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Contents Federal Register Vol. 64, No. 101

Wednesday, May 26, 1999

Agency for International Development Meetings: NOTICES Energy-Related Epidemiologic Research Advisory Meetings: Committee, 28499 International Food and Agricultural Development Board, Immunization Practices Advisory Committee, 28499– 28428 28500 Children and Families Administration Agriculture Department NOTICES See Farm Service Agency Grants and cooperative agreements; availability, etc.: See Food Safety and Inspection Service Head Start— See Forest Service Family literacy projects, 28500 See Rural Business-Cooperative Service See Rural Housing Service Commerce Department See Rural Utilities Service See International Trade Administration See National Institute of Standards and Technology Antitrust Division See National Oceanic and Atmospheric Administration NOTICES NOTICES Competitive impact statements and proposed consent Agency information collection activities: judgments: Submission for OMB review; comment request, 28449– Capstar Broadcasting Corp. and Triathlon Broadcasting 28452 Co., 28512–28515 National cooperative research notifications: Copyright Office, Library of Congress Advanced Lead-Acid Battery Consortium, 28515–28516 NOTICES Aluminum Metal Matrix Composites Consortium Joint Satellite royalty funds: Venture, 28516 Distribution of 1992, 1993, 1994 and 1995 funds; Auto Body Consortium, Inc., 28516 proceeding termination, 28528 CommerceNet Consortium, 28516–28517 Defense Department Commerce One, Inc., 28516 See Navy Department Dow Chemical Co., 28517 Financial Services Technology Consortium, Inc., 28517 Education Department Frame Relay Forum, 28517–28518 NOTICES HDTV Broadcasting Technology Consortium, 28518 Agency information collection activities: Innovative Membrane Systems, Inc., 28518 Proposed collection; comment request, 28454 MicroCoating Technologies, Inc./Solarex, Inc., 28518 Submission for OMB review; comment request, 28454– Microelectronics & Computer Technology Corp., 28518– 28455 28519 Grants and cooperative agreements; availability, etc.: Multiservice Switching Forum, 28519 Special education and rehabilitative services— National Center for Manufacturing Sciences, Inc., 28519 Children with disabilities; services and results OBI Consortium, 28519–28520 improvement, 28673–28674 Optical Internetworking Forum, 28520 Meetings: PCAD Venture Team, 28520 President’s Advisory Commission on Educational Petroleum E&P Research Cooperative, 28520–28521 Excellence for Hispanic Americans, 28455 Southwest Research Institute, 28521 Symbian Ltd., 28521–28522 Employment and Training Administration TeleManagement Forum, 28522 NOTICES VSI Alliance, 28522–28523 Adjustment assistance: Wireless Application Protocol Forum, Ltd., 28523 Buckeye Inc., 28525–28526 Capco, Inc., 28526 Arts and Humanities, National Foundation F&R Fashions et al., 28526–28527 See National Foundation on the Arts and the Humanities H.M.C. Fashions Coat, Inc., 28527 Valve Sales Co., Inc., 28527–28528 NAFTA transitional adjustment assistance: Centers for Disease Control and Prevention Homestake Mining Co., 28528 NOTICES Washington Veneer, 28528 Agency information collection activities: Weatherford International, Inc., 28528 Proposed collection; comment request, 28488–28489 Submission for OMB review; comment request, 28489– Energy Department 28490 See Federal Energy Regulatory Commission Grants and cooperative agreements; availability, etc.: See Western Area Power Administration Intimate partner violence prevention, 28490–28493 NOTICES Intimate partner violence surveillance, 28493–28497 Electricity export and import authorizations, permits, etc.: NIOSH intervention effectiveness, 28497–28499 PP&L EnergyPlus Co., 28455–28456

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Meetings: PROPOSED RULES Environmental Management Site-Specific Advisory Airworthiness directives: Board— Bell, 28418–28422 Paducah Gaseous Diffusion Plant, KY, 28456–28457 Federal Communications Commission Environmental Protection Agency PROPOSED RULES RULES Radio stations; table of assignments: Air programs: California, 28427 Accidental release prevention— Nebraska, 28424–28426 Worst-case release scenario analysis for flammable Nevada, 28425–28427 substances, 28695–28701 Federal Energy Regulatory Commission Clean Air Act: Acid rain program— NOTICES Continuous emission monitoring; sulfur dioxide, Electric rate and corporate regulation filings: nitrogen oxide, and carbon dioxide emissions Front Range Energy Associates, L.L.C., et al., 28460– monitoring and reporting provisions, 28564–28672 28463 Hazardous waste: Hydroelectric applications, 28464–28467 Land disposal restrictions; exemptions— Natural Gas Policy Act: Chemical Waste Management, Inc., 28387–28392 Interstate natural gas pipelines— Pesticides; tolerances in food, animal feeds, and raw Business practice standards, 28467–28468 agricultural commodities: Oil pipelines: Aspergillus flavus AF36, 28371–28374 Producer price index for finished goods; annual change, Clomazone, 28374–28377 28468–28469 Pesticide tolerance processing fees, 28384–28387 Applications, hearings, determinations, etc.: Spinosad, 28363–28370 Columbia Gas Transmission Corp., 28457 Tebuconazole, 28377–28384 Koch Gateway Pipeline Co., 28457 PROPOSED RULES National Fuel Gas Supply Corp., 28457–28458 Air programs: Northern Border Pipeline Co., 28458 Accidental release prevention— Reliant Energy Gas Transmission Co., 28458–28459 Risk management programs, 28702–28704 Rocky Road Power, LLC, et al., 28459–28460 NOTICES Trunkline Gas Co., 28460 Meetings: Trunkline LNG Co., 28460 Drinking water issues— Small drinking water systems and underserved Federal Housing Finance Board populations; futures forum, 28469 NOTICES Pesticide, food, and feed additive petitions: Meetings; Sunshine Act, 28487 Novartis Crop Protection, Inc., et al., 28480–28485 Pesticide programs: Federal Procurement Policy Office Organophosphates; preliminary risk assessments, 28469– NOTICES 28471 Government contracts; maximum benchmark compensation Pesticide registration, cancellation, etc.: determination, 28529 Bayer Corp., 28471–28472 Federal Railroad Administration E.I. duPont de Nemours & Co., 28472–28473 Watkins, Inc., et al., 28473–28480 NOTICES Reports and guidance documents; availability, etc.: National Environmental Policy Act; implementation: Food Quality Protection Act; science policy issues— Environmental impacts; consideration procedures, Pesticide data program use in acute dietary assessment, 28545–28556 28485–28487 Fish and Wildlife Service Superfund; response and remedial actions, proposed RULES settlements, etc.: Endangered and threatened species: Chlorine Institute, Inc., 28705 Howell’s spectacular thelypody, 28393–28403 Ione buckwheat and manzanita, 28403–28413 Executive Office of the President Johnson’s seagrass, 28392–28393 See Presidential Documents NOTICES See Trade Representative, Office of United States Comprehensive conservation plans; availability, etc.: Edwin B. Forsythe National Wildlife Refuge and Cape Farm Service Agency May National Wildlife Refuge (Jersey Coast Refuges), RULES NJ, 28503–28504 Program regulations: Grants and cooperative agreements; availability, etc.: Community Programs Guaranteed Loans Program, 28333– North American Wetlands Conservation Act— 28351 Evaluation grant proposals, 28504–28508

Federal Aviation Administration Food and Drug Administration RULES RULES Airworthiness directives: GRAS or prior-sanctioned ingredients: Eurocopter France, 28353–28357 Cellulase enzyme preparation derived from trichoderma Pratt & Whitney, 28357–28358 longibrachiatum, 28358–28362

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NOTICES See Land Management Bureau Food additive petitions: See National Park Service Goodyear Tire & Rubber Co., 28500–28501 See Surface Mining Reclamation and Enforcement Office Sumitomo Chemical Co., Ltd., 28501 Meetings: Internal Revenue Service Medical Devices Advisory Committee, 28501 NOTICES Agency information collection activities: Food Safety and Inspection Service Proposed collection; comment request, 28560–28561 RULES Meat and poultry inspection: International Trade Administration Listeria monocytogenes contamination of ready-to-eat NOTICES products; compliance with HACCP system Meetings: regulations and comment request, 28351–28353 Environmental Technologies Trade Advisory Committee, NOTICES 28452 Codex Alimentarius Commission: International sanitary and phytosanitary standard-setting International Trade Commission activities, 28428–28447 NOTICES Import investigations: Forest Service CD-ROM controllers and products containing same, NOTICES 28509–28510 Environmental statements; notice of intent: Polyester staple fiber from— Tongass National Forest, AK, 28447–28449 Korea and Taiwan, 28510 Stainless steel round wire from— General Services Administration Various countries, 28510–28511 NOTICES Meetings: Justice Department President’s Commission on Celebration of Women in See Antitrust Division American History, 28488 See Immigration and Naturalization Service See National Institute of Justice Health and Human Services Department PROPOSED RULES See Centers for Disease Control and Prevention Protection of Children from Sexual Predators Act of 1998; See Children and Families Administration implementation: See Food and Drug Administration Designation of agencies to receive and investigate reports See Health Resources and Services Administration of child pornography, 28422–28424 NOTICES NOTICES Agency information collection activities: Pollution control; consent judgments: Proposed collection; comment request, 28488 Gencorp, Inc., et al., 28511–28512

Health Resources and Services Administration Labor Department NOTICES See Employment and Training Administration Meetings: Land Management Bureau Maternal and Child Health Research Grants Review NOTICES Committee, 28501–28502 Coal leases, exploration licenses, etc.: Housing and Urban Development Department Wyoming, 28508–28509 Meetings: NOTICES Resource Advisory Councils— Agency information collection activities: Lewistown, 28509 Submission for OMB review; comment request, 28502– 28503 Library of Congress Mortgage and loan insurance programs: See Copyright Office, Library of Congress Mortgage-backed securities; release of geographic and other data submitted by Ginnie Mae issuers, 28503 Management and Budget Office See Federal Procurement Policy Office Immigration and Naturalization Service PROPOSED RULES National Credit Union Administration Immigration: PROPOSED RULES Aliens— Credi unions: Inadmissibility and deportability on public charge Insurance requirements— grounds; public charge definition, 28675–28688 Share insurance fund capitalization, 28415–28418 NOTICES Agency information collection activities: National Foundation on the Arts and the Humanities Submission for OMB review; comment request, 28523– NOTICES 28524 Meetings: Reports and guidance documents; availability, etc.: Combined Arts Advisory Panel, 28529 Aliens; deportability and inadmissibility on public charge grounds; field guidance, 28689–28693 National Institute for Literacy NOTICES Interior Department Meetings: See Fish and Wildlife Service Advisory Board, 28529–28530

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National Institute of Justice Railroad Retirement Board NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Evaluation of Domestic Violence Victims’ Civil Legal Proposed collection; comment request, 28539 Assistance Program, 28525 Submission for OMB review; comment request, 28540 Examination of Privatization in Federal Bureau of Prisons, 28525 Research and Special Programs Administration NOTICES National Institute of Standards and Technology Hazardous materials: NOTICES Applications; exemptions, renewals, etc., 28556–28559 Inventions, Government-owned; availability for licensing, 28452–28453 Rural Business-Cooperative Service Meetings: RULES Computer System Security and Privacy Advisory Board, Program regulations: 28453 Community Programs Guaranteed Loans Program, 28333– 28351 National Oceanic and Atmospheric Administration RULES Rural Housing Service Whaling provisions; aboriginal subsistence whaling quotas RULES and other limitations, 28413–28414 Program regulations: Community Programs Guaranteed Loans Program, 28333– National Park Service 28351 NOTICES Environmental statements; availability, etc.: Rural Utilities Service Homestead National Monument of America, NE, 28509 RULES Program regulations: National Science Foundation Community Programs Guaranteed Loans Program, 28333– NOTICES 28351 Antarctic Conservation Act of 1978; permit applications, etc., 28530 Securities and Exchange Commission NOTICES Navy Department Self-regulatory organizations; proposed rule changes: NOTICES Depository Trust Co., 28540–28542 Meetings: Midwest Clearing Corp., 28542–28543 Naval Research Advisory Committee, 28453–28454 Options Clearing Corp., 28543–28544

Nuclear Regulatory Commission State Department NOTICES NOTICES Agency information collection activities: Pipeline facilities on U.S. borders; permit applications: Proposed collection; comment request, 28530 Penn Octane Corp., 28544–28545 Decommissioning plans; sites: Molycorp Washington, PA, 28531–28532 Surface Mining Reclamation and Enforcement Office Environmental statements; availability, etc.: RULES Pacific Gas & Electric Co., 28532–28535 Permanent program and abandoned mine land reclamation Union Electric Co., 28535–28538 plan submissions: Meetings; Sunshine Act, 28538–28539 Indiana, 28362–28363 Applications, hearings, determinations, etc.: PECO Energy Co., 28531 Surface Transportation Board NOTICES Office of United States Trade Representative Railroad operation, acquisition, construction, etc.: See Trade Representative, Office of United States Dakota, Missouri Valley & Western Railroad, Inc., 28559 Railroad services abandonment: Postal Rate Commission Mid-Michigan Railroad, Inc., 28559–28560 NOTICES Meetings: Trade Representative, Office of United States Mailers’ presentation, 28539 NOTICES Unfair trade practices, petitions, etc.: Presidential Documents Canada; tourism and sport fishing, 28545 PROCLAMATIONS Special observances: Transportation Department Maritime Day, National (Proc. 7199), 28707–28710 See Federal Aviation Administration Small Business Week (Proc. 7200), 28711–28712 See Federal Railroad Administration See Research and Special Programs Administration Public Health Service See Surface Transportation Board See Centers for Disease Control and Prevention See Food and Drug Administration Treasury Department See Health Resources and Services Administration See Internal Revenue Service

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Veterans Affairs Department Part III RULES Department of Education, 28673–28674 Loan guaranty: Interest rate reduction refinancing loans requirements Part IV Correction, 28363 Department of Justice, Immigration and Naturalization Service, 28675–28693 Western Area Power Administration NOTICES Part V Power rate adjustments: Environmental Protection Agency, 28695–28705 Desert Southwest Customer Service Region; correction, 28469 Part VI The President, 28707–28712

Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Environmental Protection Agency, 28563–28672 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.

3CFR Proclamations: 7199...... 28709 7200...... 28711 7 CFR 1980...... 28333 3575...... 28333 8 CFR Proposed Rules: 212...... 28676 237...... 28676 9 CFR 416...... 28351 417...... 28351 12 CFR Proposed Rules: 741...... 28415 14 CFR 39 (3 documents) ...... 28353, 28355, 28357 Proposed Rules: 39 (2 documents) ...... 28418, 28420 21 CFR 184...... 28358 28 CFR Proposed Rules: 81...... 28422 30 CFR 914...... 28362 38 CFR 36...... 28363 40 CFR 68...... 28696 72...... 28564 75...... 28564 180 (5 documents) ...... 28363, 28371, 28375, 28377, 28384 268...... 28387 Proposed Rules: 68...... 28702 47 CFR Proposed Rules: 73 (7 documents) ...... 28424, 28425, 28426, 28427 50 CFR 17 (3 documents) ...... 28392, 28393, 28403 230...... 28413

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Rules and Regulations Federal Register Vol. 64, No. 101

Wednesday, May 26, 1999

This section of the FEDERAL REGISTER Classification result in expenditures to State, local, or contains regulatory documents having general This final rule has been determined to tribal governments, in the aggregate, or applicability and legal effect, most of which to the private sector, of $100 million or are keyed to and codified in the Code of be not significant for the purposes of Executive Order 12866 and, therefore, more in any 1 year. When such a Federal Regulations, which is published under statement is needed for a rule, section 50 titles pursuant to 44 U.S.C. 1510. has not been reviewed by OMB. 205 of the UMRA generally requires The Code of Federal Regulations is sold by Programs Affected RHS to identify and consider a the Superintendent of Documents. Prices of The Catalog of Federal Domestic reasonable number of regulatory new books are listed in the first FEDERAL Assistance Programs impacted by this alternatives and adopt the least costly, REGISTER issue of each week. action are 10.766, Community Facilities most cost-effective, or least burdensome loans. alternative that achieves the objectives of the rule. DEPARTMENT OF AGRICULTURE Intergovernmental Review This rule contains no Federal These loans are subject to the mandates (under the regulatory Rural Housing Service provisions of Executive Order 12372 provisions of title II of the UMRA) for Rural Business-Cooperative Service which require intergovernmental State, local, and tribal governments or consultation with State and local the private sector. Therefore, this rule is Rural Utilities Service officials. RHS conducts not subject to the requirements of intergovernmental consultations for sections 202 and 205 of the UMRA. Farm Service Agency each loan in the manner delineated in National Performance Review subpart V, part 3015 of title 7. 7 CFR Parts 1980 and 3575 This regulatory action is being taken Civil Justice Reform as part of the National Partnership for RIN 0575±AC17 The final rule has been reviewed Reinventing Government to eliminate under Executive Order 12988, Civil unnecessary regulations and improve Community Programs Guaranteed Justice Reform. In accordance with this those that remain in force. Loans rule: (1) All State and local laws and Regulatory Flexibility Act AGENCY: Rural Housing Service, USDA. regulations that are in conflict with this rule will be preempted; (2) except as This rule has been reviewed with ACTION: Final rule. expressively provided in the regulation, regard to the requirements of the no retroactive effect will be given to this Regulatory Flexibility Act (5 U.S.C. SUMMARY: The Rural Housing Service rule; and (3) administrative proceedings 601–612). The undersigned has (RHS) is amending the Community of the National Appeals Division (7 CFR determined and certified by signature of Programs (CP) Guaranteed Loans part 11) must be exhausted before this document that this rule will not regulation, which is also utilized by the bringing suit in court challenging action have a significant economic impact on Rural Utilities Service (RUS), by taken under this rule. a substantial number of small entities removing the requirements for since this rulemaking action does not Community Facilities and implementing Environmental Impact Statement involve a new or expanded program. a new Community Programs Guaranteed The action has been reviewed in Loans regulation. RUS will continue to accordance with 7 CFR part 1940, Implementation use 7 CFR part 1980, subpart I for RUS subpart G, ‘‘Environmental Program.’’ It is the policy of this Department that guaranteed loans. This action is needed The Agency has determined that this rules relating to public property, loans, to streamline and update the action does not constitute a major grants, benefits or contracts shall Community Programs Guaranteed Loans Federal action significantly affecting the comply with 5 U.S.C. 553 program. The intended effect is to quality of the human environment and, notwithstanding the exemption of that simplify and clarify the regulation; shift in accordance with the National section with respect to such rules. some responsibility for loan Environmental Policy Act of 1969, 42 Paperwork Reduction Act documentation and analysis from the U.S.C. 4321 et seq., an Environmental Government to the lenders; make the Impact Statement is not required. The information collection and program more responsive to the needs of recordkeeping requirements contained lenders, local community public bodies, Unfunded Mandates Reform Act in this regulation have been approved and nonprofit corporations; and provide Title II of the Unfunded Mandates by the Office of Management and for smoother processing of applications. Reform Act of 1995 (UMRA), 2 U.S.C. Budget (OMB) under the provisions of EFFECTIVE DATE: June 25, 1999. chapters 17A and 25, established 44 U.S.C. chapter 35 and were assigned requirements for Federal agencies to OMB control number 0575–0137, in FOR FURTHER INFORMATION CONTACT: Mel assess the effects of their regulatory accordance with the Paperwork Padgett, Community Programs Senior actions on State, local, and tribal Reduction Act of 1995. Under the Loan Specialist, Rural Housing Service, governments and the private sector. Paperwork Reduction Act of 1995, no U.S. Department of Agriculture, STOP Under section 202 of the UMRA, RHS person is required to respond to a 3222, 1400 Independence Ave. SW., generally must prepare a written collection of information unless it Washington, DC 20250–3222, telephone: statement, including a cost-benefit displays a valid OMB control number. (202) 720–1495. analysis, for proposed and final rules This final rule does not impose any new SUPPLEMENTARY INFORMATION: with ‘‘Federal mandates’’ that may information or recordkeeping

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28334 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations requirements from those approved by Except for the increase in the lender will not only be able to negotiate OMB. population limit in the definition of interest rates, but will also be able to ‘‘Rural and Rural area,’’ the revisions are negotiate incremental increases and Discussion of the Final Rule not required by statute. However, the caps for each loan. This will give the This action replaces the Community President and the Secretary of lender more flexibility to fit the CP Facilities portion of the CP guaranteed Agriculture are committed to guaranteed loan program to its lending loan program administered under 7 CFR streamlining all Federal regulations. policies and procedures. The lender part 1980, subpart I. Under the final This CP regulation streamlines our does not have to be a local lender rule, this guaranteed loan program will application procedures, reduces loan provided it can demonstrate the ability be more flexible and place more reliance application processing time by placing to adequately service the loan. This will on lenders. There are fewer specific greater emphasis on State resources, permit an expansion of eligible lenders requirements for lenders. The lender has allows more management flexibility and to include such organizations as State added responsibility for analyzing credit decision-making capacity at the State bond banks, the Rural Utilities quality; for making, securing, and Office level, and expands eligible loan Cooperative Finance Corporation, Sallie servicing the loan; and for monitoring purposes to include recreation. Mae, and other lenders that are subject construction. Application processing The Agency has implemented to credit examination and supervision procedures will be more efficient; less revisions to make the program more by a State or Federal entity that burdensome for borrowers, lenders, and usable by lenders and borrowers. Also, supervises and regulates credit Rural Development staff; and will the Agency recognizes that changes are institutions. All of these organizations provide for more rapid decisions. necessary to make the program more have expressed an interest in the CP The CP loan program was authorized effective in creating jobs and stimulating guaranteed lending program in the past. by the Rural Development Act of 1972. economic activity (particularly in The loans are made by private lenders chronically low-income rural areas). Discussion of Comments to public bodies, nonprofit corporations, Under the new CP regulation, the The proposed rule was published in and certain Indian tribes for the purpose material that must be submitted to, and the Federal Register on October 7, 1997 of improving rural living standards and reviewed by, the Agency before (62 FR 52277), for public comment. Five for other purposes that create essential approval of the guarantee has been comments were received. All of the community facilities located in cities, streamlined. Some responsibilities for comments received expressed support towns, or unincorporated areas of up to credit analysis and application for the changes in this streamlined 50,000 population required by the processing tasks will be shifted from the regulation. The comments ranged from Federal Agriculture Improvement and Agency to the lender, where feasible. making the regulation easier to read and Reform Act of 1996. The previous Following is a discussion of some of the follow to agreeing that the regulatory statutory population limit for loans for most significant policy revisions burden was lessened on the lenders as essential community facilities was included in the final regulation. well as on our field employees. Also, 20,000. For fiscal year 1999, the To streamline the regulation, the the ability to change interest rates on a population unit will be 20,000 pursuant Agency has combined applicable quarterly basis was supported as more to § 735 of the Agriculture, Rural portions of the Direct Community Loan in line with industry standards. Other Development, Food and Drug Programs (7 CFR part 1942, subpart A), changes which were supported are: Administration and Related Agencies Fire and Rescue (7 CFR part 1942, permitting the lender to monitor Appropriation Act, 1999. Since 1990, subpart C), General Guaranteed construction rather than the Agency; more than 355 community programs Regulation (7 CFR part 1980, subpart A), permitting the preapplication projects, totaling slightly more than previously drafted Guaranteed information and the application to be $325 million, have received loans which Community Programs Regulation, and completed as one process; and making were guaranteed through CP. program requirements contained in the lender responsible for legal These loans can be made for a variety forms which were not in regulations sufficiency. of purposes including health care; into the Guaranteed Community One respondent requested consistent public buildings and improvements; fire Programs Regulation (7 CFR part 3575, wording concerning the 5 percent which and rescue; easements; purchase of subpart A). The Agency also divided the the lender must retain in its portfolio. equipment, machinery, and supplies; regulation into general, processing, and The wording has been changed to clarify repair and modernization; pollution servicing sections. These actions should that the amount which the lender must control; and transportation studies. The significantly reduce the amount of hold will be 5 percent of the total loan rate and terms of the loan are negotiated regulatory material that a lender and a amount and that this amount must be between the borrower and the lender. borrower must review to determine from the unguaranteed portion of the This regulation is a high-priority effort eligibility and complete the application. loan. to streamline the administration and This will also simplify making and One respondent wanted to know what operation of the program, respond to the servicing a CP loan. is contained in chapter 37 of title 31 of requests of users of the program, and Additionally, the necessary the United States Code. This chapter is assist the field staff administering the information contained in the commonly referred to as the Debt program. The revised regulation is preapplication package can be Collection Act. simpler, clearer, and more logically submitted simultaneously with the organized. The volume of regulatory application. Except the year that loan Definitions material which a lender must review to funds are received, the types of audited One respondent suggested that all request, make, or service a CP financial statements will be the Rural Development program areas have guaranteed loan under the new responsibility of the lender. Also, we similar definitions for ‘‘rural’’ and regulation is significantly less than the have included recreation as well as ‘‘rural area.’’ The Agency agrees that current regulation. Clarifications of clarified that telecommunications are similar definitions would make the various items are also included, such as eligible loan purposes. programs easier for our field employees what is meant by the term ‘‘essential Under the new regulation, the lender to implement. However, the Federal community facility.’’ is responsible for legal sufficiency. The Agriculture Improvement and Reform

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Act of 1996 redefined the definition for be considered or which might adversely has been completed in accordance with ‘‘rural’’ and ‘‘rural area’’ as it applies to effect the environment prior to the proper building codes. To maintain Community Facilities programs. This completion of the Agency’s flexibility and keep the regulations and definition has been incorporated into environmental review. public paperwork at a minimum, we this regulation. have incorporated this as a lender Equal Opportunity and Fair Housing Except for fiscal year 1999, certification. Community Facilities projects can be Act requirements One respondent suggested amending located in incorporated cities or towns One respondent suggested that we list our concurrence to preliminary or unincorporated areas with a all the specific individual requirements architectural or engineering reports or population of less than 50,000; however, under these laws. These requirements plans because many Community these projects cannot be located in are spelled out in a separate section. If Facilities projects do not require urbanized areas regardless of the a lender needs more specific complex reports but rather simple population. Urbanized areas are areas information, the Agency can drawings and estimates of project costs. immediately adjacent to a city, town, or administratively handle these situations We agree. This was our original intent unincorporated area exceeding 50,000 on a case-by-case basis. in the proposed general portion of the inhabitants. The boundaries of One respondent requested design and construction requirements urbanized areas are not limited to clarification concerning the Agency’s section. We have added the words ‘‘or preexisting county or State lines. They review of the equal opportunity and plans’’ to this section. often follow the boundaries of small nondiscrimination requirements when One respondent questioned the lack census-defined geographic units such as evaluating an application. The Agency of a reference to procurement utilizing census tracts and enumeration districts. will further clarify our employees’ free and open competition. The Many urbanized areas cross county and responsibilities for reviewing loan borrower and the lender both benefit sometimes State lines. applications in Agency instructions. from free and open competition. In the spirit of reducing the regulatory burden Eligibility Rates and Terms to the public, the lender will now be One respondent wanted to include One respondent supported permitting responsible for determining the best sole-member corporations as eligible for both variable and fixed interest rates in method to ensure that the project is the Community Facilities program. the same loan but pointed out that the completed within budget. If the lender While this would increase the potential restriction which requires the determines that design and build is a number of borrowers, it goes against the guaranteed portion of the loan to always better method than sealed bids, the concept of broad-based community have a lower interest rate than the lender will have the flexibility to support. unguaranteed portion of the loan would approve such construction. One respondent suggested that prevent lenders from making the business incubators be made an eligible guaranteed portion fixed and the Feasibility Requirements purpose. Business incubators are unguaranteed portion variable when the One respondent strongly supported already eligible provided they are interest rate market is declining. We the loan approval official being able to designed as a training facility and they agree, and we have removed this determine if an independent feasibility meet the basic eligibility criteria of restriction in these cases. analysis is necessary. It also stated that being either a nonprofit corporation or the economic section of the regulation Design and Construction a public body having broad-based confuses the lender credit analysis with community support. One respondent said that this the feasibility report. The Agency One respondent indicated that regulation seems to say that if the intends that the loan approval official combining the floodplain management Agency guarantees a loan on an existing will determine whether or not an plan requirements with flood insurance building, we would not require any independent feasibility analysis is would eliminate service to most of his changes to make the building meet the necessary. Consequently, the lender’s State. The Agency did not intend to Americans with Disabilities Act (ADA). financial credit analysis may serve as a change the existing floodplain The ADA does not require that existing feasibility analysis when the loan requirements. However, in our efforts to buildings be made accessible unless approval official concludes sufficient streamline the regulations, we combined they are remodeled. Then only the economic information is provided in two requirements and used a portion which is remodeled must be their analysis. We have added a conjunction which tied the two made accessible. For example, if four sentence to clarify this issue. requirements together. The Agency has interior offices were remodeled, only separated and reworded these those four offices would have to be Processing requirements in this final regulation. made accessible. But the restrooms or One respondent indicated that we The requirements are the same as our the entry way would not have to be should have included a timeframe to existing regulation. To make a loan in a accessible. If you remodeled the provide the lender an answer. While we Federal Emergency Management Agency building front, then the front entry agree, this is an administrative matter designated 100-year floodplain, a would have to be made accessible. In within the Agency and will be floodplain management plan must be in conclusion, any new work must be incorporated into our field employee place. accessible and designed in accordance instructions. Also, National Flood Insurance must with the ADA. Any area of the existing One respondent suggested moving the be available, and the lender must structure that is not remodeled does not subsection concerning changing the require such insurance. have to meet the ADA. Since this is not scope of the project from the section As a result of internal discussions, the a Community Programs requirement, we describing the conditions precedent to Environmental Requirements section will clarify this concept for our issuing a loan note guarantee to the has been expanded slightly in order to employees in our instructions. section discussing the review of highlight the existing burden on the One respondent suggested a standard requirements in the conditional applicant to take no actions that would certification form for the lender to commitment. The Agency agrees and either limit the range of alternatives to complete certifying that construction has moved this subsection.

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One respondent suggested that the One respondent suggested that finder List of Subjects number of customers discussed in the and packaging fees be considered an 7 CFR Part 1980 loan application evaluation section eligible loan purpose. This comment should apply only to Water and Waste also suggested paying real estate broker Loan programs—Agriculture, Loan Division projects. The Agency disagrees. fees. These fees are already paid as part programs—Business and industry, Loan The number of customers is important of the sale and purchase. To be programs—Housing and community for other utility-type projects such as gas consistent with other Community development, Rural development assisance. distribution systems. Also, the number Facilities loan programs, the Agency of customers may play an important role does not consider finder fees necessary. 7 CFR Part 3575 in other community facilities-type All Community Programs loans have projects such as hospitals, nursing Community facilities, Guaranteed professional and technical assistance loans, Loan programs. homes, and child care. such as architects, engineers, and One respondent questioned if the Accordingly, chapters XVIII and certifications listed under the accountants who provide similar XXXV, title 7, Code of Federal conditions precedent to issuance of the services. Consequently, the Agency feels Regulations, are amended as follows: loan note guarantee section met all that paying additional fees is applicable requirements set out in the unnecessary. PART 1980ÐGENERAL regulations. It was suggested One respondent requested 1. The authority citation for part 1980 clarification was needed. The Agency clarification concerning whether or not continues to read as follows: listed the items which the lender must the preapplication forms are still Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 certify to before the loan note guarantee necessary when the Agency receives an U.S.C. 1480. could be issued. By certifying to these application for a loan guarantee from a conditions, the lender is stating that it lender without going through the Subpart IÐCommunity Programs has met the requirements set out in the preapplication process. The Agency will Guaranteed Loans regulation. accept applications without a One respondent requested preapplication package. § 1980.801 [Amended] clarification concerning the title report 2. Section 1980.801(b) is amended by under the lender’s certifications in the Servicing removing the words ‘‘and other essential conditions precedent to issuance of a community’’ in the first sentence. loan note guarantee. The respondent Two respondents strongly suggested wanted to know whether or not the title that the audit requirements should be § 1980.802 [Amended] report was referring to a final title the lender’s responsibility. We agree, 3. Section 1980.802 is amended by opinion or a preliminary title opinion. based upon discussions with our sister removing the definition for The Agency intends this to be the agencies and the Office of Management ‘‘Community facilities.’’ lender’s legal counsel’s opinion which and Budget (OMB), we have determined states that the loan has been closed and that we do not have continuing § 1980.805 [Amended] proper title has been obtained in compliance requirements as described 4. Section 1980.805 is amended by accordance with the security instrument in the OMB circular A–133. removing the third through the seventh and other agreements between the Consequently, in the year that funds are sentences of the section. lender and the Agency. received, the Agency will require an § 1980.813 [Amended] One respondent requested further audit in accordance with the OMB 5. Section 1980.813 is amended in the clarification of the guaranteed loan circular A–133. In subsequent years, the closing report. This report is a Rural introductory text of paragraph (a) by lender (with Agency concurrence) will revising the words ‘‘, and other essential Development form. All references to determine the type of financial reporting specific form numbers have been community facilities providing and financial audits that will be essential’’ to read ‘‘providing’’ in the eliminated from the actual text of the required for the duration of the loan. Federal Register. The actual form first sentence and by removing numbers will appear in the Agency One respondent noted that the lender paragraphs (a)(2), (b)(1), and (b)(2); instructions to our field employees. and borrower visits were omitted and paragraphs (a)(3), (b)(3), and (b)(4), are Only the form names appear in the suggested that they should be required redesignated as paragraphs (a)(2), (b)(1), Federal Register. periodically. While we agree, this is an and (b)(2), respectively; and by One respondent questioned the need administrative matter and will be removing the words ‘‘and X-ray to require a parity lien position. We addressed in the Agency’s field machines’’ in newly redesignated agree, the lender should determine that instruction. paragraph (a)(2)(i). adequate security is obtained for the One respondent wanted to clarify that § 1980.814 [Amended] loan and the Agency can either concur the sale of one lender to another in a 6. Section 1980.814 is amended by or choose not to guarantee the loan merger situation did not constitute a removing paragraph (d) and accordingly. This requirement has been transfer of lender. We agree. redesignating paragraphs (e) through (h) deleted. One respondent suggested that we as paragraphs (d) through (g), One respondent requested that the respectively. increase the amount of protective Agency eliminate the test for credit. The 7. Section 1980.844 is revised to read respondent further points out that the advances from $500 to $5,000 dollars. as follows: Rural Development Business and This amount would be consistent with Industry (B&I) program does not require other mission area regulations and § 1980.844 Appraisal reports. such a test for credit to be eligible for would be consistent with inflation. We The borrower is responsible for the a guaranteed loan. The Agency is bound agree, the amount of protective acquisition of all property rights by statute and must require this test for advances which the lender can make necessary for the project and will credit. The B&I program is exempt from without Agency concurrence has been determine that prices paid are this statutory provision. increased from $500 to $5,000. reasonable and fair.

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8. Chapter XXXV, title 7, Code of 3575.80 Interest rate changes after loan of a loan or any part thereof (available Federal Regulations is amended by closing. in any Agency office). adding a new part 3575 to read as 3575.81 Liquidation. Borrower. The entity that borrows follows: 3575.82 [Reserved] money from the lender. 3575.83 Protective advances. Collateral. Property pledged to secure PART 3575ÐGENERAL 3575.84 Additional loans or advances. 3575.85 Bankruptcy. the guaranteed loan. Subpart AÐCommunity Programs 3575.86–3575.87 [Reserved] Community facility (essential). The Guaranteed Loans 3575.88 Transfer and assumptions. term ‘‘facility’’ as used in this subpart 3575.89 Mergers. refers to both the physical structure Sec. 3575.90 Disposition of acquired property. financed and the resulting service 3575.1 General. 3575.91–3575.93 [Reserved] 3575.2 Definitions. provided to rural residents. An essential 3575.94 Determination and payment of loss. community facility must: 3575.3 Full faith and credit. 3575.95 Future recovery. 3575.4 Conditions of guarantee. 3575.96 Termination of Loan Note (1) Be a function customarily 3575.5–3575.7 [Reserved] Guarantee. provided by a local unit of government; 3575.8 Access to lender’s records. 3575.97–3575.99 [Reserved] (2) Be a public improvement needed 3575.9 Environmental requirements. 3575.100 OMB control number. for the orderly development of a rural 3575.10–3575.11 [Reserved] community; Subpart BÐ[Reserved] 3575.12 Inspections. (3) Not include private affairs or 3575.13 Appeals. Authority: 5 U.S.C. 301, 7 U.S.C. 1989. 3575.14–3575.16 [Reserved] commercial or business undertakings 3575.17 Exception authority. Subpart AÐCommunity Programs (except for limited authority for 3575.18–3575.19 [Reserved] Guaranteed Loans industrial parks); 3575.20 Eligibility. (4) Be within the area of jurisdiction 3575.21–3575.23 [Reserved] § 3575.1 General. or operation for eligible public bodies or 3575.24 Eligible loan purposes. (a) This subpart contains the a similar local rural service area of a 3575.25 Ineligible loan purposes. regulations for Community Programs not-for-profit corporation; and 3575.26 [Reserved] (5) Be located in a rural area. 3575.27 Eligible lenders. loans guaranteed by the Agency and applies to lenders, holders, borrowers, Conditional Commitment for 3575.28 Transfer of lenders or borrowers Guarantee. The Agency’s written (prior to issuance of Loan Note and other parties involved in making, Guarantee). guaranteeing, holding, servicing, or statement to the lender that the material 3575.29 Fees and charges by lender. liquidating such loans. submitted is approved subject to the 3575.30 Loan guarantee limitations. (b) The purpose of the Community completion of all conditions and 3575.31–3575.32 [Reserved] Programs guaranteed loan program is to requirements contained in the 3575.33 Interest rates. improve, develop, or finance essential commitment (available in any Agency 3575.34 Terms of loan repayment. community facilities in rural areas. This office). 3575.35–3575.36 [Reserved] Guaranteed loan. A loan made and 3575.37 Insurance and fidelity bonds. purpose is achieved through bolstering the existing private credit structure serviced by a lender for which the 3575.38–3575.39 [Reserved] Agency and lender have entered into a 3575.40 Equal opportunity and Fair through the guarantee of quality loans Housing Act requirements. which will provide lasting community Lender’s Agreement and for which the 3575.41 [Reserved] benefits. Agency has issued a Loan Note 3575.42 Design and construction Guarantee. requirements. § 3575.2 Definitions. Holder. The person or entity (other 3575.43 Other Federal, State, and local The following general definitions are than the lender) who holds all or a part requirements. applicable to the terms used in this of the guaranteed portion of the loan 3575.44–3575.46 [Reserved] subpart: with no servicing responsibilities. When 3575.47 Economic feasibility requirements. Agency. The Rural Housing Service the lender assigns part or all of the 3575.48 Security. guaranteed portion of the loan to an 3575.49–3575.51 [Reserved] which is within the Rural Development 3575.52 Processing. mission area of the United States assignee, the assignee becomes a holder 3575.53 Evaluation of application. Department of Agriculture or its when the Assignment Guarantee 3575.54–3575.58 [Reserved] successor agencies with authority Agreement is signed by all parties. 3575.59 Review of requirements. delegated by the Secretary of Immediate family. Individuals who 3575.60–3575.62 [Reserved] Agriculture to administer the are closely related by blood or by 3575.63 Conditions precedent to issuance Community Facilities programs. marriage, or within the same household, of the Loan Note Guarantee. Application. An Agency prescribed such as a spouse, parent, child, brother, 3575.64 Issuance of Lender’s Agreement, form to request an Agency guarantee sister, aunt, uncle, grandparent, Loan Note Guarantee, and Assignment Guarantee Agreement. (available in any Agency office). grandchild, niece, or nephew. 3575.65 Lender’s sale or assignment of the Arm’s length transaction. The sale, In-house expenses. In-house expenses guaranteed portion of loan. release, or disposition of assets in which include, but are not limited to, 3575.66–3575.68 [Reserved] the title to the property passes to a employees’ salaries, staff lawyers, travel, 3575.69 Loan servicing. ready, willing, and able third party who and overhead. 3575.70–3575.72 [Reserved] is not affiliated with, or related to, and Insurance. Fire, windstorm, lightning, 3575.73 Replacement of loss, theft, has no security, monetary, or hail, explosion, riot, civil commotion, destruction, mutilation, or defacement of stockholder interest in the borrower or aircraft, vehicles, smoke, builder’s risk, Loan Note Guarantee or Assignment transferor at the time of the transaction. liability, property damage, flood or Guarantee Agreement. 3575.74 [Reserved] Assignment Guarantee Agreement. mudslide, worker’s compensation, 3575.75 Defaults by borrower. The signed agreement among the fidelity bond, malpractice, or any 3575.76–3575.77 [Reserved] Agency, the lender, and the holder similar insurance that is available and 3575.78 Repurchase of loan. setting forth the terms and conditions of needed to protect the security or that is 3575.79 [Reserved] an assignment of the guaranteed portion required by law.

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Joint financing. Two or more lenders another federally recognized Indian note which provides for payment of (or any combination of lenders and tribe. interest on interest is void. The Loan other financial sources) making separate Report of loss. A form used by lenders Note Guarantee will not be enforceable relatively contemporaneous loans to when reporting a loss under an Agency by the lender to the extent any loss is supply the funds required by one guarantee (available in any Agency occasioned by violation of usury laws, borrower. For example, such joint office). negligent servicing, or failure to obtain financing may consist of the Agency’s Rural and rural area. (1) For fiscal the required security regardless of the financial assistance with the Economic year 1999, the terms ‘‘rural’’ and ‘‘rural time at which the Agency acquires Development Administration, area’’ mean a city, town, or knowledge of the foregoing. Any losses Department of Housing and Urban unincorporated area with 20,000 occasioned will not be enforceable by Development (HUD), or other Federal inhabitants or less according to the the lender to the extent that loan funds and State agencies, and private and latest decennnial census. are used for purposes other than those quasi-public financial institutions. (2) For later fiscal years, the terms specifically approved by the Agency in Lender. The person or organization ‘‘rural’’ and ‘‘rural area’’ mean a city, its Conditional Commitment for making and responsible for servicing the town, or unincorporated area that has a Guarantee. Negligent servicing is loan. The lender is also referred to in population of 50,000 inhabitants or less defined as the failure to perform those this subpart as the applicant who is according to the latest decennial census services which a reasonably prudent requesting a guarantee during the of the United States, other than an lender would perform in servicing its preapplication and application stage of urbanized area immediately adjacent to own portfolio of loans that are not processing. a city, town, or unincorporated area that guaranteed. The term includes not only Lender’s Agreement. The signed has a population in excess of 50,000 the concept of a failure to act, but also agreement between the Agency and the inhabitants. not acting in a timely manner, acting in lender containing the lender’s Service area. The area reasonably a manner contrary to the manner in responsibilities when the Loan Note expected to be served by the facility which a reasonably prudent lender Guarantee is issued (available in any being financed by the guaranteed loan. would act up to the time of loan Agency office). State. Any of the 50 States, the maturity, or until a final loss is paid. Loan classification system. The Commonwealth of Puerto Rico, the The Loan Note Guarantee or Assignment process by which loans are examined Virgin Islands of the United States, Guarantee Agreement in the hands of a and categorized by degree of potential Guam, American Samoa, holder shall not cover interest accruing loss in the event of default. Commonwealth of the Northern Mariana 90 days after the holder has demanded Loan Note Guarantee. The signed Islands, Republic of the Marshall repurchase by the lender, nor shall the commitment issued by the Agency Islands, Republic of Palau, and the Loan Note Guarantee or Assignment containing the terms and conditions of Federated States of Micronesia. Guarantee Agreement in the hands of a the guarantee of an identified loan State Bond Banks and State Bond holder cover interest accruing 90 days (available in any Agency office). Pools. An entity authorized by the State after the lender or Agency has requested to issue State debt instruments and Market value. The amount for which the holder to surrender the evidence of utilize the funds received to finance property would sell for its highest and debt for repurchase. essential community facilities. best use at a voluntary sale in an arm’s State Director. The Rural § 3575.4 Conditions of guarantee. length transaction. Development State Director or the staff Note. An evidence of debt. In those A loan guarantee under this part will member who has been delegated instances where the Agency guarantees be evidenced by a Loan Note Guarantee authority to perform action on behalf of a bond issue, ‘‘note’’ shall also be issued by the Agency. Each lender will the State Director. also execute a Lender’s Agreement. construed to include a bond or other Substantive change. Any change in (a) The entire loan will be secured by evidence of indebtedness, as the purpose of the loan or any change the same security with equal lien appropriate. in the financial condition of the priority for the guaranteed and non- Participation. Sale of an interest in a borrower or the collateral which would guaranteed portions of the loan. The loan in which the lender retains the jeopardize the performance of the loan. non-guaranteed portion of the loan will note, collateral securing the note, and Transfer and assumption. The not be paid first nor given any all responsibility for loan servicing and conveyance by a debtor to an assuming preference or priority over the liquidation. party of the assets, collateral, and guaranteed portion. Principals of borrowers. The owners, liabilities of the loan in return for the officers, directors, entities, and assuming party’s binding promise to pay (b) The lender will be responsible for supervisors directly involved in the the outstanding debt. servicing the entire loan and will operation and management of the remain mortgagee or secured party of borrower. § 3575.3 Full faith and credit. record notwithstanding the fact that Problem loan. A loan which is not The Loan Note Guarantee constitutes another party may hold a portion of the complying with its terms and an obligation supported by the full faith loan. conditions. and credit of the United States and is (c) When a guaranteed portion of a Protective advances. Advances made not contestable except for fraud or loan is sold to a holder, the holder shall by the lender for the purpose of misrepresentation (including negligent have all rights of the lender under the preserving and protecting the collateral misrepresentation) of which the lender Loan Note Guarantee to the extent of the where the debtor has failed to, and will or holder has actual knowledge, portion purchased. The lender will not or cannot, meet obligations to participates in, or condones. A note remain bound by all the obligations protect or preserve collateral. which provides for the payment of under the Loan Note Guarantee, Public body. A municipality, county, interest on interest shall not be Lender’s Agreement, and Agency or other political subdivision of a State, guaranteed and any Loan Note program regulations. If the Agency special purpose district, an Indian tribe Guarantee or Assignment Guarantee makes a payment to a holder, then the on a Federal or State reservation, or Agreement attached to, or relating to, a lender must reimburse the Agency.

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(d) A lender will receive all payments Loan Note Guarantee. The Agency may construct, operate, and maintain the of principal and interest on the account attend such field inspections. Any proposed facility and services. They of the entire loan and will promptly inspections or review conducted by the must also have legal authority for remit to each holder a pro rata share, Agency, including those with the obtaining security and repaying the less any lender servicing fee. lender, are for the benefit of the Agency proposed loan. (e) The lender may retain all of the only and not for the benefit of other (2) The borrower shall be responsible unguaranteed portion of the loan or may parties of interest. Agency inspections for operating, maintaining, and sell part of the unguaranteed portion of do not relieve any parties of interest of managing the facility and services, and the loan through participation. their responsibilities to conduct providing for the continued availability However, the lender is required to retain necessary inspections. and use of the facility and services at 5 percent of the loan amount from the reasonable rates and terms. unguaranteed portion in their portfolio. § 3575.13 Appeals. (i) These responsibilities must be Only the borrower, lender, or holder exercised by the borrower even though §§ 3575.5Ð3575.7 [Reserved] can appeal an Agency decision. In cases the facility may be operated, § 3575.8 Access to lender's records. where the Agency has denied or maintained, or managed by a third party reduced the amount of final loss under contract, management agreement, Upon request by the Agency, the payment to the lender, the adverse or written lease. lender will permit representatives of the decision may be appealed only by the (ii) Leases may only be used when Agency (or other agencies of the U.S. lender. A decision by a lender adverse this is the only feasible way to provide Department of Agriculture authorized to the interest of the borrower is not a the service, is the customary practice to by that Department or the U.S. decision by the Agency, whether or not provide such service in the State, and Government) to inspect and make concurred in by the Agency. Appeals must provide for the borrower’s copies of any of the records of the will be handled in accordance with the management control of the facility. lender pertaining to the guaranteed regulations of the National Appeals (iii) Contracts, management loans. Such inspection and copying may Division, U.S. Department of agreements, or leases must not contain be made during regular office hours of Agriculture, published at 7 CFR part 11. options or other provisions for transfer the lender or at any other time the of ownership. lender and the Agency agree upon. § § 3575.14Ð3575.16 [Reserved] (3) The lender is responsible for reviewing any contracts, management § 3575.9 Environmental requirements. § 3575.17 Exception authority. agreements, or leases to determine that Requirements for an environmental The Administrator may, in individual they will not adversely impact the review or mitigation actions are cases, make an exception to any borrower’s repayment ability or the contained in part 1940, subpart G, of requirement or provision of this subpart security value of the guaranteed loan. this title. The lender must assist the or address any omission of this subpart (c) Borrower. (1) A public body such Agency to ensure that the lender’s provided the Administrator determines as a municipality, county, district, applicant complies with any mitigation that application of the requirement or authority, or other political subdivision measures required by the Agency’s provision, or failure to take action in the of a State located in a rural area. environmental review for the purpose of case of an omission, would adversely (2) An organization operated on a not- avoiding or reducing adverse affect the Government’s financial for-profit basis such as an association, environmental impacts of construction interest. Requests for exceptions must cooperative, or private corporation. For- or operation of the facility financed with be in writing by the State Director. profit corporations operated as not-for- the guaranteed loan. This assistance § § 3575.18Ð3575.19 [Reserved] profit corporations are eligible includes ensuring that the lender’s borrowers as long as they operate as a applicant is to take no actions (for § 3575.20 Eligibility. not-for-profit corporation for the example, initiation of construction) or (a) Availability of credit from other duration of their guaranteed loans. incur any obligations with respect to sources. The Agency must determine Single member corporations or their proposed undertaking that would that the borrower is unable to obtain the corporations owned or substantially either limit the range of alternatives to required credit without the loan controlled by other corporations or be considered during the Agency’s guarantee from private, commercial, or associations are not eligible environmental review process or which cooperative sources at reasonable rates organizations. Before a loan is made to would have an adverse effect on the and terms for loans for similar purposes a borrower other than a public body, the environment. If construction is started and periods of time. This determination articles of incorporation or the loan prior to completion of the shall become a part of the Agency agreement will include a condition environmental review and the Agency is casefile. The Agency must also similar to the following: deprived of its opportunity to fulfill its determine if an outstanding judgment If the corporation dissolves or ceases to obligation to comply with applicable obtained by the United States in a perform the community facility objectives environmental requirements, the Federal Court (other than the U.S. Tax and functions, the board of directors shall application for financial assistance may Court) has been entered against the distribute all business property and assets to be denied. Satisfactory completion of borrower or if the borrower has an one or more nonprofit corporations or public the environmental review process must outstanding delinquent debt with any bodies. This distribution must be approved occur prior to Agency approval of the by 75 percent of the users or members and Federal agency. Such judgment or must serve the public welfare of the applicant’s request or any commitment delinquency shall cause the potential of Agency resources. community. The assets may not be borrower to be ineligible to receive a distributed to any members, directors, § § 3575.10Ð3575.11 [Reserved] loan guarantee until the judgment is stockholders, or others having financial or paid in full or otherwise satisfied or the managerial interest in the corporation. § 3575.12 Inspections. delinquency is cured. Nothing herein shall prohibit the corporation The lender will notify the Agency of (b) Legal authority and responsibility. from paying its debts. any scheduled field inspections during (1) Each borrower must have, or will (3) A private nonprofit essential construction and after issuance of the obtain, the legal authority necessary to community facility (other than utilities)

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User rate schedules facilities authorized by paragraph (a) of items such as: for portions of existing systems or this section. (i) Association with, or controlled by, facilities that were developed under (2) To relocate private buildings, a local public body or bodies or broadly different financing, rates, terms, or roads, bridges, fences, or utilities, and based ownership and controlled by conditions do not necessarily constitute other private improvements necessary to members of the community. inequities. the successful operation or protection of (ii) Substantial public funding facilities authorized in paragraph (a) of through taxes, revenue bonds, or other § § 3575.21Ð3575.23 [Reserved] this section. local government sources, or substantial § 3575.24 Eligible loan purposes. (3) To pay the following expenses (but voluntary community funding such as only when such expenses are a (a) Funds may be used to construct, would be obtained through a necessary part of a loan to finance enlarge, extend, or otherwise improve community-wide funding campaign. facilities authorized in paragraph (a) of other essential community facilities (4) Indian tribes on Federal and State this section): providing essential service primarily to reservations and other federally (i) Reasonable fees and costs such as rural residents and rural businesses. recognized Indian tribes. origination fee, loan guarantee fee, legal, (1) Essential community facilities (d) Facility location. Facilities must be engineering, architectural, fiscal include, but are not limited to: located in rural areas, except: (i) Fire, rescue, and public safety, advisory, recording, environmental (1) For utility services such as natural (ii) Health services, impact analyses, archaeological surveys, gas or hydroelectric serving both rural (iii) Community, social, or cultural possible salvage or other mitigation and non-rural areas. In such cases, services, measures, planning and establishing or Agency funds may be used to finance (iv) Transportation facilities such as acquiring rights. only that portion serving rural areas, streets, roads, and bridges, (ii) Interest on loans until the facility regardless of facility location. (v) Telecommunication equipment, is self-supporting, but not for more than (2) Telecommunication projects. The (vi) Hydroelectric generating facilities 2 years unless a longer period is part of the facility located in a non-rural and related connecting systems and approved by the Agency; interest on area must be necessary to provide the appurtenances only when not eligible loans secured by general obligation essential services to rural areas. for financing under the authorities of bonds until tax revenues are available (e) Facilities for public use. All the Rural Utilities Service. Funds may for payment, but not for more than 2 facilities financed under the provisions not be used to finance other types of years unless a longer period is approved of this subpart shall be for public electrical generating or transmitting by the Agency’s National Office; and purposes. facilities, interest on interim financing. (1) Facilities will be installed to serve (vii) Supplemental and supporting (iii) Costs of acquiring interest in any user within the service area who structures for other rural electrification land; rights such as water rights, leases, desires service and can be feasibly and or telephone systems (including permits, rights-of-way, and other legally served. facilities such as headquarters and office evidence of land or water control (2) In no case will boundaries for the buildings, storage facilities, and necessary for development of the proposed service area be chosen in such maintenance shops) only when not facility. a way that any user or area will be eligible for financing under the (iv) Purchasing or renting equipment excluded because of race, color, authorities of the Rural Utilities Service, necessary to install, maintain, extend, religion, sex, marital status, age, (viii) Natural gas distribution systems, protect, operate, or utilize facilities. disability, or national origin. This does (ix) Industrial park sites (but only to (v) Initial operating expenses for a not preclude: the extent of land acquisition and period ordinarily not exceeding 1 year (i) Financing or constructing projects necessary site preparation) including when the borrower is unable to pay in phases when it is not practical to access ways and utility extensions to such expenses. finance or construct the entire project at and throughout the site. Funds may not (vi) Refinancing debts incurred by, or one time, and be used in connection with industrial on behalf of, a community when all of (ii) Financing or constructing facilities parks to finance on-site utility systems the following conditions exist: where it is not economically feasible to or business and industrial buildings, (A) The debts being refinanced are serve the entire area, provided economic and less than 50 percent of the total loan, feasibility is determined on the basis of (x) Recreational facilities. (B) The debts were incurred for the the entire system or facility and not by (2) Otherwise improve includes, but is facility or service being financed or any considering the cost of separate not limited to, the following: part thereof (such as interim financing, extensions to, or parts thereof. (i) The purchase of major equipment construction expenses, etc.), and Additionally, the borrower must (such as telecommunication equipment (C) Arrangements cannot be made publicly announce a plan for extending and X-ray machines) which will in with the creditors to extend or modify service to areas not initially receiving themselves provide an essential service the terms of the debts so that a sound service. Also, the borrower must to rural residents, basis will exist for making a loan. provide written notice to potential users (ii) The purchase of existing facilities, (4) To pay obligations for construction located in the areas not to be initially when necessary, either to improve or to incurred prior to filing a preapplication served. prevent a loss of service, and and application with the Agency. (3) The lender will determine that, (iii) Payment of tap fees and other Construction work must not be started when feasible and legally possible, utility connection charges as provided (and obligations for such work or inequities within the proposed project’s in utility purchase contracts. materials must not be incurred) before

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28341 the Conditional Commitment for Management Agency in a community Commitment for Guarantee from the Guarantee is issued. If there are that is not participating in the National present lender to a new eligible lender, compelling reasons for proceeding with Flood Insurance Program. provided: construction before the Conditional (1) The former lender states in writing § 3575.26 [Reserved] Commitment for Guarantee is issued, why it does not wish to continue to be lenders may request Agency approval to § 3575.27 Eligible lenders. the lender for this project; pay such obligations and not jeopardize (a) Eligible lenders. Eligible lenders (2) No substantive changes in a guarantee from the Agency. Such (as defined in this section) may ownership or control of the borrower request must comply with the following: participate in the loan guarantee has occurred; (i) Provide conclusive evidence that program. These lenders must be subject (3) No substantive changes in the the contract was entered into without to credit examination and supervision borrower’s written plan, scope of work, intent to circumvent the Agency by an appropriate agency of the United or changes in the purpose or intent of regulations. However, the Agency is not States or a State that supervises and the project has occurred; and required or obligated to pay a loss regulates credit institutions. A lender (4) No substantive changes in the loan unless a written guarantee is issued, must have the capability to adequately agreement or Conditional Commitment (ii) Modify the outstanding contract to service loans for which a guarantee is for Guarantee are required. conform with the provisions of this requested. Eligible lenders are: (b) The substitute lender must execute subpart. Where this is not possible, (1) Any Federal or State chartered a new application for loan and modifications will be made to the extent bank or savings and loan association; guarantee (available in any Agency practicable and, as a minimum, the (2) Any mortgage company that is a office). contract must comply with all State and part of a bank holding company; (c) If approved, the Agency will issue local laws and regulations as well as (3) Bank for Cooperatives, National a letter of amendment to the original statutory requirements and executive Rural Utilities Cooperative Finance Conditional Commitment for Guarantee orders related to the Agency financing. Corporation, Farm Credit Bank of the reflecting the new lender who will When construction is complete and it is Federal Land Bank, or other Farm Credit acknowledge acceptance of the offer in impracticable to modify the contract, System institution with direct lending writing. the borrower and lender must provide authority authorized to make loans of (d) Once the Conditional Commitment the certification required by paragraph the type guaranteed by this subpart; for Guarantee is issued, the Agency will (b)(4)(iii) of this section, (4) An insurance company regulated not approve any substitution of (iii) Provide a certification by an by a State or National insurance borrowers, including changes in the engineer or architect that any regulatory agency; form of the legal entity. Exceptions to a construction performed complies fully (5) State Bond Banks or State Bond change in the legal entity may be with the plans and specifications, and Pools; and requested when the original borrower is (iv) The borrower and the contractor (6) Other lenders that possess the replaced with substantially the same must have complied with all statutory legal powers necessary and incidental to individuals or officers with the same and executive order requirements making and servicing guaranteed loans interest as originally approved. involving community development-type related to Agency financing for § 3575.29 Fees and charges by lender. construction already performed even projects. These lenders must also be though the requirements may not have subject to credit examination and (a) Routine charges and fees. The been included in the contract supervision by either an appropriate lender may establish the charges and documents. agency of the United States or a State fees for the loan, provided they do not that supervises and regulates credit exceed those charged other borrowers § 3575.25 Ineligible loan purposes. institutions and provide documentation for similar types of transactions. Loan funds may not be used to acceptable to the Agency that they have ‘‘Similar types of transactions’’ mean finance: the ability to service the loan. Lenders those transactions involving the same (a) Properties to be used for under this category must be approved type of loan for which a non-guaranteed commercial rental when the borrower by the National Office prior to the loan borrower would be assessed has no control over tenants and services issuance of the loan guarantee. charges and fees. offered except for industrial-site (b) Conflict of interest. When the (b) Late payment fees. Late payment infrastructure development, lender’s officers, stockholders, directors, charges will not be covered by the Loan (b) Facilities primarily for the purpose or partners (including their immediate Note Guarantee. Such charges may not of housing Federal or State agencies, families) or the borrower, its officers, be added to the principal and interest (c) Community antenna television stockholders, directors, or partners due under any guaranteed note. Late services or facilities, (including their immediate families) payment charges may be made only if: (d) Telephone systems, own, or have management (1) They are routinely made by the (e) Facilities which are not modest in responsibilities in each other, the lender lender in all types of loan transactions; size, design, and cost, must disclose such business or (2) Payment has not been received (f) Finder’s and packager’s fees, ownership relationships. The Agency within the customary timeframe (g) Projects located within the Coastal will determine if such relationships are allowed by the lender; or Barriers Resource System that do not likely to result in a conflict of interest. (3) The lender agrees with the qualify for an exception as defined in This does not preclude lender officials borrower, in writing, that the rate or section 6 of the Coastal Barriers from being on the borrower’s board of method of calculating the late payment Resource Act, 16 U.S.C. 3501 et seq. directors. charges will not be changed to increase (available in any Agency office), charges while the Loan Note Guarantee (h) New combined sanitary and storm § 3575.28 Transfer of lenders or borrowers is in effect. water sewer facilities, or (prior to issuance of Loan Note Guarantee). (c) Guarantee fees. The guaranteed (i) Projects that are located in a (a) Prior to issuance of the loan loan fee will be the applicable guarantee special flood or mudslide hazard area as guarantee, the Agency may approve the fee rate multiplied by the principal loan designated by the Federal Emergency transfer of an outstanding Conditional amount multiplied by the percent of

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28342 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations guarantee. The one-time guarantee fee is Commitment for Guarantee and before the useful life of the facility, not to paid when the Loan Note Guarantee is the issuance of the Loan Note Guarantee exceed 40 years. issued. must be approved by the Agency. (c) Balloon payments. The principal (1) The fee will be paid to the Agency Approval of such change will be shown balance should be properly amortized by the lender and is nonreturnable. The as an amendment to the Conditional within the prescribed loan maturity. lender may pass the fee to the borrower. Commitment for Guarantee. Balloon payments at the end of the loan (2) The guarantee fee rates are (d) Different rates on guaranteed and are prohibited. available in any Agency office. unguaranteed portion of the loan. It is §§ 3575.35Ð3575.36 [Reserved] permissible to have one interest rate on § 3575.30 Loan guarantee limitations. the guaranteed portion of the loan and § 3575.37 Insurance and fidelity bonds. The percentage of guarantee, up to the another interest rate on the The lender must provide evidence maximum allowed by this section, is a unguaranteed portion of the loan, that the borrower has adequate matter for negotiation between the provided the lender and borrower agree, insurance and fidelity bond coverage by lender and the Agency. and: loan closing or start of construction, (a) The maximum guarantee is 90 (1) The rate on the unguaranteed whichever occurs first. Adequate percent of eligible loss. portion does not exceed that currently coverage must be maintained for the life (b) The lender will retain a minimum being charged on loans for similar of the loan and is subject to Agency of 5 percent of the total loan amount. purposes to borrowers under similar review and approval. The retained amount must be from the circumstances; and, §§ 3575.38Ð3575.39 [Reserved] unguaranteed portion of the loan and (2) The rate on the guaranteed portion cannot be participated to another of the loan will not exceed the rate on § 3575.40 Equal opportunity and Fair lender. the unguaranteed portion. This Housing Act requirements. §§ 3575.31Ð3575.32 [Reserved] requirement does not apply when the (a) Equal Credit Opportunity Act. The unguaranteed rate is variable and the lender will comply with the § 3575.33 Interest rates. guaranteed portion is fixed. requirements of title V of the Equal (a) General. Rates will be negotiated (e) Multi-rates. When multi-rates are Credit Opportunity Act (15 U.S.C. 1691 between the lender and the borrower. used, the lender will provide the et seq.). (See the Federal Reserve Board They may be either fixed or variable Agency with the overall effective Regulation, 12 CFR part 202.) rates. Interest rates will be those rates interest rate for the entire loan. Multi- (b) Fair Housing Act. Certain housing- customarily charged borrowers in rate loans may be either fixed, variable, related projects such as nursing homes, similar circumstances in the ordinary or a combination of fixed and variable. group homes, or assisted-living facilities course of business and are subject to When a combination of fixed and must comply with the requirements of Agency review and approval. variable interest rates are used, the the Fair Housing Act (42 U.S.C. 3601 et (b) Variable rate publication. A interest rate for the unguaranteed seq.). This includes completion of an variable interest rate must be tied to a portion will not be lower than the Affirmative Fair Housing Marketing base rate published periodically in a guaranteed portion of the loan. Plan and compliance with the Housing recognized national or regional financial and Urban Development accessibility publication specifically agreed to by the § 3575.34 Terms of loan repayment. guidelines except for areas open to the lender and borrower. Such an agreement (a) General. Principal and interest on public which are covered by the must be documented in the borrower or the loan will be due and payable as Americans with Disabilities Act (42 lender loan agreement. provided in the note except, any interest U.S.C. 12181 et seq.). The lender will (1) Interest rate caps and incremental accrued as the result of the borrower’s determine that the borrower has a valid adjustment limitations will also be default on the guaranteed loan over and plan in effect at all times. negotiated between the lender and the above that which would have accrued at § 3575.41 [Reserved] borrower. Notice of any interest rate the note rate on the guaranteed loan will change proposed by the lender should not be guaranteed by the Agency. The § 3575.42 Design and construction allow a sufficient time period for the lender will structure repayments as requirements. borrower to obtain any required State or established in the loan agreement The lender will provide the Agency other regulatory approval and to between the lender and borrower. with a written certification at the end of implement any user rate adjustments Ordinarily, such installments will be construction that all funds were utilized necessary as a result of the interest rate scheduled for payment as agreed upon for authorized purposes. The borrower change. The intervals between interest by the lender and borrower on terms and the lender will authorize designs rate adjustments will be specified in the that reasonably ensure repayment of the and plans based upon the preliminary loan agreement (but not more often than loan. However, the first installment to architectural and engineering reports or quarterly). include a repayment of principal may be plans approved by the lender and (2) The lender must incorporate scheduled for payment after the project concurred in by the Agency. The within the variable rate note, the is operable and has begun to generate borrower will take into consideration provision for adjustment of payments income. Such installment must be due any lender or Agency comments when coincident with an interest rate and payable within 3 years from the the facility is being designed. adjustment. This will ensure the date of the note and at least annually (a) Architectural and engineering outstanding principal balance is thereafter. Interest will be due at least practices. All project facilities must be properly amortized within the annually from the date of the note. designed utilizing accepted prescribed loan maturity and eliminate Monthly payments will be required architectural and engineering practices the possibility of a balloon payment at except for borrowers with income and must conform to applicable Federal, the end of the loan. limited to less frequent intervals. State, and local codes and requirements. (c) Changes. Any change in the (b) Term length. The maximum time The lender must ensure that the interest rate between the date of allowable for final maturity for a planned project will be completed issuance of the Conditional guaranteed CP loan will be limited to within the available funds and, once

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Security must be with the approved plans, specifications, determining the credit quality and of such a nature that repayment of the and contract documents and that funds economic feasibility of the proposed loan is reasonably ensured when are used for eligible project costs. The loan and must address all elements of considered with the integrity and ability lender must expeditiously report any the credit quality in a written financial of project management, soundness of problems in project development to the feasibility analysis which includes the project, and the borrower’s Agency. adequacy of equity, cash flow, security, prospective earnings. The security may (c) Equal employment opportunities. history, and management capabilities. include, but is not limited to, the For all construction contracts in excess Financial feasibility reports must take following: General obligation bonds, of $10,000, the contractor must comply into consideration any interest rate revenue bonds, pledge of taxes or with Executive Order 11246 entitled adjustment which may be instituted assessments, assignment of facility ‘‘Equal Employment Opportunity’’ as under the terms of the note. The revenue, land, easements, rights-of-way, amended and as supplemented by lender’s financial credit analysis may water rights, buildings, machinery, applicable Department of Labor also serve as the feasibility analysis equipment, accounts receivable, regulations (41 CFR part 60–1). The when sufficient evidence is included to contracts, cash, or other accounts or borrower and lender are responsible for determine economic feasibility as well assignments of leases or leasehold ensuring that the contractor complies as financial viability. interest. with these requirements. (a) Financial feasibility. The borrower, (c) Separate security. All security (d) Americans with Disabilities Act. lender, or other qualified entity must must secure the entire loan. The lender Community Facilities loans which prepare the financial feasibility analysis will not take separate security to secure involve the construction of, or addition (suggested financial feasibility only the unguaranteed portion of the to, facilities that accommodate the guidelines are available in any Agency loan. The lender will not require public and commercial facilities as office) in the following instances: compensating balances or certificates of defined by the Americans with (1) Facilities primarily used for fire deposit as a means of eliminating the Disabilities Act (42 U.S.C. 12181—et and rescue services; lender’s exposure on the unguaranteed seq.) must comply with that Act. The portion of the loan. lender and borrower are responsible for (2) Facilities that are not dependent compliance. on facility revenues for debt payment; §§ 3575.49Ð3575.51 [Reserved] (3) Loans of less than $500,000; or § 3575.52 Processing. § 3575.43 Other Federal, State, and local (4) Projects in which the borrower has requirements. operated similar facilities on a (a) Preapplications. (1) The In addition to the specific financially successful basis. preapplication package must be requirements of this subpart and (b) Utility projects. The borrower’s submitted either alone or the necessary beginning on the date of issuance of the consulting engineer may complete the information may be submitted Loan Note Guarantee, proposals for financial feasibility analysis for utility simultaneously with the application. facilities financed in whole or in part systems. The preapplication package will with a loan guaranteed by the Agency contain: will be coordinated with all appropriate (c) Other community facilities. (i) An Application for Federal Federal, State, and local agencies. Financial feasibility reports for all other Assistance on a form provided by the Borrowers and lenders will be required facilities must be prepared by a Agency (available in any Agency office); to comply with any Federal, State, or qualified entity not having a direct (ii) State intergovernmental or other local laws or regulatory commission interest in the management of the type review comments and rules which are in existence and which facility. The lender may prepare the recommendations for the borrower’s affect the project including, but not feasibility study if qualified staff is project (clearinghouse comments, if limited to: available. applicable); (a) Organization and authority to (d) Exceptions. The Agency loan (iii) Supporting documentation design, construct, develop, operate, and approval official may exempt the lender necessary to make an eligibility maintain the proposed facilities; from the requirement for an determination such as financial (b) Borrowing money, giving security, independent financial feasibility report statements, audits, copies of and raising revenues for repayment; (when requested by the borrower and organizational documents, existing debt (c) Land use zoning; the lender) provided the approval instruments, etc.; and (d) Health, safety, and sanitation official determines that the financial (iv) Documentation of lender standards; and feasibility analysis prepared by the eligibility in accordance with § 3575.27. (e) Protection of the environment and borrower fairly represents the financial (2) If the Agency determines that the consumer affairs. feasibility of the facility and the project may meet requirements and is financial feasibility analysis contains an §§ 3575.44±3575.46 [Reserved] likely to be funded, the lender must accurate projection of the usage, submit a complete application if it has § 3575.47 Economic feasibility revenues, and expenses of the facility. not previously submitted one. The requirements. (e) Insufficient information. When the Agency must do an environmental All projects financed under the lender or Agency has insufficient review before further processing will be provisions of this section must be based information to determine the borrower’s completed. on taxes, assessments, revenues, fees, or repayment ability, an independent (b) Applications. Contents of other sources of revenues in an amount feasibility analysis is required. application package:

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(1) Application for Loan and (c) Modifications. The lender agrees adverse change in the borrower during Guarantee on a form prescribed by the that once the Conditional Commitment the period of time from the Agency’s Agency (available in any Agency office); for Guarantee is issued and accepted by issuance of the Conditional (2) Proposed loan agreement; the lender and borrower, it will not be Commitment for Guarantee to issuance (3) Request for Environmental modified as to the scope of the project, of the Loan Note Guarantee. The Information (available in any Agency overall facility concept, project purpose, lender’s certification must address all office); use of proceeds, or other terms and adverse changes of the borrower and the (4) Preliminary architectural or conditions. guarantors. For purposes of this engineering report; paragraph, the term borrower includes (5) Cost estimates; § § 3575.60±3575.62 [Reserved] any parent, affiliate, or subsidiary of the (6) Appraisal reports (as appropriate); § 3575.63 Conditions precedent to borrower. (7) Credit reports; issuance of the Loan Note Guarantee. (12) All Federal, State, and local (8) Financial feasibility analysis and design and construction requirements The Loan Note Guarantee will not be report; and have been met. issued until: (9) Any additional information (13) The lender understands and will (a) The lender certifies that: required. meet the requirements of the Debt (1) No changes have been made in the Collection Act (chapter 37 of title 31 of § 3575.53 Evaluation of application. lender’s loan conditions and the United States Code). If the Agency determines that the requirements since the issuance of the (14) The lender would not make the borrower is eligible, the proposed loan Conditional Commitment for Guarantee loan without an Agency guarantee. is for an eligible purpose, there is except those approved in the interim by (b) The lender has executed and reasonable assurance of repayment the Agency in writing. delivered the Lender’s Agreement and ability, sufficient collateral and equity (2) All planned property acquisition closing report for the guaranteed loan exists, the proposed loan complies with has been completed and all along with the appropriate guarantee all applicable statutes and regulations, development has been substantially fee. the environmental review is complete completed in accordance with plans, (c) The lender has advised the Agency and considered in determining specifications, and applicable building of plans to sell or assign any part of the compliance, and adequate funds are codes. No costs have exceeded the loan as provided in the Lender’s available, the Agency will provide the amounts approved by the lender and the Agreement. lender and the borrower with the Agency. (d) Where applicable, the lender must Conditional Commitment for Guarantee, (3) Required insurance is in effect. certify that the borrower has obtained: listing all conditions for the guarantee. (4) All equal opportunity and Fair (1) A legal opinion relative to the title Applicable requirements will include Housing Plan requirements have been to rights-of-way and easements. Lenders the following: met. are responsible for ensuring that (a) Approved use of guaranteed loan (5) The loan has been properly closed borrowers have obtained valid, funds (source and use of funds); and the required security instruments continuous, and adequate rights-of-way (b) Rates and terms of the loan; have been obtained on any after- and easements needed for the (c) Scheduling of payments; acquired property that cannot be construction, operation, and (d) Number of customers; covered initially under State statutory maintenance of a facility. (e) Security and lien priority; provisions. (2) A title opinion or title insurance (f) Appraisals; (6) The borrower has marketable title showing ownership of the land and all (g) Insurance and bonding; to the collateral then owned by the mortgages or other lien defects, (h) Financial reporting; borrower, subject to the instrument restrictions, or encumbrances, if any. It (i) Equal opportunity and securing the loan to be guaranteed and is the responsibility of the lender to nondiscrimination; subject to any other exceptions ensure that the borrower has obtained (j) Environment or mitigation; approved, in writing, by the Agency. and recorded such releases, consents, or (k) Americans with Disabilities Act; (7) When required, the entire amount subordinations to such property rights (l) By-laws and articles of of the loan for working capital has been from holders of outstanding liens or incorporation changes; and disbursed except in cases where the other instruments as may be necessary (m) Other requirements necessary to Agency has approved disbursement over for the construction, operation, and protect the Government. an extended time. maintenance of the facility and to § § 3575.54±3575.58 [Reserved] (8) All other requirements of the provide the required security. For Conditional Commitment for Guarantee example, when a site is for major § 3575.59 Review of requirements. have been met. structures for utility-type facilities (such (a) Lender and borrower. The lender (9) Lien priorities are consistent with as a gas distribution system) and the and borrower must complete and sign requirements of the Conditional lender and borrower are able to obtain the Acceptance of Conditions and return Commitment for Guarantee. only a right-of-way or easement on such a copy to the Agency as soon as (10) The loan proceeds have been a site rather than a fee simple title, such possible. Notwithstanding the preceding disbursed for purposes and in amounts a title opinion must be requested. sentence, if certain conditions cannot be consistent with the Conditional (e) For loans exceeding $150,000, the met, the lender and borrower may Commitment for Guarantee and as lender has certified its compliance with propose alternate conditions for Agency specified on the application for the the Anti-Lobby Act (18 U.S.C. 1913). consideration. guaranteed loan. A copy of a detailed Also, if any funds have been, or will be, (b) Cancellation. If the lender decides statement by the lender detailing the use paid to any person for influencing or at any time after receiving a Conditional of loan funds will be attached to support attempting to influence an officer or Commitment for Guarantee that it no this certification. employee of any agency, a Member of longer wants a guarantee, the lender (11) There has been no substantive Congress, an officer or employee of must immediately advise the Agency of adverse change in the borrower’s Congress, or an employee of a Member the cancellation. financial condition nor any other of Congress in connection with this

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The lender must be issued before the Conditional will prepare and deliver a guaranteed notify the Agency of any violation of the Commitment expires, the lender must loan closing report for each loan to be loan agreement with the borrower submit a written request for an guaranteed and a guarantee fee to the within 30 days of such violation. extension of the expiration date. The Agency in return for the Loan Note (b) Financial reports. The lender must lender must document and certify to Guarantee. obtain the financial statements required paragraph (a)(1) and (a)(11) of this § 3575.65 Lender's sale or assignment of by the Loan Agreement. The lender section specifically identifying any the guaranteed portion of loan. must submit the borrower’s annual modifications. The lender may retain all of the financial statements to the Agency (g) Coincident with, or immediately guaranteed loan. The lender must not within 120 days of the end of the after, loan closing, the lender will sell or participate any amount of the borrower’s fiscal year. The lender must contact the Agency and provide those guaranteed or non-guaranteed portion of analyze the financial statements and documents and certifications required the loan to the borrower or to members provide the Agency with a written in this section. For loans to public of the borrower’s immediate families, summary of the lender’s analysis and bodies, lenders may require an opinion the borrower’s officers, directors, conclusions, including trends, strengths, from recognized bond counsel regarding stockholders, other owners, or a weaknesses, extraordinary transactions, the adequacy of the preparation and subsidiary or affiliate. Disposition of the and other indications of the financial issuance of the debt instruments. Only guaranteed portion of a loan may not be condition of the borrower. Additionally, when the Agency is satisfied that all made prior to full disbursement, when applicable, the lender will require conditions for the guarantee have been completion of construction, and an audit in accordance with Office of met will the Loan Note Guarantee be acquisition of real estate and equipment Management and Budget (OMB) executed. without the prior written approval of circulars (available in any Agency § 3575.64 Issuance of Lender's the Agency. If the lender desires to office). Agreement, Loan Note Guarantee, and market all or part of the guaranteed (c) Delinquent loans. The lender will Assignment Guarantee Agreement. portion of the loan at, or subsequent to, service delinquent loans in accordance (a) Lender’s Agreement. If the Agency loan closing, the loan must not be in with the Lender’s Agreement and finds that all requirements have been default. reasonable and prudent lending met, the lender and the Agency will (a) Assignment. Any sale or standards. execute the Lender’s Agreement. The assignment by the lender of the (d) Loan balances. The lender must original will be retained by the Agency guaranteed portion of the loan must be report to the Agency the outstanding and a signed duplicate original will be accomplished in accordance with the principal and interest balance on each retained by the lender. A separate conditions in the Lender’s Agreement. guaranteed loan semiannually. Lender’s Agreement must be executed (b) Participation. The lender may (e) Collateral inspections. The lender for each loan to be guaranteed by the obtain participation in the loan under will inspect the collateral as often as Agency. its normal operating procedures. necessary to properly service the loan. (c) Minimum retention. The lender is (b) Loan Note Guarantee. (1) Upon § § 3575.70Ð3575.72 [Reserved] receipt of the executed Lender’s required to hold in its own portfolio or Agreement and after all requirements retain a minimum of 5 percent of the § 3575.73 Replacement of loss, theft, have been met, the Agency will execute total loan amount. This amount must be destruction, mutilation, or defacement of the Loan Note Guarantee. All originals of the non-guaranteed portion of the Loan Note Guarantee or Assignment of the Loan Note Guarantee will be loan and cannot be participated to Guarantee Agreement. provided to the lender and attached to another. The lender may sell the (a) Replacement of Loan Note the note. remaining amount of the non- Guarantee. The Agency may issue a (2) If the lender has selected the guaranteed portion of the loan only replacement Loan Note Guarantee or multi-note system, a Loan Note through participation. Assignment Guarantee Agreement Guarantee will be prepared and attached § § 3575.66Ð3575.68 [Reserved] which may have been lost, stolen, to each note the borrower issues. All the destroyed, mutilated, or defaced to the notes will be listed on the Loan Note § 3575.69 Loan servicing. lender or holder upon receipt of a Guarantee. Not more than ten notes will (a) Lender responsibilities. The lender certificate of loss and an indemnity be issued for the guaranteed portion is responsible for servicing the entire bond in accordance with this section. (unless the Agency and borrower agree loan in accordance with the lender’s (b) Lender responsibilities. When a otherwise) and one note issued for the loan agreement. The unguaranteed Loan Note Guarantee or Assignment unguaranteed portion. portion of the loan will not be paid first Guarantee Agreement is lost, stolen, (c) Assignment of Guarantee. In the nor given any preference or priority over destroyed, mutilated, or defaced while event the lender assigns the guaranteed the guaranteed portion of the loan. The in the custody of the lender or holder, portion of the loan to a holder, the lender is responsible for taking all the lender will coordinate the activities lender, holder, and Agency will execute servicing actions that a prudent lender of the party who seeks the replacement an Agency prescribed Assignment would perform in servicing a portfolio documents and will submit the required Guarantee Agreement. of loans that are not guaranteed. This documents to the Agency for processing. (d) Failure to meet conditions. If the responsibility includes, but is not The requirements for replacement are as Agency determines that it cannot limited to, the collection of payments; follows: execute the Loan Note Guarantee obtaining compliance with the (1) A certificate of loss properly because all requirements have not been covenants and provisions in the note, notarized which includes:

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(i) Legal name and present address of The lender will continue to keep the guaranteed portion together with either the lender or the holder who is Agency informed on a bimonthly basis accrued interest to date of repurchase requesting the replacement forms; until such time as the loan is no longer (less the lender’s servicing fee) within (ii) Legal name and address of the in default. If a monetary default exceeds 30 days after written demand to the lender of record; 60 days, the lender will arrange a Agency. The guarantee will not cover (iii) Capacity of person certifying; meeting with the borrower to resolve the the note interest to the holder on the (iv) Full identification of the Loan default. The lender will provide a guaranteed loan accruing after 90 days Note Guarantee or Assignment summary of the meeting and any from the date of the original demand Guarantee Agreement, including the decisions or actions agreed upon. letter. The lender shall not charge the name of the borrower, Agency case (b) Servicing options. In considering Agency any servicing fees nor are any number, date of the Loan Note servicing options, the prospects for such fees collectible from the Agency. Guarantee, Assignment Guarantee providing a permanent cure without (2) The holder’s demand to the Agreement, face amount of the evidence adversely affecting the risks to the Agency must include a copy of the of debt purchased, date of evidence of Agency and the lender must be the written demand made upon the lender. debt, present balance of the loan, paramount objective. Temporary The holder or duly authorized agent percentages of guarantee and, if curative actions (such as payment must also include evidence of the right Assignment Guarantee Agreement, the deferments or collateral subordination) to require payment from the Agency. original named holder and the must strengthen the loan and be in the Such evidence will consist of either the percentage of the guaranteed portion of best financial interest of the lender and original of the Loan Note Guarantee the loan assigned to that holder. Any the Agency. Some of these actions may properly endorsed to the Agency or the existing parts of the document to be require concurrence of the holder. original of the Assignment Guarantee replaced must be attached to the (c) Multi-note. If the loan was closed Agreement properly assigned to the certificate; with the multi-note option, the lender Agency without recourse including all (v) A full statement of circumstances may need to possess all notes to take rights, title, and interest in the loan. The of the loss, theft, or destruction of the some servicing actions. In those Agency will be subrogated to all rights Loan Note Guarantee or Assignment situations when the Agency is holder of of the holder. The holder must include Guarantee Agreement; and some of the notes, the Agency may in the demand the amount due (vi) The holder shall present evidence endorse the notes back to the lender, including unpaid principal, unpaid demonstrating current ownership of the provided a proper receipt is received interest to date of demand, and interest Loan Note Guarantee and Note or from the lender which defines the subsequently accruing from the date of Assignment Guarantee Agreement. If the reason for the transfer. Under no demand to the proposed payment date. present holder is not the same as the circumstances will the Agency endorse Unless otherwise agreed to by the original holder, a copy of the the original Loan Note Guarantee to the Agency, such proposed payment will endorsement of each successive holder lender. not be later than 30 days from the date in the chain of transfer from the initial of demand. holder to present holder must be § § 3575.76Ð3575.77 [Reserved] (3) The lender must promptly provide included. If copies of the endorsement the Agency with the information § 3575.78 Repurchase of loan. necessary for the Agency’s cannot be obtained, best available (a) Repurchase by lender. The lender records of transfer must be presented to determination of the appropriate has the option to repurchase the loan amount due the holder upon the the Agency (e.g., order confirmation, from a holder within 30 days of written canceled checks, etc.). Agency’s notification to the lender of demand from the holder when the the holder’s demand for payment. This (2) An indemnity bond acceptable to borrower is in default not less than 60 the Agency shall accompany the request information must be certified by an days on payment. The repurchase will authorized officer of the lender. Any for replacement except when the holder be for an amount equal to the unpaid is the United States, a Federal Reserve discrepancy between the amount guaranteed portion of principal and claimed by the holder and the Bank, a Federal Government accrued interest less the lender’s corporation, a State or Territory, or the information submitted by the lender servicing fee. The guarantee does not must be resolved before payment will be District of Columbia. cover the note interest to the holder on (3) All indemnity bonds must be approved. The Agency will notify both the guaranteed loan accruing after 90 parties and such conflict will suspend issued and payable to the United States days from the date of the demand letter the running of the 30-day payment of America. The bond shall be in an to the lender. The holder will requirement. amount not less than the unpaid concurrently send a copy of the demand (4) Any purchase by the Agency does principal and interest. The bond shall to the Agency. The lender will accept an not change, alter, or modify any of the hold the Government harmless against assignment without recourse from the lender’s obligations to the Agency any claim or demand which might arise holder upon repurchase. The lender is arising from the loan or guarantee nor or against any damage, loss, costs, or encouraged to repurchase the loan to does it waive any of the Agency’s rights expenses which might be sustained or facilitate the accounting of funds, against the lender. The Agency may set incurred by reasons of the loss or resolve the problem, and permit the off against the lender all rights inuring replacement of the instruments. borrower to cure the default, where to the Agency as the holder of the § 3575.74 [Reserved] reasonable. The lender will notify the instrument against the Agency’s holder and the Agency of its decision obligation to the lender under the Loan § 3575.75 Defaults by borrower. within 30 days of receipt of demand Note Guarantee. (a) Lender notification to Agency. The from the holder. (c) Repurchase for servicing. When lender must notify the Agency when a (b) Agency repurchase. (1) If the the lender determines that repurchase of borrower is 30 days past due on a lender does not repurchase as provided the guaranteed portion of the loan is payment, has not met its responsibilities in paragraph (a) of this section, the necessary to service the loan, the holder of providing the required financial Agency will purchase from the holder must sell the guaranteed portion to the statements, or is otherwise in default. the unpaid principal balance of the lender for the unpaid principal and

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The lender must not lender concludes that liquidation of the liquidation expenses expected to be repurchase from the holder for arbitrage guaranteed loan is necessary because of incurred and justification for each purposes to further its own financial default or third party actions that the expense; gain. Any repurchase must be made borrower cannot, or will not, cure or (7) A schedule to periodically report only after the lender obtains the Agency eliminate within a reasonable period of to the Agency on the progress of the written approval. If the lender does not time and the Agency concurs with the liquidation; repurchase the portion from the holder, lender; or the Agency, at any time, (8) Estimated protective advance the Agency may, at its option, purchase independently concludes that amounts with justification; such guaranteed portion for servicing liquidation is necessary. The lender will (9) Proposed protective bid amounts purposes. proceed as expeditiously as possible, on collateral to be sold at auction and including giving any notices or taking a discussion of how the amounts were § 3575.79 [Reserved] any legal actions required by the determined; security instruments. (10) If a voluntary conveyance is § 3575.80 Interest rate changes after loan (a) General. If a lender has made a closing. considered, the proposed amount to be loan guaranteed by the Agency under credited to the guaranteed debt; (a) General. Subject to the restrictions previous regulations, the lender has the (11) Legal opinions, as needed; and below, the borrower, lender, and holder option to liquidate the loan under the (12) If the outstanding balance of (if any) may collectively effect a provisions of this subpart or under the principal and interest is less than permanent reduction in the interest rate provisions of previous regulations. The $250,000, the lender will obtain an on the guaranteed loan at any time lender will notify the Agency in writing estimate of fair market and potential during the life of the loan on written within 10 days after its decision to liquidation value of the collateral. If the agreement by all of the applicable liquidate, which regulatory provisions it outstanding balance of principal and parties. After such a permanent chooses to use. The lender may not interest is $250,000 or more, the lender reduction, the Loan Note Guarantee will choose some provisions of one will obtain an independent appraisal only cover losses of interest at the regulation and other provisions of the report on all collateral securing the loan reduced interest rate. The Agency must other regulation. which will reflect the fair market value be notified by the lender, in writing, (b) Acquiring property titles. If a and potential liquidation value. The within 10 calendar days of the change. lender acquires title to property, the independent appraiser’s fee will be When the Agency is a holder, it will Agency may elect to permit the lender shared equally by the Agency and the concur only when it is demonstrated the option of calculating the final loss lender. that the change is more viable than settlement using the net proceeds (d) Partial liquidation plan. If actions liquidation and that the Government’s received at the time of the ultimate are necessary to immediately preserve financial interests are not adversely disposition of the property. The lender and protect the collateral, a partial affected. Factors which will be must submit to the Agency a written liquidation plan may be submitted and, considered in making such request to use this option within 15 when approved, must be followed by a determination are the Government’s cost days of acquiring title and the Agency complete liquidation plan prepared by of borrowing money and the project’s must agree, in writing, prior to the the lender. enhancement of rural development. The lender submitting any request for (e) Disposition of collateral. monetary recovery must be greater than estimated loss payment. Disposition of collateral acquired by the the liquidation recovery, and a financial (c) Liquidation plan. The lender will lender must be approved, in writing, by feasibility analysis must show the (within 30 days after a decision to the Agency when: project’s continued viability. liquidate) submit to the Agency, in (1) The lender’s cost to acquire the (1) Fixed rates cannot be changed to writing, a proposed, detailed liquidation collateral of a borrower exceeds the variable rates to reduce the interest rate plan. Upon approval by the Agency of potential recovery value of the security to the borrower unless the variable rate the liquidation plan, the lender will and the lender proposes abandoning the has a ceiling which is less than the commence liquidation. The lender’s collateral in lieu of liquidation; or original fixed rate. liquidation plan must include, but is not (2) The acquired collateral is to be (2) Variable rates can be changed to a limited to, the following: sold to the borrower, borrower’s lower fixed rate. In a final loss (1) Such proof as the Agency requires stockholders or officers, or the lender or settlement when qualifying rate changes to establish the lender’s ownership of lender’s stockholders or officers. are made with the required written the guaranteed loan notes and related (f) Agency liquidation. The Agency agreements and notification, the interest security instruments, a copy of the will liquidate at its option only when it will be calculated for the periods the payment ledger or other documentation is a holder and there is reason to believe given rates were in effect. The lender which reflects the outstanding loan the lender is not likely to initiate must maintain records which balance and accrued interest to date, liquidation efforts that will result in adequately document the accrued and the method of computing the maximum recovery. When the Agency interest claimed. interest; liquidates, reasonable liquidation (3) The lender is responsible for the (2) A complete list of collateral; expenses will be assessed against the legal documentation of interest rate (3) The recommended liquidation proceeds derived from the sale of the changes. However, the lender may not methods for making the maximum collateral. issue a new note. collection possible on the indebtedness (g) Final loss payment. Final loss (b) Increases. No increases in interest and the justification for such methods, payments will be made only after all rates will be permitted under the loan including the recommended action for collateral has been properly accounted guarantee except the normal acquiring and disposing of all collateral; for and liquidation expenses are

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In the event that estimated loss payment must be to being used by the trustee in the estimated loss payment exceeds the credited as a deduction from the bankruptcy or the debtor in possession; actual loss, the lender will reimburse principal balance of the loan. (4) Where appropriate, seeking the Agency the amount in excess of the involuntary conversion of a pending actual loss plus interest at the note rate § 3575.82 [Reserved] chapter 11 case to a liquidation from the date of the estimated loss § 3575.83 Protective advances. proceeding or seeking dismissal of the payment. proceedings; and Protective advances can only be (5) Keeping the Agency adequately § § 3575.86Ð3575.87 [Reserved] added to the loan account for purposes and regularly informed, in writing, of all § 3575.88 Transfers and assumptions. of requirements to preserve the value of aspects of the proceedings. the security. Protective advances (c) Appraisals. In a chapter 9 or (a) General. For all transfers and constitute an indebtedness of the chapter 11 reorganization, the lender assumptions, the lender must concur in borrower to the lender and must be must obtain an independent appraisal of the plans for disposition of funds in the secured by collateral to the same extent the collateral if the Agency believes an transferor’s debt service, reserve, and as principal and interest. Protective independent appraisal is necessary. The operation and maintenance account. advances include, but are not limited to, Agency and the lender will share the The Agency will approve, in writing, advances made for taxes, annual appraisal fee equally. transfers and assumptions of loans to assessments, ground rent, hazard and (d) Liquidation expenses. Only transferees who will continue the flood insurance premiums affecting the expenses authorized by the court of original purpose of the guaranteed loan collateral (including any other expenses chapter 11 reorganizations, or chapters subject to the following applicable necessary to protect the collateral). 11 or 7 liquidation (unless the provisions: Attorney fees are not a protective liquidation is by the lender), may be (1) When the transaction is to a advance. deducted from the collateral proceeds. member of the borrower’s organization, (a) Agency approval. The Agency (e) Repurchase from the holder. The it will be at an amount which will not must approve, in writing, all protective Agency or the lender, with the approval result in a loss to the lender. advances on loans within its loan of the Agency, may initiate the (2) Transfers to eligible borrowers will approval authority which exceed a total repurchase of the unpaid guaranteed receive preference if recovery to the cumulative advance amount of $5,000 to portion of the loan from the holder. If lender from the sale price is not less the same borrower. Protective advances the lender is the holder, an estimated than it would be if the transfer was to must be reasonable when associated loss payment may be filed at the an ineligible borrower. with the value of the collateral being initiation of a chapter 7 proceeding or (3) The present borrower is unable or preserved. after a chapter 11 proceeding becomes a unwilling to accomplish the objectives liquidation proceeding. Any loss of the guaranteed loan, and the transfer (b) Preserving collateral. When payment on loans in bankruptcy must will be to the lender’s and Agency’s considering protective advances, sound be approved by the Agency. advantage. judgment must be exercised in (f) Chapter 11 bankruptcy. If a (4) The transferee will assume an determining that the additional funds borrower has filed for protection under amount at least equal to either the advanced will actually preserve chapter 11 of the United States Code for present market value or the debt, collateral and recovery is actually a reorganization (but not chapter 13) whichever is less. enhanced by making the advance. and all or a portion of the debt has been (b) Transfers to an eligible borrower. § 3575.84 Additional loans or advances. discharged, the lender may request an (1) The total indebtedness may be estimated loss payment of the transferred to an eligible borrower on The lender will not make additional guaranteed portion of the accrued the same terms. expenditures or new loans to the interest and principal discharged by the (2) The total indebtedness may be borrower without first obtaining the court. If the court approves revisions to transferred to another eligible borrower written approval of the Agency even the chapter 11 reorganization plan, on different terms not to exceed those though such expenditures or loans will subsequent estimated loss payments terms for which an initial guaranteed not be guaranteed. may be requested in accordance with loan can be made. § 3575.85 Bankruptcy. the court approved changes. Once the (3) Less than the total indebtedness reorganization plan has been may be transferred to another eligible (a) Calculating losses. Report of Loss satisfactorily completed, the lender is borrower on the same or different terms form (available in any Agency office) responsible for submitting the and the pro rata share of any eligible will be used for calculating estimated documentation necessary for the Agency loss paid to the lender. and final loss determinations. to review and adjust the estimated loss (4) A guaranteed loan for which the (b) Lender responsibility. The lender claim to reflect any actual discharge of transferee is eligible may be made in is responsible for protecting the principal and interest and to reimburse connection with a transfer subject to the guaranteed loan debt and all the the lender for any court ordered policies and procedures governing the collateral securing it in bankruptcy interest-rate reduction under the terms type of loan being made. proceedings. These responsibilities of the reorganization plan. (5) If the transferor is to receive a include, but are not limited to, the (g) Agency approval of estimated payment for the equity, the total debt following: liquidation expenses. The Agency must must be assumed. (1) Filing a proof of claim, where approve, in advance and in writing, the (c) Ineligible borrower. Transfers to necessary, and all necessary papers and lender’s estimated liquidation expenses ineligible borrowers are considered only pleadings; of collateral in a liquidation if the when needed as a method for servicing

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Approved protective advances and (1) All transfers to ineligible transfer is for less than the entire debt: accrued interest made during the borrowers will include a one-time (i) The Agency must determine that arrangement of a transfer and nonrefundable transfer fee to the the transferor and any guarantor have no assumption, if not assumed by the Agency of no more than one percent. reasonable debt-paying ability transferee, will be entered on the Transfer fees will be collected, and considering their assets and income at estimated Report of Loss. payments applied, in accordance with the time of transfer, and paragraph (d) of this section. (ii) The lender must certify that the § 3575.89 Mergers. (2) For all loans covered by this transferor has cooperated in good faith, (a) General. The Agency may approve subpart, the Agency may approve a used due diligence to maintain the mergers or consolidations (herein transfer of indebtedness to, and collateral against loss, and has referred to as ‘‘mergers’’) when the assumption of, a loan by a transferee otherwise fulfilled all of the regulations resulting organization will be eligible who does not meet the eligibility of this subpart to the best of the for an Agency guaranteed loan and requirements for the kind of loan being borrower’s ability. assumes all the liabilities and acquires assumed when the ineligible borrower (2) The lender will make, in all cases, all the assets of the merged borrower. will: a complete credit analysis to determine Mergers may be approved when: (i) Make a significant down payment, viability of the project (subject to the (1) The merger is in the best interest and Agency review and approval) including of the Government and the merging (ii) Agree to pay the remaining any requirement for deposit in an borrower; balance within not more than 15 years. escrow account as security to meet the (2) The resulting borrower can meet Installments will be at least equal to the determined equity requirements for the all required conditions as contained in amount amortized over a period not project. specific loan note agreements; and (3) The lender will confirm that the greater than the remaining life of the (3) All property can be legally transaction can be properly transferred debt being transferred, and the balance transferred to the resulting borrower. will be due the fifteenth year. and the conveyance instruments will be (3) Interest rates to ineligible filed, registered, or recorded as (b) Distinguishing mergers from transferees will be the rate specified in appropriate and legally permissible. transfers and assumptions. Mergers the note of the transferor or the rates (4) The assumption will be made on occur when one entity combines with customarily charged borrowers in the lender’s form of Assumption another entity in such a way that the similar circumstances in the ordinary Agreement and will contain the Agency first entity ceases to exist as a separate course of business and are subject to case number of the transferor and entity while the other continues. In a Agency review and approval. The rates transferee. consolidation, two or more entities may be either fixed or variable. (5) Loan terms cannot be changed by combine to form a new, consolidated (i) Transferees must have the ability to the Assumption Agreement unless entity with the original entity ceasing to repay as determined by the lender the previously approved in writing by the exist. Such transactions must be debt according to the Assumption Agency with the concurrence of holder distinguished from transfers and Agreement and must have the legal and the transferor (including guarantor assumptions in which a transferor will authority to enter into the contract. The if it has not been released from personal not necessarily go out of existence, and transferee will submit a current balance liability). Any new loan terms cannot the transferee will not always take all sheet to the lender. The lender will exceed those authorized in this subpart. the transferor’s assets nor assume all the obtain and analyze the credit history of The lender’s request will be supported transferor’s liabilities. the transferee. by: § 3575.90 Disposition of acquired (ii) The transferor may receive equity (i) An explanation of the reasons for property. payments only when the full amount of the proposed change in the loan terms, (a) General. When the lender acquires the debt is assumed. However, equity and title to the collateral and the final loss payments will not be made on more (ii) Certification that the lien position claim is not paid until final disposition, favorable terms than those on which the securing the guaranteed loan will be the lender must proceed as quickly as balance of the debt will be paid. maintained or improved, and proper (d) Transfer fees. Transfer fees are a hazard insurance will be continued in possible to develop a plan to fully one-time nonrefundable cost to be effect. protect the collateral, and the lender collected by the lender at the time of (6) In the case of a transfer and must dispose of the collateral without application or proposal. assumption, it is the lender’s delay. (1) The transfer fees will be a standard responsibility to see that all such (b) Re-title collateral. Any collateral fee plus the cost of the appraisal. transfers and assumptions will be noted accepted by the lender must not be (2) The lender will collect and submit on all originals of the Loan Note titled in the Agency’s name in whole or the fee to the Agency. Guarantee. The lender will provide the in part. The Agency’s position is that of (3) The Agency may waive the Agency a copy of the Transfer and a guarantor relating to losses, not a transfer fee if it determines that such Assumption Agreement. lender. waiver is in the best interest of the (7) If a loss should occur upon a (c) Collateral preservation. After Agency. complete transfer of assets and acquiring the collateral, the lender must (e) Processing transfers and assumption for less than the full amount protect the collateral from deterioration assumptions. (1) In any transfer and of the debt and the transferor-debtor (weather, vandalism, etc.). Hazard assumption case, the transferor (including personal guarantor) is insurance in an amount necessary to

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If an existing approved necessary for the successful completion lender may claim recovery for the liquidation plan addresses the of liquidation. Upon receipt of the final guaranteed portion of any loss of monies disposition of acquired property, no accounting and Report of Loss, the advanced as well as interest resulting further review is required unless Agency may conduct an may audit and from such protective advances. These modification of the plan is needed. will determine the final loss. The lender claims shall be included in the final (2) Anytime there is a case when the will make its records available to, and Report of Loss. conversion of collateral to cash can otherwise assist, the Agency in making (h) Final loss approval. After the final reasonably be expected to result in a any audit it requires of the Report of Report of Loss has been tentatively negative net recovery amount, Loss. The documentation accompanying approved: abandonment of the collateral should be the Report of Loss must support the loss considered. The Agency must approve claimed. (1) If the actual loss is greater than abandonment in writing. (1) The lender must document and any estimated loss payment, such loss show that all of the collateral has been will be paid by the Agency; §§ 3575.91±3575.93 [Reserved] accounted for and properly liquidated (2) If the actual loss is less than any § 3575.94 Determination and payment of and that liquidation proceeds have been estimated loss payment, the lender will loss. properly accounted for and applied reimburse the Agency; In all liquidation cases, final correctly on the loan. The Agency must (3) If the Agency conducted the settlement will be made with the lender be satisfied that the lender has liquidation, it will provide an after the collateral is liquidated. The accomplished this in the manner accounting to the lender and will pay Agency will have the right to recover contained herein and that the lender has the lender in accordance with the Loan losses paid under the guarantee from maximized the collections in Note Guarantee. any liable party. conducting the liquidation. (i) Loss limits. The amount payable by (a) General. If the lender takes title to (2) The lender must show a the Agency to the lender cannot exceed collateral, any loss will be based on the breakdown on any protective advance the limits contained in the Loan Note collateral value at the time the lender amount as to the payee, purpose of the Guarantee. If the Agency conducts the obtains title. expenditure, date paid, evidence that liquidation, loss occasioned by accruing (b) Loss calculations. The Report of the amount expended was proper, and interest will be covered by the guarantee Loss form (available in any Agency that the amount was actually paid. only to the date the Agency accepts this (3) The lender must show a office) will be used for calculations of responsibility. When the liquidation is breakdown of liquidation expenses as to all estimated and final loss conducted by the lender, loss the payee, purpose of the expenditure, determinations. Estimated loss occasioned by accruing interest will be date paid, evidence that the amount payments may only be approved after covered to the extent of the guarantee to expended was proper, and that the the lender has submitted a liquidation the date of final settlement provided the amount was actually paid. plan approved by the Agency. lender proceeds expeditiously with the (c) Estimated loss payments. When (4) Accrued interest should be liquidation plan approved by the the lender is conducting the liquidation supported by attachments showing how Agency. and owns any of the guaranteed portion the amount was accrued by the lender. of the loan, it may request an estimated A copy of the promissory note and § 3575.95 Future recovery. loss payment by submitting an estimate ledger will be attached. If the interest After a loan has been liquidated and of loss that will occur in connection rate was a variable rate, the lender must a final loss has been paid by the Agency, with liquidation of the loan. An include documentation of changes in any future funds which may be estimated loss payment may be the selected base rate and when the recovered by the lender will be pro- approved after the Agency has approved changes in the loan rate became rated between the Agency and the the liquidation plan. effective. lender in accordance with the (1) The lender will prepare and (e) Liquidation income. Any net rental guaranteed percentage even if the Loan submit a Report of Loss using the or other income that has been received Note Guarantee has been terminated. appraised value in lieu of amount by the lender from the collateral will be received from sale of collateral. applied on the guaranteed loan debt. § 3575.96 Termination of Loan Note (2) The estimated loss payment shall (f) Liquidation costs. Certain Guarantee. be calculated as of the date of such reasonable liquidation costs will be The Loan Note Guarantee under this payment. The total amount of the loss allowed during the liquidation process. subpart will terminate automatically: payment remitted by the Agency will be The liquidation costs must be submitted applied by the lender on the guaranteed as a part of the liquidation plan. Such (a) Upon full payment of the portion of the loan debt. Such costs will be deducted from gross guaranteed loan; or application does not release the proceeds received from the disposition (b) Upon full payment of any loss borrower from liability. At the time of of collateral unless the costs have been obligation or negotiated loss settlement final loss settlement, the lender may previously determined by the lender except for future recovery provisions; or notify the borrower that the loss (with Agency concurrence) to be (c) Upon written request from the payment has been so applied. protective advances. If changed lender to the Agency, provided that the (3) After liquidation has been circumstances after submission of the lender holds all of the guaranteed completed, a final Report of Loss will be liquidation plan require a revision of portion and the original Loan Note submitted by the lender to the Agency. liquidation costs, the lender will obtain Guarantee is returned to the Agency.

