in this notice finalizes the World Wide Web (WWW). For WWW hospitals in order to convert malpractice draft guidance document entitled access, connect to CBER at ‘‘http:// insurance costs of different level of ‘‘Guidance for Industry: On the Content www.fda.gov/cber/guidelines.htm’’. coverage into costs of a constant level of and Format of Chemistry, Dated: April 16, 1999. coverage. The primary statistics will be Manufacturing and Controls Information William K. Hubbard, used to rebase the input price index and Establishment Description through weight adjustment and the Information for an Allergenic Extract or Acting Deputy Commissioner for Policy. annual percent change to update the Allergen Patch Test’’ published in the [FR Doc. 99–10228 Filed 4–22–99; 8:45 am] operating prospective payment rates. Federal Register of August 27, 1998 (63 BILLING CODE 4160±01±F Therefore, the NHMIS must allow FR 45826). estimates of the primary statistics for In the Federal Register of July 8, 1997 DEPARTMENT OF HEALTH AND each hospital be adjusted by their rating (62 FR 36558), FDA announced the HUMAN SERVICES basis, coverage elements, and types of availability of a revised Form FDA 356h coverage. The survey results will be that will be used as a single harmonized Health Care Financing Administration used to estimate the weight of application form for all drug and malpractice insurance costs in relation licensed biological products. [Document Identifier: HCFA±R±278] to goods and services hospitals purchase Manufacturers may voluntarily begin Agency Information Collection in order to furnish inpatient care and to using this form for an allergenic extract Activities: Proposed Collection; calculate the malpractice insurance cost or allergen patch test. FDA will Comment Request to change over time at the national level. announce in the future when The analytic results will be used to manufacturers are required to use this AGENCY : Health Care Financing adjust Medicare operating form for all products. Use of the new Administration, HHS. reimbursement rates to Medicare harmonized Form FDA 356h will allow In compliance with the requirement participating hospitals and to prepare a biologic product manufacturer to of section 3506(c)(2)(A) of the statistical summaries.; submit one biologics license application Paperwork Reduction Act of 1995, the Frequency: Annually; instead of two separate applications Health Care Financing Administration Affected Public: Not-for-profit (product license application and (HCFA), Department of Health and institutions, business or other for-profit, establishment license application). Human Services, is publishing the and State, Local, or Tribal Govt.; This guidance document represents following summary of proposed Number of Respondents: 600; the agency’s current thinking with collections for public comment. Total Annual Responses: 600; regard to the content and format of the Interested persons are invited to send Total Annual Hours: 300. CMC and establishment description comments regarding this burden To obtain copies of the supporting sections of a license application for an estimate or any other aspect of this statement and any related forms for the allergenic extract or allergen patch test. collection of information, including any proposed paperwork collections It does not create or confer any rights for of the following subjects: (1) The referenced above, access HCFA’s Web or on any person and does not operate necessity and utility of the proposed Site address at http://www.hcfa.gov/ to bind FDA or the public. An information collection for the proper regs/prdact95.htm, or E-mail your

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To request a copy of these Written comments and Participation Report and Supporting documents, call the SAMHSA Reports recommendations for the proposed Regulations in 42 CFR 441.60; Form Clearance Officer on (301) 443–7978. information collections must be mailed No.: HCFA–416 (OMB# 0938–0354); within 60 days of this notice directly to Use: States are required to submit an Proposed Project: Feasibility Study To the HCFA Paperwork Clearance Officer annual report on the provision of Evaluate the Positive Activities designated at the following address: EPSDT services to HCFA pursuant to Campaign (PAC) (OMB No. 0930–0188 HCFA, Office of Information Services, section 1902(a)(43) of the Social Revision) Security and Standards Group, Division Security Act. These reports provide of HCFA Enterprise Standards, HCFA with data necessary to assess the The Center for Substance Abuse Attention: Dawn Willinghan, Room N2– effectiveness of State EPSDT programs. Prevention is conducting a feasibility 14–26, 7500 Security Boulevard, It is also helpful in developing trend study of the Positive Activities Baltimore, Maryland 21244–1850. patterns, national projections, Campaign (PAC), an initiative aimed at responding to inquiries, and the general public to encourage adults to Dated: April 14, 1999. determining a State’s results in become more involved in positive, skill- John P. Burke III, achieving its participation goal.; building activities with youth. The HCFA Reports Clearance Officer, HCFA Office Frequency: Annually; Affected Public: ultimate goal of the initiative is to of Information Services, Security and State, Local or Tribal Government; reduce substance abuse among young Standards Group, Division of HCFA Number of Respondents: 56; Total Enterprise Standards. people. Annual Responses: 56; Total Annual [FR Doc. 99–10280 Filed 4–22–99; 8:45 am] Hours: 1,568. To determine the likely effectiveness BILLING CODE 4120±03±P To obtain copies of the supporting of the campaign, CSAP’s feasibility statement and any related forms for the study consists of a process evaluation proposed paperwork collections and an outcomes evaluation. The DEPARTMENT OF HEALTH AND referenced above, access HCFA’s Web evaluation is assessing change in HUMAN SERVICES Site address at http://www.hcfa.gov/ communities exposed to PAC, including Health Care Financing Administration regs/prdact95.htm, or E-mail your change in adults’ involvement with request, including your address, phone youth. Two treatment and two [Document Identifier: HCFA±0416] number, OMB number, and HCFA comparison communities have been document identifier, to selected for study. Data for the process Agency Information Collection [email protected], or call the Reports evaluation are primarily from on-site Activities: Submission for OMB Clearance Office on (410) 786–1326. interviews with key personnel in local Review; Comment Request Written comments and youth-serving organizations (e.g, Boy recommendations for the proposed AGENCY: Health Care Financing Scouts, Boys and Girls Clubs); data for Administration, HHS. information collections must be mailed the outcomes evaluation are from In compliance with the requirement within 30 days of this notice directly to baseline and 6-month followup the OMB desk officer: OMB Human of section 3506(c)(2)(A) of the telephone surveys of adults. Resources and Housing Branch, Paperwork Reduction Act of 1995, the Attention: Allison Eydt, New Executive This revision to the currently Health Care Financing Administration Office Building, Room 10235, approved information collection (HCFA), Department of Health and Washington, DC 20503. activities involves: (1) a third, 12-month Human Services, is publishing the followup telephone interview with the following summary of proposed Dated: April 15, 1999. collections for public comment. John P. Burke III, random sample of adults; and (2) because PAC is being expanded to serve Interested persons are invited to send HCFA Reports Clearance Officer, HCFA Office comments regarding this burden of Information Services, Security and civic membership organizations (e.g., estimate or any other aspect of this Standards Group, Division of HCFA Rotary Clubs, Lions Clubs, Kiwanis) collection of information, including any Enterprise Standards. application of the process evaluation of the following subjects: (1) The [FR Doc. 99–10155 Filed 4–22–99; 8:45 am] activities with these groups, plus three necessity and utility of the proposed BILLING CODE 4120±03±P telephone interviews with random information collection for the proper samples of members of the civic performance of the agency’s functions; organizations. (2) the accuracy of the estimated DEPARTMENT OF HEALTH AND HUMAN SERVICES The table that follows shows the total burden; (3) ways to enhance the quality, response burden associated with this utility, and clarity of the information to Substance Abuse and Mental Health project. All of the currently approved be collected; and (4) the use of Services Administration; Agency burden will have been experienced by automated collection techniques or Information Collection Activities: the time of OMB approval of the other forms of information technology to Submission for OMB Review; revision. minimize the information collection Comment Request burden. Type of Information Collection Periodically, the Substance Abuse and Request: Reinstatement, with change, of Mental Health Services Administration

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Number of re- Responses/ Burden/re- Total burden spondents respondent sponse hrs.

Currently approved: (1,350) Additional 12-month telephone interview ...... 1,600 1 ...... 0.10 160 Additional 12-month interview with local staff for process evaluation ...... 150 1 ...... 1.0 150 Interviews with local-level staff for process evaluation ...... 20 3 ...... 1.0 60 Telephone interviews with members of civic organizations ...... 1,800 baseline 1 ... .14 252 1,650 follow-up 2 ... .10 330 Total revised: 952* *Annualized over an 18-month approval period, the annual burden is 715 hours.

Written comments and are considered to have sufficient merit entering their respective profession. The recommendations concerning the by an Initial Review Group and the fields of nursing, psychiatry, and social proposed information collection should National Advisory Council. work have been nationally recognized be sent within 30 days of this notice to: for decades as part of the four core Authority/Justification Daniel Chenok, Human Resources and behavioral health disciplines included Housing Branch, Office of Management The awards will made under the in the MFP (along with psychology). and Budget, New Executive Office authority of Section 303 of the Public Nursing, psychiatry, and social work Building, Room 10235, Washington, DC Health Service Act (PHS). The authority provide part of an essential core of 20503. to administer this program has been services for individuals with serious Dated: April 18, 1999. delegated to the Director, CMHS. The mental illness and also less severe Richard Kopanda, Catalog of Federal Domestic Assistance mental disorders. The ANA and APA (CFDA) number for this program is Executive Officer, SAMHSA. are the largest national professional 93.244. organizations in the country for nursing [FR Doc. 99–10188 Filed 4–22–99; 8:45 am] and psychiatry, respectively. The ANA Background BILLING CODE 4162±20±P and APA and their affiliates have Section 303 of the Public Health activities in all major areas of national Service Act assigns to the Secretary, DEPARTMENT OF HEALTH AND policies affecting nursing and acting through the SAMHSA, certain HUMAN SERVICES psychiatry as professions, including responsibility for the clinical training of education and training. In the field of Substance Abuse and Mental Health mental health professionals. SAMHSA social work, the CSWE is the leading Services Administration is concerned with the treatment of national organization which is focused underserved priority populations; i.e., just on the education and training of Minority Fellowship Program adults with serious mental illness; social workers. All three organizations, children with serious emotional the ANA, APA, and CSWE, along with AGENCY: Center for Mental Health disturbance; elderly, ethnic minority their affiliates, have direct involvement Services (CMHS), Center for Substance and/or rural populations with mental in curriculum development, school Abuse Prevention (CSAP), and the and substance abuse disorders. Center for Substance Abuse Treatment accreditation, and pre-/post-doctoral SAMHSA also considers the lack of (CSAT), Substance Abuse and Mental training. The ANA, APA, and CSWE suitably trained professionals to be a Health Services Administration have had decades of experience in major cause of the lack of access for (SAMHSA), DHHS. working directly with university ethnic minority communities to training programs. Because of the above ACTION: Notice of planned award for appropriate mental health and unique characteristics and long renewal of clinical training grants under substance abuse services. Accordingly, experience, the ANA, APA, and CSWE the Minority Fellowship Program (MFP) SAMHSA has the responsibility for were chosen more than 20 years ago as to the American Nurses Association providing support to facilitate the entry the exclusive representatives for the (ANA), the American Psychiatric of ethnic minority students into mental field of nursing, psychiatry, and social Association (APA) and the Council on health careers and increase the number work. During that time, the ANA, APA, Social Work Education (CSWE). of professionals trained at the doctoral- and CSWE have administered their MFP SUMMARY: SAMHSA plans to award level to teach, administer, and provide programs exceptionally well. In renewal MFP grants to the ANA, APA, direct mental health and substance addition, the ANA, APA, and CSWE and CSWE to help facilitate the entry of abuse services to ethnic minority have recruited excellent students, ethnic minority students into mental communities. assured that all program requirements health and/or substance abuse careers Over the past several decades, the were satisfied, and effectively and increase the number of nurses, Federal mental health clinical training monitored the progress of fellows psychiatrists, and social workers trained program at SAMHSA (and previously at during and after the fellowship period. to teach, administer, and provide direct the National Institute of Mental Health These MFP grantees continue in their mental health and substance abuse [NIMH]) has addressed this gap unique position to represent these core services to ethnic minority groups. The primarily by attempting to increase the mental health and substance abuse project period is anticipated to be 3 numbers of professionals who wish to disciplines exceptionally well, and years. The first year will be funded for dedicate themselves to serving ethnic eligibility has been restricted to the up to $400,000 for each award. minority populations with mental and ANA, APA, and CSWE, accordingly. This is not a general request for addictive disorders. Therefore, because the APA’s, ANA’s applications. The renewal clinical Renewal applications may be and CSWE’s grant support will end in training grants will only be made to the submitted only by the ANA, APA, and FY 1999, SAMHSA is providing ANA, APA, and the CSWE based on the CSWE. These professional organizations additional support for up to 3 years via receipt of satisfactory applications that have unique access to those students renewal grant awards.

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FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Personnel Payroll System (FPPS) Questions concerning the MFP may be managed by the National Business directed to Mr. James Blair, Division of Office of the Secretary Center in Denver, Colorado. State and Community Systems (1) Office of Personnel Policy, U.S. Development, CMHS/SAMHSA, Room Privacy Act of 1974; As Amended; Department of the Interior, 1849 C Street 15C–26, 5600 Fishers Lane, Rockville, Revisions to an Existing System of NW, MS–5221 MIB, Washington, DC Maryland 20857, telephone (301) 443– Records 20240. 5850. AGENCY: Office of the Secretary, (2) FPPS Program Management Dated: April 18, 1999. Department of the Interior. Division, National Business Center, U.S. Department of the Interior, 7301 West Richard Kopanda, ACTION: Proposed revisions to an existing system of records. Mansfield Avenue, MS D–2400, Denver, Executive Officer, SAMHSA. CO 80235. [FR Doc. 99–10141 Filed 4–22–99; 8:45 am] SUMMARY: In accordance with the (3) Bureau personnel offices: BILLING CODE 4162±20±P Privacy Act of 1974, as amended (5 (a) Bureau of Indian Affairs, Division U.S.C. 552a), the Office of the Secretary of Personnel Management, 1951 is issuing public notice of its intent to Constitution Avenue NW, Washington, modify an existing Privacy Act system DC 20245. DEPARTMENT OF HOUSING AND of records notice, OS–79, ‘‘General (b) U.S. Geological Survey, National URBAN DEVELOPMENT Personnel Records.’’ The revisions will Center, 12201 Sunrise Valley Drive, update the name and number of the Reston, VA 22092. [Docket No. FR±4432±N±16] system and the address of the system (c) U.S. Fish and Wildlife Service, locations and system managers. Division of Personnel Management and Federal Property Suitable as Facilities EFFECTIVE DATE: Organization, 1849 C Street NW, To Assist the Homeless These actions will be effective on April 23, 1999. Washington, DC 20240. (d) Bureau of Reclamation, P.O. Box FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the Assistant 25001, Denver, CO 80225. Secretary for Community Planning and Director, Office of Personnel Policy, (e) Bureau of Land Management, Development, HUD. U.S. Department of the Interior, 1849 C Division of Personnel (530), 1849 C ACTION: Notice. Street NW, MS–5221 MIB, Washington, Street NW, Washington, DC 20240. DC 20240. (f) National Park Service, Division of SUMMARY: This Notice identifies SUPPLEMENTARY INFORMATION: The Personnel, Branch of Labor Management unutilized, underutilized, excess, and Department of the Interior is proposing Relations, 1849 C Street NW, surplus Federal property reviewed by to amend the system notice for OS–79, Washington, DC 20240. HUD for suitability for possible use to ‘‘General Personnel Records,’’ to update (g) Minerals Management Service, assist the homeless. the name and number of the system to Personnel Division, 1110 Herndon EFFECTIVE DATE: April 23, 1999. more accurately reflect its Department- Parkway, Herndon, VA 22070. wide scope, and to update the address (h) Office of Surface Mining, Division FOR FURTHER INFORMATION CONTACT: of the system locations and system of Personnel, 1951 Constitution Avenue Mark Johnston, Department of Housing managers to reflect changes that have NW, Washington, DC 20245. and Urban Development, Room 7256, occurred since the notice was last 451 Seventh Street SW, Washington, DC published. Accordingly, the Department CATEGORIES OF INDIVIDUALS COVERED BY THE 20410; telephone (202) 708–1226; TTY of the Interior proposes to amend the SYSTEM: number for the hearing- and speech- ‘‘General Personnel Records,’’ OS–79, Current and recently separated impaired (202) 708–2565, (these system notice in its entirety to read as employees of the Department of the telephone numbers are not toll-free), or follows: Interior. call the toll-free Title V information line Sue Ellen Sloca, at 1–800–927–7588. CATEGORIES OF RECORDS IN THE SYSTEM: Office of the Secretary Privacy Act Officer, Current and historical personnel data SUPPLEMENTARY INFORMATION: In National Business Center. for each employee of the Department. accordance with the December 12, 1988 INTERIOR/DOI±79 court order in National Coalition for the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Homeless v. Veterans Administration, SYSTEM NAME: 5 U.S.C. 2951, 5 U.S.C. 2954. No. 88–2503–OG (D.D.C.), HUD Interior Personnel Records—Interior, ROUTINE USES OF RECORDS MAINTAINED IN THE publishes a Notice, on a weekly basis, DOI—79. identifying unutilized, underutilized, SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: excess and surplus Federal buildings Note: This system complements OPM/ and real property that HUD has GOVT–1, the Government wide system for The official personnel records (in general personnel records maintained by the reviewed for suitability for use to assist paper or micro format) maintained by Office of Personnel Management. This notice the servicing personnel offices on all the homeless. incorporates by reference but does not repeat Today’s Notice is for the purpose of all of the information contained in OPM/ Departmental employees provide basic announcing that no additional GOVT–1. data for preparation and verification of properties have been determined personnel reports and documents. They SYSTEM LOCATION: suitable or unsuitable this week. also provide a comprehensive and Official personnel files, in paper and continuing record of each employee’s Dated: April 15, 1999. micro format, of current and recently service, status, skills, and personnel Fred Karnas, Jr., separated employees are located at the history, for use in the merit promotion Deputy Assistant Secretary for Economic personnel offices of the bureaus which program, reduction in force program, Development. currently employ (or employed) the and to effect other personnel actions. [FR Doc. 99–9858 Filed 4–22–99; 8:45 am] individuals. Automated personnel Automated records are used to generate BILLING CODE 4210±29±M records are maintained in the Federal reports and listings, produce standard

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20011 personnel management documents, Management and Organization, 1849 C ACTION: Proposed revisions to an establish and verify entitlements to pay Street NW, Washington, DC 20240. existing system of records. and benefits, and provide historical (d) Labor Relations Officer, Bureau of data. Reclamation, P.O. Box 25001, Denver, SUMMARY: In accordance with the Routine use disclosures outside the CO 80225. Privacy Act of 1974, as amended (5 (e) Personnel Officer, Bureau of Land Department are the same as those listed U.S.C. 552a), the Office of the Secretary Management, Division of Personnel in, and can be found in, the system is issuing public notice of its intent to notice for OPM/GOVT–1, the (530), 1849 C Street NW, Washington, modify an existing Privacy Act system Government wide system for general DC 20240. of records notice, USGS–04, ‘‘Employee personnel records maintained by the (f) Personnel Officer, National Park Office of Personnel Management. Service, Division of Personnel, Branch Assistance Program Records.’’ The of Labor Management Relations, 1849 C revisions will update the name and POLICIES AND PRACTICES FOR STORING, Street NW, Washington, DC 20240. number of the system, the system RETRIEVING, ACCESSING, RETAINING, AND (g) Personnel Officer, Minerals storage and safeguards statements, and DISPOSING OF RECORDS IN THE SYSTEM: Management Service, Personnel the address of the system managers. STORAGE: Division, 1110 Herndon Parkway, EFFECTIVE DATE: Records are stored in file folders, on Herndon, VA 22070. 5 U.S.C. 552a(e)(11) lists and forms, on microfilm or (h) Personnel Officer, Office of requires that the public be provided a microfiche, and in computer-processible Surface Mining, Division of Personnel, 30-day period in which to comment on storage media. 1951 Constitution Avenue NW, the intended use of the information in Washington, DC 20245. the system of records. The Office of RETRIEVABILITY: Management and Budget, in its Circular Records are retrieved by a variety of NOTIFICATION PROCEDURES: A–130, requires an additional 10-day personal identifiers, including name of An individual requesting notification period (for a total of 40 days) in which individual, birth date, Social Security of the existence of records on him or her to make these comments. Any persons number, and/or other identification should address his/her request to the number. appropriate System Manager. The interested in commenting on this request must be in writing, signed by revised system of records may do so by SAFEGUARDS: submitting comments in writing to the Access to all records in the system is the requestor, and comply with the content requirements of 43 CFR 2.60. Office of the Secretary Privacy Act limited to authorized personnel whose Officer, U.S. Department of the Interior, official duties require such access. RECORD ACCESS PROCEDURES: National Business Center, MS–1414 Bureau officials generally have access An individual requesting access to MIB, 1849 C Street NW, Washington, DC only to records pertaining to employees records maintained on him or her 20240. Comments received within 40 of their bureaus. Paper or micro format should address his/her request to the days of publication in the Federal records are maintained in locked metal appropriate System Manager. The file cabinets in secured rooms. Register will be considered. The system request must be in writing, signed by will be effective as proposed at the end Electronic records are maintained with the requestor, and comply with the of the comment period unless comments safeguards meeting the security requirements of 43 CFR 2.63. requirements of 43 CFR 2.51. are received which would require a CONTESTING RECORD PROCEDURES: contrary determination. RETENTION AND DISPOSAL: An individual requesting amendment FOR FURTHER INFORMATION CONTACT: Records are maintained in accordance of a record maintained on him or her Director, Office of Personnel Policy, with approved retention and disposal should address his/her request to the schedules. Some records may be appropriate System Manager. The U.S. Department of the Interior, 1849 C retained indefinitely as a basis for request must be in writing, signed by Street NW, MS–5221 MIB, Washington, longitudinal work history statistical the requestor, and comply with the DC 20240. studies. content requirements of 43 CFR 2.71. SUPPLEMENTARY INFORMATION: The SYSTEM MANAGER(S) AND ADDRESSES: RECORD SOURCE CATEGORIES: Department of the Interior is proposing (1) Director, Office of Personnel Departmental employees and agency to amend the system notice for USGS– Policy, U.S. Department of the Interior, officials. 04, ‘‘Employee Assistance Program 1849 C Street NW, MS–5221 MIB, Records,’’ to expand the scope of the Washington, DC 20240. EXEMPTIONS CLAIMED FOR THE SYSTEM: system notice from bureau-wide to (2) Chief, FPPS Program Management None. Department-wide coverage. In the Division, National Business Center, U.S. [FR Doc. 99–10212 Filed 4–22–99; 8:45 am] process, it will update the name and Department of the Interior, 7301 West BILLING CODE 4310±RJ±P number of the system to more accurately Mansfield Avenue, MS D–2400, Denver, reflect its new Department-wide scope, CO 80235. (3) Bureau personnel officers: update the storage and safeguards (a) Director of Administration, Bureau DEPARTMENT OF THE INTERIOR statements to account for those records that are maintained in automated of Indian Affairs, Division of Personnel Office of the Secretary Management, 1951 Constitution Avenue format, and add the addresses of the NW, Washington, DC 20245. Privacy Act of 1974; As Amended; system managers for the Departmental (b) Personnel Officer, U.S. Geological Revisions to an Existing System of office and the remainder of the bureaus. Survey, National Center, 12201 Sunrise Records Accordingly, the Department of the Valley Drive, Reston, VA 22092. Interior proposes to amend the (c) Personnel Officer, U.S. Fish and AGENCY: Office of the Secretary, ‘‘Employee Assistance Program Wildlife Service, Division of Personnel Department of the Interior.

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Records,’’ USGS–04, system notice in its may be used to disclose information to Management, 1951 Constitution Avenue entirety to read as follows: qualified personnel for the purpose of NW, Washington, DC 20245. Sue Ellen Sloca, conducting scientific research, (b) Chief, Branch of Employee/Labor Office of the Secretary, Privacy Act Officer, management audits, financial audits, or Management Relations, Office of National Business Center. program evaluation, but such personnel Personnel, U.S. Geological Survey, 601 may not identify, directly or indirectly, National Center, Reston, Virginia 20192. INTERIOR/DOI±04 any individual patient in any report or —Atlanta Personnel Officer, U.S. SYSTEM NAME: otherwise disclose patient identities in Geological Survey, 3850 Holcomb any manner. (When such records are Employee Assistance Program Bridge Rd, Norcross, Georgia 30092. provided to qualified researchers Records—Interior, DOI–04. —Rolla Personnel Officer, U.S. employed by the Department of the Geological Survey, 1400 SYSTEM LOCATION: Interior, all patient identifying Independence Road, Rolla, Missouri Records are located with the information will be removed). Note: 65401. Disclosure of information pertaining to contractors providing counseling —Chief, Employee Relations Section, an individual with a history of alcohol services under the Employee Assistance Central Region Personnel Branch, U.S. or drug abuse must be limited in Program (EAP). Geological Survey, Denver Federal compliance with the restrictions of the Center, Denver, Colorado 80225. CATEGORIES OF INDIVIDUALS COVERED BY THE confidentiality of Alcohol and Drug SYSTEM: Abuse Patient Records Regulations, 42 —Western Region EAP Administrator, Employees of the Department of the CFR part 2. Disclosure of records Employee Relations and Development Interior and their families who seek, are pertaining to the physical and mental Section, Western Region Personnel referred to, and/or receive assistance fitness of employees are, as a matter of Branch, 345 Middlefield Road, Menlo through the Employee Assistance Department policy, afforded the same Park, California 94025. Program. degree of confidentiality. (c) Personnel Officer, U.S. Fish and Wildlife Service, Division of Personnel CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, Management and Organization, 1849 C RETRIEVING, ACCESSING, RETAINING, AND Records in this system include Street NW, Washington, DC 20240. DISPOSING OF RECORDS IN THE SYSTEM: documentation of visits to employee (d) Labor Relations Officer, Bureau of counselors (Federal, State, local STORAGE: Reclamation, PO Box 25001, Denver, CO government, or private), the problem Records maintained in paper format 80225. assessment, the recommended plan of are stored in file folders. Records (e) Personnel Officer, Bureau of Land action to correct the major issue, referral maintained in electronic format are Management, Division of Personnel to community or private resource for stored on disk and on other appropriate (530), 1849 C Street NW, Washington, assistance with personal problems, media. DC 20240. referral to community or private RETRIEVABILITY: (f) Personnel Officer, National Park resource for rehabilitation or treatment, Service, Division of Personnel, Branch results of referral, and other notes or Records are retrieved by the name of the individual receiving assistance. of Labor Management Relations, 1849 C records of discussions held with the Street NW, Washington, DC 20240. employee made by the Employee SAFEGUARDS: (g) Personnel Officer, Minerals Assistance Program counselor. Access to records is strictly limited to Management Service, Personnel Additionally, records in this system those persons employed by the Division, 1110 Herndon Parkway, may include documentation of contractors who are directly involved in Herndon, VA 22070. treatment by a therapist or at a Federal, the alcohol and drug abuse prevention (h) Personnel Officer, Office of State, local government, or private function of the Department as that term Surface Mining, Division of Personnel, institution. is defined in 42 CFR, part 2. Paper 1951 Constitution Avenue NW, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: format records are maintained in locked Washington, DC 20245. metal file cabinets in secured rooms. 42 U.S.C. 290dd–1; 42 U.S.C. Electronic records are maintained with NOTIFICATION PROCEDURES: 290ee–1. safeguards meeting the security An individual requesting notification ROUTINE USES OF RECORDS MAINTAINED IN THE requirements of 43 CFR 2.51. of the existence of records on him or her SYSTEM, INCLUDING CATEGORIES OF USERS AND RETENTION AND DISPOSAL: should address his/her request to the THE PURPOSES OF SUCH USES: Records are retained and disposed of appropriate System Manager. The These records are used by an in accordance with approved agency request must be in writing, contain the Employee Assistance Program schedules. (These include the U.S. individual’s name and date of birth, and Counselor to document the nature of an Geological Survey’s Bureau Records be signed by the requestor, as required individual’s problem and progress made Disposition Schedule, RCS/Item 405–04 by 43 CFR 2.60. to solve the problem. The primary uses a and b.) of these records are: RECORD ACCESS PROCEDURES: (1) For the Employee Assistance SYSTEM MANAGER(S) AND ADDRESS: An individual requesting access to Program counselor to document the (1) Departmental office: Team Leader, records maintained on him or her nature of an individual’s problem and Employee and Labor Relations Group, should address his/her request to the progress made to solve the problem. Office of Personnel Policy, U.S. appropriate System Manager. The (2) To record an individual’s Department of the Interior, 1849 C Street request must be in writing, be signed by participation in and the results of NW, MS–5221 MIB, Washington, DC the requestor, and comply with the community or private referrals for 20240. Department’s Privacy Act Regulations solution of problems, rehabilitation, or (2) Bureau offices: regarding verification of identity and treatment programs. These records and (a) Director of Administration, Bureau access to records as required by 43 CFR the information in them information of Indian Affairs, Division of Personnel 2.63.

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CONTESTING RECORD PROCEDURES: Accordingly, the Department of the deems the disclosure to be: (1) Relevant An individual requesting amendment Interior proposes to amend the and necessary to the proceeding; and (2) of a record maintained on him or her ‘‘Secretarial Controlled Correspondence Compatible with the purpose for which should address his/her request to the File,’’ OS–20, system notice in its it compiled the information. appropriate System Manager. The entirety to read as follows: (3) To the appropriate Federal, State, request must be in writing, be signed by Sue Ellen Sloca, tribal, local or foreign governmental the requestor, and comply with the Office of the Secretary Privacy Act Officer, agency that is responsible for Department’s Privacy Act Regulations National Business Center. investigating, prosecuting, enforcing or regarding verification of identity and implementing a statute, rule, regulation amendment of records as required by 43 INTERIOR/OS±20 order or license, when the Department CFR 2.71. SYSTEM NAME: becomes aware of an indication of a violation or potential violation of the RECORD SOURCE CATEGORIES Secretarial Controlled : statute, rule, regulation, order or license. Information in this system of records Correspondence File—Interior, OS—20. (4) To a congressional office in comes from the individual to whom it SYSTEM LOCATION: response to an inquiry to that office by applies, the supervisor of the individual Office of Executive Secretariat, U.S. the individual to whom the record if the individual was referred by a pertains. supervisor, the Employer Assistance Department of the Interior, 1849 C Street Program staff member who records the NW, MS–7229 MIB, Washington, DC POLICIES AND PRACTICES FOR STORING, counseling session, and the therapists or 20240. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: institutions used as referrals or CATEGORIES OF INDIVIDUALS COVERED BY THE providing treatment. SYSTEM: STORAGE: Records are stored in an automated EXEMPTIONS CLAIMED FOR THE SYSTEM: Persons who have written to the database. None. Secretary of the Interior on official business. RETRIEVABILITY: [FR Doc. 99–10214 Filed 4–22–99; 8:45 am] CATEGORIES OF RECORDS IN THE SYSTEM Records are retrieved by a unique BILLING CODE 4310±RK±P : Information identifying the author(s) number assigned by the automated of correspondence received, date and system to each letter received, name of DEPARTMENT OF THE INTERIOR subject of the correspondence, correspondent(s), subject(s) of disposition of the correspondence. correspondence, date of Office of the Secretary correspondence, date correspondence AUTHORITY FOR MAINTENANCE OF THE SYSTEM: received in the Office of Executive Privacy Act of 1974; As Amended; 5 U.S.C. 301; 43 U.S.C. 1457; 44 Secretariat, and disposition of Revisions to an Existing System of U.S.C. 3101; Reorganization Plan 3 of correspondence. Records 1950. SAFEGUARDS: AGENCY: Office of the Secretary, ROUTINE USES OF RECORDS MAINTAINED IN THE Records are maintained in a secure Department of the Interior. SYSTEM, INCLUDING CATEGORIES OF USERS AND database with access limited by security ACTION: Proposed revisions to an THE PURPOSES OF SUCH USES: software. Database is installed on existing system of records. The primary use of the records is to hardware located in a secure room. ascertain the status of official SUMMARY: In accordance with the RETENTION AND DISPOSAL correspondence sent to the Secretary of : Privacy Act of 1974, as amended (5 the Interior. Records are retained and disposed of U.S.C. 552a), the Office of the Secretary Disclosures outside the Department of in accordance with General Records is issuing public notice of its intent to the Interior may be made: Schedule No.23, Item No.3, which you modify an existing Privacy Act system (1) To another Federal agency to can find at http://www.nara.gov. of records notice, OS–20, ‘‘Secretarial enable that agency to respond to an Controlled Correspondence File.’’ The SYSTEM MANAGER(S) AND ADDRESSES: inquiry by the individual to whom the revisions will update the record source Director, Office of Executive record pertains. categories statement and the address of Secretariat, U.S. Department of the (2) To the Department of Justice, or to the system location and system Interior, 1849 C Street NW, MS–7229 a court, adjudicative or other manager. MIB, Washington, DC 20240. administrative body, or to a party in EFFECTIVE DATE: These actions will be litigation before a court or adjudicative NOTIFICATION PROCEDURES: effective on April 23, 1999. or administrative body, when: (a) One of An individual requesting notification FOR FURTHER INFORMATION CONTACT: the following is a party to the of the existence of records on him or her Director, Office of Executive Secretariat, proceeding or has an interest in the should address his/her request to the U.S. Department of the Interior, 1849 C proceeding: (1) The Department or any System Manager. The request must be in Street NW, MS–7229 MIB, Washington, component of the Department; (2) Any writing, signed by the requestor, state DC 20240. Departmental employee acting in his or that the requester seeks information on SUPPLEMENTARY INFORMATION: The her official capacity; (3) Any his/her records, and comply with the Department of the Interior is proposing Departmental employee acting in his or content requirements of 43 CFR 2.60. to amend the system notice for OS–20, her individual capacity where the ‘‘Secretarial Controlled Correspondence Department or the Department of Justice RECORD ACCESS PROCEDURES: File,’’ to update the record source has agreed to represent the employee; or An individual requesting access to categories statement and the address of (4) The United States, when the records maintained on him or her the system location and system manager Department determines that the should address his/her request to the to reflect changes that have occurred Department is likely to be affected by System Manager. The request must be in since the notice was last published. the proceeding; and (b) The Department writing, signed by the requestor, and

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20014 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices comply with the requirements of 43 CFR reflect the Departmentwide scope of the (e) Bureau of Land Management, 2.63. system. The Executive and Manager Division of Personnel (530), 1849 C Development Program described in the Street NW, Washington, DC 20240. CONTESTING RECORD PROCEDURES: system notice when it was first (f) National Park Service, Division of An individual requesting amendment published has been replaced by the Personnel, Branch of Labor Management of a record maintained on him or her Senior Executive Service Candidate Relations, 1849 C Street NW, should address his/her request to the Development Program, a competitive Washington, DC 20240. System Manager. The request must be in twelve-month developmental program (g) Minerals Management Service, writing, signed by the requestor, and open to GS–14 and GS–15 applicants to Personnel Division, 1110 Herndon comply with the content requirements enhance candidates’ managerial and Parkway, Herndon, VA 22070. of 43 CFR 2.71. leadership skills in preparation for (h) Office of Surface Mining, Division of Personnel, 1951 Constitution Avenue RECORD SOURCE CATEGORIES: Office of Personnel Management certification of graduates’ managerial NW, Washington, DC 20245. The information contained in this competencies for noncompetitive Senior system of records is obtained both from CATEGORIES OF INDIVIDUALS COVERED BY THE Executive Service selection, and the the individuals to whom the records SYSTEM: Team Leadership Program, a related pertain and the agency officials who Departmental employees who apply developmental program open to respond to the correspondence received. for, participate in, and/or graduate from applicants at the GS–11 through GS–13 Departmentwide executive development EXEMPTIONS CLAIMED FOR THE SYSTEM levels. The Department is also : programs such as the Senior Executive proposing to update the categories of None. Service Candidate Development records in the system statement to Program and the Team Leadership [FR Doc. 99–10215 Filed 4–22–99; 8:45 am] indicate, more specifically, what types Program. BILLING CODE 4310±RP±P of records are being maintained on individuals covered by the system, and CATEGORIES OF RECORDS IN THE SYSTEM: to update the safeguards and retention DEPARTMENT OF THE INTERIOR Application and nomination and disposal statements and the address documents, reports of training Office of the Secretary of the system locations and system assignments, evaluation statements, and managers to reflect changes that have lists of graduates. Application and Privacy Act of 1974; As Amended; occurred since the notice was last nomination documents contain personal Revisions to an Existing System of published. Accordingly, the Department information that may include the Records of the Interior proposes to amend the following (or similar) data elements: ‘‘Executive and Manager Development name, date of birth, Social Security AGENCY: Office of the Secretary, Program (EMDP),’’ OS–82 system notice number, home address and telephone Department of the Interior. in its entirety to read as follows: number, physical limitations or interests ACTION: Proposed revisions to an Sue Ellen Sloca, which might affect type of location of existing system of records. Office of the Secretary, Privacy Act Officer, assignment, career interests, education National Business Center. history, work or skills experience, SUMMARY: In accordance with the outside activities (including Privacy Act of 1974, as amended (5 INTERIOR/DOI±82 membership in professional U.S.C. 552a), the Office of the Secretary organizations), listing of special (OS) is issuing public notice of its intent SYSTEM NAME: qualifications, licenses and certificates to modify an existing Privacy Act Executive Development Programs held, listing of honors and awards, system of records notice, OS–82, Files—Interior, DOI–82. career goals and objectives, and annual ‘‘Executive and Manager Development supervisory evaluations. Program (EMDP).’’ The revisions will SYSTEM LOCATION: update the system name and number, (1) Office of Personnel Policy, U.S. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the categories of records in the system, Department of the Interior, 1849 C Street 5 U.S.C. 3301; Pub. L. 91–616, Pub. L. safeguards, and retention and disposal NW, MS–5221 MIB, Washington, DC 92–255, Pub. L. 93–282, Pub. L. 79–258 statements, and address of the system 20240. (5 U.S.C. 7901); OMB Circular A–72. locations and system managers. (2) Department of the Interior ROUTINE USES OF RECORDS MAINTAINED IN THE EFFECTIVE DATE: These actions will be University, National Business Center, SYSTEM, INCLUDING CATEGORIES OF USERS AND U.S. Department of the Interior, 1849 C effective on April 23, 1999. THE PURPOSES OF SUCH USES: FOR FURTHER INFORMATION CONTACT: Street NW, MS–7129 MIB, Washington, DC 20240. The primary uses of the records are: Team Leader, Executive Resources and (a) By personnel staffing specialists, (3) Bureau personnel offices: Career Management Group, Office of evaluation panel members, and Personnel Policy, U.S. Department of (a) Bureau of Indian Affairs, Division selecting officials to determine the Interior, 1849 C Street NW, MS– of Personnel Management, 1951 selections for the programs. 5221 MIB, Washington, DC 20240. Constitution Avenue NW, Washington, (b) By employee development SUPPLEMENTARY INFORMATION: The DC 20245. specialists for purposes of review in Department of the Interior is proposing (b) U.S. Geological Survey, National connection with training and employee to amend the system notice for OS–82, Center, 12201 Sunrise Valley Drive, development activities, transfers, ‘‘Executive and Manager Development Reston, VA 22092. promotions, reassignments, adverse Program (EMDP),’’ to update the name (c) U.S. Fish and Wildlife Service, actions, disciplinary actions, and of the system to more adequately Division of Personnel Management and determination of qualifications, of an describe the current executive and Organization, 1849 C Street NW, individual. managerial training being provided to Washington, DC 20240. (c) By bureau and Departmental Departmental employees, and the (d) Bureau of Reclamation, P.O. Box officials for setting out developmental system number to more accurately 25001, Denver, CO 80225. goals and objectives of the employee

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20015 and for documenting attainment of these POLICIES AND PRACTICES FOR STORING, 1951 Constitution Avenue NW, goals. Disclosures outside the RETRIEVING, ACCESSING, RETAINING, AND Washington, DC 20245. Department of the Interior may be made: DISPOSING OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURES: STORAGE: (1) To the Office of Personnel An individual requesting notification Paper records are stored in file Management for the purpose of of the existence of records on him or her folders, in file cabinets. Electronic obtaining Qualifications Review Board should address his/her request to the records are stored on disk, tape or other certification of the executive appropriate System Manager. The appropriate media. qualifications of Senior Executive request must be in writing, signed by Service Candidate Development RETRIEVABILITY: the requestor, and comply with the Program participants. Records are retrieved by name of content requirements of 43 CFR 2.60. (2) Educational institutions providing individual. RECORD ACCESS PROCEDURES: training and development opportunities. SAFEGUARDS: An individual requesting access to (3) To the U.S. Department of Justice, Access to records is limited to records maintained on him or her or to a court, adjudicative or other authorized personnel. Paper records are should address his/her request to the administrative body, or to a party in maintained in locked file cabinets. appropriate System Manager. The litigation before a court or adjudicative Electronic records are maintained with request must be in writing, signed by or administrative body, when: (a) One of safeguards meeting minimum security the requestor, and comply with the the following is a party to the requirements of 43 CFR 2.51. requirements of 43 CFR 2.63. proceeding or has an interest in the CONTESTING RECORD PROCEDURES: proceeding: (1) The Department or any RETENTION AND DISPOSAL: component of the Department; (2) Any Records on applicants are retained for An individual requesting amendment Department employee acting in his or two years after close of selection of a record maintained on him or her her official capacity; (3) Any process. Records on current participants should address his/her request to the appropriate System Manager. The departmental employee acting in his or and graduates are retained in request must be in writing, signed by her individual capacity where the accordance with established retention and disposal schedules. the requestor, and comply with the Department or the Department of Justice content requirements of 43 CFR 2.71. has agreed to represent the employee; or SYSTEM MANAGER(S) AND ADDRESS: (4) The United States, when the (1) Team Leader, Executive Resources RECORD SOURCE CATEGORIES: Department determines that the and Career Management Group, Office Departmental applicants and agency Department is likely to be affected by of Personnel Policy, U.S. Department of officials. the proceeding; and (b) The Department the Interior, 1849 C Street NW, MS– EXEMPTIONS CLAIMED FOR THE SYSTEM: deems the disclosure to be: (1) Relevant 5221 MIB, Washington, DC 20240. None. and necessary to the proceeding; and (2) (2) Vice President, Department of the Compatible with the purpose for which Interior University, National Business [FR Doc. 99–10216 Filed 4–22–99; 8:45 am] the Department compiled the Center, U.S. Department of the Interior, BILLING CODE 4310±RJ±P information. 1849 C Street NW, MS–7129 MIB, (4) To appropriate Federal, State, Washington, DC 20240. DEPARTMENT OF THE INTERIOR tribal, local or foreign agency that is (3) Bureau personnel officers: (a) Director of Administration, Bureau responsible for investigating, Fish and Wildlife Service prosecuting, enforcing or implementing of Indian Affairs, Division of Personnel Management, 1951 Constitution Avenue a statute, rule, regulation order or Natural Gas Pipeline Right-of-Way NW, Washington, DC 20245. license, when we become aware of an Permit Application To Cross Lower Rio (b) Personnel Officer, U.S. Geological indication of a violation or potential Grande Valley National Wildlife Refuge Survey, National Center, 12201 Sunrise violation of the statute, rule regulation, Valley Drive, Reston, VA 22092. AGENCY: U.S. Fish and Wildlife Service, order or license. (c) Personnel Officer, U.S. Fish and Department of the Interior, DOI. (5) To a congressional office in Wildlife Service, Division of Personnel ACTION: Notice. response to an inquiry to that office by Management and Organization, 1849 C the individual to whom the record Street NW, Washington, DC 20240. SUMMARY: The U.S. Fish and Wildlife pertains. (d) Labor Relations Officer, Bureau of Service (Service) advises the public that (6) To a Federal, State, or local agency Reclamation, PO Box 25001, Denver, CO Tennessee Gas Pipeline Company has applied for a right-of-way easement for which has requested information 80225. (e) Personnel Officer, Bureau of Land the installation of a 24′′ O.D. welded relevant or necessary to the hiring or Management, Division of Personnel steel pipeline across the Lower Rio retention of an employee, or the issuing (530), 1849 C Street NW, Washington, Grande Valley National Wildlife Refuge, of a security clearance, license, grant or DC 20240. Hidalgo Bend Tract #354. The 0.79 mile other benefit, to the extent that the (f) Personnel Officer, National Park right-of-way will consist of a 100 foot information is relevant and necessary to Service, Division of Personnel, Branch construction right-of-way, with the requesting agency’s decision on the of Labor Management Relations, 1849 C additional work space of varying matter. Street NW, Washington, DC 20240. widths, which will revert to a 50 foot (7) To a Federal, State, or local agency (g) Personnel Officer, Minerals right-of-way 30 year easement. The where necessary to obtain information Management Service, Personnel project will temporarily impact 7.92 relevant to the hiring or retention of an Division, 1110 Herndon Parkway, acres and the 30 year permanent employee, or the issuing of a security Herndon, VA 22070. easement area will comprise 4.92 acres. clearance, license, grant or other benefit. (h) Personnel Officer, Office of Notice of the complete project, which Surface Mining, Division of Personnel, allows for bi-directional transportation

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20016 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices of natural gas between the United States personal identifiers, three systems the Farm Pond Stocking Program. We and Mexico, was previously published because we no longer collect the disposed of the records in accordance in the Federal Register on November 6, information, and five systems because with the U.S. Fish and Wildlife Service 1998, (63 FR 59,962) and an they are now part of another agency’s Records Disposition Schedule. environmental assessment was records. 7. FWS–13, ‘‘North American subjected to public review. As a result, DATES: These actions will be effective on Breeding Bird Survey,’’ previously the applicant received authorization for April 23, 1999. the 9.3 mile pipeline project from the published in the Federal Register on FOR FURTHER INFORMATION CONTACT: Mr. April 11, 1977 (42 FR 19086). We no Federal Energy Regulatory Commission Johnny R. Hunt, Service Privacy Act in Docket No. CP99–29 pursuant to longer maintain the information. The Officer, U.S. Fish and Wildlife Service, Department of Interior, U.S. Geological sections 157.205, 157.208 and 157.212 Phone: 703/358–1730. of the Commission’s Regulations. In Survey is now responsible for the SUPPLEMENTARY INFORMATION: addition, a Natural Gas Act (NGA) We list the system and data contained therein. Section 3 Presidential Permit has been twelve systems of records proposed for deletion and the reasons for deletion 8. FWS–14, ‘‘Great Lakes Commercial issued by the Secretary of State and the Fisheries Catch Records,’’ previously Secretary of Defense. below. 1. FWS–1, ‘‘Labor Cost Information published in the Federal Register on This notice informs the public that Records,’’ previously published in the April 11, 1977 (42 FR 19086). We no this right-of-way application and Federal Register on April 11, 1977 (42 longer maintain the information. The associated documents is available for FR 19081). The system of records is now Department of Interior, U.S. Geological review. part of a Department of the Interior, Survey is now responsible for the DATES: Written comments should be Office of the Secretary system-OS–85 system and the data contained therein. received on or before May 24, 1999 to entitled ‘‘Payroll, Attendance, 9. FWS–17, ‘‘Diagnostic Extension receive consideration by the service. Retirement, and Leave Records— Service Records,’’ previously published ADDRESSES: Comments should be Interior, Office of the Secretary-85.’’ in the Federal Register on April 11, addressed to: Regional Director, U.S. 2. FWS–2, ‘‘Travel Records’’, 1977 (42 FR 19088). We no longer previously published in the Federal Fish and Wildlife Service, P.O. Box maintain the information. The 1306 (RE), Albuquerque, New Mexico Register on December 6, 1983 (48 FR Department of the Interior, U.S. 87103–1306, Attention: Wanda McKean, 54715). The system of records is now Geological Survey is now responsible Realty Specialist. part of an Department of the Interior, Office of the Secretary system—OS–88 for the system and the data contained FOR FURTHER INFORMATION CONTACT: therein. Wanda McKean, Realty Specialist at the entitled ‘‘Travel-Interior, Office of the above Albuquerque, New Mexico Secretary-88.’’ 10. FWS–23, ‘‘Motor Vehicle Permit address (505) 248–7415 or FAX (505) 3. FWS–3, ‘‘Security File,’’ previously Log,’’ previously published in the 248–6803. published in the Federal Register on Federal Register on March 24, 1981 (46 March 24, 1981, (46 FR 18368). The FR 18376). We no longer collect this Dated: April 16, 1999. system of records is now part of a information. We disposed of the records Stephen C. Helfert, Department of the Interior, Office of the in accordance with the U.S. Fish and Acting Regional Director, Region 2, Secretary system—OS-45 entitled Wildlife Service Records Disposition Albuquerque, New Mexico. ‘‘Security Clearance Files and Other Schedule. [FR Doc. 99–10189 Filed 4–22–99; 8:45 am] Reference Files—Interior, Office of the BILLING CODE 4310±55±M Secretary.’’ 11. FWS–28, ‘‘Avitrol Authorization 4. FWS–6, ‘‘Hunting and Fishing Records,’’ previously published in the Survey Records,’’ previously published Federal Register on March 24, 1981 (46 DEPARTMENT OF THE INTERIOR in the Federal Register on March 24, FR 18379). We no longer maintain the 1981 (46 FR 18370). We receive this information. The Department of Fish and Wildlife Service information from the Department of Agriculture is now responsible for the Privacy Act of 1974; As Amended; Commerce, Bureau of Census without system and the data contained therein. Deletion of Systems of Records personal identifiers. We disposed of any 12. FWS–29, ‘‘Animal Damage records that contained personal Control Non-Federal Personnel AGENCY: Fish and Wildlife Service, identifiers in accordance with the U.S. Records,’’ previously published in the Interior. Fish and Wildlife Service Records Federal Register on December 6, 1983, Disposition Schedule. ACTION: Proposed deletion of existing (48 FR 54722). We no longer maintain 5. FWS–8, ‘‘Fish Disease Inspection systems of records. the information. The Department of Reports,’’ previously published in the Agriculture is now responsible for the SUMMARY: We conducted a review of our Federal Register on March 24, 1981 (46 Privacy Act systems pursuant to the FR 18371). We no longer collect this program. The records are now part of a provisions of the Privacy Act of 1974, as information. Records containing system of records entitled ‘‘Animal amended (5 U.S.C. 552a), and the personal information were disposed of Damage Control Non-Federal Personnel President’s May 14, 1998, memorandum in accordance with the U.S. Fish and Records—USDA/APHIS–7.’’ We concerning Personal Information in Wildlife Service Records Disposition transferred the previous records when Federal Records. As a result of our Schedule. We transferred any remaining the Department of Agriculture assumed review, we found 12 Privacy Act records to those States which still responsibility for the program. systems that needed deletion. We are inspect private facilities. Roy M.Francis, deleting three systems because they are 6. FWS–9, ‘‘Farm Pond Stocking Departmental Privacy Act Officer. now part of Department of the Interior, Report,’’ previously published in the [FR Doc. 99–10211 Filed 4–22–99; 8:45 am] Office of the Secretary systems, another Federal Register on March 24, 1981 (46 BILLING CODE 4310±55±P system because it no longer contains FR 18372). We are no longer involved in

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DEPARTMENT OF THE INTERIOR CATEGORIES OF RECORDS COVERED BY THE Office of Hearings and Appeals SYSTEM: attorneys and hearing examiners under Office of Hearings and Appeals Information assembled in case files authority delegated by the Director, pertaining to hearings proceedings, and Office of Hearings and Appeals. Privacy Act of 1974; As Amended; to appeals to the Department relating to: (8) Proceedings and decisions by Revisions to the Existing System of (1) Contract disputes arising out of administrative law judges and the Records findings of fact or decisions by Director, Office of Hearings and contracting officers of any bureau or Appeals, concerning nondiscrimination AGENCY: Office of Hearings and Appeals, office of the Department, or any field in Federally assisted programs in Department of the Interior. installation thereof, which are connection with which Federal ACTION: Proposed revisions to an considered and decided finally for the financial assistance is extended under existing system of records. Department by the Interior Board of laws administered in whole or in part Contract Appeals. by the Department of the Interior SUMMARY: In accordance with the (2) Indian probate matters, including Effectuation of Title VI of the Civil Privacy Act of 1974, as amended (5 determination of heirs, and approval of Rights Act of 1964. U.S.C. 552a), the Office of Hearings and wills, except as to members of the Five (9) Proceedings and decisions by Appeals is issuing public notice of its Civilized Tribes, and resolution of administrative law judges and the intent to modify an existing Privacy Act appeals to the Department in such Director, Office of Hearings and system of records, OHA–01, ‘‘Hearings matters; proceedings in Indian probate Appeals, concerning nondiscrimination and Appeals Files.’’ The revisions will relating to Tribal acquisition of certain in activities conducted under permits, update the address of the system interests of decedents in trust and rights-of-way, public land orders, and locations in its regional offices and the restricted lands; and appeals pertaining other Federal authorizations granted or authority for maintenance of the system. to administrative actions of Bureau of issued under Title II of the Trans-Alaska Indian Affairs officials in cases EFFECTIVE DATE: Pipeline Authorization Act. These actions will be involving determinations, findings and effective April 23, 1999. (10) Proceedings and decisions by the orders protested as a violation of a right Director, Office of Hearings and FOR FURTHER INFORMATION CONTACT: or privilege of the appellant, which are Appeals, or his/her designee/s, in Director, Office of Hearings and considered and decided finally for the matters arising under various statutes or Appeals, 4015 Wilson Boulevard, Department by the Interior Board of Departmental regulations providing for Arlington, Virginia 22203. Indian Appeals. a hearing and/or a right to appeal within (3) Appeals from decisions rendered SUPPLEMENTARY INFORMATION: In this the Department as set forth in 43 CFR notice, the Department of the Interior is by Departmental officials relating to the part 4. amending OHA–01, ‘‘Hearings and use and disposition of mineral resources Appeals Files,’’ to update the address of in certain acquired lands of the United AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the system locations in the regional States and in the submerged lands of the 5 U.S.C. 301; 43 CFR Part 4; 41 U.S.C. offices and the authority for Outer Continental Shelf, which are 601; 43 U.S.C. 1201; 43 U.S.C. 1701; 25 maintenance of the system. considered and decided finally for the U.S.C. 2, 9, 372, 373, 373a, 373b, 374; Accordingly, the Office of Hearings and Department by the Interior Board of 43 U.S.C. 315a; 43 U.S.C. 1601–1628; 5 Appeals proposes to amend ‘‘Hearings Land Appeals, U.S.C. 551; 30 U.S.C. 1202 et seq.; 43 (4) Appeals from orders and decisions and Appeals Files,’’ OHA–01, in its U.S.C. 1331; 30 U.S.C. chap. 2, 3, 3A, 5, issued by Departmental officials and entirety to read as follows: 7, 15, 16, 23, 25 and 29. administrative law judges in Sue Ellen Sloca, proceedings relating to surface coal ROUTINE USES OF RECORDS MAINTAINED IN THE Office of the Secretary Privacy Act Officer, mining control and reclamation which SYSTEM, INCLUDING CATEGORIES OF USERS AND National Business Center. are considered and decided finally for THE PURPOSES OF SUCH USES: INTERIOR/OHA±01 the Department by the Interior Board of The primary purpose of the system is Land Appeals. the adjudication of appeals and SYSTEM NAME: (5) Wildlife civil penalty assessment determination of issues in hearings and hearings before administrative law appeals proceedings. Hearings and Appeals Files—Interior, Disclosure outside the Department of OHA–01. judges of the Office of Hearings and Appeals and appeals from their orders the Interior may be made: SYSTEM LOCATION: and decisions which are considered and (1) To the U.S. Department of Justice, finally decided for the Department by or to a court or adjudicative body with (1) National headquarters: Office of the Director, Office of Hearings and jurisdiction, when (a) the United States, Hearings and Appeals, 4015 Wilson Appeals, or ad hoc appeals boards the Department of the Interior, a Boulevard, Arlington, Virginia 22203. appointed by him. component of the Department, or, when (2) Field offices: Office of Hearings (6) Appeals from orders and decisions represented by the Government, an and Appeals, Hearings Division, Offices of Departmental bureaus pertaining to employee of the Department is a party of Administrative Law Judges. (Contact relocation assistance benefits claims, or to litigation or anticipated litigation or the System Manager to obtain a current requests for waiver of claims for has an interest in such litigation, and (b) address list for these field offices). erroneous overpayments, considered the Department of the Interior and finally decided for the Department determines that the disclosure is CATEGORIES OF INDIVIDUALS COVERED BY THE by the Director, Office of Hearings and relevant or compatible with the purpose SYSTEM: Appeals, or ad hoc appeals boards for which the records were compiled. Individuals involved in hearings and appointed by him/her. (2) To appropriate Federal, State, local appeals proceedings before the Hearings (7) Grievance proceedings involving or foreign agencies responsible for Division, Appeals Boards, and/or the employees of the Department, in which investigating or prosecuting the Director of the Office of Hearings and hearings are conducted and violation of, or for enforcing or Appeals (or his/her designee/s). recommended decisions are prepared by implementing a statute, rule, regulation,

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20018 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices order or license, when the disclosing the hearings and appeals proceedings, Sec. 11, all; agency becomes aware of information and government officials. Sec. 12, all; indicating the violation or potential Sec. 13, all; violation of a statute, rule, regulation, EXEMPTIONS CLAIMED FOR THE SYSTEM: Sec. 14, all; order or license. None. Sec. 15, E2; Sec. 22, E2; (3) To a congressional office in [FR Doc. 99–10213 Filed 4–22–99; 8:45 am] Sec. 23, all; connection with an inquiry an BILLING CODE 4310±RK±P individual covered by the system has Sec. 24, all; Sec. 25, N2, N2S2; made to the congressional office. Sec. 26, N2, NESW, E2NWSW, SE. DEPARTMENT OF THE INTERIOR POLICIES AND PRACTICES FOR STORING, T. 21 S., R. 6 E., SLM, Utah Sec. 19, lots 3, 4, E2SW; RETRIEVING, ACCESSING, RETAINING, AND Bureau of Land Management DISPOSING OF RECORDS IN THE SYSTEM: Sec. 30, lots 1–3, E2NW, NESW. [UTU±76195] Containing 7,171.66 acres STORAGE: Records are maintained in manual Notice of Coal Lease Offering by The minable portions of the seams in form in file folders. Sealed Bid; The Pines Tract this area are from 6 to 14 feet in thickness. This tract contains an RETRIEVABILITY: U.S. Department of the Interior, estimated 60 million tons of recoverable Records are indexed and retrieved by Bureau of Land Management, Utah State high volatile C bituminous coal. the name of the appellant, claimant, or Office, P.O. Box 45155, Salt Lake City, other party, or by designated Office of Utah 84145–0155. Notice is hereby The estimated coal quality using Hearings and Appeals docket number. given that at 11 a.m., May 20, 1999, weighted averages of samples on an as- certain coal resources in lands received basis is: SAFEGUARDS: hereinafter described in Sevier and 11,539 ...... BTU/lb.; Access to and use of these records is Emery Counties, Utah will be offered for 8.37 ...... Percent moisture: limited to those persons whose official competitive lease by sealed bid of 0.5 ...... Percent sulphur; duties require such access. Records are $100.00 per acre or more to the qualified 8.78 ...... Percent ash; maintained in accordance with 43 CFR bidder submitting the highest bonus bid 45.98 ...... Percent fixed carbon; 2.51. in accordance with the provisions of the 36.87 ...... Percent volatile matter. Mineral Leasing Act of 1920, as (Totals do not equal 100% due to round- RETENTION AND DISPOSAL: ing) amended (41 Stat. 437). However, no Records are retained in accordance bid will be accepted for less than fair Rental and Royalty with approved records retention and market value as determined by the disposal schedules. authorized officer. A company or A lease issued as a result of this offering will provide for payment of an SYSTEM MANAGER(S) AND ADDRESS: individual is limited to one sealed bid. If a company or individual submits two annual rental of $3 per acre or fraction Director, Office of Hearings and thereof and a royalty payable to the Appeals, U.S. Department of the or more sealed bids for this tract, all of the company’s or individual’s bids will United States of 12.5 percent of the Interior, 4015 Wilson Boulevard, value of coal mined by surface methods, Arlington, Virginia 22203. be rejected. This lease is being offered for sale and 8 percent of the value of coal mined NOTIFICATION PROCEDURE: under the provisions set forth in the by underground methods. The value of Inquiries regarding the existence of regulations for Leasing on Application coal shall be determined in accordance records shall be addressed to the System at 43 CFR 3425. with BLM Manual 3070. Manager. The request must be in The lease sale will be held in the State Notice of Availability writing, signed by the requestor, and of Utah, Division of Community and comply with the content requirements Economic Development Conference Bidding instructions are included in of 43 CFR 2.60. Room, 324 South State Street, Suite 501, the Detailed Statement of Lease Sale. A Salt Lake City, Utah, at 11 p.m. on May copy of the detailed statement and the RECORD ACCESS PROCEDURES: 20, 1999. At that time, the sealed bids proposed coal lease are available by A request for access shall be will be opened and read. No bids mail at the Bureau of Land Management, addressed to the System Manager. The received after 10 a.m., May 20, 1999, Utah State Office, P.O. Box 45155, Salt request must be in writing, signed by will be considered. Lake City, Utah 84155–0155 or in the the requester, and comply with the Coal Offered Public Room (Room 400), 324 South content requirements of 43 CFR 2.63. State Street, Salt Lake City, Utah 84111. The coal resources to be offered All case file documents and written CONTESTING RECORD PROCEDURES: consist of all recoverable reserves comments submitted by the public on A petition for amendment shall be available in the following described Fair Market Value or royalty rates addressed to the System Manager. The lands located in Sevier and Emery except those portions identified as request must be in writing, signed by Counties, Utah, approximately 5 miles proprietary by the commentator and the requester, and comply with the northwest of Emery, Utah on public meeting exemptions stated in the content requirements of 43 CFR 2.71. land located in the Manti-LaSal Freedom of Information Act, are National Forest: RECORD SOURCE CATEGORIES: available for public inspection in the Public Room (Room 400) of the Bureau Records in the system contain T. 20 S., R 5 E., SLM, Utah Sec. 35, S2NE, SENW, NESW, S2SW, SE; of Land Management. information submitted by all parties to Sec. 36, W2SW, SESW. Douglas M. Koza, the adjudication, including but not T. 21 S., R. 5 E., SLM, Utah Deputy State Director, Natural Resources. limited to the following categories of Sec. 1, lots 3, 4, S2SW, SWSE; individuals: appellants, claimants, Sec. 2, lots 1–4, S2S2; [FR Doc. 99–10187 Filed 4–22–99; 8:45 am] grievants, and other persons involved in Sec. 10, E2; BILLING CODE 4310±DQ±M

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DEPARTMENT OF THE INTERIOR (H) We will resume a full service campus and adjacent properties in Little business on May 24, 1999 at 2800 Rock, Arkansas. Congress established Bureau of Land Management Cottage Way; Sacramento, CA. the historic site to preserve, protect, and [CA±099±0777±43] Dated: April 16, 1999. interpret for the benefit, education, and Andrew M. Smith, inspiration of present and future Relocation/Change of Address/Office Acting Deputy State Director, Support generations, Central High School and its Closure: California Services. role in the integration of public schools [FR Doc. 99–10103 Filed 4–22–99; 8:45 am] and the development of the Civil Rights AGENCY: Bureau of Land Management, movement in the United States. Interior. BILLING CODE 4310±40±P In accordance with NPS park ACTION: Notice. planning policy, the GMP will ensure SUMMARY: On May 6, 1999, the Bureau DEPARTMENT OF THE INTERIOR the historic site has a clearly defined of Land Management’s California State direction for resource preservation and National Park Service Office will relocate to another facility. visitor use. It will be developed in consultation with servicewide program EFFECTIVE DATE: May 6, 1999. Little Rock Central High School managers, interested parties, and the FOR FURTHER INFORMATION CONTACT: National Historic Site general public. It will be based on an Tony Staed at 916–978–4610 or Andy adequate analysis of existing and Smith at 916–978–4500; BLM California AGENCY: National Park Service, Interior. potential resource conditions and visitor State Office; 2135 Butano Drive, ACTION: Notice of intent to prepare a experiences, environmental impacts, Sacramento, CA 95825. General Management Plan and Environmental Impact Statement for and costs of alternative courses of SUPPLEMENTARY INFORMATION: On May 6, action. 1999, BLM California State Office will Little Rock Central High School National Historic Site, Arkansas. relocate to 2800 Cottage Way, In accordance with Public Law 105– 356, the GMP for the historic site will Sacramento, CA 95825; Telephone: 916– SUMMARY: The National Park Service include provisions to: 978–4400. The following business (NPS) will prepare a General practices will be in effect from May 6 Management Plan (GMP) and an (1) Identify specific roles and through May 21, 1999: Environmental Impact Statement (EIS) responsibilities for the NPS in (A) A representative will be available for the Little Rock Central High School administering the historic site. at the Federal Building, 2800 Cottage National Historic Site (hereafter, ‘‘the (2) Identify lands or property, if any, Way; to provide assistance during the historic site’’), Arkansas, in accordance that might be necessary for the NPS to relocation period. with section 102(2)(C) of the National acquire to carry out its responsibilities. (B) The following telephone numbers Environmental Policy Act of 1969 may be utilized to contact a staff person (3) Identify the roles and (NEPA) and Public Law 105–356. This responsibilities of other entities in in the offices listed below: notice is being furnished as required by (1) Fire (pager) 1–888–705–3330. administering the historic site and its NEPA Regulations 40 CFR 1501.7. programs. (2) Law Enforcement, 909–697–5332, To facilitate sound planning and POC: Jim Beaudette, (Pager) 1–888–347– environmental assessment, the NPS (4) Include a management framework 8904. intends to gather information necessary that ensures the administration of the (3) Public Information Center 916– for the preparation of the EIS, and to historic site does not interfere with the 978–4400 POC: Gary Catledge. obtain suggestions and information from continuing use of Central High School (4) External Affairs 916–978–4610 or other agencies and the public on the as an educational institution. 916–978–5107. scope of issues to be addressed in the Public Law 105–356 specifies that (5) Director’s Office 916–978–4600; EIS. Comments and participation in this nothing in the Act shall affect the fax 916–978–4620. scoping process are invited. authority of the Little Rock School (C) Access our website at Participation in the planning process District to administer Central High (www.ca.blm.gov) for information will be encouraged and facilitated by School, nor shall the Act affect the related to our relocation, BLM programs, various means, including newsletters, authorities of the City of Little Rock in news releases and other BLM related open houses, etc. the neighborhood surrounding the programs. (D) The Public Information Center ADDRESSES: Written comments and school. will be staffed for general inquiries only. information concerning the scope of the The environmental review of the GMP There will be no over-the-counter sales EIS and other matters, or requests to be and EIS for historic site will be transactions during this interim period. added to the project mailing list, should conducted in accordance with Orders received will be processed but be directed to: Bill Koning, National requirements of the NEPA (42 U.S.C. mailed after May 24, 1999. Park Service, Denver Service Center, 4371 et seq.), NEPA regulations (40 CFR (E) Our official records (I.e., case files, P.O. Box 25287, Denver, Colorado 1500–1508), other appropriate Federal 80225, 303–969–2390, regulations, and National Park Service maps, plats. etc.)will not be available for l public inspection. bill [email protected] procedures and policies for compliance (F) Please Note: existing telephone FOR FURTHER INFORMATION CONTACT: with those regulations. numbers will remain the same. During Sa¨ndra Washington, Chief, Planning and The NPS estimates the draft GMP and the interim, BLM employees will access Compliance, National Park Service, draft EIS will be available to the public their voice mail and respond to Midwest Region, 1709 Jackson Street, by June 2000. messages in an expeditious manner. Omaha, Nebraska 68102, 402–221–3351, (G) All correspondences should be [email protected] Dated: April 14, 1999. sent to the following Cottage Way SUPPLEMENTARY INFORMATION: As David N. Given, address effective May 5, 1999: Bureau of established, the historic site shall Deputy Regional Director, Midwest Region. Land Management 2800 Cottage Way, consist of lands and interests therein [FR Doc. 99–10201 Filed 4–22–99; 8:45 am] Room W–1834 Sacramento, CA 95825 comprising the Central High School BILLING CODE 4310±70±P

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DEPARTMENT OF THE INTERIOR 10:15 AM cavates in Frijoles Canyon. On the basis Update—General Management Plan, of ceramic data, the occupation of this National Park Service Phase II Implementation, William site is believed to have been between Thomas AD 1400-1550. Saguaro, National Park, Arizona; 10:30 AM Between 1948-1955, 29 projectile Transfer of Administrative Jurisdiction Update—Haslett Warehouse, Stephen points were recovered from the Rainbow Over Certain Lands Crabtree, Concession Program House site by Fredrick Worman and Management Louis Caywood. On the basis of ceramic AGENCY: National Park Service, 10:45 AM Department of the Interior. and tree-ring dating of the site, these Update—SAFR Space needs for: items are believed to date between AD ACTION: Saguaro National Park, Arizona; Haslett Warehouse, Building E 1400-1500. Transfer of administrative jurisdiction Space Update: Alameda Building Between 1974-1978, 15 projectile over certain lands within Saguaro Leasing Project points were recovered from the Cochiti National Park. Status—Port of Oakland, Bay Ship & Flood Pool by National Park Service Yacht, Dry-dock, Tom Mulhern, archeological crews. On the basis of DATES: The effective date of this Order Museum Services Manager is April 23, 1999. ceramic and radiocarbon dating of sites 11:15 AM in the Flood Pool, these items are dated SUMMARY: Saguaro National Park was Status—Ship Preservation Update, between AD 1200-1600. established by the Saguaro National Wayne Boykin, Ships Manager & Monument accession and catalog Park Establishment Act of 1994, Pub. L. Staff records do not record the provenience 103–364, 108 Stat. 3467. Since the date 11:30 AM for three projectile points. However, all of enactment of that act, October 14, Status—Volunteer Program, Sue are believed to have been recovered 1994, the Bureau of Land Management Schmidt, Volunteer Coordinator from the monument, as they are very has acquired certain lands and/or 11:45 PM similar to the type and appearance of interests in lands within the area Update—National Maritime Museum other items found at sites in the described in subsection 4(a) of the act. Association Projects, Kathy Lohan, monument area. On the basis of Notice is hereby given that, as of the Chief Executive Officer information from similar objects found date of publication of this notice, 12:00 PM in the area, the estimated dates of these administrative jurisdiction over those Public Comments and Questions items are between AD 1200-1600. lands and/or interests in lands is 12:15 PM Anthropological, archeological, and transferred from the Bureau of Land Agenda items/Date for next meeting oral tradition evidence indicates that the Management to the National Park William G. Thomas, monument area has been continuously Service. Superintendent. occupied by Keres-speaking pueblo The lands and/or interests acquired [FR Doc. 99–10202 Filed 4–22–99; 8:45 am] groups (including the Pueblo of Acoma, by the Bureau of Land Management, BILLING CODE 4310±70±P Pueblo of Cochiti, Pueblo of Laguna, subject to this notice, are known as Pueblo of San Felipe, Pueblo of Santa Tract 02–108 of Saguaro National Park Ana, Pueblo of Santo Domingo, and and include 632.78 acres of land. DEPARTMENT OF THE INTERIOR Pueblo of Zia) and the Tewa-speaking A map and legal description of these pueblo groups (including the Pueblo of certain lands within Saguaro National National Park Service Nambe, Pueblo of Pojoaque, Pueblo of Park may be reviewed by contacting San Ildefonso, Pueblo of San Juan, National Park Service, Chief, Land Notice of Intent to Repatriate Cultural Pueblo of Santa Clara, Pueblo of Resources Program Center, Items in the Possession of Bandelier Tesuque, and the present-day Hano Intermountain Region, P.O. Box 728, National Monument, National Park community at Hopi) since at least AD Santa Fe, New Mexico 87504. Service, Los Alamos, NM 1100. Dated: March 30, 1999. AGENCY: National Park Service, Interior. In 1995, representatives of Bandelier National Monument continued John E. Cook, ACTION: Notice. consultation with the Pueblo of Cochiti, Regional Director, Intermountain Region, New Mexico, as part of its NAGPRA National Park Service. Notice is hereby given in accordance compliance process. Two Cochiti [FR Doc. 99–10204 Filed 4–22–99; 8:45 am] with provisions of the Native American Graves Protection and Repatriation Act traditional religious leaders reviewed BILLING CODE 4310±70±P (NAGPRA), 43 CFR 10.10 (a)(3), of the the Monument’s entire archeological intent to repatriate cultural items in the collection and identified 53 projectile DEPARTMENT OF THE INTERIOR possession of Bandelier National points as needed for the practice of Monument, National Park Service, Los traditional Cochiti religion by present- National Park Service Alamos, NM, which meet the definition day adherents. After reviewing of ‘‘sacred object’’ under Section 2 of the information obtained through tribal Agenda for the June 2, 1999 Public Act. consultation, as well as considering Meeting of the Advisory Commission The 53 cultural items are projectile recommendations forwarded by the for the San Francisco Maritime points. NAGPRA Review Committee, National National Historical Park In 1909, one projectile point was Park Service officials determined that in recovered during Edgar Hewett’s this instance these 53 projectile points Public Meeting, Presidio Golden Gate excavation of the Tyuonyi site. The meet the definition of ‘‘sacred object’’ Club 10:00 AM–12:15 PM Tyuonyi site is believed to have been under Section 2 of the Act. Information 10:00 AM occupied between AD 1325–1600 on the regarding the names of the traditional Welcome—Neil Chaitin, Chairman basis of ceramic and tree-ring data from religious leaders and the specific Opening Remarks—Neil Chaitin, the site. ceremonies in which these objects will Chairman, William Thomas, In 1943, J.W. Hendron recovered five be used is being withheld from this Superintendent projectile points from the Group M notice by the Superintendent of the

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Monument, at the request of the Cochiti that date if no additional claimants Control and Information Systems representatives, in order to not come forward. (ABACIS),’’ published in the Federal compromise the Pueblo de Cochiti’s Dated: April 15, 1999. Register on February 18, 1999 (64 FR code of religious practice. Francis P. McManamon, 8116). OSM records can be located by Based on the above-mentioned Departmental Consulting Archeologist, contacting the OSM System Manager: Payments and Acquisitions Team information, and the recommendations Manager, Archeology and Ethnography Leader, Division of Financial of the NAGPRA Review Committee, Program. Management, Office of Surface Mining, officials of the National Park Service [FR Doc. 99–10209 Filed 4–22–99; 8:45 am] BILLING CODE 4310±70±F PO Box 25065, Denver, Colorado 80225– have agreed that, pursuant to 42 CFR 0065. 10.2(d)(3), these 53 projectile points are 2. Interior/OSM–3, ‘‘Travel Vouchers needed by traditional Native American DEPARTMENT OF THE INTERIOR and Authorizations,’’ previously religious leaders for the practice of published in the Federal Register on traditional Native American religion by Office of Surface Mining Reclamation December 27, 1988 (53 FR 52241). The present-day adherents. Officials of the and Enforcement records contained in this system are National Park Service have also covered by Interior/MMS–8, ‘‘Advanced determined that, pursuant to 43 CFR Privacy Act of 1974, as Amended; Budget/Accounting Control and 10.2(e), there is a relationship of shared Systems of Records Information System (ABACIS),’’ group identity which can be reasonably AGENCY: Office of Surface Mining, published in the Federal Register on traced between these objects and the Interior. February 18, 1999 (64 FR 8116). OSM records can be located by contacting the Hopi Tribe of Arizona; Pueblo of ACTION: Notice of deletion of two OSM System Manager: Payments and Acoma, New Mexico; Pueblo of Cochiti, systems of records. New Mexico; Pueblo of Laguna, New Acquisitions Team Leader, Division of Mexico; Pueblo of Nambe, New Mexico; SUMMARY: Pursuant to the provisions of Financial Management, Office of Pueblo of Pojoaque, New Mexico; the Privacy Act of 1974, as amended (5 Surface Mining, PO Box 25065, Denver, Pueblo of San Felipe, New Mexico; U.S.C. 552a), notice is hereby given that Colorado 80225–0065. Pueblo of San Ildefonso, New Mexico; the Department of the Interior is Robert Ewing, Pueblo of San Juan, New Mexico; deleting two systems of records Chief Information Officer, Office of Surface Pueblo of Santa Ana, New Mexico; managed by the Office of Surface Mining. Pueblo of Santa Clara, New Mexico; Mining (OSM). The system of records [FR Doc. 99–10210 Filed 4–22–99; 8:45 am] Pueblo of Santo Domingo, New Mexico; entitled ‘‘Travel Advance File-Interior/ BILLING CODE 4310±05±M Pueblo of Tesuque, New Mexico; and OSMRE–2’’ and the system of records Pueblo of Zia, New Mexico. entitled ‘‘Travel Vouchers and Authorizations-Interior/OSMRE–3’’ both DEPARTMENT OF JUSTICE This notice has been sent to officials have been re-examined and determined of the Hopi Tribe of Arizona; Pueblo of that the records contained in these two Bureau of Prisons Acoma, New Mexico; Pueblo of Cochiti, systems are covered by and maintained New Mexico; Pueblo of Isleta, New in ‘‘Advanced Budget/Accounting Notice of Intent To Prepare a Draft Mexico; Pueblo of Jemez, New Mexico; Control and Information System Environmental Impact Statement Pueblo of Laguna, New Mexico; Pueblo (ABACIS)—Interior/MMS–8,’’ published (DEIS) for Housing Criminal Alien of Nambe, New Mexico; Pueblo of in the Federal Register on February 18, Population in Non-Federal Low- Picuris, New Mexico; Pueblo of 1999 (64 FR 8116). Security Correctional Facilities Pojoaque, New Mexico; Pueblo of DATES: These actions will be effective on AGENCY: Bureau of Prisons, Department Sandia, New Mexico; Pueblo of San April 23, 1999. of Justice. Felipe, New Mexico; Pueblo of San FOR FURTHER INFORMATION CONTACT: ACTION: Notice of intent to prepare a Ildefonso, New Mexico; Pueblo of San Charles Albrecht, Payments and Draft Environmental Impact Statement Juan, New Mexico; Pueblo of Santa Ana, Acquisitions Team, Division of (DEIS). New Mexico; Pueblo of Santa Clara, Financial Management, Office of New Mexico; Pueblo of Santo Domingo, Surface Mining, Denver, Colorado, at SUMMARY: New Mexico; Pueblo of Taos, New (303) 236–0330, extension 243. Proposed Action: The mission of the Mexico; Pueblo of Tesuque, New SUPPLEMENTARY INFORMATION: Earlier U.S. Department of Justice, Federal Mexico; Pueblo of Zia, New Mexico; and Privacy Act Compilations list the Bureau of Prisons (Bureau) is to protect Zuni Tribe of the Zuni Reservation, New systems of records with the prefix of society by confining offenders in the Mexico. Representatives of any other ‘‘OSMRE’’ (e.g., OSMRE–2) when controlled environments of prison and Indian Tribe that believes itself to be originally published in the Federal community-based facilities that are safe, humane, cost efficient, and culturally affiliated with these objects Register. The prefix was later changed appropriately secure, and that provides should contact Roy W. Weaver, to ‘‘OSM’’ in subsequent records systems for convenience; the content of work and other self-improvement Superintendent, Bandelier National opportunities to assist offenders in Monument, National Park Service, HCR the systems of records is the same. The two systems of records notices becoming law-abiding citizens. In 1, Box 1, Suite 15, Los Alamos, NM being deleted and the reasons for addition, the Bureau supports the U.S. 87544; telephone: (505) 672-3861, ext. deletions are listed below: Marshals Service in its efforts to house 501 before [thirty days after publication 1. Interior/OSM–2, ‘‘Travel Advance the growing number of unsentenced in the Federal Register]. Repatriation of File,’’ previously published in the federal detainees, and the Immigration these cultural items to the Pueblo of Federal Register on December 27, 1988 and Naturalization Service in the Cochiti, New Mexico, may begin after (53 FR 52240). The records contained in rapidly increasing requirements for the this system are covered by Interior/ detention of sentenced and unsentenced MMS–8, ‘‘Advanced Budget/Accounting aliens awaiting hearings and/or release

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In order to do so, Site Selection and Environmental Federal owned and non-federally the Bureau over the next several Review Branch, Federal Bureau of operated; and months, will be preparing one or more Prisons, 320 First Street NW., Non-federally owned and operated. Request for Proposals to be sent to Washington, D.C. 20534, Telephone 1– Historically, the Bureau evaluated the prospective contractors requesting 800–658–1117, Facsimile 202–616– establishment and operation of both proposals to house in private contract 6024, e-mail: [email protected] federal and contract correctional facilities low-security adult non-U.S. Dated: April 19, 1999. facilities under the National citizen males with 60 months or less David J. Dorworth, remaining on their sentences. Environmental Policy Act of 1969, 42 Chief, Site Selection and Environmental U.S.C. 4321 (NEPA) on a case-by-case To ensure compliance with NEPA, the Review Branch. basis. This individualized approach to Bureau is undertaking preparation of a [FR Doc. 99–10337 Filed 4–22–99; 8:45 am] Draft Programmatic Environmental project evaluation carries with it the BILLING CODE 4410±05±U advantages of site-specific evaluation, Impact Statement (DPEIS) to determine significant public participation, and the potential impacts of this proposal. Topics to be studied as part of the tailored mitigation plans. However, it is DEPARTMENT OF LABOR the Bureau’s experience that the DPEIS includes, but are not limited to: evaluation of low-security institutions topography, geology/soils, hydrology, Office of the Secretary has many common issues that must be biological resources, utility services, separately addressed for each new transportation services, cultural Submission for OMB Review; project. The cost, time, and effort resources, land uses, social and Comment Request expended in examining these common economic factors, hazardous materials, air and noise quality, among others. April 20, 1999. issues are magnified and can become The Department of Labor (DOL) has Alternatives: In developing the DPEIS, impractical in the context of awarding submitted the following public the options of ‘‘no action,’’ ‘‘alternative contracts for the operation and/or information collection requests (ICRs) to housing arrangements,’’ and ‘‘preferred construction of non-federal low security the Office of Management and Budget alternative’’ will be fully and thoroughly facilities. Therefore, the Bureau (OMB) for review and approval in examined. proposes to establish national accordance with the Paperwork procedures in accordance with NEPA Scoping Process: During preparation Reduction Act of 1995 (Pub. L. 104–13, for the award and monitoring of of the DPEIS, there will be numerous 44 U.S.C. Chapter 35). A copy of each contracts for low-security non-federally opportunities for public involvement. individual ICR, with applicable owned and operated detention and Towards that end, the Bureau will host supporting documentation, may be prison facilities. Scoping Meetings to which all obtained by calling the Department of In recent years, the Bureau has faced interested persons are invited to attend. Labor, Acting Departmental Clearance unprecedented growth in its inmate The purpose of the Scoping Meetings is Officer, Pauline Perrow ({202} 219– population. It is projected that this to afford the public, regulatory agency 5096 ext. 165) or by E–Mail to Perrow- growth will accelerate as a result of representatives, and elected officials an [email protected]. programs implemented by the opportunity to learn about and voice Comments should be sent to Office of Immigration and Naturalization service their interests and concerns regarding Information and Regulatory Affairs, regarding sentenced and unsentenced the privatization mandate. The Scoping Attn: OMB Desk Officer for BLS, DM, aliens. Correctional institutions at the Meetings are being held to provide for ESA, ETA, MSHA, OSHA, PWBA, or low-security level will be impacted timely public comments and VETS, Office of Management and immediately because sentenced and understanding of federal plans and Budget, Room 10235, Washington, DC unsentenced aliens are typically housed programs with possible environmental 20503 ({202} 395–7316), within 30 days at the low-security level. Due to the consequences as required by NEPA. The from the date of this publication in the current shortage of beds, especially at Scoping Meetings will be held: Federal Register. the low-security level, the Bureau has 7:00 p.m., Thursday, April 29, 1999, at the The OMB is particularly interested in been forced to manage its population by Solis Cohen Auditorium of Thomas comments which: designating minimum and medium- Jefferson University, 1020 Locust Avenue, • Evaluate whether the proposed security level institutions as low- Jefferson Alumni Hall, 1020 Locust collection of information is necessary security institutions, which, in turn, Avenue, Philadelphia, Pennsylvania for the proper performance of the creates a domino effect for all other 7:00 p.m., Tuesday, May 4, 1999, at the Hall functions of the agency, including security levels. The projected of State Auditorium at Fair Park, 3939 whether the information will have Grand Avenue, Dallas, Texas population of sentenced and practical utility; unsentenced aliens will only exacerbate 7:00 p.m. Thursday, May 6, 1999, at the • Marina Village Conference Center Evaluate the accuracy of the these population pressures. Captain’s Room, 1936 Quivira Way, San agency’s estimate of the burden of the As a result, the Bureau is seeking Diego, California proposed collection of information, flexibility in managing its current including the validity of the shortage of beds in the low-security Inquiries or written comments may methodology and assumptions used; level as well as the anticipated sharp also be directed to the Bureau through • Enhance the quality, utility, and and/or short-term increases at this June 1, 1999. clarity of the information to be security level. Such management Draft Programmatic EIS Preparation: collected; and flexibility would have to meet Public notice will be provided • Minimize the burden of the population capacity needs in a timely concerning the availability of the Draft collection of information on those who

VerDate 23-MAR-99 18:59 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm01 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20023 are to respond, including through the Agency: Employment and Training Affected Public: Individuals or use of appropriate automated, Administration (ETA). household, business or other for-profit, electronic, mechanical, or other Title: Equal Employment not-for-profit institutions, Federal technological collection techniques or Opportunity, Affirmative Action. Government, State, Local, or Tribal govt. other forms of information technology, Number of Respondents: 5,350. e.g., permitting electronic submission of OMB Number: 1205–0224 (Extension). responses. Frequency: On-occasion.