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§§ 3575.97Ð3575.99 [Reserved] on the factors addressed in this the food safety hazards reasonably likely document and on its guidance material. to occur in the production process and § 3575.100 OMB control number. DATES: Comments may be submitted by identify the preventive measures an The report and recordkeeping July 26, 1999. establishment can apply to control those requirements contained in this ADDRESSES: Submit one original and hazards in the production of particular regulation have been approved by the products (§ 417.2(a)). Whenever a Office of Management and Budget and two copies of written comments to FSIS Docket Clerk, Docket No. 99–025N, U.S. hazard analysis reveals one or more have been assigned OMB control such hazards, the regulations require the number 0575–0137. Department of Agriculture, Food Safety and Inspection Service, Room 102, establishment to develop and Subpart BÐ[Reserved] Cotton Annex, 300 12th Street, SW, implement a written HACCP plan, for Washington, DC 20250–3700. All each product, that includes specified Dated: May 17, 1999. comments submitted in response to this controls for each hazard so identified Jill Long Thompson, document will be available for public (§ 417.2(b)(1) and (c)). When FSIS issued the Pathogen Under Secretary, Rural Development. inspection in the Docket Clerk’s office Reduction-HACCP Systems final rule, it [FR Doc. 99–13117 Filed 5–25–99; 8:45 am] between 8:30 a.m. and 4:30 p.m., responded to questions about the link BILLING CODE 3410±XV±U Monday through Friday. Guidance material is available from between Sanitation SOP’s and HACCP the Inspection Systems Development plans by noting the importance of DEPARTMENT OF AGRICULTURE Division, FSIS, USDA, Room 202, Sanitation SOP’s as tools for meeting Cotton Annex Building, 300 12th Street existing sanitation responsibilities and preventing direct product Food Safety and Inspection Service SW, Washington, DC 20250–3700, contamination and adulteration and phone (202) 720–3219, Fax (202) 690– their appropriateness as near-term 9 CFR Parts 416 and 417 0824. The material is also available on procedures—that is, for implementation the FSIS Homepage: http:// [Docket No. 99±025N] prior to HACCP implementation and, in www.fsis.usda.gov/index.htm Listeria Monocytogenes a sense, as a prerequisite to HACCP. In FOR FURTHER INFORMATION CONTACT: response to concerns about redundancy, Contamination of Ready-to-Eat Daniel L. Engeljohn, Ph.D., Director, Products the Agency noted that a sanitation Regulations Development and Analysis procedure incorporated into a validated AGENCY: Food Safety and Inspection Division, Food Safety and Inspection HACCP plan need not be duplicated in Service, USDA. Service, Washington, DC 20250–3700; the establishment’s Sanitation SOP’s. ACTION: Compliance with the HACCP (202) 720–5627. FSIS also anticipated that some system regulations and request for SUPPLEMENTARY INFORMATION: Sanitation SOP procedures, such as comment. Regulatory Context those addressing pre-operational cleaning of facilities, equipment, and SUMMARY: The Food Safety and The Food Safety and Inspection utensils were likely to remain in an Inspection Service (FSIS) is publishing Service (FSIS) administers the establishment’s Sanitation SOP’s. (61 FR this document to inform manufacturers regulatory program under the Federal 38834.) of ready-to-eat livestock and poultry Meat Inspection Act (FMIA) (21 U.S.C. The HACCP system regulations products of the Agency’s views about 601 et seq.) and the Poultry Products require an official establishment to the application of the hazard analysis Inspection Act (PPIA) (21 U.S.C. 451 et develop and implement a written and critical control point (HACCP) seq.) to protect the health and welfare of HACCP plan whenever a hazard system regulations to contamination consumers by preventing the analysis reveals one or more food safety with Listeria monocytogenes. distribution of livestock and poultry hazards that are reasonably likely to FSIS believes that the findings from products that are unwholesome, occur in the production process testing a range of ready-to-eat products adulterated, or misbranded. To further ((§ 417.2(a), (b)(1), and (c)). Paragraph and information from investigations of the goal of reducing the risk of (a)(1) of § 417.2 specifies the purpose of outbreaks of listeriosis constitute foodborne illness from livestock and a hazard analysis: ‘‘to determine the changes that could affect an poultry products to the maximum extent food safety hazards reasonably likely to establishment’s hazard analysis or alter possible, FSIS issued the Pathogen occur in the production process and the HACCP plan for affected products. Reduction-Hazard Analysis and Critical identify the preventive measures the Therefore, establishments must reassess Control Point (HACCP) Systems final establishment can apply to control those their HACCP plans for ready-to-eat rule on July 25, 1996 (61 FR 38806). hazards.’’ Ten potential hazard areas, livestock and poultry products. If These regulations require federally including microbiological reassessment results in a determination inspected establishments to take contamination, are listed to guide that Listeria monocytogenes preventive and corrective measures at establishments in this analysis contamination is a food safety hazard each stage of the food production (§ 417.2(a)(3)). reasonably likely to occur in the process where food safety hazards Section 417.2(a)(1) also provides that establishment’s production process, occur. a food safety hazard is reasonably likely then it is a type of microbiological Part 416, the regulations on Sanitation to occur if a prudent establishment contamination that must be addressed Standard Operating Procedures (SOP’s), would establish controls because the in a HACCP plan. requires establishments to develop, hazard historically has occurred, or In this document, FSIS is setting out implement, and maintain written SOP’s because there is a reasonable possibility several factors that it believes an for sanitation that describe daily that it will occur in the particular type establishment should consider when procedures that are sufficient to prevent of product being processed, in the performing its reassessment. Also, FSIS direct contamination or adulteration of absence of those controls. is making guidance material available products (§ 416.11 and 416.12(a)). Part The likelihood that a potential food that establishments may find helpful. 417, the regulations on HACCP systems, safety hazard will occur in the (See ADDRESSES). FSIS invites comments requires a hazard analysis to determine production process for a particular

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28352 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations product at a given location, and the monocytogenes is found as adulterated Listeria monocytogenes contamination, identification and adequacy of under the FMIA or the PPIA (21 U.S.C. along with other information now preventive measures to control a likely 453(g) or 601(m)). available on the prevalence and hazard, must be determined by each Between 1989 and 1993, the rate of persistence of this foodborne pathogen, establishment. Obviously, conditions illness from Listeria monocytogenes as sufficient evidence that some may well change over time. For this declined. Over the next several years, establishments’ present approach to the reason, the HACCP system regulations there did not appear to be any further food safety hazard presented by ready- require every establishment to reassess decline, however, and since last fall, to-eat livestock food and poultry HACCP plan adequacy at least annually there has been an increase in the products adulterated with Listeria and whenever any changes occur that number of cases caused by a specific monocytogenes does not comply with could affect the underlying hazard subtype—a previously rare ‘‘E’’ part 417 requirements. Therefore, FSIS analysis or alter the HACCP plan pattern—of Listeria monocytogenes. The believes that § 417.4(a)(3) requires that (§ 417.4(a)(3)). When reassessment Centers for Disease Control, U.S. Public establishments reassess the HACCP reveals that a plan no longer meets the Health Service, Department of Health plans that cover ready-to-eat livestock requirements for the contents of a and Human Services (DHHS), have and poultry products. HACCP plan, the establishment must reported 101 illnesses, 15 adult deaths Put another way, the Agency does not modify the plan immediately and 6 stillbirths or miscarriages see how—given the current record of (§ 417.4(a)(3)). associated with this ‘‘E’’ pattern. Using contamination incidents and methodological advances that provide Listeria Monocytogenes information now available on the more specific information about prevalence and persistence of the Listeria monocytogenes is a type of pathogens isolated from foods and microorganism, its ability to survive pathogenic bacteria often found in the humans, public health agencies have under adverse conditions, and the intestines of healthy animals (including obtained information associating the apparent susceptibility of some humans) and in the environments in ‘‘E’’ pattern subtype of Listeria products to contamination—an which food producing animals are monocytogenes with livestock and establishment that produces a ready-to- raised and processed (e.g., in soil, water, poultry products. eat product (other than one that is and vegetation and on the surfaces of FSIS currently is evaluating a range of thermally processed-commercially equipment, floors, and walls). measures, both short- and long-term, to sterile, in accordance with part 318, Therefore, food may be contaminated improve public health protection subpart G, or part 381, subpart X, of the with this microorganism and, after against this pathogen. In aid of this regulations) could have confidence that, cooking or other treatment to destroy evaluation, FSIS held a public meeting in operation, the HACCP plan for the the pathogen, may be recontaminated. on February 10, 1999, at which research, product meets part 417 requirements. Listeria monocytogenes can cause regulation, and education activities listeriosis, a serious and sometimes fatal along with industry and government FSIS’ conclusion addresses only the illness, for which pregnant women, procedures, were discussed. need for HACCP plan reassessment. newborns, the elderly, and people with FSIS cannot predict the likelihood that weakened immune systems are at risk. Controlling Listeria Monocytogenes an establishment producing ready-to-eat The most common manifestation of Contamination products would be required under the listeriosis is meningitis. It also can FSIS is publishing this document to regulations to incorporate, or alter, cause miscarriages and stillbirths. advise federally inspected controls to prevent Listeria Advances in molecular subtyping establishments of the Agency’s current monocytogenes contamination in one or methods have improved scientists’ position on one aspect of the public more HACCP plans as a result of plan ability to associate Listeria health strategy to deal with Listeria reassessment. FSIS does believe, monocytogenes with particular products monocytogenes contamination and to however, that given current knowledge, and to detect outbreaks of listeriosis. provide an opportunity to comment on Listeria monocytogenes contamination Since the late 1980’s, FSIS and the that position as FSIS continues to should be considered to be reasonably Food and Drug Administration (FDA) develop a comprehensive strategy. FSIS likely to occur in the production of have worked with food manufacturers to is concerned because some ready-to-eat livestock and poultry improve procedures for ensuring that establishments have not reassessed their products, especially if an establishment ready-to-eat foods (i.e., products that HACCP plans after recent outbreaks of has produced products adulterated with may be consumed without any further listeriosis caused by contaminated Listeria monocytogenes, or if the cooking or other preparation) are free of ready-to-eat livestock and poultry establishment is producing one or more Listeria monocytogenes. In addition, for products, and after some establishments ready-to-eat products that are the past decade, FSIS has conducted a have produced ready-to-eat products susceptible to Listeria monocytogenes microbiological testing program in adulterated with Listeria contamination in an environment that is which the Agency samples ready-to-eat monocytogenes. If Listeria not known to be free of this pathogen. livestock and poultry products, monocytogenes contamination is a food FSIS urges establishments that including cooked and fermented safety hazard reasonably likely to occur produce ready-to-eat livestock and sausages, cooked corned beef, sliced in an establishment’s production poultry products to perform the ham and luncheon meats, beef jerky, process, then it must be addressed in a reassessment of their HACCP plans cooked uncured poultry, and salads and HACCP plan. It would not be sufficient within 30 days of the publication of this spreads, in federally inspected to claim that the hazard is adequately document. FSIS will instruct its establishments. (For the Agency’s dealt with in the establishment’s inspection personnel to verify that current testing program instructions, see Sanitation SOP. HACCP plan reassessments were conducted. If an FSIS Directive 10,240.2, Microbial reassessment is necessary to determine establishment does not reassess its Sampling of Ready-to-Eat Products whether the plan appropriately HACCP plan in accord with this Produced by Establishments Operating addresses this hazard. document, FSIS will evaluate the Under a HACCP System.) FSIS treats FSIS views investigations of recent establishment’s compliance with Part ready-to-eat products in which Listeria outbreaks of listeriosis and findings of 417.

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Set out below are factors that FSIS product. Therefore, in the event of such planetary gear shaft, which could lead believes are relevant in determining a finding, FSIS’ position is as follows. to failure of the MGB and subsequent whether Listeria monocytogenes If the establishment’s HACCP plan does loss of control of the helicopter. contamination is a food safety hazard not already provide for the control of DATES: Effective June 10, 1999. reasonably likely to occur in the Listeria monocytogenes, and absent The incorporation by reference of production process and in identifying substantial, scientifically supportable certain publications listed in the preventive measures that establishments reasons, that HACCP plan must be regulations is approved by the Director can apply to control the hazard. modified to address the Listeria of the Federal Register as of June 10, Reassessments of HACCP plans should monocytogenes hazard and incorporate 1999. take these factors into account. FSIS is appropriate controls. If the Comments for inclusion in the Rules providing technical information and establishment’s HACCP plan does Docket must be received on or before other Agency guidance material. (See address and control for Listeria July 26, 1999. ADDRESSES to obtain copies.) The monocytogenes, the establishment must ADDRESSES: Submit comments in Agency invites comments on this take the appropriate corrective actions triplicate to the Federal Aviation guidance material and the factors set out in accord with the requirements of 9 Administration (FAA), Office of the below. CFR 417.3. FSIS inspection personnel Regional Counsel, Southwest Region, (1) Pathogen Levels in Starting will verify that the establishment has Attention: Rules Docket No. 98–SW–47– Materials FSIS believes that it is crucial taken the necessary corrective actions. AD, 2601 Meacham Blvd., Room 663, that each establishment know the Fort Worth, Texas 76137. characteristics of its starting materials Done at Washington, DC, on May 19, 1999. Thomas J. Billy, The service information referenced in and, in particular, keep itself informed this AD may be obtained from American Administrator. about evidence of Listeria Eurocopter Corporation, 2701 Forum monocytogenes contamination of the [FR Doc. 99–13223 Filed 5–25–99; 8:45 am] Drive, Grand Prairie, Texas 75053–4005, raw materials or source of raw materials BILLING CODE 3410±DM±P telephone (972) 641–3460, fax (972) that the establishments use. 641–3527. This information may be (2) Validation of Lethality Treatment examined at the FAA, Office of the FSIS believes industry members must DEPARTMENT OF TRANSPORTATION Regional Counsel, Southwest Region, comply rigorously with the HACCP plan 2601 Meacham Blvd., Room 663, Fort Federal Aviation Administration validation requirements of § 417.4(a)(1), Worth, Texas 76137; or at the Office of especially in ensuring that the 14 CFR Part 39 the Federal Register, 800 North Capitol establishment can successfully apply a Street, NW., suite 700, Washington, DC. scientifically appropriate lethality [Docket No. 98±SW±47±AD; Amendment FOR FURTHER INFORMATION CONTACT: treatment under its commercial 39±11182; AD 99±11±11] operating conditions (see 61 FR 38826– Shep Blackman, Aerospace Engineer, 38827). Until the establishment RIN 2120±AA64 Rotorcraft Standards Staff, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., demonstrates that it achieves the Airworthiness Directives; Eurocopter anticipated lethality effect under actual Fort Worth, Texas 76137, telephone France Model SA±365N, N1, N2, N3, (817) 222–5296, fax (817) 222–5961. in-plant conditions, effectiveness is and SA±366G1 Helicopters theoretical, and the plan is not SUPPLEMENTARY INFORMATION: The FAA validated. AGENCY: Federal Aviation issued Priority Letter AD 97–15–15 on (3) Exposure to Contamination After Administration, DOT. July 18, 1997, prompted by two Lethality Treatment The available ACTION: Final rule; request for occurrences of MGB planetary gear shaft evidence on the presence of Listeria comments. cracks, AD 97–15–15 was published in monocytogenes in food processing the Federal Register on February 6, environments appears to indicate an SUMMARY: This amendment supersedes 1998 (63 FR 6069). It requires that the increased potential for the an existing airworthiness directive (AD), magnetic chip plug on any MGB that contamination of product after a food is applicable to Eurocopter France Model was not modified in accordance with processed to destroy pathogenic SA–365N, N1 and SA–366G1 MOD 077244 be inspected after every microorganisms. Therefore, an helicopters, that currently requires flight and the MGB oil filter be establishment’s reassessment of its repetitive inspections of the main inspected after the last flight of each day HACCP plans needs to address such gearbox (MGB) magnetic chip plug and or at intervals not to exceed 12 hours potential contamination. Establishments oil filter if certain part number/ time-in-service (TIS). The presence of should account for finished product modification level MGB’s are installed. any ferrous chips or any reports of characteristics such as water activity, This new action expands the helicopter abnormal vibrations by the flight crew pH, and the presence or absence of one model and MGB applicability to include requires a MGB ground vibration or more barriers that inhibit pathogen the SA–365N2 and N3 helicopters and evaluation before further flight. growth. The HACCP plan must all variants of the MGB. It also requires Eurocopter France has recently advised incorporate any hazards identified by installing a MGB planetary gear shaft the FAA that the potential for planetary the reassessment. (gear shaft) vibration level monitoring gear shaft cracks exists for all MGB (4) Evidence of Product unit (VLMU); inserting procedures into variants, regardless of modification Contamination FSIS believes that any the Rotorcraft Flight Manual (RFM) for level, currently authorized for finding of Listeria monocytogenes in an a preflight vibration check using the installation on FAA-certified Model establishment’s ready-to-eat product, VLMU and inserting a related SA–365/366 helicopters. The temporary whether in government or industry test emergency procedure and limitation for installation of the VLMU enables the results, is substantial, and perhaps an inoperative VLMU into the RFM. flight crew to more easily and accurately conclusive, evidence that Listeria This action is prompted by two assess the vibration level of the MGB monocytogenes contamination is a food occurrences of gear shaft cracks. The prior to each flight. The manufacturer is safety hazard that is reasonably likely to actions specified by this AD are pursuing a redesign of the affected MGB occur in its production process for that intended to detect cracks in the MGB that will probably result in a mandatory

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This AD requires installing a environmental, and energy aspects of Civile (DGAC), which is the MGB VLMU to enable a preflight MGB the rule that might suggest a need to airworthiness authority for France, has vibration check, revising the RFM modify the rule. All comments notified the FAA that an unsafe normal, emergency and limitations submitted will be available, both before condition may exist on Eurocopter sections, and if the VLMU becomes and after the closing date for comments, France Model SA–365N, N1, N2, and inoperative, inspecting the MGB in the Rules Docket for examination by N3, and SA–366G1 helicopters. The magnetic plug after every flight and the interested persons. A report that DGAC advises that, based on two oil filter each day in which flights are summarizes each FAA-public contact reports of cracks detected on the gear conducted (not to exceed 12 hours time- concerned with the substance of this AD shaft, an AD is necessary to mandate the in-service between inspections). The will be filed in the Rules Docket. installation and the utilization of an actions are required to be accomplished Commenters wishing the FAA to MGB vibration level unit that detects in accordance with the applicable acknowledge receipt of their comments vibrations at the shaft rotation frequency service bulletins described previously. If submitted in response to this rule must and indicates the potential for a crack in metallic particles are found on the submit a self-addressed, stamped the gear shaft. magnetic plug or oil filter, drive system postcard on which the following Eurocopter France has issued ground vibration measurements must be statement is made: ‘‘Comments to Eurocopter AS 365 Service Bulletin No. conducted. The short compliance time Docket No. 98–SW–47–AD.’’ The 31.00.03, applicable to Model SA–365N, involved is required because the postcard will be date stamped and N1, N2, and N3, helicopters; and previously described critical unsafe returned to the commenter. Eurocopter SA 366 Service Bulletin No. condition can adversely affect the The regulations adopted herein will 31.01, applicable to Model SA–366G1 structural integrity of the helicopter. not have substantial direct effects on the helicopters, both dated June 23, 1998. Therefore, the actions are required States, on the relationship between the These service bulletins provide for the within 25 hours time-in-service and this national government and the States, or installation of a VLMU that enables a AD must be issued immediately. ground check for vibrations amplitude Since a situation exists that requires on the distribution of power and at the shaft rotational frequency and the immediate adoption of this responsibilities among the various provides an indication to the pilot when regulation, it is found that notice and levels of government. Therefore, in the amplitude of vibration reaches a opportunity for prior public comment accordance with Executive Order 12612, level that could indicate the existence of hereon are impracticable, and that good it is determined that this final rule does a crack in the gear shaft. The service cause exists for making this amendment not have sufficient federalism bulletins also provide for checks of the effective in less than 30 days. implications to warrant the preparation MGB chip plug and oil filter, and The FAA estimates that 26 helicopters of a Federalism Assessment. measurements of on-ground vibration will be affected by this AD, that it will The FAA has determined that this levels if the VLMU becomes inoperative. take approximately 10 work hours to regulation is an emergency regulation The DGAC classified these service install the VLMU, and that the average that must be issued immediately to bulletins as mandatory and issued AD labor rate is $60 per work hour. The correct an unsafe condition in aircraft, 98–324–045(A), applicable to Model manufacturer has stated that required and that it is not a ‘‘significant 365N helicopters, and AD 98–323– parts are available at no cost. Based on regulatory action’’ under Executive 023(A), applicable to Model 366 these figures, the total cost impact of the Order 12866. It has been determined helicopters, both dated August 12, 1998, AD on U.S. operators is estimated to be further that this action involves an in order to assure the continued $15,600. emergency regulation under DOT airworthiness of these helicopters in Regulatory Policies and Procedures (44 Comments Invited France. FR 11034, February 26, 1979). If it is These helicopter models are Although this action is in the form of determined that this emergency manufactured in France and are type a final rule that involves requirements regulation otherwise would be certificated for operation in the United affecting flight safety and, thus, was not significant under DOT Regulatory States under the provisions of § 21.29 of preceded by notice and an opportunity Policies and Procedures, a final the Federal Aviation Regulations (14 for public comment, comments are regulatory evaluation will be prepared CFR 21.29) and the applicable bilateral invited on this rule. Interested persons and placed in the Rules Docket. A copy airworthiness agreement. Pursuant to are invited to comment on this rule by of it, if filed, may be obtained from the this bilateral airworthiness agreement, submitting such written data, views, or Rules Docket at the location provided the DGAC has kept the FAA informed arguments as they may desire. under the caption ADDRESSES. of the situation described above. The Communications should identify the List of Subjects in 14 CFR Part 39 FAA has examined the findings of the Rules Docket number and be submitted DGAC, reviewed all available in triplicate to the address specified Air transportation, Aircraft, Aviation information, and determined that AD under the caption ADDRESSES. All safety, Incorporation by reference, action is necessary for products of this communications received on or before Safety. type design that are certificated for the closing date for comments will be Adoption of the Amendment operation in the United States. considered, and this rule may be Since an unsafe condition has been amended in light of the comments Accordingly, pursuant to the identified that is likely to exist or received. Factual information that authority delegated to me by the develop on other Eurocopter France supports the commenter’s ideas and Administrator, the Federal Aviation SA–365N, N1, N2, and N3, and SA– suggestions is extremely helpful in Administration amends part 39 of the

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Federal Aviation Regulations (14 CFR service within 30 calendar days or the DEPARTMENT OF TRANSPORTATION part 39) as follows: helicopter must be grounded until such repairs are made.’’ Federal Aviation Administration PART 39ÐAIRWORTHINESS (c) If the VLMU becomes inoperative, DIRECTIVES inspect the MGB magnetic plug; it must be 14 CFR Part 39 inspected before every flight and inspect the 1. The authority citation for part 39 [Docket No. 98±SW±61±AD; Amendment MGB oil filter each day in which flights are 39±11181; AD 99±11±10] continues to read as follows: conducted or at intervals not to exceed 12 Authority: 49 U.S.C. 106(g), 40113, 44701. hours time-in-service, whichever occurs first. RIN 2120±AA64 When metallic particles are found on either § 39.13 [Amended] Airworthiness Directives; Eurocopter the magnetic plug or the oil filter element, France Model AS 332L2 Helicopters 2. Section 39.13 is amended by conduct drive system ground vibration adding a new airworthiness directive to measurements before further flight. AGENCY: Federal Aviation read as follows: (d) An alternative method of compliance or Administration, DOT. AD 99–11–11 Eurocopter France: adjustment of the compliance time that ACTION: Final rule; request for Amendment 39–11182. Docket No. 98– provides an acceptable level of safety may be comments. SW–47–AD. Supersedes AD 97–15–15, used if approved by the Manager, Rotorcraft Amendment 39–10313, Docket No. 97– Standards Staff, Rotorcraft Directorate, FAA. SUMMARY: This amendment adopts a SW–23–AD. Operators shall submit their requests through new airworthiness directive (AD) that is Applicability: Model SA–365N, N1, N2, a FAA Principal Maintenance Inspector, who applicable to Eurocopter France Model and N3 helicopters, serial numbers up to and may concur or comment and then send it to including 6538, and SA–366G1 helicopters, AS 332L2 helicopters with a certain the Manager, Rotorcraft Standards Staff. certificated in any category. power-loss printed circuit board (PCB) Note 1: This AD applies to each helicopter Note 2: Information concerning the installed. This action requires replacing identified in the preceding applicability existence of approved alternative methods of that power-loss PCB with an airworthy provision, regardless of whether it has been compliance with this AD, if any, may be power-loss PCB. This amendment is otherwise modified, altered, or repaired in obtained from the Rotorcraft Standards Staff. prompted by malfunctions discovered the area subject to the requirements of this (e) Special flight permits may be issued in during environmental testing of the AD. For helicopters that have been modified, accordance with sections 21.197 and 21.199 power-loss PCB conducted by the altered, or repaired so that the performance of the Federal Aviation Regulations (14 CFR manufacturer. The actions specified in of the requirements of this AD is affected, the 21.197 and 21.199) to operate the helicopter this AD are intended to prevent owner/operator must request approval for an to a location where the requirements of this incorrect engine status indications, alternative method of compliance in accordance with paragraph (d) of this AD. AD can be accomplished. random activation of the maximum The request should include an assessment of (f) The actions shall be done in accordance rotor revolutions-per-minute (RPM) the effect of the modification, alteration, or with the Eurocopter AS 365 Service Bulletin alarm, and failure to reset the One- repair on the unsafe condition addressed by No. 31.00.03, or Eurocopter SA 366 Service Engine Inoperative (OEI) logic after an this AD; and, if the unsafe condition has not Bulletin No. 31.01, both dated June 23, 1998, actual loss of power from one engine. been eliminated, the request should include as applicable. This incorporation by DATES: Effective June 10, 1999. specific proposed actions to address it. reference was approved by the Director of the Comments for inclusion in the Rules Compliance: Required as indicated, unless Federal Register in accordance with 5 U.S.C. Docket must be received on or before accomplished previously. 552(a) and 1 CFR part 51. Copies may be July 26, 1999. To detect cracks in the main gearbox obtained from American Eurocopter (MGB) planetary gear shaft (shaft), which ADDRESSES: Submit comments in Corporation, 2701 Forum Drive, Grand triplicate to the Federal Aviation could lead to failure of the MGB and Prairie, Texas 75053–4005, telephone (972) subsequent loss of control of the helicopter, Administration (FAA), Office of the 641–3460, fax (972) 641–3527. Copies may be accomplish the following: Regional Counsel, Southwest Region, inspected at the FAA, Office of the Regional (a) Within 25 hours time-in-service, install Attention: Rules Docket No. 98–SW–61– Counsel, Southwest Region, 2601 Meacham a MGB shaft vibration level monitoring unit AD, 2601 Meacham Blvd., Room 663, Blvd., Room 663, Fort Worth, Texas 76137; (VLMU), in accordance with paragraph B. of Fort Worth, Texas 76137. the Accomplishment Instructions of either or at the Office of the Federal Register, 800 Eurocopter AS 365 Service Bulletin No. North Capitol Street, NW., suite 700, FOR FURTHER INFORMATION CONTACT: 31.00.03, applicable to Model SA–365N, N1, Washington, DC. Shep Blackman, Aerospace Engineer, N2, and N3 helicopters; or Eurocopter SA (g) This amendment becomes effective on FAA, Rotorcraft Directorate, Rotorcraft 366 Service Bulletin No. 31.01, applicable to June 10, 1999. Standards Staff, 2601 Meacham Blvd., Model SA–366G1 helicopters, both dated Note 3: The subject of this AD is addressed Fort Worth, Texas 76137, telephone June 23, 1998 (SB’s). (817) 222–5296, fax (817) 222–5961. (b) Before further flight, accomplish the in Direction Generale de L’Aviation Civile SUPPLEMENTARY INFORMATION: The following: (France) AD 98–324–045(A), applicable to (1) Insert paragraphs 2D1), 2D2), and 2D3) Model SA–365N helicopters, and AD 98– Direction Generale De L’Aviation Civile of the SB’s into the applicable Rotorcraft 323–023(A), applicable to Model SA–366 (DGAC), which is the airworthiness Flight Manual post-start normal procedures helicopters, both dated August 12, 1998. authority for France, has notified the section. Issued in Fort Worth, Texas, on May 18, FAA that an unsafe condition may exist (2) Insert the following statement in the 1999. on Eurocopter France Model AS 332L2 Emergency Procedures section of the helicopters. The DGAC advises that Mark R. Schilling, applicable Rotorcraft Flight Manual: ‘‘If design anomalies of the power-loss PCB vertical vibrations at approximately 4/rev Acting Manager, Rotorcraft Directorate, can lead to non-resetting of the OEI frequency are detected, reduce power, land Aircraft Certification Service. logic after failure of one engine. as soon as practicable, and perform a VLMU [FR Doc. 99–13320 Filed 5–25–99; 8:45 am] vibration level check.’’ Eurocopter France has issued (3) Insert the following statement into the BILLING CODE 4910±13±U Eurocopter Service Bulletin 31.00.11, Limitations section of the applicable dated September 8, 1998, which Rotorcraft Flight Manual: ‘‘If the VLMU specifies replacing the power-loss PCB, becomes inoperative, it must be returned to part number (P/N) SE01958 (Eurocopter

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France P/N 704A47720091) Amendment has stated that there would be no charge accordance with Executive Order 12612, C or D, with an airworthy power-loss for parts. Based on these figures, the it is determined that this final rule does PCB, P/N SE01973 (Eurocopter France cost impact of this AD would be $180 not have sufficient federalism P/N 704A47720109). The manufacturer per helicopter. implications to warrant the preparation advises that design anomalies of the Since this AD action does not affect of a Federalism Assessment. power-loss PCB can lead to incorrect any helicopter that is currently on the engine status indications, random U.S. Register, and it has no adverse The FAA’s Determination activation of the maximum rotor RPM economic impact and imposes no The FAA has determined that notice audio alarm, and non-resetting of the additional burden on any person, notice and prior public comment are OEI logic after failure of one engine. The and public procedures are unnecessary, unnecessary in promulgating this DGAC classified this service bulletin as and the amendment may be made regulation and therefore, it can be mandatory and issued AD 98–290– effective in less than 30 days after issued immediately to correct an unsafe 011(A), dated August 12, 1998, in order publication in the Federal Register. condition in aircraft since none of these to assure the continued airworthiness of Comments Invited model helicopters are registered in the these helicopters in France. United States, and that it is not a This helicopter model is Although this action is in the form of ‘‘significant regulatory action’’ under manufactured in France and is type a final rule that involves requirements Executive Order 12866. It has been certificated for operation in the United affecting flight safety and was not determined further that this action States under the provisions of section preceded by notice and an opportunity involves an emergency regulation under 21.29 of the Federal Aviation for public comment, comments are DOT Regulatory Policies and Procedures Regulations (14 CFR 21.29) and the invited on this rule. Interested persons (44 FR 11034, February 26, 1979). If it applicable bilateral airworthiness are invited to comment by submitting is determined that this emergency agreement. Pursuant to this bilateral such written data, views, or arguments regulation otherwise would be airworthiness agreement, the DGAC has as they may desire. Communications significant under DOT Regulatory kept the FAA informed of the situation should identify the Rules Docket Policies and Procedures, a final described above. The FAA has number and be submitted in triplicate to regulatory evaluation will be prepared examined the findings of the DGAC, the address specified under the caption and placed in the Rules Docket. A copy reviewed all available information, and ADDRESSES. All communications of it, if filed, may be obtained from the determined that AD action is necessary received on or before the closing date Rules Docket at the location provided for products of this type design that are for comments will be considered, and under the caption ADDRESSES. certificated for operation in the United this rule may be amended in light of the States. comments received. Factual information List of Subjects in 14 CFR Part 39 Since an unsafe condition has been that supports the commenter’s ideas and Air transportation, Aircraft, Aviation identified that is likely to exist or suggestions is extremely helpful in safety, Safety. develop on other Eurocopter France evaluating the effectiveness of the AD Model AS 332L2 helicopters of the same action and determining whether Adoption of the Amendment type design registered in the United additional rulemaking action would be Accordingly, pursuant to the States, this AD is being issued to needed. authority delegated to me by the prevent incorrect engine status Comments are specifically invited on Administrator, the Federal Aviation indications, random activation of the the overall regulatory, economic, Administration amends part 39 of the maximum rotor RPM audio alarm, and environmental, and energy aspects of Federal Aviation Regulations (14 CFR failure to reset the OEI logic after an the rule that might suggest a need to part 39) as follows: actual loss of power from one engine. modify the rule. All comments This AD requires replacement of the submitted will be available, both before PART 39ÐAIRWORTHINESS power-loss PCB, P/N SE01958 and after the closing date for comments, DIRECTIVES (704A47720091) Amendment C or D, in the Rules Docket for examination by 1. The authority citation for part 39 with an airworthy power-loss PCB, P/N interested persons. A report that continues to read as follows: SE01973 (704A47720109). summarizes each FAA-public contact None of the Model AS 332L2 concerned with the substance of this AD Authority: 49 U.S.C. 106(g), 40113, 44701. helicopters affected by this action are on will be filed in the Rules Docket. § 39.13 [Amended] the U.S. Register. All helicopters Commenters wishing the FAA to included in the applicability of this rule acknowledge receipt of their comments 2. Section 39.13 is amended by are currently operated by non-U.S. submitted in response to this rule must adding a new airworthiness directive to operators under foreign registry, so they submit a self-addressed, stamped read as follows: are not directly affected by this AD postcard on which the following AD 99–11–10 Eurocopter France: action. However, the FAA considers that statement is made: ‘‘Comments to Amendment 39–11181. Docket No. 98– this rule is necessary to ensure the Docket No. 98–SW–61–AD.’’ The SW–61–AD. unsafe condition is addressed in the postcard will be date stamped and Applicability: Model AS 332L2 helicopters, event that any of these subject returned to the commenter. with power-loss printed circuit board (PCB), helicopters are imported and placed on part number (P/N) SE01958 (Eurocopter Regulatory Impact France P/N 704A47720091) Amendment C or the U.S. Register in the future. The regulations adopted in this D, installed, certificated in any category. Cost Impact amendment will not have substantial Note 1: This AD applies to each helicopter If an affected helicopter is imported direct effects on the States, on the identified in the preceding applicability provision, regardless of whether it has been and placed on the U.S. Register in the relationship between the national otherwise modified, altered, or repaired in future, it would require approximately 3 government and the States, or on the the area subject to the requirements of this work hours to accomplish the distribution of power and AD. For helicopters that have been modified, replacement, at an average labor rate of responsibilities among the various altered, or repaired so that the performance $60 per work hour. The manufacturer levels of government. Therefore, in of the requirements of this AD is affected, the

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28357 owner/operator must request approval for an ACTION: Final rule. Two commenters state that they are alternative method of compliance in not affected by this AD. accordance with paragraph (b) of this AD. SUMMARY: This document supersedes an A third commenter states that The request should include an assessment of existing airworthiness directive (AD), minimal impact is expected from the the effect of the modification, alteration, or applicable to Pratt & Whitney (PW) JT9D repair on the unsafe condition addressed by AD as premature removal of the affected series turbofan engines, that currently this AD; and, if the unsafe condition has not parts is planned. been eliminated, the request should include requires initial and repetitive in-shop or specific proposed actions to address it. on-wing inspections of the diffuser case After careful review of the available Compliance: Required as indicated, unless rear rail for cracking, and removal, if data, including the comments noted accomplished previously. necessary, of the diffuser case. This AD above, the FAA has determined that air To prevent incorrect engine status will reduce the allowable crack length, safety and the public interest require the indications, random activation of the reduce the inspection intervals, and adoption of the rule as proposed. maximum rotor revolutions-per-minute introduce an improved inspection There are approximately 566 engines (RPM) audio alarm, and failure to reset the method. This AD is prompted by of the affected design in the worldwide One Engine Inoperative (OEI) logic after an continued reports of diffuser case actual loss of power from one engine, fleet. The FAA estimates that 157 accomplish the following: ruptures, and improved understanding engines installed on aircraft of U.S. (a) Before further flight, remove the power- of crack propagation rates. The actions registry will be affected by this AD, that loss PCB, P/N SE01958 (Eurocopter France P/ specified by this AD are intended to it would take approximately 29 work N 704A47720091) Amendment C or D, and prevent diffuser case rupture, hours per engine to accomplish the replace it with an airworthy power-loss PCB, uncontained engine failure, and damage proposed actions, and that the average P/N SE01973 (Eurocopter France P/N to the aircraft. 704A47720109). labor rate is $60 per work hour. Based (b) An alternative method of compliance or DATES: Effective July 26, 1999. The on these figures, the total cost impact of adjustment of the compliance time that incorporation by reference of certain the proposed AD on U.S. operators is provides an acceptable level of safety may be publications listed in the regulations is estimated to be $273,180. used if approved by the Manager, FAA, approved by the Director of the Federal The regulations adopted herein will Rotorcraft Standards Staff, Rotorcraft Register as of July 26, 1999. Directorate. Operators shall submit their not have substantial direct effects on the requests through a FAA Principal ADDRESSES: The service information States, on the relationship between the Maintenance Inspector, who may concur or referenced in this AD may be obtained national government and the States, or comment and then send it to the Manager, from. Pratt & Whitney, 400 Main St., on the distribution of power and Rotorcraft Standards Staff. East Hartford, CT 06108; telephone responsibilities among the various Note 2: You may obtain information (860) 565–6600, fax (860) 565–4503. levels of government. Therefore, in concerning the existence of approved This information may be examined at accordance with Executive Order 12612, alternative methods of compliance with this the Federal Aviation Administration AD from the Rotorcraft Standards Staff. it is determined that this final rule does (FAA), New England Region, Office of not have sufficient federalism (c) Special flight permits may be issued in the Regional Counsel, 12 New England accordance with §§ 21.197 and 21.199 of the implications to warrant the preparation Executive Park, Burlington, MA 01803– of a Federalism Assessment. Federal Aviation Regulations (14 CFR 21.197 5299; or at the Office of the Federal and 21.199) to operate the helicopter to a For the reasons discussed above, I location where the requirements of this AD Register, 800 North Capitol Street, NW, suite 700, Washington, DC. certify that this action (1) is not a can be accomplished. ‘‘significant regulatory action’’ under (d) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a June 10, 1999. Peter White, Aerospace Engineer, ‘‘significant rule’’ under the DOT Note 3: The subject of this AD is addressed Engine Certification Office, FAA, Engine Regulatory Policies and Procedures (44 in Direction Generale De l’Aviation Civile and Propeller Directorate, 12 New FR 11034, February 26, 1979); and (3) (France) AD 98–290–011(A), dated August England Executive Park, Burlington, MA 12, 1998. 01803–5299; telephone (617) 238–7128, will not have a significant economic Issued in Fort Worth, Texas, on May 18, fax (617) 238–7199. impact, positive or negative, on a 1999. substantial number of small entities Mark R. Schilling, SUPPLEMENTARY INFORMATION: A under the criteria of the Regulatory proposal to amend part 39 of the Federal Acting Manager, Rotorcraft Directorate, Flexibility Act. A final evaluation has Aircraft Certification Service. Aviation Regulations (14 CFR part 39) been prepared for this action is by superseding airworthiness directive [FR Doc. 99–13321 Filed 5–25–99; 8:45 am] contained in the Rules Docket. A copy (AD) 94–26–06, Amendment 39–9102 BILLING CODE 4910±13±U of it may be obtained by contacting the (59 FR 67176, December 29, 1996, Rules Docket at the location provided applicable to certain Pratt & Whitney under the caption ADDRESSES. DEPARTMENT OF TRANSPORTATION (PW) (PW) JT9D–59A, –70A, –7Q, and –7Q3 series turbofan engines, was List of Subjects in 14 CFR Part 39 Federal Aviation Administration published in the Federal Register on January 11, 1999 (64 FR 1552). That Air transportation, Aircraft, Aviation 14 CFR Part 39 action proposed to require initial and safety, Incorporation by reference, Safety. [Docket No. 94±ANE±54 AD; Amendment repetitive in-shop or on-wing 39±11180; AD 99±11±09] inspections of the diffuser case rear rail Adoption of the Amendment for cracking, and removal, if necessary, RIN 2120±AA64 of the diffuser case. Accordingly, pursuant to the authority delegated to me by the Airworthiness Directives; Pratt & Interested persons have been afforded Administrator, the Federal Aviation Whitney JT9D Series Turbofan Engines an opportunity to participate in the making of this amendment. Due Administration amends part 39 of the AGENCY: Federal Aviation consideration has been given to the Federal Aviation Regulations (14 CFR Administration, DOT. comments received. part 39) as follows:

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PART 39ÐAIRWORTHINESS request should include specific proposed October 30, 1998; Section 2, Part 1 A (1)–(3), DIRECTIVES actions to address it. perform initial and repetitive on-wing Compliance: Required as indicated, unless inspections in accordance with PW JT9D SB 1. The authority citation for part 39 accomplished previously. 5749, Revision 8, dated October 30, 1998, continues to read as follows: To prevent diffuser case rupture, an within the time requirements listed in uncontained engine failure, and damage to Section 2, Part 2 of that SB, except as Authority: 49 U.S.C. 106(g), 40113, 44701. the aircraft, accomplish the following: provided in paragraph (a) (4) of this AD. (a) Perform initial and repetitive (3) Remove from service diffuser cases that § 39.13 [Amended] fluorescent penetrant inspections (FPI) or do not meet the return to service criteria 2. Section 39.13 is amended by eddy current inspections (ECI) of diffuser stated in PW JT9D SB No. 5749, Revision 8, case rear rails for cracks in accordance with adding the following new airworthiness dated October 30, 1998, Section 2, Part 2 D, the Accomplishment Instructions of PW JT9D and replace with serviceable parts. directive: (SB) No. 5749, Revision 8, dated October 30, (4) For engines that are overdue for an 99–11–09 Pratt & Whitney: Amendment 39– 1998, as follows: inspection on the effective date of this AD, 11180. Docket No. 94–ANE–54. (1) For engines on-wing that have not had accomplish the required inspection within 25 Supersedes AD 94–26–06, Amendment the diffuser case rear rail FPI or ECI cycles in service of the effective date of this 39-9102. inspected using the procedures referenced in AD. PW JT9D SB No. 5749, Revision 4, dated May (b) An alternative method of compliance or Applicability: Pratt & Whitney (PW) 10, 1993; Revision 5, dated September 29, adjustment of the compliance time that JT9D–59A, –70A, –7Q, and –7Q3 series 1995; Revision 6, dated May 8, 1998; provides an acceptable level of safety may be turbofan engines, installed on but not Revision 7, dated August 19, 1998; or used if approved by the Manager, Engine limited to Airbus A300 series, Boeing Revision 8, dated October 30, 1998; Section Certification Office. Operators shall submit 747 series, and McDonnell Douglas DC– 2, Part 1 A (1)–(3), accomplish the following: their requests through an appropriate FAA (i) Perform an initial on-wing inspection Principal Maintenance Inspector, who may 10 series aircraft. within 25 cycles of the effective date of this Note 1: This airworthiness directive (AD) add comments and then send it to the AD in accordance with Section 2, Part 2 of Manager, Engine Certification Office. applies to each engine identified in the PW JT9D SB No. 5749, Revision 8, dated preceding applicability provision, regardless October 30, 1998. Note 2: Information concerning the of whether it has been modified, altered, or (ii) Thereafter, except as provided in existence of approved alternative methods of repaired in the area subject to the paragraph (a)(4) of this AD, perform on-wing compliance with this airworthiness directive, requirements of this AD. For engines that inspections in accordance with the time if any, may be obtained from the Engine have been modified, altered, or repaired so requirements listed in Section 2, Part 2 of PW Certification Office. that the performance of the requirements of JT9D SB No. 5749, Revision 8, dated October (c) Special flight permits may be issued in this AD is affected, the owner/operator must 30, 1998. accordance with §§ 21.197 and 21.199 of the request approval for an alternative method of (2) For engines on-wing that have had the Federal Aviation Regulations (14 CFR 21.197 compliance in accordance with paragraph (b) diffuser case rear rail FPI or ECI inspected and 21.199) to operate the aircraft to a of this AD. The request should include an using the procedures referenced in PW JT9D location where the requirements of this AD assessment of the effect of the modification, SB No. 5749, Revision 4, dated May 10, 1993; can be accomplished. alteration, or repair on the unsafe condition Revision 5, dated September 29, 1995; (d) The actions required by this AD shall addressed by this AD; and, if the unsafe Revision 6, dated May 8, 1998; Revision 7, be accomplished in accordance with the condition has not been eliminated, the dated August 19, 1998; or Revision 8, dated following Pratt & Whitney SB:

Document No. Pages Revision Date

5749 ...... 1, 2 ...... 8 October 30, 1998. 3 ...... 6 May 8, 1998. 4 ...... 7 August 19, 1998. 5±7 ...... 6 May 8, 1998. 8, 9 ...... 8 October 30, 1998. 10, 11 ...... 6 May 8, 1998. 12 ...... 7 August 19, 1998. 13±18 ...... 6 May 8, 1998. Total pages: 18.

This incorporation by reference was Issued in Burlington, Massachusetts, on May DEPARTMENT OF HEALTH AND approved by the Director of the Federal 18, 1999. HUMAN SERVICES Register in accordance with 5 U.S.C. 552(a) David A. Downey, and 1 CFR part 51. Copies may be obtained Assistant Manager, Engine and Propeller Food and Drug Administration from Pratt & Whitney, Publication Directorate, Aircraft Certification Service. Department, Supervisor Technical 21 CFR Part 184 [FR Doc. 99–13322 Filed 5–25–99; 8:45 am] Publications Distribution, M/S 132–30, 400 BILLING CODE 4910±13±U Main St., East Hartford, CT 06108; telephone [Docket No. 79G±0372] (860) 565–7700, fax (860) 565–4503. Copies may be inspected at the FAA, New England Direct Food Substances Affirmed as Region, Office of Regional Counsel, 12 New Generally Recognized as Safe: England Executive Park, Burlington, MA; or Cellulase Enzyme Preparation Derived at the Office of the Federal Register, 800 From Trichoderma Longibrachiatum North Capitol Street, NW., suite 700, for Use In Processing Food Washington, DC. (e) This amendment becomes effective on AGENCY: Food and Drug Administration, July 26, 1999. HHS. ACTION: Final rule.

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SUMMARY: The Food and Drug qualified by scientific training and consideration of dietary exposure to that Administration (FDA) is amending its experience to evaluate the safety of preparation. regulations to affirm that cellulase substances added to food. The basis of B. Production Organism enzyme preparation derived from such views may be either : (1) Scientific Trichoderma longibrachiatum (formerly procedures, or (2) in the case of a In a submission dated December 7, called Trichoderma reesei) as generally substance used in food prior to January 1988, the petitioner informed the agency recognized as safe (GRAS) is for use in 1, 1958, experience based on common that the International Commission on processing food. This action is in use in food (§ 170.30(a)). General Taxonomy of Fungi (ICTF) had decided response to a petition filed by the AAC recognition of safety based upon to rename the source organism, a fungus Consulting Group, Inc., on behalf of scientific procedures requires the same known for its high cellulase Novo Laboratories, Inc. quantity and quality of scientific productivity, from T. reesei, to T. DATES: This regulation is effective May evidence as is required to obtain longibrachiatum (Ref. 1). The petitioner 26, 1999. The Director of the Office of approval of a food additive regulation presented published studies to assess the Federal Register approves the and ordinarily is based upon published potential pathogenicity of T. incorporation by reference in studies, which may be corroborated by longibrachiatum in mice, rabbits, and accordance with 5 U.S.C. 552(a) and 1 unpublished studies and other data and guinea pigs (Ref. 2). No adverse CFR part 51 of a certain publication in information (§ 170.30(b)). General reactions were reported in these studies. § 184.1250 (21 CFR 184.1250), effective recognition of safety through experience The petitioner also included in its May 26, 1999. based on common use in food prior to petition the results of a search of several FOR FURTHER INFORMATION CONTACT: January 1, 1958, may be determined scientific data bases including Nega Beru, Center for Food Safety and without the quantity or quality of Biological Abstracts, 1977–83; Chemical Applied Nutrition (HFS–206), Food and scientific evidence required for approval Abstracts, 1977–83; Scisearch, 1978–83; Drug Administration, 200 C St. SW., of a food additive regulation and Medline, 1980–83; and Food Science Washington, DC 20204, 202–418–3097. ordinarily is based upon generally and Technology Abstracts, 1969–83. available data and information. SUPPLEMENTARY INFORMATION: The petitioner states that these searches In its petition, Novo Nordisk BioChem demonstrate that T. longibrachiatum is I. Background North America, Inc., relied on scientific well known and available to the In accordance with the procedures procedures, primarily published scientific community, and the data described in § 170.35 (21 CFR 170.35), studies, scientific papers and books, to bases contain studies in which the AAC Consulting Group, Inc. (formerly demonstrate the safety and identity of microorganism, or enzymes derived Arthur A. Checci, Inc.), 7445 Wisconsin the cellulase enzyme and the from it, were utilized without any Ave., suite 850, Bethesda MD 20814, on production strain from which it is evidence of pathogenicity or behalf of Novo Nordisk BioChem North derived. The petitioner provided toxicogenicity being associated with America, Inc. (formerly Novo published studies documenting that their use. The searches did not identify Laboratories, Inc.), State Rd. 1003, P.O. cellulase enzyme preparation derived a single report that T. longibrachiatum Box 576, Franklinton, NC 27525–0576, from nontoxicogenic, nonpathogenic T. is the etiological agent of a disease in submitted a petition (GRASP 9G0260) longibrachiatum is GRAS. man or animals. The agency concludes, requesting affirmation that cellulase In evaluating this petition, the agency based upon the published information enzyme preparation derived from a reviewed information concerning: (1) presented in the petition (Refs. 2 nonpathogenic strain of T. reesei (later The production organism, (2) the through 6) that the production organism renamed T. longibrachiatum) used for identity and function of the cellulase T. longibrachiatum has been adequately processing food is GRAS. Cellulase, the enzyme, (3) the production and identified and determined to be enzyme, is to be distinguished from purification of the cellulase enzyme nontoxicogenic and nonpathogenic (Ref. cellulase enzyme preparation, which preparation, (4) the use of the cellulase 7). contains cellulase as the principal active enzyme preparation in the production of C. Identity and Function of the Cellulase component, but it also contains other food products, and (5) the safety of the Enzyme components derived from the enzyme preparation. production organism and fermentation Cellulase is the accepted name for the media. This document will refer to the III. Safety Evaluation enzyme that catalyzes the former as ‘‘cellulase’’ and the latter as A. Introduction endohydrolysis of 1,4-beta-glucosidic ‘‘cellulase enzyme preparation.’’ linkages in cellulose (Ref. 8). The In the Federal Register of November Commercial enzyme preparations that enzyme will also hydrolyze 1,4-linkages 27, 1979 (44 FR 67731), FDA published are used in food processing typically are in beta-glucans. The enzymatically a notice of filing of GRASP 9G0260, and not chemically pure, but they contain, formed reaction products are mainly gave interested parties an opportunity to in addition to the enzyme component, glucose and cellobiose, a disaccharide submit comments. FDA received one other components that derive from the composed of two glucose molecules. comment in response to the notice. The production organism and fermentation According to the recommendations of comment urged the agency to affirm the media, residual amounts of processing the International Union of Pure and GRAS status of the cellulase enzyme aids, and substances used as stabilizers, Applied Chemistry and the preparation without restricting its use in preservatives or diluents. Issues relevant International Union of Biochemistry food other than to require that the use to a safety evaluation of the enzyme (1972), cellulase has the following of the enzyme be consistent with preparation therefore include the safety designation: Cellulase, E.C. 3.2.1.4 (Ref. current good manufacturing practice. of the enzyme component, the safety of 9). FDA concludes that generally the enzyme source, and the safety of available and accepted data and II. Standards for GRAS Affirmation processing aids and other substances information establish that the cellulase Under § 170.30 (21 CFR 170.30), added during the manufacturing that is the subject of this document is general recognition of safety may be process. A safety evaluation of an capable of achieving its intended based only on the views of experts enzyme preparation also includes technical effect.

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D. Production of Cellulase Enzyme E. Use in Food (Ref. 2). No significant adverse effects Preparation The function of cellulase enzyme were noted in these studies. A published toxicity study with in preparation in food production includes The production process for cellulase utero exposure, and a teratogenicity uses such as the breakdown of the enzyme preparation from T. study, both conducted with rats, cellulose in citrus products, removal of longibrachiatum is described in GRASP reported no adverse effects at levels up fiber from edible oil press cakes, 9G0260 and can be summarized as to 5 percent in the diet (Ref. 2). The increase in starch recovery from follows. A pure culture of T. petitioner also provided published potatoes, extraction of proteins from longibrachiatum is aseptically grown in mutagenicity studies involving the leaves and grasses, tenderizing fruits Ames test, chromosomal aberration a typical culture medium such as one and vegetables prior to cooking, tests, and dominant lethal tests (Ref. 2). containing potato starch, soybean meal, extraction of essential oils and flavoring corn steep liquor, or dextrose. Mineral There was no evidence of mutagenicity material from plant materials, the of the cellulase enzyme preparation in salts, such as phosphates and sulfates, preparation of animal feeds, and other are included in the medium which also any of these tests. Other published uses that are discussed in publications studies with the cellulase enzyme contains an antifoaming agent and a such as the Handbook of Food Additives surfactant. The fermentation is preparation provided by the petitioner (Refs. 11 and 12) . include an inhalation study in rats; skin conducted at 26 to 32 °C with aeration The petitioner also presented and maximal agitation. Cell growth and and eye irritation tests in rabbits; a skin additional published information that irritation test in humans; and a skin the possible presence of foreign the cellulase enzyme preparation sensitivity test in guinea pigs and microorganisms are monitored by taking performed its intended technical effect humans. Finally, because certain samples before inoculation of the in the production of various food species of Trichoderma are known to fermenter, every 24 hours during materials. Cellulase enzyme preparation produce substances that inhibit the cultivation, and before transfer/ has been shown to be effective in the growth of microorganisms, the harvesting. degradation of vegetable tissues and in petitioner tested the culture broth of T. After 100 to 170 hours, the culture the extraction of green tea components, longibrachiatum for antibiotics or broth is subjected to flocculation and vegetable proteins and starches. toxins; the tests were negative (Ref. 2). filtration. The enzyme, which is Cellulase enzyme preparation is also The agency has reviewed the secreted into the extracellular medium, capable of modifying food materials published safety studies in the petition such as vegetables, rice, and soybeans to is separated from the mycelium by along with other available information. markedly influence the digestibility, action of the flocculating agent. This The agency concludes that the cooking quality, shape, and the yield of material is then removed by filtration published safety data support the use of nutrients (Ref. 13). using a filter aid. The enzyme, which cellulase enzyme preparation from T. The agency has considered the longibrachiatum for the enzymatic remains in solution, is concentrated by estimated dietary exposure to cellulase ultrafiltration or vacuum evaporation at breakdown of cellulose in processing ° enzyme preparation from its proposed food (Refs. 16 and 17). 30 to 40 C. The enzyme suspension is use (Refs. 14 and 15). Enzymes, then dried to a powder by spray drying including the petitioned cellulase, are IV. Conclusions or concentrated in liquid form by used in small quantities in food to The agency has evaluated all available vacuum evaporation. The packaged accomplish their intended effects. In information and finds, based upon the finished product, powder or liquid, is addition, many food processes that use published information about the shipped or stored at 4 °C. cellulase also include removal of identity and function of cellulase, that The agency finds that the insoluble solids, a processing step that the enzyme component of cellulase fermentation generating organism is should remove most of the added enzyme preparation will achieve its maintained in a manner to avoid enzyme preparation. Nonetheless, in intended technical effect and raises no contamination and genetic changes, that calculating the estimated dietary toxicity concerns. The agency further the fermentation is a pure culture exposure to cellulase enzyme finds, based upon generally available fermentation initially and is monitored preparation, the agency made the and accepted information, that when the for purity periodically during the conservative assumptions that no cellulase enzyme preparation is manufactured in accordance with culture period, and that the filtration cellulase enzyme preparation is § 184.1250, the source, T. step in the purification process would removed from the food by processing, longibrachiatum, and the manufacturing remove any viable production and all foods that may be treated with process will not introduce impurities organisms from the final product (Ref. cellulase enzyme preparation will be so treated. The agency concludes that the into the preparation that may render its 7). The agency further finds that, dietary exposure to cellulase enzyme use unsafe. Finally the agency finds that because the potential impurities in the preparation does not present a basis for dietary exposure to the cellulase cellulase enzyme preparation that may concern about the safety of its use (Refs. enzyme preparation from the petitioned originate from the source or 16 and 17). use does not present a basis for concern manufacturing process do not raise any about the safe use of the cellulase basis for concern about the safe use of F. Safety Studies enzyme preparation. Therefore, the the preparation, the general The petitioner has provided agency concludes, based on the requirements for enzyme preparations published studies with the cellulase evaluation of published data and as described in the ‘‘Food Chemicals enzyme preparation, corroborated with information, and based upon scientific Codex,’’ 4th ed. (1996) (Ref. 10), which unpublished studies, to demonstrate procedures (§ 170.30(b)), that use of the are being incorporated by reference in that the enzyme preparation is safe for cellulase enzyme preparation derived new § 184.1250 in accordance with 5 use in food. The petitioner provided from T. longibrachiatum for the U.S.C. 552(a) and 1 CFR part 51, are published oral acute toxicity studies enzymatic breakdown of cellulose in adequate as minimum criteria for food- with mice, rats, and dogs and oral processing food is GRAS. Therefore, the grade cellulase enzyme preparation. subchronic studies with rats and dogs agency is affirming that the use of

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28361 cellulase enzyme preparation from T. small entities. In compliance with the 7. Memorandum from Food and Cosmetics longibrachiatum described in the Regulatory Flexibility Act, FDA finds Microbiology Branch, FDA, to GRAS review regulation set out below is GRAS (21 that this final rule will not have a Branch, FDA, January 10, 1980. CFR 184.1(b)(1)) with no limitations significant impact on a substantial 8. King, K. W., and M. I. Vassal, ‘‘Enzymes of the Cellulase Complex,’’ in Cellulase and other that current good manufacturing number of small entities. Their Applications, edited by R. F. Gould practice. No compliance costs are associated ‘‘Advances in Chemistry Series’’ #95, V. Environmental Effects with this final rule because no new American Chemical Society, Washington, activity is required and no current or DC, pp. 7 to 25, 1969. The agency has carefully considered future activity is prohibited. 9.‘‘Enzyme Nomenclature,’’ the potential environmental effects of Accordingly, under the Regulatory recommendations (1972) of the International this action. FDA has concluded that the Flexibility Act (5 U.S.C. 605(b)), the Union of Pure and Applied Chemistry and the International Union of Biochemistry, action will not have a significant impact agency certifies that this final rule will on the human environment, and that an American Elsevier, New York, pp. 212 to 213, not have a significant economic impact 1975. environmental impact statement is not on a substantial number of small 10. ‘‘Monograph on Enzyme Preparations’’ required. The agency’s findings of no entities. in Food Chemicals Codex, 4th ed., National significant impact and the evidence Academy Press, Washington, DC, pp. 129 to supporting these findings, contained in VII. Paperwork Reduction Act of 1995 134, 1996. an environmental assessment, may be This final rule contains no collections 11. Underkofler, L. A., ‘‘Enzymes’’ in CRC seen in the Dockets Management Branch of information. Therefore, clearance by Handbook of Food Additives, edited by T. E. Furia, The Chemical Rubber Co., Ohio, pp. 80 (HFA–305), Food and Drug the Office of Management and Budget Administration, rm. 1061, Rockville, to 82, 1968. under the Paperwork Reduction Act of 12. Malmos, H., ‘‘Industrial Applications of MD 20852, between 9 a.m. and 4 p.m., 1995 is not required. Cellulase: Enzyme Applications in Food, Monday through Friday. VIII. Effective Date Pharmaceuticals and Other Industries,’’ in VI. Analysis of Impacts American Institute of Chemical Engineers As this rule recognizes an exemption Symposium Series, vol. 74, 1976/77, pp. 93– A. Analysis for Executive Order 12866 from the food additive definition in the 99. Federal Food, Drug, and Cosmetic Act, 13. Toyoma, N., ‘‘Applications of FDA has examined the impacts of this Cellulases in Japan,’’ pp. 359 to 390, in final rule under Executive Order 12866. and from the approval requirements Cellulases and Their Applications, edited by Executive Order 12866 directs agencies applicable to food additives, no delay in R. F. Gould, Advances in Chemistry Series to assess the costs and benefits of effective date is required by the 195, American Chemical Society, available regulatory alternatives and, Administrative Procedure Act (5 U.S.C. Washington, DC, 1969. when regulation is necessary, to select 553(d)). The rule will therefore be 14. Memorandum from Food and Color regulatory approaches that maximize effective immediately (5 U.S.C. Additives Review Section, FDA, to Direct 553(d)(1)). Additives Branch, FDA, February 21, 1989. net benefits (including potential 15. Memorandum from Food and Color economic, environmental, public health IX. References Additives Review Section, FDA, to Direct and safety effects; distributive impacts; Additives Branch, FDA, June 22, 1990. and equity). According to Executive The following references have been 16. Memorandum from Additives Order 12866, a regulatory action is placed on display in the Dockets Evaluation Branch, FDA, to Direct Additives significant if it meets any one of a Management Branch (address above) Branch, FDA, July 11, 1990. number of specified conditions, and may be seen by interested persons 17. Memorandum from Additives including having an annual effect on the between 9 a.m. and 4 p.m., Monday Evaluation Branch, FDA, to Direct Additives economy of $100 million, adversely through Friday. Branch, FDA, June 29, 1993. affecting in a material way a sector of 1. Cannon, P. F., ‘‘International List of Subjects in 21 CFR Part 184 the economy, competition, or jobs, or if Commission on the Taxonomy of Fungi (ICTF): Name Changes in Fungi of Food ingredients, Incorporation by it raises novel legal or policy issues. Microbiological Industrial and Medical reference. FDA finds that this final rule is not a Importance. Part 2,’’ Microbiological Therefore, under the Federal Food, significant regulatory action as defined Sciences, 3(9): 285 to 287, 1986. Drug, and Cosmetic Act and under by Executive Order 12866. In addition, 2. Hjortkjaer, R. K. et al., ‘‘Safety authority delegated to the Commissioner it has been determined that this final Evaluation of Celluclast TM, an Acid of Food and Drugs and redelegated to rule is not a major rule for the purpose Cellulase Derived From Trichoderma reesei,’’ the Director, Center for Food Safety and of congressional review. Food Chemical Toxicity, 21 (1) 55 to 63, 1986. Applied Nutrition, 21 CFR part 184 is The primary benefit of this action is amended as follows: to remove uncertainty about the 3. ‘‘Specifications for the Identity and Purity of Some Enzymes and Certain Other regulatory status of the petitioned Substances’’ in the Fifteenth Report of the PART 184ÐDIRECT FOOD substance. No compliance costs are Joint FAO/WHO Expert Committee on Food SUBSTANCE AFFIRMED AS associated with this final rule because Additives; WHO Food Additive Series, No. 2, GENERALLY RECOGNIZED AS SAFE no new activity is required and no pp. 3 to 5, 1972 . current or future activity is prohibited 4. Rifai, M. A., ‘‘A Revision of the Genus 1. The authority citation for 21 CFR by this rule. Trichoderma’’ in Mycological Papers, No. part 184 continues to read as follows: 116, pp. 42 to 44, 1969. Authority: 21 U.S.C. 321, 342, 348, 371. B. Regulatory Flexibility Analysis 5. Simmons, E. G., ‘‘Classification of Some Cellulase Producing Trichoderma Species’’ in 2. Section 184.1250 is added to FDA has examined the impacts of this subpart B to read as follows: final rule under the Regulatory Second International Mycological Congress, Book of Abstracts, p. 618, 1977. § 184.1250 Cellulase enzyme preparation Flexibility Act. The Regulatory 6. Church, B. D., N. A. Nash, and W. Brosz, derived from Trichoderma longibrachiatum. Flexibility Act (5 U.S.C. 601–612) ‘‘Use of Fungi Imperfecti in Treating Food requires Federal agencies to consider Processing Wastes,’’ in Development in (a) Cellulase enzyme preparation is alternatives that would minimize the Industrial Microbiology, vol. 13, pp. 30 to 46, derived from a nonpathogenic, economic impact of their regulations on 1972. nontoxicogenic strain of Trichoderma

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28362 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations longibrachiatum (formerly T. reesei). to the Indiana regulatory program the approved mining and reclamation The enzyme, cellulase, catalyzes the (Indiana program) under the Surface plans that adversely affect the endohydrolysis of 1,4-beta-glycosidic Mining Control and Reclamation Act of permittee’s compliance with state linkages in cellulose. It is obtained from 1977 (SMCRA). The amendment statutes and regulations. In the March the culture filtrate resulting from a pure concerned revisions to and additions of 16, 1999, Federal Register notice culture fermentation process. statutes pertaining to other State and disapproving this provision, we cited (b) The ingredient meets the general Federal laws and permit revisions. At three problems with the proposed and additional requirements for enzyme the request of the Indiana Department of language. The discussion of those three preparations in the monograph Natural Resources (IDNR), we are problems is not intended to affect the specifications on enzyme preparations providing clarification of our decision currently approved regulation at 310 in the ‘‘Food Chemicals Codex,’’ 4th ed. findings and responses to comments for IAC 12–3–121(a)(1) cited by the Indiana (1996), pp. 129 to 134, which is two provisions relating to permit Coal Council (ICC) in their comments of incorporated by reference in accordance revisions that we disapproved in a June 26,1998, in support of the with 5 U.S.C. 552(a) and 1 CFR part 51. previous final rule decision document proposed change (Administrative Copies are available from the National dated March 16, 1999 (64 FR 12890). Record No. IND–1617). The portion of Academy Press, 2101 Constitution Ave. This clarification supplements our this regulation cited by the ICC requires NW., Box 285, Washington, DC 20055 previous findings made in section III. revisions to permits for changes in (Internet ‘‘http://www.nap.edu’’), or Director’s Findings and our responses to surface coal mining or reclamation may be examined at the Center for Food comments made in section IV. Summary operations described in the original Safety and Applied Nutrition’s Library, and Disposition of Comments of that application and approved under the 200 C St. SW., rm. 3321, Washington, final rule document, but does not affect original permit, when such changes DC, or at the Office of the Federal our decision made in section V. constitute a significant departure from Register, 800 North Capitol St. NW., Director’s Decision. the method of conduct of mining or suite 700, Washington, DC. EFFECTIVE DATE: May 26, 1999. reclamation operations contemplated by the original permit. In addition to the (c) In accordance with § 184.1(b)(1), FOR FURTHER INFORMATION CONTACT: portion cited by the ICC, the regulation the ingredient is used in food with no Andrew R. Gilmore, Director, at 310 IAC 12–3–121(a)(1) goes on to limitation other than current good Indianapolis Field Office, Office of state that changes which constitute a manufacturing practice. The affirmation Surface Mining Reclamation and significant departure shall include, but of this ingredient as generally Enforcement, Minton-Capehart Federal not be limited to, those that could result recognized as safe (GRAS) as a direct Building, 575 North Pennsylvania human food ingredient is based upon in an operator’s inability to comply with Street, Room 301, Indianapolis, Indiana applicable requirements (emphasis the following current good 46204–1521. Telephone (317) 226–6700. manufacturing practice conditions of added). The proposed statutory change Internet: [email protected]. we disapproved would have been in use: SUPPLEMENTARY INFORMATION: On March (1) The ingredient is used in food as conflict with the current regulation in 16, 1999, we published a final rule that it would have imposed a limitation an enzyme as defined in § 170.3(o)(9) of approving, with certain exceptions, a this chapter for the breakdown of inconsistent with this previous May 14, 1998, amendment to the approved regulation. However, we do cellulose. Indiana program. The amendment (2) The ingredient is used in food at not intend for our disapproval of IC 14– concerned revisions to Indiana Code 34–5–7(a) to impact the current levels not to exceed current good (IC) 14–8 and several sections of IC 14– manufacturing practice. discretion that Indiana has within its 34 made by the Indiana House Enrolled approved program to determine when a Dated: May 17, 1999. Act No. 1074 (HEA 1074). By letter revision is required. L. Robert Lake, dated May 12, 1999, the IDNR asked us IC 14–34–5–8.2(4) Post-Mining Land Director, Office of Policy, Planning and to clarify our disapproval of two Strategic Initiatives, Center for Food Safety revisions to the Indiana Code that were Use as Nonsignificant Permit Revisions and Applied Nutrition. included in HEA 1074. The IDNR was As proposed, this provision would [FR Doc. 99–13151 Filed 5–25–99; 8:45 am] concerned that the language we used in classify a revision as nonsignificant that BILLING CODE 4160±01±F the preamble discussion of the involved a land use change other than disapproved revisions would have an those listed in IC 14–34–5–8.1(8). adverse impact on the existing approved Section 8.1(8) listed, as significant DEPARTMENT OF THE INTERIOR Indiana program. This final rule clarifies revisions, residential land uses, the preamble discussion of our final commercial or industrial land uses, Office of Surface Mining Reclamation decision and our responses to the recreational land uses, and developed and Enforcement comments received on these two water resources meeting the size criteria revisions. First, we disapproved IC 14– of 30 CFR 77.216(a). In a letter faxed to 30 CFR Part 914 34–5–7–7(a), which defined a permit us on December 21, 1998, responding to revision. Second, we disapproved IC our concerns regarding this provision, [SPATS No. IN±144±FOR] 14–34–5–8.2(4), which added a the IDNR indicated that it interpreted Indiana Regulatory Program guideline that would require Indiana to this provision to mean that Indiana approve postmining land use changes, would retain discretion to determine AGENCY: Office of Surface Mining with specified exceptions, as that land use changes other than those Reclamation and Enforcement, Interior. nonsignificant permit revisions. listed in IC 14–34–8.1(8) could be ACTION: Final rule; clarification. significant revisions (Administrative IC 14–34–5–7(a), Definition of Permit Record No. IND–1627). However, we SUMMARY: The Office of Surface Mining Revision disapproved this proposed revision Reclamation and Enforcement (OSM) is As proposed, this provision would because we feel that it is clear on its face clarifying its decision and responses to define a permit revision as a change in that the proposed change would remove comments it received on an amendment mining or reclamation operations from such discretion. We went on to explain

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28363 that we felt there are clearly times when SUPPLEMENTARY INFORMATION: Under the loan may not exceed the greater of the other land use changes could warrant authority of 38 U.S.C. chapter 37, VA original guaranty amount of the loan being considered a significant revision. guarantees loans made by lenders to being refinanced or 25 percent of the However, it is not our intent to indicate eligible veterans to purchase, construct, loan; and that all other land use changes must be improve, or refinance their homes (the * * * * * considered a significant revision. Nor is term veteran as used in this document Approved: May 21, 1999. it our intent to alter OSM’s position as includes any individual defined as a Togo D. West, Jr., reflected in other regulatory actions veteran under 38 U.S.C. 101 and 3701 Secretary of Veterans Affairs. for the purpose of housing loans). This relating to significant permit revisions, [FR Doc. 99–13396 Filed 5–21–99; 3:38 pm] such as those for the Federal program in document amends VA’s loan guaranty BILLING CODE 8320±01±P Tennessee. We do feel that it is essential regulations by revising the requirements for Indiana to continue to have the for VA-guaranteed IRRRLs. discretion to determine, on a case-by- The IRRRL program was established case basis, that other land use changes by Public Law No. 96–385, October 7, ENVIRONMENTAL PROTECTION besides those listed in section 8.1(8) 1980. IRRRLs are designed to assist AGENCY veterans by allowing them to refinance may constitute a significant revision. 40 CFR Part 180 Therefore, this provision was an outstanding VA-guaranteed loan with disapproved. a new loan at a lower rate. The OPP±300864; FRL±6081±8] provisions of 38 U.S.C. 3703(c)(3) and Dated: May 18, 1999. 3710(e)(1)(C) allow the veteran to do so RIN 2070±AB78 Brent Wahlquist, without having to pay any out-of-pocket Spinosad; Pesticide Tolerance Regional Director, Mid-Continent Regional expenses. The veteran may include in Coordinating Center. the new loan the outstanding balance of AGENCY: Environmental Protection [FR Doc. 99–13336 Filed 5–25–99; 8:45 am] the old loan plus reasonable closing Agency (EPA). BILLING CODE 4310±05±P costs, including up to two discount ACTION: Final rule. points. We published a final rule in the SUMMARY: This regulation establishes DEPARTMENT OF VETERANS Federal Register on April 23, 1999 (64 time-limited tolerances for residues of AFFAIRS FR 19906), to amend the loan guaranty spinosad in or on sweet corn at 0.02 regulations concerning the requirements parts per million (ppm), sweet corn 38 CFR Part 36 for IRRRLs. Under the final rule, forage at 0.6 ppm, sweet corn stover at RIN 2900±AI92 generally to obtain an IRRRL the 1.0 ppm, and a permanent tolerance for veteran’s monthly mortgage payment tuberous and corm vegetables (crop Loan Guaranty: Requirements for must decrease. Also, the final rule subgroup 1C) at 0.02 ppm. The Interest Rate Reduction Refinancing provides that the loan being refinanced Interregional Research Project Number 4 Loans must not be delinquent or the veteran (IR-4) requested the tolerance for seeking the loan must meet certain AGENCY: Department of Veterans Affairs. tuberous and corm vegetables (crop credit standard provisions. subgroup 1C). Dow AgroScience ACTION: Final rule; correction and delay We are changing 38 CFR Company requested tolerances for sweet of effective date. 36.4306a(a)(6) in the final rule to reflect corn. These tolerances were requested statutory provisions at 38 U.S.C. SUMMARY: This document makes a under the Federal Food, Drug, and correction to a final rule amending our 3710(e)(1)(D) which state that the dollar Cosmetic Act, as amended by the Food loan guaranty regulations concerning amount of guaranty on IRRRLs may not Quality Protection Act of 1996. exceed the greater of the original the requirements for Interest Rate DATES: This regulation is effective May guaranty amount of the loan being Reduction Refinancing Loans (IRRRLs). 26, 1999. Objections and requests for refinanced or 25 percent of the loan. This document also delays for 14 days hearings must be received by EPA on or Since this change merely restates the effective date of the final rule. Under before July 26, 1999. statutory provisions there is a basis for the final rule, generally to obtain an ADDRESSES: Written objections and IRRRL the veteran’s monthly mortgage dispensing with notice-and-comment and delayed effective date provisions of hearing requests, identified by the payment must decrease. Also, the final docket control number, [OPP–300864], rule provides that the loan being 5 U.S.C. 553. We are also changing the effective must be submitted to: Hearing Clerk refinanced must not be delinquent or date of the final rule. The effective date (1900), Environmental Protection the veteran seeking the loan must meet for the final rule was scheduled to be Agency, Rm. M3708, 401 M St., SW., certain credit standard provisions. The May 24, 1999. This document changes Washington, DC 20460. Fees new effective date is June 7, 1999. These the effective date to June 7, 1999. accompanying objections and hearing actions are needed because of a lawsuit These actions are needed because of requests shall be labeled ‘‘Tolerance concerning the final rule. a lawsuit concerning the final rule. Petition Fees’’ and forwarded to: EPA DATES: The final rule published in the Headquarters Accounting Operations Accordingly, in FR Doc. 99–10146 Federal Register on April 23, 1999 (64 Branch, OPP (Tolerance Fees), P.O. Box published on April 23, 1999 (64 FR FR 19906), with changes made by this 360277M, Pittsburgh, PA 15251. A copy 19906) make the following correction. document, is effective June 7, 1999. of any objections and hearing requests On page 19910, in § 36.4306a, paragraph FOR FURTHER INFORMATION CONTACT: R.D. filed with the Hearing Clerk identified (a)(6) is corrected to read as follows: Finneran, Acting Assistant Director for by the docket control number, [OPP– Loan Policy and Valuation (262), Loan § 36.4306a Interest rate reduction 300864], must also be submitted to: Guaranty Service, Veterans Benefits refinancing loan. Public Information and Records Administration, Department of Veterans (a) * * * Integrity Branch, Information Resources Affairs, 810 Vermont Avenue, NW, (6) The dollar amount of guaranty on and Services Division (7502C), Office of Washington, DC 20420, (202) 273–7368. the 38 U.S.C. 3710(a)(8) or (a)(9)(B)(i) Pesticide Programs, Environmental

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Protection Agency, 401 M St., SW., consist of two related spinosyn concerning the variability of the Washington, DC 20460. In person, bring compounds, Factor A and Factor D both sensitivities of major identifiable a copy of objections and hearing of which serve as active ingredients. subgroups of consumers, including requests to Rm. 119, Crystal Mall #2, They are typically present at an 85:15 infants and children. The nature of the 1921 Jefferson Davis Hwy., Arlington, A:D ratio. toxic effects caused by spinosad are discussed in this unit. VA. I. Background and Statutory Findings A copy of objections and hearing 1. Acute toxicity. Spinosad has low requests filed with the Hearing Clerk Section 408(b)(2)(A)(i) of the FFDCA acute toxicity. The rat oral lethal dose may be submitted electronically by allows EPA to establish a tolerance (the (LD50) is 3,738 milligram(mg)/ sending electronic mail (e-mail) to: opp- legal limit for a pesticide chemical kilogram(kg) for males and > 5,000 mg/ [email protected]. Copies of objections residue in or on a food) only if EPA kg for females, whereas the mouse oral and hearing requests must be submitted determines that the tolerance is ‘‘safe.’’ (LD50) is >5,000 mg/kg. The rabbit as an ASCII file avoiding the use of Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to dermal LD50 is >5,000 mg/kg and the rat special characters and any form of mean that ‘‘there is a reasonable inhalation lethal concentration (LC50) is encryption. Copies of objections and certainty that no harm will result from >5.18 mg/liter(l) air. In addition, hearing requests will also be accepted aggregate exposure to the pesticide spinosad is not a skin sensitizer in on disks in WordPerfect 5.1/6.1 file chemical residue, including all guinea pigs and does not produce format or ASCII file format. All copies anticipated dietary exposures and all significant dermal or ocular irritation in of objections and hearing requests in other exposures for which there is rabbits. End use formulations of electronic form must be identified by reliable information.’’ This includes spinosad that are water based the docket control number [OPP– exposure through drinking water and in suspension concentrates have similar 300864]. No Confidential Business residential settings, but does not include low acute toxicity profiles. Information (CBI) should be submitted occupational exposure. Section 2. Genotoxicity. Short term assays for through e-mail. Electronic copies of 408(b)(2)(C) requires EPA to give special genotoxicity consisting of a bacterial objections and hearing requests on this consideration to exposure of infants and reverse mutation assay (Ames test), an rule may be filed online at many Federal children to the pesticide chemical in vitro assay for cytogenetic damage Depository Libraries. residue in establishing a tolerance and using the Chinese hamster ovary cells, to ‘‘ensure that there is a reasonable an in vitro mammalian gene mutation FOR FURTHER INFORMATION CONTACT: By assay using mouse lymphoma cells, an mail: Sidney Jackson, Registration certainty that no harm will result to in vitro assay for DNA damage and Division (7505C), Office of Pesticide infants and children from aggregate exposure to the pesticide chemical repair in rat hepatocytes, and an in vivo Programs, Environmental Protection cytogenetic assay in the mouse bone Agency, 401 M St., SW., Washington, residue....’’ EPA performs a number of analyses to marrow (micronucleus test) have been DC 20460. Office location, telephone determine the risks from aggregate conducted with spinosad. These studies number, and e-mail address: Rm. 272, exposure to pesticide residues. For show a lack of genotoxicity. Crystal Mall #2, 1921 Jefferson Davis further discussion of the regulatory Hwy., Arlington, VA, (703) 305–7610, requirements of section 408 and a 3. Reproductive toxicity. In a 2– [email protected]. complete description of the risk generation reproduction study, groups SUPPLEMENTARY INFORMATION: In the assessment process, see the final rule on of Sprague-Dawley rats (30/sex/group) Federal Register of April 8, 1999 (64 FR Bifenthrin Pesticide Tolerances (62 FR received diets containing Spinosad 17174) (FRL–6071–2), EPA issued a 62961, November 26, 1997) (FRL–5754– (88.0%) at dose levels of 0, 0.005, 0.02, notice pursuant to section 408 of the 7). or 0.2% (3, 10, or 100 mg/kg/day, Federal Food, Drug, and Cosmetic Act respectively) for two successive (FFDCA), 21 U.S.C. 346a as amended by II. Aggregate Risk Assessment and generations. For parental systemic the Food Quality Protection Act of 1996 Determination of Safety toxicity, the no-observed adverse effect (FQPA) (Public Law 104–170) Consistent with section 408(b)(2)(D), level (NOAEL) was 0.02% (10 mg/kg/ announcing the filing of a pesticide EPA has reviewed the available day) and the lowest-observed adverse petition (PP) for tolerance by the scientific data and other relevant effect level (LOAEL) was 0.2% (100 mg/ Interregional Research Project Number 4 information in support of this action. kg/day), based on increased heart, (IR-4), New Jersey Agricultural EPA has sufficient data to assess the kidney, liver, spleen, and thyroid Experimental Station: P.O. Box 231, hazards of spinosad and to make a weights (both sexes), histopathology in Rutgers University, New Brunswick, NJ determination on aggregate exposure, the spleen and thyroid (both sexes), and on September 16, 1998 (63 FR consistent with section 408(b)(2), for heart and kidney (males), and 49568) (FRL–6025–8) by the Dow tolerances for residues of spinosad on histopathologic lesions in the lungs and AgroScience Company, 9330 Zionsville sweet corn at 0.02 ppm, sweet corn mesenteric lymph nodes (both sexes), Road, Indianapolis, IN 46254. Each forage at 0.6 ppm, sweet corn stover at stomach (females), and prostate. For notice included a summary of the 1.0 ppm and a tolerance for tuberous offspring toxicity, the NOAEL was petition prepared by Dow AgroSciences, and corm vegetables (crop subgroup 1C) 0.02% (10 mg/kg/day) and the LOAEL the registrant. at 0.02 ppm. EPA’s assessment of the was 0.2% (100 mg/kg/day) based on These petitions requested that 40 CFR dietary exposures and risks associated decreased litter size, survival (F2), and 180.495 be amended by establishing with establishing the tolerance follows. body weights. Reproductive effects at tolerances for residues of the insecticide that dose level included increased spinosad, in or on sweet corn at 0.02 A. Toxicological Profile incidence of dystocia and/or vaginal ppm, sweet corn forage at 0.6 ppm, EPA has evaluated the available bleeding after parturition with sweet corn stover at 1.0 ppm, and for toxicity data and considered its validity, associated increase in mortality of dams. tuberous and corm vegetables (crop completeness, and reliability as well as 4. Developmental toxicity. In a subgroup 1C) at 0.02 ppm. Spinosad is the relationship of the results of the prenatal developmental toxicity study, a fermentation product of studies to human risk. EPA has also groups of pregnant Sprague-Dawley rats Saccharopolyspora spinosa. Spinosad considered available information (30/group) received oral (gavage)

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28365 administration of Spinosad (88.6%) in (RfD) of 0.027 mg/kg/day for spinosad. respectively). Neurobehavioral testing aqueous 0.5% methylcellulose at dose The RfD has incorporated a 100–fold performed at 3, 6, 9, and 12 months of levels of 0, 10, 50, or 200 mg/kg/day safety factor to the NOAELs found in the study was negative, and during gestation days 6 through 17. For chronic dog study to account for inter- histopathological evaluation of perfused maternal toxicity, the NOAEL was >200 and intra-species variation. The tissues at study termination did not mg/kg/day (the highest dose tested NOAELs shown in the dog chronic identify pathology of the central or (HDT)); a LOAEL was not established. study were 2.68 and 2.72 mg/kg/day, peripheral nervous system. There was Marginal maternal toxicity was reported respectively for male and female dogs. no evidence of neurotoxicity. For at this dose level (decreased body The NOAELs (systemic) shown in the neuropathology, the NOAEL was 0.1% weight gain). Based upon the results of rat chronic/carcinogenicity/ (>49.4 mg/kg/day for males and >62.8 a range-finding study, which showed neurotoxicity study were 9.5 and 12.0 mg/kg/day for females). maternal toxicity (body weight and food mg/kg/day, respectively for male and 8. Metabolism. In rat metabolism of consumption decreases at 100 and 300 female rats. The LOAEL (systemic) was spinosad (technical), no major mg/kg/day), the dose level of 200 mg/ 24.1 and 30.3 mg/kg/day for males and differences were found between the kg/day in the main study was females, respectively based on bioavailability, routes of excretion, or considered adequate. For developmental vacuolation of epithelial follicular cells metabolism of 14C-XDE-105 (Factor A) toxicity, the NOAEL was >200 mg/kg/ of the thyroid. and 14C-XDE-105 (Factor D) in Fischer day; a LOAEL was not established. In Using the Guidelines for Carcinogen 344 rats following oral administration as the range-finding study, fetal body Risk Assessment published September a suspension of 100 mg/kg bwt. The weight decrements occurred at 300 mg/ 24, 1986 (51 FR 33992), it is proposed major elimination route was fecal kg/day. that spinosad be classified as Group E excretion for both factors. About 80% In a prenatal developmental toxicity for carcinogenicity (no evidence of (Factor A) and 66% (Factor D) was study, groups of pregnant New Zealand carcinogenicity) based on the results of absorbed with about 20% (Factor A) and White rabbits (20/group) received oral carcinogenicity studies in two species. 34% (Factor D) of the dose eliminated (gavage) administration of Spinosad There was no evidence of unabsorbed in the feces. By 48 hours (88.6%) in 0.5% aqueous methyl carcinogenicity in an 18–month mouse post-dosing, >60% (Factor A) & >80% cellulose at doses of 0, 2.5, 10, or 50 mg/ feeding study and a 24–month rat (Factor D) had been recovered in the kg/day during gestation days 7 through feeding study at all dosages tested. The urine and the feces. Based on the 19. For maternal toxicity, the NOAEL NOAELs shown in the mouse terminal half-lives for fecal and urinary was ´50 mg/kg/day HDT; a LOAEL was carcinogenicity study were 11.4 and excretion, the elimination half-life for not established. At this dose, slight body 13.8 mg/kg/day, respectively for male Factor A ranged from 25–42 hours and weight loss was observed in the first few and female mice. A maximum tolerated the half-life for Factor D ranged from days of dosing, but this finding was not dose was achieved at the top dosage 29–33 hours. The tissues and carcass supported by other signs. In the range- level tested in both of these studies contained very low levels of finding study, inanition was observed at based on excessive mortality. Thus, the radioactivity at 168 hours post-dosing, doses of 100, 200, and 400 mg/kg/day, doses tested are adequate for identifying <0.1% of the administered dose/gram with significant decreases in body a cancer risk. Accordingly, a cancer risk tissue.The primary fecal, urinary, and weight gain during dosing. All does at assessment is not needed. the biliary metabolites were identified these dose levels were sacrificed prior to 7. Neurotoxicity. In an acute as the glutathione conjugates of the scheduled termination; no fetal data neurotoxicity study, groups of Fischer parent and N- and O-demethylated XDE- were available. No evidence of 344 rats (10/sex/dose) received a single 105. The absorption, distribution, developmental toxicity was noted. For oral (gavage) administration of Spinosad metabolism, and elimination of 14C- developmental toxicity, the NOAEL was (87.9%) at dose levels of 0, 200, 630, or XDE-105 were similar for Factors A and ´50 mg/kg/day; a LOAEL was not 2,000 mg/kg. There were no effects on D. established. (No fetal effects were noted neurobehavioral endpoints or The residue of concern for tolerance for fetuses of the range-finding study at histopathology of the nervous system. setting purposes is the parent material doses up to 50 mg/kg/day). For neurotoxicity, the NOAEL was (spinosyn A and spinosyn D). Thus, 5. Subchronic toxicity. Spinosad was >2,000 mg/kg (HDT); a LOAEL was not there is no need to address metabolite evaluated in 13–week dietary studies established. toxicity. and showed NOAELs of 4.89 and 5.38 In a subchronic neurotoxicity study, mg/kg/day, respectively in male and groups of Fischer 344 rats (10/sex/dose) B. Toxicological Endpoints female dogs; 6 and 8 mg/kg/day, were administered diets containing 1. Acute toxicity. EPA did not select respectively in male and female mice; Spinosad at levels of 0, 0.003, 0.006, a dose and endpoint for an acute dietary and 33.9 and 38.8 mg/kg/day, 0.012, or 0.06%(0, 2.2, 4.3, 8.6, or 42.7 risk assessment due to the lack of respectively in male and female rats. mg/kg/day for males and 2.6, 5.2, 10.4, toxicological effects attributable to a The LOAELs in the male rat and female or 52.1 mg/kg/day for females, single exposure (dose) in studies rat were 68.5 and 78.1 mg/kg/day, respectively). There were no effects on available in the data base including oral respectively based on decreased body neurobehavioral endpoints or developmental toxicity studies in rats weight gain, anemia, and vacuolation in histopathology of the nervous system. and rabbits. In the acute neurotoxicity multiple organs (kidney, liver, heart, For neurotoxicity, the NOAEL was study the NOAEL was not shown at spleen, adrenals, and thyroid). No ´42.7 for males and ≥52.1 mg/kg/day 2,000 mg/kg/day HDT. A risk dermal irritation or systemic toxicity for females (HDT). assessment is not required as no occurred in a 21–day repeated dose In the 2–year chronic toxicity study, appropriate endpoint is available. dermal toxicity study in rats given 1,000 groups of Fischer 344 rats (65/sex/dose) 2. Short- and intermediate-term mg/kg/day. received diets containing Spinosad at toxicity—Short- (1 day to 7 days), 6. Chronic toxicity and dose levels of 0, 0.005, 0.02, 0.05, or intermediate- (1 week to several carcinogenicity. Based on chronic 0.1% (0, 2.4, 9.5, 24.1, or 49.4 mg/kg/ months), and chronic-term occupational testing with spinosad in the dog and the day for males and 0, 3.0, 12.0, 30.3, or and residential dermal and inhalation rat, the EPA has set a reference dose 62.2 mg/kg/day for females, toxicity). EPA did not select a dose or