Average time Section No. Affected Public Respondents Frequency per response

30.3 ...... Apprenticeship Sponsors ...... 112 One-time ...... 30 min. 30.4 ...... do ...... 1,336 One-time ...... 1 hr. 30.5 ...... do ...... 3,964 One-time ...... 30 min. 30.6 ...... do ...... 50 One-time ...... 5hrs. 30.8 ...... do ...... 41,480 One-time ...... 1min. 30.3 ...... Apprenticeship Programs ...... 30 One-time ...... 5min. ETA 9039 ...... Apprentice ...... 50 One-time ...... 1¤2 hr.

Total Burden Hours: 6,068. apprenticeship programs registered with OMB Number: 1220–0039 (Extension). Total Annualized capital/startup the U.S. Department of Labor and Frequency: Monthly. costs: $0. recognized State apprenticeship Affected Public: Individuals and Total annual costs (operating/ agencies. households; business or other for-profit; maintaining systems or purchasing farms. services): $0. Agency: Bureau of Labor Statistics Description: Title 29 CFR Part 30 sets (BLS). Number of Respondents: 49,675 (3 yr. forth policies and procedures to Title: Consumer Price Index Avg.). promote equality of opportunity in Commodities and Services Survey. Estimated Time Per Respondent:

Minutes per Form No. Total number Frequency Total annual response Est. total bur- of respondents responses (Average) den hours

BLS ...... 11,831 Annual ...... 11,831 4 789 3400 ...... BLS ...... 11,831 Annual ...... 11,831 36 7,099 3400A.2 ...... BLS ...... 11,831 Annual ...... 11,831 23 4,535 3400B ...... BLS ...... 3,076 Annual ...... 3,076 6.9 354 3400C ...... BLS ...... 37,844 Monthly/Bimonthly ...... 325,530 14.187 76,972 3401 ...... Totals ...... 42,487 ...... 337,361 16 89,749

Total Burden Hours: 89,749 (3 yr. Affected Public: Business or other for- of the Compliance Assistance Avg.). profit; Federal Government, State, Local Authorization Act (CAAA) of 1998. Total Annualized Capital/startup or Tribal. Pauline Perrow, costs: $0. Number of Respondents: 27,048. Acting Departmental Clearance Officer. [FR Doc. 99–10276 Filed 4–22–99; 8:45 am] Total Annual (operating/ Estimated Time Per Respondent: BILLING CODE 4510±23±M maintaining): $0. Varies (Average of 0.44 hour). Description: The collection of prices Total Burden Hours: 11,935. directly from retail establishments is DEPARTMENT OF LABOR essential for the timely and accurate Total Annualized Capital/startup calculation of the commodities and costs: $0. Employment Standards Administration services component of the Consumer Total Annual (operating/ Wage and Hour Division Price Index. Respondents include retail maintaining): $0. establishments throughout the country. Minimum Wages for Federal and Description: The information Federally Assisted Construction; Agency: Occupational Safety and collection requirements contained in the General Wage Determination Decisions Health Administration (OSHA). consultation regulations are necessary to Title: Consultation Agreements (29 ensure proper operation of the General wage determination decisions CFR 1908). consultation programs funded by OSHA of the Secretary of Labor are issued in accordance with applicable law and are OMB Number: 1218–0110 and operated by the states, and to meet employment participation requirements based on the information obtained by (Reinstatement). the Department of Labor from its study Frequency: On-occasion, quarterly, of local wage conditions and data made biennially, annually. available from other sources. They

VerDate 23-MAR-99 18:59 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm01 PsN: 23APN1 20024 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices specify the basic hourly wage rates and contractors and subcontractors to Bacon and Related Acts.’’ This fringe benefits which are determined to laborers and mechanics. publication is available at each of the 50 be prevailing for the described classes of Any person, organization, or Regional Government Depository laborers and mechanics employed on governmental agency having an interest Libraries and many of the 1,400 construction projects of a similar in the rates determined as prevailing is Government Depository Libraries across character and in the localities specified encouraged to submit wage rate and the country. therein. fringe benefit information for The general wage determinations The determinations in these decisions consideration by the Department. issued under the Davis-Bacon and of prevailing rates and fringe benefits Further information and self- related Acts are available electronically have been made in accordance with 29 explanatory forms for the purpose of by subscription to the FedWorld CFR Part 1, by authority of the Secretary submitting this data may be obtained by Bulletin Board System of the National of Labor pursuant to the provisions of writing to the U.S. Department of Labor, Technical Information Service (NTIS) of the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, the U.S. Department of Commerce at 1– as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of 800–363–2068. 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution Hard-copy subscriptions may be statutes referred to in 29 CFR Part 1, Avenue, NW, Room S–3014, purchased from: Superintendent of Appendix, as well as such additional Washington, DC 20210. Documents, U.S. Government Printing statutes as may from time to time be Modifications to General Wage Office, Washington, DC 20402 (202) enacted containing provisions for the Determination Decisions 512–1800. payment of wages determined to be When ordering hard-copy prevailing by the Secretary of Labor in The number of decisions listed in the subscription(s), be sure to specify the accordance with the Davis-Bacon Act. Government Printing Office document State(s) of interest, since subscriptions The prevailing rates and fringe benefits entitled ‘‘General Wage Determinations may be ordered for any or all of the determined in these decisions shall, in Issued Under the Davis-Bacon and seven separate volumes, arranged by accordance with the provisions of the Related Acts’’ being modified are listed State. Subscriptions include an annual foregoing statutes, constitute the by Volume and State. Dates of edition (issued in January or February) minimum wages payable on Federal and publication in the Federal Register are which includes all current general wage federally assisted construction projects in parentheses following the decisions determinations for the States covered by to laborers and mechanics of the being modified. each volume. Throughout the remainder specified classes engaged on contract Volume I of the year, regular weekly updates are work of the character and in the None distributed to subscribers. localities described therein. Volume II Signed at Washington, DC this 16th day of Good cause is hereby found for not April 1999. Pennsylvania utilizing notice and public comment Margaret J. Washington, PA990024 (Mar. 12, 1999) procedure thereon prior to the issuance Acting Chief, Branch of Construction Wage of these determinations as prescribed in Volume III Determinations. 5 U.S.C. 553 and not providing for delay None [FR Doc. 99–9978 Filed 4–22–99; 8:45 am] in the effective date as prescribed in that BILLING CODE 4510±27±M section, because the necessity to issue Volume IV current construction industry wage None determinations frequently and in large Volume V volume causes procedures to be NATIONAL SKILL STANDARDS Iowa BOARD impractical and contrary to the public IA990003 (Mar. 12, 1999) interest. IA990005 (Mar. 12, 1999) Notice of Open Meeting General wage determination IA990010 (Mar. 12, 1999) decisions, and modifications and IA990018 (Mar. 12, 1999) AGENCY: National Skill Standards Board. IA990070 (Mar. 12, 1999) supersedes decisions thereto, contain no ACTION: Notice of open meeting. expiration dates and are effective from IA990071 (Mar. 12, 1999) IA990072 (Mar. 12, 1999) SUMMARY: their date of notice in the Federal IA990078 (Mar. 12, 1999) The National Skill Standards Register, or on the date written notice IA990079 (Mar. 12, 1999) Board was established by an Act of is received by the agency, whichever is IA990080 (Mar. 12, 1999) Congress, the National Skill Standards earlier. These decisions are to be used Missouri Act, Title V, Pub. L. 103–227. The 27- in accordance with the provisions of 29 MO990046 (Mar. 12, 1999) member National Skill Standards Board CFR Parts 1 and 5. Accordingly, the Volume VI will serve as a catalyst and be applicable decision, together with any responsible for the development and modifications issued, must be made a Alaska implementation of a national system of AK990001 (Mar. 12, 1999) part of every contract for performance of AK990002 (Mar. 12, 1999) voluntary skill standards and the described work within the AK990006 (Mar. 12, 1999) certification through voluntary geographic area indicated as required by partnerships which have the full and an applicable Federal prevailing wage Volume VII balanced participation of business, law and 29 CFR Part 5. The wage rates Nevada industry, labor, education and other key and fringe benefits, notice of which is NE990002 (Mar. 12, 1999) groups. published herein, and which are General wage determinations issued Time and Place: The meeting will be contained in the Government Printing under the Davis-Bacon and related Acts, held from 8:30 a.m. to approximately Office (GPO) document entitled including those noted above, may be 12:00 p.m. on Tuesday, May 18, 1999, ‘‘General Wage Determinations Issued found in the Government Printing Office in The Westin, Southfield-Detroit at Under The Davis-Bacon And Related (GPO) document entitled ‘‘General Wage 1500 Town Center, Southfield Act,’’ shall be the minimum paid by Determinations Issued Under The Davis- Michigan.

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Agenda: The agenda for the Board SUPPLEMENTARY INFORMATION: attributes of licensee performance not Meeting will include: an update from adequately covered by PIs. Background the Board’s committees; and • The baseline inspection program presentations from representatives of On March 22, 1999, the staff issued will also verify the accuracy of PI data the Sales and Service Voluntary SECY–99–007a Recommendations for collection and analysis and provide for Partnership (SSVP) and the Reactor Oversight Process event response, as appropriate. Manufacturing Skill Standards Council Improvements (Follow-Up to SECY–99– • Enforcement actions will be focused (MSSC). 007), forwarding the staff’s on issues that are risk significant. Public Participation: The meeting, recommendations for a new reactor • Guidelines will be established for from 8:30 a.m. to 12:00 p.m., is open to oversight process. This paper forwarded identifying and responding to the public. Seating is limited and will additional information and noteworthy unacceptable licensee performance. be available on a first-come, first-served changes to the staff recommendations Additionally, the staff will pilot the basis. Seats will be reserved for the for improving the regulatory oversight new reactor oversight process during a media. Individuals with disabilities process initially provided by SECY–99– 6-month period beginning in June, 1999. should contact Leslie Donaldson at 007 Recommendations for Reactor The purpose of the pilot program is to (202) 254–8628, if special Oversight Improvements. This paper exercise the new processes (PI reporting, accommodations are needed. also responds to the Commission’s inspection, assessment, and FOR FURTHER INFORMATION CONTACT: comments from the January 20, 1999, enforcement), to identify process and Tracy Marshall, Director of program briefing on SECY–99–007 and provides procedure problems and make Operations at (202) 254–8628. the staff’s responses to public appropriate changes and, to the comments. maximum extent possible, evaluate the Signed at Washington, DC, this 20th day of The following issues represent a brief effectiveness of the new process. Full April 1999. implementation of the new oversight Edie West, summary of the concepts presented in SECY–99–007A. process will commence pending Executive Director, National Skill Standards successful completion of the pilot Board. Over the last 10 years, commercial nuclear power plants have been program, as measured against pre- [FR Doc. 99–10275 Filed 4–22–99; 8:45 am] operated safely and overall plant established success criteria. A notable BILLING CODE 4510±23±M performance has improved. This feature of the pilot program is the use improvement in plant performance can of the Pilot Program Evaluation Panel, be attributed, in part, to successful consisting of NRC, NEI, industry, NUCLEAR REGULATORY regulatory oversight. Despite this public, and State representatives, to aid COMMISSION success, the agency has noted that the in evaluating the effectiveness of the pilot program. Regulatory Oversight Process Pilot current reactor oversight process (1) is at Workshop times not clearly focused on the most Scope of the Public Workshop safety important issues, (2) consists of The NRC will hold a four day AGENCY: Nuclear Regulatory redundant actions and outputs, and (3) workshop from May 17–20, 1999, to Commission. is frequently subjective, with NRC review and familiarize NRC, industry, action taken in a manner that is at times ACTION: Notice of meeting. and public representatives of the neither scrutable nor predictable. participating pilot sites with the new PI SUMMARY: The Nuclear Regulatory In the new regulatory oversight reporting, inspection, assessment, and Commission (NRC) will hold a public process: workshop to provide information to the • enforcement processes. However, There will be a risk-informed representatives from all plants are NRC, industry, and public baseline inspection program that representatives of the participating pilot welcome to attend the workshop. The establishes the minimum regulatory pilot plants are: Hope Creek, Salem sites with the new PI reporting, interaction for all licensees. inspection, assessment, and • Units 1 and 2, FitzPatrick, Prairie Island Thresholds will be established for Units 1 and 2, Quad Cities Units 1 and enforcement processes. This meeting is licensee safety performance, below open to the public. 2, Shearon Harris, Sequoyah Units 1 and which increased NRC interaction would 2, Ft. Calhoun, and Cooper. DATES: The workshop will be held May be warranted. Attendees should be familiar with the 17 through May 20, 1999. Registration • Adequate assurance of licensee key attributes of the new oversight will be held on May 17, 1999 from 10 performance will require assessment of processes and their associated program a.m to noon. The hours of the workshop both performance indicators (PIs) and documents and understand the key will be from 12 to 5 p.m. on May 17, 8 inspection findings. differences between the new processes a.m. to 5 p.m. on May 18 and May 19, • Inspection findings will be and the existing oversight processes. and 8 a.m. to 1 p.m. on May 20. evaluated for significance and integrated Copies of SECY–00–007 and SECY–99– ADDRESSES: The workshop will be held with PIs in timely manner to support 007a are available on the internet at at the Philadelphia Airport Ramada Inn, overall assessment of licensee http:/www.nrc.gov/NRC/ 76 Industrial Highway (Rt. 291), performance. COMMISSION/SECYS/ • Essington, PA 19029. The hotel phone Both PIs and inspection findings index.html#1999. number is (610) 521–9600 or (800) 277– will be evaluated against risk-informed The agenda for the workshop will 3900. thresholds, where feasible. consist of the following: FOR FURTHER INFORMATION CONTACT: • Crossing a PI threshold and an • Day 1: registration and check-in, August Spector at 301–415–2140 or Lee inspection threshold will have the same background and concept review, review Miller at 301–415–1361, Mail Stop: O– meaning with respect to safety of performance indicators (PIs), 5H4, Inspection Program Branch, Office significance and required NRC thresholds, and PI manual. of Nuclear Reactor Regulation, U.S. interaction. • Day 2: practical examples of PI data Nuclear Regulatory Commission, • The baseline inspection program reporting, and inspection procedure Washington, DC 20555–0001. will cover those risk-significant review and documentation.

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• Day 3: significance determination SUMMARY: The Associate Director for Dated: April 19, 1999. process (including practical examples), Management invites comments on Doug Greene, and new enforcement policy. information collection requests as Associate Director for Management. • Day 4: assessment process review required pursuant to the Paperwork [FR Doc. 99–10142 Filed 4–22–99; 8:45 am] (including practical examples). Reduction Act (44 U.S.C. Chapter 35). BILLING CODE 6051±01±M Workshop Pre-Registration This notice announces that the Peace Corps has submitted to the Office of Workshop attendees are requested to Management and Budget a request to PEACE CORPS pre-register with the NRC approximately approve the use of the Peace Corps two weeks before the workshop. World Wise Schools Educators Information Collection Request Under Attendees may pre-register in either of Technology Information Form. A copy OMB Review the following ways: of the information collection may be 1. Fax to Sun Hoon Kim at (301) 415– obtained from Betsi Shays, Director of AGENCY: Peace Corps. 5106. World Wise School Peace Corps, 1111 ACTION: Notice of public use form 2. Mail to: U.S. Nuclear Regulatory 20th Street, NW, Washington, DC 20526. review request to the Office of Commission, Attn: Sun Hoon Kim, Ms. Shays may be contacted by Management and Budget. Office of Human Resources, Mailstop telephone at 202–692–1455. The Peace T3D45, Washington, DC 20555–0001. Corps invites comments on whether the SUMMARY: Pursuant to the Paperwork Dated at Rockville, Maryland, this 19th day proposed collection of information is Reduction Act (44 U.S.C. chapter 35) of April 1999. necessary for proper performance of the this notice announces that the For the Nuclear Regulatory Commission. functions of the Peace Corps, including information collection requests Cornelius F. Holden, whether the information will have abstracted below have been forwarded Acting Chief, Inspection Program Branch, practical use; the accuracy of the to the Office of Management and Budget Division of Inspection Program Management, agency’s estimate of the burden of the for emergency clearance and for review Office of Nuclear Reactor Regulation. proposed collection of information, and comment. A copy of the Regulatory Oversight Process Pilot including the validity of the information collection may be obtained Workshop Registration, Philadelphia methodology and assumptions used; from Paul Davis, Office of Volunteer Airport Ramada Inn, Essington, PA, May 17– ways to enhance the quality, utility and Recruitment and Selection, United 20, 1999 clarity of the information to be States Peace Corps, 1111 20th Street, NW, Washington, DC 20526. Mr. Davis (Please Print) collected; and, ways to minimize the may be contacted by telephone at (202) lllllllllllllllll burden the collection of information Name: 692–1836. Comments on these forms (Last) (First) those who are to respond, including should be addressed to Victoria Becker Title: llllllllllllllllll through the use of automated collection techniques, when appropriate, and other Wassner, Desk Office, Office of Address: llllllllllllllll forms of information technology. Management and Budget, NEOB, (department, division or unit) Washington, DC 20503. lllllllllllllllllllll Comments on these forms should be (organization/facility) addressed to Victoria Becker Wassmer, Information Collection Abstract lllllllllllllllllllll Desk Officer, Office of Management and Title: Peace Corps Reference Form. (street or P.O. box) Budget, NEOB, Washington, DC 20503. Need for and use of this information: lllllllllllllllllllll Information Collection Abstract (city) (state) (zip code) Peace Corps needs this information in Pilot Plant (Yes/No) lllllllllll Title: Peace Corps Educator order to process applicants for Volunteer service. The information is Telephone (business): lllll (ext)ll Technology Information Form. lllllllllllllllll Need for and Use of This Information: used to determine suitability of E-mail: applicants. Name (for name badge): lllllllll The Peace Corps needs this information to explore ways to involve World Wise Respondents: Individuals who Mail your registration form to: Sun Hoon voluntarily agree to serve as references Kim, Nuclear Regulatory Commission, Office Schools educators in accessing global of Human Resources, Mail Stop T3D45, information through cutting-edge for Peace Corps applicants. Washington, DC 20555. technology. Respondents Obligation To Reply: Fax your registration form to: 301–415– Respondents: Educators who apply Voluntary. 5106, Attention: Sun Hoon Kim. for World Wise Schools. Burden on the Public THIS REGISTRATION FORM IS FOR THE Respondents Obligation to Reply: WORKSHOP ONLY. a. Annual reporting burden: 13,692. Voluntary. PLEASE MAKE HOTEL RESERVATIONS b. Annual record keeping burden: 0 SEPARATELY. Burden to the Public: hr. [FR Doc. 99–10191 Filed 4–22–99; 8:45 am] a. Annual reporting burden: 833 hours c. Estimated average burden per BILLING CODE 7590±01±P b. Annual recordkeeping burden: 250 response: 30 minutes. hours d. Frequency of response: one time. c. Estimated average burden per e. Estimated number of likely PEACE CORPS response: 3 min respondents: 27,384. d. Frequency of response: one time This notice is issued in Washington, Information Collection Requests Under DC on April 19, 1999. OMB Review e. Estimated number of likely respondents: 10,000 Dated: April 19, 1999. AGENCY: The Peace Corps. f. Estimated cost to respondents: Doug Greene, ACTION: Notice of public use form $4,466– Associate Director for Management. review request to the Office of This notice is issued in Washington, [FR Doc. 99–10226 Filed 4–22–99; 8:45 am] Management and Budget. DC, on April 23, 1999. BILLING CODE 6051±01±M

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OFFICE OF PERSONNEL FOR INFORMATION REGARDING SECURITIES AND EXCHANGE MANAGEMENT ADMINISTRATIVE COORDINATIONÐCONTACT: COMMISSION Phyllis R. Pinkney, Management Proposed Collection; Comment Analyst, Budget & Administrative Submission for OMB Review; Request for Review of a Revised Services Division, (202) 606–0623. Comment Request Information Collection: SF 2817 Office of Personnel Management. Upon Written Request, Copies Available AGENCY: Office of Personnel Janice R. Lachance, From: Securities and Exchange Management. Director. Commission, Office of Filings and ACTION: Notice. [FR Doc. 99–10132 Filed 4–22–99; 8:45 am] Information Services, Washington, DC BILLING CODE 6325±01±P 20549 SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. Extension: Rule 31a–2 [17 CFR 270.31a–2], SEC. File L. 104–13, May 22, 1995), this notice OFFICE OF PERSONNEL No. 270–174, OMB Control No. 3235– announces that the Office of Personnel MANAGEMENT 0179 Management (OPM) intends to submit to Notice is hereby given that pursuant the Office of Management and Budget a Submission for OMB Review; to the Paperwork Reduction Act of 1995 request for review of a revised Comment Request Review of an (44 U.S.C. 3501–3520) (‘‘Paperwork information collection. SF 2817, Life Expired Information Collection SF 15 Insurance Election, is used by Reduction Act’’), the Securities and employees to enroll in or change their AGENCY: Office of Personnel Exchange Commission (‘‘Commission’’) enrollment in the Federal Employees’ Management. has submitted to the Office of Group Life Insurance Program. The ACTION: Notice. Management and Budget (‘‘OMB’’) a Federal Employees Life Insurance request for extension and approval of SUMMARY: In accordance with the the collections of information discussed Improvement Act (Pub. L. 105–311), Paperwork Reduction Act of 1980 (title enacted on October 30, 1998, below. 44, U.S. Code, Chapter 35), this notice Section 31(a) of the Investment necessitated changes to the SF 2817. announces that the Office of Personnel That Act allowed employees to elect Company Act of 1940 [15 U.S.C. 80a] Management has submitted to the Office (‘‘Investment Company Act’’ or ‘‘Act’’) from one to five multiples of Option C— of Management and Budget a request for Family life insurance. In the past, requires registered investment extending the information collection companies (‘‘fund’’) and certain employees either had Option C or they form, Standard Form 15, Application for did not—there were no multiples to principal underwrites, broker-dealers, 10-Point Veteran Preference. OPM investment advisers and depositors of elect. examining offices and agency Approximately 100 forms are funds to maintain and preserve records appointing officials use the information 1 completed annually. Each form takes as prescribed by Commission rules. provided to adjudicate an individual’s approximately 15 minutes to complete. Rule 31a–1 specifies the books and claim for veterans’ preference in The annual estimated burden is 25 records for each of these entities must accordance with the Veteran Preference 2 hours. be maintained. Rule 31a–2, which the Comments are particularly invited on: Act of 1944. Commission adopted in 1944, specifies According to the General Services the time periods that entities must —Whether this collection of information Administration, 45,000 forms were used is necessary for the proper retain books and records required to be last year. Each form requires 3 performance of functions of the Office maintained under rule 31a–1. approximately 10 minutes to complete. Rule 31a–2 requires the following: of Personnel Management, and The annual burden is 7,500 hours. For (i) Every fund must preserve permanently, whether it will have practical utility; copies of this proposal, contact Mary —Whether our estimate of the public and in an easily accessible place for the first Beth Smith-Toomey on (202) 606–8358 burden of this collection is accurate, two years, all books and records required or e-mail to [email protected]. 4 and based on valid assumptions and under rule 31a–1(b)(1)–(4). DATES: Comments on this proposal (ii) Every fund must preserve for at least methodology; and six years, and in an easily accessible place for —Ways in which we can minimize the should be received on or before May 24, 1999. the first two years: (a) All books and records burden of the collection of required under rule 31a–1(b)(5)–(12); 5 (b) all information on those who are to ADDRESSES: Send or deliver written respond, through use of the comments to— 1 15 U.S.C. 80a–30(a)(1). appropriate technological collection Mary Lou Lindholm, Associate Director 2 17 CFR 270.31a–1. techniques or other forms of for Employment, U.S. Office of 3 17 CFR 270.31a–2. information technology. Personnel Management, 1900 E Street, 4 17 CFR 270.31a–1(b)(1)–(4). These include, NW, Room 6500, Washington, DC among other records, journals detailing daily For copies of this proposal, contact purchases and sales of securities or contracts to Mary Beth Smith-Toomey on (202) 606– 20415 purchase and sell securities, general and auxiliary 8358, or E-mail to [email protected]. and ledgers reflecting all asset, liability, reserve, capital, Joseph Lackey, OPM Desk Officer, DATES: Comments on this proposal income and expense accounts, separate ledgers or Office of Information & Regulatory records reflecting separately for each portfolio should be received on or before June 22, Affairs, Office of Management and security as of the trade date, all ‘‘long’’ and ‘‘short’’ 1999. positions carried by the fund for its own account, Budget, New Executive Office ADDRESSES: Send or deliver comments and corporate charters, certificates of incorporation, Building, NW, Room 10235, and by-laws. to Laura Lawrence, Senior Insurance Washington, DC 20503. 5 17 CFR 270.31a–1(b)(5)–(12). These include, Benefits Specialist, Insurance among other records, records of each brokerage Operations Division, Retirement and Office of Personnel Management. order given in connection with purchases and sales Insurance Service, U.S. Office of Janice R. Lachance, of securities by the fund, all other portfolio Director. purchases, records of all puts, calls, spreads, Personnel Management, 1900 E Street, straddles or other options in which the fund has an NW, Room 3415, Washington, DC [FR Doc. 99–10131 Filed 4–22–99; 8:45 am] interest, has granted, or has guaranteed, records of 20415. BILLING CODE 6325±01±P Continued

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The estimate certificates and all schedules that support the Act and the rules under the Act. is not derived from a comprehensive or each computation of net asset value of fund shares; and (c) any advertisement, pamphlet, Commission staff spend a significant even a representative survey or study of circular, form letter or other sales literature portion of their time in these the costs of Commission rules and addressed or intended for distribution to inspections reviewing the information forms. prospective investors. contained in the books and records Commission staff estimates the (iii) Every underwriter, broker or dealer required to be kept by rule 31a–1 and average cost of preserving books and that is a majority-owned subsidiary of a fund to be preserved by rule 31a–2. records required by rule 31a–2, to be must preserve records required to be The retention of records, as required approximately $.000018 per $1.00 of net preserved by brokers and dealers under rules by the rule, is necessary to insure that assets per year.7 Within the total net adopted under section 17 of the Securities the public has access to material assets of all funds at about $4.5 trillion,8 Exchange Act (‘‘section 17’’) for the periods the staff estimates compliance with rule established in those rules. business and financial information (iv) Every depositor of any fund, and every about issuers of securities and regulated 31a–2 costs the fund industry 9 principal underwriter of any fund other than entities. As noted above, the approximately $81 million per year. a closed-end fund, must preserve for at least Commission periodically inspects the Commission staff estimates, based on six years records required to be preserved by operations of funds to ensure they are in conversations with representatives of brokers and dealers under rules adopted compliance with the Act and the fund industry, that funds would under section 17 of the Exchange Act to the regulations under the Act. Due to the spend at least half of this amount ($40.5 extent the records are necessary or million) in any case to preserve the appropriate to record the entity’s transactions limits on the Commission’s resources, however, each fund may only be books and records that are necessary to with the fund. prepare financial statements, meet (v) Every investment adviser that is a inspected at intervals of several years. In majority-owned subsidiary of a fund must addition, under the federal securities various state reporting requirements, preserve the records required to be laws, there is no time limit on the and prepare their annual federal and maintained by investment advisers under prosecution of persons engaged in state income tax returns.10 rules adopted under section 204 of the certain types of conduct that violate the These estimates of average costs are Investment Advisers Act of 1940 (‘‘section securities laws. For these reasons, the made solely for the purposes of the 204’’) for the periods specified in those rules. Commission often needs information Paperwork Reduction Act. The estimate (vi) Every investment adviser that is not a is not derived from a comprehensive or majority-owned subsidiary of a fund must relating to events or transactions that occurred years ago. Without the even a representative survey or study of preserve for at least six years records the costs of Commission rules. An required to be maintained by registered requirement to preserve books, records investment advisers under rules adopted and other documents, the Commission agency may not conduct or sponsor, and under section 204 to the extent the records would have difficulty determining a person is not required to respond to, are necessary or appropriate to reflect the whether the fund was in compliance a collection of information unless it adviser’s transactions with the fund. with the law in such areas as valuation displays a currently valid OMB control Rule 31a–2 permits the organizations of its portfolio securities, computation number. Please direct general comments subject to the rule to reproduce and of the prices investors paid and, when regarding the above information to the preserve many records on photographic purchasing and selling fund shares, following persons: (i) Desk Officer for film (‘‘microfilm’’) or on magnetic tape, types and amounts of expenses the fund the Securities and Exchange disk, or other computer storage medium. incurred, kinds of investments the fund Commission, Office of Information and If one of these media is used by or on purchased, actions of affiliated persons, Regulatory Affairs, Office of behalf of a fund, the fund must: or whether the fund had engaged in any Management and Budget, 10102, New illegal or fraudulent activities. (i) Arrange the records and index and file Executive Office Building, Washington, the microfilm or computer storage medium in There are approximately 3,900 active investment companies registered with DC 20503; and (ii) Michael E. Bartell, a way that will permit immediate access and Associate Executive Director, Office of retrieval of any particular record; the Commission as of December 31, (ii) Be prepared to provide promptly a 1998, all of which are required to Information Technology, Securities and microfilm enlargement or computer printout, comply with rule 31a–2. Based on or other copy requested by Commission brokers, dealers, and depositors are addressed in conversations with representatives of the PRA submissions relating to the rules adopted representatives or the fund’s directors; the fund industry, Commission staff (iii) Store one copy separately from the under those sections. 7 original of the microfilm or computer record estimate that each fund spends The staff estimated the annual cost of preserving approximately 27.8 hours per year the required books and records by identifying the for the time required to store the original; annual costs by several funds and then relating this (iv) Maintain procedures for maintaining, complying with rule 31a–2, for a total total cost to the average net assets of these funds preserving, and providing access to records annual burden for the fund industry of during the year. stored on computer medium in order to approximately 108,420 hours.6 8 See Investment Company Institute, 1998 Mutual reasonably safeguard them from loss or Fund Fact Book, at 1. destruction; and 6 Commission staff surveyed several fund 9 This estimate is based on the annual cost per (v) At all times have microfilm available representatives to determine the current burden dollar of net assets of the average fund as applied for examination by Commission hour estimate. Although the Commission did not to the net assets of all funds. representatives or fund directors, and have change its collection of information requirements in 10 Several of the fund industry representatives available facilities for immediate, easily rule 31a–2, the fund representatives’ estimates surveyed indicated that the records required to be readable projection and production of easily reflect an annual increase of 12.4 hours per fund preserved and maintained by rule 31a–2 also are over the burden of 15.4 hours estimated in the 1995 required for accounting, tax return and state readable enlargements of microfilm records. PRA submission. The change in annual hours is reporting requirements. In the experience of two based upon an increase in the time each fund investment companies, the major portion of the proof of money balances in all ledger accounts, files spends complying with the rule. The burden hours cost, approximately 60 percent, is for labor related of all advisory material received from the associated with maintaining records under rules costs and approximately 40 percent is for storage investment adviser, and memoranda identifying adopted under section 204 of the Investment related costs, however these companies were not persons, committees or groups authorizing the Advisers Act for investment advisers and under able to allocate the percentage of costs specifically purchase or sale of securities for the fund. section 17 of the Exchange Act for underwriters, attributable to rent or equipment.

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Exchange Commission, Mail Stop 0–4, Under rulemaking authority under mechanism for fund boards to monitor 450 5th Street, NW Washington, DC section 10(f), the Commission adopted compliance with the rule, but also 20549. Comments must be submitted to rule 10f–3 in 1958 and last amended the because they permit the Commission to OMB within 30 days of this notice. rule in 1997. Rule 10f–3 currently review these materials during fund Dated: April 16, 1999. permits a fund to purchase securities in inspections, monitor developments under the rule, and consider whether to Margaret H. McFarland, a transaction that otherwise would violate section 10(f) if, among other take enforcement action in appropriate Deputy Secretary. things: cases. [FR Doc. 99–10194 Filed 4–22–99; 8:45 am] These estimates of average coats are (1) The securities either are registered BILLING CODE 8010±01±M under the Securities Act of 1933, are made solely for the purposes of the municipal securities with certain credit Paperwork Reduction Act. The estimate ratings, or are offered in certain private or is not derived from a comprehensive or SECURITIES AND EXCHANGE foreign offerings; even a representative survey or study of COMMISSION (2) The offering involves a ‘‘firm the costs of Commission rules. commitment’’ underwriting; The collection of information Submission for OMB Review; (3) The fund (together with other funds requirements (as well as other Comment Request advised by the same investment adviser) requirements) of rule 10f–3 are designed purchases no more than 25 percent of the Upon Written Request, Copies Available to assure that appropriate arrangements offering; are in place to confirm the From: Securities and Exchange (4) The fund purchases the securities from Commission, Office of Filings and a member of the syndicate other than the enforceability of the Act against the Information Services, 450 5th Street, affiliated underwriter; fund. The records required to be NW, Washington, DC 20549 (5) If the securities are municipal maintained are reviewed by the securities, the purchase is not a group sale; Commission in the course of its Extension: and Rule 10f–3 [17 CFR 270.10f–3], SEC File compliance and examination program, (6) The fund’s directors have approved No. 270–237, OMB Control No. 3235– and are used by fund directors to procedures for purchases made in reliance on 0226 evaluate procedures and transactions the rule and regularly review fund purchases executed pursuant to the rule. The rule Notice is hereby given that, pursuant to determine whether they comply with these does not impose any separate to the Paperwork Reduction Act of 1995 procedures. recordkeeping costs on funds because (44 U.S.C. 3501–3520), the Securities These limitations are designed to ensure the records required to be maintained and Exchange Commission that the purchases are not likely to raise already are required by section 31(a) of (‘‘Commission’’) has submitted to the the concerns that section 10(f) was the Act and rules 31a–1 and 31a–2. Office of Management and Budget enacted to address and are consistent From our review of Form N–SAR (‘‘OMB’’) a request for extension and with the protection of investors.4 filings, we estimate that 300 funds rely approval of the collections of Among other conditions to the on rule 10f–3 annually. We estimate that information discussed below. exemption, rule 10f–3 requires a fund’s the board of directors of each of those Section 10(f) of the Investment board of directors to approve procedures funds makes, on average, 1 response Company Act of 1940 [15 U.S.C. 80a– that would ensure compliance with the each year when it approves procedures 10(f)] (the ‘‘Act’’ or ‘‘Investment conditions of the rule and to approve required by the rule. We estimate Company Act’’) prohibits a registered changes to these procedures as further that the approval of such investment company (‘‘fund’’) from necessary. The board also must review procedures would take on average, 1 purchasing any security during an rule 10–f transactions on a quarterly hour of director time (at $500 per hour) underwriting or selling syndicate if the basis. The rule requires funds to report, and 0.5 hours of professional time (at fund has certain relationships with a on Form N–SAR, any transactions $150 per hour) for 70 funds that do not principal underwriter 1 for the security effected under the rule and to attach to purchase foreign or municipal (‘‘affiliated underwriter’’).2 Congress the report a written record of each securities, and 1.5 hours of director time enacted this provision in 1940 to protect transaction. The written record must and 0.5 hours of professional time for funds and their investors by preventing state (i) from whom the securities were 230 funds that invest in these securities. underwriters from ‘‘dumping’’ acquired, (ii) the identity of the Thus, Commission staff estimates that unmarketable securities on affiliated underwriting syndicate’s members, (iii) the total annual reporting burden of the funds.3 the terms of the transactions, and (iv) rule’s paperwork requirement is 565 the information or materials on which hours, at a total annual cost of 1 Principal underwriter is defined to mean (in the fund’s board of directors has $230,000.5 relevant part) an underwriter that, in connection with a primary distribution of securities, (A) is in determined that the purchases were The estimated burden hours are a privity of contract with the issuer or an affiliated made in compliance with procedures decrease from the current allocation of person of the issuer, (B) acting alone or in concert established by the board. In addition, a 670 hours. The decrease of 105 hours with one or more other persons, initiates or directs fund must retain written records of the reflects a decrease in the number of the formation of an underwriting syndicate, or (C) funds that have reported the purchase of is allowed a rate of gross commission, spread, or rule 10f–3 transactions and of the other profit greater than the rate allowed another quarterly transactional information securities in reliance on rule 10f–3. The underwriter participating in the distribution. 15 reviewed by the board for six years. 1996 proposal to eliminate the U.S.C. 80a–2(a)(29). These requirements are important not 2 Section 10(f) prohibits the purchase if a only because they provide a built-in 5 This estimate is equal to the number of funds principal underwriter of the security is an officer, that do not purchase foreign or municipal securities director, member of an advisory board, investment (70) multiplied by the estimated annual cost of adviser, or employee of the fund, or if any officer, 76th Cong., 3d Sess. 35 (1940) (statement of adopting or reviewing procedures for each fund director, member of an advisory board, investment Commissioner Healy). ((1×$500 + (0.5×$150) = $575) plus the number of adviser, or employee of the fund is affiliated with 4 See Exemption for the Acquisition of Securities funds that invest in foreign or municipal securities the principal underwriter. 15 U.S.C. 80a–10(f). During the Existence of An Underwriting or Selling (230) multiplied by the estimated annual cost of 3 See Investment Trusts and Investment Syndicate, Investment Company Act Release No. adopting or reviewing procedures for each fund Companies: Hearings on S. 3580 Before a Subcomm. 22775 (July 31, 1997) [62 FR 42401 (Aug. 7, 1997)] ((1.5 × $500) + (0.5×$150) = $825), for a total of of the Senate Comm. on Banking and Currency, (‘‘1997 Adopting Release’’). $230,000 ((70× $575) + (230 × $825) = $230,000).

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20030 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices requirements that funds report Dated: April 19, 1999. displays a currently valid control information about rule 10f–3 Margaret H. McFarland, number. transactions on Form N–SAR would not Deputy Secretary. Written comments regarding the have led to a decrease in the burden [FR Doc. 99–10195 Filed 4–22–99; 8:45 am] above information should be directed to hours reportable for rule 10f–3 because BILLING CODE 8010±01±M the following persons: (i) Desk Officer the hours associated with the reporting for the Securities and Exchange requirement are included in the burden Commission, Office of Information and hours reported for Form N–SAR. SECURITIES AND EXCHANGE Regulatory Affairs, Office of These estimates of average burden COMMISSION Management and Budget, Room 10102, hours are made solely for the purposes New Executive Office Building, of the Paperwork Reduction Act. The Submission for OMB Review; Washington, DC 20503; and (ii) Michael estimate is not derived from a Comment Request E. Bartell, Associate Executive Director, comprehensive or even a representative Office of Information Technology, Upon Written Request, Copies Available survey or study of Commission rules. Securities and Exchange Commission, From: Securities and Exchange 450 Fifth Street, NW, Washington, DC Commission staff estimates that there Commission, Office of Filings and is no cost burden for rule 10f–3 other 20549. Comments must be submitted to Information Services, Washington, DC the Office of Management and Budget than the $230,000 in annual costs 20549 associated with the respondent within 30 days of this notice. reporting burden. The procedures to be Extension: Dated: April 19, 1999. Rule 17a–3 [17 CFR 240.17a–3], SEC File developed and revised as necessary No. 270–026, OMB Control No. 3235– Margaret H. McFarland, require no start-up or capital costs. 0033 Deputy Secretary. Additionally, the development of and [FR Doc. 99–10196 Filed 4–22–99; 8:45 am] Notice is hereby given that pursuant occasional review of procedures would BILLING CODE 8010±01±M be part of customary and usual business to the Paperwork Reduction Act of 1995 practice to ensure compliance with (44 U.S.C. 3501 et seq.), the Securities applicable laws and regulations. and Exchange Commission SECURITIES AND EXCHANGE These estimates of average costs are (‘‘Commission’’) has submitted to the COMMISSION made solely for the purposes of the Office of Management and Budget Paperwork Reduction Act. The estimate (‘‘OMB’’) a request for extension of the Submission for OMB Review; is not derived from a comprehensive or previously approved collection of Comment Request information discussed below. even a representative survey or study of Upon Written Request, Copies Available the costs of Commission rules. Rule 17a–3 [17 CFR 240.17a–3] under the Securities Exchange Act of 1934 From: Securities and Exchange It is mandatory that funds provide the requires records to be made by certain Commission, Office of Filings and information required by rule 10f–3 to exchange members, brokers, and Information Services, 450 Fifth Street, obtain the benefit of the exemption dealers, to be used in monitoring NW, Washington, DC 20549 provided by the rule. compliance with the Commission’s Extension: The information required by rule 10f– financial responsibility program and [Rule 24 [17 CFR 250.24]; SEC File No. 3 that is reported on Form N–SAR is antifraud and antimanipulation rules as 270–129; OMB Control No. 3235–0126] public and therefore not confidential. well as other rules and regulations of Notice is hereby given that, pursuant The written record of the rule 10f–3 the Commission and the self-regulatory to the Paperwork Reduction Act of 1995 transactions, the quarterly transactional organizations. It is estimated that (44 U.S.C. 3501, et seq.), the Securities information reviewed by the board, and approximately 7,900 active broker- and Exchange Commission the written procedures that ensure dealer respondents registered with the (‘‘Commission’’) has submitted to the compliance with the rule, and any Commission incur an aggregate burden Office of Management and Budget modifications, are non-public and of 1,967,412 hours per year to comply (‘‘OMB’’) a request for an extension of therefore confidential. with this rule.1 the previously approved collection of An agency may not conduct or Rule 17a–3 does not contain record information discussed below. sponsor, and a person is not required to retention requirements. Compliance Rule 24 under the Public Utility respond to, a collection of information with the rule is mandatory. The Holding Company Act of 1935 (15 unless it displays a currently valid OMB required records are available only to U.S.C. Section 79a et seq.) (‘‘Act’’) control number. the examination staff of the Commission requires the filing with the Commission Please direct general comments and the self-regulatory organization of of certain information indicating that an regarding the above information to the which the broker-dealer is a member. authorized transaction has been carried following persons: (i) Desk Officer for An agency may not conduct or sponsor, out in accordance with the terms and the Securities and Exchange and a person is not required to respond conditions of the Commission order Commission, Office of Information and to, a collection of information unless it authorizing the transaction. The Regulatory Affairs, Office of Commission needs the information Management and Budget, Room 10102, 1 The Commission has increased its estimated under rule 24 to ensure that the terms New Executive Office Building, number of active broker-dealers to 7,900 from the and conditions of its orders are being Washington, DC 20503; and (ii) Michael 7,769 that was included in the 60-day notice for the complied with, and the Commission extension request. 64 FR 7915 (Feb. 17, 1999). In E. Bartell, Associate Executive Director, addition, the number of burden hours listed above uses the information to ensure Office of Information Technology, reflects an adjustment for the increase in broker- appropriate compliance with the Act. Securities and Exchange Commission, dealers and an additional 312 hours required for The respondents are comprised of two Mail Stop 0–4, 450 5th Street, NW, OTC derivative dealers as discussed in Exchange groups of entities: (a) Registered holding Act Rel. No. 39455 (Dec. 17, 1997), which was Washington, DC 20549. Comments must inadvertently omitted from the 1,934,481 hours companies under the Act and their be submitted to OMB within 30 days of included in the 60-day notice for the extension direct and indirect subsidiaries and this notice. request. affiliates; and (b) holding companies

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20031 exempt from the provisions of the Act companies to invest uninvested cash in Act as open-end management by rule or order from all provisions of affiliated money market funds. investment companies and organized as the Act except section 9(a)(2). It is APPLICANTS: INVESCO Bond Funds, Inc., Maryland corporations. INVESCO estimated that the total number of INVESCO Combination Stock and Bond Treasurer’s Series Trust and INVESCO respondents is 134, and the average Funds, Inc., INVESCO Diversified Value Trust are registered under the Act number of responses per respondent is Funds, Inc., INVESCO Emerging as open-end management investment 2.4 responses annually. The Opportunity Funds, Inc., INVESCO companies and organized as Commission estimates that the total Global Health Sciences Fund, INVESCO Massachusetts business trusts. annual reporting burden under rule 24 Growth Funds, Inc., INVESCO INVESCO Global Health Sciences Fund is 636 hours (e.g., 318 filings × 2 hours Industrial Income Fund, Inc., INVESCO is registered under the Act as a closed- = 636 burden hours). International Funds, Inc., INVESCO end management investment company These estimates of average burden Sector Funds, Inc., INVESCO Specialty and organized as a Massachusetts hours are made solely for the purposes Funds, Inc., INVESCO Stock Funds, business trust. INVESCO, a wholly- of the Paperwork Reduction Act and are Inc., INVESCO Tax-Free Income Funds, owned subsidiary of AMVESCAP PLC, not derived from a comprehensive or Inc., INVESCO Treasurer’s Series Trust, is registered under the Investment even a representative survey or study of INVESCO Value Trust, INVESCO Advisers Act of 1940 and serves as the the costs of SEC rules and forms. There Variable Investment Funds, Inc., investment adviser for each of the is no requirement to keep the INVESCO Money Market Funds, Inc. Funds. Applicants also request relief for information in the forms confidential (collectively, the ‘‘Funds’’), and any other registered management because it is public information. INVESCO Funds Group, Inc. investment company or series thereof General comments regarding the (‘‘INVESCO’’). that is currently, or in the future above information should be directed to FILING DATES: The application was filed becomes, advised by INVESCO or an the following persons: (i) Desk officer on November 13, 1998, and amended on entity controlling, controlled by, or for the Securities and Exchanger April 4, 1999. Applicants have agreed to under common control with INVESCO Commission Office of Information and file an amendment during the notice (INVESCO and all such entities, Regulatory Affairs, Office of period, the substance of which is collectively, ‘‘INVESCO’’).1 Management and Budget, New reflected in this notice. 2. Each Fund has, or may be expected to have, uninvested cash (‘‘Uninvested Executive Office Building, Washington, HEARING OR NOTIFICATION OF HEARING: An Cash’’) held by its custodian. DC 20503; and (ii) Michael E. Bartell, order granting the application will be Uninvested Cash may result from a Associate Executive Director, Office of issued unless the Commission orders a variety of sources, including dividends Information Technology, Securities and hearing. Interested persons may request or interest received on portfolio Exchange Commission, 450 Fifth Street, a hearing by writing to the securities, unsettled securities NW., Washington, DC 20549. Comments Commission’s Secretary and serving transactions, reserves held for must be submitted to OMB within 30 applicants with a copy of the request, investment strategy purposes, scheduled days of this notice. personally or by mail. Hearing requests maturity of investments, liquidation of should be received by the Commission Dated: April 19, 1999. investment securities to meet by 5:30 p.m. on May 11, 1999, and Margaret H. McFarland, anticipated redemptions, dividend should be accompanied by proof of Deputy Secretary. payments, or new monies received from service on applicants, in the form of an investors. Currently, the Funds can [FR Doc. 99–10197 Filed 4–22–99; 8:45 am] affidavit or, for lawyers, a certificate of invest Uninvested Cash directly in BILLING CODE 8010±01±M service. Hearing requests should state money market instruments. The policies the nature of the writer’s interest, the of certain Funds permit them to reason for the request, and the issues SECURITIES AND EXCHANGE purchase shares of a money market contested. Persons who wish to be COMMISSION fund. The trustees and directors of the notified of a hearing may request Funds that have investment restrictions notification by writing to the currently prohibiting the investment in [Investment Company Act Release No. Commission’s Secretary. 23788; 812±11398] shares of other open-end management ADDRESSES: Secretary, Commission, 450 investment companies have determined INVESCO Bond Funds, Inc., et al.; Fifth Street, NW, Washington, DC that such policies should be changed to Notice of Application 20549–0609. Applicants, 7800 East permit such investments and plan to Union Avenue, Denver, Colorado 80237. recommend to shareholders the April 16, 1999. FOR FURTHER INFORMATION CONTACT: adoption of such policies. AGENCY: Securities and Exchange Lawrence W. Pisto, Senior Counsel, at 3. Applicants request relief to permit Commission (‘‘Commission’’). (202) 942–0527, or George J. Zornada, Funds that are not money market funds ACTION: Notice of an application for an Branch Chief, at (202) 942–0564, Office (the ‘‘Investing Funds’’) to invest their order under section 12(d)(1)(J) of the of Investment Company Regulation, Uninvested Cash in one of more series Investment Company Act of 1940 Division of Investment Management. of INVESCO Money Market Funds, Inc. (‘‘Act’’) for an exemption from sections SUPPLEMENTARY INFORMATION: The or any other money market series of any 12(d)(1)(A) and (B) of the Act, under following is a summary of the of the Funds (collectively, the ‘‘Money sections 6(c) and 17(b) of the Act for an application. The complete application Market Funds’’) and the Money Market exemption from section 17(a) of the Act, may be obtained for a fee at the Funds to sell to and purchase shares and under section 17(d) of the Act and Commission’s Public Reference Branch, from the Investing Funds. The Money rule 17d–1 under the Act to permit 450 Fifth Street, NW, Washington, DC certain joint transactions. 20549–0102, (tel. (202) 942–8090). 1 All investment companies that currently intend to rely on the order have been named as applicants. SUMMARY OF APPLICATION: Applicants’ Representatives Any other existing or future registered management Applicants investment company that relies on the order will request an order to permit certain 1. The Funds, with the exceptions comply with the terms and conditions of the registered management investment noted below, are registered under the application.

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Market Funds are subject to rule 2a–7 distribution fee or service fee. In Applicants state that the relief requested under the Act. Any investment by an addition, the board of director or is fair and reasonable and would not Investing Funds of Uninvested Cash in trustees of each Investing Fund (the involve overreaching because shares of shares of the Money Market Funds will ‘‘Board’’), including a majority of the the Money Market Funds will be sold be in accordance with each Investing directors or trustees who are not and redeemed at their net asset values, Fund’s investment restrictions and will ‘‘interested persons’’ of the Fund, as the same consideration paid and be consistent with each Investing defined in Section 2(a)(19) of the Act, received by any other shareholder. In Fund’s policies. Applicants believe that (‘‘Independent Directors or Trustees’’) addition, the Investing Funds will retain the proposed investments may reduce will consider to what extent the their ability to invest their cash balances transaction costs, create more liquidity, advisory fees charged by INVESCO directly into money market instruments increase returns, and further diversify should be reduced to account for if they believe that they can obtain a holdings. reduced services provided such higher return or any other reason. Any Investing Fund by INVESCO as a result Money Market Fund has the right to Applicants’ Legal Analysis of Uninvested Cash being invested in a discontinue selling shares to any of the 1. Section 12(d)(1)(A) of the Act Money Market Fund. Investing Funds if its Board determines provides that no registered investment 4. Section 17(a) of the Act makes it that such sales would adversely affect company may acquire securities of unlawful for any affiliated person of a the portfolio management and another investment company if such registered investment company, acting operations of the Money Market Fund. securities represent more than 3% of the as principal, to sell or purchase any 7. Section 17(d) of the Act and rule acquired company’s outstanding voting security to or from the company. 17d–1 under the Act prohibit an stock, more than 5% of the acquiring Section 2(a)(3) of the Act defines an affiliated person of an investment company’s total assets, or if such ‘‘affiliated person’’ of an investment company, acting as principal, from securities, together with the securities of company to include the investment participating in or effecting any other investment companies, represent adviser, any person that owns 5% or transaction in connection with any joint more than 10% of the acquiring more of the outstanding shares of that enterprise or joint arrangement in which company’s total assets. Section company, and any person directly or the investment company participates. 12(d)(1)(B) of the Act provides that no indirectly controlling, controlled by, or Applicants state that each Investing registered open-end investment under common control with the Fund, by purchasing shares of the company may sell its securities to investment company. Applicants state Money Market Funds, and INVESCO, by another investment company if the sale that, because the Funds have a common managing the assets of the Investing will cause the acquiring company to investment adviser and identical Funds invested in the Money Market own more than 3% of the acquired Boards, each Fund may be deemed to be Funds, could be participants in a joint company’s voting stock, or if the sale under common control with the other enterprise within the meaning of section will cause more than 10% of the Funds and could be deemed an 17(d)(1) of the Act and rule 17d–1 under acquired company’s stock to be owned affiliated person or an affiliated person the Act. by investment companies. of an affiliated person of each other 8. Rule 17d–1 under the Act permits 2. Section 12(d)(1)(J) of the Act Fund. In addition, applicants state that the Commission to approve a joint provides that the Commission may a Fund could become an affiliated transaction covered by the terms of exempt persons or transactions from any person of a Money Market Fund by section 17(d) of the Act. In determining provision of section 12(d)(1) of the Act, owning more than 5% of a Money whether to approve a transaction, the and to the extent that, the exemption is Market Fund. Accordingly, applicants Commission considers whether the consistent with the public interest and state that the sale of shares of the Money proposed transaction is consistent with the protection of investors. Applicants Market Funds to the Investing Funds, the provisions, policies, and purposes of request relief under section 12(d)(1)(J) of and the redemption of such shares by the Act, and the extent to which the the Act from the limitations of sections the Funds, may be prohibited under participation of the investment 12(d)(1)(A) and (B) of the Act to permit section 17(a) of the Act. companies is on a basis different from an Investing Fund to invest its 5. Section 17(b) of the Act authorizes or less advantageous than that of the Uninvested Cash in Money Market the Commission to exempt a transaction other participants. Applicants submit Funds, provided that in all cases the from section 17(a) of the Act if the terms that the Funds will participate in the Investing Fund’s aggregate investment of the proposed transaction, including proposed transactions on a basis not of uninvested Cash in shares of the the consideration to be paid or received, different from or less advantageous than Money Market Funds will not exceed are fair and reasonable and do not that of any other participants. 25% of the Investing Fund’s total assets involve overreaching on the part of any Applicants submit that the Funds will at any time. person concerned, the proposed participate in the proposed transaction 3. Applicants believe that the transaction is consistent with the policy on a basis not different from or less proposed arrangement does not result in of each investment company concerned, advantages than that of any other the abuses that sections 12(d)(1)(A) and and with the general purposes of the participant and that the transactions (B) were intended to prevent. Act. Section 6(c) of the Act permits the will be consistent with the Act. Applicants state that the Money Market Commission to exempt persons or Funds will have a highly liquid transactions from any provision of the Applicants’ Conditions portfolio, and will enhance the Act if, and to the extent that, the Applicants agree that any order Investing Funds’ ability to manage exemption is necessary or appropriate granting the requested relief will be Uninvested Cash. Applicants also in the public interest and is consistent subject to the following conditions: represent that the proposed arrangement with the protection of investors and the 1. Shares of the Money Market Funds will not result in an inappropriate purposes fairly intended by the policy sold to and redeemed by the Investing layering of fees because shares of the and provisions of the Act. Funds will not be subject to a sales load, Money Market Funds sold to the 6. Applicants submit that the request redemption fee, distribution fee under a Investing Funds will not be subject to a for relief satisfies the standards of plan adopted in accordance with rule sales load, redemption fee, asset-based sections 17(b) and 6(c) of the Act. 12b–1 under the Act, or service fee (as

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20033 defined in rule 2830 of the NASD’s SECURITIES AND EXCHANGE 450 Fifth Street, NW, Washington, DC Conduct Rules). COMMISSION 20549–0102 (tel. 202–942–8090). 2. Before the next meeting of an [Investment Company Act Release No. Applicants’ Representations Investing Fund’s Board held for the 23790; 812±11492] 1. Each Fund is registered under the purpose of voting on an advisory Act as an open-end management contract under section 15 of the Act, MFS Series Trust XI, et al.; Notice of Application investment company, and organized as INVESCO will provide the Board with a Massachusetts business trust. MFS, a specific information regarding the April 19, 1999. Delaware corporation, serves as approximate cost to INVESCO of, or AGENCY: Securities and Exchange investment adviser to one series of MFS portion of the advisory fee under the Commission (‘‘Commission’’). Series Trust XI and to each of the series existing advisory contract attributable ACTION: Notice of an application under of MFS Institutional Trust and MFS to, managing the Uninvested Cash of sections 6(c) and 17(b) of the Investment Variable Insurance Trust. Vertex, a such Investing Fund that can be Company Act of 1940 (the ‘‘Act’’) for an Delaware corporation and a wholly- expected to be invested in the Money exemption from section 17(a) of the Act. owned subsidiary of MFS, serves as investment adviser to the other series of Market Funds. Before approving any SUMMARY OF APPLICATION: Applicants MFS Series Trust XI. Each of the advisory contract for an Investing Fund, seek an order to permit in-kind the Board, including a majority of the Advisers is registered as an investment redemptions of shares of certain adviser under the Investment Advisers Independent Directors or Trustees, shall registered open-end management consider to what extent, if any, the Act of 1940. investment companies held by certain 2. Applicants request relief to permit advisory fees charged to the Investing affiliated shareholders. Fund by INVESCO should be reduced to the Funds to satisfy redemption requests APPLICANTS: MFS Series Trust XI, MFS made by any shareholder of a Fund account for the reduced services Institutional Trust and MFS Variable who, at the time of such redemption provided to the Investing Fund by Insurance Trust (each a ‘‘Fund’’ and requests, is an ‘‘affiliated person’’ of a INVESCO as a result of Uninvested Cash collectively, the ‘‘Funds’’) and Fund solely by reason of owning, being invested in the Money Market Massachusetts Financial Services controlling, or holding with the power Funds. An Investing Fund’s minute Company (‘‘MFS’’) and Vertex to vote, five percent or more of the books will record fully the Board’s Investment Management, Inc. (‘‘Vertex,’’ Fund’s shares (‘‘Covered Shareholder’’) consideration in approving the advisory and together with MFS, the ‘‘Advisers’’). by distributing portfolio securities in- contract, including the considerations FILING DATES: The application was filed kind. The relief sought would not relating to fees referred to above. on February 1, 1999, and amended on extend to shareholders who are 3. Each of the Investing Funds will be April 1, 1999. ‘‘affiliated persons’’ of a Fund within permitted to invest Uninvested Cash in, HEARING OR NOTIFICATION OF HEARING: An the meaning of sections 2(a)(3)(B) and hold shares of, a Money Market order granting the requested relief will through (F) of the Act. Fund only to the extent that the be issued unless the Commission orders 3. Each Fund’s prospectus and Investing Fund’s aggregate investment a hearing. Interested persons may statement of additional information in the Money Market Funds does not request a hearing by writing to the provide that, in limited circumstances, exceed 25% of the Investing Fund’s Commission’s Secretary and serving the Fund may satisfy all or part of a total assets. For purposes of this applicants with a copy of the request, redemption request by a distribution in- limitation, each Investing Fund or series personally or by mail. Hearing requests kind of portfolio securities. The boards thereof will be treated as a separate should be received by the Commission of trustees of the Funds (‘‘Boards’’) including a majority of the trustees who investment company. by 5:30 p.m. on May 14, 1999, and should be accompanied by proof of are not ‘‘interested persons’’ as defined 4. Investment in shares of the Money service on applicants, in the form of an in section 2(a)(19) of the Act (‘‘Non- Market Funds will be in accordance affidavit or, for lawyers, a certificate of Interested Trustees’’), have determined with each Investing Fund’s respective service. Hearing requests should state that it would be in the best interests of investment restrictions and will be the nature of the writer’s interest, the the Funds and their shareholders to pay consistent with each Investing Fund’s reason for the request, and the issues to a Covered Shareholder the policies as set forth in its prospectus contested. Persons who wish to be redemption price for shares of the and statement of additional information. notified of a hearing may request Funds in-kind to the extent permitted 5. Each Investing Fund, Money notification by writing to the by certain Funds’ elections to be Market Fund, and any future Fund that Commission’s Secretary. governed by rule 18f–1 under the Act. may rely on the order requested will be ADDRESSES: Secretary, Commission, 450 Applicants’ Legal Analysis advised by INVESCO. Fifth Street, NW, Washington, DC 1. Section 17(a)(2) of the Act generally 6. No Money Market Fund will 20549–0609. Applicants, Massachusetts prohibits an affiliated person of a acquire securities of any other Financial Services Company, 500 registered investment company, or an investment company in excess of the Boylston Street, Boston, MA 02116. affiliated person of such person, acting limits contained in section 12(d)(1)(A) FOR FURTHER INFORMATION CONTACT: as principal, from knowingly of the Act. George J. Zornada, Branch Chief, at purchasing any security or other (202) 942–0564 (Office of Investment For the Commission, by the Division of property (except securities of which the Company Regulation, Division of seller is the issuer) from the registered Investment Management, pursuant to Investment Management). delegated authority. investment company. Section 2(a)(3)(A) SUPPLEMENTARY INFORMATION: The of the Act defines ‘‘affiliated person’’ of Jonathan G. Katz, following is a summary of the another person to include any person Secretary. application. The complete application owning 5% or more of the outstanding [FR Doc. 99–10139 Filed 4–22–99; 8:45 am] may be obtained for a fee at the voting securities of the other person. BILLING CODE 8010±01±M Commission’s Public Reference Branch, Applicants state that to the extent that

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20034 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices an in-kind redemption could be deemed Applicants’ Conditions make and approve such changes as it to involve the purchase of portfolio Applicants agree that any order of the deems necessary in the procedures for securities (of which the Fund is not the Commission granting the requested monitoring the Funds’ compliance with issuer) by a Covered Shareholder, the relief will be subject to the following the terms and conditions of this proposed redemptions in-kind would be conditions: application. prohibited by section 17(a)(2). 1. The securities distributed pursuant 5. The Funds will maintain and 2. Section 17(b) of the Act provides to a redemption in-kind (the ‘‘In-Kind preserve for a period of not less than six that, notwithstanding section 17(a) of Securities’’) will be limited to securities years from the end of the fiscal year in the Act, the Commission shall exempt a that are traded on a public securities which a proposed in-kind redemption proposed transaction from section 17(a) market or for which market quotations occurs, the first two years in an easily of the Act if evidence establishes that: are available. accessible place, a written record of (a) The terms of the proposed 2. The in-Kind Securities will be such redemption setting forth a description of each security distributed transaction are reasonable and fair and distributed by each Fund on a pro rata in-kind, the identity of the Covered do not involve overreaching; (b) the basis after excluding (a) Securities Shareholder, the terms of the in-kind proposed transaction is consistent with which may not be publicly offered or distribution and the information or the policy of each registered investment sold without registration under the materials upon which the valuation was company involved; and (c) the proposed Securities Act of 1933; (b) securities made. transaction is consistent with the issued by entities in countries which (i) general purposes of the Act. restrict or prohibit the holding of For the Commission, by the Division of securities by non-nationals other than Investment Management, under delegated 3. Section 6(c) of the Act provides that through qualified investment vehicles, authority. the Commission may exempt any such as the Funds or (ii) permit transfers Margaret H. McFarland, person, security or transaction, or any of ownership of securities to be effected Deputy Secretary. class or classes of persons, securities or only by transactions conducted on a [FR Doc. 99–10138 Filed 4–22–99; 8:45 am] transactions, from the provisions of the local stock exchange; (c) certain BILLING CODE 8010±01±M Act, to the extent that such exemption portfolio positions (such as forward is necessary or appropriate in the public foreign currency contracts, futures and interest and consistent with the options contracts, swap transactions and SECURITIES AND EXCHANGE protection of investors and the purposes repurchase agreements) that, although COMMISSION fairly intended by the policy and they may be liquid and marketable, provisions of the Act. involve the assumption of contractual [Release No. 34±41305; File No. SR±DTC± 4. Applicants request an order under obligations, require special trading 99±08] sections 6(c) and 17(b) of the Act facilities or can only be traded with the exempting applicants from section 17(a) counterparty to the transaction to effect Self-Regulatory Organizations; The of the Act to permit Covered a change in beneficial ownership; (d) Depository Trust Company; Notice of Shareholders to redeem their shares of cash equivalents (such as certificates of Filing of Proposed Rule Change the Funds in-kind. The requested order deposit, commercial paper and Relating to Amendments to its would not apply to redemptions by repurchase agreements); and (e) other Organization Certificate and By-Laws assets which are not readily shareholders who are affiliated persons April 16, 1999. of a Fund within the meaning of distributable (including receivables and Pursuant to Section 19(b)(1) of the sections 2(a)(3)(B) through (7) of the prepaid expenses). In addition, portfolio Securities Exchange Act of 1934 Act. securities representing fractional shares, odd lot securities and accruals on such (‘‘Act’’),1 notice is hereby given that on 5. Applicants submit that the terms of securities may be excluded from March 18, 1999, The Depository Trust the proposed in-kind redemptions by portfolio securities distributed in-kind Company (‘‘DTC’’) filed with the Covered Shareholders meet the to a Covered Shareholder. Cash will be Securities and Exchange Commission standards set forth in sections 6(c) and paid for the portion of the in-kind (‘‘Commission’’) and on April 12, 1999, 17(b) of the Act. Applicants assert that distribution represented by the amended the proposed rule change (File neither the Fund nor the Covered excluded assets set forth above, less No. SR–DTC–99–08) as described in Shareholder will have any choice as to liabilities (including accounts payable). Items I, II, and III below, which items the type of consideration to be received 3. The In-Kind Securities distributed have been prepared primarily by DTC. in connection with a redemption to the Covered shareholders will be The Commission is publishing this request, and neither the Adviser nor the valued in the same manner as they notice to solicit comments from Covered Shareholder will have any would be valued for purposes of interested persons. opportunity to select the specific computing each Fund’s net asset value. portfolio securities to be distributed. I. Self-Regulatory Organization’s 4. The Funds’ Boards, including a Statement of the Terms of Substance of Applicants further state that the majority of the Non-Interested Trustees, the Proposed Rule Change portfolio securities to be distributed will will determine no less frequently than be valued according to an objective, annually: (a) Whether the In-Kind Under the proposed rule change, DTC verifiable standards and that the in-kind Securities, if any, have been distributed will amend its Organization Certificate redemptions are consistent with the in accordance with conditions 1 and 2; and By-Laws: (1) to increase the size of investment policies of the Fund. (b) whether the In-Kind Securities, if its Board of Directors, (2) to redesignate Applicants also state that the proposed any, have been valued in accordance its capital stock, and (3) to modernize its in-kind redemption are consistent with with condition 3; and (c) whether the Certificate of Organization. The the general purposes of the Act because distribution of any such In-Kind amendments are subject to stockholder the Covered Shareholders would not Securities is consistent with the policies approval. DTC anticipates implementing receive any advantage not available to of each effected Fund as reflected in the other redeeming shareholders. prospectus. In addition, the Board will 1 15 U.S.C. 78s(b)(1).

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20035 the proposed rule change on June 15, DTC’s Organization Certificate and safeguarding of securities and funds in 1999. By-Laws currently provide for the DTC’s custody or control or for which number of directors of the Board to be it is responsible. II. Self-Regulatory Organization’s not less than five nor more than twenty. Statement of the Purpose of, and (B) Self-Regulatory Organization’s In order to accommodate the number of Statutory Basis for, the Proposed Rule directors resulting from the Statement on Burden on Competition Change consolidation plan described above and DTC does not believe that the In its filing with the Commission, in order to provide for a possible limited proposed rule change will impose any DTC included statements concerning future expansion of the Board, burden on competition not necessary or the purpose of and basis for the paragraph ‘‘SEVENTH’’ of the appropriate in furtherance of the proposed rule change and discussed any Organization Certificate (which after purposes of the Act. comments it received on the proposed elimination of paragraph ‘‘FOURTH,’’ as (C) Self-Regulatory Organization’s described below, will become paragraph rule change. The text of these statements Statement on Comments on the ‘‘SIXTH’’) and Article II, Section 2.1 of may be examined at the places specified Proposed Rule Change Received from the By-Laws will be amended to provide in Item IV below. DTC has prepared Members, Participants or Others summaries, set forth in sections (A), (B), that the number of directors be not less Written comments from DTC and (C) below, of the most significant than seven nor more than twenty-five. Participants have not been solicited or aspects of such statements.2 Section 2.1 of the By-Laws will also be amended to set the number of directors received on the proposed rule change. (A) Self-Regulatory Organization’s at twenty-five. III. Date of Effectiveness of the Statement of the Purpose of, and Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule 2. Redesignating DTC’s Capital Stock Commission Action Change DTC’s Organization Certificate currently limits DTC to only one class Within thirty-five days of the date of Under the proposed rule change, of stock, 18,500 shares of capital stock publication of this notice in the Federal DTC’s Organization Certificate and By- having a par value of $100,000 per Register or within such longer period: Laws will be amended as follows: share. All of this stock is issued and (i) As the Commission may designate up 1. Increasing the Number of Board outstanding. The Board of Directors may to ninety days of such date if it finds Directors in the future wish to consider such longer period to be appropriate authorizing the issuance of preferred and publishes its reasons for so finding, The Board of Directors of DTC has stock, for example, as part of DTC’s or (ii) as to which DTC consents, the unanimously determined to proceed program to strengthen capital. Commission will: with a plan for the integration over time Therefore, paragraph ‘‘THIRD’’ will be (A) by order approve such proposed of DTC with the National Securities amended and paragraph ‘‘FOURTH’’ rule change, or Clearing Corporation (‘‘NSCC’’), and will be eliminated in order to designate (B) institute proceedings to determine DTC has been advised that NSCC has the existing class of capital stock as whether the proposed rule change taken similar action. An initial step in ‘‘common stock’’ and to provide for should be disapproved. this plan is to propose the reelection by 1,500,000 shares of preferred stock IV. Solicitation of Comments shareholders of DTC at this year’s having a par value of $100,000 per annual meeting and the reelection by share. Interested persons are invited to the shareholders of NSCC at its annual submit written data, views, and meeting in June of the two entities’ 3. Modernizing the Organization arguments concerning the foregoing, current Boards of Directors. Assuming DTC’s Organization Certificate was including whether the proposed rule there is no objection by DTC’s and originally drafted in 1973. Provisions of change is consistent with the Act. NSCC’s regulators, the two current the Organization Certificate relating to Persons making written submissions Boards will then be restructured so that DTC’s powers refer both explicitly and should file six copies thereof with the one group of individuals will serve as implicitly to New York State Statutory Secretary, Securities and Exchange the Board of Directors for each of the provisions that are no longer applicable. Commission, 450 Fifth Street, N.W., two companies. Since simply adding The Organization Certificate also fails to Washington, D.C. 20549. Copies of the DTC’s current Board to NSCC’s current recognize DTC’s status as a securities submission, all subsequent Board to achieve uniform Boards would depository registered with the SEC amendments, all written statements result in certain user and marketplace (registration was required by federal law with respect to the proposed rule organizations having more than one enacted two years later in 1975) and to change that are filed with the representative on the uniform Boards, describe more clearly powers incidental Commission, and all written each organization represented will be to DTC’s role as a securities depository. communications relating to the asked to select only one representative. Accordingly, paragraph proposed rule change between the Through this process and with the ‘‘THIRTEENTH’’ (which after Commission and any person, other than inclusion of DTC and NSCC elimination of paragraph ‘‘FOURTH,’’ as those that may be withheld from the management director, the Board of described above, will become paragraph public in accordance with the Directors for each company will be ‘‘TWELFTH’’) will be amended to provisions of 5 U.S.C. 552, will be comprised of twenty-seven people.3 correct these deficiencies. available for inspection and copying in DTC believes that the proposed rule the Commission’s Public Reference 2 The Commission has modified the text of the change is consistent with the Section, 450 Fifth Street, N.W., summaries prepared by DTC. requirements of Section 17A(b)(3)(a) of Washington, D.C. 20549. Copies of such 3 Under the Federal Reserve Act, DTC’s may have the Act 4 and the rules and regulations filing also will be available for no more than twenty-five members on its Board. As thereunder applicable to DTC. The inspection and copying at the principal a result, after the uniform Boards are elected DTC’s Board will have twenty-five members and two non- proposed rule change will not affect the office of DTC. All submissions should voting advisors, and NSCC’s board will have refer to File No. SR–DTC–99–08 and twenty-seven members. 4 15 U.S.C. 78q–1(b)(3)(A). should be submitted by May 14, 1999.

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For the Commission by the Division of process in NASD-sponsored securities by the parties within the time frames set forth Market Regulation, pursuant to delegated arbitrations. Below is the text of the below. authority.5 proposed rule change which would The arbitrators and parties also should Margaret H. McFarland, create the Discovery Guide and consider the additional documents identified Deputy Secretary. Document Production Lists. in Document Production Lists 3 through 14, [FR Doc. 99–10199 Filed 4–22–99; 8:45 am] * * * * * respectively, discoverable, as indicated, for BILLING CODE 8010±01±M cases alleging the following causes of action: Discovery Guide churning, failure to supervise For NASD arbitrations, the Discovery misrepresentation/omission, negligence/ SECURITIES AND EXCHANGE Guide supplements the section in The breach of fiduciary duty, unauthorized COMMISSION Securities Industry Conference on Arbitration trading, and unsuitability. For the general (‘‘SICA’’) publication entitled ‘‘The document production and for each of these [Release No. 34±41302; File No. SR±NASD± Arbitrator’s Manual,’’ and captioned causes of action, there are separate Document 99±07] ‘‘Prehearing Conference,’’ found on pages 11 Production Lists for firms/Associated through 16, regarding public customer cases. Self-Regulatory Organizations; Notice Person(s) and for customers. of Filing of Proposed Rule Change by I. The Need for New Discovery Procedures NASD Rule 10321 provides that the parties the National Association of Securities Discovery disputes have become more shall cooperate to the fullest extent Dealers, Inc. Creating a Discovery numerous and time consuming. The same practicable in the voluntary exchange of Guide for Use in NASD Arbitrations discovery issues repeatedly arise. To documents and information to expedite the minimize discovery disruptions, the NASD arbitration process. As noted, nothing in the April 16, 1999. Regulation Office of Dispute Resolution has Discovery Guide precludes parties from Pursuant to Section 19(b)(1) of the developed too initiatives to standardize the voluntarily agreeing to an exchange of Securities Exchange Act of 1934 discovery process: early appointment of documents in a manner different from that (‘‘Act’’) 1 and Rule 19b-4 thereunder,2 arbitrators to conduct an initial prehearing set forth in the Discovery Guide. notice is hereby given that on January conference and document production lists 29, 1999, the National Association of (‘‘Document Production Lists’’). A. Time Frames for Document No requirement under the Discovery Guide Production and Objections Securities Dealers, Inc. (‘‘NASD’’ or supersedes any record retention requirement ‘‘Association’’), through its wholly of any federal or state law or regulation or The parties should produce all owned subsidiary NASD Regulation, any rule of a self-regulatory organization. required documents listed in the Inc. (‘‘NASD Regulation’’), filed with the The Discovery Guide and Document applicable Document Production Lists Securities and Exchange Commission Production Lists are designed for customer not later than thirty days 6 from the date disputes with firms and Associated (‘‘Commission’’) the proposed rule the answer is due or filed, whichever is change as described in Items I, II, and Person(s) 5 The Discovery Guide also discusses additional discovery requests, earlier. If a party redacts any portion of III below, which Items have been a document prior to production, the prepared by NASD Regulation. On information requests, depositions, admissibility of evidence, and sanctions. redacted pages (or ranges of pages) shall March 23, 1999, NASD Regulation The Discovery Guide, including the be labeled ‘‘redacted.’’ A party may submitted Amendment No 1 to the Document Production Lists, will function as object to the production of any proposed rule change.3 NASD a guide for the parties and the arbitrators; it document, which would include an Regulation submitted Amendment No. 2 is not intended to remove flexibility from objection based upon an established to the proposed rule change on April 9, arbitrators or parties in a given case. For privilege such as the attorney-client 1999.4 The Commission is publishing instance, arbitrators can order the production this notice of the rule change, as of documents not provided for by the privilege. If any party objects to the amended, to solicit comments on the Document Production Lists or alter the production of any document listed in proposed rule change from interested production schedule described in the the relevant Document Production Lists, Discovery Guide. Further, nothing in the persons. the party must file written objections Discovery Guide precludes the parties from with the Office of Dispute Resolution I. Self-Regulatory Organization’s voluntarily agreeing to an exchange of and serve all parties not later than thirty documents in a manner different from that Statement of the Terms of Substance of days following the date the answer is the Proposed Rule Change set forth in the Discovery Guide. In fact, the Office of Dispute Resolution encourages the due or filed, whichever is earlier. NASD Regulation has filed with the parties to agree to the voluntary exchange of Objections should set forth the reasons Commission a proposed Discovery documents and information and to stipulate the party objects to producing the Guide for use in NASD arbitration to various matters. The fact that an item documents. An objection to the proceedings to improve the discovery appears on a Document Production List does production of a document or a category not shift the burden of establishing or of documents is not an acceptable defending any aspect of a claim. 5 17 CFR 200.30–3(a)(12). reason to delay the production of any 1 15 U.S.C. 78s(b)(1). II. Document Production Lists. document not covered by the objection. 2 17 CFR 240.19b-4. The Office of Dispute Resolution will A response to an objection should be 3 See letter from Alden S. Adkins, Senior vice provide the parties with Document served on all parties within 10 days President and General Counsel, NASD Regulation, to Katherine A. England, Assistant Director, Production Lists (attached to the Discovery from service of the written objections. Division of Market Regulation, Commission, dated Guide) at the time it serves the statement of Objections and responses should be March 23, 1999. In Amendment No. 1, NASD claim in customer cases. The arbitrators and filed with the Office of Dispute Regulation made minor changes to the Discovery the parties should consider the documents Resolution at the time they are served Guide in response to some of the Commission’s described in Document Production Lists 1 on the parties. The arbitrator(s) shall concerns about the Guide (‘‘Amendment No. 1’’). and 2 presumptively discoverable. Absent a 4 See letter from S. Alden, Senior Vice President written objection, documents on Document then determine whether the objecting and General Counsel, NASD Regulation, to Production Lists 1 and 2 shall be exchanged party has overcome the presumption Katherine A. England, Assistant Director, Division based upon sufficient reason(s). of Market Regulation, Commission, dated April 9, 1999. In Amendment No. 2, NASD Regulation made 5 NASD Regulation may develop separate minor changes to clarify some of the language Document Production Lists for intra-industry 6 All time periods referenced herein are calendar within the Discovery Guide (‘‘Amendment No. 2’’). disputes. days.

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B. Confidentiality 7 date,10 identify dispositive or other along with the underlying discovery If a party objects to document potential motions, schedule hearing documents the parties have attached to production on grounds of privacy or dates, determine whether mediation is their pleadings. The chairperson should confidentiality, the arbitrator(s) or one desirable, and resolve any other determine whether to decide the matter of the parties may suggest a stipulation preliminary issues.11 During the initial on the papers or to convene a between the parties that the prehearing conference, the arbitrator(s) prehearing conference (usually via document(s) in question will not be and the parties should schedule hearing telephone). In considering motions to disclosed or used in any manner outside dates for the earliest available time, compel, particularly where non- of the arbitration of the particular case, consistent with the parties’ need to production is based upon an argument or the arbitrator(s) may issue a prepare adequately for the hearing. asserting an established privilege, such confidentiality order. The arbitrator(s) Prior to the initial prehearing as the attorney-client privilege, the shall not issue an order or use a conference, each arbitrator should arbitrator(s) should always give confidentiality agreement to require become familiar with the claims and consideration to the arguments set forth parties to produce documents otherwise defenses asserted in the pleadings filled by both sides, particularly as to the subject to an established privilege. by the parties. At the initial prehearing relevancy of the documents or Objections to the production of conference, the arbitrator(s) should information. The arbitrator(s) should documents, based on an established order time limits for discovery that will carefully consider such motions, privilege, should be raised in allow the scheduling of hearing dates regardless of whether item requested is accordance with the time frame for within a reasonable time and address all on any of the Document Production objections set forth above. outstanding discovery disputes. If the Lists. If in doubt, the arbitrator(s) should exchange of properly requested ask the requesting party what specific C. Affirmation in The Event That There documents has not occurred, the documents it is trying to obtain and Are No Responsive Documents or arbitrator(s) should order the production what it seeks to prove with the Information of all required documents, including documents. If a party responds that no responsive those outlined in the Document V. Information Requests information or documents exist, the Production List (see section II. above), customer or the appropriate person in within 30 days following the Like requests for documents, parties the brokerage firm who has personal conference. may serve requests for information knowledge (i.e., the person who has pursuant to Rule 10321(b). Requests for IV. Additional Discovery Requests conducted a physical search), upon the information are generally limited to request of the requesting party, must: (1) The parties may request documents in identification of individuals, entities, State in writing that he/she conducted addition to those identified in the and time periods related to the dispute; a good faith search for the requested Document Production Lists pursuant to such requests should be reasonable in information or documents; (2) describe Rule 10321(b). Unless a longer period is number and not require exhaustive the extent of the search; and (3) state allowed by the requesting party, answers or fact finding. Standard that based on the search, no such requests should be satisfied or objected interrogatories, as utilized in state and information or documents exist. to within 30 days from the date of federal courts, are generally not service of the document request. A permitted in arbitration. III. The Initial Prehearing Conference response to an objection should be Unless a longer period is allowed by To maximize the efficient served on all parties within 10 days the requesting party, information administration of a case by the from service of the written objections. requests should be satisfied or objected 8 arbitration panel, the Office of Dispute Requests, objections, and responses to within 30 days from the date of Resolution staff will schedule an initial should be filed with the Office of service of the requests. A response to an prehearing conference in which the Dispute Resolution at the time they are objection should be served on all parties 9 arbitrator(s) usually participates. The served on the parties. within 10 days from service of the initial prehearing conference gives the A party may move to compel written objections. Requests, objections, arbitrator(s) and the parties an production of documents when the and responses should be filed with the opportunity to organize the management adverse party (a) refuses to produce Office of Dispute Resolution at the time of the case, set a discovery cut-off such documents or (b) offers only to they are served on the parties. produce alternative documents that are A party may move to compel 7 Section II. B. is also applicable to additional unacceptable to the requesting party. discovery requests and information requests (see responses to requests for information sections IV. and V.). The Office of Dispute Resolution will that the adverse party refuses to 8 The panel consists of three arbitrators in most provide the chairperson of the panel provide. The Office of Dispute cases. Claims between $25,000 and $50,000 may with the motion, opposition, and reply, Resolution will provide the chairperson proceed with a single arbitrator. Claims under $25,000 are decided by a single arbitrator, generally of the panel with the motion, 10 The Office of Dispute Resolution recommends opposition, and reply, along with the on the pleadings. that the panel set a cut-off date during the initial 9 In some instances, the parties may opt out of the prehearing conference for service of discovery underlying discovery documents the initial prehearing conference. To opt out, parties requests, giving due consideration to time frames parties have attached to their pleadings. must supply the following information to the Office that permit timely resolution of objections and of Dispute Resolution by the specified deadline: The chairperson should determine disputes prior to the scheduled exchange of hearing whether to decide the matter on the (1) A minimum of four sets of mutually agreeable exhibits pursuant to the NASD Code of Arbitration hearing dates; Procedure. papers or to convene a prehearing (2) A discovery cut-off date; 11 The arbitrators should direct one of the parties conference (usually via telephone). (3) A list of all anticipated motions with the to prepare and forward to the Office of Dispute VI. Depositions motion due dates, opposition due dates, and reply Resolution, within 48 hours, a written order due dates provided; memorializing the results of the prehearing Depositions are strongly discouraged (4) A minimum of four dates and times for any conference, approved as to form and content by the in arbitration. Upon request of a party, proposed prehearing conferences to hear motions; other parties. When motions are heard at the initial and prehearing conference, the panel may order the the arbitrator(s) may permit depositions, (5) A determination whether briefs will be parties to submit the order with a stipulation as to but only under very limited submitted and, if so, the due date for submission. form and content from all parties. circumstances, such as: (1) To preserve

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(2) All account statements for the (2) Financial statements or similar otherwise be required to participate in customer’s account(s) during the time period statements of the customer’s assets, liabilities the hearing; (3) to expedite large or and/or relating to the transaction(s) at issue. and/or net worth for the period(s) covering complex cases; and (4) to address (3) All confirmations for the customer’s the three years prior to the first transaction unusual situations where the transaction(s) at issue. As an alternative, the at issue in the statement of claim through the arbitrator(s) determines that firm/Associated Person(s) should ascertain date the statement of claim was filed. circumstances warrant departure from from the claimant and produce those (3) Copies of all documents the customer the general rule. Balanced against the confirmations that are at issue and are not received from the firm/Associated Person(s) authority of the arbitrator(s) to permit within claimant’s possession, custody, or and from any entities in which the customer control invested through the firm/Associated depositions, however, is the traditional (4) All ‘‘holding (posting) pages’’ for the Person(s), including monthly statements, reservation about the overuse of customer’s account(s) at issue or, if not opening account forms, confirmations, depositions in arbitration. available, any electronic equivalent. prospectuses, annual and periodic reports, VII. Admissibility (5) All correspondence between the and correspondence. customer and the firm/Associated Person(s) (4) Account statements and confirmations Production of documents in discovery relating to transaction(s) at issue for accounts maintained at securities firms does NOT create a presumption that the (6) All notes by the firm/Associated other than the respondent firm for the three documents are admissible at the Person(s) or on his/her behalf, including years prior to the first transaction at issue in hearing. A party may state objections to entries in any diary or calendar, relating to the statement of claim through the date the the introduction of any document as the customer’s account(s) at issue. statement or claim filed. evidence at the hearing to the same (7) all recordings and notes of telephone (5) All agreements, forms, information, or extent that any other objection may be calls or conversations about the customer’s documents relating to the account(s) at issue raised in arbitration. account(s) at issue that occurred between the signed by or provided by the customer to the Associated Persons(s) and the customer (and firm/Associated Person(s). VIII. Sanctions any person purporting to act on behalf of the (6) All account analyses and The arbitration panel should issue customer), and/or between the firm and the reconciliations prepared by or for the sanctions if any party fails to produce Associated Person(s). customer relating to the account(s) at issue. (8) All Forms RE–3, U–4, and U–5, (7) All notes, including entries in diaries or documents or information required by a calendars, relating to the account(s) at issue. 12 including all amendments, all customer written order, unless the panel finds complaints identified in such forms and all (8) All recordings and notes of telephone that there is ‘‘substantial justification’’ customer complaints of a similar nature calls or conversations about the customer’s for the failure to produce the documents against the Associated Person(s) handling the account(s) at issue that occurred between the or information. The panel has wide account(s) at issue. Associated Person(s) and the customer (any discretion to address noncompliance (9) All sections of the firm’s Compliance person purporting to act on behalf of the with discovery orders. For example, the Manual(s) related to the claims alleged in the customer). panel may make an adverse inference statement of claim, including any separate or (9) All correspondence between the against a party or assess adjournment supplemental manuals governing the duties customer (and any person acting on behalf of the customer) and the firm/Associated fees, forum fees, costs and expenses, and responsibilities of the Associated Person(s) and supervisors, any bulletins (or Person(s) relating to the account(s) at issue. and/or attorneys’ fees caused by similar notices) issued by the compliance (10) Previously prepared written noncompliance. In extraordinary cases, department, and the entire table of contents statements by persons with knowledge of the the panel may initiate a disciplinary index to each such Manual. facts and circumstances related to the referral against a registered entity or (10) All analyses and reconciliations of the account(s) at issue, including those by person who is a party or witness in the customer’s account(s) during the time period accountants, tax advisors, financial planners, proceeding or may, pursuant to Rule and/or relating to the transaction(s) at issue. other Associated Person(s), and any other 10305(b), dismiss a claim, defense, or (11) All records of the firm/Associated third party. proceeding with prejudice as a sanction Person(s) relating to the customer’s (11) All prior complaints by or on behalf of the customer involving securities matters for intentional failure to comply with an account(s) at issue, such as, but not limited to, internal reviews and exception and and the firm’s/Associated Person(s’) order of the arbitrator(s) if lesser activity reports which reference the response(s). sanctions have proven ineffective. customer’s account(s) at issue. (12) Complaints/Statements of Claim and * * * * * (12) Records of disciplinary action taken Answers filed in all civil actions involving against the Associated Person(s) by any securities matters and securities arbitration Document Production Lists regulator or employer for all sales practices proceedings in which the customer has been * * * * * or conduct similar to the conduct alleged to a party, and all final decisions and awards be at issue. entered in these matters. List 1 * * * * * (13) All documents showing action taken Documents to be Produced in all Customer by the customer to limit losses in the Cases 13 LIST 2 transaction(s) at issue. Firm/Associated Persons(s) Documents to be Produced in All Customer * * * * * (1) All agreements with the customer, Cases List 3 including, but not limited to, account CUSTOMER Churning (1) All customer and customer-owned 12 As with other rulings, an arbitration panel’s business (including partnership or corporate Firm/Associated Person(s) ruling need only be by majority vote; it need not federal income tax returns, limited to pages (1) All commission runs relating to the be unanimous. customer’s account(s) at issue or, in the 13 1 and 2 of Form 1040, Schedules B, D, and Only named parties must produce documents alternative, a consolidated commission report pursuant to the guidelines set forth herein. E, or the equivalent for any other type of However, non-parties may be required to produce relating to the customer’s account(s) at issue. documents pursuant to a subpoena or an arbitration chairperson may use the Document Production (2) All documents reflecting compensation panel order to direct the production of documents Lists as guidance for discovery issues involving of any kind, including commissions, from all (see Rule 10322). In addition, the arbitration non-parties. sources generated by the Associated

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Person(s) assigned to the customer’s List 6 business entity, including general and limited partnerships and closely held account(s) for the two months preceding Failure to Supervise through the two months following the corporations. transaction(s) at issue, or up to 12 months, Customer (2) Copy of the customer’s resume. whichever is longer. The firm may redact all No additional documented identified. (3) Documents sufficient to show the information identifying customers who are * * * * * customer’s complete educational and not parties to the action, except that the firm/ employment background or, in the List 7 alternative, a description of the customers Associated Person(s) shall provide at least educational and employment background if the least four digits of the non-party customer Misrepresentation/Omissions not set forth in a resume produced under account number for each transaction. Firm/Associated Person(s) item 2. (3) Documents sufficient to describe or set Copies of all materials prepared or used by * * * * * forth the basis upon which the Associated the firm/Associated Person(s) relating to the Person(s) was compensated during the years transactions or products at issue, including List 11 in which the transaction(s) or occurrence(s) research reports, prospectuses, and other Unauthorized Trading in question occurred, including: (a) any offering documents, including documents bonus or incentive programs; and (b) all intended or identified as being ‘‘for internal Firm/Associated Person(s) compensation and commission schedules use only,’’ and worksheets or notes (1) Order tickets for the customer’s indicating the Associated Person(s) reviewed showing compensation received or to be transaction(s) at issue. or read such documents. As an alternative, (2) Copies of all telephone records, received based upon volume, type of product the firm/Associated Person(s) may produce a including telephone logs, evidencing sold, nature of trade (e.g., agency v. list of such documents that contains principal), etc. sufficient detail for the claimant to identify telephone contact between the customer and the firm/Associated Person(s). * * * * * each document listed. Upon further request by a party, the firm/Associated Person(s) (3) All documents relied upon by the firm/ List 4 must provide any documents identified on Associated Person(s) to establish that the the list. customer authorized the transaction(s) at Churning issue. * * * * * Customer * * * * * List 8 No additional documents identified. List 12 * * * * * Misrepresentation/Omissions Unauthorized Trading Customer List 5 Customer (1) Documents sufficient to show the Failure to Supervise customer’s ownership in or control over any 1. Copies of all telephone records, Firm/Associated Person(s) business entity, including general and including telephone logs, evidencing limited partnerships and closely held telephone contact between the customer and (1) All commission runs and other reports corporations. the firm/Associated Person(s). showing compensation of any kind relating (2) Copy of the customer’s resume. 2. All documents relied upon by the to the customer’s account(s) at issue or, in the (3) Documents sufficient to show the customer to show that the transaction(s) at alternative, a consolidated commission report customer’s complete educational and issue was made without his/her knowledge relating to the customer’s account(s) at issue. employment background or, in the or consent. (2) All exception reports and supervisory alternative, a description of the customer’s * * * * * activity reviews relating to the Associated educational and employment background if person(s) and/or the customer’s account(s) not set forth in a resume produced under List 13 item 2. that were generated not earlier than one year Unsuitability * * * * * before or not later than one year after the Firm/Associated Person(s) transaction(s) at issue, and all other List 9 documents reflecting supervision of the (1) Copies of all materials prepared, used, or reviewed by the firm/Associated Person(s) Associated Person(s) and the customer’s Negligence/Breach of Fiduciary Duty related to the transactions or products at account(s) at issue. Firm/Associated Person(s) issue, including but not limited to research (3) Those portions of internal audit reports Copies of all materials prepared or used by reports, prospectuses, other offering at the branch in which the customer the firm/Associated Person(s) relating to the documents, including documents intended or maintained his/her account(s) that: (a) transactions or products at issue, including identified as being ‘‘for internal use only,’’ focused on the Associated Person(s) or the research reports, prospectuses, and other and worksheets or notes indicating the transaction(s) at issue; and (b) were generated offering documents, including documents Associated Person(s) reviewed or read such not earlier than one year before or not later intended or identified as being ‘‘for internal documents. As an alternative, the firm/ use only,’’ and worksheets or notes than one year after the transaction(s) at issue Associated Person(s) may produce a list of indicating the Associated Person(s) reviewed and discussed alleged improper behavior in such documents. Upon further request by a or read such documents. As an alternative, party, the firm/Associated Person(s) must the branch against other individuals similar the firm/Associated Person(s) may produce a provide any documents identified on the list. to the improper conduct alleged in the list of such documents that contains (2) Documents sufficient to describe or set statement of claim. sufficient detail for the claimant to identify (4) Those portions of examination reports each document listed. Upon further request forth the basis upon which the Associated or similar reports following an examination by a party, the firm/Associated Person(s) Person(s) was compensated in any manner during the years in which the transaction(s) or an inspection conducted by a state or must provide any documents identified on or occurrence(s) in question occurred, federal agency or a self-regulatory the list. including, but not limited to: (a) any bonus organization that focused on the Associated * * * * * or incentive program: and (b) all Person(s) or the transaction(s) at issue or that List 10 compensation and commission schedules discussed alleged improper behavior in the showing compensation received or to be branch against other individuals similar to Negligence/Breach of Fiduciary Duty received based upon volume, type of product the improper conduct alleged in the Customer sold, nature of trade (e.g., agency v. statement of claim. (1) Documents sufficient to show the principal), etc. * * * * * customer’s ownership in or control over any * * * * *

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List 14 regulatory organization (‘‘SRO’’) to work on the discovery issue. Each Unsuitability arbitration staff. group was composed of persons offering The Discovery Guide and Document diverse perspectives, and all made a Customer Production Lists will function as a guide substantial contribution to the process. (1) Documents sufficient to show the for the parties and the arbitrators; they The proposed Discovery Guide is the customer’s ownership in or control over any are not intended to bind arbitrators in a product resulting from these groups’ business entity, including general and limited partnerships and closely held given case or to bind parties. For efforts which were composed of corporations. instance, arbitrators can order the arbitration experts, experienced (2) Written documents relied upon by the production of documents not provided practitioners, and SRO arbitration staff. customer in making the investment for by the Document Production Lists or Among those contributing to the decision(s) at issue. alter the production schedule described Discovery Guide were persons who are (3) Copy of the customer’s resume. in the Discovery Guide. Further, nothing members of the Securities Industries (4) Documents sufficient to show the in the Discovery Guide precludes the Conference on Arbitration (‘‘SICA’’) 17, customer’s complete educational and parties from voluntarily agreeing to an members of the Securities Industry employment background or, in the exchange of documents in a manner alternative, a description of the customer’s Association (‘‘SIA’’), directors of the educational and employment background if different from that set forth in the Public Investors Arbitration Bar not set forth in a resume produced under Discovery Guide or in the Document Association (‘‘PIABA’’), industry item 3. Production Lists. In fact, the Office of representatives from major broker- * * * * * Dispute Resolution (‘‘ODR’’) of NASD dealers, counsel for claimants, and Regulation encourages the parties to counsel for the industry. The Discovery II. Self-Regulatory Organization’s agree to the voluntary exchange of Guide represents a compromise reached Statement of the Purpose of, and documents and information and to over more than two years among a Statutory Basis for, the Proposed Rule stipulate to various matters. However, variety of securities industry and Change the Discovery Guide is binding on investor representatives and their In its filing with the Commission, parties to the extent it is used by counsel. Most of the contributors NASD Regulation included statements arbitrators to order the exchange of believe the proposal represents an concerning the purpose of, and basis for, documents. opportunity to improve discovery in the proposed rule change and discussed Background arbitration. any comments it received on the The approval of the Discovery Guide proposed rule change. The text of these In January 1996, the Arbitration would result in the implementation of statements may be examined at the Policy Task Force (‘‘Task Force’’), in key recommendations of the Task Force places specified in Item IV below. Securities Arbitration Reform: Report of by establishing the practice in customer NASD Regulation has prepared the Arbitration Policy Task Force to the arbitrations that essential documents summaries, set forth in Sections A, B, Board of Governors of NASD (‘‘Task will be produced, and requiring that and C below, of the most significant Force Report’’), made a number of broad arbitrators play a greater role in aspects of such statements. recommendations to the NASD Board of directing the discovery process and Governors to improve the securities resolving discovery disputes. The A. Self-Regulatory Organization’s arbitration process administered by the Discovery Guide follows the Task Statement of the Purpose of, and NASD Board of Governors to improve Force’s recommendation in all but one Statutory Basis for, the Proposed Rule the securities arbitration process respect. Although the Task Force Change administered by the NASD. One of these recommended that any proposed 1. Purpose recommendations states that: arbitration rule or guideline require that ‘‘Automatic production of essential The Discovery Guide, which includes documents be produced automatically, documents should be required for all the Discovery Guide is drafted so that Document Production Lists, provides parties, and arbitrators should play a guidance to parties on which documents the documents are presumptively much greater role in directing discovery discoverable instead to give the they should exchange without arbitrator 14 and resolving discovery disputes.’’ arbitrators more discretion in managing or staff intervention, and to arbitrators The Task Force reported that parties and in determining which documents the discovery process and to provide their attorneys routinely failed to more flexibility to the process. customers and member firms or comply with discovery requests or only associated persons are presumptively complied partially. In addition, the Task Features of the Discovery Guide required to produce in customer Force noted that existing NASD rules The Discovery Guide will be used as arbitrations. The NASD developed the did not provide guidance to an a supplement or an addendum to the Discovery Guide because parties and arbitrator as to the proper scope of guidance regarding discovery set forth their attorneys often do not comply or discovery and, thus, discovery disputes in The Arbitrator’s Manual, published do not comply fully with discovery were resolved largely according to the by SICA, and particularly the provisions requests in NASD arbitrations. The standards of individual arbitrators.15 in the section entitled, ‘‘Prehearing proposal will streamline discovery in According to the Task Force, some Conference,’’ at pages 11–16. The arbitrations in several ways, including arbitrators had experience in civil Arbitrator’s Manual is compiled by reducing the number and scope of litigation, but others had little members of SICA as a guide for document productions and other knowledge or training that would enable arbitrators, and is designed to discovery disputes, thereby reducing them to resolve a dispute according to staff, arbitrator and party resources any uniform standard or rules. 16 17 SICA was formed to develop and maintain a required to resolve such disputes. The After the work of the Task Force was Uniform Code of Arbitration and to provide a forum Discovery Guide is a consensus completed, several groups were formed for the discussion of new developments in document. It was developed over more securities arbitration among arbitration SRO forums and participants in those forums. The membership than a two-year period, and reflects the 14 Task Force Report at 2. includes representatives from the SRO’s with view of many arbitration experts, 15 Id. at 79. securities arbitration forums, three of four ‘‘public’’ experienced practitioners, and self- 16 Id. members, and a representative from the SIA.

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20041 supplement and explain the Uniform Document Production List is applicable, Admissibility. Production of Code of Arbitration as developed by the Discovery Guide is drafted to guide documents pursuant to the Discovery SICA. By the terms of The Arbitrator’s the arbitrator(s) to order production, Guide does not create a presumption Manual, the procedures and policies unless in the exercise of discretion, the that the documents are admissible at the contained therein are discretionary and arbitrator(s) believes that there is good arbitration hearing. Nothing in the may be changed by the arbitrators. cause not to order production. Discovery Guide prevents a party from Further, nothing in the Discovery Guide, In addition to specific document objecting to the introduction of any including The Document Production production requirements, the Discovery document as evidence at the hearing to Lists, precludes the parties from Guide also discusses other topics such the same extent that any other objection voluntarily agreeing to an exchange of as confidential treatment of documents, may be raised in arbitration. documents in a manner different from additional discovery requests, Arbitrator Participation. Under the that set forth in the Discovery Guide. depositions, admissibility of evidence, Discovery Guide, the NASD arbitrator(s) The Discovery Guide consists of arbitrator participation, and sanctions. will participate in the initial and introductory and instructional text, and These general instructions are discussed subsequent prehearing conferences to fourteen Document Production Lists. It below. organize the management of the case, set is intended for use by arbitrators in Confidential Treatment. Under the a discovery cut-off date, identify customer arbitrations only. These lists Discovery Guide, parties may stipulate dispositive or other potential motions, include the following (parenthetical that private or confidential document(s) schedule hearing dates, determine will not be disclosed or used in any references refer to the party from whom whether mediation is desirable, and manner outside of the arbitration of the documents are sought): resolve any other preliminary issues. If particular case. Alternatively, the the exchange of properly requested List 1: Documents To Be Produced In All arbitrator(s) may issue confidentiality Customer Cases (Firm/Associated discovery has not occurred, the orders. The Discovery Guide further Person(s)) Discovery Guide provides that the provides that arbitration panels shall List 2: Documents To Be Produced In All arbitrator(s) may order the production of not issue orders or use confidentiality Customer Cases (Customer) all required documents subject to agreements to require parties to produce List 3: Churning (Firm/Associated Person(s)) production. List 4: Churning (Customer) documents otherwise protected by List 5: Failure To Supervise (Firm/Associated established privileges. Sanctions. The Discovery Guide Person(s)) Additional Discovery Requests. The instructs arbitration panels to issue List 6: Failure To Supervise (Customer) Discovery Guide states that parties may sanctions if any party fails to produce List 7: Misrepresentation/Omission (Firm/ request documents in addition to those documents or information required by a Associated Person(s)) identified in the Document Production written order, unless the panel 18 finds List 8: Misrepresentation/Omission Lists, and it provides guidance that there is ‘‘substantial justification’’ (Customer) for the failure to produce the documents List 9: Negligence/Breach Of Fiduciary Duty regarding the timing of such requests. (Firm/Associated Person(s)) Unless a longer period is allowed by the or information. The Discovery Guide List 10: Negligence/Breach Of Fiduciary Duty requesting party, requests should be gives wide discretion to address (Customer) satisfied or objected to within 30 days noncompliance with discovery orders. List 11: Unauthorized Trading (Firm/ from the date of service of the document For example,the panel may make an Associated Person(s)) request. Any response to objections to a adverse inference against a party or List 12: Unauthorized Trading (Customer) request should be served on all parties assess adjournment fees, forum fees, List 13: Unsuitability (Firm/Associated within 10 days of service of the cost and expenses, and/or attorney’s Person(s)) objection. fees caused by noncompliance. In List 14: Unsuitability (Customer). The Discovery Guide provides a extraordinary cases, the Discovery The ODR will provide the parties with mechanism for a party to seek to compel Guide permits the panel to initiate a the Discovery Guide including the production of documents when the disciplinary referral against a registered Document Production Lists at the time adverse party (a) refuses to produce entity or person who is a party or ODR serves the statement of claim. The such documents or (b) offers only to witness in the proceeding or may, document production requirements in produce alternative documents that are pursuant to Rule 10305(b), dismiss a the first two Document Production Lists, unacceptable to the requesting party. claim, defense, or proceeding with ‘‘List 1, Documents To Be Produced In The Discovery Guide directs the prejudice as a sanction for intentional All Customer Cases: (Firm/Associated arbitrator(s) to carefully consider such failure to comply with an order of the Person(s)),’’ and ‘‘List 2, Documents To motions, regardless of whether the item arbitrator(s) if lesser sanctions have Be Produced In All Customer Cases: requested is on any of the Document proven ineffective. Customer,’’ would apply in virtually all Production Lists. cases involving member-customer or Depositions. The Discovery Guide The Discovery Guide Is a Guideline associated person-customer disputes, enables the arbitrator(s) to allow As noted, the Discovery Guide will unless the arbitrator(s), in the exercise depositions, but only under very limited function as a guide for the parties and of discretion, determines that some or circumstances, such as: (a) to preserve the arbitrator(s), and is intended to all of the documents in the relevant the testimony of ill or dying witnesses; supplement The Arbitrator’s Manual, Document Production Lists should not (b) to accommodate essential witnesses which does not create any binding be produced. For cases in which who are unable or unwilling to travel regulatory obligations. Further, the allegations of churning, failure to long distances for a hearing and may not policies set forth in the Discovery Guide supervise, misrepresentation/omission, otherwise be required to participate in are discretionary and may be changed negligence/breach of fiduciary duty, the hearing; (c) expedite large or by the arbitrator(s). Moreover, the unauthorized trading, or unsuitability complex cases; and (d) to address parties may agree to a voluntary are stated, additional Document unusual situations where the exchange of documents in a manner that Production Lists (e.g., Document arbitrator(s) determines that Production Lists 3 and 4—Churning) circumstances warrant departure from 18 An arbitration panel’s ruling need only be by provide additional guidance. If a the general guidance. majority vote; if need not be unanimous.

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Customer Personal Financial NASD Regulation believes that the Information proposed Discovery Guide is consistent The Discovery Guide provides with the provisions of Section 15A(b)(6) guidance to parties on which documents Under List 2 of the Discovery Guide, of the Act, which requires, among other they should exchange without arbitrator claimants in all cases are asked to things, that the Association’s rules must or staff intervention in NASD-sponsored produce a significant amount of be designed to prevent fraudulent and arbitrations, and to arbitrators in personal financial information. For manipulative acts and practices, to determining which documents example, claimants are asked to produce promote just and equitable principles of customers and member firms or portions of all customer and customer- trade, and, in general, to protect associated persons are presumptively owned business federal income tax investors and the public interest. The required to produce in customer returns (List 2, Item 1), financial NASD believes that the Discovery Guide arbitrations. In January 1996, the statements or similar statements of the will reduce the number and limit the Arbitration Policy Task Force chaired by customer’s assets, liabilities and or net scope of disputes involving document former Commission Chairman David worth (List 2, Item 2), and account productions and other matters, thereby Ruder recommended that ‘‘[a]utomatic statements and confirmations for improving the arbitration process for the production of essential documents accounts maintained at a securities firm benefit of public investors, broker/ should be required for all parties, and other than the respondent firm (List 2, dealer members, and associated persons arbitrators should play a much greater Item 4) for a period of at least three 19 who are the users of the process. role in directing discovery and resolving years and as many as six years. discovery disputes.’’ Task Force Report The Commission seeks comment on B. Self-Regulatory Organization’s (January 1996), at 2. whether the scope of these requests on Statement on Burden on Competition The NASD’s National Arbitration and List 2 is reasonable in all customer Mediation Committee, together with cases. For example, should these NASD Regulation does not believe advisors from various diverse requests be limited to a lesser amount of that the proposed Discovery Guide will backgrounds, helped to draft the personal financial and tax information result in any burden on competition that Discovery Guide over a period of two (e.g., either tax returns or financial is not necessary or appropriate in years in an effort to implement this statements), or to a shorter period of furtherance of the purposes of the Act, recommendation. Among those coverage (e.g., financial information as amended. contributing to the Discovery Guide covering a year before the transactions C. Self-Regulatory Organization’s were persons who are members of SICA, at issue until the date the claim is Statement on Comments on the members of SIA, directors of PIABA, made)? Should federal income tax Proposed Rule Change Received From industry representatives, representatives returns be made presumptively Members, Participants, or Others from major broker-dealers, counsel for discoverable in only certain types of claimants, and counsel for the industry. cases where the information contained Written comments were neither The Discovery Guide reflects a in those documents may be more solicited nor received. compromise between the various relevant (such as unsuitability cases III. Date of Effectiveness of the interests of the drafters. (List 14)), than in other types of cases Proposed Rule Change and Timing for The Commission seeks comment on (such as churning claims)? Commission Action whether the Discovery Guide’s The Commission also seeks comment document discovery lists, when on whether the relative production Within 35 days of the date of considered as a whole, reflect a burden is reasonably equivalent for both publication of this notice in the Federal balanced compromise between the claimants and respondents in an Register or within such longer period (i) various interests of the drafters. arbitration proceeding. The drafters of as the Commission may designate up to The Commission seeks comment on the Discovery Guide sought to effect a 90 days of such date if it finds such whether the Discovery Guides compromise between competing longer period to be appropriate and document discovery lists, when interests, with each party being required publishes its reasons for so finding or considered as a whole, reflect a to give up certain types of information (ii) as to which the self-regulatory balanced compromise between the in order to receive other types of organization consents, the Commission production needs of, and burdens on, information on a regular and timely will: both claimants and industry defendants basis. For example, does requiring (A) by order approve such proposed in customer arbitrations. For example, customers to produce personal financial rule change, or while some may believe production of information (List 2, Items 1, 2, and 4) (B) institute proceedings to determine a particular class of documents on one balance the respondent’s obligation to whether the proposed rule change of the industry production lists is produce records of customer complaints should be disapproved. burdensome, there may be an equally and disciplinary action, without time burdensome production requirement on limitation (List 1, Items 8 and 12). 20 IV. Solicitation of Comments the corresponding customer production Interested persons are invited to list. Comments should provide specific 19 These requests seek documents covering the submit written data, views and examples to support their views of period from 3 years prior to the transaction(s) in issue through the time the claim is filed. Since most arguments concerning the foregoing, whether the Discovery Guide is a arbitration claims must be brought within 3 years including whether utilizing the balanced effort to make both sides in an from the date of the transaction under applicable Discovery Guide, as amended, is arbitration produce more relevant statutes of limitations, depending on when a claim consistent with the Act. In addition to documents more quickly. Comments is filed, a claimant may have to produce 6 years’ worth of personal financial information. any other issues that the public may should take into account that, as noted 20 List 1, Item 8 requires firms/associated persons wish to address, the Commission in the Discovery Guide, parties are not to produce ‘‘[a]ll Forms RE–3, U–4, and U–5s, specifically requests comments on the precluded from seeking additional including all amendments, all customer complaints

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Commenters should provide specific on’’ a particular person or transaction, be relevant in those cases. Should List examples to support their opinions but may nonetheless relate to a claim 11 also apply to best execution claims where possible. made in arbitration. For example, an as well as unauthorized trading claims? internal report that addresses a When commenting, commenters should C. Privilege Issues particular practice of the firm or branch take into account that recently best The Discovery Guide states in Part office may be relevant to the customer’s execution has become a topic of II.B. that ‘‘[t]he arbitrator(s) shall not claim even if it does not ‘‘focus on’’ the significant interest.21 issue an order or use a confidentiality associated person named in the Person making written submissions agreement to require parties to produce customer’s complaint. should file six copies thereof with the documents otherwise subject to an Therefore, the Commission would like Secretary, Securities and Exchange established privilege.’’ Those privileges comment on whether the internal audit Commission, 450 Fifth Street, N.W., that would be deemed ‘‘established,’’ reports subject to production under List Washington, D.C. 20549–0690. Copies of however, are not listed in the Guide. 5, Item 3(a) should be limited to those the submission, all subsequent While the attorney-client privilege that ‘‘focus on’’ the associated person(s) amendments, all written statements would clearly be an example of an or transaction(s) at issue in the claim, or with respect to the proposed rule established privilege, would it be whether the class of internal audit change that are filed with the helpful to parties and arbitrators to reports should be expanded to include Commission, and all written identify if other privileges also could be those that ‘‘concern’’ or ‘‘relate to’’ the communications relating to the claimed? Do securities firms intend to claims made in the arbitration. Is the proposed rule change between the assert any other types of privileges? Is limitation in List 5, Item 3(a) to reports Commission and any person, other than the absence of specificity an invitation that ‘‘focus on’’ the associated person(s) those that may be withheld from the to argument about whether a privilege and transaction(s) at issue necessary to public in accordance with the has been ‘‘established’’? prevent production of audit reports that provisions of 5 U.S.C. 552, will be As the NASD has stressed, the Lists of are unrelated to the claims in a available for inspection and copying in presumptively discoverable documents particular arbitration, or does the the Commission’s Public Reference were the result of significant limitation exclude particular types of Room. Copies of such filing will also be compromise between representatives of reports that will almost always be available for inspection and copying at the industry, the plaintiffs’ bar, and relevant? the principal office of the NASD. All other interested persons. Each group List 5, Item 3(b) requires production submissions should refer to File No. agreed to include certain types of of those portions of internal audit SR–NASD–99–07 and should be documents in the Lists that it could reports that ‘‘were generated not earlier submitted by May 14, 1999. than one year before or not later than otherwise object to producing because it For the Commission, by the Division of would receive other types of documents one year after the transaction(s) at issue and discussed alleged improper Market Regulation, pursuant to delegated in return. Is the term ‘‘established authority.22 behavior in the branch against other privilege’’ sufficiently limited to assure Margaret H. McFarland, that the balance between competing individuals similar to the improper conduct alleged in the statement of Deputy Secretary. interests that the NASD sought to [FR Doc. 99–10200 Filed 4–22–99; 8:45 am] achieve through the Discovery Guide claim.’’ Does this provision help ensure BILLING CODE 8010±01±M will not be upset? that all portions of internal audit reports The Commission therefore seeks that may be relevant to the claims comment on the privileges that should asserted in an arbitration will be produced by firms? Would an expansion SECURITIES AND EXCHANGE be considered ‘‘established’’ for COMMISSION purposes of the Discovery Guide. of the documents called for in List 5, Should the only privilege recognized as Item 3(a) upset the balance strived for [Release No. 34±41298; File No. SR±OCC± ‘‘established’’ be the attorney/client by the members of the NASD’s drafting 99±05] committee? privilege (and the related work product Self-Regulatory Organizations; The doctrine)? In light of the compromises E. Particular Types of Claims Options Clearing Corporation; Notice reached in fashioning the Discovery Lists 1 and 2 set forth documents to of Filing of Proposed Rule Change Guide, should a party be precluded from be produced in all customer cases by Regarding Joint Back Office asserting a blanket privilege to keep firms/associated persons and customers, Participants from producing an entire category of respectively. Lists 3 through 14 call for documents contained on one of the the production of additional classes of April 16, 1999. discovery Lists? documents in particular types of cases, Pursuant to Section 19(b)(1) of the including churning (Lists 3 and 4), Securities Exchange Act of 1934 D. Internal Audit Reports 1 failure to supervise (Lists 5 and 6), (‘‘Act’’), notice is hereby given that on List 5, Item 3(a) calls for the misrepresentation/omission (Lists 7 and March 3, 1999, The Options Clearing production of those portions of internal 8), negligence/breach of fiduciary duty Corp. (‘‘OCC’’) filed with the Securities audit reports that ‘‘focused on’’ the (Lists 9 and 10), unauthorized trading and Exchange Commission associated person(s) or transaction(s) at (Lists 11 and 12) and unsuitability (Lists (‘‘Commission’’) the proposed rule issue. There may be instances where an 13 and 14). Are there other types of internal audit report does not ‘‘focus 21 See, e.g., Newton v. Merrill Lynch, Pierce, specific claims that should be included Fenner & Smith Incorporated, et al., 135 F.3d 266 identified in such forms, and all customer in particular lists in the Discovery (3d Cir. 1998); Order Execution Obligations, complaints of a similar nature against the Guide? For instance, claims alleging Exchange Act Release No. 37619A, 61 FR 48290 Associated Person(s) handling the account(s) at failure to obtain best execution on (Sept. 12, 1996) (duty of best execution requires issue.’’ List 1, Item 12 calls for production of particular trades do not have broker-dealer to seek the most favorable terms ‘‘[r]ecords of disciplinary action taken against the reasonably available under the circumstances of the Associated Person(s) by any regulator or employer individualized production lists. Because customer’s transaction). for all sales practices or conduct similar to the of the nature of best execution claims, 22 17 CFR 200.30–3(a)(12) conduct alleged to be at issue,’’ in all cases. the documents called for in List 11 may 1 15 U.S.C. 78s(b)(1).

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20044 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices change as described in Items I, II, and treat JBO participants’ accounts like III. Date of Effectiveness of the III below, which items have been market maker’s accounts and specialist’s Proposed Rule Change and Timing for prepared primarily by OCC. The accounts. For example, long positions in Commission Action Commission is publishing this notice to a JBO participants’ account will be Within thirty-five days of the date of solicit comments from interested treated as unsegregated long positions. publication of this notice in the Federal persons on the proposed rule change. The one exception to this treatment Register or within such longer period (i) I. Self-Regulatory Organization’s relates to Chapter IV of OCC’s rules as the Commission may designate up to Statement of the Terms of Substance of which pertains to matched trade ninety days of such date if it finds such the Proposed Rule Change reporting. OCC does not anticipate that longer period to be appropriate and Under the proposed rule change, OCC its participant exchanges will report JBO publishes its reasons for so finding or will amend its rules and by-laws to transactions as market maker or (ii) as to which OCC consents, the allow clearing members to maintain specialist transactions for purposes of Commission will: joint back office accounts in which long reporting matched trades. Accordingly, (A) by order approve such proposed positions can be used to offset short JBO participants will not be included rule change or (B) institute proceedings to determine positions in options for broker-dealers within the term ‘‘market maker’’ or whether the proposed rule change with which they have joint back office ‘‘specialist’’ for the purposes of the rules arrangements. in Chapter IV. should be disapproved. II. Self-Regulatory Organization’s To implement the above changes, IV. Solicitation of Comments Statement of the Purpose of, and OCC will add definitions for ‘‘JBO Interested persons are invited to Statutory Basis for, the Proposed Rule participant’’ and ‘‘JBO participants’ submit written data, views, and Change account’’ in Article I, Section 1 of the arguments concerning the foregoing, In its filing with the Commission, by-laws. OCC will also amend the including whether the proposed rule OCC included statements concerning definition of ‘‘unsegregated long change is consistent with the Act. the purpose of and basis for the position’’ to include long positions in Persons making written submissions proposed rule change and discussed any JBO participants’ accounts. OCC will should file six copies thereof with the comments it received on the proposed amend Interpretation .03 to Article V, Secretary, Securities and Exchange rule change. The text of these statements Section 1 of the by-laws, which Commission, 450 Fifth Street, N.W., may be examined at the places specified provides that applicants for clearing Washington, D.C. 20549–0609. Copies of in Item IV below. OCC has prepared membership must agree to seek the submission, all subsequent summaries, set forth in sections A, B, approval for the membership/margin amendments, all written statements and C below, of the most significant committee to clear types of transactions with respect to the proposed rule 2 change that are filed with the aspects of such statements. for which the applicant did not initially Commission, and all written seek approval in its membership A. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and application, by adding JBO participant proposed rule change between the Statutory Basis for, the Proposed Rule transactions. Finally, Article VI, Section Commission and any person, other than Change 3 of the by-laws will be amended to add those that may be withheld from the The purpose of the proposed rule JBO participants’ accounts to the list of public in accordance with the change is to allow OCC clearing permissible accounts clearing members provisions of 5 U.S.C. 552, will be members to maintain joint back office may maintain with OCC. available for inspection and copying in accounts (‘‘JBO accounts’’) for broker- OCC believes that the proposed rule the Commission’s Public Reference dealers with whom the clearing change is consistent with Section 17A of Section, 450 Fifth Street, N.W., members have joint back office the Act 4 and the rules and regulations Washington, D.C. 20549. Copies of such arrangements. (These broker-dealers are thereunder because the proposal is filing also will be available for referred to as JBO participants.) Under consistent with OCC’s requirement to inspection and copying at the principal the proposed rule change, a broker- assure the safeguarding of securities and office of OCC. All submissions should dealer registered with the Commission funds which are in OCC’s custody or refer to File No. SR–OCC–99–05 and will be considered a JBO participant if control or for which OCC is responsible. should be submitted by May 14, 1999. it (1) maintains a joint back office For the Commission by the Division of arrangement with an OCC clearing B. Self-Regulatory Organization’s Market Regulation, pursuant to delegated member that satisfies the requirements Statement on Burden on Competition authority.5 of Regulation T,3 (2) meets the Margaret H. McFarland, applicable requirements as specified in OCC does not believe that the Deputy Secretary. exchange rules, and (3) consents to proposed rule change would impose any [FR Doc. 99–10198 Filed 4–22–99; 8:45 am] having its exchange transactions cleared material impact on competition. BILLING CODE 8010±01±M and its positions carried in a JBO C. Self-Regulatory Organization’s participant account. Statement on Comments on the OCC will treat JBO participants like SMALL BUSINESS ADMINISTRATION market makers and specialists and will Proposed Rule Change Received from Members, Participants or Others Reporting and Recordkeeping 2 The Commission has modified the text of the Requirements Under OMB Review summaries prepared by OCC. Written comments were not and are 3 Joint back office arrangements are authorized not intended to be solicited with respect AGENCY: Small Business Administration. under Section 220.7 of Regulation T of the Board to the proposed rule change, and none ACTION: Notice of reporting requirements of Governors of the Federal Reserve System and have been received. permit non-clearing broker-dealers to be deemed submitted for OMB Review. self-clearing for credit extension purposes if the non-clearing broker-dealer has an ownership interest in the clearing firm. 4 15 U.S.C. 78q–1. 5 17 CFR 200.30–3(a)(12).

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SUMMARY: Under the provisions of the on December 20, 1998 and continuing. SMALL BUSINESS ADMINISTRATION Paperwork Reduction Act (44 U.S.C. Applications may be filed until the Chapter 35), agencies are required to specified date at the previously [Declaration of Disaster #3167] submit proposed reporting and designated location. recordkeeping requirements to OMB for All other information remains the State of Ohio review and approval, and to publish a same, i.e., the deadline for filing notice in the Federal Register notifying applications for economic injury is Hamilton County and the contiguous the public that the agency has made October 15, 1999. counties of Butler, Clermont, and such a submission. Warren in the State of Ohio; Dearborn (Catalog of Federal Domestic Assistance DATES: Submit comments on or before and Franklin Counties in Indiana; and Program No. 59002) Boone, Campbell, and Kenton Counties May 24, 1999. If you intend to comment Dated: April 19, 1999. but cannot prepare comments promptly, in Kentucky constitute a disaster area as Aida Alvarez, please advise the OMB Reviewer and a result of damages caused by severe the Agency Clearance Officer before the Administrator. storms and tornadoes that occurred on deadline. [FR Doc. 99–10255 Filed 4–22–99; 8:45 am] April 9, 1999. Applications for loans for COPIES: Request for clearance (OMB 83– BILLING CODE 8025±01±P physical damages as a result of this 1), supporting statement, and other disaster may be filed until the close of documents submitted to OMB for business on June 14, 1999 and for review may be obtained from the SMALL BUSINESS ADMINISTRATION economic injury until the close of Agency Clearance Officer. business on Jan. 18, 2000 at the address # # listed below or other locally announced ADDRESSES: Address all comments [Declaration of Disaster 3165, Amdt. 1] locations: U.S. Small Business concerning this notice to: Agency State of Louisiana Administration, Disaster Area 2 Office, Clearance Officer, Jacqueline White, One Baltimore Place, Suite 300, Atlanta, Small Business Administration, 409 3rd As a result of the President’s major GA 30308. Street, SW , 5th Floor, Washington, DC disaster declaration on April 9, 1999 for The interest rates are: 20416; and OMB Reviewer, Office of Public Assistance only for Bossier Information and Regulatory Affairs, Parish, and an amendment thereto on Percent Office of Management and Budget, New April 12 adding Individual Assistance Executive Office Building, Washington, for Bossier and Caddo Parishes in the For Physical Damage: DC 20503. State of Louisiana, I find that the above Homeowners with credit avail- FOR FURTHER INFORMATION CONTACT: Parishes constitute a disaster area as a able elsewhere ...... 6.875 Jacqueline White, Agency Clearance result of damages caused by severe Homeowners without credit Officer, (202) 205–6629. available elsewhere ...... 3.437 storms, tornadoes, and flooding that Businesses with credit available SUPPLEMENTARY INFORMATION: occurred on April 3–7, 1999. This elsewhere ...... 8.000 Title: Small Business Investment amendment supercedes SBA’s existing Businesses and non-profit orga- Company (SBIC) Leverage Application Administrative disaster declaration to nizations without credit avail- Forms & Documents, Leverage comply with the requirements of a able elsewhere ...... 4.000 Application Kits. major declaration by the President. Others (including non-profit or- Form No’s: 25, 33, 34 and 1065. Applications for loans for physical ganizations) with credit avail- Frequency: On Occasion. damages may be filed until the close of able elsewhere ...... 7.000 business on June 7, 1999. For Economic Injury: Description of Respondents: Small Businesses and Small Agricul- Business Investment Companies and In addition, applications for economic tural Cooperatives without Minority Small Business Investment injury loans from small businesses credit available elsewhere ..... 4.000 Companies. located in the following contiguous Annual Responses: 327. counties or parishes may be filed until The numbers assigned to this disaster Annual Burden: 507. the specified date at the previously for physical damage are 316712 for Dated: April 13, 1999. designated location: Bienville, DeSoto, Ohio; 316812 for Indiana; and 316912 Jacqueline White, Red River, and Webster Parishes in for Kentucky. For economic injury the Chief, Administrative Information Branch. Louisiana; Lafayette and Miller Counties numbers are 9C5000 for Ohio; 9C5100 [FR Doc. 99–10156 Filed 4–22–99; 8:45 am] in Arkansas; and Cass, Harrison, for Indiana; and 9C5200 for Kentucky. Marion, and Panola Counties in Texas. BILLING CODE 8025±01±P (Catalog of Federal Domestic Assistance The economic injury numbers are Program Nos. 59002 and 59008) 9C1600 for Louisiana, 9C1700 for Dated: April 15, 1999. SMALL BUSINESS ADMINISTRATION Arkansas, and 9C4900 for Texas. Fred P. Hochberg, [Declaration of Economic Injury Disaster All other information remains the Acting Administrator. #9A81, Amdt. #1] same, i.e., the deadline for filing [FR Doc. 99–10253 Filed 4–22–99; 8:45 am] applications for economic injury is BILLING CODE 8025±01±P State of California January 7, 2000. (Catalog of Federal Domestic Assistance The above numbered declaration is SMALL BUSINESS ADMINISTRATION hereby amended to include Glenn Program Nos. 59002 and 59008) Dated: April 13, 1999. County and the contiguous counties of Federal Assistance To Provide Butte, Colusa, Lake, Mendocino, and Herbert L. Mitchell, Financial Counseling, Technical Tehama in the State of California as an Acting Associate Administrator for Disaster Assistance and Long-Term Training to economic injury disaster loan area as a Assistance. Women result of extremely low temperatures [FR Doc. 99–10254 Filed 4–22–99; 8:45 am] and sub-freezing conditions beginning BILLING CODE 8025±01±P AGENCY: Small Business Administration.

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ACTION: Program announcement No. DEPARTMENT OF STATE OFFICE OF THE UNITED STATES OWBO–95–007, as amended by OWBO– TRADE REPRESENTATIVE 98–011. [Public Notice No. 3009] Generalized System of Preferences SUMMARY: The Small Business Advisory Committee on International (GSP); Deadline for Submission of Administration (SBA) plans to issue Communications and Information Petitions for the 1999 Annual GSP program announcement No. OWBO–95– Policy Meeting Notice Product and Country Eligibility Practices Review 007, as amended by OWBO–98–011, to invite applications of private, not-for- The Department of State is holding AGENCY: Office of the United States profit organizations to conduct the next meeting of its Advisory Trade Representative. Women’s Business Center projects in Committee on International ACTION: Notice of the 1999 Annual GSP the Mid-Delta Region of Mississippi. Communications and Information Product and Country Eligibility The authorizing legislation is the Small Policy. The Committee provides a Practices Review. Business Act, Section 29, 15 U.S.C., formal channel for regular consultation SUMMARY: Section 656, as amended by Pub. L. and coordination on major economic, The deadline for the submission of petitions for the 1999 105–277,111 Stat. 2592. SBA social and legal issues and problems in Annual GSP Product and Country Headquarters must receive applications/ international communications and Eligibility Practices Review is 5:00 p.m., proposals by May 31, 1999. SBA will information policy, especially as these Wednesday, June 16, 1999. select successful applicants issues and problems involve users of FOR FURTHER INFORMATION CONTACT: GSP competitively. The successful information and communication Subcommittee, Office of the United applicant(s) will receive an award to services, providers of such services, technology research and development, States Trade Representative, 600 17th provide long-term training, counseling Street, NW, Room 518, Washington, DC and technical assistance to women who foreign industrial and regulatory policy, the activities of international 20508. The telephone number is (202) want to start or expand businesses. The 395–6971. women’s business center project of the organizations with regard to communications and information, and SUPPLEMENTARY INFORMATION: successful applicant(s) will replace a developing country interests. previous project in the 4th year and I. Announcement of 1999 Annual GSP complete the 5th year of the previous The purpose of this quarterly meeting Product and Country Eligibility project’s 5-year term. Service and will be for the members to look at the Practices Review assistance areas must include financial, substantive issues on which the The GSP regulations (15 CFR Part management, marketing and committee should focus, as well as 2007) provide the schedule of dates for government procurement/certification specific countries and regions of interest conducting an annual review unless assistance. The applicant must also to the committee. otherwise specified by a Federal target women who are socially and This meeting will be held on Register notice. Notice is hereby given economically disadvantaged . The Thursday, May 20, 1999, from 9:30 that, in order to be considered in the applicant must plan to provide services a.m.–12:30 p.m. in Room 1105 of the 1999 Annual GSP Product and Country locally and on the Internet via the SBA- Main Building of the U.S. Department of Eligibility Practices Review, all petitions funded Online Women’s Business State, located at 2201 ‘‘C’’ Street, NW, to modify the list of articles eligible for Center, www.onlinewbc,org. Washington, DC 20520. Members of the duty-free treatment under GSP or to public may attend these meetings up to review the GSP status of any beneficiary The applicant must submit a two-year developing country must be received by plan that describes proposed fund- the seating capacity of the room. While the meeting is open to the public, the GSP Subcommittee of the Trade raising, training and technical assistance admittance to the State Department Policy Staff Committee no later than 5 activities. A twelve-month award will Building is only by means of a pre- p.m., Wednesday, June 16, 1999. be issued for each project year, without arranged clearance list. In order to be Petitions submitted after the deadline re-competition. Award recipients must placed on the pre-clearance list, please will not be considered for review and provide non-Federal matching funds as provide your name, title, company, will be returned to the petitioner. follows: one non-Federal dollar for each social security number, date of birth, The GSP provides for the duty-free importation of designated articles when Federal dollar for both project years. Up and citizenship to Shirlett Thornton at imported from designated beneficiary to one-half of the non-Federal matching (202) 647–8345 or by fax at (202) 647– developing countries. The GSP is funds may be in the form of in-kind 0158. All attendees must use the ‘‘C’’ authorized by title V of the Trade Act of contributions. Street entrance. One of the following 1974 (19 U.S.C. 2461 et seq.), as valid ID’s will be required for DATES: SBA will mail program amended (the ‘‘Trade Act’’), and is announcements to interested parties admittance: any U.S. driver’s license implemented in accordance with immediately, upon request. The opening with photo, a passport, or a U.S. Executive Order 11888 of November 24, date will be May 3, 1999 and the closing Government agency ID. 1975, as modified by subsequent date will be May 31, 1999. For further information, contact Executive Orders and Presidential FOR FURTHER INFORMATION CONTACT: Timothy C. Finton, Executive Secretary Proclamations. Section 505 of the Trade Sally Murrell, (202) 205–6673 or Mina of the Committee, at (202) 647–5385 or Act states that duty-free treatment Wales (202) 205–6621. . provided under the GSP shall not Dated: April 19, 1999. remain in effect after June 30, 1999. If Sherrye P. Henry, the program expires without Assistant Administrator, SBA/Office of Timothy C. Finton, reauthorization on that date, the 1999 Women’s Business Ownership. Executive Secretary. Annual GSP review will be conducted [FR Doc. 99–10157 Filed 4–22–99; 8:45 am] [FR Doc. 99–10279 Filed 4–22–99; 8:45 am] according to a schedule to be issued in BILLING CODE 8025±01±P BILLING CODE 4710±45±P the Federal Register if and when the

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20047 program is reauthorized. The review submitting petitions that request action third-party, and property liability will be based on those petitions that are with respect to specific products should insurance under 49 U.S.C. 41112(a) and submitted prior to the June 16 deadline list on the first page of the petition the 14 CFR part 205. The notice informs and accepted for review by the GSP following information: (1) The requested carriers that certain aviation insurers Subcommittee. action; (2) the HTS subheading in which wish to write into airline insurance A. 1999 Annual Product Review the product is classified; and (3) if policies required by Title 49 and applicable, the beneficiary country. Department regulations an exclusionary Interested parties or foreign All such submissions must conform to clause that would exclude liability for governments may submit petitions: (1) the GSP regulations which are set forth damages related to the Year 2000 To designate additional articles as in 15 CFR Part 2007. The regulations are problem and other computer-related eligible for GSP; (2) to withdraw, also included in ‘‘A Guide to the U.S. time, date, and year changes. The notice suspend or limit GSP duty-free Generalized System of Preferences further informs carriers that no such treatment accorded either to eligible (GSP)’’ (August 1991) (‘‘GS Guide’’). exclusion has been approved by the articles under the GSP or to individual Petitioners are strongly advised to Department and reminds carriers that beneficiary developing countries with review the GSP regulations. any carrier operating with such an respect to specific GSP eligible articles; Submissions that do not provide all exclusion in place would not be in (3) to waive the competitive need limits information required by sections 2007.0 compliance with Title 49 of the United for individual beneficiary developing and 2007.1 of the GSP regulations will States Code and 14 CFR part 205 and countries with respect to specific GSP not be accepted for review, except upon would be subject to enforcement action. eligible articles; and (4) to otherwise a detailed showing in the submission FOR FURTHER INFORMATION CONTACT: modify GSP coverage. As specified in 15 that the petitioner made a good faith Dayton Lehman, Deputy Assistant CFR 2007.1, all product petitions must effort to obtain the information required. General Counsel, Office of Aviation include a detailed description of the These requirements will be strictly product and the Harmonized Tariff Enforcement and Proceedings, U.S. enforced. Petitions with respect to Department of Transportation, 400 7th Schedule (HTS) subheading in which waivers of the competitive need the product is classified. Street SW., Washington, DC 20590. Tel. limitations must meet the information No. (202) 366–9342. B. 1999 GSP Annual Country Eligibility requirements for product addition Practices Review requests in section 2007.1(c) of the GSP Notice regulations. A model petition format is Interested parties may submit We face a challenge in the Year 2000 available from the GSP Subcommittee petitions to have the GSP status of any (Y2K) computer problem that, if unmet, and is included in the GSP Guide. eligible beneficiary developing country could pose risks to the public and Petitioners are requested to use this reviewed with respect to any of the disrupt the flow of commerce. model petition format so as to ensure designation criteria listed in sections Addressing the Y2K problem is a top that all information requirements are 502(b) or 502(c) of the Trade Act (19 priority for the U.S. Department of met. U.S.C. 2462(b) and (c)). Such petitions Transportation. Only the public versions of the must comply with the requirements of While transportation operations are submissions will be available for public 15 CFR 2007.01(b). typically the responsibility of the inspection and only by appointment. private sector, ensuring their safe, C. Submission of Petitions and Requests Appointments to review petitions may smooth functioning is a matter of Petitions to modify GSP treatment be made by contacting Ms. Brenda Webb national concern and the Department is should be addressed to GSP (Tel. 202/395–6186) of the USTR Public taking steps to assist our partners. Subcommittee, Office of the U.S. Trade Reading Room. The hours of the Department officials have met with Representative, 600 17th Street, NW, Reading Room are 9:30 a.m. to 12 noon industry associations and businesses in Room 518, Washington, DC 20508. An and 1:00 p.m. to 4:00 p.m., Monday every sector, and have held industry- original and fourteen (14) copies of each through Friday. wide forums to address the issue. We will continue to work with carriers to petition must be submitted in English. Frederick L. Montgomery, If the petition contains business address Y2K problems; however, we Chairman, Trade Policy Staff Committee. wish to make clear that carriers must confidential information, an original [FR Doc. 99–10283 Filed 4–22–99; 8:45 am] and fourteen (14) copies of a continue to comply with existing BILLING CODE 3901±01±M nonconfidential version of the requirements while addressing Y2K submission along with an original and problems. fourteen (14) copies of the confidential Department regulations require DEPARTMENT OF TRANSPORTATION version must be submitted. In addition, airlines to provide a minimum level of insurance coverage for passenger, third- the submission containing confidential Office of the Secretary information should be clearly marked party, and property liability resulting ‘‘confidential’’ at the top and bottom of [Docket OST±99±5051] from an accident. 14 CFR Part 205. It each and every page of the submission. has come to our attention that some Petitions submitted as ‘‘business Passenger, Third±Party, and Property aviation insurers wish to write into confidential’’ must conform to 15 CFR Liability Insurance Coverage for U.S. airline insurance policies an 2003.6 and other qualifying information and Foreign Air CarriersÐNon- exclusionary clause that would exclude submitted in confidence must conform Approval of Exclusions Related to the all liability for damages related to the to 15 CFR 2007.7. The version that does Year 2000 Problem Y2K problem. No Y2K insurance exclusion has been approved by the not contain business confidential AGENCY: Office of the Secretary, DOT. Department.1 information (the public version) should ACTION: Notice. also be clearly marked at the top and 1 SUMMARY: The same endorsements that contain the Y2K bottom of each page (either ‘‘public The Department issues this exclusionary clauses of which we are aware also version’’ or ‘‘nonconfidential’’). notice to remind all carriers of its propose to eliminate coverage for claims arising Furthermore, interested parties requirements with regard to passenger, Continued

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Pursuant to part 205, all direct air coverage, the regulations would not have had Y2K exclusions written into carriers and foreign air carriers, prohibit a provision in a policy their liability policies by insurers with including U.S. commuters and air taxis requiring a carrier to reimburse an different views and that such carriers (14 CFR 298.2) as well as Canadian insurer for Y2K-related claims where may not yet have obtained coverage charter air taxi operators (14 CFR the carrier has failed to satisfy the meeting the requirements of part 205 294.2(c)), are required to carry insurer that it has in place a program to under a ‘‘write-back’’ clause, or minimum ‘‘aircraft accident liability become Y2K compliant. otherwise. Any carrier operating insurance coverage’’ for ‘‘bodily injury Any carrier operating with a Y2K without the liability coverage required to or death of aircraft passengers’’ as exclusion in place covering passenger, by part 205, including coverage for Y2K- well as ‘‘persons, including non- third party, or property liability for related problems, is subject to employee cargo attendants, other than aircraft accidents would not be in immediate enforcement action, which passengers, and for damage to compliance with the insurance could include civil penalties assessed property.’’ Each carrier must file a requirements contained in part 205. All under 49 U.S.C. 46301 and action certificate of insurance with the U.S. carriers should be aware that, against its operating authority. Section Department, signed by an authorized under 49 U.S.C. 41112(a), any certificate 46301 provides for civil penalties of representative of the insurer or to provide air transportation ceases to be $1,100 per violation and, in the case of insurance broker, stating that the carrier effective if an air carrier fails to comply a continuing violation, $1,100 per day has in effect insurance coverage meeting with part 205. This condition is also for each day each violation continues. In the requirements of Part 205. Minimum specifically made a part of the operating addition, carriers and their responsible coverage amounts depend on the class certificate of each U.S. carrier. Likewise, officials should be aware that 49 U.S.C of carrier and aircraft size. pursuant to 14 CFR 298.37 air taxis and 46316 provides for criminal penalties in Section 205.6 of the Department’s commuter air carriers are prohibited the event of knowing and willful regulations, 14 CFR 205.6, prohibits the from conducting operations not violations of the Department’s effectiveness of any liability insurance properly covered under part 205. In regulations and Title 49. policy exclusion not specifically addition, all foreign air carriers should This notice is not concerned with approved by the Department. The be aware that all permit and exemption Y2K exclusions from insurance coverage Department and the Civil Aeronautics authority of foreign air carriers is also not included in the minimum Board before it have permitted specifically conditioned on compliance passenger, third-party, or property exclusions from liability coverage only with part 205. Consequently, any liability limits set forth in 14 CFR part in a very limited number of operations performed without lawful 205, such as loss of business by an circumstances. These exclusions cover, insurance coverage as required by part airline or other liability not resulting in essence, the following risks: 205 would be unauthorized. directly from operation of an aircraft. The Department has been approached (1) War and insurrection; If you have any questions, you may by a major aviation industry insurer (2) Noise, pollution, and other effects contact Dayton Lehman, Deputy requesting approval of its Y2K not caused by a ‘‘crash, fire, explosion, Assistant General Counsel, Office of exclusion. In addition, other major or collision, or a recorded in-flight Aviation Enforcement and Proceedings, insurers have attempted to impose such emergency causing abnormal aircraft on 202–366–9342. operation’’ (an accident); an exclusion on carriers without first (3) Nuclear risks; seeking Department approval of the Dated: April 19, 1999. (4) Damages incurred by an employee exclusion. The exclusions of which we An electronic version of this document is arising out of and in the course of his/ are aware would involve immediate available on the World Wide Web at http:// her employment; and imposition of a Y2K exclusion, with the dms.dot.gov. (5) Injury to property owned, leased, insured carrier given the right to obtain Nancy E. McFadden, occupied or used by the insured. a limited ‘‘write-back’’ of coverage, General Counsel. The Department recently established a provided it demonstrates adequate Y2K [FR Doc. 99–10245 Filed 4–22–99; 8:45 am] public docket, OST–99–5051, that compliance or planning to the insurer’s BILLING CODE 4910±62±P contains correspondence regarding satisfaction. The write-back coverage exclusions requested in the past, would be designed to meet Part 205 including those described above. All requirements. We urge carriers that have DEPARTMENT OF TRANSPORTATION future correspondence regarding not done so to implement programs to requests for exclusions will also be ensure that they will achieve timely Federal Highway Administration placed in the docket, which can be Y2K compliance and to work with their [FHWA Docket No. FHWA±1999±5382] accessed through the Internet at http:// insurers to ensure that there is no lapse dms.dot.gov. You should be aware that, in required coverage. We wish to make Fiscal Year (FY) 2000 Implementation although the Department may not have clear, however, that the Department has Guidance for Interstate Maintenance permitted a particular exclusion, section not approved any insurance Discretionary Program Funds 205.6 also specifically provides that arrangement for Y2K-related problems insurers retain the right to recover from that does not provide continuous AGENCY: Federal Highway carriers any amounts paid under the coverage meeting the minimum Administration (FHWA), DOT. policy. For example, although an coverage requirements set forth in part ACTION: Notice; FHWA solicitation insurer may be obligated to make 205. memorandum for FR 2000 funds; payments to claimants because the Certain insurers have assured us they request for comments on selection regulations require a particular recognize that, in the absence of criteria for FY 2001 and beyond. Department approval, any Y2K from computer-related problems in connection with exclusion written into the policies of SUMMARY: This document provides ‘‘any other change in time, date, or year,’’ including their particular airline clients will not implementation guidance on the the reset of the Global Positioning Satellite system that will occur on August 21–22, 1999. As with the be applicable to the minimum liability Interstate maintenance discretionary Y2K exclusion, the Department has not approved requirements of part 205. However, we (IMD) program for FY 2000 and beyond. any such exclusion. are concerned that other carriers may On March 4, 1999, a memorandum on

VerDate 23-MAR-99 17:39 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20049 this topic was issued to division offices Government Printing Office’s database Issued on: April 12, 1999. soliciting candidate projects from State at: http://www.access.gpo.gov/nara. Kenneth R. Wykle, transportation agencies for FY 2000 IMD The solicitation memorandum is Federal Highway Administrator. funding, The memorandum also available on the FHWA web site at The text of the FHWA solicitation and contains information of criteria used by http://www.fhwa.dot.gov/discretionary. implementation guidance memorandum the FHWA in evaluating candidate follows: projects. This document seeks Background ACTION: Request for Project for FY comments from all interested parties on 2000 Interstate Maintenance the selection criteria and their On March 4, 1999, the FHWA issued Discretionary (IMD) Funds—March continued use by the FHWA for FY a memorandum to its division offices, 4, 1999 (Reply Due: July 1, 1999) 2001 and beyond. located in each State, the District of Columbia and Puerto Rico, soliciting Henry H. Rentz for Vincent F. DATES: Comments on the selection from the State transportation agencies Schimmoller, Program Manager, criteria for IMD funding for FY 2001 and Infrastructure, HIPA beyond must be received on or before candidate projects for FY 2000 IMD Division Administrators funding. This memorandum is June 22, 1999. We are requesting submission of published for informational purposes. ADDRESSES: Your signed, written eligible candidate projects for FY 2000 The memorandum contains information comments on project selection criteria IMD funds. It appears that for IMD founding for FY 2001 and on the IMD program, eligible activities, approximately $90 million will be beyond must refer to the docket number the application process, and the available for allocation in FY 2000 appear at the top of this document and selection criteria used by the FHWA in Candidate project submissions are to be you must submit the comments to the evaluating candidate projects. received in Headquarters no later than Docket Clerk, U.S. DOT Dockets, Room Also, the purpose of this document is July 1, 1999. PL 401, Seventh Street, SW, to invite comments on the selection Please work with the States to identify Washington, DC 20590–0001. All criteria used by the FHWA for viable projects to assure high quality comments received will be available for evaluating candidate projects for FY candidates for this program. The examination at the above address 2001 and beyond. The attachment to the attached program guidance for the IMB between 9 a.m. and 5 p.m., e.t., Monday March 4, 1999, memorandum presents program provides information on through Friday, except Federal holidays. the selection criteria that the FHWA eligibility, selection criteria, and Those desiring notification of receipt of will be using for FY 2000. These criteria submission requirements. Your office comments should include a self- reflect areas which are given preference should review all candidates submitted by a State to ensure the application is addressed, stamped envelope or when evaluating candidate projects; complete and contains all of the postcard. however, any project submitted by a requested information as outlined in the Applications for candidate projects State transportation agency which meets for FY 2000 funding should be attached program guidance. After the eligibility requirements for this review, please forward candidate project submitted to the FHWA Division Office discretionary program can potentially be in the State of the applicant in submissions to the Director of Program selected for funding. These are the same accordance with the guidance provided Administration, HIPA. general selection criteria that the FHWA in the solicitation memorandom. When sending in candidate projects, has used for several years to evaluate the States must understand that any FOR FURTHER INFORMATION CONTACT: candidates for this discretionary qualified project may or may not be Cecilio Leonin, Office of Program program. Occasionally, a selection selected, and it may be necessary to Administration, (202) 366–4651; or criterion may be added for an individual supplement allocated IMD funds with Wilbert Baccus, Office of the Chief year that reflects a special emphasis other Federal-aid and/or State funds to Counsel, (202) 366–1396; Federal area, but for the most part the selection construct a section of highway which Highway Administration, 400 Seventh criteria have remained unchanged. will be usable to the traveling public in Street SW., Washington DC 20590. The FHWA plans to continue to use as short a period of time as possible. Office hours are from 7:45 a.m. to 4:15 Any allocations in FY 2000 will be these same basic selection criteria for p.m., e.t., Monday through Friday made on the assumption that proposed except Federal holidays. FY 2001 and beyond for this projects are viable and implementation SUPPLEMENTARY INFORMATION: discretionary program. However, before schedules are realistic. Obligation doing so, the FHWA is interested in the Electronic Access limitation will be distributed with each views of the States or others on these allocation of funds. Internet users can access all selection criteria. Accordingly, In 1992, Headquarters established a comments received by the U.S. DOT comments are invited to this docket on policy (reference Mr. Willett’s Dockets, Room PL–401, by using the the selection criteria that the FHWA November 3, 1992, memorandum to the universal resource locator (URL):http:// will use for the IMD program for regions; Subject: Transfer of Funds/ www.dmsm.dot.gov. It is avaiable 24 funding available during FY 2001 and Discretionary Allocations) that Interstate hours each day, 365 days each year. beyond. 4R discretionary funds would not be Please follow the instructions online for Publicaton of the implementation allocated to a State that had, in the more information and help. guidance for the Interstate maintenance preceding fiscal year, transferred either An electronic copy of this document discretionary program satisfies the National Highway System (NHS) or may be downloaded using a modem and requirement of section 9004(a) of the Interstate Maintenance (IM) funds to the suitable communications software from Surface Transportation Program (STP) TEA–21 Restoration Act, Pub. L. 105– the Government Printing Office apportionment. This policy was based 206, 112 Stat. 685, 842 (1998). Electronic Bulletin Board Service at on the tremendous Interstate System (202) 512–1661. Internet users may Authority: 23 U.S.C. 118 and 315; 49 CFR needs across the country and FHWA’s reach the Federal Register home page 1.48. belief that congressional intent was to at: http://www.nara.gov/fedreg and the give priority consideration to high cost

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Fiscal year 1998 1999 2000 2001 2002 2003

Authorization ...... $50M $100M $100M $100M $100M $100M

TEA–21 provides $2,914 million in Obligation Limitation 3. The applicant must be willing and FY 1998 and increasing each year to able to obligate the IMD funds within a $4,218 million in FY 2003 for the The IMD discretionary funds are year of the date the funds are made Interstate Maintenance Program. In subject to obligation limitation. The available, apply them to a ready-to- accordance with 23 U.S.C. 118(c), before obligation limitation reduces the commence project, and in the case of any apportionment is made under 23 available funding for the program under construction work, begin work within U.S.C. 104(b)(4), the Secretary shall set the provisions of TEA–21 Section 90 days of obligation. 1102(f) discussed above. aside $50 million in FY 1998 and $100 In 1992, Headquarters established a million for each of FY’s 1999 through Eligibility policy that Interstate 4R discretionary 2003 for the IMD program. funds would not be allocated to a State The eligibility for IMD projects is that had, in the preceding fiscal year, The amount of available funding is provided in Section 118(c) of 23 U.S.C., transferred either National Highway impacted by any obligation limitation as follows: imposed on the Federal-aid highway System (NHS) or Interstate Maintenance 1. IMD funds are available for program under the provisions of TEA– (IM) funds to the Surface Transportation resurfacing, restoring, rehabilitating and 21 Section 1102(f), Redistribution of Program (SIP) apportionment. This reconstructing (4R) work, including Certain Authorized Funds. Under this policy was based on the tremendous added lanes, on the Interstate System. provision, any funds authorized for the Interstate System needs across the However, not eligible for allocation of program for the fiscal year, which are country and FHWA’s belief that IMD funds are projects on any highway not available for obligation due to the congressional intent was to give priority designated as a part of the Interstate imposition of an obligation limitation, consideration to high cost projects in System under Section 139 of 23 U.S.C., are not allocated for the IMD program, States where available apportionments as in effect before the enactment of but are redistributed to the States by were insufficient to allow such projects TEA–21 and any toll road on the formula as STP funds. to proceed on a timely basis. This policy Interstate System not subject to an is still appropriate at this time, and will After the Section 1102(f) reduction, it agreement under Section 119(e) of 23 continue to be applied to IMD funds, is expected that approximately $90 U.S.C., as in effect on December 17, with modifications to reflect the million will be available for candidate 1991. uniform transfer provisions enacted by projects in each of fiscal years 2000 2. A State is eligible to receive an the Transportation Equity Act for the through 2003. This available funding allocation of IMD funds if it has 21st Century. The policy is: IMD funds may also increase or decrease each year obligated or demonstrates that it will will not be allocated to a State that has, depending on the obligation limitation obligate in FY 2000 all of its IM funds in the preceding year, transferred either calculation and on the estimated apportioned under Section 104(b)(4) of NHS or IM funds to the STP, the receipts to the Highway Trust Fund. 23 U.S.C. other than an amount which, Congestion Mitigation and Air Quality Federal Share by itself, is insufficient to pay the Improvement Program, the Bridge Federal share of the cost of a project for Replacement and Rehabilitation In accordance with 23 U.S.C. 120 the resurfacing, restoring, rehabilitating and Program, or to Recreational Trails normal pro-rata Federal share of the reconstructing the Interstate System apportionments. However, this costs for any project eligible under this which has been submitted by the State restriction will not apply to transfers program is 90 percent. to the Secretary for approval. from IM to NHS or vice-versa.

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Selection Criteria transportation departments, who are the 9. Current 2-way Average Daily The following criteria are used to only agencies that can submit Traffic including percentage of trucks. evaluate the submitted candidates for candidates. The State transportation 10. Number of lanes before and after selection. The statutory criteria for departments coordinate with local and construction of the project. The number priority consideration are found in 23 Federal agencies within their respective of lanes and current ADT are used to U.S.C. 118(c)(3) and Section 1223 of States in order to develop viable gauge the degree of congestion on the TEA–21, as follows: candidate projects. The State route. 11. Project Plan Status—PS&E Status. • Any project the cost of which transportation departments submit the 12. Estimated Authorization Date exceeds $10 million (23 U.S.C. candidate applications to the FHWA division offices, who send them in to (month/year). 118(c)(3)). 13. Total Project Cost • A project on any high volume route the Office of Program Administration. Candidate projects are due in FHWA 14. Amount of IMD funds requested— in an urban area or high truck-volume Indicate amount of IMD funds being route in a rural area (23 U.S.C. Headquarters usually around the first of July. The specific timetable for the requested. If a State is willing to accept 118(c)(3)). partial funding of this amount, that • Priority may be given to funding a solicitation process for any particular fiscal year is provided in the solicitation should be indicated. Sometimes, partial transportation project relating to an funding of requests is utilized to international quadrennial Olympic or memorandum. The most recent solicitation is provided in these provide funding for more projects since Paralympic event, or a Special Olympics the requests far exceed the available International event if the project meets Guidelines for reference. The candidate project applications are funds. the extraordinary needs associated with 15. An Obligation Schedule— such events and is otherwise eligible for reviewed and evaluated by the Office of Program Administration and an Demonstrate how the State will obligate assistance with IMD funds (Section all of its IM apportionments before the 1223, TEA–21). allocation plan is prepared for presentation of the candidate projects to end of FY 2000. There are no regulatory criteria for 16. Commitment of Other Funds— selection of IMD discretionary projects; the Office of the Federal Highway Administrator, where the final selection Indicate the amounts and sources of any however, the following criteria are also private or other public funding being considered in the evaluation of of projects for funding is made. The announcement of the selected projects provided as part of this project. Only candidates for his program: indicate those amounts of funding that • and the allocation of funds is usually Leveraging of private or other are firm with documented public funding—Because the annual accomplished by the middle of November. commitments. The submission must requests for funding far exceed the include written confirmation of these available IMD funds, commitment of Submission Requirements commitments from the entity other funding sources to complement Only State transportation departments controlling the committed funds. the requested IMD funds is an important may submit applications for funding 17. Previous Interstate 4R factor. Discretionary (IDR) Funding—Indicate • under this program. Although there is State priorities—For States that not a prescribed format for a project the amount and fiscal year of any submit more than one project, submission, the following information previous IDR discretionary funds consideration is given to the individual must be included to properly evaluate received for this project or route. State’s priorities if specified. 18. Future Funding Needs—Indicate • the candidate projects. With the Expeditious completion of project— exception of the project area map, all of the estimated future funding needs for Preference is also given to requests that the following must be included to the project, including anticipated will expedite the completion of a viable consider the application complete. requests for additional IMD funding, the project over requests for initial funding Those applications that do not include items of work to be completed and of a project that will require a long-term these items are considered incomplete projected scheduling. commitment of future IMD funding. For and returned. 19. Talking Points Briefing—A one large-scale projects consideration is 1. State in which the project is page talking points paper covering basic given to the State’s total funding plan to located. project information is also needed for expedite the completion of the project. 2. Federal-Aid Project Number use by the Office of the Secretary for the Because the concept of equity was 3. Project Location—Describe the congressional notification process important in the development of TEA– specific location of the project, should a project be selected for funding. 21, project selection will also consider including route number and mileposts, Each State’s request for discretionary national geographic distribution among if applicable. funds must include a talking points all of the discretionary programs as well 4. County or Counties in which the paper. A sample paper is included in as congressional direction or guidance project is located. these Guidelines. provided on specific projects or 5. U.S. Congressional District No.(s) in programs. which the project is located. State Transportation Agency 6. U.S. Congressional District Responsibilities Solicitation Procedure Member’s Name(s). 1. Coordinate with State, local, and Each year, usually around March, a 7. Name of Urban Area or indicate if Federal agencies within the State to memorandum is sent from the FHWA located in a rural area. develop viable candidate projects. Headquarters Office of Program 8. Proposed Work—Describe the 2. Ensure that the applications for Administration to the FHWA division project work to be completed under this candidate projects meet the submission offices requesting the submission of particular request, and whether this is a requirements outlined above. candidate projects for the following complete project or part of a larger 3. Establish priorities for their fiscal year’s funding. This solicitation is project. If the project is related to one candidate projects if desired. also published in the Federal Register. of the Olympic events listed in Section 4. Submit the applications to the local The FHWA division offices provide this 1223 of TEA–21, that relationship FHWA division office on time so that solicitation request to the State should be described. the submission deadline can be met.

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FHWA Division Office Responsibilities • The project provides for a 2-inch consisting of approximately 10 miles 1. Provide the solicitation overlay of the existing bituminous under yard limits requirements. memorandum and this program concrete pavement which is badly Interested parties are invited to information to the State transportation deteriorated and rutted. (If there is participate in these proceedings by agency. anyhing innovative about the project be submitting written views, data, or 2. Request candidate projects be sure to mention in layman’s terms.) comments. FRA does not anticipate • submitted by the State to the FHWA This project is part of the second scheduling a public hearing in division office to meet the submission phase of a 5-year program to resurface connection with these proceedings since deadline established in the solicitation. a 25-mile section of I-xx between Town- the facts do not appear to warrant a 3. Review all candidate applications A and Town-B. In 1998, the southbound hearing. If any interested party desires lanes at this same location are being submitted by the State prior to sending an opportunity for oral comment, they resurfaced using State funds. them to FHWA Headquarters to ensure should notify FRA, in writing, before that they are complete and meet the • In addition to State matching funds, the end of the comment period and submission requirements. a portion of the total project cost will be specify the basis for their request. 4. Submit the candidate applications financed by $lllll in funds to FHWA Headquarters by the provided by llllll. All communications concerning these established submission deadline. • The project includes improvements proceedings should identify the to several safety features within the appropriate docket number (e.g., Waiver FHWA Headquarters Program Office Petition Docket Number FRA–1998– Responsibilities project limits including upgrading of guardrail and traffic signs. 4624) and must be submitted in 1. Solicit candidates from the States • triplicate to the Docket Clerk, DOT through annual solicitation The project will be advertised for construction in and is Central Docket Management Facility, memorandum. Room PL–401, Washington, DC 20590– 2. Review candidate project scheduled for completion in . 0001. Communications received within submissions and compile program and 45 days from the publication of this project information for preparation of [FR Doc. 99–10246 Filed 4–22–99; 8:45 am] notice will be considered by FRA before allocation plan. BILLING CODE 4910±22±M final action is taken. Comments received 3. Submit allocation plan to the Office after that date will be considered as far of the Federal Highway Administrator as practicable. All written for use in making final project DEPARTMENT OF TRANSPORTATION communications concerning these selections. proceedings are available for 4. Allocate funds for the selected Federal Railroad Administration projects. examination during regular business Petition for Waiver of Compliance hours (9 a.m.—5 p.m.) at DOT’s Central FHWA Headquarters Program Office Docket Managment Facility at Room Contact In accordance with Part 211 of Title PL–401 (Plaza Level), 400 Seventh Cecilio Leonin, Highway Engineer, 49 Code of Federal Regulations (CFR), Street, SW, Washington, DC. All Office of rogram Administration, Phone: notice is hereby given that the Federal documents in the public docket are also (202) 366–4651, Fax: (202) 366–3988, E- Railroad Administration (FRA) received available for inspection and copying on mail: [email protected]. a request for a waiver of compliance the Internet at the docket facility’s Web with certain requirements of its safety site at http://dms.dot.gov. Sample Talking Points Briefing for standards. The individual petition is Secretary described below, including the party Issued in Washington, DC on April 15, 1999. Note: These talking points will be used by seeking relief, the regulatory provisions the Office of the Secretary in making involved, the nature of the relief being Grady C. Cothen, Jr., congressional notification contacts. Since requested, and the petitioner’s Deputy Associate Administrator for Safety some of the recipients of the calls may not arguments in favour of relief. Standards and Program Development. . be closely familiar with the highway [FR Doc. 99–10162 Filed 4–22–99; 8:45 am] program, layman’s language should be used Atlantic and Western Railway, L.P. BILLING CODE 4910±06±P to the extent possible. Information contained (Docket Number FRA–1998–4624) in the talking points may be used by a The Atlantic and Western Railway member of Congress in issuing a press release announcing the discretionary allocation. (ATW) seeks a permanent waiver of DEPARTMENT OF TRANSPORTATION compliance with the Safety Glazing Interstate Maintenance (IMD) Standards, 49 CFR 223.11(c), which Federal Railroad Administration Discretionary Funds requires certified glazing in all Grantee: locomotives used in yard service. The Project No: IMD–xxx–x(xxx) number RSS 202. The locomotive has 49 Code of Federal Regulations (CFR), FHWA Funds: $xx,xxx,xxx. previously granted a waiver from the a request for a waiver of compliance • This project provides for glazing requirements, FRA Docket with certain requirements of its safety resurfacing ll miles of the two Number RSGM–90–16. Locomotive standards. The individual petition is northbound lanes of I-xx in lllll number 202 is not equipped with FRA described below, including the party county, extending from the U.S. Route certified glazing but the operator states seeking relief, the regulatory provisions 1 interchange at Hometown to the State replacement of broken or damaged involved, the nature of the relief being Road 2 overpass in the vicinity of glazing will be made with certified requested, and the petitioner’s Smallville. glazing. ATW operates on track arguments in favor of relief.

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Burlington Northern Santa Fe Railway DEPARTMENT OF TRANSPORTATION Facility, Room PL–401 (Plaza Level), (Docket Number FRA–1999–5429) 400 Seventh Street SW, Washington, Federal Railroad Administration DC. All documents in the public docket The Burlington Northern Santa Fe are also available for inspection and Railway (BNSF) seeks a permanent Petition for Waiver of Compliance copying on the Internet at the docket waiver of compliance with the facility’s Web site at http://dms.dot.gov. Locomotive Safety Standards, 49 CFR In accordance with 49 CFR 211.9 and 229.21, which requires each locomotive 211.41, notice is hereby given that the Issued in Washington, DC, on April 15, in use be inspected once during each Federal Railroad Administration (FRA) 1999. calendar day. BNSF seeks this waiver has received a request for a waiver of Grady C. Cothen, Jr., for locomotives utilized to haul loaded compliance with certain requirements of Deputy Associate Administrator for Safety coal trains through Alliance, Nebraska. the Federal safety laws and regulations. Standards and Program Development. BNSF states that these locomotives are The petition is described below, [FR Doc. 99–10163 Filed 4–22–99; 8:45 am] inspected before the empty coal trains including the regulatory provisions BILLING CODE 4910±06±P are hauled to the mine. The round trip involved, the nature of the relief being from the Alliance service track to the requested and the petitioner’s mine takes 24 to 36 hours. BNSF states arguments in favour of relief. DEPARTMENT OF TRANSPORTATION that on the return trip, the locomotives Mid-Continent Railway Historical Federal Railroad Administration are removed from their train and placed Society, Inc., Docket Number FRA– on the service track for a second 1999–5106 Petition for Waiver of Compliance inspection which at a minimum takes three hours. BNSF indicates that this The Mid-Continent Railway Historical In accordance with 49 CFR 211.9 and second inspection is unwarranted and Society, Inc. (MCRY) seeks a waiver of 211.41, notice is hereby given that the causes undue congestion in the compliance from 49 CFR 230.116(h)— Federal Railroad Administration (FRA) terminal. which requires that oil burning steam has received a request for a waiver of Interested parties are invited to locomotives taking air for combustion compliance with certain requirements of participate in these proceedings by through the fire door opening be the Federal safety laws and regulations. submitting written views, data, or equipped with a suitable conduit The petition is described below, comments. FRA does not anticipate extending from the fire door to the including the regulatory provisions scheduling a public hearing in outside of the cab which will prevent air involved, the nature of the relief being connection with these proceedings since being drawn into the fire box from the requested and the petitioner’s the facts do not appear to warrant a interior of the cab. This is required arguments in favor of relief. within the specified territory during the hearing. If any interested party desires Middletown & Hummelstown Railroad an opportunity for oral comment, they period from November 1 to April 1. MCRY is asking that the requirement be Company (Docket Number FRA–1999– should notify FRA, in writing, before 4989) the end of the comment period and waived for steam locomotive number specify the basis for their request. MCRY 2. MCRY indicates that they The Middletown & Hummelstown operate the steam locomotive a total of Railroad Company (MH) seeks a All communications concerning these six days from November 1 to April 1. permanent waiver of compliance with proceedings should identify the Interested parties are invited to the Safety Glazing Standards, 49 CFR appropriate docket number (e.g., Waiver participate in these proceedings by Part 223.11(c), which requires certified Petition Docket Number FRA–1999– submitting written views, data, or glazing in all locomotive windows, 5429) and must be submitted in comments. FRA does not anticipate except those locomotives used in yard triplicate to the Docket Clerk, DOT scheduling a public hearing in service. The MH seeks this waiver for Central Docket Management Facility, connection with these proceedings since two locomotives, number 1016 built in Room Pl–401, Washington, DC 20590– the facts do not appear to warrant a 1969, and number 151 built in 1956. 001. Communications received within hearing. If any interested party desires The owner states the locomotives are 45 days of the date of this notice will an opportunity for oral comment, they equipped with automotive type safety be considered by FRA before final should notify FRA, in writing, before glazing and were never equipped with action is taken. Comments received after the end of the comment period and FRA certified glazing. The MH operates that date will be considered as far as specify the basis for their request. 6.5 miles of track through rural country practicable. All written communications All communications concerning these side with a maximum speed of 10 mph concerning these proceedings are proceedings should identify the freight and 15 mph passenger. I11All available for examination during regular appropriate docket number (e.g., Waiver communications concerning these business hours (9:00 a.m.–5:00 p.m.) at Petition Docket Number FRA–1999– proceedings should identify the the DOT Central Docket Management 5106) and must be submitted in appropriate docket number (e.g., Waiver Facility, Room Pl–401 (Plaza Level), 400 triplicate to the Docket Clerk, DOT Petition Docket Number FRA–1999– 7th Street, SW, Washington, DC 20590. Central Docket Management Facility, 4989) and must be submitted in All documents in the public docket are Room PL–401, Washington, DC 20590– triplicate to the Docket Clerk, DOT also available for inspection and 0001. Communications received within Central Docket Management Facility, copying on the Internet at the docket 45 days of the date of this notice will Room PL–401, Washington, DC. 20590– facility’s web site at http://dms.dot.gov. be considered by FRA before final 0001. Communications received within Issued in Washington, DC on April 15, action is taken. Comments received after 45 days of the date of this notice will 1999. that date will be considered as far as be considered by FRA before final Grady C. Cothen, Jr., practicable. All written communications action is taken. Comments received after Deputy Associate Administrator for Safety concerning these proceedings are that date will be considered as far as Standards and Program Development. available for examination during regular practicable. All written communications [FR Doc. 99–10165 Filed 4–22–99; 8:45 am] business hours (9:00 a.m.–5:00 p.m.) at concerning these proceedings are BILLING CODE 4910±06±P DOT Central Docket Management available for examination during regular

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Communications received within Abstract: NHTSA proposes to conduct 1999. 45 days of the date of this notice will a survey by telephone among some Grady C. Cothen, Jr., be considered by FRA before final nationally representative samples of Deputy Associate Administrator for Safety action is taken. Comments received after 3,220 adults, including older adults. Standards and Program Development. that date will be considered as far as Participation by respondents would be [FR Doc. 99–10164 Filed 4–22–99; 8:45 am] practicable. All written communications voluntary. NHTSA’s information needs concerning these proceedings are BILLING CODE 4910±06±P require collection of information to available for examination during regular assess the awareness of the American business hours (9:00 a.m.–5:00 p.m.) at public concerning the mobility issues of DEPARTMENT OF TRANSPORTATION DOT Central Docket Management seniors and establish benchmarks Facility, Room PL–401 (Plaza Level), against which progress in improving Federal Railroad Administration 400 Seventh Street SW, Washington, seniors’ safety and mobility can be DC. All documents in the public docket assessed over time. Petition for Waiver of Compliance are also available for inspection and In conducting the proposed survey, copying on the Internet at the docket the interviewers would use computer- In accordance with Part 211 of Title facility’s Web site at http://dms.dot.gov. 49, Code of Federal Regulations (CFR), aided telephone interviewing (CATI) to Issued in Washington, DC, on April 15, reduce interview length and minimize notice is hereby given that the Federal 1999. Railroad Administration (FRA) received recording errors. A Spanish-language Grady C. Cothen, Jr., a request for a waiver of compliance translation and bilingual interviewers with certain requirements of its safety Deputy Associate Administrator for Safety are proposed to minimize language Standards and Program Development. standards. The individual petition is barriers to participation. The proposed described below, including the party [FR Doc. 99–10161 Filed 4–22–99; 8:45 am] survey would be anonymous and seeking relief, the regulatory provisions BILLING CODE 4910±06±P confidential. involved, the nature of the relief being Affected Public: Randomly selected requested, and the petitioner’s members of the general public aged DEPARTMENT OF TRANSPORTATION arguments in favour of relief. sixteen and older in telephone households. Southern Freight Logistics (Waiver National Highway Traffic Safety Petition Docket Number FRA–1998– Administration Estimated Total Annual Burden: 882. 4565) ADDRESSES: Send comments, within 30 Reports, Forms and Record Keeping days, to the Office of Information and Requirements; Agency Information The Southern Freight Logistics (SFL) Regulatory Affairs, Office of Collection Activity Under OMB Review Company seeks a permanent waiver of Management and Budget, 725–17th compliance with the Safety Glazing AGENCY: National Highway Traffic Street, NW, Washington, D.C. 20503, Standards, 49 CFR 223.11(c), which Attention NHTSA Desk Officer. requires certified glazing in all Safety Administration, DOT. locomotive windows, except those ACTION: Notice. Comments are invited on: Whether locomotives used in yard service. The the proposed collection of information SUMMARY: SFL seeks this waiver for locomotive In compliance with the is necessary for the proper performance number 39–5310. The locomotive is a Paperwork Reduction Act of 1995 (44 of the functions of the Department, Model ALCO RS3 built in 1951 and has U.S.C. 3501 et seq.), this notice including whether the information will never been equipped with FRA certified announces that the Information have practical utility; the accuracy of glazing. SFL indicates that they operate Collection Request (ICR) abstracted the Departments estimate of the burden 17 miles of track of which 12 miles is below has been forwarded to the Office of the proposed information collection; on a United States Department of Energy of Management and Budget (OMB) for ways to enhance the quality, utility and reservation with guard service, the five review and comment. The ICR describes clarity of the information to be miles outside the reservation is rural the nature of the information collections collected; and ways to minimize the and not heavily populated. and their expected burden. The Federal burden of the collection of information Register Notice with a 60-day comment on respondents, including the use of Interested parties are invited to period was published on October 8, automated collection techniques or participate in these proceedings by 1998 (63 FR 54184-54185). other forms of information technology. submitting written views, data, or DATES: A Comment to OMB is most effective if comments. FRA does not anticipate Comments must be submitted on or before May 24, 1999. OMB receives it within 30 days of scheduling a public hearing in publication. connection with these proceedings since FOR FURTHER INFORMATION CONTACT: Dr. the facts do not appear to warrant a John Eberhard at the National Highway Issued in Washington, D.C., on April 20, hearing. If any interested party desires Traffic Safety Administration, Office of 1999. an opportunity for oral comment, they Research and Traffic Records (NTS–31), Herman L. Simms, should notify FRA, in writing, before 202–366–5595. 400 Seventh Street, SW, Associate Administrator for Administration. the end of the comment period and Room 6240, Washington, DC 20590. [FR Doc. 99–10247 Filed 4–22–99; 8:45 am] specify the basis for their request. SUPPLEMENTARY INFORMATION: BILLING CODE 4910±59±P

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DEPARTMENT OF TRANSPORTATION reason(s) for delay and the expected 3. Application is technically very completion date for action on each complex and is of significant impact or Research and Special Programs application is provided in association precedent-setting and requires extensive Administration with each identified application. analysis. 4. Staff review delayed by other FOR FURTHER INFORMATION CONTACT: Office of Hazardous Materials Safety; J. priority issues or volume of exemption Notice of Delays in Processing of Suzanne Hedgepeth, Director, Office of applications. Exemption Applications Hazardous Materials, Exemptions and Meaning of Application Number Approvals, Research and Special Suffixes: AGENCY: Research and Special Programs Programs Administration, U.S. Administration, DOT. Department of Transportation, 400 N—New application M—Modification request ACTION: List of applications delayed Seventh Street, SW, Washington, DC more than 180 days. 20590–0001, (202) 366–4535. PM—Party to application with modification request. Key to ‘‘Reasons for Delay’’: SUMMARY: In accordance with the Issued in Washington, DC, on April 19, requirements of 49 U.S.C. 5117(c), RSPA 1. Awaiting additional information 1999. is publishing the following list of from applicant. J. Suzanne Hedgepeth, exemption applications that have been 2. Extensive public comment under Director, Office of Hazardous Materials in process for 180 days or more. The review. Exemptions and Approvals.