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The Agency determine whether exposure to endpoints; (ii) the combination of did not select a dose and endpoint for spinosad via drinking water is likely to molecular structure and size as well as an acute dietary risk assessment due to be of concern. the lack of dermal or systemic toxicity the lack of toxicological effects EPA concludes that the available data at 2,000 mg/kg/day in a 21–day dermal attributable to a single exposure (dose) on spinosad show that the compound is toxicity study in rats which indicates in studies available in the data base not mobile or persistent, and therefore the lack of dermal absorption; and (iii) including oral developmental toxicity has little potential to leach to ground the lack of long-term exposure based on studies in rats and rabbits. In the acute water. Spinosad may however the current use pattern. EPA also neurotoxicity study, the NOAEL was contaminate surface water upon the determined that based on the current ≥2,000 mg/kg/day. release of water from flooded fields to use pattern and exposure scenario, an Acute dietary risk assessments are the environment. Additionally, EPA’s inhalation risk assessment is not performed for a food-use pesticide if a Metabolism Assessment Review required. toxicological study has indicated the Committee determined that the 3. Chronic toxicity. EPA has possibility of an effect of concern spinosyn Factors A and D are not established the RfD for spinosad at occurring as a result of a 1–day or single expected to reach groundwater (2/10/ 0.027 mg/kg/day. This RfD is based on exposure. No acute toxicological 98). In order to assess drinking water a NOAEL of 2.68 mg/kg/day established endpoints were identified for spinosad exposures, EPA used the screening in a chronic toxicity study in dogs. The due to the lack of toxicological effects models PRZM (pesticide root zone LOAEL was 8.46 mg/kg/day based on attributable to a single exposure (dose). model) and EXAMS (exposure analysis vacuolation in glandular cells Therefore, the Agency concludes that modeling systems) to generate surface (parathyroid) and lymphatic tissues, there is a reasonable certainty of no water EECs associated with application arteritis and increases in serum enzymes harm from acute dietary exposure. of spinosad to various crops. Modeled such as alanine aminotransferase, and Acute dietary risk assessment is not scenarios were selected because they are aspartate aminotransferase, and required. expected to represent roughly the upper triglyceride levels in dogs fed spinosad ii. Chronic exposure and risk. In 90th percentile for surface water in the diet at dose levels of 1.44, 2.68, conducting this chronic dietary risk vulnerability, given the chemical’s or 8.46 mg/kg/day for 52 weeks. A 100– assessment, EPA has made very geographic use range. The Tier 2 fold uncertainty factor (UF) was applied conservative assumptions: 100% of chronic surface water EEC for spinosad to the NOAEL of 2.68 mg/kg//day to citrus, almonds, apples, fruiting (except is 0.092 µg/L and is based on account for inter- and intra- species cucurbit) vegetables, Brassica leafy application of the insecticide to cole variation. The resulting RfD was vegetables, leafy vegetables, cottonseed, crops (0.13 lb a.i./A/application, 0.45 lb calculated to be 0.0268 mg/kg/day. and ruminant commodities having a.i./A/season). The EEC value is over 4. Carcinogenicity. The RfD spinosad tolerances will contain 1,000 times less than the lowest Committee determined that there is no spinosad residues and those residues DWLOC. Based on the studies, the evidence of carcinogenicity in studies in will be at the level of the established Agency concludes that drinking water is either the mouse or rat. Therefore, a tolerance. Additionally, residues of 0.02 not expected to be a significant source carcinogenic risk assessment is not ppm were assumed for all other forms of exposure to spinosad. required. to support a pending section 18 action i. Acute exposure and risk. No acute on spinosad. This results in an toxicity endpoints were determined C. Exposures and Risks overestimate of human dietary from testing and the Agency concludes 1. From food and feed uses. exposure. Thus, in making a safety that there is a reasonable certainty of no Tolerances have been established (40 determination for proposed tolerance(s), harm from acute risk from drinking CFR 180.495) for the residues of EPA is taking into account this water. No acute risk assessment is spinosad, in or on a variety of raw conservative exposure assessment. required. agricultural commodities. Spinosad is The existing spinosad tolerances ii. Chronic exposure and risk. For the registered for use on a number of (published, pending, and including the most highly exposed population agricultural commodities, including necessary section 18 tolerances) result subgroup, children (1–6 years old), apples, Brassica vegetables, and fruiting in a Theoretical Maximum Residue chronic dietary (food only) exposure vegetables (excluding cucurbits). Contribution (TMRC) that is equivalent occupies 39% of the cPAD. This is a Additionally, spinosad is registered for to the following percentages of the conservative risk estimate for reasons pest control in turfgrass and ornamental FQPA chronic population adjusted dose described above. The chronic lowest plants. Application rates range from (cPAD) for the following population DWLOC for the infants and children 0.023 to 0.156 lb a.i./(acre)A, depending subgroups: for the U.S. population (48 subgroup is 170 ppb. The chronic on the target pest and the crop. The states) the TMRC is 0.005658 mg/kg/day modeling estimates (EECs) for spinosad maximum seasonal application rate is which represents 21% of the cPAD, and residues in surface water are as high as 0.45 lb a.i./A. Application intervals for children (1 to 6 years old), the 0.092 ppb from use on Brassica leafy range from 7 to 14 days, with restriction highest exposed subgroup, the TMRC is vegetables. The maximum estimated against too many applications per 0.010522 mg/kg/day utilizing 39% of concentrations of spinosad in surface season and/or pest generation, to avoid the cPAD. water are less than EPA’s levels of resistance. Pre-harvest intervals range 2. From drinking water. Monitoring concern for spinosad in drinking water from 1 to 14 days. Risk assessments data depicting residue levels of as a contribution to chronic aggregate were conducted by EPA to assess spinosad in drinking water are not exposure. Therefore, taking into account dietary exposures from spinosad as available. Therefore, EPA cannot present uses and uses proposed in this follows: perform a quantitative risk assessment risk assessment, EPA concludes with i. Acute exposure and risk. Acute for drinking water exposure. Instead, reasonable certainty that residues of dietary risk assessments are performed EPA had used modeled estimated spinosad in drinking water (when for a food-use pesticide if a toxicological environmental concentrations (EECs), considered along with other sources of

VerDate 06-MAY-99 17:25 May 25, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm02 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28367 exposure for which the Agency has spinosad does not appear to produce a that there is a reasonable certainty that reliable data) would not result in toxic metabolite produced by other no harm will result from aggregate unacceptable levels of aggregate human substances. For the purposes of this exposure to spinosad residues. health risk at this time. tolerance action, therefore, EPA has not E. Aggregate Risks and Determination of 3. From non-dietary exposure. No assumed that spinosad has a common Safety for Infants and Children acute dietary, cancer, or short-, mechanism of toxicity with other intermediate-, or chronic-term dermal or substances. For information regarding 1. Safety factor for infants and inhalation endpoints were identified by EPA’s efforts to determine which children—i. In general. In assessing the the Agency. Spinosad is currently chemicals have a common mechanism potential for additional sensitivity of registered on turf grass, creating a of toxicity and to evaluate the infants and children to residues of potential for non-dietary oral exposure cumulative effects of such chemicals, spinosad, EPA considered data from to children who ingest grass. To see the final rule for Bifenthrin Pesticide developmental toxicity studies in the rat calculate a quantitative dietary risk from Tolerances (62 FR 62961, November 26, and rabbit and a 2–generation a potential ingestion of grass (in the 1997). reproduction study in the rat. The absence of acute-, short-, or developmental toxicity studies are intermediate-term oral endpoints), EPA D. Aggregate Risks and Determination of designed to evaluate adverse effects on would need to default to the chronic Safety for U.S. Population the developing organism resulting from dietary endpoint. This scenario would 1. Acute risk. Because no acute maternal pesticide exposure gestation. represent a child eating grass for > 6 dietary endpoint was determined from Reproduction studies provide months continuously. Based on the low toxicity testing, the Agency concludes information relating to effects from application rate for spinosad on turf that there is a reasonable certainty of no exposure to the pesticide on the (0.41 lbs. ai./A.), its non-systemic harm from acute aggregate risk. An reproductive capability of mating nature, its short half life (especially in acute aggregate risk assessment is not animals and data on systemic toxicity. sunlight), and the rapid incorporation of required. FFDCA section 408 provides that EPA spinosad metabolites into the general 2. Chronic risk. Using the TMRC shall apply an additional tenfold margin carbon pool, EPA believes that residues exposure assumptions described in this of safety for infants and children in the of spinosad on turf grass after unit, EPA has concluded that aggregate case of threshold effects to account for application would be low and decrease exposure to spinosad from food will pre- and post-natal toxicity and the rapidly over time. EPA believes that it utilize 21 percent of the cPAD for the completeness of the data base unless is inappropriate to perform a U.S. population. The major identifiable EPA determines that a different margin quantitative dietary risk representing a subgroup with the highest aggregate of safety will be safe for infants and chronic scenario from children eating exposure is discussed below. EPA children. Margins of safety are turf grass. Qualitatively, the risk from generally has no concern for exposures incorporated into EPA risk assessments children eating turf grass does not below 100% of the cPAD because the either directly through use of a margin exceed the Agency’s level of concern. cPAD represents the level at or below of exposure (MOE) analysis or through Another registered product contains which daily aggregate dietary exposure using uncertainty (safety) factors in spinosad for use on structural lumber over a lifetime will not pose appreciable calculating a dose level that poses no however, the product is injected into risks to human health. Despite the appreciable risk to humans. EPA drilled holes and then sealed after potential for exposure to spinosad in believes that reliable data support using treatment. The product can only be drinking water and from non-dietary, the standard uncertainty factor (usually applied by commercial applicators with non-occupational exposure, EPA does 100 for combined inter- and intra- very minimal potential risk to the not expect the aggregate exposure to species variability) and not the public. Due to the lack of toxicity exceed 100% of the cPAD. EPA additional tenfold MOE/uncertainty endpoints (hazard) and minimal contact concludes that there is a reasonable factor when EPA has a complete data with the active ingredient during and certainty that no harm will result from base under existing guidelines and after application, exposure to residential aggregate exposure to spinosad residues. when the severity of the effect in infants occupants is not expected. The Agency 3. Short- and intermediate-term risk. or children or the potency or unusual concludes that there is a reasonable Short- and intermediate-term aggregate toxic properties of a compound do not certainty of no harm from non-dietary exposure takes into account chronic raise concerns regarding the adequacy of exposure. dietary food and water (considered to be the standard MOE/safety factor. 4. Cumulative exposure to substances a background exposure level) plus ii. Developmental toxicity studies. See with common mechanism of toxicity. indoor and outdoor residential unit II.A.— Toxicological profile above. Section 408(b)(2)(D)(v) requires that, exposure. iii. Reproductive toxicity study. See when considering whether to establish, No dermal or inhalation endpoints unit II.A.— Toxicological profile above. modify, or revoke a tolerance, the were identified by EPA. Due to the iv. Pre- and post-natal sensitivity. Agency consider ‘‘available nature of the non-dietary use, the There was no increased susceptibility to information’’ concerning the cumulative Agency believes that the use of spinosad rats or rabbits following in utero and/or effects of a particular pesticide’s in treating timbers will not result in any postnatal exposure to spinosad. residues and ‘‘other substances that exposure through the oral route. v. Conclusion. The data provided no have a common mechanism of toxicity.’’ Therefore, the chronic aggregate risk indication of increased susceptibility of EPA does not have, at this time, solely is the sum of food + water. rats or rabbits to in utero and/or available data to determine whether 4. Aggregate cancer risk for U.S. postnatal exposure to spinosad. In the spinosad has a common mechanism of population. The RfD Committee prenatal developmental toxicity studies toxicity with other substances or how to determined that there is no evidence of in rats and rabbits and the 2–generation include this pesticide in a cumulative carcinogenicity in studies in either the reproduction study in rats, effects in the risk assessment. Unlike other pesticides mouse or rat. Therefore, a carcinogenic offspring were observed only at or for which EPA has followed a risk assessment is not required. below treatment levels which resulted cumulative risk approach based on a 5. Determination of safety. Based on in evidence of parental toxicity. In common mechanism of toxicity, these risk assessments, EPA concludes addition, all neurotoxicity studies were

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28368 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations negative for effects on the central or 3, 1999) to implement this program. At byproducts - GRM 94.02.S1. All of these peripheral nervous system. that time, EPA may require further methods are essentially similar to GRM EPA determined that the 10X factor to testing of this active ingredient and end 94.02 and have been submitted to FDA account for enhanced sensitivity of use products for endocrine disrupter for inclusion in PAM II as letter infants and children (as required by effects. methods. Method GRM 94.02 is FQPA) should be removed. The FQPA adequate for regulation of the tolerance III. Other Considerations factor is removed because: (i) The data expression. provided no indication of increased A. Metabolism In Plants and Animals Method GRM 95.03.R1 (method for susceptibility of rats or rabbits to in EPA has previously concluded that determination of spinosad residues in utero and/or postnatal exposure to the nature of the spinosad residue in ruminant commodities using high spinosad. In the prenatal developmental plants is adequately understood based performance liquid chromatography/ toxicity studies in rats and rabbits and ultraviolet (HPLC/UV)) underwent the 2–generation reproduction study in on metabolism studies in apples, cabbage, cotton, tomatoes, and turnips. successful validation by EPA’s lab. The rats, effects in the offspring were method was forwarded to FDA for observed only at or below treatment EPA’s Metabolism Assessment Review Committee determined that the residue inclusion in PAM II as a Roman levels which resulted in evidence of numeral method. parental toxicity. (ii) No neurotoxic of concern is spinosad (a total of spinosyn A and spinosyn D), as noted Method RES 95114 (method for signs have been observed in any of the determination of spinosad residues in standard required studies conducted. in the 40 CFR 180.495 entry for cottonseed. ruminant commodities using (iii) The toxicology data base is immunoassay) has also successfully complete and there are no data gaps. Similarly, EPA has previously concluded that the nature of the passed validation by EPA’s lab. The There is a complete toxicity database for method was forwarded to FDA for spinosad and exposure data are spinosad residue in animals is adequately understood based on inclusion in PAM II as a Roman complete or estimated based on data numeral method. that reasonably account for potential metabolism studies in the goat and hen. Multi residue Methods (GLN exposures. Also noted in the 40 CFR 180.495 entry 860.1360) - The results of subjecting 2. Acute risk. An acute risk for cottonseed. assessment is not required because no Additionally, EPA has reviewed the spinosad to FDA Multi residue testing acute toxicological endpoints were results of plant metabolism studies were previously reviewed. Spinosyns identified for spinosad. The Agency (apples, cabbage, cotton, tomatoes, Factor A and D were not recovered from concludes that there is a reasonable turnips) and livestock metabolism any of the protocols. The results have certainty of no harm to infants and studies (goat and hen). The metabolism been sent to FDA. children from aggregate exposure. of spinosad in plants and animals is Adequate enforcement methodology 3. Chronic risk. Using the adequately understood for the purposes (example - gas chromotography) is conservative exposure assumptions of these tolerances. Based on structure/ available to enforce the tolerance described in this unit, EPA has activity relationships, EPA concluded expression. The method may be concluded that aggregate exposure to that the spinosad metabolites/ requested from: Calvin Furlow, PRRIB, spinosad from food will utilize 39% of fermentation impurities (spinosyns IRSD (7502C), Office of Pesticide the cPAD for infants and children. EPA Factor B, Factor B or D, Factor K, and Programs, Environmental Protection generally has no concern for exposures other related Factors) were of no more Agency, 401 M St., SW., Washington, below 100% of the cPAD because the toxicological concern than the two DC 20460. Office location and telephone cPAD represents the level at or below parent compounds (spinosyns Factor A number: Rm 101FF, Crystal Mall #2, which daily aggregate dietary exposure and Factor D). 1921 Jefferson Davis Hwy., Arlington, over a lifetime will not pose appreciable EPA focused on the following data/ VA, (703) 305–5229. risks to human health. information: the overall low toxicity of C. Magnitude of Residues 4. Determination of safety. Based on spinosad; the low levels of metabolites/ these risk assessments, EPA concludes fermentation impurities present; and Magnitude of residue studies were that there is a reasonable certainty that that spinosad appears to photodegrade conducted for potatoes at 14 sites. No no harm will result to infants and rapidly and become incorporated into quantifiable residues were observed in children from aggregate exposure to the general carbon pool. EPA concluded treated field samples at an application spinosad residues. that only 2 parent compounds rate of 0.11 pounds active ingredient (lb (spinosyns Factor A and Factor D) need a.i.) per acre or at an exaggerated G. Endocrine Disruption to be included in the tolerance application rate of 0.55 lb a.i. per acre. EPA is required to develop a expression and used for dietary risk A potato processing study is not screening program to determine whether assessment purposes. required because there were no certain substances (including all quantifiable residues in the raw pesticides and inerts) ‘‘may have an B. Analytical Enforcement Methodology agricultural commodity (RAC) even at effect in humans that is similar to an Method GRM 94.02 (method for the 5X application rate (5X is the effect produced by a naturally occurring determination of spinosad residues in maximum theoretical concentration estrogen, or such other endocrine cottonseed and related commodities factor for potato). Potato is the effect...’’ The Agency is currently using HPLC/UV) underwent successful representative crop for the tuberous and working with interested stakeholders, independent lab validation and EPA lab corm vegetables crop subgroup 1C. including other government agencies, validation and has been submitted to Magnitude of residue studies were public interest groups, industry and FDA for inclusion in PAM II as Method conducted for sweet corn at 12 sites, research scientists in developing a I. Additional methods have been and 5X the label rate. Residues found in screening and testing program and a submitted for other crop matrices leafy these studies ranged from none detected priority setting scheme to implement vegetables - GRM 95.17; citrus - GRM for sweet corn; 0.09 to 0.57 ppm for corn this program. Congress has allowed 3 96.09; tree nuts - GRM 96.14; fruiting forage; and 0.03 to 0.82 ppm for corn years from the passage of FQPA (August vegetables - GRM 95.04; and cotton gin fodder.

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A ruminant feeding study was is authorized to waive any fee Monday through Friday, excluding legal previously accepted by the Agency. requirement ‘‘when in the judgement of holidays. The public record is located in Based on the results of this study, the the Administrator such a waiver or Room 119 of the Public Information and data support the currently established refund is equitable and not contrary to Records Integrity Branch, Information tolerances: fat (of cattle, goats, hogs, the purpose of this subsection.’’ For Resources and Services Division horses, and sheep) at 0.6 ppm; meat (of additional information regarding (7502C), Office of Pesticide Programs, cattle, goats, hogs, horses, and sheep) at tolerance objection fee waivers, contact Environmental Protection Agency, 0.04 ppm; meat byproducts (of cattle, James Tompkins, Registration Division Crystal Mall #2, 1921 Jefferson Davis goats, hogs, horses, and sheep) at 0.2 (7505C), Office of Pesticide Programs, Hwy., Arlington, VA. ppm; milk fat at 0.5 ppm; and whole Environmental Protection Agency, 401 Objections and hearing requests may milk at 0.04 ppm. These levels are M St., SW., Washington, DC 20460. be sent by e-mail directly to EPA at: adequate for the feed items associated Office location, telephone number, and [email protected]. with all existing and proposed uses e-mail address: Rm. 239, Crystal Mall covered in this risk assessment. #2, 1921 Jefferson Davis Hwy., E-mailed objections and hearing Requirements for a poultry feeding Arlington, VA, (703) 305–5697, requests must be submitted as an ASCII study have been waived based on the [email protected]. Requests for file avoiding the use of special minimal impact of spinosad residues in waiver of tolerance objection fees characters and any form of encryption. a typical poultry diet. should be sent to James Hollins, The official record for this regulation, Information Resources and Services as well as the public version, as D. International Residue Limits Division (7502C), Office of Pesticide described in this unit will be kept in No CODEX, Canadian, or Mexican Programs, Environmental Protection paper form. Accordingly, EPA will maximum residue levels (MRLs) have Agency, 401 M St., SW., Washington, transfer any copies of objections and been established for residues of DC 20460. hearing requests received electronically spinosad on any crops. If a hearing is requested, the into printed, paper form as they are objections must include a statement of received and will place the paper copies IV. Conclusion the factual issues on which a hearing is in the official record which will also Therefore, the time-limited tolerances requested, the requestor’s contentions include all comments submitted directly are established for residues of spinosad on such issues, and a summary of any in writing. The official record is the in or on sweet corn at 0.02 ppm, sweet evidence relied upon by the requestor paper record maintained at the Virginia corn forage at 0.6 ppm, sweet corn (40 CFR 178.27). A request for a hearing address in ‘‘ADDRESSES’’ at the stover at 1.0 ppm, and a permanent will be granted if the Administrator beginning of this document. tolerance for tuberous and corm determines that the material submitted vegetables (crop subgroup 1C) at 0.02 shows the following: There is genuine VII. Regulatory Assessment ppm. and substantial issue of fact; there is a Requirements V. Objections and Hearing Requests reasonable possibility that available A. Certain Acts and Executive Orders evidence identified by the requestor The new FFDCA section 408(g) would, if established, resolve one or This final rule establishes a tolerance provides essentially the same process more of such issues in favor of the under section 408(d) of the FFDCA in for persons to ‘‘object’’ to a tolerance requestor, taking into account response to a petition submitted to the regulation as was provided in the old uncontested claims or facts to the Agency. The Office of Management and section 408 and in section 409. contrary; and resolution of the factual Budget (OMB) has exempted these types However, the period for filing objections issues in the manner sought by the of actions from review under Executive is 60 days, rather than 30 days. EPA requestor would be adequate to justify Order 12866, entitled Regulatory currently has procedural regulations the action requested (40 CFR 178.32). Planning and Review (58 FR 51735, which govern the submission of Information submitted in connection October 4, 1993). This final rule does objections and hearing requests. These with an objection or hearing request not contain any information collections regulations will require some may be claimed confidential by marking subject to OMB approval under the modification to reflect the new law. any part or all of that information as Paperwork Reduction Act (PRA), 44 However, until those modifications can CBI. Information so marked will not be U.S.C. 3501 et seq., or impose any be made, EPA will continue to use those disclosed except in accordance with enforceable duty or contain any procedural regulations with appropriate procedures set forth in 40 CFR part 2. unfunded mandate as described under adjustments to reflect the new law. A copy of the information that does not Title II of the Unfunded Mandates Any person may, by July 26, 1999, file contain CBI must be submitted for Reform Act of 1995 (UMRA) (Public written objections to any aspect of this inclusion in the public record. Law 104–4). Nor does it require any regulation and may also request a Information not marked confidential prior consultation as specficed by hearing on those objections. Objections may be disclosed publicly by EPA Executive Order 12875, entitled and hearing requests must be filed with without prior notice. Enhancing the Intergovernmental the Hearing Clerk, at the address given Partnership (58 FR 58093, October 28, under the ‘‘ADDRESSES’’ section (40 VI. Public Record and Electronic 1993), or special considerations as CFR 178.20). A copy of the objections Submissions required by Executive Order 12898, and/or hearing requests filed with the EPA has established a record for this entitled Federal Actions to Address Hearing Clerk should be submitted to regulation under docket control number Environmental Justice in Minority the OPP docket for this regulation. The [OPP–300864] (including any comments Populations and Low-Income objections submitted must specify the and data submitted electronically). A Populations (59 FR 7629, February 16, provisions of the regulation deemed public version of this record, including 1994), or require OMB review in objectionable and the grounds for the printed, paper versions of electronic accordance with Executive Order 13045, objections (40 CFR 178.25). Each comments, which does not include any entitled Protection of Children from objection must be accompanied by the information claimed as CBI, is available Environmental Health Risks and Safety fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., Risks (62 FR 19885, April 23, 1997).

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In addition, since tolerances and substantial direct compliance costs on PART 180ÐAMENDED exemptions that are established on the those communities, unless the Federal basis of a petition under FFDCA section government provides the funds 1. The authority citation for part 180 408(d), such as the tolerance in this necessary to pay the direct compliance continues to read as follows: final rule, do not require the issuance of costs incurred by the tribal Authority: 21 U.S.C. 321(q), (346a), and a proposed rule, the requirements of the governments. If the mandate is 371. Regulatory Flexibility Act (RFA) (5 unfunded, EPA must provide OMB, in U.S.C. 601 et seq.) do not apply. a separately identified section of the 2. In § 180.495, in paragraph (a), by Nevertheless, the Agency previously preamble to the rule, a description of revising the introductory text, by adding assessed whether establishing the extent of EPA’s prior consultation to the table entries for corn, sweet, tolerances, exemptions from tolerances, with representatives of affected tribal forage; corn, sweet, kernal, plus cob raising tolerance levels or expanding governments, a summary of the nature with husk removed; corn, sweet, stover; exemptions might adversely impact of their concerns, and a statement and tuberous and corm vegetables (crop small entities and concluded, as a supporting the need to issue the subgroup 1C) to read as follows: generic matter, that there is no adverse regulation. In addition, Executive Order economic impact. The factual basis for 13084 requires EPA to develop an § 180.495 Spinosad; tolerances for residues. the Agency’s generic certification for effective process permitting elected tolerance actions published on May 4, officials and other representatives of (a) * * * Tolerances are established 1981 (46 FR 24950), and was provided Indian tribal governments ‘‘to provide for residues of the insecticide spinosad to the Chief Counsel for Advocacy of the meaningful and timely input in the in or on the food commodities in the Small Business Administration. development of regulatory policies on table to this paragraph. Spinosad is a B. Executive Order 12875 matters that significantly or uniquely fermentation product of affect their communities.’’ Saccharopolyspora spinosa. The Under Executive Order 12875, Today’s rule does not significantly or product consists of two related active entitled Enhancing the ingredients: Spinosyn A (Factor A; CAS Intergovernmental Partnership (58 FR uniquely affect the communities of Indian tribal governments. This action 131929–60–7) or 2-[(6-deoxy-2,3,4-tri-O- 58093, October 28, 1993), EPA may not methyl-α-L-manno-pyranosyl)oxy]-13- issue a regulation that is not required by does not involve or impose any [[5-(dimethylamino)-tetrahydro-6- statute and that creates a mandate upon requirements that affect Indian tribes. methyl-2H-pyran-2-yl]oxy]-9-ethyl- a State, local or tribal government, Accordingly, the requirements of 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b- unless the Federal government provides section 3(b) of Executive Order 13084 tetradecahydro-14-methyl-1H-as- the funds necessary to pay the direct do not apply to this rule. Indaceno[3,2-d]oxacyclododecin-7,15- compliance costs incurred by those VIII. Submission to Congress and the dione; and Spinosyn D (Factor D; CAS governments. If the mandate is Comptroller General 131929–63–0) or 2-[(6-deoxy-2,3,4-tri-O- unfunded, EPA must provide to OMB a methyl-α-L-manno-pyranosyl)oxy]-13- description of the extent of EPA’s prior The Congressional Review Act, 5 [[5-(dimethyl-amino)-tetrahydro-6- consultation with representatives of U.S.C. 801 et seq., as added by the Small methyl-2H-pyran-2-yl]oxy]-9-ethyl- affected State, local, and tribal Business Regulatory Enforcement 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a, 16b- governments, the nature of their Fairness Act of 1996, generally provides tetradecahydro-4,14-methyl-1H-as- concerns, copies of any written that before a rule may take effect, the Indaceno[3,2-d]oxacyclododecin-7,15- communications from the governments, Agency promulgating the rule must dione. Typically, the two factors are and a statement supporting the need to submit a rule report, which includes a present at an 85:15 (A:D) ratio. issue the regulation. In addition, copy of the rule, to each House of the Executive Order 12875 requires EPA to Congress and the Comptroller General of develop an effective process permitting the United States. EPA will submit a elected officials and other report containing this rule and other Expiration/ representatives of State, local, and tribal required information to the U.S. Senate, Commodity Parts per Revocation governments ‘‘to provide meaningful the U.S. House of Representatives and million date and timely input in the development of the Comptroller General of the United regulatory proposals containing States prior to publication of the rule in significant unfunded mandates.’’ the Federal Register. This rule is not a ***** Today’s rule does not create an ‘‘major rule’’ as defined by 5 U.S.C. Corn, sweet, for- unfunded Federal mandate on State, 804(2). age ...... 0.6 06/20/01 local, or tribal governments. The rule Corn, sweet, does not impose any enforceable duties List of Subjects in 40 CFR Part 180 kernel, plus on these entities. Accordingly, the cob with husk Environmental protection, requirements of section 1(a) of removed ...... 0.02 06/20/01 Administrative practice and procedure, Corn, sweet, sto- Executive Order 12875 do not apply to Agricultural commodities, Pesticides ver ...... 1.0 06/20/01 this rule. and pests, Reporting and recordkeeping C. Executive Order 13084 requirements. ***** Under Executive Order 13084, Tuberous and Dated: May 14, 1999. corm vegeta- entitled Consultation and Coordination bles (crop with Indian Tribal Governments (63 FR Richard P. Keigwin, Jr., subgroup 1C) 0.02 None 27655, May 19, 1998), EPA may not Acting Director, Registration Division, Office issue a regulation that is not required by * * * * * statute, that significantly or uniquely of Pesticide Programs. affects the communities of Indian tribal Therefore, 40 CFR chapter I is [FR Doc. 99–12934 Filed 5–25–99; 8:45 am] governments, and that imposes amended as follows: BILLING CODE 6560±50±F

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ENVIRONMENTAL PROTECTION A copy of objections and hearing I. Background and Statutory Findings AGENCY requests filed with the Hearing Clerk New section 408(c)(2)(A)(i) of the may be submitted electronically by FFDCA allows EPA to establish an 40 CFR Part 180 sending electronic mail (e-mail) to: opp- exemption from the requirement for a docket. Copies of electronic objections [OPP±300860; FRL±6081±2] tolerance (the legal limit for a pesticide and hearing requests must be submitted chemical residue in or on a food) only RIN 2070±AB78 as an ASCII file avoiding the use of if EPA determines that the exemption is special characters and any form of ‘‘safe.’’ Section 408(c)(2)(A)(ii) defines Aspergillus flavus AF36; Pesticide encryption. Copies of electronic ‘‘safe’’ to mean that ‘‘there is a Tolerance Exemption objections and hearing requests will also reasonable certainty that no harm will be accepted on disks in WordPerfect result from aggregate exposure to the AGENCY: Environmental Protection 5.1/6.1 file format or ASCII file format. pesticide chemical residue, including Agency (EPA). All copies of electronic objections and all anticipated dietary exposures and all ACTION: Final rule. hearing requests must be identified by other exposures for which there is reliable information.’’ This includes SUMMARY: This regulation establishes a the docket number [OPP–300860]. No exposure through drinking water and in temporary exemption from the Confidential Business Information (CBI) residential settings, but does not include requirement of a tolerance for residues should be submitted through e-mail. occupational exposure. Section of the biological Aspergillus flavus Copies of electronic objections and 408(b)(2)(C) requires EPA to give special AF36, a non-aflatoxin producing strain hearing requests on this rule may be consideration to exposure of infants and of A. flavus, on cotton when applied/ filed online at many Federal Depository children to the pesticide chemical used as an antifungal agent. The Libraries. residue in establishing a tolerance and Interregional Research Project Number 4 FOR FURTHER INFORMATION CONTACT: By to ‘‘ensure that there is a reasonable (IR–4) submitted an amended Pesticide mail: Shanaz Bacchus, c/o Product certainty that no harm will result to Petition (PP) 5E4575 to EPA under the Manager (PM) 90, Biopesticides and infants and children from aggregate Federal Food, Drug, and Cosmetic Act Pollution Prevention Division (7511C), exposure to the pesticide chemical (FFDCA), and also to comply with the Environmental Protection Agency, 401 residue...’’. Additionally, section 408 Food Quality Protection Act of 1996 M St., SW., Washington, DC 20460. (b)(2)(D) requires that the Agency (FQPA) requesting an extension of the Office location, telephone number, and consider ‘‘available information’’ temporary exemption from the e-mail address: 9th fl., CM #2, 1921 concerning the cumulative effects of a requirement of a tolerance. This particular pesticide’s residues and regulation eliminates the need to Jefferson Davis Hwy., Arlington, VA, ‘‘other substances that have a common establish a maximum permissible level (703) 308–8097, e-mail: bacchus.shanaz mechanism of toxicity.’’ for residues of Aspergillus flavus AF36. @epa.gov. EPA performs a number of analyses to The temporary exemption from the SUPPLEMENTARY INFORMATION: In the determine the risks from aggregate requirement of a tolerance will expire Federal Register of February 19, 1999 exposure to pesticide residues. First, on December 30, 2000. (64 FR 8358) (FRL–6081–2), EPA issued EPA determines the toxicity of DATES: This regulation is effective May a notice pursuant to section 408 of the pesticides. Second, EPA examines 26, 1999. Objections and requests for FFDCA, 21 U.S.C. 346a, as amended by exposure to the pesticide through food, hearings must be received by EPA on or the FQPA of 1996 (Pub. L. 104–170) drinking water, and through other before July 26, 1999. announcing the filing of a pesticide exposures that occur as a result of ADDRESSES: Written objections and tolerance petition by the IR–4, New pesticide us in residential settings. hearing requests, identified by the Jersey Agricultural Experiment Station, This extension of the temporary docket control number [OPP–300860], Technology Center of New Jersey, exemption from the requirement of a must be submitted to: Hearing Clerk Rutgers University, 681 U.S. Highway tolerance is associated with an (1900), Environmental Protection #1 South, North Brunswick, NJ 08902– extension of an Experimental Use Agency, Rm. M3708, 401 M St., SW., 3390. The notice included a summary of Permit (69224–EUP–1), published in the Washington, DC 20460. Fees the petition prepared by the petitioner, Federal Register of February 14, 1996, accompanying objections and hearing IR–4. The petition requested that 40 (61 FR 5771) (FRL–5347–5), which was requests shall be labeled ‘‘Tolerance CFR part 180 be amended by granted to the Southern Regional Petition Fees’’ and forwarded to: EPA establishing a temporary exemption Research Center, United States Headquarters Accounting Operations from the requirement of a tolerance for Department of Agriculture, Agricultural Branch, OPP (Tolerance Fees), P.O. Box residues of Aspergillus flavus AF36 in/ Research Service (USDA ARS), 1100 360277M, Pittsburgh, PA 15251. A copy on cotton in Arizona. Robert E. Lee Blvd., New Orleans, LA of any objections and hearing requests 70179–0687 on May 28, 1996 and filed with the Hearing Clerk identified Comments submitted to the Agency expires May 20, 1999. Approximately by the docket control number, [OPP– regarding the proposed use of the 1,120 acres of cotton in Yuma County, 300860], must also be submitted to: antifungal agent were by the cotton Arizona, were treated at a rate of 10 Public Information and Records growers in the region who were all in pounds (lbs.) of the pesticide per acre Integrity Branch, Information Resources favor of the extension of the temporary over the 3–year period. A temporary and Services Division (7502C), Office of exemption from the tolerance. Both the exemption from the requirement of a Pesticide Programs, Environmental toxigenic and atoxigenic strains are tolerance was established in connection Protection Agency, 401 M St., SW., naturally occurring in Arizona. The with this EUP as published in the Washington, DC 20460. In person, bring growers were of the opinion that this Federal Register of June 14, 1996, (61 a copy of objections and hearing technology is likely to reduce the high FR 30235) (FRL–5377–6). No adverse requests to Rm. 119, Crystal Mall 2 (CM levels of the naturally occurring, toxin- effects were reported in the annual #2), 1921 Jefferson Davis Hwy., producing strain of A. flavus by reports which the registrant submitted Arlington, VA. displacement. as required in the EUP.

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USDA ARS has amended the EUP and buildings (residential and other indoor active ingredient is likely to pose a extended treatment to a total of 20,000 uses). minimal to non-existent hazard if used acres of commercial cotton fields in 5 of There is a reasonable certainty that no as labeled. the 15 counties in Arizona. The aerial harm will result from aggregate 2. Inhalation exposure. Based on the applications are to be made in the exposure to the U.S. population, large spore size of AF36, and on the following counties: Yuma (3,000 A), including infants and children, to A. method of application to the soil of LaPaz (1,000 A), Maricopa (9,000 A), flavus AF36 from the limited use cultivated cotton fields prebloom with Mohave (1,000 A) and Pinal (6,000 A). pattern of the experimental use permit. set boundaries, non-occupational The antifungal agent is applied This includes all anticipated dietary inhalation exposure and risk to human prebloom to the soil of treated cotton exposures and all other exposures for adults, children and infants are likely to fields, where the mycelia germinate to which there is reliable information. be minimal. displace the naturally occurring A. Dietary Exposure IV. Cumulative Effects toxigenic strain. 1. Food. Application of the microbial Of the strains of A. flavus which There are no other registered products pesticide prebloom in the cultural abound naturally in Arizona, this containing Aspergillus flavus isolate practice precludes the potential for atoxigenic L strain comprises 15% of AF36 or any other isolates (strains) of direct residues of A. flavus per se to the natural microbial population in the the microbial active ingredient. remain on the treated cotton. The soil, as opposed to the predominant S or Moreover, data submitted to the Agency proposed strain of A. flavus, AF36, is toxigenic S strain. demonstrate that this strain does not atoxigenic, i.e. not producing aflatoxin. produce aflatoxin on the crop or in II. Toxicological Profile Only the seed of the treated commodity, artificial media in the lab. Data cotton, is likely to be processed as food Consistent with section 408(b)(2)(D) submissions also show that this strain for cottonseed oil. Residues of A. flavus of the FFDCA, EPA has reviewed the has been shown to exclude the AF36 or its metabolites are likely to be available scientific data and other aflatoxin-producing strain when it is removed from cotton seed oil during applied prior to flowering. Thus, the relevant information in support of this this processing. Moreover, the action and considered its validity, proposed use is not likely to result in applications are proposed for 5 of the 15 appreciable increases in the long-term completeness and reliability and the counties of Arizona only, on 3–7% of relationship of this information to population of A. flavus on the crop the total cotton, thus minimizing any beyond naturally occurring levels. human risk. EPA has also considered potential dietary exposure. The Food available information concerning the Furthermore, there is no expectation of and Drug Administration (FDA) cumulative effects with other pesticides. variability of the sensitivities of major regulates the levels of aflatoxin in cotton identifiable subgroups of consumers, seed meal and other commodities V. Determination of Safety for U.S. including infants and children. associated with the production of Population, Infants and Children The toxicological profile in support of cotton. Cottonseed is monitored for FFDCA section 408 provides that EPA the extension of the temporary aflatoxin content during the ginning exemption from a tolerance of the shall apply an additional tenfold margin process, and all cotton seed from these of exposure (safety) for infants and residues of the atoxigenic (non-toxin experiments will be closely monitored producing) A. flavus AF36 demonstrates children in the case of threshold effects for aflatoxin content as part of the to account for pre- and postnatal that the LD50 of A. flavus AF36 is greater experimental program. On the basis of toxicity and the completeness of the than 5,000 milligrams/kilograms (mg/ the preceding discussion, dietary kg). No adverse clinical effects were data base unless EPA determines that a exposure to the treated commodity is different margin of exposure (safety) observed after 14 days in rats treated by likely to be minimal to human adults, gavage with the microbial antifungal will be safe for infants and children. In infants and children. this instance, EPA believes there are agent and no abnormalities or adverse exposure to immunocompromised reliable data to support the conclusion effects were observed in any of the rats human adults, infants and children. that there are no threshold effects of upon autopsy. Moreover, the application of the concern to infants, children and adults Studies were not conducted to microbial pesticide to specific counties when A. flavus AF36 is used as labeled. evaluate the potential of the active during the EUP represents application As a result, the provision requiring an ingredient as an agent linked to to approximately 3–7% cultivated areas additional margin of exposure does not genotoxicity, or reproductive, in these counties, thus minimizing apply. The label will require applicators developmental, subchronic or chronic exposure. effects, because the researchers have 1. Dermal exposure. Non- and other handlers to wear gloves, a worked with the proposed microbial occupational dermal exposure and risk dust/mist filtering respirator with antifungal agent for several years in to adults, infants and children are not National Institute of Occupational laboratory and field settings with no likely if the pesticide is used as labeled. Safety and Health (NIOSH) approval adverse effects. Also, the organism is a The antifungal agent is a naturally prefix N-95, R-95 or P-95, long sleeved naturally occurring, ubiquitous microbe. occurring microbe to be applied to the shirt and long pants, and shoes plus soil of cotton fields prebloom. It is socks so worker exposure should not be III. Aggregate Exposures ubiquitous in the environment. If the a problem. Label language reflecting In examining aggregate exposure, microbe exhibits dermal sensitizing potential dermal sensitization is also section 408 of the FFDCA directs EPA properties which is associated with this required. to consider available information genus of fungi, the boundaries and the VI. Other Considerations concerning exposures from the pesticide large particle size of the spores are residue in food and all other non- likely to maintain distribution near A. Endocrine Disruptors occupational exposures, including treated areas thus protecting nearby at- EPA does not have any information drinking water from ground water or risk populations. Based on the low regarding endocrine effects of this surface water and exposure through toxicity potential as evidenced by the microbial pesticide at this time. The pesticide use in gardens, lawns, or data submitted, the microbial pesticide Agency is not requiring information on

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Analytical Method(s) is authorized to waive any fee holidays. The public record is located in Starter cultures are screened on the requirement ‘‘when in the judgement of Rm. 119 of the Public Information and basis of vegetative incompatibility with the Administrator such a waiver or Records Integrity Branch, Information the toxigenic strain, as well as for refund is equitable and not contrary to Resources and Services Division aflatoxin by standard procedures, which the purpose of this subsection.’’ For (7502C), Office of Pesticide Programs, allow a zero tolerance for aflatoxin additional information regarding Environmental Protection Agency, CM production. A. flavus AF36 does not tolerance objection fee waivers, contact #2, 1921 Jefferson Davis Hwy., demonstrate vegetative compatibility James Tompkins, Registration Division Arlington, VA. with the toxigenic S strain and has (7505C), Office of Pesticide Programs, Objections and hearing requests may never been found to produce aflatoxin. Environmental Protection Agency, 401 be sent by e-mail directly to EPA at: According to the data submissions M St., SW., Washington, DC 20460. [email protected] human pathogens are also within Office location, telephone number, and regulatory levels. e-mail address: Rm. 239, CM #2, 1921 E-mailed objections and hearing Treated cotton and its byproducts are Jefferson Davis Hwy., Arlington, VA, requests must be submitted as an ASCII screened for aflatoxin prior to (703) 305–5697, [email protected]. file avoiding the use of special introduction into the channels of Requests for waiver of tolerance characters and any form of encryption. commerce. FDA does not allow objection fees should be sent to James The official record for this regulation, cottonseed products containing Hollins, Information Resources and as well as the public version, as aflatoxin at 20 parts per billion (ppb) or Services Division (7502C), Office of described in this unit will be kept in higher to be used in dairy rations. FDA Pesticide Programs, Environmental paper form. Accordingly, EPA will regulations also do not allow cottonseed Protection Agency, 401 M St., SW., transfer any copies of objections and products containing aflatoxin above 300 Washington, DC 20460. hearing requests received electronically ppb to be used for feeding beef cattle. If a hearing is requested, the into printed, paper form as they are objections must include a statement of C. Codex Maximum Residue Level received and will place the paper copies the factual issues(s) on which a hearing in the official record which will also An exemption from temporary is requested, the requestor’s contentions include all comments submitted directly tolerance for residues of Aspergillus on such issues, and a summary of any in writing. The official record is the flavus isolate AF36 on cotton is evidence relied upon by the objector (40 paper record maintained at the Virginia currently in effect in conjunction with CFR 178.27). A request for a hearing address in ‘‘ADDRESSES’’ at the an Experimental Use Permit published will be granted if the Administrator beginning of this document. in the Federal Register of June 14, 1996 determines that the material submitted (61 FR 30235). shows the following: There is a genuine IX. Regulatory Assessment Requirements VII. Objections and Hearing Requests and substantial issue of fact; there is a reasonable possibility that available A. Certain Acts and Executive Orders The new section 408(g) of the FFDCA evidence identified by the requestor provides essentially the same process would, if established resolve one or This final rule establishes an for persons to ‘‘object’’ to a regulation more of such issues in favor of the exemption from the tolerance for an exemption from the requirement requestor, taking into account requirement under section 408(d) of the of a tolerance issued by EPA under new uncontested claims or facts to the FFDCA in response to a petition section 408(d) and as was provided in contrary; and resolution of the factual submitted to the Agency. The Office of the old section 408 and in section 409. issues(s) in the manner sought by the Management and Budget (OMB) has However, the period for filing objections requestor would be adequate to justify exempted these types of actions from is 60 days, rather than 30 days. EPA the action requested (40 CFR 178.32). review under Executive Order 12866, currently has procedural regulations Information submitted in connection entitled Regulatory Planning and which governs the submission of with an objection or hearing request Review (58 FR 51735, October 4, 1993). objections and hearing requests. These may be claimed confidential by marking This final rule does not contain any regulations will require some any part or all of that information as information collections subject to OMB modification to reflect the new law. CBI. Information so marked will not be approval under the Paperwork However, until those modifications can disclosed except in accordance with Reduction Act (PRA), 44 U.S.C. 3501 et be made, EPA will continue to use those procedures set forth in 40 CFR part 2. seq., or impose any enforceable duty or procedural regulations with appropriate A copy of the information that does not contain any unfunded mandate as adjustments to reflect the new law. contain CBI must be submitted for described under Title II of the Unfunded Any person may, by July 26, 1999, file inclusion in the public record. Mandates Reform Act of 1995 (UMRA) written objections to any aspect of this Information not marked confidential (Pub. L. 104–4). Nor does it require any regulation and may also request a may be disclosed publicly by EPA prior consultation as specified by hearing on those objections. Objections without prior notice. Executive Order 12875, entitled and hearing requests must be filed with Enhancing the Intergovernmental the hearing clerk, at the address given VIII. Public Record and Electronic Partnership (58 FR 58093, October 28, under the ‘‘ADDRESSES’’ section (40 Submissions 1993), or special considerations as CFR 178.20). A copy of the objections EPA has established a record for this required by Executive Order 12898, and/or hearing requests filed with the regulation under docket control number entitled Federal Actions to Address hearing clerk should be submitted to the [OPP–300860] (including any comments Environmental Justice in Minority

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Populations and Low-Income C. Executive Order 13084 Dated: May 14, 1999. Populations (59 FR 7629, February 16, Under Executive Order 13084, Janet L. Andersen, 1994), or require OMB review in entitled Consultation and Coordination Director, Biopesticides and Pollution accordance with Executive Order 13045, with Indian Tribal Governments (63 FR Prevention Division entitled Protection of Children from 27655, May 19, 1998), EPA may not Therefore, 40 CFR chapter I is Environmental Health Risks and Safety issue a regulation that is not required by amended as follows: Risks (62 FR 19885, April 23, 1997). statute, that significantly or uniquely In addition, since tolerances and affects the communities of Indian tribal PART 180Ð[AMENDED] exemptions that are established on the governments, and that imposes 1. The authority citation for part 180 basis of a petition under FFDCA section substantial direct compliance costs on continues to read as follows: 408(d), such as the [tolerance/ those communities, unless the Federal exemption] in this final rule, do not government provides the funds Authority: 21 U.S.C. 321(q), 346(a) and require the issuance of a proposed rule, necessary to pay the direct compliance 371. the requirements of the Regulatory costs incurred by the tribal 2. Section 180.1206 is added to Flexibility Act (RFA) (5 U.S.C. 601 et governments. If the mandate is subpart D to read as follows: unfunded, EPA must provide OMB, in seq.) do not apply. Nevertheless, the § 180.1206 Aspergillus flavus AF 36; Agency previously assessed whether a separately identified section of the Exemption from the requirement of a establishing tolerances, exemptions preamble to the rule, a description of tolerance. the extent of EPA’s prior consultation from tolerances, raising tolerance levels Aspergillus flavus AF 36 is with representatives of affected tribal or expanding exemptions might temporarily exempt from the governments, a summary of the nature adversely impact small entities and requirement of a tolerance in/on cotton of their concerns, and a statement concluded, as a generic matter, that when used on cotton in Arizona in supporting the need to issue the there is no adverse economic impact. accordance with the Experimental Use regulation. In addition, Executive Order The factual basis for the Agency’s Permit 69224–EUP–1. The temporary 13084 requires EPA to develop an generic certification for tolerance exemption from the requirement of a effective process permitting elected actions published on May 4, 1981 (46 tolerance will expire on December 30, officials and other representatives of FR 24950), and was provided to the 2000. Chief Counsel for Advocacy of the Small Indian tribal governments ‘‘to provide Business Administration. meaningful and timely input in the [FR Doc. 99–13192 Filed 5–25–99; 8:45 am] development of regulatory policies on BILLING CODE 6560±50±F B. Executive Order 12875 matters that significantly or uniquely affect their communities.’’ Under Executive Order 12875, Today’s rule does not significantly or ENVIRONMENTAL PROTECTION entitled Enhancing the uniquely affect the communities of AGENCY Intergovernmental Partnership (58 FR Indian tribal governments. This action 58093, October 28, 1993), EPA may not does not involve or impose any 40 CFR Part 180 issue a regulation that is not required by requirements that affect Indian tribes. [OPP±300861; FRL±6080±6] statute and that creates a mandate upon Accordingly, the requirements of a State, local or tribal government, RIN 2070±AB78 section 3(b) of Executive Order 13084 unless the Federal government provides do not apply to this rule. the funds necessary to pay the direct Clomazone; Extension of Tolerance for compliance costs incurred by those X. Submission to Congress and the Emergency Exemptions governments. If the mandate is Comptroller General AGENCY: Environmental Protection unfunded, EPA must provide to OMB a The Congressional Review Act, 5 Agency (EPA). description of the extent of EPA’s prior U.S.C. 801 et seq. , as added by the ACTION: Final rule. consultation with representatives of Small Business Regulatory Enforcement affected State, local, and tribal Fairness Act of 1996, generally provides SUMMARY: This rule extends a time- governments, the nature of their that before a rule may take effect, the limited tolerance for residues of the concerns, copies of any written Agency promulgating the rule must herbicide clomazone and its metabolites communications from the governments, submit a rule report, which includes a in or on watermelons at 0.1 part per and a statement supporting the need to copy of the rule, to each House of the million (ppm) for an additional 2–year issue the regulation. In addition, Congress and the Comptroller General of period, to May 30, 2001. This action is Executive Order 12875 requires EPA to the United States. EPA will submit a in response to EPA’s granting of an develop an effective process permitting report containing this rule and other emergency exemption under section 18 elected officials and other required information to the U.S. Senate, of the Federal Insecticide, Fungicide, representatives of State, local, and tribal the U.S. House of Representatives and and Rodenticide Act authorizing use of governments ‘‘to provide meaningful the Comptroller General of the United the pesticide on watermelons. Section and timely input in the development of States prior to publication of the rule in 408(l)(6) of the Federal Food, Drug, and regulatory proposals containing the Federal Register. This rule is not a Cosmetic Act (FFDCA) requires EPA to significant unfunded mandates.’’ ‘‘major rule’’ as defined by 5 U.S.C. establish a time-limited tolerance or Today’s rule does not create an 804(2). exemption from the requirement for a unfunded Federal mandate on State, tolerance for pesticide chemical local, or tribal governments. The rule List of Subjects in 40 CFR Part 180 residues in food that will result from the does not impose any enforceable duties Environmental protection, use of a pesticide under an emergency on these entities. Accordingly, the Administrative practice and procedure, exemption granted by EPA under requirements of section 1(a) of Agricultural commodities, Pesticides section 18 of FIFRA. Executive Order 12875 do not apply to and pests, Reporting and recordkeeping DATES: This regulation becomes this rule. requirements. effective May 26, 1999. Objections and

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28375 requests for hearings must be received tolerance for the residues of clomazone I. Objections and Hearing Requests by EPA, on or before July 26, 1999. and its metabolites in or on The new FFDCA section 408(g) ADDRESSES: Written objections and watermelons at 0.1 ppm, with an provides essentially the same process hearing requests, identified by the expiration date of May 30, 1998, which for persons to ‘‘object’’ to a tolerance docket control number, [OPP-300861], was extended until May 30, 1999 with regulation as was provided in the old must be submitted to: Hearing Clerk a notice in the Federal Register which section 408 and in section 409. (1900), Environmental Protection was published on March 18, 1998 (63 However, the period for filing objections Agency, Rm. M3708, 401 M St., SW., FR 13129) (FRL 5770–9). EPA is 60 days, rather than 30 days. EPA Washington, DC 20460. Fees established the tolerance because currently has procedural regulations accompanying objections and hearing section 408(l)(6) of the FFDCA requires which govern the submission of requests shall be labeled ‘‘Tolerance EPA to establish a time-limited objections and hearing requests. These Petition Fees’’ and forwarded to: EPA tolerance or exemption from the regulations will require some Headquarters Accounting Operations requirement for a tolerance for pesticide modification to reflect the new law. Branch, OPP (Tolerance Fees), P.O. Box chemical residues in food that will However, until those modifications can 360277M, Pittsburgh, PA 15251. A copy result from the use of a pesticide under be made, EPA will continue to use those of any objections and hearing requests an emergency exemption granted by procedural regulations with appropriate filed with the Hearing Clerk identified EPA under section 18 of FIFRA. Such adjustments to reflect the new law. by the docket control number, [OPP– tolerances can be established without Any person may, by July 26, 1999, file 300861], must also be submitted to: providing notice or period for public written objections to any aspect of this Public Information and Records comment. regulation and may also request a Integrity Branch, Information Resources EPA received a request to extend the hearing on those objections. Objections and Services Division (7502C), Office of use of clomazone on watermelons for and hearing requests must be filed with Pesticide Programs, Environmental this year growing season due to ongoing the Hearing Clerk, at the address given Protection Agency, 401 M St., SW., lack of effective registered herbicides under the ‘‘ADDRESSES’’ section (40 Washington, DC 20460. In person, bring available to watermelon growers in mid- CFR 178.20). A copy of the objections a copy of objections and hearing Atlantic states. After having reviewed and/or hearing requests filed with the requests to Rm. 119, Crystal Mall #2, submissions from Delaware, Maryland Hearing Clerk should be submitted to 1921 Jefferson Davis Hwy., Arlington, and Virginia, EPA concurs that the OPP docket for this rulemaking. The VA. emergency conditions exist for these objections submitted must specify the A copy of objections and hearing provisions of the regulation deemed requests filed with the Hearing Clerk states. EPA has authorized under FIFRA section 18 the use of clomazone on objectionable and the grounds for the may also be submitted electronically by objections (40 CFR 178.25). Each sending electronic mail (e-mail) to: opp- watermelons for control of broadleaf weeds and grasses in watermelons. objection must be accompanied by the [email protected]. Copies of electronic fee prescribed by 40 CFR 180.33(i). EPA objections and hearing requests must be EPA assessed the potential risks is authorized to waive any fee submitted as an ASCII file avoiding the presented by residues of clomazone in requirement ‘‘when in the judgement of use of special characters and any form or on watermelons. In doing so, EPA the Administrator such a waiver or of encryption. Copies of objections and considered the safety standard in refund is equitable and not contrary to hearing requests will also be accepted FFDCA section 408(b)(2), and decided the purpose of this subsection.’’ For on disks in WordPerfect 5.1/6.1 or that the necessary tolerance under additional information regarding ASCII file format. All copies of FFDCA section 408(l)(6) would be tolerance objection fee waivers, contact electronic objections and hearing consistent with the safety standard and James Tompkins, Registration Division requests must be identified by the with FIFRA section 18. The data and (7505C), Office of Pesticide Programs, docket control number [OPP–300861]. other relevant material have been Environmental Protection Agency, 401 No Confidential Business Information evaluated and discussed in the final rule M St., SW., Washington, DC 20460. (CBI) should be submitted through e- of May 2, 1997 (62 FR 24040). Based on Office location, telephone number, and mail. Copies of electronic objections and that data and information considered, e-mail address: Rm. 239, Crystal Mall hearing requests on this rule may be the Agency reaffirms that extension of #2, 1921 Jefferson Davis Hwy., filed online at many Federal Depository the time-limited tolerance will continue Arlington, VA, (703) 305–5697, Libraries. to meet the requirements of section [email protected]. Requests for FOR FURTHER INFORMATION CONTACT: By 408(l)(6). Therefore, the time-limited waiver of tolerance objection fees mail: David Deegan, Registration tolerance is extended for an additional should be sent to James Hollins, Division (7505C), Office of Pesticide 2-year period. Although this tolerance Information Resources and Services Programs, Environmental Protection will expire and is revoked on May 30, Division (7502C), Office of Pesticide Agency, 401 M St., SW., Washington, 2001, under FFDCA section 408(l)(5), Programs, Environmental Protection DC 20460. Office location, telephone residues of the pesticide not in excess Agency, 401 M St., SW., Washington, number, and e-mail address: Rm. 286, of the amounts specified in the DC 20460. Crystal Mall #2, 1921 Jefferson Davis tolerance remaining in or on If a hearing is requested, the Hwy., Arlington, VA 22202, (703) 308– watermelons after that date will not be objections must include a statement of 9358; e-mail: unlawful, provided the pesticide is the factual issues on which a hearing is [email protected]. applied in a manner that was lawful requested, the requestor’s contentions SUPPLEMENTARY INFORMATION: EPA under FIFRA and the application on such issues, and a summary of any issued a final rule, published in the occurred prior to the revocation of the evidence relied upon by the requestor Federal Register of May 2, 1997 (62 FR tolerance. EPA will take action to revoke (40 CFR 178.27). A request for a hearing 24040)(FRL–5713–6), which announced this tolerance earlier if any experience will be granted if the Administrator that on its own initiative under section with, scientific data on, or other determines that the material submitted 408(e) of the FFDCA, 21 U.S.C. 346a(e) relevant information on this pesticide shows the following: There is genuine and (l)(6), it established a time-limited indicate that the residues are not safe. and substantial issue of fact; there is a

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The concerns, copies of any written contrary; and resolution of the factual Office of Management and Budget communications from the governments, issues in the manner sought by the (OMB) has exempted these types of and a statement supporting the need to actions from review under Executive requestor would be adequate to justify issue the regulation. In addition, Order 12866, entitled Regulatory the action requested (40 CFR 178.32). Executive Order 12875 requires EPA to Planning and Review (58 FR 51735, Information submitted in connection develop an effective process permitting with an objection or hearing request October 4, 1993). This final rule does not contain any information collections elected officials and other may be claimed confidential by marking representatives of State, local, and tribal any part or all of that information as subject to OMB approval under the Paperwork Reduction Act (PRA), 44 governments ‘‘to provide meaningful CBI. Information so marked will not be U.S.C. 3501 et seq., or impose any and timely input in the development of disclosed except in accordance with enforceable duty or contain any regulatory proposals containing procedures set forth in 40 CFR part 2. unfunded mandate as described under significant unfunded mandates.’’ A copy of the information that does not Title II of the Unfunded Mandates Today’s rule does not create an contain CBI must be submitted for Reform Act of 1995 (UMRA) (Pub. L. unfunded Federal mandate on State, inclusion in the public record. 104–4). Nor does it require any prior local, or tribal governments. The rule Information not marked confidential consultation as specified by Executive does not impose any enforceable duties may be disclosed publicly by EPA Order 12875, entitled Enhancing the without prior notice. on these entities. Accordingly, the Intergovernmental Partnership (58 FR requirements of section 1(a) of II. Public Record and Electronic 58093, October 28, 1993), or special Executive Order 12875 do not apply to Submissions considerations as required by Executive this rule. Order 12898, entitled Federal Actions to EPA has established a record for this Address Environmental Justice in C. Executive Order 13084 regulation under docket control number Minority Populations and Low-Income [OPP–300861] (including any comments Populations (59 FR 7629, February 16, Under Executive Order 13084, and data submitted electronically). A 1994), or require OMB review in entitled Consultation and Coordination public version of this record, including accordance with Executive Order 13045, with Indian Tribal Governments (63 FR printed, paper versions of electronic entitled Protection of Children from 27655, May 19, 1998), EPA may not comments, which does not include any Environmental Health Risks and Safety issue a regulation that is not required by information claimed as CBI, is available Risks (62 FR 19885, April 23, 1997). statute, that significantly or uniquely for inspection from 8:30 a.m. to 4 p.m., In addition, since tolerances and affects the communities of Indian tribal Monday through Friday, excluding legal exemptions that are established under governments, and that imposes holidays. The public record is located in section 408(l)(6) of FFDCA, such as the substantial direct compliance costs on Room 119 of the Public Information and exemption in this final rule, do not those communities, unless the Federal Records Integrity Branch, Information require the issuance of a proposed rule, government provides the funds Resources and Services Division the requirements of the Regulatory necessary to pay the direct compliance (7502C), Office of Pesticide Programs, Flexibility Act (RFA) (5 U.S.C. 601 et costs incurred by the tribal Environmental Protection Agency, seq.) do not apply. Nevertheless, the governments. If the mandate is Crystal Mall #2, 1921 Jefferson Davis Agency previously assessed whether unfunded, EPA must provide OMB, in Hwy., Arlington, VA. establishing tolerances, exemptions a separately identified section of the from tolerances, raising tolerance levels preamble to the rule, a description of Objections and hearing requests may or expanding exemptions might the extent of EPA’s prior consultation be sent by e-mail directly to EPA at: adversely impact small entities and with representatives of affected tribal [email protected] concluded, as a generic matter, that governments, a summary of the nature there is no adverse economic impact. of their concerns, and a statement The factual basis for the Agency’s E-mailed objections and hearing supporting the need to issue the generic certification for tolerance requests must be submitted as an ASCII regulation. In addition, Executive Order actions published on May 4, 1981 (46 file avoiding the use of special 13084 requires EPA to develop an FR 24950), and was provided to the characters and any form of encryption. effective process permitting elected Chief Counsel for Advocacy of the Small officials and other representatives of The official record for this regulation, Business Administration. Indian tribal governments ‘‘to provide as well as the public version, as meaningful and timely input in the described in this unit will be kept in B. Executive Order 12875 development of regulatory policies on paper form. Accordingly, EPA will Under Executive Order 12875, matters that significantly or uniquely transfer any copies of objections and entitled Enhancing the affect their communities.’’ hearing requests received electronically Intergovernmental Partnership (58 FR into printed, paper form as they are 58093, October 28, 1993), EPA may not Today’s rule does not significantly or received and will place the paper copies issue a regulation that is not required by uniquely affect the communities of in the official record which will also statute and that creates a mandate upon Indian tribal governments. This action include all comments submitted directly a State, local or tribal government, does not involve or impose any in writing. The official record is the unless the Federal government provides requirements that affect Indian tribes. paper record maintained at the Virginia the funds necessary to pay the direct Accordingly, the requirements of address in ‘‘ADDRESSES’’ at the compliance costs incurred by those section 3(b) of Executive Order 13084 beginning of this document. governments. If the mandate is do not apply to this rule.

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IV. Submission to Congress and the emergency exemption under section 18 Agency, 401 M St., SW., Washington, Comptroller General of the Federal Insecticide, Fungicide, DC 20460. Office location, telephone The Congressional Review Act, 5 and Rodenticide Act authorizing use of number, and e-mail address: Rm. 271, U.S.C. 801 et seq., as added by the Small the pesticide on garlic. This regulation Crystal Mall #2, 1921 Jefferson Davis Business Regulatory Enforcement establishes a maximum permissible Hwy., Arlington, VA, 703–308–9362; e- Fairness Act of 1996, generally provides level for residues of tebuconazole in this mail: [email protected]. that before a rule may take effect, the food commodity pursuant to section SUPPLEMENTARY INFORMATION: EPA, on Agency promulgating the rule must 408(l)(6) of the Federal Food, Drug, and its own initiative, pursuant to sections submit a rule report, which includes a Cosmetic Act, as amended by the Food 408 and (l)(6) of the Federal Food, Drug, copy of the rule, to each House of the Quality Protection Act of 1996. The and Cosmetic Act (FFDCA), 21 U.S.C. Congress and the Comptroller General of tolerance will expire and is revoked on 346a and (l)(6), is establishing a the United States. EPA will submit a June 30, 2000. tolerance for residues of the fungicide report containing this rule and other DATES: This regulation is effective May tebuconazole, in or on garlic at 0.1 part required information to the U.S. Senate, 26, 1999. Objections and requests for per million (ppm). This tolerance will the U.S. House of Representatives and hearings must be received by EPA on or expire and is revoked on June 30, 2000. the Comptroller General of the United before July 26, 1999. EPA will publish a document in the States prior to publication of the rule in ADDRESSES: Written objections and Federal Register to remove the revoked the Federal Register. This rule is not a hearing requests, identified by the tolerance from the Code of Federal ‘‘major rule’’ as defined by 5 U.S.C. docket control number [OPP–300855], Regulations. 804(2). must be submitted to: Hearing Clerk (1900), Environmental Protection I. Background and Statutory Findings List of Subjects in 40 CFR Part 180 Agency, Rm. M3708, 401 M St., SW., The Food Quality Protection Act of Environmental protection, Washington, DC 20460. Fees 1996 (FQPA) (Pub. L. 104–170) was Administrative practice and procedure, accompanying objections and hearing signed into law August 3, 1996. FQPA Agricultural commodities, Pesticides requests shall be labeled ‘‘Tolerance amends both the Federal Food, Drug, and pests, Reporting and recordkeeping Petition Fees’’ and forwarded to: EPA and Cosmetic Act (FFDCA), 21 U.S.C. requirements. Headquarters Accounting Operations 301 et seq., and the Federal Insecticide, Branch, OPP (Tolerance Fees), P.O. Box Dated: May 17, 1999. Fungicide, and Rodenticide Act 360277M, Pittsburgh, PA 15251. A copy (FIFRA), 7 U.S.C. 136 et seq. The FQPA James Jones, of any objections and hearing requests amendments went into effect Director, Registration Division, Office of filed with the Hearing Clerk identified immediately. Among other things, Pesticide Programs. by the docket control number, [OPP– FQPA amends FFDCA to bring all EPA Therefore, 40 CFR chapter I is 300855], must also be submitted to: pesticide tolerance-setting activities amended as follows: Public Information and Records under a new section 408 with a new Integrity Branch, Information Resources safety standard and new procedures. PART 180 Ð [AMENDED] and Services Division (7502C), Office of These activities are described in this Pesticide Programs, Environmental 1. The authority citation for part 180 preamble and discussed in greater detail Protection Agency, 401 M St., SW., continues to read as follows: in the final rule establishing the time- Washington, DC 20460. In person, bring limited tolerance associated with the Authority: 21 U.S.C. 321(q), 346a and 371. a copy of objections and hearing emergency exemption for use of requests to Rm. 119, Crystal Mall #2, propiconazole on sorghum (61 FR 1921 Jefferson Davis Hwy., Arlington, 58135, November 13, 1996) (FRL–5572– §180.425 [Amended] VA. 9). 2. In §180.425, by amending the table A copy of objections and hearing New section 408(b)(2)(A)(i) of the in paragraph (b) by revising the date ‘‘5/ requests filed with the Hearing Clerk FFDCA allows EPA to establish a 30/99’’ to read ‘‘5/30/01’’. may also be submitted electronically by tolerance (the legal limit for a pesticide [FR Doc. 99–13193 Filed 5–25–99; 8:45 am] sending electronic mail (e-mail) to: opp- chemical residue in or on a food) only BILLING CODE 6560±50±F [email protected]. Copies of electronic if EPA determines that the tolerance is objections and hearing requests must be ‘‘safe.’’ Section 408(b)(2)(A)(ii) defines submitted as an ASCII file avoiding the ‘‘safe’’ to mean that ‘‘there is a ENVIRONMENTAL PROTECTION use of special characters and any form reasonable certainty that no harm will AGENCY of encryption. Copies of objections and result from aggregate exposure to the hearing requests will also be accepted pesticide chemical residue, including 40 CFR Part 180 on disks in WordPerfect 5.1/6.1 or all anticipated dietary exposures and all [OPP±300855; FRL±6079±1] ASCII file format. All copies of other exposures for which there is electronic objections and hearing reliable information.’’ This includes RIN 2070±AB78 requests must be identified by the exposure through drinking water and in docket control number [OPP–300855]. residential settings, but does not include Tebuconazole; Pesticide Tolerance for No Confidential Business Information Emergency Exemption occupational exposure. Section (CBI) should be submitted through e- 408(b)(2)(C) requires EPA to give special AGENCY: Environmental Protection mail. Copies of electronic objections and consideration to exposure of infants and Agency (EPA). hearing requests on this rule may be children to the pesticide chemical filed online at many Federal Depository ACTION: Final rule. residue in establishing a tolerance and Libraries. to ‘‘ensure that there is a reasonable SUMMARY: This regulation establishes a FOR FURTHER INFORMATION CONTACT: By certainty that no harm will result to time-limited tolerance for residues of mail: Stephen Schaible, Registration infants and children from aggregate tebuconazole in or on garlic. This action Division (7505C), Office of Pesticide exposure to the pesticide chemical is in response to EPA’s granting of an Programs, Environmental Protection residue. . . .’’

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Section 18 of FIFRA authorizes EPA and to ensure that the resulting food is EPA’s assessment of the dietary to exempt any Federal or State agency safe and lawful, EPA is issuing this exposures and risks associated with from any provision of FIFRA, if EPA tolerance without notice and establishing the tolerance follows. determines that ‘‘emergency conditions opportunity for public comment under A. Toxicological Profile exist which require such exemption.’’ section 408(e), as provided in section This provision was not amended by 408(l)(6). Although this tolerance will EPA has evaluated the available FQPA. EPA has established regulations expire and is revoked on June 30, 2000, toxicity data and considered its validity, governing such emergency exemptions under FFDCA section 408(l)(5), residues completeness, and reliability as well as in 40 CFR part 166. of the pesticide not in excess of the the relationship of the results of the Section 408(l)(6) of the FFDCA amounts specified in the tolerance studies to human risk. EPA has also requires EPA to establish a time-limited remaining in or on garlic after that date considered available information tolerance or exemption from the will not be unlawful, provided the concerning the variability of the requirement for a tolerance for pesticide pesticide is applied in a manner that sensitivities of major identifiable chemical residues in food that will was lawful under FIFRA, and the subgroups of consumers, including result from the use of a pesticide under residues do not exceed a level that was infants and children. The nature of the an emergency exemption granted by authorized by this tolerance at the time toxic effects caused by tebuconazole are EPA under section 18 of FIFRA. Such of that application. EPA will take action discussed in this unit. tolerances can be established without to revoke this tolerance earlier if any B. Toxicological Endpoint providing notice or period for public experience with, scientific data on, or comment. other relevant information on this 1. Acute toxicity. The acute reference Because decisions on section 18- pesticide indicate that the residues are dose (RfD) of 0.1 milligrams/kilogram/ related tolerances must proceed before not safe. day (mg/kg/day) for tebuconazole was EPA reaches closure on several policy Because this tolerance is being established based on a developmental issues relating to interpretation and approved under emergency conditions toxicity study in mice with a no implementation of the FQPA, EPA does EPA has not made any decisions about observed adverse effect level (NOAEL) not intend for its actions on such whether tebuconazole meets EPA’s of 10 mg/kg/day for developmental tolerances to set binding precedents for registration requirements for use on toxicity. At the lowest observed adverse the application of section 408 and the garlic or whether a permanent tolerance effect level (LOAEL) of 30 mg/kg/day, new safety standard to other tolerances for this use would be appropriate. an increased incidence of runts (fetuses and exemptions. Under these circumstances, EPA does weighing less than 1.3 gram) were observed. An uncertainty factor of 100 II. Emergency Exemption for not believe that this tolerance serves as a basis for registration of tebuconazole was applied to the NOAEL to calculate Tebuconazole on Garlic and FFDCA the acute RfD of 0.1 mg/kg/day. EPA has Tolerances by a State for special local needs under FIFRA section 24(c). Nor does this determined that the 10x factor to While garlic rust is usually a disease tolerance serve as the basis for any State account for enhanced susceptibility of of minor concern in California, it other than California to use this infants and children (as required by appeared as a serious pest problem in pesticide on this crop under section 18 FQPA) should be retained. This several garlic growing areas of the state of FIFRA without following all determination is based on the results of in the 1997–98 growing season. The provisions of EPA’s regulations the developmental toxicity study in mild winter that year allowed the implementing section 18 as identified in mice used to establish the acute RfD, pathogen to survive the winter and 40 CFR part 166. For additional other developmental toxicity studies in cause infection early in the season. No information regarding the emergency mice, rats and rabbits and the structural fungicide is specifically registered for exemption for tebuconazole, contact the relationship of tebuconazole to several control of rust on garlic. The fungicides Agency’s Registration Division at the other triazole pesticides which also registered for use on garlic are not address provided under the have been shown to induce effective at controlling the disease under ‘‘ADDRESSES’’ section. developmental toxicity in rats and/or high pest pressure. Data presented by rabbits. For acute dietary exposure, EPA the state indicate that tebuconazole is III. Aggregate Risk Assessment and determined that the 10x safety factor is highly effective at controlling the Determination of Safety applicable to the subpopulations disease. EPA has authorized under EPA performs a number of analyses to females (13+ years), as well as infants FIFRA section 18 the use of determine the risks from aggregate and children because the effects seen tebuconazole on garlic for control of exposure to pesticide residues. For were developmental and are presumed garlic rust in California. After having further discussion of the regulatory to occur following ‘‘acute’’ exposures. reviewed the submission, EPA concurs requirements of section 408 and a For subpopulations other than females that emergency conditions exist for this complete description of the risk (13+ years), infants and children, a state. assessment process, see the final rule on toxicological endpoint was not As part of its assessment of this Bifenthrin Pesticide Tolerances (62 FR identified. Application of the 10x safety emergency exemption, EPA assessed the 62961, November 26, 1997) (FRL–5754– factor for enhanced susceptibility of potential risks presented by residues of 7) . infants and children to the acute RfD of tebuconazole in or on garlic. In doing Consistent with section 408(b)(2)(D), 0.1 mg/kg/day results in an acceptable so, EPA considered the safety standard EPA has reviewed the available acute dietary exposure (food plus water) in FFDCA section 408(b)(2), and EPA scientific data and other relevant of 10% or less of the acute RfD. decided that the necessary tolerance information in support of this action. 2. Short-and intermediate-term under FFDCA section 408(l)(6) would be EPA has sufficient data to assess the toxicity. Toxicological endpoints for consistent with the safety standard and hazards of tebuconazole and to make a short- or intermediate-term dermal with FIFRA section 18. Consistent with determination on aggregate exposure, toxicity were not identified. Adverse the need to move quickly on the consistent with section 408(b)(2), for a systemic effects were not observed in emergency exemption in order to time-limited tolerance for residues of dermal developmental toxicity studies address an urgent non-routine situation tebuconazole on garlic at 0.1 ppm. in mice or rats at the limit dose of 1,000

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28379 mg/kg/day or in a 21-day dermal adenomas/carcinomas in male mice at Section 408(b)(2)(E) authorizes EPA to toxicity study in rabbits at the limit dose the highest dose tested (279 mg/kg/day). use available data and information on of 1,000 mg/kg/day. Therefore, risk 2. A statistically significant increase the anticipated residue levels of assessments for short- or intermediate- in the incidence of hepatocellular pesticide residues in food and the actual term dermal exposure were not carcinomas and combined adenomas/ levels of pesticide chemicals that have conducted. carcinomas in female mice at the been measured in food. If EPA relies on A NOAEL of 0.0106 mg/liter/day highest dose tested (366 mg/kg/day). In such information, EPA must require that (equivalent to 2.9 mg/kg/day) was addition, tebuconazole is structurally data be provided 5 years after the identified as the toxicological endpoint related to several other triazole tolerance is established, modified, or for short- and intermediate-term (and pesticides that produce similar liver left in effect, demonstrating that the chronic) inhalation toxicity based on a tumors in mice. For the purpose of levels in food are not above the levels 21-day inhalation toxicity study in rats. carcinogenic risk assessment, the RfD anticipated. Following the initial data At the LOAEL of 0.1558 mg/liter/day, methodology is used to estimate human submission, EPA is authorized to piloerection and increased liver O- risk. require similar data on a time frame it deems appropriate. As required by demethylase and N-demethylase activity C. Exposures and Risks were observed in both males and section 408(b)(2)(E), EPA will issue a females. EPA determined that the 10x 1. From food and feed uses. data call-in for information relating to safety factor to account for enhanced Tolerances have been established (40 anticipated residues to be submitted no susceptibility of infants and children (as CFR 180.474) for the residues of later than 5 years from the date of required by FQPA) is not applicable for tebuconazole, in or on a variety of raw issuance of this tolerance. inhalation toxicity for the currently agricultural commodities. Tolerances Section 408(b)(2)(F) states that the registered residential exposures to have been established for milk and meat Agency may use data on the actual tebuconazole. A Margin of Exposure byproducts in connection with use of percent of food treated for assessing (MOE) of 100 or more for short- or tebuconazole under a previous section chronic dietary risk only if the Agency intermediate-term non-dietary risk is 18. Risk assessments were conducted by can make the following findings: That acceptable for all subpopulations. EPA to assess dietary exposures and the data used are reliable and provide a 3. Chronic toxicity. EPA has risks from tebuconazole as follows: valid basis to show what percentage of i. Acute exposure and risk. Acute established the RfD for tebuconazole at the food derived from such crop is dietary risk assessments are performed likely to contain such pesticide residue; 0.03 (mg/kg/day). This RfD is based on for a food-use pesticide if a toxicological that the exposure estimate does not a 1-year chronic feeding study in dogs study has indicated the possibility of an underestimate exposure for any in which the NOAEL was 100 ppm (2.96 effect of concern occurring as a result of significant subpopulation group; and if mg/kg/day in males and 2.94 mg/kg/day a 1-day or single exposure. An acute data are available on pesticide use and in females) and the LOAEL was 150 dietary endpoint of concern was food consumption in a particular area, ppm (4.39 mg/kg/day in males and 4.45 identified for subpopulations females the exposure estimate does not mg/kg/day in females), based on (13+ years), as well as infants and understate exposure for the population histopathological changes in the adrenal children. in such area. In addition, the Agency gland (hypertrophy of the zona An acute dietary (food only) must provide for periodic evaluation of fasciculata and fatty changes in the zona probablistic risk analysis submitted in any estimates used. To provide for the glomerulosa in both sexes and lipid conjunction with another action was periodic evaluation of the estimate of hyperplasia in the cortex in males). An used to estimate acute dietary risk. The PCT as required by section 408(b)(2)(F), uncertainty factor of 100 was used to following assumptions were utilized in EPA may require registrants to submit account for inter-species extrapolation the Monte Carlo analysis: data on PCT. and intra-species variability. EPA 1. Percent crop treated (PCT) data The Agency used PCT information as determined that the 10x factor for were used for all commodities. follows: enhanced susceptibility of infants and 2. Maximum residue levels from crop PCT refinements were assumed for all children (as required by FQPA) is not field trials for single serving commodities evaluated in the applicable for chronic dietary exposure. commodities such as bananas and probablistic risk assessment. For The developmental effects which peaches were utilized. published uses, PCT data were based on contributed to the decision to retain the 3. Average residue levels from crop information obtained from the registrant 10x factor for acute dietary exposure are field trials were used for blended and were derived from Doane Marketing considered to be acute effects; maternal commodities such as fruit juices, grains Research and USDA National effects in those same studies were and oils. Agricultural Statistics Service (NASS). minimal. Additionally, the NOAEL on 4. Anticipated residue levels for For those commodities being requested which the RfD is based is the lowest ruminant commodities were calculated under section 18, total U.S. acreage NOAEL in the toxicology data base for using a livestock diet constructed using treated under section 18 was aggregated this chemical. A chronic dietary anticipated residue levels for livestock for each crop and compared to total exposure (food plus water) of 100% or feed items. This analysis is considered acreage grown in the U.S. to derive a less of the chronic RfD is acceptable for to be highly refined. This analysis was national PCT estimate. all subpopulations. run with 2,000 iterations. The results of The Agency believes that the three 4. Carcinogenicity. Tebuconazole is the Monte Carlo analysis indicate that conditions, discussed in section 408 classified as a Group C (possible human) the percent of acute RfD for all children (b)(2)(F) concerning the Agency’s carcinogen. This decision was primarily and infants subgroups as well as females responsibilities in assessing acute based on results in a 91-week 13+ years old are all below 10% of the dietary risk findings, have been met. carcinogenicity study in mice in which RfD nursing infants (<1 year), 7%; non- The PCT estimates are derived from the following effects were observed: nursing infants (<1 year), 7%; children Federal and private market survey data, 1. A statistically significant increase (1 to 6 years) 9%, children (7 to 12 which are reliable and have a valid in the incidence of hepatocellular years) 3%; all infants (<1 year), 7%; basis. Typically, a range of estimates are adenomas, carcinomas and combined females (13 years plus), 3%. supplied and the upper end of this

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28380 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations range is assumed for the exposure not included in the Pesticides in DWLOC for chronic exposures relative assessment. By using this upper end Ground Water Database (US EPA, 1992), to a chronic toxicity endpoint, the estimate of the PCT, the Agency is and it was not an analyte in the National chronic dietary food exposure was reasonably certain that the percentage of Pesticide Survey (US EPA, 1990). subtracted from the chronic RfD (0.03 the food treated is not likely to be EPA estimated exposure for mg/kg/day) to obtain the acceptable underestimated. The regional tebuconazole for both surface and chronic exposure to tebuconazole in consumption information and ground water based on available drinking water. DWLOCs were then consumption information for significant modeling. Environmental calculated from this exposure using subpopulations is taken into account concentrations for surface water were default body weights (70 kg for U.S. through EPA’s computer-based model estimated using modeling from Generic population, 60 kg for females 10 kg for for evaluating the exposure of Estimated Environmental Concentration children) and drinking water significant subpopulations including (GENEEC). For surface water, the consumption figures (2 liters U.S. several regional groups. Use of this maximum concentrations were used for population females 1 liter children). consumption information in EPA’s risk acute risk calculations, the annual Based on these calculations EPA’s assessment process ensures that EPA’s means (1–10 years) for chronic risk DWLOCs for chronic risk are 950 ppb exposure estimate does not understate calculations. Current Agency policy for the U.S. population, 780 ppb for exposure for any significant allows that a factor of 3 be applied to females and 190 ppb for non-nursing subpopulation group and allows the GENEEC model values when infants (<1 year old). Agency to be reasonably certain that no determining whether or not a level of Estimated annual average regional population is exposed to concern has been exceeded. If the concentrations of tebuconazole in residue levels higher than those GENEEC model value is ≤ 3 times the surface water and ground water are 10 estimated by the Agency. Other than the drinking water level of comparison ppb and 0.3 ppb, respectively. The data available through national food (DWLOC), the pesticide is considered to estimated annual average concentrations consumption surveys, EPA does not have passed the screen. Acute and of tebuconazole in surface and ground have available information on the chronic ground water concentrations water are less than EPA’s levels of regional consumption of food to which were estimated using the Screening concern for chronic exposure in tebuconazole may be applied in a Concentration in Ground Water (SCI- drinking water. particular area. GROW) model. For the purposes of the 3. From non-dietary exposure. No ii. Chronic exposure and risk. The screening level assessment, the short- or intermediate-term dermal Agency conducted a chronic dietary maximum and average annual toxicological endpoints were identified. exposure analysis and risk assessment. concentrations in ground water are not Tebuconazole’s registered residential The analysis evaluated individual food believed to vary significantly. DWLOCs uses are for the formulation of wood- consumption as reported by will be compared directly to SCI-GROW based composite products, wood respondents in the USDA 1977–78 values. products for in-ground contact, plastics, Nationwide Food Consumption Survey i. Acute exposure and risk. DWLOCs exterior paints, glues and adhesives. (NFCS) and accumulates exposure to the were calculated for acute exposures to Currently, the only residential end-use chemical for each commodity. In tebuconazole in surface and ground products on the market are for exterior conducting the chronic dietary risk water for females 13+ years old and treated wood use. Exposure via assessment, the Agency made the very children (1–6 years old). Relative to an incidental ingestion (by children) and conservative assumption that 100% of acute toxicity endpoint, the acute inhalation are not a concern for these every commodity evaluated will contain dietary food exposure (from the products which are used outdoors. No residues and those residues will be at probablistic analysis) was subtracted paints or other end-use products tolerance level; this assumption results from the ratio of the acute NOAEL to the containing tebuconazole are available in an overestimation of human dietary appropriate percentage acute RfD to for interior use. Accordingly, residential exposure. Thus, in making a safety obtain the acceptable acute exposure to exposure is not expected at this time. determination for this time-limited tebuconazole in drinking water. 4. Cumulative exposure to substances tolerance, the Agency is taking into DWLOCs were then calculated from this with common mechanism of toxicity. account this conservative exposure acceptable exposure using default body Section 408(b)(2)(D)(v) requires that, assessment. weights (60 kg for females and 10 kg for when considering whether to establish, The existing tebuconazole tolerances children) and drinking water modify, or revoke a tolerance, the published, pending, and including the consumption figures (2 liters for females Agency consider ‘‘available necessary section 18 tolerance(s) result 1 liter for children). Based on these information’’ concerning the cumulative in a Theoretical Maximum Residue calculations EPA’s DWLOC for acute effects of a particular pesticide’s Contribution (TMRC) that is equivalent dietary risk is 14 parts per billion (ppb) residues and ‘‘other substances that to percentages of the RfD below 100% for children (1-6 years old) and 200 ppb have a common mechanism of toxicity.’’ for all subgroups i.e., U.S. population, for females 13+ years old. EPA does not have, at this time, 11% and non-nursing infants (<1 year Maximum concentrations of available data to determine whether old), the most highly exposed subgroup, tebuconazole in surface and ground tebuconazole has a common mechanism 37%. water are estimated to be 14 ppb and 0.3 of toxicity with other substances or how 2. From drinking water. Based on ppb, respectively. The maximum to include this pesticide in a cumulative present data available to the Agency, estimated concentrations of risk assessment. Unlike other pesticides tebuconazole is persistent and relatively tebuconazole in surface and ground for which EPA has followed a immobile. There are no established water do not exceed EPA’s levels of cumulative risk approach based on a Maximum Contaminant Level or health concern for acute exposure in drinking common mechanism of toxicity, advisory levels for residues of water for the females 13+ and children. tebuconazole does not appear to tebuconazole in drinking water. ii. Chronic exposure and risk. EPA produce a toxic metabolite produced by Monitoring data for residues of has calculated DWLOCs for chronic other substances. For the purposes of tebuconazole in surface and ground exposures to tebuconazole in surface this tolerance action, therefore, EPA has water are not available. Tebuconazole is and ground water. To calculate the not assumed that tebuconazole has a

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28381 common mechanism of toxicity with 3. Short- and intermediate-term risk. calculating a dose level that poses no other substances. For more information Short- and intermediate-term aggregate appreciable risk to humans. EPA regarding EPA’s efforts to determine exposure takes into account chronic believes that reliable data support using which chemicals have a common dietary food and water (considered to be the standard MOE and uncertainty mechanism of toxicity and to evaluate a background exposure level) plus factor (usually 100 for combined inter- the cumulative effects of such indoor and outdoor residential and intra-species variability) and not the chemicals, see the final rule for exposure. additional tenfold MOE/uncertainty Bifenthrin Pesticide Tolerances (62 FR No short- or intermediate-term dermal factor when EPA has a complete data 62961, November 26, 1997). toxicological endpoints were identified. base under existing guidelines and Also, no residential exposure is when the severity of the effect in infants D. Aggregate Risks and Determination of expected from the current residential or children or the potency or unusual Safety for U.S. Population uses. Thus, no risk assessments were toxic properties of a compound do not 1. Acute risk. A toxicological conducted for residential exposure. raise concerns regarding the adequacy of endpoint was identified for acute Therefore, EPA concludes with the standard MOE/safety factor. dietary risk assessments for reasonable certainty that tebuconazole ii. Developmental toxicity studies. In subpopulations females (13+ years), does not contribute significantly to the two associated oral developmental infants and children. The 10x safety aggregate shortand intermediate-term toxicity studies in mice, the maternal factor for enhanced susceptibility of risk at the present time. NOAEL was 10 mg/kg/day and the infants and children as required by 4. Aggregate cancer risk for U.S. LOAEL was 20 mg/kg/day, based on FQPA is applicable for all of these population. Tebuconazole is classified decreased hematocrit and effects in the subgroups. Therefore, 10% or less of the as a Group C (possible human) liver. The developmental toxicity acute RfD of 0.1 mg/kg/day results in an carcinogen. Since, for the purpose of NOAEL was 10 mg/kg/day and the acceptable acute dietary exposure (food carcinogenic risk assessment the LOAEL was 30 mg/kg/day, based on plus water). Reference Dose (RfD) methodology was increased numbers of runts (fetuses An acute dietary (food only) used, the discussion for chronic risk weighing less than 1.3 gram). In probablistic risk analysis resulted in 3% (11% of RfD utilized) above applies to addition, at 100 mg/kg/day, frank of the acute RfD utilized for females cancer risk as well. Therefore, EPA malformations in the skull, brain and (13+ years). The maximum estimated concludes with reasonable certainty that spinal column and a reduced rate of concentrations of tebuconazole in tebuconazole does not contribute ossification in the cranium were surface and ground water do not exceed significantly to the aggregate cancer risk observed. In a dermal developmental EPA’s levels of concern for acute at the present time. toxicity study in mice, no exposure in drinking water for the 5. Determination of safety. Based on toxicologically significant maternal females 13+. Currently the only these risk assessments, EPA concludes toxicity or developmental toxicity was residential end-use products on the that there is a reasonable certainty that observed at the limit dose of 1,000 mg/ market are for exterior treated wood use. no harm will result from aggregate kg/day. Exposure via incidental ingestion (by exposure to tebuconazole residues. In an oral developmental toxicity children) and inhalation are not a study in rats, the maternal NOAEL was E. Aggregate Risks and Determination of concern for these products which are 30 mg/kg/day and the LOAEL was 60 Safety for Infants and Children used outdoors. No paints or other end- mg/kg/day, based on increased liver use products containing tebuconazole 1. Safety factor for infants and weight. The developmental toxicity are available for interior use. children—i. In general. In assessing the NOAEL was 30 mg/kg/day and the Accordingly residential exposure is not potential for additional sensitivity of LOAEL was 60 mg/kg/day, based on expected with these uses. Therefore, infants and children to residues of delayed ossification of several bones EPA concludes with reasonable tebuconazole, EPA considered data from and increased numbers of fetuses with certainty that residues of tebuconazole developmental toxicity studies in the rat supernumerary ribs. In addition, at 120 do not contribute significantly to the and rabbit and a 2-generation mg/kg/day, increased resorptions, aggregate acute risk at the present time. reproduction study in the rat. The decreased fetal body weights and frank 2. Chronic risk. Using the TMRC developmental toxicity studies are malformations in two fetuses (missing exposure assumptions described in this designed to evaluate adverse effects on tail, agnatha, microtomia and unit, EPA has concluded that aggregate the developing organism resulting from anophthalmia) were observed. In a exposure to tebuconazole from food will maternal pesticide exposure during dermal developmental toxicity study in utilize 11% of the RfD for the U.S. gestation. Reproduction studies provide rats, no toxicologically significant population. The major identifiable information relating to effects from maternal toxicity or developmental subgroup with the highest aggregate exposure to the pesticide on the toxicity was observed at the limit dose exposure is non-nursing infants (< 1 reproductive capability of mating of 1,000 mg/kg/day. yr.), discussed below. EPA generally has animals and data on systemic toxicity. In an oral developmental toxicity no concern for exposures below 100% FFDCA section 408 provides that EPA study in rabbits, the maternal NOAEL of the RfD because the RfD represents shall apply an additional tenfold margin was 30 mg/kg/day and the LOAEL was the level at or below which daily of safety for infants and children in the 100 mg/kg/day, based on decreased aggregate dietary exposure over a case of threshold effects to account for body weight gain and decreased food lifetime will not pose appreciable risks pre-and post-natal toxicity and the consumption during the dosing period. to human health. Estimated completeness of the data base unless The developmental toxicity NOAEL was environmental concentrations of EPA determines that a different margin 30 mg/kg/day and the LOAEL was 100 tebuconazole in surface water and of safety will be safe for infants and mg/kg/day, based on increased ground water do not exceed chronic children. Margins of safety are postimplantation loss, increased frank DWLOCs calculated by the Agency; incorporated into EPA risk assessments malformations, hydrocephalus and therefore, EPA does not expect the either directly through use of a margin delayed ossification of bones. In another aggregate exposure to exceed 100% of of exposure (MOE) analysis or through oral developmental toxicity study in the RfD. using uncertainty (safety) factors in rabbits, the maternal NOAEL was <10

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28382 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations mg/kg/day and the LOAEL was 10 mg/ day), rats (at 120 mg/kg/day) and rabbits 5. Determination of safety. Based on kg/day, based on increased incidences (at 100 mg/kg/day). Based on a these risk assessments, EPA concludes of single cell necrosis (minimal severity) consideration of all the above findings, that there is a reasonable certainty that in liver cells. The maternal NOAEL from the Agency retained the 10x factor for no harm will result to infants and this study was not used to determine the enhanced susceptibility to infants and children from aggregate exposure to acute RfD because single cell necrosis children. The 10x factor is applicable to tebuconazole residues. was not considered to result from a acute dietary exposures for the single exposure. The developmental subpopulations females (13+ years), IV. Other Considerations toxicity NOAEL was 30 mg/kg/day and infants and children. The 10x factor for A. Metabolism In Plants and Animals the LOAEL was 100 mg/kg/day, based enhanced sensitivity of infants and The nature of the residue in plants is on increased postimplantation loss, children is not applicable to chronic understood based on metabolism decreased fetal body weights, increased exposure analysis. studies in grapes, wheat and peanuts. v. Conclusion. There is a complete percentage of fetuses with abnormalities For the purpose of this section 18 only, toxicity data base for tebuconazole and (including runts, hemidiaphragm, limb the nature of the residue in garlic is exposure data are complete or estimated abnormalities and neural tube defects considered to be adequately understood. based on data that reasonably accounts characterized as meningocoele and The residue of concern in plants is spina bifida) and delayed ossification of for potential exposures. tebuconazole per se. bones. 2. Acute risk. An acute dietary (food iii. Reproductive toxicity study. In a 2- only) probablistic risk analysis resulted B. Analytical Enforcement Methodology generation reproduction study in rats, in the following percentages for the < Method 101341, a GC/NPD method, is the parental (systemic) toxicity NOAEL acute RfD: nursing infants ( 1 year), 7%; adequate to enforce the tolerance non-nursing infants (<1 year), 7%; was 15 mg/kg/day and the LOAEL was expression. The method may be children (1 to 6 years) 9%, children (7 50 mg/kg/day, based on loss of hair, requested from: Calvin Furlow, PRRIB, to 12 years) 3%; and all infants (<1 decreased body weights, decreased food IRSD (7502C), Office of Pesticide year), 7%. The maximum estimated consumption, increased severity of Programs, Environmental Protection concentrations of tebuconazole in spleen hemosiderosis and decreased Agency, 401 M St., SW., Washington, surface and ground water do not exceed liver and kidney weights. For offspring DC 20460. Office location and telephone EPA’s levels of concern for acute toxicity, the NOAEL was 15 mg/kg/day number: Rm 101FF, Crystal Mall #2, and the LOAEL was 50 mg/kg/day, exposure in drinking water for children. 1921 Jefferson Davis Hwy., Arlington, based on decreased pup body weights Currently, the only residential end-use VA, (703) 305–5229. from birth through weeks 3–4 in all products on the market are for exterior litter groups. treated wood use. Exposure via C. Magnitude of Residues iv. Pre-and postnatal sensitivity. The incidental ingestion (by children) and No residue data were provided for above studies meet the standard inhalation are not a concern for these garlic. Residue data were translated toxicology data requirements, as products which are used outdoors. No from dry bulb onion data generated in required for a food-use chemical, in 40 paints or other end-use products Mexico. Based on these data, residues of CFR part 158. However, after evaluation containing tebuconazole are available tebuconazole are not expected to exceed of the findings in these studies, for interior use. Accordingly residential 0.1 ppm on garlic as a result of the particularly with respect to effects on exposure is not expected with these proposed section 18 use. the fetal nervous system, together with uses. Therefore, EPA concludes with a consideration of neurotoxic effects reasonable certainty that residues of D. International Residue Limits observed in several other developmental tebuconazole do not contribute There are no Codex, Canadian, or toxicity studies on structurally related significantly to the aggregate acute risk Mexican maximum residue limits triazole pesticides, the Agency at the present. (MRLs) for residues of tebuconazole in/ requested a postnatal developmental 3. Chronic risk. Using the exposure on garlic. International harmonization is neurotoxicity study in rats (Guideline assumptions described in this unit, EPA thus not an issue for this time-limited 83–6) be conducted. The EPA notes has concluded that aggregate exposure tolerance. effects on the nervous system of fetuses to tebuconazole from food will utilize in studies on tebuconazole occurred up to 37% of the RfD for infants and E. Rotational Crop Restrictions only at doses of 100 mg/kg/day or children. EPA generally has no concern A plant back interval of 120 days after higher—i.e., at doses at least ten-fold for exposures below 100% of the RfD last application for crops not listed on higher than the developmental toxicity because the RfD represents the level at the label is required. NOAEL (10 mg/kg/day) to be used for or below which daily aggregate dietary the assessment of acute dietary risk. exposure over a lifetime will not pose V. Conclusion On the basis of comparative NOAELs appreciable risks to human health. As Therefore, the tolerance is established and LOAELs, it was determined there stated above, residential exposure to for residues of tebuconazole in garlic at was no indication of increased tebuconazole is not expected for the 0.1 ppm. susceptibility of the offspring of mice, currently registered uses. Estimated rats or rabbits resulting from prenatal environmental concentrations of VI. Objections and Hearing Requests and/or postnatal exposure to tebuconazole in surface water and The new FFDCA section 408(g) tebuconazole. However, the maternal ground water do not exceed chronic provides essentially the same process effects observed in the developmental DWLOCs calculated by the Agency; for persons to ‘‘object’’ to a tolerance toxicity studies at the LOAEL were of therefore, EPA does not expect the regulation as was provided in the old minimal concern and did not increase aggregate exposure to exceed 100% of section 408 and in section 409. substantially in severity at higher doses, the RfD. However, the period for filing objections whereas the developmental effects at the 4. Short- or intermediate-term risk. As is 60 days, rather than 30 days. EPA LOAEL were pronounced and at higher stated above, residential exposure to currently has procedural regulations doses were quite severe (including frank tebuconazole is not expected for the which govern the submission of malformations) in mice (at 100 mg/kg/ currently registered uses. objections and hearing requests. These

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28383 regulations will require some may be claimed confidential by marking U.S.C. 3501 et seq., or impose any modification to reflect the new law. any part or all of that information as enforceable duty or contain any However, until those modifications can CBI. Information so marked will not be unfunded mandate as described under be made, EPA will continue to use those disclosed except in accordance with Title II of the Unfunded Mandates procedural regulations with appropriate procedures set forth in 40 CFR part 2. Reform Act of 1995 (UMRA) (Pub. L. adjustments to reflect the new law. A copy of the information that does not 104–4). Nor does it require any prior Any person may, by July 26, 1999, file contain CBI must be submitted for consultation as specified by Executive written objections to any aspect of this inclusion in the public record. Order 12875, entitled Enhancing the regulation and may also request a Information not marked confidential Intergovernmental Partnership (58 FR hearing on those objections. Objections may be disclosed publicly by EPA 58093, October 28, 1993), or special and hearing requests must be filed with without prior notice. considerations as required by Executive the Hearing Clerk, at the address given Order 12898, entitled Federal Actions to under the ‘‘ADDRESSES’’ section (40 VII. Public Record and Electronic Address Environmental Justice in CFR 178.20). A copy of the objections Submissions Minority Populations and Low-Income and/or hearing requests filed with the EPA has established a record for this Populations (59 FR 7629, February 16, Hearing Clerk should be submitted to regulation under docket control number 1994), or require OMB review in the OPP docket for this rulemaking. The [OPP–300855] (including any comments accordance with Executive Order 13045, objections submitted must specify the and data submitted electronically). A entitled Protection of Children from provisions of the regulation deemed public version of this record, including Environmental Health Risks and Safety objectionable and the grounds for the printed, paper versions of electronic Risks (62 FR 19885, April 23, 1997). objections (40 CFR 178.25). Each comments, which does not include any In addition, since tolerances and objection must be accompanied by the information claimed as CBI, is available exemptions that are established on the fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., basis of a petition under FFDCA section is authorized to waive any fee Monday through Friday, excluding legal 408(l)(6), such as the tolerance in this requirement ‘‘when in the judgement of holidays. The public record is located in final rule, do not require the issuance of the Administrator such a waiver or Room 119 of the Public Information and a proposed rule, the requirements of the refund is equitable and not contrary to Records Integrity Branch, Information Regulatory Flexibility Act (RFA) (5 the purpose of this subsection.’’ For Resources and Services Division U.S.C. 601 et seq.) do not apply. additional information regarding (7502C), Office of Pesticide Programs, Nevertheless, the Agency previously tolerance objection fee waivers, contact Environmental Protection Agency, assessed whether establishing James Tompkins, Registration Division Crystal Mall #2, 1921 Jefferson Davis tolerances, exemptions from tolerances, (7505C), Office of Pesticide Programs, Hwy., Arlington, VA. raising tolerance levels or expanding Environmental Protection Agency, 401 Objections and hearing requests may exemptions might adversely impact M St., SW., Washington, DC 20460. be sent by e-mail directly to EPA at: small entities and concluded, as a Office location, telephone number, and [email protected]. generic matter, that there is no adverse e-mail address: Rm. 239, Crystal Mall E-mailed objections and hearing economic impact. The factual basis for #2, 1921 Jefferson Davis Hwy., requests must be submitted as an ASCII the Agency’s generic certification for Arlington, VA, (703) 305-5697, file avoiding the use of special tolerance actions published on May 4, [email protected]. Requests for characters and any form of encryption. 1981 (46 FR 24950), and was provided waiver of tolerance objection fees The official record for this regulation, to the Chief Counsel for Advocacy of the should be sent to James Hollins, as well as the public version, as Small Business Administration. Information Resources and Services described in this unit will be kept in B. Executive Order 12875 Division (7502C), Office of Pesticide paper form. Accordingly, EPA will Under Executive Order 12875, Programs, Environmental Protection transfer any copies of objections and entitled Enhancing the Agency, 401 M St., SW., Washington, hearing requests received electronically Intergovernmental Partnership (58 FR DC 20460. into printed, paper form as they are 58093, October 28, 1993), EPA may not If a hearing is requested, the received and will place the paper copies issue a regulation that is not required by objections must include a statement of in the official record which will also statute and that creates a mandate upon the factual issues on which a hearing is include all comments submitted directly requested, the requestor’s contentions a State, local or tribal government, in writing. The official record is the unless the Federal government provides on such issues, and a summary of any paper record maintained at the Virginia evidence relied upon by the requestor the funds necessary to pay the direct address in ‘‘ADDRESSES’’ at the (40 CFR 178.27). A request for a hearing compliance costs incurred by those beginning of this document. will be granted if the Administrator governments. If the mandate is determines that the material submitted VIII. Regulatory Assessment unfunded, EPA must provide to OMB a shows the following: There is genuine Requirements description of the extent of EPA’s prior and substantial issue of fact; there is a consultation with representatives of A. Certain Acts and Executive Orders reasonable possibility that available affected State, local, and tribal evidence identified by the requestor This final rule establishes a tolerance governments, the nature of their would, if established, resolve one or under section 408 of the FFDCA. The concerns, copies of any written more of such issues in favor of the Office of Management and Budget communications from the governments, requestor, taking into account (OMB) has exempted these types of and a statement supporting the need to uncontested claims or facts to the actions from review under Executive issue the regulation. In addition, contrary; and resolution of the factual Order 12866, entitled Regulatory Executive Order 12875 requires EPA to issues in the manner sought by the Planning and Review (58 FR 51735, develop an effective process permitting requestor would be adequate to justify October 4, 1993). This final rule does elected officials and other the action requested (40 CFR 178.32). not contain any information collections representatives of State, local, and tribal Information submitted in connection subject to OMB approval under the governments ‘‘to provide meaningful with an objection or hearing request Paperwork Reduction Act (PRA), 44 and timely input in the development of

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28384 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations regulatory proposals containing required information to the U.S. Senate, ACTION: Final rule. significant unfunded mandates.’’ the U.S. House of Representatives and Today’s rule does not create an the Comptroller General of the United SUMMARY: This rule increases fees unfunded Federal mandate on State, States prior to publication of the rule in charged for processing tolerance local, or tribal governments. The rule the Federal Register. This rule is not a petitions for pesticides under the does not impose any enforceable duties ‘‘major rule’’ as defined by 5 U.S.C. Federal Food, Drug, and Cosmetic Act on these entities. Accordingly, the 804(2). (FFDCA). The change in fees reflects a requirements of section 1(a) of 3.68 percent cost of living and locality Executive Order 12875 do not apply to List of Subjects in 40 CFR Part 180 pay increase for civilian Federal General this rule. Environmental protection, Administrative practice and procedure, Schedule (GS) employees working in C. Executive Order 13084 Agricultural commodities, Pesticides the Washington, DC and Baltimore, MD Under Executive Order 13084, and pests, Reporting and recordkeeping metropolitan area in 1999. entitled Consultation and Coordination requirements. This rule does not, however, reflect with Indian Tribal Governments (63 FR Dated: May 12, 1999. the requirements in the Food Quality 27655, May 19, 1998), EPA may not Protection Act of 1996 (FQPA), which issue a regulation that is not required by James Jones, states that the Agency shall collect statute, that significantly or uniquely Director, Registration Division, Office of tolerance fees that, in the aggregate, will affects the communities of Indian tribal Pesticide Programs. cover all costs associated with governments, and that imposes Therefore, 40 CFR chapter I is processing tolerance actions. The amended as follows: substantial direct compliance costs on amendments to the tolerance fee those communities, unless the Federal PART 180Ð[AMENDED] schedule to meet the FQPA requirement government provides the funds will be addressed in a seperate necessary to pay the direct compliance 1. The authority citation for part 180 rulemaking, the proposal for which is costs incurred by the tribal continues to read as follows: expected shortly. governments. If the mandate is Authority: 21 U.S.C. 321(q), 346a and 371. unfunded, EPA must provide OMB, in EFFECTIVE DATE: June 25, 1999. a separately identified section of the 2. In §180.474, by alphabetically FOR FURTHER INFORMATION CONTACT: preamble to the rule, a description of adding the following commodity About this rule contact Ed Setren, the extent of EPA’s prior consultation ‘‘garlic’’ to the table in paragraph (b) to Resources Management Staff (7501C), with representatives of affected tribal read as follows: Office of Pesticide Programs, governments, a summary of the nature Environmental Protection Agency, 401 of their concerns, and a statement §180.474 Tebuconazole; tolerances for M St., S.W., Washington, DC 20460, residues. supporting the need to issue the telephone: (703) 305–5927, fax: (703) regulation. In addition, Executive Order * * * * 305–5060, e-mail: 13084 requires EPA to develop an * [email protected]. For further effective process permitting elected (b) * * * technical information about tolerance officials and other representatives of petitions and individual fees contact: Indian tribal governments ‘‘to provide Parts Expiration/ Sonya Brooks, Resources Management meaningful and timely input in the per Commodity mil- Revocation Staff (7501C), Office of Pesticide development of regulatory policies on Date lion Programs, Environmental Protection matters that significantly or uniquely affect their communities.’’ Agency, 401 M St., SW., Washington, Today’s rule does not significantly or ***** DC 20460, telephone: (703) 308–6423, uniquely affect the communities of Garlic ...... 0.1 6/30/00 fax: (703) 305–5060, e-mail: Indian tribal governments. This action [email protected]. ***** does not involve or impose any SUPPLEMENTARY INFORMATION: requirements that affect Indian tribes. Accordingly, the requirements of * * * * I. Does this rule apply to me? * section 3(b) of Executive Order 13084 This rule may directly affect any do not apply to this rule. [FR Doc. 99–12935 Filed 5–25–99; 8:45 am] person who might petition the Agency BILLING CODE 6560±50±F IX. Submission to Congress and the for new tolerances, hold a pesticide Comptroller General registration with existing tolerances, or The Congressional Review Act, 5 ENVIRONMENTAL PROTECTION anyone who is interested in obtaining or U.S.C. 801 et seq., as added by the Small AGENCY retaining a tolerance in the absence of Business Regulatory Enforcement a registration. This group can include Fairness Act of 1996, generally provides 40 CFR PART 180 pesticide manufacturers or formulators, that before a rule may take effect, the [OPP±30116; FRL±6056±6] companies that manufacture inert Agency promulgating the rule must ingredients, importers of food, grower submit a rule report, which includes a RIN 2070±AB78 groups, or any person who seeks a tolerance. The vast majority of copy of the rule, to each House of the Pesticide Tolerance Processing Fees Congress and the Comptroller General of potentially affected categories and the United States. EPA will submit a AGENCY: Environmental Protection entities may include, but are not limited report containing this rule and other Agency (EPA). to:

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Categories NAICS SIC Examples of Potentially Affected Entities

Chemical Industry ...... 325320 ...... 0286 ...... pesticide chemical manufacturers, ...... 115112 ...... 0287 ...... formulators, chemical manufacturers of inert ingredients

This listing is not intended to be III. What action is the Agency taking in labor market conditions by adjusting exhaustive, but rather provides a guide this rule? General Schedule salaries on the basis for readers regarding entities likely to be With this rule, the Agency is of a comparison with non-Federal rates regulated by this action. Other types of increasing the fees charged for on a geographic, locality basis. The entities not listed above could also be processing tolerance petitions for processing and review of tolerance regulated. If available, the four-digit pesticides under the Federal Food, petitions is conducted by EPA employees working in the Washington, Standard Industrial Classification (SIC) Drug, and Cosmetic Act (FFDCA). The DC/ Baltimore, MD pay area. codes or the six-digit North American pay raise in 1999 for Federal General Industrial Classification System The pay raise in 1999 for Federal Schedule employees working in the General Schedule employees working in (NAICS) codes have been provided to Washington, DC/Baltimore, MD assist you and others in determining the Washington, DC/Baltimore, MD metropolitan pay area is 3.68 percent. metropolitan pay area is 3.68 percent; whether or not this rule applies to This increase in the fees charged for certain entities. To determine whether therefore, the tolerance petition fees are processing tolerance petitions reflects being increased by 3.68 percent. The you or your business may be affected by this recent pay raise. this action, you should carefully entire revised fee schedule in § 180.33 is examine the applicability provisions in IV. Why is the Agency taking this presented for the reader’s convenience. the rule (see Unit IV). If you have any action? (All fees have been rounded to the nearest $25.00.) questions regarding the applicability of The EPA is charged with the this action to a particular entity, consult administration of section 408 of the V. Why is EPA issuing this action as a the technical person listed in the ‘‘FOR Federal Food, Drug, and Cosmetic Act Final Rule? FURTHER INFORMATION CONTACT’’ (FFDCA). Section 408 authorizes the EPA is publishing this action as a section. Agency to establish tolerance levels and final rule pursuant to 40 CFR 180.33(o), II. How can I get additional information exemptions from the requirements for which reads in part: or copies of this document or other tolerances for raw agricultural (o) This fee schedule will be changed documents? commodities. EPA is required to collect annually by the same percentage as the fees that will, in the aggregate, be percent change in the Federal General A. Electronically. sufficient to cover the costs of Schedule (GS) pay scale [...]. When automatic processing petitions, so that the adjustments are made based on the GS pay You may obtain electronic copies of scale, the new fee schedule will be published this document and various support tolerance program is as self-supporting in the Federal Register as a final rule to documents from the EPA Internet Home as possible. The fee increases identified become effective thirty days or more after Page at http://www.epa.gov/. On the by this rule do not reflect the publication, as specified in the rule. Home Page select ‘‘Laws and requirements of FFDCA section Regulations’’ and then look up the entry 408(m)(1) as amended by the Food for this document under the ‘‘Federal Quality Protection Act (FQPA) of 1996 VI. What regulatory assessments Register - Environmental Documents.’’ which states that the Agency shall requirements apply to this action? You can also go directly to the ‘‘Federal collect tolerance fees that, in the This action does not require review by Register’’ listings at http:// aggretate, will cover all costs associated the Office of Management and Budget www.epa.gov/homepage/fedrgstr/. with processing tolerance actions. (OMB) under Executive Order 12866, Modifications of the tolerance fee entitled Regulatory Planning and B. In person or by phone. schedule to meet the FQPA requirement Review (58 FR 51735, October 4, 1993), If you have any questions or need will be addressed by a proposed rule the Paperwork Reduction Act (PRA), 44 additional information about this action, now in development. U.S.C. 3501 et seq., or Executive Order you may contact the technical person The current fee schedule for tolerance 13045, entitled Protection of Children identified in the ‘‘FOR FURTHER petitions published in the Federal From Environmental Health Risks and INFORMATION CONTACT’’ section. In Register on May 27, 1998 (63 FR Safety (62 FR 19885, April 23, 1997). addition, the official record for this rule, 28909)(FRL–5775–4), codified at 40 CFR Nor does it require any action under including the public version, has been 180.33, and became effective on June 26, Title II of the Unfunded Mandates established under docket control 1998. At that time the fees were Reform Act of 1995 (UMRA)(Pub.L. 104- number [OPP–30116]. A public version increased 2.45 percent in accordance 4), Executive Order 12875, entitled of this record, including printed, paper with a provision in the regulation that Enhancing the Intergovernmental versions of any electronic comments, provides for automatic annual Partnership (58 FR 58093, October 28, which does not include any information adjustments to the fees based on annual 1993), Executive Order 13084, entitled claimed as CBI, is available for percentage changes in Federal salaries Consultation and Coordination with inspection in Rm. 119, Crystal Mall 2 (40 CFR 180.33(o)). Indian Tribal Governments (63 FR (CM #2), 1921 Jefferson Davis Highway, The Federal Employees Pay 27655, May 19,1998), or Executive Arlington, VA, from 8:30 a.m. to 4 p.m., Comparability Act of 1990 (FEPCA) Order 12898, entitled Federal Actions to Monday through Friday, excluding legal initiated locality-based comparability Address Environmental Justice in holidays. The Public Information and pay, known as ‘‘locality pay’’. The Minority Populations and Low-Income Records Integrity Branch telephone intent of the legislation is to make Populations (59 FR 7629, February 16, number is (703) 305–5805. Federal pay more responsive to local 1994). In addition, this action does not

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28386 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations involve any technical standards that (b) Each petition or request for the paragraphs (a) through (f) of this section, trigger the requirement in section 12(d) establishment of a tolerance at a lower without a charge for each commodity of the National Technology Transfer and numerical level or levels than a where that would otherwise apply. Advancement Act of 1995 (NTTAA), 15 tolerance already established for the (i) Objections under section 408(d)(5) U.S.C. 272 note) which directs EPA to same pesticide chemical, or for the of the Act shall be accompanied by a use voluntary consensus standards in its establishment of a tolerance on filing fee of $3,400. regulatory activities unless to do so additional raw agricultural commodities (j)(1) In the event of a referral of a would be inconsistent with applicable at the same numerical level as a petition or proposal under this section law or impractical. Since this action tolerance already established for the to an advisory committee, the costs shall does not require a proposal, no action is same pesticide chemical, shall be be borne by the person who requests the needed under the Regulatory Flexibility accompanied by a fee of $15,550 plus referral of the data to the advisory Act (RFA) (5 U.S.C. 601 et seq.). $1,025 for each raw agricultural committee. commodity for which a tolerance is (2) Costs of the advisory committee VII. Must EPA submit this action to requested. shall include compensation for experts Congress and the General Accounting (c) Each petition or request for an as provided in § 180.11(c) and the Office? exemption from the requirement of a expenses of the secretariat, including Yes. The Congressional Review Act, 5 tolerance or repeal of an exemption the costs of duplicating petitions and U.S.C. 801 et seq., as added by the Small shall be accompanied by a fee of other related material referred to the Business Regulatory Enforcement $12,550. committee. (3) An advance deposit shall be made Fairness Act of 1996, generally provides (d) Each petition or request for a in the amount of $33,950 to cover the that before a rule may take effect, the temporary tolerance or a temporary costs of the advisory committee. Further agency promulgating the rule must exemption from the requirement of a advance deposits of $33,950 each shall submit a rule report, which includes a tolerance shall be accompanied by a fee be made upon request of the copy of the rule, to each House of the of $27,175 except as provided in Administrator when necessary to Congress and to the Comptroller General paragraph (e) of this section. A petition prevent arrears in the payment of such of the United States. EPA will submit a or request to renew or extend such costs. Any deposits in excess of actual report containing this rule and other temporary tolerance or temporary expenses will be refunded to the required information to the U.S. Senate, exemption shall be accompanied by a depositor. the U.S. House of Representatives, and fee of $3,850. (e) A petition or request for a (k) The person who files a petition for the Comptroller General of the United temporary tolerance for a pesticide judicial review of an order under States prior to publication of this rule in chemical which has a tolerance for other section 408(d)(5) or (e) of the Act shall the Federal Register. This is not a uses at the same numerical level or a pay the costs of preparing the record on ‘‘major rule’’ as defined by 5 U.S.C. higher numerical level shall be which the order is based unless the 804(2). accompanied by a fee of $13,525 plus person has no financial interest in the List of Subjects in 40 CFR part 180 $1,025 for each raw agricultural petition for judicial review. commodity on which the temporary (l) No fee under this section will be Administrative practice and tolerance is sought. imposed on the Inter-Regional Research procedures, Agricultural commodities, (f) Each petition or request for repeal Project Number 4 (IR-4 Program). Pesticides and pests, Reporting and of a tolerance shall be accompanied by (m) The Administrator may waive or recordkeeping requirements a fee of $8,500. Such fee is not required refund part or all of any fee imposed by Dated: May 12, 1999. when, in connection with the change this section if the Administrator Susan H. Wayland, sought under this paragraph, a petition determines in his or her sole discretion or request is filed for the establishment that such a waiver or refund will Acting Assistant Administrator Office of promote the public interest or that Prevention, Pesticides and Toxic Substances. of new tolerances to take the place of those sought to be repealed and a fee is payment of the fee would work an Therefore, 40 CFR part 180 is paid as required by paragraph (a) of this unreasonable hardship on the person on amended as follows: section. whom the fee is imposed. A request for Part 180Ð[AMENDED] (g) If a petition or a request is not waiver or refund of a fee shall be accepted for processing because it is submitted in writing to the 1. The authority citation for Part 180 technically incomplete, the fee, less Environmental Protection Agency, continues to read as follows: $1,700 for handling and initial review, Office of Pesticide Programs, shall be returned. If a petition is Registration Division (7505C), Authority: 21 U.S.C. 321(q), 346(a) and 371. withdrawn by the petitioner after initial Washington, DC 20460. A fee of $1,700 processing, but before significant shall accompany every request for a 2. Section 180.33 is revised to read as Agency scientific review has begun, the waiver or refund, except that the fee follows: fee, less $1,700 for handling and initial under this sentence shall not be review, shall be returned. If an imposed on any person who has no § 180.33 Fees. unacceptable or withdrawn petition is financial interest in any action (a) Each petition or request for the resubmitted, it shall be accompanied by requested by such person under establishment of a new tolerance or a the fee that would be required if it were paragraphs (a) through (k) of this tolerance higher than already being submitted for the first time. section. The fee for requesting a waiver established, shall be accompanied by a (h) Each petition or request for a crop or refund shall be refunded if the fee of $68,025, plus $1,700 for each raw group tolerance, regardless of the request is granted. agricultural commodity in excess of number of raw agricultural commodities (n) All deposits and fees required by nine for which the establishment of a involved, shall be accompanied by a fee the regulations in this part shall be paid tolerance is requested, except as equal to the fee required by the by money order, bank draft, or certified provided in paragraphs (b), (d), and (h) analogous category for a single tolerance check drawn to the order of the of this section. that is not a crop group tolerance, i.e., Environmental Protection Agency. All

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28387 deposits and fees shall be forwarded to chemical properties of these two wastes I. Background the Environmental Protection Agency, differ significantly from the waste used A. What Is the Basis for LDR Treatment Headquarters Accounting Operations to establish the current LDR standard for Variances? Branch, Office of Pesticide Programs selenium (5.7 mg/L TCLP) and Chemical (Tolerance Fees), P.O. Box 360277M, Waste Management, Inc. (CWM) has Under section 3004(m) of the Pittsburgh, PA 15251. The payments adequately demonstrated that the two Resource Conservation and Recovery should be specifically labeled wastes cannot be treated to meet this Act (RCRA), EPA is required to set ‘‘Tolerance Petition Fees’’ and should be treatment standard. ‘‘levels or methods of treatment, if any, which substantially diminish the accompanied only by a copy of the letter CWM intends to stabilize the wastes toxicity of the waste or substantially or petition requesting the tolerance. The at their Kettleman City, California reduce the likelihood of migration of actual letter or petition, along with facility. Upon promulgation of this final hazardous constituents from the waste supporting data, shall be forwarded rule, CWM may treat these two specific so that short-term and long-term threats within 30 days of payment to the wastes to alternate treatment standards to human health and the environment Environmental Protection Agency, of 51 mg/L TCLP for the Owens- are minimized.’’ EPA interprets this Office of Pesticide Programs, Brockway waste and 25 mg/L TCLP for language to authorize treatment Registration Division, (7504C) the Ball-Foster waste. After treatment to standards based on the performance of Washington, DC 20460. A petition will these alternative selenium standards, not be accepted for processing until the best demonstrated available technology CWM may dispose of the treated wastes (BDAT). This interpretation was upheld required fees have been submitted. A in a RCRA Subtitle C landfill provided petition for which a waiver of fees has by the D.C. Circuit in Hazardous Waste they meet the applicable LDR treatment Treatment Council vs. EPA, 886 F. 2d been requested will not be accepted for standards for the other hazardous processing until the fee has been waived 355 (D.C. Cir. 1989). constituents in the wastes. We are The Agency recognizes that there may or, if the waiver has been denied, the granting this variance for three years. proper fee is submitted after notice of be wastes that cannot be treated to denial. A request for waiver or refund DATES: This final rule is effective on levels specified in the regulations (see will not be accepted after scientific May 11, 1999. 40 CFR 268.40) because an individual waste matrix or concentration can be review has begun on a petition. ADDRESSES: The official record for this (o) This fee schedule will be changed substantially more difficult to treat than rulemaking is identified by RCRA those wastes the Agency evaluated in annually by the same percentage as the Docket Number F–1999–CWMF–FFFFF percent change in the Federal General establishing the treatment standard (51 and is located at the RCRA Information FR 40576, November 7, 1986). For such Schedule (GS) pay scale. In addition, Center (RIC), located at Crystal Gateway processing costs and fees will wastes, EPA has a process by which a I, First Floor, 1235 Jefferson Davis generator or treater may seek a treatment periodically be reviewed and changes Highway, Arlington, VA. The RIC is will be made to the schedule as variance. See 40 CFR 268.44. If granted, open from 9 a.m. to 4 p.m., Monday the terms of the variance establish an necessary. When automatic adjustments through Friday, excluding federal are made based on the GS pay scale, the alternative treatment standard for the holidays. To review docket materials, it particular waste at issue. new fee schedule will be published in is recommended that the public make the Federal Register as a Final Rule to an appointment by calling (703) 603– B. What Is the Basis of the Current become effective 30 days or more after 9230. The public may copy a maximum Selenium Treatment Standard? publication, as specified in the rule. of 100 pages from any regulatory docket When changes are made based on In the Third rule (55 FR 22521, June at no charge. Additional copies cost 1, 1990), the Agency used performance periodic reviews, the changes will be $0.15/page. The index and some subject to public comment. data from the stabilization of a selenium supporting materials are available D010 mineral processing waste, which [FR Doc. 99–13191 Filed 5–25–99; 8:45 am] electronically. Follow these instructions we determined to be the most difficult BILLING CODE 6560±50±F to access the information electronically: to treat selenium waste, to set the WWW: http://www.epa.gov/epaoswer/ national treatment standard for # selenium. This waste contained up to ENVIRONMENTAL PROTECTION osw/hazwaste.htm ldr FTP: ftp.epa.gov 700 ppm total selenium and 3.74 mg/L AGENCY selenium in the TCLP leachate. The Login: anonymous 40 CFR Part 268 resulting post-treatment selenium TCLP Password: your Internet address levels were between 1.80 and 0.154 mg/ [FRL±6346±2] Files are located in /pub/epaoswer. L TCLP, which led to our establishment of a national treatment standard of 5.7 FOR FURTHER INFORMATION CONTACT: For Land Disposal Restrictions: Site- mg/L for D010 selenium general information, contact the RCRA Specific Treatment Variance to nonwastewaters. At that time, EPA also Hotline at 800 424–9346 or TDD 800 Chemical Waste Management, Inc. had information indicating that wastes 553–7672 (hearing impaired). In the containing high concentrations of AGENCY: Environmental Protection Washington, D.C., metropolitan area, selenium are rarely generated and land Agency. call 703 412–9810 or TDD 703 412– disposed and, therefore, concluded that ACTION: Final rule. 3323. For more detailed information on the standard of 5.7 mg/L was specific aspects of this rulemaking, SUMMARY: The United States achievable. Environmental Protection Agency (EPA contact Josh Lewis at (703) 308–7877 or In the Phase IV final rule, the Agency or Agency) is today granting a site- [email protected], or Elaine Eby at determined that a treatment standard of specific treatment variance from the (703) 308–8449 or [email protected], 5.7 mg/L TCLP continued to be Land Disposal Restrictions (LDR) Office of Solid Waste (5302 W), U.S. appropriate for D010 nonwastewaters treatment standards for two selenium- Environmental Protection Agency, 401 (63 FR 28556, May 26, 1998). The bearing hazardous wastes. EPA is M Street SW., Washington, D.C. 20460. Agency also changed the universal granting this variance because the SUPPLEMENTARY INFORMATION: treatment standard (UTS) for selenium

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28388 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations nonwastewaters from 0.16 mg/L to 5.7 treatment facility may apply to the wastes to LDR treatment standards and, mg/L. In the preamble to the Phase IV Administrator, or EPA’s delegated by raising the selenium treatment final rule, we noted that we received representative, for a site-specific standard, will avoid the difficulty posed comments from one company, CWM, variance from a treatment standard. by the different metal solubility curves. indicating that it was attempting to In 40 CFR 268.44(h)(1) and (2), EPA D. What Are the Terms and Conditions stabilize selenium wastes with describes the two main cases in which of the Variance? concentrations much higher than those we will grant a treatment variance. The EPA was examining to establish the case described in 40 CFR 268.44(h)(1) is This variance applies to two specific national selenium standard. In response, applicable to this treatment variance, waste streams: electrostatic precipitator we indicated that for these high-level which addresses process wastes that are dust generated during glass selenium waste streams, we would generated on a routine basis by two manufacturing operations at Owens propose a site-specific treatment glass manufacturing companies. Brockway Glass Container Company, variance, which we did on October 23, Basically, EPA must determine if the and dry scrubber solid from glass 1998 (63 FR 56886). petitioner has adequately shown that, manufacturing wastes at Ball-Foster ‘‘It is not physically possible to treat the Glass Container Corporation. II. Basis for Today’s Determination waste to the level specified in the In analyzing the Owens Brockway A. What Does the CWM Petition Assert? treatment standard . . . because the data, the most effective stabilization physical or the chemical properties of In their petition, CWM states that two recipe for this waste consists of 0.7 parts the waste differ significantly from the iron sulfate combined with 2.0 parts companies, Owens Brockway and Ball- waste analyzed in developing the cement, resulting in a reagent to waste Foster, generate hazardous wastes with treatment standard. . . .’’ ratio of 2.7 to 1. For each of the three relatively high leachable selenium C. What Is the Basis for EPA’s concentrations. CWM presents data Approval of CWM’s Request for an analytical trials submitted for the waste showing that selenium TCLP Alternative D010 Treatment Standard? stream, this specific recipe achieved concentrations in the untreated wastes After careful review of the data and 36.8, 34.08, and 43.7 mg/L selenium are one to three orders of magnitude petition submitted by CWM, we TCLP in the treated waste. The higher than the untreated mineral conclude that CWM has adequately treatment extract had a pH ranging from processing wastes that EPA used to demonstrated that the wastes satisfy the 10.5–11.9, which encompasses the develop the current D010 selenium requirements for a treatment variance maximum solubility (and, therefore, treatment standard. The data also show under 40 CFR 268.44(h)(1). leaching potential) of selenium. This, in that neither treated waste stream can CWM has demonstrated that the two turn, suggests that use of the TCLP in reliably meet the numerical standard of glass manufacturing waste streams differ this particular case adequately reflects a 5.7 mg/L TCLP, even though CWM significantly in chemical composition worst-case disposal scenario. (This is shows that it is using the treatment from the waste used to generate the unlike the situation in Columbia Falls technology on which EPA based the original treatment standard. Selenium Aluminum Co. v. EPA, 139 F.3d 914, in selenium treatment standard. TCLP concentrations in the untreated which the TCLP testing did not reflect Specifically, CWM’s testing data wastes are one to three orders of the post-treatment conditions). Using consisted of bench-scale stabilization magnitude higher than the waste used the BDAT methodology,1 we calculated treatment testing for selenium-bearing in developing the treatment standard for an alternative D010 standard of 51 mg/ wastes generated by Owens Brockway D010 hazardous wastes. Furthermore, L TCLP. and Ball-Foster. Three samples of the CWM is using stabilization as the For Ball-Foster’s waste, the most Owens Brockway waste and one sample treatment technology, which is effective treatment recipes have reagent of the Ball Foster waste were tested to consistent with EPA’s determination of to waste ratios of 1.8, 2.2, 2.3, 2.4, and determine appropriate stabilization BDAT, and the process is well-designed 2.7. Selenium concentrations in the recipes. Selenium concentrations in the and operated. treated wastes were 11.6, 7.47, 8.22, untreated Owens Brockway wastes were Treatment of these two wastes is 15.6, and 4.82 mg/L TCLP. The between 465 and 1024 mg/L TCLP, especially difficult because of the treatment extract pH ranged from 11.9– while the selenium concentration in the presence of other metals (i.e., arsenic, 12.0, which again suggests that use of Ball-Foster waste was 59.8 mg/L TCLP. cadmium, chromium, and lead) above the TCLP adequately reflects the worst CWM submitted stabilization data from their respective characteristic levels. It case disposal scenario. These treatment each facility using combinations of the is difficult, if not impossible, to recipes are all consistent with the following stabilization reagents: ferrous optimize treatment for selenium when reagent to waste ratios used to establish sulfate, calcium polysulfide, ferric other metals are being treated because the existing standard of 5.7 mg/L TCLP. chloride, sodium bisulfate, portland the selenium solubility curve differs Using these five data points, we cement, and cement kiln dust. For more from that of most other metals. calculated an alternative treatment D010 detailed information about this petition, Selenium’s minimum solubility is at a standard of 25 mg/L TCLP. see the proposed rule (63 FR 56886, neutral to mildly acidic pH (6.5–7.5) After treatment to these alternative October 23, 1998) and the docket while other characteristic metals have a selenium standards, CWM may dispose supporting this proposal (docket minimum solubility in the alkaline pH of the treated wastes in a RCRA Subtitle number F–98–CWMP–FFFFF). range (8–12) (see 62 FR 26045). C landfill—since the waste still exhibits Therefore, EPA is today granting a the toxicity characteristic—provided B. What Criteria Govern a Treatment site-specific variance from the D010 Variance? they meet all other applicable LDR treatment standards for the two waste treatment standards. We are granting Under 40 CFR 268.44(h), EPA allows streams in question since the wastes this variance for three years for reasons facilities to apply for a site-specific cannot be physically treated to the level discussed in Section IV below. variance when a waste generated under specified in the regulations. Today’s conditions specific to only one site alternative treatment standards will 1 BDAT Background Document for Quality cannot be treated to the specified provide sufficient latitude for CWM to Assurance/Quality Control Procedures and level(s). In such cases, the generator or treat the other metals present in the Methodology, October 23, 1991.

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Although the alternative selenium treatability study had selenium U.S.2 Further, the market for selenium standards for these two wastes are concentrations of 2900 mg/L TCLP appears to be declining, selenium prices relatively high, this is a technically and 15,200 mg/L TCLP, respectively. are low, and a surplus foreign secondary necessary compromise. As noted above The untreated wastes analyzed at the capacity of selenium exists.3 All of these and in the May 12, 1997 Federal time of the proposed variance had factors suggest that development of an Register (62 FR 26045), treatment concentrations of 60–1000 mg/L environmentally protective secondary cannot be optimized for both acid and TCLP. selenium recovery system in the U.S. is base-soluble metals due to their (2) The commenter’s reagent achieved not reasonably to be expected in the different solubility curves. Because all treatment levels similar to those we near future. That leaves stabilization as of the other toxic metals (i.e., arsenic, proposed, but with reagent to waste the best available treatment technology. cadmium, chromium, and lead) are ratios of only 0.15–0.2 to 1. By Over the next three years, EPA will being immobilized to meet their comparison, the reagent to waste determine whether this is still the case, respective universal treatment ratios used in the proposed rule were and also whether new technologies (e.g., standards, we consider, under the as high as 2.7 to 1. more effective stabilization reagents) circumstances, that threats are being Based on our review of the treatability have become available to treat these minimized if the alternative selenium study, we conclude that the wastes used wastes to the national treatment level of treatment standards are met, as required in the treatability study represent the 5.7 mg/L TCLP. CWM should expect to by 3004(m). most difficult to treat Ball-Foster and update us annually on the alternative Not only are all of the other toxic Owens Brockway wastes, and that the treatment technologies it is metals meeting their respective UTS investigating, and to submit any proposed alternative treatment standards, but the alternative selenium analytical data from studies using these standards are still appropriate for these treatment standards essentially require alternative technologies. We will ask two waste streams. CWM also has CWM to use a well-designed and well- that CWM’s submission also include indicated that the high concentration operated treatment system that is information showing which selenium wastes from the treatability consistent, particularly in terms of the stabilization recipe it is using to meet study are not strictly one-time generated selection of reagents and reagent to the alternative treatment standards, the wastes, but rather are representative of waste ratios, with the technical basis for selenium concentrations in untreated the wastes that the two facilities the current selenium treatment wastes, and the analytical results from generate from time to time. Therefore, standard. these treated wastes. The Agency we are finalizing the alternative intends to use this information to III. Response to Comments treatment standards for the two waste determine if today’s alternative The Agency received one comment on streams as proposed. Both CWM and the treatment standards (or some other the proposed rule from a waste commenter support our decision to levels) are appropriate as a more treatment company that treats metal- finalize this variance at this time. permanent standard. Timely submittal bearing hazardous wastes, including We note that, since this rule is of this information will allow us to wastes contaminated with selenium. approving a variance from a numerical begin any necessary rulemaking process The commenter claims to have a reagent treatment standard, CWM may use any as early as possible. capable of stabilizing the wastes in reagent it chooses in meeting the At the end of the three-year period, question so that less selenium will leach alternative numerical standard. today’s alternative treatment standards out of the treated waste. The commenter Finalization of this rule does not expire. Thus, if CWM has not found a submitted data showing that its reagent preclude CWM from using the new treatment technology to treat the is successful in stabilizing wastes commenter’s reagent in stabilizing the two wastes to the national treatment containing a variety of heavy metals, two waste streams, which may be level for D010 selenium wastes or if the including selenium. needed for any batches of higher Agency has not adopted more The commenter asked to perform a selenium concentrations. The Agency permanent alternative treatment treatability study on the two wastes to notes that, to avoid questions of standards for these two wastes, then verify whether a variance is necessary, impermissible dilution, CWM will need CWM will have to submit a new petition and to determine whether a numerical to keep the reagent to waste ratios to the Agency for a continuation of the treatment standard closer to the current within acceptable bounds. No specific current treatment variance, or a new regulatory level of 5.7 mg/L TCLP ratios are being established in today’s treatment variance if a different would be achievable. rule because the Agency does not alternative treatment standard is We agreed that the commenter should typically circumscribe a treater’s warranted. conduct a treatability study. From flexibility in this manner. However, the December 1998 to February 1999, the Agency recommends that CWM use a V. Administrative Requirements commenter treated both of the glass reagent to waste ratio of 2.7 to 1 as a A. Executive Order 12866 manufacturing waste streams using its benchmark. This is the ratio used by the reagent. The commenter achieved Under Executive Order 12866 (58 FR Agency in establishing today’s 51735, October 4, 1993), the Agency selenium TCLP results ranging from alternative treatment standard. must determine whether a regulatory 25.0–57.7 mg/L. These results are action is ‘‘significant’’ and therefore comparable to the alternative treatment IV. Reasons for the 3-Year Limitation subject to OMB review and the standards in the proposed variance. Because selenium is a non-renewable requirements of the Executive Order. However, we observe two significant resource, and because the wastes in The Order defines ‘‘significant points in the treatability study data: question contain high selenium regulatory action’’ as one that is likely concentrations, one potential avenue is (1) The commenter treated wastes that to result in a rule that may: (1) have an that the selenium component could be had significantly higher selenium annual effect on the economy of $100 concentrations than the wastes recycled in an environmentally sound described in the proposed variance. manner instead of being stabilized and 2 ‘‘Recycling-Metals.’’ U.S. Geological Survey— The untreated Ball-Foster and Owens landfilled. No secondary selenium Minerals Information—1997. Brockway samples used in the recovery capacity currently exists in the 3 Id.

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28390 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations million or more or adversely affect in a C. Executive Order 13045 of section 3(b) of Executive Order 13084 material way the economy, a sector of do not apply to this rule. the economy, productivity, competition, ‘‘Protection of Children from E. Executive Order 12898 jobs, the environment, public health or Environmental Health Risks and Safety safety, or State, local, or tribal Risks’’ (62 FR 19885, April 23, 1997) EPA is committed to addressing governments or communities; (2) create applies to any rule that: (1) is environmental justice concerns and is a serious inconsistency or otherwise determined to be ‘‘economically assuming a leadership role in interfere with an action taken or significant’’ as defined under E.O. environmental justice initiatives to planned by another agency; (3) 12866, and (2) concerns an enhance environmental quality for all materially alter the budgetary impact of environmental health or safety risk that residents of the United States. The entitlements, grants, user fees, or loan EPA has reason to believe may have a Agency’s goals are to ensure that no programs or the rights and obligations of disproportionate effect on children. If segment of the population, regardless of recipients thereof; or (4) raise novel the regulatory action meets both criteria, race, color, national origin, or income legal or policy issues arising out of legal the Agency must evaluate the bears disproportionately high and mandates, the President’s priorities, or environmental health or safety effects of adverse human health and the principles set forth in the Executive the planned rule on children, and environmental impacts as a result of Order. explain why the planned regulation is EPA’s policies, programs, and activities, preferable to other potentially effective and that all people live in clean and Because this rule does not create any and reasonably feasible alternatives sustainable communities. In response to new regulatory requirements, it is not a considered by the Agency. Executive Order 12898 and to concerns ‘‘significant regulatory action’’ under voiced by many groups outside the the terms of Executive Order 12866 and Today’s final rule is not subject to Agency, EPA’s Office of Solid Waste is therefore not subject to OMB review. E.O. 13045 because it does not meet and Emergency Response formed an Also, because this variance only either of these criteria. The wastes described in this treatment variance will Environmental Justice Task Force to changes the treatment standards analyze the array of environmental applicable to two D010 waste streams at be treated by Chemical Waste Management, Inc., and then disposed of justice issues specific to waste programs the Chemical Waste Management, Inc. and to develop an overall strategy to facility in Kettleman City, California, in a RCRA Subtitle C landfill, ensuring that there will be no risks that may identify and address these issues and does not change in any way the (OSWER Directive No. 9200.3–17). disproportionately affect children. paperwork requirements already Today’s variance applies to two D010 applicable to these wastes, it does not D. Executive Order 13084 waste streams that will be treated by affect requirements under the Chemical Waste Management, Inc. at Paperwork Reduction Act. Under Executive Order 13084, EPA their Kettleman City, California facility may not issue a regulation that is not B. Executive Order 12875 and disposed of in a RCRA Subtitle C required by statute, that significantly or landfill, ensuring protection to human Under Executive Order 12875, EPA uniquely affects the communities of health and the environment. Therefore, may not issue a regulation that is not Indian tribal governments, and that the Agency does not believe that today’s required by statute and that creates a imposes substantial direct compliance rule will result in any mandate upon a State, local or tribal costs on those communities, unless the disproportionately negative impacts on government, unless the Federal Federal government provides the funds minority or low-income communities government provides the funds necessary to pay the direct compliance relative to affluent or non-minority necessary to pay the direct compliance costs incurred by the tribal communities. costs incurred by those governments, or governments, or EPA consults with EPA consults with those governments. If those governments. If EPA complies by F. Unfunded Mandates Reform Act EPA complies by consulting, Executive consulting, Executive Order 13084 Title II of the Unfunded Mandates Order 12875 requires EPA to provide to requires EPA to provide to the Office of Reform Act of 1995 (UMRA), Public the Office of Management and Budget a Management and Budget, in a separately Law 104–4, establishes requirements for description of the extent of EPA’s prior identified section of the preamble to the Federal agencies to assess the effects of consultation with representatives of rule, a description of the extent of EPA’s their regulatory actions on State, local, affected State, local and tribal prior consultation with representatives and tribal governments and the private governments, the nature of their of affected tribal governments, a sector. Under section 202 of the UMRA, concerns, any written communications summary of the nature of their concerns, EPA generally must prepare a written from the governments, and a statement and a statement supporting the need to statement, including a cost-benefit supporting the need to issue the issue the regulation. In addition, analysis, for proposed and final rules regulation. In addition, Executive Order Executive Order 13084 requires EPA to with ‘‘Federal mandates’’ that may 12875 requires EPA to develop an develop an effective process permitting result in expenditures to State, local, effective process permitting elected elected officials and other and tribal governments, in the aggregate, officials and other representatives of representatives of Indian tribal or to the private sector, of $100 million State, local and tribal governments ‘‘to governments ‘‘to provide meaningful or more in any one year. Before provide meaningful and timely input in and timely input in the development of promulgating an EPA rule for which a the development of regulatory proposals regulatory policies on matters that written statement is needed, section 205 containing significant unfunded significantly or uniquely affect their of the UMRA generally requires EPA to mandates. Today’s rule does not create communities.’’ Today’s final rule does identify and consider a reasonable a mandate on state, local, or tribal not significantly or uniquely affect the number of regulatory alternatives and governments. The rule does not impose communities of Indian tribal adopt the least costly, most cost- any enforceable duties on these entities. governments. This rule issues a variance effective or least burdensome alternative Accordingly, the requirements of from the LDR treatment standards for that achieves the objectives of the rule. section 1(a) of Executive Order 12875 do two specific characteristic selenium The provisions of section 205 do not not apply to this rule. wastes. Accordingly, the requirements apply when they are inconsistent with

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Before EPA establishes entities (i.e., small businesses, small Congress and to the Comptroller General any regulatory requirements that may organizations, and small governmental of the United States. Section 804 significantly or uniquely affect small jurisdictions). However, no regulatory exempts from section 801 the following governments, including tribal flexibility analysis is required if the types of rules (1) rules of particular governments, it must have developed head of an agency certifies the rule will applicability; (2) rules relating to agency under section 203 of the UMRA a small not have a significant economic impact management or personnel; and (3) rules government agency plan. The plan must on a substantial number of small of agency organization, procedure, or provide for notifying potentially entities. practice that do not substantially affect affected small governments, enabling This treatment variance does not the rights or obligations of non-agency officials of affected small governments create any new regulatory requirements. parties. 5 U.S.C. 804(3). EPA is not to have meaningful and timely input in Rather, it establishes alternative required to submit a rule report the development of EPA regulatory treatment standards for two specific regarding today’s action under section proposals with significant Federal wastes that replace standards already in 801 because this is a rule of particular intergovernmental mandates, and effect, and it only applies to the CWM applicability, applying only to a informing, educating, and advising facility in Kettleman City, California. particular waste at one facility under small governments on compliance with Therefore, I hereby certify that this rule particular (and, as noted, exceptional) the regulatory requirements. will not have a significant economic circumstances. impact on a substantial number of small Today’s rule contains no Federal List of Subjects in 40 CFR Part 268 mandates (under the regulatory entities. This rule, therefore, does not provisions of Title II of the UMRA) for require a regulatory flexibility analysis. Environmental protection, Hazardous State, local, or tribal governments or the H. National Technology Transfer and waste, Reporting and recordkeeping private sector, and it does not impose Advancement Act of 1995 requirements. any Federal mandate on State, local, or As noted in the proposed rule, section Dated: May 11, 1999. tribal governments or the private sector 12(d) of the National Technology James R. Berlow, within the meaning of the Unfunded Transfer and Advancement Act of 1995 Acting Director, Office of Solid Waste. Mandates Reform Act of 1995. This rule (‘‘NTTAA’’), Public Law 104–113, For the reasons set out in the also does not create new regulatory section 12(d) (15 U.S.C. 272 note) requirements; rather, it merely preamble, title 40, chapter I of the Code directs EPA to use voluntary consensus of Federal Regulations is amended as establishes alternative treatment standards in its regulatory activities follows: standards for specific wastes that unless to do so would be inconsistent replace standards already in effect. EPA with applicable law or otherwise PART 268ÐLAND DISPOSAL has determined that this rule does not impractical. Voluntary consensus RESTRICTIONS contain a Federal mandate that may standards are technical standards (e.g., result in expenditures of $100 million or materials specifications, test methods, 1. The authority citation for part 268 more for State, local, and tribal sampling procedures, and business continues to read as follows: governments, in the aggregate, or the practices) that are developed or adopted private sector in any one year. Thus, Authority: 42 U.S.C. 6905, 6912(a), 6921, by voluntary consensus standards and 6924. today’s rule is not subject to the bodies. The NTTAA directs EPA to requirements of sections 202 and 205 of provide Congress, through OMB, 2. Section 268.44 is amended by the UMRA. For the same reasons, EPA explanations when the Agency decides adding two entries in alphabetical order has determined that this rule contains not to use available and applicable and three footnotes to ‘‘TABLE— no regulatory requirements that might voluntary consensus standards. This WASTES EXCLUDED FROM THE significantly or uniquely affect small action does not involve technical TREATMENT STANDARDS UNDER governments. standards. Therefore, EPA did not § 268.40’’ in paragraph (o) to read as G. Regulatory Flexibility Act consider the use of any voluntary follows: consensus standards. Pursuant to the Regulatory Flexibility § 268.44 Variance from a treatment Act (5 U.S.C. 601 et seq., as amended by I. Congressional Review Act standard. the Small Business Regulatory The Congressional Review Act, 5 * * * * * Enforcement Fairness Act (SBREFA) of U.S.C. 801 et seq., as added by the Small (o) * * *

WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40

Wastewaters Nonwastewaters Waste Regulated haz- Facility name 1 and address See also ardous con- Concentra- Concentra- code stituent tion (mg/L Notes tion (mg/L Notes TCLP) TCLP)

Ball-Foster Glass Container Cor- D010 Table CCWE in Selenium ...... NA NA 25 NA poration, El Monte, CA (6),(7). 268.40.

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WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40ÐContinued

Wastewaters Nonwastewaters Waste Regulated haz- Facility name 1 and address See also ardous con- Concentra- Concentra- code stituent tion (mg/L Notes tion (mg/L Notes TCLP) TCLP)

******* Owens Brockway Glass Container D010 Table CCWE in Selenium ...... NA NA 51 NA Company, Vernon, CA (5),(7). 268.40. (1) A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7. ******* (5) Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes. (6) Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations. (7) D010 wastes generated by these two facilities are subject to the following conditions: (a) the wastes must be treated by Chemical Waste Management, Inc. at their Kettleman Hills facility in Kettleman City, California; and (b) this treatment variance will be valid until May 11, 2002. NOTE: NA means Not Applicable.

[FR Doc. 99–12945 Filed 5–25–99; 8:45 am] Fairfax Drive, Mail Stop 452, Arlington, administrative in nature, the Service has BILLING CODE 6560±50±P Virginia 22203 (703/358–2171). omitted the notice and public comment SUPPLEMENTARY INFORMATION: The Act is procedures of 5 U.S.C. 553(b) for this administered jointly by the Service and action. DEPARTMENT OF THE INTERIOR NMFS. In accordance with a National Environmental Policy Act Memorandum of Understanding Fish and Wildlife Service between the Service and NMFS The Service has determined that an regarding jurisdictional responsibilities Environmental Assessment, as defined 50 CFR Part 17 and listing procedures under the Act under the authority of the National signed on August 28, 1974, the agencies Environmental Policy Act of 1969, need RIN 1018±AF62 agreed that NMFS would assume not be prepared in connection with jurisdiction for the Johnson’s seagrass. regulations adopted pursuant to section Endangered and Threatened Wildlife Under section 4(a)(2) of the Act, NMFS 4(a) of the Act. A notice outlining the and Plants; Threatened Status for must decide whether a species under its Service’s reasons for this determination Johnson's Seagrass jurisdiction should be classified as was published in the Federal Register AGENCY: Fish and Wildlife Service, endangered or threatened. The Service on October 25, 1983 (48 FR 49244). is responsible for the actual amendment Interior. List of Subjects in 50 CFR Part 17 of the List in 50 CFR 17.12(h). ACTION: Final rule. NMFS published a proposed rule to Endangered and threatened species, SUMMARY: The Fish and Wildlife Service list Johnson’s seagrass as a threatened Export, Import, Reporting and (Service) is adding Johnson’s seagrass species on September 15, 1993 (58 FR recordkeeping requirements, (Halophila johnsonii) to the List of 48326). In the proposed rule, NMFS Transportation. solicited comments from peer reviewers, Endangered and Threatened Plants Regulation Promulgation (List) as a threatened species in the public, and all other interested accordance with the Endangered parties. NMFS held a public hearing on PART 17Ð[AMENDED] Species Act of 1973, as amended (Act). the proposed listing in Vero Beach, Florida, on September 20, 1994. NMFS This amendment to the List is based on Accordingly, the Service amends part reopened the comment period for the a determination by the National Marine 17, subchapter B of chapter I, title 50 of proposed listing on April 20, 1998 (63 Fisheries Service (NMFS), National the Code of Federal Regulations, as set FR 19468). forth below: Oceanic and Atmospheric On September 14, 1998, NMFS Administration, Department of 1. The authority citation for part 17 published a final rule to list Johnson’s continues to read as follows: Commerce, which has jurisdiction for seagrass as threatened (63 FR 49035). In this species, published on September the final rule, NMFS addressed the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 14, 1998, in the Federal Register (63 FR comments received in response to the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. 49035). proposed rule. Because NMFS provided DATES: The effective date of this action public comment periods on the 2. The Service amends section is May 26, 1999. proposed rule, and because this action 17.12(h) by adding the following, in FOR FURTHER INFORMATION CONTACT: of the Service to amend the List in alphabetical order under FLOWERING Chief, Division of Endangered Species, accordance with the determination by PLANTS, to the List of Endangered and U.S. Fish and Wildlife Service, 4401 N. NMFS is nondiscretionary and Threatened Plants:

Species Historic range Family name Status When listed Critical habi- Special Scientific name Common name tat rules

FLOWERING PLANTS

******* Halophila johnsonii .. Johnson's seagrass U.S.A. (FL) ...... Hydrocharitaceae ... T 663 NA NA

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Species Historic range Family name Status When listed Critical habi- Special Scientific name Common name tat rules

*******

Dated: May 17, 1999. feet (ft)) to 1,100 m (3,500 ft) elevation population currently consists of three Jamie Rappaport Clark, in northeast Oregon. The plant is small sites located in or near the town Director, Fish and Wildlife Service. currently known from 11 sites (5 of Haines. Since the publication of the [FR Doc. 99–13251 Filed 5–25–99; 8:45 am] populations) ranging in size from 0.01 proposed rule, an additional site in BILLING CODE 4310±55±P hectares (ha) (0.03 acres (ac)) to 16.8 ha Haines was identified (B. Russell, (41.4 ac) in the Baker-Powder River consultant, in litt. 1998) and one valley in Baker and Union counties. The previously known site in Haines was DEPARTMENT OF THE INTERIOR total occupied habitat for this species is apparently extirpated by development approximately 40 ha (100 ac). Plants at (P. Brooks, Forest Service, in litt. 1998). Fish and Wildlife Service the type locality in Malheur County A 0.7 ha (1.8 ac) site west of Baker is have not been relocated since 1927 and within a 8 ha (20 ac) pasture adjacent to 50 CFR Part 17 are considered to be extirpated (Kagan a road. Another site north of Baker (0.03 RIN 1018±AE52 1986). The entire extant range of this ha (0.08 ac)) exists in a small remnant taxon lies within a 21 kilometer (km) of meadow habitat surrounded by Endangered and Threatened Wildlife (13 mile (mi)) radius of Haines, Oregon. farmland. One site approximately 8 km and Plants; Threatened Status for the Due to its relatively low elevation and (5 mi) north of North Powder is located Plant Thelypodium howellii ssp. rich soils, agriculture is the primary on private land at Clover Creek (Kagan spectabilis (Howell's spectacular land use in the Baker-Powder River 1986, Oregon Natural Heritage Program thelypody) Valley region, which contains the 11 (ONHP) 1998). extant T. howellii ssp. spectabilis sites. Thelypodium howellii var. spectabilis AGENCY: Fish and Wildlife Service, The region is bordered on the west by was first described by Peck in 1932 Interior. the Elkhorn Mountains and on the east (Peck 1932) from a specimen collected ACTION: Final rule. by the Wallowa Mountains (Kagan in 1927 near Ironside, Oregon (Malheur SUMMARY: We, the U.S. Fish and 1986). Annual precipitation for the County). In 1973, Al-Shehbaz revised Wildlife Service (Service) determine Baker Valley averages 27 centimeters the genus and elevated the variety to threatened status pursuant to the (cm) (10.6 inches (in)), most falling as subspecies status (Al-Shehbaz 1973). Endangered Species Act of 1973, as snow in winter. Weather patterns follow This taxon has larger petals than T. amended (Act), for Thelypodium the interior continental weather systems howellii ssp. howellii, and the paired with little maritime influence. Winters filaments are not united (Al-Shehbaz howellii ssp. spectabilis (Howell’s are cold, and summers are warm and 1973, Kagan 1986, Antell 1990). In spectacular thelypody). Thelypodium dry (Larkin and Salzer 1992). addition, although both taxa occur in howellii ssp. spectabilis is known from Thelypodium howellii ssp. spectabilis eastern Oregon, their habitats do not 11 sites in Baker and Union counties, grows to approximately 60 cm (2 ft) tall, overlap (Kagan 1986). For purposes of Oregon. This taxon is threatened by a with branches arising from near the base this final rule, T. howellii ssp. variety of factors including habitat of the stem. The basal leaves are spectabilis is recognized as a subspecies destruction and fragmentation from approximately 5 cm (2 in) long with because of the taxonomic distinction agricultural and urban development, wavy edges and are arranged in a made in 1973 (Al-Shehbaz 1973), grazing by domestic livestock, rosette. Stem leaves are shorter, narrow, although the plant was treated as a competition from non-native vegetation, and have smooth edges. Flowers appear variety in the candidate assessment and alterations of wetland hydrology. in loose spikes at the ends of the stems. process (see ‘‘Previous Federal Action’’ This rule implements the Federal Flowers have four purple petals section). protection and recovery provisions approximately 1.9 cm (0.75 in) in Thelypodium howellii ssp. spectabilis afforded by the Act for the plant. length, each of which is borne on a short occurs in wet alkaline meadows in EFFECTIVE DATE: June 25, 1999. (0.6 cm (0.25 in)) stalk. Fruits are long, valley bottoms, usually in and around ADDRESSES: The complete file for this slender pods (Greenleaf 1980, Kagan woody shrubs that dominate the habitat rule is available for public inspection, 1986). on the knolls and along the edge of the by appointment, during normal business This taxon was thought to be extinct wet meadow habitat between the knolls. hours at the U.S. Fish and Wildlife until rediscovered by Kagan in 1980 Associated species include Sarcobatus Service, Snake River Basin Office, 1387 near North Powder (Kagan 1986). The vermiculatus (greasewood), Distichlis S. Vinnell Way, Room 368, Boise, Idaho 11 recently discovered sites containing stricta (alkali saltgrass), Elymus cinereus 83709. T. howellii ssp. spectabilis are located (giant wild rye), Spartina gracilis (alkali FOR FURTHER INFORMATION CONTACT: near the communities of North Powder, cordgrass), and Poa juncifolia (alkali Robert Ruesink, Field Supervisor (see Haines, and Baker. The North Powder T. bluegrass) (Kagan 1986). Soils are ADDRESSES section) (telephone 208/378– howellii ssp. spectabilis population pluvial-deposited alkaline clays mixed 5243; facsimile 208/378–5262). contains five sites; the largest is subject with recent alluvial silts, and are SUPPLEMENTARY INFORMATION: to a conservation easement (16.8 ha moderately well-drained (Kagan 1986). (41.4 ac)). Until recently, one site near Thelypodium howellii ssp. spectabilis Background the town of North Powder, less than 0.8 may be dependent on periodic flooding Thelypodium howellii ssp. spectabilis ha (2.3 ac) in size, had a plant since it appears to rapidly colonize is a herbaceous biennial that occurs in protection agreement between the areas adjacent to streams that have moist, alkaline meadow habitats at landowner and The Nature flooded (Kagan 1986). In addition, this approximately 1,000 meters (m) (3,000 Conservancy. The Haines plant taxon does not compete well with

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28394 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations encroaching weedy vegetation such as Section 4(b)(3)(B) of the Act requires Summary of Comments and Dipsacus sylvestris (teasel) (Davis and the Secretary to make findings on Recommendations Youtie 1995). pending petitions that present In the January 13, 1998, proposed rule Previous Federal Action substantial information indicating the (63 FR 1948) and associated petitioned action may be warranted notifications, all interested parties were Federal government actions for the within 12 months of their receipt. plant began as a result of section 12 of requested to submit factual reports or Section 2(b)(1) of the 1982 amendments the Endangered Species Act of 1973, information that might contribute to the further requires that all petitions (Act) as amended (16 U.S.C. 1531 et development of a final rule. The seq.), which directed the Secretary of pending on October 13, 1982, be treated comment period was approximately the Smithsonian Institution to prepare a as having been newly submitted on that three months long and closed on April report on those plants considered to be date. This was the case for Thelypodium 20, 1998. Appropriate State agencies, endangered, threatened, or extinct in the howellii var. spectabilis, because the County governments, Federal agencies, United States. This report, designated as 1975 Smithsonian report had been scientific organizations, and other House Document No. 94–51, was accepted as a petition. On October 13, interested parties were contacted and presented to Congress on January 9, 1983, we found that the petitioned requested to comment. A request for a 1975, and included Thelypodium listing of the species was warranted, but public hearing was received from Rod howellii var. spectabilis as a threatened precluded by other pending listing Dowse of the Oregon Cattlemen’s species. We published a notice in the actions, in accordance with section Association. On March 5, 1998, we July 1, 1975, Federal Register (40 FR 4(b)(3)(B)(iii) of the Act; notification of published a notice in the Federal 27823) of our acceptance of the this finding was published on January Register (63 FR 10817) announcing the Smithsonian Institution report as a 20, 1984 (49 FR 2485). Such a finding public hearing and the extension of the public comment period until April 20, petition within the context of section requires us to consider the petition as 1998. A notice announcing the public 4(c)(2) (petition provisions are now having been resubmitted, pursuant to hearing and proposal was published in found in section 4(b)(3) of the Act) and section 4(b)(3)(C)(I) of the Act. The our intention thereby to review the the Baker City Herald on February 24, finding was reviewed annually in 1998. We conducted a public hearing on status of the plant taxa named therein. October of 1983 through 1996. The July 1, 1975, notice included the April 9, 1998, at the Geiser Grand Hotel above taxon. On June 16, 1976, we On January 13, 1998 (63 FR 1948), we in Baker City, Oregon. Testimony was published a proposal (41 FR 24523) to published a proposal to list taken from 6 p.m. to 8 p.m. Four parties determine approximately 1,700 vascular Thelypodium howellii ssp. spectabilis as provided testimony. plant species to be endangered species a threatened species. We now determine During the public comment period, pursuant to section 4 of the Act. The list T. howellii ssp. spectabilis to be a we received written and oral comments of 1,700 plant taxa was assembled on threatened species with the publication from ten parties. Four commenters the basis of comments and data received of this final rule. expressed support for the listing proposal, three commenters opposed the by the Smithsonian Institution and the The processing of this final rule Service in response to House Document proposal, and three were neutral. conforms with our Listing Priority No. 94–51 and the July 1, 1975, Federal Written comments and oral statements Guidance published in the Federal Register publication. Thelypodium obtained during the public hearing and howellii var. spectabilis was not Register on May 8, 1998 (63 FR 25502). comment period are combined in the included in the June 16, 1976, Federal The guidance clarifies the order in following discussion. Opposing Register document. which we will process rulemakings. comments and other comments We published an updated notice of Highest priority is processing questioning the rule were organized into review for plants on December 15, 1980 emergency listing rules for any species specific issues. These issues and our (45 FR 82480). This notice included determined to face a significant and response to each are summarized as Thelypodium howellii var. spectabilis as imminent risk to its well being (Tier 1). follows: a category 1 candidate. Category 1 Second priority (Tier 2) is processing Issue 1: The Service should conduct candidates were those for which the final determinations on proposed additional surveys for Thelypodium Service had sufficient information on additions to the lists of endangered and howellii ssp. spectabilis in Baker, biological vulnerability and threats to threatened wildlife and plants; the Union, and Malheur counties to clarify support proposals to list them as processing of new proposals to add its distribution and abundance. A few endangered or threatened species. This species to the lists; the processing of commenters believed that T. howellii designation for T. howellii var. administrative petition findings to add ssp. spectabilis may be more spectabilis was retained in the species to the lists, delist species, or widespread, and that further surveys November 28, 1983, supplement to the reclassify listed species (petitions filed were needed before listing. Notice of Review (48 FR 53640), as well under section 4 of the Act); and a Service response: We used as subsequent revisions on September information provided by the Oregon limited number of delisting and 27, 1985 (50 FR 39526), February 21, Natural Heritage Program and other reclassifying actions. Processing of 1990 (55 FR 6184), and September 30, knowledgeable botanists to evaluate the 1993 (50 FR 51143). Upon publication proposed or final designations of critical status of T. howellii ssp. spectabilis. of the February 28, 1996 Notice of habitat is accorded the lowest priority Information from botanical collections Review (61 FR 7596), we ceased using (Tier 3). This final rule is a Tier 2 action that date from the 1920’s was also category designations and included T. and is being completed in accordance utilized in the preparation of the howellii var. spectabilis as a candidate with the current Listing Priority proposed rule. The type locality in species. Candidate species are those for Guidance. We have updated this rule to Malheur County has been resurveyed by which the Service has on file sufficient reflect any changes in information numerous botanists over the past two information on biological vulnerability concerning distribution, status and decades, and T. howellii ssp. spectabilis and threats to support proposals to list threats since the publication of the has not been relocated. Recent surveys the species as threatened or endangered. proposed rule. in Malheur County conducted by staff

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28395 from the Service (E. Rey-Vizgirdas, Another commenter stated that habitat known whether these species have Service botanist, in litt. 1998) and for T. howellii ssp. spectabilis has been actually displaced T. howellii ssp. Bureau of Land Management (J. Findlay, highly altered by changes in natural spectabilis, it is unlikely that T. howellii Bureau of Land Management, pers. wetland hydrology, and that such ssp. spectabilis can persist in areas comm. 1998) have also failed to locate hydrologic changes may not be where the hydrologic conditions are not additional sites or populations. restorable. A few commenters stated favorable or in areas dominated by Only one commenter provided that disturbance may actually be exotic species. information on a T. howellii ssp. beneficial for T. howellii ssp. Although remaining sites supporting spectabilis site that was not specifically spectabilis. One commenter believed T. howellii ssp. spectabilis may not be mentioned in the proposed rule (B. that grazing management is appropriate directly threatened by agricultural Russell, in litt. 1998). This site, located for habitat conditions in eastern Oregon, conversion, indirect effects of on private land in Haines, Oregon, is and that grazing is not a threat to T. agriculture include habitat within 1⁄2 mile of other sites containing howellii ssp. spectabilis. In addition, the fragmentation, changes in local this species and is subject to similar effects of livestock on this taxon are not hydrologic conditions, and the use of threats as the populations discussed in well known. Some commenters stated herbicides and pesticides (which may the proposed rule. Although T. howellii that T. howellii ssp. spectabilis is not impact pollinator populations). Because ssp. spectabilis populations vary in size threatened by agriculture because it all known T. howellii ssp. spectabilis from year to year and new populations occurs on land not suitable for farming. sites have been invaded at least to some may be found in the future, similar Service response: Only one extent by noxious weeds such as teasel threats are likely to apply to any newly population of T. howellii ssp. spectabilis and thistles (Cirsium spp.). As a result, discovered populations. In summary, no occurs on land that may be managed for T. howellii ssp. spectabilis is data were provided to substantiate the the long-term protection of this species particularly vulnerable to herbicide use. claim that T. howellii ssp. spectabilis is (a permanent conservation easement on Issue 4: One commenter questioned more widespread than previously private land near North Powder, the accuracy of population data for T. described in the proposed rule. Oregon). All remaining T. howellii ssp. howellii ssp. spectabilis presented in the Issue 2: Several commenters believed spectabilis sites in Baker and Union proposed rule, and further believed that that more information was needed on counties are subject to a variety of information based on ‘‘ocular estimates’’ the life history of T. howellii ssp. threats including development, road of population size should not be used. spectabilis. Some asked for further construction projects and maintenance, Service response: We acknowledge clarification on its habitat and growth trampling, recreational activities, and that careful collection of population requirements. One commenter claimed the invasion of exotic plant species. data (e.g., numbers of plants and that this taxon may be a weed, similar The Service agrees that appropriate population trends) can be useful to to other noxious weeds in the mustard grazing management may be suitable for identify problems such as poor family. Another asked whether T. maintaining general habitat conditions reproduction and lack of recruitment of howellii ssp. spectabilis could be and forage species in Baker and Union new individuals into the population. transplanted or propagated. counties. However, the impact of However, like most annual plants, the Service response: Although several livestock grazing on rare plant species is population size of biennial plant species widespread members of the mustard influenced by factors including the such as T. howellii ssp. spectabilis can family such as whitetop (Cardaria season and magnitude of grazing. In vary greatly from year to year. We do draba), blue mustard (Chorispora some cases, grazing effects can be not rely solely on population tenella), and tumble mustard neutral or even beneficial if grazing is information, but consider threats to the (Sisymbrium altissimum) are considered managed to minimize impacts such as species as outlined under the to be noxious weeds, no species of trampling or compaction. As described ‘‘Summary of Factors Affecting the Thelypodium are known to be noxious in the ‘‘Summary of Factors Affecting Species’’ section of all proposed and weeds in the western United States the Species’’ section, we believe that final listing rules. These factors are (Whitson et al. 1996). grazing of T. howellii ssp. spectabilis discussed in detail for this species in In some cases, transplanting or during the active growing season can the ‘‘Summary of Factors Affecting the propagating rare plants is essential to adversely impact the reproduction of Species’’ section of this final rule. recovery. However, we believe that the this species. Reproduction by seed is Issue 5: One commenter felt that T. protection of existing habitat for T. necessary for the survival of annual and howellii ssp. spectabilis should be listed howellii ssp. spectabilis is critical to the biennial plant species such as T. as endangered rather than threatened long-term conservation of this species. howellii ssp. spectabilis. Because T. due to the limited number of sites and We will consider the feasibility of howellii ssp. spectabilis is palatable to threats to its habitat, and believed that propagating individuals or establishing livestock, grazing in occupied habitat T. howellii ssp. spectabilis is not likely additional populations of T. howellii prior to seed maturation and dispersal to persist in small habitat areas. Another ssp. spectabilis during the development can result in lower seed set and fewer commenter stated that although the of a recovery plan for this species. seedlings of T. howellii ssp. spectabilis. population of T. howellii ssp. spectabilis Additional information on the life Changes in hydrology or soil fluctuates from year to year, eight T. history and growth requirements of T. conditions often result in changes in the howellii ssp. spectabilis sites that have howellii ssp. spectabilis also will be abundance and distribution of plant been monitored since the 1980’s appear gathered during the recovery process. species. At several sites containing T. to be declining. Two commenters Issue 3: Several commenters howellii ssp. spectabilis near Baker City provided information about a proposed questioned the effects of activities such and North Powder, T. howellii ssp. race track development project near as grazing, altered hydrology, and spectabilis plants are located adjacent Haines, stating that this project, if agriculture on T. howellii ssp. to, but not within areas dominated by implemented, could damage habitat for spectabilis. One commenter wondered if wetland plant species such as cattails T. howellii ssp. spectabilis, and that the other plant species have outcompeted T. (Typha spp.), sedges (Carex spp.), water land may be zoned for industrial howellii ssp. spectabilis in areas where hemlock (Cicuta douglasii), and teasel purposes. One commenter provided hydrologic conditions have changed. (Dipsacus sylvestris). Although it is not information on a population of T.

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28396 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations howellii ssp. spectabilis in Haines that concurring opinion in National relating to the taxonomy, population occurs directly adjacent to a proposed Association of Home Builders v. Babbitt, status, and supportive biological and highway improvement project. This 130 F.3d 1041 (D.C. Cir. 1997), cert. ecological information for the taxon commenter further stated that, as of June denied, 1185 S. Ct. 2340 (1998). That under consideration for listing. The 1997, at least two lots in Haines that case involved a challenge to application purpose of such review is to ensure that contained T. howellii ssp. spectabilis of the Act prohibitions to protect the listing decisions are based on were for sale. listed Delhi Sands flower-loving fly. As scientifically sound data, assumptions, Service response: We acknowledge with T. howellii ssp. spectabilis, the and analyses, including input of that T. howellii ssp. spectabilis sites Delhi Sands flower-loving fly is appropriate experts and specialists. Two located within or adjacent to the City of endemic to only one state. Judge Wald scientists responded to our request for Haines are threatened by isolation, held that application of the Act’s peer review of this listing action. Both development, and other activities, as prohibitions against taking of responders provided information which described in the ‘‘Summary of Factors endangered species to this fly was a supported the biological and ecological Affecting the Species’’ section. proper exercise of Commerce Clause data presented in the proposed rule. However, we believe that the site power to regulate: (1) use of channels of supporting the largest habitat area interstate commerce; and (2) activities Summary of Factors Affecting the (located near North Powder) can be substantially affecting interstate Species managed for the long-term protection of commerce because it prevented loss of this species. In addition, at least three biodiversity and destructive interstate Section 4 of the Endangered Species other sites containing T. howellii ssp. competition. Judge Henderson upheld Act (16 U.S.C. 1533) and regulations (50 spectabilis (including the second largest protection of the fly because doing so CFR part 424) that implement the listing habitat area at Clover Creek) are not prevents harm to the development that provisions of the Act established the currently threatened by development. is part of interstate commerce. procedures for adding species to the We will continue to work with willing We believe that the Federal Federal lists. A species may be landowners and State, local, and government has the authority under the determined to be an endangered or Federal agencies to ensure that grazing Property Clause of the Constitution to threatened species due to one or more and other activities are managed to protect this species. While T. howellii of the five factors described in section reduce impacts to this species and its ssp. spectabilis is not known to occur on 4(a)(1). These factors and their habitat. The species is not in imminent Federal land, it is clear that the species application to Thelypodium howellii danger of extinction. Thus, the listing as is part of an ecosystem that includes ssp. spectabilis are as follows: threatened rather than endangered is Federal lands. Baker and Union appropriate. counties contain a significant amount of A. The Present or Threatened Issue 6: One commenter stated that T. Federal land administered by the U.S. Destruction, Modification, or howellii ssp. spectabilis should not be Forest Service and the Bureau of Land Curtailment of Its Habitat or Range. listed because economic impacts have Management. Native species such as Most of the habitat for T. howellii ssp. not been considered. mule deer range widely across these Service response: In accordance with spectabilis has been modified or lost to lands, and are known to graze on T. urban and agricultural development. 16 U.S.C., paragraph 1533 (b)(1)(A), 50 howellii ssp. spectabilis . The courts CFR 424.11(b), and section 4(b)(1)(A) of Habitat degradation at all remaining have long recognized Federal authority sites for this species is due to a the Act, listing decisions are made under the Property Clause to protect combination of livestock grazing, solely on the basis of the best available Federal resources in such agricultural conversion, hydrological scientific and commercial data. circumstances. See, e.g., Kleppe v. New modifications, and competition from Economic impacts cannot be considered Mexico, 429 U.S. 873 (1976); United non-native vegetation (see Factor E). when determining whether to list a States v. Alford, 274 U.S. 264 (1927); These activities have resulted in the species under the Act. Camfield v. United States, 167 U.S. 518 extirpation of T. howellii ssp. spectabilis Issue 7: One commenter stated that (1897); United States v. Lindsey, 595 the Service should not list T. howellii F.2d 5 (9th Cir. 1979). from about half its former range in ssp. spectabilis because it has no As for whether Federal listing of T. Baker, Union, and Malheur counties. authority to list or regulate species howellii ssp. spectabilis would confer Plants at the type locality in Malheur under the Act that are not involved in more protection than is already County are considered to be extirpated interstate commerce. This commenter provided under Oregon law, the due to past agricultural development further believed that Federal listing for inadequacy of the State law is discussed (Kagan 1986, ONHP 1998). Since 1990, T. howellii ssp. spectabilis is below in Section D of the ‘‘Summary of at least 40 percent of the sites sampled unnecessary since it would not confer Factors Affecting the Species’’ section of in North Powder that previously greater protection for this species than this rule. contained T. howellii ssp. spectabilis Oregon’s Endangered Species Act have been extirpated (A. Robinson, already provides. Peer Review Service botanist, in litt. 1996). These Service response: The Federal In accordance with interagency policy sites were all located within areas government has the authority under the published on July 1, 1994 (59 FR subjected to grazing. Grazing, trampling, Commerce Clause of the U.S. 34270), we solicited the expert opinions exotic species, and agricultural Constitution to protect this species for of three independent specialists activities continue to threaten virtually the reasons given in Judge Wald’s regarding pertinent scientific or all remaining habitat for this species opinion and Judge Henderson’s commercial data and assumptions (Table 1).

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TABLE 1.ÐSUMMARY OF THREATS

Hectares Site (Population) (Acres) Number plants Ownership Threats

Clover Creek ...... 15.9 300 (Kagan 1986) ...... Private ...... Livestock grazing, herbi- (39.2) cides. North Powder 2 (North Powder) ...... 0.9 16,000 (Salzer, in litt. Private ...... Non-native vegetation. (2.3) 1996). Miles easement (North Powder) ...... 16.8 Greater than 2,500 Private (conserv. ease- Livestock grazing, hy- (41.4) (Robinson, in litt. ment). drologic modifications. 1996). Hot Creek east of I±85 (North Powder) ...... 0.24 12 (Kagan, pers. Private (ODOT 1) ...... Naturally occurring (0.59) comm., 1995). events. Hot Creek North (North Powder) ...... 0.01 10 (Robinson, in litt. Private ...... Livestock grazing, natu- (0.03) 1996). rally occurring events. Powder River (North Powder) ...... 0.03 100 (Robinson, in litt. Private (ODOT 1) ...... Livestock grazing. (0.07) 1996). Haines rodeo (Haines) ...... 4.3 June 1998: 10,000; July Private (ODOT 1) ...... Urbanization, mowing. (10.6) 1998: 300 (E. Rey- Vizgirdas, in litt. 1998). Haines water tower (Haines) ...... 0.4 200 to 300 (E. Rey- Unknown (private) ...... Urbanization. (1.0) Vizgirdas, in litt. 1998). Haines west (Haines) ...... Not Not available ...... Private ...... Urbanization, road con- available struction, herbicides. Haines 4th and Olson (Haines) ...... 0.1 700 to 800 (E. Rey- Private ...... Possibly extirpated (0.3) Vizgirdas, in litt. 1998). (Brooks, in litt. 1998) Baker City North ...... 0.03 40 (Kagan, pers. Private ...... Agricultural conversion, (0.08) comm., 1995). herbicides. Pocahontas Road ...... 0.7 250 to 300 (E. Rey- Private ...... Livestock grazing, non- (1.8) Vizgirdas, in litt. 1998). native vegetation. 1 Oregon Department of Transportation Easement.

Within the City of Haines, all surveys have been completed for this Youtie 1995; Robinson, in litt. 1996). In remaining habitat containing T. howellii project, it is unclear how many T. addition, it is likely that natural ssp. spectabilis is being impacted by howellii ssp. spectabilis plants will be hydrologic processes have been altered residential construction, trampling, and affected. at all of the existing sites due to other activities. In 1994, a large section Another T. howellii ssp. spectabilis surrounding land uses including of habitat formerly occupied by T. site in Haines, which contained agriculture and residential/urban howellii ssp. spectabilis at the Haines approximately 800 plants in June 1998 development. rodeo grounds was destroyed when a (E. Rey-Vizgirdas, in litt. 1998), B. Overutilization for Commercial, parking lot was constructed. Although apparently was subsequently extirpated Recreational, Scientific, or Educational an estimated 5,000 to 10,000 T. howellii by residential development (P. Brooks, Purposes ssp. spectabilis plants were present at in litt. 1998). Urbanization represents a the Haines rodeo grounds in late June major threat for this species within the The plant is not a source for human 1998, the majority of this population city limits of Haines. food or of commercial horticulture was subsequently impacted by the July Thelypodium howellii ssp. spectabilis interest. Therefore, this is not a factor 4 and 5 rodeo; the site was apparently is threatened by changes in hydrology considered in the listing decision at this mowed and used as a parking area related primarily to historic and current time. during the rodeo (E. Rey-Vizgirdas, in land uses such as agricultural C. Disease or Predation litt. 1998). Immediately after the rodeo, conversion and flood control. Modifying fewer than 300 T. howellii ssp. the intensity and frequency of flooding Thelypodium howellii ssp. spectabilis spectabilis plants were observed at the events and soil moisture levels can is palatable to livestock (Kagan 1986, site. Most of these plants were found significantly alter plant habitat Davis and Youtie 1995). Cattle directly along the fence line adjacent to the main suitability. If moisture levels stay high consume and trample individual plants road (outside the rodeo grounds). It is later in the spring or summer, species (Kagan 1986). Native herbivores (e.g. possible that the T. howellii ssp. such as sedges and rushes will deer (Odocoileus) and elk (Cervus)) spectabilis population may recover from outcompete T. howellii ssp. spectabilis; likely consume T. howellii ssp. this disturbance. However, it is unlikely if the soil becomes too saline, Distichlis spectabilis plants; however, there is that the entire population was able to will outgrow T. howellii ssp. spectabilis little evidence to suggest that herbivory reproduce successfully prior to mowing (Davis and Youtie 1995). Irrigation by native ungulates currently poses a since most plants were in full bloom practices in the vicinity of T. howellii significant threat to this taxon (Kagan (without mature fruits) in late June (E. ssp. spectabilis habitat tend to increase 1986). Rey-Vizgirdas, in litt. 1998). soil moisture levels and can also Livestock grazing can negatively T. howellii ssp. spectabilis habitat increase soil salinity (Davis and Youtie impact habitat and contribute to within a proposed racing area 1995), making the habitat less suitable reduced reproduction of this species development project adjacent to the for this plant. Hydrological (Kagan 1986). In particular, spring and rodeo grounds, will likely be impacted modifications occurred in at least two early summer grazing adversely affects by the proposed project. However, since sites containing this taxon in the reproduction for T. howellii ssp. no specific T. howellii ssp. spectabilis vicinity of North Powder (Davis and spectabilis by removing flowers and/or

VerDate 06-MAY-99 17:39 May 25, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm02 PsN: 26MYR1 28398 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations fruits, and individual plants get more than three acres of waters of the E. Other Natural or Manmade Factors trampled during the period of active U.S. nor cause the loss of waters of the Affecting Its Continued Existence growth (generally from May through U.S. for a distance greater than 500 Mowing of T. howellii ssp. spectabilis July). linear feet of stream bed. Projects that habitat at the Haines rodeo ground In July 1995, Berta Youtie (plant qualify for authorization under NWP 26 typically occurs annually, and can ecologist, The Nature Conservancy) and may proceed without prior notification impact this species if performed during Andrew Robinson (Service botanist, to the Corps if the discharge would the growing season prior to seed set. Oregon State Office) found that cattle 1 3 cause the loss of less than ⁄ of an acre Historically, annual rodeos were held in had consumed all T. howellii ssp. of waters of the U.S. (33 CFR 330. App. July; however, in 1995 an additional spectabilis plants that were present A 26b.). Evaluation of impacts of such spring rodeo was held in May. Mowing within a pasture at Clover Creek; plants projects by the resource agencies to prepare for the spring rodeo occurs were only observed in an adjacent area through the section 404 process is thus prior to seed set, and if this practice that was not subject to grazing. The not an option. Corps Division and continues it will adversely affect Clover Creek site (15.9 ha (39.2 ac)) District Engineers may require that an reproduction of the plant. In some cases, supports the second largest remaining individual section 404 permit be mowing of T. howellii ssp. spectabilis plant habitat area. obtained if projects otherwise qualifying habitat for the July rodeo can reduce At another site intentionally not under NWP 26 would cause greater than reproduction if it occurs prior to seed grazed for the last five years, T. howellii minimal individual or cumulative set (see Factor A of this section). The ssp. spectabilis plants have expanded environmental impacts. Corps Haines rodeo ground currently supports into areas previously unoccupied. Areas regulations implementing the Clean that were previously heavily grazed now Water Act require withholding the third largest habitat area for T. contain higher densities and larger authorization under NWP 26 if the howellii ssp. spectabilis. Competition from nonnative plant plants than marginal refugia habitat existence of a listed endangered or species including Dipsacus sylvestris beneath Sarcobatus (Robinson, in litt. threatened species would be 1996). However, this site, while under a jeopardized, regardless of the (teasel), Cirsium vulgare (bull thistle), C. permanent conservation easement, has significance of the affected wetland canadensis (Canada thistle), and been subjected to trespass grazing on at resources (33 CFR 330.4 (f)). Melilotus officinalis (yellow sweet least two occasions during the past three The Oregon Department of Fish and clover) also threatens the long-term years (A. Robinson, pers. comm., 1997). Wildlife (ODFW) was previously survival of Thelypodium howellii ssp. designated as the easement manager of spectabilis (Davis and Youtie 1995). The D. The Inadequacy of Existing rapid expansion of D. sylvestris is Regulatory Mechanisms a wildlife area that contains Thelypodium howellii ssp. spectabilis considered a significant threat to this Thelypodium howellii ssp. spectabilis (Conservation Easement 1991). The species (Larkin and Salzer 1992). At is listed as endangered by the State of conservation easement was established several sites, the formerly mesic Oregon (Oregon Department of by the Farm Services Agency to protect meadow communities containing Agriculture). However, the State a large wetland complex and related Sarcobatus (greasewood) and T. howellii Endangered Species Act does not resources. However, a preliminary draft ssp. spectabilis have largely been provide protection for species on private management plan (ODFW 1996) for this replaced by nonnative species. land. Therefore, under State law, in site does not adequately provide for the At least two sites containing T. such cases, any plant protection is at the long-term maintenance of the plant and howellii ssp. spectabilis are directly discretion of the landowner. ODFW is withdrawing as easement adjacent to fields where crops such as The Oregon Department of manager (J. Lauman, ODFW, in litt. wheat and barley are produced. The use Transportation (ODOT) currently 1996; M. Smith, Service biologist, of dicot-specific herbicides in these considers potential impacts to T. Oregon State Office, pers. comm. 1998). areas threatens T. howellii ssp. howellii ssp. spectabilis in their road A new easement manager for the site spectabilis when overspraying occurs (J. maintenance activities where it occurs has not been designated. Development Kagan, plant ecologist, Oregon Natural at three sites that are partially within of a final management plan for the site, Heritage Program, pers. comm., 1997). ODOT rights-of-way. However, two of which may better address concerns One of these sites (Clover Creek) these sites are less than 0.4 ha (1 ac) in regarding the viability of this species currently contains the second largest size, and the third site (at Haines rodeo (e.g., potential hydrological habitat area for this species. ground) is threatened by activities that modifications of existing habitat), has Because most populations of this are not controlled by ODOT. not yet been initiated. In addition, species are small and existing habitat is Thelypodium howellii ssp. spectabilis although this site is under a fragmented by agricultural conversion, could potentially be affected by projects conservation easement, trespass grazing grazing, roads and urbanization, requiring a permit under section 404 of by cattle has occurred on at least two naturally occurring events, such as the Clean Water Act. Under section 404, occasions in the last three years and drought, represent threats to the the U.S. Army Corps of Engineers continues to threaten T. howellii ssp. continued existence of this species. Of (Corps) regulates the discharge of fill spectabilis habitat onsite. the 11 sites for this species, 6 (50 material into waters of the United States One T. howellii ssp. spectabilis site percent) are 0.4 ha (1 ac) or less. Only including navigable and isolated water had a plant protection agreement 3 sites are larger than 4 ha (10 ac). bodies, headwaters, and adjacent between the landowner and The Nature Small, isolated parcels are vulnerable to wetlands. Section 404 regulations Conservancy. However, the agreement edge effects (i.e., invasion by exotic require applicants to obtain an has expired and the amount of occupied plant species, disturbances by local individual permit to place fill for habitat (less than 0.5 ha (1 ac)) onsite is residents) and are unlikely to contribute projects affecting greater than 4 ha (10 not expected to provide for the long- significantly to the long-term ac) of waters of the U.S. Projects can term viability of the species in the preservation of this species. qualify for authorization under absence of intensive management (B. Livestock grazing tends to fragment T. Nationwide Permit 26 (NWP 26) if the Youtie, The Nature Conservancy, pers. howellii ssp. spectabilis populations by discharge does not cause the loss of comm., 1998). reducing the density of plants in

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28399 openings, and restricting individuals to foreseeable future. For reasons appreciably the likelihood of both the protected sites (e.g., beneath Sarcobatus discussed below, critical habitat is not survival and recovery of a listed plants or spiny shrubs) (Kagan 1986, being proposed at this time. species.’’ Destruction or adverse Robinson, in litt. 1996). Such habitat modification of habitat means an Critical Habitat fragmentation also severely restricts the ‘‘alteration that appreciably diminishes potential for plant population Critical habitat is defined in section 3 the value of critical habitat for both the expansion. Most known populations of of the Act as (i) the specific areas within survival and recovery of a listed species T. howellii ssp. spectabilis contain a low the geographical area occupied by a in the wild by reducing the number of individual plants and are species, at the time it is listed in reproduction, numbers, or distribution limited geographically so that future accordance with the Act, on which are of that species.’’ survival may depend on recovery found those physical or biological Common to both definitions is an actions such as restoring degraded features (I) essential to the conservation appreciable detrimental effect to both habitat areas and removing competing of the species and (II) that may require the survival and recovery of a listed nonnative vegetation. special management considerations or species. An action that appreciably We have carefully assessed the best protection; and (ii) specific areas diminishes habitat for recovery and scientific and commercial information outside the geographical area occupied survival may also jeopardize the available regarding the past, present, by the species at the time it is listed, continued existence of the species by and future threats faced by this species upon determination that such areas are reducing reproduction, numbers, or in determining to issue this final rule. essential for the conservation of the distribution because negative impacts to Most of the remaining sites that support species. ‘‘Conservation’’ means the use such habitat may reduce population T. howellii ssp. spectabilis are small and of all methods and procedures needed numbers, decrease reproductive success, fragmented, and all existing sites are to bring the species to the point at or alter species distribution through vulnerable to impacts from grazing, which listing under the Act is no longer habitat fragmentation. trampling, and non-native vegetation in necessary. For a listed plant species, an analysis addition to urban and agricultural Section 4(a)(3) of the Act, as to determine jeopardy under section development. One site is under a amended, and implementing regulations 7(a)(2) would take into consideration permanent conservation easement, (50 CFR 424.12) require that, to the the loss of the species associated with although management of this site has maximum extent prudent and habitat impacts. Such an analysis would not been completely effective at determinable, the Secretary designate closely parallel an analysis of habitat maintaining T. howellii ssp. spectabilis critical habitat at the time the species is impacts conducted to determine adverse habitat in the past. We are currently listed as endangered or threatened. modification of critical habitat. As a working to better address management Service regulations (50 (CFR 424.12 result, an action that results in adverse of the plant habitat at this site, which (a)(1)) state that designation of critical modification also would almost will include construction of fencing to habitat is not prudent when one or both certainly jeopardize the continued protect habitat from livestock grazing of the following situations exist—(1) the existence of the species concerned. and to assist in noxious weed control. species is threatened by taking or other Because habitat degradation and We have determined that listing as human activity, and identification of destruction is the primary threat to threatened rather than endangered is critical habitat can be expected to Thelypodium howellii ssp. spectabilis, appropriate for this species primarily increase the degree of threat to the listing it will ensure that section 7 because we believe that grazing can be species, or (2) such designation of consultation occurs and potential managed in a manner that will not critical habitat would not be beneficial impacts to the species and its habitat are adversely affect habitat for T. howellii to the species. considered for any Federal action that ssp. spectabilis, and the site containing Section 7(a)(2) of the Act requires may affect this species. In many cases, the largest habitat area for this taxon is Federal agencies to consult with the listing also ensures that Federal subject to a permanent conservation Service to ensure that any action agencies consult with the Service even easement. In addition, the State and authorized, funded, or carried out by when Federal actions may affect local weed management agencies have such agency, does not jeopardize the unoccupied suitable habitat where such initiated measures that afford some continued existence of a federally listed habitat is essential to the survival and protection to T. howellii ssp. spectabilis, species or does not destroy or adversely recovery of the species. This is such as identifying areas to be avoided modify designated critical habitat. The especially important for plant species by herbicide application, and placing requirement that Federal agencies where consideration must be given to signs in the area. Based on this refrain from contributing to the the seed bank component of the species, evaluation, the preferred action is to list destruction or adverse modification of which are not necessarily visible in the T. howellii ssp. spectabilis as critical habitat in any action authorized, habitat throughout the year. A threatened. Alternatives to this action funded or carried out by such agency significant portion of their vegetative were considered but not preferred (agency action) is in addition to the structure may not be in evidence during because not listing this species would section 7 prohibition against cursory surveys; occupancy of suitable not provide adequate protection and jeopardizing the continued existence of habitat can only be reliably determined would not be consistent with the Act. In a listed species, and it is the only during the growing season. In practice, addition, listing this species as mandatory legal consequence of a we consult with Federal agencies endangered would not be appropriate critical habitat designation. The proposing projects in areas where the because the State of Oregon and local Service’s implementing regulations (50 species was known to recently occur or management agencies have decreased CFR part 402) define ‘‘jeopardize the to harbor known seed banks. the danger of extinction of T. howellii continuing existence of’’ and Apart from section 7, the Act provides ssp. spectabilis at the present time. ‘‘destruction or adverse modification of’’ no additional protection to lands However, if population declines in very similar terms. To jeopardize the designated as critical habitat. continue and threats are not adequately continuing existence of a species means Designating critical habitat does not addressed, this species could be to engage in an action ‘‘that reasonably create a management plan for the areas threatened with extinction in the would be expected to reduce where the listed species occurs; does