NEW EXEMPTION APPLICATIONS

Reason for Estimated date Application No. Applicant delay of completion

11699±N ...... GEO Speciality Chemicals, Bastrop, LA ...... 4 05/31/1999 11761±N ...... Vulcan Chemicals, Birmingham, AL ...... 4 05/31/1999 11767±N ...... Ausimont USA, Inc., Thorofare, NJ ...... 4 05/31/1999 11817±N ...... FIBA Technologies, Inc., Westboro, MA ...... 1, 4 05/31/1999 11862±N ...... The BOC Group, Murray Hill, NJ ...... 4 05/31/1999 11894±N ...... Quicksilver Fiberglass Manufacturing Ltd., Strome, Alberta, CN ...... 4 05/31/1999 11927±N ...... Alaska Marine Lines, Inc., Seattle, WA ...... 4 05/31/1999 11934±N ...... UtiliCorp United, Inc., Omaha, NE ...... 4 05/31/1999 12001±N ...... Albemarle Corporation, Baton Rouge, LA ...... 4 05/31/1999 12020±N ...... Rhone-Poulenc, Inc., Shelton, CT ...... 4 05/31/1999 12029±N ...... NACO Technologies, Lombard, IL ...... 4 05/31/1999 12032±N ...... Physical Acoustics Quality Services, Lawrenceville, NJ ...... 4 05/31/1999 12033±N ...... PPG Industries, Inc., Pittsburgh, PA ...... 4 05/31/1999 12051±N ...... General American Transportation Corporation, Chicago, IL ...... 4 05/31/1999 12064±N ...... Occident Chemical Corp., Webster, TX ...... 4 05/31/1999 12071±N ...... Pennwalt India Limited, Worli, Mumbai, IN ...... 4 05/31/1999 12072±N ...... Consani Engineering (PTY) Limited, Cape Province, RI ...... 4 05/31/1999 12105±N ...... Becton Dickinson Microbiology Systems, Sparks, MD ...... 4 05/31/1999 12106±N ...... Air Liquide America Corporation, Houston, TX ...... 4 05/31/1999 12123±N ...... Eastman Chemical Co., Kingsport, TN ...... 4 06/30/1999 12125±N ...... Mayo Foundation, Rochester, MN ...... 4 06/30/1999 12126±N ...... LaRoche Industries Inc., Atlanta, GA ...... 4 06/30/1999 12129±N ...... Kenyon International Emergency Services, Houston, TX ...... 4 06/30/1999 12130±N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 06/30/1999 12136±N ...... Net Grocer, North Brunswick, NJ ...... 4 06/30/1999 12142±N ...... Aristech Chemical Corp., Pittsburgh, PA ...... 4 06/30/1999 12144±N ...... Sea-Land Service, Inc., Charlotte, NC ...... 4 05/31/1999 12145±N ...... Dorbyl Heavy Engineering, Duncanville Vereeniging, SA ...... 1 05/31/1999 12146±N ...... Luxfer Gas Cylinders, Riverside, CA ...... 4 05/31/1999 12148±N ...... Eastman Kodak Company, Rochester, NY ...... 4 05/31/1999 12156±N ...... Columbia Falls Aluminum Co., Columbia Falls, MT ...... 4 06/30/1999 12158±N ...... Hickson Corporation, Conley, GA ...... 4 06/30/1999 12164±N ...... Rhodia Inc., Shelton, CT ...... 4 06/30/1999 12205±N ...... Independent Chemical Corp., Glendale, NY ...... 4 05/31/1999 12208±N ...... Air Products & Chemicals, Inc., Allentown, PA ...... 4 05/31/1999 4354±M ...... PPG Industries, Inc., Pittsburgh, PA ...... 1 05/31/1999 8915±M ...... Advanced Silicon Materials, Inc., Moses Lake, WA ...... 4 04/30/1999 9266±M ...... ERMEWA, Inc., Houston, TX ...... 4 05/31/1999 9275±M ...... Estee Lauder Company, Melville, NY ...... 4 05/31/1999 9419±M ...... FIBA Technologies, Inc., Westboro, MA ...... 4 05/31/1999 11050±M ...... Koppers Industries, Inc., Pittsburgh, PA ...... 4 05/31/1999 11173±M ...... Olin Corporation, Norwalk, CT ...... 4 05/31/1999 11327±M ...... Phoenix Services Limited Partnership, Pasadena, MD ...... 4 06/30/1999 11379±M ...... TRW Vehicle Safety Systems, Inc., Washington, MI ...... 4 06/30/1999 11984±M ...... United Parcel Service Company, Louisville, KY ...... 4 05/31/1999

[FR Doc. 99–10243 Filed 4–22–99; 8:45 am] BILLING CODE 4910±60±M

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DEPARTMENT OF TRANSPORTATION Hazardous Materials Safety has received comments is desired, include a self- the applications described herein. Each addressed stamped postcard showing Research and Special Programs mode of transportation for which a the exemption application number. Administration particular exemption is requested is FOR FURTHER INFORMATION CONTACT: indicated by a number in the ‘‘Nature of Copies of the applications (See Docket Office of Hazardous Materials Safety; Application’’ portion of the table below Notice of Applications for Exemptions Number) are available for inspection at as follows: 1—Motor vehicle, 2—Rail the New Docket Management Facility, freight, 3—Cargo vessel, 4—Cargo AGENCY: Research and Special Programs PL–401, at the U.S. Department of aircraft only, 5—Passenger-carrying Administration, DOT. Transportation, Nassif Building, 400 7th aircraft. Street, SW. Washington, DC 20590. ACTION: List of applicants for DATES: Comments must be received on This notice of receipt of applications exemptions. or before May 24, 1999. for new exemptions is published in accordance with Part 107 of the Federal SUMMARY: In accordance with the ADDRESS COMMENTS TO: Records Center, hazardous materials transportation law procedures governing the application Research and Special Programs, (49 U.S.C. 5117(b); 49 CFR 1.53(b)). for, and the processing of, exemptions Administration, U.S. Department of from the Department of Transportation’s Transportation, Washington, DC 20590. Issued in Washington, DC, April 20, 1999. Hazardous Materials Regulations (49 Comments should refer to the J. Suzanne Hedgepeth, CFR Part 107, Subpart B), notice is application number and be submitted in Director, Office of Hazardous Materials hereby given that the Office of triplicate. If confirmation of receipt of Exemptions and Approvals.

NEW EXEMPTIONS

Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

12204±N .... RSPA±1999±5016 Express Service and 49 CFR 173.245(a), To authorize the transportation of dinitrogen tetrox- Lockheed Martin, 179.300±12(b). ide, anhydrous hydrazine and/or other specified Princeton, NJ. hazardous materials aboard cargo-only aircraft in separate specially modified stainless steel multi- unit tank car tanks. (modes 1, 4.) 12237±N .... RSPA±1999±5397 Dept. of Defense, Falls 49 CFR 173.416, 175.3 .. To authorize the transportation in commerce of Ra- Church, VA. dioactive material, Class 7, inside specially de- signed devices. (modes 1, 3, 4.) 12240±N .... RSPA±1999±5399 Spence Air Service, En- 49 CFR 172.101 (Co. To authorize the transportation in commerce of Pro- terprise, OR. 9A), 175.75(a)(1) & pane, Division 2.1, in DOT specification 4BA and/ (a)(2). or 4BW cylinders and DOT Specification 39 con- tainers which is presently forbidden for shipment by passenger aircraft. (mode 5.) 12241±N .... RSPA±1999±5396 Solutia Inc., St. Louis, 49 CFR 172.101(8C) ...... To authorize the bulk transportation of Metal cata- MO. lyst, wetted, Division 4.2 in DOT specification tank trucks. (mode 1.) 12242±N .... RSPA±1999±5394 United States Enrichment 49 CFR 172.302(c), To authorize the transportation in commerce of Corporation, Bethesda, 173.420. Uranium hexafluoride cylinders equipped with re- MD. movable cylinder valve guards which have been manufactured in variance to the American Na- tional Standards Institute (ANSI). (modes 1, 2.) 12247±N .... RSPA±1999±5490 Weldship Corp., Beth- 49 CFR 172.301(c), To authorize the ultrasonic testing of DOT±3A and lehem, PA. 173.302(c)(2); (c)(3); DOT±3AA seamless steel cylinders for use in (c)(4), 173.34(e), transporting Division 2.1, 2.2 or 2.3 material. 173.34(e)(16), (modes 1, 2, 3, 4.) 173.34(e)(3), 173.34(e)(4), 173.34(e)(5), 173.34(e)(6), 173.34(e)(7), 173.34(e)(8). 12248±N .... RSPA±1999±5491 Ciba Specialty Chemicals 49 CFR 171.12(b)(5), To authorize the transportation in commerce of Corp., High Point, NC. 173.242. Corrosive solid, flammable, n.o.s., Class 8, in IM 101 portable tanks not presently authorized. (modes 1, 2, 3.) 12249±N .... RSPA±1999±5492 Breed Technologies, Inc., 49 CFR 172.301(c), To authorize the manufacture, mark and sale DOT- Lakeland, FL. 178.65(f)(1). Specification 39 compressed gas cylinders (pres- sure vessels) for use as components of auto- mobile vehicle safety systems with relief from the 30 second holdtime required at test pressure. (modes 1, 2, 3, 4.)

[FR Doc. 99–10242 Filed 4–22–99; 8:45 am] BILLING CODE 4910±60±M

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DEPARTMENT OF TRANSPORTATION hereby given that the Office of the new applications for exemptions to Hazardous Materials Safety has received facilitate processing Research and Special Programs the applications described herein. This DATES: Comments must be received on Administration notice is abbreviated to expedite or before May 10, 1999. docketing and public notice. Because Office of Hazardous Materials Safety; the sections affected, modes of ADDRESS COMMENTS TO: Records Center, Notice of Applications for Modification transportation, and the nature of Research and Special programs of Exemption application have been shown in earlier Administration, U.S. Department of Transportation, Washington, DC 20590. AGENCY: Research and Special Programs Federal Register publications, they are Administration, DOT. not repeated here. Requests for Comments should refer to the modifications of exemptions (e.g. to application number and be submitted in ACTION: List of applications for triplicate. If confirmation of receipt of modification of exemptions. provide for additional hazardous materials, packaging design changes, comments is desired, include a self- SUMMARY: In accordance with the additional mode of transportation, etc.) addressed stamped postcard showing procedures governing the application are described in footnotes to the the exemption number. for, and the processing of, exemptions application number. Application FOR FURTHER INFORMATION: Copies of the from the Department of Transportation’s numbers with the suffix ‘‘M’’ denote a applications are available for inspection Hazardous Materials Regulations (49 modification request. These in the Records Center, Nassif Building, CFR part 107, subpart B), notice is applications have been separated from 400 7th Street SW, Washington DC.

Modification Application Docket No. Applicant of exemp- No. tion

6299±M ...... MVE, Inc., New Prague, MN (See Footnote 1) ...... 6299 7573±M ...... U.S. Department of Defense (MTMC), Falls Church, VA (See Footnote 2) .. 7573 8723±M ...... Nelson Brothers, Inc., Birmingham, AL (See Footnote 3) ...... 8723 9997±M ...... Hodgdon Powder Co. Inc., Shawnee Mission, KS (See Footnote 4) ...... 9997 10492±M ...... Detroit Water & Sewage Department, Detroit, MI (See Footnote 5) ...... 10492 10938±M ...... Westvaco Corporation, Richmond, VA (See Footnote 6) ...... 10938 11513±M ...... Thiokol Propulsion (Div of Cordant Tech Inc), Brigham City, UT (See Foot- 11513 note 7). 11667±M ...... Weldship Corporation, Bethlehem, PA (See Footnote 8) ...... 11667 12069±M ... RSPA±1998±3829 ...... Compagnie des Containers Reservoirs, Paris, FR (See Footnote 9) ...... 12069 12124±M ... RSPA±1998±4309 ...... Albemarle Corporation, Baton Rouge, LA (See Footnote 10) ...... 12124 12219±M ... RSPA±1999±5127 ...... TRW Space and Electronics Group, Redondo Beach, CA (See Footnote 12219 11).

(1) To modify the exemption to reflect and a change to the onsite bi-directional (10) To modify the exemption to current revision levels on MVE’s derail for tank cars loaded with chlorine provide for design changes of the non- drawings for the manufacture, marking allowed to remain attached to transfer DOT specification portable tank and sale of non-DOT specification connections when the unloading comparable to a specification DOT 51 portable tanks, for the transportation of process is discontinued. portable tank equipped with bottom Division 2.2 materials. (6) To modify the exemption to allow outlet and no internal shutoff valve for (2) To modify the exemption to for Class 8 as an additional class of use in transporting various Division 4.2 provide for Division 1.5 as an additional material in tank cars authorized to and 4.3 hazardous materials. class of material for the transport of remain standing with unloading (11) To reissue the exemption certain hazardous materials presently connections attached when no product originally issued on an emergency basis forbidden or in quantities greater than is being transferred. allowed for cargo-only aircraft. for the transportation of Division 2.2 (7) To modify the exemption to (3) To modify the exemption to materials in non-DOT specification include cyclotrimethylene trinitramine provide for the addition of IM–101 refrigeration systems described as pulse (RDX), Division 1.1, as an additional portable tanks equipped with safety tube coolers. material in limited quantities and under relief devices with lower set point This notice of receipt of applications specially prescribed shipping devices that meet IM–102 set point and conditions in UN 1G fiber drums. for modification of exemptions is capacity requirements for bulk published in accordance with part 107 shipments of certain blasting agents. (8) To modify the exemption to allow of the Federal hazardous materials (4) To modify the exemption to for the testing of DOT–3AA cylinders transportation law (49 U.S.C. 5117(b); provide for Division 4.1 as an additional and the use of Automatic Sensor Test 49 CFR 1.53(b)). class of material for the transport of a kit (AST) method for the transportation of Issued in Washington, DC, on April 19, containing smokeless powder for small certain compressed gases. 1999. arms, percussion caps and (9) To modify the exemption to nonhazardous articles such as lead balls provide for the addition of Class 8 J. Suzanne Hedgepeth, and bore cleaner, in non-DOT material in certain DOT Specification Director, Office of Hazardous Materials specification fiber boxes. IM 101 portable tanks used in dedicated Exemptions and Approvals. (5) To modify the exemption to service with an alternative visual [FR Doc. 99–10244 Filed 4–22–99; 8:45 am] authorize an alternative locking system inspection schedule. BILLING CODE 4910±60±M

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DEPARTMENT OF THE TREASURY The next meeting of the Advisory October 24, 1999 to on or about January Board, all of which will be open to the 16, 2000; the Mingei International Community Development Financial public, will be held at the Treasury Museum, San Diego, CA, from on or Institutions Fund Executive Institute, located at 1255 about March 1, 2000 to on or about July 22nd Street, NW, Suite 500, 15, 2000; The Museum of Fine Arts, Open Meeting of the Community Washington, DC, on Thursday, May 13, Houston, TX, from on or about August Development Advisory Board 1999 at 10:00 a.m. The room will 27, 2000 to on or about January 7, 2001; AGENCY: Community Development accommodate 30 members of the public. the Memphis Brooks Museum of Art, Financial Institutions Fund, Department Seats are available on a first-come, first- Memphis, TN, from on or about of the Treasury. served basis. Participation in the February 15, 2001 to on or about May ACTION: Notice of open meeting. discussions at the meeting will be 15, 2001; and possibly at other U.S. limited to Advisory Board members and venues yet to be identified, is in the SUMMARY: This notice announces the Department of the Treasury staff. national interest. Public Notice of these next meeting of the Community Anyone who would like to have the determinations is ordered to be Development Advisory Board which Advisory Board consider a written published in the Federal Register. provides advice to the Director of the statement must submit it to the Fund, at FOR FURTHER INFORMATION CONTACT: For Community Development Financial the address of the Fund specified above a copy of the list of exhibit items, or for Institutions Fund. in the FOR FURTHER INFORMATION other information, contact Lorie DATES: The next meeting of the CONTACT section, by 4:00 p.m., Monday, Nierenberg, Assistant General Counsel, Community Development Advisory May 11, 1999. Office of the General Counsel at 202/ Board will be held on Thursday, May The meeting will include a report 619–6084. The address is Room 700, 13, 1999 at 10:00 a.m. from Director Lazar on the activities of U.S. Information Agency, 301 4th Street, the CDFI Fund since the last Advisory ADDRESSES: The Community SW., Washington, DC 20547–0001. Board meeting, including programmatic, Development Advisory Board meeting Dated: April 20, 1999. will be held at the Treasury Executive fiscal and legislative initiatives for the year 1999. Les Jin, Institute, 1255 22nd Street, NW., Suite General Counsel. 500, Washington, DC. Authority: 12 U.S.C. 4703; Chapter X, Pub. L. 104–19, 109 Stat. 237. [FR Doc. 99–10358 Filed 4–22–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: The BILLING CODE 8230±01±M Community Development Financial Dated: April 19, 1999. Institutions Fund (the ‘‘Fund’’), U.S. Ellen Lazar, Department of Treasury, 601 13th Street, Director, Community Development Financial Institutions Fund. DEPARTMENT OF VETERANS NW, Suite 200 South, Washington, DC, AFFAIRS 20005, (202) 622–8662 (this is not a toll [FR Doc. 99–10186 Filed 4–22–99; 8:45 am] free number). Other information BILLING CODE 4810±70±P [OMB Control No. 2900±0014] regarding the Fund and its programs Proposed Information Collection may be obtained through the Fund’s Activity: Proposed Collection; website at http://www.treas.gov/cdfi. UNITED STATES INFORMATION Comment Request SUPPLEMENTARY INFORMATION: Section AGENCY 104(d) of the Community Development AGENCY: Veterans Benefits Banking and Financial Institutions Act Culturally Significant Objects Imported Administration, Department of Veterans of 1994 (12 U.S.C. 4703(d)) established for Exhibition Determinations: ``Land Affairs. of Myth and Fire: The Ancient and the Community Development Advisory ACTION: Notice. Board (the ‘‘Advisory Board’’). The Medieval Culture of Georgia'' SUMMARY: charter for the Advisory Board has been AGENCY: United States Information The Veterans Benefits filed in accordance with the Federal Agency. Administration (VBA), Department of Veterans Affairs (VA), is announcing an Advisory Committee Act, as amended (5 ACTION: Notice. U.S.C. App.), and with the approval of opportunity for public comment on the the Secretary of the Treasury. SUMMARY: Notice is hereby given of the proposed collection of certain The function of the Advisory Board is following determinations: Pursuant to information by the agency. Under the to advise the Director of the Fund (who the authority vested in me by the Act of Paperwork Reduction Act (PRA) of has been delegated the authority to October 19, 1965 (79 Stat. 985, 22 U.S.C. 1995, Federal agencies are required to administer the Fund) on the policies 2459), Executive Order 12047 of March publish notice in the Federal Register regarding the activities of the Fund. The 27, 1978 (43 FR 133359, March 29, concerning each proposed collection of Fund is a wholly owned corporation 1978), and Delegation Order No. 85–5 of information, including each proposed within the Department of the Treasury. June 27, 1985 (50 FR 27393, July 2, reinstatement, without change, of a The Advisory Board shall not advise the 1985). I hereby determine that the previously approved collection for Fund on the granting or denial of any objects to be included in the exhibit which approval has expired, and allow particular application for monetary or ‘‘Land of Myth and Fire: The Ancient 60 days for public comment in response non-monetary awards. The Advisory and Medieval Culture of Georgia,’’ to the notice. This notice solicits Board shall meet at least annually. imported from abroad for the temporary comments for information needed to It has been determined that this exhibition without profit within the determine enrollment conditions and to document is not a major rule as defined United States, are of cultural certify pursuit and attendance for in Executive Order 12291 and therefore significance. These objects are imported rehabilitation and special restorative or regulatory impact analysis is not pursuant to loan agreements with specialized vocational training program. required. In addition, this document foreign lenders. I also determine that the DATES: Written comments and does not constitute a rule subject to the exhibition or display of the exhibit recommendations on the proposed Regulatory Flexibility Act (5 U.S.C. objects at The Walters Art Gallery, collection of information should be Chapter 6). Baltimore, MD, from on or about received on or before June 22, 1999.

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ADDRESSES: Submit written comments Frequency of Response: Generally one With respect to the following on the collection of information to time. collection of information, VBA invites Nancy J. Kessinger, Veterans Benefits Estimated Number of Respondents: comments on: (1) Whether the proposed Administration (20S52), Department of 35,000. collection of information is necessary Veterans Affairs, 810 Vermont Avenue, Dated: April 9, 1999. for the proper performance of VBA’s NW, Washington, DC 20420. Please refer By direction of the Secretary. functions, including whether the to ‘‘OMB Control No. 2900–0014’’ in Donald L. Neilson, information will have practical utility; any correspondence. Director, Information Management Service. (2) the accuracy of VBA’s estimate of the FOR FURTHER INFORMATION CONTACT: burden of the proposed collection of [FR Doc. 99–10148 Filed 4–22–99; 8:45 am] Nancy J. Kessinger at (202) 273–7079 or information; (3) ways to enhance the FAX (202) 275–5947. BILLING CODE 8320±01±P quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: Under the information to be collected; and (4) PRA of 1995 (Public Law 104–13; 44 DEPARTMENT OF VETERANS ways to minimize the burden of the U.S.C., 3501–3520), Federal agencies AFFAIRS collection of information on must obtain approval from the Office of respondents, including through the use Management and Budget (OMB) for each [OMB Control No. 2900±0064] of automated collection techniques or collection of information they conduct the use of other forms of information Proposed Information Collection or sponsor. This request for comment is technology. Activity: Proposed Collection; being made pursuant to Section Title: Application for Amounts Due Comment Request 3506(c)(2)(A) of the PRA. Estates of Person Entitled to Benefits, With respect to the following AGENCY: Veterans Benefits VA Form 21–609. collection of information, VBA invites Administration, Department of Veterans OMB Control Number: 2900–0064. comments on: (1) Whether the proposed Affairs. Type of Review: Extension of a collection of information is necessary ACTION: Notice. currently approved collection. for the proper performance of VBA’s Abstract: VA Form 21–609 is used to functions, including whether the SUMMARY: The Veterans Benefits gather the necessary information to information will have practical utility; Administration (VBA), Department of determine the individual(s) who may be (2) the accuracy of VBA’s estimate of the Veterans Affairs (VA), is announcing an entitled to accrued benefits of deceased burden of the proposed collection of opportunity for public comment on the beneficiaries. It would be impossible for information; (3) ways to enhance the proposed collection of certain VA to administer the accrued benefits quality, utility, and clarity of the information by the agency. Under the program without this collection of information to be collected; and (4) Paperwork Reduction Act (PRA) of information. ways to minimize the burden of the 1995, Federal agencies are required to Affected Public: Individuals or collection of information on publish notice in the Federal Register households. respondents, including through the use concerning each proposed collection of Estimated Annual Burden: 375 hours. of automated collection techniques or information, including each proposed Estimated Average Burden Per the use of other forms of information reinstatement, without change, of a Respondent: 30 minutes. technology. previously approved collection for Frequency of Response: On occasion. Title: Authorization and Certification which approval has expired, and allow Estimated Number of Respondents: of Entrance or Reentrance into 60 days for public comment in response 750. Rehabilitation and Certification of to the notice. This notice solicits Dated: April 7, 1999. Status, VA Form 28–1905. comments on the information needed to By direction of the Secretary. OMB Control Number: 2900–0014. determine the individual who may be Type of Review: Reinstatement, entitled to accrued benefits. Donald L. Neilson, Director, Information Management Service. without change, of a previously DATES: Written comments and approved collection for which approval recommendations on the proposed [FR Doc. 99–10149 Filed 4–22–99; 8:45 am] has expired. collection of information should be BILLING CODE 8320±01±P Abstract: The information collected received on or before June 22, 1999. on VA Form 28–1905 ensures that ADDRESSES: Submit written comments veterans or other eligible persons do not DEPARTMENT OF VETERANS on the collection of information to receive benefits for periods when they AFFAIRS Nancy J. Kessinger, Veterans Benefits did not actually begin to participate in Administration (20S52), Department of [OMB Control No. 2900±0068] any rehabilitation or special restorative Veterans Affairs, 810 Vermont Avenue, or specialized vocational training NW, Washington, DC 20420. Please refer Proposed Information Collection program. The information is used by VA to ‘‘OMB Control No. 2900–0064’’ in Activity: Proposed Collection; to establish the correct beginning and any correspondence. Comment Request ending dates for the education, training, or other rehabilitation services and the FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Benefits correct rates for subsistence allowance Nancy J. Kessinger at (202) 273–7079 or Administration, Department of Veterans payments. FAX (202) 275–5947. Affairs. Affected Public: Not-for-profit SUPPLEMENTARY INFORMATION: Under the ACTION: Notice. institutions, Individuals or households, PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Business or other for-profit, farms, 3501–3520), Federal agencies must SUMMARY: The Veterans Benefits Federal Government, and State, Local or obtain approval from the Office of Administration (VBA), Department of Tribal Government. Management and Budget (OMB) for each Veterans Affairs (VA), is announcing an Estimated Annual Burden: 2,917 collection of information they conduct opportunity for public comment on the hours. or sponsor. This request for comment is proposed collection of certain Estimated Average Burden Per being made pursuant to Section information by the agency. Under the Respondent: 5 minutes. 3506(c)(2)(A) of the PRA. Paperwork Reduction Act (PRA) of

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1995, Federal agencies are required to to determine the veteran’s eligibility for FOR FURTHER INFORMATION CONTACT: publish notice in the Federal Register insurance. Nancy J. Kessinger at (202) 273–7079 or concerning each proposed collection of Affected Public: Individuals or FAX (202) 275–5947. information, including each proposed households. SUPPLEMENTARY INFORMATION: Under the reinstatement, without change, of a Estimated Annual Burden: 4250 PRA of 1995 (Pub. L. 104–13; 44 U.S.C., previously approved collection for hours. 3501–3520), Federal agencies must which approval has expired, and allow Estimated Average Burden Per obtain approval from the Office of 60 days for public comment in response Respondent: 40 minutes. Management and Budget (OMB) for each to the notice. This notice solicits Frequency of Response: Generally one collection of information they conduct comments for information needed to time. or sponsor. This request for comment is determine a veteran’s eligibility for Estimated Number of Respondents: being made pursuant to Section Service Disabled Veterans Insurance. 2833. 3506(c)(2)(A) of the PRA. DATES: Written comments and Dated: April 7, 1999. With respect to the following recommendations on the proposed By direction of the Secretary. collection of information should be collection of information, VBA invites Donald L. Neilson, received on or before June 22, 1999. comments on: (1) whether the proposed Director, Information Management Service. collection of information is necessary ADDRESSES: Submit written comments [FR Doc. 99–10150 Filed 4–22–99; 8:45 am] for the proper performance of VBA’s on the collection of information to BILLING CODE 8320±01±P functions, including whether the Nancy J. Kessinger, Veterans Benefits information will have practical utility; Administration (20S52), Department of (2) the accuracy of VBA’s estimate of the Veterans Affairs, 810 Vermont Avenue, DEPARTMENT OF VETERANS burden of the proposed collection of NW, Washington, DC 20420. Please refer AFFAIRS information; (3) ways to enhance the to ‘‘OMB Control No. 2900–0068’’ in quality, utility, and clarity of the any correspondence. [OMB Control No. 2900±0161] information to be collected; and (4) FOR FURTHER INFORMATION CONTACT: Proposed Information Collection ways to minimize the burden of the Nancy J. Kessinger at (202) 273–7079 or Activity: Proposed Collection; collection of information on FAX (202) 275–5947. Comment Request respondents, including through the use SUPPLEMENTARY INFORMATION: Under the of automated collection techniques or PRA of 1995 (Pub. L. 104–13; 44 U.S.C., AGENCY: Veterans Benefits the use of other forms of information 3501–3520), Federal agencies must Administration, Department of Veterans technology. obtain approval from the Office of Affairs. Title: Medical Expense Report, VA Management and Budget (OMB) for each ACTION: Notice. Form 21–8416. collection of information they conduct OMB Control Number: 2900–0161. or sponsor. This request for comment is SUMMARY: The Veterans Benefits being made pursuant to Section Administration (VBA), Department of Type of Review: Reinstatement, 3506(c)(2)(A) of the PRA. Veterans Affairs (VA), is announcing an without change, of a previously With respect to the following opportunity for public comment on the approved collection for which approval collection of information, VBA invites proposed collection of certain has expired. comments on: (1) Whether the proposed information by the agency. Under the Abstract: Title 38, CFR 3.272 provides collection of information is necessary Paperwork Reduction Act (PRA) of that a claimant’s countable income for for the proper performance of VBA’s 1995, Federal agencies are required to Improved Pension purposes can be functions, including whether the publish notice in the Federal Register reduced if the individual pays information will have practical utility; concerning each proposed collection of unreimbursed medical expenses. These (2) the accuracy of VBA’s estimate of the information, including each proposed expenses may be deducted from burden of the proposed collection of reinstatement, without change, of a otherwise countable in determining the information; (3) ways to enhance the previously approved collection for rate of VA benefits payable. VA Form quality, utility, and clarity of the which approval has expired, and allow 21–8416 is used to report unreimbursed information to be collected; and (4) 60 days for public comment in response medical expenses paid by claimants. ways to minimize the burden of the to the notice. This notice solicits Affected Public: Individuals or collection of information on comments on the information needed to households. respondents, including through the use report medical expenses paid by Estimated Annual Burden: 48,200 of automated collection techniques or claimants in connection with claims for hours. the use of other forms of information pension and other income-based technology. benefits. Estimated Average Burden Per Title: Application for Service- DATES: Written comments and Respondent: 30 minutes. Disabled Insurance, VA Form 29–4364. recommendations on the proposed Frequency of Response: Generally one OMB Control Number: 2900–0068. collection of information should be time. Type of Review: Reinstatement, received on or before June 22, 1999. Estimated Number of Respondents: without change, of a previously ADDRESSES: Submit written comments 96,400. approved collection for which approval on the collection of information to Dated: April 9, 1999. has expired. Nancy J. Kessinger, Veterans Benefits Abstract: The form is used by veterans Administration (20S52), Department of By direction of the Secretary. to apply for Service Disabled Veterans Veterans Affairs, 810 Vermont Avenue, Donald L. Neilson, Insurance, to designate a beneficiary NW, Washington, DC 20420. Please refer Director, Information Management Service. and to select an optional settlement. The to ‘‘OMB Control No. 2900–0161’’ in [FR Doc. 99–10151 Filed 4–22–99; 8:45 am] data collected on the form is used by VA any correspondence. BILLING CODE 8320±01±P

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DEPARTMENT OF VETERANS respondents, including through the use ACTION: Notice. AFFAIRS of automated collection techniques or the use of other forms of information SUMMARY: The Veterans Benefits [OMB Control No. 2900±0208] technology. Administration (VBA), Department of Veterans Affairs (VA), is announcing an Proposed Information Collection Title and Form Numbers: a. Daily Log—Formal Contract, VA opportunity for public comment on the Activity: Proposed Collection; proposed collection of certain Comment Request Form 10–6131. b. Architect—Engineer Fee Proposal, information by the agency. Under the AGENCY: Veterans Health VA Form 10–6298. Paperwork Reduction Act (PRA) of Administration, Department of Veterans c. Supplement to SF 129, Solicitation 1995, Federal agencies are required to Affairs. Mailing List Application, VA Form publish notice in the Federal Register ACTION: Notice. 6299. concerning each proposed collection of OMB Control Number: 2900–0208. information, including each proposed SUMMARY: The Veterans Health Type of Review: Reinstatement, revision of a currently approved Administration (VHA) is announcing an without change, of a previously collection, and allow 60 days for public opportunity for public comment on the approved collection for which approval comment in response to the notice. This proposed collection of certain has expired. notice solicits comments for information information by the agency. Under the Abstract: needed to determine eligibility for an Paperwork Reduction Act (PRA) of a. VA Form10–6131 is used to education loan. 1995, Federal agencies are required to disseminate information to potential DATES: Written comments and publish notice in the Federal Register contractors about the type and volume recommendations on the proposed concerning each proposed collection of to be done at VA facilities and to collection of information should be information, including each proposed compile a list of potential bidders. received on or before June 22, 1999. b. VA Form 10–6298 is completed by reinstatement of a previously approved ADDRESSES: Submit written comments the contractor to guarantee the collection for which approval has on the collection of information to performance of the work necessary to expired, and allow 60 days for public Nancy J. Kessinger, Veterans Benefits complete the project. comment in response to the notice. This Administration (20S52), Department of c. VA Form 10–6299 is used to assure notice solicits comments on information Veterans Affairs, 810 Vermont Avenue, the contractor provides sufficient labor needed to notify contractors of available NW, Washington, DC 20420. Please refer and materials to accomplish the work, solicit and evaluate bids and to ‘‘OMB Control No. 2900–0236’’ in contracted work. monitor work in progress. any correspondence. DATES: Written comments and Affected Public: Business or other for- profit, and State, Local or Tribal FOR FURTHER INFORMATION CONTACT: recommendations on the proposed Nancy J. Kessinger at (202) 273–7079 or collection of information should be Government. Estimated Total Annual Burden: FAX (202) 275–5947. received on or before June 22, 1999. 7,400 hours. SUPPLEMENTARY INFORMATION: Under the ADDRESSES: Submit written comments a. VA Form10–6131—3,600 hours. PRA of 1995 (Pub. L. 104–13; 44 U.S.C., on the collection of information to Ann b. VA Form 10–6298—800 hours. 3501–3520), Federal agencies must Bickoff, Veterans Health Administration c. VA Form 10–6299—3,000. obtain approval from the Office of (191A1), Department of Veterans Estimated Average Burden Per Management and Budget (OMB) for each Affairs, 810 Vermont Avenue, NW, Respondent: collection of information they conduct Washington, DC 20420. Please refer to a. VA Form10–6131—12 minutes. or sponsor. This request for comment is ‘‘OMB Control No. 2900–0208’’ in any b. VA Form 10–6298—4 hours. being made pursuant to Section correspondence. c. VA Form 10–6299—1 hour. 3506(c)(2)(A) of the PRA. FOR FURTHER INFORMATION CONTACT: Ann Frequency of Response: On occasion. With respect to the following Bickoff at (202) 273–8310. Estimated Total Number of collection of information, VBA invites SUPPLEMENTARY INFORMATION: Under the Respondents: 21,200. comments on: (1) whether the proposed PRA of 1995 (Pub. L. 104–13; 44 U.S.C., a. VA Form10–6131—18,000. collection of information is necessary b. VA Form 10–6298—200. 3501–3520), Federal agencies must for the proper performance of VBA’s c. VA Form 10–6299—3,000. obtain approval from the Office of functions, including whether the Management and Budget (OMB) for each Dated: April 7, 1999. information will have practical utility; collection of information they conduct By direction of the Secretary. (2) the accuracy of VBA’s estimate of the or sponsor. This request for comment is Donald L. Neilson, burden of the proposed collection of being made pursuant to Section Director, Information Management Service. information; (3) ways to enhance the 3506(c)(2)(A) of the PRA. [FR Doc. 99–10152 Filed 4–22–99; 8:45 am] quality, utility, and clarity of the With respect to the following BILLING CODE 8320±01±P information to be collected; and (4) collection of information, VHA invites ways to minimize the burden of the comments on: (1) whether the proposed collection of information on collection of information is necessary DEPARTMENT OF VETERANS respondents, including through the use for the proper performance of VHA’s AFFAIRS of automated collection techniques or functions, including whether the the use of other forms of information [OMB Control No. 2900±0236] information will have practical utility; technology. (2) the accuracy of VHA’s estimate of Proposed Information Collection Title: Application for Education Loan, the burden of the proposed collection of Activity: Proposed Collection; VA Form 22–8725. information; (3) ways to enhance the Comment Request OMB Control Number: 2900–0236. quality, utility, and clarity of the Type of Review: Revision of a information to be collected; and (4) AGENCY: Veterans Benefits currently approved collection. ways to minimize the burden of the Administration, Department of Veterans Abstract: This form requests collection of information on Affairs. information needed to determine

VerDate 23-MAR-99 18:22 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.XXX pfrm07 PsN: 23APN1 20062 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices eligibility for an education loan. VA Administration (20S52), Department of DEPARTMENT OF VETERANS uses the information to determine Veterans Affairs, 810 Vermont Avenue, AFFAIRS whether an eligible student’s education- NW, Washington, DC 20420. Please refer related expenses will exceed his or her to ‘‘OMB Control No. 2900–0492’’ in Voluntary Service National Advisory financial resources during a specific any correspondence. Committee, Notice of Meeting enrollment period. The amount of the FOR FURTHER INFORMATION CONTACT: The Department of Veterans Affairs education may not be more than the Nancy J. Kessinger at (202) 273–7079 or gives notice under Public Law 92–463 difference between an applicant’s FAX (202) 275–5947. that the annual meeting of the education-related expenses and his or Department of Veterans Affairs SUPPLEMENTARY INFORMATION: Under the her available financial resources. Voluntary Service National Advisory PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Without this information, VA might Committee (NAC) will be held at the 3501—3520), Federal agencies must underpay or overpay the amount of an Richmond Marriott Hotel, 500 East obtain approval from the Office of education loan. Broad Street, Richmond, Virginia, May Affected Public: Individuals or Management and Budget (OMB) for each 5–8, 1999. The meeting begins with households. collection of information they conduct participant registration from 10:00 a.m. Estimated Annual Burden: 20 hours. or sponsor. This request for comment is to 5:00 p.m. on Tuesday, May 4, and Estimated Average Burden Per being made pursuant to Section from 8:00 a.m. to 5:00 p.m. on Respondent: 40 minutes. 3506(c)(2)(A) of the PRA. Frequency of Response: Generally one Wednesday, May 5, through Friday, With respect to the following May 7, 1999, in the Upper Level time. collection of information, VBA invites Estimated Number of Respondents: Coatroom. comments on: (1) whether the proposed 30. The committee, comprised of fifty collection of information is necessary nine national voluntary organizations, Dated: April 7, 1999. for the proper performance of VBA’s advises the Under Secretary for Health By direction of the Secretary. functions, including whether the and other members of the Department of Donald L. Neilson, information will have practical utility; Veterans Affairs Central Office staff on Director, Information Management Service. (2) the accuracy of VBA’s estimate of the how to coordinate and promote [FR Doc. 99–10153 Filed 4–22–99; 8:45 am] burden of the proposed collection of volunteer activities within VA facilities. BILLING CODE 8320±01±P information; (3) ways to enhance the The primary purposes of this meeting quality, utility, and clarity of the are: to provide for committee review of information to be collected; and (4) volunteer policies and procedures; to DEPARTMENT OF VETERANS ways to minimize the burden of the accommodate full and open AFFAIRS collection of information on communications between the respondents, including through the use [OMB Control No. 2900±0492] organizations, representatives and the of automated collection techniques or Voluntary Service Office and field staff; Proposed Information Collection the use of other forms of information to provide educational opportunities Activity: Proposed Collection; technology. geared towards improving volunteer Comment Request Title: VAMATIC Authorization, VA programs with special emphasis on Form 29–0532–1. methods to recruit, retain, motivate and AGENCY: Veterans Benefits OMB Control Number: 2900–0492. recognize volunteers; and to approve Administration, Department of Veterans committee recommendations. Affairs. Type of Review: Reinstatement, On Tuesday, May 4, 1999, VAVS ACTION: Notice. without change, of a previously Field Staff will meet from 2:00 p.m. approved collection for which approval until 4:00 p.m. in Salon E. The National SUMMARY: The Veterans Benefits has expired. Executive Committee will meet on Administration (VBA), Department of Abstract: The form is used by Wednesday, May 5, from 8:00 a.m. until Veterans Affairs (VA), is announcing an policyholders to authorize deductions 12:00 p.m. in Salon E. The Richmond opportunity for public comment on the from their bank accounts to pay VA Medical Center will provide a proposed collection of certain insurance premiums. The information Health Fair from 8:00 a.m.–1:00 p.m. in information by the agency. Under the collected is used by VA to process the Foyer A–D. There will be an orientation Paperwork Reduction Act (PRA) of policyholder’s request. for new members from 1:00 p.m. until 1995, Federal agencies are required to Affected Public: Individuals or 2:30 p.m. in Salon E, and from 3:00 p.m. publish notice in the Federal Register households. until 4:30 p.m. there will be an open concerning each proposed collection of forum in Salon E. Opening ceremonies information, including each proposed Estimated Annual Burden: 1,500 hours. will begin at 6:00 p.m. featuring Dr. reinstatement, without change, of a Kenneth Kizer, M.D., M.P.H, as keynote previously approved collection for Estimated Average Burden Per speaker. A reception from 7:00 p.m. to which approval has expired, and allow Respondent: 30 minutes. 8:00 p.m. is planned for all participants 60 days for public comment in response Frequency of Response: Generally one in Salon F–J. to the notice. This notice solicits time. On Thursday, May 6, 1999, there will comments for information needed to Estimated Number of Respondents: be a Business Session from 8:30 a.m. process a policyholder’s request. 3,000. until 10:15 a.m. in Salon A–E. A plenary DATES: Written comments and session on End of Life Care will be Dated: April 6, 1999. recommendations on the proposed conducted by Judy Salerno from 10:30 collection of information should be By direction of the Secretary. a.m. to 11:30 a.m. in Salon A–E. received on or before June 22, 1999. Donald L. Neilson, Repeating educational workshops will ADDRESSES: Submit written comments Director, Information Management Service. be presented from 1:00 p.m.–2:30 p.m. on the collection of information to [FR Doc. 99–10154 Filed 4–22–99; 8:45 am] and 2:45 p.m.–4:15. The workshop Nancy J. Kessinger, Veterans Benefits BILLING CODE 8320±01±P topics include: Community Based

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Volunteer Programs, Salon 4; ‘‘Today’s repeated from 10:30 a.m.–12:30 p.m. The meeting is open to the public. Students—Tomorrows Leaders’’ and from 3:00 p.m.–4:30 p.m., rooms Individuals interested in attending are Workshop, Salon 5; Final Salute remain the same as on Thursday. The encouraged to contact: Ms. Laura Balun, Workshop, Salon 6–8, and No One Need James H. Parke luncheon will be held Administrative Officer, Voluntary Die Alone Workshop, Monroe. from 12:30 p.m.–2:00 p.m. in Salon F– Service Office (10C2), Department of On Thursday evening from 5:00 p.m. J, honoring the 1999 recipient of the Veterans Affairs, 810 Vermont Avenue, to 7:30 p.m. the Richmond VA Medical James H. Parke Scholarship. NW, Washington, DC, 20420, (202) 273– Center and Veterans Canteen Service are On the morning of Saturday, May 8, 8392. sponsoring a barbecue and tours of the 1999, the NAC will hold a Business VA Medical Center. Session from 8:30 a.m.–11:30 a.m. in Dated: April 14, 1999. On Friday, May 7, 1999, a NAC Salon A–E. A critique of the meeting By direction of the Secretary. Business Session will be held from 8:30 will be held from 11:30 a.m.–12:30 p.m. Heyward Bannister, a.m. – 9:30 a.m, followed by plenary in Salon 4–5. A closing celebration Committee Management Officer. session conducted by Dr. Alfonso honoring the NAC Volunteers of the [FR Doc. 99–10147 Filed 4–22–99; 8:45 am] Batres, on Vet Centers, in Salon A–E. Year will be held in Salon F–J, The educational workshops will be beginning at 6:00 p.m. BILLING CODE 8320±01±M

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DEPARTMENT OF COMMERCE PTFP, Room 4625, 1401 Constitution KCAW(FM), Sitka; KRBD(FM), Ave., N.W., Washington, D.C. 20230. Ketchikan; and KSTK(FM), Wrangell. National Telecommunications and The Agency will incorporate all File No. 99098CRB, Raven Radio Information Administration comments from the public and any Foundation, Inc., 2B Lincoln St., Sitka, replies from the applicant in the AK 99835. Contact: Ms. Lisa Herwald, [Docket Number: 981028269±9093±02] applicant’s official file. Chief Operating Officer, (907) 747–5877. RIN 0660±ZA05 Alaska Funds Requested: $32,744. Total Project Cost: $43,659. To replace an obsolete, File No. 99069CRB, Rainbird failing 18-year-old transmitter at public Public Telecommunications Facilities Community Broadcasting Corporation, Program (PTFP) radio station KCAW(FM), which 123 Stedman Street, Ketchikan, AK operates on 104.7 MHz in Sitka, AK. AGENCY: National Telecommunications 99901. Contact: Ms. Mary White, File No. 99129CRB, Koahnic General Manager, (907) 225–9655. and Information Administration, Broadcast Corporation, 818 E 9th Funds Requested: $42,494. Total Project Commerce. Avenue, Anchorage, AK 99501. Contact: Cost: $56,659. To replace the obsolete ACTION: Notice of applications received. Ms. Jaclyn Sallee, President & CEO, 23-year-old transmitter at public radio (907) 258–8880. Funds Requested: station KRBD(FM), which operates on SUMMARY: The National $103,555. Total Project Cost: $138,073. 105.9 MHz in Ketchikan, AK. Telecommunications and Information To improve the studio production Administration (NTIA) previously File No. 99070CRB, Wrangell Radio Group, Inc., 202 St. Michael St., capabilities of public radio station announced the solicitation of grant KNBA(FM), which operates on 90.3 applications for the Public Wrangell, AK 99929. Contact: Ms. Elizabeth Peterman, General Manager, MHz in Anchorage. KNBA(FM) is a Telecommunications Facilities Program Native-owned station that targets its (PTFP). This notice announces the list (907) 874–2345. Funds Requested: $38,969. Total Project Cost: $51,959. To programming for Native people not only of applications received and notifies any in Anchorage but also, via satellite interested party that it may file replace an obsolete and worn-out 20- year-old transmitter at public radio distribution, throughout Alaska and comments with the Agency supporting nationwide. The project would purchase or opposing an application. station KSTK(FM), which operates on 101.7 MHz in Wrangell, AK. four additional workstations, upgrade FOR FURTHER INFORMATION CONTACT: File No. 99086CRB, University of the station’s storage capacity, ensure William Cooperman, Acting Director, Alaska/Fairbanks, 201 Theatre Building, Y2K compliance of its current Dalet Public Telecommunications Facilities Fairbanks, AK 997755620. Contact: Mr. automation system, upgrade the Program, telephone: (202) 482–5802; Jerry Brigham, General Manager, (907) production equipment in the station’s fax: (202) 482–2156. Information about 474–7508. Funds Requested: $25,951. existing studios, and create a new the PTFP can also be obtained Total Project Cost: $51,903. To replace production/recording room to provide electronically via Internet (send worn-out and obsolete studio production facilities that must now be inquiries to http://www.ntia.doc.gov). production equipment at public radio rented. SUPPLEMENTARY INFORMATION: By station KUAC(FM), which operates on File No. 99130PRB, Koahnic Federal Register notice dated November 89.9 MHz in Fairbanks, AK, and which Broadcast Corporation, 818 East 9th 6, 1998, the NTIA, within the is licensed to the University of Alaska. Avenue, Anchorage, AK 99501. Contact: Department of Commerce, announced The project would purchase a hard disk Ms. Jaclyn Sallee, President & CEO, that it was soliciting grant applications record/playback system, two digital, (907) 258–8880. Funds Requested: for the Public Telecommunications dual-line, auto-nulling telephone $38,670. Total Project Cost: $94,858. To Facilities Program (PTFP). NTIA hybrids, and six computerized audio assist the Koahnic Broadcast announced that the closing date for editing systems. Corporation to plan how best to relocate receipt of PTFP applications was 8 p.m. File No. 99097CRB, CoastAlaska, Inc., the studios of its public radio station, EST, January 14, 1999. 360 Egan Drive, Juneau, AK 99801. KNBA(FM), which operates on 90.3 In all, the PTFP received 252 Contact: Mr. James Waste, Executive MHz in Anchorage, AK. The Koahnic applications from 48 states and Director, (907) 463–6420. Funds Broadcast Corporation is a Native- territories. The total amount of funds Requested: $61,320. Total Project Cost: owned entity. KNBA(FM) offers requested by the applicants is $74.8 $81,760. To replace inadequate, obsolete programming targeted to Native people million. and aging automation systems at two not only in Anchorage but also, via Notice is hereby given that the PTFP public radio stations in southeast satellite distribution, throughout Alaska received applications from the following Alaska: KFSK(FM), Petersburg, and and nationwide. organizations. The list includes all KTOO(FM), Juneau. The project would File No. 99151CRB, Unalakleet applications received. Identification of purchase new digital storage and Broadcasting, Inc., P.O. Box 178, any application only indicates its automation systems for the two stations. Unalakleet, AK 99684. Contact: Mr. receipt. It does not indicate that it has The new systems would allow Henry Ivanoff, General Manager, (907) been accepted for review, has been KFSK(FM) and KTOO(FM) to 624–3745. Funds Requested: $85,302. determined to be eligible for funding, or participate fully in their regional Total Project Cost: $113,737. To that an application will receive an network, which is part of Alaska’s improve the transmission and award. Satellite Interconnection Project (SIP). interconnection facilities at public radio Any interested party may file CoastAlaska, Inc. is a consortial effort of station KNSA(AM), in Unalakleet, AK. comments with the Agency supporting the five public radio stations in The project would replace KNSA(AM)’s or opposing an application and setting Southeast Alaska. CoastAlaska, Inc. 17-year-old transmitter and would help forth the grounds for support or provides centralized administrative, the station purchase a satellite receive- opposition. PTFP will forward a copy of development, membership, engineering, only earth station. The latter would any opposing comments to the and news programming support services allow the station to have access to applicant. Comments must be sent to to its member-stations. The three other statewide and nationally-distributed PTFP at the following address: NTIA/ stations in the consortium are: programming.

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File No. 99170CRB, Alaska Public 59 FM analog demodulators with digital Indian Reservation, the Tohono Radio Network, 810 East 9th Avenue, encoders and decoders and add MPEG O’odham Nation Indian Reservation, at Anchorage, AK 99501. Contact: Ms. II equipment. The project will ensure Sells, and the San Carlos Apache Indian Tammy Gilstrap, Business Manager, continued public television service to Reservation. The addition of these sites (907) 277–2776. Funds Requested: 4.2 million residents of Alabama and would require expansion of NAUNet $54,225. Total Project Cost: $72,300. To will assist in the state’s conversion to network routing equipment at the improve the studio production facilities digital technologies. system’s Flagstaff and Phoenix hubs. of the Alaska Public Radio Network File No. 99087CRB, Arizona Board of Arkansas (APRN). The APRN is a nonprofit Regents for and on behalf of Northern organization that, from its Anchorage File No. 99055CTB, Arkansas Arizona University, Building 83, studios, provides programming, Educational Television Commission, Flagstaff, AZ 86011. Contact: Mr. John representation, and satellite distribution 350 S. Donaghey, Conway, AR 72032. Stark, General Manager, (520) 523–5628. to its 29 public radio member-stations Contact: Ms. Susan Howarth, Executive Funds Requested: $86,762. Total Project statewide. The project would upgrade Director, (501) 682–2386. Funds Cost: $115,683. To activate a 3 KW APRN’s digital audio processing system Requested: $178,842. Total Project Cost: repeater/satellite public radio station on to make it Y2K compliant and purchase $357,685. To improve the state’s public 90.3 MHz, in Grand Canyon Village. an ISDN transmitter/receiver, a TV network by replacing old, obsolete Station will repeat the signal of KNAU– telephone hybrid, eight minidisc origination equipment. New equipment FM, Flagstaff, and will provide a first portable recorders, and six minidisc includes prompters, lighting system, public radio service to about 4,257 studio recorders. camera pedestals and an audio mixer. people. File No. 99179CRB, Kuskokwim Network serves about 2.35 million File No. 99128PRB, Tohono O’odham Public Broadcasting Corporation, Mile people. Nation, P.O. Box 835, Sells, AZ 85634. 389 Iditarod Trail, McGrath, AK 99627. File No. 99248CRB, Arkansas Contact: Mr. Alex Ritchie, Executive Contact: Ms. Amie Hind, General Broadcasting Foundation, 2101 S. Main Assistant, (520) 383–2028. Funds Manager, (907) 561–9234. Funds Street, Little Rock, AR 72206. Contact: Requested: $29,526. Total Project Cost: Requested: $34,305. Total Project Cost: Ms. Valerie Coffin, Station Manager, $80,710. To plan for a new public radio $75,741. To improve the studio (501) 372–6119. Funds Requested: station to serve about 20,000 people on production and interconnection $68,925. Total Project Cost: $93,925. To the 2.8 million acres of the Tohono facilities of public radio station improve public radio station KABF–FM, O’Odham Nation in Sells, Arizona. KSKO(AM), which brings the sole such 88.3 MHz, in Little Rock by replacing File No. 99132CTB, Arizona Board of signal to the 6,000 residents of McGrath, old, worn out dissemination and Regents for Benefit of University of AK. The project would replace a 20- origination equipment including remote Arizona, University of Arizona, Tucson, year-old satellite receive-only earth control, studio-to-transmitter link, coax AZ 85721. Contact: Mr. Ronald Stewart, station, a power generator at the cable, consoles, speakers, microphones Associate Director, (520) 621–5828. station’s transmission site, and diverse and similar equipment. KABF–FM Funds Requested: $251,298. Total items of studio equipment. serves about 623,000 people. The Little Project Cost: $502,596. To improve File No. 99244PRTBN, Tanana Chiefs Rock area is also served by several other public television station KUAT–TV, Ch. Conference, Inc., 122 First Avenue, public radio stations. 6, in Tucson by replacing field Fairbanks, AK 99701. Contact: Mr. acquisiton cameras, video cassette Arizona Alfred Ketzler, Chief Administrative recorders (VCR’s) and the master control Officer, (907) 452–8251. Funds File No. 99008CTB, Arizona Board of VCR with a video server. The new Requested: $59,066. Total Project Cost: Regents in behalf of Arizona State digital equipment will allow KUAT–TV $67,866. To help the Tanana Chiefs University, Box 871405, Tempe, AZ and its satellite station KUAS–TV, to Conference, Inc., Fairbanks, AK, plan 852874505. Contact: Mr. Larry Fallis, provide quality local programming to for possible activation of tribally-owned Sponsored Projects Officer, (602) 965– approximatley 690,000 people. public radio, public television, and 1415. Funds Requested: $1,395,000. distance learning facilities to serve the Total Project Cost: $2,790,000. To assist California needs of the 14,000 Alaskan Natives in the digital conversion for KAET–DT, File No. 99006CTB, Valley Public who reside in the State’s vast Interior Ch. 29, Phoenix, by purchasing a DTV Television, Inc., 1544 Van Ness Avenue, Region. The Tanana Chiefs Conference, transmitter, antenna, transmission line, Fresno, CA 93721. Contact: Mr. Colin Inc. is a consortium of 42 tribal villages digital microwave, digital master Dougherty, General Manager/Exec. Dir., that are located throughout an area of control, test and monitoring equipment. (559) 266–1800. Funds Requested: 235,000 square miles, which represents KAET–TV, Ch. 8, Phoenix, currently $181,765. Total Project Cost: $363,531. approximately 39% of the entire State of serves about 3.5 million people. To improve public television station Alaska. File No. 99056ICTN, Arizona Board of KVPT–TV, Channel 18 in Fresno, CA, Regents for and on Behalf of Northern by replacing obsolete master control Alabama Arizona University, Old Main, Bldg 10, equipment with digital capable units, File No. 99085CTB, Alabama Room 209 Flagstaff, AZ 86011. Contact: including a video server, a non-linear Educational Television Commission, Mr. Edward Groenhout, VP for Strategic editing system and a routing switcher. 2112 11th Avenue, South Birmingham, Initiatives, (520) 523–1805. Funds The station serves a population of over AL 352052884. Contact: Mr. Philip Requested: $1,403,838. Total Project 2.2 million people in the San Joaquin Hutcheson, Deputy Director/CFO, (205) Cost: $1,871,784. To expand the Valley. 328–8756. Funds Requested: $810,667. interactive instructional television File No. 99027CRB, San Bernardino Total Project Cost: $1,621,334. To network (NAUNet) of Northern Arizona Community College District, 701 S. Mt. improve the statewide microwave University, Flagstaff, from existing hubs Vernon Avenue, San Bernardino, CA system operated by the applicant which to three remote locations on Indian 92410. Contact: Mr. Lew Warren, interconnects the state’s nine public Reservations in Arizona. The receive General Manager, (909) 888–6511. television stations. The project will sites would be placed at the Tsaile Funds Requested: $77,445. Total Project replace 60 FM analog modulators and Campus of Dine’ College on the Navajo Cost: $154,890. To improve public radio

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.047 pfrm08 PsN: 23APN2 20068 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices station KVCR–FM, operating on 91.9 Mr. Mark Schubb, General Manager, station KCET–TV, Channel 28 in Los MHz in San Bernardino, CA, by (818) 985–2711. Funds Requested: Angeles, CA, to digital broadcasting on increasing power and replacing its $247,704. Total Project Cost: $495,408. Channel 59 by purchasing a transmitter, antenna, transmitter and associated test To improve public radio station KPFK– antenna, transmission line, STL, equipment. The station serves a FM, operating on 90.7 MHz in North encoder and test equipment. The station population of over 2.5 million people in Hollywood, CA, by replacing the serves a population of over 18 million the Riverside/San Bernardino market. obsolete and failing transmission chain people. File No. 99031CTB, Board of Trustees, and worn out origination equipment, File No. 99140CTB, Los Angeles Coast Community College District, including two 23-year-old transmitters, Unified School District, 1061 West 15751 Gothard Sreet, Huntington Beach, a 40-year-old tower and antenna, control Temple Street, Los Angeles, CA 90012. CA 92647. Contact: Mr. Mel Rogers, room mixing boards, recorders, CD Contact: Mr. Tom Mossman, Station President, (714) 895–5623. Funds players and microphones. The station Manager, (213) 625–6958. Funds Requested: $142,779. Total Project Cost: serves a population of over 13.8 million Requested: $156,391. Total Project Cost: $285,558. To improve public television people in Greater Los Angeles. $312,781. To improve public television station KOCE–TV, Channel 50 in File No. 99082CTB, KTEH–TV station KLCS–TV, Channel 58 in Los Huntington Beach, CA, by replacing Foundation, 1585 Schallenberger Road, Angeles, CA, by replacing obsolete and obsolete and unreliable 3⁄4-inch U-matic San Jose, CA 95131. Contact: Mr. Gary failing master control equipment with videotape machines with ten state-of- Martinez, Grants Associate, (408) 795– digital units, including videotape the-art Panasonic DVC Pro digital VTRs. 5412. Funds Requested: $674,191. Total machines, a video server, a still storer The station serves a population of 8.2 Project Cost: $898,922. To extend the and a character generator. The station million people. signal and broadcast services of KTEH– serves a population of over 12 million File No. 99043CTB, KVIE, Inc., P.O. TV, Channel 54 in San Jose, CA, by people. Box 6, Sacramento, CA 95833. Contact: reactivating KCAH–TV, Channel 25 in File No. 99142CRB, Fresno Free Mr. Michael Wall, Director of Watsonville. The station is expected to College Foundation, 1449 N. Wishon Engineering, (916) 923–7474. Funds serve approximately 1.2 million Avenue, Fresno, CA 93728. Contact: Mr. Requested: $1,600,842. Total Project residents of Salinas, Monterey and Victor Bedoian, Executive Director, Cost: $3,201,684. To convert public Santa Cruz. The project will aquire (559) 233–2221. Funds Requested: station KVIE–TV, Channel 6 in DTV-capable equipment to replace $5,315. Total Project Cost: $10,630. To Sacramento, CA, to digital broadcasting KCAH’s transmitter, antenna, STL and improve public radio station KFCF–FM, on DTV Channel 53 by purchasing transmission line. KTEH serves a operating on 88.1 MHz in Fresno, CA, digital equipment including antenna, population of over 6.2 million people in by replacing the 38-year-old transmitter. transmission line, digital transmitter, 14 northern California counties. The station serves a population of over STL digital microwave, digital test File No. 99088CTB, KTEH–TV 600,000 people. equipment and upconverters. The Foundation, 1585 Schallenberger Road, File No. 99161CRB, Humboldt State station serves a population of over 4.3 San Jose, CA 95131. Contact: Mr. Gary University, Humboldt State University, million people in North Central Martinez, Grants Associate, (408) 795– Arcata, CA 95521. Contact: Terry Green, California. 5412. Funds Requested: $558,310. Total Assistant Manager/Chief Engine, (707) File No. 99057CRB, Santa Monica Project Cost: $1,116,620. To improve 826–3979. Funds Requested: $13,175. Community College District, 1900 Pico public television station KTEH–TV, Total Project Cost: $26,350. To improve Blvd., Santa Monica, CA 90405. Contact: Channel 54 in San Jose, CA, by public radio station KHSU–FM, Ms. Ruth Seymour, General Manager, replacing the 25-year-old transmitter, operating on 90.5 MHz in Arcata, CA, by (310) 450–5183. Funds Requested: antenna, STL and transmission line replacing failing analog two-track $135,990. Total Project Cost: $181,320. with DTV-ready equipment. The station recorders and the production console To expand the broadcast services of serves a population of over 6.2 million with a digital audio workstation and a KCRW–FM, operating on 89.9 MHz in in Northern California. digital, 8 channel audio console unit. Santa Monica, by constructing a full File No. 99122CRB, Radio Bilingue, The station serves a population of over power, repeater station in Mojave, Inc., 5005 E. Belmont, Fresno, CA 135,000 people. California. The new station, KCRI–FM 93727. Contact: Mr. Hugo Morales, File No. 99164CRB, KQED, Inc., 2601 will operate on 88.1 MHz and will Executive Director, (204) 455–5757. Mariposa Street, San Francisco, CA provide first public radio services to Funds Requested: $133,541. Total 94110. Contact: Ms. Jo Anne Wallace, over 32,000 residents of the Antelope Project Cost: $178,055. To improve Vice Pres. & General Mgr., (415) 553– Valley. public radio station KSJV–FM, 91.5 2296. Funds Requested: $253,152. Total File No. 99062ICTN, Monterey MHz in Fresno, and KMPO–FM, 88.7 Project Cost: $506,304. To improve County Office of Education, 901 Blanco MHz in Modesto, CA, by replacing both public radio station KQED–FM, Circle, Salinas, CA 93901. Contact: Mr. transmitters and associated equipment. operating on 88.5 MHz in San Michael Mellon, Director, Instruct. In addition, the KSJV studio facility will Francisco, CA, by replacing analog Resources, (831) 755–0383. Funds be upgraded by replacing analog recording and playback equipment and Requested: $408,982. Total Project Cost: equipment with digital equipment, related production hardware with an a $968,842. To extend the ITFS-based including an audio console, CD players Audiovault digital storage and delivery distance learning system of the and recorders/playback units. The system. The station serves a population Monterey County Office of Education, stations serve a Spanish-speaking of over 6 million people. Salinas, CA, to San Benito and San Luis population of over 100,000 people. File No. 99165CRB, University of Obispo Counties and to expand the File No. 99133CTB, Community Southern California, 3716 South Hope already-existing system in Monterey and Television of Southern California, 4401 Street, Suite 26, Los Angeles, CA 90007. Santa Cruz Counties to presently- Sunset Boulevard, Los Angeles, CA Contact: Ms. Brenda Pennell, General unserved audiences. 90027. Contact: Mr. Donald Youpa, Manager, (213) 514–1450. Funds File No. 99081CRB, KPFK Pacifica Exec. VP & COO, (323) 953–5210. Funds Requested: $84,200. Total Project Cost: Radio, 3729 Cahuenga Boulevard West, Requested: $1,440,685. Total Project $168,400. To improve public radio North Hollywood, CA 91604. Contact: Cost: $1,920,914. To convert public station KUSC–FM, 91.5 MHz in Los

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Angeles, CA, by upgrading the master workstations and four digital audio edit File No. 99232CRB, University of control and the production studios to systems. The station serves a population Southern California, 3716 South Hope digital technology, including consoles, of over 1.5 million people. Street Suite 26 Los Angeles, CA 90007. production/storage workstations, CD File No. 99206CTB, KQED, Inc., 2601 Contact: Ms. Brenda Pennell, General players and miniDisc player/recorders. Mariposa Street San Francisco, CA Manager, (213) 514–1450. Funds The station serves a population of 94110. Contact: Ms. Jayme Burke, Requested: $267,144. Total Project Cost: approximately 12 million people. Development Associate, (415) 553–2174. $534,288. To improve public radio File No. 99168CRB, University of Funds Requested: $398,086. Total station KUSC–FM, operating on 91.5 Southern California, 3716 South Hope Project Cost: $796,173. To continue the MHz in Los Angeles, CA, by replacing Street, Suite 26, Los Angeles, CA 90007. conversion to digital broadcasting of the aging transmission systems of its Contact: Ms. Brenda Pennell, General KQED–DTV, operating on Digital repeater stations at KPSC–FM (88.5 Manager, (213) 514–1450. Funds Channel 30 in San Francisco, by MHz) in Palm Springs, KFAC–FM (88.7 Requested: $270,424. Total Project Cost: purchasing a digital video server system MHz) in Santa Barbara, and KCPB–FM $360,565. To expand the coverage area to store and play multiple program (91.1) in Thousand Oaks. The network and improve the signal of KUSC–FM, streams for digital television of transmitters that re-broadcast the operating on 91.5 MHz in Los Angeles, multicasting. The station serves a signal of KUSC in Los Angeles, serve CA, by upgrading the transmission population of 5.5 million people. nearly 1.9 million residents of Southern system and doubling the station’s File No. 99214CRB, Redwood California. broadcast power. The project includes Community Radio, Inc., 1144 Redway Colorado replacement of the transmitter, antenna, Dr Redway, CA 95560. Contact: Mr. File No. 99036ICTN, National transmission line and STL. The station Simon Frech, Station Manager, (707) Technological University, 700 Centre currently serves about 12 million people 923–2513. Funds Requested: $92,062. Avenue Ft. Collins, CO 80526. Contact: and will add over 700,000 as a result of Total Project Cost: $122,750. To extend Dr. Lionel Baldwin, President, (970) the power increase. and improve the signal of KMUD–FM, File No. 99172CTB, Rural California 495–6411. Funds Requested: $966,000. 91.1 MHz in Redway, CA, by replacing Broadcasting Corporation, 5850 LaBath Total Project Cost: $4,578,000. To the transmitter and the antenna system Avenue, Rohnert Park, CA 94928. expand the distance learning service and installing a microwave STL. The Contact: Ms. Nancy Dobbs, President provided by National Technological station will also increase its broadcast and CEO, (707) 585–8522. Funds University by converting 41 universities power providing first public radio Requested: $110,357. Total Project Cost: with MPEG–2 digital encoding service to over 14,000 residents of $147,143. To improve public television equipment at their satellite uplinks. Humboldt, northern Mendocino and station KRCB–TV, Channel 22 in Conversion of the NTU system to Rohnert Park, CA, by replacing ten 15- western Trinity counties. In addition to MPEG–2 digital equipment will permit the people receiving first service, KMUD year-old 3⁄4′′ videotape machines in NTU to provide distance learning master control, production control and currently serves almost 9,000 people directly to small business and home editing rooms with digital units. The and will add another 9,000 as a result viewers through the use of 90 cm station serves a population of over 2.8 of the increased coverage area. antennas and standard digital million people. File No. 99219CTB, San Diego State equipment. File No. 99182PRB, Radio Bilingue, University Foundation, 5200 Campanile File No. 99046ICTN, Centennial Inc., 5005 E. Belmont Fresno, CA 93727. Drive San Diego, CA 92182. Contact: Board of Cooperative Educational Contact: Mr. Hugo Morales, Executive Ms. Susan Holloway, Director Admin. Services, 830 South Lincoln Street Director, (559) 455–5757. Funds Services, (619) 594–2491. Funds Longmont, CO 80501. Contact: Mr. Requested: $52,580. Total Project Cost: Requested: $660,926. Total Project Cost: David Biekert, Director of Technology $83,440. To plan for the distribution of $1,321,852. To convert public station Service, (303) 772–4420. Funds Radio Bilingue’s 24-hour satellite KPBS–TV, Channel 15 in San Diego, Requested: $323,783. Total Project Cost: programming service to the top 10 CA, to digital broadcasting on Channel $794,849. To extend the T–1-based Latino markets in the U.S. using 30 by purchasing a digital transmitter, distance learning system of the subcarrier (SCA) technology. digital microwave STL, digital encoding Centennial Board of Cooperative File No. 99183CTN, City of San system, HDTV recorders, HDTV master Educational Services (Centennial Leandro, 835 E.14th Street San Leandro, control switcher processor and other BOCES), Longmont, CO, to a number of CA 94577. Contact: Mr. Greg Park, essential master control equipment. The school districts in Colorado’s northeast Interim IS Manager, (510) 577–3393. station serves a population of over 2.5 quadrant. Project equipment would be Funds Requested: $41,000. Total Project million people. located in the following high schools in Cost: $54,668. To assist the City of San File No. 99230CTB, San Mateo the affected area: Longmont, Ft. Morgan, Leandro, which is in California’s Bay County Community College District, Frederick, Lyons, Erie, Berthoud, Estes Area, to activate a government access 1700 W. Hillside Blvd. San Mateo, CA Park, Johnstown, Briggsdale, Akron, channel on the local cable television 94402. Contact: Ms. Marilyn Lawrence, Weldona, and Merino. The Centennial system. General Manager, (650) 524–6905. BOCES was formed by merging the File No. 99198CRB, California State Funds Requested: $1,223,325. Total former Northern Colorado BOCES and University-Northridge, 18111 Nordhoff Project Cost: $2,446,650. To convert Weld BOCES. Street Northridge, CA 91330–8312. public station KCSM–TV, Channel 60 in File No. 99108CRB, Colorado State Contact: Ms. Dolly Salazar, Dir. of San Mateo, CA, to digital broadcast on Board of Agriculture, 1000 Rim Drive Development KCSN, (818) 677–3090. Channel 59 by purchasing a digital Durango, CO 81301. Contact: Ms. Wynn Funds Requested: $31,545. Total Project transmitter, transmission line, antenna, Harris, Station Manager, (970) 247– Cost: $63,090. To improve public radio STL and other equipment including a 7261. Funds Requested: $31,160. Total station KCSN–FM, operating on 88.9 video file server and a compression/ Project Cost: $47,035. To improve MHz in Northridge, CA, by replacing decompression system. The station noncommerical FM radio station analog reel-to-reel and cartridge tape serves a population of over 6.3 million KDUR–FM, 91.9MHz, in Durango, by machines with two digital audio people. replacing its old, worn-out transmission

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.050 pfrm08 PsN: 23APN2 20070 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices system including transmitter, processor, Protocol video would enable the Barber Plaza Tallahassee, FL 32310. antenna and transmission line. Station delivery of video over the Internet Contact: Mrs. Donna Landrum, Business will also replace a production console, connectivity in a cost-effective manner. Manager, (850) 487–3170. Funds cart machines, DAT machines, below File No. 99226CRB, Pacifica Requested: $80,560. Total Project Cost: standard mini-disc players and test Foundation, 2390 Champlain Street NW $161,120. To purchase seven digital equipment. KDUR–FM serves about Washington, DC 20009. Contact: Ms. tape machines to improve the master 20,000 people. Bessie Wash, General Manager, (202) control and production operations of File No. 99229CRB, Equal 598–0999. Funds Requested: $45,732. public television station WFSE(TV), Representation of Media Advocacy, 528 Total Project Cost: $91,465. To improve which operates on Ch. 11 in Tallahasee 9th Street Alamosa, CO 81101. Contact: the operation of public radio station and which is licensed to Florida State Ms. Annajo (Aj) Sanchez, General WPFW, 89.3 MHz, Washington, DC, by University. Three of the new tape Manager, (719) 589–9057. Funds replacing its transmitter. machines would replace analog Requested: $27,295. Total Project Cost: File No. 99235CRN, Self Reliance equivalents in WFSU(TV)’s editing $36,394. To extend and improve public Foundation, 518 C Street NE suites. The remaining four digital radio station KRZA–FM, 88.1 MHz, Washington, DC 20002. Contact: Mr. machines would replace analog Alamosa, by repositioning the antenna, Sebastian Puente, Chief of Staff, (202) machines used for program playback activating a translator and acquiring 547–7447. Funds Requested: $159,720. and network delay in the master control field production equipment. KRZA–FM Total Project Cost: $319,440. To provide on-air configuration. The requested serves about 75,000 people. satellite downlink equipment to twenty equipment would substantially File No. 99246CTB, Rocky Mountain non-commercial radio stations affiliated complete the station’s digital conversion Public Broadcasting, 1089 Bannock with the Self Reliance Foundation that plans for its master control, production, Street Denver, CO 80204. Contact: Mr. wish to broadcast the Foundation’s and postproduction operations. James Morgese, Pres. & General Mgr., Hispanic-language programing. File No. 99058CTN, Sarasota County (303) 620–5662. Funds Requested: File No. 99236PRN, Self Reliance Board of County Commissioners, 1660 $1,371,738. Total Project Cost: Foundation, 518 C Street NE Ringling Boulevard Sarasota, FL 34236. $2,743,477. To convert public television Washington, DC 20002. Contact: Mr. Contact: Ms. Melissa Fritsch, station KRMA–TV, Ch. 6, Denver to Sebastian Puente, Chief of Staff, (202) Administrative Asst., (941) 951–5294. digital broadcasting on Ch. 18, by 547–7447. Funds Requested: $40,710. Funds Requested: $644,385. Total purchasing a transmitter, antenna, Total Project Cost: $81,420. To plan for Project Cost: $859,180. To assist the transmission line, microwave the extension of the applicant’s Spanish Sarasota (FL) County Board of County interconnection equipment, test language radio programming to the ten Commissioners in activating the first equipment and other associated U.S. cities with the largest concentration government access channel on the equipment. KRMA–TV serves about 3.9 of Hispanics: Los Angeles, New York, County’s cable television system. The million people. Miami, San Francisco/San Jose, project would purchase the equipment Chicago, Houston, San Antonio, for a production studio, in addition to Connecticut Brownsville, Dallas, and San Diego. some test equipment. Eventually, the File No. 99063CTB, Connecticut studio in question would be used to Florida Public Broadcasting Inc., 240 New produce programming for a community Britain Avenue Hartford, CT 06106. File No. 99021CRB, University of access channel as well; the community Contact: Mr. James Whitsett, VP, Florida, 2208 Weimer Hall Gainesville, access channel is also to be Operations and Engineering, (860) 278– FL 32611. Contact: Mr. Henri Pensis, administered by the Board. 5310. Funds Requested: $743,434. Total Station Manager, (352) 392–5200. Funds File No. 99083CTB, Community Project Cost: $1,486,868. To convert Requested: $25,591. Total Project Cost: Communications, Inc., 11510 East public station WEDH–TV, Channel 24 in $51,182. To replace an obsolete 17-year- Colonial Drive Orlando, FL 32817. Hartford, CT, to digital broadcating on old production studio console for public Contact: Mr. Jose Fajardo, Vice Channel 32 by purchasing a transmitter, radio station WUFT(FM), which President for Programming, (407) 273– antenna, transmission line, microwave operates on 89.1 MHz in Gainesville, 2300. Funds Requested: $883,172. Total STL, test and monitoring equipment. FL, and is licensed to the University of Project Cost: $1,766,345. To replace the The station serves a population of more Florida. 26-year-old transmitter, antenna, and than 3 million people. File No. 99038CTB, University of transmission line at public television Florida, 202 Weimer Hall Gainesville, station WMFE(TV), which operates on District of Columbia FL 326118405. Contact: Mr. Richard Ch. 24 in Orlando, FL. The project File No. 99102ICTN, Association of Lehner, General Manager, (352) 392– would also purchase a nonlinear editing Jesuit Colleges & Universities, 1 DuPont 5551. Funds Requested: $77,445. Total system for the station. Circle, Suite 405 Washington, DC Project Cost: $154,890. To purchase a File No. 99099CTB, District Board of 200361110. Contact: Dr. William digital switcher, a digital router, and Trustees, Pensacola Junior College, 1000 Husson, Dean of Professional Studies, digital test equipment for public College Boulevard Pensacola, FL 32504. (303) 458–1844. Funds Requested: television station WUFT(TV), which Contact: Mr. Allan Pizzato, General $503,500. Total Project Cost: $1,263,500. operates on Ch. 5 in Gainesville, FL, and Manager, (850) 484–1213. Funds To help the Association of Jesuit which is licensed to the University of Requested: $798,109. Total Project Cost: Colleges & Universities interconnect 19 Florida. The requested equipment $3,246,218. To assist public television of its member-institutions to form the would complete the modernization and station WSRE(TV), Pensacola, FL, Jesuit Distance Education Network digital conversion of WUFT(TV)’s complete its conversion to digital (JDEN). The proposed network would master control area. The project would transmission. Station WSRE(TV) consist of a video interconnection thus assist the station’s effort to convert operates on Ch. 23 for its analog relying on Internet Protocol to digital technologies in a timely way. transmission and will operate on Ch. 31 technologies to unite the merits of File No. 99054CTB, The Board of for its digital service. The station is videoconferencing with the advantages Regents of Florida acting on behalf of licensed to Pensacola Junior College. of Internet-based learning. Internet the Florida State University, 1600 Red The project would purchase diverse

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.052 pfrm08 PsN: 23APN2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20071 digital transmission equipment; e.g., a project would permit WEDU(TV) to compatible and would thus advance transmitter, an antenna, a transmission make significant progress in converting WXEL(TV)’s digital conversion effort. line, an STL, and varied test equipment its production capabilities to digital File No. 99212CRB, Barry items. Station WSRE(TV) must move its technology. Telecommunications, Inc., 3401 South tower site in order to broadcast in File No. 99195CRB, Board of Regents Congress Avenue Boynton Beach, FL digital. The project thus also includes a of Florida Acting for and on behalf of 33426. Contact: Mr. Philip DiComo, VP one-time, $1 million lease payment for Florida State University, 1600 Red of Development, (561) 737–8000. Funds antenna space on a new, 2,000′ Barber Plaza Tallahassee, FL 32310. Requested: $83,407. Total Project Cost: commercial tower. The lease would Contact: Mr. Andrew Hanus, Chief $166,814. To extend the service area extend for a minimum of 40 years. The Engineer, (850) 487–3086. Funds and improve the studio production tower will be located approximately five Requested: $15,343. Total Project Cost: facilities of public radio station miles from the station’s present tower $30,686. To replace the master control WXEL(FM), which operates on 90.7 site. and production control consoles at MHz in Tampa, FL. The project would File No. 99137PTB, Myth Slayer, Inc., public radio stations WFSU(FM) and modify the station’s antenna, purchase # 1015 NW 21st Avenue, 46 Gainesville, WFSQ(FM), Tallahassee, FL. Station an antenna line, and reinforce the FL 32609. Contact: Ms. Gloria Rozier, WFSU(FM) is a news and information present tower; this would allow the President, (352) 337–9111. Funds station and operates on 88.9 MHz. station’s signal to reach an estimated Requested: $172,384. Total Project Cost: Station WFSQ(FM), a fine arts station, 50,000 additional listeners in the rural $208,144. To assist Myth Slayer, Inc. operates on 91.5 MHz. Both stations are areas of Palm Beach and Hendry plan for the activation of a nonprofit licensed to Florida State University. The Counties. This would represent the first low power television station that would two stations share studio facilities and, public radio service to these listeners. In serve the needs of minority groups, together, provide the sole public radio addition, the project would purchase women, and children in Gainesville, FL. service to over 580,000 listeners in replacement DAT recorders, a cart File No. 99149CTB, State Board of greater Tallahasee. system, CD players, and microphones. Regents acting on behalf of the File No. 99218CTB, WJCT, Inc., 100 File No. 99197CTB, Barry University of South Florida, 4202 Festival Park Avenue Jacksonville, FL Telecommunications, Inc., 3401 South Fowler Avenue SVC 0001 Tampa, FL 32202. Contact: Mr. Rick Johnson, Sr Congress Avenue Boynton Beach, FL 336620. Contact: Mr. William Buxton, Vice Pres. Broadcasting, (904) 358–6394. 33426. Contact: Mr. Philip DiComo, VP Station Manager, (813) 974–4000. Funds Funds Requested: $473,692. Total of Development, (561) 737–8000. Funds Requested: $12,037. Total Project Cost: Project Cost: $947,385. To replace worn- Requested: $255,936. Total Project Cost: $24,074. To replace the transmitter out transmission equipment at public $511,872. To replace worn-out or remote control system of public television station WJCT(TV), which television station WUSF(TV), which obsolete studio equipment at public operates on Ch. 7 in Jacksonville, FL. operates on Ch. 16 in Tampa, FL, and television station WXEL(TV), which The project would purchase a new which is licensed to the University of operates on Ch. 42 in Boynton Beach, transmitter, microwave Studio-to- South Florida. The present remote FL. The project would purchase video Transmitter Link, and diverse associated control system will be noncompliant tape machines, a video server system, a test equipment items. WJCT(TV) intends with Year 2000 program language. nonlinear editor system, and diverse to retrofit this transmitter to digital File No. 99171CTB, Florida Gulf Coast other associated items. when its analog operations must cease University acting for and in behalf of the File No. 99209CRB, Florida Board of as of May 1, 2006. The purchase would State Board of Reg, 10501 FGCU BLVD Regents for and on Behalf of the thus provide WJCT(TV) with a reliable Fort Myers, FL 33965. Contact: Mr. Kirk University of South Florida, University analog signal during the next few years Lehtomaa, Station Manager, (941) 590– of South Florida Tampa, FL 33620. and at the same time position the station 2300. Funds Requested: $654,999. Total Contact: Dr. James Heck, General for its eventual conversion to all-digital Project Cost: $1,310,000. To replace a Manager, (813) 974–8665. Funds transmission. 17-year-old, obsolete transmitter for Requested: $32,912. Total Project Cost: File No. 99241CRB, University of public television station WGCU(TV), $65,824. To improve the transmission Central Florida, Communications which operates on Ch. 30 in Fort Myers, and studio production capabilities of Building Room 13 Orlando, FL 32816. FL, and which is licensed to Florida public radio station WUSF(FM), which Contact: Ms. Kayonne Riley, Station Gulf Coast University. The project operates on 89.7 MHz in Tampa, FL, Manager, (407) 823–5162. Funds would also replace the station’s antenna and which is licensed to the University Requested: $139,980. Total Project Cost: and transmission line. of South Florida. The project would $279,960. To construct a new tower and File No. 99187CTB, Florida West purchase a digital exciter, a hot-standby install a new antenna system at public Coast Public Broadcasting, Inc., 1300 studio-to-transmitter link, digital audio radio station WUCF(FM), which North Boulevard Tampa, FL 33607. work stations, an ISDN codec, and operates on 89.9 MHz in Orlando, FL, Contact: Ms. Elsie Garner, Sr. Vice Pres. portable minidisc recorders. and which is licensed to the University & COO, (813) 254–9338. Funds File No. 99210CTB, Barry of Central Florida. These improvements Requested: $465,742. Total Project Cost: Telecommunications, Inc., 3401 South would alleviate radio frequency $931,485. To improve the program Congress Avenue Boynton Beach, FL interference and permit WUCF(FM) to production capability of public 33426. Contact: Mr. Philip DiComo, VP comply with nonionizing radiation television station WEDU(TV), which of Development, (561) 737–8000. Funds standards required by the FCC and the operates on Ch. 3 in the St. Petersburg/ Requested: $262,099. Total Project Cost: ANSI. Tampa region of Florida. The project $524,198. To replace three obsolete, File No. 99242CTB, School Board of would purchase a high definition video worn-out, tube-type studio cameras with Miami-Dade County Florida, 172 N.E. production switcher, a high definition modern ‘‘chip ‘‘ cameras at public 15th Street Miami, FL 33132. Contact: digital effects unit, high definition color television station WXEL(TV), which Mrs. Laurel Long, Director of Finance monitors, and an edit controller system. operates on Ch. 42 in Tampa, FL. The Admin., (305) 995–2240. Funds The new switcher and effects unit new cameras would be 16:9/4:3 Requested: $857,534. Total Project Cost: would replace outdated items. The switchable, standard definition digital- $1,715,068. To purchase a complete

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About 1,000 visually public health and safety. 17 for its analog service and will operate handicapped persons will receive File No. 99202CRB, Idaho State Board on Ch. 18 for its digital broadcasting. service in the added communities. of Education (Boise State University), File No. 99020CRB, University of BSU Radio/SMITC #213 Boise, ID Georgia Northern Iowa, 324 Communication 83725. Contact: Dr. James Paluzzi, File No. 99233CRB, Progressive Arts Center Cedar Falls, IA 50614. General Manager, (208) 426–3663. United Communications, Inc., 316 N. Contact: Ms. Barbara Reid, Funds Requested: $268,750. Total River St. Claxton, GA 30417. Contact: Administrative Assistant, (319) 273– Project Cost: $358,333. To extend the Mrs. Paschell Mix, CEO/Owner, (912) 6325. Funds Requested: $20,008. Total service of the Boise State University 739–9252. Funds Requested: $86,250. Project Cost: $40,017. To extend the Radio Network, Boise, ID, by Total Project Cost: $115,000. To signal of public station KUNI, 90.9 MHz, constructing a repeater station at 91.3 improve the production facilities of Cedar Falls, IA, by constructing a MHz in Jackpot, NV, to serve Elko WCLA–AM, 1470 KHz and WCLA–FM, repeater station on channel 208 (89.5 County, NV, and Twin Falls, Cassia and 107.3 MHZ in Claxton, GA by MHz) in Oskaloosa, IA. The new station Owyhee Counties, ID. The new station purchasing an audio vault storage, audio will bring the first full-time public radio will bring the first public radio signal to console and related production service to a population of about 14,979. about 1,534 persons. It will repeat the equipment. WCLA serves 160,000 It will repeat the programing of KUNI. programing of station KBSX, Boise, ID, people in southeast Georgia. File No. 99039CTB, Iowa Public but will also carry programing intended Broadcasting Board, 6450 Corporate Iowa just for its own listeners. Drive Johnston, IA 50131. Contact: Mr. File No. 99010CRB, University of Dennis Malloy, Dir. of Com. Relations & Illinois Northern Iowa, 324 Communication Dev., (515) 242–3106. Funds Requested: File No. 99077CTB, Black Hawk Arts Center Cedar Falls, IA 50614. $223,922. Total Project Cost: $447,845. College, 6600 34th Avenue Moline, IL Contact: Ms. Barbara Reid, To improve the production capacity of 61265. Contact: Mr. Rick Best, General Administrative Assistant, (319) 273– Iowa Public Television, Johnston , IA, Manager, (309) 796–2424. Funds 6325. Funds Requested: $906,984. Total by replacing items of worn out and Requested: $164,790. Total Project Cost: Project Cost: $1,813,968. To improve the obsolete equipment, including tape $219,720. To improve the operation of transmission reliability of public radio recorders, a switcher, and associated public station WQPT, ch. 24, Moline, IL, station KUNI, 90.9 MHz, Cedar Rapids, equipment. Iowa PTV serves a statewide by replacing its obsolete and worn out IA, by constructing a transmitter tower population of about 3,600,000. The master control system, including a to replace one the station may have to equipment acquired will be digital server and a digital routing switcher. vacate because the owner may need the compatible and assist in the ultimate The station serves a population of about tower capacity for converting itself to conversion of Iowa PTV to digital 550,000. DTV. KUNI serves a population of about television broadcasting. File No. 99079CTB, Window to the 1,213,130 through its primary File No. 99091CRB, University of World Communications, Inc., 5400 transmission and through four Northern Iowa, 324 Communication North St. Louis Avenue Chicago, IL translators that relay its signal in Des Arts Center Cedar Falls, IA 50614. 60625. Contact: Mr. Martin McLaughlin, Moines, Dubuque, Davenport, and Contact: Ms. Barbara Reid, Vice President Corporate Affa, (773) Eldridge, all in Iowa. Administrative Assistant, (319) 273– 509–5433. Funds Requested: File No. 99011CRB, University of 6325. Funds Requested: $22,757. Total $1,057,312. Total Project Cost: Northern Iowa, 324 Communications Project Cost: $45,514. To improve the $2,114,624. To convert public station Arts Center Cedar Falls, IA 50614. signal reliability of public station KHKE, WTTW, ch. 11, Chicago, IL, to digital Contact: Ms. Barbara Reid, 89.5 MHz, Cedar Falls, IA, by replacing transmission on channel 47 by Administrative Assistant, (319) 273– its worn out and obsolete 24-year-old purchasing a transmitter and ancillary 6325. Funds Requested: $10,711. Total transmitter. The station serves a equipment, an antenna, STL, and test Project Cost: $21,423. To improve the population of about 191,207. equipment. Tower modification is also signal of public station KRNI(AM), 1010 included in the project. The station KHz, Mason City, IA, by replacing its Idaho serves a population of about 10.5 worn out and obsolete transmitter. The File No. 99092CRB, Idaho State million persons. station repeats the programing of KUNI, University, 921 South 8th Street File No. 99084ICTN, Chicago Housing 90.9 MHz, Cedar Falls, IA, and serves a Pocatello, ID 83209. Contact: Mr. Ernest Authority, 4859 S. Wabash Avenue population of about 95,000. Naftzger, Dean of Student Affairs, (208) Chicago, IL 606151008. Contact: Ms. File No. 99015CRB, Iowa Radio 236–2688. Funds Requested: $33,771. Zenobia Johnson-Black, Exec. Dir., Reading Information Service for the Total Project Cost: $45,028. To complete Hayes FIC, (773) 285–0200. Funds Blind and Print Handicapped, Inc., 100 public station KISU, Pocatello, ID, by Requested: $187,500. Total Project Cost: East Euclid Ave. Des Moines, IA 50313. acquiring satellite downlink equipment. $250,000. To establish a video distance Contact: Ms. Sally Vander Linden, The station provides the only public learning system that would interconnect Executive Director, (515) 243–6833. radio signal to about 13,678 persons. The Chicago Housing Authority’s Hayes Funds Requested: $25,272. Total Project File No. 99189CRB, Boise State Family Investment Center with three Cost: $50,544. To extend the service University Foundation, Inc., 1910 public housing developments and allow area of Iowa Radio Reading Information University Drive Boise, ID 83725. the Authority to transmit diverse Service, Des Moines. IA, by acquiring Contact: Dr. James Paluzzi, General instructional programming to their the necessary satellite up- and down- Manager, BSU Radio, (208) 426–3663. residents. The three participating link equipment to enable IRIS to Funds Requested: $371,041. Total developments would be Altgeld

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Gardens, Cabrini-Green, and Henry Bloomington, IN, by replacing its worn increasing outages and repair problems. Horner Homes. The programming out and obsolete video production KHCC–FM and its two repeater/satellite would, in part, be targeted to assist the switcher, an effects system, and video stations serve about 925,000 people. City’s welfare-to-work effort and would monitors. The project will help the File No. 99051CTB, Washburn emphasize pre-employment and job station’s eventual transition to all-digital University of Topeka, 1700 SW College readiness skills training. More generally, operation. The station serves a Avenue Topeka, KS 66621. Contact: Mr. the programming would also strive to population of about 490,000. Robert Fidler, Director of Operations, increase the literacy levels and improve File No. 99180CRTB, Metropolitan (785) 231–1111. Funds Requested: the information technology capabilities Indianapolis Public Broadcasting, Inc., $125,000. Total Project Cost: $250,000. of the developments’ residents. The 1401 North Meridian Street, To improve public television station project would build upon the Indianapolis, IN 46202. Contact: Mr. KTWU–TV, Ch. 11, Topeka, by Authority’s experience with its Lloyd Wright, President & General replacing its 45-year-old VHF antenna computer learning effort. Manager, (317) 636–2020. Funds with a new antenna. Initially new File No. 99114CRB, Board of Trustees Requested: $205,000. Total Project Cost: antenna will be used as its NTSC University of Illinois, 801 South Wright $410,000. To improve the signal antenna but will eventually become its Street, 109 Cob Urbana, IL 61820. reliability of public stations WFYI–TV, DTV antenna. KTWU–TV serves about Contact: Mr. J.J. Kamerer, Director, ch. 20, and WFYI–FM, 90.1 MHz, 1.26 million people. Grants & Contract Ad, (217) 333–2187. Indianapolis, IN, by replacing their File No. 99066CRB, Kanza Society, Funds Requested: $45,000. Total Project failing, 20-year-old STL with a digital Inc., 210 N 7th St. Garden City, KS Cost: $90,000. To improve the operation fiber-optic link. The stations serve a 67846. Contact: Mr. Brian Gibbons, of WILL–AM, 580 KHz, and WILL–FM, population of about 2 million. Executive Director, (316) 275–7444. 90.9 MHz, Champaign, IL, by replacing Funds Requested: $309,705. Total Kansas reel-to-reel and cartridge tape machine Project Cost: $412,940. To activate a with a networked digital audio storage File No. 99009CTB, Smoky Hills new public radio satellite/repeater and delivery system. The stations serve Public Television Corp., 604 Elm Street station on 89.5 MHz in Perryton- a population of about 1,048,698. Bunker Hill, KS 676260009. Contact: Spearman, TX. New 100 kilowatt station File No. 99251CRB, Illinois State Mr. Lloyd Mintzmyer, Director of will repeat the signal of KANZ–FM, 91.1 University, Old Union Building, Room Engineering, (785) 483–6990. Funds MHz, Garden City, KS. Signal will be 310, S Normal, IL 61790. Contact: Mr. Requested: $386,500. Total Project Cost: provided via a satellite downlink. New Bruce Bergethon, General Manager, $773,000. To improve the facilites of station will provide a first public radio (309) 438–2393. Funds Requested: three public TV stations, the main signal to about 68,000 people in TX and $40,000. Total Project Cost: $80,000. To station (KOOD–TV, Ch. 9, in Bunker OK. improve the operation of public station Hill), two repeater/satellite stations File No. 99067CRB, Kanza Society, WGLT, 89.1 MHz, Normal, IL, by (KDCK–TV, Ch. 21, Dodge City, and Inc., 210 N 7th Street Garden City, KS replacing worn out and obsolete tape KSWK–TV, Ch. 3, Lakin) and translators 67846. Contact: Mr. Brian Gibbons, recording equipment with digital audio in western KS. Project would lease fiber Executive Director, (316) 275–7444. server system. The station serves a optic to replace the failing analog Funds Requested: $16,656. Total Project population of about 300,000. microwave studio to multi-transmitter Cost: $33,312. To improve and upgrade system. Project will also acquire ‘‘last the facilities of public radio FM Indiana mile’’ microwave equipment and translator, K242AL, 96.3 MHz, Hays, by File No. 99061CTB, Michiana Public associated satellite interconnection relocating, replacing and upgrading the Broadcasting Corporation, 2300 Charger equipment. Stations currently serve station to a Class A station (1,250 watts). Blvd Elkhart, IN 46514. Contact: Ms. about 365,000 people. Upgraded repeater/satellite station will Trina Cutter, President/General Mgr., File No. 99022CTB, Kansas Public broadcast on 91.7 MHz. (219) 674–5961. Funds Requested: Telecommunications Service, Inc., 320 File No. 99089CRB, Wichita State $362,370. Total Project Cost: $724,740. West 21st Street North Wichita, KS University, 3317 E. 17th Street Wichita, To improve the operation of public 67203. Contact: Mr. David McClintock, KS 67208. Contact: Mr. Mark McCain, station WNIT, ch. 34, Elkhart, IN, by Director of Engineering, (316) 838–3090. General Manager, (316) 978–6789. replacing obsolete and worn out Funds Requested: $118,735. Total Funds Requested: $44,772. Total Project cameras. The project will help the Project Cost: $237,470. To improve Cost: $89,544. To improve public radio station’s eventual transition to all-digital public television station KPTS–TV, Ch. station KMUW–FM, 89.1 MHz, Wichita, operation. WNIT serves a population of 8, in Wichita, by replacing station’s old by replacing a 20-year-old satellite about 1,709,000. Umatic video recorders and analog receive-only antenna and analog test File No. 99096CRN, City of Hobart studio-to-transmitter link. Project would equipment. Project will also replace and Police Department, 200 Main Street acquire 5 digital tape recorders, a 10- upgrade equipment in KMUW–FM’s Hobart, IN 46342. Contact: Mr. Ronald year lease of fiber optic, 2 fiber optic news production facility. KMUW–FM Taylor, Police Chief, (219) 942–1126. encoders and decoders. Station serves serves about 516,700 people. Funds Requested: $331,095. Total about 588,000 people. Project Cost: $438,289. To improve the File No. 99024CRB, Hutchinson Kentucky public safety telecommunications Community College, 815 N Walnut File No. 99002CTB, Kentucky system of the Hobart Police Department Suite 300 Hutchinson, KS 67501. Authority for Educational Television, File No. 99117CTB, Trustee of Indiana Contact: Mr. David Horning, General 600 Cooper Drive Lexington, KY 40502. University, P.O. Box 1847 Bloomington, Manager, (316) 665–3555. Funds Contact: Mrs. Virginia Fox, Executive IN 47402. Contact: Mr. Barrie Requested: $43,563. Total Project Cost: Director, (606) 258–7000. Funds Zimmerman, Director, Operations & $87,126. To improve public radio Requested: $699,371. Total Project Cost: Engineer, (812) 855–2898. Funds station KHCC–FM, 90.1 MHz, in $1,398,742. To improve the reliability of Requested: $114,110. Total Project Cost: Hutchinson, by replacing the on-air the signals of two public television $228,220. To improve the operation of console and main production console. stations in the Kentucky Educational public station WTIU, ch. 30, Both units have been plagued with Television system—WKSO, ch. 29,

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Somerset, KY, and WKMR, ch. 38, Louisiana To improve the state’s public television Morehead, KY, by replacing 30 year old File No. 99167CTB, Greater New network by replacing 17-year-old video transmitters. Orleans Educational Television tape equipment in its File No. 99053CTB, Western Foundation, 916 Navarre Avenue, New telecommunications center in Baton Kentucky University, 1 Big Red Way Orleans, LA 70124. Contact: Mr. Randall Rouge. New equipment consists of 5 digital video tape recorders with Bowling Green, KY 42101. Contact: Mr. Feldman, President & General Manager, monitoring, a digital video server and Jerry Barnaby, Assistant Director, (502) (504) 486–5511. Funds Requested: digital test equipment. Public television 745–2400. Funds Requested: $86,544. $265,000. Total Project Cost: $530,000. network serves about 1,082,000 people. Total Project Cost: $173,089. To To improve public television station improve the operation of public station WYES–TV, Ch. 11, New Orleans, by Massachusetts WKYU–TV, ch. 24, Bowling Green, KY, replacing its transmission line, and File No. 99113CTB, WGBH by replacing origination equipment, acquiring a digital video effects machine Educational Foundation, 44 Hampden including digital tape decks and and waveform monitors. In addition to St., Springfield, MA 01103. Contact: Ms. cameras. The project will assist the making its current service more reliable, Deborah Onslow, General Manager, station in its planned conversion to the new equipment will assist in the (413) 781–2801. Funds Requested: DTV. The station serves a population of eventual conversion to digital $201,300. Total Project Cost: $402,600. about 250,000. television. Station serves about 1.8 To convert public station WGBY–TV, million people. The area is also served Channel 57 in Springfield, MA, to File No. 99064CRB, Eastern Kentucky by WLAE–TV, Ch. 32. University, 102 Perkins Building digital broadcasting on Channel 58 by File No. 99186CTB, Educational purchasing and installing a digital Richmond, KY 40475. Contact: Dr. Fred Broadcasting Foundation, Inc., 2929 S. Kolloff, Director Media Resources, (606) transmitter, antenna, transmission line, Carrollton Ave., New Orleans, LA STL and a small digital satellite 622–2474. Funds Requested: $139,928. 70118. Contact: Mr. John Pela, Station Total Project Cost: $186,571. To extend receiver. The station serves a population Manager, (504) 830–3709. Funds of nearly 2.5 million residents of the signal of public radio station WEKU, Requested: $49,150. Total Project Cost: western Massachusetts and northern 88.9 MHz, Richmond, KY, by $98,300. To improve public television Connecticut. constructing a repeater station in Mt. station WLAE–TV, Ch. 32., in New File No. 99211CRB, Trustees of Victory, KY, to bring the first public Orleans by replacing obsolete master Boston University, 890 Commonwealth radio service to about 106,212 residents control origination equipment. New Avenue, Boston, MA 02215. Contact: of central and southeastern Kentucky equipment includes 6 videotape Mr. Stephen Elman, Assistant General and northern Tennessee. machines and 3 digital waveform Manager, (617) 353–0909. Funds File No. 99184CRB, Kentucky Public monitors. WLAE–TV serves about Requested: $223,256. Total Project Cost: Radio, 301 York Street Louisville, KY 1,163,000 people. The area is also $446,512. To improve public radio 40203. Contact: Ms. Kathi Ellis, served by WYES–TV. station WRNI–AM, 1290 KHz in Development Specialist, (502) 574– File No. 99223ICTN, New Orleans Providence, RI, by replacing the 1848. Funds Requested: $253,085. Total Educational Telecommunications obsolete and failing transmission Project Cost: $506,170. To augment the Consortium, 2 Canal St., New Orleans, system, increase power and build a local operational capability of Kentucky LA 70130. Contact: Dr. Robert Lucas, production studio. WRNI is part of Public Radio, which operates WFPL Executive Director, (504) 524–0350. Boston University’s WBUR Group and 89.3 MHz, WUOL 90.5 MHz, and WFPK Funds Requested: $62,319. Total Project its broadcast originates at WBUR–FM in 91.8 MHz, in Louisville, KY, by Cost: $124,638. To assist the New Boston. WRNI–AM serves a population acquiring various items of equipment Orleans Educational of over 250,000 residents of Rhode for its new building, including fiber Telecommunications Consortium Island. optic interfaces, a routing switcher, (‘‘NOETC, Inc’’) to extend its File No. 99216ICTN, Mount consoles, limiters, audio processors, instructional services to the Stennis Wachusett Community College, 444 speakers, headphones, microphones, Space Center, located in nearby Green Street Gardner, MA 01440. microphone stands and mounts, digital Mississippi. The project would also Contact: Mr. Anthony Cherubini, establish a video classroom at Nunez audio editors, CD players, CD recorder, Professor, (978) 632–6600. Funds Community College and connect that and digital audio work stations. The Requested: $562,882. Total Project Cost: studio via microwave to NOETC, Inc.’s three stations serve a population of $750,509. To activate a Ku-band satellite ITFS system. NOETC, Inc. is a about 3,057,566. project at the applicant’s consortium of eight post-secondary Telecommunications and Distance File No. 99191CRB, Appalshop, Inc., institutions located in New Orleans. The Learning Center. The applicant is 91 Madison Avenue, Whitesburg, KY instructional programming to be partnering with the Wood Products 41858. Contact: Mr. Timothy Marema, transmitted to the Stennis Space Center Manufacturers Association to upgrade Dir. of Devel.& Admin., (606) 633–0108. would originate at The University of skills of the industries employees. Funds Requested: $69,010. Total Project New Orleans, a consortium partner. The Another partner in the project is Rural Cost: $93,010. To improve the operation Nunez Community College equipment Housing Improvement, which assists of public station WMMT, 88.7 Mhz, would allow course work emphasizing low income clients to become self Whitesburg, KY, by replacing worn out basic literacy and math skills to be sufficient. and obsolete items of production transmitted to a presently unserved equipment, including audio consoles, population in Plaquemine Parish. Maryland cassette and DAT recorders, File No. 99247CTB, Louisiana File No. 99018CRB, University of microphones, CD players, CD recorder, Educational Television Authority, 7733 Maryland Eastern Shore, Backbone Road a telephone interface, and turntables Perkins, Baton Rouge, LA 70810. Princess Anne, MD 21853. Contact: Mr. plus its STL and a package of test Contact: Mrs. Cynthia Rougeou, CAO, Anthony Hunt, General Manager, (410) equipment. The station serves a (225) 767–5660. Funds Requested: 651–8001. Funds Requested: $70,743. population of about 299,162. $225,000. Total Project Cost: $450,000. Total Project Cost: $141,486. To

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.058 pfrm08 PsN: 23APN2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20075 improve public radio station WESM– Requested: $50,000. Total Project Cost: File No. 99221CTB, Delta College, FM, operating on 91.3 MHz in Princess $118,625. To help the Washington 1961 Delta Road University Center, MI Anne, MD, by replacing a damaged County Consortium for School 48710. Contact: Mr. Barry Baker, Dir. of transmitter, adding electrical protection Improvement, Machias, Maine, plan the Broadcasting/G.M., (517) 686–9346. and redundancy, upgrading the main development of a distance learning Funds Requested: $114,940. Total production room, and acquiring remote system. The Consortium is composed of Project Cost: $229,881. To improve the recording equipment. The station serves the 11 school districts in the County. operation of public station WDCQ–TV, a population of more than 142,000 Cooperating in the project would be the ch. 19, University Center, MI, by residents of the southeast corner of following: the University of Maine/ replacing worn out and obsolete Maryland, southern Delaware and Machias; Washington County Technical cameras and video tape recorders. The northeastern Virginia. College; Coastal Washington County new equipment will be digital-capable File No. 99065CTB, Maryland Public Institute of Technology; the Regional and aid the station’s eventual Broadcasting Commission, 11767 Medical Center at Lubec; St. Croix conversion to digital broadcasting. The Owings Mills Boulevard Owings Mills, Regional Technical School; three station serves a population of about MD 21117. Contact: Mr. Robert Sestili, American Indian elementary schools; a 866,000. Senior Vice President/CEO, (410) 581– private middle/high school that File No. 99227CTB, Board of Control 4297. Funds Requested: $449,400. Total provides educational services to a of Northern Michigan University, 1401 Project Cost: $898,800. To convert number of school districts; schools that Presque Isle Avenue Marquette, MI public station WMPT–TV, Channel 22 serve the unorganized territories within 49855. Contact: Mr. Scott Seaman, in Annapolis, MD, to digital the County; and the Maine State General Manager, (906) 227–1300. broadcasting on Channel 42 by Department of Education. Funds Requested: $135,000. Total purchasing a transmitter, antenna, Project Cost: $270,000. To improve the transmission line, monitoring and test Michigan production capability of public station equipment. The station serves a File No. 99048CTB, Board of Trustees WNMU–TV, ch. 13, Marquette, MI, by population of over 6.8 million people in of Michigan State University, 283 replacing worn out and obsolete field the cities of Baltimore and Annapolis, Communication Arts Building East and studio cameras. The new equipment and in North, Central and Southern Lansing, MI 48824. Contact: Mr. Steven will be digital-capable and aid the Maryland. Meuche, Director & General Manager, station’s eventual conversion to digital File No. 99104CRB, Metropolitan (517) 432–3120. Funds Requested: broadcasting. The station serves a Washington Ear, Inc., 35 University $330,325. Total Project Cost: $660,650. population of about 250,000. Boulevard East Silver Spring, MD To improve the operation of public Minnesota 20901. Contact: Mrs. Nancy Knauss, station WKAR–TV, ch. 23, East Lansing, Administrative Dir., (301) 681–6636. File No. 99001CTB, Duluth-Superior MI, by replacing worn out and obsolete Funds Requested: $23,719. Total Project Area Educational Television video tape recorders, video production Cost: $31,625. To improve the services Corporation, 1202 East University Circle switchers, and audio consoles. All new of the Washington Ear, the radio reading Duluth, MN 55811. Contact: Mr. Allen equipment will be digital-capable and service in the Wahington DC Harmon, President, (218) 724–8567. aid the station’s eventual conversion to metropolitan area, by replacing control Funds Requested: $122,812. Total digital broadcasting. The station serves room equipment including tape Project Cost: $163,750. This is a request a population of about 2,633,010. machines, PC-based automation for emergency funding to construct a equipment, mini-disc units and File No. 99059CTB, Grand Valley tower in Grand Marais, MN, for the headsets. In addition, the project will State University, 301 W. Fulton Street translator of public television station purchase 50 closed-circuit radio Grand Rapids, MI 49504. Contact: Mr. WDSE, Ch. 8, Duluth, MN. The new receivers to lend to listeners free of Robert Lumbert, Director of Engineering, tower would replace the tower on which charge. The Washington Ear serves a (616) 771–6739. Funds Requested: WDSE(TV) presently leases space for the population of over 1,900 blind and $417,425. Total Project Cost: $834,850. translator. The present tower is in visually impaired residents of To complete the conversion of public imminent danger of collapse. The Washington DC, Maryland and Virginia. station WGVU–TV, ch. 35, Grand project also seeks to replace the 18-year- Rapids, MI, to digital broadcasting on old translator transmitter and its 31- Maine channel 11, by purchasing a transmitter, year-old antenna. The new transmitter File No. 99158CTB, Maine Public transmission line, remote control, an would increase the translator’s power Broadcasting Corporation, 65 Texas encoder, and test equipment. The from 100 watts to 500 watts and the new Avenue Bangor, ME 04401. Contact: Mr. station serves a population of about antenna would be omnidirectional. The Alexander Maxwell, Chief Technology 1,060,425. changes would result in an increase in Officer, (207) 941–1010. Funds File No. 99123CTB, Detroit the population served from 1,000 to Requested: $324,000. Total Project Cost: Educational Television Foundation, 3,000. $648,000. To improve public television 7441 Second Avenue Detroit, MI 48202. File No. 99016CTB, Northern stations WMEM–TV, Channel 10 in Contact: Mr. Daniel Alpert, Senior VP & Minnesota Public Television., Inc., BSU Presque Isle and WMEB–TV, Channel Station Manager, (313) 876–8102. Funds Box 9 Bemidji, MN 56601. Contact: Mr. 12 in Orono, Maine, by replacing failing Requested: $579,402. Total Project Cost: Bill Sanford, Director of Engineering, and obsolete transmitters with digital- $1,158,804. To convert public station (218) 751–3407. Funds Requested: capable units. Maine Public WTVS, ch. 56, Detroit, MI, to digital $195,840. Total Project Cost: $261,120. Broadcasting serves a population of over broadcasting on channel 43, bringing To improve the operation of public 1.2 million people. the first DTV public broadcasting to station KAWE, ch. 9, Bemidji, MN, by File No. 99173IPTN, Washington about 4.6 million people. The project replacing worn out and obsolete video County Consortium for School includes acquisition of DTV transmitter, tape recorders and a character generator. Improvement, 10 Torrey Hall Machias, STL, satellite demod for DTV feeds, The new equipment will be digital- ME 04654. Contact: Ms. Gloria Jenkins, encoder, a multiplexer, and related capable and aid the station’s eventual Director, (207) 255–1219. Funds monitoring and test equipment. conversion to digital broadcasting. The

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.060 pfrm08 PsN: 23APN2 20076 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices station’s programing is repeated by File No. 99238CTB, Twin Cities digital broadcasting on Ch. 18 by KAWB, ch. 22, Brainerd, MN. Together Public Television, Inc., 172 East 4th purchasing a dual-channel antenna, the two stations serve a population of Street, St. Paul, MN 55101. Contact: Mr. Studio-Transmitter Link, SD encoder, about 300,000. Bruce Jacobs, Chief Technologist, (651) PSIP generator, off-air monitoring File No. 99017CTB, Northern 222–1717. Funds Requested: $997,998. equipment, interconnection equipment, Minnesota Public Television, BSU Box Total Project Cost: $1,995,996. To and test equipment. The station serves 9 Bemidji, MN 56601. Contact: Mr. Bill convert public station KTCI, ch. 17, St. a population of about 1.8 million. Sanford, Director of Engineering, (218) Paul, MN, to digital broadcasting on File No. 99228CRB, Curators of the 751–3407. Funds Requested: $54,600. channel 16 by purchasing a transmitter, University of Missouri for the Total Project Cost: $72,800. To improve antenna, transmission line, a video University of Missouri-St. Louis, 8001 the signal quality of public station server, satellite demod, format Natural Bridge Road, St. Louis, MO KAWB, ch. 22, Brainerd, MN, by converter, channel automation, DTV 63121. Contact: Ms. Patricia Bennett, replacing its worn out and obsolete multiplexer, encoders, and monitors Director & General Manager, (314) 516– antenna. The station repeats the plus ancillary items and test equipment. 5968. Funds Requested: $18,576. Total programing of station KAWE, ch. 9, The station serves a population of about Project Cost: $37,153. To improve the Bemidji, MN. The new equipment will 3,125,000. production capability of public station be digital-capable and aid the station’s File No. 99252CRB, Minnesota Public KWMU, 90.7 MHz, St. Louis, MO, by eventual conversion to digital Radio, 45 East 7th Street, St. Paul, MN replacing two worn out and obsolete broadcasting. The two stations serve a 55101. Contact: Mr. Ron Hall, audio consoles and acquiring added population of about 300,000. Development Assistant, (651) 290–1163. audio server capacity, DAT recorders, File No. 99101CTB, West Central Funds Requested: $121,209. Total and a telephone hybrid. The station Minnesota Education Television Co., Project Cost: $242,418. To extend the serves a population of about 2,442,200. Inc., 120 West Schlieman Appleton, MN coverage of Minnesota Public Radio, St. Montana 56208. Contact: Mr. Ansel Doll, General Paul, MN, by constructing two new Manager, (320) 289–2622. Funds public stations on 88.7 MHz and File No. 99116CRB, Board of Regents Requested: $251,100. Total Project Cost: 89.7MHz in Grand Marais, MN. One of Montana University System, 330 Strand $334,800. To improve the operation of the two stations will carry Minnesota Union Building, Bozeman, MT 59717. public station KWCM, ch. 10, Appleton, Public Radio’s news service; the other, Contact: Mr. Philip Charles, General MN, by replacing worn out and obsolete MPR’s classical music service. The new Manager, (406) 994–6484. Funds video recorders and acquiring a video stations will provide service to about Requested: $39,630. Total Project Cost: server. The new equipment will be 4,166. $62,130. To improve the transmission digital-capable and aid the station’s facilities of public radio station KGLT– eventual conversion to digital Missouri FM, operating on 91.9 MHZ in broadcasting. The station serves a File No. 99044CTB, St. Louis Regional Bozeman, by replacing the station’s 24 population of about 600,000. Educational and Public Television year old antenna, transmission and STL File No. 99177CTB, Austin Commission, 3655 Olive Street, St. system. The project would ensure Independent School District No. 492, Louis, MO 63108. Contact: Mrs. Wilma continued service to 70,000 people and 2000 8th Avenue NW Austin, MN Matta, VP & CFO, (314) 512–9000. permit a future power increase to 55912. Contact: Mr. Richard Sailors, Funds Requested: $1,237,214. Total provide first public radio service to an General Manager, (507) 433–0671. Project Cost: $2,474,428. To convert additional 15,000 people. Funds Requested: $720,250. Total public station KETC, ch. 9, St. Louis, Project Cost: $1,263,596. To extend the MO, to digital broadcasting on channel North Carolina signal of public station KSMQ, ch. 15, 39, by purchasing a transmitter, File No. 99100ICTN, North Carolina Austin, MN, and establish the first local antenna, encoder, satellite demod. up- School of Science and Mathematics, origination facility by constructing a converter, bit splicer, PSIP generator, P.O. Box 2418, Durham, NC 27715. new station on channel 35 in Winona, spooler, and STL. The station serves a Contact: Ms. Peggy Manring, Head of MN. The new station will operate as a population of more than 3 million. Distance Learning, (919) 286–3366. ‘‘pass-through’’ service of KSMQ File No. 99112CTB, Ozarks Public Funds Requested: $397,935. Total programing except when originating Telecommunications, Inc., 821 North Project Cost: $649,620. To develop a local-interest programs. The new station Washington, Springfield, MO 65802. state-of-the-art multimedia distance will serve an estimated 152,000 people, Contact: Mr. Brent Moore, Director of learning classroom for the North providing about 12,000 of them with Engineering, (417) 865–2100. Funds Carolina School of Science and their first public television signal. All Requested: $58,000. Total Project Cost: Mathematics, Durham. The project equipment at the new station will be $116,000. To improve the operations of would permit the School to expand its digital-capable. public station KOZK, ch, 21, current distance learning system by File No. 99200CRB, Fresh Air, Inc., Springfield, MO, by acquiring using a variety of technologies and 1808 Riverside Avenue Minneapolis, equipment to automate its master delivery systems such as wireless MN 55454. Contact: Ms. Denise control to allow for overnight delivery networking, H.320, webcasting, video Mayotte, General Manager, (612) 341– of college courses and additional streaming, and time-delay satellite 3144. Funds Requested: $53,120. Total general programing. The station serves a broadcasts. The North Carolina School Project Cost: $106,240. To improve the population of about 1.5 million. of Science and Mathematics is a production capability of public station File No. 99169CTB, Public Television residential, statewide magnet school KFAI, 90.3 MHz, Minneapolis, MN, by 19, Inc., 125 East 31st Street, Kansas that provides 11th- and 12th-grade replacing worn out and obsolete City, MO 64108. Contact: Ms. Brenda students with a comprehensive, free equipment, including audio consoles, Williams, Grant Coordinator, (816) 756– education focused on science, distribution amplifiers, CD players, 3580. Funds Requested: $352,075. Total mathematics and technology. cassette decks, turntables, and an audio Project Cost: $704,150. To further the File No. 99125CTB, University of processor. The station serves a conversion of public television station North Carolina Center for Public population of about 900,000. KCPT(TV), Ch. 19, Kansas City, MO, to Television, 10 TW Alexander Drive

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Research Triangle Park, NC 27709. digital TV service to about 115,000 File No. 99109ICTN, ADEC Contact: Ms. Meg Lu, Director of people. Corporation, C218 Animal Science Admin., (919) 549–7154. Funds File No. 99194CRTB, Prairie Public Building Lincoln, NE 68583. Contact: Requested: $307,455. Total Project Cost: Broadcasting, Inc., 207 North 5th Street Dr. Janet Poley, President/CEO, (402) $614,910. To improve the state’s public Fargo, ND 58102. Contact: Mrs. 472–7000. Funds Requested: $454,180. television network by replacing seven Kathleen Pavelko, President & CEO, Total Project Cost: $908,360. To extend 100-watt translators (Brevard, (701) 241–6900. Funds Requested: the distance learning services of ADEC Burnsville, Hayesville, Lake Lure, $1,325,901. Total Project Cost: by purchasing a digital satellite uplink Sparta, Spruce Pine and Murphy) and a $1,767,868. To improve the state’s which will distribute 6 MCPC channel 1-kilowatt translator at Canton. Project public radio and television system by of programming. The uplink will will also replace 1960’s vintage replacing its obsolete, worn-out, six- aggregate programming from ADEC microwave repeater equipment at Cane hop, 21-year-old, Fargo-to-Bismarck, ND member universities and extend Mountain, Tarboro, Statesville, and analog microwave system. This programming to previously unserved Cowee, plus a digital ready hot standby replacement is part of the long-term audiences. ADEC is a consortium of 55 will be installed at Joanna Bald. Project digital transition plan for ND. Network land-grant institutions providing will replace 8 transmission equipment currently serves about 790,300 people. distance learning nationwide. shelters. Network serves the entire state. Nebraska File No. 99156CRB, Nebraska File No. 99126CRB, Board of Trustees Educational Telecommunications File No. 99004CTB, Board of Regents of the University of North Carolina at Commission, 1800 N 33 Street Lincoln, # of the University of Nebraska, 6001 Chapel Hill, CB 0915, Chapel Hill, NC NE 68501. Contact: Mr. Rod Bates, Dodge Street Omaha, NE 68182. 275990915. Contact: Mr. Thomas Davis, Secretary, (402) 472–3611. Funds Contact: Ms. Debra Aliano, General General Manager, (919) 966-5454. Funds Requested: $81,300. Total Project Cost: Manager, (402) 554–2516. Funds Requested: $245,685. Total Project Cost: $162,600. To improve and expand the Requested: $69,816. Total Project Cost: $327,580. To extend the service of coverage of public radio station KUCV– $145,450. To improve public television public radio station WUNC(FM), Chapel FM, 90.9 MHz, Lincoln by replacing the Hill, NC, by constructing a repeater station KYNE–TV, Ch. 26, in Omaha, by acquiring a digital video file server. The station’s 20-year-old transmitter and station operating on 88.9 MHz in antenna system. Project will change Manteo. The station will have a small equipment will replace the current playback system which does not frequency to 91.1 MHz and increase studio for local origination and will station’s power from 16.0 to 20.14 receive programming form WUNC via produce a fully broadcast quality signal. KYNE–TV serves about 696,000 people. kilowatts. KUCV–FM currently serves satellite interconnection. The repeater about 268,544 people. station will provide first public radio File No. 99007CRB, Board of Regents File No. 99190CTB, Nebraska service to 74,073 people and additional of the University of Nebraska, 6001 Educational Telecommunications service to 49,166 residents of eastern Dodge Street Omaha, NE 68182. Commission, 1800 N 33 Street Lincoln, North Carolina and the Outer Banks. Contact: Ms. Debra Aliano, General File No. 99162CTB, Charlotte- Manager, (402) 559–5866. Funds NE 685013111. Contact: Mr. Rod Bates, Mecklenburg Public Broadcasting Requested: $23,664. Total Project Cost: Secretary, (402) 472–3611. Funds Authority, 3242 Commonwealth $49,300. To improve public radio Requested: $878,497. Total Project Cost: Avenue, Charlotte, NC 28205. Contact: station KVNO–FM, 90.7 MHz, in Omaha $1,756,994. To improve the state public Mr. Harold Bouton, President & CEO, by acquiring 2 digital audio consoles, a television network by replacing worn- (704) 372–2442. Funds Requested: digital 8-track tape recorder, out and obsolete dissemination and $52,846. Total Project Cost: $105,692. microphones and associated equipment. origination equipment with digital or To improve public television station Current consoles are obsolete and worn- digital-compatible equipment. Network WTVI–TV, Ch. 42, in Charlotte, by out. KVNO–FM serves about 607,000 will acquire a non-linear edit system, purchasing a digital video server to people. studio/remote cameras, hard disk server replace the labor and maintenance File No. 99094ICTN, Educational system, and a remote control switcher. intensive videotapte machines. New Service Unit 7, 2657 44th Avenue Equipment will be used in partnership equipment will be easily converted to Columbus, NE 68601. Contact: Ms. with Central Educational Network digital television service when needed. Phyllis Brunken, Media/Technology (CEN). Network serves about 1.65 WTVI–TV serves about 1.08 million Director, (402) 564–5753. Funds million people in Nebraska. people. Requested: $563,076. Total Project Cost: File No. 99201CRB, Nebraska $750,769. To establish a video distance Educational Telecommunications North Dakota learning system for the Educational Commission, 1800 N 33 Street Lincoln, File No. 99157CTB, Prairie Public Service Unit 7 (‘‘ESU 7’’), Columbus, NE 685013111. Contact: Mr. Rod Bates, Broadcasting, Inc., 207 North 5th Street, Nebraska. The system would Secretary, (402) 472–3611. Funds Fargo, ND 58102. Contact: Mrs. interconnect 11 school districts in a Requested: $120,500. Total Project Cost: Kathleen Pavelko, President & CEO, five-county area of eastern Nebraska. $241,000. To replace the antenna (701) 241–6900. Funds Requested: The counties are Butler, Colfax, Merrick, systems of four stations of the state’s $1,188,258. Total Project Cost: Platte and Polk. The system would also public radio network. New antennas $1,584,344. To convert public television encompass Central Community College, will be installed at: KRNE–FM, 91.5 station KBME–TV, Ch. 3, in Bismarck, which is in Columbus, and ESU 7 itself. MHz, Merriman; KCNE–FM, 91.9 MHz, to digital broadcasting on Ch. 22 by The proposed system would be digital Chadron; KPNE–FM, 91.7 MHz, North purchasing a full complement of digital fiber-optic based, with the signal Platte and KMNE–FM, 90.3 MHz, dissemination, origination, transmitted via T–1 telephone lines. Bassett. Antennas have experienced interconnection, reception and test Each participating school would receive longitudinal cracks and one of the equipment. KBME–DT will also be used either or both of two types of distance stations (KRNE–FM) has already to demonstrate the use of digital learning equipment: a dedicated two- reduced power 40% to avoid permanent broadband capacity for distance way video classroom or desktop damage. The four stations serve about 1⁄3 learning. KBME–DT will provide a first conferencing equipment. of the state.

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New Hampshire Trenton, NJ, to digital broadcast on 2112. Funds Requested: $38,545. Total File No. 99003CTB, University of New Channel 43 by the purchase and Project Cost: $77,090. To improve Hampshire, 268 Mast Road Durham, NH installation of a digital transmitter, public television station KENW–TV, Ch. 03824. Contact: Mr. Robert Ross, antenna, STL, combiner, encoder, video 3, Portales, by replacing three old UHF Director of Engineering, (603) 868–7552. server and monitoring equipment. The translators with solid state units and Funds Requested: $1,305,000. Total station serves a population of over 9.8 retuning an existing translator to a new Project Cost: $2,610,000. To convert million people. channel. New translators will be in File No. 99124CRB, New Jersey Public public station WENH–TV, Channel 11 Carlsbad (K49ES), Forrest/McAlister Broadcasting Authority, 25 South (K34EZ) and Tucumcari (Ch. 32). The in Durham, NH, to digital broadcasting Stockton Street Trenton, NJ 08625. retuned translator is Ruidoso (K49EW). on Channel 57 by purchasing and Contact: Mr. William Schnorbus, Acting These changes are in compliance with installing a transmitter, antenna Director of Engineering, (609) 777–5162. FCC mandated channel displacement transmission line, STL, encoder and test Funds Requested: $71,657. Total Project for all UHF translators operating on Ch. equipment. In addition, the project will Cost: $95,543. To expand the state 60–69. acquire digital studio equipment, public radio network by constructing a File No. 99029CTB, Eastern New including a video server, router, still new Class A station, WNJZ–FM in Cape Mexico University, Station 52, Portales, store, DVE and ENG kit. The station May Courthouse, operating on 90.3 NM 88130. Contact: Mr. Duane Ryan, serves a population of over 1.1 million MHz, that will provide first public radio Director of Broadcasting, (505) 562– people. services to over 52,000 residents of Cape 2112. Funds Requested: $272,450. Total File No. 99215CRB, New Hampshire May County in southeastern New Jersey. Project Cost: $544,900. To improve Public Radio, Inc., 207 North Main public television station KENW–TV, Ch. New Mexico Street Concord, NH 03301. Contact: Mr. 3, Portales, by replacing old camera Andrew Morrell, Program Director, File No. 99019CTB, Regents of the systems and aquiring a video file server (603) 228–8910. Funds Requested: University of New Mexico and Board of to replace one-inch video tape $50,225. Total Project Cost: $100,450. Education of the City of Al, 1130 recorders. KENW–TV serves about To improve the broadcast quality of the University Blvd NE Albuquerque, NM 350,000 people. state network by replacing the obsolete 87102. Contact: Mr. Jon Cooper, General File No. 99035CRB, Eastern New and failing transmitter at repeater Manager, (505) 277–2121. Funds Mexico University, Station 52, Portales, station WEVH–FM, 91.3 MHz in Requested: $202,428. Total Project Cost: NM 88130. Contact: Mr. Duane Ryan, Hanover, NH. The project will also $404,856. To improve KNME–TV, Ch. 5, Director of Broadcasting, (505) 562– replace recording and playback Albuquerque by replacing analog studio 2112. Funds Requested: $27,860. Total equipment at WEVO–FM, 89.1 MHz in routing switcher and analog video tape Project Cost: $40,480. To expand and Concord, including minidisc players recorders with digital equipment. improve the facilities of public radio and the audio Vault. New Hampshire KNME–TV will also acquire satellite station KENW–FM, 89.5 MHz, in Public Radio serves a population of over reception equipment which will allow Portales, by constructing new translators 900,000 people. the reception and display of PBS ATSC at Fort Sumner (K219DP—91.7 MHz) New Jersey satellite transmissions. This equipment and Conchas Lake (K202CX—88.3 will assist in the digital conversion of MHz). KNEW–FM will also replace its File No. 99052ICTN, Burlington the station which serves about 1,130,922 1978 vintage audio processor. New County College, Pemberton-Browns people. translators will add a first public radio Mills Rd. Pemberton, NJ 08068. Contact: File No. 99026CTB, Regents or the service to about 2,500 people. Dr. Bernard Solomon, Director, Distance University of New Mexico and the File No. 99072CTB, Mescalero Learning at, (609) 894–9311. Funds Board of Education of the City of, 1130 Apache Tribe, 101 Central (P.O. Box Requested: $197,160. Total Project Cost: University Blvd. N.E., Albuquerque, NM 176), Mescalero, NM 88340. Contact: $394,320. To equip a new 87102. Contact: Mr. Jon Cooper, General Mr. Ferris Palmer, Administrator, (505) Telecommunications Center on the Mt. Manager, (505) 277–2121. Funds 671–4494. Funds Requested: $74,993. Laurel Campus of Burlington County Requested: $104,205. Total Project Cost: Total Project Cost: $99,990. To improve College, Pemberton, NJ. The equipment $208,410. To improve the translator the facilities of public television would allow the College to interconnect facilities of public television station translators KO2KR and KO2KQ, in with a consortium of academic KNME–TV, Ch. 5, Albuquerque, by Mescalero by acquiring a studio-to- institutions and thus expand distance replacing and modifying translators at transmitter link to interconnect both learning to a large underserved 12 sites. The frequencies of these translators to efficiently present local population throughout southern New translators must be ‘‘displaced’’ to lower programs. In addition, project will Jersey. In addition to Burlington County frequency channels in order to comply acquire basic origination equipment to College, the consortium participants with FCC mandates regarding the facilitate the production of local include the New Jersey Institute of implementation of digital television. programming beyond the minimum Technology, The University of Medicine Sites affected are: Cimarron (K60AA), level previously available to the tribe. and Dentistry of New Jersey, Gallup (K60BD), Grants (K67CR), Roy Stations serve about 3,000 people. Cumberland Community College, Ocean (K69CG), Las Vegas (K65BQ), Eagle Tail/ File No. 99080ICTN, Crownpoint County College, Salem Community Raton (K20CV), Red River (K03CZ), Institute of Technology, Lower Point College, and Georgian Court College. Mora (K31EO), Santa Rosa (K74BBO), Road, Crownpoint, NM 87313. Contact: File No. 99110CTB, New Jersey Public Sheridan (K69CI), Wagon Mound Mr. James Tutt, President, (505) 786– Broadcasting Authority, 23 South (K68BO), and Chama (K69CH). 4102. Funds Requested: $522,545. Total Stockton Street Trenton, NJ 08625. Translators currently serve about Project Cost: $696,727. To bring Contact: Mr. William Schnorbus, Acting 167,000 people. Northern Arizona University’s Director of Engineering, (609) 777–5162. File No. 99028CTB, Eastern New interactive television distance learning Funds Requested: $796,750. Total Mexico University, Station 52, Portales, system—called NAUNet—to Project Cost: $1,593,500. To convert NM 88130. Contact: Mr. Duane Ryan, Crownpoint Institute of Technology, public station WNJT–TV, Channel 52 in Director of Broadcasting, (505) 562– Crownpoint, New Mexico, which is

VerDate 23-MAR-99 16:49 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\23APN2.XXX pfrm02 PsN: 23APN2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20079 located in northwest NM at the extreme test equipment will replace worn-out President/General Manager, (315) 782– southeast of the Main Reservation of the and obsolete equipment. KLVX–TV 3142. Funds Requested: $61,925. Total Navajo Nation. Crownpoint Institute of provides an educational and public Project Cost: $123,850. To improve Technology is a tribally-controlled two- television service to about 1.2 million public television stations WPBS/WNPI– year vocational and technical people. TV, Channels 16 and 18 in Watertown, institution. File No. 99136ICTN, Clark County NY, by replacing four obsolete one-inch File No. 99093CRB, Regents of New School District, 4210 Channel 10 Drive videotape players with digital-based Mexico State University, McFie Circle, Las Vegas, NV 89119. Contact: Mr. Tom VTRs. The stations serve a population of Las Cruces, NM 88003. Contact: Mr. Axtell, General Manager, (702) 799– over 1 million people. Colin Gromatzky, General Manager, 1010. Funds Requested: $101,400. Total File No. 99042CTB, Western New (505) 646–4525. Funds Requested: Project Cost: $156,000. To purchase York Public Broadcasting Association, $17,445. Total Project Cost: $34,890. To equipment that will be part of the 140 Lower Terrace Buffalo, NY 14202. improve public radio station KRWG– operation of four new channels of Contact: Mr. Richard Daly, Senior VP FM, 90.7 MHz, Las Cruces, by replacing Instructional Television Fixed Service Broadcasting, (716) 845–7002. Funds old, worn-out studio-to-transmitter link (ITFS) licensed to the Clark County Requested: $490,333. Total Project Cost: (STL) and audio processor with a digital School District and administered by $980,667. To improve public television STL and compatible digital processor. Station KLVX(TV), which operates over- station WNED–TV, Channel 17 in KRWG–FM serves about 263,000 the-air on Ch. 10 in Las Vegas, NV. The Buffalo, NY, by upgrading to a digital people. project would purchase one Flexicart router and replacing 14 one-inch and File No. 99111CRB, Santa Fe and eight logo generator/inserters. two 3⁄4′′ videotape machines, the Community College, 6401 Richards File No. 99139CRB, Board of Regents/ production switcher and the linear Ave., Santa Fe, NM 87505. Contact: Mr. UCCSN/University of Nevada Las Vegas, editing switcher with digital units. The Barton Bond, Station Manager, (505) P.O. Box 452010 Las Veqas, NV station serves a population of 1.6 428–1319. Funds Requested: $56,697. 891542010. Contact: Mr. Donald Fuller, million people. Total Project Cost: $113,394. To Gen. Mgr., (702) 895–3877. Funds File No. 99068CRB, Long Island improve public radio station KSFR–FM, Requested: $88,825. Total Project Cost: University, Southampton College 90.7 MHz, Santa Fe, by acquiring a new $118,434. To improve public radio Southampton, NY 11968. Contact: Dr. antenna, studio-to-transmitter link station KUNV–FM, 91.5 MHz, Las Wallace Smith, General Manager, (516) converter, digital processor, monitor Vegas, by replacing its 20-year-old 287–8295. Funds Requested: $153,682. and exciter as well as a variety of digital transmitter, antenna, and transmission Total Project Cost: $307,365. To origination equipment. In addition, line. Station serves about 1.3 million improve public radio station WPBX– KSFR–FM will acquire its first satellite people. FM, 88.3 MHz in Southampton, NY, by downlink equipment. KSFR–FM serves File No. 99250CRB, Shoshone-Paiute replacing the damaged and unreliable about 100,000 people. Tribes of the Duck Valley Reservation, transmitter and antenna. The station is File No. 99207CRB, Board of P.O. Box 219 Owyhee, NV 89832. relocating its transmission facilities to a Education of the City of Albuquerque, Contact: Mr. Herman Atkins, Tribal new site. WPBX serves a population of 2020 Coal SE Albuquerque, NM 87106. Administrator, (775) 757–3211. Funds 3.5 million residents of Long Island, and Contact: Mr. Michael Brasher, General Requested: $233,723. Total Project Cost: the southern region of Connecticut and Manager, (505) 242–7163. Funds $311,631. To activate a new Rhode Island. Requested: $69,291. Total Project Cost: noncommercial FM radio station on File No. 99076CTB, Mountain Lake $92,388. To expand public radio station 88.5 MHz, in Owyhee. New station will Public Telecommunications Council, KANW–FM, 89.1 MHz, Albuquerque by carry the signal of KNBA–FM, One Sesame Street Plattsburgh, NY replacing translators with protected Anchorage, Alaska and programming 12901. Contact: Mr. Howard Lowe, repeater/satellite stations at the from the American Indian Radio on President and General Manager, (518) following sites: Espanola (K212AN— Satellite (AIROS) network . These 563–9770. Funds Requested: $157,440. replaced by 91.1 MHz repeater), Grants programs will be delivered via satellite. Total Project Cost: $209,920. To (K216AN— replaced by 88.1 MHz Initially the station will have 4 hours/ improve public television station repeater) and Santa Rosa (K220BH— day of local programming. New station WCFE–TV, Channel 57 in Plattsburgh, replaced by 91.9 MHz repeater). will provide a first noncommercial FM NY, by replacing the 12-year-old analog Translator stations currently serve about service to about 1,550 Native master control switcher with a digital 26,975 and new protected facilities will Americans. switcher. The station serves a add first service to an additional 1,000 population of 341,000 people. people. New York File No. 99105ICTN, Board of File No. 99005CTB, Public Cooperative Educational Services for the Nevada Broadcasting Council of Central New Sole Supervisory District of O, 179 File No. 99134CTB, Clark County York, Inc., 506 Old Liverpool Road County Route 64 Mexico, NY 13114. School District, 4210 Channel 10 Drive Syracuse, NY 13220. Contact: Mr. John Contact: Mr. Frank House, Executive Las Vegas, NV 89119. Contact: Mr. Tom Duffy, Chief Engineer, (315) 453–2424. Director, (315) 963–4248. Funds Axtell, General Manager, (702) 799– Funds Requested: $75,000. Total Project Requested: $544,191. Total Project Cost: 1010. Funds Requested: $340,857. Total Cost: $150,000. To improve public $725,588. To purchase equipment that Project Cost: $524,395. To improve television station WCNY–TV, Channel would allow the Oswego County public television station KLVX–TV, Ch. 24 in Syracuse, NY, by replacing the BOCES, Mexico, NY, to establish a 10, in Las Vegas, by replacing master control video server. The station distance learning network origination equipment to improve the serves a population of over 1.7 million interconnecting 12 sites located capabilities of the station. Main routing residents of central New York State. throughout Oswego and Fulton switcher, color monitors, pedestals and File No. 99023CTB, St. Lawrence Counties. The project would install camera mounts, prompter mounts, video Valley Educational Television Council, video classrooms in nine public school servers, and related origination Inc., 1056 Arsenal Street Watertown, NY districts, a BOCES site, the State equipment plus a small complement of 13601. Contact: Mr. Thomas Hanley, University of New York College at

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Oswego, and an outreach center of the translator has been operating on Ch. 67; (330) 672–3114. Funds Requested: Cornell Cooperative Extension. The the new translator would operate on Ch. $94,589. Total Project Cost: $155,635. interconnection will be achieved via 63. The Federal Communications To improve the program service of dedicated T–1 high speed data lines Commission recently required the Ch. public radio station WKSU–FM, interconnected with a fiber optic 67 translator to shut down operations operating on 89.7 MHZ in Kent, Ohio, network. because the translator interfered with and is repeater stations in northeast File No. 99138CTB, Long Island the signal of a full-power station that Ohio by constructing a satellite Educational TV Council, Inc., Channel had moved its transmitter and increased interconnection system. The satellite 21 Drive Plainview, NY 11803. Contact: its power. This situation makes the interconnection system will deliver Mr. Terrel Cass, President & General present proposal an emergency WKSU–FM programming to new Manager, (516) 367–2100. Funds application. The project would restore stations proposed for Norwalk and Requested: $493,303. Total Project Cost: public television service to nearly Sandusky, which are the subject of $986,607. To improve public television 47,000 residents of the translators’ PTFP applications 99152 and 99154. station WLIW–TV, Channel 21 in service area immediately to the east of The interconnection will also improve Plainview, New York, by replacing the Cleveland. reliability of program delivery to 21-year-old transmitter with a digital- File No. 99014CTB, Ohio University, existing repeater stations WKSV, ready transmitter and purchasing analog Athens, OH 45701. Contact: Mr. Paul Thompson; WKRJ, New Philadelphia; test equipment. The station serves Witkowski, Associate Director, (740) and WKRW, Wooster and will permit approximately 5.1 million people in 593–4784. Funds Requested: $734,167. the broadcast of programming tailored New York City, Westchester and Total Project Cost: $1,468,335. To to each station’s coverage area. Rockland counties, Long Island, New improve the transmission facilities of File No. 99154CRB, Kent State Jersey and Connecticut. public television station WOUB–TV, University, 1613 East Summit Street File No. 99174CTB, WXXI Public operating on Ch. 20 in Athens, OH, by Kent, OH 44242. Contact: Dr. John Broadcasting Council, 280 State Street replacing an 18 year old transmitter Perry, Executive Director & General M, Rochester, NY 14614. Contact: Mr. with a digital compatible unit. The (330) 672–3114. Funds Requested: Norm Silverstein, President and CEO, project would also purchase a wideband $225,546. Total Project Cost: $300,728. (716) 325–7500. Funds Requested: antenna and tower to enable future To extend the service of public radio $300,000. Total Project Cost: $600,000. conversion of the station to digital station WKSU(FM), Kent, Ohio by To improve public television station broadcasting. The project will ensure constructing an FM repeater station WXXI–TV, Channel 21 in Rochester, continued service to approximately operating on 88.5 MHz in Sandusky. NY, by replacing obsolete and 700,000 people in eastern Ohio and The proposed repeater station will unreliable master control and adjoining areas of West Virginia. provide first public radio service to an production equipment, including master File No. 99120CTB, Greater Dayton estimated 112,000 people in Erie, control and production switchers, one- Public Television, Inc., 110 South Ottawa, Sandusky, Huron and Seneca inch and 3⁄4′′ videotape machines, color Jefferson Street Dayton, OH 45402. counties in Northeast Ohio. monitors and test equipment. The Contact: Mr. David Fogarty, President & File No. 99155CRB, The WOSU station serves a population of 1.2 General Manager, (937) 220–1611. Stations of The Ohio State University, million people. Funds Requested: $299,848. Total 2400 Olentangy River Road Columbus, File No. 99213CRB, St. Lawrence Project Cost: $599,696. To improve the OH 43210. Contact: Mr. Sam Eiler, University, St. Lawrence University facilities of public television station Radio Station Manager, (614) 292–9678. Canton, NY 13617. Contact: Ms. Ellen WPTD, operating on Ch. 16 in Dayton, Funds Requested: $56,330. Total Project Rocco, Station Manager, (315) 229– by replacing three 12 year old studio Cost: $112,660. To improve the 5356. Funds Requested: $71,912. Total cameras and a 15 year old routing production facilities of the WOSU Project Cost: $108,250. To expand the switcher. The new equipment will be public radio stations by purchasing an coverage area of WSLU–FM, 89.5 MHz digital compatible and will assist the audio vault system. The audio vault will in Canton, NY, by installing two station in converting to digital replace audio cart machines and will transmitters and one translator to serve broadcasting. The applicant serves 2.6 permit the introduction of local the communities of Morristown, million people in southwest/west- programming on the applicant’s radio Chateaugay and Old Forge. The new central Ohio and adjacent areas in stations. WOSU serves 1.5 million service will provide first public radio Indiana and Kentucky. people in central Ohio through programming to about 30,000 residents File No. 99152CRB, Kent State broadcasts on public radio stations of these communities. The project also University, 1613 East Summit Street WOSU–FM, 89.7 MHz in Columbus; includes the urgent replacement of two Kent, OH 44242. Contact: Dr. John WOSB–FM, 91.1 MHz in Marion; generators and obsolete recording Perry, Executive Director and General, WOSV–FM, 91.7 MHz in Mansfield; equipment. WSLU currently serves a (330) 672–3114. Funds Requested: WOSE–FM, 91.1 MHz in Coshocton; population of 450,000 people. $161,266. Total Project Cost: $215,022. and WOSP–FM, 91.5 MHz in To extend the service of public radio Portsmouth. Ohio station WKSU(FM), Kent, Ohio by File No. 99185CTB, Public File No. 99013CTB, Educational constructing an FM repeater station Broadcasting Foundation of Northwest Television Association of Metropolitan operating on 90.7 MHz in Norwalk, OH. Ohio, 136 Huron Street Toledo, OH Cleveland, 4300 Brookpark Road The new station will provide first public 43604. Contact: Mr. Daniel Niedzwiecki, Cleveland, OH 44134. Contact: Mr. radio service to 52,947 people in Erie, Director of Engineering, (419) 243–3091. Jerrold Wareham, President & CEO, Lorian and Huron counties and Funds Requested: $279,500. Total (216) 739–3850. Funds Requested: additional service to 37,149 in northeast Project Cost: $559,000. To improve the $47,750. Total Project Cost: $95,500. To Ohio. facilities of public television station replace the translator in Thompson, OH, File No. 99153CRB, Kent State WGTE, operating on Ch. 30 in Toledo, of public television station WVIZ(TV); University, 1613 East Summit Street by replacing three 12 year old studio the latter broadcasts on Ch. 25 in Kent, OH 44242. Contact: Mr. John cameras and a 12 year old production Cleveland, OH. The present Thompson Perry, Executive Director and General, switcher. The new equipment will be

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.066 pfrm08 PsN: 23APN2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20081 digital compatible and will assist the populations in Union and Madison Oregon station in converting to digital Counties. The project would have two File No. 99074CTB, Oregon Public broadcasting. The applicant serves 1.6 primary educational objectives. First, it Broadcasting, 7140 SW Macadam million people in northwest Ohio and would increase the access of the Post Avenue Portland, OR 97219. Contact: adjacent areas in Michigan. Secondary Enrollment Option students Ms. Deborah Hinton, Sr. Vice President, File No. 99192CTB, Educational and the adult re-entry students in these (503) 293–4008. Funds Requested: Television Association of Metropolitan counties to diverse instructional $504,157. Total Project Cost: $1,008,314. Cleveland, 4300 Brookpark Road, programs, college courses, and To improve the facilities of KOPB–TV, Cleveland, OH 44134. Contact: Mr. continuing education. Second, the operating on Ch. 10 in Portland, OR by Jerrold Wareham, President & CEO, efforts of the College’s Community purchasing a video server, digital (216) 739–3850. Funds Requested: Education Services/Workforce routing switcher, 4 channel SDTV $47,750. Total Project Cost: $95,500. To Development Division in support of improve the facilities of television encoder and automation system. The entrepreneurial businesses would be project will assist in the conversion to translator station W64AK, operating on made available there. Ch. 64 in Ashtabula. The translator digital television broadcasting by the rebroadcasts public television station File No. 99243CRB, Cincinnati applicant and will ensure continued WVIZ, Cleveland. The project will Classical Public Radio, Inc., 1223 public television service to 3 million replace a 25 year old antenna and Central Parkway, Cincinnati, OH 45214. residents of northwest Oregon and transmitter with modern equipment Contact: Ms. Cathy Beltz-Williams, southern Washington State. which can be tuned to another Business Manager, (513) 241–8282. File No. 99141IPTN, School District frequency. (As a result of the FCC’s Funds Requested: $47,356. Total Project No. 1 Multnomah County Oregon, P.O. digital television plan, Ch. 64 will Cost: $94,712. To improve the facilities Box 3107 Portland, OR 97208. Contact: eventually be assigned by the FCC for of public radio station WGUC(FM), Ms. Christine Poole-Jones, non-television uses.) The project will operating on 90.9 MHz in Cincinnati, Administrator, (503) 916–3382. Funds ensure continued public television OH by replacing a 16 year old Requested: $166,760. Total Project Cost: service to 110,000 residents of transmitter. The project also will $208,622. To assist School District No. Ashtabula and Lake Counties in purchase a digital 950 MHz studio to 1, Multnomah County, OR—popularly northeast Ohio. transmitter link to replace a fiber optic known as the Portland Public Schools— File No. 99199CRB, Public interconnection. WGUC(FM) serves 1.7 prepare a comprehensive, strategic long- Broadcasting Foundation of Northwest million people in the Cincinnati range telecommunications plan. The Ohio, 136 Huron Street, Toledo, OH metropolitan area in Ohio, Kentucky project would allow the Portland Public 43604. Contact: Mr. Daniel Niedzwiecki, and Indiana. Schools to analyze its existing Director of Engineering, (419) 243–3091. telecommunications and distance File No. 99245CTB, Greater learning technologies and, with this Funds Requested: $62,150. Total Project Cincinnati Television Education Cost: $124,300. To improve the facilities analysis as a base, to achieve the Foundation, 1223 Central Parkway following: (a) outline strategies for of public radio station WGTE–FM, Cincinnati, OH 45214. Contact: Mr. W. operating on 91.3 MHZ in Toledo, OH, consolidating existing technologies into Wayne Godwin, President & General a coordinated infrastructure; (b) provide by purchasing digital production Mgr., (513) 381–4033. Funds Requested: equipment including an audio console, a detailed blueprint for future $129,832. Total Project Cost: $324,581. technology acquisition and use; and (c) audio server, CD, and DAT machines. To improve the production facilities of The applicant provides public radio describe management, resource, public television station WCET–TV, implementation, and training service to 1.2 million residents of operating on Ch. 48 in Cincinnati, OH northwest Ohio and adjacent areas of requirements. by replacing 11′′ and 3⁄4′′ videotape Michigan. File No. 99217ICTN, North Clackamas File No. 99203CTB, Ohio State recorders and audio cart machines with School District, 14211 SE Johnson Road University, 2400 Olentangy River Road, digital videorecorders and a digital Milwaukie, OR 97267. Contact: Dr. Columbus, OH 43210. Contact: Mr. audio server. The equipment will assist Ronald Dexter, Director, Professional Thomas Lahr, Engineering Manager, in the station’s conversion to digital Tech., (503) 653–3813. Funds (614) 292–9678. Funds Requested: broadcasting and ensure continued Requested: $658,000. Total Project Cost: $83,875. Total Project Cost: $167,750. service to 1.5 million people in the $1,337,000. To improve the production To improve the facilities of public Cincinnati metropolitan area. facilities of the distance learning facility television station WOSU–TV, operating Oklahoma of the Owen Sabin Skills Center by on Ch. 34 in Columbus, by purchasing constructing a new video studio. The digital routing and audio switching File No. 99146CTB, Oklahoma applicant reaches over 300,000 people equipment. The project will enable Educational Television Authority, 7403 in Claxton County via cable access WOSU to continue its service to 1.6 North Kelley Avenue, Oklahoma City, channel and serves additional viewers residents of central Ohio and will assist OK 73113. Contact: Mr. Malcolm Wall, by satellite distribution. in the station’s conversion to digital Executive Director, (405) 848–8501. Pennsylvania broadcasting as required by the FCC. Funds Requested: $361,662. Total File No. 99239ICTN, Columbus State Project Cost: $723,324. To improve the File No. 99032CTB, Pennsylvania Community College, 550 East Spring state public television network’s Tulsa State University, 102 Wagner Building Street, Columbus, OH 43215. Contact: news bureau/studio by replacing University Park, PA 168023899. Dr. Kevin May, Admin. Distance Educ., origination, test and other associated Contact: Mr. William Speakman, Acting (614) 287–2589. Funds Requested: equipment. The 1982 studio provides General Manager, (814) 865–3333. $64,532. Total Project Cost: $94,532. To local production from northeast Funds Requested: $104,350. Total allow Columbus State Community Oklahoma. Productions are fed to the Project Cost: $208,700. To augment the College, Columbus, OH, to extend its network for dissemination throughout digital production capability of public video conferencing distance learning the state system which serves about 2.96 station WPSX, ch. 3, University Park, system to the rural and underserved million people. PA, by constructing a Fibre Channel

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To improve the facilities of the Contact: Mr. William Speakman, Acting File No. 99143CTB, WHYY, Inc., 150 Radio Information Service, a radio General Manager, (814) 865–3333. North Sixth Street Philadelphia, PA reading service in Southwestern Funds Requested: $15,744. Total Project 19106. Contact: Mr. John Doran, Chief Pennsylvania, by replacing the STL, the Cost: $20,992. To extend the coverage of Engineer, (215) 351–1271. Funds SCA Generator and an equalizer. The public radio station WPSU, 91.5 MHz, Requested: $502,354. Total Project Cost: project will also purchase 350 SCA University Park, PA, by activating an $1,004,708. To improve the operation of receivers to be donated to potential FM translator at 102.5 MHz in public station WHYY–TV, ch. 12, listeners. The Radio Information Service Huntingdon, PA, to bring the first public Philadelphia, PA, by replacing worn out currently has 6,500 daily listeners. radio signal to about 17,333 residents. and obsolete production equipment, File No. 99060CRB, Northeastern including master control switcher, Puerto Rico Pennsylvania Educational Television routing switcher, video server, encoder, File No. 99103CTB, Ana G. Mendez Association, 70 Old Boston Road monitoring, and test gear. All equipment University System, State Road 176 KM Pittston, PA 18640. Contact: Mr. A. will be digital-capable. The station 0.3 Cupey San Juan, PR 00928. Contact: William Kelly, President/CEO, (570) serves a population of about 7,280,200. Mr. Ariel Diaz, Chief Engineer, (787) 601–1120. Funds Requested: $98,266. File No. 99188CRB, WQED Pittsburgh, 766–2600. Funds Requested: $346,125. Total Project Cost: $196,532. To 4802 Fifth Avenue Pittsburgh, PA Total Project Cost: $461,500. To replace improve the signal of public station 15213. Contact: Mr. James Cunninqham, the microwave system that WVIA–FM, 89.9 MHz, Pittston, PA, by Station Manager, (412) 622–1541. Funds interconnects public television station replacing its worn out and obsolete Requested: $68,951. Total Project Cost: WMTJ(TV), which operates on Ch. 40 in antenna and underpowered transmitter. $137,902. To improve the signal of San Juan, PR, to its satellite station, The project will also activate an FM public station WQED–FM, 89.3 MHz, WQTO(TV), which operates on Ch. 26 repeater at 89.7 MHz in Williamsport, Pittsburgh, PA, by replacing its worn in Ponce. Both stations are licensed to PA. The new repeater will use the out and obsolete antenna. The station the Ana G. Mendez University System current transmitter from WVIA–FM in a serves a population of about 1,283,557. (AGMUS). The previous microwave situation in which its power will be File No. 99193IPTN, Crawford County system was irreparably damaged on adequate. The repeater will bring the Regional Alliance, 18257 Industrial September 21, 1998 by Hurricane first public radio signal to about 63,533 Drive Meadville, PA 16335. Contact: Georges. For this reason, the proposal is persons. WVIA–FM presently serves a Mrs. Maryann Martin, Chief Executive considered to be an emergency population of more than one million. Officer, (814) 337–8200. Funds application. Since the hurricane File No. 99071CTB, Northeastern Requested: $75,000. Total Project Cost: devasted the microwave, the Pennsylvania Educational Television $155,000. To assist the Crawford County interconnection has been accomplished Association, 70 Old Boston Road Regional Alliance, Meadville, PA, to by using the AGMUS Instructional Pittston, PA 18640. Contact: Mr. A. plan for the incorporation of distance Television Fixed Service equipment. William Kelly, President/CEO, (570) learning and information technologies This has resulted in a lower-quality 602–1120. Funds Requested: $226,745. into its future Regional Training & public television signal in Ponce and a Total Project Cost: $453,490. To Conference Center. The Alliance is an severe diminishing of the number of improve the operation of public station element of the Crawford County hours of instructional programming the WVIA–TV. ch. 44, Pittston, PA, by Development Corporation. University System is able to offer its acquiring a digital file server and File No. 99224CRB, Public learners in Ponce. automation system. The station serves a Broadcasting of Northwest File No. 99121ICTN, Hispanic population of more than one million. Pennsylvania, Inc., 8425 Peach Street Educational Telecommunications File No. 99075CTB, Independence Erie, PA 16509. Contact: Ms. Thomas System, Highway 1 Experimental Public Media of Philadelphia, Inc., 6070 McLaren, Director of Radio, (814) 864– Station Rio Piedras, PR 00927. Contact: Ridqe Avenue Philadelphia, PA 19128. 3001. Funds Requested: $14,253. Total Dr. Nitza Hernandez, Executive Contact: Ms. Sherri Culver, General Project Cost: $28,506. To improve the Director, (787) 250–0000. Funds Manager, (215) 483–3900. Funds operation of public station WQLN–FM, Requested: $412,562. Total Project Cost: Requested: $262,353. Total Project Cost: 91.3 MHz, Erie, PA, by replacing worn $825,125. To extend the distance $349,805. To improve the operation of out and obsolete logging and automation learning services of the Hispanic public station WYBE, ch. 35, equipment. The station serves a Educational Telecommunications Philadelphia, PA, by acquiring a digital population of about 427,300. System (HETS) by constructing satellite file server and additional video tape File No. 99225CTB, WITF, Inc., 1982 facilities at the John Jay College of recorders, and by replacing obsolete Locust Lane Harrisburg, PA 17105. Criminal Justice in New York City, satellite downlink and studio demod. Contact: Mr. Greg Poland, Senior VP & Miami Dade Community College in The station serves a population of COO, (717) 236–6000. Funds Requested: Miami, and Inter American University 5,500,000. $400,000. Total Project Cost: $2,225,000. and the University of Scared Heart in File No. 99090CTB, WQED Pittsburgh, To purchase the equipment required to San Juan, Puerto Rico. HETS is a 4802 Fifth Avenue Pittsburgh, PA allow public television station consortium of nine colleges throughout 15213. Contact: Mr. Jeffrey Rutkowski, WITF(TV), Harrisburg, PA, to initiate the United States which link Hispanic Director, Administration, (412) 622– digital television transmission. college students. 1312. Funds Requested: $969,915. Total WITF(TV) broadcasts its analog signal File No. 99145ICTN, Ponce School of Project Cost: $1,939,831. To improve the on Ch. 33 and will transmit its digital Medicine, P.O. Box 7004 Ponce, PR operation of public station WQED–TV, service on Ch. 36. 00732. Contact: Mr. Ramon Torres-

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Morales, VP of Business Affairs, (787) participation in higher education. The technology. WUTC–FM serves 1 million 848–4254. Funds Requested: $350,000. State Board administers a system of 16 residents in the states of Tennessee, Total Project Cost: $580,229. To allow State technical colleges, whose main North Carolina, Georgia and Alabama. the Ponce School of Medicine, Ponce, campuses are interconnected by a T–1 File No. 99045CTB, East Tennessee PR, to extend medical education and based distance learning system featuring Public Communications Corporation, training course work to three remote interactive compressed video. The 1611 E. Magnolia Avenue Knoxville, TN health care sites via video project would develop a distance 37917. Contact: Mr. Jim Tindell, teleconferencing. education implementation and President/General Manager, (423) 595– management plan to guide the 0220. Funds Requested: $137,929. Total South Carolina expansion of the State Board’s Project Cost: $275,858. To improve the File No. 99040CTB, South Carolina telecommunication infrastructure to facilities of public television stations Educational Television Commission, ensure that learners, wherever they may WKOP, operating on Ch. 15 in 1101 George Rogers Boulevard live in the State, would have access to Knoxville, TN and WSJK, operating on Columbia, SC 29201. Contact: Mr. Leslie high quality and affordable technical Ch. 2 in Sneedville, TN. The project will Griffin, Vice President-Engineering, education. purchase three new digital studio/field (803) 737–3486. Funds Requested: File No. 99196ICTN, Tri-County cameras to replace 13 year old $364,036. Total Project Cost: $728,073. Technical College, 7900 Highway 76 equipment used by both stations. The To improve the state public television Pendleton, SC 29670. Contact: Ms. project will also replace a 16 year old network’s telecommunications center by Tabatha Thompson, Director of Grants, transmitter remote control system replacing worn-out and obsolete (864) 646–8361. Funds Requested: required for the continued operation of equipment. Equipment being acquired $374,170. Total Project Cost: $498,893. WSJK. The applicant’s stations serve 2 includes master control scheduling To assist Tri-County Technical College, million people in East Tennessee and system, automation system, digital file Pendleton, SC, to establish a distance surrounding areas of North Carolina, server system, non-linear editing system learning network that would Virginia, and Kentucky. and associated test equipment. Public interconnect the College with six high File No. 99127CTB, Greater TV network serves about 3.6 million schools in the College’s service area. Chattanooga Public Television people. The College serves Anderson, Oconee, Corporation, 4411 Amnicola Hwy File No. 99150CRB, South Carolina and Pickens Counties in northwestern Chattanooga, TN 37406. Contact: Mr. Educational Television Commission, South Carolina. The project, which Victor Hogstrom, President/General 1101 George Rogers Boulevard would encompass two high schools in Manager, (423) 629–0045. Funds Columbia, SC 29201. Contact: Mr. each of those counties, would have two Requested: $107,165. Total Project Cost: Thomas Fowler, Vice President, Radio, objectives: (1) to deliver dual-credit $214,330. To improve the production (803) 737–3404. Funds Requested: instruction to high school juniors and facilities of public television stations $102,570. Total Project Cost: $213,080. seniors from College instructors; and (2) WTCI, operating on Ch. 45 in To improve the facilities of the South to permit the high schools to share Chattanooga, TN by replacing obsolete Carolina Educational Radio network by courses among themselves. studio production equipment. The constructing a C-band satellite system to project would purchase digital interconnect the eight stations in the South Dakota videotape recorders, a portable digital network. The satellite system will File No. 99160CTB, South Dakota camera, a non-linear editing system and improve delivery of programing to the Board of Directors for Educational lighting equipment for the station’ stations and will permit broadcast of Telecommunications, Cherry & Dakota studio. The project will help ensure programming directed at each station’s Streets Vermillion, SD 57069. Contact: continued program service to 800,000 local service area. The eight stations in Mr. Donald Forseth, Tech. Services residents of Tennessee, Georgia and the project are WEPR–FM, 90.1 MHz, Coordinator, (605) 677–5861. Funds Alabama and will assist in the station’s Greenville; WNSC–FM, 88.9 MHz, Rock Requested: $200,000. Total Project Cost: conversion to digital broadcasting. Hill; WLTR–FM, 91.3 MHz, Columbia; $400,000. To improve KUSD–TV, Ch. 3, File No. 99208ICTN, Board of WRJA–FM, 88.1 MHz, Sumter; WHMC– in Vermillion, by replacing obsolete, Education of the Memphis City Schools, MF, 90.1 MHz, Conway; WLJK–FM, 89.1 worn-out audio/video router and 2597 Avery Avenue Memphis, TN MHz, Aiken; WJWJ–MF, 89.9 MHz, videotape machines. The new 38112. Contact: Ms. Mary Korff, Interim Beaufort; and WSCI–FM, 89.3 MHz, equipment will support the eventual Grant Writer, (901) 325–5791. Funds Columbia. The applicant provides digital conversion of the state’s public Requested: $477,475. Total Project Cost: public radio service to 4.8 million television system which serves about $954,951. To extend the distance people in South Carolina and adjacent 800,000 people. learning network recently established by areas of Georgia and North Carolina. the Memphis City Schools to an File No. 99159IPTN, South Carolina Tennessee additional 55 schools in the system. The State Board for Technical and File No. 99037CRB, University of network is based on Asynchronous Comprehensive Education, 111 Tennessee at Chattanooga, DEPT 1151 Transfer Mode (ATM) transmission. The Executive Center Drive Columbia, SC Chattanooga, TN 37403. Contact: Dr. project would purchase the ATM 29210. Contact: Dr. Candace Gosnell, John McCormack, Director, (423) 755– equipment for each of the schools. It Associate Exec. Director, (803) 737– 4756. Funds Requested: $32,203. Total would also assist the school system to 9321. Funds Requested: $49,363. Total Project Cost: $64,407. To improve the buy a Ku-Band satellite uplink. The Project Cost: $70,518. To assist the facilities of public radio station WUTC– proposal would represent one element South Carolina State Board for FM, operating on 88.1 MHz in of a multi-phase project the intent of Technical and Comprehensive Chattanooga, by purchasing digital which is to equip all the City’s schools Education (‘‘the State Board’’), audio origination/production equipment for distance learning. The goals are to Columbia, to plan how best to extend its and a studio site auxiliary power extend the benefits of the City’s present distance learning activities so as generator. The project will purchase a educational offerings on a more equal to reach learners who are presently Digital Audio Delivery System as part of basis to all the City’s students and to inhibited by diverse barriers from full the station’s conversion to digital provide easily accessible professional