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28400 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations not establish numerical population view of the limited habitat for this develop plant management strategies. goals or prescribe specific management species, the loss of any of the 11 sites We have notified all involved parties actions (inside or outside of critical resulting from Corps regulated wetland and landowners of the importance of habitat); and does not have a direct fill activities would likely result in a protecting the habitat of the remaining effect on areas not designated as critical jeopardy determination. Thus, in this populations of T. howellii ssp. habitat. case, the prohibition on adverse spectabilis, and plant protection Critical habitat designation for modification would provide no benefit agreements for some sites are in place. Thelypodium howellii ssp. spectabilis is beyond that provided by the prohibition The livestock grazing threat is being not prudent because it would provide on jeopardy. The designation of critical addressed by working directly with no additional benefit on non-Federal habitat, therefore, would not provide landowners to adjust seasonal use and lands beyond that provided by listing. additional benefit for the species. through fence construction to limit T. howellii ssp. spectabilis is known to While a designation of critical habitat livestock trespass. The plant is palatable occur only on private lands. Critical on private lands would only affect to livestock, and grazing occurring from habitat designation provides protection actions where a Federal nexus is present April through July can be detrimental to on non-Federal lands or private lands and would not confer any additional annual seed production; grazing at other only when there is Federal involvement benefit beyond that already provided by times of the year has little direct effect through authorization or funding of, or section 7 consultation; and because (Davis and Youtie 1995). Altered grazing participation in, a project or activity virtually any action that would result in practices can only be achieved through an adverse modification determination (Federal nexus). In other words, voluntary efforts of landowners; would also likely jeopardize the species, designation of critical habitat on non- designation of critical habitat would not a designation of critical habitat on Federal lands does not compel or change grazing practices. private lands could result in a detriment In addition to cooperative efforts require the private or other non-Federal to the species. This is because the between us and landowners, other landowner to undertake active limited effect of a critical habitat governmental agencies offer management for the species or to modify designation on private lands is often opportunities to protect T. howellii ssp. any activities in the absence of a Federal misunderstood by private landowners spectabilis. All known locations of T. nexus. Because all known occurrences whose property boundaries could be howellii ssp. spectabilis along road sides of this plant are on private land, included within a general description of have been inconspicuously marked so activities constituting threats to the critical habitat for a specific species. Oregon State Highway Department species (see ‘‘Summary of Factors Landowners may mistakenly believe crews can avoid destruction of plants Affecting the Species’’), including that critical habitat designation will be during highway maintenance activities grazing, agricultural and urban an obstacle to land use and (A. Robinson, pers. comm. 1997). The development, alterations of wetland development and impose restrictions on U.S. Department of Agriculture, through hydrology, and competition from non- their use of their property. In some its Wildlife Habitat Incentive Program native vegetation, are generally not cases, members of the public may offers funding to landowners which can subject to section 7 consultation. Any believe critical habitat designation to be be used to protect endangered plants, Federal involvement, if it does occur, an attempt on the part of the including T. howellii ssp. spectabilis (62 will be addressed regardless of whether government to confiscate their private FR 49357). In view of ongoing actions critical habitat is designated because property. Unfortunately, inaccurate and and the lack of benefit provided by interagency coordination requirements misleading statements reported through designation of critical habitat on non- such as the Fish and Wildlife widely popular media available Federal lands, we believe that Coordination Act and section 7 of the worldwide are the types of conservation and protection of this Act are already in place. When T. misinformation that can and have led plant will be accomplished more howellii ssp. spectabilis is listed, private landowners to believe that effectively through procedures other activities occurring on all lands subject critical habitat designations prohibit than critical habitat designation. to Federal jurisdiction that may them from making private use of their A designation of critical habitat for T. adversely affect these species would land when, in fact, they face potential howellii ssp. spectabilis on private lands prompt the requirement for section 7 constraints only if they need a Federal could inadvertently encourage habitat consultation, regardless of whether permit or receive Federal funding to destruction by private landowners critical habitat has been designated. conduct specific activities on their wishing to rid themselves of the Although there may occasionally be a lands, such as filling in wetlands. These perceived endangered species problem. Federal nexus for T. howellii ssp. types of misunderstandings, and the fear Listed plants have limited protection spectabilis through regulation of and mistrust they create among under the Act, particularly on private wetland fill and removal activities potentially affected landowners, makes lands. Section 9(a)(2) of the Act, regulated by the U.S. Corps through it very difficult for us to cultivate implemented by regulations at 50 CFR section 404 of under the Clean Water meaningful working relationships with section 17.61 (endangered plants) and Act, the designation of critical habitat such landowners and to encourage 50 CFR 17.71 (threatened plants) only for this plant would provide no benefit voluntary participation in species prohibits (1) removal and reduction of beyond that provided by listing. For conservation and recovery activities. listed plant species to possession from example, the plant is restricted to 11 Without the willing participation of areas under Federal jurisdiction, or their known sites (seven less than an acre in landowners in the recovery process, we malicious damage or destruction on size) in unique, moist, alkaline meadow will find it very difficult to recover T. areas under Federal jurisdiction; or (2) habitat located in valley bottoms, and howellii ssp. spectabilis on the private removal, cutting, digging up, or any action that would adversely modify lands where the only known damaging or destroying any such habitat at these sites also would populations occur. species in knowing violation of any jeopardize the continued existence of We are currently working with State law or regulation, including State the species, because the biological involved agencies and landowners to criminal trespass laws. Generally, on threshold for triggering either periodically survey and monitor T. private lands, collection of, or determination would be the same. In howellii ssp. spectabilis populations and vandalism to, listed plants must occur

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28401 in violation of State law to be a violation seekers (Mariah Steenson pers. comm. and private agencies, groups, and of section 9. The Oregon Endangered 1997, M. Bosch, U.S. Forest Service in individuals. The Act provides for Species Act does not protect listed litt. 1997). Disseminating specific, possible land acquisition and plants on private lands. Thus, a private sensitive locations can encourage plant cooperation with the states and requires landowner concerned about perceived poaching (M. Bosch, U.S. Forest Service, that recovery actions be carried out for land management conflicts resulting pers. comm., 1997). For example, the all listed species. The protection from a critical habitat designation Service designated critical habitat for required of Federal agencies and the covering his property would likely face the mountain golden heather (Hudsonia prohibitions against certain activities no legal consequences if the landowner montana), a small shrub not previously involving listed plants are discussed, in removed the listed species or destroyed known to be commercially valuable or part, below. its habitat. The designation of critical particularly susceptible to collection or Section 7(a) of the Act requires habitat involves the publication of vandalism. After the critical habitat Federal agencies to evaluate their habitat descriptions and mapped designation was published in the actions with respect to any species that locations of the species in the Federal Federal Register, unknown persons is proposed or listed as endangered or Register, increasing the likelihood of visited a Forest Service wilderness area threatened and with respect to its unwanted notice by potential search in North Carolina where the plants critical habitat, if any is designated. and removal activities at specific sites. occurred and, with a recently published Regulations implementing this We acknowledge that in some newspaper article and maps of the interagency cooperation provision of the situations critical habitat designation plant’s critical habitat designation in Act are codified at 50 CFR part 402. may provide some value to the species hand, asked about the location of the Section 7(a)(4) of the Act requires by notifying the public about areas plants. Several plants we had been Federal agencies to confer with us on important for the species conservation monitoring were later found to be any action that is likely to jeopardize and calling attention to those areas in missing from unmarked Service study the continued existence of a proposed special need of protection. However, in plots (Nora Murdock, U.S. Fish and species or result in destruction or this case, the few existing sites Wildlife Service, pers. comm. 1998). adverse modification of proposed containing T. howellii ssp. spectabilis Designating critical habitat, including critical habitat. If a species is listed are already known by the affected the required disclosure of precise maps subsequently, section 7(a)(2) requires private landowners. When this limited and descriptions of critical habitat, Federal agencies to ensure that activities public notification benefit is weighed would further advertise the rarity of T. they authorize, fund, or carry out are not against the detriment to plant species howellii ssp. spectabilis and provide a likely to jeopardize the continued associated with the widespread road map to occupied sites causing even existence of such a species or to destroy misunderstanding about the effects of greater threat to the species from or adversely modify its critical habitat. such designation on private landowners vandalism, trampling, or unauthorized If a Federal action may affect a listed and the environment of mistrust and collection (M. Steenson, Portland species or its critical habitat, the fear that such misunderstandings can Nursery Inc., pers. comm., 1997). Easily responsible Federal agency must enter create, we conclude that the detriment accessible roadside populations with into formal consultation with us. to the species from a critical habitat few individuals would be particularly Federal agencies that may have designation covering non-federal lands susceptible to indiscriminate collection involvement with Thelypodium howellii outweighs the educational benefit of by persons interested in rare plants. ssp. spectabilis through section 7 such designation and that such Plants, unlike most animal species include the Corps and the designation is therefore not prudent. protected under the Act, are particularly Environmental Protection Agency The information and notification vulnerable to collection because of their through their permit authority under process can more effectively be inability to escape when sought by section 404 of the Clean Water Act. The accomplished by working directly with collectors. Federal Housing Administration and landowners and communities during In conclusion, we have weighed the Farm Services Agency may be affected the recovery planning process and by lack of overall benefit of critical habitat through potential funding of housing the section 7 consultation and designation beyond that provided by and farm loans where this species or its coordination where the Federal nexus virtue of being listed as threatened or habitat occurs. Highway construction exists. The use of these existing endangered along with the limited and maintenance projects that receive processes will impart the same benefit of public notification against the funding from the Department of knowledge to the landowners that detrimental effects of the negative Transportation (Federal Highways critical habitat designation would, but public response and misunderstanding Administration) will also be subject to without the confusion and of what critical habitat designation review under section 7 of the Act. misunderstandings that may accompany means and the increased threats of The Act and its implementing a critical habitat designation. illegal collection and vandalism, and regulations set forth a series of general Although this biennial plant is not of have concluded that critical habitat prohibitions and exceptions that apply horticultural interest, the listing in and designation is not prudent for T. to all threatened plants. All prohibitions of itself may contribute to an increased howellii ssp. spectabilis. of section 9(a)(2) of the Act, risk from over-collection. Simply listing implemented by 50 CFR 17.71 for a species can precipitate commercial or Available Conservation Measures threatened plants, apply. These scientific interest and activities, both Conservation measures provided to prohibitions, with respect to any legal and illegal, which can threaten the species listed as endangered or endangered or threatened species of species through unauthorized and threatened under the Act include plants, in part, make it illegal for any uncontrolled collection for both recognition, recovery actions, person subject to the jurisdiction of the commercial and scientific purposes. The requirements for Federal protection, and United States to import or export, listing of species as endangered or prohibitions against certain activities. transport or ship in interstate or foreign threatened publicizes their rarity and Recognition through listing encourages commerce in the course of a commercial may make them more susceptible to public awareness and results in activity, sell or offer for sale in interstate collection by researchers or curiosity conservation actions by Federal, State or foreign commerce, or remove and

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28402 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations reduce to possession from areas under (2) Casual, dispersed human activities threatened species has OMB approval Federal jurisdiction. Seeds from on foot or horseback (e.g., bird and is assigned clearance number 1018– cultivated specimens of threatened watching, sightseeing, photography, 0094. This rule does not alter that plant taxa also are exempt from these camping, hiking); information collection requirement. For prohibitions provided that a statement (3) Activities on private lands that do additional information concerning ‘‘Of Cultivated Origin’’ appears on the not require Federal authorization and do permits and associated requirements for shipping containers. Certain exceptions not involve Federal funding, such as threatened species, see 50 CFR 17.32. apply to agents of the Service and State grazing management, agricultural References Cited conservation agencies. conversions, flood and erosion control, The Act and 50 CFR 17.72 also residential development, road Al-Shehbaz, I.A. 1973. The biosystematics of provide for the issuance of permits to construction, and pesticide/herbicide the genus Thelypodium. Contr. Gray Herb. carry out otherwise prohibited activities application when consistent with label 204(93):115–117. involving threatened plant species restrictions; Antell, K.S. 1990. Howell’s thelypody: a rare under certain circumstances. Such (4) Residential landscape biennial mustard from Oregon. Biology Department, Eastern Oregon State College, permits are available for scientific maintenance, including the clearing of vegetation around one’s personal LaGrande, Oregon. purposes and to enhance the Conservation Easement. 1991. Miles Wetland propagation or survival of the species. residence as a fire break. Property, located in North Powder, Oregon. For threatened plants, permits also are We believe that the following might Davis, J.S. and B. Youtie. 1995. Site available for botanical or horticultural potentially result in a violation of information and analysis: North Powder exhibition, educational purposes, or section 9; however, possible violations Thelypodium howellii ssp. spectabilis special purposes consistent with the are not limited to these actions alone: preserve. Prepared for The Nature purposes of the Act. We anticipate few (1) Unauthorized collecting of the Conservancy, Oregon Field Office, trade permits would ever be sought or species on Federal lands (if the species Portland, Oregon. issued for the species because the plant were to occur on Federal lands); Greenleaf, J. 1980. Status report for (2) Application of pesticides/ Thelypodium howellii Wats ssp. spectabilis is not common in cultivation or in the (Peck) Al-Shehbaz. wild. herbicides in violation of label restrictions; Kagan, J.S. 1986. Status report for It is the policy of the Service, (3) Interstate or foreign commerce and Thelypodium howellii ssp. spectabilis. published in the Federal Register on import/export without previously Oregon Natural Heritage Data Base, July 1, 1994 (59 FR 34272), to identify, Portland, Oregon. obtaining an appropriate permit. Larkin, G. and D. Salzer. 1992. A plant to the maximum extent practicable at Permits to conduct activities are the time a species is listed, those demography study of Delphinium available for purposes of scientific leucocephalum, Thelypodium howellii ssp. activities that would or would not research and enhancement of constitute a violation of section 9 of the spectabilis, Astragalus applegatei, and propagation or survival of the species. Lilium occidentale: preliminary report Act. The intent of this policy is to Questions regarding whether specific 1990–1991. Prepared for The Nature increase public awareness of the effects activities may constitute a violation of Conservancy, Oregon Field Office, of the listing on proposed and ongoing section 9 should be directed to the Field Portland, Oregon. activities within the species’ range. Supervisor of the Snake River Basin Oregon Department of Fish and Wildlife Collection, damage or destruction of this Office (see ADDRESSES section). Requests (ODFW). 1996. Miles wetlands five-year species on Federal land is prohibited, for copies of the regulations on listed action plan: 1997–2002. Prepared for the U.S. Fish and Wildlife Service. although in appropriate cases a Federal plants and inquiries regarding them may permit could be issued to allow Oregon Natural Heritage Program (ONHP). be addressed to the U.S. Fish and 1998. Element occurrence records for collection for scientific or recovery Wildlife Service, Ecological Services, purposes. However, T. howellii ssp. Thelypodium howellii ssp. spectabilis. Permits Branch, 911 NE 11th Ave., Peck, M. 1932. New species from Oregon. spectabilis is not known to occur on Portland, Oregon 97232–4181 (503/231– Torreya 32:150. public (Federal) lands. We believe that, 6241). Whitson, T.D., L.C. Burrill, S.A. Dewey, D.W. based upon the best available Cudney, B.E. Nelson, R.D. Lee, R. Parker. information, the following actions will National Environmental Policy Act 1996. Weeds of the West, 5th edition. not result in a violation of section 9, The Service has determined that an Published by the University of Wyoming provided these activities are carried out Environmental Assessment, as defined and the Western Society of Weed Science, in accordance with existing regulations under the authority of the National Newark, California. and permit requirements: Environmental Policy Act of 1969, need Author. The primary author of this (1) Activities authorized, funded, or not be prepared in connection with final rule is Edna Rey-Vizgirdas, U.S. carried out by Federal agencies (if the regulations adopted pursuant to section Fish and Wildlife Service, Snake River species were found on Federal lands), 4(a) of the Endangered Species Act, as Basin Office (see ADDRESSES section); (e.g., grazing management, agricultural amended. A notice outlining our telephone 208/378–5243. conversions, wetland and riparian reasons for this determination was habitat modification, flood and erosion published in the Federal Register on List of Subjects in 50 CFR Part 17 control, residential development, October 25, 1983 (48 FR 49244). recreational trail development, road Endangered and threatened species, construction, hazardous material Paperwork Reduction Act Exports, Imports, Reporting and containment and cleanup activities, This rule does not contain any recordkeeping requirements, prescribed burns, pesticide/herbicide information collection requirements for Transportation. application, pipelines or utility lines which the Office of Management and Regulation Promulgation crossing suitable habitat,) when such Budget (OMB) approval under the activity is conducted in accordance with Paperwork reduction Act, 44 U.S.C. Accordingly, amend part 17, any reasonable and prudent measures 3501 et seq. is required. An information subchapter B of chapter I, title 50 of the given by the Service in a consultation collection related to the rule pertaining Code of Federal Regulations as set forth conducted under section 7 of the Act; to permits for endangered and below:

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PART 17Ð[AMENDED] Authority: 16 U.S.C. 1361–1407; 16 U.S.C. of Endangered and Threatened Plants to 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– read as follows: 1. The authority citation for part 17 625, 100 Stat. 3500, unless otherwise noted. § 17.12 Endangered and threatened plants. continues to read as follows: 2. Amend section 17.12(h) by adding the following, in alphabetical order * * * * * under FLOWERING PLANTS to the List (h) * * *

Species Historic range Family name Status When listed Critical habi- Special Scientific name Common name tat rules

******* FLOWERING PLANTS

******* Thelypodium howellii Howell's spectacular U.S.A. (OR) ...... Brassicaceae mus- T 662 NA NA ssp. spectabilis. thelypody. tard.

Dated: April 28, 1999. Random events increase the risk to the under tropical climates such as high Jamie Rappaport Clark, few, small populations of E. apricum. acidity, high aluminum content, and Director, U.S. Fish and Wildlife Service. This action implements the protection low fertility (Singer 1978). These soils [FR Doc. 99–13249 Filed 5–25–99; 8:45 am] of the Act for these plants. and the sedimentary deposits with BILLING CODE 4310±55±P EFFECTIVE DATE: June 25, 1999. which they are associated also contain ADDRESSES: The complete file for this large amounts of commercially valuable rule is available for inspection, by minerals including quartz sands, DEPARTMENT OF THE INTERIOR appointment, during normal business kaolinitic (containing a hydrous silicate hours at the U.S. Fish and Wildlife of aluminum) clays, lignite (low-grade Fish and Wildlife Service Service, Sacramento Field Office, 3310 coal), and possible gold-bearing gravels (Chapman and Bishop 1975). The 50 CFR Part 17 El Camino Avenue, Suite 130, Sacramento, California 95821–6340. nearest modern-day relatives to these soils occur in Hawaii and Puerto Rico RIN 1018±AE25 FOR FURTHER INFORMATION CONTACT: (Singer 1978). Kirsten Tarp (telephone 916/979–2120) Endangered and Threatened Wildlife The vegetation in the Ione area is and/or Jason Davis (telephone 916/979– and Plants; Determination of distinctive enough to be designated as 2749), staff biologists at the above Endangered Status for the Plant ‘‘Ione chaparral’’ in a classification of address (facsimile 916/979–2723). Eriogonum apricum (inclusive of vars. plant communities in California apricum and prostratum) (Ione SUPPLEMENTARY INFORMATION: (Holland 1986). Stebbins (1993) Buckwheat) and Threatened Status for Background characterized the Ione chaparral as an ecological island, which he defined as a the Plant Arctostaphylos myrtifolia Arctostaphylos myrtifolia (Ione (Ione Manzanita) relatively small area with particular manzanita), Eriogonum apricum var. climatic and ecological features that AGENCY: Fish and Wildlife Service, apricum (Ione buckwheat), and differ significantly from surrounding Interior. Eriogonum apricum var. prostratum areas. This plant community occurs ACTION: Final rule. (Irish Hill buckwheat) are found only on very acidic, nutrient-poor, primarily in western Amador County, coarse soils, and is comprised of low- SUMMARY: We determine endangered about 70 kilometers (km) (43.5 miles growing, heath-like shrubs and scattered status pursuant to the Endangered (mi)) southeast of Sacramento in the herbs (Holland 1986). The dominant Species Act of 1973, as amended (Act), central Sierra Nevada foothills of shrub is Arctostaphylos myrtifolia, for Eriogonum apricum (inclusive of California. Most populations occur at which is narrowly endemic to the area. vars. apricum and prostratum) (Ione elevations between 90 and 280 meters Ione chaparral is restricted in buckwheat). We also determine (m) (295 and 918 feet (ft)). A few distribution to the vicinity of Ione in threatened status for Arctostaphylos isolated occurrences of A. myrtifolia Amador County, and a few local areas myrtifolia (Ione manzanita). These two occur in adjacent northern Calaveras of adjacent northern Calaveras County species occur primarily on soils derived County. where the community is estimated to from the Ione Formation in Amador Both species included in this rule cover 2,430 hectares (ha) (6,002 acres and/or Calaveras counties in the central occur primarily on ‘‘Ione soils’’ which (ac)) (California Natural Diversity Sierra Nevada foothills of California and have developed along a 40 mile stretch Database (CNDDB) 1997). The endemic are imperiled by one or more of the of the Ione Formation. The Ione plants that grow here are thought to do following factors—mining, clearing of Formation, comprised of a unique so because they can tolerate the acidic, vegetation for agriculture and fire Tertiary Oxisol, consisting of fluvial nutrient-poor conditions of the soil protection, disease, inadequate (stream or river produced), estuarine, which exclude other plant species. The regulatory mechanisms, habitat and shallow marine deposits (Bureau of climate of the area may be moderated by fragmentation, residential and Land Management (BLM) 1989), was its location due east of the Golden Gate commercial development, changes in developed under a subtropical or (Gankin and Major 1964, Roof 1982). fire frequency, and continued erosion tropical climate during the Eocene (35– due to prior off-road vehicle use. 57 million years ago). The Ione soils in Discussion of the Two Species Existing regulatory mechanisms do not the area are coarse-textured and exhibit Charles Parry (1887) described adequately protect these species. soil properties typical of those produced Arctostaphylos myrtifolia based upon

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28404 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations material collected near Ione, California. Resource Area, in litt. 1994; M. Wood, one is partially protected by CDFG Subsequent authors variously treated in litt. 1994) and existing regulatory (CNDDB 1997). Eriogonum apricum var. this taxon as Uva-ursi myrtifolia mechanisms do not adequately protect apricum occurs primarily on private or (Abrams 1914), A. nummularia var. the species. The amount of A. myrtifolia non-Federal land; BLM manages one myrtifolia (Jepson 1922), Schizococcus habitat already lost to mining cannot be occurrence. Mining, clearing of myrtifolius (Eastwood 1937, cited in quantified because information vegetation for agriculture and for fire Gankin and Major 1964), and regarding the total mineral production protection, habitat fragmentation, Arctostaphylos uva-ursi ssp. myrtifolia as well as the total acreage of land increased residential development, and (Roof 1982). Philip Wells (1993), in his newly disturbed by a mining operation erosion variously threaten the treatment of California Arctostaphylos, is proprietary (Maryann Showers, occurrences of this plant. Existing maintained the species as A. myrtifolia. California Department of Mining and regulatory mechanisms do not Arctostaphylos myrtifolia is an Geology, pers. comm. 1994). Although adequately protect this species. evergreen shrub of the heath family the exact area of habitat lost is Eriogonum apricum var. prostratum (Ericaceae) that lacks a basal burl. unknown, a significant loss of habitat has smaller leaves, a prostrate (low Attaining a height of generally less than has occurred (Roof 1982; Stebbins 1993; growing) habit, and an earlier flowering 1.2 m (3.9 ft), plants appear low and Michael K. Wood, Botanical Consultant, time than E. apricum var. apricum. The spreading. The bark is red, smooth, and in litt. 1994). Arctostaphylos myrtifolia two known occurrences of E. apricum waxy. Olive green, narrowly elliptic occurs primarily on private or non- var. prostratum are restricted to leaves are 6 to 15 millimeters (mm) (0.2 Federal lands. One occurrence on BLM otherwise barren outcrops on less than to 0.6 inches (in.)) long. Red scale-like land is within the Ione Manzanita Area 0.4 ha (1 ac) in openings of Ione inflorescence (flower cluster) bracts are of Critical Environmental Concern chaparral on private land. Mining, 1 to 2 mm (0.04 to 0.08 in.) long. White (ACEC). Two additional occurrences are inadequate regulatory mechanisms, or pinkish urn-shaped flowers appear partially on BLM lands. Four small, habitat fragmentation, erosion, and from January to February. The fruit is pure populations and several smaller, random events threaten the occurrences cylindric. The species depends almost mixed populations also occur on the of this plant. entirely on periodic fire events to State-owned Apricum Hill Ecological Previous Federal Action promote seed germination (Wood and Reserve managed by the California Parker 1988). Arctostaphylos myrtifolia Department of Fish and Game (CDFG) Federal government actions on both can be distinguished from other species (Wood and Parker 1988). plants began as a result of section 12 of in the same genus by its smaller stature Eriogonum apricum comprises two the Endangered Species Act of 1973, as and the color of its leaves. varieties—Eriogonum apricum var. amended (16 U.S.C. 1531 et seq.), which Arctostaphylos myrtifolia is reported apricum and E. apricum var. directed the Secretary of the from 17 occurrences (CNDDB 1997). prostratum. Descriptions are provided Smithsonian Institution to prepare a Because most of these occurrences are below for each of the varieties. report on those plants considered to be based on the collection localities of Howell (1955) described the species endangered, threatened, or extinct in the individual specimens, it is uncertain Eriogonum apricum (Ione buckwheat) in United States. The Smithsonian how many stands these 17 occurrences 1955 based on a specimen collected in Institution presented this report, represent. Arctostaphylos myrtifolia the foothills of the Sierra Nevada near designated as House Document No. 94– may occur in about 100 individual Ione, Amador County, California. Myatt 51, to Congress on January 9, 1975. The stands which cover a total of about (1970) described a variety of the Ione report included Arctostaphylos 404.7 ha (1,000 ac) (Roy Woodward, buckwheat, E. apricum var. prostratum myrtifolia, Eriogonum apricum var. Bechtel, in litt. 1994). It occurs (Irish Hill buckwheat) in 1970. apricum and E. apricum var. prostratum primarily on outcrops of the Ione According to the rules for botanical as endangered species. We published a Formation within an area of about 91 nomenclature, when a new variety is notice on July 1, 1975 (40 FR 27823), of square (sq.) km (35 sq. mi) in Amador described in a species not previously our acceptance of the report of the County. In addition, a few disjunct divided into infraspecific taxa, an Smithsonian Institution as a petition populations occur in Calaveras County. autonym (an automatically generated within the context of section 4(c)(2) The populations range in elevation from name) is created. In this case, the (petition provisions are now found in 60 to 580 m (190 to 1900 ft), with the autonym is Eriogonum apricum var. section 4(b)(3) of the Act) and our largest populations occurring at apricum. intention thereby to review the status of elevations between 90 and 280 m (280 Both varieties, Eriogonum apricum the plant taxa named therein. We and 900 ft) (Wood and Parker 1988). vars. apricum and prostratum, are included the above three taxa in the July Arctostaphylos myrtifolia is the perennial herbs in the buckwheat family 1, 1975, notice. On June 16, 1976, we dominant and characteristic species of (Polygonaceae). Eriogonum apricum var. published a proposal (41 FR 24523) to Ione chaparral, where it occurs in pure apricum is glabrous (smooth, without determine approximately 1,700 vascular stands. It also occurs in an ecotone hairs or glands) and grows upright to 8 plant species to be endangered species (transition area between two adjacent to 20 centimeters (cm) (3 to 8 in.) in pursuant to section 4 of the Act. The list ecological communities) with height. Its leaves are basal, round to of 1,700 plant taxa was assembled on surrounding taller chaparral types, but it oval, and 3 to 5 mm (0.1 to 0.2 in.) wide. the basis of comments and data received does not persist if it is shaded (R. The calyx (outer whorl of flower parts) by the Smithsonian Institution and us in Woodward, in litt. 1994). Mining, is white with reddish midribs. response to House Document No. 94–51 disease, clearing of vegetation for Eriogonum apricum var. apricum and the July 1, 1975, Federal Register agriculture and fire protection, habitat flowers from July to October, and is publication. We included fragmentation, residential and restricted to nine occurrences occupying Arctostaphylos myrtifolia, E. apricum commercial development, changes in a total of approximately 4 ha (10 ac) var. apricum, and E. apricum var. fire frequency, and ongoing erosion (The Nature Conservancy (TNC) 1984) prostratum in our June 16, 1976, threaten various populations of this on otherwise barren outcrops within the proposal. plant (CNDDB 1997; Ed Bollinger, Ione chaparral. Of the nine known We summarized general comments we Acting Area Manager, BLM, Folsom occurrences of E. apricum var. apricum, received in response to the 1976

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28405 proposal in an April 26, 1978, rule (43 4(b)(3)(C)(i) of the Act. We reviewed the or commercial data and assumptions FR 17909). The Endangered Species Act finding annually in October of 1983 relating to the taxonomy, population Amendments of 1978 required that we through 1994. status, and supportive biological and withdraw all proposals over 2 years old. We published a proposal to list ecological information for the three The Act gave proposals already more Eriogonum apricum (inclusive of vars. proposed plants. than 2 years old a 1-year grace period. apricum and prostratum) as endangered Only one of the three requested In a December 10, 1979, Federal and to list Arctostaphylos myrtifolia as reviewers provided comments. This Register notice (44 FR 70796), we threatened on June 25, 1997 (62 FR reviewer supported the listing of both withdrew our June 16, 1976, proposal, 34188). We based the proposal on species addressed in this rule and along with four other proposals that had information supplied by reports to the commented specifically on expired. CNDDB, and observations and reports Arctostaphylos myrtifolia. The reviewer We published a notice of review for by numerous botanists. wished to clarify any confusion that plants on December 15, 1980 (45 FR Processing of this final rule conforms readers of the proposed rule may have 82480), that identified those plants with our Listing Priority Guidance for had regarding the taxonomy of A. currently being considered for listing as Fiscal Years 1998 and 1999, published myrtifolia given the numerous name endangered or threatened. We included on May 8, 1998 (63 FR 25502). The changes since 1887. The reviewer Arctostaphylos myrtifolia, E. apricum guidance clarifies the order in which we emphasized that this taxon is distinct var. apricum, and E. apricum var. will process rulemakings giving highest and cannot be confused with any other prostratum as category 1 candidates for priority (Tier 1) to processing manzanita. The numerous name Federal listing in this document. emergency rules to add species to the changes stem from differing opinions Category 1 taxa were those taxa for Lists of Endangered and Threatened among botanists regarding the which we had on file sufficient Wildlife and Plants (Lists); second relationship of this species to other information on biological vulnerability priority (Tier 2) to processing final rules California manzanitas. to add species to the Lists, processing and threats to support preparation of The reviewer stated that proposed rules to add species to the listing proposals but for which we are Arctostaphylos myrtifolia is adapted to Lists, processing administrative findings precluded from issuing proposed rules periodic fire, more specifically, fire on petitions (to add species to the Lists, by higher priority listing actions. Our recurring probably every 5 to 20 years. delist species, or reclassify listed November 28, 1983, supplement to the Recent suppression of the historic fire species), and processing a limited notice of review (48 FR 53640) made no frequency has facilitated the changes to the designation for these number of proposed or final rules to establishment of fungal pathogens taxa. delist or reclassify species; and third contributing to the demise of A. We revised the plant notice of review priority (Tier 3) to processing proposed myrtifolia. The reviewer emphasized again on September 27, 1985 (50 FR or final rules to designate critical that the species could face serious 39526), February 21, 1990 (55 FR 6184), habitat. Processing of this final rule is a decline in the future without proper fire and September 30, 1993 (58 FR 51144). Tier 2 action. In these three notices, we again We updated this rule to reflect any management, that is, controlled burning included Arctostaphylos myrtifolia, changes in distribution, status, and during the appropriate time of the year Eriogonum apricum var. apricum and E. threats that occurred since publication and under proper climatic conditions. apricum var. prostratum as category 1 of the proposed rule and to incorporate We incorporated the comments of the candidates. In our February 28, 1996, information obtained during the public reviewer into the ‘‘Summary of Factors combined animal and plant notice of comment period. This additional Affecting the Species’’ section of this review (61 FR 7596), we discontinued information did not alter our decision to rule. the designation of multiple categories of list the two species. During the comment period, we candidates, and only former category 1 received comments (i.e., letters, phone Summary of Comments and species are now recognized as calls, and facsimiles) from a total of 16 Recommendations candidates for listing purposes. We individuals or agency or group included all three taxa as candidates in In the proposed rule published in the representatives concerning the proposed that notice. June 25, 1997, Federal Register (62 FR rule. Some people submitted more than Section 4(b)(3)(B) of the Act requires 34188), we requested all interested one comment to us. Seven commenters the Secretary to make certain findings parties to submit factual reports or supported the listing, four commenters on pending petitions within 12 months information that might contribute to the opposed the listing, and five of their receipt. Under section 2(b)(1) of development of a final rule. The public commenters were neutral. One the 1982 amendments, all petitions comment period closed on August 25, commenter stated his willingness to pending on October 13, 1982, are treated 1997. We contacted appropriate State work with Amador County, larger as having been newly submitted on that agencies, county and city governments, landowners, including mine operators, date. This was the case for Federal agencies, scientific and us to develop a habitat conservation Arctostaphylos myrtifolia, Eriogonum organizations, and other interested plan for the long-term benefit of both apricum var. apricum and E. apricum parties and requested comments. We species. We organized opposing var. prostratum, because we accepted published a newspaper notice in the comments and other comments the 1975 Smithsonian report as a Calaveras Enterprise on July 8, 1997, the questioning the proposed rule into petition. On October 13, 1982, we found Calaveras Prospect and Stockton Record specific issues. We summarized these that the petitioned listing of these on July 10, 1997, and in the Amador issues and our response to each as species was warranted, but precluded Ledger Dispatch on July 11, 1997, which follows: by other pending listing actions, in invited general public comment. Issue 1: Several commenters accordance with section 4(b)(3)(B)(iii) of In accordance with interagency policy questioned the adequacy and the Act. We published a notice of this published on July 1, 1994 (59 FR completeness of the scientific evidence finding on January 20, 1984 (49 FR 34270), we solicited the expert opinions reported in the proposed rule. 2485). Such a finding requires recycling of three independent and appropriate Commenters stated that listing the two the petition, pursuant to section specialists regarding pertinent scientific plants was premature due to the lack of

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28406 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations comprehensive and current science to occurrence of this species within 1,000 species that can be considered in new support the listing. m (3,280.8 ft) of the Sacramento County reclamation plans.’’ Service Response: In Accordance with line northwest of the city of Carbondale Service Response: We agree that the ‘‘Interagency Cooperative Policy on on the Ione Formation. The Ione residential development poses a Information Standards under the Formation occurs in Sacramento County significant long-term threat to these Endangered Species Act,’’ published in within the general vicinity of the species given the substantial the Federal Register on July 1, 1994 (59 reported sighting. We believe that commercial and residential growth of FR 34271), we impartially review all undocumented populations of E. nearby Sacramento. However, the more scientific and other information to apricum var. apricum likely occur immediate threat to the Ione buckwheat ensure that any information used to within Sacramento County, but given and Ione manzanita is the continued promulgate a regulation to add a species the limited amount of potential habitat extraction of mineral resources from to the list of threatened and endangered in Sacramento County, we do not soils that support these species. Ninety- species is reliable, credible, and believe that these potential occurrences five percent of all lands that support represents the best scientific and represent a significant expansion of the Eriogonum apricum and Arctostaphylos commercial data available. We used overall range of the species, or that they myrtifolia are in private ownership information received from the CNDDB, warrant a change in the status of the subject to ongoing and future mining knowledgeable botanists, and from species. activities. Mining operations are not studies specifically directed at gathering Issue 3: Several commenters stated required under State law to include information on distribution and threats that Eriogonum apricum vars. apricum locally native plants into their to the species addressed in this final and prostratum and Arctostaphylos reclamation plans if these species are rule. We received information from myrtifolia are not restricted to ‘‘laterite’’ not compatible with the desired land Federal, State, and local agencies, and (containing an iron-rich subsoil layer) use of the reclaimed site (e.g., grazing, consulted professional botanists during soils as presented in the proposed rule. water storage, or intensive agriculture). the preparation of the proposed rule. We In addition, several commenters stated For a more detailed description of the documented destruction and loss of that the proposed rule inaccurately threats these species face, see factors A habitat and extirpation of populations of stated that the soil on which the two and D in the ‘‘Summary of Factors these two plants from a variety of species grow was developed during the Affecting the Species’’ section. causes. We sought comments on the Eocene. Issue 5: A few commenters stated that proposed rule from Federal, State, and Service Response: We received there are good opportunities to county entities, species experts, and substantial evidence during the reestablish Arctostaphylos myrtifolia on other individuals. We have incorporated comment period to document that reclaimed mining areas when a natural into the final rule all substantive new Eriogonum apricum vars. apricum and seed source occurs nearby or through data received during the public prostratum and Arctostaphylos the spreading of seeds by mine comment period. Specific information myrtifolia occur on a much wider range operators. received that supports listing the two plant species is summarized in the of substrates than was thought at the Service Response: We are unaware of ‘‘Summary of Factors Affecting the time we prepared the proposed rule. any studies that document successful Species’’ section. However, none of this new information long-term reestablishment of Issue 2: One commenter stated that contradicts the claim that all three taxa Arctostaphylos myrtifolia populations the total extent of known populations of occur predominantly on soils developed on reclaimed mining areas. Mining Eriogonum apricum as cited in the on various strata of the Ione Formation, operations in the Ione area typically proposed rule is incorrect. This or that the plants are restricted to a remove the kaolinitic clay minerals and commenter further stated that there are narrow range in western Amador quartz sand that the species requires for 10 populations of E. apricum alone at County. The relationship between long-term viability. Arctostaphylos the Irish Hill project site. Two substrate and the distribution of these myrtifolia has been shown to reestablish commenters stated that several plants, however strong the correlation, on fire breaks and similar situations populations of E. apricum var. apricum is not the reason we proposed these where the original substrate was not have been discovered growing in plants for listing. The specific threats removed, and plants have also Sacramento County, several miles north these taxa face are identified in the established on waste rock piles. We are of the city of Ione, along the Amador/ ‘‘Summary of Factors Affecting the not aware of any scientific studies on Sacramento County line. Species’’ section. the success of transplanting or seeding Service Response: Neither commenter Issue 4: One commenter stated that the plants under field conditions. provided site-specific information. We the greatest potential threat to Moreover, the long-term viability of the are aware of the 10 populations of E. Eriogonum apricum is residential plants which have established on apricum at the Irish Hill project site; we development. The commenter further disturbed areas is unknown. Attempts to referred to these populations in the stated that well-planned mining with grow both Eriogonum apricum and proposed rule as one occurrence in the reclamation plans that take E. apricum Arctostaphylos myrtifolia off of their ‘‘Discussion of the Two Species’’ into account may be the best chance for specialized substrate have been section. An occurrence may have the species’ survival. Another unsuccessful. Transplanted seedlings of several populations within it. Because commenter asserted that the statement E. apricum grew for only about 3 years we have received only anecdotal reports in the proposed rule that the Ione before dying. Arctostaphylos myrtifolia of new locations, we cannot confirm or buckwheat and Ione manzanita are seedlings have survived only about 10 refute the reports of E. apricum var. imperiled by mining is an inaccurate years (Roger Raiche, Horticulturalist, apricum in Sacramento County. The statement. The same commenter also Univ. of California Botanical Garden, discovery of new populations of E. noted, however, that ‘‘because of Berkeley, in litt. 1997). For a more apricum var. apricum in Sacramento requirements of species diversity and complete discussion on this topic, County, north of the city of Ione, along percent of vegetative cover on mined please see factors D and E in the the Amador/Sacramento County line, lands disturbed since 1976 . . . Ione ‘‘Summary of Factors Affecting the however, is consistent with a verified manzanita and Ione buckwheat are not Species’’ section.

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Issue 6: Two commenters stated that technical assistance. We seek listing provisions of the Act. A species there are adequate regulatory cooperation with private landowners on may be determined to be endangered or mechanisms to protect Eriogonum surveys or other conservation efforts. threatened due to one or more of the apricum vars. apricum and prostratum The complete file for this rule is five factors described in section 4(a)(1). and Arctostaphylos myrtifolia. These available for public inspection, and does These factors and their application to commenters believe that, through contain general information about Arctostaphylos myrtifolia C. Parry (Ione compliance with the California Surface where the species occur. We are always manzanita) and Eriogonum apricum J. Mining and Reclamation Act (SMARA) willing to assist the public in matters Howell (inclusive of vars. apricum and and the California Environmental aimed at protecting sensitive species. prostratum R. Myatt) (Ione buckwheat) Quality Act (CEQA), Amador County See the ‘‘Critical Habitat’’ section for are as follows: has created ordinances and permitting further discussion of our decision not to A. The Present or Threatened procedures that adequately protect these designate critical habitat for these Destruction, Modification, or species. species. Service Response: We believe that the Issue 9: One commenter inquired Curtailment of Their Habitat or Range existing regulatory mechanisms whether private landowners would be Nearly all populations of both plant provided in the State, local, and county allowed to participate in the species occur on private or non-Federal regulations are inadequate to protect development of a recovery plan for land. The primary threat facing both these three plants. Both CEQA and these species. species is the ongoing and threatened SMARA can allow the destruction of Service Response: The recovery destruction and modification of their these three plant taxa without adequate planning process will involve species habitat by mining for silica sand, clay, mitigation or avoidance. For a complete experts, scientists, and interested lignite, common sand and gravel; and discussion on this topic, see factor D in members of the public in accordance reclamation of mined lands involving the ‘‘Summary of Factors Affecting the with the interagency policy on recovery establishment of vegetation with which Species’’ section and the ‘‘Available plans under the Act, published on July these species cannot co-exist. A lesser Conservation Measures’’ section. 1, 1994 (59 FR 34272). The information degree of threat is posed by commercial Issue 7: One commenter stated that and public education needs for or residential development, clearing for listing will inevitably move private successful recovery of these species are agriculture and fire protection, and property into government ownership. many, and we will address these needs continued erosion due to previous Another commenter questioned what in the recovery plan. fireline construction and driver training sorts of activities could continue on Issue 10: One commenter stated that for California Department of Forestry private land should these species be the proposed rule should be withdrawn and Fire Protection (CDFFP) employees. formally listed. because we lack the authority under the The habitat of Arctostaphylos Service Response: The Act does not Commerce Clause of the Constitution to myrtifolia and Eriogonum apricum restrict the damage or destruction of regulate species that are found solely in occurs in areas that contain valuable listed plants due to otherwise lawful one State and are neither harvested for minerals. Clay mining began in the Ione private activities on private land beyond commercial purposes nor transported area around 1860. Since that time, the any level of protection that may be across state lines. Ione area has produced about a third of provided under State law. Listing the Service Response: A recent decision the fire clay in California (Chapman and two species as threatened or endangered in the United States Court of Appeals Bishop 1975). Lignite, a low-grade coal, will not regulate mining or land clearing for the District of Columbia Circuit also has been mined in the Ione area for farming, grazing, or fire protection (National Association of Homebuilders since the early 1860s, initially for fuel, on private land with no Federal v. Babbitt, 130 F. 3d 1041, D.C. Cir. but more recently for wax used for involvement. Other activities that do not 1997) makes it clear in its application of industrial purposes. Chapman and violate the taking prohibitions of section the test used in the United States Bishop (1975) reported the Ione lignites 9(a)(2) of the Act, along with prohibited Supreme Court case, United States v. were the only lignites used activities, are discussed further in the Lopez, 514 U.S. 549 (1995), that commercially in the United States in the ‘‘Available Conservation Measures’’ regulation of species limited to one production of a specialized wax section. Those populations of plant State under the Act is within Congress’ (montan wax). Quartz sand used in species that occur on Federal lands may commerce clause power. On June 22, making glass containers, and laterite or may not be affected by some human 1998, the Supreme Court declined to used for making cement also are activities. If a Federal agency makes the accept an appeal of this case (118 S. Ct. commercially mined in the Ione area determination that an activity may affect 2340 1998). Therefore, our application (Chapman and Bishop 1975). Common a population of a listed plant species, of the Act to Arctostaphylos myrtifolia sands and gravels are also mined for the Federal agency is required to consult and Eriogonum apricum is various uses. Mining of all of these with us on the effects of the proposed constitutional. deposits has resulted in the direct action. removal of habitat for both plant species Issue 8: One commenter questioned Summary of Factors Affecting the (Wood and Parker 1988; V. Thomas how landowners will know if their land Species Parker, Professor of Biology, San uses will affect the three plants if After a thorough review and Francisco State University, in litt. 1994; critical habitat is not designated. consideration of all information M. Wood, in litt. 1994). Strip mining of Service Response: The public has available, we have determined that silica for glass and clay for ceramics and access to general locational information Arctostaphylos myrtifolia should be industrial filters has extirpated (caused on all three of these plants through the classified as a threatened species and extinction of) populations of A. CNDDB. In addition, individuals Eriogonum apricum (inclusive of vars. myrtifolia north and south of Highway owning land in these counties who apricum and prostratum) should be 88 (Roof 1982). believe that their actions or activities classified as an endangered species. We By 1982, a significant amount of may result in harm to one of these followed the procedures found at habitat already had been lost (Roof plants may, if they desire to help section 4(a)(1) of the Act and regulations 1982, Stebbins 1993; M. Wood, in litt. conserve these species, contact us for (50 CFR part 424) implementing the 1994). The exact amount of habitat loss

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28408 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations to date cannot be quantified because This area of about 75 ha (185 ac) is back of partial or entire stands of much information regarding the total proposed to be developed over the next Arctostaphylos myrtifolia throughout its mineral production as well as the total 10 years (Ron Mittlebrunn, Amador range (Wood and Parker 1988; M. Wood, acreage of land newly disturbed by a Council of Economic Development, in litt. 1994). The majority of mining operation is proprietary (M. pers. comm. 1994). Zoning for most populations of A. myrtifolia show signs Showers, pers. comm. 1994). Fifteen lands outside the city of Ione permits a of die-back. The fungal disease is a active surface mines on private land density of one house on 16 ha (40 ac) serious problem for the populations near Ione continue to remove the habitat (Gary Clark, Amador County Planning south of Ione (M. Wood, pers. comm. of both plants; approved reclamation Department, in litt. 1994). Habitat loss 1994). Stands along Highway 88 that plans identify surface removal of greater and degradation outside the city of Ione were healthy a few years ago are than 1,400 ha (3,500 ac) (CDFG 1991, results from development of small apparently being killed with little Mining Reports 1976–1993; V.T. Parker, ranchettes and associated clearing for evidence of seedling regeneration (Neil in litt. 1994; M. Wood, in litt. 1994). fire protection, pastures, buildings, and Havlik, Solano County Farmland and Based on an estimate derived from infrastructure (G. Clark, in litt. 1994). Open Space Foundation, pers. comm. mining reports on file at California Clearing destroys individual plants of 1994). The fungal problems are clearly Department of Geology and Mines, over both species and fragments and due to senescence (extreme aging) of half of the Ione chaparral habitat, degrades the remaining habitat. older individuals and pathogen loads numerous stands of Arctostaphylos Mining operations, land clearing for that build up with crowding and myrtifolia, and most of the occurrences agriculture, and commercial and accumulation of organic debris due to of Eriogonum apricum occur within residential development, have fire suppression (R. Raiche, in litt. areas that will be impacted by the 15 fragmented and continue to fragment 1997). To learn more about the mines (Mining Reports 1976–1993). and isolate the habitat of Arctostaphylos management needs of A. myrtifolia, Mining has eliminated several myrtifolia in Amador County. Habitat Wood and Parker conducted a series of populations of A. myrtifolia south of fragmentation may disrupt natural controlled burns to test the regeneration Ione since 1990 (V.T. Parker, in litt. ecosystem processes by changing the of stands that had no, partial, and 1994). If approved, the East Lambert amount of incoming solar radiation, complete die-back. Stands that the Project, a proposed open pit to mine water, wind, and/or nutrients (Saunders fungus completely killed before burning clay, lignite, and silica, would remove et al. 1991), and further exacerbates the did not regenerate. Healthy and partially part of a population of A. myrtifolia. impacts of mining, off-road vehicle use, affected stands regenerated, but study Clay mining threatens one of the two and other human activities. results did not determine whether this remaining occurrences of E. apricum Training activities by the CDFFP regeneration will result in healthy var. prostratum (CDFG 1991). The caused the degradation of the stands (M. Wood, in litt. 1994). second occurrence is not protected and population of Arctostaphylos myrtifolia D. The Inadequacy of Existing potentially could be mined (CDFG occurring on the BLM Ione Manzanita Regulatory Mechanisms 1991). Most of the nine occurrences of ACEC. Building firelines and E. apricum var. apricum occur on conducting driver training courses Eriogonum apricum vars. apricum private land that is not protected and resulted in a criss-crossing of roads and and prostratum are listed as endangered could be mined. trails within the ACEC that reduced and under the California Endangered As discussed in factor D of this fragmented the habitat (BLM 1989). Species Act (CESA) (chapter 1.5 section section, mining results in conversion of Although these practices were 2050 et seq. of the California Fish and former habitat to rangeland, pasture, discontinued in 1991, the roads have Game Code and Title 14 California Code and other agricultural uses; landowners not revegetated naturally, and continued of Regulations 670.2). Individuals are do not restore the original plant erosion of the roads and adjacent habitat required to obtain a management community that was lost when the area remains a concern (E. Bollinger, in litt. authorization from CDFG to possess or was mined. Additionally, once the area 1994). The BLM has requested our ‘‘take’’ a listed species under the CESA. is mined, the specialized substrate technical assistance regarding the Although the ‘‘take’’ of State-listed required by the plants may no longer be restoration of A. myrtifolia to the ACEC plants is prohibited (California Native present. This type of disturbance (E. Bollinger, in litt. 1994). Plant Protection Act, chapter 10 sec. permanently precludes restoration of 1908 and CESA, chapter 1.5 sec. 2080), habitat suitable for Arctostaphylos B. Overutilization for Commercial, State law exempts the taking of such myrtifolia and Eriogonum apricum. To a Recreational, Scientific, or Educational plants via habitat modification or land lesser extent, land conversion to grazing Purposes use changes by the owner. This State and agriculture also has degraded or Overutilization is not currently law does not necessarily prohibit destroyed the habitat for these plants known to be a factor for the two plants. activities that could extirpate this (Wood and Parker 1988; V.T. Parker, in However, increased publicity from the species. After CDFG notifies a litt. 1994; M. Wood, in litt. 1994). Both proposed and final listing rules may landowner that a State-listed plant activities continue to pose threats to the result in unrestricted collecting of grows on his or her property, State law habitat of the subject plant taxa. Eriogonum apricum for scientific or requires only that the landowner notify Commercial and residential horticultural purposes or excessive the agency ‘‘at least 10 days in advance development also threatens the habitat visits (and possibly trampling) by of changing the land use to allow of Arctostaphylos myrtifolia. In 1993, a individuals interested in seeing rare salvage of such a plant’’ (Native Plant 43 ha (106 ac) parcel in the city of Ione plants. Protection Act, chapter 10 sec. 1913). reported to have A. myrtifolia was Ten days may not allow adequate time cleared, presumably to facilitate future C. Disease or Predation for agencies to coordinate the salvage of development (Randy L. Johnsen, Ione Livestock graze where one population the plants. Moreover, salvage is an City Administrator, in litt. 1994). The of Eriogonum apricum var. prostratum outdated and biologically inappropriate Amador County master plan has zoned occurs, but grazing is not considered as mitigation that is inconsistent with an area in the northern Ione chaparral harmful (CNDDB 1997). An unidentified measures implemented through section near Carbondale for industrial uses. fungal pathogen has caused major die- 7 of the Act. California Senate Bill 879,

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28409 passed in 1997 and effective January 1, chapter 9 sec. 2710 et seq.) requires cubic yards) in any location of 0.4 ha (1 1998, requires individuals to obtain a preventing or minimizing adverse ac) or less. section 2081(b) permit from CDFG to environmental effects and reclaiming In addition, SMARA is also take a listed species incidental to mined lands to a useable condition that inadequate for protection of these otherwise lawful activities, and requires is readily adaptable for alternative land species because reclamation plans are full mitigation of all impacts and uses. Although SMARA requires required to be submitted only for successful implementation of all reclamation for mining activities, the operations conducted after January 1, measures feasible. The ability of these standards for reclamation and the 1976. Surface mining operations that requirements to protect species has not success of any revegetation is judged on were permitted or authorized prior to been tested, and we will need several the approved end use of the land. January 1, 1976, are not required to years to evaluate their effectiveness in Approved examples of these end uses submit reclamation plans as long as no conserving species. for mining activities within the Ione substantial changes are made in their The California Environmental Quality area include water storage for irrigation, operation. The lead agency is Act of the California Public Resources grazing, rangeland, seeding with grasses responsible for determining what Code (chapter 2 sec. 21050 et seq.) for pasture, and intensive agriculture constitutes a substantial change in requires a full disclosure of the potential (Mining Reports 1976–1993). SMARA operation. Although the city of Ione General Plan environmental impacts of proposed does not require replacement of the and the Environmental Impact Report of projects. The public agency with same vegetation type, species, or the Banks annexation to the city of Ione primary authority or jurisdiction over percentage of vegetation cover as the includes the protection of the project is designated as the lead habitat that is lost. No approved mining agency and is responsible for Arctostaphylos myrtifolia and reclamation plans included measures to conducting a review of the project and Eriogonum apricum as a goal, the City attempt restoration of either consulting with the other agencies has no regulatory mechanism to stop Arctostaphylos myrtifolia or Eriogonum concerned with the resources affected land clearing and/or preserve natural apricum or the Ione chaparral plant by the project. Section 15065 of the habitat (R. Johnsen, in litt. 1994). The community, although one plan CEQA guidelines, now undergoing County of Amador has taken steps indicated an intention to allow A. amendment, requires a finding of toward protecting rare plants that grow myrtifolia, known to occur on the site, significance if a project has the potential along Ione area roadsides through the to re-establish itself (Mining Reports to ‘‘reduce the number or restrict the designation of surveyed sites as range of a rare or endangered plant or 1976–1993). We received a description Environmentally Sensitive Areas. The animal.’’ Species that are eligible for of a reclamation project during the California Department of Transportation listing as rare, threatened, or public comment period on the proposed (Caltrans) has also designated a segment endangered are given the same rule (Mike Kizer, Ione Minerals & of State Route 88 near Ione as a protection as species officially listed Refractories, in litt. 1997). An area Botanical Management Area (Hartwell under the State or Federal governments. previously stripped of all soil, 1997). Caltrans manages this segment to Once significant effects are identified, vegetation, and overburden is contoured encourage regrowth of native plants that the lead agency has the option of to a 3:1 slope. All vegetation growing on grow on the highway right-of-way requiring mitigation for effects through another area where A. myrtifolia is (Hartwell 1997). changes in the project or deciding that growing is crushed with a bulldozer. Two preserves support occurrences of overriding considerations make The crushed vegetation and soil is Arctostaphylos myrtifolia and mitigation infeasible. In the latter case, scraped and spread directly on the Eriogonum apricum var. apricum. The the State may approve projects that newly established slope. The site is then Apricum Hill Ecological Reserve, cause significant environmental seeded with a mixture of non-native managed by the CDFG, is about 15.2 ha damage, such as the destruction of legumes and grasses and fertilized and (37.5 ac). The Ione Manzanita ACEC, State-listed endangered species. The limed. Mulch is then applied for erosion managed by BLM, covers 35 ha (86 ac). protection of Eriogonum apricum var. control. Based on this description of Both preserves provide some protection apricum, E. apricum var. prostratum, what is presumably a typical of three occurrences of A. myrtifolia and and Arctostaphylos myrtifolia under reclamation project, we maintain that one occurrence of E. apricum var. CEQA is, therefore, dependent upon the land reclamation under SMARA apricum; however, they are small sites discretion of the lead agency. establishes only a goal of revegetation of and subject to edge effects such as Section 21080(b) of CEQA allows the site without regard to the original shading by taller shrubs or competition certain projects to be exempted from the species composition and structure, not with invasive vegetation (see factors A CEQA process. The State may approve restoration of the original plant and E of this section for more detail). or carry out ministerial projects, those community that was lost when the area projects that the public agency must was mined. Even though such efforts E. Other Natural or Manmade Factors approve after the applicant shows may result in the reestablishment of A. Affecting Its Continued Existence compliance with certain legal myrtifolia on reclaimed sites, they are The effects on Arctostaphylos requirements, without undertaking inadequate to meet the purpose of the myrtifolia of changing the frequency of CEQA review. Examples of ministerial Act, as stated in section 2(b), to occurrence of fire have not been well- projects include final subdivision map ‘‘provide a means whereby the studied. Arctostaphylos myrtifolia lacks approval and most building permits ecosystems upon which endangered the ability to crown sprout and is killed (Bass and Herson 1994). In addition, species and threatened species depend outright by fire. It must, therefore, recent proposed revisions to CEQA may be conserved.’’ Moreover, SMARA reproduce by seed. Roof (1982) and guidelines, if made final, may weaken does not apply to many activities, Woodward (in litt. 1994) reported protection for threatened, endangered, including the prospecting or extraction abundant post-fire seed germination. and other sensitive species. of minerals for commercial purposes, or Woodward also reported successful The California Surface and Mining the removal of material that lies above reestablishment of the species on Reclamation Act (SMARA) of 1975 or between natural mineral deposits in ground scraped by tractors during a fire (California Public Resources Code amounts less than 764.6 cubic m (1,000 suppression operation. The response of

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A. myrtifolia to fire appears, however, to in litt. 1994). Arctostaphylos viscida fire frequency. Although A. myrtifolia be irregular and unpredictable (Wood (white-leaf manzanita), a more rapidly faces many of the same threats as E. and Parker 1988). growing, taller manzanita, encroaches apricum, the significantly wider range Wood reports fire suppression results along the edge of stands of A. myrtifolia. and greater number of populations and in stand die-off without regeneration Arctostaphylos myrtifolia is eliminated individuals of A. myrtifolia moderate (M. Wood, in litt. 1994). Scientists have when A. viscida grows tall enough to the threats. Thus, A. myrtifolia is not observed mature individuals in well- shade it (M. Wood, pers. comm. 1994; now in danger of extinction throughout established, undisturbed natural stands R. Woodward, in litt. 1994). This is not a significant portion of its range, as is E. die. The species appears to have a low likely to be a significant threat to the apricum, but is likely to become regenerative potential in closed stands species, however, because most stands endangered within the foreseeable (Wood and Parker 1988). Individual occur on substrates from which taller future. Therefore, the preferred action is plants are thought to live not much shrubs are excluded. to list A. myrtifolia as threatened. longer than 50 years (Gankin and Major As discussed in factor A, habitat 1964). Individuals maintained in fragmentation may alter the physical Critical Habitat cultivation for many years have died environment. Plant species may Section 3 of the Act defines critical suddenly for no apparent reason (S. disappear from chaparral fragments that habitat as: (i) the specific areas within Edwards, cited in Wood and Parker are from 10 to 100 ha (24.7 to 247 ac) the geographical area occupied by a 1988). in size due to persistent disturbance and species, at the time it is listed in Fire, therefore, appears to be potentially due to change in fire accordance with the Act, on which are necessary for the long-term maintenance frequency (Soule´ et al. 1992). In found those physical or biological of the Ione chaparral community. addition, habitat fragmentation features (I) essential to the conservation Controlled burning may be a viable increases the risks of extinction due to of the species and (II) that may require means of ensuring adequate random environmental, demographic, or special management consideration or reproduction of Arctostaphylos genetic events (Soule´ et al. 1992). The protection; and (ii) specific areas myrtifolia, or perhaps even controlling two, small, isolated populations of outside the geographical area occupied or preventing loss due to the fungal Eriogonum apricum var. prostratum, by a species at the time it is listed, upon pathogen (V.T. Parker, in litt. 1994; M. makes random extinction more likely. a determination that such areas are Wood, in litt. 1994). Field observations Chance events, such as disease essential for the conservation of the and controlled experiments to date, outbreaks, reproductive failure, species. ‘‘Conservation,’’ as it is defined however, suggest exercising caution in extended drought, landslides, or a in section 3(3) of the Act, means the use the use of fire until the reasons for the combination of several such events, of all methods and procedures needed variability in the response of A. could destroy part of a single population to bring the species to the point at myrtifolia are better understood. or entire populations. A local which listing under the Act is no longer Progress toward better understanding of catastrophe also could decrease a necessary. the response of A. myrtifolia to fire was population to so few individuals that Section 4(a)(3) of the Act, as thwarted when long term study sites the risk of extirpation due to genetic and amended, and implementing regulations established to study this response were demographic problems inherent to small (50 CFR 424.12) require that, to the graded and cleared by the landowner populations would increase. maximum extent prudent and (V.T. Parker, in litt. 1994; M. Wood, in We have carefully assessed the best determinable, the Secretary designate litt. 1994). scientific and commercial information critical habitat at the time the species is Reestablishment on mined areas may available regarding the past, present, determined to be endangered or be difficult for the Ione chaparral plant and future threats faced by these species threatened. The regulations (50 CFR community in general, and for in making this final determination. 424.12(a)(2)) state that designation of Arctostaphylos myrtifolia in particular, Eriogonum apricum (inclusive of vars. critical habitat is not determinable when due to a lack of the required specialized apricum and prostratum) is verified one or both of the following situations substrate and an absence of proven from 11 occurrences on approximately exist—(1) information sufficient to propagation methods (E. Bollinger, in 4.4 ha (11 ac) in Amador County, perform required analysis of the impacts litt. 1994). Researchers have attempted a California. The species is endangered by of the designation is lacking, or (2) the variety of germination and seed bank mining, clearing of vegetation for biological needs of the species are not experiments on A. myrtifolia without agriculture and for fire protection, sufficiently well known to permit success (Wood and Parker 1988). Others inadequate regulatory mechanisms, identification of an area as critical have also attempted to cultivate the habitat fragmentation, residential and habitat. The regulations (50 CFR species with little or no success (R. commercial development, ongoing 424.12(a)(1)) state that designation of Gankin, cited in Wood and Parker erosion, and random events. Eriogonum critical habitat is not prudent when one 1988). Although the plant has a limited apricum is in danger of extinction or both of the following situations capacity to root from its lower branches, throughout all or a significant portion of exist—(1) the species is threatened by Roof (1982) reported that he was its range and the preferred action is, taking or other human activity, and unaware of even a single plant that had therefore, to list it as endangered. identification of critical habitat can be been grown or cultivated from a rooted Arctostaphylos myrtifolia is reported expected to increase the degree of threat branch. The only report of successful from 17 sites, and estimated to occur in to the species, or (2) such designation of cultivation indicates that the plant a total of about 100 stands covering critical habitat would not be beneficial requires high soil-acidity and heavy about 404.7 ha (1,000 ac) in Amador to the species. supplements of soluble aluminum (Roof County, with a few occurrences in We find that designation of critical 1982). Calaveras County. It is threatened by habitat is not prudent for Throughout its range, on habitat edges mining, disease, clearing of vegetation Arctostaphylos myrtifolia and where better soil development occurs, for agriculture and for fire protection, Eriogonum apricum, because of Arctostaphylos myrtifolia is being out- inadequate regulatory mechanisms, increased degree of threat to each competed by other native vegetation (M. habitat fragmentation, increased species and lack of benefit. The Wood, pers. comm. 1994; R. Woodward, residential development, and changes in detriment to the species outweighs any

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28411 benefit that such designation may apricum is especially vulnerable to designated. Regulations implementing provide. The reasons for not designating impacts from loss of individuals or this interagency cooperation provision critical habitat for these species is habitat damage due to vandalism. of the Act are codified at 50 CFR part discussed below. The publication of precise maps and 402. Section 7(a)(4) of the Act requires All three occurrences of descriptions of critical habitat in the Federal agencies to confer with us on Arctostaphylos myrtifolia on Federal Federal Register, as required for the any action that is likely to jeopardize lands are managed by the BLM; one of designation of critical habitat, however, the continued existence of a species these occurrences lies within the Ione would further increase the degree of proposed for listing or result in Manzanita ACEC. On Federal lands, threat to these species from vandalism destruction or adverse modification of modification of occupied habitat by any and could contribute to their decline by proposed critical habitat. If we action authorized by the BLM is making locational information readily subsequently list a species, section unlikely to occur without consultation available. Critical habitat designation 7(a)(2) requires Federal agencies to under section 7 of the Act because BLM requires publication of proposed and ensure that activities they authorize, managers are well-aware of the presence final rules in the Federal Register fund, or carry out are not likely to and locations of A. myrtifolia (BLM including both maps and specific jeopardize the continued existence of 1989; E. Bollinger, in litt. 1994). descriptions of critical habitat using the species or to destroy or adversely Establishment of the ACEC indicates reference points and lines that can be modify its critical habitat. If a Federal that the BLM will give the protection of matched to standard topographic maps action may affect a listed species or its the rare plant community on this parcel of the area (see 16 U.S.C. critical habitat, the responsible Federal the highest priority in all management 1533(b)(5)(A)(I) and (6)(A); 50 CFR agency must enter into formal decisions (E. Bollinger, in litt. 1994). 424.12(c), 424.16(a) and 424.18(a)). consultation with us. The BLM prohibits grazing in the ACEC, Once published in the Federal Register, Almost all of the occurrences for both and has implemented erosion control proposed and final rules are readily species are on private land. Three measures on an off-road vehicle course available over the Internet, where occurrences of Arctostaphylos myrtifolia previously used by CDFFP. In addition, complete copies, including maps, may and one occurrence of Eriogonum the BLM has functionally withdrawn be downloaded. The Act also requires apricum var. apricum exist entirely or the ACEC and other habitats known to us to publish a notice of any critical partially on Federal land managed by be occupied by the species from mineral habitat proposal in a newspaper of the BLM. Other potential Federal entry (E. Bollinger, in litt. 1994; Al general circulation and hold a public involvement includes the construction Franklin, Botanist, BLM, Folsom hearing upon request (16 U.S.C. and maintenance of roads and highways Resource Area, pers. comm. 1998) and 1533(b)(5)(D) and (E)). While the listing by the Federal Highway Administration has developed a management plan for process provides the public with general (two populations of E. apricum var. the ACEC (BLM 1989). The BLM has information about the habitat of a apricum occur along rights-of-way also authorized experimental species and where a species might occur owned by Caltrans). transplantation studies on the ACEC in general terms, critical habitat Listing these two plant species would (Garland 1997). We believe, therefore, designation makes more specific provide for development of a recovery that designation of critical habitat on locational information readily available plan (or plans) for them. Such plan(s) Federal land would confer no additional to any would-be vandal. would bring together both State and benefit to the species beyond that which We find, therefore, that the increased Federal efforts for conservation of the is already afforded by current degree of threat to Arctostaphylos plants. The plan(s) would establish a management. myrtifolia and Eriogonum apricum from framework for agencies to coordinate Arctostaphylos myrtifolia faces vandalism and habitat destruction activities and cooperate with each other human-caused threats (see factors A and outweigh any benefits that might derive in conservation efforts. The plan(s) E in ‘‘Summary of Factors Affecting the from the designation of critical habitat. would set recovery priorities and Species’’ section) and occurs estimate costs of various tasks necessary Available Conservation Measures predominately on private lands. to accomplish them. It also would Vandalism of A. myrtifolia has already Conservation measures provided to describe site-specific management occurred. A 43-hectare (106-acre) parcel species listed as endangered or actions necessary to achieve of land previously identified in a public threatened under the Act include conservation and survival of the two document as occupied habitat for this recognition, recovery actions, plants. Additionally, pursuant to section species was cleared in 1993, presumably requirements for Federal protection, and 6 of the Act, we would be more likely to facilitate future development (R. prohibitions against certain activities. to grant funds to affected States for Johnsen, in litt. 1994). A second Recognition through listing encourages management actions promoting the incident of vandalism occurred in July and results in conservation actions by protection and recovery of these species. 1997 shortly after the proposed listing Federal, State, local agencies, private The Act and its implementing rule was published in the Federal organizations, and individuals. The Act regulations set forth a series of general Register (Garland 1997). In this second provides for possible land acquisition prohibitions and exceptions that apply incident, unknown vandals destroyed a and cooperation with the States and to all endangered or threatened plants. scientific propagation study plot for A. requires development of recovery plans All prohibitions of section 9(a)(2) of the myrtifolia on lands managed by the for all listed species. We discuss the Act, implemented by 50 CFR 17.61 for BLM. protection required of Federal agencies endangered plants and 17.71 for Eriogonum apricum is known from and the prohibitions against certain threatened plants, apply. These only 11 verified populations covering an activities involving listed plants below. prohibitions, in part, make it illegal for estimated total of 4.5 ha (11 ac) of Section 7(a) of the Act requires any person subject to the jurisdiction of habitat. Eriogonum apricum occurs in Federal agencies to evaluate their the United States to import or export, the same general area and on similar actions with respect to any species that transport in interstate or foreign substrates as Arctostaphylos myrtifolia is proposed or listed as endangered or commerce in the course of a commercial which has been vandalized as described threatened and with respect to its activity, sell or offer for sale in interstate above. Because of its few populations, E. critical habitat, if any is being or foreign commerce, or remove and

VerDate 06-MAY-99 16:08 May 25, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.XXX pfrm01 PsN: 26MYR1 28412 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations reduce the species to possession from (including irrigation) around one’s those already approved under the areas under Federal jurisdiction. In personal residence. Direct questions Paperwork Reduction Act, 44 U.S.C. addition, for plants listed as regarding whether specific activities 3501 et seq., and assigned Office of endangered, the Act prohibits malicious will constitute a violation of section 9 Management and Budget clearance damage or destruction on areas under to the Field Supervisor of the number 1018–0094. An agency may not Federal jurisdiction, and the removal, Sacramento Field Office (see ADDRESSES conduct or sponsor, and a person is not cutting, digging up, or damaging or section). required to respond to, a collection of destroying of such plants in knowing The Act and 50 CFR 17.62 (for information unless it displays a violation of any State law or regulation, endangered plants) and 17.72 (for currently valid control number. For including state criminal trespass law. threatened plants) also provide for the additional information concerning Section 4(d) of the Act allows for the issuance of permits to carry out permit and associated requirements for provision of such protection to otherwise prohibited activities endangered and threatened plants, see threatened species through regulation. involving endangered or threatened 50 CFR 17.62 and 17.72. This protection may apply to plants under certain circumstances. Arctostaphylos myrtifolia in the future if Such permits are available for scientific References Cited purposes and to enhance the regulations are promulgated. Seeds from A complete list of all references cited propagation or survival or the species. cultivated specimens of threatened herein is available upon request from For threatened plants, permits also are plants are exempt from these the Field Supervisor, Sacramento Field available for botanical or horticultural prohibitions provided that their Office (see ADDRESSES section). containers are marked ‘‘Of Cultivated exhibition, educational purposes, or Origin’’ on the shipping containers. special purposes consistent with the Author. The primary authors of this Certain exceptions to the prohibitions purposes of the Act. It is anticipated final rule are Kirsten Tarp and Jason apply to our agents and agents of State that few trade permits would ever be Davis, Sacramento Field Office (see conservation agencies. sought or issued for Arctostaphylos ADDRESSES section). myrtifolia and Eriogonum apricum, It is our policy (59 FR 34272) to List of Subjects in 50 CFR Part 17 identify to the maximum extent because these species are not common practicable at the time a species is listed in cultivation or in the wild. You can Endangered and threatened species, those activities that would or would not obtain copies of the regulations Exports, Imports, Reporting and constitute a violation of section 9 of the regarding listed species and inquire recordkeeping requirements, Act. The intent of this policy is to about prohibitions and permits by Transportation. contacting the U.S. Fish and Wildlife increase public awareness of the effect Regulations Promulgation of the listing on proposed and ongoing Service, Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon activities within a species’ range. Less 97232–4181 (telephone 503/231–2063; For the reasons given in the preamble, than five percent of the occurrences of facsimile 503/231–6243). we amend 50 CFR part 17 as set forth the two species occur on public below: (Federal) lands. Collection, damage, or National Environmental Policy Act destruction of these species on Federal We have determined that PART 17Ð[AMENDED] lands is prohibited, although in Environmental Assessments and appropriate cases a Federal endangered Environmental Impact Statements as 1. The authority citation for part 17 species permit may be issued to allow defined under the authority of the continues to read as follows: collection for scientific or recovery National Environmental Policy Act of Authority: 16 U.S.C. 1361–1407; 16 U.S.C. purposes. Such activities on non- 1969, need not be prepared in 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Federal lands would constitute a connection with regulations adopted 625, 100 Stat. 3500, unless otherwise noted. violation of section 9 when conducted pursuant to section 4(a) of the Act. We in knowing violation of California State published a notice outlining our reasons 2. In § 17.12(h) add the following to law or regulations or in violation of for this determination in the Federal the List of Endangered and Threatened State criminal trespass law. Register on October 25, 1983 (48 FR Plants in alphabetical order under Activities that are unlikely to violate 49244). ‘‘FLOWERING PLANTS:’’ section 9 include light to moderate § 17.12 Endangered and threatened plants. livestock grazing, clearing a defensible Paperwork Reduction Act space for fire protection around one’s This rule does not contain any new * * * * * personal residence, and landscaping collections of information other than (h) * * *

SPECIES Historic Range Family Status When listed Critical habi- Special Scientific name Common Name tat rules

FLOWERING PLANTS

******* Arctostaphylos Ione manzanita ...... U.S.A. (CA) ...... EricaceaeÐHeath .. T 661 NA NA myrtifolia.

******* Eriogonum apricum Ione buckwheat U.S.A. (CA) ...... PolygonaceaeÐ E 661 NA NA (=Irish Hill buck- Buckwheat. wheat).

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SPECIES Historic Range Family Status When listed Critical habi- Special Scientific name Common Name tat rules

(inclusive of vars. apricum and prostratum).

*******

Dated: April 16, 1999. aboriginal subsistence use of bowhead in this paragraph for its native group are Jamie Rappaport Clark, whales from the Bering-Chukchi- not exceeded. The two sides plan to Director, U.S. Fish and Wildlife Service. Beaufort Seas stock, and gray whales confer on monitoring of the 2000 quota, [FR Doc. 99–13250 Filed 5–25–99; 8:45 am] from the Eastern stock in the North including any strikes that may be BILLING CODE 4310±55±P Pacific. The bowhead quota was based carried forward from 1999. The AEWC on a joint request by the United States will allocate these strikes among the 10 and the Russian Federation, villages whose cultural and subsistence DEPARTMENT OF COMMERCE accompanied by documentation needs have been documented in past concerning the needs of 2 Native requests for bowhead quotas from the National Oceanic and Atmospheric groups, Alaska Eskimos and Chukotka IWC. Administration Natives in the Russian Far East. The The IWC also set a 5-year block quota gray whale quota was also based on a (1998 through 2002) of 620 gray whales, CFR Part 230 joint request by the Russian Federation with an annual cap of 140 animals [I.D. 012099C] and the United States, again with taken. The IWC regulation does not documentation of the needs of 2 Native address the number of allowed strikes. Whaling Provisions: Aboriginal groups, the Chukotka Natives and the The requested quota and accompanying Subsistence Whaling Quotas Makah Indian Tribe in Washington documentation assumed an average State. AGENCY: National Marine Fisheries annual harvest of 120 whales by the These actions by the IWC thus Chukotka people and an average annual Service (NMFS), National Oceanic and authorized aboriginal subsistence Atmospheric Administration (NOAA), harvest of 4 whales by the Makah Indian whaling by the AEWC for bowhead Tribe. Commerce. whales and by the Tribe for gray whales. The United States and the Russian ACTION: Notification of aboriginal The harvests will be conducted in Federation are concluding an subsistence whaling quotas. accordance with cooperative agreements arrangement to ensure that the block between NOAA and the AEWC, and SUMMARY: NMFS announces aboriginal quota and annual cap for gray whales between NOAA and the Makah Tribal subsistence whaling quotas and other are not exceeded. So that the 1999 quota Council (Council); these agreements are limitations deriving from regulations of gray whales is not exceeded, the the means by which NOAA recognizes adopted at the 1997 Annual Meeting of bilateral arrangements concluded that the AEWC and the Tribe as Native the International Whaling Commission the Makah Indian Tribe may take no American whaling organizations under (IWC). For 1999, the quotas are 75 more than five gray whales, and the 50 CFR part 230. bowhead whales struck, and 5 gray Russian natives may take no more than whales landed. These quotas and other Quotas 135 gray whales. Each side will ensure limitations will govern the harvest of The IWC set a 5-year block quota of that the numbers specified in this bowhead whales by members of the 280 bowhead whales landed. For each paragraph for its native group are not Alaska Eskimo Whaling Commission of the years 1998 through 2002, the exceeded. The two sides plan to confer (AEWC) and the harvest of gray whales number of bowhead whales struck may on monitoring of the 2000 quota. by members of the Makah Indian Tribe not exceed 67, except that any unused Thus, in accordance with this (Tribe). portion of a strike quota from any year, bilateral arrangement and the agreement DATES: Effective May 26, 1999. including 15 unused strikes from the between NOAA and the Council, the ADDRESSES: International Fisheries 1995–1997 quota, may be carried Makah hunters will take no more than Division, National Marine Fisheries forward. No more than 15 strikes may be 5 gray whales in any 1 year. The Service, 1315 East West Highway, Silver added to the strike quota for any 1 year. Council will manage the harvest to use Spring, MD 20910. At the end of the 1998 harvest, there no more than 33 strikes over the 5-year FOR FURTHER INFORMATION CONTACT: were 15 unused strikes available for period, and will take measures to ensure Catherine Corson, (301) 713–2276. carry-forward, so the combined strike that the overall ratio of struck whales to SUPPLEMENTARY INFORMATION: Aboriginal quota for 1999 is 82 (67 + 15). landed whales does not exceed 2:1. subsistence whaling in the United States The United States and the Russian Because the U.S. request for a gray is governed by the Whaling Convention Federation are concluding an whale quota was not based on the needs Act, (16 U.S.C. 916 et seq.) which arrangement to ensure that the total of separate whaling villages, but rather requires the Secretary of Commerce quota of bowhead whales landed and on the needs of the Tribe as a whole, the (Secretary) to publish, at least annually, struck will not exceed the quotas set by Council will allocate the quota among aboriginal subsistence whaling quotas the IWC. So that the 1999 quota of whaling captains to whom permits have and any other limitations on aboriginal bowhead strikes is not exceeded, the been issued. subsistence whaling deriving from Russian natives may use no more than Other Limitations regulations of the IWC. 7 strikes, and the Alaska Eskimos may At the 1997 Annual Meeting of the use no more than 75 strikes. Each side The IWC regulations, as well as the IWC, the Commission set quotas for will ensure that the numbers specified NOAA rule at 50 CFR 230.4(c), forbid

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Proposed Rules Federal Register Vol. 64, No. 101

Wednesday, May 26, 1999

This section of the FEDERAL REGISTER fund through the maintenance of a one shares at the end of the insurance year, contains notices to the public of the proposed percent deposit by each insured credit or such lower value as established by issuance of rules and regulations. The union, payment of an insurance the action of the NCUA Board. The purpose of these notices is to give interested premium, and distribution of fund proposed rule defines normal operating persons an opportunity to participate in the equity. CUMAA also adds provisions level as an equity ratio, determined by rule making prior to the adoption of the final rules. concerning the NCUSIF’s equity ratio the NCUA Board, from 1.2% to 1.5% at and available assets ratio. The the end of the calendar year. As amendments will become effective required by CUMAA, the proposed rule NATIONAL CREDIT UNION January 1, 2000. Accordingly, NCUA is removes the definition for ‘‘insurance ADMINISTRATION proposing to revise § 741.4 to year.’’ The proposed rule adds a new implement the provisions of section 302 definition for ‘‘reporting period’’ 12 CFR Part 741 of CUMAA. meaning calendar year for credit unions with total assets of less than $50 million B. Section by Section Analysis Requirements for Insurance and semiannual period for credit unions Section 741.4(a) Scope with total assets of $50 million or more. AGENCY: National Credit Union The scope of the proposed rule is to To aid understanding of the new Administration (NCUA). definitions for available assets ratio and ACTION: Proposed rule. implement the requirements of Section 202 of the Federal Credit Union Act, as equity ratio, the proposed rule contains a representation of the calculations in SUMMARY: amended by CUMAA. CUMAA provides NCUA is proposing to revise the style of a mathematical formula. its rules concerning capitalization of the for payment of an insurance premium share insurance fund through the not more than twice in any calendar Section 741.4(c) One Percent Deposit maintenance of a deposit by each year, rather than annually, as under the This proposed paragraph incorporates insured credit union, payment of an current rule. Therefore, the NCUA the provision of CUMAA that requires insurance premium, and equity proposes to change the reference in this the NCUA to adjust the deposit amount distribution. NCUA is proposing these paragraph from ‘‘payment of an annual semiannually for insured credit unions revisions to conform its regulation with insurance premium’’ to ‘‘payment of an with assets of $50 million or more, recent changes to the Federal Credit insurance premium.’’ while retaining the annual adjustment Union Act. Section 741.4(b) Definitions requirement for credit unions with less DATES: The NCUA must receive than $50 million in assets. If the In this paragraph, the NCUA proposes comments on or before July 26, 1999. aggregate amount of insured shares of to incorporate CUMAA’s definitions for ADDRESSES: Direct comments to Becky the credit union has increased, the the following terms: ‘‘available assets adjustment will be an increase in the Baker, Secretary of the Board. Mail or ratio,’’ ‘‘equity ratio,’’ ‘‘insured shares,’’ hand-deliver comments to: National deposit amount. If the aggregate amount and ‘‘normal operating level.’’ The terms of insured shares of the credit union has Credit Union Administration, 1775 ‘‘available assets ratio’’ and ‘‘equity Duke Street, Alexandria, Virginia decreased, the adjustment will be a ratio’’ are new to the regulation. The refund to the credit union. 22314–3428, or you may fax comments proposed rule changes some words in to (703) 518–6319. Please send the definitions for ‘‘available assets Section 741.4(d) Insurance Premiums comments by one method only. ratio’’ and ‘‘equity ratio’’ from CUMAA This proposed paragraph incorporates FOR FURTHER INFORMATION CONTACT: to be consistent with GAAP CUMAA’s provision that, as of January Dennis C. Winans, Chief Financial terminology. Department of Treasury 1, 2000, insured credit unions will pay Officer, Office of the Chief Financial staff with whom NCUA staff discussed an insurance premium to the NCUA not Officer, at the above address or these wording changes supports them. more than twice in any calendar year, telephone: (703) 518–6570; or Regina M. Under the proposed rule, after January on the dates the Board determines. Metz, Staff Attorney, Division of 1, 2000, the NCUA will calculate the Under the current rule effective until Operations, Office of General Counsel, available assets ratio and equity ratio to January 1, 2000, all insured credit at the above address or telephone: (703) determine whether to approve an unions must pay to the NCUA an annual 518–6540. annual distribution of NCUSIF equity to insurance premium of 1⁄12 of one SUPPLEMENTARY INFORMATION: insured credit unions, and if so, the percent of insured shares, unless the amount. Under the proposed rule, the NCUA Board waives the premium. A. Background NCUA will also use the equity ratio to As required by CUMAA, the proposed The Credit Union Membership Access determine whether to charge insured section requires the NCUA Board, as of Act (CUMAA) was enacted into law on credit unions an insurance premium January 1, 2000, to calculate the amount August 7, 1998. Public Law 105–21. and if so, the amount. The proposed of the premium not more than twice in Section 302 of CUMAA amends section rule does not change the definition of any calendar year based on the amount 202 of the Federal Credit Union Act ‘‘insured shares,’’ but renumbers it so of the NCUSIF’s equity ratio. The NCUA providing for requirements for obtaining that the list of defined terms remains in Board may only assess an insurance and maintaining share insurance alphabetical order. The proposed premium if the NCUSIF equity fund coverage from the National Credit Union section revises the definition of the ratio is less than 1.3 percent. The Share Insurance Fund (NCUSIF). 12 ‘‘normal operating level.’’ The current premium charge must not exceed the U.S.C. 1782. The revisions concern rule defines normal operating level as amount necessary to restore the equity capitalization of the share insurance 1.3% of the aggregate of all insured ratio to 1.3 percent. If the amount of the

VerDate 06-MAY-99 12:01 May 25, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A26MY2.033 pfrm03 PsN: 26MYP1 28416 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules equity ratio is less than 1.2 percent, the annual operating fee due. The proposed Paperwork Reduction Act NCUA Board must assess an insurance rule also includes other small wording NCUA has determined that the premium in an amount to restore the changes to update and clarify the proposed amendments do not increase equity ratio to 1.2 percent. current rule. paperwork requirements under the Section 741.4(e) Distribution of In addition, the current rule refers to Paperwork Reduction Act of 1995 and NCUSIF Equity the credit unions’ annual premium regulations of the Office of Management payment. CUMAA changes the term of This paragraph incorporates the and Budget. the premium payment from annual to CUMAA provision that requires the not more than twice in any calendar Executive Order 12612 NCUA Board to make a distribution of year. Therefore, the proposed rule NCUSIF equity to insured credit unions Executive Order 12612 requires removes the word ‘‘annual’’ where it after each calendar year when NCUSIF’s NCUA to consider the effect of its modifies ‘‘premium payment’’ to available assets ratio exceeds one actions on state interests. As does the incorporate the changes required under percent, and the NCUSIF exceeds its current rule, the proposed amendments CUMAA. normal operating level. The current rule will apply to federal credit unions and provides for a redistribution of NCUSIF Sections 741.4(g) New Charters, (h) federally-insured state-chartered credit equity after each insurance year if the Conversion to Federal Insurance, and (j) unions. NCUA has determined that the NCUSIF exceeds its normal operating Return of Deposit proposed amendments will not have a level, which is defined as 1.3 percent or substantial direct effect on the states, on such lower value as established by As stated previously, CUMAA the relationship between the national action of the NCUA Board. CUMAA and removes the term ‘‘insurance year’’ from government and the states, or on the the proposed rule revise the definition Section 202 of the Federal Credit Union distribution of power and of normal operating level to not less Act. CUMAA provides that the amount responsibilities among the various than 1.2 percent and not more than 1.5 of the one percent deposit will be levels of government. percent of the aggregate of all insured assessed annually for credit unions with D. Agency Regulatory Goal shares at the end of the year as total assets of not more than $50 million established by action of the NCUA and semiannually for credit unions with NCUA’s goal is clear, understandable Board. The current rule requires the total assets of $50 million or more. regulations that impose a minimal amount of the distribution to reduce the Therefore, the proposed rule conforms regulatory burden. We request your NCUSIF to its normal operating level. with CUMAA by removing the words comments on whether the proposed rule The proposed rule requires the ‘‘insurance year’’ where they appear in is understandable and minimally distribution to be an amount that paragraphs (g) and (h) and replacing intrusive if implemented as proposed. reduces the NCUSIF to its normal them with the words ‘‘calendar year.’’ Commenters should note that CUMAA operating level and to an available The proposed rule also conforms with mandates the changes in this regulation. assets ratio of not below 1.0 percent. CUMAA by revising the wording in Under the proposed rule, the NCUA paragraph (h) to account for the List of Subjects in 12 CFR Part 741 Board would use the aggregate amount revisions to paragraph (d) concerning Credit unions, Requirements for of the insured shares from all insured premiums. insurance. credit unions from the final reporting CUMAA and the proposed rule no By the National Credit Union period of the calendar year in longer automatically provide for an Administration Board on May 19, 1999. calculating the NCUSIF’s equity ratio annual premium, but provide that the Becky Baker, and available assets ratio to determine NCUA Board may assess a premium not Secretary of the Board. whether to distribute NCUSIF equity. more than twice in a calendar year. The Board requests comments on the CUMAA also provides that any For the reasons set forth in the appropriate percentage for the normal distribution of NCUSIF equity will preamble, the National Credit Union operating level for the year 2000. occur after each calendar year. Administration proposes to amend 12 Section 741.4(f) Invoices Therefore, the proposed rule conforms CFR part 741 as follows: with CUMAA by removing the words This paragraph states that the NCUA ‘‘insurance year’’ where they appear in PART 741ÐREQUIREMENTS FOR will provide copies of invoices to all paragraph (j) and replacing them with INSURANCE federally insured credit unions in ‘‘calendar year.’’ connection with the amount of their one Subpart AÐRegulations That Apply To percent deposit and any premium C. Regulatory Procedures Both Federal Credit Unions and payment. The proposed rule updates Regulatory Flexibility Act Federally Insured State-Chartered and clarifies the current rule, in Credit Unions and That Are Not addition to incorporating changes The Regulatory Flexibility Act Codified Elsewhere in NCUA's required under CUMAA. requires NCUA to prepare an analysis to Regulations The current rule identifies the describe any significant economic invoices as Forms 1304, for federally impact any proposed regulation may 1. The authority citation for Subpart insured state-chartered credit unions, have on a substantial number of small A continues to read as follows: and 1305, for federal credit unions, and entities (primarily those under $1 Authority: 12 U.S.C. 1782. states that Form 1305 includes the million in assets). The NCUA has annual operating fee. The NCUA no determined and certifies that this 2. Amend § 741.4 as follows: longer identifies the invoices as Forms proposed rule, if adopted, will not have a. In paragraph (a), remove the word 1304 and 1305. Therefore, the proposed a significant economic impact on a ‘‘annual.’’ rule generally replaces references to substantial number of small credit b. In paragraph (g), remove the words Forms 1304 and 1305 with the word unions. Accordingly, the NCUA has ‘‘insurance year’’ from wherever they ‘‘invoices’’ and states that invoices for determined that a Regulatory Flexibility appear and add, in their place, the federal credit unions include any Analysis is not required. words ‘‘calendar year.’’