VerDate 23-MAR-99 12:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.070 pfrm08 PsN: 23APN2 20084 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices development for the teachers. The KUHT–TV, Ch. 8, in Houston by making television service to about 12,000 uplink would allow the teachers to transmitter upgrades in conjunction people. KCTF–TV currently serves interact with national leaders in with the conversion to DTV and adding about 201,000 people. education and the school system’s digital test equipment. Project will also File No. 99147CRB, North Texas administrators to ‘‘meet’’ with acquire studio cameras with lens and Public Broadcasting, Inc., 3000 Harry specialists across the country to help pedestals, studio lighting system, and an Hines Boulevard Dallas, TX 75201. resolve system problems. audio console. Equipment will be used Contact: Mr. Jeffrey Luchsinger, Station File No. 99237CTB, Mid-South Public in the digital conversion of the station Manager, (214) 871–1390. Funds Communications Foundation, 900 and the move to a new Requested: $64,000. Total Project Cost: Getwell Road Memphis, TN 38111. telecommunications center. KUHT–TV $128,000. To improve public radio Contact: Mr. Michael LaBonia, President serves about 4.5 million people. station KERA–FM, 90.1 MHz, in Dallas, & CEO, (901) 458–2521. Funds File No. 99049CTB, Alamo Public by replacing its outdated and Requested: $60,600. Total Project Cost: Telecommunications Council, 501 malfunctioning analog audio record/ $121,200. To improve the production Broadway San Antonio, TX 78215. play equipment with a digital storage facilities of public television station Contact: Mr. Charles Vaughn, Sr. VP and automation system. KERA–FM WKNO–TV, operating on Ch. 10 in Telecommunications, (210) 270–9000. serves about 3.9 million people. Memphis, TN, by replacing four 1’’ Funds Requested: $196,335. Total File No. 99148ICTN, United Star videotape machines with digital units. Project Cost: $392,670. To improve Distance Learning Consortium, Inc., The videotape machines will be used in public television station KLRN–TV, Ch. 3305 North 3rd Suite 307 Abilene, TX the station’s Master Control and will 9, in San Antonio, by augmenting the 79603. Contact: Ms. Glenda Mathis, assist in the station’s conversion to station’s facilities by acquiring digital Executive Director, (915) 672–9499. digital broadcasting. WKNO–TV routing equipment. Equipment will be Funds Requested: $735,376. Total provides service to 1.7 million people in used in its current NTSC broadcasts and Project Cost: $1,470,752. To purchase west Tennessee and adjacent areas of eventually will be used in the Digital TV equipment to support the expansion of Mississippi, Arkansas and Missouri. conversion. KLRN–TV serves about 2 the StarNet distance learning network. million people. Digital satellite downlinks will be Texas File No. 99115ICTN, Dallas County purchased for 700 schools in over 40 File No. 99025CTB, Capital of Texas Community College District, LeCroy Ctr. states. Equipment requested also Public Telecommunications Council, for Educ. Telecom. Dallas, TX 75243. includes a satellite uplink to be placed 2504–B Whitis Austin, TX 78705. Contact: Mrs. Pamela Quinn, Asst. at Education Service Center Region 20 Contact: Ms. Mary Beth Rogers, CEO & Chancellor, Ed. Telecom, (972) 669– in San Antonio, TX, and digital President, (512) 471–5561. Funds 6550. Funds Requested: $317,498. Total encoders to be placed at Western Illinois Requested: $279,097. Total Project Cost: Project Cost: $634,996. To provide two- University in Macomb, IL, and at the $558,195. To improve public television way digital video distribution of Agency for Public Telecommunications station KLRU–TV, Ch. 18, in Austin by instructional video to nine sites in Raleigh, NC. replacing old origination equipment throughout Dallas County. Seven of File No. 99166CTB, North Texas with 3 CCD studio-type camera systems, these sites would be member-schools of Public Broadcasting, Inc., 3000 Harry a digital video recorder and a the Dallas County Community College Hines Boulevard Dallas, TX 75201. component measurement set. KLRU–TV District: El Centro College (Dallas); Contact: Ms. Cheryl Craigie, President & serves about 1.23 million people Brookhaven College (Farmers Branch); CEO, (214) 740–9210. Funds Requested: File No. 99034CTB, South Texas Richland College (Dallas); Eastfield $830,400. Total Project Cost: $1,660,800. Public Broadcasting System, Inc., 4455 College (Mesquite); Cedar Valley College To convert public station KERA–TV, Ch. South Padre Island Drive Corpus (Lancaster); Mountain View College 13, in Dallas, to digital broadcasting on Christi, TX 78411. Contact: Mr. Don (Dallas); and North Lake College Ch. 14 by purchasing DTV transmitter, Dunlap, President & General Mgr., (512) (Irving). The remaining sites would be encoder, test equipment and start-up 855–2213. Funds Requested: $422,963. the Bill J. Priest Institute for Economic production equipment. Equipment will Total Project Cost: $563,950. To Development and the R. Jan LeCroy be used with existing DTV antenna improve public television station Center for Educational system funded in 1998. Station serves KEDT–TV, Ch. 16, in Corpus Christi by Telecommunications. The system would about 5.2 million people. replacing and upgrading worn-out expand the applicant’s current video File No. 99176ICTN, Texas State origination, interconnection and test capacity to over 700 classrooms and Technical College, 3801 Campus Dr. equipment to begin digital conversion. would allow for multi-site origination of Waco, TX 76705. Contact: Ms. Greta Equipment includes a digital STL, video programming for distance Hecker, Coordin. Video Productions, digital monitors, non-linear digital education. (254) 867–3300. Funds Requested: editor, still store, digital router and File No. 99131CTB, Brazos Valley $867,134. Total Project Cost: $867,134. various digital interface equipment, Public Broadcasting Foundation, 500 To improve the video production camera pedestals and heads, plus Speight P.S. 7296 Waco, TX 76703. capabilities of Texas State Technical wireless transmitters and beltpacks. Contact: Mr. Kliff Kuehl, General College, Waco. The College transmits KEDT–TV also seeks a steerable 3.8 Manager, (254) 710–3874. Funds instructional programming via a meter satellite dish to obtain Requested: $670,080. Total Project Cost: dedicated educational access channel of educational programming. KEDT–TV $893,442. To improve and extend the the local cable television system. serves about 560,000 people. signal of public television station File No. 99204CTB, El Paso Public File No. 99047CTB, University of KCTF–TV, Ch. 34, in Waco, by replacing Television Foundation, Inc., UTEP Houston, 4513 Cullen Boulevard its faulty and highly unreliable analog Campus Education Building El Paso, TX Houston, TX 77004. Contact: Mr. Jeff transmitter with a dual-cavity 79902. Contact: Mr. Craig Brush, Clarke, CEO & General Manager, (713) transmitter, improved antenna and President and G.M., (915) 747–6500. 749–8202. Funds Requested: $574,546. studio-to-transmitter (STL) link. Funds Requested: $62,100. Total Project Total Project Cost: $1,436,365. To Modifications will provide improved Cost: $82,800. To improve public improve public television station service plus provide first public television station KCOS–TV, Ch. 13, in

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El Paso, by replacing its obsolete 3⁄4′′ will initially broadcast in NTSC but will (Florida A&M Univerity is an HBCU.) If umatic tape machine system with a be converted to DTV at a later time. All implemented, the extended networks digital video file server and related equipment is part of a phased DTV would serve a number of purposes: equipment. KCOS–TV serves about conversion plan. Stations serve about strengthen existing degree programs at 700,000 people. 2,059,148 people. the several participating institutions; File No. 99222ICTN, Alamo Public File No. 99181CRB, Listeners expand the number of their degree Telecommunications Council, 501 Community Radio of Utah, Inc., 230 programs; engage in workforce Broadway San Antonio, TX 78215. South 500 West Suite 105 Salt Lake development in the regions of the Contact: Mr. Charles Vaughn, Sr. VP City, UT 84101. Contact: Mr. John recipient schools; and improve the Telecommunications, (210) 270–9000. Bortel, Pres. and General Manager, (801) technological capabilities of the Funds Requested: $371,650. Total 363–1818. Funds Requested: $94,958. participating institutions. Project Cost: $743,300. To purchase Total Project Cost: $189,916. To File No. 99175CTB, Greater diverse digital archiving and server improve and extend the signal of Washington Educational equipment that would permit public noncommercial radio station KRCL–FM, Telecommunications Association, Inc., television station KLRN (TV)—which 90.9 MHz, Salt Lake City, by replacing 2775 S. Quincy Street Arlinton, VA operates on Ch. 9 in San Antonio, TX— its 17-year-old transmitter, studio-to- 22206. Contact: Mr. Lewis Zager, Vice and Education Service Center Region 20 transmitter link, a variety of old, President Tech., (703) 998–2637. Funds (‘‘ESC Region 20’’)—also based in San obsolete origination equipment and Requested: $1,219,565. Total Project Antonio—to activate an educational acquiring a new satellite dish and Cost: $1,626,087. To continue the content delivery system. The materials spectrum analyzer. KRCL–FM serves conversion to digital broadcasting of disseminated by the proposed system about 1.4 million people. WETA–DTV, operating on Digital would be transmitted over the T–1- Channel 34 in Arlington, VA, by Virginia based STARTNet system administered purchansing a high definition television by ESC Region 20. Project equipment, File No. 99106CTB, Hampton Roads camera, digital high definition editing especially the digital servers, would be Educational Telecommunications equipment and digital test and located at both KLRN (TV) and ESC Association Incorporated, 5200 measurement equipment. The station Region 20, as well as at the eight Hampton Boulevard Norfolk, VA 23508. serves a population of more than 2.7 participating school districts located Contact: Ms. Roberta Baker, Corporate million people. throughout their service area. The eight Secretary, (757) 889–9400. Funds File No. 99231IPTN, Virginia participating districts would be Requested: $600,554. Total Project Cost: Polytechnic Institute & State University, Floresville, Kerrville, Cotulla, Eagle $1,201,108. To convert public Station 1700 Pratt Drive Blacksburg, VA 24061. Pass, Pleasanton, North East, Southside, WHRO–TV, Channel 15 in Norfolk, VA, Contact: Dr. Andrea Kavanaugh, and Judson Independent. Once to digital broadcasting on Channel 16 by Director of Research, (540) 231–5488. implemented, the system would allow purchasing and installing a digital Funds Requested: $101,916. Total teachers to enjoy immediate access to transmitter, antenna, transmission line, Project Cost: $154,337. To help Virginia reference works and other digital media microwave STL and test equipment. The Polytechnic Institute & State University stored on CD–ROM and DVD station serves a population of 1.5 (‘‘Virginia Tech’’), Blacksburg, plan how technologies. In addition, hundreds of million people. to establish distance learning hours of classroom programming would File No. 99107CTB, Shenandoah interconnections in rural Smyth and be accessible from the two main servers Valley Educational Television Floyd Counties, both in southwest at KLRN (TV) and ESC Region 20. These Corporation, 298 Port Republic Road Virginia. The new system would deliver two central participants would facilitate Harrisonburg, VA 22801. Contact: Mr. diverse programing: high school courses timely program delivery to teachers by Maurice Bresnahan, President/General (including Graduate Equivalency Degree making some of the educational Manager, (540) 434–5391. Funds programs) and health care education materials available on demand at any Requested: $227,417. Total Project Cost: and training. time, and others readily available by $454,835. To improve public television appointment over the Wide Area station WVPT–TV, Channel 51 in Virgin Islands Network which would be part of the Harrisonburg, VA, and to begin the File No. 99095CTB, Virgin Islands system. station’s conversion to digital broadcast, Public Television System, P.O. Box by replacing old and obsolete 7879 Charlotte Amalie, VI 00801. Utah equipment with state-of-the-art digital Contact: Ms. Lori Elskoe, General File No. 99073CTB, University of equipment, including the routing Manager, (340) 774–3226. Funds Utah, Office of Sponsored Projects Salt switcher, master control switcher, sync Requested: $175,163. Total Project Cost: Lake City, UT 84102. Contact: Ms. generator, character generator and test $233,550. To purchase portable Lynne Chronister, Director of Sponsored equipment. The station serves a production equipment to allow public Projects, (801) 581–3008. Funds population of more than 475,000 television station WTJX (TV), Charlotte Requested: $461,460. Total Project Cost: people. Amalie, Virgin Islands, to establish an $922,920. To improve public television File No. 99163IPTN, Old Dominion electronic news gathering system. WTJX stations KUED–TV, Ch. 7, Salt Lake City University, Room 145 Norfolk, VA (TV) operates on Ch. 12 and brings the and KULC–TV, Ch. 9, Ogden/Salt Lake 23529. Contact: Dr. Anne Savage, Asso sole public television service to the City, by replacing obsolete, DTV- VP for Academic Affairs, (757) 683– American Virgin Islands. The project incompatible equipment with digital 5314. Funds Requested: $100,575. Total would permit WTJX (TV) to offer its first equipment. New equipment includes Project Cost: $134,100. To help Old local news service to its viewers. automation equipment, digital file Dominion University, Norfolk, VA, and server and router which will be Florida A&M University, Tallahassee, Vermont installed in the broadcast center. In FL, to develop a cooperative plan to File No. 99078CTN, Lyndon State addition, a new repeater station will be extend their respective distance learning College, 1001 College Road Lyndonville, activated on Ch. 19 in Richfield to networks to several Historically Black VT 05851. Contact: Ms. Cynthia provide channel protection. Channel Colleges and Universities (HBCUs). Baldwin, Professor CAS, (802) 626–

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6256. Funds Requested: $213,705. Total Contact: Mr. Burnill Clark, President & transmission line. The project will Project Cost: $284,940. To replace and CEO, (206) 443–6706. Funds Requested: ensure continued service to 2 million enhance studio equipment at the cable $381,500. Total Project Cost: $763,000. people and assist in the station’s television access production studio at To continue the conversion to digital conversion to digital broadcasting. Lyndon State College, Lyndonville, VT. broadcasting of KCTS–DTV, operating File No. 99144CRB, Wisconsin The College has been transmitting its on Digital Channel 41 in Seattle, WA, by Educational Communications Board, programming over a dedicated channel purchasing a digital routing switcher 3319 West Beltline Highway Madison, of the local cable television system since and a digital multichannel master WI 537134296. Contact: Mr. Thomas 1980. control switcher. The station serves a Fletemeyer, Executive Director, (608) File No. 99240CTB, Vermont ETV Inc, population of over 3.4 million people. 264–9676. Funds Requested: $112,825. 88 Ethan Allen Ave Colchester, VT File No. 99234CTB, Bates Technical Total Project Cost: $225,650. To 05446. Contact: Mr. Wayne Rosberg, College, 1101 Yakima Avenue South improve the broadcast facilities of Vice President, (802) 655–5276. Funds Tacoma, WA 98405. Contact: Ms. Wisconsin Public Radio by replacing Requested: $623,675. Total Project Cost: Debbie Emond, General Manager, (253) unreliable transmitters at WHLA–FM, $1,247,350. To convert public station 596–1528. Funds Requested: $398,493. 90.3 MHz in La Crosse and WPNE–FM, WVTA–TV, Channel 41 in Colchester, Total Project Cost: $531,324. To extend 89.3 MHz in Green Bay, Wisconsin. The VT, to digital broadcasting on Channel the broadcast signal of KBTC–TV, state network serves a population of 1.6 24 by purchasing and installing a digital Channel 28 in Tacoma, WA, by million people. transmitter, antenna, transmission line, activating a repeater station in File No. 99178CRB, Lac Courte microwave STL, encoder and test Bellingham, operating on Channel 34, Oreilles Ojibwe Public Broadcasting equipment. The station serves a that will provide first public Corporation, 13386 W. Trepania Road population of 750,000 people. broadcasting television programming to Hayward, WI 54843. Contact: Ms. over 175,000 residents of the north Camille Lacapa, Program Director, (715) Washington Puget Sound region of Washington 634–2100. Funds Requested: $99,881. File No. 99012CTB, Spokane School State. Total Project Cost: $199,762. To District #81, 3911 S. Regal Street improve public radio station WOJB–FM, Spokane, WA 99223. Contact: Mr. Wisconsin 88.9 MHz in Hayward, WI, by replacing Claude Kistler, General Manager, (509) File No. 99030IPTN, La Crosse the damaged 16-year-old transmitter and 353–5777. Funds Requested: $144,847. Medical Health Science Consortium, purchasing test equipment. The project Total Project Cost: $289,694. To Inc., 105 Graff Main Hall La Crosse, WI will also replace studio equipment with improve public television station KSPS– 54601. Contact: Dr. Martin Venneman, new DAT machines, CD players, a stereo TV, Channel 7 in Spokane, WA, by Executive Director, (608) 785–8218. generator, microphones, amplifiers and replacing one-inch and 3/4’’ videotape Funds Requested: $125,400. Total speakers. The station serves a machines with a digital video server and Project Cost: $167,200. To help the La population of 129,000 people. purchasing digital test equipment. The Crosse Medical Health Science File No. 99205CTB, Wisconsin station serves a population of 1.3 Consortium, Inc. (LMHSC), La Crosse, Educational Communications Board, million people. WI, plan for the activation of a distance 3319 West Beltline Highway Madison, File No. 99041CRB, Evergreen State learning network. In this proposal, the WI 537134296. Contact: Mr. Thomas College, College Activities Building 301 LMHSC would develop detailed plans Fletemeyer, Executive Director, (608) Olympia, WA 98505. Contact: Mr. for the first phase of a two-stage, long- 264–9676. Funds Requested: $901,240. Michael Huntsberger, General Manager, range plan to establish a regional Total Project Cost: $1,802,480. To (360) 866–6000. Funds Requested: telecommunications network of convert public station WHRM–TV, $77,576. Total Project Cost: $129,294. ‘‘virtual’’ Population Health Centers Channel 20 in Wausau, WI, to digital To expand and improve the facilities of throughout the LMHSC’s service area. broadcasting on Digital Channel 24 by KAOS–FM, operating on 89.3 MHz in The service area encompasses 22 purchasing and installing a digital Olympia, WA, by relocating and counties in southwestern Wisconsin and transmitter, antenna and transmission replacing the transmitter, the antenna, parts of Minnesota and Iowa. The long- line, STL, encoder and test equipment. STL and related equipment. The station range plan’s first phase would center on The station serves a population of will also increase power providing first three Wisconsin communities: Black 478,450. public radio services to over 36,000 River Falls (Jackson Co.); Mauston people, for a total of about 62,000 (Juneau Co.); and Prairie du Chien West Virginia additional listeners. KAOS–FM (Crawford Co.). The LMHSC is a File No. 99135PRB, Educated currently serves 80,000 people. collaborative body comprising the Communications Unlimited, 109 File No. 99050CRB, Washington State University of Wisconsin/La Crosse, Glenwood Avenue Charleston, WV University, 382 Murrow Center Western Wisconsin Technical College, 25312. Contact: Ms. Lisa Miller, Pullman, WA 99164. Contact: Mr. Viterbo College, Gundersen Lutheran Director, (304) 345–7594. Funds Dennis Haarsager, Associate VP & Medical Center, and Franciscan Skemp Requested: $75,000. Total Project Cost: General Manager, (509) 335–6511. Healthcare. $75,000. To plan for the establishment Funds Requested: $74,205. Total Project File No. 99118CTB, Milwaukee Area of a public radio station serving the Cost: $98,940. To extend the services of Technical College District Board, 1036 residents of Charleston, Huntington and the Northwest Public Radio Network by North 8th Street Milwaukee, WI 53233. Beckley, West Virginia. constructing a repeater station in Contact: Mr. Bryce Combs, General File No. 99220CTB, West Virginia Chehalis, operating on 88.9 MHz, Manager, (414) 297–7661. Funds Educational Broadcasting Authority, serving rural western Washington and Requested: $690,611. Total Project Cost: 600 Capitol Street Charleston, WV providing first public radio $1,381,223. To improve the 25301. Contact: Mr. Bill Acker, General programming to over 62,000 residents of transmission facilities of public Manager, (304) 558–3400. Funds the area. television station WMVT–TV, operating Requested: $760,567. Total Project Cost: File No. 99119CTB, KCTS Television, on Ch. 36 in Milwaukee, by replacing $1,521,134. To improve and upgrade the 401 Mercer Street Seattle, WA 98109. the transmitter, antenna and production capability of the State

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Network by replacing the router will replace the current analog population of over 1.8 million residents switcher, a 30-year-old lighting system, microwave interconnection system with of West Virginia. the character generator and the editing a fiber-optic ATM system and purchase Bernadette McGuire-Rivera, system at the Network’s news and and install new character generators at Associate Administrator, Office of public affairs production studio in the Huntington and Morgantown Telecommunications and Information Charleston, WV. In addition, the project stations. The Network serves a Applications. [FR Doc. 99–9950 Filed 4–22–99; 8:45 am] BILLING CODE 3510±60±P

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DEPARTMENT OF JUSTICE (VAWO) of the Office of Justice Sexual assault is the second most Programs (OJP) proposes to amend the common violent crime committed on Office of Justice Programs regulations governing the STOP college campuses, according to a Violence Against Women Formula and national survey of 3,472 students at 12 28 CFR Part 90 Discretionary Grants Program, found at randomly selected sites around the [OJP (OJP)±1206] 28 CFR Part 90, to comply with the country.4 This 1995 study also revealed amendments to the authorizing statutes, that: RIN 1121±AA49 42 U.S.C. 3796gg through 3796gg–5, • Most of the perpetrators of sexual Grants To Combat Violent Crimes enacted by the Violence Against Women victimization are fellow students known Against Women on Campuses Act, Title IV of the Violent Crime to the victims; Control and Law Enforcement Act of • More sexual victimizations occur AGENCY: Violence Against Women 1994, Public Law 103–322, and Title on-campus than off-campus; Office, Office of Justice Programs, VIII, Part E, section 826 of the Higher • Half of the off-campus sexual Justice. Education Amendments of 1998, Public victimizations occur in the victims’ ACTION: Proposed rulemaking. Law 105–244, 112 Stat. 1815 (1998). The Higher Education Amendments residence and an additional one-third SUMMARY: The Violence Against Women of 1998 authorize Federal financial occur in off-campus student housing, Office, Office of Justice Programs, U.S. assistance to institutions of higher such as fraternities; Department of Justice, is publishing education to work individually or in • Most of the victims of sexual proposed regulations governing the consortia consisting of campus assaults are full-time students, with implementation of Grants to Combat personnel, student organizations, about one-third of them being freshmen Violent Crimes Against Women on campus administrators, security between 17–19 years old; and Campuses authorized by Title VIII, Part personnel, and regional crisis centers • Almost 81 percent of the on-campus E, section 826 of the Higher Education affiliated with the institution. Grant and 84 percent of the off-campus sexual Amendments of 1998. This funds may be used to develop, assaults are not reported to police. authorization provides funds to implement, and strengthen effective Consistent with the findings of this institutions of higher education for two security and investigation strategies to survey, numerous other studies have broad purposes: To develop and combat violent crimes against women also revealed that sexual assaults, as strengthen effective security and on campuses, including sexual assault, well as other forms of violence against investigation strategies to combat stalking, and domestic violence; and to women, are seriously underreported violent crimes against women on develop and strengthen victim services generally and on campuses, indicating campuses, particularly domestic and prevention efforts. that the problem is even more acute violence, sexual assault, and stalking Statement of the Problem than the available data suggest. Victims and to develop, enlarge, and strengthen cite a number of reasons for not victim services in cases involving Violence against women on college reporting the violence, including violent crimes against women on and university campuses is a serious, considering the matter to be private, widespread problem. More than half of campuses. being unaware or unclear that the all stalking victims are between 18–29 As microcosms of the larger society, violent behavior was in fact criminal, years old, according to the National institutions of higher education harbor being embarrassed, fearing reprisals, Violence Against Women Survey many of the same social conditions and and in some instances relenting to peer sponsored by the National Institute of forces that permit violence against pressure, especially when the Justice (NIJ) and the Centers for Disease women to occur outside the campus perpetrator is a prominent member of Control and Prevention.1 Similarly, community. Sexism, male student the campus community, such as an National Crime Victimization Survey support systems that validate and athlete. perpetuate violence against women, and (NCVS) data indicate that more than 52 percent of all rape/sexual assault One of the most frequent factors cited institutional minimization of, or for violence against women on campus indifference to, violence against women victims are females younger than age 25.2 Although these figures are for the is substance abuse, particularly alcohol can create a climate that is inhospitable abuse, which is disproportionately high to women. Therefore, the higher population as a whole, they are especially significant for the campus among college students. A survey of education community must address not 89,874 students at 171 institutions of only the actual incidents and community in its efforts to recognize and address violent crimes against higher education revealed that alcohol consequences, but also the underlying was involved in 74 percent of the sexual causes of violence against women. women, given the typical age of the campus populace. Further, results of assaults.5 Another study conducted by DATES: Comments will be received no several studies indicate that among the Harvard School of Public Health later than 5:00 p.m. on May 24, 1999. college students, the average prevalence indicates that ‘‘non-binge drinking ADDRESSES: Comments may be sent to rate for nonsexual dating violence is 32 women living on campuses with high Preet Kang, Senior Associate, Violence percent.3 levels of binge drinking had almost Against Women Office, Office of Justice twice the risk of experiencing unwanted Programs, 810 Seventh Street, N.W., 1 ‘‘Stalking and Domestic Violence,’’ Attorney Washington, D.C. 20531. General’s Third Annual Report to Congress under 4 Bonnie Fisher, John J. Sloan, III, and Francis T. FOR FURTHER INFORMATION CONTACT: the Violence Against Women Act, Office of Justice Cullen, ‘‘Final Report: Understanding Crime Preet Kang, Senior Associate, Violence Programs, Violence Against Women Grants Office, Victimization Among College Students: (Washington, DC: U.S. Department of Justice, July Implications for Crime Prevention,’’ Funded Against Women Office, Office of Justice 1998), p. 10. through National Institute of Justice Grant No. 93– Programs, 810 Seventh Street, N.W., 2 U.S. Department of Justice, Bureau of Justice IJ–CX–0049, 1995, p. 65. Washington, D.C. 20531. Telephone: Statistics, ‘‘Age Patterns of Victims of Serious 5 Presley, C.A., Meilman, P.W., Cashin, J.R., (202) 307–6026. Violent Crime,’’ September 1997, NCJ–162031. Leichliter, J.S., ‘‘Alcohol and Drugs on American 3 ‘‘Fact Sheet on Dating Violence,’’ Centers for College Campuses: Issues of Violence, A Report to SUPPLEMENTARY INFORMATION: The Disease Control and Prevention, National Center for College Presidents,’’ Core Institute Monograph, Violence Against Women Office Injury Prevention and Control, January 1998, p. 1. Southern Illinois University, Carbondale, IL, p. 4.

VerDate 23-MAR-99 12:16 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\A23AP2.056 pfrm08 PsN: 23APP2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 20091 sexual advances as their counterparts at Historically, institutions of higher effort must involve the larger lower drinking-level schools.’’ 6 education generally have handled community in which the institution is While alcohol may be an important, crimes of violence against women located by developing partnerships with and all too frequent, exacerbating factor through closed administrative community-based victim service in violence against women in the procedures or processes rather than providers, victim advocates, local law campus community, alcohol initiating criminal proceedings through enforcement and prosecution agencies consumption cannot be viewed as a the local law enforcement agency. and other criminal justice officials. A causative factor of these crimes. However, this approach, where it is comprehensive, coordinated approach Ultimately, the responsibility for the used in lieu of a report to local law not only provides enhanced victim criminal actions rests with perpetrators, enforcement, sends a message to safety and offender accountability, but who must be held accountable. victims, perpetrators, and the entire also includes prevention efforts to Unfortunately, many male students campus community that violence address the underlying causes of continue to hold beliefs and attitudes, against women is not criminal behavior. violence against women. about gender roles, often supported by Quite simply, an administrative Implementation of such coordinated their male peers, that result in the response trivializes the seriousness of strategies sends a strong message that physical and sexual abuse of women, these crimes. When campus acts of violence against women are whether or not alcohol is involved. administrators fail to respond serious criminal offenses and that Recently, cases have been reported in adequately, they perpetuate the ending violence against women requires which perpetrators have used drugs to acceptance and continuation of violence the involvement of the entire campus subdue their victims prior to the sexual against women and may also encourage and broader community. assault. These drugs, such as Rohypnol the escalation of such behaviors. Elements of a coordinated, and GHB, can be easily slipped into Institutions of higher education are in multidisciplinary response include: drinks and consumed by unsuspecting a unique position to educate young men • Enlisting the full support and victims. Within 15 to 30 minutes of and women about violence against commitment of the entire campus ingestion, the drugs may produce effects women, and to help shape attitudes that leadership of the higher education ranging from drowsiness, impaired students will carry with them long after institution, including the president or memory or judgement, loss of motor they leave. The campus community can chancellor. This commitment can be skills, and dizziness to loss of create large-scale social change by demonstrated by establishing and consciousness. These effects are further adopting policies and protocols that strengthening campus policies and magnified when the drugs are mixed treat violence against women as a protocols; consistently implementing with alcohol and can be potentially serious offense and by developing these policies; vigorously responding to lethal. Victims often do not remember victim services and programs that make victimization; publicly condemning all the attack itself but wake up knowing victim safety, offender accountability forms of violence against women; and that something is wrong. They may have and prevention of such crimes a high actively communicating expectations hazy memories of waking up for a few priority. Through their policies, about appropriate conduct. For instance, seconds during the assault and then protocols, and actions, colleges and the president of the University of losing consciousness again. For these universities can demonstrate to every Virginia wrote a letter condemning reasons, an assault may not be reported student that violence against women in acquaintance rape, along with a to the police for several days, if at all, any shape or form will not be tolerated discussion of what constitutes and victims may have difficulty and that sexual assault, stalking, and acquaintance rape.7 Both the letter and testifying in court about the assault. domestic violence are serious crimes, the discussion were published in the Unlike their counterparts in the larger requiring legal action. Should such college newspaper. community, female students victimized violence and abuse occur, appropriate • Emphasizing that sexual assault, by fellow students often face additional steps should be taken to ensure victim stalking, and domestic violence are challenges in a ‘‘closed’’ campus safety and offender accountability both serious crimes and encouraging victims environment. For instance, stalking through internal administrative to report these crimes to criminal justice victims may find it difficult to escape disciplinary processes and through the authorities. Higher education their tormentors because the stalker may criminal justice system. Violence institutions, as a matter of policy, have a seemingly ‘‘legitimate’’ reason for against women should be treated with should routinely provide information remaining in contact with or proximity the same gravity as any other criminal about the criminal and civil justice to the victim (e.g., attending class or justice matter, whether it occurs on a options available to victims, with studying in the library). Similarly, the campus, on the streets, or in private guidance on how to access these fear and anguish suffered by rape homes. systems (e.g., providing information victims may continue because they cards that list addresses and telephone attend the same classes or live in the Effective Responses to Combat Violence numbers of sexual assault and domestic same dormitory as their rapists. Even Against Women on Campuses violence units in the local police changing class schedules or living The cornerstone of any effective department and the prosecutor’s office). arrangements may not eliminate the strategy for addressing violence against Victims should be provided assistance threat of encountering the perpetrator women must include the development with obtaining services from criminal on campus, assuming such options are of a coordinated, multidisciplinary justice agencies (for example, available without the victim incurring response involving the entire campus transportation to the police department any academic disadvantage or further community, including victim service or the court.) financial penalties and emotional providers, campus security, faculty, • Developing formal written policies hardship. staff, administrators, offices of the dean and protocols specifically for of students, women’s centers, the 6 Henry Wechsler, Bryn Austin, and William athletic department, student groups, 7 ‘‘Preventing Alcohol-Related Problems on DeJong, ‘‘Secondary Effects of Binge Drinking on fraternity and sorority life coordinators, Campus: Acquaintance Rape, A Guide for Program College Campuses,’’ The Higher Education Center Coordinators,’’ The Higher Education Center for for Alcohol and Other Drug Prevention Bulletin, health care professionals, and campus Alcohol and Other Drug Prevention, (Newton, MA, February 1996, p. 4. clergy. In addition, this comprehensive 1997), p. 5–7.

VerDate 23-MAR-99 12:16 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\A23AP2.058 pfrm08 PsN: 23APP2 20092 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules responding to sexual assault, stalking, with community-based victim service attitudes, beliefs, and conditions that and domestic violence, emphasizing providers, victim advocates, and local allow violence against women to exist victim safety and confidentiality, as law enforcement authorities to enhance in our society. These education well as meaningful offender collaboration and coordination of programs should be made an integral accountability. These policies and resources so that victims receive component of orientation sessions for protocols must be formulated in services tailored to their specific safety all first year students and other new collaboration with community and needs and perpetrators are held students on campus and be mandatory campus experts on violence against accountable through the criminal and for all campus employees. women to ensure that the needs of civil justice system. These partnerships • Formulating audience-specific victims are met and that perpetrators are have the added benefit of ensuring that training and awareness campaigns and held accountable. the higher education institution’s developing resources to reach out These protocols should provide clear decisionmaking is informed by the effectively to student groups, such as guidance to campus officials on specific realities and experiences of the larger athletes, fraternities, sororities, student procedures for handling incidents of community. groups representing diverse sexual assault, stalking and domestic • Reviewing and revising, if communities, first year students, and violence, including who victims should necessary, the student and employee other new students. Materials should be notify on campus, how victims should codes of conduct and policies to ensure tailored to the specific audiences being make a report, the specific procedures to that incidents involving violence against addressed. Members of these student be followed once a report is made, and women are treated as serious offenses, groups should be recruited as trainers how officials should work with victims with strong consequences. These codes and spokespersons on issues related to on the issue of notifying local law of conduct should be distributed to violence against women. These enforcement agencies to report the every new student and employee individuals should receive rigorous crime. The protocols must make clear entering the institution. Institutions training on the underlying causes of that sexual assault, stalking, and should explore other means of such violence. domestic violence are crimes, that disseminating this information as • Developing ongoing, innovative victims must be provided full widely as possible, including posting public outreach campaigns to raise information on how to report these the code on an institution’s website, awareness and reinforce continually the crimes to local law enforcement, and sending it through e-mail, and posting information provided during the that officials must not dissuade victims excerpts on student and employee training. Possible opportunities for this from reporting these crimes to local law bulletin boards throughout the campus. ongoing training could include the enforcement. Training should be • Working in collaboration with periodic meetings convened by resident provided to all relevant persons in campus and community-based victim assistants for dormitory residents, and positions likely to respond to, or have advocates and victim service providers special events in conjunction with authority over those responding to, to develop training programs and sexual assault and domestic violence violent crimes against women. materials (e.g., brochures and stickers awareness months. As part of this These policies and protocols must be with campus and local hotline numbers) outreach campaign, the campus and widely disseminated to the campus for students and campus employees that local community media, such as the community. Written materials should be explain the causes and consequences of campus radio and television stations, developed for dissemination by the violence against women. This training could be used to disseminate office of the dean of students, should include basic information and information about violence against explaining the protocols and procedures precise definitions of sexual assault, women, including how to identify signs as well as how victims can contact local domestic violence, and stalking so that of abuse, the legal rights of victims, law enforcement. These materials everyone understands what actions availability of resources for victims, and should also explain when a report will constitute each of these crimes, that sanctions for perpetrators. be filed with an internal disciplinary these crimes are serious, and that • Developing strategies for preventing board, how the board operates, how offenders will face severe criminal violence against women on campuses long it will take to review and take sanctions. Information must be provided through education programs and media action on such a report, the victim’s and about both the internal institutional and campaigns. These efforts should be perpetrator’s rights before the board, the external legal sanctions against designed to change the social norms, range of sanctions or disciplinary perpetrators; common myths and attitudes that support and actions possible, and any other relevant surrounding violence against women; perpetuate violence against women. information. why different victims may have very • Evaluating the campus • Developing comprehensive, different responses to the same crime; infrastructure for safety and security appropriate victim services for all the importance of gathering evidence and the quality and availability of students 8 and campus employees 9, promptly after a crime has been resources such as escort services after including underserved campus committed; the role of drugs and alcohol dark, shuttles, and extra lighting. This populations. To accomplish this goal, as contributory factors, including undertaking, however, should be only institutions of higher education must Rohypnol, GHB, and other drugs used one element of a larger effort to address forge strong, meaningful partnerships by rapists; maintenance of victim the problem comprehensively. As confidentiality; available campus and studies indicate, most women are 8 For the purposes of this Grant Program, students community resources and how to access victimized in private spaces, such as include both full- and part-time students enrolled them; safety planning; how peers can houses or apartments, by people they at an institution of higher education. 9 For the purposes of this Grant Program, support victims and hold offenders know. Therefore, by themselves, employees include full-and part-time permanent accountable; campus policies and physical security measures have only a faculty, staff, and administrators, as well as protocols addressing violence against limited impact. temporary and contract employees (e.g., visiting women; and any mandatory reporting Campus sexual assault, stalking, and professors who are on sabbatical from other institutions for an extended time), and contractors policies and laws. The training should domestic violence are serious crimes whose primary work duties are on campus or at a also include a discussion of the requiring swift, forceful and coordinated location that is affiliated with the institution. underlying causes, such as social responses from the higher education

VerDate 23-MAR-99 12:16 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\A23AP2.059 pfrm08 PsN: 23APP2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 20093 community. These responses must be For Fiscal Year 1999, Congress Distribution of Grant Funds sensitive to victims’ needs and safety appropriated $10 million to the The Higher Education Amendments and must hold offenders accountable for Department of Justice to fight violent of 1998 call on the Attorney General to their criminal actions through the crimes against women on campuses award the Grants to Combat Violent criminal justice system and, as a across the country. These funds will be Crimes Against Women on Campuses on supplement but not a substitute, awarded competitively for the following a competitive basis. Every effort will be through internal administrative broad purposes: made to ensure the equitable disciplinary processes. Pursuing 1. To provide personnel, training, participation of private and public criminal charges enables victims of technical assistance, data collection, institutions of higher education in violence against women to use the and other equipment to increase arrests, activities supported through this Grant criminal justice system to enhance their investigations, and adjudication of Program and the equitable geographic safety and potentially deter future persons committing violent crimes distribution of grants under this section abuse. These intervention efforts, against women on campus; among the various regions of the however, must be combined with 2. To train campus administrators, country. prevention strategies that seek to change campus security personnel, and campus the underlying campus culture and disciplinary or judicial boards to Eligibility Requirements social norms that explicitly or implicitly identify and respond more effectively to To be eligible to receive grant funds support violent and abusive behavior violent crimes against women on under this Program, all grant applicants against women. campus, including sexual assault, must be in compliance with the campus Fiscal Year 1999 Grants To Combat stalking, and domestic violence; crime reporting requirements set forth Violent Crimes Against Women on 3. To implement and operate in 20 U.S.C. 1092 (f) as amended by Campuses education programs for prevention of Public Law 105–244, 112 Stat. 1581, violent crimes against women; Consistent with the vision guiding all section 486(e) (1998). 4. To develop, expand, or strengthen of the efforts supported through the This section requires in part that all support services programs, including Violence Against Women Act (VAWA), institutions of higher education collect medical or psychological counseling, for the Grants to Combat Violent Crimes crime statistics and information about victims of sexual offense crimes; Against Women on Campuses are any campus security policies for their 5. To create, disseminate, or otherwise designed to encourage the higher respective campuses. The information education community to adopt provide assistance and information must be compiled in an annual security comprehensive, multidisciplinary about victims’ options on and off report and disseminated to all current strategies for preventing, detecting, and campus to bring disciplinary or other students and employees, and, upon stopping violence against women, legal action; request, to any applicant for enrollment particularly sexual assault, stalking, and 6. To develop and implement more or employment. The annual security domestic violence. Addressing and effective campus policies, protocols, report must contain information ending violence against women is the orders, and services to prevent, identify, regarding campus security policies and entire community’s responsibility. and respond to violent crimes against campus crime statistics. (See Exhibit A Institutions of higher education, women on campus, including the at the end of this document for relevant working in partnership with the crimes of sexual assault, stalking, and provisions of the Campus Security Act communities in which they are located, domestic violence; of 1990, as amended by Public Law must adopt coordinated, campus-wide 7. To develop, install, and expand 105–244, 112 Stat. 1741, section 486 (e) and community-wide efforts for data collection and communication of the Higher Education Amendments of responding to sexual assault, stalking, systems, including computerized 1998.) systems, linking campus security to the and domestic violence. Accordingly, all FERPA Requirements applicants for these grants are strongly local law enforcement for the purposes encouraged to form consortia consisting of identifying and tracking arrests, To be eligible for this Grant Program, of campus personnel, such as the protection orders, violations of institutions of higher education must athletic department and the women’s protection orders, prosecutions, and certify that they have developed policies center; student organizations, such as convictions with respect to violent consistent with the requirements of the fraternities and sororities; groups crimes against women on campus, Amendment to the Family Educational working with diverse communities; including sexual assault, stalking, and Rights and Privacy Act (FERPA) of 1974, campus housing officials, including domestic violence; as amended by Public Law 105–244, 112 student residence hall assistants; 8. To develop, enlarge, or strengthen Stat. 1835, section 951 of the Higher campus administrators, such as the victim service programs for the campus Education Amendments of 1998. (See institution’s president and the dean of and to improve delivery of victim Exhibit B at the end of this document students; campus disciplinary boards; services on campus; for an excerpt of this section.) Under security personnel such as campus 9. To provide capital improvements FERPA and if permissible under State police and local law enforcement; and (including improved lighting and law, an institution of higher education on-campus and community-based communications facilities but excluding may disclose to law enforcement victim service providers; prosecutors; the construction of buildings) on agencies the name of the student who is and judicial personnel to shape and campuses to address violent crimes an alleged perpetrator of any crime of guide grant-funded efforts. This against women on campus, including violence or a nonforcible sex offense, as multidisciplinary approach is intended the crimes of sexual assault, stalking, well as his or her offense and any to create strategies that are responsive to and domestic violence; and sanctions imposed upon him or her as victims, bring perpetrators to justice and 10. To support improved coordination a result of campus disciplinary change the underlying campus climate among campus administrators, campus proceedings conducted by the to make it inhospitable to violence and security personnel, and local law institution. FERPA permits such abuse against women in all shapes and enforcement to reduce violent crimes disclosure only after a student has been forms. against women on campus. found to have been in violation of the

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Moreover, • provide assurances that Federal being sought on a broad range of issues, FERPA, as amended by Section 951 of funds made available under this section including but not limited to the topics the Higher Education Amendments of shall be used to supplement and, to the below. 1998, prohibits such disclosures by extent practical, increase the level of • The Violence Against Women institutions of higher education unless funds that would, in the absence of Office of the Office of Justice Programs the victim(s) and/or witness(es) provide Federal funds, be made available by the is seeking comments on any other their written consent. institution for the 10 purpose areas set priority areas that should be considered To be eligible for this Grant Program, forth in section 826 (b) of the Higher in addition to the statutory purpose grantees are required to disclose to law Education Amendments of 1998. 20 areas identified in § 90.102 of Subpart E enforcement information permitted U.S.C. 1152. of the regulation set out in the following under FERPA provided that it is pages. consistent with State law, but only if the Other Requirements • For the purposes of this Program, victim requests or agrees to the OJP will require all applicants seeking the Violence Against Women Office of disclosure. Victims’ consent to funds for capital improvements to the Office of Justice Programs is seeking disclosure is necessary because their combine these efforts with a broader comments on whether there are any safety, confidentiality, and privacy approach to addressing violence against special needs of diverse campuses with could be compromised. women, consisting of some combination underserved populations that should be In addition, the Violence Against of the following: victim service considered. Women Office of the Office of Justice provision or formation of a task force • For the purposes of this Program, Programs will require all institutions of whose members include representatives victims are eligible for assistance higher education applying for grant of the institution’s administration, the provided through grant-funded funds to certify that they have, or plan athletic department, student programs if they qualify for the types of to develop within 60 days of receipt of organizations such as the fraternities services provided through rape crisis grant funds, written policies prohibiting and sororities, the women’s center, the centers, campus women’s centers, the disclosure of a victim’s or a witness’ health center, faculty and staff. While battered women’s shelters, sexual name, address, telephone number, or security strategies such as increased assault and domestic violence programs, any other identifying information lighting and alarms are important, to be including campus counseling support without the prior voluntary written fully effective they must be part of a and victim advocate organizations, consent of the victim or witness. All broader coordinated community campus health centers, and other applicants will be required to forward response that addresses the underlying campus victim service providers, copies of these policies to the Violence causes of violence against women. All consistent with section 826(b)(4), (5) Against Women Office of the Office of applicants also will be required to enter and (8) of the Higher Education Justice Programs with their grant into partnerships with nonprofit, Amendments of 1998. The Violence application, or if no such policies have nongovernmental victim service Against Women Office of the Office of been developed, institutions must providers through formal memoranda of Justice Programs is seeking comments include written assurances in their grant understanding (MOU) clearly describing on whether this scope of eligibility application that within 60 days of the responsibilities of each partner. adequately covers the types of services needed by victims. receipt of a grant award, they will Reporting Requirements • develop written policies and forward For the purposes of this Program, copies of these policies to the Violence In addition to semi-annual progress section 826(f) of the Higher Education Against Women Office of the Office of reports, all institutions of higher Amendments of 1998 defines the term Justice Programs. Institutions must also education receiving a grant through this ‘‘victim services’’ to mean a nonprofit, certify that these policies were Program are required to submit annual nongovernmental organization that developed in close collaboration with performance reports to the Violence assists domestic violence or sexual campus-based or community-based Against Women Office in the Office of assault victims, including campus victim service programs. Justice Programs. Funding shall be women’s centers, rape crisis centers, suspended if an institution fails to battered women’s shelters, and other Application Requirements submit an annual performance report. sexual assault or domestic violence In their applications, all grant Upon completion of the grant period, programs, including campus counseling applicants must: the institution shall be required to file support and victim advocate • describe the need for grant funds a performance report with the Violence organizations with domestic violence, and a plan for implementation of any of Against Women Office of the Office of stalking, and sexual assault programs, the 10 purposes areas. Higher Education Justice Programs, Violence Against whether or not organized and staffed by Amendments of 1998, section 826 (b), Women Office, and the U.S. Department students. This statutory definition 20 U.S.C. 1152; of Education’s Safe and Drug-Free excludes victim service providers, • describe how campus authorities Schools Program, explaining the including women’s centers, rape crisis shall consult and coordinate with activities carried out and assessing the centers and other sexual assault and nonprofit and other victim service effectiveness of those activities in domestic violence programs that are programs both on campus and in the achieving the purposes of the Program. established and operated by public local community, including sexual institutions of higher education. The Request for Comments assault and domestic violence victim Violence Against Women Office of the service programs; In an effort to fulfill the letter, as well Office of Justice Programs is seeking • describe the characteristics of the as the spirit of Title VIII, Part E, Section comments on whether and/or how the population being served, including type 826 of the Higher Education exclusion of programs established and of campus, demographics of the Amendments of 1998, the Violence operated by public institutions will population, and the number of students; Against Women Office of the Office of affect the effectiveness of this Program. • provide measurable goals and Justice Programs seeks comments on all • For the purposes of this Grant expected results from the use of grant aspects of this Program, consistent with Program, the Violence Against Women funds; and the statutory limitations. Comments are Office of the Office of Justice Programs

VerDate 23-MAR-99 12:16 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\A23AP2.062 pfrm08 PsN: 23APP2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 20095 is defining ‘‘students’’ to include both creditors, and landlords; relocation to but also through the criminal and civil full- and part-time students enrolled at another on-campus housing facility; justice systems. an institution of higher education; and provision of new locks and other • For the purposes of this Grant ‘‘employees’’ of the institution to security devices; provision of a new, Program, institutions of higher include full- and part-time faculty, staff, unlisted telephone number and e-mail education would be required to and administrators, as well as temporary address; provision of services to victims establish specific penalties for specific and contract employees such as visiting with disabilities; provision of language crimes, if not already in place (for professors, and contractors whose interpretation services; orientation to example, mandatory permanent primary work duties are on campus or the criminal justice and the institution’s expulsion for criminal justice system at a location that is affiliated with the administrative disciplinary systems; convictions or a finding of guilt by the institution. The Violence Against written information about the campus administrative disciplinary Women Office of the Office of Justice institution’s administrative disciplinary board for crimes of domestic violence, Programs is seeking comments on systems and criminal justice systems stalking, and sexual assault). whether or not these definitions and options; escort to court, the Institutions of higher education also adequately cover all persons on administrative disciplinary hearings, would have to develop means for campuses. and medical appointments; victim entering permanent notations on the • For the purposes of this Grant permanent student records or employee Program, ‘‘campus-community notification regarding offender release, case status and outcome; assistance with records of offenders. The Violence members’’ is defined as including all Against Women Office of the Office of campus students and employees as preparation of victim impact statements and restitution claims; assistance with Justice Programs is seeking comments defined above. The Violence Against on whether or not these requirements insurance and other compensation Women Office of the Office of Justice will assist in holding offenders claims; referrals to off-campus Programs is seeking comments on accountable adequately. counseling; arrangements for and whether or not the scope of the • For the purposes of this Grant definition of campus-community referrals to on-campus counseling; and Program, institutions of higher members adequately encompasses the assistance with a transfer to another education would be required to types of victimizations against women institution of higher education if the encourage victims to report sexual likely to occur in a campus victim chooses. For the purposes of this assault, domestic violence, and stalking environment. Grant Program, ‘‘victim services’’ • to local law enforcement authorities and For the purposes of this Grant excludes mediation between the victim hold offenders accountable through the Program, victims are eligible for services and the offender, and any counseling or criminal and civil justice systems. provided through grant funds if they are other support services for the Institutions must make every effort to students or employees (as defined perpetrator. The Violence Against facilitate victims’ access to the criminal above) at the institution. Victims are Women Office of the Office of Justice justice system by providing information also eligible for services provided Programs is seeking comments on about options; an explanation of how through grant funds if the victimization whether or not the scope of the the criminal justice system operates; took place within the campus proposed grant-funded services telephone numbers of appropriate law community as defined above. In adequately covers the needs of victims enforcement and legal agencies; and addition, victims are eligible for grant- of sexual assault, stalking, and domestic transportation to police stations, funded services if they are victimized by violence. prosecutor’s offices, and the courts. The perpetrators who are students, faculty, • For the purposes of this Grant Violence Against Women Office of the staff, administrators or affiliated in some Program, institutions of higher Office of Justice Programs is seeking manner with an entity that is officially education would be required to provide comments on whether or not these recognized by the institution of higher equal information about both the requirements would provide adequate education, such as fraternities and information to victims to enable them to sororities. Victims are also eligible for administrative disciplinary process and make informed decisions about their grant-funded services if the the criminal and civil justice process to options to use the criminal and civil victimization occurred at events victims, if available. In no case should justice systems. associated with campus life, such as less information be provided about the • For the purposes of this Grant educational activities, meetings, and criminal and civil justice process than Program, Congress appropriated $10 social gatherings sponsored by an about the internal institutional million. To maximize the impact of institution of higher education or a administrative disciplinary process in these limited funds, the Violence group affiliated with an institution of an effort to influence the victim to Against Women Office of the Office of higher education. The Violence Against pursue university adjudication of Justice Programs is seeking comments Women Office of the Office of Justice violent crimes against women. If on whether the most effective use of Programs is seeking comments on applicable, victims should be provided these funds would be to support a whether or not the eligibility criteria for with information about pursuing the grant-funded services adequately covers matter through both the criminal and limited number (e.g., 10 to 15) of all types of victims affiliated with civil justice systems and the carefully selected demonstration institutions of higher education. institution’s administrative disciplinary projects, or more numerous, smaller • For the purposes of this Grant process simultaneously. The Violence grants to a larger number of institutions Program, victim services include, but Against Women Office of the Office of of higher education. are not limited to, 24-hour hotlines; Justice Programs is seeking comments Administrative Requirements development of safety plans with the on whether or not this requirement victim; transportation to hospitals, adequately ensures that victims receive Executive Order 12866 medical appointments, police stations, information about options to seek This proposed regulation has been prosecutor’s offices, court hearings, and redress and hold the perpetrator drafted and reviewed in accordance on- and off-campus service agencies; accountable through not only internal with Executive Order 12866, section intervention with professors, employers, administrative disciplinary processes, 1(b), Principles of Regulation. The

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Office of Justice Programs has Paperwork Reduction Act support services for victims of sexual determined that this rule is not a The collection of information assault, stalking, and domestic violence. ‘‘significant regulatory action’’ under requirements contained in the proposed Executive Order 12866, section 3(f), § 90.101 What definitions apply for the regulation has been submitted to and grant program? Regulatory Planning and Review, and approved by the Office of Management For the purposes of this subpart, the accordingly this rule has not been and Budget for review under the following definitions apply: reviewed by the Office of Management Paperwork Reduction Act (44 U.S.C. and Budget. 3504(h)). (a) Domestic violence includes acts or threats of violence committed by a Executive Order 12612 List of Subjects in 28 CFR Part 90 current or former spouse of the victim, This regulation will not have Colleges and universities, Crime, by a person with whom the victim substantial direct effects on the States, Grant programs—Indians, Grant shares a child in common, by a person on the relationship between the national programs—law, Grant programs— who is cohabitating with or has government and the States, or on the women, Reporting and recordkeeping cohabitated with the victim, by a person distribution of power and requirements, Women. similarly situated to a spouse of the responsibilities among the various For the reasons set forth in the victim under the domestic or family levels of government. Therefore, in preamble, 28 CFR Chapter I is proposed violence laws of the jurisdiction, or by accordance with Executive Order 12612, to be amended as follows: any other person against a victim who it is determined that this rule does not is protected from that person’s acts have sufficient federalism implications PART 90ÐVIOLENCE AGAINST under the domestic or family violence to warrant preparation of a Federalism WOMEN laws of the jurisdiction. (b) Institution of higher education is Assessment. 1. The authority for part 90 is revised defined to include an educational to read as follows: Regulatory Flexibility Act institution in any State that admits as Authority: 42 U.S.C. 3711 et seq.; Sec. 826, regular students only persons having a The Office of Justice Programs, in part E, title VIII, Pub. L. 105–244, 112 Stat. certificate of graduation from a school accordance with the Regulatory 1815. providing secondary education, or the Flexibility Act (5 U.S.C. 605(b)), has 2. Part 90 is amended by adding a recognized equivalent of such a reviewed this regulation and by new Subpart E to read as follows: certificate; is legally authorized within approving it certifies that this regulation Subpart EÐGrants to Combat Violent such State to provide a program of will not have a significant economic education beyond secondary education; impact upon a substantial number of Crimes Against Women on Campuses Sec. provides an educational program for small entities for the following reasons: which the institution has been granted The Grants to Combat Violence Against 90.100 What is the scope of the grant program? preaccreditation status by such an Women on Campuses will be 90.101 What definitions apply for the grant agency or association that has been administered by the Office of Justice program? recognized by the Secretary for the Programs, and any funds distributed 90.102 What are the purposes of the grant granting of preaccreditation status, and under it shall be distributed to program? the Secretary has determined that there institutions of higher education, not 90.103 What are the eligibility requirements is satisfactory assurance that the small entities, and the economic impact for the grant program? 90.104 What must the grant program institution will meet the accreditation is limited to the Office of Justice standards of such an agency or Programs’ appropriated funds. application contain? 90.105 What are the review criteria for grant association within a reasonable time. Unfunded Mandates Reform Act of 1995 program applications? Section 101, Public Law 105–244, 20 90.106 What are the grantee reporting U.S.C. 1001. This rule will not result in the requirements for the grant program? (c) Sexual assault means any conduct expenditure by State, local, and Tribal proscribed by chapter 109A of Title 18, Subpart EÐGrants To Combat Violent governments, in the aggregate, or by the United States Code, whether or not the Crimes Against Women on Campuses private sector, of $100,000,000 or more conduct occurs in the special maritime in any one year, and it will not uniquely § 90.100 What is the scope of the grant and territorial jurisdiction of the United affect small governments. Therefore, no program? States or in a Federal prison, including actions were deemed necessary under This subpart implements the Higher both assaults committed by offenders the provisions of the Unfunded Education Amendments of 1998, Part E, who are strangers to the victim and Mandates Reform Act of 1995. Section 826 (Pub. L. 105–244, 112 Stat. assaults committed by offenders who Small Business Regulatory Enforcement 1815), which authorizes Federal are known or related by blood or Fairness Act of 1996 financial assistance to institutions of marriage to the victim. higher education to work individually (d) Victim services means a nonprofit, This rule is not a major rule as or in consortia consisting of campus nongovernmental organization that defined by § 804 of the Small Business personnel, student organizations, assists domestic violence or sexual Regulatory Enforcement Fairness Act of campus administrators, security assault victims, including campus 1996. This rule will not result in an personnel, and regional crisis centers women’s centers, rape crisis centers, annual effect on the economy of affiliated with the institution for two battered women’s shelters, and other $100,000,000 or more; a major increase broad purposes: to develop, implement, sexual assault or domestic violence in cost or prices; or significant adverse and strengthen effective security and programs, including campus counseling effects on competition, employment, investigation strategies to combat support and victim advocate investment, productivity, innovation, or violent crimes against women on organizations with domestic violence, on the ability of United States-based campuses, including sexual assault, stalking, and sexual assault programs, companies to compete in domestic and stalking, and domestic violence and to whether or not organized and staffed by export markets. develop, enlarge, and strengthen students.

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§ 90.102 What are the purposes of the with the campus crime reporting written assurances in their grant grant program? requirements as set forth in section application that within 60 days of The purposes of the grant program in 486(e) of the Higher Education receipt of a grant award, they will this subpart are: Amendments of 1998, as amended, develop written policies and forward (a) To provide personnel, training, Public Law 105–244, 112 Stat. 1741, 20 copies of these policies to the Violence technical assistance, data collection, U.S.C. 1092(f). Against Women Office of the Office of and other equipment to increase arrests, (b) To be eligible for this Grant Justice Programs; investigations, and adjudication of Program, such institutions of higher (7) Certify that policies referred to in persons committing violent crimes education referred to in paragraph (a) of paragraph (b)(4) of this section have against women on campus; this section must: been developed in close collaboration (b) To train campus administrators, (1) Collect crime statistics and with campus-based or community-based campus security personnel, and campus information about any campus security victim service programs; and disciplinary or judicial boards to more policies for their respective campuses, effectively identify and respond to and compile such data in an annual (8) Enter into partnerships with violent crimes against women on security report and disseminate it to all nonprofit, nongovernmental victim campus, including sexual assault, current students and employees, and, service providers through formal stalking, and domestic violence; upon request, to any applicant for memoranda of understanding (MOU) (c) To implement and operate enrollment or employment; clearly describing the responsibilities of education programs for prevention of (2) Include in all annual security each partner. violent crimes against women; reports referred to in paragraph (b)(1) of § 90.104 What must the grant program (d) To develop, expand, or strengthen this section information regarding application contain? support services programs, including campus security policies and campus medical or psychological counseling, for crime statistics; (a) Format. Applications from victims of sexual offense crimes; (3) Certify that they have developed institutions of higher education must be (e) To create, disseminate, or and carry out policies consistent with submitted on Standard Form 424, otherwise provide assistance and the requirements of the Amendment to Application for Federal Assistance, at a information about victims’ options on the Family Educational Rights and time designated by the Violence Against and off campus to bring disciplinary or Privacy Act (FERPA) of 1974, as Women Office of the Office of Justice other legal action; amended by Section 951 of the Higher Programs. The Violence Against Women (f) To develop and implement more Education Amendments of 1998 (under Office of the Office of Justice Programs effective campus policies, protocols, FERPA and if permissible under State will develop and disseminate to orders, and services to prevent, identify, law, an institution of higher education institutions of higher education and and respond to violent crimes against may disclose to law enforcement other interested parties a complete women on campus, including the agencies the name of the student who is Application Kit, which will include a crimes of sexual assault, stalking, and an alleged perpetrator of any crime of Standard Form 424, a list of assurances domestic violence; violence or a nonforcible sex offense, as to which applicants must agree, and (g) To develop, install, and expand well as his or her offense and any additional guidance on how to prepare data collection and communication sanctions imposed upon him or her as and submit an application for grants systems, including computerized a result of campus disciplinary under this Subpart. Complete systems, linking campus security to the proceedings conducted by the application kits will be available from: local law enforcement for the purposes institution. FERPA permits such The Violence Against Women Office, of identifying and tracking arrests, disclosure only after a student has been Office of Justice Programs, 810 Seventh protection orders, violations of found to have been in violation of the Street, N.W., Washington, D.C. 20531. protection orders, prosecutions, and institution’s rules or policies. Moreover, Telephone: (202) 307–6026. convictions with respect to violent FERPA, as amended by Section 951 of (b) Programs. Applications must set crimes against women on campus, the Higher Education Amendments of forth programs and projects that meet including sexual assault, stalking, and 1998, prohibits such disclosures by the purposes and criteria of the Grants domestic violence; institutions of higher education unless (h) To develop, enlarge, or strengthen to Combat Violent Crimes Against victim service programs for the campus the victim(s) and/or witness(es) provide Women on Campuses set out in and to improve delivery of victim their written consent.); §§ 90.102 and 90.103. (4) Disclose to law enforcement services on campus; (c) Requirements. Applicants in their (i) To provide capital improvements information permitted under FERPA applications must, at a minimum: provided that it is consistent with State (including improved lighting and (1) Describe the need for grant funds law, but only if the victim requests or communications facilities but excluding and a plan for implementation of any of the construction of buildings) on agrees to the disclosure; (5) Certify that they have, or plan to the 10 purpose areas set forth in section campuses to address violent crimes develop within 60 days of receipt of 826 (b) of the Higher Education against women on campus, including Amendments of 1998, Public Law 105– the crimes of sexual assault, stalking, grant funds, written policies prohibiting the disclosure of a victim’s or a witness’ 244, 112 Stat. 1816 (20 U.S.C. 1152); and domestic violence; and (2) Describe how campus authorities (j) To support improved coordination name, address, telephone number, or any other identifying information shall consult and coordinate with among campus administrators, campus nonprofit and other victim service security personnel, and local law without the prior voluntary written consent of the victim or witness; programs, including sexual assault and enforcement to reduce violent crimes domestic violence victim service against women on campus. (6) Forward copies of policies referred to in paragraph (b)(4) of this section to programs; § 90.103 What are the eligibility the Violence Against Women Office of (3) Describe the characteristics of the requirements for the grant program? the Office of Justice Programs with their population being served, including type (a) Eligible grantees are institutions of grant applications, or if no such policies of campus, demographics of the higher education that are in compliance have been developed, must include population, and the number of students;

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(4) Provide measurable goals and with campus-based or community-based women, its underlying causes, and the expected results from the use of grant victim service programs. consequences of committing violent funds; (6) Each institution of higher crimes against women. (5) Provide assurances that Federal education applying for grant funds must (c) Intergovernmental review. This funds made available under this section certify that all the information grant program is covered by Executive shall be used to supplement and, to the contained in the application is correct. Order 12372, Intergovernmental Review extent practical, increase the level of All submissions will be treated as a of Federal Programs (3 CFR, 1982 funds that would, in the absence of material representation of fact upon Comp., p. 197), and implementing Federal funds, be made available by the which reliance will be placed, and any regulations at 28 CFR Part 30. A copy institution for the 10 purposes as set false or incomplete representation may of the application submitted to the forth in section 826 (b) of the Higher result in suspension or termination of Violence Against Women Office of the Education Amendments of 1998, Pub. L. funding, recovery of funds provided, Office of Justice Programs should also 105–244, 112 Stat. 1816 (20 U.S.C. and civil and/or criminal sanctions. be submitted at the same time to the 1152); State’s Single Point of Contact, if there (6) Identify the agency or office or § 90.105 What are the review criteria for is a Single Point of Contact. groups of agencies or offices responsible grant program applications? for carrying out the Program; and (a) Equitable participation and § 90.106 What are the grantee reporting (7) Include documentation from geographic distribution. In accordance requirements for the grant program? nonprofit, nongovernmental sexual with Section 826(a)(3) of the Higher (a) Semi-annual progress reports and assault and domestic violence victims’ Education Amendments of 1998, Public annual performance reports. Each programs demonstrating their Law 105–244, 112 Stat. 1816, every grantee receiving funds under this participation in developing the effort shall be made to ensure: subpart shall submit semi-annual application, and explain how these (1) The equitable participation of progress reports and an annual groups will be involved in the private and public institutions of higher performance report to the Attorney development and implementation of the education in the activities assisted General (Office of Justice Programs, project. under this subpart; and Violence Against Women Office). (d) Certifications. (1) Each institution (2) The equitable geographic Funding shall be suspended if a grantee of higher education applying for grant distribution of grants funded through fails to submit an annual performance funds must be in compliance with the this subpart among the various regions report. eligibility requirements set out in of the United States. (b) Final performance report. Upon § 90.103. (b) Additional review criteria. Priority completion of the grant period, the (2) Each institution of higher shall be given to applicants that institution shall be required to file a education applying for grant funds must demonstrate a commitment to final performance report to the Attorney certify that it has developed policies developing strong collaborative models General (Office of Justice Programs, consistent with the requirements of the for developing services that are victim- Violence Against Women Office) and Amendment to the Family Educational centered; policies, protocols and the Secretary of Education (U.S. Rights and Privacy Act (FERPA) of 1974, penalties that hold offenders Department of Education’s Safe and at Section 951 of the Higher Education accountable; and programs that educate Drug Free Schools Program) explaining Amendments of 1998, Public Law 105– the entire campus community about the activities carried out under this 244, 112 Stat. 1835. how to end and prevent violence against Subpart along with an assessment of the (3) Each institution of higher women through systemic change. effectiveness of those activities in education applying for grant funds must Commitment may be demonstrated in a achieving the purposes set forth certify that it has, or plans to develop number of ways including: clear previously. communication from the institution’s within 60 days of receipt of grant funds, Note: The following exhibits will not written policies prohibiting the top leadership that strong responses to appear in the Code of Federal Regulations. disclosure of a victim’s or a witness’ and prevention of violence against name, address, telephone number, or women is a priority; development and Exhibit A to Preamble—Excerpts From any other identifying information vigorous enforcement of campus Section 204 of the Student Right-to- without the prior voluntary written policies and adherence to local laws Know and Campus Security Act, as consent of the victim or witness. addressing violence against women; Amended by Section 486(f) of the (4) Each institution of higher creation of coordinated, Higher Education Amendments of 1998 education applying for grant funds is multidisciplinary task forces that Relevant sections of the campus crime required to forward copies of these include at a minimum both campus and reporting requirements set forth in the policies to the Violence Against Women community-based victim service Student Right-To-Know and Campus Office of the Office of Justice Programs providers and campus security Security Act, as amended by the section personnel and local law enforcement; 486(e) of the Higher Education Amendments with their grant application, or if no 1 innovative approaches to educating the of 1998, 20 U.S.C. 1092(f), mandate the such policies have been developed, following: institutions must include written entire campus community, including (f) Disclosure of campus security policy assurances in their grant application faculty, staff, administration, and and campus crime statistics that within 60 days of receipt of a grant students; provision of training and (1) Each eligible institution participating in award, they will develop written education programs to campus security any program under this subchapter and part policies and forward copies of these personnel, others in positions of C of subchapter I of chapter 34 of Title 42 policies to the Violence Against Women authority, and campus victim service shall on August 1, 1991, begin to collect the providers; development of resource following information with respect to Office of the Office of Justice Programs. campus crime statistics and campus security (5) Each institution of higher materials and information on violence policies of that institution, and beginning education applying for grant funds must against women; and innovative September 1, 1992, and each year thereafter, certify that policies referred to in dissemination strategies for paragraph (d)(4) of this section have communicating information about the 1 Note: The official version of section 486(e) of been developed in close collaboration identification of violence against Public Law 105–244 appears at 112 Stat. 1742.

VerDate 23-MAR-99 16:42 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\23APP2.XXX pfrm01 PsN: 23APP2 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 20099 prepare, publish, and distribute, through institution, including those student of the House of Representatives and the appropriate publications or mailings, to all organizations with off-campus housing Committee on Labor and Human Resources current students and employees, and to any facilities. of the Senate on campus crime statistics by applicant for enrollment or employment (H) A statement of policy regarding the September 1, 2000; upon request, an annual security report possession, use, and sale of alcoholic (B) Make copies of the statistics submitted containing at least the following information beverages and enforcement of State underage to the Secretary available to the public; and with respect to the campus security policies drinking laws and a statement of policy (C) In coordination with representatives of and campus crime statistics of that regarding the possession, use, and sale of institutions of higher education, identify institution: illegal drugs and enforcement of Federal and exemplary campus security policies, (A) A statement of current campus policies State drug laws and a description of any drug procedures, and practices and disseminate regarding procedures and facilities for or alcohol abuse education programs as information concerning those policies, students and others to report criminal actions required under Section 1011i of this title. procedures, and practices that have proven or other emergencies occurring on campus (2) Nothing in this subsection shall be effective in the reduction of campus crime. and policies concerning the institution’s construed to authorize the Secretary to (6)(A) In this subsection: response to such reports. require particular policies, procedures, or (i) The term ‘‘campus’’ means— (B) A statement of current policies practices by institutions of higher education (I) Any building or property owned or concerning security and access to campus with respect to campus crimes or campus controlled by an institution of higher facilities, including campus residences, and security. education within the same reasonably security considerations used in the (3) Each institution participating in any contiguous geographic area of the institution maintenance of campus facilities. program under this subchapter and part C of and used by the institution in direct support (C) A statement of current policies subchapter I of chapter 34 of Title 42 shall of, or in a manner related to, the institution’s concerning campus law enforcement, make timely reports to the campus educational purposes, including residence including— community on crimes considered to be a halls; and (i) the enforcement authority of security threat to other students and employees (II) Property within the same reasonably personnel, including their working described in paragraph (1)(F) that are contiguous geographic area of the institution relationship with State and local police reported to campus security or local law that is owned by the institution but agencies; and police agencies. Such reports shall be controlled by another person, is used by (ii) policies which encourage accurate and provided to students and employees in a students, and supports institutional purposes prompt reporting of all crimes to the campus manner that is timely and that will aid in the (such as a food or other retail vendor). police and the appropriate police agencies. prevention of similar occurrences. (ii) The term ‘‘noncampus building or (D) A description of the type and frequency (4)(A) Each institution participating in any property’’ means— of programs designed to inform students and program under this subchapter [20 U.S.C.A. (I) Any building or property owned or employees about campus security procedures 1070 et seq.] and part C of subchapter I of controlled by a student organization and practices and to encourage students and chapter 34 of Title 42 [42 U.S.C.A. 2751 et recognized by the institution; and employees to be responsible for their own seq.] that maintains a police or security (II) Any building or property (other than a security and the security of others. department of any kind shall make, keep, and branch campus) owned or controlled by an (E) A description of programs designed to maintain a daily log, written in a form that institution of higher education that is used in inform students and employees about the can be easily understood, recording all direct support of, or in relation to, the prevention of crimes. crimes reported to such police or security institution’s educational purposes, is used by (F) Statistics concerning the occurrence on department, including— students, and is not within the same campus, in or on noncampus buildings or (i) The nature, date, time, and general reasonably contiguous geographic area of the property, and on public property during the location of each crime; and institution. most recent calendar year, and during the 2 (ii) The disposition of the complaint, if (iii) The term ‘‘public property’’ means all preceding calendar years for which data are known. public property that is within the same available— (B)(i) All entries that are required pursuant reasonably contiguous geographic area of the (i) Of the following criminal offenses to this paragraph shall, except where institution, such as a sidewalk, a street, other reported to campus security authorities or disclosure of such information is prohibited thoroughfare, or parking facility, and is local police agencies: by law or such disclosure would jeopardize adjacent to a facility owned or controlled by the confidentiality of the victim, be open to the institution, if the facility is used by the (I) murder; public inspection within two business days institution in direct support of, or in a (II) sex offenses, forcible or nonforcible; of the initial report being made to the manner related to the institution’s (III) robbery; department or a campus security authority. educational purposes. (IV) aggravated assault; (ii) If new information about an entry into (B) In cases where branch campuses of an (V) burglary; a log becomes available to a police or security institution of higher education, schools (VI) motor vehicle theft; department, then the new information shall within an institution of higher education, or (VII) manslaughter; be recorded in the log not later than two administrative divisions within an institution (VIII) arson; and business days after the information becomes are not within a reasonably contiguous (IX) arrests or persons referred for campus available to the police or security geographic area, such entities shall be disciplinary action for liquor law department. considered separate campuses for purposes violations, drug-related violations, and (iii) If there is clear and convincing of the reporting requirements of this section. weapons possession; and evidence that the release of such information (7) The statistics described in paragraph (ii) Of the crimes described in subclauses would jeopardize an ongoing criminal (1)(F) shall be compiled in accordance with (I) through (VIII) of clause (i), and other investigation or the safety of an individual, the definitions used in the uniform crime crimes involving bodily injury to any person cause a suspect to flee or evade detection, or reporting system of the Department of Justice, in which the victim is intentionally selected result in the destruction of evidence, such Federal Bureau of Investigation, and the because of the actual or perceived race, information may be withheld until that modifications in such definitions as gender, religion, sexual orientation, ethnicity, damage is no longer likely to occur from the implemented pursuant to the Hate Crime or disability of the victim that are reported release of such information. Statistics Act. Such statistics shall not to campus security authorities or local police (5) On an annual basis, each institution identify victims of crimes or persons accused agencies, which data shall be collected and participating in any program under this of crimes. reported according to category of prejudice. subchapter and part C of subchapter I of (8)(A) Each institution of higher education (G) A statement of policy concerning the chapter 34 of Title 42 [42 U.S.C.A. 2751 et participating in any program under this monitoring and recording through local seq.] shall submit to the Secretary a copy of subchapter and part C of subchapter I of police agencies of criminal activity at off- the statistics required to be made available chapter 34 of Title 42 shall develop and campus student organizations which are under paragraph (1)(F). The Secretary shall— distribute as part of the report described in recognized by the institution and that are (A) Review such statistics and report to the paragraph (1) a statement of policy engaged in by students attending the Committee on Education and the Workforce regarding—

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(i) Such institution’s campus sexual assault upon any person to enforce the provisions of except with respect to an action to enforce programs, which shall be aimed at this paragraph. this subsection. prevention of sex offenses; and (9) The Secretary shall provide technical * * * * * (ii) The procedures followed once a sex assistance in complying with the provisions offense has occurred. of this section to an institution of higher Exhibit B to Preamble—Excerpts From (B) The policy described in subparagraph education who requests such assistance. the Family Educational Rights and (A) shall address the following areas: (10) Nothing in this Section shall be Privacy Act of 1974, 20 U.S.C. 1232g(b), (i) Education programs to promote the construed to require the reporting or as Amended by Section 951 of the awareness of rape, acquaintance rape, and disclosure of privileged information. Higher Education Amendments of 1998 other sex offenses. (11) The Secretary shall report to the (ii) Possible sanctions to be imposed appropriate committees of Congress each Relevant sections of the Family following the final determination of an on- institution of higher education that the Educational Rights and Privacy Act of 1974, campus disciplinary procedure regarding Secretary determines is not in compliance 20 U.S.C. 1232g(b), as amended by Section rape, acquaintance rape, or other sex with the reporting requirements of this 951 of the Higher Education Amendments of 1 offenses, forcible or nonforcible. subsection. 1998, 112 Stat. 1835, state the following: (iii) Procedures students should follow if a (12) For purposes of reporting the statistics * * * * * sex offense occurs, including who should be with respect to crimes described in paragraph ‘‘(B) Nothing in this section shall be contacted, the importance of preserving (1)(F), an institution of higher education shall construed to prohibit an institution of evidence as may be necessary to the proof of distinguish, by means of separate categories, postsecondary education from disclosing the criminal sexual assault, and to whom the any criminal offenses that occur— final results of any disciplinary proceeding alleged offense should be reported. (A) on campus; conducted by such institution against a (iv) Procedures for on-campus disciplinary student who is an alleged perpetrator of any (B) in or on a noncampus building or action in cases of alleged sexual assault, crime of violence (as that term is defined in property; which shall include a clear statement that— Section 16 of Title 18, United States Code), (C) on public property; and (I) The accuser and the accused are entitled or a nonforcible sex offense, if the institution (D) in dormitories or other residential to the same opportunities to have others determines as a result of that disciplinary facilities for students on campus. present during a campus disciplinary proceeding that the student committed a proceeding; and (13) Upon a determination pursuant to violation of the institution’s rules or policies (II) Both the accuser and the accused shall section 1094(c)(3)(B) of this title that an with respect to such crime or offense. be informed of the outcome of any campus institution of higher education has ‘‘(C) For the purpose of this paragraph, the disciplinary proceeding brought alleging a substantially misrepresented the number, final results of any disciplinary proceeding— sexual assault. location, or nature of the crimes required to ‘‘(i) Shall include only the name of the (v) Informing students of their options to be reported under this Subsection, the student, the violation committed, and any notify proper law enforcement authorities, Secretary shall impose a civil penalty upon sanction imposed by the institution on that including on-campus and local police, and the institution in the same amount and student; and the option to be assisted by campus pursuant to the same procedures as a civil ‘‘(ii) May include the name of any other authorities in notifying such authorities, if penalty is imposed under section student, such as a victim or witness, only the student so chooses. 1094(c)(3)(B) of this title. with the written consent of that other (vi) Notification of students of existing (14) (A) Nothing in this Subsection may be student.’’. counseling, mental health or student services construed to— * * * * * for victims of sexual assault, both on campus (i) Create a cause of action against any Dated: April 15, 1999. institution of higher education or any and in the community. Laurie Robinson, (vii) Notification of students of options for, employee of such an institution for any civil and available assistance in, changing liability; or Assistant Attorney General, Office of Justice academic and living situations after an (ii) Establish any standard of care. Programs. alleged sexual assault incident, if so (B) Notwithstanding any other provision of [FR Doc. 99–9949 Filed 4–22–99; 8:45 am] requested by the victim and if such changes law, evidence regarding compliance or BILLING CODE 4410±18±P are reasonably available. noncompliance with this subsection shall not (C) Nothing in this paragraph shall be be admissible as evidence in any proceeding 1 Note: The official version of section 951 of construed to confer a private right of action of any court, agency, board, or other entity, Public Law 105–244 appears at 112 Stat. 1835.

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DEPARTMENT OF AGRICULTURE Under Section 519 of the Act, a The American Farm Bureau Federation person subject to the Order may file a (proponent) has recommended that the Agricultural Marketing Service petition with the Secretary of Secretary conduct a referendum in Agriculture (Secretary) stating that the which the Order must be approved by 7 CFR Part 1216 Order, any provision of the Order, or a majority of those persons voting. The [FV±98±703±FR] any obligation imposed in connection proponent also has recommended that a with the Order, is not established in referendum be conducted prior to the Peanut Promotion, Research, and accordance with the law, and requesting proposed Order going into effect. Information Order; Referendum a modification of the Order or an This rule establishes the procedures Procedures exemption from the Order. Any petition under which producers may vote on filed challenging the Order, any whether they want a peanut promotion, AGENCY: Agricultural Marketing Service, provision of the Order or any obligation research, and information program to be USDA. imposed in connection with the Order, implemented. This action will add a ACTION: Final rule. shall be filed within two years after the new subpart which establishes effective date of the Order, provision or procedures to conduct the initial SUMMARY: The purpose of this rule is to obligation subject to challenge in the referendum and future referenda. The establish procedures which the petition. The petitioner will have the subpart covers definitions, voting Department of Agriculture (USDA or the opportunity for a hearing on the instructions, use of subagents, ballots, Department) will use in conducting a petition. The Act provides that the the referendum report, and referendum to determine whether the district court of the United States for confidentiality of information. issuance of the proposed Peanut any district in which the petitioner There are approximately 25,000 Promotion, Research, and Information resides or conducts business shall be the producers and 57 handlers of peanuts Order (Order) is favored by a majority of jurisdiction to review a final ruling on who would be subject to the program. the producers voting in the referendum. the petition, if the petitioner files a Most producers would be classified as These procedures will also be used for complaint for that purpose not later small businesses under the criteria any subsequent referendum under the than 20 days after the date of the entry established by the Small Business Order, if it is approved in the initial of the Secretary’s final ruling. Administration (SBA) [13 CFR referendum. The Order is being § 121.601], and most of the handlers Executive Order 12866 published in a separate document. This would not be classified as small program would be implemented under This rule has been determined not businesses. The SBA defines small the Commodity Promotion, Research, significant for purposes of Executive agricultural handlers as those whose and Information Act of 1996 (Act). Order 12866 and therefore has not been annual receipts are less than $5 million, DATES: This final rule is effective April reviewed by the Office of Management and small agricultural producers are 24, 1999. and Budget. defined as those having annual receipts of not more than $500,000 annually. FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act According to USDA’s National Daniel R. Williams II, Research and In accordance with the Regulatory Agricultural Statistics Service (NASS), Promotion Branch, Fruit and Vegetable Flexibility Act (RFA) (5 U.S.C. 601 et the nine major peanut-producing states Programs, Agricultural Marketing seq.), the Agency has examined the in the United States account for 99 Service, U.S. Department of Agriculture, impact of the proposed rule on small percent of the peanuts grown in this Room 2535–S, Stop 0244, Washington, entities. The purpose of the RFA is to country. The combined production from D.C. 20250–0244; telephone toll free fit regulatory actions to the scale of these states totaled 3.5 billion pounds in (888) 720–9917, or facsimile (202) 205– businesses subject to such action so that 1997. The farm value of peanuts in 1997 2800. small businesses will not be reached $932 million. NASS reports that SUPPLEMENTARY INFORMATION: A disproportionately burdened. Georgia was the largest producer (38 referendum will be conducted among The Act, which authorizes the percent of the total), followed by Texas eligible peanut producers to determine Secretary to consider industry proposals (23 percent), Alabama (11 percent), whether the issuance of the proposed for generic programs of promotion, North Carolina (9 percent), Florida (6 Peanut Promotion, Research, and research, and information for percent), Virginia (5 percent), Oklahoma Information Order (Order) (7 CFR Part agricultural commodities, became (5 percent), New Mexico (1 percent), 1216) is favored by a majority of persons effective on April 4, 1996. The Act and South Carolina (1 percent). voting in the referendum. The Order is provides for alternatives within the According to 1992 Census of authorized under the Commodity terms of a variety of provisions. Agriculture (Census) data, small Promotion, Research, and Information Paragraph (e) of Section 518 of the Act amounts of peanuts were also grown in Act of 1996 (Act) (Pub. L. 104–427, 7 provides three options for determining seven other states. U.S.C. 7401–7425). The Order is being industry approval of a new research and According to the proponent, and published separately in this issue of the promotion program: (1) By a majority of based on the Census data for these nine Federal Register. those voting; (2) by a majority of the states, 36 percent of the peanut- volume of the agricultural commodity producing counties in the United States Executive Order 12988 voted in the referendum; or (3) by a had 35 percent or more of their total This final rule has been reviewed majority of those persons voting who crop income from peanuts. Twenty-four under Executive Order 12988, Civil also represent a majority of the volume percent of the counties had 50 percent Justice Reform. It is not intended to of the agricultural commodity voted in or more of their crop income from have retroactive effect. Section 524 of the referendum. In addition, section 518 peanuts. From a state perspective, 70 the Act provides that the Act shall not of the Act provides for referenda to percent of the crop income in Alabama’s affect or preempt any other Federal or ascertain approval of an Order to be peanut-producing counties is generated State law authorizing promotion or conducted either prior to its going into from peanuts. For Virginia, the research relating to an agricultural effect or within three years after percentage is 48 percent. In addition, commodity. assessments first begin under the Order. 16,194 farms harvested peanuts in 1992.

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Of these, 15,914 were located in the peanut butter) were imported in 1997 referendum process, so that trade nine primary peanut-producing states. with a combined value (f.o.b. country of associations and related industry media Three main types of peanuts are origin) of $73 million. Most of the can be kept informed. grown in the United States: Florunners, imports (45 percent) were shelled Voting in the referendum is optional. Virginia, and Spanish. The southeast peanuts for use as nuts. The major U.S. However, if producers choose to vote, growing region grows mostly the supplier is Argentina, but several other the burden of voting would be offset by medium-kernel Runner peanuts. The countries export shelled peanuts to the the benefits of having the opportunity to southwest growing region used to grow United States, including Mexico, vote on whether or not they want to be two-thirds Spanish and one-third Nicaragua, and South Africa. covered by the program. Runner peanuts, but now more Runners Peanut butter imports are also The information collection than Spanish are grown. Virtually all of significant and accounted for about 32 requirements contained in this rule are the Spanish peanut production is in percent of the total quantity of nuts (in- designed to minimize the burden on Oklahoma and Texas. In the Virginia- shell basis) imported in 1997. Most producers. This rule provides for a Carolina region, mainly large-kernel peanut butter imports come from ballot to be used by eligible producers Virginia peanuts are grown. New Canada and Argentina. The other major in voting in the referendum. The Mexico grows a fourth type of peanut, import category—crude and refined estimated annual cost of providing the the Valencia. peanut oil—are shipped mainly from information by an estimated 25,000 Peanut manufacturers produce three Argentina and Nicaragua and account producers would be $12,500 or $0.50 principal peanut products: peanut for approximately 18 percent of total per producer. butter, packaged nuts (including salted, imports (in-shell equivalent basis). In- The Secretary considered requiring unsalted, flavored, and honey-roasted shell peanuts, primarily from Mexico, eligible voters to vote in person at nuts), and peanut candies. In most accounted for nearly 3 percent of total various USDA offices across the years, half of all peanuts produced in imports in 1997. About 3 percent of country. The Secretary also considered the United States for edible purposes are total imports consisted of blanched or electronic voting, but the use of used to manufacture peanut butter. other processed peanuts, mainly from computers is not universal, current Packaged nuts account for almost one- China. Imports of oil stock shelled technology is not reliable enough to third of all processed peanuts. Some of peanuts were negligible. ensure that electronic ballots would be these (commonly referred to as Most peanuts produced in other received in a readable format, and ‘‘ballpark’’ peanuts) are roasted in the countries are crushed for oil and protein technology is insufficient at this time to shell, while a much larger quantity is meal. The United States is the main provide sufficient safeguards of voters’ used as shelled peanuts packed as dry- producer of peanuts used in such edible confidentiality. Conducting the roasted peanuts, salted peanuts, and products as peanut butter, roasted referendum from one central location by salted mixed nuts. Some peanuts are peanuts, and peanut candies. Peanuts mail ballot would be more cost-effective ground to produce peanut granules and are one of the world’s principal and reliable. The Department also will flour. Other peanuts are crushed to oilseeds, ranking fourth behind accept ballots sent by facsimile (fax) produce oil. soybeans, cottonseed, and rapeseed. machine. A pilot of this method was According to USDA’s Foreign India and China usually account for half conducted during a recent referendum Agricultural Service, exports of U.S. of the world’s peanut production. for another program. A fax machine was peanuts (including peanut meal, oil, and According to the ‘‘Agricultural dedicated to the receipt of ballots. All peanut butter) totaled 880 million in- Statistics Report’’ published by USDA, ballots received in this manner were shell equivalent pounds in 1997, with a during the 1995–96 season, the average stored in the memory of the machine value of $285 million (U.S. point of annual production per domestic until the end of the voting period. Due departure for the foreign country). Of producer was approximately 144,228 to the large number of voters expected the total quantity, 60 percent was pounds of peanuts. Peanuts produced in the referendum on the proposed shelled peanuts used as nuts, 11 percent during these growing seasons provided peanut program, USDA may use more was blanched or otherwise prepared or average annual gross sales of $42,222 than one such machine, providing preserved peanuts, 10 percent was in- per peanut producer. The value of the voters in different states with different shell peanuts, 7 percent was peanut 1995–96 crop was approximately $1.013 fax numbers in order to avoid exceeding butter, 4 percent was shelled oil stock billion. During the same period, per the memory of the machine. Further, the peanuts, 4 percent was crude peanut oil, capita consumption in the United States Department would provide easy access and 3 percent was refined peanut oil. was 5.7 pounds of peanuts. to information for potential voters The major destinations for domestic This rule provides the procedures through a toll-free telephone line. shelled peanuts for use as nuts are under which peanut producers may vote While other peanut programs have Canada, Mexico, the United Kingdom, on whether they want the Order to be been implemented by the government, and the Netherlands. Blanched or implemented. In accordance with the USDA has not identified any relevant otherwise prepared peanuts are sent provisions of the Act, subsequent federal rules that duplicate, overlap, or mainly to Western Europe, especially referenda may be conducted, and it is conflict with this rule. the Netherlands, France, and Spain. In- anticipated that the proposed We have performed this Final shell peanuts are mainly exported to procedures would apply. There are Regulatory Flexibility Analysis Canada and various countries in approximately 25,000 producers who regarding the impact of this rule on Western Europe. Peanut butter is sent to will be eligible to vote in the first small entities. The results of this many countries, with the largest referendum. analysis have found that there would be amounts going to Canada and Saudi USDA will keep these individuals no adverse effect on the small entities. Arabia. Peanut oil and oil stock peanuts informed throughout the program are exported world-wide, but major implementation and referendum process Paperwork Reduction Act destinations can vary from year to year. to ensure that they are aware of and are In accordance with the Office of Approximately 250 million in-shell able to participate in the program Management and Budget (OMB) equivalent pounds of peanuts and implementation process. USDA will regulations (5 CFR 1320) which processed peanuts (including oil and also publicize information regarding the implement the Paperwork Reduction

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Act of 1995 (44 U.S.C. Chapter 35), the in cooperation with 20 state and 59893). On the same date, a proposed referendum ballot, which represents the regional industry organizations from the rule was published on the referendum information collection and peanut-producing states, has requested procedures (63 FR 59907). As stated recordkeeping requirements that may be the establishment of a Peanut above, the comment period on the imposed by this rule, were submitted to Promotion, Research, and Information information collection requirements OMB and have been approved under Order (Order) pursuant to the Act. The associated with this rule ended on OMB control number 0581–0093. Order will provide for the development January 5, 1999, and no comments were Title: National Research, Promotion, and financing of an effective and received on the information collection and Consumer Information Programs. coordinated program of promotion, requirements. The comment period on OMB Number: 0581–0093. research, and information for peanuts. the substance of the referendum Expiration Date of Approval: The program would be funded by an procedures ended on January 5, 1999. November 30, 2000. assessment levied on producers (to be Three comments were received on the Type of Request: Revision of a collected by handlers) at a rate of 1 procedures. Two commenters felt that currently approved information percent of the total value of all farmers the referendum period should be a least collection for research and promotion stock peanuts. When peanuts are placed three weeks and one urged that the programs. under loan, a deduction from the referendum be conducted in March or Abstract: The information collection producer’s loan draft equal to 1 percent April. In addition, two comments were requirements in this request are of the price support value would be received on the proposed Order that essential to carry out the intent of the made and submitted to the Board by an stated that the referendum should be Act. The burden associated with the area marketing association. Once conducted no later than June 1, 1999. As ballot is as follows: peanuts are sold for disposition from a is common practice, the representative Estimate of Burden: Public reporting loan, the association would remit the period will be established in the burden for this collection of information balance of the assessment to the Board. referendum Order which is being is estimated to average 0.25 hours per In the Order, peanuts are defined as the published with the proposed Order. The response for each producer. seeds of the legume arachis hypogaea, referendum Order also establishes the Respondents: Producers. including both in-shell and shelled voting period and identifies the Estimated Number of Respondents: peanuts other than those marketed by referendum agents. The Department has 25,000. the producer in green form for established a three week voting period, Estimated Number of Responses per consumption as boiled peanuts. but the referendum will be conducted in Respondent: 1 every 5 years (0.2). Assessments would be used to pay for May. The proposed Order and Estimated Total Annual Burden on promotion, research, and consumer referendum Order will be published Respondents: 1,250 hours. information; administration, separately in this issue of the Federal The estimated annual cost of maintenance, and functioning of the Register. providing the information by an Board; and expenses incurred by the Two comments were received about estimated 25,000 producers would be Secretary in implementing and § 1216.102 (c) which address how votes $12,500 or $0.50 per producer. administering the Order, including are to be cast. Both commentors The ballot will be added to the other referendum costs. expressed concern about how the information collections approved for Section 518 of the Act requires that a Department would supervise the voting use under OMB Number 0581–0093. referendum be conducted among to provide that only eligible producers In the proposed rule published on eligible peanut producers to determine cast ballots. To ensure that only eligible November 6, 1998 comments were whether they favor the Order. In producers cast ballots, information invited on: (a) Whether the proposed addition, section 518 of the Act obtained from the Farm Service Agency collection of information is necessary provides for referenda to ascertain (FSA) will be used to develop the and whether it will have practical approval of an Order to be conducted mailing list that is generated to mail utility; (b) the accuracy of USDA’s either prior to its going into effect or ballots to eligible producers. Also each estimate of the burden of the proposed within three years after assessments first commenter stated that voters should collection of information, including the begin under the Order. According to the have the ability to hand deliver the validity of the methodology and rule that is published separately in this ballots to local FSA offices. We deny the assumptions used; (c) ways to enhance issue of the Federal Register, the Order commentors’ request to have hand the quality, utility, and clarity of the would become effective if it is approved delivery of the ballots to FSA offices. information to be collected; and (d) by a majority of producers voting in the Conducting the referendum by mail will ways to minimize the burden of the referendum, which will be held before help ensure an accurate and precise collection of information on those who the program is implemented. count. This can be ensured by having are to respond, including the use of The rule establishes the procedures one location for the delivery of the appropriate automated, electronic, under which producers may vote on ballots which will allow for a daily mechanical, or other technological whether they want the peanut monitoring of the process by the collection techniques or other forms of promotion, research, and information Agricultural Marketing Service’s Office information technology. program to be implemented. There are of Compliance and Analysis (OCA). By the January 5, 1999, deadline for approximately 25,000 eligible voters. Two comments were received on comments on information collections This rule would add a new subpart § 1216.103 (2) (d) which addresses associated with this rule, no comments which would establish procedures to be eligible persons’ ability to receive a were received. used in this and future referenda. The ballot. We deny this part of the subpart covers definitions, voting, comments concerning use of the local Background instructions, use of subagents, ballots, FSA offices. An FSA list of peanut The Act authorizes the Secretary, the referendum report, and producers will be used to determine under generic authority, to establish confidentiality of information. eligible persons. As stated above, by agricultural commodity research and A proposed rule on the Order was conducting the referendum by mail an promotion Orders. The American Farm published in the November 6, 1998, accurate and precise count can be Bureau Federation (proponent), working issue of the Federal Register (63 FR determined by using one location for the

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Information Order arrangement involving totally independent entities cooperating only to All ballot handling is done in the § 1216.100 General. produce peanuts who share the risk of presence of an official from the OCA, Referenda to determine whether and the referendum agents or the OCA loss and receive a share of the peanuts eligible peanut producers favor the produced. No other acquisition of legal official may request documentation issuance, amendment, suspension, or from any or all voters. We believe this title to peanuts shall be deemed to result termination of a Peanut Promotion, in persons becoming eligible producers. course of action addresses the Research, and Information Order shall commentors’ concerns as well as allows be conducted in accordance with this § 1216.102 Voting. for the timely tabulation of referendum subpart. results. (a) Each person who is an eligible § 1216.101 Definitions. producer, as defined in this subpart, at After consideration of all relevant the time of the referendum and during material presented, it is found that this The following definitions apply to this subpart: the representative period, shall be final rule is consistent with and will entitled to cast only one ballot in the effectuate the purpose of the Act. (a) Administrator means the Administrator of the Agricultural referendum. However, each producer in Pursuant to the provisions in 5 U.S.C. Marketing Service, with power to a landlord-tenant relationship or a 553, it is found and determined that redelegate, or any officer or employee of divided ownership arrangement good cause exists for not postponing the the Department to whom authority has involving totally independent entities effective date of this action until 30 days been delegated or may hereafter be cooperating only to produce peanuts, in after publication in the Federal Register delegated to act in the Administrator’s which more than one of the parties is a because: (1) A proposed rule with stead. producer, shall be entitled to cast one request for comments was published in (b) Order means the Peanut ballot in the referendum covering only the Federal Register and comments Promotion, Research, and Information such producer’s share of the ownership. were received and they are addressed in Order. (b) Proxy voting is not authorized, but this rule; (2) it is necessary to have these (c) Referendum agent or agent means an officer or employee of an eligible procedures in place in order to conduct the individual or individuals designated corporate producer, or an administrator, the referendum in May 1999 prior to the by the Secretary to conduct the executor, or trustee or an eligible beginning of the 1999 crop year; and (3) referendum. producing entity may cast a ballot on no useful purpose will be served by a (d) Representative period means the behalf of such producer. Any individual delay of the effective date. period designated by the Secretary. so voting in a referendum shall certify (e) Person means any individual, List of Subjects in 7 CFR Part 1216 that such individual is an officer or group of individuals, partnership, employee of the eligible producer, or an Administrative practice and corporation, association, cooperative, or administrator, executive, or trustee of an procedure, Advertising, Consumer any other legal entity. For the purpose eligible producing entity and that such information, Marketing agreements, of this definition, the term individual has the authority to take such Peanuts, Reporting and recordkeeping ‘‘partnership’’ includes, but is not action. Upon request of the referendum requirements. limited to: agent, the individual shall submit (1) A husband and a wife who have adequate evidence of such authority. For the reasons set forth in the title to, or leasehold interest in, a peanut (c) All ballots are to be cast by mail preamble, Title 7, Chapter XI of the farm as tenants in common, joint or by facsimile, as instructed by the Code of Federal Regulations is amended tenants, tenants by the entirety, or, Secretary. as follows: under community property laws, as 1. Part 1216 is added to read as community property; and § 1216.103 Instructions. (2) So-called ‘‘joint ventures’’ wherein follows: The referendum agent shall conduct one or more parties to an agreement, the referendum, in the manner provided PART 1216ÐPEANUT PROMOTION, informal or otherwise, contributed land in this subpart, under the supervision of RESEARCH, AND INFORMATION and others contributed capital, labor, the Administrator. The Administrator management, or other services, or any ORDER may prescribe additional instructions, variation of such contributions by two not inconsistent with the provisions Subpart AÐ[Reserved] or more parties. (f) Eligible producer means any hereof, to govern the procedure to be Subpart BÐProcedure for the Conduct of followed by the referendum agent. Such Referenda in Connection With the Peanut person who is engaged in the production and sale of peanuts in the agent shall: Promotion, Research, and Information (a) Determine the period during Order United States and who: (1) Owns, or shares the ownership which ballots may be cast. Sec. and risk of loss of, the crop. This does (b) Provide ballots and related 1216.100 General. material to be used in the referendum. 1216.101 Definitions. not include quota holders who do not 1216.102 Voting. share in the risk of loss of the crop; The ballot shall provide for recording 1216.103 Instructions. (2) Rents peanut production facilities essential information, including that 1216.104 Subagents. and equipment resulting in the needed for ascertaining whether the 1216.105 Ballots. ownership of all or a portion of the person voting, or on whose behalf the 1216.106 Referendum report. peanuts produced; vote is cast, is an eligible voter. 1216.107 Confidential information. (3) Owns peanut production facilities (c) Give reasonable public notice of Authority: 7 U.S.C. 7401–7425. and equipment but does not manage the referendum:

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(1) By utilizing available media or (g) Announce the results to the public. Ballots invalid under this subpart shall public information sources, without not be counted. incurring advertising expense, to § 1216.104 Subagents. publicize the dates, places, method of The referendum agent may appoint § 1216.106 Referendum report. voting, eligibility requirements, and any individual or individuals necessary Except as otherwise directed, the other pertinent information. Such or desirable to assist the agent in referendum agent shall prepare and sources of publicity may include, but performing such agent’s functions under submit to the Administrator a report on are not limited to, print and radio; and this subpart. Each individual so results of the referendum, the manner in (2) By such other means as the agent appointed may be authorized by the which it was conducted, the extent and may deem advisable. agent to perform any or all of the kind of public notice given, and other functions which, in the absence of such (d) Mail to eligible producers whose information pertinent to analysis of the appointment, shall be performed by the names and addresses are known to the referendum and its results. agent. referendum agent, the instructions on § 1216.107 Confidential information. voting, a ballot, and a summary of the § 1216.105 Ballots. The ballots and other information or terms and conditions of the Peanut The referendum agent and subagents reports that reveal, or tend to reveal, the Promotion, Research, and Information shall accept all ballots cast. However, if vote of any person covered under the Order. No person who claims to be an agent or subagent deems that a ballot Act and the voting list shall be held eligible to vote shall be refused a ballot. should be challenged for any reason, the confidential and shall not be disclosed. (e) At the end of the voting period, agent or subagent shall endorse above collect, open, number, and review the their signature, on the ballot, a Dated: April 19, 1999. ballots and tabulate the results in the statement to the effect that such ballot Robert C. Keeney, presence of an agent of a third party was challenged, by whom challenged, Deputy Administrator, Fruit and Vegetable authorized to monitor the referendum the reasons therefor, the results of any Programs. process. investigations made with respect [FR Doc. 99–10135 Filed 4–22–99; 8:45 am] (f) Prepare a report on the referendum. thereto, and the disposition thereof. BILLING CODE 3410±02±P

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DEPARTMENT OF AGRICULTURE state law authorizing promotion or (proponent), working in cooperation research relating to an agricultural with 20 state and regional peanut Agricultural Marketing Service commodity. grower organizations representing the Under Section 519 of the Act, a nine primary peanut-producing states 7 CFR Part 1216 person subject to the Order may file a and other states. The proponent has [FV±98±702±PR 2] petition with the Secretary stating that proposed that peanut producers approve the Order, any provision of the Order, the program in a referendum in advance Proposed Peanut Promotion, or any obligation imposed in connection of its implementation, and producer Research, and Information Order with the Order, is not established in members would serve on the 10 member accordance with the law, and requesting Board that would administer the AGENCY: Agricultural Marketing Service, a modification of the Order or an program under USDA’s supervision. In USDA. exemption from the Order. Any petition addition, any person subject to the ACTION: Proposed rule and referendum filed challenging the Order, any program may file with the Secretary a Order. provision of the Order, or any obligation petition stating that the Order or any SUMMARY: This proposed rule would imposed in connection with the Order, provision is not in accordance with law establish an industry-funded promotion, shall be filed within 2 years after the and requesting a modification of the research, and information program for effective date of the Order, provision, or Order or an exemption from the Order. peanuts. A proposed program—the obligation subject to challenge in the While the proposed Order would Peanut Promotion, Research, and petition. The petitioner will have the impose certain recordkeeping Information Order (Order)—was opportunity for a hearing on the requirements on first handlers, submitted to U.S. Department of petition. Thereafter, the Secretary of information required under the Agriculture (USDA or Department) by Agriculture (Secretary) will issue a proposed Order could be compiled from the American Farm Bureau Federation. ruling on a petition. The Act provides records currently maintained. First Under the Order, peanut producers that the district court of the United handlers and area marketing would pay an assessment of 1 percent States for any district in which the associations—for peanuts placed under of the price of farmers stock peanuts petitioner resides or conducts business loan with the Commodity Credit sold to first handlers. First handlers and shall have the jurisdiction to review a Corporation (CCC) in the price support marketing associations would remit the final ruling on the petition, if the program administered for CCC by assessments to the proposed National petitioner files a complaint for that USDA’s Farm Service Agency (FSA)— Peanut Board (Board). The proposed purpose not later than 20 days after the would collect and remit all assessments program would be implemented under date of the entry of the Secretary’s final to the Board. Their responsibilities the Commodity Promotion, Research, ruling. would include accurate recordkeeping and accounting of all peanuts purchased and Information Act of 1996 (Act). In Executive Order 12866 addition, the USDA is announcing that or contracted for, including the number This proposed rule has been of pounds handled, price paid to the a referendum will be conducted among determined not significant for purposes producer, and when peanuts are eligible peanut producers to determine of Executive Order 12866 and therefore purchased. The forms require the whether they favor the implementation has not been reviewed by the Office of minimum information necessary to of the program. Management and Budget (OMB). effectively carry out the requirements of DATES: In Order to be eligible to vote, the program, and their use is necessary Regulatory Flexibility Act peanut producers must have produced to fulfill the intent of the Act. Such peanuts during the period from August In accordance with the Regulatory records shall be retained for at least two 1, 1997, through July 30, 1998 Flexibility Act (RFA) [5 U.S.C. 601 et years. These requirements are either (representative period). The voting seq.], the Agency has examined the already being conducted as a normal period for the referendum will be May impact of the proposed rule on small business practice or are required by 24 through June 11, 1999. entities. The purpose of the RFA is to other USDA peanut regulations. The FOR FURTHER INFORMATION CONTACT: fit regulatory actions to the scale of added burden to first handlers and area Daniel R. Williams II, Research and businesses subject to such actions so marketing associations for a peanut Promotion Branch, Fruit and Vegetable that small businesses will not be promotion, research, and information Programs, AMS, USDA, Stop 0244, 1400 disproportionately burdened. program is therefore expected to be Independence Avenue, S.W., Room The Act authorizes generic programs minimal. 2535-S, Washington, D.C. 20250–0244; of promotion, research, and information There is also a minimal burden on telephone (202) 720–9916 or fax (202) for agricultural commodities. Congress producers. The burden relates to those 205–2800. found that it is in the national public producers who would seek nomination SUPPLEMENTARY INFORMATION: This interest and vital to the welfare of the to serve on the Board and those who Order is issued pursuant to the agricultural economy of the United vote in referenda. In addition, the Commodity Promotion, Research, and States to maintain and expand existing proposed Order would require Information Act of 1996, 7 U.S.C. 7401– markets and develop new markets and producers to keep records and to 7425; Public Law 104–127, enacted uses for agricultural commodities provide information to the Board or the April 4, 1996, hereinafter referred to as through industry-funded, government- Secretary when requested. However, it the Act. supervised, generic commodity is not anticipated that producers would promotion programs. be required to submit forms to the Executive Order 12988 This program is intended to develop Board. Most likely, the information This proposed rule has been reviewed and finance an effective and would be obtained through an audit of under Executive Order 12988, Civil coordinated program of promotion, a producer’s records to confirm Justice Reform. It is not intended to research, and consumer information to information provided by a first handler have retroactive effect. Section 524 of maintain and expand the markets for or if a first handler did not file the the Act provides that the Act shall not peanuts. A proposal was submitted by required reports as part of the Board’s affect or preempt any other Federal or the American Farm Bureau Federation compliance operation.

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The estimated annual cost of peanut-producing counties is generated are exported world-wide, but major providing the information to the Board from peanuts. For Virginia, the destinations can vary from year to year. by an estimated 98 respondents (21 percentage is 48 percent. In addition, Approximately 250 million in-shell producers, 57 first handlers, and 20 16,194 farms harvested peanuts in 1992. equivalent pounds of peanuts and producer organizations) would be Of these, 15,914 were located in the processed peanuts (including oil and $4,059.85 or $5.00 per producer, $66.05 nine primary peanut-producing states. peanut butter) were imported in 1997 per first handler, and $9.50 per Three main types of peanuts are with a combined value (f.o.b. country of producer organization. grown in the United States: Florunners, origin) of $73 million. Most of the The Department would oversee Virginia and Spanish. The southeast imports (45 percent) were shelled program operations and, if the program growing region grows mostly the peanuts for use as nuts. The major U.S. is implemented, would conduct a medium-kernel Runner peanuts. The supplier is Argentina, but several other referendum (1) every five years to southwest growing region used to grow countries export shelled peanuts to the determine whether peanut producers two-thirds Spanish and one-third United States, including Mexico, support continuation of the program, (2) Runner peanuts, but now more Runners Nicaragua, and South Africa. at the request of the Board established than Spanish are grown. Virtually all of Peanut butter imports are also under the Order, or (3) at the request of the Spanish peanut production is in significant and accounted for about 32 10 percent or more of the number of Oklahoma and Texas. In the Virginia- percent of the total quantity of nuts (in- persons eligible to vote in referenda. Carolina region, mainly large-kernel shell basis) imported in 1997. Most Additionally, the Secretary may conduct Virginia peanuts are grown. New peanut butter imports come from a referendum at any time to determine Mexico grows a fourth type of peanut, Canada and Argentina. The other major whether the continuation, suspension, the Valencia. import category—crude and refined peanut oil—are shipped mainly from or termination of the Order or a Peanut manufacturers produce three Argentina and Nicaragua and account provision of the Order is favored by principal peanut products: peanut for approximately 18 percent of total those eligible to vote in referenda. butter, packaged nuts (including salted, There are approximately 25,000 imports (in-shell equivalent basis). In- unsalted, flavored, and honey-roasted producers and 57 first handlers of shell peanuts, primarily from Mexico, nuts), and peanut candies. In most peanuts that would be subject to the accounted for nearly 3 percent of total years, half of all peanuts produced in program. Most of the producers would imports in 1997. About 3 percent of the United States for edible purposes are be classified as small businesses under total imports consisted of blanched or used to manufacture peanut butter. the criteria established by the Small other processed peanuts, mainly from Packaged nuts account for almost one- Business Administration (SBA) (13 CFR China. Imports of oil stock shelled third of all processed peanuts. Some of 121.601). Most first handlers would not peanuts were negligible. be classified as small businesses. The these (commonly referred to as Most peanuts produced in other SBA defines small agricultural handlers ‘‘ballpark’’ peanuts) are roasted in the countries are crushed for oil and protein as those whose annual receipts are less shell, while a much larger quantity is meal. The United States is the main than $5 million, and small agricultural used as shelled peanuts packed as dry- producer of peanuts used in such edible producers are defined as those having roasted peanuts, salted peanuts, and products as peanut butter, roasted annual receipts of not more than salted mixed nuts. Some peanuts are peanuts, and peanut candies. Peanuts $500,000 annually. ground to produce peanut granules and are one of the world’s principal According to USDA’s National flour. Other peanuts are crushed to oilseeds, ranking fourth behind Agricultural Statistics Service (NASS), produce oil. soybeans, cottonseed, and rapeseed. the nine major peanut-producing states According to USDA’s Foreign India and China usually account for half in the United States account for 99 Agricultural Service, U.S. exports of of the world’s peanut production. percent of the peanuts grown in this peanuts (including peanut meal, oil, and According to the ‘‘Agricultural country. The combined production from peanut butter) totaled 880 million in- Statistics Report’’ published by USDA, these states totaled 3.5 billion pounds in shell equivalent pounds in 1997, with a during the 1995–96 season, the average 1997. The farm value of peanuts in 1997 value of $285 million (U.S. point of annual production per U.S. producer reached $932 million. NASS reports that departure for the foreign country). Of was 144,228 pounds of peanuts. Peanuts Georgia was the largest producer (38 the total quantity, 60 percent was produced during these growing seasons percent of the total), followed by Texas shelled peanuts used as nuts, 11 percent provided average annual gross sales of (23 percent), Alabama (11 percent), was blanched or otherwise prepared or $42,222 per peanut producer. The value North Carolina (9 percent), Florida (6 preserved peanuts, 10 percent was in- of the 1995–96 crop was approximately percent), Virginia (5 percent), Oklahoma shell peanuts, 7 percent was peanut $1.013 billion. During the same period, (5 percent), New Mexico (1 percent), butter, 4 percent was shelled oil stock per capita consumption in the United and South Carolina (1 percent). peanuts, 4 percent was crude peanut oil, States was 5.7 pounds of peanuts. According to 1992 Census of and 3 percent was refined peanut oil. The Order would authorize a fixed Agriculture (Census) data, small The major destinations for domestic assessment paid by producers (to be amounts of peanuts were also grown in shelled peanuts for use as nuts are collected by first handlers) at a rate of seven other states. Canada, Mexico, the United Kingdom, 1 percent of the price paid for all According to the proponent, based on and the Netherlands. Blanched or farmers stock peanuts, regardless of Census data for these nine states, 36 otherwise prepared peanuts are sent whether the peanuts are sold percent of the peanut-producing mainly to Western Europe, especially commercially or placed under loan with counties in the United States acquired the Netherlands, France, and Spain. In- CCC in the price support program 35 percent or more of their total crop shell peanuts are mainly exported to administered for CCC by FSA. income from peanuts. Twenty-four Canada and various countries in Section 516(a)(1) of the Act provides percent of the counties had 50 percent Western Europe. Peanut butter is sent to authority to the Secretary to exempt or more of their crop income from many countries, with the largest from the Order any de minimis quantity peanuts. From a state perspective, 70 amounts going to Canada and Saudi of an agricultural commodity otherwise percent of the crop income in Alabama’s Arabia. Peanut oil and oil stock peanuts covered by the Order. The proponent

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The peanut promotion program In order to conduct the Regulatory de minimis is not defined in the would be designed to strengthen the Flexibility Analysis regarding the proposed Order, and a de minimis position of peanuts in the marketplace, impact of this proposed Order on small exemption is not included. maintain and expand existing domestic entities, the proposed rule that was At the proposed rate of assessment of and foreign markets, and develop new published in the Federal Register on 1 percent of farm value, the Board uses and markets for peanuts. November 6, 1998 (63 FR 59907) invited would collect approximately $10 The estimated annual cost of comments concerning the potential million annually, assuming 1 billion providing the information to the effects of the proposed Order. pounds of peanuts are produced. It is proposed Board by an estimated 98 Concerning the information collection expected that the 1 percent rate of respondents (21 producers, 57 first burden, one comment was received assessment would represent handlers, and 20 producer regarding the effect of the paperwork approximately 1 percent of producers’ organizations) would be $4,059.85, or burden on first handlers. The concern of average return. In 1995–96, the average $5.00 per producer, $66.05 per first the commenter was that there would be price for peanuts was $0.293 per pound. handler, and $9.50 per producer significant administrative and financial USDA will keep all individuals organization. burdens associated with collecting the informed throughout the referendum With regard to alternatives to this information necessary to produce these process to ensure that they are aware of proposed rule, the Act itself does reports and, finally, the production of and are able to participate in the provide for authority to tailor a program the reports. The Department recognizes referendum. USDA will publicize according to the individual needs of an the burden that may be placed on first information regarding the referendum industry. Provision is made for handlers due to the reports. In order to process so that trade associations and permissive terms in an Order in Section reduce this burden on first handlers, we related industry media can be kept 516 of the Act, and other sections modified § 1216.60 to eliminate the informed. If the program is provide for alternatives. For example, monthly requirement for first handlers implemented, the newly established Section 514 of the Act provides for to identify each producer, the address of Board would recommend to USDA Orders applicable to (1) producers, (2) the producer, and the date assessments regulations for the program. first handlers and other persons in the were collected. However, we have also In addition, the peanut industry marketing chain as appropriate, and (3) modified § 1216.61 Books and records would nominate producers to serve as importers (if imports are subject to to clarify what books and records first members on the Board. The Board assessment). Section 516 authorizes an handlers and producers must maintain would recommend the assessment rate, Order to provide for exemption of de and make available to the Secretary and programs and projects, a budget, and minimis quantities of an agricultural Board employees as necessary. This any other rules and regulations that commodity; different payment and section now states that copies of FSA might be necessary for the reporting schedules; coverage of 1007 forms, the names and addresses of administration of the program. USDA research, promotion, and information producers, and the date when would ensure that the nominees activities to expand, improve, or make assessments were collected must be represent the peanut industry in more efficient the marketing or use of an accordance with the Act. Primary agricultural commodity in both maintained by first handler and peanut-producing states are defined in domestic and foreign markets; provision producer. One purpose of this change is the Order as Alabama, Florida, Georgia, for reserve funds; provision for credits to help ensure that this information is New Mexico, North Carolina, for generic and branded activities; and available for enforcement purposes. Oklahoma, South Carolina, Texas, and assessment of imports. In addition, Paperwork Reduction Act Virginia, provided that these states Section 518 of the Act provides for maintain 3-year average production of at referenda to ascertain approval of an In accordance with the Office of least 10,000 tons of peanuts each. Minor Order to be conducted either prior to its Management and Budget (OMB) peanut-producing states are defined in going into effect or within 3 years after regulation (5 CFR Part 1320) which the Order as all peanut-producing states assessments first begin under the Order. implements the Paperwork Reduction other than the primary peanut- An Order also may provide for its Act of 1995 (44 U.S.C. Chapter 35), the producing states. Currently, the approval in a referendum to be based information collection and following states would be considered upon (1) a majority of those persons recordkeeping requirements that may be minor states: Arizona, California, voting; (2) persons voting for approval imposed by this Order have been Louisiana, Mississippi, and Tennessee. who represent a majority of the volume submitted to OMB for approval and Each primary producing state would of the agricultural commodity; or (3) a have been approved under OMB control have one member on the Board, and the majority of those persons voting for number 0581–0093. minor peanut-producing states would be approval who also represent a majority Title: National Research, Promotion, represented collectively by one member of the volume of the agricultural and Consumer Information Programs. on the Board. Each member would have commodity. Section 515 of the Act OMB Number for background form an alternate. Therefore, the Board would provides for establishment of a board (number 1 below): 0505–0001. have 10 members and 10 alternates. from among producers, first handlers, Expiration Date of Approval: June 30, Proposed recordkeeping and reporting and others in the marketing chain as 1999. requirements for the peanut promotion, appropriate and importers, if importers OMB Number for other information research, and information program are subject to assessment. collections: 0581–0093. would be designed to minimize the The proposal included provisions for Expiration Date of Approval: burden on first handlers. It is USDA’s both domestic and foreign market November 30, 2000. goal to collect as much information as expansion and improvement; reserve Type of Request: Revision of currently possible from forms already submitted funds; and an initial referendum to be approved information collections for to another USDA agency. In addition, conducted prior to the Order going into advisory committees and boards and for any information collection that could effect, with approval based upon a research and promotion programs.

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Abstract: The information collection and unnecessary recordkeeping burden Estimated number of Respondents: 9. requirements in the request are essential on first handlers. The timing and Estimated number of Responses per to carry out the intent of the Act. frequency of collecting information is Respondent: 1. In addition, there will be the intended to meet the needs of the Estimated Total Annual Burden on additional burden on producers of industry while minimizing the amount Respondents: 9 hours. voting in referenda. The referendum of work necessary to fill out the required (5) A requirement to maintain records ballot, which represents the information reports. sufficient to verify reports submitted collection requirement relating to Information collection requirements under the Order. referenda, is addressed in a final rule on that are included in this proposal Estimate of Burden: Public referendum procedures which is include: recordkeeping burden for keeping this published separately in this issue of the (1) A background information form to information is estimated to average 0.5 Federal Register. be completed by candidates nominated hours per recordkeeper maintaining Under this program, first handlers by certified producer organizations for such records. would be required to collect appointment to the Board. Recordkeepers: First handlers. assessments from producers and file Estimate of Burden: Public reporting Estimated number of recordkeepers: reports with and submit assessments to for this collection of information is 57. the Board. While the proposed Order estimated to average 0.5 hours per Estimated total recordkeeping hours: would impose certain recordkeeping response for each producer. 28.5 hours. requirements on first handlers, Respondents: Producers. Comments were invited on: (a) information required under the Estimated number of Respondents: 21 Whether the proposed collection of proposed Order could be compiled from (average of 40 for initial nominations to information is necessary for the proper records currently maintained. Such the Board and approximately 12 performance of functions of the Order records shall be retained for at least two respondents annually thereafter for each and the Department’s oversight of the years beyond the marketing year of their 3-year period). program, including whether the applicability. The estimated annual cost Estimated number of Responses per information will have practical utility; of providing the information to the Respondent: 1 every 3 years. (b) the accuracy of USDA’s estimate of Board by an estimated 98 respondents Estimated Total Annual Burden on the burden of the proposed collection of (21 producers, 57 first handlers, and 20 Respondents: 20 hours for the initial information, including the validity of producer organizations) would be nominations to the board and 6 hours the methodology and assumptions used; $4,059.85, or $5.00 per producer, $66.05 annually thereafter. (c) ways to enhance the quality, utility, per first handler, and $9.50 per (2) A monthly report by each first and clarity of the information to be producer organization. handler of peanuts. collected; and (d) ways to minimize the The Order’s provisions have been Estimate of Burden: Public reporting burden of the collection of information carefully reviewed, and every effort has burden for this collection of information on those who are to respond, including been made to minimize any unnecessary is estimated to average 0.5 hours per the use of appropriate automated, recordkeeping costs or requirements, each first handler reporting on peanuts electronic, mechanical, or other including efforts to utilize information handled. technological collection techniques or already submitted under other peanut Respondents: First handlers. other forms of information technology. programs administered by the Estimated number of Respondents: Information that is needed for Department. 57. recordkeeping would come from the Most of the proposed forms require Estimated number of Responses per FSA 1007 form. As stated earlier, this the minimum information necessary to Respondent: 12. form is a standard form within the effectively carry out the requirements of Estimated Total Annual Burden on peanut industry and its use would result the program, and their use is necessary Respondents: 342 hours. in no new training of personnel. to fulfill the intent of the Act. Such (3) Nomination information by which As discussed previously in the information can be supplied from the certified producer organizations would Regulatory Flexibility Analysis, one FSA Form 1007 without data processing nominate producers for membership on comment was received regarding the equipment or outside technical the Board. effect of the paperwork burden on first Estimate of Burden: Public reporting expertise. FSA Form 1007 Inspection handlers. The concern of the commenter burden for this collecting of information Certificate and Sales Memorandum is a was that there would be significant is estimated to average 0.5 hours per standard form used within the peanut administrative and financial burdens response. associated with collecting the industry to collect peanut crop Respondents: Certified producer information necessary to produce these characteristics and value of the load organizations. from the producer to the first handler. Estimated number of Respondents: reports and, finally, the production of This form will provide the information 20. the reports. The Department recognizes that would be needed in order to Estimated number of Responses per the burden that may be placed on first complete the first handlers form for the Respondent: 1 per year. handlers due to the reports. In order to Board. In addition, there are no Estimated Total Annual Burden on reduce this burden on first handlers, we additional training requirements for Respondents: 10 hours. have modified § 1216.60 to eliminate individuals filling out reports and (4) An application for peanut the monthly requirement for first remitting assessments to the Board. The producer organizations for certification handlers to identify the name and forms would be simple, easy to of eligibility to nominate Board address of each producer and the date understand, and place as small a burden members. assessments were collected. However, as possible on the person required to file Estimate of Burden: Public reporting we have also modified § 1216.61 Books the information. for this collection of information is and records to clarify what books and Collecting information monthly estimated to average 0.5 hours per records that first handlers and would coincide with normal industry response for each organization. producers must maintain and make business practices. Reporting other than Respondents: Peanut producer available to the Secretary and Board monthly would impose an additional organizations. employees. This section now states that

VerDate 20-APR-99 17:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\23APP3.XXX pfrm06 PsN: 23APP3 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules 20111 copies of FSA 1007 forms, the name and programs which includes a combination The proponent states that the United addresses of producers, and the date of promotion, research, industry States Congress has established a when assessments were collected must information, and consumer information number of programs since the early be maintained by the first handler and activities funded by mandatory 1930’s to support and stabilize farm producer. The purpose of this change is assessments. These programs are prices and income and to adjust to help ensure that this information is designed to maintain and expand production in 1934. In 1949, a revised available for enforcement purposes. markets and uses for agricultural system of marketing quotas and acreage commodities. This proposal provides for allotments for peanuts began. Since Background the development and financing of an then, Congress has amended and The Act authorizes the Secretary, effective and coordinated program of changed the peanut program a number under a generic authority, to establish research, promotion, and information of times, with the latest changes made agricultural commodity research and for peanuts. The purpose of the program to the peanut title in 1996 with the promotion Orders. Section 516 of the is to strengthen the position of peanuts passage of the Federal Agriculture Act provides permissive terms for in domestic and foreign markets, and to Improvement and Reform (FAIR) Act. Orders, and other sections provide for develop, maintain, and expand markets The new program retains its price alternatives. For example, Section 514 for peanuts. support and supply management of the Act provides for Orders The program would not become elements while operating at no cost to applicable to (1) producers, (2) first effective until approved by peanut the government other than handlers and others in the marketing producers in a referendum to be administrative expenses common to all chain as appropriate, and (3) importers conducted by USDA. Section 518 of the price support programs. The new (if importers are subject to assessment). Act provides for the Department (1) to program also lowers the loan rate for Section 516 authorizes an Order to conduct an initial referendum, quota peanuts from $678 per ton to $610 provide for exemption of de minimis preceding a proposed Order’s effective per ton and freezes that price for the life quantities of an agricultural commodity; date, among persons who would pay of the program, through 2002. In different payment and reporting assessments under the program or (2) to addition, the quota level, which the schedules; coverage of research, implement a proposed Order, pending Secretary could not set below 1.35 promotion, and information activities to the conduct of a referendum, among million tons prior to passage of the FAIR expand, improve, or make more efficient persons subject to assessments, within 3 Act, has been reduced to equal the the marketing or use of an agricultural years after assessments first begin. anticipated domestic demand for commodity in both domestic and In accordance with Section 518(e) of peanuts. foreign markets; provision for reserve the Act, the results of the referendum The proponent has identified a funds; provision for credits for generic must be determined one of three ways: number of market and production and branded activities; and assessment (1) approval by a majority of those factors that suggest the need for a of imports. In addition, Section 518 of persons voting; (2) approval by persons national research, promotion, and the Act provides for referenda to voting who represent a majority of the information program for peanuts. The ascertain approval of an Order to be volume of the commodity covered by most basic problem affecting peanut conducted either prior to its going into the program; or (3) approval by a marketing is a drop in demand caused effect or within 3 years after majority of the persons voting who also by negative health perceptions of assessments first begin under the Order. represent a majority of the volume of the peanuts’ fat content, competition from The Order also may provide for its commodity produced, handled, or other snack foods, and lack of awareness approval in a referendum based upon imported by the persons voting. among young people. different voting patterns. Section 515 The proponent proposes that the In addition, the proponent cites other provides for establishment of a board Department conduct an initial factors. Government purchases of from among producers, first handlers referendum preceding the proposed peanut butter are down. If purchases and others in the marketing chain as Order’s effective date and that approval return to historic heights, purchases will appropriate, and importers, if imports of the Order be determined by a simple still not be enough to reverse supply/ are subject to assessment. majority of the producers voting. demand trends. Also, a 1997 Gallup This proposed Order includes In accordance with the Act, the survey revealed that 87 percent of all provisions for both domestic and foreign Department would oversee the consumers are peanut users, while 13 market expansion and improvement, program’s operations. In addition, the percent did not consume any peanuts in reserve funds, and an initial referendum Act requires the Secretary to conduct the past year. Per capita consumption of to be conducted prior to the Order going subsequent referenda: (1) not later than peanuts has been decreasing. It appears into effect and with approval based 7 years after assessments first begin now that demand trends have bottomed upon a majority of those persons voting under the Order; or (2) at the request of out and are starting to rise. National in the referendum. the board established under the Order; promotion could bolster this trend. The Act provides for a number of or (3) at the request of 10 percent or The same survey indicated that the optional provisions that allow the more of the number of persons eligible percent of peanut non-users is tailoring of Orders for different to vote. The proponent group has increasing, as is the percent of young commodities. requested that a referendum be people not consuming peanuts or The proponent, working in conducted every 5 years to determine if peanut products. Thirty-five percent of cooperation with 20 state and regional producers want the program to all consumers surveyed indicated they peanut industry organizations continue. did not consume any snack peanuts, representing the nine primary peanut- In addition to these criteria, the Act and more than 40 percent thought producing states, has requested the provides that the Secretary may conduct peanuts contained cholesterol when, in establishment of a national peanut a referendum at any time to determine fact, peanuts contain none. promotion, research, and information whether the continuation, suspension, The proponent also states that 26 Order pursuant to the Act. The Act or termination of the Order or a percent of all consumers did not authorizes the establishment and provision of the Order is favored by consume any peanut butter in 1997. operation of generic promotion persons eligible to vote. Peanut butter could be an affordable

VerDate 20-APR-99 17:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\23APP3.XXX pfrm06 PsN: 23APP3 20112 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules alternative for low-income consumers in However, this information may be each three-year period, review the comparison to other sandwich options, disclosed only if the Secretary considers geographical distribution of peanuts in but fewer and fewer low income the information relevant, and the the United States and make a consumers are using peanut butter as an information is revealed in a judicial recommendation to the Secretary after alternative. proceeding or administrative hearing considering the results of its review and In addition, in 1996, the farm value of brought at the direction or on the other information it deems relevant U.S. peanuts fell below $1 billion, to request of the Secretary or to which the regarding the reapportionment of the $970 million, for the first time since Secretary or any officer of the Board. 1982. Department is a party. Other exceptions Members and alternates would serve Further, the domestic industry is for disclosure of confidential for three-year terms, except that the facing increased competition in the information would include the issuance members and alternates appointed to United States and abroad from lower- of general statements based on reports the initial Board would serve priced peanuts produced in other or on information relating to a number proportionately for two-, three-, and countries. The value of peanuts and of persons subject to an Order if the four-year terms. No member or alternate peanut products imported into the statements do not identify the would serve more than two consecutive United States exceeded $100 million in information furnished by any person or three-year terms. 1996. the publication, by direction of the The Department received an entire All of these factors have led the Secretary of the name of any person proposed Order from the American domestic peanut industry to seek a violating the Order and a statement of Farm Bureau Federation on June 15, national promotion program to find the particular provisions of the Order 1998. ways to further increase the violated by the person. Prior to publication, the Department consumption of U.S. peanuts. The proposed Order provides for the Section 516(f) of the Act allows an modified the proponent’s proposal to Department to conduct an initial make it consistent with the Act, other Order to authorize the levying of referendum preceding the proposed assessments on imports of the similar national research and promotion Order’s effective date. Therefore, the programs, and other Federal peanut commodity covered by the program or proposed Order must be approved by a on products containing that commodity, programs administered by the majority of the producers voting for Department; for consistency throughout at a rate comparable to the rate approval in the referendum. The determined for the domestic agricultural the text; and for clarity. proposed Order also provides for In the definitions and throughout the commodity covered by the Order. The subsequent referenda to be conducted text of the Order, ‘‘farmer stock program would not assess imports. (1) every 5 years after the program is in peanuts’’ was changed to ‘‘farmers stock The assessment levied on effect, (2) at the request of the Board peanuts’’ for consistency with industry domestically produced peanuts will be established under the Order, or (3) when use and existing regulations. used to pay for promotion, research, and requested by 10 percent or more of A definition for ‘‘first handler’’ was consumer and industry information as peanut producers covered by the Order. added for consistency with similar well as administration, maintenance, In addition, the Secretary may conduct national research and promotion and functioning of the Board. Expenses a referendum at any time. incurred by the Secretary in The Act requires that such a proposed programs, and subsequent sections were implementing and administering the Order provide for the establishment of renumbered accordingly. Order, including referenda costs, also a Board to administer the program The definition of ‘‘information’’ was would be paid from assessments. under USDA supervision. The rewritten to include activities designed Sections 516(e)(1) and (2) of the Act proponent’s proposal provides for a 10- to enhance peanuts’ image, to add state that the Secretary may provide member National Peanut Board. definitions of ‘‘consumer information’’ credits of assessments for generic and To ensure fair and equitable and ‘‘producer information,’’ and to branded activities. The proponent did representation of the peanut industry on conform with the Act. not elect to propose credits for generic the Board, the Act requires membership The definition of ‘‘quota peanuts’’ was or branded activities. Therefore, the on the Board to reflect the geographical rewritten to reference 7 CFR Part 729. terms ‘‘generic activities’’ and ‘‘branded distribution of the production of In § 1216.41 (Nominations), the activities’’ are not defined in the Order, peanuts. To that end, this proposal phrase ‘‘qualified nominating and credits for assessments on generic provides that each primary peanut- organizations’’ was changed to read and branded activities would not be producing state will be represented on ‘‘certified nominating organizations’’ for made. the Board by one producer member and consistency with the text. First handlers will be responsible for alternate and that the minor peanut- In addition, § 1216.50 (h) was revised the collection of assessments from the producing states will be represented to be consistent with the Act. Paragraph producer and payment to the Promotion collectively by one at-large producer (e)(5) Limitation on spending of § 515 Board. First handlers will be required to member and alternate. Based on current of the Act states that a Board ‘‘may not maintain records for each producer for information on production in the expend for administration (except for whom peanuts are handled, including various states, the Order defines the reimbursements to the Secretary . . .)’’ peanuts produced by the first handler. primary peanut-producing states as an amount that exceeds 15 percent of In addition, first handlers will be Alabama, Florida, Georgia, New Mexico, the Board’s income during any fiscal required to file reports regarding the North Carolina, Oklahoma, South year. The proposal submitted set a more collection, payment, or remittance of the Carolina, Texas, and Virginia, provided stringent limitation of 10 percent and assessments. that these states maintain three-year stated that administrative expenses All information obtained from average production of at least 10,000 included reimbursement to the persons subject to this Order as a result tons of peanuts. Secretary. The Order may set the more of recordkeeping and reporting Upon implementation of the Order stringent limitation of 10 percent requirements will be kept confidential and pursuant to the Act, the Board will because that amount is less than the 15 by all officers, employees, and agents of at least once in each five-year period, percent provided in the Act. However, the Department and of the Board. but not more frequently than once in the Order may not provide that

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We disagree and believe § 1216.48(j) which outlines the powers .. .’’ was changed to read ‘‘additional that the term does not need further and duties of the National Peanut Board. peanuts means . . .’’ As another clarification in the proposed Order. The commenter questioned why the example, in sections containing only Section 1216.51 Assessments outlines Board would act as intermediary one paragraph, the paragraph which peanuts are to be assessed and between the Secretary and any producer designation was removed. Minor how to handle farmers stock peanuts. In or first handler, especially when there is grammatical changes also were made. addition, § 1216.11 defines handle. The no first handler member on the Board. The proponent also submitted intent of this Order is only to assess It is true that there is no handler ‘‘Subpart B—Voting Procedures and peanuts that enter the current of member on the Board. However, Approval of the Peanut Promotion, commerce. handlers would be collecting the Research, and Information Order.’’ This A comment was received on § 1216.24 assessments under the program and proposed subpart was revised and which defines research as any type of remitting them to the Board. Therefore, included as § 1216.81 of the proposed test, study, or analysis designed to a handler’s first point of contact Order. advance the image, desirability, use, regarding the requirements of the A proposed rule seeking comments on marketability, production, product program would be the staff of the Board. the national research and promotion development, or quality of peanuts, This does not preclude any first handler program for peanuts was published on including research relating to from contacting the Secretary. November 6, 1998 in the Federal nutritional value and cost of production. Therefore, this comment is denied. Register [63 FR 59893]. Comments were The commenter felt that this section One comment was received about invited on the entire proposal with the allowed for research to justify the § 1216.49. This section deals with the deadline for comments on January 5, continued existence of the FSA peanut prohibited activities of the Board, 1999. Fourteen comments were program. We don’t find merit in this employees, and agents of the Board. The received. Comments were received from comment. The research as outlined is commenter felt that this section should 10 peanut producers associations or performed to increase the marketability be modified using stronger language to growers associations, two manufacturer of peanuts and not justify other peanut ensure that funds are not used for other associations, one manufacturer, and one programs. activities other than promotion, research peanut producer. Four commenters A comment was submitted on and consumer/producer information. simply stated that they supported the § 1216.41 which outlines the We deny this comment. This language is proposal and/or recommended that nomination procedures. The commenter consistent with other National USDA conduct the referendum as early felt that the nomination procedures Promotion Programs and has prohibited in Spring 1999 as possible. The other should be clarified to indicate that all improper activities. comments are discussed below. peanut producers eligible to serve on Three comments were received about Two comments were submitted about the Board would participate in the § 1216.50(h). This section limits the § 1216.03 which defines area marketing nomination process. We have accepted amount the Board may spend on associations. Each felt that the statement the comment and revised the third administration, maintenance, and in § 1216.03 that area marketing sentence in § 1216.41 (a) to read: ‘‘The functioning in any fiscal year to no more associations will assist in the collection nominees shall be chosen at an open than 10 percent of assessments. Two of assessments conflicted with the meeting by election among peanut comments recommended lowering this assessment provisions in § 1216.51(h). producers eligible to serve on the to 5 percent of the assessments. The To correct this we have accepted their Board.’’ third comment recommended solution of changing the word ‘‘will’’ to In addition, we have adopted the maintaining the 10 percent requirement. ‘‘may’’ in § 1216.03. following recommendations made by The first two comments are denied. One comment noted that § 1216.06 the same commenter and revised Although 10 percent is stated in the includes peanuts for crushing for § 1216.41 to require (1) widespread proposed Order, the Board may in fact exportation and asked if peanuts for announcements in addition to public operate below that rate, but to mandate domestic crushing were covered by the notice to all growers; (2) 30 day this amount could restrict the Board in proposed Order. In response, § 1216.11 advanced notice prior to a nomination its daily operations. Handle includes peanuts for domestic meeting; and (3) USDA personnel to be Five comments were received on crushing. present to oversee and to verify § 1216.50(i) which addresses budget and One comment was received about eligibility and count ballots. The expenses. Each commenter had § 1216.18 which defines peanut commenter also requested USDA to concerns that the use of the words producer organizations eligible for conduct the nomination meeting for the ‘‘quota peanuts’’ to describe the peanuts receipt of check-off funds. The initial Board appointments. However, that would be assessed was too narrow commenter felt that any peanut by having USDA personnel present at in scope. We accept their comments and producer organization that is involved the initial meeting, we do not find it have revised § 1216.50(i) to state that in lobbying activities should not be necessary for USDA to hold the initial the allocation of funds would be based eligible for receipt of check-off funds. grower meetings for nominations. on the assessments collected from all We do not find merit in this comment. Therefore, that part of the comment is peanuts. Any peanut producer organization that denied. In addition, this commenter Two comments about § 1216.50(i) receives funds will only be eligible for wished for pre-addressed ballots to be were received addressing the allocation the funds after meeting the certification issued at nomination meetings and a list of the assessments. The commenters as outlined in § 1216.70 and will be of persons eligible to vote at the open recommended that this provision be prohibited from using Board funds for nominations meeting be issued upon revised to ensure that no less than 80 lobbying, pursuant to § 1216.49. entrance to said meetings. These percent of the Board’s funds are used in

VerDate 20-APR-99 17:08 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\23APP3.XXX pfrm06 PsN: 23APP3 20114 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Proposed Rules national programs. We believe that this recommended the assessments be to assure that producers have the ability comment has merit. To reduce the collected on a percent of the price paid to vote on the raising of the assessment possibility of having more than the 20 (the ‘‘value of segment’’ on FSA 1007). rate, a new § 1216.51(i) has been added percent of the Board’s funds spent on They maintain this is the most equitable to the Order. This section would require state or regional research, we have system. If assessments were based on a producer referendum in addition to revised § 1216.50(i) to state that the the number of tons, an inequity would notice and comment rulemaking when Board shall allocate, to the extent exist because of the variation in prices the Board recommends raising the practicable, no less than 80 percent of paid for different types and qualities of assessment rate. Further, the Act the assessments to national and regional peanuts. Also, there would have to be at provides for this action. promotion, research, and information least two assessment rates: one for quota One comment was submitted on and no more than 20 percent to state or peanuts and one for contract export § 1216.60 which addresses the reports regional research. additional peanuts. Basing the that first handlers must submit at the Two comments were received about assessment on the price paid allows the time monthly assessments are paid. The § 1216.50(k) which provided for program to have one assessment rate commenter felt there would be assessments collected from the gross that is applied equally to all peanuts. If significant administrative and financial sales of contract export additional the assessment were based on the burdens associated with preparing these peanuts to be provided to a primary support price, the proposed Order reports. The Department recognizes the contractor for the promotion and related would have to be revised if the support burden that may be placed on first research of export peanuts. Each program is changed or eliminated. For handlers. In order to reduce this burden commenter felt that assessments example, if the support price is lowered, on first handlers, we have changed collected from contract export the promotion program assessment § 1216.60 to eliminate the requirement additional peanuts would not share the would need to be raised to compensate to identify each producer, the address of burden of research at the state and for the loss in income in order to assure the producer, and the date assessments regional level. We don’t find merit in continuity in the Board’s programs. were collected. In addition, § 1216.60 these comments. We feel that Basing assessments on the price paid has been re-worded to correspond with § 1216.50(k) provides for either market would provide continuity in funding for the change in § 1216.51(c) which now or production research to be conducted. a national program, regardless of the defines the price paid as the entry in the Research that is done for export peanuts changes in or the existence of the value of segment section on the FSA does overlap with research for domestic support program. Therefore, these 1007 form as recommended by the peanuts. In addition, § 1216.50(l) comments are denied. commenter. Also, we have added a new provides the Board with the flexibility In addition, a comment was submitted § 1216.60(b) to clarify when first to change how funds are used in about the use of the words ‘‘price paid’’ handlers are to submit monthly reports § 1216.50(k). Therefore, this comment is in § 1216.51(c). The commenter felt that and assessments. denied. the use of the words ‘‘price paid’’ can We also have modified § 1216.61 One comment stated that half of the be subject to interpretation. We have Books and records to clarify what books financial burden should be shifted to accepted this comment and added the and records that first handlers and handlers, whereas § 1216.51(a) specifies following language to § 1216.51(c): Price producers must maintain and make that assessments will be paid by paid shall mean the value of segment on available to the Secretary and Board producers. This comment is denied. The the FSA 1007 form. employees. This section now states that proponent group, which was comprised One comment requested clarification copies of FSA 1007 forms, the names of producers, recommended only a of who is responsible for collection and addresses of producers, and the producer assessment. assessments on peanuts when the date when assessments were collected One comment was received immediate buyback is used. In response, must be maintained by the first handler concerning the language of the Act and § 1216.51(d) states that area marketing and producer. The purpose of this payment of assessments. The associations shall remit assessments to change is to help ensure that this commenter questioned whether the the Board on all peanuts placed under information is available for enforcement Act’s assessment language covered only loan, which would have included purposes. handler paid type programs. The Act buyback peanuts. A comment was submitted on authorizes producer assessment type Two comments were submitted on § 1216.62 which deals with confidential programs as provided in this proposal. § 1216.51(f) which addresses late treatment. The commenter stated that We do not find merit in this comment. payments. The commenters requested this section does not provide adequate A comment was received in regard to confirmation that late payments of safeguards for the confidentiality of § 1216.51(b) which deals with the assessments should be subject to proprietary information. We disagree collection of the assessments. The penalties in the form of interest and not with this comment. This confidentiality commenter believed that the words any damages that may have been provision is common to other similar ‘‘. . . peanuts owned by the first incurred from the late payment. In national programs and has prevented handler . . .’’ is vague and subject to response, it should be noted that any improper release of information. interpretation. We agree with this § 1216.51(f) only provides for late Therefore, we deem it sufficient in this comment and have changed § 1216.51(b) payment charges in the form of interest Order. In addition, the Act states that to read: ‘‘. . . peanuts produced by the on the outstanding balance due as any person who willfully violates this first handler . . .’’ recommended by the commenters. provision shall be subject, on Three comments were received on Therefore no change to this section is conviction, to a fine of not more $1,000 § 1216.51(c) which sets the assessment made. or to imprisonment for not more than 1 rate. The commenters wished to change Three comments were submitted on year, or both. the basis of the assessments to either a the Board having the ability to raise or Nonetheless, to address the per ton basis or a percent of the support lower the rate of assessment with the commenter’s concern, the modification price. We do not find merit in these approval of the Secretary. The concern to § 1216.61 Books and Records comments. This proposal was submitted was that the Board could raise the rate clarifies that only the Secretary and by producer groups which without a producer referendum. In order agents and employees of the Board (not

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Board members) will have access to first segment entry on the FSA 1007 form. A member would equal the collective handlers’ and producers’ records. new sub-section (i) was added to value of production from all minor Three comments were submitted on § 1216.51 to require a producer peanut-producing states’ three-year § 1216.81(b), formerly § 1216.80(b), referendum on raising the assessment running average of total gross farm which outlines the implementation of rate. income from all peanut sales. Any the Order. Each commenter felt that this Section 1216.60 was revised to reduce Board action would require the section was unclear and may contradict the burden that was placed on first concurring votes of members the definition of producer in § 1216.21. handlers. In order to accomplish this, collectively representing more than 50 We concur with these comments. sub-sections (a) and (b) were re-written. percent of the total U.S. gross farm Therefore, in order to assure a clear Section 1216.61 was revised to state income derived from all peanut sales understanding of the implementation that copies of FSA 1007 forms, the plus an additional two votes from other provisions, we have inserted in names and addresses of producers, and Board members, provided a minimum of § 1216.81(b) a reference to the definition the date when assessments were five members concur. Therefore, of producer in § 1216.21. collected must be maintained by first regardless of the volume voted by the Comments were submitted on handlers and producers. members, no Board action would be § 1216.87 Amendments, formerly A new § 1216.80 Right of the approved unless at least five members § 1216.86. The comments were in favor Secretary was added to provide voted in favor of it. Similarly, if five of requiring a referendum especially conformity with existing programs. This members vote in favor of a motion and when increasing the assessment. As section was added by AMS for those five members do not represent indicated above, we agree that there consistency with similar National more than 50 percent of the total U.S. should be a referendum before the Research and Promotion Programs, and gross farm income derived from all assessment rate is raised. However, we subsequent sections were renumbered peanut sales, the motion would not be deny the comment because the addition accordingly. approved. of § 1216.51(i) addresses the need of a Section 1216.81(b) was revised to Sections 1216.50 through 1216.55 referendum to raise the assessment rate. prevent any contradiction with would cover budget review and In summary, § 1216.03, § 1216.41, § 1216.21 by citing § 1216.21 in approval; authorize the collection of § 1216.50(i), § 1216.51(b), § 1216.51(c), § 1216.81(b). assessments; use of assessments, § 1216.51(i), § 1216.60(a), § 1216.60(b), Other minor changes which did not including reimbursement of necessary § 1216.60(c), § 1216.60(d), § 1216.61, materially affect the text of the Order expenses incurred by the Board for the and § 1216.81(b) have been revised as a were made for clarity. performance of its duties, including result of comments received. Other The Order is summarized as follows: expenses incurred for the Department’s changes to the proposed rule made by Sections 1216.01 through 1216.29 of the oversight responsibilities; specify who AMS are noted and discussed below. proposed Order define certain terms, pays the assessment and how; authorize Section 1216.03 was revised to use such as peanuts, minor peanut- the imposition of a late-payment charge the word ‘‘may’’ instead of ‘‘will’’ in producing states, primary peanut- on past-due assessments; address describing the role of an area marketing producing states, producer, and quota programs, plans, and projects; require association in collecting assessments. peanuts, which are used in the proposed the Board to conduct periodically an Section 1216.08 was added by AMS to Order. independent review of its overall provide a definition for the Sections 1216.40 through 1216.49 program; specify a program operating Department’s Farm Service Agency. include provisions relating to the Board reserve; and cover the investment of This will provide clarity to the proposed establishment and membership, assessment funds. Order. Section of the Order have been nominations, selections and acceptance, There will be an assessment rate of 1 renumbered accordingly. term of office, vacancies, alternate percent of the price paid for all farmers Section 1216.41 was revised to ensure members, and compensation and stock peanuts sold. Peanut producers that the nominating process is open to reimbursement; procedures for may sell their peanuts commercially or all peanut producers. This was conducting Board business; and powers put them in a government loan program. accomplished by adding new and duties of the Board, which is the For peanuts sold commercially, the first subsections (d) and (e). governing body authorized to handler would remit the assessment to Section 1216.50(i) was revised to administer the Order through the the Board. The assessment would be 1 change ‘‘quota peanuts’’ to ‘‘all peanuts’’ implementation of programs, plans, percent of the price paid for the available. In addition, language was projects, budgets, and contracts to peanuts. Under a loan program added to provide at least 80 percent of promote and disseminate information administered by FSA, a peanut producer the assessments for national programs. about peanuts, subject to oversight by also has the option of delivering the Section 1216.50(j) was modified by the Secretary. These sections also peanuts to an area marketing association AMS. The language ‘‘and approved’’ include maintenance of books and and receiving payment for the peanuts was removed from this section. AMS records by the Board and prohibited from CCC. If the peanut promotion felt that this language was repetitive and activities of the Board, its employees, program is implemented, the area unnecessary. and agents. association would deduct 1 percent of Section 1216.50(k) was modified by In order to ensure support throughout the payment from the producer’s AMS. The language ‘‘to an appropriate the production area for all Board votes, proceeds and remit that amount to the organization approved by the Secretary § 1216.46(b) provides that all Board Board as the producer’s initial as the primary contractor’’ was removed members’ votes would be weighted by assessment payment on the peanuts. from this section. This will provide the value of production represented by After the association sells the peanuts, flexibility to the Board. each member. The votes of members the area association reimburses CCC the Section 1216.51(b) was revised for from primary peanut-producing states amount of the payment to the producer clarification by changing ‘‘owned’’ to would represent their respective states’ and deducts its expenses from the ‘‘produced’’. Section 1216.51(i) was three-year running average of total gross selling price. If the peanut promotion revised to include the following farm income derived from all peanut program is implemented and if there is language: Price paid is the value of sales. The votes of the at-large Board any profit from the sale of the peanuts,

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Order, 7 CFR 1216.101–1216.107, which The federal debt collection is being published separately in this Expenses and Assessments procedures referenced in § 1216.51(g) issue of the Federal Register, shall be 1216.50 Budget and expenses. include those set forth in 7 CFR 3.1 used to conduct the referendum. 1216.51 Assessments. through 3.36 for all research and 1216.52 Programs, plans, and projects. promotion programs administered by List of Subjects in 7 CFR Part 1216 1216.53 Independent evaluation. AMS (60 FR 12533, March 7, 1995). Administrative practice and 1216.54 Operating reserve. 1216.55 Investment of funds. Sections 1216.60 through 1206.62 procedure, Advertising, Consumer concern reporting and recordkeeping information, Marketing agreements, Reports, Books, and Records requirements for persons subject to the Peanuts, Reporting and recordkeeping 1216.60 Reports. Order and protect the confidentiality of requirements. 1216.61 Books and records. information from such books, records, For the reasons set forth in the 1216.62 Confidential treatment. or reports. preamble, it is proposed that Title 7, Certification of Peanut Producer Section 1216.70 describes the Chapter XI of the Code of Federal Organizations certification requirements for peanut- Regulations be amended as follows: 1216.70 Certification. producer organizations to be eligible to nominate Board members and submit PART 1216ÐPEANUT PROMOTION, Miscellaneous requests for funds from the Board. RESEARCH, AND INFORMATION 1216.80 Right of the Secretary. Sections 1216.80 through 1216.88 ORDER 1216.81 Implementation of Order. describe the rights of the Secretary; 1216.82 Suspension and termination. authorize the Secretary to suspend or 1. The authority citation for part 1216 1216.83 Proceedings after termination. terminate the Order when deemed continues to read as follows: 1216.84 Effect of termination or appropriate; prescribe proceedings after Authority: 7401–7425. amendment. suspension or termination; address 1216.85 Personal liability. 2. Subpart A is added to part 1216 to 1216.86 Separability. personal liability, separability, and read as follows: 1216.87 Amendments. amendments; and address patents, 1216.88 Patents, copyrights, trademarks, Subpart AÐPeanut Promotion, Research, copyrights, trademarks, information, information, publications, and product and Information Order publications, and product formulations formulations. developed through the use of Definitions assessment funds. Sec. Subpart AÐPeanut Promotion, The Department has determined that 1216.01 Act. Research, and Information Order this Order is consistent with and will 1216.02 Additional peanuts. Definitions effectuate the purposes of the Act. 1216.03 Area marketing association. For the Order to become effective, the 1216.04 Board. § 1216.01 Act. Order must be approved by a simple 1216.05 Conflict of interest. Act means the Commodity Promotion, 1216.06 Contract export additional peanuts. majority of peanut producers voting in Research, and Information Act of 1996 a referendum. 1216.07 Department. 1216.08 Farm Service Agency. (7 U.S.C. 7401–7425; Public Law 104– Referendum Order 1216.09 Farmers stock peanuts. 127, 110 Stat. 1029), or any amendments thereto. It is hereby directed that a referendum 1216.10 First handler. 1216.11 Fiscal year. be conducted among peanut producers 1216.12 Handle. § 1216.02 Additional peanuts. to determine whether they favor 1216.13 Information. Additional peanuts means peanuts implementation of the Peanut 1216.14 Market. which are marketed from a farm other Promotion, Research, and Consumer 1216.15 Minor peanut-producing states. than peanuts marketed or considered Information Order. 1216.16 Order. marketed as quota peanuts. The referendum shall be conducted 1216.17 Part and subpart. from May 24 through June 11, 1999. 1216.18 Peanuts. § 1216.03 Area marketing association. Ballots will be mailed to all known 1216.19 Peanut producer organization. Area marketing association means an eligible peanut producers on or before 1216.20 Person. association selected and approved by May 17, 1999. Eligible voters who do 1216.21 Primary peanut-producing states. 1216.22 Producer. the Secretary to conduct activities under not receive a ballot by mail should call 1216.23 Promotion. regulations of the Department’s Farm the following toll-free telephone number 1216.24 Quota peanuts. Service Agency. Under an inter agency to receive a ballot: 1 (888) 720–9917. All 1216.25 Research. agreement, area marketing associations ballots will be subject to verification. 1216.26 Secretary. may assist in the collection of Ballots must be received by the 1216.27 Suspend. assessments under this subpart. The referendum agents no later than June 11, 1216.28 State. approved area marketing associations 1999, to be counted. 1216.29 Terminate. and the areas served by such Daniel R. Williams II and Martha B. 1216.30 United States. associations are as follows: Ransom, Research and Promotion National Peanut Board (a) GFA Peanut Association of Branch, Fruit and Vegetable Programs, 1216.40 Establishment and membership. Camilla, Georgia (GFA). GFA serves the Agricultural Marketing Service, U.S. 1216.41 Nominations. southeastern area consisting of Puerto Department of Agriculture, Room 2535– 1216.42 Selection. Rico, the U.S. Virgin Islands, and the S, Stop 0244, Washington, D.C. 20250– 1216.43 Term of office. states of Alabama, Florida, Georgia,

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Mississippi, and that part of South excess moisture) from the condition in § 1216.14 Market. Carolina south and west of the Santee- which picked or threshed peanuts are Market means to sell or otherwise Congaree-Broad Rivers; customarily marketed by producers, dispose of peanuts into interstate, (b) Peanut Growers Cooperative plus any loose shelled kernels that are foreign, or intrastate commerce by Marketing Association of Franklin, removed from farmers stock peanuts buying, marketing, distributing, or Virginia (PGCMA). PGCMA serves the before such farmers stock peanuts are otherwise placing peanuts into Virginia-Carolina area consisting of the marketed. commerce. District of Columbia, and the states of Connecticut, Delaware, Illinois, Indiana, § 1216.10 First handler. § 1216.15 Minor peanut-producing states. Iowa, Kentucky, Maine, Maryland, First handler means any person who Minor peanut-producing states means Massachusetts, Michigan, Minnesota, handles peanuts in a capacity other than all peanut-producing states with the Missouri, New Hampshire, New Jersey, that of a custom cleaner or dryer, an exception of Alabama, Florida, Georgia, New York, North Carolina, Ohio, assembler, a warehouseman, or other New Mexico, North Carolina, Pennsylvania, Rhode Island, Tennessee, intermediary between the producer and Oklahoma, South Carolina, Texas, and Vermont, Virginia, West Virginia, the person handling. Virginia. Wisconsin, and that part of South Carolina north and east of the Santee- § 1216.11 Fiscal year. § 1216.16 Order. Congaree-Broad Rivers; and Fiscal year is synonymous with crop Order means an Order issued by the (c) Southwestern Peanut Growers year and means the 12-month period Secretary under section 514 of the Act Association of Gorman, Texas beginning with August 1 of any year and that provides for a program of generic (SWPGA). SWPGA serves the ending with July 31 of the following promotion, research, and information southwestern area consisting of the year, or such other period as determined regarding agricultural commodities states of Alaska, Arizona, Arkansas, by the Board and approved by the authorized under the Act. California, Colorado, Hawaii, Idaho, Secretary. Kansas, Louisiana, Montana, Nebraska, § 1216.17 Part and subpart. New Mexico, Nevada, North Dakota, § 1216.12 Handle. Part means the Peanut Promotion, Oklahoma, Oregon, South Dakota, Handle means to engage in the Research, and Information Order and all Texas, Utah, Washington, and rules, regulations, and supplemental Wyoming, and all other territories of the receiving or acquiring, cleaning and shelling, cleaning in-shell, or crushing Orders issued pursuant to the Act and United States not listed in paragraph (a) the Order. The Order shall be a or (b) of this section. of peanuts and in the shipment (except as a common or contract carrier of ‘‘subpart’’ of such part. § 1216.04 Board. peanuts owned by another) or sale of § 1216.18 Peanuts. Board means the administrative body cleaned in-shell or shelled peanuts, or referred to as the National Peanut Board other activity causing peanuts to enter Peanuts means the seeds of the established pursuant to § 1216.40. the current of commerce: Provided, that legume arachis hypogaea and includes this term does not include sales or both in-shell and shelled peanuts other § 1216.05 Conflict of interest. deliveries of peanuts by a producer to a than those marketed by the producer in Conflict of interest means a situation handler or to an intermediary person green form for consumption as boiled in which a member or employee of the engaged in delivering peanuts to peanuts. Board has a direct or indirect financial handler(s) and Provided further, that § 1216.19 Peanut producer organization. interest in a person who performs a this term does not include sales or service for, or enters into a contract deliveries of peanuts by such Peanut producer organization means with, the Board for anything of intermediary person(s) to a handler. a state-legislated peanut promotion, economic value. research, and education commission or § 1216.13 Information. organization. For states without a state- § 1216.06 Contract export additional legislated peanut promotion, research, peanuts. Information means information and programs that are designed to increase and education commission or Contract export additional peanuts organization, ‘‘peanut producer are additional peanuts for exportation, efficiency in processing and to develop new markets, marketing strategies, organization’’ means any organization including peanuts for crushing for which has the primary purpose of exportation, for which a contract has increased market efficiency, and activities that are designed to enhance representing peanut producers and has been entered into between a first peanut producers as members. handler and a producer. the image of peanuts on a national or international basis. These include: § 1216.20 Person. § 1216.07 Department. (a) Consumer information, which Person means any individual, group Department means the U.S. means any action taken to provide Department of Agriculture. of individuals, partnership, corporation, information to, and broaden the association, cooperative, or any other § 1216.08 Farm Service Agency. understanding of, the general public legal entity. regarding the consumption, use, Farm Service Agency or FSA means nutritional attributes, and care of § 1216.21 Primary peanut-producing the U.S. Department of Agriculture’s peanuts; and states. Farm Service Agency. (b) Producer information, which Primary peanut-producing states § 1216.09 Farmers stock peanuts. means information and programs that means Alabama, Florida, Georgia, New Farmers stock peanuts means picked will lead to the development of new Mexico, North Carolina, Oklahoma, or threshed peanuts produced in the markets, new marketing strategies, or South Carolina, Texas, and Virginia, United States which have not been increased efficiency for the peanut Provided, these states maintain three- changed (except for removal of foreign industry, and activities to enhance the year average production of at least material, loose shelled kernels and image of the peanut industry. 10,000 tons of peanuts.

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§ 1216.22 Producer. § 1216.30 United States. appointment to the initial promotion Producer means any person engaged United States means collectively the Board from certified nominating in the production and sale of peanuts 50 states, the District of Columbia, the organizations. In any subsequent year in and who owns, or shares the ownership Commonwealth of Puerto Rico, and the which an appointment to the Board is and risk of loss of the crop. This does territories and possessions of the United to be made, nominations for positions not include quota holders who do not States. whose terms will expire shall be share in the risk of loss of the crop. obtained from certified nominating National Peanut Board organizations by the Board’s staff and § 1216.23 Promotion. § 1216.40 Establishment and membership. submitted to the Secretary by May 1 of Promotion means any action taken by (a) Establishment of a National Peanut such year, or other such date as the National Peanut Board under this approved by the Secretary. Order, including paid advertising, to Board. There is hereby established a National Peanut Board, hereinafter (c) Except for initial Board members, present a favorable image of peanuts to whose nomination process will be the public to improve the competitive called the Board, composed of no more than 10 peanut producers and initiated by the Secretary, the Board position of peanuts in the marketplace, shall issue the call for nominations by including domestic and international alternates, appointed by the Secretary from nominations as follows: March 1 of each year. markets, and to stimulate sales of (d) The nomination meeting shall be peanuts. (1) Nine members and alternates. One member and one alternate shall be announced 30 days in advance: § 1216.24 Quota peanuts. appointed from each primary peanut- (1) By utilizing available media or Quota peanuts means peanuts which producing state, who are producers and public information sources, without are: whose nominations have been incurring advertising expense, to (a) Eligible for domestic edible uses; submitted by certified peanut producer publicize the dates, places, method of and organizations within a primary peanut- voting, eligibility requirements, and (b) Marketed or considered marketed producing state. other pertinent information. Such from a farm as quota peanuts pursuant (2) The minor peanut-producing states sources of publicity may include, but to the provisions of 7 CFR Part 729 and shall collectively have one at-large are not limited to, print and radio; and are not in excess of the effective farm member and one alternate, who are (2) By such other means as deemed poundage quota established for the farm producers, to be appointed by the advisable. on which such peanuts were produced. Secretary from nominations submitted (e) At nominations meetings, by certified peanut producer Department personnel will be present to § 1216.25 Research. organizations within minor peanut- oversee and to verify eligibility and Research means any type of test, producing states or from other certified count ballots. study, or analysis designed to advance farm organizations that include peanut the image, desirability, use, producers as part of their membership. § 1216.42 Selection. marketability, production, product (b) Adjustment of membership. At From the nominations, the Secretary development, or quality of peanuts, least once in each five-year period, but shall select the members of the Board including research relating to not more frequently than once in each and alternates for each primary peanut- nutritional value and cost of production. three-year period, the Board, or a person producing state. The Secretary shall select one member and one alternate § 1216.26 Secretary. or agency designated by the Board, shall review the geographical distribution of from all nominations submitted by Secretary means the Secretary of peanuts in the United States and make certified peanut producer organizations Agriculture of the United States, or any recommendation(s) to the Secretary to representing minor peanut-producing officer or employee of the U.S. continue without change, or whether states. Department of Agriculture to whom changes should be made in the number § 1216.43 Term of office. authority has heretofore been delegated, of representatives on the Board to reflect or to whom authority may hereafter be changes in the geographical distribution All members and alternates of the delegated, to act in the Secretary’s stead. of the production of peanuts. Board shall each serve for terms of three § 1216.27 Suspend. years, except that the members and § 1216.41 Nominations. alternates appointed to the initial Board Suspend means to issue a rule under (a) All nominations authorized under shall serve proportionately for two-, section 553 of title 5, United States § 1216.40 shall be made within such a three-, and four-year terms, with the Code, to temporarily prevent the period of time as the Secretary shall length of the terms determined at operation of an Order during a prescribe. Eligible peanut producer random. No member or alternate may particular period of time specified in the organizations within each state as serve more than two consecutive three- rule. certified pursuant to § 1216.70 shall year terms. An alternate, after serving § 1216.28 State. nominate two qualified persons for each two consecutive three-year terms, may State means any of the 50 states, the member and each alternate member. serve as a member for an additional two District of Columbia, the The nominees shall be elected at an consecutive three-year terms. A Commonwealth of Puerto Rico, or any open meeting among peanut producers member, after serving two consecutive territory or possession of the United eligible to serve on the Board. Any three-year terms, may serve as an States. certified peanut producer organization alternate for an additional two representing a minor peanut-producing consecutive three-year terms. Each § 1216.29 Terminate. state may nominate two eligible persons member and alternate shall continue to Terminate means to issue a rule under for each member and two eligible serve until a successor is selected and section 553 of title 5, United States persons for each alternate member. has qualified. Code, to cancel permanently the (b) As soon as practicable after this (a) Those members serving initial operation of an Order beginning on a subpart becomes effective, the Secretary terms of two or four years may serve one date certain specified in the rule. shall obtain nominations for successive three-year term.