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c. In paragraph (j), remove the words § 741.4 Insurance premium and one made, from the sum of cash and the ‘‘insurance year’’ and add, in their percent deposit. market value of unencumbered place, the words ‘‘calendar year.’’ * * * * * investments authorized under 12 U.S.C. (b) Definitions. For purposes of this d. Redesignate paragraph (b)(2) as 1783(c), to: section. (ii) The aggregate amount of the paragraph (b)(3), revise paragraph (b)(1), (1) Available assets ratio means the add new paragraphs (b)(2), (b)(4) and ratio of: insured shares in all insured credit (b)(5), and revise paragraphs (c), (d), (e), (i) The amount determined by unions. (f), and (h) to read as follows: subtracting all liabilities of the NCUSIF, (iii) Shown as an abbreviated including contingent liabilities for mathematical formula, the available which no provision for losses has been assets ratio is:

(cash + market value of unencumbered investments)− (liabilities + contingent liabilities for which no provision for losses has been made) aggregate amount of all insured shares from final reporting period of calendar year

(2) Equity ratio means the ratio of: liabilities for which no provision for (ii) Shown as an abbreviated (i) The amount of NCUSIF’s losses has been made) to: mathematical formula, the equity ratio capitalization, meaning insured credit (ii) The aggregate amount of the is: unions’ one percent capitalization insured shares in all insured credit deposits plus the retained earnings unions. balance of the NCUSIF (less contingent

insured credit unions© 1.0% capitalization deposits + (NCUSIF©s retained earnings− contingent liabiliti es for whi ch no provision for losses has been made) aggregate amount of all insured shares

(3) * * * be the same for all insured credit insured shares from all insured credit (4) Normal operating level means an unions. unions from the final reporting period of equity ratio not less than 1.2 percent (2) Relation of premium charge to the calendar year in calculating the and not more than 1.5 percent, as equity ratio of NCUSIF. (i) The NCUA NCUSIF’s equity ratio and available established by action of the NCUA Board may assess a premium charge assets ratio for purposes of this Board. only if the NCUSIF’s equity ratio is less paragraph. (5) Reporting period means calendar than 1.3 percent and the premium (f) Invoices. The NCUA provides year for credit unions with total assets charge does not exceed the amount invoices to all federally insured credit of less than $50,000,000 and means necessary to restore the equity ratio to unions stating any change in the amount semiannual period for credit union with 1.3 percent. of a credit union’s one percent deposit total assets of $50,000,000 or more. (ii) If the equity ratio of NCUSIF falls and the computation and funding of any (c) One percent deposit. Each insured below 1.2 percent, the NCUA Board is premium payment due. Invoices for credit union shall maintain with the required to assess a premium in an federal credit unions also include any NCUSIF during each reporting period a amount it determines is necessary to annual operating fees that are due. deposit in an amount equaling one restore the equity ratio to, and maintain Invoices are calculated based on a credit percent of the total of the credit union’s that ratio at, 1.2 percent. union’s insured shares as of the most insured shares at the close of the (e) Distribution of NCUSIF equity. If, recently ended reporting period. The preceding reporting period. For credit as of the end of a calendar year, the invoices may also provide for any unions with total assets of less than NCUSIF exceeds its normal operating distribution the NCUA Board declares $50,000,000, insured shares will be level and its available assets ratio in accordance with paragraph (e) of this measured and adjusted annually based exceeds 1.0 percent, the NCUA Board section, resulting in a single net transfer on the insured shares reported in the will make a proportionate distribution of funds between a credit union and the credit union’s semiannual 5300 report of NCUSIF equity to insured credit NCUA. due in January of each year. For credit unions. The distribution will be the * * * * * unions with total assets of $50,000,000 maximum amount possible that does (h) Conversion to Federal insurance. or more, insured shares will be not reduce the NCUSIF’s equity ratio An existing credit union that converts to measured and adjusted semiannually below its normal operating level and insurance coverage with the NCUSIF based on the insured shares reported in does not reduce its available assets ratio shall immediately fund its one percent the credit union’s quarterly 5300 reports below 1.0 percent. The distribution will deposit based on the total of its insured due in January and July of each year. be after the calendar year and in the shares as of the close of the month prior (d) Insurance premium charges. (1) In form determined by the NCUA Board. to conversion and, if any premiums general. Each insured credit union will The form of the distribution may have been assessed in that calendar pay to the NCUSIF, on dates the NCUA include a waiver of insurance year, will pay a prorated premium Board determines, but not more than premiums, premium rebates, or amount to reflect the remaining number twice in any calendar year, an insurance distributions from NCUSIF equity in the of months in that calendar year. The premium in an amount stated as a form of dividends. The NCUA Board credit union will be entitled to a percentage of insured shares, which will will use the aggregate amount of the prorated share of any distribution from

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NCUSIF equity declared subsequent to information may be examined at the the accumulated RIN. That AD also the credit union’s conversion. FAA, Office of the Regional Counsel, established a retirement life for the * * * * * Southwest Region, 2601 Meacham trunnion based solely on a RIN of [FR Doc. 99–13305 Filed 5–25–99; 8:45 am] Blvd., Room 663, Fort Worth, Texas. 24,000 and a retirement life for the mast BILLING CODE 7535±01±U FOR FURTHER INFORMATION CONTACT: based on a maximum RIN of 44,000 or Jurgen Priester, Aerospace Engineer, the flight-hour service life limit, Rotorcraft Certification Office, whichever occurs first. That AD was DEPARTMENT OF TRANSPORTATION Rotorcraft Directorate, FAA, 2601 prompted by fatigue analyses and tests Meacham Blvd., Fort Worth, Texas that show certain masts and trunnions Federal Aviation Administration 76137, telephone (817) 222–5159, fax fail sooner than originally anticipated (817) 222–5959. because of the unanticipated higher 14 CFR Part 39 SUPPLEMENTARY INFORMATION: number of torque events performed with those masts and trunnions in addition to [Docket No. 99±SW±30±AD] Comments Invited the TIS accrued under other operating Airworthiness Directives; Bell Interested persons are invited to conditions. That condition, if not Helicopter Textron, A Division of participate in the making of the corrected, could result in fatigue failure Textron Canada, Model 206L, L±1, L±3, proposed rule by submitting such of the mast or trunnion, which could and L±4 Helicopters written data, views, or arguments as result in loss of the main rotor system they may desire. Communications and subsequent loss of control of the AGENCY: Federal Aviation should identify the Rules Docket helicopter. Administration, DOT. number and be submitted in triplicate to Since the issuance of that AD, the ACTION: Notice of proposed rulemaking the address specified above. All FAA has discovered that the AD (NPRM). communications received on or before contained errors in two paragraphs. the closing date for comments, specified Paragraph (c)(2) incorrectly requires the SUMMARY: This document proposes the above, will be considered before taking operator to increase the mast RIN count supersedure of an existing airworthiness action on the proposed rule. The for the Model 206L–4 by 1, when it directive (AD) applicable to Bell proposals contained in this notice may should actually be increased by 2, for Helicopter Textron, A Division of be changed in light of the comments each torque event. Paragraph (c)(1)(i) Textron Canada (BHTC) Model 206L, L– received. contains an omission of the letter ‘‘L’’ 1, L–3, and L–4 helicopters. This action Comments are specifically invited on from one helicopter model number. This would require the same type of actions the overall regulatory, economic, AD would correct paragraph (c)(2) to required by the existing AD. In addition, environmental, and energy aspects of avoid a miscalculation of the mast RIN the proposal would require an increase the proposed rule. All comments and to correctly identify the Model in the Retirement Index Number (RIN) submitted will be available, both before 206L. This AD would also add and after the closing date for comments, multiplier for the mast, a correction in nonsubstantive changes to the text. in the Rules Docket for examination by the model number, and other Paragraphs (b) and (c) would state that interested persons. A report nonsubstantive changes. This proposal the RIN may be recorded on an summarizing each FAA-public contact is prompted by further tests and ‘‘equivalent record’’ in lieu of a concerned with the substance of this analyses that indicate the RIN multiplier component history card. Paragraph (d) proposal will be filed in the Rules for the Model 206L–4 needs to be and (e) would state that this AD revises Docket. increased and the discovery of other the Limitations section of the Commenters wishing the FAA to errors in the existing AD. The actions maintenance manual. specified by the proposed AD are acknowledge receipt of their comments intended to prevent fatigue failure of the submitted in response to this notice Explanation of Relevant Service mast or trunnion, which could result in must submit a self-addressed, stamped Information loss of the main rotor system and postcard on which the following statement is made: ‘‘Comments to Bell Helicopter Textron, Inc. has subsequent loss of control of the issued Alert Service Bulletin No. 206L– helicopter. Docket No. 99–SW–30–AD. The postcard will be date stamped and 94–99, Revision A, dated May 1, 1995 DATES: Comments must be received on returned to the commenter. (ASB), which describes procedures for or before July 26, 1999. calculating the retirement life based on ADDRESSES: Submit comments in Availability of NPRMs the RIN count. triplicate to the Federal Aviation Any person may obtain a copy of this FAA’s Conclusions Administration (FAA), Office of the NPRM by submitting a request to the Regional Counsel, Southwest Region, FAA, Office of the Regional Counsel, These helicopter models are Attention: Rules Docket No. 99–SW–30– Southwest Region, Attention: Rules manufactured in Canada and are type AD, 2601 Meacham Blvd., Room 663, Docket No. 99–SW–30–AD, 2601 certificated for operation in the United Fort Worth, Texas 76137. Comments Meacham Blvd., Room 663, Fort Worth, States under the provisions of section may be inspected at this location Texas 76137. 21.29 of the Federal Aviation between 9:00 a.m. and 3:00 p.m., Regulations (14 CFR 21.29) and the Monday through Friday, except Federal Discussion applicable bilateral airworthiness holidays. On March 14, 1997, the FAA issued agreement. Pursuant to this bilateral The service information referenced in AD 97–07–07, Amendment 39–9981 (62 airworthiness agreement, Transport the proposed rule may be obtained from FR 16073). The AD required the creation Canada has kept the FAA informed of Bell Helicopter Textron, a Division of of a component history card or the situation described above. The FAA Textron Canada, 12,800 Rue de L- equivalent record using the RIN system has examined the findings of Transport Avenir, Mirabel, Quebec, Canada for certain masts and trunnions within Canada, reviewed all available J7J1R4, ATTN: Product Support the next 100 hours time-in-service (TIS) information, and determined that AD Engineering Light Helicopters. This and a system for tracking increases to action is necessary for products of this

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Regulatory Flexibility Act. A copy of the trunnion. This AD would require creation of a draft regulatory evaluation prepared for (b) Determine the accumulated Retirement component history card or equivalent this action is contained in the Rules Index Number (RIN) to date based on the record using a RIN system, establishing Docket. A copy of it may be obtained by number of takeoffs and external load lifts a system for tracking increases to the (torque events) for parts in service in contacting the Rules Docket at the accordance with paragraphs 1 and 2 of the accumulated RIN, and a maximum location provided under the caption Accomplishment Instructions of Bell accumulated RIN for masts and ADDRESSES. Helicopter Textron, Inc. Alert Service trunnions. The actions would be Bulletin No. 206L–94–99, Revision A, dated required to be accomplished in List of Subjects in 14 CFR Part 39 May 1, 1995 (ASB). Record this accumulated accordance with the ASB described Air transportation, Aircraft, Aviation RIN on the component history card or previously. safety, Safety. equivalent record. The FAA estimates that 711 (c) After complying with paragraphs (a) The Proposed Amendment helicopters of U.S. registry would be and (b) of this AD, during each operation affected by this AD, that it would take Accordingly, pursuant to the thereafter, maintain a count of the number of authority delegated to me by the external load lifts and the number of takeoffs approximately (1) 8 work hours per performed and at the end of each day’s helicopter to replace the mast and 10 Administrator, the Federal Aviation operations, increase the accumulated RIN on work hours per helicopter to replace the Administration proposes to amend part the component history card or equivalent trunnion due to the new method of 39 of the Federal Aviation Regulations record as follows: determining the retirement life required (14 CFR part 39) as follows: (1) For the trunnion, by this AD; (2) 2 work hours per (i) Increase the RIN for the Model 206L, helicopter to create the component PART 39ÐAIRWORTHINESS 206L–1, and 206L–3 helicopters by 1 for each history card of equivalent record DIRECTIVES torque event. (record); (3) 10 work hours per (ii) Increase the RIN for the Model 206L– 1. The authority citation for part 39 4 helicopters by 2 for each torque event. helicopter to maintain the record each continues to read as follows: (2) For the mast, year, and that the average labor rate is Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Increase the RIN for the Model 206L, $60 per work hour. Required parts 206L–1, 206L–3 helicopters by 1 for each would cost approximately $9,538 per § 39.13 [Amended] torque event. mast and $2,083 per trunnion. Based on 2. Section 39.13 is amended by (ii) Increase the RIN for the Model 206L– these figures, the cost impact of the AD removing Amendment 39–9981, Docket 4 helicopters by 2 for each torque event. on U.S. operators for the first year is No. 95–SW–36–AD (62 FR 16073, dated Note 2: Previous Model 206L–4 mast RIN estimated to be $2,016,989, and each April 4, 1997) and by adding a new calculations may have increased the RIN by subsequent year to be $1,945,889. These only 1 for each torque event. This AD airworthiness directive (AD) to read as increases the Model 206L–4 mast RIN by 2 costs assume replacement of the mast follows: and trunnion in one-sixth of the fleet for each torque event. each year, creation and maintenance of Bell Helicopter Textron, A Division of (d) Remove the trunnion from service on or the records for all the fleet the first year, Textron Canada: Docket No. 99–SW–30– before attaining the maximum accumulated AD. Supersedes AD 97–07–07, RIN (24,000) in accordance with Table 1 of and creation of one-sixth of the fleet’s Amendment 39–9981, Docket 95–SW– the Accomplishment Instructions of the ASB. records and maintenance of the records 36–AD. This AD revises the Limitations section of the for all the fleet each subsequent year. Applicability: Model 206L, 206L–1, 206L– maintenance manual by establishing a The estimated cost impact amounts are 3, and 206L–4 helicopters, with main rotor retirement life of 24,000 RIN for the trunnion. based on assumptions that no operator mast (mast), part number (P/N) 206–040– (e) Remove the mast from service on or has yet accomplished any of the 535–001, –005, –101, or –105, installed, or before attaining the maximum accumulated requirements of this AD action, and that main rotor trunnion (trunnion), P/N 206– RIN (44,000) or the flight hour service life no operator would accomplish those 011–120–103, installed, certificated in any limit, whichever occurs first, in accordance actions in the future if this AD were not category. with Table 2 of the Accomplishment Instructions the ASB. This AD revises the adopted. Note 1: This AD applies to each helicopter identified in the preceding applicability Limitations section of the maintenance The regulations proposed herein manual by establishing a retirement life of would not have substantial direct effects provision, regardless of whether it has been modified, altered, or repaired in the area 44,000 RIN for the mast. on the States, on the relationship subject to the requirements of this AD. For (f) An alternative method of compliance or between the national government and helicopters that have been modified, altered, adjustment of the compliance time that the States, or on the distribution of or repaired so that the performance of the provides an acceptable level of safety may be power and responsibilities among the requirements of this AD is affected, the used if approved by the Manager, Rotorcraft various levels of government. Therefore, owner/operator must request approval for an Certification Office, Rotorcraft Directorate, in accordance with Executive Order alternative method of compliance in FAA. Operators shall submit their requests through an appropriate FAA Principal 12612, it is determined that this accordance with paragraph (f) of this AD. The request should include an assessment of the Maintenance Inspector, who may add proposal would not have sufficient effect of the modification, alteration, or repair comments and then send it to the Manager, federalism implications to warrant the on the unsafe condition addressed by this Rotorcraft Certification Office. preparation of a Federalism Assessment. AD; and if the unsafe condition has not been Note 3: Information concerning the For the reasons discussed above, I eliminated, the request should include existence of approved alternative methods of certify that this proposed regulation (1) specific proposed actions to address it. compliance with this AD, if any, may be

VerDate 06-MAY-99 12:01 May 25, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A26MY2.002 pfrm03 PsN: 26MYP1 28420 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules obtained from the Rotorcraft Certification Monday through Friday, except Federal Discussion: Office. holidays. On May 4, 1998, the FAA issued AD (g) Special flight permits may be issued in The service information referenced in 97–18–11, Amendment 39–10520 (63 accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR the proposed rule may be obtained from FR 26429, May 13, 1998), to require 21.197 and 21.199) to operate the helicopter Bell Helicopter Textron, Inc., P.O. Box modifying and inspecting the vertical to a location where the requirements of this 482, Fort Worth, Texas 76101, telephone fin spar, and replacing it if a crack is AD can be accomplished. (817) 280–3391, fax (817) 280–6466. found. That action was prompted by Issued in Fort Worth, Texas, on May 18, This information may be examined at several failures of the vertical fin spar, 1999. the FAA, Office of the Regional Counsel, including those with steel doublers, Mark R. Schilling, Southwest Region, 2601 Meacham caused by fatigue cracks that result from Acting Manager, Rotorcraft Directorate, Blvd., Room 663, Fort Worth, Texas. a large number of high-power events. The requirements of that AD are Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–13318 Filed 5–25–99; 8:45 am] Harry Edmiston, Aerospace Engineer, intended to prevent failure of the vertical fin spar and subsequent loss of BILLING CODE 4910±13±P Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 2601 control of the helicopter. Since the issuance of that AD, there Meacham Blvd., Fort Worth, Texas have been 4 additional accidents DEPARTMENT OF TRANSPORTATION 76137, telephone (817) 222–5158, fax involving models similar in type design (817) 222–5783. Federal Aviation Administration to the Model 205A–1 helicopter that SUPPLEMENTARY INFORMATION: were caused by fatigue failure of the 14 CFR Part 39 vertical fin spar. The manufacturer has Comments Invited [Docket No. 98±SW±73±AD] issued BHTI Alert Service Bulletin Interested persons are invited to (ASB) 205–98–71, Revision A, dated Airworthiness Directives; Bell participate in the making of the September 21, 1998, which specifies Helicopter Textron, Inc. Model 204B, proposed rule by submitting such inspections of the vertical fin spar for 205A, and 205A±1 Helicopters written data, views, or arguments as cracks, and BHTI ASB No. 205–98–73, they may desire. Communications dated September 25, 1998, which AGENCY: Federal Aviation should identify the Rules Docket specifies replacing the vertical fin spar Administration, DOT. number and be submitted in triplicate to assembly, part number (P/N) 205–030– ACTION: Notice of proposed rulemaking the address specified above. All 899–101, 205–030–846–087 or –089, (NPRM). communications received on or before and P/N 205–032–851–003, –007, and –009, for the Model 205A and 205A–1 SUMMARY: This document proposes the the closing date for comments, specified helicopters. Also, the manufacturer has supersedure of an existing airworthiness above, will be considered before taking issued BHTI ASB No. 204B–98–50, directive (AD), applicable to Bell action on the proposed rule. The dated October 22, 1998, which specifies Helicopter Textron, Inc. (BHTI) Model proposals contained in this notice may inspections of the fin spar for cracks, 204B, 205A, and 205A–1 helicopters, be changed in light of the comments and replacing the fin spar assembly, P/ that currently requires modification and received. N 205–030–846–001, –003, –047, –049, inspections of the vertical fin spar for Comments are specifically invited on and P/N 205–030–899–001, –089, and cracks. This action would require the overall regulatory, economic, P/N 204–030–825–063, –065. The FAA modification and visual and dye- environmental, and energy aspects of has further determined that the vertical penetrant inspections of the vertical fin the proposed rule. All comments fin spar must be replaced within 12 spar for cracks, and if a crack is submitted will be available, both before and after the closing date for comments, calendar months to ensure public safety. discovered, replacing the vertical fin Since an unsafe condition has been in the Rules Docket for examination by spar. This action would also require a identified that is likely to exist or interested persons. A report tapping test for disbonding and develop on other Model 204B, 205A, summarizing each FAA-public contact replacing certain fin spars within 12 and 205A–1 helicopters of the same concerned with the substance of this calendar months. This proposal is type design, the proposed AD would proposal will be filed in the Rules prompted by an accident involving a supersede AD 97–18–11 to require Docket. Model 205A–1 helicopter and 4 other initial and repetitive inspections of the accidents involving helicopters of Commenters wishing the FAA to vertical fin spar for cracks. Also, similar type design. The actions acknowledge receipt of their comments replacing the vertical fin spar would be specified by the proposed AD are submitted in response to this notice required within 12 calendar months. intended to prevent failure of the must submit a self-addressed, stamped Replacing the vertical fin spar with a vertical fin spar, loss of the tail rotor, postcard on which the following FAA-approved vertical fin spar and subsequent loss of control of the statement is made: ‘‘Comments to configuration that satisfies the structural helicopter. Docket No. 98–SW–73–AD.’’ The fatigue requirement of repeated high DATES: Comments must be received on postcard will be date stamped and torque events would constitute a or before July 26, 1999. returned to the commenter. terminating action for the requirements ADDRESSES: Submit comments in Availability of NPRMs of this AD. triplicate to the Federal Aviation The FAA estimates that 150 Administration (FAA), Office of the Any person may obtain a copy of this helicopters of U.S. registry would be Regional Counsel, Southwest Region, NPRM by submitting a request to the affected by this proposed AD, that it Attention: Rules Docket No. 98–SW–73– FAA, Office of the Regional Counsel, would take approximately 8 work hours AD, 2601 Meacham Blvd., Room 663, Southwest Region, Attention: Rules per helicopter to accomplish the initial Fort Worth, Texas 76137. Comments Docket No. 98–SW–73–AD, 2601 inspection and 0.5 work hour to may be inspected at this location Meacham Blvd., Room 663, Fort Worth, accomplish each repetitive inspection. between 9:00 a.m. and 3:00 p.m., Texas 76137. Replacing the vertical fin spar would

VerDate 06-MAY-99 12:01 May 25, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A26MY2.003 pfrm03 PsN: 26MYP1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28421 take approximately 150 work hours. The new airworthiness directive (AD), to (iv) Fasten the forward left-hand fin skin to average labor rate is $60 per work hour. read as follows: the spar assembly using Hi-Loks and blind The manufacturer has stated that parts rivets as specified in Figure 2 of BHTI ASB Bell Helicopter Textron, Inc.: Docket No. 98– 204B–98–50, dated October 22, 1998. will be provided at no cost. Based on SW–73–AD. Supersedes AD 97–18–11, (v) Refinish the reworked area. these figures, the total cost impact of the Amendment 39–10520, Docket No. 97– (2) After initial modification and proposed AD on U.S. operators is SW–32–AD. inspection of the fin, thereafter inspect the estimated to be $76,500 for the initial Applicability: Model 204B helicopters with fin spar for cracks at intervals not to exceed inspection and one repetitive vertical fin spar (fin spar), part number (P/ 8 hours TIS as follows: inspection, and $1,350,000 to replace N) 205–030–899–001, –089, P/N 205–030– (i) Accomplish Part I (A2), paragraphs 1 846–001, –003, –047,– 049, or P/N 204–030– through 3 of BHTI ASB 204B–98–50, dated the vertical fin spars on the entire fleet. 825–063, –065, installed, and Model 205A October 22, 1998. The regulations proposed herein and 205A–1 helicopters, with fin spar, P/N (ii) If a crack is discovered on the spar, would not have substantial direct effects 205–030–899–101, P/N 205–030–846–087, replace the fin spar assembly with an on the States, on the relationship –089, or P/N 205–032–851–003, –007, –009, airworthy fin spar assembly before further installed, certificated in any category. flight. Repair any corrosion or disbonding between the national government and discovered during the inspection before the States, or on the distribution of Note 1: This AD applies to each helicopter identified in the preceding applicability further flight. power and responsibilities among the provision, regardless of whether it has (iii) After inspection, accomplish Part I various levels of government. Therefore, been otherwise modified, altered, or (A2), paragraphs 5 and 6 of BHTI ASB 204B– in accordance with Executive Order repaired in the area subject to the 98–50, dated October 22, 1998. 12612, it is determined that this requirements of this AD. For helicopters (3) Within 25 hours TIS, modify and that have been modified, altered, or inspect the vertical fin as follows: proposal would not have sufficient (i) Accomplish Part I (C1), paragraph 1 of federalism implications to warrant the repaired so that the performance of the requirements of this AD is affected, the BHTI ASB 204B–98–50, dated October 22, preparation of a Federalism Assessment. owner/operator must request approval 1998. For the reasons discussed above, I for an alternative method of compliance (ii) Remove sufficient rivets from the bottom row of the forward left-hand fin skin certify that this proposed regulation (1) in accordance with paragraph (c) of this AD. The request should include an to allow trimming of the forward left-hand is not a ‘‘significant regulatory action’’ fin skin along the ‘‘skin cutline’’, under Executive Order 12866; (2) is not assessment of the effect of the modification, alteration, or repair on the approximately fin station 64.31 (see Figure 2 a ‘‘significant rule’’ under the DOT unsafe condition addressed by this AD; of BHTI ASB 204B–98–50, dated October 22, Regulatory Policies and Procedures (44 and, if the unsafe condition has not been 1998). FR 11034, February 26, 1979); and (3) if eliminated, the request should include (iii) Before drilling or reaming, inspect all promulgated, will not have a significant specific proposed actions to address it. holes in the spar cap where rivets were removed for short edge distance. An existing economic impact, positive or negative, Compliance: Required as indicated, unless edge distance less than 1.5 times the on a substantial number of small entities accomplished previously. diameter of the drill or reamed hole must under the criteria of the Regulatory To prevent failure of the fin spar, loss of have FAA approval of the reworked area the tail rotor, and subsequent loss of control Flexibility Act. A copy of the draft before proceeding. of the helicopter, accomplish the following: (iv) Accomplish Part I (C1), paragraphs 3, regulatory evaluation prepared for this (a) For Model 204B helicopters: action is contained in the Rules Docket. 4, and 6 of BHTI ASB 204B–98–50, dated (1) Within 8 hours time-in-service (TIS), October 22, 1998. A copy of it may be obtained by modify the vertical fin and visually inspect (v) If a crack is discovered on the spar, contacting the Rules Docket at the the fin spar for cracks in accordance with replace the fin spar assembly with an location provided under the caption Part I (A1), paragraphs 1 through 5 of Bell airworthy fin spar assembly before further Helicopter Textron (BHTI) Alert Service ADDRESSES. flight. Repair any corrosion or disbonding Bulletin (ASB) 204B–98–50, dated October discovered during the inspection before List of Subjects in 14 CFR Part 39 22, 1998. further flight. (i) If a crack is discovered on the spar, (vi) Accomplish Part I (C1), paragraphs 10 Air transportation, Aircraft, Aviation replace the fin spar assembly with an through 14 of BHTI ASB 204B–98–50, dated safety, Safety. airworthy fin spar assembly before further October 22, 1998. flight. Repair any corrosion or disbonding (4) After the initial modification and dye- The Proposed Amendment discovered during the inspection before penetrant inspection of the fin spar, further flight. Accordingly, pursuant to the thereafter at intervals not to exceed 300 hours (ii) After inspection, apply MIL–PRF– TIS, inspect the fin spar as follows: authority delegated to me by the 81352 TYI clear lacquer or equivalent to the (i) Accomplish Part I (C2), paragraphs 1, 2, Administrator, the Federal Aviation inside of the two lower rivet holes and on the 3, 4, 5, and 7 of BHTI ASB 204B–98–50, Administration proposes to amend part surface where paint and primer were dated October 22, 1998. removed. Spray, brush or wipe on a (ii) If a crack is discovered on the spar, 39 of the Federal Aviation Regulations protective coat of MIL–C–16173, Grade 2, or (14 CFR part 39) as follows: replace the fin spar assembly with an equivalent, over the clear lacquer. To airworthy fin spar assembly before further facilitate subsequent inspections do not flight. Repair any corrosion or disbonding PART 39ÐAIRWORTHINESS replace the two lower rivets. See Figure 2 of DIRECTIVES discovered during the inspection before BHTI ASB 204B–98–50, dated October 22, further flight. 1998. (iii) Accomplish Part I (C2), paragraphs 11 1. The authority citation for part 39 Note 2: BHTI–MED–SRM–1, pages 3–36 through 14 of BHTI ASB 204B–98–50, dated continues to read as follows: through 3–38, pertain to the installation of October 22, 1998. Hi-Loks. Authority: 49 U.S.C. 106(g), 40113, 44701. (5) Within 25 hours TIS, and thereafter at (iii) Before drilling or reaming, inspect all intervals not to exceed 300 hours TIS, inspect § 39.13 [Amended] holes in the spar cap where rivets were the fin spar as follows: removed for short edge distance. An existing (i) Accomplish Part I (B), paragraphs 1 2. Section 39.13 is amended by edge distance less than 1.5 times the through 13 of BHTI ASB 204B–98–50, dated removing Amendment 39–10520 (63 FR diameter of the drill or reamed hole must October 22, 1998. 26429, May 13, 1998), and by adding a have FAA approval of the reworked area (ii) Repair any disbonding discovered before proceeding. during the inspection before further flight.

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(6) Within 12 calendar months, remove fin (ii) Remove the clip, P/N 212–030–099– through a FAA Principal Maintenance spar P/N 205–030–899–001, or –089, or P/N 091, and radius block, P/N 212–030–099– Inspector, who may concur or comment and 205–030–846–001, –003, –047, or –049, or P/ 095, if present. Remove the retainer, P/N then send it to the Manager, Rotorcraft N 204–030–825–063, or –065. Replace it with 205–032–851–045, and sufficient rivets from Certification Office. an airworthy fin spar configuration that has the bottom row of the forward left-hand fin Note 3: Information concerning the been demonstrated to the FAA to satisfy the skin to allow trimming of the forward left- existence of approved alternative methods of structural fatigue requirements of repeated hand fin skin along the ‘‘skin cutline’’, at compliance with this AD, if any, may be high torque events and is approved by the approximately Fin Station 66.31 (see Figure obtained from the Rotorcraft Certification Manager, Rotorcraft Standards Staff. 2 of BHTI ASB 205–98–71, Revision A, dated Office. (7) Installation of a replacement fin spar September 21, 1998). (d) Special flight permits may be issued in approved by the Manager, Rotorcraft (iii) Before drilling or reaming, inspect all accordance with sections 21.197 and 21.199 Standards Staff, constitutes a terminating holes in the spar cap where rivets were of the Federal Aviation Regulations (14 CFR action for the requirements of this AD. removed for short edge distance. An existing 21.197 and 21.199) to operate the helicopter (b) For Model 205A and 205A–1 edge distance less than 1.5 times the to a location where the requirements of this helicopters: diameter of the drill or reamed hole must AD can be accomplished. (1) Within 8 hours TIS, modify the vertical have FAA approval of the reworked area fin and visually inspect the fin spar for before proceeding. Issued in Fort Worth, Texas, on May 18, cracks in accordance with Part I (A1), (iv) Accomplish Part I (C1), paragraphs 3, 1999. paragraphs 1 through 5 of BHTI ASB 205–98– 4, and 6 in BHTI ASB 205–98–71, Revision Mark R. Schilling, 71, Revision A, dated September 21, 1998. A, dated September 21, 1998. Acting Manager, Rotorcraft Directorate, (i) If a crack is discovered on the spar, (v) If a crack is discovered on the spar, Aircraft Certification Service. replace the fin spar assembly with an replace the fin spar assembly with an [FR Doc. 99–13319 Filed 5–25–99; 8:45 am] airworthy fin spar assembly before further airworthy fin spar assembly before further flight. Repair any corrosion or disbonding flight. Repair any corrosion or disbonding BILLING CODE 4910±13±P discovered during the inspection before discovered during the inspection before further flight. further flight. (ii) After inspection, apply MIL–PRF– (vi) Accomplish Part I (C1) paragraphs 10 DEPARTMENT OF JUSTICE 81352 TYI clear lacquer or equivalent to the through 14 of BHTI ASB 205–98–71, inside of the two lower rivet holes and on the Revision A, dated September 21, 1998. 28 CFR Part 81 surface where paint and primer were (4) After the initial modification and dye- removed. Spray, brush, or wipe on a penetrant inspection of the fin spar, [AG Order No. 2226±99] protective coat of MIL–C–16173, Grade 2, or thereafter, at intervals not to exceed 300 RIN 1105±AA65 equivalent, over the clear lacquer. To hours TIS, inspect the fin spar as follows: facilitate subsequent inspections do not (i) Accomplish Part I (C2), paragraphs 1, 2, Office of the Attorney General; replace the two lower rivets. See figure 2 of 3, 4, 5, and 7 of BHTI ASB 205–98–71, Designation of Agencies To Receive BHTI ASB 205–98–71, Revision A, dated Revision A, dated September 21, 1998. and Investigate Reports Required September 21, 1998. (ii) If a crack is discovered on the spar, (iii) Before drilling or reaming, inspect all replace the fin spar assembly with an Under the Protection of Children From holes in the spar cap where rivets were airworthy fin spar assembly before further Sexual Predators Act removed for short edge distance. An existing flight. Repair any corrosion or disbonding AGENCY: Department of Justice. edge distance less than 1.5 times the discovered during the inspection before diameter of the drill or reamed hole must further flight. ACTION: Proposed rule. have FAA approval of the reworked area (iii) Accomplish Part I (C2), paragraphs 11 SUMMARY: This proposed rule is before proceeding. through 14 of ASB 205–98–71, Revision A, (iv) Fasten the forward left-hand fin skin dated September 21, 1998. intended to carry out the Attorney and the retainer, P/N 205–032–851–045, to (5) Within 25 hours TIS, and thereafter at General’s responsibilities under the the fin spar assembly using Hi-Loks and intervals not to exceed 300 hours TIS inspect child pornography reporting provisions blind rivets as specified in Figure 2 of BHTI the fin spar as follows: of the Protection of Children from ASB 205–98–71, Revision A, dated (i) Accomplish Part I (B), paragraphs 1 Sexual Predators Act of 1998 (PCSPA). September 21, 1998. Reinstall clip and radius through 13 of BHTI ASB 205–98–71, The PCSPA requires providers of an block (if existing) removed in paragraph 2 of Revision A, dated September 21, 1998. electronic communication service or a Part 1 (A1) of BHTI ASB 205–98–71, Revision (ii) Repair any disbonding discovered remote computing service to the public, A, dated September 21, 1998. during the inspection before further flight. through a facility or means of interstate (v) Refinish the reworked area. (6) Within 12 calendar months, remove fin (2) After initial modification and spar, P/N 205–030–899–001, or –089, or P/N or foreign commerce, to report incidents inspection of the vertical fin, thereafter, 205–030–846–087, or –089, or P/N 205–032– of child pornography, as defined by inspect the fin spar for cracks at intervals not 851–003, –007, or –009. Replace it with an section 2251, 2251A, 2252, 2252A, or to exceed 8 hours TIS as follows: airworthy fin spar configuration that has 2260 of title 18, United States Code, to (i) Accomplish Part I (A2), paragraphs 1 been demonstrated to the FAA to satisfy the the appropriate Federal agency. In order through 3 of BHTI ASB 205–98–71, Revision structural fatigue requirements of repeated to facilitate effective reporting, the A, dated September 21, 1998. high torque events and is approved by the PCSPA requires the Attorney General to (ii) If a crack is discovered on the spar, Manager, Rotorcraft Standards Staff, or designate ‘‘a law enforcement agency or replace the fin spar assembly with an replace it with fin spar assembly, P/N 205– agencies’’ to receive and investigate airworthy fin spar assembly before further 530–514–103, as specified in BHTI ASB 205– flight. Repair any corrosion or disbonding 98–73, dated September 25, 1998. such reports of child pornography. This discovered during the inspection before (7) Installing fin spar, P/N 205–530–514– proposed rule sets forth the Attorney further flight. 103, or a fin spar that has been approved by General’s proposed designations and (iii) After inspection, accomplish Part I the Manager, Rotorcraft Standards Staff, certain other matters covered by the (A2), paragraphs 5 and 6, of BHTI ASB 205– constitutes terminating action for the PCSPA’s reporting requirements. 98–71, Revision A, dated September 21, requirements of this AD. DATES: Written comments must be 1998. (c) An alternative method of compliance or submitted on or before July 26, 1999. (3) Within 25 hours TIS, modify and adjustment of the compliance time that inspect the vertical fin as follows: provides an acceptable level of safety may be ADDRESSES: Please submit written (i) Accomplish Part I (C1), paragraph 1 of used if approved by the Manager, FAA, comments, in triplicate, to the Chief, BHTI ASB 205–98–71, Revision A, dated Rotorcraft Directorate, Rotorcraft Certification Child Exploitation and Obscenity September 21, 1998. Office. Operators shall submit their requests Section, Criminal Division, Department

VerDate 06-MAY-99 12:01 May 25, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A26MY2.005 pfrm03 PsN: 26MYP1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28423 of Justice, 1331 F Street, NW, Suite 600, service provider’s costs as much as Executive Order 12988—Civil Justice Washington, DC 20530. Comments are possible. Reform available for public inspection at the This regulation meets the applicable above address by calling (202) 514–5780 Unfunded Mandates Reform Act of 1995 standards set forth in sections 3(a) and to arrange for an appointment. 3(b)(2) of Executive Order 12988. FOR FURTHER INFORMATION CONTACT: This rule will not result in the Plain Language Instructions Terry R. Lord, Chief, Child Exploitation expenditure by State, local and tribal and Obscenity Section, Criminal governments, in the aggregate, or by the We try to write clearly. If you suggest Division, (202) 514–5780, or in writing private sector, of $100,000,000 or more how to improve the clarity of these at 1331 F Street, NW, Suite 600, in any one year, and it will not regulations, call or write Terry R. Lord, Washington, DC 20530. significantly or uniquely affect small Chief, Child Exploitation and Obscenity SUPPLEMENTARY INFORMATION: The child governments. Therefore, no actions were Section, Criminal Division, 1331 F pornography reporting provisions of the deemed necessary under the provisions Street, NW, Suite 600, Washington, DC Protection of Children from Sexual of the Unfunded Mandates Reform Act 20530, (202) 514–5780. Predators Act (PCSPA) were enacted as of 1995. List of Subjects in 28 CFR Part 81 Section 604 of the Act, Public Law 105– 314, 112 Stat. 2974, codified at 42 Small Business Regulatory Enforcement Child abuse, Federal buildings and U.S.C. 13032, and 18 U.S.C. 2702(b)(6). Fairness Act of 1996 facilities, Child pornography, Electronic As set forth at 42 U.S.C. 13032, the communication services, Remote PCSPA requires providers of electronic This rule is not a major rule as computing services. communication services or remote defined by the Small Business By virtue of the authority vested in computing services to the public, Regulatory Enforcement Fairness Act of me as Attorney General, including 28 through a facility or means of interstate 1996, 5 U.S.C. 804. This rule will not U.S.C. 509 and 510, 5 U.S.C. 301, 42 or foreign commerce, who obtain result in an annual effect on the U.S.C. 13032, and Public Law 105–314, knowledge of facts or circumstances economy of $100,000,000 or more; a 112 Stat. 2974, Part 81 of title 28, Code from which a violation of sections 2251, major increase in costs or prices; or of Federal Regulations, is proposed to be 2251A, 2252, 2252A, or 2260 of title 18, significant adverse effects on amended as follows: United States Code, involving child competition, employment, investment, pornography, as defined in section 2256 productivity, innovation, or on the PART 81ÐCHILD ABUSE AND CHILD of title 18, United States Code, is ability of United States-based PORNOGRAPHY REPORTING apparent, to make a report of such facts companies to compete with foreign- DESIGNATIONS AND PROCEDURES or circumstances to a law enforcement based companies in domestic and 1. The heading for Part 81 is revised agency or agencies designated by the export markets. Attorney General. Set forth below for as set forth above. public comment is the proposed rule Executive Order 12866 2. The authority citation for Part 81 is promulgating the Attorney General’s revised to read as follows: designation of the agencies to receive This regulation has been drafted and Authority: 28 U.S.C. 509, 510; 42 U.S.C. and investigate these reports of child reviewed in accordance with Executive 13031, 13032. Order 12866, § 1(b), Principles of pornography. Under the proposed rule, 3. Sections 81.1 through 81.5 are Regulation. The Department of Justice reports of child pornography made designated as subpart A and a new has determined that this rule is not a pursuant to 42 U.S.C. 13032 are to be subpart heading is added to read as ‘‘significant regulatory action’’ under submitted to the Federal agencies that follows: currently have jurisdiction to investigate § 3(f) of Executive Order 12866, reports of child pornography on Regulatory Planning and Review Subpart AÐChild Abuse Reporting electronic communication services or because it will have an annual effect on Designations and Procedures remote computing services. the economy of less than $100 million. As noted, the costs of compliance for 4. Section 81.1 is amended by Regulatory Flexibility Act the electronic communications and removing the words ‘‘this part’’ and The Attorney General in accordance remote computing service industry have inserting in their place ‘‘this subpart A.’’ with the Regulatory Flexibility Act (5 been limited to the costs of a telephonic 5. Part 81 is amended by adding at the end thereof the following new subpart B U.S.C. 605(b)), has reviewed this report. Accordingly, this rule has not to read as follows: regulation and by approving it certifies been reviewed by the Office of that this regulation will not have a Management and Budget. significant economic impact upon a Subpart BÐChild Pornography substantial number of small entities. Executive Order 12612 Reporting Designations and Rather than requiring the costly Procedures This regulation will not have submission of a written report and Sec. accompanying evidence to the FBI or substantial direct effects on the States, 81.11 Purpose. U.S. Customs Service, the proposed on the relationship between the national 81.12 Submission of reports; designation of regulation requires that the electronic government and the States, or on agencies in cases where identifying communication service or remote distribution of power and information about the perpetrator is computing service notify the FBI or U.S. responsibilities among the various known. Customs Service by telephone, either to levels of government. Therefore, in 81.13 Designation of FBI and United States accordance with Executive Order 12612, Customs Service in cases where the a local office or an ‘‘800’’ number, or by identity of the perpetrator is unknown. a special Internet tip line operated by it is determined that this rule does not 81.14 Contents of report; no duty to develop the agencies. In this manner, the have sufficient federalism implications additional information or monitor proposed regulation complies with the to warrant the preparation of a customer use or content. reporting statute, while limiting the Federalism Assessment. 81.15 Definitions.

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§ 81.11 Purpose. depictions of child pornography; the Mountain West Broadcasting to allot The regulations in this subpart B identity of persons or screen names of Channel 297C1 to Hershey, NE, as the designate the agencies that are persons transmitting or receiving child community’s first local aural service. authorized to receive and investigate pornography; or requests by persons to Channel 297C1 can be allotted to reports of child pornography under the receive child pornography. Although Hershey in compliance with the provisions of 42 U.S.C. 13032. not required, the report may include Commission’s minimum distance additional information or material separation requirements without the § 81.12 Submission of reports; designation of agencies in cases where developed by the provider. However, imposition of a site restriction, at identifying information about the this does not require a provider of coordinates 41–09–30 NL; 101–00–00 perpetrator is known. electronic communication services or WL. Where the provider of the electronic remote computing services to engage in DATES: Comments must be filed on or communication service or remote the monitoring of any user, subscriber, before July 6, 1999, and reply comments computing service to the public learns or customer of that provider, or the on or before July 21, 1999. of information concerning a violation of content of any communication of any such person. ADDRESSES: Federal Communications federal child pornography statutes, as Commission, 445 12th Street, SW, Room defined by section 2251, 2251A, 2252, (b) The report to the Federal Bureau of Investigation may be made TW–A325, Washington, DC 20554. In 2252A, or 2260 of title 18, United States addition to filing comments with the Code, it shall report the violation, as telephonically to the local number for the FBI, which can be retrieved from the FCC, interested parties should serve the required by 42 U.S.C. 13032, to the petitioner, or its counsel or consultant, Federal Bureau of Investigation or the Web site ‘‘www.FBI.gov.’’ The report to the U.S. Customs Service may be made as follows: Victor A. Michael, Jr., United States Customs Service. If the President, Mountain West Broadcasting, provider knows the location of the telephonically by calling the local number for the U.S. Customs Service or 6807 Foxglove Drive, Cheyenne, WY perpetrator, it shall report the violation 82009 (Petitioner). to the Federal Bureau of Investigation in by calling ‘‘1–800–BE ALERT.’’ the state where the perpetrator lives. If (c) Providers are advised to consult FOR FURTHER INFORMATION CONTACT: the provider knows that the perpetrator the requirements of the Electronic Leslie K. Shapiro, Mass Media Bureau, is located in a foreign country, it shall Communications Privacy Act of 1986, (202) 418–2180. report the violation to the United States Public Law 99–508, 100 Stat. 1848, SUPPLEMENTARY INFORMATION: This is a Customs Service. The Federal Bureau of which enacted sections 1367, 2521, synopsis of the Commission’s Notice of Investigation and the United States 2701 to 2710, 3117, and 3121 to 3126 of Proposed Rule Making, MM Docket No. Customs Service are hereby respectively title 18, United States Code, and 99–161, adopted May 5, 1999, and designated as the agency to receive and amended section 2510 and sections released May 14, 1999. The full text of investigate such reports, pursuant to 42 2232, 2511 to 2513, and 2516 to 2520 of this Commission decision is available U.S.C. 13032(b)(2). title 18, United States Code. for inspection and copying during § 81.15 Definitions. normal business hours in the FCC § 81.13 Designation of Federal Bureau of Reference Center, 445 12th Street, SW, Investigation and United States Customs The term ‘‘child pornography’’ has the Washington, DC. The complete text of Service in cases where the identity of the meaning given the term in section 2256 this decision may also be purchased perpetrator is unknown. of title 18, United States Code. The term from the Commission’s copy contractor, For cases where the identity of the ‘‘electronic communication service’’ has International Transcription Services, perpetrator is unknown, the Federal the meaning given the term in section Inc., (202) 857–3800, 1231 20th Street, Bureau of Investigation is hereby 2510 of title 18, United States Code; and NW, Washington, DC 20036. designated as the agency to receive and the term ‘‘remote computing service’’ investigate reports of child pornography has the meaning given the term in Provisions of the Regulatory made pursuant to 42 U.S.C. 13032. For section 2711 of title 18, United States Flexibility Act of 1980 do not apply to cases where the identity of the Code. this proceeding. Members of the public should note perpetrator is unknown, but the items of Dated: May 20, 1999. child pornography are believed to be of that from the time a Notice of Proposed Janet Reno, foreign origin, the United States Rule Making is issued until the matter Customs Service is designated as the Attorney General. is no longer subject to Commission agency to receive and investigate reports [FR Doc. 99–13427 Filed 5–25–99; 8:45 am] consideration or court review, all ex of child pornography made pursuant to BILLING CODE 4410±14±M parte contacts are prohibited in 42 U.S.C. 13032. The provider shall Commission proceedings, such as this report the violation to the Federal one, which involve channel allotments. Bureau of Investigation or the United FEDERAL COMMUNICATIONS See 47 CFR 1.1204(b) for rules States Customs Service in the state COMMISSION governing permissible ex parte contacts. where the provider is located. For information regarding proper 47 CFR Part 73 filing procedures for comments, see 47 § 81.14 Contents of report; no duty to CFR 1.415 and 1.420. develop additional information or monitor [MM Docket No. 99±161, RM±9565] customer use or content. List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; Hershey, (a) The provider shall report whatever NE Radio broadcasting. information it obtained that led it to conclude that a violation of federal AGENCY: Federal Communications Federal Communications Commission. child pornography statutes, as defined Commission. John A. Karousos, by section 2251, 2251A, 2252, 2252A, or ACTION: Proposed rule. Chief, Allocations Branch, Policy and Rules 2260 of title 18, United States Code, has Division, Mass Media Bureau. occurred. The report could include SUMMARY: The Commission requests [FR Doc. 99–13255 Filed 5–25–99; 8:45 am] information concerning: visual comments on a petition filed by BILLING CODE 6712±01±P

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FEDERAL COMMUNICATIONS For information regarding proper this decision may also be purchased COMMISSION filing procedures for comments, see 47 from the Commission’s copy contractor, CFR 1.415 and 1.420. International Transcription Services, 47 CFR Part 73 Inc., (202) 857–3800, 1231 20th Street, List of Subjects in 47 CFR Part 73 [MM Docket No. 99±162, RM±9566] NW, Washington, DC 20036. Radio broadcasting. Provisions of the Regulatory Radio Broadcasting Services; Federal Communications Commission. Flexibility Act of 1980 do not apply to Sutherland, NE John A. Karousos, this proceeding. Members of the public should note AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. that from the time a Notice of Proposed Commission. [FR Doc. 99–13256 Filed 5–25–99; 8:45 am] Rule Making is issued until the matter ACTION: Proposed rule. is no longer subject to Commission BILLING CODE 6712±01±P consideration or court review, all ex SUMMARY: The Commission requests parte contacts are prohibited in comments on a petition filed by Commission proceedings, such as this Mountain West Broadcasting to allot FEDERAL COMMUNICATIONS COMMISSION one, which involve channel allotments. Channel 264C1 to Sutherland, NE, as See 47 CFR 1.1204(b) for rules the community’s first local aural 47 CFR Part 73 governing permissible ex parte contacts. service. Channel 264C1 can be allotted For information regarding proper [MM Docket No. 99±163, RM±9595] to Sutherland in compliance with the filing procedures for comments, see 47 Commission’s minimum distance CFR 1.415 and 1.420. separation requirements without the Radio Broadcasting Services; Jackpot, imposition of a site restriction, at NV List of Subjects in 47 CFR Part 73 coordinates 41–09–30 NL; 101–07–36. AGENCY: Federal Communications Radio broadcasting. DATES: Comments must be filed on or Commission. Federal Communications Commission. before July 6, 1999, and reply comments ACTION: Proposed rule. John A. Karousos, on or before July 21, 1999. SUMMARY: The Commission requests Chief, Allocations Branch, Policy and Rules ADDRESSES: Federal Communications Division, Mass Media Bureau. Commission, 445 12th Street, SW, Room comments on a petition filed by [FR Doc. 99–13257 Filed 5–25–99; 8:45 am] TW–A325, Washington, DC 20554. In Mountain West Broadcasting to allot addition to filing comments with the Channel 287C1 to Jackpot, NV, as the BILLING CODE 6712±01±P FCC, interested parties should serve the community’s first local aural service. petitioner, or its counsel or consultant, Channel 287C1 can be allotted to Jackpot in compliance with the FEDERAL COMMUNICATIONS as follows: Victor A. Michael, Jr., COMMISSION President, Mountain West Broadcasting, Commission’s minimum distance 6807 Foxglove Drive, Cheyenne, WY separation requirements without the 47 CFR Part 73 82009 (Petitioner). imposition of a site restriction, at coordinates 41–59–06 NL; 114–40–18 [MM Docket No. 99±164, RM±9598] FOR FURTHER INFORMATION CONTACT: WL. Petitioner is requested to provide Leslie K. Shapiro, Mass Media Bureau, further information demonstrating that Radio Broadcasting Services; Mitchell, (202) 418–2180. Jackpot is a community for allotment NE SUPPLEMENTARY INFORMATION: This is a purposes. synopsis of the Commission’s Notice of AGENCY: Federal Communications DATES: Comments must be filed on or Proposed Rule Making, MM Docket No. Commission. before July 6, 1999, and reply comments 99–162, adopted May 5, 1999, and ACTION: Proposed rule. on or before July 21, 1999. released May 14, 1999. The full text of SUMMARY: this Commission decision is available ADDRESSES: Federal Communications The Commission requests for inspection and copying during Commission, 445 12th Street, SW, Room comments on a petition filed by normal business hours in the FCC TW–A325, Washington, DC 20554. In Mountain West Broadcasting to allot Reference Center, 445 12th Street, SW, addition to filing comments with the Channel 257A to Mitchell, NE, as the Washington, DC. The complete text of FCC, interested parties should serve the community’s first local aural service. this decision may also be purchased petitioner, or its counsel or consultant, Channel 257A can be allotted to from the Commission’s copy contractor, as follows: Victor A. Michael, Jr., Mitchell in compliance with the International Transcription Services, President, Mountain West Broadcasting, Commission’s minimum distance Inc., (202) 857–3800, 1231 20th Street, 6807 Foxglove Drive, Cheyenne, WY separation requirements without the NW, Washington, DC 20036. 82009 (Petitioner). imposition of a site restriction, at Provisions of the Regulatory FOR FURTHER INFORMATION CONTACT: coordinates 41–56–36 NL; 103–48–30 Flexibility Act of 1980 do not apply to Leslie K. Shapiro, Mass Media Bureau, WL. this proceeding. (202) 418–2180. DATES: Comments must be filed on or Members of the public should note SUPPLEMENTARY INFORMATION: This is a before July 6, 1999, and reply comments that from the time a Notice of Proposed synopsis of the Commission’s Notice of on or before July 21, 1999. Rule Making is issued until the matter Proposed Rule Making, MM Docket No. ADDRESSES: Federal Communications is no longer subject to Commission 99–163, adopted May 5, 1999, and Commission, 445 12th Street, SW, Room consideration or court review, all ex released May 14, 1999. The full text of TW–A325, Washington, DC 20554. In parte contacts are prohibited in this Commission decision is available addition to filing comments with the Commission proceedings, such as this for inspection and copying during FCC, interested parties should serve the one, which involve channel allotments. normal business hours in the FCC petitioner, or its counsel or consultant, See 47 CFR 1.1204(b) for rules Reference Center, 445 12th Street, SW, as follows: Victor A. Michael, Jr., governing permissible ex parte contacts. Washington, DC. The complete text of President, Mountain West Broadcasting,

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6807 Foxglove Drive, Cheyenne, WY separation requirements without the FEDERAL COMMUNICATIONS 82009 (Petitioner). imposition of a site restriction, at COMMISSION FOR FURTHER INFORMATION CONTACT: coordinates 40–10–48 NL; 118–28–24 Leslie K. Shapiro, Mass Media Bureau, WL. 47 CFR Part 73 (202) 418–2180. DATES: Comments must be filed on or [MM Docket No. 99±166, RM±9600] SUPPLEMENTARY INFORMATION: This is a before July 6, 1999, and reply comments synopsis of the Commission’s Notice of on or before July 21, 1999. Radio Broadcasting Services; Elko, NV Proposed Rule Making, MM Docket No. 99–164, adopted May 5, 1999, and ADDRESSES: Federal Communications AGENCY: Federal Communications released May 14, 1999. The full text of Commission, 445 12th Street, SW, Room Commission. this Commission decision is available TW–A325, Washington, DC 20554. In ACTION: Proposed rule. for inspection and copying during addition to filing comments with the normal business hours in the FCC FCC, interested parties should serve the SUMMARY: The Commission requests Reference Center, 445 12th Street, SW, petitioner, or its counsel or consultant, comments on a petition filed by Washington, DC. The complete text of as follows: Victor A. Michael, Jr., Mountain West Broadcasting to allot this decision may also be purchased President, Mountain West Broadcasting, Channel 248C1 to Elko, NV, as the from the Commission’s copy contractor, 6807 Foxglove Drive, Cheyenne, WY community’s fifth local aural service. International Transcription Services, 82009 (Petitioner). Channel 248C1 can be allotted to Elko Inc., (202) 857–3800, 1231 20th Street, in compliance with the Commission’s NW, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: minimum distance separation Provisions of the Regulatory Leslie K. Shapiro, Mass Media Bureau, requirements without the imposition of Flexibility Act of 1980 do not apply to (202) 418–2180. a site restriction, at coordinates 40–49– this proceeding. SUPPLEMENTARY INFORMATION: This is a 48 NL; 115–45–36 WL. Members of the public should note synopsis of the Commission’s Notice of DATES: Comments must be filed on or that from the time a Notice of Proposed Proposed Rule Making, MM Docket No. before July 6, 1999, and reply comments Rule Making is issued until the matter 99–165, adopted May 5, 1999, and on or before July 21, 1999. is no longer subject to Commission released May 14, 1999. The full text of ADDRESSES: Federal Communications consideration or court review, all ex Commission, 445 12th Street, S.W., parte contacts are prohibited in this Commission decision is available Room TW–A325, Washington, DC Commission proceedings, such as this for inspection and copying during 20554. In addition to filing comments one, which involve channel allotments. normal business hours in the FCC with the FCC, interested parties should See 47 CFR 1.1204(b) for rules Reference Center, 445 12th Street, SW, serve the petitioner, or its counsel or governing permissible ex parte contacts. Washington, DC. The complete text of consultant, as follows: Victor A. For information regarding proper this decision may also be purchased Michael, Jr., President, Mountain West filing procedures for comments, see 47 from the Commission’s copy contractor, Broadcasting, 6807 Foxglove Drive, CFR 1.415 and 1.420. International Transcription Services, Inc., (202) 857–3800, 1231 20th Street, Cheyenne, WY 82009 (Petitioner). List of Subjects in 47 CFR Part 73 NW, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Radio broadcasting. Leslie K. Shapiro, Mass Media Bureau, Provisions of the Regulatory (202) 418–2180. Federal Communications Commission. Flexibility Act of 1980 do not apply to SUPPLEMENTARY INFORMATION: This is a John A. Karousos, this proceeding. synopsis of the Commission’s Notice of Chief, Allocations Branch, Policy and Rules Members of the public should note Proposed Rule Making, MM Docket No. Division, Mass Media Bureau. that from the time a Notice of Proposed 99–166, adopted May 5, 1999, and [FR Doc. 99–13258 Filed 5–25–99; 8:45 am] Rule Making is issued until the matter released May 14, 1999. The full text of BILLING CODE 6712±01±P is no longer subject to Commission this Commission decision is available consideration or court review, all ex for inspection and copying during FEDERAL COMMUNICATIONS parte contacts are prohibited in normal business hours in the FCC COMMISSION Commission proceedings, such as this Reference Center, 445 12th Street, S.W., one, which involve channel allotments. Washington, DC. The complete text of 47 CFR Part 73 See 47 CFR 1.1204(b) for rules this decision may also be purchased governing permissible ex parte contacts. from the Commission’s copy contractor, [MM Docket No. 99±165, RM±9599] International Transcription Services, For information regarding proper Inc., (202) 857–3800, 1231 20th Street, Radio Broadcasting Services; filing procedures for comments, see 47 NW, Washington, DC 20036. Lovelock, NV CFR 1.415 and 1.420. Provisions of the Regulatory AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 Flexibility Act of 1980 do not apply to Commission. this proceeding. Radio broadcasting. ACTION: Proposed rule. Members of the public should note Federal Communications Commission. that from the time a Notice of Proposed SUMMARY: The Commission requests John A. Karousos, Rule Making is issued until the matter comments on a petition filed by is no longer subject to Commission Mountain West Broadcasting to allot Chief, Allocations Branch, Policy and Rules consideration or court review, all ex Channel 292C1 to Lovelock, NV, as the Division, Mass Media Bureau. parte contacts are prohibited in community’s first local aural service. [FR Doc. 99–13259 Filed 5–25–99; 8:45 am] Commission proceedings, such as this Channel 292C1 can be allotted to BILLING CODE 6712±01±P one, which involve channel allotments. Lovelock in compliance with the See 47 CFR 1.1204(b) for rules Commission’s minimum distance governing permissible ex parte contacts.

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For information regarding proper requests comments on whether pre-1964 this Commission decision is available filing procedures for comments, see 47 grandfathered short-spaced stations and for inspection and copying during CFR 1.415 and 1.420. pre-1989 grandfathered short-spaced normal business hours in the FCC’s Class A stations should be allowed to Reference Information Center (Room List of Subjects in 47 CFR Part 73 change their community of license if no CY–A257), 445 Twelfth Street, SW., Radio broadcasting. change in the licensed technical Washington, DC. The complete text of Federal Communications Commission. facilities is requested. Coordinates used this decision may also be purchased John A. Karousos, for Channel 271B at Encinitas, from the Commission’s copy contractor, California, are 33–06–40 NL; 117–12–05 Chief, Allocations Branch, Policy and Rules International Transcription Service, Division, Mass Media Bureau. WL. This site, which is the licensed site Inc., 1231 20th Street, NW., of Station KXST(FM), will maintain the [FR Doc. 99–13260 Filed 5–25–99; 8:45 am] Washington, DC 20036, (202) 857–3800. present grandfathered short-spacings to BILLING CODE 6712±01±P Provisions of the Regulatory Station KGB–FM, Channel 268B, San Flexibility Act of 1980 do not apply to Diego, and to Station KSCA(FM), this proceeding. Channel 270B, Glendale, California. FEDERAL COMMUNICATIONS Members of the public should note COMMISSION DATES: Comments must be filed on or that from the time a Notice of Proposed before July 6, 1999, and reply comments Rule Making is issued until the matter 47 CFR Part 73 on or before July 21, 1999. is no longer subject to Commission ADDRESSES: Secretary, Federal consideration or court review, all ex [MM Docket No. 99±170; RM±9545] Communications Commission, parte contacts are prohibited in Washington, DC 20554. In addition to Commission proceedings, such as this Radio Broadcasting Services; filing comments with the FCC, Oceanside and Encinitas, CA one, which involve channel allotments. interested parties should serve the See 47 CFR 1.1204(b) for rules AGENCY: Federal Communications petitioner’s counsel, as follows: Richard governing permissible ex parte contacts. R. Zaragoza, and Jason S. Roberts, Esqs., Commission. For information regarding proper Fisher, Wayland, Cooper, Leader & ACTION: Proposed rule. filing procedures for comments, See 47 Zaragoza, L.L.P., 2001 Pennsylvania CFR 1.415 and 1.420. SUMMARY: This document requests Avenue, NW., Suite 400, Washington, comments on a petition for rule making DC 20006. List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: filed on behalf of Compass Radio of San Radio broadcasting. Diego, Inc., requesting the reallotment of Nancy Joyner, Mass Media Bureau, (202) Channel 271B from Oceanside to 418–2180. Federal Communications Commission. Encinitas, California, as that SUPPLEMENTARY INFORMATION: This is a John A. Karousos, community’s first local aural synopsis of the Commission’s Notice of Chief, Allocations Branch, Policy and Rules transmission service and modification Proposed Rule Making, MM Docket No. Division, Mass Media Bureau. of its license for Station KXST(FM) 99–170, adopted May 5, 1999, and [FR Doc. 99–13261 Filed 5–25–99; 8:45 am] accordingly. The Commission also released May 14, 1999. The full text of BILLING CODE 6712±01±P

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Notices Federal Register Vol. 64, No. 101

Wednesday, May 26, 1999

This section of the FEDERAL REGISTER contact Mr. Tracy Atwood the inspection in the Docket Clerk’s Office contains documents other than rules or Designated Federal Officer for BIFAD. between 8:30 a.m. and 4:30 p.m., proposed rules that are applicable to the Write him in care of the Agency for Monday through Friday. public. Notices of hearings and investigations, International Development, Ronald FOR FURTHER INFORMATION CONTACT: F. committee meetings, agency decisions and Reagan Building, Office of Agriculture rulings, delegations of authority, filing of Edward Scarbrough, Ph.D., United petitions and applications and agency and Food Security, 1300 Pennsylvania States Manager for Codex Alimentarius, statements of organization and functions are Avenue, N.W., Room 2.11–005, U.S. Department of Agriculture, Office examples of documents appearing in this Washington, DC 20523–2110, telephone of the Undersecretary for Food Safety, section. him at (202) 712–5571 or fax (202) 216– Room 4861, South Agriculture Building, 3010. 1400 Independence Avenue, SW, Tracy Atwood, Washington, DC 20250–3700; (202) 205– AGENCY FOR INTERNATIONAL USAID Designated Federal Officer (Deputy 7760. For information pertaining to DEVELOPMENT Director, Office of Agriculture and Food particular committees, the delegate of Security, Economic Growth Center, Bureau that committee may be contacted. (A Board for International Food and for Global Programs). complete list of U.S. delegates and Agricultural Development One [FR Doc. 99–13268 Filed 5–25–99; 8:45 am] alternate delegates can be found in Hundred and Twenty-Ninth Meeting; BILLING CODE 6116±01±M Attachment 2 to this notice.) Notice of Meeting SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Background Committee Act, notice is hereby given of DEPARTMENT OF AGRICULTURE the one hundred and twenty-ninth The World Trade Organization (WTO) meeting of the Board for International Food Safety and Inspection Service was established on January 1, 1995, as the common international institutional Food and Agricultural Development [Docket No. 99±013N] (BIFAD). The meeting will be held from framework for the conduct of trade 9:00 a.m. to 5:00 p.m. on June 10 and International Standard-Setting relations among its members in matters from 9:00 a.m. to 4:00 p.m. on June 11, Activities related to the Uruguay Round Trade 1999, in the USAID Public Information Agreements. The WTO is the successor Center, Suite M.1, Mezzanine Level, AGENCY: Food Safety and Inspection organization to the General Agreement Ronald Reagan Building, located at 1300 Service, USDA. on Tariffs and Trade (GATT). U.S. Pennsylvania Avenue, N.W., ACTION: Notice. membership in the WTO was approved Washington, DC 20523. and the Uruguay Round Agreements Act As part of its agenda, BIFAD will SUMMARY: This notice informs the public was signed into law by the President on discuss the role of biotechnology and its of the sanitary and phytosanitary December 8, 1994. The Uruguay Round importance to developing countries: standard-setting activities of the Codex Agreements became effective, with research and development; intellectual Alimentarius Commission (Codex), in respect to the United States, on January property rights; biosafety; biotechnology accordance with section 491 of the 1, 1995. Pursuant to section 491 of the development strategies; and the role of Trade Agreements Act of 1979, as Trade Agreements Act of 1979, as the private sector and future amended, and the Uruguay Round amended, the President is required to developments. During this meeting, Agreements Act, Pub. L. 103–465, 108 designate an agency to be responsible Partnerships for Food Industry Stat. 4809. It also provides a list of other for informing the public of the sanitary Development, a proposed USAID standard-setting activities of Codex, and phytosanitary (SPS) standard- program whose objective is to help including commodity standards, setting activities of each international developing and transition economy guidelines, codes of practice, and standard-setting organization, Codex, countries increase food quality, revised texts. This notice, which covers International Office of Epizootics, and processing and marketing will be the time periods from June 1, 1998, to the International Plant Protection covered. BIFAD will also discuss May 31, 1999, and June 1, 1999, to May Convention. The President, pursuant to revisions to the Title XII legislation and 31, 2000, seeks comments on standards Proclamation No. 6780 of March 23, the establishment of a joint committee currently under consideration and 1995 (60 FR 15845), designated the U.S. to review priorities for and results of recommendations for new standards. Department of Agriculture as the agency USAID/university collaboration. ADDRESSES: Submit any written responsible for informing the public of Those wishing to attend the meeting comments to: FSIS Docket Clerk, U.S. sanitary and phytosanitary standard- should contact Mr. George Like at the Department of Agriculture, Food Safety setting activities of each international Agency for International Development, and Inspection Service, Room 102, standard-setting organization. The Ronald Reagan Building, Office of Cotton Annex, Washington, DC 20250– Secretary of Agriculture has delegated to Agriculture and Food Security, 1300 3700. Please state that your comments the Administrator, Food Safety and Pennsylvania Avenue, N.W., Room refer to Codex and, if your comments Inspection Service (FSIS), the 2.11–072, Washington, DC 20523–2110, relate to specific Codex committees, responsibility to inform the public of telephone (202) 712–1436, fax (202) please identify those committees in your the SPS standard-setting activities of 216–3010 or internet [[email protected]] comments and submit a copy of your Codex. The FSIS Administrator has, in with your full name. comments to the delegate from that turn, assigned the responsibility for Anyone wishing to obtain additional particular committee. All comments informing the public of the SPS information about BIFAD should submitted will be available for public standard-setting activities of Codex to

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28429 the Office of U.S. Codex Alimentarius, relating to Codex Alimentarius. The chairpersons and six members elected FSIS. United States’ delegate will maintain a from the Commission, one from each of Codex was created in 1962 by two list of individuals, groups, and the following geographic regions: Africa, U.N. organizations, the Food and organizations that have expressed an Asia, Europe, Latin America and the Agriculture Organization (FAO) and the interest in the activities of the Codex Caribbean, North America, and South- World Health Organization (WHO). committees and will disseminate West Pacific. At its session in June 1999, Codex is the principal international information regarding United States’ it will consider the following items: organization for encouraging fair delegation activities to interested • Report of the financial situation of international trade in food and parties. This information will include the Joint FAO/WHO Food Standards protecting the health and economic the current status of each agenda item; Programme for 1998/99 and 2000/01; interests of consumers. Through the United States Government’s position • Principles of Risk Analysis; adoption of food standards, codes of or preliminary position on the agenda • Matters Arising from Reports of practice, and other guidelines items; and the time and place of Codex Committees; • developed by its committees and by planning meetings and debriefing Designation of Host Governments promoting their adoption and meetings following Codex committee for Codex Committees and ad hoc Intergovernmental Task Forces; implementation by governments, Codex sessions. Please notify the appropriate • seeks to ensure that the world’s food U.S. delegate or the Office of U.S. Codex Review of Criteria for New Work supply is sound, wholesome, free from Alimentarius, Room 4861, South and Guidelines for the Establishment of adulteration, and correctly labeled. In Agriculture Building, 1400 ‘‘Inclusive’’ Standards; and • Provision of Documentation, the United States, the United States Independence Avenue, SW, Translation and Interpretation Services Department of Agriculture (USDA); the Washington, DC 20250–3700, if you for Codex Committees. Food and Drug Administration (FDA), would like to receive information about Department of Health and Human specific committees. Responsible Agency: USDA/FSIS Services (HHS), and the Environmental The information provided in U.S. Participation: Yes Protection Agency (EPA) manage and Attachment 1 describes the status of Codex Committee on Residues of carry out U.S. Codex activities. Codex standard-setting activities by the Veterinary Drugs in Foods Codex Committees for the time periods As the agency responsible for The Codex Committee on Residues of informing the public of the sanitary and from June 1, 1998 to May 31, 1999, and June 1, 1999 to May 31, 2000. In Veterinary Drugs determines priorities phytosanitary standard-setting activities for the consideration of residues of of Codex, FSIS publishes this notice in addition, the following attachments are included: veterinary drugs in foods and the Federal Register annually. recommends Maximum Residue Limits Attachment 1 (Sanitary and Attachment 2 List of U.S. Codex (MRLs) for veterinary drugs. A Codex Phytosanitary Activities of Codex) sets Officials (includes U.S. delegates and Maximum Limit for Residues of forth the following information: alternate delegates). Veterinary Drugs (MRLVD) is the 1. The sanitary or phytosanitary Attachment 3 Timetable of Codex maximum concentration of residue standards under consideration or Sessions (June 1998 through May resulting from the use of a veterinary planned for consideration; and 2000) drug (expressed in mg/kg or ug/kg on a 2. For each sanitary or phytosanitary Attachment 4 Definitions for the fresh weight basis) that is recommended standard specified: Purpose of Codex Alimentarius by the Codex Alimentarius Commission a. A description of the consideration Attachment 5 Part 1-Uniform to be permitted or recognized as or planned consideration of the Procedure for the Elaboration of Codex Standards and Related Texts acceptable in or on a food. standard; An MRLVD is based on the type and b. Whether the United States is Part 2-Uniform Accelerated Procedure amount of residue considered to be participating or plans to participate in for the Elaboration of Codex without any toxicological hazard for the consideration of the standard; Standards and Related Texts human health as expressed by the c. The agenda for United States Attachment 6 Nature of Codex Acceptable Daily Intake (ADI)*, or on participation, if any; and Standards the basis of a temporary ADI that d. The agency responsible for Done at Washington, DC on: May 20, 1999. utilizes an additional safety factor. An representing the United States with F. Edward Scarbrough, MRLVD also takes into account other respect to the standard. United States Manager for Codex relevant public health risks as well as To Obtain Copies of those Standards Alimentarius. food technological aspects. Listed in Attachment 1 that are Under Attachment 1: Sanitary and When establishing an MRLVD, Consideration by Codex, Please Phytosanitary Activities of Codex consideration is also given to residues Contact the Codex Delegate or the that occur in food of plant origin and/ Office of U.S. Codex Alimentarius Codex Alimentarius Commission and or the environment. Furthermore, the This notice also solicits public Executive Committee MRLVD may be reduced to be consistent comment on those standards that are The Codex Alimentarius Commission with good practices in the use of under consideration and on will hold its Twenty-third Session June veterinary drugs and to the extent that recommendations for new standards. 28–July 3, 1999 in Rome, Italy. At that practical analytical methods are The delegate, in conjunction with the time it will consider the standards, available. responsible agency, will take the codes of practice, and related matters • Acceptable Daily Intake (ADI): An comments received into account in brought to its attention by the general estimate by the Joint FAO/WHO Expert participating in the consideration of the subject committees, commodity Committee on Food Additives (JECFA) standards and in proposing matters to committees, and member delegations. of the amount of a veterinary drug, be considered by Codex. Prior to the Commission meeting, the expressed on a body weight basis, that The United States’ delegate will Executive Committee met in June 1998 can be ingested daily over a lifetime facilitate public participation in the and will meet June 24–25, 1999. It is without appreciable health risk United States Government’s activities composed of the chairperson, vice- (standard man = 60 kg).

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The following matters, contained in contaminants, and naturally occurring Food Additive Specifications ALINORM 99/31, will be considered by toxicants in food and animal feed; (b) • Specifications for the following the Codex Alimentarius Commission at prepares priority lists of food additives food additives are recommended by the its 23rd Session: and contaminants for toxicological CCFAC for adoption by the Twenty- To be considered at Step 8: evaluation by the Joint FAO/WHO third Session of the Codex Commission: Alpha-Cypermethrin/Cypermethrin Expert Committee on Food Additives acetone, agar, alginic acid, aluminium Azaperone (JECFA); (c) recommends specifications powder, ammonium alginate, calcium Bovine Somatatropins of identity and purity for food additives alginate, calcium gluconate, calcium Cetiofur for adoption by the Commission; (d) propionate, calcium sorbate, Diclazuril considers methods of analysis for food canthaxanthin, carbon dioxide, Dihydrostreptomycin/Streptomycin additives and contaminants; and (e) carnauba wax, carthamus red, Febantel/Febendazole/Oxyfendazole considers and elaborates standards and carthamus yellow, diacetyltartaric and Neomycin codes for related subjects such as fatty acid esters of glycerol, Spectinomycin labeling of food additives when sold as dichloromethane, ethyl hydroxyethyl Tilmicosin such and food irradiation. The 31st cellulose, ethyl p-hydroxybenzoate, To be considered at Step 5/8: Session of the CCFAC met March 22–26, gellan gum, glucono delta-lactone, 1999, in The Hague, The Netherlands. Febantel/Febendazole/Oxyfendazole hexanes, 4-hexylresorcinol, The plenary of the 32nd Session of the Fluazuron hydrogenated poly-1-decene, isoamyl CCFAC is tentatively scheduled for Nicarbazin acetate, isobutanol, maltitol syrup, March 20–24, 2000, in Beijing, the Benzylpenicillin/Procaine methyl p-hydroxybenzoate, People’s Republic of China. The Benzylpenicillin microcrystalline wax, mineral oil following matters contained in Spectinomicin (medium and low viscosity), mixed ALINORMs 99/12 and 99/12A are under Moxidectin carotenoids, modified starches, consideration by the CCFAC. To be considered at Step 5: petroleum jelly, polydextrose, Chlorotetracyline/Oxytetracycline/ Risk Analysis polyglycitol syrup, potassium alginate, Tetracycline The Discussion Paper entitled potassium gluconate, potassium Cyfluthrin ‘‘Application of Risk Analysis propionate, potassium sorbate, propane- Danofloxacin Principles to the Work of the Codex 2-ol, propionic acid, propyl p- Eprinomectin Committee on Food Additives and hydroxybenzoate, propylene glycol, Flumequine Contaminants (CCFAC) and the Joint propylene glycol alginate, propylene Imidocarb FAO/WHO Expert Committee on Food glycol esters of fatty acids, salatrim, Sarafloxicin Additives (JECFA)’’ will be forwarded to sodium alginate, sodium carboxymethyl the 53rd JECFA for comment. In cellulose enzymatically hydrolyzed, Priority List of Veterinary Drugs response to the discussion by the 31st sodium gluconate, sucroglycerides, Requiring Evaluation or Reevaluation CCFAC and the recommendations of the sulfur dioxide, and tertiary- • Replacement of Codex MRLs for JECFA, the Discussion Paper will be butylhydroquinone. • Specifications for the following Benzylpenicillin with MRLs for revised by the U.S. and circulated for flavoring agents are recommended by Benzylpenicillin/Procaine comment and further discussion by the the CCFAC for adoption by the Twenty- Benzylpenicillin 32nd CCFAC (2000). third Session of the Codex Commission, The Committee is continuing work Food Additives numbers in parentheses are the Joint on: • FAO/WHO Expert Committee on Food • Draft Maximum Residue Limits for Annex A (Guidelines for the Additives’ (JECFA) flavor identification Veterinary Drugs; Estimation of Appropriate Levels of Use numbers: allyl cyclohexane propionate • Risk Analysis in the Codex of Food Additives) to the Preamble of (13), ethyl octanoate (33), ethyl Committee on Residues of Veterinary the General Standard for Food Additives nonanoate (34), isoamyl acetate (43), Drugs in Foods; (GSFA) was forwarded to the CAC for isoamyl butyrate (45), isoamyl • Guidelines on Residues at Injection adoption at Step 5. Table 1 of the GSFA isobutyrate (49), isoamyl isovalerate Sites; (Additives Permitted for Use Under (50), citronellyl formate (53), geranyl • Guidelines on the Control of Specified Conditions in Certain Food formate (54), neryl formate (55), Veterinary Drug Residues in Milk and Categories or Individual Food Items) rhodinyl formate (56), citronellyl acetate Milk Products; was forwarded to CAC with • Draft Code of Practice for Good recommendation for adoption of (57), neryl acetate (59), rhodinyl acetate Animal Feeding; and specific provisions at Step 8 or (60), citronellyl propionate (61), geranyl • Methods of Analysis and Sampling maintaining specific provisions at Step propionate (62), cis-3,7-dimethyl-2,6- Issues. 6; (see Table 1, below). The 31st CCFAC octadien-1-yl propanoate (63), also proposed draft revisions to the citronellyl butyrate (65), geranyl Responsible Agency: HHS/FDA; USDA/ Preamble of the GSFA at Step 3 of butyrate (66), neryl butyrate (67), FSIS Codex’s uniform accelerated procedure. rhodinyl butyrate (68), citronellyl U.S. Participation: Yes • The 31st CCFAC agreed to isobutyrate (71), neryl isobutyrate (73), Food Additives and Contaminants reestablish the ad hoc working group on neryl isovalerate (76), formic acid (79), the GSFA for its 32nd Session under the acetaldehyde (80), acetic acid (81), Codex Committee on Food Additives chairmanship of the U.S. This ad hoc propyl alcohol (82), propionaldehyde and Contaminants working group is expected to meet prior (83), propionic acid (84), butyl alcohol The Codex Committee on Food to the plenary session of the 32nd (85), butyraldehyde (86), butyric acid Additives and Contaminants (CCFAC) CCFAC. (87), amyl alcohol (88), valeraldehyde (a) establishes or endorses permitted • A discussion paper on the use of (89), valeric acid (90), hexyl alcohol maximum or guideline levels for colors in foods will be revised for (91), hexanal (92), hexanoic acid (93), individual food additives, further discussion by the 32nd CCFAC. heptyl alcohol (94), heptanal (95),

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28431 heptanoic acid (96), 1-octanol (97), (219), 4-hydroxy-3-pentenoic acid (220), (332), ethyl 3-hexenoate (335), cis-3- octanal (98), octanoic acid (99), nonyl 4-hydroxy-3-pentenoic acid lactone hexenyl cis-3-hexenoate (336), ethyl 10- alcohol (100), nonanal (101), nonanoic (221), 5-ethyl-3-hydroxy-4-methyl- undecenoate (343), ethyl oleate (345), acid (102), 1-decanol (103), decanal 2(5H)-furanone (222), gamma- methyl linoleate and methyl linolenate (104), decanoic acid (105), undecyl hexalactone (223), delta-hexalactone (mix) (346), 2,6-dimethyl-5-heptenal alcohol (106), undecanal (107), (224), gamma-heptalactone (225), (349), ethyl 2-methyl-4-pentenoate undecanoic acid (108), lauryl alcohol gamma-octalactone (226), 4,4-dibutyl- (351), methyl 3, 7-dimethyl-6-octenoate (109), lauric aldehyde (110), lauric acid gamma-butyrolactone (227), delta- (354), linalool (356), tetrahydrolinalool (111), myristaldehyde (112), myristic octalactone (228), gamma-nonalactone (357), linalyl formate (358), linalyl acid (113), 1-hexadecanol (114), (229), hydroxynonanoic acid, delta- acetate (359), linalyl propionate (360), palmitic acid (115), stearic acid (116), lactone (230), gamma-decalactone (231), linalyl butyrate (361), linalyl isobutyrate propyl formate (117), butyl formate delta-decalactone (232), gamma- (362), linalyl isovalerate (363), linalyl (118), n-amyl formate (119), hexyl undecalactone (233), 5- hexanoate (364), alpha-terpineol (366), formate (120), octyl formate (122), cis-3- hydroxyundecanoic acid lactone (234), terpinyl acetate (368), terpinyl hexenyl formate (123), methyl acetate gamma-dodecalactone (235), delta- propionate (369), p-menthan-2-one (125), propyl acetate (126), butyl acetate Dodecalactone (236), 6-hydroxy-3,7- (375), dihydrocarveol (378), (127), hexyl acetate (128), heptyl acetate dimethylpctanoic acid lactone (237), dihydrocarvyl acetate (379), (+)carvone (129), octyl acetate (130), nonyl acetate delta-tetradecalactone (238), omega-6- (380a), (-)carvone (380b), carveol (381), (131), decyl acetate (132), lauryl acetate hexadecenlactone (240), epsilon- carvyl acetate (382), beta-damascone (133), cis-3-hexenyl acetate (134), trans- dodecalactone (242), 4,5-dimethyl-3- (384), alpha-damascone (385), delta- 3-heptenyl acetate (135), 10-undecen-1- hydroxy-2,5-dihydrofuran-2-one (243), damascone (386), damascenone (387), yl acetate (136), isobutyl acetate (137), 5-hydroxy-2,4-decadienoic acid delta- alpha-ionone (388), beta-ionone (389), 2-methylbutyl acetate (138), acetone lactone (245), 5-hydroxy-2-decenoic alpha-ionol (391), dihydro-alpha-ionone (139), methyl propionate (141), propyl acid delta-lactone (246), gamma- (393), dihydro-beta-ionol (395), propionate (142), butyl propionate methyldecalactone (250), isobutyl dehydrodihydroionone (396), dehydrodihydroinol (397), methyl (143), hexyl propionate (144), octyl alcohol (251), isobutyraldehyde (252), alpha-ionone (398), methyl beta-ionone propionate (145), decyl propionate isobutyric acid (253), 2- (399), allyl alpha-ionone, (401), alpha- (146), cis-3 and trans-2-hexenyl methylbutyraldehyde (254), 2- irone (403), alpha-iso-methylionone propionate (147), isobutyl propionate methylbutyric acid (255), 2- (404), acetoin (405), 2,3-pentanedione (148), methyl butyrate (149), propyl ethylbutyraldehyde (256), 2-ethylbutyric (410), 2,3-hexanedione (412), 3,4- butyrate (150), butyl butyrate (151), n- acid (257), 3-methylbutyraldehyde hexanedione (413), 2,3-heptanedione amyl butyrate (152), hexyl butyrate (258), isovaleric acid (259), 2- (415), ethylcyclopentenolone (419), 3,4- (153), cis-3-hexenyl butyrate (157), methylvaleric acid (261), 3- dimethyl-1,2-cyclopentanedione (420), isobutyl butyrate (158), methyl valerate methylpentanoic acid (262), 3-methyl-1- 3-ethyl-2-hydroxy-4-methylcyclopent-2- (159), butyl valerate (160), propyl pentanol (263), 4-methylpentanoic acid en-1-one (422), 5-ethyl-2-hydroxy-3- hexanoate (161), butyl hexanoate (162), (264), 2-methylhexanoic acid (265), 5- methylcyclopent-2-en-1-one (423), 1- n-amyl hexanoate (163), hexyl methylhexanoic acid (266), 2-ethyl-1- metyl-2,3-cyclohexadione (425), 2- hexanoate (164), isobutyl hexanoate hexanoic acid (267), 3,5,5-trimethyl-1- hydrox-3,5,5-trimethyl-2-cyclohexen-1- (166), methyl heptanoate (167), n-amyl hexanol (268), 3,5,5-trimethylhexanal one (426), menthol (427), menthone heptanoate (170), methyl octanoate (269), 3,7-dimethyl-1-octanol (272), 4- (429), (±)isomenthone (430), menthyl (173), n-amyl octanoate (174), hexyl methylnonanoic acid (274), 2- acetate (431), menthyl isovalerate (432), octanoate (175), methyl nonanoate methylundecanal (275), isopropyl (-)menthyl lactate (433), piperitone (179), methyl laurate (180), butyl laurate alcohol (277), 2-butanone (278), 2- (435), gamma-lactone (437), 4- (181), methyl myristate (183), methyl pentanone (279), 2-pentanol (280), 3- carvomenthenol (439), (-)menthol isobutyrate (185), ethyl isobutyrate hexanone (281), 3-hexanol (282), 2- ethylene glycol carbonate (443), (186), propyl isobutyrate (187), butyl heptanone (283), 2-heptanol (284), 3- (-)menthol 1-and 2-propylene glycol isobutyrate (188), hexyl isobutyrate heptanone (285), 3-heptanol (286), 4- carbonate (444), (-)menthone 1, 2- (189), heptyl isobutyrate (190), trans-3- heptanone (287), 2-octanone (288), 2- glycerol ketal (445), (±)menthone 1,2- heptenyl 2-methyl propanoate (191), octanol (289), 3-octanone (290), 3- glycerol ketal 446), mono-menthyl octyl isobutyrate (192), dodecyl octanol (291), 2-nonanone (292), 2- succinate (447), 1-ethylhexyl tiglate isobutyrate (193), isobutyl isobutyrate nonanol (293), 3-nonanone (294), 3- (3-octyl tiglate) (448) (194), methyl isovalerate (195), ethyl decanol (295), 2-undecanone (296), 2- • Specifications for the following isovalerate (196), propyl isovalerate undecanol (297), 2-tridecanone (298), 4- food additives are recommended by the (197), butyl isovalerate (198), hexyl 3- methyl-2-pentanone (301) 2,6-dimethyl- CCFAC for adoption by the Twenty- methylbutanoate (199), octyl isovalerate 4-heptanone (302), 2,6-dimethyl-4- third Session of the CAC after changes (200), nonyl isovalerate (201), 3-hexenyl heptanol (303), isopropyl acetate (305), considered editorial have been made: 3-methylbutanoate (202), 2- isopropyl butyrate (307), isopropyl gum arabic and sodium propionate. methylpropyl 3-methylbutyrate (203), isobutyrate (309), isopropyl isovalerate • Specifications for the following methyl 2-methylbutyrate (205), ethyl 2- (310), isopropyl myristate (311), flavoring agents are recommended by methylbutyrate (206), n-butyl 2- isopropyl tiglate (312), 3-octyl acetate the CCFAC for adoption by the Twenty- methylbuytyrate (207), hexyl 2- (313), 4-pentenoic acid (314), cis-3- third Session of the CAC after changes methylbutanoate (208), octyl 2- hexen-1-ol (315), 4-hexen-1-ol (318), 4- considered editorial have been made: methylbutyrate (209), 2-methylbutyl 2- heptenal (320), cis-3-octen-1-ol (321), geranyl acetate (58), and isobutyl methylbutyrate (212), ethyl 2-methyl cis-5-octen-1-ol (322), cis-5-otenal (323), formate (124). pentanoate (214), methyl 4- cis-6-nonen-1-ol (324), cis-6-nonenal • The 31st CCFAC agreed to methylvalerate (216), trans-anethole (325), 4-decenal (326), 9-decenoic acid reestablish the ad hoc working group for (217), citric acid (218), 4-hydroxybutyric (328), 10-undecenal (330), 10- food additive specifications for its 32nd acid lactone (gamma-butyrolactone) undecenoic acid (331), linoleic acid Session under the chairmanship of the

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U.S. This ad hoc working group is aligned with the WHO Guideline levels Table 1 expected to meet prior to the plenary for Drinking Water Quality and Acesulfame Potassium (Step 6) session of the 32nd CCFAC. forwarded this recommendation to the Acetic Acid (Adopted at Step 8) CAC. Contaminants • Acetic and Fatty Acid Esters of Glycerol The 31st CCFAC agreed to (Adopted at Step 8) • Methodology and Principles for reestablish the ad hoc working group for Acetylated Distarch Adipate (Adopted Exposure Assessment in the Codex contaminants for its 32nd Session under at Step 8) General Standard for Contaminants and the chairmanship of Denmark. This ad Acetylated Distarch Phosphate Toxins in Food (paper to be revised for hoc working group is expected to meet (Adopted at Step 8) consideration by the 32nd CCFAC). prior to the plenary session of the 32nd • Maximum Levels and Sampling Acid Treated Starch (Adopted at Step 8) CCFAC. Adipic Acid (Step 6) Plan for Aflatoxins in Raw Peanuts for Agar (Adopted at Step 8) further processing (forwarded to CAC Future Work Alginic Acid (Adopted at Step 8) for adoption at Step 8). Maximum Level The CCFAC agreed to propose the Alitame (Step 6) for aflatoxin M1 in Milk (forwarded to following as future work for the Alkaline Treated Starch (Adopted at CAC for adoption at Step 8). Committee: (1) Revision of the Codex • Step 8) Position Paper on Ochratoxin A General Standard for Irradiated Foods (paper to be revised for consideration by Allura Red AC (Step 6) (pending agreement by CAC); (2) Alpha-Amylase (Aspergillus oryzae, the 32nd CCFAC). Draft Maximum discussion paper on processing aids; (3) var.) (Forwarded for adoption at Step Levels for Ochratoxin A in Cereals and discussion paper on fumonisins; (4) 8) Cereal Products to be circulated for Code of Practice for the Prevention of Alpha-Amylase (Bacillus megaterium comment and further consideration by Contamination by Zearalenone (pending expressed in Bacillus subtilis) the 32nd CCFAC at Step 3. agreement by CAC). • Position Paper on Patulin (paper to (Adopted at Step 8) Responsible Agency: HHS/FDA be revised for consideration by the 32nd Alpha-Amylase (Bacillus CCFAC). Draft Maximum Level for U.S. Participation: Yes stearothermophilus expressed in Bacillus subtilis) (Adopted at Step 8) Patulin in Apple Juice and the Apple General Standard for Food Additives Juice Ingredient in other Beverages was Alpha-Amylase (Bacillus For the purposes of Codex, a food forwarded to the CAC for adoption at stearothermophilus) (Adopted at Step additive means any substance not Step 5. 8) normally consumed as a food by itself • Position Paper on Zearalenone Alpha-Amylase (Bacillus subtilis) and not normally used as a typical (Paper will be finalized and circulated (Adopted at Step 8) ingredient in the food, whether or not it for comment and consideration by the Alpha-Tocopherol (Step 6) has nutritive value, the intentional 32nd CCFAC.) Aluminium Ammonium Sulfate (Step 6) • Draft Code of Practice for Source addition of which to food for a Aluminium Silicate (Adopted at Step 8) Directed Measures to Reduce technological (including organoleptic) Amaranth (Step 6) Contamination of Foodstuffs (paper to purpose in the manufacture, processing, Ammonium Acetate (Adopted at Step 8) be revised for consideration at Step 3 by preparation, treatment, packing, Ammonium Adipate (Step 6) the 32nd CCFAC). packaging, transport, or holding of such Ammonium Alginate (Adopted at Step • Draft Maximum Levels for Lead food results, or may be reasonably 8) (Revised levels to be circulated for expected to result (directly or Ammonium Carbonate (Adopted at Step comment and consideration at Step 6 by indirectly), in it or its by-products 8) the 32nd CCFAC). becoming a component of or otherwise Ammonium Chloride (Adopted at Step • Discussion Paper on Cadmium affecting the characteristics of such 8) (Paper to be revised and circulated for foods. The term food additive does not Ammonium Citrate (Adopted at Step 8) comment and consideration by the 32nd include ‘‘contaminants’’ or substances Ammonium Hydrogen Carbonate CCFAC). Draft Maximum Levels for added to food for maintaining or (Adopted at Step 8) Cadmium for Cereals, Pulses and improving nutritional qualities. Ammonium Hydroxide (Adopted at Legumes to be circulated for comment at The General Standard for Food Step 8) Step 6. (Proposed draft maximum levels Additives (GSFA) will set forth Ammonium Lactate (Adopted at Step 8) for Cadmium in other foods to be maximum levels of use of food additives Ammonium Polyphosphate (Step 6) circulated at Step 3). in various foods and food categories. Annatto Extracts (Includes Bixin and • Position Paper on Arsenic (Paper to The maximum levels will be based on Norbixin) (Step 6) be finalized and will form the basis of the food additive provisions of Ascorbic Acid (Adopted at Step 8) future work when routine methodology previously established Codex Ascorbyl Palmitate (Step 6) becomes available to determine toxic commodity standards, as well as on the Ascorbyl Stearate (Step 6) arsenic in food). use of the additives in non-standardized Aspartame (Step 6) • Maximum Levels for Tin in Canned foods. Azodicarbonamide (Forwarded for Foods (Draft maximum levels for Only those food additives for which adoption at Step 8) canned foods were forwarded to the an acceptable daily intake (ADI) has Azorubine (Step 6) CAC for adoption at Step 5). been established by the Joint FAO/WHO Beeswax, White and Yellow (Step 6) • Discussion Paper on Dioxins (Paper Expert Committee on Food Additives Beet Red (Adopted at Step 8) to be revised for circulation and (JECFA) are included in the General Benzoic Acid (Step 6) comment by the 32nd CCFAC). Standard for Food Additives (GSFA) at Benzoyl Peroxide (Step 6) • Section 3.2 (Health Related Limits this time. All of the additives that have Bleached Starch (Adopted at Step 8) for Certain Substances) of the Codex been adopted by the CAC at Step 8 or Bone Phosphate (Step 6) Standard for Natural Mineral Waters. are currently under consideration in the Brilliant Black PN (Step 6) The 32nd CCFAC agreed that Section draft GFSA are listed below. (See Brilliant Blue FCF (Step 6) 3.2 of this Codex Standard should be ALINORM 99/12A and CX/FAC 99/6.) Bromelain (Adopted at Step 8)

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Brown HT (Step 6) Chlorophylls, Copper Complex (Step 6) Guaiac Resin (Forwarded for adoption at Butylated Hydroxyanisole (BHA) (Step Choline Salts (Adopted at Step 8) Step 8) 6) Citric Acid (Adopted at Step 8) Guanylic Acid, 5′- (Adopted at Step 8) Butylated Hydroxytoluene (BHT) (Step Citric and Fatty Acid Esters of Glycerol Guar Gum (Adopted at Step 8) 6) (Adopted at Step 8) Gum Arabic (Adopted at Step 8) Calcium Acetate (Adopted at Step 8) Curcumin (Step 6) Hexamethylene Tetramine (Step 6) Calcium Alginate (Adopted at Step 8) Cyclamic Acid (and Sodium, Potassium, Hydrochloric Acid (Adopted at Step 8) Calcium Aluminum Silicate (Adopted at Calcium Salts) (Step 6) Hydroxypropyl Cellulose (Adopted at Step 8) Beta-Cyclodextrin (Step 6) Step 8) Calcium Benzoate (Step 6) Dextrins, White and Yellow, Roasted Hydroxypropyl Distarch Phosphate Calcium Carbonate (Adopted at Step 8) Starch (Adopted at Step 8) (Adopted at Step 8) Calcium Chloride (Adopted at Step 8) Diacetyltartaric and Fatty Acid Esters of Hydroxypropyl Methyl Cellulose Calcium Citrate (Adopted at Step 8) Glycerol (Step 6) (Adopted at Step 8) Calcium Disodium Ethylene Diamine Diammonium Orthophosphate (Step 6) Hydroxypropyl Starch (Adopted at Step Tetra Acetate (Step 6) Dicalcium Diphosphate (Step 6) 8) Indigotine (Step 6) Calcium Ferrocyanide (Forwarded for Dicalcium Orthophosphate (Step 6) ′ adoption at Step 8) Dilauryl Thiodipropionate (Forwarded Inosinic Acid, 5 - (Adopted at Step 8) Insoluble Polyvinylpyrrolidone Calcium Gluconate (Adopted at Step 8) for adoption at Step 8) (Adopted at Step 8) Calcium Glutamate, Dl -L-, (Adopted at Dimagnesium Orthophosphate (Step 6) Iron Oxide, Black (Step 6) Step 8) Dimethyl Dicarbonate (Forwarded for Iron Oxide, Red (Step 6) Calcium Guanylate, 5—(Adopted at Step adoption at Step 8) Iron Oxide, Yellow (Step 6) 8) Dioctyl Sodium Sulfosuccinate (Step 6) Isomalt (Adopted at Step 8) Calcium Hydrogen Sulfite (Step 6) Diphenyl (Step 6) Isopropyl Citrate (Step 6) ′ Calcium Hydroxide (Adopted at Step 8) Dipotassium Guanylate, 5 (Adopted at Karaya Gum (Adopted at Step 8) Calcium Inosinate, 5—(Adopted at Step Step 8) Konjac Flour (Adopted at Step 8) 8) Dipotassium Inosinate, 5′ (Adopted at Lactic Acid (Adopted at Step 8) Calcium Lactate (Adopted at Step 8) Step 8) Lactic and Fatty Acid Esters of Glycerol Calcium Malate, D,L—(Adopted at Step Dipotassium Orthophosphate (Step 6) (Adopted at Step 8) 8) Dipotassium Tartrate (Step 6) Lactitol (Adopted at Step 8) Calcium Oxide (Adopted at Step 8) Disodium Diphosphate (Step 6) Lecithin (Adopted at Step 8) Calcium Polyphosphate (Step 6) Disodium Ethylene Diamine Tetra Lipase (Animal Sources) (Adopted at Calcium Propionate (Adopted at Step 8) Acetate (Step 6) Step 8) Calcium Ribonucleotides, 5—(Adopted Disodium Guanylate, 5′ (Adopted at Lipase (Aspergillus oryzae, var.) at Step 8) Step 8) (Adopted at Step 8) Calcium Silicate (Adopted at Step 8) Disodium Inosinate, 5′ (Adopted at Step Lysozyme Hydrochloride (Forwarded Calcium Sorbate (Step 6) 8) for adoption at Step 8) Calcium Stearoyl Lactylate (Step 6) Disodium Orthophosphate (Step 6) Magnesium Carbonate (Adopted at Step Calcium Sulfate (Adopted at Step 8) Disodium Ribonucleotides, 5′ (Step 6) 8) Candelilla Wax (Step 6) Disodium Tartrate (Step 6) Magnesium Chloride (Adopted at Step Canthaxanthin (Step 6) Distarch Phosphate (Adopted at Step 8) 8) Caramel Color, Class I (Adopted at Step Enzyme Treated Starch (Adopted at Magnesium Gluconate (Adopted at Step 8) Step 8) 8) Caramel Color, Class II (Adopted at Step Erythorbic Acid (Adopted at Step 8) Magnesium Glutamate, Dl-L-, (Adopted 8) Erythrosine (Step 6) at Step 8) Caramel Color, Class III—Ammonia Ethyl Cellulose (Adopted at Step 8) Magnesium Hydrogen Carbonate Process (Forwarded for adoption at Ethyl p-Hydroxybenzoates (Step 6) (Adopted at Step 8) Step 8) Ethyl Hydroxyethyl Cellulose (Adopted Magnesium Hydroxide (Adopted at Step Caramel Color, Class IV—Ammonia at Step 8) 8) Sulfite Process (Forwarded for Ethyl Maltol (Step 6) Magnesium Lactate (Adopted at Step 8) adoption at Step 8) Fast Green FCF (Forwarded for adoption Magnesium Oxide (Adopted at Step 8) Carbon Dioxide (Adopted at Step 8) at Step 8) Magnesium Silicate (Synthetic) Carmines (Including aluminum & Ferric Ammonium Citrate (Forwarded (Adopted at Step 8) Magnesium Chloride (Adopted at Step calcium lakes of carminic acid) (Step for adoption at Step 8) 8) 6) Ferrous Gluconate (Forwarded for Malic Acid (Adopted at Step 8) Carnauba Wax (Step 6) adoption at Step 8) Maltitol (including maltitol syrup) Carob Bean Gum (Adopted at Step 8) Ferrous Lactate (Forwarded for adoption ′ (Adopted at Step 8) Beta-Apo-8 -Carotenoic Acid, Methyl or at Step 8) Maltol (Step 6) Ethyl Ester (Step 6) Formic Acid (Step 6) Mannitol (Adopted at Step 8) ′ Beta-Apo-8 -Carotenal (Step 6) Fumaric Acid (Adopted at Step 8) Methyl Cellulose (Adopted at Step 8) Beta-Carotene (Synthetic) (Step 6) Gellan Gum (Adopted at Step 8) Methyl Ethyl Cellulose (Adopted at Step Carrageenan (Adopted at Step 8) Glucono Delta-Lactone (Adopted at Step 8) Carotenes, Natural Extracts, (Vegetable) 8) Methyl p-Hydroxybenzoate (Step 6) (Step 6) Glucose Oxidase (Aspergillus niger, Microcrystalline Cellulose (Adopted at Castor Oil (Step 6) var.) (Adopted at Step 8) Step 8) Chlorine (Step 6) Glutamic Acid, L- (Adopted at Step 8) Microcrystalline Wax (Step 6) Chlorine Dioxide (Step 6) Glycerol (Adopted at Step 8) Mineral Oil (Step 6) Chlorophyllin Copper Complex, Sodium Glycerol Ester of Wood Rosin Mineral Oil (High Viscosity) (Step 6) and Potassium Salts (Step 6) (Forwarded for adoption at Step 8) Mineral Oil (Medium & Low Viscosity, Chlorophylls (Adopted at Step 8) Grape Skin Extract (Step 6) Class I) (Step 6)

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Mineral Oil (Medium & Low Viscosity, Potassium Benzoate (Step 6) Sodium Erythorbate (Adopted at Step 8) Classes II & III) (Step 6) Potassium Bisulfite (Step 6) Sodium Ferrocyanide (Forwarded for Mixed Tocopherols Concentrate (Step 6) Potassium Carbonate (Adopted at Step adoption at Step 8) Mono-and Diglycerides (Adopted at 8) Sodium Fumarate (Adopted at Step 8) Step 8) Potassium Dihydrogen Carbonate Sodium Gluconate (Adopted at Step 8) Monoammonium Glutamate, L- (Adopted at Step 8) Sodium Hydrogen Carbonate (Adopted (Adopted at Step 8) Potassium Ferrocyanide (Forwarded for at Step 8) Monoammonium Orthophosphate (Step adoption at Step 8) Sodium Hydrogen Malate (Adopted at 6) Potassium Gluconate (Adopted at Step Step 8) Monocalcium Orthophosphate (Step 6) 8) Sodium Hydrogen Sulfite (Step 6) Monopotassium Glutamate, L- (Adopted Potassium Hydrogen Carbonate Sodium Hydroxide (Adopted at Step 8) at Step 8) (Adopted at Step 8) Sodium Lactate (Solution) (Adopted at Monopotassium Orthophosphate (Step Potassium Hydrogen Malate (Adopted at Step 8) 6) Step 8) Sodium Malate (Adopted at Step 8) Monopotassium Tartrate (Step 6) Potassium Hydroxide (Adopted at Step Sodium Metabisulfite (Step 6) Monosodium Glutamate, L- (Adopted at 8) Sodium Nitrate (Step 6) Step 8) Potassium Lactate (Solution) (Adopted Sodium Nitrite (Step 6) Monosodium Orthophosphate (Step 6) at Step 8) Sodium ortho-Phenylphenol Monosodium Tartrate (Step 6) Potassium Malate (Adopted at Step 8) (Forwarded for adoption at Step 8) Monostarch Phosphate, L- (Adopted at Potassium Metabisulfite (Step 6) Sodium Polyphosphate (Step 6) Step 8) Potassium Nitrate (Step 6) Sodium Propionate (Adopted at Step 8) Nisin (Step 6) Potassium Nitrite (Step 6) Sodium Sesquicarbonate (Adopted at Nitrogen (Adopted at Step 8) Potassium Polyphosphate (Step 6) Step 8) Nitrous Oxide (Forwarded for adoption Potassium Propionate (Adopted at Step Sodium Sorbate (Step 6) at Step 8) 8) Sodium Stearoyl Lactylate (Step 6) Ortho-Phenylphenol (Forwarded for Potassium Sodium Tartrate (Step 6) Sodium Sulfite (Step 6) adoption at Step 8) Potassium Sorbate (Step 6) Sodium Thiosulfate (Step 6) Orthophosphoric Acid (Step 6) Potassium Sulfate (Adopted at Step 8) Sorbic Acid (Step 6) Oxidized Starch (Adopted at Step 8) Potassium Sulfite (Step 6) Sorbitol (Including Sorbitol Syrup) Oxystearin (Forwarded for adoption at Powdered Cellulose (Adopted at Step 8) (Adopted at Step 8) Processed Eucheuma Seaweed (Step 6) Step 8) Sorbitan Monolaurate (Step 6) Propane (Adopted at Step 8) Papain (Adopted at Step 8) Sorbitan Monooleate (Step 6) Propionic Acid (Adopted at Step 8) Pectins (Amidated and Non-amidated) Sorbitan Monopalmitate (Step 6) Propyl Gallate (Step 6) Sorbitan Monostearate (Step 6) (Adopted at Step 8) Propyl p-Hydroxybenzoate (Step 6) Sorbitan Tristearate (Step 6) Pentapotassium Triphosphate (Step 6) Propylene Glycol (Step 6) Stannous Chloride (Step 6) Pentasodium Triphosphate (Step 6) Propylene Glycol Alginate (Step 6) Starch Acetate (Adopted at Step 8) Phosphated Distarch Phosphate Propylene Glycol Esters of Fatty Acids Starch Sodium Octenylsuccinate (Adopted at Step 8) (Step 6) Phosphatidic Acid, Ammonium Salt Protease (Aspergillus oryzae var.) (Adopted at Step 8) (Step 6) (Forwarded for adoption at Step 8) Stearyl Citrate (Forwarded for adoption Pimaricin (Natamycin) (Step 6) Quillaia Extract (Step 6) at Step 8) Polydextroses (Adopted at Step 8) Quinoline Yellow (Step 6) Stearyl Tartrate (Step 6) Polydimethylsiloxane (Forwarded for Red 2G (Step 6) Sucralose (Step 6) adoption at Step 8) Riboflavin (Step 6) Sucroglycerides (Step 6) Polyethylene Glycol (Step 6) Riboflavin 5′-Phosphate (Step 6) Sucrose Acetate Isobutyrate (Forwarded Polyglycerol Esters of Fatty Acids (Step Saccharin (Step 6) for adoption at Step 8) 6) Salts of Myristic, Palmitic and Stearic Sucrose Esters of Fatty Acids (Step 6) Polyglycerol Esters of Interesterified Acid (Ammonium, Calcium, Sulphur Dioxide (Step 6) Ricinoleic Acid (Step 6) Potassium and Sodium) (Adopted at Sunset Yellow FCF (Step 6) Polyoxyethylene (20) Sorbitan Step 8) Talc (Adopted at Step 8) Monolaurate (Step 6) Shellac (Step 6) Tannic Acid (Tannins, Food Grade) Polyoxyethylene (20) Sorbitan Silicon Dioxide (Adopted at Step 8) (Step 6) Monooleate (Step 6) Sodium Acetate (Adopted at Step 8) Tara Gum (Adopted at Step 8) Polyoxyethylene (20) Sorbitan Sodium Adipate (Step 6) Tartaric, Acetic and Fatty Acid Esters of Monopalmitate (Step 6) Sodium Alginate (Adopted at Step 8) Glycerol (mixed) (Adopted at Step 8) Polyoxyethylene (20) Sorbitan Sodium Aluminum Phosphate-Acidic Tartaric Acid (L(+)-) (Step 6) Monostearate (Step 6) (Step 6) Tartrazine (Step 6) Polyoxyethylene (20) Sorbitan Sodium Aluminum Phosphate-Basic Tertiary Butylhydroquinone (TBHQ) Tristearate (Step 6) (Step 6) (Step 6) Polyoxyethylene (40) Stearate (Step 6) Sodium Aluminosilicate (Adopted at Tetrapotassium Diphosphate (Step 6) Polyoxyethylene (8) Stearate (Step 6) Step 8) Tetrasodium Diphosphate (Step 6) Polyvinylpyrrolidone (Forwarded for Sodium Ascorbate (Adopted at Step 8) Thaumatin (Adopted at Step 8) adoption at Step 8) Sodium Benzoate (Step 6) Thermally Oxidized Soya Bean Oil with Ponceau 4R (Step 6) Sodium Carbonate (Adopted at Step 8) Mono- and Di-Glycerides of Fatty Potassium Acetate (Adopted at Step 8) Sodium Carboxymethyl Cellulose Acids (TOSOM) (Forwarded for Potassium Adipate (Step 6) (Adopted at Step 8) adoption at Step 8) Potassium Alginate (Adopted at Step 8) Sodium Diacetate (Step 6) Thiodipropionic Acid (Forwarded for Potassium Ascorbate (Adopted at Step Sodium Dihydrogen Citrate (Adopted at adoption at Step 8) 8) Step 8) Titanium Dioxide (Adopted at Step 8)

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Tragacanth Gum (Adopted at Step 8) permitted in or on food commodities take into account the higher levels Triacetin (Adopted at Step 8) and animal feeds. Foods derived from shown to arise in such supervised trials, Triammonium Citrate (Adopted at Step commodities that comply with the which are considered to represent 8) respective MRLPs are intended to be effective pest control practices, and Tricalcium Orthophosphate (Step 6) toxicologically acceptable, that is, (b) Toxicological assessment of the Triethyl Citrate (Forwarded for adoption consideration of the various dietary pesticide and its residue. at Step 8) residue intake estimates and The following items will be Trimagnesium Orthophosphate (Step 6) determinations both at the national and considered by the Codex Alimentarius Tripotassium Citrate (Adopted at Step 8) international level in comparison with Tripotassium Orthophosphate (Step 6) Commission at its 23rd session in June the ADI*, should indicate that foods Trisodium Citrate (Adopted at Step 8) 1999. The referenced documents are complying with Codex MRLPs are safe Trisodium Diphosphate (Step 6) ALINORMs 99/24 and 99/24A: for human consumption. Trisodium Orthophosphate (Step 6) • Draft Revised Recommended Xanthan Gum (Adopted at Step 8) Codex MRLPs are primarily intended Xylitol (Adopted at Step 8) to apply in international trade and are Methods of Sampling for Determination derived from reviews conducted by the of Pesticide Residues for Compliance Codex Committee on Pesticide Residues Joint Meeting on Pesticide Residues with MRLs at Step 8. The Codex Committee on Pesticide (JMPR) following: *Acceptable Daily Intake (ADI) of a Residues recommends to the Codex (a) Review of residue data from chemical is the daily intake which, Alimentarius Commission supervised trials and supervised uses during an entire lifetime, appears to be establishment of maximum limits for including those reflecting national good without appreciable risk to the health of pesticide residues for specific food agricultural practices (GAP). Data from the consumer on the basis of all the items or in groups of food. A Codex supervised trials conducted at the known facts at the time of the Maximum Limit for Pesticide Residues highest nationally recommended, evaluation of the chemical by the Joint (MRLP) is the maximum concentration authorized, or registered uses are FAO/WHO Meeting on Pesticide of a pesticide residue (expressed as mg/ included in the review. In order to Residues. It is expressed in milligrams kg), recommended by the Codex accommodate variations in national pest of the chemical per kilogram of body Alimentarius Commission to be legally control requirements, Codex MRLPs weight.

U.S. Codex committee Standard Status of consideration participation/ Responsible agenda agency

Pesticide residues (Considered at the 30th and Abamectin ...... MRLs under consideration YES ...... EPA/ARS 31st CCPR) Annex II to Alinorms 99/24 and 99/ at Step 5. 24A. Acephate ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8. Aldicarb ...... MRLs under consideration YES ...... EPA/ARS at Step 5 and CXL dele- tions. Aminomethyl- MRLs under consideration YES ...... EPA/ARS Phosphon (AMPA). at Step 5. Bifenthrin ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8 and 8. Captan ...... MRLs under consideration YES ...... EPA/ARS at Step 5. Carbofuran ...... MRLs under consideration YES ...... EPA/ARS at Step 5 and 5/8 and CXL deletions. Carbosulfan ...... MRLs under consideration YES ...... ARS/EPA at Step 5. Clethodim ...... MRLs under consideration YES ...... EPA/ARS at Step 5. Chlorfenvin-phos ...... CXL deletions ...... YES ...... EPA/ARS Chlormequat ...... MRLs under consideration YES ...... EPA/ARS at Step 5. Chloro-Thalonil ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8 and CXL de- letions. Chlorpyrifos ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tions. Chlorpyrifos-Methyl .... CXL deletions ...... YES ...... EPA/ARS DDT ...... EMRL under consideration YES ...... EPA/ARS at Step 5. Diazinon ...... MRLs under consideration YES ...... EPA/ARS at Step 5 and 5/8. Dicofol ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tions. Diquat ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tions.

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U.S. Codex committee Standard Status of consideration participation/ Responsible agenda agency

Disulfoton ...... MRLs under consideration YES ...... EPA/ARS at Step 6. Ethephon ...... MRLs under consideration YES ...... EPA/ARS at Step 7B. Dithio-Carbamates ..... MRLs under consideration YES ...... EPA/ARS at Steps 5, 5/8, 8 and CXL deletions. Fenarimol ...... MRLs under consideration YES ...... EPA/ARS at Steps 5/8 and 8. Fenbuconazole ...... MRLs under consideration YES ...... EPA/ARS at Steps 5/8 and 8. Fenthion ...... MRLs under consideration YES ...... EPA/ARS at Step 7B. Flumethrin ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8. Guazatine ...... CXL deletions and guide- YES ...... EPA/ARS line levels. Glyphosphate ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8 and CXL de- letions. Haloxyfop ...... MRLs under consideration YES ...... EPA/ARS at Step 5. Methamidophos ...... MRLs under consideration YES ...... EPA/ARS at Steps 5 and 5/8. Methidathion ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tions. Mevinphos ...... MRLs under consideration YES ...... EPA/ARS at Step 5 and CXL dele- tion. Myclobutanil ...... MRLs under consideration YES ...... EPA/ARS at Steps 5 and 5/8. Parathion ...... MRL at Step 8 ...... YES ...... EPA/ARS Parathion-Methyl ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tion. 2-Phenyl-phenol ...... CXL deletion ...... YES ...... EPA/ARS Phenothrin ...... CXL deletion ...... YES ...... EPA/ARS Phenthoate ...... CXL deletion ...... YES ...... EPA/ARS Phorate ...... MRLs under consideration YES ...... EPA/ARS at Step 8 and CXL dele- tion. Phosalone ...... CXL deletions ...... YES ...... EPA/ARS Phosmet ...... MRLs under consideration YES ...... EPA/ARS at Step 5 and CXL dele- tions. Phoxim ...... CXL deletion ...... YES ...... EPA/ARS Proxpoxur ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8 and CXL de- letions. Tebuconazole ...... MRLs under consideration YES ...... EPA/ARS at Steps 5 and 8. Tebufenozide ...... MRLs under consideration YES ...... EPA/ARS at Steps 5 and 8. Teflubenzuron ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8. Thiabendazole ...... MRLs under consideration YES ...... EPA/ARS at Step 5/8 and CXL de- letions. Thiometon ...... CXL deletions ...... YES ...... EPA/ARS

Codex Committee on Methods of (b) Serves as a coordinating body for Reference Methods of Analysis and Analysis and Sampling Codex with other international groups Sampling appropriate to Codex working in methods of analysis and Standards which are generally The Codex Committee on Methods of sampling and quality assurance systems applicable to a number of foods; Analysis and Sampling: for laboratories; (d) Considers, amends, if necessary, (a) Defines the criteria appropriate to (c) Specifies, on the basis of final and endorses, as appropriate, methods Codex Methods of Analysis and recommendations submitted to it by the of analysis and sampling proposed by Sampling; other bodies referred to in (b) above, Codex (Commodity) Committees, except

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The Addition of Draft Revised Principles (g) Defines procedures, protocols, following draft guidelines, found in Concerning the Participation of guidelines or related texts for the ALINORM 99/30A, will be considered International Non-Governmental assessment of food laboratory by the Commission at its 23rd Session Organizations in the Work of the Codex proficiency, as well as quality assurance in June 1999: Alimentarius Commission; and • Additional of Proposed Core systems for laboratories. • Draft Guidelines for the Functions of Codex Contact Points. The following matters, found in Development of Equivalence The Committee is continuing work ALINORM 99/23, will be considered by Agreements on: the Codex Alimentarius Commission at Codex texts to be considered by the • Revision of the Code of Ethics for its 23rd Session in June: Committee at its 8th Session, to be held International Trade in Foods, including Proposed as new work: 21–25 February 2000, in Adelaide, consideration of special and differential Amendments to the Codex Alimentarius Australia, are the following: treatment for developing countries; Commission Procedural Manual: To be considered at Step 4: • • Working Principles for Risk —Principles for the Establishment of Guidelines/Recommendations for Analysis and Definition of Risk Codex Methods of Analysis and Import Control Systems; • Assessment Policy; Sampling Guidelines and Criteria for Official • Measures Intended to Facilitate —Relations between Commodity Certificate Formats and Rules Relating Consensus; and Committees and General to the Production and Issue of • Consideration of Legitimate Factors Committees Certificates; and Other than Science in Codex Decision- • Guidelines for the Judgement of The Committee is continuing work Making. Equivalence of Sanitary Measures on: Responsible Agency: USDA/FSIS Associated with Food Inspection and • Proposed Draft General Guidelines U.S. Participation: Yes Certification Systems. on Sampling Criteria for Evaluating To be considered at Steps 1/2: Codex Committee on Food Labelling Acceptable Methods of Analysis for • Guidelines for the Utilization and The Codex Committee on Food Codex Purposes; Promotion of Quality Assurance • Harmonization of Analytical Labelling is responsible for drafting Systems. provisions on labelling problems Terminology ‘‘Measurement Limits’’; Depending upon decisions taken by • Harmonization of Reporting of Test assigned by the Codex Alimentarius the Codex Executive Committee and the Commission. The following items will Results Corrected for Recovery Factors; Commission, the Committee may • Measurement Uncertainty; be considered by the Committee at its • undertake work on the following items: 23rd Session in June 1999. The In-House Method Validation; and • Guidelines for the Format and • Endorsement of Methods of reference documents are ALINORMs 99/ Contents of Databases on Importing 22 and 99/22A. Analysis and Sampling Provisions in Country Legislation; and Codex Standards. To be considered at Step 8: • Guidelines for the Judgement of • Draft Guidelines for the Production, Responsible Agency: HHS/FDA; USDA/ Equivalence of Technical Regulations Processing, Labelling and Marketing of AMS other than Sanitary Measures. Organically Produced Foods; U.S. Participation: Yes Responsible Agency: HHS/FDA; USDA/ • Draft Guidelines for Labelling Codex Committee on Food Import and FSIS Foods that can cause Hypersensitivity Export Inspection and Certification U.S. Participation: Yes (Draft Amendment to the General Systems Codex Committee on General Principles Standard for the Labelling of Prepackaged Foods); and The Codex Committee on Food Import The Codex Committee on General • Proposed Draft Amendment to the and Export Certification and Inspection Principles deals with rules and Labelling Section of the Standard for Systems is charged with developing procedures referred to it by the Codex Quick Frozen Fish Sticks (Fish Fingers) principles and guidelines for food Alimentarius Commission. None of the and Fish Portions and Fish Fillets, import and export inspection and following recommendations for Breaded or in Batter. certification systems to protect changing the rules of procedure for To be considered at Step 5: consumers and to facilitate trade. Codex are in the Step Procedure. The • Proposed Draft Amendment to the Additionally, the Committee develops following items, contained in ALINORM General Standard for the Labelling of principles and guidelines for the 99/33 and ALINORM 99/33A, will be Prepackaged Foods (CLASS NAMES); application of measures by competent considered by the Codex Alimentarius and authorities to provide assurance that Commission at its 23rd Session in June: • Proposed Draft Amendment to the foods comply with essential • Amendment of the Criteria for the Guidelines on Nutrition Labelling. requirements. This encompasses work Establishment of Work Priorities and the The Committee is continuing to work on: equivalence of food inspection Criteria for the Establishment of on:

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• Proposed Draft Recommendations Practice—General Principles of Food vegetables. The following draft for the Use of Health Claims; Hygiene. standards will be considered by the • Draft Guidelines for Organically To be considered at Step 5: Codex Alimentarius Commission at its Produced Foods (Animal Products); • Proposed Draft Code of Hygienic 23rd Session in June 1999. The draft • Proposed Draft Recommendations Practice for the Transport of Foodstuffs standards listed below are contained in on Labelling/Biotechnology (Mandatory in Bulk and Semi-Packaged Foodstuffs. ALINORMs 99/35 and 99/35A. Labelling); To be adopted: To be considered at Step 8: • Proposed Draft Amendment to the • Amendment to the Procedural • Draft Standard for Chayote; General Labelling Standard (Class Manual: Food Hygiene Provisions in • Draft Standard for Guava; Names); ‘‘Relations between Commodity • Draft Standard for Pineapples; • Proposed Draft Recommendations Committees and General Committees.’’ • Draft Standard for Grapefruit to the Guidelines on Nutrition The Codex texts to be considered by (except for sizing provisions); and Labelling; the Committee at its 32nd Session to be • Draft Standard for Longans. • Proposed Draft Recommendations held 29 Nov.–3 Dec. 1999 in To be considered for adoption at Step for the Use of the term ‘‘Vegetarian’’; Washington, DC, are the following: 5/8, with the omission of steps 6 and 7: • and To be considered at Step 7: Draft Standard for Mexican Limes; • • Draft Code of Hygienic Practice for • Draft Standard for Ginger; Discussion paper on misleading • claims. Packaged (Bottled) Drinking Waters Draft Standard for Tisquisque (Other Than Natural Mineral Waters); (White and Lilac); Responsible Agency: HHS/FDA; USDA/ and • Draft Standard for Yellow FSIS • Draft Code of Hygienic Practice for Pitahayas; and U.S. Participation: Yes the Transport of Foodstuffs in Bulk and • Draft Standard for Papaya. Codex Committee on Food Hygiene Semi-Packaged Foodstuffs. To be considered at Step 5: To be considered at Step 4: • Proposed Draft Standard for The Codex Committee on Food • Proposed Draft Code of Hygienic Asparagus; Hygiene has three primary Practice for Milk and Milk Products; • Proposed Draft Standard for responsibilities. The first is to draft • Proposed Draft Code of Hygienic Oranges; and basic provisions on food hygiene Practice for the Primary Production, • Proposed Draft Standard for applicable to all foods. These provisions Harvesting and Packaging of Fresh Uchuva. normally take the form of Codes of Product/Fruits and Vegetables; Proposed new work to be endorsed by Hygienic Practice for a specific • Proposed Draft Code of Hygienic the committee: commodity (e.g., bottled water). Second, Practice for Pre-cut Raw Fruits and • Proposed Draft Standard for Apples; the Committee considers, amends, if Vegetables; • Proposed Draft Standard for necessary, and endorses food hygiene • HACCP in Less Developed Tomatoes; and provisions that are incorporated into Businesses; and • Proposed Draft Standard for Grapes. specific Codex commodity standards by • Proposed Draft Principles and The Committee is continuing work the Codex commodity committees. Guidelines for the Conduct of on: These provisions normally contain Microbiological Risk Management. • Discussion Paper on Size generic wording referencing the Other committee work: Tolerances, including sizing provisions Recommended Code of Hygienic • Discussion Paper on the Proposed of the Draft Standards for Grapefruit, Practice: General Principles for Food Draft Recommendations for the control Limes, Pummelos, and Oranges at Step Hygiene (ref: CAC/RCP 1–1969, Rev. 3– of Listeria monocytogenes in Foods in 7; 1997), but may also include other International Trade; • Draft Code of Practice for the provisions. Finally, the Committee • Proposed Guidelines for the Quality Inspection and Certification of provides general guidance to the Hygienic Reuse of Processing Water in Fresh Fruits and Vegetables at Step 7; Commission on matters relating to Food Food Plants; • Inspection Site Requisites at Step 3; Hygiene. This often takes the form of • Prioritization of the Revision of the • Proposed Draft Standard for Yucca providing general guidance documents Codes of Hygienic Practice; at Step 3; and such as the Draft Principles and • Discussion Paper on Antibiotic • Discussion Paper on Definition of Guidelines for the Conduct of Resistance in Bacteria in Food; and Terms. Microbiological Risk Assessment and • Discussion Paper on Consideration Responsible Agency: USDA/AMS Draft Proposed Principles and of Viruses in Food. U.S. Participation: Yes Guidelines for the Conduct of At its 31st Session, the Committee Microbiological Risk Management. The postponed work on the Implications for Codex Committee on Nutrition and following items, found in ALINORMS the Broader Application of the HACCP Foods for Special Dietary Uses 99/13 and 99/13A, will be considered System and discontinued work on the The Codex Committee on Nutrition by the Codex Alimentarius Commission Broader Issues on the Application of and Foods for Special Dietary Uses is at its 23rd Session in June 1999: Microbiological Risk Evaluation in responsible for studying nutritional To be considered at Step 8: International Foods and Feed Trade. problems referred by the Codex • Draft Code of Hygienic Practice for Responsible Agency: HHS/FDA; USDA/ Alimentarius Commission. The Refrigerated Packaged Foods with FSIS Committee also drafts provisions on Extended Shelf-Life; and U.S. Participation: Yes nutritional aspects for all foods and • Draft Principles and Guidelines for develops guidelines, general principles, the Conduct of Microbiological Risk Codex Committee on Fresh Fruits and and standards for foods for special Assessment. Vegetables dietary uses. The following items, found To be considered at Step 5 of the The Codex Committee on Fresh Fruits in ALINORM 99/26, will be considered Accelerated Procedure: and Vegetables is responsible for by the Codex Alimentarius Commission • Draft Amendment to the elaborating world-wide standards and in June 1999. International Recommended Code of codes of practice for fresh fruits and To be considered at Step 8:

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• Draft Table of Conditions for • Draft Standard for Dried Salted • Revision of Codex Standard for Nutrient Contents (Part B), Guidelines Anchovies; Whey Powders; and for Nutrient Claims. • Draft Standard for Crackers from • Revision of Codex Standard for To be considered at Step 5: Marine and Freshwater Fish, Crustacean Edible Casein Products. • Proposed Draft Revised Standards and Molluscan Shellfish; In addition, the Committee is for Processed Cereal-Based Foods for • Proposed Draft Standard for Salted continuing work on: Infants and Young Children. Atlantic Herring and Salted Sprats; • Proposed Draft Revised Standard Proposal for new work: • Proposed Draft Code of Practice for for Processed Cheese; • A review of the Advisory List of Fish and Fishery Products; • Proposed Draft Revised Standard Mineral Salts and Vitamin Compounds. • Model Certificate for Fish and for Cream; Proposal to discontinue work to be Fishery Products; • Proposed Draft Revised Individual considered by the Executive Committee • Proposed Draft Standard for Standards for Cheese (including a new of the Codex Alimentarius Commission Smoked Fish; and standard for Mozzarella); at its 46th Session: • Proposed Draft Standard for • Proposed Draft Revised Standard • Consideration of Dietary Modelling Molluscan Shellfish. for Fermented Milk Products; The committee is continuing work on: Responsible Agency: HHS/FDA; USDC/ • Proposed Draft Standard for Dairy • Draft Table of Conditions for NOAA/NMFS Spread; Nutrient Contents Part B, containing U.S. Participation: Yes • Draft Standard for Unripened provisions on Fibre), Guidelines for Use Cheese including Fresh Cheese; of Nutrition Claims; Codex Committee on Milk and Milk • • Products Model Export Certificates for Milk Proposed Draft Revised Standards Products; and for Gluten-Free Foods; The Codex Committee on Milk and • Heat Treatment Definitions. • Proposed Draft Revised Standards Milk Products is responsible for Responsible Agency: USDA/AMS; HHS/ for Infant Formula; establishing international codes and • Discussion paper to facilitate FDA standards for milk and milk products. U.S. Participation: Yes discussion on: Proposed Draft The following revised standards and Guidelines for Vitamin and Mineral draft revised codes of principles will be Codex Committee on Fats and Oils Supplements; considered at the Session of the Codex • The Codex Committee on Fats and Nutrient Reference Values for Alimentarius Commission in June 1999. Labelling Purposes; Oils is responsible for elaborating • In addition, the Commission will standards for fats and oils of animal, Discussion paper on Vitamins and consider the revocation of 14 individual Minerals in Foods for Special Medical vegetable, and marine origin. The Cheese Standards and the initiation of reference document is ALINORM 99/17. Purposes; proposed new work to revise two • Discussion paper on Criteria for The Sixteenth Session of the Committee existing standards. The reference recommended the following be adopted Scientific Evidence Relative to Health document is ALINORM 99/11. Claims; by the Commission in June 1999: To be considered at Step 8: To be considered at Step 8: • Discussion paper on Provisions of • Draft Revised Standard for Butter; • Draft Standard for Named Animal Fortification on Iodine, Iron and • Draft Revised Standard for Milkfat Vitamin A in the Guidelines of Fats; Products; • Draft Standard for Edible Fats and Nutrition Claims; and • Draft Revised Standard for • Discussion paper on Proposal to Oils Not Covered by Individual Evaporated Milks; Standards; Design the Basis for Derivation of • Draft Revised Standard for • Draft Revised Code of Practice for Energy Conversion Factors in the Codex Sweetened Condensed Milk; Guidelines on Nutrition Labelling. the Storage and Transport of Fats; and • Draft Revised Standard for Milk and • Responsible Agency: HHS/FDA U.S. Draft Standard for Named Vegetable Cream Powders; Oils. Participation: Yes • Draft Revised Standard for Cheese; The Committee is continuing work • Codex Committee on Fish and Fishery Draft Revised Standard for Whey on: Products Cheese; • Draft Standard for Fat Spreads and • Draft Revised Standard for Cheeses The Fish and Fishery Products Blended Fat Spreads; and in Brine; and • Draft Standard for Olive Oils and Committee is responsible for elaborating • Draft General Standard for the Use Olive-Pomace Oils. standards for fresh and frozen fish, of Dairy Terms. Responsible Agency HHS/FDA; USDA/ crustaceans and mollusks. The items Revocation of Codex Standards for: ARS below, found in ALINORM 99/18, will • be considered by the Codex Cheshire U.S. Participation: Yes • Limburger Alimentarius Commission at its 23rd • Codex Committee on Cocoa Products Session in June 1999. Svecia • Butterkase and Chocolate To be considered at Step 8: • • Draft Guidelines for the Sensory Harzer Kase The Codex Committee on Cocoa • Evaluation of Fish and Shellfish in Herrgardsost Products and Chocolate is responsible • Laboratories. Hushallsost for elaborating world-wide standards for • To be considered at Step 5 of the Maribo cocoa products and chocolate. The 21st • Accelerated Procedure: Fynbo Session of the Commission endorsed the • • Proposed Draft Amendment to the Romadur recommendation of the Forty-Second • Standard for Canned Sardines and Amsterdam Session of the Executive Committee to • Sardine-Type Products (inclusion of Leidse initiate the revision of the Cocoa • additional species). Friese Products and Chocolate Standards. The The Committee is continuing work • Edelpilzkase following draft standards, found in on: Proposed new work: ALINORM 99/14, will be considered by

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28440 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices the Codex Alimentarius Commission at • Proposed Draft Revised Standard sine die. The main tasks of the its 23rd Session in June 1999. for Pickled Cucumbers (Cucumber Committee were completed. However, at To be considered at Step 5: Pickles); its June 1997 meeting, the Codex • Proposed Draft Revised Standard • Proposed Draft Standard for Table Alimentarius Commission requested for Cocoa Butter; Olives; that the Committee commence work • Proposed Draft Revised Standard • Proposed Draft Revised Standard revising the Standard for Bouillons and for Cocoa Mass (Cocoa/Chocolate for Processed Tomato Concentrates; Consommes. A Proposed Draft Revised Liquor) and Cocoa Cake for Use in the • Proposed Draft Revised Standard Standard for Bouillons and Consommes Manufacture of Cocoa and Chocolate for Dried Apricots; was prepared by the Secretariat and has Products; and • Proposed Draft Revised Standard been circulated to member countries for • Proposed Draft Revised Standard for Dates; comment at Step 3. • for Cocoa Powders (Cocoas) and Dry Proposed Draft Revised Standard Responsible Agency: USDA/FSIS Cocoa-Sugar Mixture. for Raisins; U.S. Participation: Yes The Committee is continuing to work • Proposed Draft Revised Standard on: for Grated Desiccated Coconut; Codex Committee on Sugars • • Proposed Draft Standard for Proposed Draft Revised Standard The Codex Committee on Sugars Chocolate and Chocolate Products. for Unshelled Pistachio Nuts; elaborated standards for all types of • Responsible Agency: HHS/FDA Proposed Draft Revised Standard sugars and sugar products. The U.S. Participation: Yes for Dried Edible Fungi; Committee was adjourned sine die, but • Proposed Draft Revised Standard Codex Committee on Processed Fruits was asked to revise the standards for for Edible Fungi and Fungus Products; sugar and honey. The Codex and Vegetables • Proposed Draft Standard for Soy Alimentarius Commission at its 22nd The Codex Committee on Processed Sauce; Session did not adopt the revised • Fruits and Vegetables (CCPFV) is Proposed Draft Guidelines for standards for sugar and honey but responsible for elaborating standards for Packing Media in Canned Fruits; and • returned them to Step 6 for a new round processed fruits and vegetables. After Proposed Draft Guidelines for of comments. Following the current having been adjourned sine die, the Packing Media in Canned Vegetables. round of comments, the Draft Revised Committee reconvened in Washington, Responsible Agency: HHS/FDA USDA/ Standard for Sugar will be submitted to DC, in March 1998 to begin work AMS the 23rd Session of the Commission for revising the standards. The reference U.S. Participation: Yes consideration at Step 8. The Draft ALINORM is 99/27. Certain Codex Commodity Committees Standard for Honey will remain at Step The Committee is continuing work on 6 for further consideration. the following at Step 7: Several Codex Alimentarius Responsible Agency: USDA/ARS; • Draft Standard for Canned Bamboo Commodity Committees have adjourned AHHS/FDA Shoots; sine die. The following Committees fall U.S. Participation: Yes • Draft Standard for Pickles; into this category: • Draft Standard for Kimchee; • Joint U.N.E.C.E./Codex Alimentarius • Cereals, Pulses and Legumes* Draft Revised Standard for Canned Responsible Agency: HHS/FDA, Groups of Experts Applesauce; and USDA/GIPSA • Draft Revised Standard for Canned Two groups of experts dealt with U.S. Participation: Yes specific commodities, much as the Pears. • Meat Hygiene* To be considered by the Committee at Codex Commodity Committees do. The Responsible Agency: USDA/FSIS Joint Groups of Experts completed their Step 3: U.S. Participation: Yes • Proposed Draft Standard for Canned • main tasks and were adjourned. These Processed Meat and Poultry Products* Groups were: Stone Fruits; Responsible Agency: USDA/FSIS • • Proposed Draft Standard for Canned Standardization of Quick Frozen U.S. Participation: Yes Foods; and Citrus Fruits; • Sugars • • Proposed Draft Standard for Canned Standardization of Fruit Juices. Responsible Agency: HHS/FDA The Executive Committee, at its 45th Berry Fruits; USDA/ARS • Session, noting that the United Nations Proposed Draft Standard for Canned U.S. Participation: Yes Mangoes; • Economic Commission for Europe had • Soups and Broths abolished the work programme for the Proposed Draft Standard for Canned Responsible Agency: USDA/FSIS Pineapple; Joint Codex/UNECE Groups of Experts, • Participation: Yes agreed to abolish these committees. Proposed Draft Standard for Canned • Vegetable Proteins* Subject to confirmation by the Fruit Cocktail; onsible Agency: HHS/FDA, USDA/ • Commission, it assigned the work of Proposed Draft Standard for Canned ARS revising the Codex Standards for Quick Tropical Fruit Salad; Participation: Yes • Proposed Draft Standard for Canned Frozen Fruits and Vegetables to the Chestnuts and Chestnut Puree; * There is no planned activity for these Codex Committee on Processed Fruits • Proposed Draft Standard for Canned Committees in the next year. and Vegetables and any revision of the Vegetables; A brief report on activities of the Codex Recommended International • Proposed Draft Revised Standard Codex Committees on Soups and Code of Practice for the Processing and for Canned Tomatoes; Broths, and Sugars follows: Handling of Quick Frozen Foods to the • Proposed Draft Revised Standard Codex Committee on Food Hygiene. In Codex Committee on Soups and Broths for Canned Mushrooms; regards to the Codex Standards for Fruit • Proposed Draft Standard for Jams, The Codex Committee on Soups and Juices, the Executive Committee agreed Jellies and Marmalades; Broths elaborated worldwide standards that these standards require updating • Proposed Draft Standard for for soups, broths, bouillons and and referred the matter to the Chutney; consommes. The committee adjourned Commission to decide whether to

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Waters for Veterinary Medicine, Food and Codex Coordinating Committee for Drug Administration, 7500 Standish The Codex Committee for Natural North America and the South-West Place (HFV–1), Rockville, MD 20855, Mineral Waters is responsible for Pacific Phone #: (301) 594–1740, Fax #: (301) elaborating standards for natural The Coordinating Committee is 594–1830—Residues of Veterinary mineral waters. The Codex Alimentarius Drugs in Foods Commission at its 22nd meeting responsible for defining problems and approved the development of a standard needs concerning food standards and Listing of U.S. Delegates and Alternate for bottled/packaged water other than food control of all Codex member Delegates natural mineral waters. The Sixth countries of the regions. The Fifth [Worldwide General Subject Codex Session of the Committee discussed the Session of the Committee was held Committees] Proposed Draft General Standard for October 6–9, 1998, in Seattle, WA. The following matters for consideration by CODEX COMMITTEE ON RESIDUES OF Bottled/Packaged Drinking Waters VETERINARY DRUGS IN FOODS (Other Than Natural Mineral Waters) the Codex Alimentarius Commission at and agreed to return the draft to Step 3 its 23rd Session in June can be found in (Host Government—United States) for further comments. A request for ALINORM 99/32: U.S. Delegate: Dr. Robert C. Livingston, • comments and information on the need Report on the Review of the Status Center for Veterinary Medicine (HFV–1), for inclusion and a wording of a and Objectives of Codex Texts Under Food and Drug Administration, 7500 the WTO Agreements; Standish Place, Rockville, MD 20855, definition for ‘‘mineral water’’ has been • circulated. The reference document is Report on Activities Related to Risk Phone #: (301) 594–5903, Fax #: (301) 594– ALINORM 99/20. Analysis in Codex and Other Bodies; 1830 • Review and Promotion of Alternate Delegate: Dr. Pat Basu, Director, Responsible Agency: HHS/FDA Acceptances of Codex Standards and U.S. Participation: Yes Chemistry and Toxicology Division, Office Maximum Residue Limits for Pesticides of Public Health and Science, Food Safety FAO/WHO Regional Coordinating by Countries in the Region; and Inspection Service, U.S. Department of Committees • Activities of Codex Contact Points Agriculture, 6912 Franklin Court, 1099 14th Street, NW, Washington, DC 20250– The Codex Alimentarius Commission and National Codex Committees in the 3700, Phone #: (202) 501–7319, Fax: (202) is made up of an Executive Committee, Region; • Consumer Participation in Codex 501–7639 as well as approximately 25 subsidiary Work and Related Matters; and bodies. Included in these subsidiary CODEX COMMITTEE ON FOOD ADDITIVES • General Standard on Foods AND CONTAMINANTS bodies are several coordinating Produced through Biotechnology. committees. (Host Government—The Netherlands) There are currently five Regional Agency Responsible: USDA/FSIS U.S. PARTICIPATION: Yes U.S. Delegate: Dr. Alan Rulis, Director, Office Coordinating Committees: of Premarket Approval, Center for Food —Coordinating Committee for Africa Attachment 2—U.S. Codex Safety and Applied Nutrition, Food and —Coordinating Committee for Asia Alimentarius Officials, Codex Drug Administration, 200 C Street, SW, —Coordinating Committee for Europe Committee Chairpersons (HFS–200), Washington, DC 20204, Phone —Coordinating Committee for Latin Mr. Steven N. Tanner, Director, #: (202) 418–3100, Fax #: (202) 418–3131 America and the Caribbean Technical Services Division, Grain Alternate Delegate: Dr. Terry C. Troxell, —Coordinating Committee for North Inspection, Packers & Stockyards Director, Division of Programs and America and the South-West Pacific Administration, U.S. Department of Enforcement Policy, Center for Food Safety The United States participates as an Agriculture, 10383 N. Executive Hills and Applied Nutrition, Food and Drug active member of the Coordinating Blvd., Kansas City, MO 64153–1394, Administration, 200 C Street, SW, (HFS– 456), Washington, DC 20204, Phone #: Committee for North America and the Phone #: (816) 891–0401, Fax #: (816) (202) 205–5321, Fax #: (202) 205–4422 South-West Pacific, and is informed of 891–0478—Cereals, Pulses and the other coordinating committees Legumes (adjourned sine die) CODEX COMMITTEE ON PESTICIDE through meeting documents, final Dr. I. Kaye Wachsmuth, Deputy RESIDUES reports, and representation at meetings. Administrator, Office of Public Health (Host Government—The Netherlands) Each regional committee: and Science, Food Safety and U.S. Delegate: Mr. Fred Ives, Health Effects —Defines the problems and needs of the Inspection Service, U.S. Department Division (7509C), Office of Pesticide region concerning food standards and of Agriculture, Room 341–E, Jamie L. Programs, U.S. Environmental Protection food control; Whitten Federal Building, 1400 Agency 401 M Street, SW, Washington, DC —Promotes within the committee Independence Avenue, SW, 20460, Phone #: (703) 305–6378, Fax #: contacts for the mutual exchange of Washington, DC 20250–3700, Phone (703) 305–5147 information on proposed regulatory #: (202) 720–2644, Fax # (202) 690– Alternate Delegate: Dr. Richard Parry, Jr., initiatives and problems arising from 2980—Food Hygiene Assistant Administrator, Cooperative food control and stimulates the Mr. David L. Priester, International Interactions, Agricultural Research Service, strengthening of food control Standards Coordinator, Fresh U.S. Department of Agriculture, Room infrastructures; Products Branch, Fruit and Vegetable 358–A, Jamie L. Whitten Federal Bldg., —Recommends to the Commission the Programs, Agricultural Marketing Washington, DC 20250–3700, Phone #: development of world-wide standards Service, U.S. Department of (202) 720–3973, Fax #: (202) 720–5427

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CODEX COMMITTEE ON METHODS OF Food Safety and Applied Nutrition, Food Alternate Delegate: Dr. Dwayne Buxton, ANALYSIS AND SAMPLING and Drug Administration, 200 C Street, SW National Program Leader for Oilseeds and (HFS–450), Washington, DC 20204, Phone Bioscience, Agricultural Research Service, (Host Government—Hungary) #: (202) 205–4168, Fax #: (202) 205–5295 Room 212, Building 005, Barc West, U.S. Delegate: Dr. William Horwitz, Scientific Alternate Delegate: Dr. Robert J. Moore, Beltsville, MD 20705, Phone #: (301) 504– Advisor, Center for Food Safety and Senior Regulatory Scientist, Center for 5321, Fax #: (301) 504–5467 Applied Nutrition (HFS–500), Food and Food Safety and Applied Nutrition, Food CODEX COMMITTEE ON PROCESSED Drug Administration, Room 3832, 200 C and Drug Administration, 200 C Street, SW Street, SW, Washington, DC 20204, Phone (HFS–456), Washington, DC 20204, Phone FRUITS AND VEGETABLES # # : (202) 205–4346, Fax : (202) 401–7740 #: (202) 205–4605, Fax #: (202) 260–8957 (Host Government—United States) Alternate Delegate: Mr. William Franks, CODEX COMMITTEE ON FRESH FRUITS Deputy Administrator, Science and Delegate: Mr. James Rodeheaver, Chief, Technology, Agricultural Marketing AND VEGETABLES Processed Products Branch, Fruits and Service, U.S. Department of Agriculture, (Host Government—Mexico) Vegetables Program, Agricultural Room 3507, South Agriculture Building, Marketing Service, U.S. Department of Delegate: Mr. David L. Priester, International 1400 Independence Avenue, SW, Agriculture, P.O. Box 96456, Room 0709, Standards Coordinator, Fresh Products Washington, DC 20250, Phone #: (202) South Agriculture Building, Washington, 720–5231, Fax #: (202) 720–6496 Branch, Fruit and Vegetable Programs, DC 20090–6456, Phone: (202) 720–4693, Agricultural Marketing Service, U.S. Fax: (202) 690–1527 CODEX COMMITTEE ON FOOD IMPORT Department of Agriculture, P.O. Box 96456, Alternate Delegate: Mr. Charles W. Cooper, AND EXPORT CERTIFICATION AND Room 2069, South Agriculture Building, Director, International Activities Staff INSPECTION SYSTEMS Washington, DC 20090–6456, Phone #: Center for Food Safety and Applied (202) 720–2184, Fax #: (202) 720–0016 (Host Government—Australia) Nutrition, Food and Drug Administration, Alternate Delegate: Mr. Larry B. Lace, Branch 200 C Street, SW, Room 5823 (HFS–585), Delegate: Mr. L. Robert Lake, Director, Office Chief, Fresh Products Branch, Fruits and Washington, DC 20204, Phone #: (202) of Regulations and Policy, U.S. Food and Vegetable Division, Agricultural Marketing Drug Administration, 200 C Street, SW, 205–5042, Fax #: (202) 401–7739 Service, U.S. Department of Agriculture, Washington, DC 20204, Phone #: (202) Room 2049, South Agriculture Building CODEX COMMITTEE ON COCOA 205–4160, Fax #: (202) 401–7739 1400 Independence Avenue, SW, PRODUCTS AND CHOCOLATE Alternate Delegate: Mr. Mark Manis, Director, Washington, DC 20090–6456, Phone #: International Policy Development Division, (Host Government—Switzerland) (202) 720–5870, Fax #: (202) 720–0393 Office of Policy, Program Development, U.S. Delegate: Mr. Charles W. Cooper, CODEX COMMITTEE ON FISH AND and Evaluation, Food Safety and Director, International Activities Staff, FISHERY PRODUCTS Inspection Service, U.S. Department of Center for Food Safety and Applied Agriculture, Room 4434, South Agriculture (Host Government—Norway) Nutrition, Food and Drug Administration, Building, 1400 Independence Avenue, SW, # 200 C Street, SW, Room 5823 (HFS–585), Washington, DC 20250–3700, Phone : Delegate: Mr. Philip C. Spiller, Director, # # Washington, DC 20204, Phone : (202) (202) 720–6415, Fax : (202) 720–7990 Office of Seafood (HFS–400) VERB, Center # for Food Safety and Applied Nutrition, 205–5042, Fax : (202) 401–7739 CODEX COMMITTEE ON GENERAL Alternate Delegate: Dr. Michelle Smith, Food PRINCIPLES Food and Drug Administration 200 C Street, SW, Washington, DC 20204, Phone Technologist, Office of Food Labeling, (Host Government—France) #: (202) 418–3133, Fax #: (202) 418–3198 Center for Food Safety and Applied Alternate Delegate: Mr. Samuel W. McKeen, Nutrition (HFS–158), 200 C Street, SW, Delegate: Note: A member of the Steering Washington, DC 20204, Phone #: (202) Committee heads the delegation to Director, Office of Trade and Industry 205–5099, Fax #: (202) 205–4594 meetings of the General Principles Services, National Oceanic and Committee Atmospheric Administration, NMFS 1335 CODEX COMMITTEE ON NATURAL East-West Highway, Room 6490, Silver MINERAL WATERS CODEX COMMITTEE ON FOOD LABELLING Spring, MD 20910, Phone #: (301) 713– (Host Government—Canada) 2351, Fax #: (301) 713–1081 (Host Government—Switzerland) Delegate: Mr. L. Robert Lake, Director, Office CODEX COMMITTEE ON MILK AND MILK Delegate: Dr. Terry C. Troxell, Director, of Regulations and Policy, U.S. Food and PRODUCTS Office of Plant and Dairy Foods and Drug Administration, 200 C Street, SW, Beverages, Center for Food Safety and Washington, DC 20204, Phone #: (202) (Host Government—New Zealand) Applied Nutrition, Food and Drug 205–4160, Fax #: (202) 401–7739 Delegate: Mr. Duane Spomer, Chief, Dairy Administration, 200 C Street, SW (HFS– # Alternate Delegate: Dr. Robert Post, Director, Standardization Branch, U.S. Department 305), Washington, DC 20204, Phone : # Labeling and Additive Policy Division, of Agriculture, Agricultural Marketing (202) 205–5321, Fax : (202) 205–4422 Office of Policy, Program Development and Service, Room 2750, South Agriculture Alternate Delegate: Ms. Shellee Davis, Evaluation, Food Safety and Inspection Building 1400 Independence Avenue, SW, Division of Programs and Enforcement Service, U.S. Department of Agriculture, Washington, DC 20250–0230, Phone #: Policy, Center for Food Safety and Applied Cotton Annex, Room 602, Washington, DC (202) 720–9382, Fax #: (202) 720–2643 Nutrition, Food and Drug Administration, 20250–3700, Phone #: (202) 205–0279, Fax Alternate Delegate: Mr. John C. Mowbray, 200 C Street, SW (HFS–306), Washington, #: (202) 205–3625 Division of Programs and Enforcement DC 20204, Phone #: (202) 205–4681, Fax #: CODEX COMMITTEE ON FOOD HYGIENE Policy, Center for Food Safety and Applied (202) 205–4422 Nutrition, Food and Drug Administration, CODEX COMMITTEE ON SUGARS (Host Government—United States) 200 C Street, SW (HFS–306), Washington, Delegate: Dr. Robert Buchanan, Senior DC 20204, Phone #: (202) 205–1731, Fax #: (Host Government—United Kingdom) Science Advisor, Food and Drug (202) 205–4422 Delegate: Dr. Benjamin Legendre, USDA/ Administration, 200 C Street, SW, CODEX COMMITTEE ON FATS AND OILS ARS, SRRC, Sugarcane Research Unit, 800 Washington, DC 20204, Phone #: (202) Little Bayou Black Drive, P.O. Box 470, 205–5053, Fax #: (202) 205–4970 (Host Government—United Kingdom) Houma, LA 70361–0470, Phone #: (504) Alternate Delegate: Vacant Delegate: Mr. Charles W. Cooper, Director, 872–5042, Fax #: (504) 868–8369 CODEX COMMITTEE ON NUTRITION AND International Activities Staff, Center for Alternate Delegate: Dr. Dennis M. Keefe, FOODS FOR SPECIAL DIETARY USES Food Safety and Applied Nutrition, Food Office of Premarket Approval, Center for and Drug Administration, 200 C Street, Food Safety and Applied Nutrition, Food (Host Government—Germany) SW, Room 5823 (HFS–585), Washington, and Drug Administration, 200 C Street, SW Delegate: Dr. Elizabeth Yetley, Director, DC 20204, Phone #: (202) 205–5042, Fax #: (HFS–206), Washington, DC 20204, Phone Office of Special Nutritionals, Center for (202) 401–7739 #: (202) 418–3113 Fax #: (202) 418–3131

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CODEX COMMITTEE ON CEREALS, Evaluation, Food Safety and Inspection Division, Office of Policy, Program PULSES AND LEGUMES 1 Service, U.S. Department of Agriculture, Development and Evaluation, Food Safety Room 602, Cotton Annex, 300 12th Street, and Inspection Service, U.S. Department of (Host Government—United States) SW, Washington, DC 20250–3700, Phone #: Agriculture, Room 112, Cotton Annex, 300 Delegate: Mr. Charles W. Cooper, Director, (202) 205–0279, Fax #: (202) 205–3625 12th Street, SW, Washington, DC 20250– International Activities Staff, Center for CODEX COMMITTEE ON VEGETABLE 3700, Phone #: (202) 720–5627, Fax #: (202) Food Safety and Applied Nutrition, Room PROTEINS 1 690–0486 5823 (HFS–585), Food and Drug Alternate Delegate: Mr. Charles Edwards, Administration, 200 C Street, SW, (Host Government—Canada) Director, Labeling, Products and Washington, DC 20204, Phone #: (202) U.S. Delegate: Dr. Wilda H. Martinez, Technology, Standards Division, Office of 205–5042, Fax #: (202) 401–7739 Associate Deputy Administrator, Aqua Policy, Program Development and Alternate Delegate: Mr. David Shipman, Products and Human Nutrition Sciences, Deputy Administrator, Grain Inspection Evaluation, Food Safety and Inspection U.S. Department of Agriculture, Packers and Stockyards, Administration, Service, U.S. Department of Agriculture, Agricultural Research Service, Room 107, U.S. Department of Agriculture, Room Room 405, Cotton Annex, 300 12th Street, B–005, Beltsville, MD 20705, Phone #: # 1092, South Agriculture Building, 1400 SW, Washington, DC 20250–3700, Phone : # # Independence Avenue, SW, Washington, (301) 504–6275, Fax : (301) 504–6699 (202) 205–0675, Fax : (202) 205–0080 Alternate Delegate: Vacant DC 20250–3601, Phone #: (202) 720–9170, Subsidiary Bodies of the Codex Alimentarius Fax #: (202) 720–1015 CODEX COMMITTEE ON MEAT HYGIENE 1 There are five regional coordinating CODEX COMMITTEE ON SOUPS AND (Host Government—New Zealand) committees: BROTHS 1 Delegate: Dr. John Prucha, Assistant Deputy Coordinating Committee for Africa (Host Government—Switzerland) Administrator, International and Domestic Coordinating Committee for Asia Delegate: Mr. Charles Edwards, Director, Policy, Food Safety and Inspection Service, Coordinating Committee for Europe Labeling, Products and Technology U.S. Department of Agriculture, Room Coordinating Committee for Latin America Standards Division, Office of Policy, 4866, South Agriculture Building, and the Caribbean, and # Program Development and Evaluation, Washington, DC 20250–3700, Phone : Coordinating Committee for North America # Food Safety and Inspection Service, U.S. (202) 720–3473, Fax : (202) 690–3856 and the South-West Pacific Department of Agriculture, Room 405, Alternate Delegate: Vacant Contact: Mr. Patrick Clerkin, Director, U.S. Cotton Annex, 300 12th Street, SW, CODEX COMMITTEE ON PROCESSED Codex Office, Food Safety and Inspection Washington, DC 20250–3700, Phone #: MEAT AND POULTRY PRODUCTS 1 Service, U.S. Department of Agriculture, (202) 205–0675, Fax #: (202) 205–0080 Room 4861, South Agriculture Building, Alternate Delegate: Dr. Robert Post, Director, (Host Government—Denmark) 1400 Independence Avenue, SW, Labeling and Compounds Review Division, U.S. Delegate: Dr. Daniel Engeljohn, Director, Washington, DC 20250–3700, Phone #: Office of Policy, Program Development and Regulations Development and Analysis (202) 205–7760, Fax #: (202) 720–3157.

Attachment 3

TIMETABLE OF CODEX SESSIONS [June 1998 through June 2000]

1998: CX 702±45 Executive Committee of the Codex Alimentarius Commission (45th Session) ...... 3±5 June ...... Rome. CX 722±23 Codex Committee on Fish and Fishery Products (23rd Session) ...... 8±12 June ...... Bergen. CX 716±13 Codex Committee on General Principles (13th Session) ...... 7±11 September Paris. CX 730±11 Codex Committee on Residues of Veterinary Drugs in Foods (11th Session) ...... 14±17 Sep- Washington, tember. DC. CX 720±21 Codex Commission on Nutrition and Foods for Special Dietary Uses (21st Session) ..... 21±25 Sep- Berlin. tember. CX 732±5 .. Codex Regional Coordinating Committee for North America and the South West Pacific 6±9 October ...... Seattle, WA. (5th Session). CX 712±31 Codex Committee on Food Hygiene (31st Session) ...... 26±30 October .. Washington, DC. CX 707±13 Codex Regional Coordinating Committee for Africa (13th Session) ...... 3±6 November .. Harare. CX 708±17 Codex Committee on Cocoa Products and Chocolate (17th Session) ...... 16±18 Novem- Switzerland. ber. CX 719±6 .. Codex Committee on Natural Mineral Waters (6th Session) ...... 19±21 Novem- Switzerland. ber. CX 715±22 Codex Committee on Methods of Analysis and Sampling (22nd Session) ...... 23±27 Novem- Budapest. ber. CX 725±11 Codex Regional Committee for Latin American and the Caribbean (11th Session) ...... 8±11 December Montevideo. 1999: CX 733±7 .. Codex Committee on Food Import and Export Certification and Inspection (7th Session) 22±26 February Melbourne. CX 731±8 .. Codex Committee on Fresh Fruits and Vegetables (8th Session) ...... 1±5 March ...... Mexico City. CX 709±16 Codex Committee on Fats and Oils (16th Session) ...... 8±12 March ...... London. CX 711±31 Codex Committee on Food Additives and Contaminants (31st Session) ...... 22±26 March .... The Hague. CX 718±31 Codex Committee on Pesticide Residues (31st Session) ...... 12±17 April ...... The Hague. CX 714±27 Codex Committee on Food Labelling (27th Session) ...... 19±23 April ...... Ottawa. CX 716±13 Codex Committee on General Principles (14th Session) ...... 26±30 April ...... Paris. CX 702±46 Executive Committee of the Codex Alimentarius Commission (46th Session) ...... 24±25 June ...... Rome. CX 701±23 Codex Alimentarius Commission (23rd Session) ...... 28 June±3 July Rome.

1 Adjourned sine die. The main tasks of these Committees are completed. However, the committees may be called to meet again if required.

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TIMETABLE OF CODEX SESSIONSÐContinued [June 1998 through June 2000] CX 727±12 Codex Regional Coordinating Committee for Asia (12th Session) ...... 23±26 Novem- Pukhet. ber. CX 712±32 Codex Committee of Food Hygiene (32nd Session) ...... 29 November± Washington, December. DC. 2000: CX 733±08 Codex Committee on Food Import and Export Certification and Inspection (8th Session) 21±25 February TBA. CX 703±04 Codex Committee on Milk and Milk Products (4th Session) ...... 28 February± New Zealand. March. CX 711±32 Codex Committee on Food Additives and Contaminants (32nd Session) ...... 20±24 March .... The Hague. CX 730±12 Codex Committee on Residues of Veterinary Drugs in Foods (12th Session) ...... 28±31 March .... TBA. CX 716±15 Codex Committee on General Principles (15th Session) ...... 10±14 April ...... Paris. CX 718±32 Codex Committee on Pesticide Residues (32nd Session) ...... 1±6 May ...... The Hague. CX 714±28 Codex Committee on Food Labelling (28th Session) ...... 8±12 May ...... Ottawa. CX 722±24 Codex Committee on Fish and Fishery Products (24th Session) ...... 5±9 June ...... Bergen. CX 720±22 Codex Committee on Nutrition and Foods for Special Dietary Uses (22nd Session) ...... 19±23 June ...... Berlin. CX 702±47 Executive Committee of the Codex Alimentarius Commission (47th Session) ...... 28±30 June ...... Geneva.

Attachment 4—Definitions for the or holding of such food or as a result of and occupational health and Purpose of Codex Alimentarius environmental contamination. The term environmental safety considerations. Actual conditions include any stage Words and phrases have specific does not include insect fragments, in the production, storage, transport, meanings when used by the Codex rodent hairs and other extraneous distribution and processing of food Alimentarius. For the purposes of matters. 5. Pesticide means any substance commodities and animal feed. Codex, the following definitions apply: 8. Codex Maximum Limit for Pesticide 1. Food means any substance, intended for preventing, destroying, attracting, repelling, or controlling any Residues (MRLP) is the maximum whether processed, semi-processed or concentration of a pesticide residue raw, which is intended for human pest including unwanted species of plants or animals during the production, (expressed as mg/kg), recommended by consumption, and includes drink, the Codex Alimentarius Commission to chewing gum, and any substance which storage, transport, distribution and processing of food, agricultural be legally permitted in or on food has been used in the manufacture, commodities and animal feeds. MRLPs preparation or treatment of ‘‘food’’ but commodities, or animal feeds or which may be administered to animals for the are based on their toxological affects does not include cosmetics or tobacco or and on GAP data and foods derived substances used only as drugs. control of ectoparasites. The term includes substances intended for use as from commodities that comply with the 2. Food hygiene comprises conditions respective MRLPs are intended to be and measures necessary for the a plant-growth regulator, defoliant, desiccant, fruit thinning agent, or toxologically acceptable. production, processing, storage and Codex MRLPs, which are primarily distribution of food designed to ensure sprouting inhibitor and substances applied to crops either before of after intended to apply in international trade, a safe, sound, wholesome product fit for are derived from reviews conducted by human consumption. harvest to protect the commodity from deterioration during storage and the JMPR following: 3. Food additive means any substance (a) Toxological assessment of the not normally consumed as a food by transport. The term pesticides excludes fertilizers, plant and animal nutrients, pesticide and its residue, and itself and not normally used as a typical (b) Review of residue data from food additives, and animal drugs. ingredient of the food, whether or not it supervised trials and supervised uses has nutritive value, the intentional 6. Pesticide residue means any including those reflecting national good addition of which to food for a specified substance in food, agricultural agricultural practices. Data from technological (including organoleptic) commodities, or animal feed resulting supervised trials conducted at the purpose in the manufacture, processing, from the use of a pesticide. The term highest nationally recommended, preparation, treatment, packing, includes any derivatives of a pesticide, authorized, or registered uses are packaging, transport, or holding of such such as conversion products, included in the review. In order to food results, or may be reasonably metabolites, reaction products, and accommodate variations in national pest expected to result, (directly or impurities considered to be of control requirements, Codex MRLPs indirectly) in it or its by-products toxological significance. take into account the higher levels becoming a component of or otherwise 7. Good Agricultural Practice in the shown to arise in such supervised trials, affecting the characteristics of such Use of Pesticides (GAP) includes the which are considered to represent foods. The food additive term does not nationally authorized safe uses of effective pest control practices. include ‘‘contaminants’’ or substances pesticides under actual conditions Consideration of the various dietary added to food for maintaining or necessary for effective and reliable pest residue intake estimates and improving nutritional qualities. control. It encompasses a range of levels determinations both at the national and 4. Contaminant means any substance of pesticide applications up to the international level in comparison with not intentionally added to food, which highest authorized use, applied in a the ADI, should indicate that foods is present in such food as a result of the manner that leaves a residue which is complying with Codex MRLPs are safe production (including operations the smallest amount practicable. for human consumption. carried out in crop husbandry, animal Authorized safe uses are determined 9. Veterinary Drug means any husbandry, and veterinary medicine), at the national level and include substance applied or administered to manufacture, processing, preparation, nationally registered or recommended any food-producing animal, such as treatment, packing, packaging, transport uses, which take into account public meat or milk-producing animals,

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Residues of Veterinary Drugs based process consisting of the elaborate a Worldwide Codex Standard include the parent compounds and/or following steps: (i) hazard may also be taken by subsidiary bodies their metabolites in any edible portion identification, (ii) hazard of the Commission in accordance with of the animal product, and include characterization, (iii) exposure the above-mentioned criteria, subject to residues of associated impurities of the assessment, and (iv) risk subsequent approval by the Commission veterinary drug concerned. characterization. or its Executive Committee at the Hazard identification: The 11. Codex Maximum Limit for earliest possible opportunity. In the case identification of biological, chemical, of Codex Regional Standards, the Residues of Veterinary Drugs (MRLVD) and physical agents capable of causing Commission shall base its decision on is the maximum concentration of adverse health effects and which may be the proposal of the majority of members residue resulting from the use of a present in a particular food or group of belonging to a given region or group of veterinary drug (expressed in mg/kg or foods. countries submitted at a session of the mg/kg on a fresh weight basis) that is Hazard characterization: The Codex Alimentarius Commission. recommended by the Codex qualitative and/or quantitative (2) The Secretariat arranges for the Alimentarius Commission to be legally evaluation of the nature of the adverse preparation of a proposed draft permitted or recognized as acceptable in health effects associated with biological, standard. In the case of Maximum or on food. chemical and physical agents that may Limits for Residues of Pesticides or An MRLVD is based on the type and be present in food. For chemical agents, Veterinary Drugs, the Secretariat amount of residue considered to be a dose-response assessment should be distributes the recommendations for without any toxological hazard for performed. For biological or physical maximum limits, when available from human health as expressed by the agents, a dose-response assessment the Joint Meetings of the FAO Panel of Acceptable Daily Intake (ADI), or on the should be performed if the data are Experts on Pesticide Residues in Food basis of a temporary ADI that utilizes an obtainable. and the Environment and the WHO additional safety factor. An MRLVD also Dose-response assessment: The Panel of Experts on Pesticide Residues takes into account other relevant public determination of the relationship (JMPR), or the Joint FAO/WHO Expert health risks as well as food between the magnitude of exposure Committee on Food Additives (JECFA). technological aspects. (dose) to a chemical, biological or In the cases of milk and milk products When establishing an MRLVD, physical agent and the severity and/or or individual standards for cheeses, the consideration is also given to residues frequency of associated adverse health Secretariat distributes the that occur in food of plant origin and/ effects (response). recommendations of the International or the environment. Furthermore, the Exposure assessment: The qualitative Dairy Federation (IDF). MRLVD may be reduced to be consistent and/or quantitative evaluation of the (3) The proposed draft standard is with good practices in the use of likely intake of biological, chemical, and sent to members of the Commission and veterinary drugs and to the extent that physical agents via food as well as interested international organizations practical and analytical methods are exposures from other sources if relevant. for comment on all aspects including available. Risk characterization: The qualitative possible implications of the proposed 12. Good Practice in the Use of and/or quantitative estimation, draft standard for their economic Veterinary Drugs (GPVD) is the official including attendant uncertainties, of the interests. recommended or authorized usage probability of occurrence and severity of Step 4 including withdrawal periods approved known or potential adverse health effects in a given population based on The comments received are sent by by national authorities, of veterinary the Secretariat to the subsidiary body or drugs under practicable conditions. hazard identification, hazard characterization and exposure other body concerned which has the 13. Processing Aid means any power to consider such comments and substance or material, not including assessment. Risk management: The process of to amend the proposed draft standard. apparatus or utensils, not consumed as weighing policy alternatives in the light 1 a food ingredient by itself, intentionally Step 5 of the results of risk assessment and, if used in the processing of raw materials, The proposed draft standard is required, selecting and implementing foods or its ingredients, to fulfill a submitted through the Secretariat to the appropriate control options, including certain technological purpose during Commission or to the Executive regulatory measures. treatment or processing and which may Risk communication: The interactive Committee with a view to its adoption result in the non-intentional but exchange of information and opinions as a draft standard. When making any unavoidable presence of residues or concerning risk among risk assessors, decision at this step, the Commission or derivatives in the final product. risk managers, consumers and other the Executive Committee will give due Definitions of Risk Analysis Terms interested parties. consideration to any comments that may Related to Food Safety be submitted by any of its members Attachment 5—Part 1 1 Hazard: A biological, chemical or Uniform Procedure for the Elaboration Without prejudice to any decision that may be physical agent in, or condition of, food taken by the Commission at Step 5, the proposed of Codex Standards and Related texts draft standard may be sent by the Secretariat for with the potential to cause an adverse government comment prior to its consideration at health effect. Steps 1, 2 and 3 Step 5, when, in the opinion of he subsidiary body Risk: A function of the probability of (1) The Commission decides, taking or other body concerned, the time between the relevant session of the Commission and the an adverse health effect and the severity into account the ‘‘Criteria for the subsequent session of the subsidiary or other body of that effect, consequential to a Establishment of Work Priorities and for concerned requires such actions in order to advance hazard(s) in food. the Establishment of Subsidiary the work.

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A Codex standard for majority of the Members of the region or by the Commission or its Executive any food or foods should be drawn up group of countries concerned attending Committee by a two-thirds majority of in accordance with the Format for Codex Commodity Standards and the session can decide to amend or votes cast. adopt the draft. When making any contain, as appropriate, the criteria (2) The Secretariat arranges for the decisions at this step, the members of listed therein. preparation of a proposed draft the region or group of countries standard. In the case of Maximum Format for Codex Commodity concerned will give due consideration Standards Including Standards to any comments that may be submitted Limits for Residues of Pesticides or Veterinary Drugs, the Secretariat Elaborated Under the Code of by any of the members of the Principles Concerning Milk and Milk distributes the recommendations for Commission regarding the implications Products which the proposed draft standard or maximum limits, when available from any provisions of the proposed draft the Joint Meetings of the FAO Panel of Introduction standard may have for their economic Experts on Pesticide Residues in Food The format is also intended for use as interests. and the Environment and the WHO a guide by the subsidiary bodies of the Panel of Experts on Pesticide Residues Codex Alimentarius Commission in Step 6 (JMPR), or the Joint FAO/WHO Expert presenting their standards, with the The draft standard is sent by the Committee on Food Additives (JECFA). object of achieving, as far as possible, a Secretariat to all members and In the cases of milk and milk products uniform presentation of commodity interested international organizations or individual standards for cheeses, the standards. The format also indicates the for comment on all aspects, including Secretariat distributes the statements which should be included in possible implications of the draft recommendations of the International standards as appropriate under the standard for their economic interests. Dairy Federation (IDF). relevant headings of the standard. The sections of the format required to be Step 7 (3) The proposed draft standard is sent to Members of the Commission and completed for a standard are only those The comments received are sent by provisions that are appropriate to an the Secretariat to the subsidiary body or interested international organizations for comment on all aspects including international standard for the food in other body concerned, which has the question. power to consider such comments and possible implications of the proposed draft standard for their economic Name of the Standard amend the draft standard. Scope interests. When standards are subject to Step 8 Description an accelerated procedure, this fact shall Essential Composition and Quality The draft standard is submitted be notified to the Members of the Factors through the Secretariat to the Commission and the interested Food Additives Commission together with any written international organizations. Contaminants proposals received from members and Hygiene Step 4 interested international organizations Weights and Measures for amendments at Step 8 with a view The comments received are sent by Labelling Methods of Analysis and Sampling to its adoption as a Codex Standard. In the Secretariat to the subsidiary body or the case of Regional standards, all other body concerned which has the Format for Codex Standards members and interested international power to consider such comments and Name of the Standard organizations may present their to amend the proposed draft standard. comments, take part in the debate and The name of the standard should be propose amendments but only the Step 5 clear and as concise as possible. It majority of members of the region or should usually be the common name by group of countries concerned attending In the case of standards identified as which the food covered by the standard the session can decide to amend and being subject to an accelerated is known or, if more than one food is adopt the draft. elaboration procedure, the draft dealt with in the standard, by a generic standard is submitted through the name covering them all. If a fully Part 2 Secretariat to the Commission together informative title is inordinately long, a Uniform Accelerated Procedure for the with any written proposals received subtitle could be added. from Members and interested Elaboration of Codex Standards and Scope Related Texts international organizations for amendments with a view to its adoption This section should contain a clear, Steps 1, 2 and 3 as a Codex standard. In taking any concise statement as to the food or foods (1) The Commission or the Executive decision at this step, the Commission to which the standard is applicable Committee between Commission will give due consideration to any unless the name of the standard clearly sessions, on the basis of a two-thirds comments that may be submitted by any and concisely identifies the food or majority of votes cast, taking into of its Members regarding the foods. A generic standard covering more account the ‘‘Criteria for the implications which the proposed draft than one specific product should clearly Establishment of Work Priorities and for standard or any provisions thereof may identify the specific products to which the Establishment of Subsidiary have for their economic interests. the standard applies.

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Description (b) Other Contaminants: In addition, interpretation of the General Standard This section should contain a this section should contain the names of in respect of the product concerned definition of the product or products other contaminants and where provided that these can be justified appropriate the maximum level with an indication, where appropriate, fully. The following statement should permitted in the food, and the text to of the raw materials from which the also appear: ‘‘The following provisions appear in the standard may take the product or products are derived and any in respect of the labelling of this following form: ‘‘The following necessary references to processes of product are subject to endorsement provisions in respect of contaminants, manufacture. The description may also [have been endorsed] by the Codex other than pesticide residues, are include references to types and styles of Committee on Food Labelling.’’ subject to endorsement [have been product and to type of pack. The endorsed] by the Codex Committee on Methods of Analysis and Sampling description may also include additional Food Additives and Contaminants.’’ This section should include, either definitions when these additional A tabulation should then follow, viz.: specifically or by reference, all methods definitions are required to clarify the ‘‘Name of contaminant, maximum level of analysis and sampling considered meaning of the standard. (in percentage or mg/kg).’’ necessary and should be prepared in accordance with the guidance given on Essential Composition and Quality Hygiene Factors page 79 of the Codex Procedural Any specific mandatory hygiene Manual. If two or more methods have This section should contain all provisions considered necessary should been proved to be equivalent by the quantitative and other requirements as be included in this section. They should Codex Committee on Methods of to composition including, where be prepared in accordance with the Analysis and Sampling, these could be necessary, identity characteristics, guidance given on page 78 of the Codex regarded as alternative and included in provisions on packing media and Procedural Manual. Reference should this section either specifically or by requirements as to compulsory and also be made to applicable codes of reference. The following statement optional ingredients. It should also hygienic practice. Any parts of such should also appear: ‘‘The methods of include quality factors that are essential codes, including in particular any end- analysis and sampling described for the designation, definition, or product specifications, should be set out hereunder are to be endorsed [have been composition of the product concerned. in the standard, if it is considered endorsed] by the Codex Committee on Such factors could include the quality necessary that they should be made Methods of Analysis and Sampling.’’ of the raw material, with the object of mandatory. The following statement protecting the health of the consumer, should also appear: ‘‘The following [FR Doc. 99–13353 Filed 5–25–99; 8:45 am] provisions on taste, odor, color, and provisions in respect of the food BILLING CODE 3410±DM±P texture which may be apprehended by hygiene of the product are subject to the senses, and basic quality criteria for endorsement [have been endorsed] by DEPARTMENT OF AGRICULTURE the finished products, with the object of the Codex Committee on Food preventing fraud. This section may refer Hygiene.’’ Forest Service to tolerances for defects, such as Weights and Measures blemishes or imperfect material, but this Notice of Intent To Prepare an information should be contained in This section should include all Environmental Impact Statement; appendix to the standard or in another provisions, other than labelling Finger Mountain Timber Sale(s), Sitka advisory text. provisions, relating to weights and Ranger District, Tongass National Food Additives measures, e.g. where appropriate, fill of Forest, Sitka, AK container, weight, measure or count of This section should contain the units determined by an appropriate AGENCY: Forest Service, USDA. names of the additives permitted and, method of sampling and analysis. ACTION: Notice of intent. where appropriate, the maximum Weights and measures should be SUMMARY: amount permitted in the food. It should expressed in S.I. units. In the case of The Department of be prepared in accordance with standards which include provisions for Agriculture, Forest Service will prepare guidance given on page 76 of the Codex the sale of products in standardized a Draft Environmental Impact Statement Procedural Manual and may take the amounts, e.g. multiples of 100 grams, for the Finger Mountain Timber Sale(s) following form: ‘‘The following S.I. units should be used, but this would project, located on the Sitka Ranger provisions in respect of food additives not preclude additional statements in District of the Tongass National Forest. and their specifications as contained in the standards of these standardized This Notice of Intent revises the section * * * of the Codex amounts in approximately similar proposed action for the Finger Mountain Alimentarius are subject to endorsement amounts in other systems of weights project and the schedule for the [have been endorsed] by the Codex and measures. decision described in the Notice of Committee on Food Additives and Intent published June 30, 1997 (Federal Contaminants.’’ Labelling Register: Volume 62, Number 125, Pages A tabulation should then follow, viz.: This section should include all the 35145–351460), and in the Notice of ‘‘Name of additive, maximum level (in labelling provisions contained in the Intent published July 23, 1997 (Federal percentage or mg/kg).’’ standard and should be prepared in Register: Volume 62, Number 141, Page accordance with the guidance given on 39498). Contaminants page 75 of the Codex Procedural DATES: Comments concerning the scope (a) Pesticide Residues: This section Manual. Provisions should be included of the analysis should be received in should include, by reference, any levels by reference to the General Standard for writing by June 25, 1999. for pesticide residues that have been the Labelling of Prepackaged Foods. The ADDRESSES: Send written comments to; established by the Codex Committee on section may also contain provisions Finger Mountain Planning Team, Sitka Pesticide Residues for the product which are exemptions from, additions Ranger District, 204 Siginaka Way, concerned. to, or which are necessary for the Sitka, AK 99835.

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FOR FURTHER INFORMATION CONTACT: Lisa Following the publication of this alternatives formulated and discussed in Winn, Team Leader, or Bill Lorenz, notice, a scoping document will be the document. Reviewers may wish to Planning Group Leader, Sitka Ranger mailed to interested people and refer to the Council on Environmental District, 204 Siginaka Way, Sitka, AK organizations. The document will Quality Regulations for implementing 99835, phone (907) 747–6671, fax (907) briefly describe the project and project the procedural provisions of the 747–4331, email 1winn/r10— area, the proposed action, and will National Environmental Policy Act, 40 [email protected], or blorenz/r10— invite public comment. CFR 1503.3, in addressing these points. chatham@fs. fed. us. Following scoping, the Comments received in response to SUPPLEMENTARY INFORMATION: The new interdisciplinary planning team will this solicitation, including names and proposed action for the Finger Mountain review comments received during the addresses of those who comment, will Timber Sale(s) project includes the scoping period to determine which be considered part of the public record following: (1) Timber harvest and issues are significant and within the on this proposed action and will be subsequent regeneration on scope of this project. If issues are available for public inspection. approximately 936 acres of forested land identified that were not previously Comments submitted anonymously will resulting in the production of noted, the team will develop be accepted and considered; however, alternatives that address all of the those who submit anonymous approximately 21.4 million board feet of significant issues. Significant issues comments will not have standing to sawlog and utility timber; (2) identified to date include potential appeal the subsequent decision under construction of approximately 9.8 miles effects on the following: (1) Wildlife 36 CFR Parts 215 or 217. Additionally, of permanent road, 10.9 miles of requiring old-growth forest habitat, (2) pursuant to 7 CFR 1.27(d), any person temporary road, and reconstruction of subsistence opportunities, (3) scenic may request the agency to withhold a approximately 13.4 miles of existing resources and recreation experiences. submission from the public record by road; (3) construction of one new log (4) marine environment from log showing how the Freedom of transfer facility and reconstruction of transfer facilities and logging camps, Information Act (FOIA) permits such one existing log transfer facility. This and (5) economic opportunities for confidentiality. Persons requesting such proposed action is one alternative for small-scale timber operators. confidentiality should be aware that, meeting the purpose and need for the If no additional issues are identified, under the FOIA, confidentiality may be project. the team will proceed with the current granted in only very limited The Finger Mountain project area is alternative development already circumstances, such as to protect trace now expected to provide between 10 underway. One of the alternatives will secrets. The Forest Service will inform and 25 million board feet of timber to be the ‘‘No Action’’ alternative, in the requester of the agency’s decision the timber industry in one or more which no additional timber harvest or regarding the request for confidentiality, timber sales. The actual range of road construction is proposed. Other and where the request is denied, the alternatives considered in the alternatives will consider various levels agency will return the submission and Environmental Impact Statement will be and locations of timber harvest in notify the requester that the comments determined during analysis. response to issues and non-timber may be resubmitted with or without the The purpose and need for the Finger objectives. The team will then prepare name and address. Mountain project consist of the a Draft Environmental Impact Statement following four items: (1) To implement which will display the alternatives and Decisions To Be Made the direction contained in the Modified the direct, indirect, and cumulative Fred S. Salinas, Assistant Forest 1997 Tongass National Forest Land and effects of each alternative. Supervisor of the Tongass National Resource Management Plan and the The Draft Environmental Impact Forest, is now the responsible official 1999 Record of Decision, including Statement is expected to be filed with and will decide whether or not to goals, objectives, management the Environmental Protection Agency by authorize timber harvest within the prescriptions, and standards and December, 1999. The comment period Finger Mountain project area. In guidelines; (2) to maintain wood on the Draft Environmental Impact addition, if timber harvest will occur, he production from suitable timber lands, Statement will be 45 days from the date will determine the following: (1) providing a continuous supply of wood the Environmental Protection Agency whether the design of the timber sale(s) to meet societies needs; (3) to help publishes the Notice of Availability in is consistent with meeting resource provide a stable supply of timber from the Federal Register. In addition to protection standards and guidelines in the Tongass National Forest which commenting on the proposed action and the Modified 1997 Forest Plan and the meets existing and potential market the Draft Environmental Impact 1999 Record of Decision; (2) how much demand and is consistent with sound Statement when it is released, agencies timber volume will be made available multiple use and sustained yield and other interested persons or groups and what are the effects of the planned objectives; and (4) to help meet the are invited to write to or speak with activities; (3) the location and design of desired future condition of the Forest Service officials at any time the timber harvest units, log transfer landscape as described by the Modified during the planning process. facilities, and road system; (4) 1997 Forest Plan. To assist the Forest Service in mitigation and monitoring required for identifying and considering issues and sound resource management; (5) Public Comment concerns on the proposed action or any whether there is a significant possibility Federal, State, and local agencies, as other alternatives, comments on the of a significant restriction on well as individuals and organizations Draft Environmental Impact Statement subsistence uses; and (6) road who may be interested in, or affected by, should be as specific as possible. It is management objectives, including the proposed action are invited to also helpful if comments refer to closures for resource protection and participate in the scoping process. This specific pages or chapters of the Draft economics. process will determine the scope and Environmental Impact Statement. The Final Environmental Impact significant issues to be analyzed in Comments may also address the Statement and Record of Decision is depth in the Environmental Impact adequacy of the Draft Environmental expected to be released by June, 2000. Statement. Impact Statement or the merits of the The Responsible Official will make a

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The Forest Service is seeking Number of Respondents: 2,867. Written comments and information and comments from Avg Hours Per Response: 42 minutes. recommendations for the proposed Federal, State, and local agencies, as Needs and Uses: The Census Bureau information collection should be sent well as individuals and organizations conducts a series of monthly, quarterly, within 30 days of publication of this who may be interested in, or affected by, and annual surveys as part of its Current notice to Linda Hutton, OMB Desk the proposed action. Industrial Reports (CIR) program. The Officer, room 10201, New Executive CIR surveys deal mainly with the The Forest Service believes it is Office Building, Washington, DC 20503. quantity and value of shipments of important to give reviewers notice of particular products and occasionally Dated: May 20, 1999. several court rulings related to public with data on production and Linda Engelmeier, participation in the environmental inventories; unfilled orders, receipts, Departmental Forms Clearance Officer, Office review process. First, reviewers of Draft stocks and consumption; and of the Chief Information Officer. Environmental Impact Statements must comparative data on domestic [FR Doc. 99–13313 Filed 5–25–99; 8:45 am] structure their participation in the production, exports, and imports of the BILLING CODE 3510±07±P environmental review of the proposal so products they cover. that it is meaningful and alerts an The information collected in the CIR agency to the reviewer’s position and program provides continuing and timely DEPARTMENT OF COMMERCE contentions: Vermont Yankee Nuclear national statistical data on Power Corp. v. NRDC, 435 U.S. 519, 553 manufacturing. The results of these Submission for OMB Review; (1978). Also, environmental objections surveys are used extensively by Comment Request that could be raised at the Draft individual firms, trade associations, and Environmental Impact Statement stage DOC has submitted to the Office of market analysts in planning or but that are not raised until after Management and Budget (OMB) for recommending marketing and completion of the Final Environmental clearance the following proposal for legislative strategies. Impact Statement may be waived or collection of information under the The CIR program includes both provisions of the Paperwork Reduction dismissed by the courts; City of Angoon mandatory and voluntary surveys. v. Hodel, 803 F.2d 1016, 1022 (9th Cir. Act (44 U.S.C. chapter 35). Typically, surveys conducted monthly Agency: U.S. Census Bureau. 1986) and Wisconsin Heritages, Inc. v. and quarterly are voluntary and surveys Title: Current Industrial Reports Harris, 490 F. Supp. 1334, 1338 (E.D. conducted annually are mandatory. The Program—Wave III (Voluntary). Wis. 1980). Because of these court frequency of collection is based on the Form Number(s): M336G, MQ313D, rulings, it is important that those cyclical nature of production, the need MA333U. interested in this proposed action for frequent trade monitoring in Agency Approval Number: 0607– participate by the close of the 45 day particular industries, and the use of 0776. comment period so that substantive certain production data in Government comments and objections are made economic indicator series. In some Type of Request: Revision of a available to the Forest Service at a time cases, companies reporting in the more currently approved collection. when it can meaningfully consider and frequent voluntary surveys that choose Burden: 699 hours. respond to them in the Final not to respond are subject to a special Number of Respondents: 342. Environmental Impact Statement. annual counterpart survey which is Avg Hours Per Response: 31 minutes. Dated: May 17, 1999. mandatory. Due to the large number of Needs and Uses: The Census Bureau John C. Sherrod, surveys in the CIR program, for conducts a series of monthly, quarterly, Acting Assistant Forest Supervisor. clearance purposes we group the and annual surveys as part of its Current Industrial Reports (CIR) program. The [FR Doc. 99–13404 Filed 5–25–99; 8:45 am] surveys into three Waves. The CIR surveys deal mainly with the BILLING CODE 3410±11±M mandatory and voluntary surveys in each Wave are separately submitted quantity and value of shipments of (with the exception that mandatory particular products and occasionally counterpart surveys are included in the with data on production and inventories; unfilled orders, receipts, DEPARTMENT OF COMMERCE same request as their voluntary equivalents). Thus, a total of six stocks and consumption; and Submission for OMB Review; clearances cover all of the surveys in the comparative data on domestic Comment Request CIR program. One Wave (two separate production, exports, and imports of the clearance requests) is submitted for products they cover. DOC has submitted to the Office of reclearance each year. The information collected in the CIR Management and Budget (OMB) for Affected Public: Businesses or other program provides continuing and timely clearance the following proposal for for-profit organizations. national statistical data on collection of information under the Frequency: Quarterly and annually. manufacturing. The results of these provisions of the Paperwork Reduction Respondent’s Obligation: Mandatory. surveys are used extensively by Act (44 U.S.C. chapter 35). Legal Authority: Title 13 U.S.C., individual firms, trade associations, and Agency: U.S. Census Bureau. Sections 81, 182, 224, and 225. market analysts in planning or Title: Current Industrial Reports OMB Desk Officer: Linda Hutton, recommending marketing and Program—Wave III (Mandatory). (202) 395–7858. legislative strategies.

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The CIR program includes both Management and Budget (OMB) for management and technical assistance, mandatory and voluntary surveys. clearance the following proposal for the kind of assistance each receives, and Typically, surveys conducted monthly collection of information under the impact of that assistance on the and quarterly are voluntary and surveys provisions of the Paperwork Reduction growth and profitability of the client conducted annually are mandatory. The Act (44 U.S.C. Chapter 35). firms. frequency of collection is based on the Agency: Minority Business The preparation of special reports cyclical nature of production, the need Development Agency. analyzing program activities and for frequent trade monitoring in Title: Performance Database (formerly services by business types, industry particular industries, and the use of the Business Development Report (BDR) trends, business starts, geographic certain production data in Government System), Phoenix (formerly Automated profiles, successful capital and economic indicator series. In some Business Enterprise Locator System marketing opportunities, and other cases, companies reporting in the more (ABELS)) and the Opportunity Database program elements. frequent voluntary surveys that choose Systems. The system permits client not to respond are subject to a special Agency Form Number: None. identification using a unique computer- annual counterpart survey which is OMB Approval Number: Formerly assigned identifier for each funded mandatory. Due to the large number of 0640–0002. organization. This identification is surveys in the CIR program, for Type of Request: Reinstatement, with related to all client data fields. Number clearance purposes we group the change, of a previously approved of clients assisted, types of assistance, surveys into three Waves. The collection for which approval has number of hours of assistance, dollar mandatory and voluntary surveys in expired. amounts of loans, bonds and contracts, each Wave are separately submitted Burden: 10,046 hours (46, 8,750 and as well as a number of other variables (with the exception that mandatory 1,250 hours annually, respectively). are available for analysis on each client counterpart surveys are included in the Number of Respondents: 40,046 (46, and funded organization. same request as their voluntary 35,000 and 5,000, respectively). MBDA requires this information to Avg. Hours per Response: 15 minutes. monitor, evaluate, and plan Agency equivalents). Thus, a total of six Needs and Uses: The purpose of the clearances cover all of the surveys in the programs which effectively enhance the Performance, Phoenix and Opportunity development of the minority business CIR program. One Wave (two separate databases is to provide an electronic clearance requests) is submitted for sector. system for (1) entering the Using information collected, MBDA reclearance each year. accomplishments (Performance) of Affected Public: Businesses or other produces ad hoc and recurring reports MBDA’s funded organizations, (2) for-profit organizations. on its funded organizations, client Frequency: Monthly, Quarterly, entering minority-owned businesses services activities and Annually. doing business in the United States accomplishments. Because MBDA’s Respondent’s Obligation: Voluntary (Phoenix), and matching contract major funded activity is client service, (Annual counterparts are Mandatory). opportunities with eligible minority the reports generated are a primary Legal Authority: Title 13 USC, companies listed in the Phoenix agency reporting and planning Sections 182, 224, 225. database (Opportunity). Specific uses of mechanism. OMB Desk Officer: Linda Hutton, the on-line Performance Database The data collection activity is (202) 395–7858. include: comprised of the Time Phased Plan Copies of the above information The documentation of actual (TPP). This form, included in the collection proposal can be obtained by performance accomplishments of each funded organization’s proposal in calling or writing Linda Engelmeier, funded organization compared with response to Agency solicitation in the DOC Forms Clearance Officer, (202) stated goals in its cooperative agreement Federal Register, provides the Agency 482–3272, Department of Commerce, with MBDA. The Performance database with the grantee’s actual room 5033, 14th and Constitution permits tracking of each funded accomplishments at the end of each Avenue, NW, Washington, DC 20230 (or organization’s goals using a number of reporting period. MBDA staff enters the via Internet at [email protected]). general and specific variables. The grantee goals at the time of solicitation. Written comments and flexibility of the database permits new The purpose of this collection will be recommendations for the proposed variables to be added as needed. to establish a framework for assessing information collection should be sent The verification of the summary and evaluating projects’ performance. within 30 days of publication of this performance accomplishments cited in The Phoenix database constitutes the notice to Linda Hutton, OMB Desk narrative reports. Based on the results, Minority Business Development Officer, room 10201, New Executive performance data and other qualitative Agency’s (MBDA) listing of minority- Office Building, Washington, DC 20503. information obtained during MBDA owned businesses doing business in the United States. The Opportunity Dated: May 20, 1999. quarterly monitoring will determine whether a specific cooperative database contains public and private Linda Engelmeier, agreement should be terminated or other contract and other opportunities. The Departmental Forms Clearance Officer, Office actions are needed to improve system matches contract opportunities of the Chief Information Officer. performance. with eligible minority companies listed [FR Doc. 99–13314 Filed 5–25–99; 8:45 am] The advantage of daily tracking of in the Phoenix database. The BILLING CODE 3510±07±P performance is that it will enable information entered in the Phoenix managers not only to terminate non- database will be used to assist minority performing funded organizations but, enterprises with marketing of goods and DEPARTMENT OF COMMERCE more importantly, to address services. Submission for OMB Review; performance problems early in their The purpose for collecting this Comment Request development. information is to enable entities with an Identifies minority business clients interest in contracting with a minority The Department of Commerce (DOC) receiving Agency-sponsored business firm to identify potential minority has submitted to the Office of development services in the form of contractors according to various criteria.

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MBDA uses the Phoenix database in Title: Survey of U.S. Chemical collection of information under conjunction with the Opportunity Industry to Regarding Activities provisions of the Paperwork Reduction database to refer listed minority Involving Chemicals Identified in Act (44 U.S.C. Chapter 35). companies contracts and other business Schedule 2 of the Chemical Weapons Agency: Bureau of Export opportunities via E-mail and fax. The Convention’s Annex on Chemicals. Administration (BXA). Opportunity database matches contract Agency Form Number: None. Title: National Security and Critical opportunities with eligible minority OMB Approval Number: N/A. Technology Assessment of the U.S. companies listed in the Phoenix Type of Request: New collection. Industrial Base. database. Specific information on the Burden: 100 hours. Agency Form Number: N/A. Opportunity form, such as ‘‘key words’’ Average Time Per Response: One OMB Approval Number: None. Type of Request: New collection. and NAICS codes, are compared with hour. Burden: 24,000 hours. like information contained in the Number of Respondents: 100 respondents. Average Time Per Response: 4 hours Phoenix database of minority per response. companies. When a match is made, the Needs and Uses: This collection of information is necessary in order to Number of Respondents: 6,000 eligible minority companies will be respondents. notified of any contract opportunity and assist efforts by U.S. government officials to ensure that the U.S. is and Needs and Uses: Commerce/BXA, in the offeror of the opportunity will be coordination with other government will be in compliance with certain notified of any eligible minority agencies and private entities, conduct provisions of the Chemical Weapons companies. These systems reside on assessments of U.S. industries deemed Convention (CWC) Treaty. This Y2K (year 2000) compliant platforms critical to our national security. The particular survey will be used to obtain connected to the service-provider information gathered is needed to assess data from those U.S. facilities that are network via the Internet. the health and competitiveness as well believed to be engaged in the Affective Public: Individuals, as the needs of the targeted industry production, processing, or use of businesses or other for-profit and not- sector in order to maintain a strong U.S. chemicals listed in Schedule 2 of the for-profit institutions. industrial base. Frequency: Annually. Agreement. It will be used to determine Affected Public: Individuals, Respondents Obligation: Required for which of these facilities can be expected businesses or other for-profit benefit. to have a Schedule 2 reporting or institutions. OMB Desk Officer: David Rostker inspection obligation. Respondent’s Obligation: Mandatory. (202) 395–3897. Affected Public: Federal government, OMB Desk Officer: David Rostker Copies of the above information businesses or other for-profit (202) 395–3897. collection proposal can be obtained by institutions. Copies of the above information calling or writing Linda Engelmeier, Respondent’s Obligation: Voluntary. collection proposal can be obtained by Departmental Forms Clearance Officer, OMB Desk Officer: David Rostker calling or writing Linda Engelmeier, (202) 482–3272, U.S. Department of (202) 395–3897. DOC Forms Clearance Officer, (202) Commerce, Office of the Chief Copies of the above information 482–3272, Department of Commerce, Information Officer, Room 5300, 14th collection proposal can be obtained by Room 5327, 14th and Constitution and Constitution Avenue, NW, calling or writing Linda Engelmeier, Avenue, NW, Washington, D.C. 20230 Washington, DC 20230 (or via Internet DOC Forms Clearance Officer, Office of (or via Internet at [email protected]). at [email protected]). the Chief Information Officer (202) 482- Written comments and Written comments and 3272, Department of Commerce, Room recommendations for the proposed recommendations for the proposed 5327, 14th and Constitution Avenue, information collection should be sent information collection should be sent to NW, Washington, D.C. 20230 (or via within 30 days of publication of this David Rostker, OMB Desk Officer, Room Internet at [email protected]). notice to David Rostker, OMB Desk 10202, New Executive Office Building, Written comments and Officer, Room 10202, New Executive 725 17th Street, NW, Washington, DC recommendations for the proposed Office Building, Washington, D.C. 20503 within 30 days of publication. information collection should be sent 20230. within 30 days of publication of this Dated: May 19, 1999. Dated: May 20, 1999. notice to David Rostker, OMB Desk Linda Engelmeier, Officer, Room 10202, New Executive Linda Engelmeier, Departmental Forms Clearance Officer, Office Office Building, Washington, D.C. Departmental Forms Clearance Officer, Office of the Chief Information Officer. 20230. of the Chief Information Officer. [FR Doc. 99–13315 Filed 5–25–99; 8:45 am] [FR Doc. 99–13391 Filed 5–25–99; 8:45 a.m.] Dated: May 20, 1999. BILLING CODE 3510±21±P BILLING CODE 3510±JT±P Linda Engelmeier, Departmental Forms Clearance Officer, Office DEPARTMENT OF COMMERCE of the Chief Information Officer. DEPARTMENT OF COMMERCE [FR Doc. 99–13316 Filed 5–25–99; 8:45 am] Submission for OMB Review; BILLING CODE 3510±33±P Submission for OMB Review; Comment Request Comment Request The Department of Commerce (DOC) The Department of Commerce (DOC) DEPARTMENT OF COMMERCE has submitted to the Office of has submitted to the Office of Management and Budget (OMB) for Submission for OMB Review; Management and Budget (OMB) for clearance the following proposal for Comment Request clearance the following proposal for collection of information under collection of information under provisions of the Paperwork Reduction The Department of Commerce (DOC) provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). has submitted to the Office of Act (44 U.S.C. Chapter 35). Agency: Bureau of Export Management and Budget (OMB) for Agency: Bureau of Export Administration (BXA). clearance the following proposal for Administration (BXA).

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Title: Procedure to Initiate an Agency: Bureau of Export SUMMARY: The Environmental Investigation under the Trade Administration (BXA). Technologies Trade Advisory Expansion Act of 1962, as amended. Title: End-User Certificates for High Committee will hold a plenary meeting Agency Form Number: N/A. Performance Computers to the People’s from 9:30 a.m. to 3:00 p.m. on June 15, OMB Approval Number: None. Republic of China. 1999. The ETTAC was created on May Type of Request: New collection. Agency Form Number: N/A. 31, 1994, to advise the U.S. government Burden: 8 hours. OMB Approval Number: 0694–0112. on policies and programs to expand U.S. Average Time Per Response: 4 hours Type of Request: Extension of a exports of environmental products and per response. currently approved collection of services. Number of Respondents: 2 information. DATE AND PLACE: June 15, 1999. The respondents. Burden: 75 hours. meeting will take place in Room 3407 of Average Time Per Response: 15 Needs and Uses: Commerce/BXA, the Department of Commerce, 14th minutes per response. upon request shall initiate an Street and Constitution Avenue, NW, investigation to determine the effects of Number of Respondents: 300 respondents. Washington, DC 20230. imports of certain commodities on the The plenary meeting will review the national security, and will make the Needs and Uses: U.S. exporters of high performance computers to the PRC objectives and agendas of its five findings known to the President for subcommittee working groups: Market will obtain the end-user certificate in possible adjustments to imports through Access, Trade Impediments, each transaction. BXA and other U.S. tariffs. The findings are made publicly Government Resources, Finance, and Government employees stationed at U.S. available and are reported to Congress. Outreach. There will also be a guest diplomatic posts will use the The purpose of this collection is to speaker and the group will work on information to perform post-shipment account for the public burden associated creating its agenda for the next year. with submitting such a request from any verifications in the PRC on all ‘‘high This meeting is physically accessible interested party, including other performance’’ computers, even those to people with disabilities. Requests for government departments or by the shipped under a ‘‘license exception’’ sign language interpretation or other Secretary of Commerce. category. Subsequently, BXA will use auxiliary aids should be directed to Jane Affected Public: Individuals, the information to produce the annual Siegel, Department of Commerce, Office businesses or other for-profit report to Congress. of Environmental Technologies Exports. institutions. Affected Public: Individuals, Phone: 202–482–5225. Respondent’s Obligation: Required for businesses or other for-profit and not- Dated: May 19, 1999. benefit. for-profit institutions. OMB Desk Officer: David Rostker Respondent’s Obligation: Mandatory. E. Sage Chandler, (202) 395–3897. OMB Desk Officer: David Rostker Office of Environmental Technologies Copies of the above information (202) 395–3897. Exports. collection proposal can be obtained by Copies of the above information [FR Doc. 99–13418 Filed 5–25–99; 8:45 am] calling or writing Linda Engelmeier, collection proposal can be obtained by BILLING CODE 3510±DR±U DOC Forms Clearance Officer, Office of calling or writing Linda Engelmeier, the Chief Information Officer, (202) DOC Forms Clearance Officer, Office of DEPARTMENT OF COMMERCE 482–3272, Department of Commerce, the Chief Information Officer, (202) Room 5327; 14th and Constitution 482–3272, Department of Commerce, Room 5033, 14th and Constitution National Institute of Standards and Avenue, NW; Washington, DC 20230 (or Technology via Internet at [email protected]). Avenue, NW, Washington, DC 20230 (or Written comments and via the Internet at [email protected]). Written comments and Notice of Government Owned recommendations for the proposed Inventions Available for Licensing information collection should be sent recommendations for the proposed within 30 days of publication of this information collection should be sent AGENCY: National Institute of Standards notice to David Rostker, OMB Desk within 30 days of publication of this and Technology Commerce. Officer, Room 10202, New Executive notice to David Rostker, OMB Desk SUMMARY: The inventions listed below Office Building, Washington, DC 20230. Officer, Room 10202, New Executive are owned in whole or in part by the Office Building, Washington, DC 20230. U.S. Government, as represented by the Dated: May 20, 1999. Dated: May 20, 1999. Department of Commerce. The Linda Engelmeier, Linda Engelmeier, Department of Commerce’s ownership Departmental Forms Clearance Officer, Office interest in the inventions are available of the Chief Information Officer. Departmental Forms Clearance Officer, Office of the Chief Information Officer. for licensing in accordance with 35 [FR Doc. 99–13392 Filed 5–25–99; 8:45 am] [FR Doc. 99–13393 Filed 5–25–99; 8:45 am] U.S.C. 207 and 37 CFR Part 404 to BILLING CODE 3510±JT±P achieve expeditious commercialization BILLING CODE 3510±33±P of results of Federally funded research and development. DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Submission for OMB Review; Technical and licensing information on Comment Request International Trade Administration these inventions may be obtained by writing to: National Institute of The Department of Commerce (DOC) Environmental Technologies Trade Standards and Technology, Office of has submitted to the Office of Advisory Committee (ETTAC) Technology Partnerships, Building 820, Management and Budget (OMB) for AGENCY: International Trade Room 213, Gaithersburg, MD 20899; Fax clearance the following proposal for Administration, U.S. Department of 301–869–2751. Any request for collection of information under Commerce. information should include the NIST provisions of the Paperwork Reduction Docket No. and Title for the relevant ACTION: Notice of open meeting. Act (44 U.S.C. Chapter 35). invention as indicated below.