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(b) Any successor serving one year or Board may also take action as prescribed (1) The contractor or agreeing party less may serve two consecutive three- in this section by mail, facsimile, shall develop and submit to the Board year terms. telephone, or any telecommunication a program, plan, or project together with method appropriate for the conduct of a budget or budgets that show the § 1216.44 Vacancies. business, but any such action shall be estimated cost to be incurred for such To fill any vacancy resulting from the confirmed in writing within 30 days. program, plan, or project; failure to qualify of any person selected (d) There shall be no voting by proxy. (2) The contractor or agreeing party as a member or as an alternate member (e) The chairperson shall be a voting shall keep accurate records of all its of the Board, or in the event of death, member. transactions and make periodic reports removal, resignation, or disqualification to the Board of activities conducted, of any member or alternate member of § 1216.47 Compensation and submit accounting for funds received reimbursement. the Board, a successor for the unexpired and expended, and make such other term of such member or alternate The members of the Board, and reports as the Secretary or the Board member of the Board shall be nominated alternates when acting as members, may require; and selected in the manner specified in shall serve without compensation but (3) The Secretary may audit the § 1216.40. shall be reimbursed for reasonable travel records of the contracting or agreeing expenses, as approved by the Board, party periodically; and § 1216.45 Alternate members. incurred by them in the performance of (4) Any subcontractor who enters into An alternate member of the Board, their duties as Board members. a contract with a Board contractor and during the absence of the member for who receives or otherwise uses funds the primary peanut-producing state or § 1216.48 Powers and duties of the National Peanut Board. allocated by the Board shall be subject at-large member for whom the person is to the same provisions as the contractor; the alternate, shall act in the place and The Board shall have the following (f) To prepare and submit for approval stead of such member and perform such powers and duties: of the Secretary fiscal year budgets in duties as assigned. In the event of death, (a) To administer the Order in accordance with § 1216.50; removal, resignation, or disqualification accordance with its terms and (g) To maintain such records and of any member, the alternate for that conditions and to collect assessments; books and prepare and submit such state or at-large member shall act for the (b) To develop and recommend to the reports and records from time to time to member until a successor for such Secretary for approval such bylaws as the Secretary as the Secretary may member is selected and qualified. In the may be necessary for the functioning of prescribe; to make appropriate event that both a producer member of the Board, and such rules as may be accounting with respect to the receipt the Board and the alternate are unable necessary to administer the Order, and disbursement of all funds entrusted to attend a meeting, the Board may not including activities authorized to be to it; and to keep records that accurately designate any other alternate to serve in carried out under the Order; reflect the actions and transactions of such member’s or alternate’s place and (c) To meet, organize, and select from the Board; stead for such a meeting. among the members of the Board a (h) To cause its books to be audited chairperson, other officers, committees, by a competent auditor at the end of § 1216.46 Procedure. and subcommittees, as the Board each fiscal year and at such other times (a) A majority of the members of the determines to be appropriate; as the Secretary may request, and to Board, including alternate members (d) To employ persons, other than the submit a report of the audit directly to acting for members, shall constitute a members, as the Board considers the Secretary; quorum. necessary to assist the Board in carrying (i) To give the Secretary the same (b) At assembled meetings, all votes out its duties and to determine the notice of meetings of the Board as is shall be cast in person. Board actions compensation and specify the duties of given to members in order that the shall be weighted by value of such persons; Secretary’s representative(s) may attend production as determined by a primary (e) To develop programs and projects, such meetings, and to keep and report peanut-producing state’s three-year and enter into contracts or agreements, minutes of each meeting of the Board to running average of total gross farm which must be approved by the the Secretary; income derived from all peanut sales. Secretary before becoming effective, for (j) To act as intermediary between the The at-large Board member’s vote shall the development and carrying out of Secretary and any producer or first be weighted by the collective value of programs or projects of research, handler; production from all minor peanut- information, or promotion, and the (k) To furnish to the Secretary any producing states’ three-year running payment of costs thereof with funds information or records that the Secretary average of total gross farm income collected pursuant to this subpart. Each may request; derived from all peanut sales. Any contract or agreement shall provide that (l) To receive, investigate, and report Board action shall require the any person who enters into a contract or to the Secretary complaints of violations concurring votes of members or agreement with the Board shall develop of the Order; alternates from states representing more and submit to the Board a proposed (m) To recommend to the Secretary than 50 percent of total U.S. gross farm activity; keep accurate records of all of such amendments to the Order as the income derived from all peanut sales, its transactions relating to the contract Board considers appropriate; and plus an additional two votes from any or agreement; account for funds (n) To work to achieve an effective, other Board members, provided a received and expended in connection continuous, and coordinated program of minimum of five votes concur. with the contract or agreement; make promotion, research, consumer (c) For routine and noncontroversial periodic reports to the Board of information, evaluation, and industry matters which do not require activities conducted under the contract information designed to strengthen the deliberation and the exchange of views, or agreement; and make such other peanut industry’s position in the and in matters of an emergency nature reports available as the Board or the marketplace; maintain and expand when there is not time to call an Secretary considers relevant. Any existing markets and uses for peanuts; assembled meeting of the Board, the contract or agreement shall provide that: and to carry out programs, plans, and

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(a) Any action that would be a conflict subject to the same fiscal, budget, and of interest; audit controls as other funds of the § 1216.51 Assessments. (b) Using funds collected by the Board Board. Any funds borrowed by the (a) The funds to cover the Board’s under the Order to undertake any action Board shall be expended only for expenses shall be acquired by the for the purpose of influencing startup costs and capital outlays and are levying of assessments upon producers legislation or governmental action or limited to the first year of operation of in a manner prescribed by the Secretary. policy, including local, state, national, the Board. (b) Each first handler, at such times and international, other than (f) The Board may accept voluntary and in such manner as prescribed by the recommending to the Secretary contributions, but these shall only be Secretary, shall collect from each amendments to the Order; and used to pay expenses incurred in the producer and pay assessments to the (c) Any advertising, including conduct of programs, plans, and Board on all peanuts handled, including promotion, research, and information projects. Such contributions shall be peanuts produced by the first handler, activities authorized to be carried out free from any encumbrance by the donor no later than 60 days after the last day under the Order, that is false or and the Board shall retain complete of the month in which the peanuts were misleading or disparaging to another control of their use. marketed. agricultural commodity. (g) The Board shall reimburse the (c) Such assessments shall be levied at Expenses and Assessments Secretary for all expenses incurred by a rate of 1 percent of the price paid for the Secretary in the implementation, all farmers stock peanuts sold. Price § 1216.50 Budget and expenses. administration, and supervision of the paid is the value of segment entry on the (a) At least 60 days prior to the Order, including all referendum costs in FSA 1007 form. beginning of each fiscal year, and as connection with the Order. (h) The Board may not expend for (d) For peanuts placed under loan may be necessary thereafter, the Board with the Department’s Commodity shall prepare and submit to the administration, maintenance, and functioning of the Board in any fiscal Credit Corporation, each area marketing Secretary a budget for the fiscal year association shall remit to the Board the covering its anticipated expenses and year an amount that exceeds 10 percent of the assessments and other income following: disbursements in administering this (1) One (1) percent of the initial price subpart. Each such budget shall include: received by the Board for that fiscal year. Reimbursements to the Secretary paid for either quota or additional (1) A statement of objectives and peanuts no more than 60 days after the strategy for each program, plan, or required under paragraph (g) of this section are excluded from this last day of the month in which the project; peanuts were placed under loan; and (2) A summary of anticipated revenue, limitation on spending. (2) One (1) percent of the profit from with comparative data for at least one (i) The Board shall allocate, to the the sale of the peanuts within 60 days preceding year (except for the initial extent practicable, no less than 80 after the final day of the area budget); percent of the assessments collected on (3) A summary of proposed all peanuts available for any fiscal year association’s fiscal year. expenditures for each program, plan, or on national and regional promotion, (e) All assessments collected under project; and research, and information activities. The this section are to be used for expenses (4) Staff and administrative expense Board shall allocate, to the extent and expenditures pursuant to this Order breakdowns, with comparative data for practicable, no more than 20 percent of and for the establishment of an at least one preceding year (except for assessments collected on all peanuts operating reserve as prescribed in the the initial budget). available for any fiscal year for use in Order. (b) Each budget shall provide state or regional research programs. (f) The Board shall impose a late adequate funds to defray its proposed Specific percentages and amounts shall payment charge on any person who fails expenditures and to provide for a be determined annually by the Board, to remit to the Board the total amount reserve as set forth in this subpart. with the approval of the Secretary. for which the person is liable on or (c) Subject to this section, any (j) Certified peanut producer before the payment due date established amendment or addition to an approved organizations may submit requests for under this section. The late payment budget must be approved by the funding for research and/or generic charge will be in the form of interest on Secretary, including shifting funds from promotion projects. Amounts approved the outstanding portion of any amount one program, plan, or project to another. for each state shall not exceed the pro for which the person is liable. The rate Shifts of funds which do not cause an rata share of funds available for that of interest shall be prescribed in increase in the Board’s approved budget state as determined by the Board and regulations issued by the Secretary. and which are consistent with approved by the Secretary. Amounts (g) Persons failing to remit total governing bylaws need not have prior allocated by the Board for state research assessments due in a timely manner approval by the Secretary. or promotion activities will be based on may also be subject to actions under (d) The Board is authorized to incur requests submitted to the Board when it federal debt collection procedures. such expenses, including provision for is determined that they meet the goals (h) The Board may authorize other a reasonable reserve, as the Secretary and objectives stated in the Order. organizations to collect assessments on finds are reasonable and likely to be (k) Assessments collected, less pro its behalf with the approval of the incurred by the Board for its rata administrative expenses, from the Secretary. maintenance and functioning, and to gross sales of contract export additional (i) The assessment rate may not be enable it to exercise its powers and peanuts shall be allocated by the Board increased unless the new rate is

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Only those persons having a authorized under this subpart. Such this subpart, only in obligations of the specific need for such information to programs, plans, or projects shall United States or any agency of the effectively administer the provisions of provide for: United States; general obligations of any this subpart shall have access to such (1) The establishment, issuance, state or any political subdivision of a information. Only such information so effectuation, and administration of state; interest bearing accounts or obtained as the Secretary deems appropriate programs for promotion, certificates of deposit of financial relevant shall be disclosed by them, and research, and information, including institutions that are members of the then only in a judicial proceeding or producer and consumer information, Federal Reserve system; or obligations administrative hearing brought at the with respect to peanuts; and that are fully guaranteed as to principal direction, or on the request, of the (2) The establishment and conduct of and interest by the United States. research with respect to the use, Secretary, or to which the Secretary or nutritional value, sale, distribution, and Reports, Books, and Records any officer of the United States is a party, and involving this subpart. marketing of peanuts and peanut § 1216.60 Reports. products, and the creation of new Nothing in this section shall be deemed products thereof, to the end that (a) Each producer and first handler to prohibit: marketing and use of peanuts may be subject to this part shall be required to (a) The issuance of general statements encouraged, expanded, improved, or report to the employees of the Board, at based upon the reports of the number of made more acceptable and to advance such times and in such manner as it persons subject to this subpart or the image, desirability, or quality of may prescribe, such information as may statistical data collected therefrom, peanuts. be necessary for the Board to perform its which statements do not identify the (b) No program, plan, or project shall duties. Such reports shall include, but information furnished by any person; be implemented prior to its approval by shall not be limited to the following: and the Secretary. Once a program, plan, or (1) Number of pounds of peanuts (b) The publication, by direction of project is so approved, the Board shall produced or handled; the Secretary, of the name of any person take appropriate steps to implement it. (2) Price paid to producers (entry in who has been adjudged to have violated (c) Each program, plan, or project value of segment section on the FSA this subpart, together with a statement implemented under this subpart shall be 1007 form); and of the particular provisions of this reviewed or evaluated periodically by (3) Total assessments collected. subpart violated by such person. the Board to ensure that it contributes (b) First Handlers shall submit monthly reports to the Board. These Certification of Peanut Producer to an effective program of promotion, Organizations research, or consumer information. If it reports shall accompany the payment of is found by the Board that any such the collected assessments and shall be § 1216.70 Certification. due 60 days after the last day of the program, plan, or project does not (a) Organizations receiving month in which the peanuts were contribute to an effective program of certification from the Secretary will be marketed. promotion, research, or consumer entitled to submit nominations for information, then the Board shall § 1216.61 Books and records. Board membership to the Secretary for terminate such program, plan, or Each first handler and producer appointment and to submit requests for project. subject to this subpart shall maintain funding to the Board. (d) No program, plan, or project shall and make available for inspection by the (b) For major peanut-producing states, make any false claims on behalf of state-legislated peanut promotion, peanuts or use unfair or deceptive acts Secretary and employees and agents of the Board such books and records as are research, and information organizations or practices with respect to the quality, may request certification, provided the value, or use of any competing product. necessary to carry out the provisions of this subpart and the regulations issued state-legislated promotion program Peanuts of all domestic origins shall be submits a factual report that shall treated equally. thereunder, including such records as are necessary to verify any reports contain information deemed relevant § 1216.53 Independent evaluation. required. Such records shall include but and specified by the Secretary for the The Board shall, not less often than are not limited to the following: copies making of such determination pursuant every five years, authorize and fund, of FSA 1007 forms, the names and to paragraph (e) of this section. from funds otherwise available to the address of producers, and the date the (c) If a state-legislated peanut Board, an independent evaluation of the assessments were collected. Such promotion, research and information effectiveness of the Order and other records shall be retained for at least two organization in a major peanut- programs conducted by the Board years beyond the marketing year of their producing state does not elect to seek pursuant to the Act. The Board shall applicability. certification from the Secretary within a submit to the Secretary, and make specified time period as determined by § 1216.62 Confidential treatment. available to the public, the results of the Secretary, or does not meet each periodic independent evaluation All information obtained from books, eligibility requirements as specified by conducted under this section. records, or reports under the Act, this the Secretary, then any peanut producer subpart, and the regulations issued organization whose primary purpose is § 1216.54 Operating reserve. thereunder shall be kept confidential by to represent peanut producers within a The Board shall establish an operating all persons, including all employees and primary peanut-producing state, or any monetary reserve and may carry over to former employees of the Board, all other organization which has peanut

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Certification referendum who, during a Order; shall be based, in addition to other representative period determined by the (3) From time to time, account for all available information, upon a factual Secretary, have been engaged in the receipts and disbursements and deliver report submitted by the organization production of peanuts. all property on hand, together with all that shall contain information deemed books and records of the Board and the relevant and specified by the Secretary § 1216.82 Suspension and termination. trustees, to such person or persons as for the making of such determination (a) The Secretary shall suspend or the Secretary may direct; and pursuant to paragraph (e) of this section. terminate this subpart or a provision (4) Upon request of the Secretary (d) For minor peanut-producing thereof if the Secretary finds that this execute such assignments or other states, any organization that has peanut subpart or a provision thereof obstructs instruments necessary and appropriate producers as part of its membership or does not tend to effectuate the to vest in such persons title and right to may request certification. purposes of the Act, or if the Secretary all funds, property and claims vested in (e) The information required for determines that this subpart or a the Board or the trustees pursuant to the certification by the Secretary may provision thereof is not favored by Order. include, but is not limited to, the persons voting in a referendum (c) Any person to whom funds, following: conducted pursuant to the Act. property or claims have been transferred (1) The geographic distribution within (b) Every five years, the Secretary or delivered pursuant to the Order shall the state covered by the organization’s shall hold a referendum to determine be subject to the same obligations active membership; whether peanut producers favor the imposed upon the Board and upon the (2) The nature and size of the continuation of the Order. The Secretary trustees. organization’s active membership in the will also conduct a referendum if 10 (d) Any residual funds not required to state, proportion of total such active percent or more of all eligible peanut defray the necessary expenses of membership accounted for by producers request the Secretary to hold liquidation shall be turned over to the producers, a map showing the peanut- a referendum. In addition, the Secretary Secretary to be disposed of, to the extent producing counties in such state in may hold a referendum at any time. practical, to the peanut producer which the organization has members, (c) The Secretary shall suspend or organizations, certified pursuant to the volume of peanuts produced in each terminate this subpart at the end of the § 1216.70, in the interest of continuing such county, the number of peanut marketing year whenever the Secretary peanut promotion, research, and producers in each such county, and the determines that its suspension or information programs. size of the organization’s active peanut termination is approved or favored by a producer membership in each such simple majority of the producers voting § 1216.84 Effect of termination or county; in a referendum who, during a amendment. (3) The extent to which the peanut representative period determined by the Unless otherwise expressly provided producer membership of such Secretary, have been engaged in the by the Secretary, the termination of this organization is represented in setting production of peanuts. subpart or of any regulation issued the organization’s policies; (d) If, as a result of the referendum pursuant thereto, or the issuance of any (4) Evidence of stability and conducted under paragraph (b) of this amendment to either thereof, shall not: permanency of the organization; section, the Secretary determines that (a) Affect or waive any right, duty, (5) Sources from which the this subpart is not approved, the obligation or liability which shall have organization’s operating funds are Secretary shall: arisen or which may thereafter arise in derived; (1) Not later than 180 days after connection with any provision of this (6) Functions of the organization; making the determination, suspend or subpart or any regulation issued (7) The organization’s ability and terminate, as the case may be, collection thereunder; or willingness to further the aims and of assessments under this subpart; and (b) Release or extinguish any violation objectives of the Act and Order; and, (2) As soon as practical, suspend or of this subpart or any regulation issued (8) Demonstrated experience terminate, as the case may be, activities thereunder; or administering generic state promotion under this subpart in an orderly (c) Affect or impair any rights or and research programs. manner. remedies of the United States, or of the (f) The Secretary’s determination as to Secretary or of any other persons, with § 1216.83 Proceedings after termination. eligibility or certification of an respect to any such violation. organization shall be final. (a) Upon the termination of this subpart, the Board shall recommend not § 1216.85 Personal liability. Miscellaneous more than three of its members to the No member or alternate member of § 1216.80 Right of the Secretary. Secretary to serve as trustees for the the Board shall be held personally All fiscal matters, programs, plans, or purpose of liquidating the affairs of the responsible, either individually or projects, rules or regulations, reports, or Board. Such persons, upon designation jointly with others, in any way other substantive actions proposed and by the Secretary, shall become trustees whatsoever, to any person for errors in prepared by the Board shall be of all the funds and property then in the judgment, mistakes, or other acts, either submitted to the Secretary for approval. possession or under control of the of commission or omission, as such Board, including claims for any funds member or alternate, except for acts of § 1216.81 Implementation of the Order. unpaid or property not delivered, or any dishonesty or willful misconduct. The Order shall not become effective other claim existing at the time of such unless: termination. § 1216.86 Separability. (a) The Secretary determines that the (b) The said trustees shall: If any provision of this subpart is Order is consistent with and will (1) Continue in such capacity until declared invalid or the applicability effectuate the purposes of the Act; and discharged by the Secretary; thereof to any person or circumstances (b) The Order is approved by a simple (2) Carry out the obligations of the is held invalid, the validity of the majority of the peanut producers as Board under any contracts or remainder of this subpart or the

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DEPARTMENT OF JUSTICE staff member for deposit in the inmate’s Counsel, Bureau of Prisons, 320 First commissary account. Institution staff are Street, NW., HOLC Room 754, Bureau of Prisons responsible for processing these funds. Washington, DC 20534. Comments The Bureau is proposing that all inmate received during the comment period 28 CFR Parts 506 and 540 funds from family and friends be sent will be considered before final action is [BOP±1091±P] directly to a centralized inmate taken. Comments received after the commissary account. The deposit must RIN 1120±AA86 expiration of the comment period will be in the form of a money order and the be considered to the extent practicable. Inmate Commissary Account Deposit envelope must not contain any All comments received remain on file Procedures enclosures intended for delivery to the for public inspection at the above inmate as any enclosure is subject to address. The proposed rule may be AGENCY: Bureau of Prisons, Justice. disposal. Personal checks are not changed in light of the comments ACTION: Proposed rule. acceptable, but will be returned received. No oral hearings are provided the check has adequate return contemplated. SUMMARY: In this document, the Bureau address information. Funds received of Prisons is proposing to amend its from other sources such as tax refunds, Executive Order 12866 regulations on how an inmate may dividends from stocks, or state benefits receive funds from family, friends, and will be forwarded for deposit to the This rule falls within a category of other sources. Under current regulation, centralized inmate commissary account. actions that the Office of Management funds intended for any inmate’s use are The Bureau currently manages its and Budget (OMB) has determined not included in correspondence sent to the inmate accounting functions in a to constitute ‘‘significant regulatory inmate or left with staff as part of completely de-centralized fashion. Each actions’’ under section 3(f) of Executive visiting. Staff at the institution arrange institution operates separately and Order 12866 and, accordingly, it was for the deposit of these funds into the distinctly from one another, although not reviewed by OMB. inmate’s account. Under the proposed each is performing virtually identical regulations, funds from family, friends, functions. For example, posting mail Executive Order 12612 or other sources will no longer be sent room collections to inmate accounts, This regulation will not have to the inmate but will instead be sent making daily trips to the bank to deposit substantial direct effects on the States, directly to a centralized inmate collections, establishing inmate on the relationship between the national commissary account in the form of a accounts each time an inmate arrives at government and the States, or on money order for receipt and posting. their current location, and transferring distribution of power and funds between institutions. The Bureau Any funds sent by family or friends to responsibilities among the various believes that having a centralized the inmate’s location will not be levels of government. Therefore, in inmate commissary account will benefit accepted and will be rejected and accordance with Executive Order 12612, the inmate by allowing them immediate returned to the sender provided there is it is determined that this rule does not an adequate return address. This access to their funds. Also, the have sufficient federalism implications amendment is intended to provide for centralized inmate commissary account to warrant the preparation of a the more efficient processing of inmate will eliminate redundant work efforts, Federalism Assessment. funds. allow institutions complete access to DATES: Comments due by June 22, 1999. detailed inmate account history, remove Regulatory Flexibility Act personal liability from institution staff ADDRESSES: Rules Unit, Office of related to handling of inmate funds, and The Director of the Bureau of Prisons, General Counsel, Bureau of Prisons, enhance Bureau security by allowing in accordance with the Regulatory HOLC Room 754, 320 First Street, NW., centralized reporting and comparisons Washington, DC 20534. Flexibility Act (5 U.S.C. 605(b)), has of sources of incoming funds and reviewed this regulation and by FOR FURTHER INFORMATION CONTACT: Roy destination of outgoing funds across all approving it certifies that this regulation Nanovic, Office of General Counsel, institutions. The tremendous growth of will not have a significant economic Bureau of Prisons, phone (202) 514– the number of Bureau facilities coupled impact upon a substantial number of 6655. with new computer networking small entities for the following reasons: SUPPLEMENTARY INFORMATION: The technology have made the current This rule pertains to the correctional Bureau of Prisons is proposing to add method of managing inmate funds management of offenders committed to new regulations (28 CFR part 506) outdated, inefficient, and costly. the custody of the Attorney General or pertaining to inmate deposits and to The Bureau will test deposit the Director of the Bureau of Prisons, make conforming amendments to its procedures under a centralized inmate and its economic impact is limited to regulation on inmate correspondence commissary account at a limited the Bureau’s appropriated funds. (28 CFR 540.23). The current provisions number of institutions. The inmates at in § 540.23 were published in the the institutions selected for the test Unfunded Mandates Reform Act of Federal Register on October 1, 1985 (50 project will be notified individually of 1995 FR 40109). the procedures to follow and will be Current provisions on general provided assistance in notifying family This rule will not result in the correspondence allow an inmate, upon and friends of these same procedures. expenditure by State, local and tribal completing the appropriate form, to Information gathered from the test governments, in the aggregate, or by the receive funds through the mail from project will be used in conjunction with private sector, of $100,000,000 or more family or friends or, upon approval of comments received from the public in in any one year, and it will not the Warden, from other persons for evaluating any final rule. significantly or uniquely affect small crediting to the inmate’s trust fund Interested persons may participate in governments. Therefore, no actions were account. Current provisions on visiting this proposed rulemaking by submitting deemed necessary under the provisions provide that the Warden may allow a data, views, or arguments in writing to of the Unfunded Mandates Reform Act visitor to leave money with a designated the Rules Unit, Office of General of 1995.

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Small Business Regulatory Enforcement PART 506ÐINMATE COMMISSARY to the centralized inmate commissary Fairness Act of 1996 ACCOUNT account. This rule is not a major rule as Sec. SUBCHAPTER CÐINSTITUTIONAL defined by § 804 of the Small Business 506.1 Background. MANAGEMENT Regulatory Enforcement Fairness Act of 506.2 Deposit procedures. PART 540ÐCONTACT WITH PERSONS 1996. This rule will not result in an Authority: 5 U.S.C. 301; 18 U.S.C. 3621, annual effect on the economy of 3622, 3624, 4001, 4042, 4081, 4082 (Repealed IN THE COMMUNITY $100,000,000 or more; a major increase in part as to offenses committed on or after 1. The authority citation for 28 CFR in costs or prices; or significant adverse November 1, 1987), 5006–5024 (Repealed part 540 continues to read as follows: effects on competition, employment, October 12, 1984 as to offenses committed investment, productivity, innovation, or after that date), 5039; 28 U.S.C. 509, 510; 31 Authority: 5 U.S.C. 301, 551, 552A, 18 U.S.C. 1321; 28 CFR 0.95–0.99. on the ability of United States-based U.S.C. 1791, 3621, 3622, 3624, 4001, 4042, companies to compete with foreign- § 506.1 Background. 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), based companies in domestic and The Bureau operates individual 5006–5024 (Repealed October 12, 1984, as to export markets. inmate commissary accounts to offenses committed after that date), 5039; 28 Plain Language Instructions maintain inmates’ monies while they U.S.C. 509; 28 CFR 0.95–0.99. are incarcerated. Deposits to the account We try to write clearly. If you can may be made by family or friends, and 2. Section 540.23, is revised to read as suggest how to improve the clarity of for funds received from other sources. follows: these regulations, call or write Roy § 506.2 Deposit procedures. § 540.23 Inmate funds received through Nanovic, Office of General Counsel, the mails. Bureau of Prisons, HOLC Room 754, 320 (a) Funds deposited by family and First Street, NW., Washington, DC friends. Deposits by family and friends Except as provided for in part 506 of 20534, 202–514–6655. must be mailed to the centralized this chapter, funds enclosed in inmate inmate commissary account at the correspondence are to be rejected. List of Subjects in 28 CFR Parts 506 and address provided by the Bureau and Deposits intended for the inmate’s 540 must be in the form of a money order. commissary account must be mailed Prisoners. (1) The deposit envelope must not directly to the centralized commissary Kathleen Hawk Sawyer, contain any enclosures intended for account (see 28 CFR part 506). Director, Bureau of Prisons. delivery to the inmate. Any enclosure is 3. In § 540.51 paragraph (g)(3) is Accordingly, pursuant to the subject to disposal. revised to read as follows: (2) The deposit must be in the form rulemaking authority vested in the § 540.51 Procedures. Attorney General in 5 U.S.C. 552(a) and of a money order made out to the delegated to the Director, Bureau of inmate’s full name and complete * * * * * Prisons in 28 CFR 0.96(o), a new part register number. Checks are to be (g) * * * returned to the sender provided the 506 is proposed to be added to 28 CFR, (3) The visiting room officer may not check contains an adequate return chapter V, subchapter A, and part 540 accept articles or gifts of any kind for an in 28 CFR, chapter V, subchapter C is address. (b) Funds received from other sources. inmate, except packages which have proposed to be amended as set forth Funds received from other sources in had prior approval by the Warden or a below. correspondence addressed to the inmate designated staff member. SUBCHAPTER AÐGENERAL (for example, tax refunds, royalties from * * * * * MANAGEMENT AND ADMINISTRATION books, dividends from stocks, state [FR Doc. 99–10207 Filed 4–22–99; 8:45 am] 1. Part 506 is added to read as follows: benefits) are to be forwarded for deposit BILLING CODE 4410±05±P

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FEDERAL TRADE COMMISSION sharing on two topics that bear directly Electricity industry groups, marketers, on the FTC’s expertise—market power suppliers and customers are invited to Public Workshop: Market Power and (e.g. evaluating and addressing attend as well. Consumer Protection Issues Involved horizontal market power concerns in The National Regulatory Research With Encouraging Competition in the generation) and consumer protection Institute (NRRI) and the National U.S. Electric Industry (e.g. disclosures by electric service Council on Competition and the Electric providers of environmental attributes of Industry (NCCEI) are co-sponsoring the AGENCY: Federal Trade Commission. power they are selling). The intent of workshop. NRRI will handle ACTION: Notice announcing the dates of the workshop is to provide a forum for registration. To ensure space, attendees workshop. discussing the experience under are encouraged to preregister by policies that have been implemented at September 3, 1999. To preregister, SUMMARY: The Federal Trade the state level, rather than attempting to contact Wendy Givler, National Commission has set September 13–14, provide all of the answers to a complex Research Regulatory Institute at The 1999 as the dates for its public set of issues that vary by region and Ohio State University, 1080 Carmack workshop examining the market power locale. The FTC anticipates that a robust Road, Columbus, Ohio 43210, telephone and consumer protection issues exchange of views and ideas among (614) 292–9106, e-mail involved with encouraging competition those working on the issues will prove [email protected]. in the U.S. electric industry. stimulating and useful as the regulatory Proposed Workshop Agenda DATES: The workshop will be held reform process moves forward. To September 13 and 14, 1999 in the facilitate discussion of how states have First Day Commission Meeting Room (Room 432), addressed these two issues, each of the Introduction Address 9 a.m. (15 600 Pennsylvania Ave., N.W., panels in the workshop will be minutes)—Representatives of the Washington, D.C. 20580. moderated by the FTC (or the U.S. sponsoring organizations (FTC, NRRI, FOR FURTHER INFORMATION CONTACT: For Department of Justice, Antitrust and NCCEI) will provide an questions about the workshop, contact: Division), so that we can gain a better introduction by establishing the Michael Wroblewski, Office of Policy understanding of the issues involved framework for the two-day workshop Planning, Federal Trade Commission, and be available as a resource. Although and providing an overview concerning 600 Pennsylvania Ave., N.W., there are many other issues that the focus of the workshop on market Washington, D.C. 20580, telephone 202– policymakers are considering in the power and consumer protection issues 326–2155, e-mail [email protected]; electric industry restructuring debate, involved as states move toward retail John C. Hilke, Bureau of Economics, discussion will focus on how states electricity competition. Federal Trade Commission, 1961 Stout have addressed market power and Street, Suite 1523, Denver, CO 80294– consumer protection concerns. Session I: Retail Competition in Pioneer 0101, telephone 303–844–3565, e-mail States Workshop Goals [email protected]; Gina Schaar Howard, Panel A: What Approaches Did Pioneer Bureau of Consumer Protection, Federal 1. Provide state regulators and state States take in Promoting Retail Trade Commission, 600 Pennsylvania attorneys general a forum in which they Electricity Competition? Ave., N.W., Washington, D.C. 20580, can describe and discuss present and telephone 202–326–2982, e-mail expected results of state regulatory (9:15 a.m.–10:00 a.m.) [email protected]; or David Balto, reform efforts in the electric power State policymakers (state Bureau of Competition, Federal Trade industry with a focus on market power commissioners or staff) from pioneer Commission, 600 Pennsylvania Ave., and consumer protection strategies to states (states active in promoting retail N.W., Washington, D.C. 20580, ensure that consumers benefit from electricity competition) will be asked to telephone 202-326–2881, e-mail regulatory reform. discuss the approach and structure each [email protected]. 2. Provide an opportunity for the state used or is using to proceed with To preregister for the workshop, Commission and the staff to gain a electricity restructuring. In order to contact Wendy Givler, National better understanding of the issues provide guidance and to share Research Regulatory Institute at The involved in the regulatory reform experiences with other states Ohio State University, 1080 Carmack process so that we can serve as a considering restructuring, each panelist Road, Columbus, Ohio 43210, telephone resource with respect to market power will be asked to provide an assessment (614) 292–9106, e-mail and consumer protection issues. of the best and worst of his/her state’s [email protected]. Registration and Participants experience, as well as describe the most SUPPLEMENTARY INFORMATION: significant decisions made in The workshop will focus on issues of restructuring the provision of electricity Retail Electricity: Promise and Progress concern to state regulators and state at the retail level Examples of the types Workshop attorneys general. State commissioners, of issues panelists might raise include: attorneys general and their staffs from • Overview The approach and process the state states active in promoting retail used to address regulatory reform and In recent years, states and the Federal electricity competition will be invited to restructuring; government have taken steps to participate as panelists as described in • Types of services (e.g., generation, encourage restructuring and the following proposed workshop metering & billing) subject to competition in the electricity industry, agenda. Suppliers, customers, public competition; including the elimination of regulatory policy and interest groups and/or • Elimination of entry barriers (e.g., barriers. The FTC recognizes these representatives from academia that have streamline of siting requirements); issues are vast and interrelated and that experience with these state efforts also • Effects on consumer choice of states could derive substantial benefit will be invited to participate as various competitive transition charges from sharing ideas and experiences in panelists. Other state commissioners, that have been implemented; and these areas. The FTC seeks to convene attorneys general and their staff are • Consumer education efforts aimed a workshop that will allow such idea encouraged and welcome to attend. at retail electricity competition.

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Break (10:00 a.m.–10:15 a.m.) • Considering alternative future Break (10:00 a.m.–10:15 a.m.) scenarios based upon different possible Panel B: Assessment of the Results to Panel B: Assessment of State Use of remedies; Date of Pioneer State Reform Efforts • Providing access to the information Affiliate Rules or Codes of Conduct (10:15 a.m.–12:00 p.m.) necessary for an appropriate analysis; (10:15 a.m.–12:00 p.m.) • Using computer simulations to Panelists representing suppliers, assess market power. Panelists representing suppliers, customers, public policy and interest customers, public policy and interest groups and/or academia will be asked to Break (3:45 p.m.–4:00 p.m.) groups and/or academia will be asked to assess the positive and negative results Session III: How Does Wholesale assess the positive and negative results of state retail electricity restructuring Competition for Generation Affect of state use of affiliate rules or codes of efforts, and the reasons therefor, with an Retail Electricity Competition? conduct with an emphasis on: emphasis on: • Effect (enhancement vs. inhibition) • (4:00 p.m.–5:30 p.m.) on competition; Types of products and services that • have been offered in the states where Panelists (federal policymakers, Consumer expectations and academics, or representatives from reactions; and retail competition has been • implemented; public policy groups) will be asked to Relationship between these rules and the offering and pricing of new/ • Percentage of industrial, discuss the links between wholesale innovative products. commercial and residential customers competition and retail competition and switching to new service providers; and whether competitive wholesale Lunch Break (12:00 p.m.–1:30 p.m.) generation electricity markets are • Electricity pricing trends for necessary for competition to emerge at Session V: Advertising and disclosures industrial, commercial and residential the retail level. The topics will include: of Environmental Attributes and Price customers in a deregulated • Consideration of regional environment. (1:30 p.m.–3:00 p.m.) transmission organizations; Lunch Break (12:00 p.m.–1:15 p.m.) • Use of new technologies Panelists (state attorneys general, (distributed generation) that facilitate commissioners, public policy and Session II: Existing Market Power in entry; interest groups, or industry consultants) Retail Markets • Congestion pricing through will be asked to discuss the trends in Panel A: How Have States Addressed locational marginal pricing and the use advertising environmental claims, Existing Market Power? of firm transmission rights; labeling requirements, and tracking • Role of North American Electric systems. FTC staff would lead off with (1:15 p.m.–2:15 p.m.) Reliability Council (NERC) and a summary of its Green Guide comment Panelists (state attorneys general, reliability monitoring; and to the National Association of Attorneys • Implications of the wholesale price General (NAAG). commissioners or staff) will be asked to • discuss how each state addressed spikes of the past year for prospective Description of existing remedies for existing market power of incumbent retail electricity competition. deceptive claims—jurisdiction (i.e., utilities, if any. Second Day attorneys general, state commissions, or both); whether these remedies are • Approaches states have taken with Session IV: Affiliate Rules or Codes of sufficient or whether new legal respect to evaluating and addressing Conduct authority is needed; need for additional concerns about horizontal market power industry guidance from regulators (e.g., (in the generation sector) of incumbent Panel A: How Have States Developed Electricity Green Guides). utilities (e.g., divestiture, ISOs). Affiliate Rules or Codes of Conduct? • Mandated disclosure of • Approaches states have taken with (9:00 a.m.–10:00 a.m.) information—current requirements; respect to evaluating and addressing Panelists (state attorneys general, effect on consumers and the market; vertical discrimination and cross- commissioners or staff) will be asked to relationship to advertising. subsidization (e.g., use of ISOs, discuss how each state has used affiliate • Verification or auditing of divestiture, codes of conduct). rules or codes of conduct to remedy company-supplied information—state Break (2:15 p.m.–2:30 p.m.) problems posed by incumbent utilities’ experience thus far. market power and to prevent deceptive • Issues with systems for tracking fuel Panel B: Assessment of State Efforts to practices. Topics of discussion will mix—cost; prevention of ‘‘double Address Existing Market Power include: counting’’ of a fuel source; (2:30 p.m.–3:45 p.m.) Types of affiliate entities created by substantiation that a product has not utilities for unregulated activities; been ‘‘double counted’’; the Western Panelists representing suppliers, • The potential for cross- states’ current views and plans on using customers, public policy and interest subsidization between a utility and its a ‘‘tradable tags’’ system. groups and/or academia will be asked to affiliates, including controls to avoid Break (3:00 p.m.–3:15 p.m.) discuss the positive and negative results cross-subsidization; of state efforts to evaluate and address • Unregulated affiliates’ use of Session VI: Supplier Practices in a existing market power, if any, held by incumbent utilities’ names/logos— Retail Environment incumbent utilities. FTC staff also will varieties of use and possibility for (3:15 p.m.–4:45 p.m.) assist in this discussion by presenting consumer confusion; and possible approaches to address and • Remedies to avoid consumer Panelists (state attorneys general, remedy market power by: deception regarding the relationship commissioners, public policy and • Applying the factors in the DOJ/ between the incumbent utility and the interest groups, or industry consultants) FTC Horizontal Merger Guidelines to affiliate—disclosures regarding the will be asked to discuss existing assess existing market power relationship versus a ban on use of the legislation/regulations on slamming/ (horizontal); utility name and logo by the affiliate. cramming issues, licensing/bonding of

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FEDERAL TRADE COMMISSION www.ftc.gov/os/actions97.htm.’’ A A microprocessor is an integrated paper copy can be obtained from the circuit that serves as the central [Docket No. 9288] FTC Public Reference Room, Room H– processing unit (or CPU) of computer Intel Corp.; Analysis To Aid Public 130, 600 Pennsylvania Avenue, NW systems. Microprocessors are sometimes Comment and Commissioner Washington, DC 20580, either in person described as the ‘‘brains’’ of computers Statements or by calling (202) 326–3627. because they perform the major data Public comment is invited. Comments processing functions essential to AGENCY: Federal Trade Commission. should be directed to: FTC/Office of the computer systems. Advance technical ACTION: Proposed consent agreement: Secretary, Room 159, 600 Pennsylvania information about new microprocessor Publication of commissioner statements. Avenue, NW, Washington, DC 20580. products is essential to Intel’s OEM Two paper copies of each comment customers, who design, develop, SUMMARY: The consent in this matter should be filed, and should be manufacture, and sell computer system settles alleged violations of federal law accompanied, if possible, by a 31⁄2-inch products such as servers, workstations, prohibiting unfair or deceptive acts or diskette containing an electronic copy of and desktop and mobile personal practices or unfair methods of the comment. Such comments or views computers. Computer design and competition. The attached Analysis of will be considered by the Commission development require the effective Proposed Consent Order to Aid Public and will be available for inspection and integration of multiple complex Comment describes both the allegations copying at its principal office in microelectronics components (including in the complaint that the Commission accordance with § 4.9(b)(6)(ii) of the microprocessors, memory components, issued in June 1998 and the terms of the Commission’s rules of practice (16 CFR core logic chips, graphics controllers, consent order—embodied in the consent 4.9(b)(6)(ii)). and various input and output devices) agreement—that would settle these into a coherent system. To achieve such allegations. This document also Analysis of Proposed Consent Order To system integration, a computer OEM contains the Statement of Chairman Aid Public Comment requires product specifications and Pitofsky and Commissioners Anthony The Federal Trade Commission has other technical information about each and Thompson, and the Statement of accepted for public comment an component, such as the electrical, Commissioner Swindle. Agreement Containing Consent Order mechanical, and thermal characteristics DATES: Comments must be received on with Intel Corporation (‘‘Intel’’) to of the microprocessor. OEMs also need or before May 24, 1999. resolve the matters charged in an advance product samples, errata, and ADDRESSES: Comments should be administrative Complaint issued by the related technical assistance in order to directed to: FTC/Office of the Secretary, Commission on June 8, 1998. The perform system testing and debugging, Room 159, 600 Pennsylvania Avenue, Agreement has been placed on the thereby assuring the high performance NW, Washington, DC 20580. public record for sixty (60) days for and reliability of new computer FOR FURTHER INFORMATION CONTACT: John receipt of comments from interested products. Intel promotes and markets its Horsley or Richard Parker, FTC/H–3105, members of the public. The Agreement microprocessors by providing customers 600 Pennsylvania Avenue, NW, is for settlement purposes only and does with technical information about new Washington, DC 20580. (202) 326–2648 not constitute an admission by Intel that or (202) 326–2574. Intel products in advance of their the law has been violated as alleged in commercial release, subject to formal SUPPLEMENTARY INFORMATION: Pursuant the Complaint or that the facts alleged nondisclosure agreements. Such to section 6(f) of the Federal Trade in the Complaint, other than information sharing has substantial Commission Act, 38 Stat. 721, 15 U.S.C. jurisdictional facts, are true. commercial benefits for Intel and its 46 and § 3.25(f) of the Commission’s I. The Complaint OEM customers. Customers benefit rules of practice (16 CFR 3.25(f)), notice because the information enables them to is hereby given that the above-captioned The Complaint alleges that Intel has develop and introduce new computer consent agreement containing a consent monopoly power in the worldwide system products incorporating the latest order to cease and desist, having been market for general purpose microprocessors as early and efficiently filed with and accepted, subject to final microprocessors. According to the as possible. Intel benefits because a approval, by the Commission, has been Complaint, Intel’s market dominance is larger group of OEMs can sell new placed on the public record for a period reflected in a market share computer systems incorporating Intel’s of sixty (60) days. The following approximating 80 percent of dollar newest microprocessors as soon as the Analysis of Proposed Consent Order to sales, together with high entry barriers new microprocessors are introduced to Aid Public Comment describes the including large sunk costs of design and the market. terms of the consent agreement, and the manufacture, substantial economies of The Complaint charges that Intel allegations in the complaint. This scale, customers’ investments in suspended its traditional commercial document also contains (1) the existing software, the need to attract relationships with three established Statement of Chairman Pitofsky and support from software developers, and customers—Digital Equipment Commissioners Anthony and reputational barriers. Corporation, Intergraph Corporation, Thompson, and (2) the Statement of The Complaint alleges that Intel and Compaq Computer Corporation—by Commissioner Swindle.1 An electronic sought to maintain its dominance by, refusing to provide advance technical copy of the full text of the consent among other things, denying advance information about, and product samples agreement package can be obtained from technical information and product of, Intel microprocessors. Intel did so, the FTC Home Page (for March 17, 1999) samples of microprocessors to Intel according to the Complaint, to force on the World Wide Web, at ‘‘http:// customers (‘‘original equipment those customers to end disputes with manufacturers’’ or ‘‘OEMs’’) and Intel concerning the customers’ asserted 1 The Analysis and other Commissioner threatening to withhold product from intellectual property rights and to grant Statements were published in the Federal Register on March 24, 1999, and the public comment period those OEMs as a means of coercing Intel licenses to patented technology began at that point. See 64 FR 14246 (March 24, those customers into licensing their developed and owned by those 1999). patented innovations to Intel. customers. In at least one of the cases,

VerDate 23-MAR-99 12:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4701 E:\FR\FM\A23AP3.186 pfrm07 PsN: 23APN4 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20135 the Complaint alleges that Intel also Intel customers may face retaliation withholding or threatening to withhold acted to create uncertainty in the from Intel, as the Complaint alleges certain advance technical information marketplace about the customer’s future Compaq did when it sued Packard-Bell from a customer or taking other source of supply of Intel for patent infringement. The result is specified actions with respect to such microprocessors. that OEMs find it more difficult to information for reasons relating to an The computer industry is differentiate their computer systems intellectual property dispute with that characterized by short, dynamic product from their competitors through patented customer. It also prohibits Intel from cycles, which are generally measured in technology. As a result, an OEM seeking refusing or threatening to refuse to sell months. Time to market is crucial. to use non-Intel microprocessors is less microprocessors to a customer for Indeed, the denial of advance product able to offset the lack of an Intel reasons related to an intellectual information is virtually tantamount to a microprocessor by the strength of its property dispute with that customer. denial of actual parts, because an OEM own reputation for offering superior This provision is designed to prevent customer lacking such information technology in other areas. For all of Intel from restricting access to simply cannot design new computer these reasons, continuation of this microprocessor products, or advance systems on a competitive schedule with pattern of conduct would likely have technical information relating to such other OEMs. An OEM who suffers injured competition by entrenching products, as leverage in an intellectual denial of such information over a period Intel’s dominant position. property dispute against a customer that of months will lose much of the profits The Complaint also alleges that Intel’s is receiving advance technical it might otherwise have earned even exclusionary conduct was not information from Intel at the time the from a successful new computer model. reasonably necessary to serve any dispute arises. The Proposed Order does Continued denial of advance technical legitimate, procompetitive purpose. not impose any kind of broad information to an OEM by a dominant Exclusionary conduct by a monopolist ‘‘compulsory licensing’’ regime upon supplier can make a customer’s very that is reasonably capable of Intel. So long as it is otherwise lawful, existence as an OEM untenable. significantly contributing to the Intel is free to decide in the first As a result of the commercial pressure maintenance of a firm’s dominance instance whether it chooses to provide exerted by Intel’s conduct, Compaq and through unjustified means has long been or not provide information to customers, Digital quickly entered into cross- understood to give rise to serious and whether to provide more license arrangements with Intel. competitive concerns. See, e.g., Lorain information or earlier information to Intergraph was able to resist that Journal Co. v. United States, 342 U.S. specific customers in furtherance of a pressure because it succeeded in 143, 154 n.7 (1951); Eastman Kodak Co. joint venture or other legitimate activity. obtaining a preliminary injunction from v. Image Technical Services, 504 U.S. Moreover, the Order is limited to the a federal district court requiring Intel to 451, 483 & n.32 (1992); Aspen Skiing types of information that Intel routinely resume and continue supplying Co. v. Aspen Highlands Skiing Co., 472 gives to customers to enable them to use Intergraph with advance product U.S. 585, 596 n.19 (1985); United States Intel microprocessors, not information information, part samples, and other v. Grinnell Corp., 384 U.S. 563, 570–71 that would be used to design or technical support pending a judicial (1966); Barry Wright Corp. v. ITT manufacture microprocessors in resolution on the merits of the claims in Grinnell Corp., 724 F.2d 227, 230 (1st competition with Intel. the lawsuit. Cir. 1983) (Breyer, J.) (citing 3 P. Areeda In short, Paragraph II.A. secures to The alleged conduct tends to reinforce & D. Turner, Antitrust Law, ¶ 626 at 83 Intel customers the right to seek full and Intel’s domination of the general (1978)). fair value for their intellectual property, purpose microprocessor market in at Such conduct harms consumers, not free from the risk of curtailment of least three ways. First, the alleged only because competition brings lower needed advance technical information conduct tends to give Intel preferential prices, but also because competition is or product. With one exception, Intel access to a wide range of technologies a powerful spur to the development of will be required to continue providing being developed by many other firms in new, better, and more diverse products information and product while the the industry. To the extent that firms and processes. Unjustified conduct by a customer seeks any of a range of legal desiring to compete with Intel are monopolist that removes the incentive and equitable remedies available to it, unable to obtain comparable access to to such competition by depriving such as damages (trebled or otherwise such a wide range of technology, they innovators of their reward or otherwise increased in appropriate cases), can be seriously disadvantaged, thus tilting the playing field against new reasonable royalties, and attorneys fees making it more difficult for them to entrants or fringe competitors thus has and costs. These remedies will generally challenge Intel’s dominance. Second, a direct and substantial impact upon be sufficient to protect the customer in because patent rights are an important future consumers. its exercise of its intellectual property means of promoting innovation, In the absence of a legitimate business rights. coercion that forces customers to license justification that outweighs these The exception involves situations away rights to microprocessor-related concerns, such conduct constitutes a where a customer maintains the right to technologies on unfavorable terms tends violation of Section 2 of the Sherman seek an injunction against Intel’s to diminish the customers’ incentives to Act, 15 U.S.C. 2, and therefore Section manufacture, use, sale, offer to sell or develop such technologies, and thus 5 of the Federal Trade Commission Act, importation of its microprocessors. The harms competition by reducing 15 U.S.C. 45. In issuing the Complaint, Order contemplates that Intel may innovation. Finally, Intel’s conduct the Commission found reason to believe request a customer to waive that remedy tends to make it more difficult for an that such a violation had occurred. and give the customer a reasonable OEM to serve as a platform for opportunity to make a simple written microprocessors that compete with II. Terms of the Proposed Consent statement to that effect. If the customer Intel’s. Intel’s actions ensure that Intel Order refuses, Intel will not be required by this can act as a conduit for technology The Proposed Order would remedy all Order to continue providing information flows from one OEM to another. That is, of the concerns embodied in the or product with respect to the an OEM that seeks to enforce its Complaint. The substantive prohibition, microprocessors that the customer is intellectual property rights against other Section II.A., prohibits Intel from seeking to enjoin.

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This part of the Order strikes an intellectual property dispute. For frequently visit that area of Intel’s appropriate balance, on a prospective example, Intel retains the right to Website in order to receive information basis, between the interests of Intel and withhold information from a customer needed in their business, a notice its customers. If a customer chooses to that has breached an agreement displayed at that location will ensure seek an injunction against Intel’s regarding the disclosure or use of the notice to all affected persons. After the microprocessors, it cannot, under the information. initial thirty day period, Intel will provisions of this Order, be assured of • Paragraph B.4. provides that the maintain a link from the ‘‘developers’’ continuing to receive advance technical Proposed Order does not require Intel to page to the Order, so that new information about the very same provide AT Information or customers will also have access to the microprocessors that it is attempting to microprocessors to facilitate the design Order. The other provisions of these enjoin. If an Intel customer nevertheless or development of a type of system that paragraphs are standard provisions of wishes to seek injunctive relief against the customer has not designed or the type typically included in Intel’s manufacture, use, sale, offer to developed or demonstrated plans to Commission orders of this kind. sell or importation, it remains free to do design or develop within the preceding so, but without the protections in this year. III. Opportunity for Public Comment Order. In all other circumstances, Intel • Paragraph B.5. makes clear that the The Proposed Order has been placed is required to continue supplying Proposed Order does not prohibit Intel on the public record for 60 days in order technical information and product from restricting the use of AT to receive comments from interested under the Proposed Order. Information to the customer’s design persons. Comments received during this The Proposed Order contains a and development of computer systems period will become part of the public number of other definitions and that incorporate the microprocessor to record. After 60 days, the Commission provisos to ensure that it will achieve its which the AT Information pertains. For will again review the Agreement and purposes while not sweeping more example, if a recipient of AT comments received, and will decide broadly than needed to remedy the Information is in the business of whether it should withdraw from the competitive concerns alleged in the designing competing microprocessors, Agreement or make final the Order Complaint: the Proposed Order would not prevent contained in the Agreement. • ‘‘Advance Technical Information’’ Intel from using reasonable firewall By accepting the Proposed Order (or ‘‘AT Information’’) is defined in provisions to prevent that recipient from subject to final approval, the Paragraph I.C. to encompass all using the information in that competing Commission anticipates that the information necessary to enable a business. • competitive issues described in the customer to design and develop, in a Paragraph B.6. provides that the complaint will be resolved. The purpose timely way, computer systems Proposed Order does not require Intel to of this analysis is to invite and facilitate incorporating Intel microprocessors. disclose information or supply public comment concerning the The Proposed Order establishes a microprocessors that are not otherwise Proposed Order. It is not intended to rebuttable presumption that the available for disclosure or supply to constitute an official interpretation of provision of AT information six months Intel’s customers. If the information or the Agreement and Proposed Order or in before the commercial release date of a product is not being provided to other any way to modify their terms. microprocessor is sufficient to enable customers, then the refusal to provide it the customer to design and develop new to a customer with which Intel has an By direction of the Commission. systems based on that microprocessor in intellectual property dispute does not Donald S. Clark, a competitive and timely way. AT provide the kind of leverage that the Secretary. Information does not include detailed challenged conduct provides. Statement of Chairman Robert Pitofsky • Paragraph B.7. makes clear that, microprocessor design information or and Commissioners Sheila F. Anthony apart from the specific requirements and other information not generally and Mozelle W. Thompson provided to Intel’s customers. prohibitions, the Proposed Order does • ‘‘Intellectual Property Dispute’’ is not otherwise limit Intel’s intellectual In the Matter of Intel Corporation defined in Paragraph I.D. to include not property rights. Docket No. 9288 only situations in which a customer In light of the rapidly changing nature directly or indirectly asserts or threatens of the industry, Intel’s obligations under We join our colleague Commissioner to assert patent, copyright or trade secret the Proposed Order would terminate in Swindle in welcoming comments rights against Intel, but also to situations ten years. The Commission appreciates during the public comment period. To in which a customer asserts such rights that this same industry dynamic makes facilitate that comment, we briefly against another Intel customer, or where it important for it to address disputes recapitulate the precedent, legal and a customer has refused a request by Intel over Intel’s compliance with the Order economic reasoning, and judgment that to license or otherwise convey its expeditiously, should any such disputes led us to accept the settlement for intellectual property rights. arise. public comment. • Paragraph II.B.1. states that the Parts III, IV, and V of the Proposed The Complaint alleged that Intel has Proposed Order does not prohibit Intel Order set out various procedural monopoly power in the worldwide from seeking legal or equitable remedies requirements, such as notice to affected market for general purpose based upon its own intellectual persons and annual compliance microprocessors, and that it sought to property, provided that it continues to reporting. Paragraph III.A. permits Intel maintain that monopoly power by supply AT Information to the customer. to provide notice of the Order to coercing customers into licensing to it • Paragraph B.2. and B.3. make clear recipients of AT Information through a certain patented innovations. Intel that the Proposed Order does not conspicuous notice placed, for thirty carried out this coercion, according to prohibit Intel from withholding AT days after final entry of the Order, as the the Complaint, by refusing to provide Information or making decisions about first item on the ‘‘In the News’’ portion advance technical information about product supply based on otherwise of the ‘‘developers’’ page of Intel’s Intel microprocessors, withholding lawful business considerations World-Wide Web site. Because product samples, and creating unrelated to the existence of the recipients of AT Information must uncertainty in the marketplace about the

VerDate 23-MAR-99 12:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.187 pfrm07 PsN: 23APN4 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20137 customer’s future source of supply. Some have also questioned the innovation that benefits both industry Advance technical information about practicalities of enforcing the order. But and consumers. new microprocessor products is courts weigh facts and circumstances Statement of Commissioner Orson essential to Intel’s customers, so it is and make determinations about the Swindle alleged, because one cannot achieve the purposes motivating challenged conduct effective integration of components such every day, both within and outside the In the Matter of Intel Corporation as microprocessors, memory antitrust field. Certainly the order could Docket No. 9288 components, core logic chips, graphics have been made more certain in its controllers, and various input and application by, for example, requiring When the Commission accepted the output devices without information Intel to deal with all comers on identical consent agreement with Intel such as the electrical, mechanical, and terms, regardless of circumstances or the Corporation last month, I said that I thermal characteristics of the credit-worthiness or other would take the opportunity to express microprocessor. characteristics of would-be customers. my views about it following my medical The conduct is alleged to reinforce Such an order would have been far more leave. In this statement I will address Intel’s domination of the general burdensome on Intel and would have issues arising from both the consent purpose microprocessor market in at deterred a wide range of efficient agreement and the administrative least three ways. First, the conduct gives conduct. Both the Commission and a complaint, from whose issuance I Intel preferential access to the respondent share a common interest in dissented last June. Since we do not technologies of other firms. To the an order that is well-tailored to the have the benefit of a trial record here 1— extent that competitors cannot obtain violation and to the competitive and because the information in hand comparable access to technology, it circumstances—even, sometimes, at the does not allay the misgivings I have had would be more difficult for them to expense of bright-line clarity. since the outset—I hope that public challenge Intel’s dominance. Second, In short, in welcoming public comment on the consent agreement will coercion that forces customers to license comments on the proposed order, we provide helpful guidance on how to away patent rights on unfavorable terms remain of the view that Complaint vote once the agreement comes off the tends to diminish the incentives to Counsel and Intel have done a public record. develop such technologies. Finally, a commendable job of crafting a remedy In essence, the complaint consists of computer maker’s inability to enforce its that addresses serious potential an allegation that Intel has monopoly patent rights makes it more difficult to competitive harm without significantly power in general-purpose develop and maintain a brand name microprocessors (complaint ¶¶ 4–10, hindering Intel’s legitimate business 2 based on superior technology, because activity. Moreover, this important 38 ); an allegation that Intel engaged in the patent owner is forced to share its balance supports the climate of exclusionary conduct toward several technology with all computer makers. In customers by cutting off key technical turn, a weakened brand identification information and microprocessor that Intel’s share had grown, not shrunk, and was tends to make it more difficult for that in the range of 80% or more. (CCBr. at 9 n.6.) prototypes in order to coerce those computer manufacturer to find Complaint Counsel also represented that it would customers to license certain of their consumer acceptance for computers prove the existence of formidable barriers to entry intellectual property to Intel (¶¶ 11–37, using non-Intel microprocessors. and expansion—including large sunk costs, long 39); and concluding allegations that, development lead times, economies of scale, These are allegations, not proven network effects, intellectual property rights, and through its exclusionary behavior, Intel facts, and Intel would have had a full reputational barriers. (CCBr. at 15.) has both illegally maintained its opportunity to respond to these As to whether Intel’s actions affected actions monopoly power in general-purpose allegations had there been a trial. But taken against customers rather than competitors, microprocessors and attempted to the allegations are consistent with our these customers had microprocessor or related technology that Intel, the alleged monopolist, monopolize current and future knowledge of the industry and with desired. Moreover, the Supreme Court has generations of such microprocessors, in common sense, and the proposed repeatedly condemned both monopolists and violation of Section 5 of the FTC Act remedy is consistent with both of those cartels that strike at their customers in order to (¶¶ 40–42). as well as with Intel’s representations as injure competitors. See, e.g., Lorain Journal Co. v. In the first place, there is no doubt United States, 342 U.S. 143 (191); Blue Shield v. to its own legitimate business needs. McCready, 457 U.S. 465 (1982). that Intel has long bestrode the market Some have raised questions about a As to the customers in question being ‘‘litigious,’’ for general-purpose microprocessors, few of the factual predicates of the case. one could alternatively characterize the customers but there has also been reason to ask But those questions are of a type that as firms attempting to resist inappropriate demands whether Intel’s position in the market is to turn over their constitutionally-derived patent one would litigate at trial, not use as a rights. If monopoly power could be used to force as unassailable as the complaint basis to reject a settlement. It is in the an end to litigation, in such a Hobbesian world the suggests. It is widely recognized that nature of any settlement before trial that strong would always vanquish the weak, regardless Intel is facing vigorous competition in the facts are not fully known. Were we of he underlying merits. Such an outcome is the supplying microprocessors to the antithesis of civil society. Nor would forbidding to demand certainty, no case could ever such conduct necessarily condemn parties to segment consisting of personal be settled. Complaint Counsel would lengthy an expensive litigation. Non-monopolists computers costing less than $1000—a have had an opportunity to present its settle disputes all the time, even though they do not segment toward which a good deal of evidence with respect to each of the have the powerful weapon of monopoly power to consumer demand appears to have been points that we have heard raised, and its wield. shifting lately. Although Intel has not 1 As to whether Intel’s conduct harmed consumer pretrial brief promised to do so. welfare, Compliant Counsel acknowledged the burden of proving that Intel engaged in ‘‘conduct, 1 Were we considering this matter at the 1 As to monopoly power, Complaint Counsel said other than competition on the merits or restraints conclusion of an adjudicative proceeding, I would it would offer evidence that the sub-$1000 segment reasonably ‘necessary’ to competition on the merits, of course base my analysis strictly on information was a small and relatively unprofitable portion of that reasonably appear[s] capable of making a in the adjudicative record. In the absence of such the market (CCBr. at 13), and that at the high-end, significant contribution to creating or maintaining a record, I am compelled to rely on other sources many computer manufacturers have been monopoly power.’’ CCBr. at 5–6, quoting Barry of information. abandoning their proprietary microprocessor Wright Corp. v. ITT Grinnell Corp., 724 F.2d 227, 2 Unless otherwise indicated, all further citations designs in favor of Intel’s (CCBr. at 11–12). In the 230 (1st Dir. 1983) (Breyer, J.) (quoting 3 P. Areeda to paragraph numbers refer to the administrative market as a whole, Complaint Counsel contended & D. Turner, Antitrust Law ¶ 626 at 83 (1978). complaint.

VerDate 23-MAR-99 12:48 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\A23AP3.189 pfrm07 PsN: 23APN4 20138 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices faced challenges of the same magnitude prototypes to Digital Equipment, and assuredly do not subscribe. On the other in the midrange and high-end segments demanded the return of information and hand, if the complaint was meant to tell of the business, some have also prototypes already in Digital’s a narrower, more traditional antitrust questioned the durability of the firm’s possession, after Digital sued Intel for story based on harm to competition and dominance of those segments as well. In patent infringement (¶¶ 18–19). Intel consumers—in this case, harm to the absence of a full-blown adjudicative took similar actions against Intergraph, innovation in a high-technology record that might have proved what a customer focused largely on industry—I remain unsure whether even Paragraph 38 alleges, available workstations and servers, after that more modest edifice can rest on information has not dispelled my Intergraph spurned Intel’s demand for a Intel’s decision to withdraw assistance questions about whether Intel has royalty-free license to certain Intergraph from a handful of customers who were monopoly power—as opposed to just an microprocessor-related technology litigious or otherwise flouted Intel’s extremely large market share—in (¶¶ 26–29). Finally, Intel cut off wishes.5 general-purpose microprocessors.3 technical information to Compaq Before I turn to the order, I wish to Second, even if one were to assume Computer, which had earlier sued address one other consideration Intel’s monopoly power, I have Packard Bell Electronics on the theory concerning issuance of the complaint misgivings about the theory of violation that certain Packard Bell computer against Intel. Regardless of how one underlying the complaint. The systems used Intel microprocessors that characterizes the dealings between Intel complaint claims that Intel took action infringed Compaq’s patents—a lawsuit and its three customers—i.e., regardless against three customers—firms whose in which Intel felt an obligation to of whether one accepts the complaint’s primary significance to the case, intervene on behalf of the defendant claim that Intel used its monopoly according to the Commission’s own (¶¶ 34–35). According to the complaint, power to unfairly gain access to documentation, lies in their being Intel’s purpose in taking these actions intellectual property developed by those manufacturers of PCs, not in their being was to ‘‘forc[e] those customers to grant customers—I do not believe that the competitors of Intel in the Intel licenses to microprocessor-related complaint spells out an especially 4 microprocessor market. What action technology developed and owned by coherent theory of how those dealings did Intel take against those customers, those customers’ (¶ 13). The alleged harmed consumers. Consumer welfare is and for what reasons? effects of Intel’s behavior were ‘‘to the touchstone of antitrust enforcement, The Commission’s complaint says diminish the incentives of those three and the ‘‘public interest’’ standard of that Intel cut off the supply of technical Intel customers—as well as other firms Section 5 of the FTC Act embodies information and microprocessor that are Intel customers or otherwise considerations of consumer welfare. In the absence of clear evidence of how 3 commercially dependent upon Intel—to In their statement, my fellow Commissioners— develop new innovations relating to Intel’s dealings with Digital, Intergraph, citing complaint counsel’s pretrial brief as and Compaq could have adversely support—assert that ‘‘Compliant Counsel said it microprocessor technology’’ (¶ 14) and would offer evidence that the sub-$1000 segment to ‘‘entrench[] [Intel’s] monopoly power affected consumers, one can question was a small and relatively unprofitable portion of in the current generation of general- the very basis for issuing this the market * * * and that at the high-end, many purpose microprocessors and reduce[] complaint—and for injecting a computer manufacturers have been abandoning government agency into the dynamic their proprietary microprocessor designs in favor of competition to develop new Intel’s * * * Moreover, according to my colleagues, microprocessor technology and future workings of a fast-moving, high- 6 ‘‘[i]n the market as a whole, Compliant Counsel generations of microprocessor products’ technology industry. I look forward to contended that Intel’s share had grown, not shrunk, any public comments that deal with the and was in the range of 80% or more.’’ Statement (¶ 39). of Chairman Robert Pitofsky and Commissioners likely harm to consumers stemming At this point I do not have sufficient from the misconduct alleged in the Sheila F. Anthony and Mozelle W. Thompson at 2 information to be confident that n.1. I do not disagree that these propositions that Commission’s complaint. complaint counsel aimed to establish. My point is complaint counsel would have proved Regarding the proposed order itself, simply that I have not yet been persuaded by the these rather dramatic charges. My vote some observers have characterized it as evidence in the Commission’s possession—as against pursuing the case last June, distinguished from complaint counsel’s representations and contentions—that Intel especially as regards Intel’s conduct 5 My colleagues characterize Intel’s conduct as possesses monopoly power in the relevant market. toward Digital and Compaq, rested in ‘‘coercion that forces customers to license away 4 Of course, both Digital (the developer of the part on my sense that the Commission patent rights on unfavorable terms’’ (Statement of Alpha microprocessor) and Intergraph (which had not sufficiently considered the Chairman Pitofsky and Commissioners Anthony developed the Clipper chip prior to 1993) were not and Thompson, supra n.3, at 1), which begs the only Intel’s customers but also—at least to the grounds on which even a putative important question whether Intel was truly engaged extent that they were able to chisel away at Intel’s monopolist is entitled to withhold aid in such coercion or was instead defending against alleged monopoly—its competitors in the and comfort from another company that attacks by its alleged victims. Regarding my doubts microprocessor market. The Commission’s threatens serious harm by suing it or about whether Intel’s alleged conduct (and its complaint, however, is couched almost entirely in anticompetitive effects) could have been proved, terms of Intel’s allegedly anticompetitive behavior suing a third party on whose behalf the my colleagues state that these allegations ‘‘are toward three victims that needed Intel technical monopolist is obligated to intervene. It consistent with our knowledge of the industry and information and prototypes so that they could build was my judgment then, and it remains with common sense * * *’’ Id. It bears repeating computers. And although press releases do not so now, that one could plausibly view that my concerns arise from the state of the necessarily reflect the official views of the evidence underlying the Commission’s allegations. Commission (in the sense that the complaint does), Intel’s conduct in precisely such an I take little comfort from—indeed, I am not sure I both the June 8, 1998, FTC press release that exculpatory light. If the Commission fully understand—the notion that monopolization announced the issuance of this complaint as well intended to broadcast some kind of allegations are ‘‘consistent with our knowledge of as the March 17, 1999, release announcing the general admonition that a monopolist in the industry and with common sense.’’ I do not— Commission’s acceptance of this consent agreement as my colleagues suggest (id.)—’’demand certainty’’ spoke almost entirely in terms of Intel’s conduct these circumstances cannot resort to about the facts at issue, but I do look to the strength toward its customers. Even if Digital and Intergraph ‘‘self-help’’ (by, e.g., withdrawing and of the evidence rather than to what a litigant’s can be characterized as Intel’s present or erstwhile withholding technical information and pretrial brief might promise to deliver (id. at 2). competitors—thereby giving this matter more of the prototypes) but must instead hire 6 I note that to the extent this case is depicted as character of a traditional monopolization case—the involving harm to Intel’s competitors (rather than Commission has consistently placed far greater lawyers and take its disputes through to its customers), that would tend to attenuate emphasis on the supplier/customer relationship lengthy and expensive litigation, then further any theory that Intel’s conduct threatened between Intel and its alleged victims. that is a message to which I most harm to consumers.

VerDate 23-MAR-99 16:38 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\23APN4.XXX pfrm02 PsN: 23APN4 Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Notices 20139 having achieved whatever objective motivate Intel’s future decisions proceedings if Intel is ever suspected of prompted the Commission’s suit against whether to furnish technical violating it.8 Intel. I am not so sure, in part because information and microprocessor I end where I began—searching for of my uncertainty (discussed earlier) prototypes to customers, it is extremely information to help me decide whether over what message the complaint was doubtful that Intel is going to create any I now have reason to believe that Intel meant to communicate and in part kind of record that will enable the violated the law and, if so, whether I because of the very terms of the order. Commission to ascertain whether such a can support this consent order. I In fact, given my reservations about the decision is ‘‘for reasons related to’’ or genuinely look forward to receiving merits of the complaint, I would be ‘‘base[d] * * * upon’’ the one ground public comments both supportive and more concerned about the order— made impermissible by the order—an critical of the settlement and the comprising a difficult-to-enforce intellectual property dispute. underlying theory of violation. I hope mandate to ‘‘sin no more,’’ with a major Exacerbating the impact of Paragraph that the considerations spelled out in proviso and some significant this statement will be helpful to those II.A’s subjective language are two exceptions—if it seemed likely to preparing to submit comments to the further paragraphs that allow Intel to impose real and significant restrictions Commission. on Intel. withhold advance technical information I expect the proposed order to present from customers (order ¶ II.B.2) or make [FR Doc. 99–10252 Filed 4–22–99; 8:45 am] possible enforcement difficulties product supply decisions (order ¶ II.B.3) BILLING CODE 6750±01±P because, among other things, its basic based on ‘‘business considerations prohibition (order ¶ II.A) commands unrelated to the existence of the 8 Presumably in response to my point about the Intel not to take certain adverse actions difficulty of order enforcement in this case, my [Intellectual Property] Dispute’’—further fellow Commissioners note that ‘‘[c]ertainly the against microprocessor customers with verbiage that appears to make order order could have been made more certain in its regard to ‘‘Advance Technical enforceability hinge on difficult application by, for example, requiring Intel to deal Information’’ ‘‘for reasons related to an inquiries into the state of mind of Intel with all comers on identical terms, regardless of Intellectual Property Dispute’’ 7 and not decision makers. I hope that my circumstances or the credit-worthiness or other to ‘‘base[ ] any supply decisions for pessimism is unwarranted, but the key characteristics of would-be customers.’’ Statement general purpose microprocessors upon of Chairman Pitofsky and Commissioners Anthony terms of the order seem destined to and Thompson, supra n. 3, at 2. There is nothing the existence of an [Intellectual enmesh the Commission in expensive, Property] Dispute.’’ No matter what may in my statement to suggest that I would favor an and perhaps intractable, enforcement order drafted along such rigid, mechanical lines. My point was that, in its current form, the order 7 All italics in this paragraph are added. against Intel could present formidable enforcement problems.

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8 CFR 16340, 16341, 16342, 16343, 31...... 19711 890...... 18329 103...... 17943 16344, 17219, 17934, 18563, 202...... 19450 900...... 18331 19255, 19257, 19258, 19259, 232...... 19469 Proposed Rules: Proposed Rules: 19260, 19261, 19262, 19263, 240...... 19450 2...... 17128 1...... 15944 19265, 19266, 19267, 19268, 242...... 19450 101...... 15948, 17295 9 CFR 19885, 19886 249...... 19450 310...... 17985 91...... 15912 270...... 19469 1...... 15918 1308...... 17298, 93...... 17439 274...... 19469 17299 3...... 15918, 19251 95...... 18563 275...... 15680 391...... 19865 97 ...... 17277, 17526, 17528, 279...... 15680 22 CFR Proposed Rules: 19697 Proposed Rules: Ch. II ...... 15685 72...... 17573 401...... 19586 1...... 17439 Ch. VI...... 15686 93...... 16655 411...... 19586 5...... 19730 50...... 19713 201...... 15938 413...... 19586 200...... 19732 51...... 19713 10 CFR 415...... 19586 230...... 18481 121...... 17531 417...... 19586 240...... 18393, 18481 123...... 17531 2...... 15636, 15920 1214...... 19886 270...... 18481 124...... 17531 10...... 15636 Proposed Rules: 126...... 17531 11...... 15636 39 ...... 16364, 16366, 16656, 18 CFR 171...... 18808 25...... 15636 17130, 18382, 18384, 18386, 1b...... 17087 201...... 17535 40...... 17506 18835, 18840, 18842, 18845, 284...... 17276 514...... 17975, 17976 50...... 17944, 17947 19096, 19726, 19930, 19932, 343...... 17087 Proposed Rules: 55...... 19868 19934, 19936, 19938, 19940, 385...... 17087 514...... 17988 72...... 17510 19942 23 CFR 73...... 17947 65...... 18302 19 CFR 95...... 15636 71 ...... 15708, 16024, 16368, 10...... 16345 1327...... 19269 Proposed Rules: 16369, 16370, 16371, 17133, 12...... 17529 Proposed Rules: 30...... 18833 17717, 17983, 17984, 18392, 18...... 16345 777...... 16870 39...... 19089 18481, 18584, 19310, 19312, 113...... 16345 24 CFR 40...... 18833 19313, 19314, 19316, 19317, 122...... 18566 70...... 18833 19728 178...... 16635, 16345 100...... 16324 170...... 15876, 18835 91...... 17293, 18302 192...... 16635 103...... 18538 171...... 15876, 18835 105...... 18302 Proposed Rules: 203...... 19895 108...... 19220 204...... 19895 12 CFR 4...... 19508 119...... 16298, 18302 19...... 16865 Proposed Rules: 3...... 19034 121...... 16298, 18766 146...... 15873 990...... 17301 208...... 19034 125...... 18766 159...... 19508 25 CFR 213...... 16612 129...... 16298 225...... 19034 135 ...... 16298, 17293, 18766 20 CFR 61...... 19896 226...... 16614 145...... 18766 404...... 17100, 18566 291...... 17535 325...... 19034 183...... 16298 416...... 18566 Proposed Rules: 330...... 15653 400...... 19626 652...... 18662 Ch. I ...... 18585 611...... 16617 401...... 19626 660...... 18662 151...... 17574 620...... 16617 404...... 19626 661...... 18662 26 CFR 701...... 19441 405...... 19626 662...... 18662 745...... 19685 406...... 19626 663...... 18662 1...... 15686, 15687 790...... 17085 413...... 19626 664...... 18662 7...... 15687 935...... 16618, 16788 415...... 19626 665...... 18662 31...... 15687 Proposed Rules: 431...... 19626 666...... 18662 301...... 16640, 17279 933...... 16792 433...... 19626 667...... 18662 602 ...... 15687, 15688, 15873, 934...... 16792 435...... 19626 668...... 18662 17279 935...... 16792 669...... 18662 Proposed Rules: 15 CFR 1750...... 18084 670...... 18662 1...... 16372 738...... 17968 671...... 18662 301...... 19217 13 CFR 740...... 17968 115...... 18324 742...... 17968 21 CFR 27 CFR Proposed Rules: 748...... 17968 26...... 16347 178...... 17291 107...... 18375 762...... 17968 184...... 19887 Proposed Rules: 120...... 15942 774...... 17968 201...... 18571 4...... 17588 121...... 15708 Proposed Rules: 312...... 19269 5...... 17588 922...... 19945 330...... 18571 7...... 17588 14 CFR 331...... 18571 13...... 19443 16 CFR 341...... 18571 28 CFR 39 ...... 15657, 15659, 15661, 239...... 19700 346...... 18571 16...... 17977 15669, 15920, 16339, 16621, 700...... 19700 355...... 18571 31...... 19674 16624, 16625, 16801, 16803, 701...... 19700 358...... 18571 70...... 19898 16805, 16808, 16810, 17086, 702...... 19700 369...... 18571 77...... 19273 17512, 17514, 17522, 17524, 703...... 19700 510...... 15683, 18571 504...... 17270 17947, 17949, 17951, 17954, Proposed Rules: 520 ...... 15683, 15684, 18571, Proposed Rules: 17956, 17950, 17961, 17962, 241...... 18081 18572 65...... 17128 17964, 17966, 18324, 18802, 256...... 18081 522 ...... 15683, 15685, 18573 90...... 20090 18804, 18806, 19254, 19689, 259...... 19729 556...... 18573 506...... 20126 19691, 19693, 19695, 19879, 558...... 15683, 18574 540...... 20126 19881, 19883 17 CFR 701...... 18571 71 ...... 15673, 15674, 15675, 1...... 19711 874...... 18327 29 CFR 15676, 15678, 15679, 16024, 5...... 19711 882...... 18327 1926...... 18809

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4044...... 18575 39 CFR Proposed Rules: 722...... 18481 Proposed Rules: 20...... 19039 67...... 17598 731...... 16647 1...... 17442 732...... 18481 111...... 16814, 17102 45 CFR 5...... 17442 752...... 16647, 18481 1625...... 19952 40 CFR 260...... 17720 909...... 16649 261...... 17720 970...... 16649 30 CFR 50...... 19717 52 ...... 15688, 15922, 17102, 262...... 17720 1333...... 16651 920...... 17978 17545, 17548, 17551, 17982, 263...... 17720 1533...... 17109 935...... 17980 18815, 18816, 18818, 18821, 264...... 17720 1552...... 17109 Proposed Rules: 19277, 19281, 19283, 19286, 265...... 17720 1802...... 19925 46...... 18498, 18528 19910, 19913, 19916 283...... 18484 1804...... 19925 48...... 18498 62 ...... 17219, 19290, 19919 1224...... 19293 1812...... 19925 204...... 19739 63 ...... 17460, 17555, 18824, 1611...... 17108, 18372 1832...... 18372 2508...... 19293 206...... 15949, 17990 19719, 19922 1842...... 19928 250...... 19318 81...... 17551 Proposed Rules: 1852...... 19925 700...... 18585 90...... 16526 1635...... 16383 1853...... 19925 740...... 18585 2522...... 17302 180 ...... 16840, 16843, 16850, 1871...... 19925 746...... 18585 16856, 17565, 18333, 18339, 2525...... 17302 750...... 18585 2526...... 17302 Proposed Rules: 18346, 18351, 18357, 18359, 1833...... 17603 934...... 18586 18360, 18367, 18369, 19042, 2527...... 17302 935...... 18857 19050, 19484, 19489, 19493 2528...... 17302 948...... 19327 185...... 19489 2529...... 17302 49 CFR 186...... 19493 31 CFR 46 CFR 195...... 15926 257...... 19494 244...... 19512 210...... 17472 32...... 18576 261...... 16643 533...... 16860 32 CFR 271...... 19925 Proposed Rules: 571...... 16358 300...... 15926, 16351 10...... 15709 812...... 17101 581...... 16359 15...... 15709 863...... 17545 Proposed Rules: 1106...... 19512 50...... 19740 24...... 15709 Proposed Rules: 33 CFR 52 ...... 15711, 15949, 16659, 25...... 15709 107...... 18786 17136, 17589, 17592, 17593, 26...... 15709 100 ...... 16348, 16812, 16813, 171...... 16882 17990, 18858, 18860, 18861, 28...... 15709 19715 177...... 16882 18862, 19097, 19330, 19331, 70...... 15709 117 ...... 16350, 16641, 17101, 178...... 16882 19332, 19957 169...... 15709 18576 180...... 16882 155...... 18576 62...... 19333, 19958 175...... 15709 63...... 17465, 18862 192...... 16882, 16885 165 ...... 16348, 16641, 16642, 47 CFR 70...... 16659 195...... 16882, 16885 17439, 18577, 18810, 18814 571...... 19106, 19740 187...... 19039 81...... 17593, 18864 1...... 19057 572...... 19742 334...... 18580 82...... 16373 42...... 19722 112...... 17227 43...... 19057 578...... 16690 Proposed Rules: 611...... 17062 100...... 18587 152...... 19958 63...... 19057 117...... 17134 174...... 19958 69...... 16353 154...... 17222 180 ...... 16874, 19958, 19961 73 ...... 17108, 19067, 19299, 50 CFR 185...... 16874, 19961 19498 175...... 15709 17 ...... 15691, 17110, 19300 186...... 16874, 19961 74...... 19498 177...... 15709 229...... 17292 179...... 15709 194...... 18870 Proposed Rules: 271...... 19968 0...... 16388 600...... 16862 181...... 15709 648 ...... 15704, 16361, 16362, 183...... 15709 300...... 17593, 19968 1...... 16661 2...... 16687 18582, 19503 34 CFR 41 CFR 25...... 16880, 16687 660 ...... 16862, 17125, 19067 679 ...... 16361, 16362, 16654, 682...... 18974 Ch. 301...... 16352, 18581 69...... 16389 60-250...... 15690 73 ...... 15712, 15713, 15714, 17126, 18373, 19069, 19507 36 CFR 60-999...... 15690 15715, 16388, 16396, 17137, 697...... 19069 7...... 19480 302-11 ...... 17105, 18659 17138, 17139, 17140, 17141, Proposed Rules: 1254...... 19899 17142, 17143, 18596, 18871, 17 ...... 16397, 16890, 18596, 43 CFR Proposed Rules: 18872, 18873 19108, 19333 1...... 17293 Proposed Rules: 76...... 16388 20...... 17308 2...... 17293 3100...... 17598 32...... 17992 3...... 17293 3106...... 17598 48 CFR 223...... 16396, 16397 4...... 17293 3130...... 17598 231...... 18827 224...... 16397 5...... 17293 3160...... 17598 232...... 18828 226...... 16397 6...... 17293 235...... 18829 600 ...... 16414, 18394, 19111 7...... 17293 44 CFR 252...... 18828 622...... 18395 65...... 17567, 17569 701...... 16647 648 ...... 16417, 16891, 18394, 38 CFR 67...... 17571 703...... 16647 19111 36...... 19906 206...... 19496 715...... 16647, 19217 679...... 19113

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REMINDERS promulgation; various NATIONAL AERONAUTICS AGRICULTURE The items in this list were States: AND SPACE DEPARTMENT editorially compiled as an aid Illinois; published 2-22-99 ADMINISTRATION Animal and Plant Health to Federal Register users. New Jersey; published 4-23- Acquisition regulations: Inspection Service Inclusion or exclusion from 99 Contracting officer's Animal welfare: this list has no legal Clean Air Act: technical representative Marine mammals; humane significance. training; published 4-23-99 State operating permits handling, care, treatment, MidRange Procedures; programsÐ and transportation; changes; published 4-23- comments due by 4-26- Wyoming; published 2-22- RULES GOING INTO 99 99; published 2-23-99 EFFECT APRIL 23, 1999 99 Space shuttle: Exportation and importation of FEDERAL Small self-contained animals and animal AGRICULTURE COMMUNICATIONS payloads use; regulation products: DEPARTMENT COMMISSION removed; published 4-23- Pork and pork products Farm Service Agency Common carrier services: 99 from Sonora and Yucatan, Program regulations: Computer III further remand Small, self-contained Mexico; importation; Servicing and collectionsÐ proceedings; Bell payloads by domestic comments due by 4-26- educational institutions; Suspension of collection Operating Co. enhanced 99; published 2-23-99 services provision; special policy; regulation of recapture amount for AGRICULTURE Computer III and Open removed; published 4-23- borrowers with shared 99 DEPARTMENT appreciation Network Architecture safeguards, etc.; TRANSPORTATION Food Safety and Inspection agreements; published Service 4-23-99 published 3-24-99 DEPARTMENT HEALTH AND HUMAN Coast Guard Meat and poultry inspection: AGRICULTURE Irradiation of refrigerated or DEPARTMENT SERVICES DEPARTMENT Vessel identification system; effective date change; frozen uncooked meat, Rural Business-Cooperative Food and Drug Administration published 4-19-99¶ meat byproducts, etc.; Service comments due by 4-26- Program regulations: GRAS or prior-sanctioned 99; published 2-24-99 ingredients: RULES GOING INTO Servicing and collectionsÐ EFFECT APRIL 24, 1999 AGRICULTURE Suspension of collection Carbohydrase and protease DEPARTMENT of recapture amount for enzyme preparations AGRICULTURE Rural Utilities Service borrowers with shared derived from bacillus DEPARTMENT Rural development: appreciation subtilis or bacillus agreements; published amyloliquefaciens; Agricultural Marketing Distance learning and 4-23-99 published 4-23-99 Service telemedicine loan and Human drugs: Peanut promotion, research, grant program; comments AGRICULTURE and information order; due by 4-26-99; published DEPARTMENT Labeling of drug products (OTC)Ð referendum procedures; 3-25-99 Rural Housing Service published 4-23-99¶ COMMERCE DEPARTMENT Program regulations: Internal analgesic and antipyretic active National Oceanic and Servicing and collectionsÐ ingredients; required RULES GOING INTO Atmospheric Administration Suspension of collection alcohol warning; EFFECT APRIL 25, 1999 Fishery conservation and of recapture amount for published 10-23-98 management: borrowers with shared HOUSING AND URBAN AGRICULTURE appreciation Magnuson-Stevens Act DEVELOPMENT DEPARTMENT agreements; published provisionsÐ DEPARTMENT Food Safety and Inspection 4-23-99 Gulf of Maine separator Mortgage and loan insurance Service AGRICULTURE trawl whiting fishery and programs: Meat and poultry inspection: DEPARTMENT proposed supplemental Single family mortgage Inspection services; fee gear; comments due by Rural Utilities Service insuranceÐ increase; published 4-23- 4-29-99; published 4-14- Program regulations: Builder warranty for high- 99 99 Servicing and collectionsÐ ratio FHA-insured DEFENSE DEPARTMENT Suspension of collection mortgages for new COMMENTS DUE NEXT Acquisition regulations: of recapture amount for homes; withdrawn; WEEK People's Republic of China; borrowers with shared published 4-23-99 appreciation comments due by 4-26- INTERIOR DEPARTMENT AGRICULTURE 99; published 2-23-99 agreements; published DEPARTMENT 4-23-99 Fish and Wildlife Service DEFENSE DEPARTMENT Agricultural Marketing CORPORATION FOR Alaska National Wildlife Navy Department Refuges: Service NATIONAL AND Cherries (tart) grown inÐ National Environmental Policy COMMUNITY SERVICE Administrative and visitor Act; implementation: facility sites; public safety, Michigan et al.; comments Foster Grandparent Program; due by 4-26-99; published Policies and responsibilities; published 3-24-99 government property comments due by 4-26- protection, and fish and 2-25-99 Retired and Senior Volunteer 99; published 2-25-99 wildlife regulations; Milk marketing orders: Program; published 3-24-99 published 3-24-99 Iowa; comments due by 4- ENVIRONMENTAL Senior Companion Program; PROTECTION AGENCY Kenai National Wildlife 26-99; published 4-19-99 published 3-24-99 Refuge; seasonal closure Raisins produced from grapes Air pollutants, hazardous; ENVIRONMENTAL of Moose Range grown inÐ national emission standards: PROTECTION AGENCY Meadows public access California; comments due by Equivalent emission Air quality implementation easements; published 3- 4-26-99; published 2-24- limitations by permit; plans; approval and 24-99 99 implementation; comments

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due by 4-26-99; published Preble's meadow jumping Diesel particulate matter Learjet model 35, 35A, 4-16-99 mouse; comments due by exposure of miners; 36, and 36A airplanes; Air quality implementation 4-30-99; published 3-16- comments due by 4-30- comments due by 4-28- plans; approval and 99 99; published 2-12-99 99; published 3-29-99 promulgation; various Rhadine exilis, etc. (nine NUCLEAR REGULATORY Soloy Corp. model States: invertebrate species from COMMISSION Pathfinder 21 airplane; Arizona; comments due by Bexar County, TX); Domestic licensing and related comments due by 4-26- 4-26-99; published 3-26- comments due by 4-29- regulatory functions; 99; published 3-25-99 99 99; published 12-30-98 environmental protection Class B airspace; comments due by 4-30-99; published California; comments due by INTERIOR DEPARTMENT regulations: 3-1-99 4-26-99; published 3-25- Minerals Management Nuclear power plant Class E airspace; comments 99 Service operating licenses; renewal requirements; due by 4-26-99; published Utah; comments due by 4- Outer Continental Shelf; oil, 3-11-99 26-99; published 3-26-99 gas, and sulphur operations: comments due by 4-27- 99; published 2-26-99 TRANSPORTATION Radiation protection programs: Bonus payments with bids; DEPARTMENT PERSONNEL MANAGEMENT Rocky Flats Environmental comments due by 4-30- Maritime Administration 99; published 3-31-99 OFFICE Technology Site; Cargo preferenceÐU.S.-flag Employment: transuranic radioactive Royalty management: commmercial vessels: waste disposal; applicable Oil value for royalty due on Selective Service LawÐ Carriage of agricultural waste characterization Federal leases; comment Statutory bar to exports; comments due by documents; availability; extension; comments due appointment of persons 4-28-99; published 3-26- comments due by 4-26- by 4-27-99; published 4- who fail to register; 99 99; published 3-25-99 comments due by 4-28- 13-99 TRANSPORTATION 99; published 3-29-99 Superfund program: INTERIOR DEPARTMENT DEPARTMENT Toxic chemical release Surface Mining Reclamation TRANSPORTATION National Highway Traffic reporting; community right- and Enforcement Office DEPARTMENT Safety Administration to-knowÐ Permanent program and Coast Guard Motor vehicle safety Chromite ore from abandoned mine land Drawbridge operations: standards: Transvaal Region, reclamation plan Louisiana; comments due by Hydraulic and electric brake South Africa; comments submissions: 4-29-99; published 3-15- systemsÐ due by 4-26-99; Indiana; comments due by 99 School buses; parking published 2-23-99 4-26-99; published 3-25- Michigan; comments due by brake warning system; FEDERAL 99 4-26-99; published 2-25- comments due by 4-30- COMMUNICATIONS 99 99; published 3-1-99 JUSTICE DEPARTMENT COMMISSION Ports and waterways safety: Hydraulic brake systemsÐ Prisons Bureau Radio stations; table of Eagle Harbor, Bainbridge Light vehicle brake assignments: Inmate control, custody, care, Island, WA; regulated systems; antilock brake etc.: system malfunction Florida; comments due by navigation area; indicator lamp activation 4-26-99; published 3-16- Inmate discipline respecting comments due by 4-26- protocol; compliance 99 violations of telephone 99; published 2-23-99 date delay; comments and smoking policies; Port of New York and New Missouri; comments due by due by 4-30-99; comments due by 4-26- Jersey; safety zone; 4-26-99; published 3-16- 99; published 2-25-99 published 2-26-99 99 comments due by 4-26- Over-the-counter (OTC) 99; published 2-24-99 Side impact protection; Montana; comments due by medications; inmate inflatable restraint TRANSPORTATION 4-26-99; published 3-16- access; comments due by systems; benefits and DEPARTMENT 99 4-30-99; published 3-1-99 risks; meeting; comments Federal Aviation due by 4-30-99; published Texas; comments due by 4- Searches of housing units, Administration 3-24-99 26-99; published 3-16-99 inmates, and inmate work FEDERAL EMERGENCY areas, and persons other Airworthiness directives: TRANSPORTATION MANAGEMENT AGENCY than inmates; use of BMW Rolls-Royce GmbH; DEPARTMENT Disaster assistance: electronic devices; comments due by 4-26- Research and Special 99; published 2-24-99 Programs Administration Major disaster and comments due by 4-26- Pipeline safety: emergency declarations, 99; published 2-25-99 Eurocopter France; Governors' requests; LABOR DEPARTMENT comments due by 4-26- Gas gathering lines, 99; published 3-26-99 definition; electronic evaluation; comments due Labor-Management New Piper Aircraft, Inc.; discussion forum; by 4-26-99; published 1- Standards Office 26-99 comments due by 4-28- comments due by 4-28- Transportation Equity Act for 99; published 3-3-99 99; published 3-11-99 FEDERAL RESERVE 21st Century; Pratt & Whitney; comments TREASURY DEPARTMENT SYSTEM implementation: due by 4-29-99; published Internal Revenue Service Availability of funds and Employee protections; 3-30-99 Procedure and administration: collection of checks certification requirements; Raytheon; comments due by Unified partnership audit; (Regulation CC): comments due by 4-29- 4-28-99; published 3-1-99 modifications and Sending notices in lieu of 99; published 3-30-99 Airworthiness standards: additions; comments due returning original checks; LABOR DEPARTMENT Special conditionsÐ by 4-26-99; published 1- comments due by 4-30- Mine Safety and Health 26-99 99; published 2-24-99 Boeing model 717-200 Administration airplane; operation INTERIOR DEPARTMENT Coal mine and metal and without normal electrical LIST OF PUBLIC LAWS Fish and Wildlife Service nonmetal mine safety and power; comments due Endangered and threatened health: by 4-26-99; published This is a continuing list of species: Underground minesÐ 3-25-99 public bills from the current

VerDate 23-MAR-99 20:06 Apr 22, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\23APCU.XXX pfrm03 PsN: 23APCU vi Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / Reader Aids session of Congress which Office, Washington, DC 20402 Republic of Yugoslavia enacted public laws. To have become Federal laws. It (phone, 202±512±1808). The (Serbia/Montenegro) and subscribe, send E-mail to may be used in conjunction text will also be made certain other areas, and for [email protected] with with ``P L U S'' (Public Laws available on the Internet from other purposes. (Apr. 19, the text message: Update Service) on 202±523± GPO Access at http:// 1999; 113 Stat. 34) 6641. This list is also www.access.gpo.gov/nara/ Last List April 15, 1999 subscribe PUBLAWS-L Your available online at http:// index.html. Some laws may Name. www.nara.gov/fedreg. not yet be available. The text of laws is not Public Laws Electronic Note: This service is strictly H.R. 1376/P.L. 106±21 published in the Federal Notification Service for E-mail notification of new Register but may be ordered To extend the tax benefits (PENS) public laws. The text of laws in ``slip law'' (individual available with respect to is not available through this pamphlet) form from the services performed in a service. PENS cannot respond Superintendent of Documents, combat zone to services PENS is a free electronic mail to specific inquiries sent to U.S. Government Printing performed in the Federal notification service of newly this address.

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