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SUPPLEMENTARY INFORMATION: NIST may smoother and less hysteretic. The TES questions from the public. Each speaker enter into a Cooperative Research and response is also made smoother by will be limited to five minutes. Development Agreement (‘‘CRADA’’) implementing a damping circuit on the Members of the public who are with the licensee to perform further electrical output of the TES. interested in speaking are asked to research on the inventions for purposes Raymond G. Kammer, contact the Board Secretariat at the of commercialization. The inventions Director. telephone number indicated below. In available for licensing are: [FR Doc. 99–13426 Filed 5–25–99; 8:45 am] addition, written statements are invited NIST Docket Number: 96–012US. BILLING CODE 3510±13±M and may be submitted to the Board at Title: A Device for Spatially-Resolved, any time. Written statements should be High-Sensitivity Measurement of directed to the CSSPAB Secretariat, Optical Absorption Based on Intra- DEPARTMENT OF COMMERCE Information Technology Laboratory, 100 Cavity Total Reflection. Bureau Drive, Stop 8930, National Abstract: This device permits the National Institute of Standards and Institute of Standards and Technology, sensitive measurement of the optical Technology Gaithersburg, MD 20899–8930. It would absorption of matter in any state with be appreciated if 35 copies of written diffraction-limited spatial resolution Announcing a Meeting of the material were submitted for distribution using total internal reflection within a Computer System Security and Privacy to the Board and attendees no later than high-Q (high-quality, low-loss) optical Advisory Board June 7, 1999. Approximately 15 seats will be available for the public and cavity. Its use provides qualitative and AGENCY: National Institute of Standards quantitative analysis of material and Technology. media. composition and rates of chemical FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. Mr. reactions. The device is especially well Edward Roback, Board Secretariat, suited for thin film diagnostics. SUMMARY: Pursuant to the Federal Information Technology Laboratory, NIST Docket Number: 96–025CIP. Advisory Committee Act, 5 U.S.C. App., National Institute of Standards and Title: Intra-Cavity Total Reflection For notice is hereby given that the Computer Technology, 100 Bureau Drive, Stop High Sensitivity Measurement Of System Security and Privacy Advisory 8930, Gaithersburg, MD 20899–8930, Optical Properties. Board (CSSPAB) will meet Tuesday, telephone: (301) 975–3696. Abstract: An optical cavity resonator June 8, 1999, Wednesday, June 9, 1999, Dated: May 17, 1999. device is provided for conducting from 9:00 a.m. to 5:00 p.m. and Karen H. Brown, sensitive measurement of optical Thursday, June 10, 1999, from 9:00 a.m. Deputy Director. absorption by matter in any state with to 2:00 p.m. The Advisory Board was [FR Doc. 99–13337 Filed 5–25–99; 8:45 am] diffraction-limited spatial resolution established by the Computer Security through utilization of total internal Act of 1987 (P.L. 100–235) to advise the BILLING CODE 3510±CN±M reflection within a high-Q (high quality, Secretary of Commerce and the Director low loss) optical cavity. Intracavity total of NIST on security and privacy issues reflection generates an evanescent wave pertaining to federal computer systems. DEPARTMENT OF DEFENSE that decays exponentially in space at a All sessions will be open to the public. point external to the cavity, thereby DATES: The meeting will be held on June Department of the Navy providing a localized region where 8–9, 1999, from 9:00 a.m. to 5:00 p.m. absorbing materials can be sensitively and on June 10, 1999, from 9:00 a.m. Meeting of the Naval Research probed through alteration of the Q-factor until 2:00 p.m. Advisory Committee of the otherwise isolated cavity. When ADDRESSES: The meeting will take place a laser pulse is injected into the cavity AGENCY: Department of the Navy, DOD. at the National Institute of Standards and passes through the evanescent state, ACTION: Notice of meeting. and Technology, Gaithersburg, MD, an amplitude loss resulting from NIST North building, 820 West absorption is incurred that reduces the SUMMARY: The Naval Research Advisory Diamond Avenue, Room 618. lifetime of the pulse in the cavity. By Committee (NRAC) Panel on Optimized monitoring the decay of the injected Agenda Surface Ship Manning will meet in an Executive Session to review and assess pulse, the absorption coefficient of —Welcome and Overview manner within the evanescent wave the impact of previous studies to —Issues Update and Briefings optimize surface ship manning, region is accurately obtained from the —National Plan for Protecting the decay time measurement. personnel effectiveness, life quality, and Infrastructure review the status of current Department NIST Docket Number: 97–040US. —Online Privacy and Privacy of the Navy (DON) programs and plans; Title: Superconducting Transition- Preferences Project (P3P) Edge Sensor with Weak Links. and identify technology opportunities —OMB/OIRA Brief and policy implications for increasing Abstract: The invention comprises the —CIO Security Committee Brief use of one or more localized weak-link the effectiveness of ship’s personnel —NIST Computer Security Updates without sacrificing readiness or mission structures, and damping on the —GITS Security Committee Brief electrical bias circuit, to improve the capability. The meeting will be open to —Pending Business/Discussion the public. performance of superconducting —Public Participation transition-edge sensors (TES). the weak —Agenda Development for September DATES: The meeting will be held on links generally comprise an area or areas 1999 Meeting Friday, May 28, 1999, from 1 p.m.to 5 having a reduction in cross-sectional —Wrap-Up p.m. geometry in an otherwise uniform ADDRESSES: The meeting will be held at bilayer TES applied to a substrate. The Public Participation the Jorge Scientific Corporation, 1225 weak links control the dissipation of The Board agenda will include a Jefferson Davis Highway, 6th Floor, power in the sensor, making it quieter period of time, not to exceed thirty Suite 600, Crystal Gateway Two, and making its electrical response minutes, for oral comments and Arlington, Virginia.

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FOR FURTHER INFORMATION CONTACT: 1995 (44 U.S.C. Chapter 35) requires Additional Information: The Diane Mason-Muir, Program Director, that the Director of OMB provide expedited collection of this information Naval Research Advisory Committee, interested Federal agencies and the is essential to the mission of the 800 North Quincy Street, Arlington, VA public an early opportunity to comment Department to support the identification 22217–5660, telephone number: (703) on information collection requests. The and dissemination of effective 696–6769. Office of Management and Budget approaches to creating safe and drug- Authority: 5 U.S.C. App. 2. (OMB) may amend or waive the free learning environments at institutions of higher education. The Dated: May 11, 1999. requirement for public consultation to the extent that public participation in reauthorization of the Higher Education Saundra K. Melancon, the approval process would defeat the Act (HEA), Section 120(f) establishes a Paralegal Specialist, Office of the Judge purpose of the information collection, national recognition awards program to Advocate General, Alternate Federal Register identify ten innovative and effective Liaison Officer. violate State or Federal law, or substantially interfere with any agency’s alcohol and drug abuse prevention [FR Doc. 99–13298 Filed 5–25–99; 8:45 am] ability to perform its statutory programs. BILLING CODE 3810±FF±P obligations. The Acting Leader, Frequency: Annually. Information Management Group, Office Affected Public: Not-for-profit of the Chief Information Officer, institutions; State, local or Tribal Gov’t; DEPARTMENT OF EDUCATION publishes this notice containing SEAs or LEAs. Reporting and Recordkeeping Hour Notice of Proposed Information proposed information collection requests at the beginning of the Burden: Collection Requests Responses: 50. Departmental review of the information Burden Hours: 1,600. AGENCY: Department of Education. collection. Each proposed information ACTION: Notice of Proposed Information collection, grouped by office, contains [FR Doc. 99–13300 Filed 5–25–99; 8:45 am] Collection Requests. the following: (1) Type of review BILLING CODE 4000±01±P requested, e.g., new, revision, extension, SUMMARY: The Acting Leader, existing or reinstatement; (2) Title; (3) Information Management Group, Office Summary of the collection; (4) DEPARTMENT OF EDUCATION of the Chief Information Officer, invites Description of the need for, and Submission for OMB Review; comments on the proposed information proposed use of, the information; (5) Comment Request collection requests as required by the Respondents and frequency of Paperwork Reduction Act of 1995. collection; and (6) Reporting and/or AGENCY: Department of Education. DATES: An emergency review has been Recordkeeping burden. ED invites SUMMARY: The Acting Leader, requested in accordance with the Act public comment at the address specified Information Management Group, Office (44 U.S.C. Chapter 3507 (j)), since above. Copies of the requests are of the Chief Information Officer invites public harm is reasonably likely to available from Patrick J. Sherrill at the comments on the submission for OMB result if normal clearance procedures address specified above. review as required by the Paperwork are followed. Approval by the Office of The Department of Education is Reduction Act of 1995. Management and Budget (OMB) has especially interested in public comment DATES: Interested persons are invited to been requested by June 2, 1999. addressing the following issues: (1) is submit comments on or before June 25, ADDRESSES: Written comments this collection necessary to the proper 1999. regarding the emergency review should functions of the Department; (2) will ADDRESSES: Written comments should be addressed to the Office of this information be processed and used be addressed to the Office of Information and Regulatory Affairs, in a timely manner, (3) is the estimate Information and Regulatory Affairs, Attention: Danny Werfel, Desk Officer: of burden accurate; (4) how might the Attention: Danny Werfel, Desk Officer, Department of Education, Office of Department enhance the quality, utility, Department of Education, Office of Management and Budget; 725 17th and clarity of the information to be Management and Budget, 725 17th Street, N.W., Room 10235, New collected, and (5) how might the Street, NW, Room 10235, New Executive Office Building, Washington, Department minimize the burden of this Executive Office Building, Washington, D.C. 20503. Requests for copies of the collection on respondents, including DC 20503 or should be electronically proposed information collection request through the use of information mailed to the internet address should be addressed to Patrick J. technology. [email protected]. Requests Sherrill, Department of Education, 600 Dated: May 20, 1999. for copies of the proposed information Independence Avenue, S.W. , Room William E. Burrow, collection requests should be addressed 5624, Regional Office Building 3, Acting Leader, Information Management to Patrick J. Sherrill, Department of Washington, D.C. 20202–4651, or Group, Office of the Chief Information Officer. Education, 400 Maryland Avenue, SW, should be electronically mailed to the Room 5624, Regional Office Building 3, internet address Pat [email protected], or Office of Elementary and Secondary Washington, D.C. 20202–4651, or should be faxed to 202–708–9346. Education should be electronically mailed to the FOR FURTHER INFORMATION CONTACT: Type of Review: New. internet address Pat [email protected], or Patrick J. Sherrill (202) 708–8196. Title: Safe and Drug-free Schools and should be faxed to 202–708–9346. Individuals who use a Communities—Alcohol and Other Drug FOR FURTHER INFORMATION CONTACT: telecommunications device for the deaf Prevention Models on College Patrick J. Sherrill (202) 708–8196. (TDD) may call the Federal Information Campuses Grant Competition. Individuals who use a Relay Service (FIRS) at 1–800–877–8339 Abstract: This program identifies and telecommunications device for the deaf between 8 a.m. and 8 p.m., Eastern time, disseminates information about (TDD) may call the Federal Information Monday through Friday. innovative and effective alcohol and Relay Service (FIRS) at 1–800–877–8339 SUPPLEMENTARY INFORMATION: Section other drug prevention programs at between 8 a.m. and 8 p.m., Eastern time, 3506 of the Paperwork Reduction Act of institutions of higher education. Monday through Friday.

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SUPPLEMENTARY INFORMATION: Section Responses: 8,870. sector and community involvement in 3506 of the Paperwork Reduction Act of Burden Hours: 2,925. improving education; and (4) ways to 1995 (44 U.S.C. Chapter 35) requires Abstract: The Student Aid Internet expand and compliment Federal that the Office of Management and Gateway (SAIG) Enrollment Document education initiatives. Budget (OMB) provide interested will be used by postsecondary At the June 3rd meeting, the Federal agencies and the public an early institutions, third-party, software Commission will discuss assessment, opportunity to comment on information providers, lenders, guaranty agencies, Hispanic Serving Institutions (HSIs), collection requests. OMB may amend or and state scholarship programs. This and the work of the White House waive the requirement for public will allow participants to have Initiative in implementing the consultation to the extent that public electronic access, to receive and recommendations made by the participation in the approval process transmit, view and update student Commission. Specifically, the would defeat the purpose of the financial aid data. The Department will Commission Assessment Committee information collection, violate State or use this information on the enrollment will present its plan to analyze and Federal law, or substantially interfere form to assign customers a Student Aid evaluate state data and policies related with any agency’s ability to perform its Internet Gateway ID and associate Title to assessment of English Language statutory obligations. The Acting IV services selected by the customer. Learners (ELL) and issue a report card Leader, Information Management [FR Doc. 99–13299 Filed 5–25–99; 8:45 am] to the nation on the appropriateness and Group, Office of the Chief Information accuracy of the assessment of ELL and BILLING CODE 4000±01±P Officer, publishes that notice containing accountability for their learning. proposed information collection The Commission will also address requests prior to submission of these DEPARTMENT OF EDUCATION Hispanic Serving Institutions (HSIs) and requests to OMB. Each proposed the ongoing efforts by the White House information collection, grouped by President's Advisory Commission on Initiative to raise the nation’s level of office, contains the following: (1) Type Educational Excellence for Hispanic awareness about the role and capacity of of review requested, e.g. new, revision, Americans; Meeting HSIs to educate the Latino community. extension, existing or reinstatement; (2) Joining the Commission to discuss HSIs Title; (3) Summary of the collection; (4) AGENCY: President’s Advisory will be Ricardo Fernandez, President, Description of the need for, and Commission on Educational Excellent Lehman College. proposed use of, the information; (5) for Hispanic Americans, Department of Commissioners will participate in the Respondents and frequency of Education. White House Initiative conference collection; and (6) Reporting and/or ACTION: Notice of meeting. Excelencia en Educacion: The Role of Recordkeeping burden. OMB invites Parents in the Education of Their SUMMARY: This notice sets fourth the public comment at the address specified children. The conference takes place on schedule and proposed agenda of a above. Copies of the requests are June 4–5 in New York City on the forthcoming meeting of the President’s available from Patrick J. Sherrill at the campus of City College of New York. Advisory Commission on Educational address specified above. Records of all Commission Excellence for Hispanic Americans proceedings are available for public Dated: May 20, 1999. (Commission). Notice of this meeting is inspection at the White House Initiative, William E. Burrow, required under section 10(a)(2) of the U.S. Department of Education, 400 Acting Leader, Information Management Federal Advisory Committee Act in Maryland Ave., SW Room 5E110, Group, Office of the Chief Information Officer. order to notify the public of their Washington, DC 20202 from 9:00 a.m. to Office of Student Financial Assistance opportunity to attend. 5:00 p.m. (est). Programs DATES AND TIMES: Thursday, June 3, Dated: May 18, 1999. 1999, 1 p.m.–5 p.m. (est). Type of Review: Revision. G. Mario Moreno, ADDRESSES: Title: Federal PLUS Loan Program Ford Foundation, 320 East Assistant Secretary, Office of Application Documents. 43rd Street, 11th Floor, New York, NY Intergovernmental and Interagency Affairs. Frequency: On occasion. 10017. [FR Doc. 99–13209 Filed 5–24–99; 8:45 am] Affected Public: Individuals or FOR MORE INFORMATION CONTACT : Luis BILLING CODE 4000±01±M households; Businesses or other for- Rosero, Director of Communications, at profits; Not-for-profit institutions. 202–401–8459 (telephone), 202–401– Reporting and Recordkeeping Burden: l 8377 (FAX), luis [email protected] (e- DEPARTMENT OF ENERGY Responses: 100,000. mail) or mail: U.S. Department of Burden Hours: 50,000. Education, 400 Maryland Avenue SW, [Docket No. EA±210] Abstract: This application form and Room 5E110; Washington, DC 20202– promissory note is the means by which 3601. Application To Export Electric Energy; a parent borrower applies for a Federal PP&L EnergyPlus Company SUMMARY INFORMATION: PLUS Loan and promises to repay the The Commission loan, and a school, lender, and guaranty was established under Executive Order AGENCY: Office of Fossil Energy, DOE. agency certifies the parent borrower’s 12900 (February 22, 1994) to provide ACTION: Notice of Application. eligibility to receive a PLUS loan. the President and the Secretary of Education with advice on (1) the SUMMARY: PP&L EnergyPlus Company Office of Student Financial Assistance progress of Hispanic Americans toward (PP&L EnergyPlus) has applied for Programs achievement of the National Goals and authority to transmit electric energy Type of Review: New. other standards of educational from the United States to Canada Title: Student Aid Internet Gateway accomplishment; (2) the development, pursuant to section 202(e) of the Federal (SAIG) Enrollment Document. monitoring, and coordination of Federal Power Act. Frequency: On occasion. efforts to promote high-quality DATES: Comments, protests or requests Reporting and Recordkeeping Hour education for Hispanic Americans; (3) to intervene must be submitted on or Burden: ways to increase, State, county, private before June 25, 1999.

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ADDRESSES: Comments, protests or Comments on the PP&L EnergyPlus Energy Paducah Site Office, Post Office requests to intervene should be application to export electric energy to Box 1410, MS–103, Paducah, Kentucky addressed as follows: Office of Coal & Canada should be clearly marked with 42001, (502) 441–6804. Power Im/Ex (FE–27), Office of Fossil Docket EA–210. Additional copies are to SUPPLEMENTARY INFORMATION: Energy, U.S. Department of Energy, be filed directly with Jesse A. Dillion, 1000 Independence Avenue, SW, Esq. Senior Counsel, PP&L, Inc., Two Purpose of the Board Washington, DC 20585–0350 (FAX 202– North Ninth Street, Allentown, PA 287–5736). 18101, and John F. Cotter, Sr. Vice The purpose of the Board is to make FOR FURTHER INFORMATION CONTACT: President—Marketing, PP&L EnergyPlus recommendations to DOE and its Xavier Puslowski (Program Office) 202– Co., Two North Ninth Street, Allentown, regulators in the areas of environmental 586–4708 or Michael Skinker (Program PA 18101, and Douglas H. Rosenberg, restoration and waste management Attorney) 202–586–6667. Esq., Preston Gates & Ellis LLP, 5000 activities. Columbia Center, 701 Fifth Avenue, SUPPLEMENTARY INFORMATION: Exports of Seattle, WA 98104–7078. Tentative Agenda electricity from the United States to a A final decision will be made on this 5:30 p.m.—Call to order/Discussion foreign country are regulated and application after the environmental require authorization under section impacts have been evaluated pursuant 6:00 p.m.—Approve Meeting Minutes 202(e) of the Federal Power Act (FPA) to the National Environmental Policy 6:05 p.m.—Public Comment/Questions (16 U.S.C. 824a(e)). Act of 1969, and a determination is 6:30 p.m.—Presentations On May 4, 1999, the Office of Fossil made by the DOE that the proposed Energy (FE) of the Department of Energy action will not adversely impact on the 7:15 p.m.—Sub Committee Reports (DOE) received an application from reliability of the U.S. electric power 8:15 p.m.—Administrative Issues PP&L EnergyPlus to transmit electric supply system. 8:30 p.m.—Adjourn energy from the United States to Copies of this application will be Canada. PP&L EnergyPlus, a made available, upon request, for public Copies of the final agenda will be Pennsylvania limited liability company, inspection and copying at the address available at the meeting. is a power marketer that does not own provided above or by accessing the Public Participation or control any electric generation or Fossil Energy Home Page at http:// transmission facilities nor does it have www.fe.doe.gov. Upon reaching the The meeting is open to the public. any franchised service territory in the Fossil Energy Home page, select United States. Written statements may be filed with ‘‘Regulatory Programs,’’ then the Committee either before or after the PP&L EnergyPlus proposes to arrange ‘‘Electricity Regulation,’’ and then for the delivery of electric energy to meeting. Individuals who wish to make ‘‘Pending Proceedings’’ from the options oral statements pertaining to agenda Canada over the international menus. transmission facilities owned by Basin items should contact John D. Sheppard Electric Power Cooperative, Bonneville Issued in Washington, D.C., on May 20, at the address or telephone number 1999. Power Administration, Citizens listed above. Requests must be received Utilities, Detroit Edison Company, Anthony J. Como, 5 days prior to the meeting and Eastern Maine Electric Cooperative, Manager, Electric Power Regulation, Office reasonable provision will be made to Joint Owners of the Highgate Project, of Coal & Power Im/Ex, Office of Coal & include the presentation in the agenda. Power Systems, Office of Fossil Energy. Maine Electric Power Company, Maine The Designated Federal Official is Public Service Company, Minnesota [FR Doc. 99–13395 Filed 5–25–99; 8:45 am] empowered to conduct the meeting in a Power & Light, Inc., Minnkota Power BILLING CODE 6450±01±P fashion that will facilitate the orderly Cooperative, New York Power conduct of business. Each individual wishing to make public comment will Authority, Niagara Mohawk Power DEPARTMENT OF ENERGY Corporation, Northern States Power, and be provided a maximum of 5 minutes to Vermont Electric Transmission present their comments as the first item Paducah Gaseous Diffusion Plant Site of the meeting agenda. Company. Specific Advisory Board The construction of each of the Minutes international transmission facilities to AGENCY: Department of Energy (DOE). be utilized by PP&L EnergyPlus, as more ACTION: Notice of open meeting. The minutes of this meeting will be fully described in the application, has available for public review and copying SUMMARY: This notice announces a previously been authorized by a at the Freedom of Information Public meeting of the Environmental Presidential permit issued pursuant to Reading Room, 1E–190, Forrestal Management Site-Specific Advisory Executive Order 10485, as amended. Building, 1000 Independence Avenue, Board (EM SSAB), Paducah Gaseous SW, Washington, DC 20585 between Procedural Matters Diffusion Plant. The Federal Advisory 9:00 a.m. and 4 p.m., Monday–Friday, Any person desiring to become a Committee Act (Pub. L. 92–463, 86 Stat. except Federal holidays. Minutes will party to this proceeding or to be heard 770) requires that public notice of these also be available at the Department of by filing comments or protests to this meetings be announced in the Federal Energy’s Environmental Information application should file a petition to Register. Center and Reading Room at 175 intervene, comment or protest at the DATES: Thursday, June 17, 1999: 5:30 Freedom Boulevard, Highway 60, Kevil, address provided above in accordance p.m.–8:30 p.m. Kentucky between 8:00 a.m. and 5:00 with §§ 385.211 or 385.214 of the ADDRESSES: Paducah Information Age p.m. on Monday thru Friday or by FERC’s Rules of Practice and Procedures Park Resource Center, 2000 McCracken writing to John D. Sheppard, (18 CFR 385.211, 385.214). Fifteen Boulevard, Paducah, Kentucky. Department of Energy Paducah Site copies of each petition and protest FOR FURTHER INFORMATION CONTACT: John Office, Post Office Box 1410, MS–103, should be filed with the DOE on or D. Sheppard, Site Specific Advisory Paducah, Kentucky 42001 or by calling before the date listed above. Board Coordinator, Department of him at (502) 441–6804.

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Issued at Washington, DC on May 20, 1999. motion to intervene or a protest in (Koch) tendered for filing a report Rachel M. Samuel, accordance with the requirements of the identifying the amount of the refunds Deputy Advisory Committee Management Commission’s Rule of Practice and received and the dates on which Officer. Procedure (18 CFR 385.214 or 385.211) repayments were made as directed by [FR Doc. 99–13398 Filed 5–25–99; 8:45 am] and the Regulations under the Natural FERC in Docket No. RP96–209–004. BILLING CODE 6450±01±P Gas Act (18 CFR 157.10). All protests In accordance with Section 154.502 of filed with the Commission will be the Commission’s Regulations, copies of considered by it in determining the this filing have been served upon all DEPARTMENT OF ENERGY appropriate action to be taken, but will parties on the official service list created not serve to make protestants parties to by the Secretary in this proceeding and Federal Energy Regulatory the proceeding. Any person wishing to Koch’s customers, state commissions Commission become a party to a proceeding, or to and other interested parties. In addition, participate as a party in any hearing [Docket No. CP96±213±010] copies of the instant filing are available therein, must file a motion to intervene during regular business hours for public in accordance with the Commission’s Columbia Gas Transmission inspection in Koch’s offices, in Houston, Rules. Corporation; Notice of Amendment Texas. Take further notice that, pursuant to May 20, 1999. the authority contained in and subject to Any person desiring to protest this Take notice that on May 14, 1999, jurisdiction conferred upon the Federal filing should file protest with the Columbia Gas Transmission Corporation Energy Regulatory Commission by Federal Energy Regulatory Commission, (Columbia), 12801 Fair Lakes Parkway, Sections 7 and 15 of the Natural Gas Act 888 First Street, N.E., Washington, D.C. Fairfax, Virginia 22033, filed in Docket and the Commission’s Rules of Practice 20426, in accordance with Section No. CP96–213–010 an abbreviated and Procedure, a hearing will be held 385.211 of the Commission’s Rules and application pursuant to Section 7(c) of without further notice before the Regulations. All such protests must be the Natural Gas Act, as amended, to Commission or its designee on this filed as provided in Section 154.210 of amend its certificates previously issued application if no motion to intervene is the Commission’s Regulations. Protests by the Commission in an ‘‘Order filed within the time required herein, or will be considered by the Commission Denying Rehearing and Issuing if the Commission on its own review of in determining the appropriate action to Certificates’’ on May 14, 1997 and in the matter finds that permission and be taken, but will not serve to make amendment orders ‘‘Order Amending approval for the proposed certificate protestants parties to the proceedings. Certificate’’ on November 25, 1997, June and abandonment are required by the Copies of this filing are on file with the 30, 1998 and April 2, 1999 in Docket public convenience and necessity. If a Commission and are available for public Nos. CP96–213–000, et al., Columbia’s motion for leave to intervene is timely inspection in the Public Reference Market Expansion Project (MEP) all as filed, or if the Commission on its own Room. This filing may be viewed on the more fully set forth in the request that motion believes that a formal hearing is web at http://www.ferc.fed.us/online/ is on file with the Commission and open required, further notice of such hearing rims.htm (call 202–208–2222 for to public inspection. This filing may be will be duly given. assistance). viewed on the web at http:// Under the procedure herein provided David P. Boergers, www.ferc.fed.us/online/rims.htm for, unless otherwise advised, it will be (please call (202) 208–0400 for unnecessary for Columbia to appear or Secretary. assistance). be represented at the hearing. [FR Doc. 99–13367 Filed 5–25–99; 8:45 am] By this amendment, Columbia David P. Boergers, BILLING CODE 6717±01±M proposes to further amend its Secretary. authorization to modify certain [FR Doc. 99–13357 Filed 5–25–99; 8:45 am] DEPARTMENT OF ENERGY authorized projects in its Coco and BILLING CODE 6717±01±M Crawford Storage Fields, located in Kanawha County, West Virginia and Federal Energy Regulatory Commission Hocking County, Ohio respectively. The DEPARTMENT OF ENERGY proposed modifications will not impact any other key project items or system Federal Energy Regulatory [Docket No. MG99±20±000] capacities for MEP services and will not Commission increase previous total MEP estimated National Fuel Gas Supply Corporation; [Docket No. RP96±209±005] costs. Notice of Filing Any person desiring to be heard or to Koch Gateway Pipeline Company; May 20, 1999. make any protest with reference to said Notice of Report application should, on or before June Take notice that on May 13, 1999, 10, 1999, file with the Federal Energy May 20, 1999. National Fuel Gas Supply Corporation Regulatory Commission, 888 First Take notice that on May 17, 1999, (National Fuel) filed revised standards Street, N.E., Washington, D.C. 20426, a Koch Gateway Pipeline Company of conduct under Order Nos. 497 et

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[Docket No. RP99±305±000] 523–000 a request pursuant to Sections 157.205, 157,211 and 157.216(b) of the Any person desiring to be heard or to Northern Border Pipeline Company; Commission’s Regulations under the protest said filing should file a motion Notice of Petition for Limited Waiver of Natural Gas Act (18 CFR 157.205, to intervene or protest with the Federal Tariff Provisions 157.211 and 157.216) for approval to Energy Regulatory Commission, 888 abandon, construct and operate certain May 20, 1999. First Street, N.E., Washington, D.C., facilities in Louisiana, under 20426, in accordance with Rules 211 or Take notice that on May 14, 1999, Northern Border Pipeline Company Applicant’s blanket certificate issued in 214 of the Commission’s Rules of Docket Nos. CP82–384–000 and CP82– Practice and Procedure (18 CFR 385.211 (Northern Border) petitioned the Federal Energy Regulatory Commission 384–001, pursuant to Section 7(c) of the or 385.214). All such motions to Natural Gas Act (NGA), all as more fully intervene or protest should be filed on (Commission) for a limited waiver of Northern Border’s FERC Gas Tariff, to set forth in the request which is on file or before June 4, 1999. Protests will be the extent necessary, to allow Northern with the Commission and open to considered by the Commission in Border to suspend certain Shipper public inspection. determining the appropriate action to be Deficiency or Overpayment and Utility taken but will not serve to make Applicant specifically proposes to Interest Adjustment provisions. abandon 3,219 feet of Line FM–52 in protestants parties to the proceeding. Copies of this filing are on file with Any person wishing to become a party Bossier Parish, Louisiana from station the Commission and are available for number 71+19 to station number 39+00. must file a motion to intervene. Copies public inspection in the Public Applicant further proposes to sell and of this filing are on file with the Reference Room. transfer this segment of Line at net book Commission and are available for public Any person desiring to be heard or to inspection. This filing may be viewed protest said filing should file a motion value to Reliant Energy Arkla (Arkla), a on the web at http://www.ferc.fed.us/ to intervene or a protest with the division of Reliant Energy Incorporated. online/rims.htm (call 202–208–2222 for Federal Energy Regulatory Commission, Arkla will operate this segment of Line assistance). 888 First Street, N.E., Washington, D.C. as part of its low-pressure distribution system. David P. Boergers, 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s Secretary. Applicant also proposes to relocate an Rules and Regulations. All such motions [FR Doc. 99–13360 Filed 5–25–99; 8:45 am] existing four-inch meter station from or protests must be filed in accordance station number 71+19 to station number BILLING CODE 6717±01±M with Section 154.210 of the 39+00, install a two-inch regulator, and Commission’s Regulations. Protests will 150 feet of six-inch pipe to continue 1 Order No. 497, 53 FR 22139 (June 14, 1988), be considered by the Commission in service to Arkla. Applicant’s FERC Stats. & Regs. 1986–1990 ¶ 30,820 (1988); determining the appropriate action to be construction and relocation costs are Order No. 497–A, order on rehearing, 54 FR 52781 taken, but will not serve to make (December 22, 1989), FERC Stats. & Regs. 1986– estimated to be $42,285, which will be protestants parties to the proceedings. 1990 ¶ 30,868 (1989); Order No. 497–B, order paid for by Applicant. extending sunset date, 55 FR 53291 (December 28, Any person wishing to become a party 1990), FERC Stats. & Regs. 1986–1990 ¶ 30,908 must file a motion to intervene. Copies Any person or the Commission’s staff (1990); Order No. 497–C, order extending sunset of this filing are on file with the may, within 45 days of the issuance of date, 57 FR 9 (January 2, 1992), FERC Stats. & Regs. Commission and are available for public the instant notice by the Commission, 1991–1996 ¶ 30,934 (1991) rehearing denied, 57 FR 5815 (February 18, 1992), 58 FERC ¶ 61,139 (1992); inspection in the Public Reference file pursuant to Rule 214 of the Tenneco Gas v. FERC (affirmed in part and Room. This filing may be viewed on the Commission’s Rules of Practice and remanded in part), 969 F.2d 1187 (D.C. Cir. 1992); web at http://www.ferc.fed.us/online/ Procedure (18 CFR 385.214), a motion to Order No. 497–D, order on remand and extending rims.htm (call 202–208–2222 for intervene and pursuant to Section sunset date, 57 FR 58978 (December 14, 1992), assistance). FERC Stats. & Regs. 1991–1996 ¶ 30,958 (December 157.205 of the regulations under the 4, 1992); Order No. 497–E, order on rehearing and David P. Boergers, Natural Gas Act (18 CFR 157.205), a extending sunset date, 59 FR 243 (January 4, 1994), Secretary. protest to the request. If no protest is FERC Stats. & Regs. 1991–1996 ¶ 30,987 (December [FR Doc. 99–13368 Filed 5–25–99; 8:45 am] filed within the time allowed therefor, 23, 1993); Order No. 497–F, order denying rehearing and granting clarification, 59 FR 15336 BILLING CODE 6717±01±M the proposed activities shall be deemed (April 1, 1994), 66 FERC ¶ 61,347 (March 24, 1994); to be authorized effective the day after and Order No. 497–G, order extending sunset date, the time allowed for filing a protest. If 59 FR 32884 (June 27, 1994), FERC Stats. & Regs. DEPARTMENT OF ENERGY a protest is filed and not withdrawn 30 1991–1996 ¶ 30,996 (June 17, 1994). 2 Standards of Conduct and Reporting Federal Energy Regulatory days after the time allowed for filing a Requirements for Transportation and Affiliate Commission protest, the instant request shall be Transactions, Order No. 566, 59 FR 32885 (June 27, treated as an application for 1994), FERC Stats. & Regs. 1991–1996 ¶ 30,997 [Docket No. CP99±523±000] authorization pursuant to Section 7 of (June 17, 1994); Order No. 566–A, order on the Natural Gas Act. rehearing, 59 FR 52896 (October 20, 1994), 69 FERC Reliant Energy Gas Transmission ¶ 61,044 (October 14, 1994); Order No. 566–B, order Company; Notice of Request Under David P. Boergers, on rehearing, 59 FR 65707, (December 21, 1994), 69 Secretary. FERC ¶ 61,334 (December 14, 1994). Blanket Authorization 3 [FR Doc. 99–13358 Filed 5–25–99; 8:45 am] Reporting Interstate Natural Gas Pipeline May 20, 1999. Marketing Affiliates on the Internet, Order No. 599, BILLING CODE 6717±01±M 63 FR 43075 (August 12, 1998), FERC Stats. & Regs. Take notice that on May 14, 1999, ¶ 31,064 (July 30, 1998). Reliant Energy Gas Transmission

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DEPARTMENT OF ENERGY Natural Gas Act and Rule 212 of the rims.htm (call 202–208–2222 for Commission’s Rule and Regulations to assistance). Federal Energy Regulatory substitute the name of REGT for NorAm David P. Boergers, Commission on all proceedings before the Secretary. [Docket No. GT99±30±001] Commission. It is stated that REGT’s [FR Doc. 99–13366 Filed 5–25–99; 8:45 am] four local distribution companies, BILLING CODE 6717±01±M Reliant Energy Gas Transmission formerly known as Houston Lighting & Company; Notice of Proposed Power Company, Arkla, Entex and Changes in FERC Gas Tariff Minneqasco, will now be doing business DEPARTMENT OF ENERGY under the names of Reliant Energy— May 20, 1999. HL&P, Reliant Energy—Arkla, Reliant Federal Energy Regulatory Take notice that on May 13, 1999, Energy—Entex, and Reliant Energy— Commission Reliant Energy Gas Transmission Minnegasco. Company (REGT), formerly NorAm Gas [Docket Nos. ER99±2157±000, ER99±2160± A copy of the filing is on file with the Transmission Company, tendered for 000, ER99±2161±000, ER99±2162±000, Commission and available for public ER99±2168±000, ER99±2181±000, ER99± filing as part of its FERC Gas Tariff, inspection in the Public Reference 2198±000, ER99±2287±000, ER99±2329±000] Fourth Revised Volume No. 1, the Room. The filing may be viewed on the (Not consolidated) following revised tariff sheet to be web at http://www.ferc.fed.us/online/ effective June 6, 1999: rims.htm (call 202–208–2222 for Notice of Issuance of Order Title Page assistance). May 18, 1999. REGT states that the purpose of this David P. Boergers, Rocky Road Power, LLC, Astoria Power supplemental filing is to reflect Secretary. LLC, Arthur Kill Power LLC, Huntley Power cancellation and supersession of its [FR Doc. 99–13361 Filed 5–25–99; 8:45 am] LLC, Dunkirk Power LLC, SIGCORP Energy FERC Gas Tariff, Fourth revised Volume BILLING CODE 6717±01±M Services, LLC, Otter Tail Power Company, No. 1. Black Hills Corporation, South Eastern Any person desiring to protest this Electric Development Corporation. filing should file a protest with the DEPARTMENT OF ENERGY Rocky Road Power, LLC, Astoria Federal Energy Regulatory Commission, Power LLC, Arthur Hill Power LLC, 888 First Street, N.E., Washington, D.C. Federal Energy Regulatory Huntley Power LLC, Dunkirk Power 20426, in accordance with Section Commission LLC, SIGCORP Energy Services, LLC, 385.211 of the Commission’s Rules and Otter Tail Power Company, Black Hills Regulations. All such protests must be [Docket No. RP96±200±038] Corporation, and South Eastern Electric filed as provided in Section 154.210 of Development Corporation (hereafter, the Commission’s Regulations. Protests Reliant Energy Gas Transmission ‘‘the Applicants’’) filed with the will be considered by the Commission Company; Notice of proposed Commission rate schedules in the in determining the appropriate action to Changes in FERC Gas Tariff above-captioned proceedings, be taken, but will not serve to make respectively, under which the May 20, 1999. protestants parties to the proceedings. Applicants will engage in wholesale Copies of this filing are on file with the Take notice that on May 14, 1999, electric power and energy transactions Commission and are available for public Reliant Energy Gas Transmission at market-based rates, and for certain inspection in the Public Reference Company (REGT) tendered for filing as waivers and authorizations. In Room. This filing may be viewed on the part of its FERC Gas Tariff, Fourth particular, certain of the Applicants may web at http://www.ferc.fed.us/online/ Revised Volume No. 1, the following also have requested in their respective rims.htm (call 202–208–2222 for revised tariff sheet to be effective May applications that the Commission grant assistance). 15, 1999: blanket approval under 18 CFR Part 34 David P. Boergers, Original Sheet No. 7P of all future issuances of securities and Secretary. assumptions of liabilities by the REGT states that the purpose of this Applicants. On May 12, 1999, the [FR Doc. 99–13359 Filed 5–25–99; 8:45 am] filing is to reflect the implementation of BILLING CODE 6717±01±M Commission issued an order that a new negotiated rate transaction. accepted the rate schedules for sales of Any person desiring to protest this capacity and energy at market-based DEPARTMENT OF ENERGY filing should file a protest with the rates (Order), in the above-docketed Federal Energy Regulatory Commission, proceedings. Federal Energy Regulatory 888 First Street, N.E., Washington, D.C. The Commission’s May 12, 1999, Commission 20426, in accordance with Section Order granted, for those Applicants that 385.211 of the Commission’s Rules and sought such approval, their request for [Docket No. CP99±217±000] Regulations. All such protests must be blanket approval under Part 34, subject Reliant Energy Gas Transmission filed as provided in Section 154.210 of to the conditions found in Appendix B Company; Notice of Corporate Name the Commission’s Regulations. Protests in Ordering Paragraphs (2), (3), and (5): Change will be considered by the Commission (2) Within 30 days of the date of this in determining the appropriate action to order, any person desiring to be heard May 20, 1999. be taken, but will not serve to make or to protest the Commission’s blanket Take notice that on February 12, 1999, protestants parties to the proceedings. approval of issuances of securities or Reliant Energy Gas Transmission Copies of this filing are on file with the assumptions of liabilities by the Company (REGT) tendered for filing in Commission and are available for public Applicants should file a motion to the above-captioned docket a notice inspection in the Public Reference intervene or protest with the Federal concerning a change in its corporate Room. This filing may be viewed on the Energy Regulatory Commission, 888 name and a motion pursuant to the web at http://www.ferc.fed.us/online/ First Street, NE., Washington, DC 20426,

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28460 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices in accordance with Rules 211 and 214 Trunkline states that a copy of this discounts that TLNG may agree to enter of the Commission’s Rules of Practice filing is available for public inspection into with its shippers. and Procedure, 18 CFR 385.211 and during regular business hours at TLNG states that a copy of this filing 385.214. Trunkline’s office at 5400 Westheimer is available for public inspection during (3) Absent a request to be heard Court, Houston, Texas 77056–5310. In regular business hours at TLNG’s office within the period set forth in Ordering addition, copies of this filing are being at 5400 Westheimer Court, Houston, Paragraph (2) above, if the Applicants served on all affected customers and Texas 77056–5310. In addition, copies have requested such authorization, the applicable state regulatory agencies. of this filing are being served on all Applicants are hereby authorized to Any person desiring to be heard or to affected customers and applicable state issue securities and assume obligations protest said filing should file a motion regulatory agencies. and liabilities as guarantor, indorser, to intervene or a protest with the Any person desiring to be heard or to surety or otherwise in respect of any Federal Energy Regulatory Commission, protest said filing should file a motion security of another person; provided 888 First Street, NE., Washington, DC to intervene or a protest with the that such issue or assumption is for 20426, in accordance with sections Federal Energy Regulatory Commission, some lawful object within the corporate 385.214 or 385.211 of the Commission’s 888 First Street, N.E., Washington, D.C. purposes of the Applicants, compatible Rules and Regulations. All such motions 20426, in accordance with Sections with the public interest, and reasonably or protests must be filed in accordance 385.214 or 385.211 of the Commission’s necessary or appropriate for such with Section 154.210 of the Rules and Regulations. All such motions purposes. Commission’s Regulations. Protests will or protests must be filed in accordance (5) The Commission reserves the right be considered by the Commission in with Section 154.210 of the to modify this order to require a further determining the appropriate action to be Commission’s Regulations. Protests will showing that neither public nor private taken, but will not serve to make be considered by the Commission in interests will be adversely affected by protestants parties to the proceedings. determining the appropriate action to be continued Commission approval of the Any person wishing to become a party taken, but will not serve to make Applicants’ issuances of securities or must file a motion to intervene. Copies protestants parties to the proceedings. assumptions of liabilities. * ** of this filing are on file with the Any person wishing to become a party Notice is hereby given that the Commission and are available for public must file a motion to intervene. Copies deadline for filing motions to intervene inspection in the Public Reference of this filing are on file with the or protest, as set forth above, is June 12, Room. This filing may be viewed on the Commission and are available for public 1999. web at http://www.ferc.fed.us/online/ inspection in the Public Reference Copies of the full text of the Order are rims.htm (call 202–208–2222 for Room. This filing may be viewed on the available from the Commission’s Public assistance). web at http://www.ferc.fed.us/online/ Reference Branch, 888 First Street, NE., David P. Boergers, rims.htm (call 202–208–2222 for Washington, DC 20426. Secretary. assistance). David P. Boergers, [FR Doc. 99–13369 Filed 5–25–99; 8:45 am] David P. Boergers, Secretary. BILLING CODE 6717±01±M Secretary. [FR Doc. 99–13372 Filed 5–25–99; 8:45 am] [FR Doc. 99–13370 Filed 5–25–99; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Federal Energy Regulatory Federal Energy Regulatory Commission [Docket No. RP99±307±000] Commission [Docket No. EG99±143±000, et al.] [Docket No. RP99±306±000] Trunkline LNG Company; Notice of Proposed Changes in FERC Gas Tariff Front Range Energy Associates, Trunkline Gas Company; Notice of L.L.C., et al. Electric Rate and Proposed Changes in FERC Gas Tariff May 20, 1999. Take notice that on May 14, 1999, Corporate Regulation Filings May 20, 1999. Trunkline LNG Company (TLNG) May 18, 1999. Take notice that on May 14, 1999, tendered for filing as part of its FERC Take notice that the following filings Trunkline Gas Company (Trunkline) Gas Tariff, Original Volume No. 1–A, have been made with the Commission: tendered for filing as part of its FERC the following tariff sheets to be effective Gas Tariff, First Revised Volume No. 1, June 14, 1999: 1. Front Range Energy Associates, the following tariff sheets to be effective L.L.C. First Revised Sheet No. 151 June 14, 1999: Original Sheet No. 151A [Docket No. EG99–143–000] First Revised Sheet No. 331M First Revised Sheet No. 156 Take notice that on May 7, 1999, Original Sheet No. 331M.01 Original Sheet No. 156A Front Range Energy Associates, L.L.C., Trunkline states that the purpose of TLNG states that the purpose of this 1225 17th Street, Suite 600, Denver, this filing, made in accordance with the filing, made in accordance with the Colorado 80202, filed with the Federal provisions of section 154.204 of the provisions of Section 154.204 of the Energy Regulatory Commission an Commission’s Regulations, is to modify Commission’s Regulations, is to modify application for determination of exempt Trunkline’s pro forma service agreement TLNG’s pro forma service agreements wholesale generator status pursuant to for Flexible Field Zone Rate Schedule for Firm Terminal Service under Rate part 365 of the Commission’s FFZ to provide for specific types of Schedules FTS and Interruptible Regulations. discounts that Trunkline may agree to Terminal Service under Rate Schedule Front Range is a Delaware limited enter into with its shippers. ITS to provide for specific types of liability company owned by Quixx

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Mountain Holdings, L.L.C., a Delaware 4. Statoil Energy Trading, Inc.; Statoil 7. Hinson Power Company; British limited liability company, and FR Energy Trading, Inc.; El Paso Power Columbia Power Exchange Corporation; Holdings, L.L.C., a Colorado limited Services Company, Duke/Louis Dreyfus, Fortistar Power Marketing LLC; liability company. Front Range will L.L.C.; NP Energy, Inc.; and Duke Cogentrix Energy Power Marketing, initially own and operate a natural gas- Energy Trading and Marketing, L.L.C. Inc.; Pacific Energy & Development fired simple cycle electric energy Corporation; and Strategic Power [Docket Nos. ER94–964–022, ER97–4381– Management, Inc. generation facility located on a site in 002, ER95–428–018, ER96–108–017, ER97– Fort Lupton, Colorado, having a net 1315–010, and ER96–2921–014] [Docket Nos. ER95–1314–016, ER97–4024– design power output of approximately 008, ER98–3393–002, ER95–1739–015, 164 MW. Take notice that on May 3, 1999 the ER98–1824–005, and ER96–2591–011] above-mentioned power marketers filed Comment date: June 8, 1999, in Take notice that on May 6, 1999, the quarterly reports with the Commission above-mentioned power marketers filed accordance with Standard Paragraph E in the above-mentioned proceedings for at the end of this notice. The quarterly reports with the Commission information only. These filings are in the above-mentioned proceedings for Commission will limit its consideration available for public inspection and information only. These filings are of comments to those that concern the copying in the Public Reference Room available for public inspection and adequacy or accuracy of the application. or on the web at www.ferc.fed.us/ copying in the Public Reference Room 2. Fibertek Energy, LLC online/rims.htm for viewing and or on the web at www.ferc.fed.us/ downloading (call 202–208–2222 for online/rims.htm for viewing and [Docket No. EG99–148–000] assistance). downloading (call 202–208–2222 for Take notice that on May 14, 1999, assistance). 5. PS Energy Group, Inc.; Alliance Fibertek Energy, LLC (Applicant), with Strategies; Cinergy Capital & Trading, 8. TransAlta Energy Marketing Corp.; its principal office at 56 Industrial Inc.; DTE-Coenergy L.L.C.; EnerZ TransAlta Energy Marketing (U.S.) Inc.; Drive, Syracuse, New York 13204, filed Corporation; Enerserve, L.C.; CinCap and Strategic Energy Ltd. with the Federal Energy Regulatory IV, LLC; The Montana Power Trading Commission an application for [Docket Nos. ER96–1316–012, ER98–3184– and Marketing Company; Amerada 003, and ER96–3107–010] determination of exempt wholesale Hess Corporation; Enova Energy, Inc.; generator status pursuant to section 32 Take notice that on May 13, 1999, the Mid-American Power LLC; CinCap V, above-mentioned power marketers filed of the Public Utility Holding Company LLC; and River City Energy, Inc. quarterly reports with the Commission Act of 1935 and part 365 of the in the above-mentioned proceedings for [Docket Nos. ER95–266–017, ER95–1381– Commission’s regulations. information only. These filings are Applicant states that it is and will be 012, ER93–730–012, ER97–3835–006, ER96– 3064–012, ER96–182–014, ER98–421–006, available for public inspection and engaged in owning and operating the ER97–399–010, ER97–2153–008, ER96– copying in the Public Reference Room Fibertek Energy, LLC project consisting 2372–015, ER96–1858–012, ER98–4055–003, or on the web at www.ferc.fed.us/ of an electric generation facility located and ER99–823–001] online/rims.htm for viewing and in the Village of Solvay, New York, (the downloading (call 202–208–2222 for Eligible Facility), with a maximum net Take notice that on May 4, 1999, the assistance). above-mentioned power marketers filed generating capacity of approximately 80 9. Thicksten Grimm Burgum, and megawatts, and related transmission quarterly reports with the Commission in the above-mentioned proceedings for Monterey Consulting Associates, and interconnection facilities. Electric Incorporated energy produced by the Eligible Facility information only. These filings are is sold exclusively at wholesale. available for public inspection and [Docket Nos. ER96–2241–010 and ER96– copying in the Public Reference Room 2143–009] Comment date: May 5, 1999, in or on the web at www.ferc.fed.us/ Take notice that on May 4, 1999, the accordance with Standard Paragraph E online/rims.htm for viewing and above-mentioned power marketers filed at the end of this notice. The downloading (call 202–208–2222 for quarterly reports with the Commission Commission will limit its consideration assistance). in the above-mentioned proceedings for of comments to those that concern the information only. These filings are adequacy or accuracy of the application. 6. IEP Power Marketing, LLC; Energy available for public inspection and Resource Marketing Inc.; andWPS 3. Barton Villages, Inc., Village of copying in the Public Reference Room Enosburg Falls Water & Light Energy Services, Inc. or on the web at www.ferc.fed.us/ Department, Village of Orleans, and [Docket Nos. ER95–802–016, ER94–1580– online/rims.htm for viewing and Village of Swanton, Vermont v. Citizens 018, and ER96–1088–024] downloading (call 202–208–2222 for assistance). Utilities Company Take notice that on May 10, 1999, the [Docket No. EL92–33–006] above-mentioned power marketers filed 10. Tri-Valley Corporation; Alternate quarterly reports with the Commission Power Source, Inc.; and Cinergy Take notice that on May 5, 1999, in the above-mentioned proceedings for Services, Incorporated; GDK Citizens Utilities Company (Citizens) information only. These filings are [Docket Nos. ER97–3428–006, ER96–1145– tendered for filing in compliance with available for public inspection and 010, ER99–2076–001, and ER96–1735–011] the Commission’s April 5, 1999 order in copying in the Public Reference Room Take notice that on May 14, 1999, the the above-referenced proceeding, or on the web at www.ferc.fed.us/ above-mentioned power marketers filed previously unfiled pre-1983 agreements online/rims.htm for viewing and quarterly reports with the Commission subject to the Villages’ complaint. downloading (call 202–208–2222 for in the above-mentioned proceedings for Comment date: June 4, 1999, in assistance). information only. These filings are accordance with Standard Paragraph E available for public inspection and at the end of this notice. copying in the Public Reference Room

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28462 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices or on the web at www.ferc.fed.us/ Comment date: June 7, 1999, in (FERC Electric Tariff, Original Volume online/rims.htm for viewing and accordance with Standard Paragraph E No. 2). Two new service schedules D downloading (call 202–208–2222 for at the end of this notice. and E are being proposed in response to assistance). the industry efforts to develop and 14. The Cincinnati Gas & Electric implement regional congestion 11. First Power, L.L.C.; Southwestern Company and PSI Energy, Inc. and management programs. Power Marketers Incorporated; GPU Great Bay Power Corporation Wisconsin Electric respectfully Advanced Resources, Inc.; GPU [Docket Nos. ER99–2828–000 and ER99– requests an effective date June 1, 1999. Advanced Resources, Inc.; NUI Corp.- 2829–000] Wisconsin Electric requests waiver of NUI Energy Brokers, Inc.; Horizon Take notice that on May 4, 1999, the the Commission’s advance notice Energy Company; and Cargill-Alliant, above-mentioned affiliated power requirements. LLC producers and/or public utilities filed Copies of the filing have been served [Docket Nos. ER97–3580–007, ER97–2529– their quarterly reports for the quarter on all current customers under the 004, ER97–3666–008, ER97–3666–009, ending March 31, 1999. Coordination Sales Tariff, the Michigan ER96–2580–011, ER98–380–008, and ER97– Comment date: June 7, 1999, in Public Service Commission, and the 4273–007] accordance with Standard Paragraph E Public Service Commission of Take notice that on May 7, 1999, the at the end of this notice. Wisconsin. above-mentioned power marketers filed Comment date: May 28, 1999, in 15. Long Beach Generation LLC; El quarterly reports with the Commission accordance with Standard Paragraph E Segundo Power, LLC; and Golden in the above-mentioned proceedings for at the end of this notice. information only. These filings are Spread Electric Cooperative, Inc. 18. West Texas Utilities Company available for public inspection and [Docket Nos. ER99–2880–000, ER99–2881– copying in the Public Reference Room 000, and ER99–2882–000] [Docket No. ER97–326–000] or on the web at www.ferc.fed.us/ Take notice that on May 7, 1999, the Take notice that on May 11, 1999, online/rims.htm for viewing and above-mentioned affiliated power West Texas Utilities Company (WTU), downloading (call 202–208–2222 for producers and/or public utilities filed tendered for filing in the above- assistance). their quarterly reports for the quarter referenced docket revisions to the Power 12. CL Power Sales Fifteen, L.L.C. and ending March 31, 1999. Supply Agreement between WTU and CL Power Sales fifteen, L.L.C. Comment date: June 7, 1999, in the City of Weatherford, Texas. accordance with Standard Paragraph E Comment date: May 28, 1999, in [Docket Nos. ER99–890–001 and ER99–892– at the end of this notice. accordance with Standard Paragraph E 001] at the end of this notice. 16. California Power Exchange Take notice that on April 30, 1999 the Corporation above-mentioned power marketers filed 19. Southern California Edison quarterly reports with the Commission [Docket No. ER99–1262–000] Company in the above-mentioned proceedings for Take notice that on May 7, 1999 in [Docket No. ER99–2847–000] information only. These filings are Docket No. ER99–1262–000, the Take notice that on May 5, 1999, available for public inspection and Commission authorized the California Southern California Edison Company, copying in the Public Reference Room Power Exchange Corporation to conduct tendered for filing notice that effective or on the web at www.ferc.fed.us/ an experimental deviation from the April 1, 1998, according to the terms of online/rims.htm for viewing and Hour-Ahead timeline contained in the the Settlement and Termination downloading (call 202–208–2222 for PX’s FERC-authorized tariff in order to Agreement between Southern California assistance). test the efficiency benefits of a Day-of Edison Company and Sacramento 13. Entergy Services, Inc.; USGen New market timeline until April 17, 1999, to Municipal Utility District, FERC Rate England, Inc.; and Pittsfield Generating be followed by a one-month evaluation Schedule Nos. 238 and 335 effective Company, L.P. period. On May 7, 1999, the PX filed in August 2, 1989, and October 1, 1994, the above docket to request an extension respectively, and filed with the Federal [Docket Nos. ER99–2772–000, ER99–2787– of the experimental program until Energy Regulatory Commission by 000, and ER99–2788–000] November 17, 1999. The PX requires Southern California Edison Company Take notice that on May 3, 1999, the more data, particularly during the peak are to be canceled. above-mentioned affiliated power summer period, to properly evaluate the Copies of the proposed cancellation producers and/or public utilities filed experiment. have been served upon the Sacramento their quarterly reports for the quarter The PX states that it has served copies Municipal Utility District and the Public ending March 31, 1999. of its filing on the PX Participants and Utilities Commission of the State of Comment date: June 7, 1999, in on the California Public Utilities California. accordance with Standard Paragraph E Commission. The filing also has been Comment date: May 25, 1999, in at the end of this notice. posted on the PX website at http:// accordance with Standard Paragraph E www.calpx.com. at the end of this notice. 14. Mobile Energy Services Company, Comment date: May 27, 1999, in L.L.C.; and Niagara Mohawk Power 20. Full Power Corporation accordance with Standard Paragraph E Corporation at the end of this notice. [Docket No. ER99–2540–000] [Docket Nos. ER99–2827–000 and ER99– 17. Wisconsin Electric Power Company Take notice that on May 4, 1999, Full 2836–000] Power Corporation tendered for filing, Take notice that on May 5, 1999, the [Docket No. ER99–2900–000] pursuant to Rule 207 of the above-mentioned affiliated power Take notice that on May 11, 1999, Commission’s Rules of Practice and producers and/or public utilities filed Wisconsin Electric Power Company Procedure, 18 CFR 385. 207, their quarterly reports for the quarter (Wisconsin Electric), tendered for filing Amendment No. 1 to its pending ending March 31, 1999. revisions to its Coordination Sales Tariff proposed FERC Electric Rate Schedule

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No. 1, waiver of certain of the 23. Peco Energy Company 26. Northern Indiana Public Service Commission’s regulations under the [Docket No. ER99–2897–000] Company Federal Power Act (FPA), and grant of [Docket No. ER99–2894–000] certain blanket approvals, all as more Take notice that on May 11, 1999, particularly described in the PECO Energy Company (PECO), Take notice that on May 12, 1999, Amendment to its pending Application tendered for filing under Section 205 of Northern Indiana Public Service for waivers and blanket approvals under the Federal Power Act, 16 U.S.C. S 792 Company tendered for filing an various regulations of the Commission, et seq., an Agreement dated January 9, executed Standard Transmission 1997 with Jersey Central Power & Light and an order accepting its Rate Service Agreement for Non-Firm Point- Company (JCP&L), doing business as Schedule No. 1, to be effective June 15, to-Point Transmission Service between GPU Energy under PECO’s FERC 1999, or the date that the Commission Northern Indiana Public Service issues an order in this proceeding, Electric Tariff Original Volume No. 1 (Tariff). Company and Enserch Energy Services, whichever is earlier. Alliance intends to Inc., (Enserch). engage in electric energy and capacity PECO requests an effective date of transactions as a marketer. June 1, 1999, for the Agreement. Under the Transmission Service Comment date: May 24, 1999, in PECO states that copies of this filing Agreement, Northern Indiana Public accordance with Standard Paragraph E have been supplied to JCP&L and to the Service Company will provide Point-to- at the end of this notice. Pennsylvania Public Utility Point Transmission Service to Enserch pursuant to the Transmission Service 21. PJM Interconnection, L.L.C. Commission. Comment date: May 28, 1999, in Tariff filed by Northern Indiana Public [Docket No. ER99–2893–000] accordance with Standard Paragraph E Service Company in Docket No. OA96– Take notice that on May 11, 1999, at the end of this notice. 47–000 and allowed to become effective PJM Interconnection, L.L.C. (PJM), by the Commission. 24. PECO Energy Company tendered for filing an amendments to Northern Indiana Public Service Schedule 11 (PJM Capacity Credit [Docket No. ER99–2898–000] Company has requested that the Service Markets) of the Amended and Restated Taken notice that on May 11, 1999, Agreement be allowed to become Operating Agreement of PJM PECO Energy Company (PECO), effective as of May 28, 1999. Interconnection, L.L.C. and on behalf of tendered for filing under Section 205 of the PJM Reliability Committee, Copies of this filing have been sent to the Federal Power Act, 16 U.S.C. 792 et the Indiana Utility Regulatory amendments to the Reliability seq., a Transaction Agreement dated Assurance Agreement Among Load Commission and the Indiana Office of June 2, 1997 with Fox Islands Electric Utility Consumer Counselor. Serving Entities In The PJM Control Cooperative, Inc. (FIEC) under PECO’s Area. FERC Electric Tariff Original Volume Comment date: June 1, 1999, in PJM requests a waiver of the No. 1, (Tariff). accordance with Standard Paragraph E Commission’s notice requirements and PECO requests an effective date of at the end of this notice. an effective date of June 1, 1999, for the June 1, 1999, for the Agreement. amendments to both agreements. Standard Paragraphs PECO states that copies of this filing Copies of this filing were served upon E. Any person desiring to be heard or all PJM Members and the electric have been supplied to FIEC and to the to protest such filing should file a regulatory commissions in the PJM Pennsylvania Public Utility motion to intervene or protest with Control Area. Commission. Federal Regulatory Commission, 888 Comment date: May 28, 1999, in Comment date: May 28, 1999, in First Street, N.E., Washington, D.C. accordance with Standard Paragraph E accordance with Standard Paragraph E 20426, in accordance with rules 211 and at the end of this notice. at the end of this notice. 214 of the Commission’s Rules of 22. Amoco Energy Trading Corporation 25. New Century Services, Inc. Practice and Procedure (18 CFR 385.211 [Docket No. ER99–2895–000] [Docket No. ER99–2899–000] and 385.214). All such motions or protests should be filed on or before the Take notice that on May 11, 1999, Take notice that on May 11, 1999, comment date. Protests will be Amoco Energy Trading Corporation New Century Services, Inc., on behalf of (AETC), petitioned the Federal Energy Cheyenne Light, Fuel and Power considered by the Commission in Regulatory Commission to grant certain Company, Public Service Company of determining the appropriate action to be blanket authorizations, to waive certain Colorado, and Southwestern Public taken, but will not serve to make of the Commission’s Regulations and to Service Company (collectively protestants parties to the proceeding. issue an order accepting AETC’s FERC Companies), tendered for filing a Any person wishing to become a party Electric Rate Schedule No. 1. Service Agreement under their Joint must file a motion to intervene. Copies AETC intends to engage in power Open Access Transmission Service of these filings are on file with the marketing transactions, purchasing and Tariff for Non-Firm Point-to-Point Commission and are available for public reselling electricity at wholesale. AETC Transmission Service between the inspection. This filing may also be does not own or control electric Companies and Colorado River Storage viewed on the Internet at http:// generating or transmission facilities or Project (CSC of WAPA). www.ferc.fed.us/online/rims.htm (call have any franchised electric service The Companies request that the 202–208–2222 for assistance). territories. AETC is a wholly-owned Agreement be made effective on April David P. Boergers, 19, 1999. subsidiary of BP Amoco p.l.c. Secretary. Comment date: May 28, 1999, in Comment date: May 28, 1999, in [FR Doc. 99–13265 Filed 5–25–99; 8:45 am] accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. BILLING CODE 6717±01±P

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DEPARTMENT OF ENERGY By letter dated February 9, 1998, Mr. above-mentioned address. A copy of any Pariseau informed the licensee that: (1) motion to intervene must also be served Federal Energy Regulatory all the intakes at Site A and Site C are upon each representative of the Commission screened with one-eighth-inch, stainless Applicant specified in the particular steel sheet metal; (2) all screen areas application. Notice of Amendments of License and there exceed the state’s required unit Agency Comments—Federal, state, Soliciting Comments, Motions To screen area per unit water volume; and and local agencies are invited to file Intervene, and Protests (3) all cross-screen water velocities are comments on the described application. May 20, 1999. below those promulgated by the A copy of the application may be Take notice that the following Washington State Department of obtained by agencies directly from the applications have been filed: with the Wildlife. Applicant. If an agency does not file Commission and are available for public Further, the licensee, on October 16, comments within the time specified for inspection. 1998, filed an application for Project No. filing comments, it will be presumed to a. Type of Applications: Amendments 2149–075, requesting the Commission’s have no comments. One copy of an of license to permit the continuing authorization to allow four other agency’s comments must also be sent to operation of a total of six existing water existing pump stations (Crane Orchards, the Applicant’s representatives. intakes and associated facilities on Custom Orchards, RIF Development, David P. Boergers, project lands, each of which is capable and Fugachee-Wang) at the Wells Secretary. Project to continue to withdraw water of withdrawing in excess of 1.0 million [FR Doc. 99–13362 Filed 5–25–99; 8:45 am] gallons per day from the project for orchard irrigation. l. Locations of the application: copies BILLING CODE 6717±01±M reservoir for irrigation. b. Project Nos: 2149–068 and 2149– of the applications are available for inspection and reproduction at the 075 DEPARTMENT OF ENERGY c. Dates Filed: January 26, 1998 and Commission’s Public Reference Room, October 16, 1998 located at 888 First Street, N.E., Room Federal Energy Regulatory d. Applicant: Public Utility District 2A, Washington, DC 20426, or by calling Commission no. 1 of Douglas County, Washington. (202) 208–1371. The applications also e. Name of Project: Wells may be viewed on the Web at http// Notice of Surrender of Exemption and f. Location: Okanogan County, www.ferc.fed.us/online/rims.htm (call Soliciting Comments, Motions To Washington. The water withdrawal sites (202) 208–2222 for assistance). Copies of Intervene, and Protests do not occupy federal or tribal lands. the application also are available for g. Filed Pursuant to: Federal Power inspection and reproduction at the May 20, 1999. Act, 16 U.S.C. 791(a) to 825(r) address in item h above. Take notice that the following h. Applicant Contact: Mr. Gordon m. Individuals desiring to be included application has been filed with the Brett, Property Supervisor, Public on the Commission’s mailing list for Commission and is available for public Utility District No. 1 of Douglas County, either or both of the proposed actions inspection: 1151 Valley Mall Parkway, East should so indicate by writing to the a. Application Type: Surrender of Wenatchee, WA 98802–4497 (509) 884– Secretary of the Commission. Exemption. 7191 Comments, Protests, or Motions to b. Project No: 4737–005. i. FERC Contact: Any questions on Intervene—Anyone may submit c. Date Filed: May 7, 1999. this notice should be addressed to Jim comments, a protest, or a motion to d. Applicant: Morgan J. Langan. Haimes at (202) 219–2780, or e-mail intervene in accordance with the e. Name of Project: Trinity Alps. address: [email protected]. requirements of Rules of Practice and f. Location: On Trinity Alps Creek in j. Deadline for filing comments and or Procedure, 18 CFR 385.210, .211 and Trinity County, California. The project motions: July 6, 1999 .214. In determining the appropriate occupies federal lands within the All documents (original and eight action to take, the Commission will Shasta-Trinity National Forests. copies) should be filed with: David P. consider all protests or other comments g. Filed Pursuant to: Federal Power Boergers, Secretary, Federal Energy filed, but only those who file a motion Act, 16 U.S.C. § 791(a)–825(r). Regulatory Commission, 888 First to intervene in accordance with the h. Applicant Contact: Mr. Morgan J. Street, NE, Washington, DC 20426. Commission’s Rules may become a Langan, 1750 Trinity Alps Road, Trinity Please include the project number (P– party to the proceeding. Any comments, Center, CA 96091 (530) 286–2205 2149–068 or P–2149–075) on any protests, or motions to intervene must i. FERC Contact: Any questions on comments or motions filed. be received on or before the specified this notice should be addressed to James k. Description of Proposal: The comment date for the particular Hunter at (202) 219–2839, or e-mail licensee, by letter filed on February 25, application. address: [email protected]. 1999, notified the Commission that it is Filing and Service of Responsive j. Deadline for filing comments and or amending the previously filed Documents—Any filings must bear in motions: June 28, 1999 application for Project No. 2149–068. all capital letters the title All documents (original and eight The revised application requests ‘‘COMMENTS’’, copies) should be filed with: David P. Commission authorization for the ‘‘RECOMMENDATIONS FOR TERMS Boergers, Secretary, Federal Energy continuing operation of the following AND CONDITIONS’’, ‘‘PROTEST’’, or Regulatory Commission, 888 First two existing water intakes at the Wells ‘‘MOTION TO INTERVENE’’, as Street, NE, Washington DC 20426. Project, each of which is owned and applicable, and the Project Number of Please include the project number (P– operated by Mr. Dan Pariseau: Site A, the particular application to which the 4737–005) on any comments or motions constructed in 1990, which irrigates filing refers. Any of the above-named filed. approximately 120 acres of apple and documents must be filed by providing k. Description of Project: The project cherry orchards; and Site C, also the original and the number of copies consists of: (1) a nonfunctional constructed in 1990, which irrigates provided by the Commission’s diversion structure on Trinity Alps about 230 acres of apple orchards. regulations to: The Secretary at the Creek; (2) a 1,400-foot-long, unlined

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Further, if an intervenor Trinity Alps Creek; (3) a 6-foot-high, 28- application. files comments or documents with the foot-long, rock diversion structure on Agency Comments—Federal, state, Commission relating to the merits of an East Branch Trinity Alps Creek; (4) an and local agencies are invited to file issue that may affect the responsibilities unlined ditch and intake structure; (5) a comments on the described application. of a particular resource agency, they 3,000-foot-long penstock varying in A copy of the application may be must also serve a copy of the document diameter from 1 to 2 feet; (6) a obtained by agencies directly from the on that resource agency. powerhouse containing a generating Applicant. If an agency does not file k. The project would consist of unit rated at 60 kilowatts; (7) a tailrace comments within the time specified for following proposed facilities: (1) A 575- pipe returning flows to Stuart Fork filing comments, it will be presumed to foot-long, 48-foot-high rockfill dam; (2) Trinity River; (8) a 990-foot-long, 12 have no comments. One copy of an an impoundment with a surface area of kilovolt transmission line, and (9) agency’s comments must also be sent to 160 acres, having a storage capacity of appurtenant facilities. the Applicant’s representatives. 4,700 acre-feet and a normal water The exemptee requests surrender of David P. Boergers, surface elevation of 2,312 feet msl; (3) the exemption from licensing, citing Secretary. an intake structure; (4) a 6,188-foot-long, difficulties in obtaining the land and 30-inch-diameter steel penstock; (5) a [FR Doc. 99–13363 Filed 5–25–99; 8:45 am] water rights needed to operate the powerhouse containing one generating project. BILLING CODE 6717±01±M unit with an installed capacity of 6,200- l. Locations of the application: A copy kW; (6) a tailrace; (7) a 14-mile-long, of the application is available for DEPARTMENT OF ENERGY 34.5 kV transmission line; and (8) inspection and reproduction at the appurtenant facilities. Commission’s Public Reference Room Federal Energy Regulatory The project would have an annual located at 888 First Street, NE, Room Commission generation of 24,000 MWh and project 2A, Washington, D.C. 20426, or by power would be sold to a local utility. calling (202) 208–1371. The application Notice of Application Accepted for l. A copy of the application is may be viewed on the web at http// Filing and Soliciting Motions To available for inspection and www.ferc.fed.us/online/rims.htm (call Intervene and Protests and Comments reproduction at the Commission’s (202) 208–2222 for assistance). A copy Public Reference Room, located at 888 is also available for inspection and May 20, 1999. First Street, NE, Room 2A, Washington, reproduction at the addresses in item h Take notice that the following D.C. 20426, or by calling (202) 208– above. hydroelectric application has been filed 1371. The application may be viewed on m. Individuals desiring to be included with the Commission and is available the web at http://www.ferc.fed.us/ on the Commission’s mailing list should for public inspection: rims.htm. Call (202) 208–2222 for so indicate by writing to the Secretary a. Type of Application: Preliminary assistance. A copy is also available for of the Commission. Permit. inspection and reproduction at the Comments, Protests, or Motions to b. Project No.: 11715–000. address in item h above. Intervene—Anyone may submit c. Date Filed: April 1, 1999. Preliminary Permit—Anyone desiring comments, a protest, or a motion to d. Applicant: Alaska Power & to file a competing application for intervene in accordance with the Telephone Company. preliminary permit for a proposed requirements of Rules of Practice and e. Name of Project: Connelly Lake project must submit the competing Procedure, 18 CFR 385.210, .211 and Project. application itself, or a notice of intent to .214. In determining the appropriate f. Location: On Connelly Lake, Haines file such an application, to the action to take, the Commission will Borough, Alaska. About 61.6 acres of Commission on or because the specified consider all protests or other comments federal land under the jurisdiction of comment date for the particular filed, but only those who file a motion the Bureau of Land Management will be application (see 18 CFR 4.36). to intervene in accordance with the used for the transmission line. Submission of a timely notice of intent Commission’s Rules may become a g. Filed Pursuant to: Federal Power allows an interested person to file the party to the proceeding. Any comments, Act, 16 U.S.C., § 791(a)–825(r). competing preliminary permit protests, or motions to intervene must h. Applicant Contact: Mr. Robert S. application no later 30 days after the be received on or before the specified Grimm, Alaska Power & Telephone specified comment date for the comment date for the particular Company, 191 Otto Street, P.O. Box particular application. A competing application. 3222, Port Townsend, WA 98368, Phone preliminary permit application must Filing and Service of Responsive No. (360) 385–1733 ext. 3120. conform with 18 CFR 4.32(a) and (b)(1). Documents—Any filings must bear in i. FERC Contact: Robert Bell, Preliminary Permit—Any qualified all capital letters the title [email protected], 202–219–2806. development applicant desiring to file a ‘‘COMMENTS’’, j. Deadline for filing motions to competing development application ‘‘RECOMMENDATIONS FOR TERMS intervene, protests and comments: 60 must submit to the Commission, on or AND CONDITIONS’’, ‘‘PROTESTS’’, or days from the issuance date of this before a specified comment date for the ‘‘MOTION TO INTERVENE’’, as notice. particular application, either a applicable, and the Project Number of All documents (original and eight competing development application or a the particular application to which the copies) should be filed with: David P. notice of intent to file such an filing refers. Any of the above-named Boergers, Secretary, Federal Energy application (see 18 CFR 4.36). documents must be filed by providing Regulatory Commission 888 First Street, Submission of a timely notice of intent the original and the number of copies NE, Washington, DC 20426. to file a development application allows provided by the Commission’s The Commission’s rules of practice an interested person to file the regulations to: The Secretary at the and procedure require all intervenors competing application no later than 120 above-mentioned address. A copy of any filing documents with the Commission days after the specified comment date motion to intervene must also be served to serve a copy of that document on for the particular application. A upon each representative of the each person on the official service list competing license application must

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One copy of an foot-long, 96-inch-diameter steel submit, if such an application may be agency’s comments must also be sent to penstocks; (3) a proposed powerhouse filed, either a preliminary permit the Applicant’s representatives. with four generating units having a total application for a development David P. Boergers, installed capacity of 13 MW; (4) a application (specify which type of Secretary. proposed tailrace; (5) a proposed 600- application). A notice of intent must be foot-long, 14.7 kV transmission line; and [FR Doc. 99–13364 Filed 5–25–99; 8:45 am] served on the applicant(s) named in this (6) appurtenant facilities. public notice. BILLING CODE 6717±01±M The project would have an annual Proposed Scope of Studies under generation of 80,000 MWh and project Permit—A preliminary permit, if issued, power would be sold to a local utility. DEPARTMENT OF ENERGY does not authorize construction. The 1. A copy of the application is term of the proposed preliminary permit Federal Energy Regulatory available for inspection and would be 36 months. The work Commission reproduction at the Commission’s proposed under the preliminary permit Public Reference Room, located at 888 would include economic analysis, Notice of Application Accepted for First Street, NE, Room 2A, Washington, preparation of preliminary engineering Filing and Soliciting Motions To D.C. 20426, or by calling (202) 208– plans, and a study of environmental Intervene and Protests and Comments 1371. The application may be viewed on impacts. Based on the results of these the web at http://www.ferc.fed.us/ studies, the Applicant would decide May 20, 1999. rims.htm. Call (202)208–2222 for whether to proceed with the preparation Take notice that the following assistance. A copy is also available for of a development application to hydroelectric application has been filed inspection and reproduction at the construct and operate the project. with the Commission and is available address in item h above. Comments, Protests, or Motions to for public inspection: Preliminary Permit—Anyone desiring Intervene—Anyone may submit a. Type of Application: Preliminary to file a competing application for comments, a protest, or a motion to Permit. preliminary permit for a proposed intervene in accordance with the b. Project No.: 11726–000. project must submit the competing requirements of Rules of Practice and c. Date filed: April 14, 1999. application itself, or a notice of intent to Procedure, 18 CFR 385.210, .211 and d. Applicant: Universal Electric file such an application, to the .214. In determining the appropriate Power Corp. Commission on or before the specified action to take, the Commission will e. Name of Project: Buchanan Dam comment date for the particular consider all protests or other comments Project. application (see 18 CFR 4.36). filed, but only those who file a motion f. Location: On the Chowchill River, Submission of a timely notice of intent to intervene in accordance with the Madera County, California. Would use allows an interested person to file the Commission’s Rules may become a the existing U.S. Army Corps of competing preliminary permit party to the proceeding. Any comments, Engineer’s Buchanan Dam. application no later than 30 days after protests, or motions to intervene must g. Filed Pursuant to: Federal Power the specified comment date for the be received on or before the specified Act, 16 U.S.C., § 791(a)–825(r). particular application. A competing comment date for the particular h. Applicant Contact: Mr. Ronald S. preliminary permit application must application. Feltenberger, Universal Electric Power conform with 18 CFR 4.32(a) and (b)(1). Filing and Service of Responsive Corp., 1145 Highbrook Street, Akron, Preliminary Permit—Any qualified Documents—Any filings must bear in OH 44301, Phone No. (360) 385–1733 development application desiring to file all capital letters the title ext. 3120. a competing development application ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT i. FERC Contact: Robert Bell, must submit to the Commission, on or TO FILE COMPETING APPLICATION’’, [email protected], 202–219–2806. before a specified comment date for the ‘‘COMPETING APPLICATION’’, j. Deadline for filing motions to particular application, either a ‘‘PROTEST’’, ‘‘MOTION TO intervene, protests and comments: 60 competing development application or a INTERVENE’’, as applicable and the days from the issuance date of this notice of intent to file such an Project Number of the particular notice. application (see 18 CFR 4.36). application to which the filing refers. All documents (original and eight Submission of a timely notice of intent Any of the above-named documents copies) should be filed with: David P. to file a development application allows must be filed by providing the original Boergers, Secretary, Federal Energy an interested person to file the and the number of copies provided by Regulatory Commission, 888 First competing application no later than 120 the Commission’s regulations to: The Street, NE., Washington, DC 20426. days after the specified comment date Secretary and an additional copy must The Commission’s rules of practice of for the particular application. A be sent to Director, Division of Project procedure require all intervenors filing competing license application must Review, at the above-mentioned documents with the Commission to conform with 18 CFR 4.32(a), (b), and address. A copy of any notice of intent, serve a copy of that document on each (c). competing application or motion to person on the official service list for the Notice of intent—A notice of intent intervene must also be served upon each project. Further, if an intervenor files must specify the exact name, business representative of the Applicant comments or documents with the address, and telephone number of the specified in the particular application. Commission relating to the merits of an prospective application, and must Agency Comments—Federal, state, issue that may affect the responsibilities include an unequivocal statement of and local agencies are invited to file of a particular resource agency, they intent to submit, if such an application

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APPENDIX RM96±1±012, ET AL.

Company name Docket No.

ANR Pipeline Company ...... RP98±285±002 Caprock Pipeline Company ...... RP98±303±002 Colorado Interstate Gas Company ...... RP98±251±005 Columbia Gas Transmission Corporation ...... RP98±255±001 Dauphin Island Gathering Partners ...... RP98±343±003 El Paso Natural Gas Company ...... RP98±311±001 Florida Gas Transmission Company ...... RP99±14±000 Garden Banks Pipeline, LLC ...... RP98±282±001 High Island Offshore System ...... RP98±245±003 KN Wattenberg Transmission, LLC ...... RP98±302±002 Kansas Pipeline Company ...... CP96±152±000 Mid Louisiana Gas Company ...... RP99±268±000 Mississippi Canyon Gas Pipeline, LLC ...... RP98±287±001 Natural Gas Pipeline Company of America ...... RP98±304±002 Norteno Pipeline Company ...... RP99±279±000 Northern Natural Gas Company ...... RP98±292±003

1 Standards For Business Practices Of Interstate 3 Standards For Business Practices Of Interstate 20072 (Apr. 23, 1998), III FERC Stats. & Regs. Natural Gas Pipelines, 85 FERC ¶ 61,371 (1998). Natural Gas Pipelines, Order No. 587–G, 63 FR Regulations Preambles ¶ 31,062 (Apr. 16, 1998). 2 18 CFR 284.10(c)(2)(i).

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APPENDIX RM96±1±012, ET AL.ÐContinued

Company name Docket No.

Northwest Pipeline Corporation ...... RP98±257±003 Paiute Pipeline Company ...... RP98±321±001 Questar Pipeline Company ...... RP98±263±003 Reliant Energy Gas Transmission Co ...... RP98±339±001 Sea Robin Pipeline Co ...... RP99±252±001 Stingray Pipeline Company ...... RP98±307±002 Southern Natural Gas Company ...... RP99±253±002 Tennessee Gas Pipeline Company ...... RP97±60±011 Texas Eastern Transmission Corporation ...... RP98±314±003 TransColorado Gas Transmission ...... RP98±320±001 Transcontinental Gas Pipe Line Corporation ...... RP98±344±004 U±T Offshore System ...... RP98±244±002 Williston Basin Interstate Pipeline Co ...... RP98±312±004

[FR Doc. 99–13371 Filed 5–25–99; 8:45 am] First Street, NE., Room 2A, Washington, available by the Bureau of Labor BILLING CODE 6717±01±M DC 20426. Statistics in May of each calendar year. The Commission Issuance Posting The annual average PPI–FG index System (CIPS) provides access to the figure for 1997 was 131.8 and the DEPARTMENT OF ENERGY texts of formal documents issued by the annual average PPI–FG index figure for Commission from November 14, 1994 to 1998 was 130.7.1 Thus, the percent Federal Energy Regulatory the present. CIPS can be accessed via change (expressed as a decimal) in the Commission Internet through FERC’s Home Page annual average PPI–FG from 1997 to [Docket No. RM93±11±000] (http://www.ferc.fed.us) using the CIPS 1998, minus one percent, is a negative Link or the Energy Information Online 0.018346.2 Oil pipelines must multiply Revisions to Oil Pipeline Regulations icon. Documents will be available on their July 1, 1998–June 30, 1999 rate Pursuant to the Energy Policy Act of CIPS in ASCII and WordPerfect 6.1 ceiling levels by 0.981654 3 to compute 1992 format. User assistance is available at their rate ceiling levels for the period 202–208–2474 or by E–mail to July 1, 1999, through June 30, 2000, in May 18, 1999. accordance with 18 CFR 342.3(d). AGENCY: Federal Energy Regulatory [email protected]. This document is also available To obtain July 1, 1999–June 30, 2000 Commission, Dept. of Energy. ceiling levels, pipelines must first ACTION: Notice of annual change in the through the Commission’s Records and Information Management System calculate their ceiling levels for the producer price index for finished goods, January 1, 1995–June 30, 1995 index minus one percent. (RIMS), an electronic storage and retrieval system of documents submitted period, by multiplying their December SUMMARY: The Commission is issuing to and issued by the Commission after 31, 1994 rates by 1.002175. Pipelines the index that oil pipelines must apply November 16, 1981. Documents from must then multiply those ceiling levels to their July 1, 1998–June 30, 1999 rate November 1995 to the present can be by 0.996415 to obtain the July 1, 1995– ceiling levels to compute their rate viewed and printed. RIMS is available June 30, 1996 ceiling levels. Then, ceiling levels for the period July 1, 1999 in the Public Reference Room or pipelines must multiply their July 1, through June 30, 2000, in accordance remotely via Internet through FERC’s 1995–June 30, 1996 ceiling levels by with 18 CFR 342.3(d). This index, Home Page using the RIMS link or the 1.009124 to obtain the July 1, 1996–June which is the percent change (expressed energy Information Online icon. User 30, 1997 ceiling levels, and multiply the as a decimal) in the annual average assistance is available at 202–208–2222, July 1, 1996–June 30, 1997 ceiling levels Producer Price Index for Finished or by E-mail to [email protected]. by 1.016583 to obtain the July 1, 1997– June 30, 1998 ceiling levels. Pipelines Goods from 1997 to 1998, minus one Finally, the complete text on diskette then must multiply the July 1, 1997– percent, is a negative 0.018346. Oil in WordPerfect format may be June 30, 1998 ceiling levels by 0.993808 pipelines must multiply their July 1, purchased from the Commission’s copy to obtain the July 1, 1998–June 30, 1999 1998–June 30, 1999 rate ceiling levels contractor, RVJ International, Inc. RVJ by 0.981654 to compute their rate International, Inc. is located in the ceiling levels for the period July 1, 1999 1 The final figure for the annual average PPI–FG Public Reference Room at 888 First is published by the Bureau of Labor Statistics in through June 30, 2000. Street, NE., Washington, DC 20426. mid-May of each year. This figure is publicly FOR FURTHER INFORMATION CONTACT: The Commission’s regulations include available from the Division of Industrial Prices and David Ulevich, Office of Pipeline Price Indexes of the Bureau of Labor Statistics, at a methodology for oil pipelines to (202) 606–7705, and is available in print in August Regulation, Federal Energy Regulatory change their rates through use of an in Table 1 of the annual data supplement to the BLS Commission, 888 First Street, NE., index system that establishes ceiling publication Producer Price Index. The PPI data are Washington, DC 20426, (202) 208–0678. levels for such rates. The index system also available via the Internet. The Internet address SUPPLEMENTARY INFORMATION: is

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28469 ceiling levels. finally, pipelines must (WALC), or make alternative Are there additional activities to help multiply the July 1, 1998–June 30, 1999 comparable arrangements to satisfy its alleviate tribal and small system ceiling levels by 0.981654 to obtain the Reserves requirements. The charges for compliance problems? What can/will be July 1, 1999–June 30, 2000 ceiling Reserves are referred to below. The the drivers affecting the structure of the levels. See Explorer Pipelines Company, amount of Reserves will be set forth in industry? Are there innovative or 71 FERC 61,416 at n.6 (1995) for an the service agreement. alternative institutional structures for explanation of how ceiling levels must the provision of drinking water to small Formula Rate be calculated. populations? Linwood A. Watson, Jr., No long-term Reserves are available Issues related to unserved populations Acting Secretary. from WALC resources. The Desert include: What are our responsibilities to Southwest Customer Service Region, [FR Doc. 99–13121 Filed 5–25–99; 8:45 am] help provide safe drinking water to upon request, will obtain the Reserves those not served by public water BILLING CODE 6717±01±M on the open market for the customer and systems? How could we meet such pass through the cost, plus a 10 percent responsibilities (e.g., education?) DEPARTMENT OF ENERGY administrative charge. ADDRESSES: The meeting will be held at Rate the Department of the Interior, 1849 C Western Area Power Administration St. NW, Washington DC 20240, in Cost for Reserves = market price + 10 Conference Room 7000B. [Rate Order No. WAPA±84] percent. FOR FURTHER INFORMATION CONTACT: To Desert Southwest Customer Service Dated: May 18, 1999. register for the meeting, please contact Region Network Integration Timothy J. Meeks, the Safe Drinking Water Hotline at 1– Transmission and Ancillary Services Assistant Administrator. 800–426–4791 or 703–285–1093 [FR Doc. 99–13397 Filed 5–25–99; 8:45 am] between 9:00 a.m. and 5:30 p.m. EDT. AGENCY: Western Area Power BILLING CODE 6450±01±P For specific meeting information on the Administration, DOE. small systems question, please contact ACTION: Notice; correction. Peter Shanaghan at 202–260–5813 or by SUMMARY: The Western Area Power ENVIRONMENTAL PROTECTION e-mail at [email protected]. For Administration published a document AGENCY specific information on the unserved populations question, please contact in the Federal Register of May 11, 1998, [FRL±6349±7] Desert Southwest Customer Service Joshua Joseph at 202–260–2446, or by e- Region Network Integration Futures Forum Discussion of Small mail at [email protected]. Transmission and Ancillary Services. Drinking Water Systems and Unserved Cynthia C. Dougherty, The document omitted Rate Schedule Populations; Notice of Meeting Director, Office of Ground Water and Drinking DSW-SUR1, Schedule 6 to Tariff. Water. AGENCY: FOR FURTHER INFORMATION CONTACT: Mr. Environmental Protection [FR Doc. 99–13383 Filed 5–25–99; 8:45 am] Maher A. Nasir, Rates Team Lead, Agency. BILLING CODE 6560±50±P telephone (602) 352–2768, or Mr. Tyler ACTION: Notice of meeting. Carlson, Regional Manager, telephone SUMMARY: The U.S. Environmental (602) 352–2453, Desert Southwest ENVIRONMENTAL PROTECTION Protection Agency (EPA) will be holding Customer Service Region, Western Area AGENCY a one-day public meeting from 9:00— Power Administration, P.O. Box 6457, 5:00 on June 10, 1999 in Washington, [OPP±34186; FRL±6083±4] Phoenix, AZ 85005–6457. DC. The purpose of this meeting is to Increasing Transparency for the Correction discuss the small systems and unserved Tolerance Reassessment Process; In the Federal Register issue of May populations questions related to the Availability of Preliminary Risk 11, 1999, in FR Doc. 99–11864, on page drinking water futures forum. Assessment for the Organophosphate 25334, in the first column, insert the The purpose of the Drinking Water Pesticide: Phostebupirim following schedule: Futures Forum is to evaluate the Rate Schedule DSW–SUR1; challenges facing the nation in ensuring AGENCY: Environmental Protection SCHEDULE 6 to Tariff—OPERATING a safe supply of drinking water in 25 Agency (EPA). RESERVE—SUPPLEMENTAL RESERVE years, and develop a plan to meet these ACTION: Notice. SERVICE. challenges. The question to be discussed is: How should we ensure safe drinking SUMMARY: This notice announces the Effective water in 25 years? To help discusion, availability of documents that were The first day of the first full billing this all-encompassing question will be developed as part of the Environmental period beginning on or after April 1, broken into 7 sub-questions: treatment Protection Agency’s process for making 1999, through March 31, 2004. technologies, source water quality and reregistration eligibility decisions for quantity, sensitive subpopulations, cost, the organophosphate pesticides and for Applicable small systems, unserved populations, tolerance reassessments consistent with Supplemental reserve service and research. the Federal Food, Drug, and Cosmetic (Reserves) is needed to serve load The specific questions to be discussed Act (FFDCA) as amended by the Food immediately in the event of a system on June 10 are small systems and Quality Protection Act of 1996 (FQPA). contingency. Reserves may be provided unserved populations. Issues related to These documents are the preliminary by generating units that are on-line and small systems include: what should the human health risk assessment and loaded at less than maximum output. structure of the drinking water related documents for phostebupirim. The transmission customer must either provision system be in the future? Can This notice also starts a 60-day public purchase this service from the Western consolidation and restructuring take comment period for the preliminary risk Area Lower Colorado control area more advantage of economies of scale? assessment. Comments are to be limited

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28470 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices to issues directly associated with this ‘‘Laws and Regulations’’ and then look Records Integrity Branch telephone organophosphate pesticide. By allowing up the entry for this document under number is (703) 305–5805. access and opportunity for comment on the ‘‘Federal Register—Environmental 3. Electronically. You may submit the preliminary risk assessment, EPA is Documents.’’ You can also go directly to your comments electronically by e-mail seeking to strengthen stakeholder the Federal Register listings at http:// to:‘‘ [email protected]’’ or mail or involvement and help ensure our www.epa.gov/fedrgstr/. deliver your standard computer disk to decisions under FQPA are transparent To access information about the risk the appropriate address in this unit. Do and based on the best available assessment for phostebupirim not submit any information information. The tolerance reassessment organophosphate pesticide, go directly electronically that you consider to be process will ensure that the United to the Home Page for the Office of CBI. Electronic comments must be States continues to have the safest and Pesticide Programs at http: submitted as an ASCII file, avoiding the most abundant food supply. The Agency www.epa.gov/pesticides/op. use of special characters and any form cautions that this risk assessment is a 2. In person. The Agency has of encryption. Comments and data will preliminary assessment only and that established an official record for this also be accepted on standard computer further refinements of the risk action under the docket control number disks in WordPerfect 5.1/6.1 or ASCII assessment may be appropriate for the OPP–34186. The official record consists file format. All comments in electronic phostebupirim organophosphate of the documents specifically referenced form must be identified by the docket pesticide. This document reflects the in this action, any public comments control number OPP–34186. Electronic analysis conducted as of the time it was received during an applicable comment comments may also be filed online at produced and it is appropriate that, as period, and other information related to many Federal Depository Libraries. new information becomes available and/ this action, including information D. How Should I Handle CBI or additional analyses are performed, claimed as Confidential Business Information That I Want To Submit To the conclusions in it may change. Information (CBI). This official record the Agency? DATES: Comments, identified by docket includes the documents that are control number OPP–34186, must be Do not submit any information physically located in the docket, as well electronically that you consider to be received by EPA on or before July 26, as the documents that are referenced in 1999. CBI. You may claim information that those documents. The public version of you submit to EPA in response to this ADDRESSES: Comments may be the official record does not include any document as CBI by marking any part or submitted by mail, electronically, or in CBI. The public version of the official all of that information as CBI. person. Please follow the detailed record, which includes printed, paper Information so marked will not be instructions for each method as versions of any electronic comments disclosed except in accordance with provided in Unit I. of the submitted during an applicable procedures set forth in 40 CFR part 2. ‘‘SUPPLEMENTARY INFORMATION’’ comment period, is available for In addition to one complete version of section. To ensure proper receipt by inspection in Rm. 119, Crystal Mall #2, the comment that includes any EPA, it is imperative that you identify 1921 Jefferson Davis Hwy., Arlington, docket control number OPP–34186 in information claimed as CBI, a copy of VA, from 8:30 a.m. to 4 p.m., Monday the comment that does not contain the the subject line on the first page of your through Friday, excluding legal response. information claimed as CBI must be holidays. The Public Information and submitted for inclusion in the public FOR FURTHER INFORMATION CONTACT: Records Integrity Branch telephone version of the official record. Karen Angulo, Special Review and number is (703) 305–5805. Information not marked confidential Reregistration Division (7508C), Office will be included in the public version of Pesticide Programs, Environmental C. How and To Whom Do I Submit of the official record without prior Protection Agency, 401 M St., SW., Comments? notice. If you have any questions about Washington, DC 20460; telephone You may submit comments through CBI or the procedures for claiming CBI, number: (703) 308–8004; e-mail address: the mail, in person, or electronically. To please consult the person identified in [email protected]. ensure proper receipt by EPA, it is the ‘‘FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: imperative that you identify docket CONTACT’’ section. control number OPP–34186 in the I. General Information subject line on the first page of your II. What Action Is EPA Taking? A. Does This Action Apply To Me? response. EPA is making available preliminary This action applies to the public in 1. By mail. Submit your comments to: risk assessments that have been general. As such, the Agency has not Public Information and Records developed as part of EPA’s process for attempted to specifically describe all the Integrity Branch, Information Resources making reregistration eligibility entities potentially affect by this action. and Services Division (7502C), Office of decisions for the organophosphate If you have any questions regarding the Pesticide Programs, Environmental pesticides and for tolerance applicability of this action to a Protection Agency, 401 M St., SW., reassessments consistent with the particular entity, consult the person Washington, DC 20460. FFDCA as amended by the FQPA. The listed in the ‘‘FOR FURTHER 2. In person or by courier. Deliver Agency’s preliminary human health INFORMATION CONTACT’’ section. your comments to: Public Information effects risk assessment for this and Records Integrity Branch, organophosphate pesticide is available B. How Can I Get Additional Information Resources and Services in the OPP docket. Information, Including Copies of This Division (7502C), Office of Pesticide As additional comments, reviews, and Document or Other Related Documents? Programs, Environmental Protection risk assessment modifications become 1. Electronically. You may obtain Agency, Rm. 119, Crystal Mall #2, 1921 available, these will also be docketed for electronic copies of this document and Jefferson Davis Hwy., Arlington, VA., the one organophosphate pesticide certain other available documents from between 8:30 a.m. to 4 p.m., Monday listed in this notice. The Agency the EPA Internet Home Page at http:// through Friday, excluding legal cautions that this risk assessment is a www.epa.gov/. On the Home Page select holidays. The Public Information and preliminary assessment only and that

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28471 further refinements of the risk ENVIRONMENTAL PROTECTION phosphinothioyl]oxy]benzoate. Bayer assessment may be appropriate for the AGENCY Corporation is the sole technical phostebupirim organophosphate manufacturer of isofenphos and [OPP±64041; FRL±6082±9] pesticide. This document reflects only manufactures the technical material the work and analysis conducted as of Notice of Cancellation of All overseas. Isofenphos was registered in the time it was produced and it is Registrations of the Organophosphate the United States for use on turf and appropriate that, as new information Isofenphos ornamentals for control of white grubs becomes available and/or additional and molecrickets, although only the turf analyses are performed, the conclusions AGENCY: Environmental Protection use products were being sold at the time in it may change. Agency (EPA). of the request for voluntary cancellation. As the preliminary risk assessments ACTION: Final Notice. In the Federal Register of January 15, for the remaining organophosphate SUMMARY: In accordance with section 1999 (64 FR 2642) (FRL 6056–5), EPA pesticides are completed and registrants 6(f)(1) of the Federal Insecticide, issued a notice announcing receipt of are given a 30-day review period to Fungicide, and Rodenticide Act the isofenphos registrants’ request to identify possible computational or other (FIFRA), as amended, EPA is issuing a terminate uses and cancel registrations clear errors in the risk assessment, these notice of its response to requests for under section 3 of FIFRA, and provided risk assessments and registrant voluntary cancellation of registrations notice of EPA’s intent to accept those responses will be placed in the for all products containing isofenphos requests. According to the timetable individual organophosphate pesticide by Bayer Corporation, the sole U.S. specified in the January 15, 1999 dockets. A notice of availability for registrant of the insecticide. Federal Register notice, cancellation of subsequent assessments will appear in DATES: These terminations and Bayer Corporation’s isofenphos the Federal Register. cancellations become effective registrations will be accomplished in The Agency is providing an according to the timetable specified three steps. First, the following product opportunity, through this notice, for under ‘‘Background’’ subject to the registrations are canceled effective May interested parties to provide written existing stocks provision specified 26, 1999. comments and input to the Agency on herein. • Oftanol 5% Granular Turf and the preliminary risk assessment for the FOR FURTHER INFORMATION CONTACT: By Ornamental Insecticide, EPA Reg. No. chemical specified in this notice. Such mail: Philip Poli, Special Review and 3125–435 comments and input could address, for Reregistration Division (7508C), Office • Oftanol 5% Granular Insecticide, example, the availability of additional of Pesticide Programs, Environmental EPA Reg. No. 3125–330 data to further refine the risk Protection Agency, 401 M St., SW., • assessment, such as percent crop treated Washington, DC 20460. Office location, Oftanol 1.5% Granular Insecticide, information or submission of residue telephone number and e-mail: EPA Reg. No. 3125–331 data from food processing studies, or Reregistration Branch 3, Crystal Mall #2, • Lawn Food and Insecticide, EPA could address the Agency’s risk 6th floor, 1921 Jefferson Davis Highway, Reg. No. 3125–350 assessment methodologies and Arlington, VA; (703) 308–8038; e-mail: EPA will continue to permit the sale, assumptions as applied to this specific [email protected]. distribution and use of existing stocks of chemical. Comments should be limited SUPPLEMENTARY INFORMATION: these product registrations already in to issues raised within the preliminary the hands of dealers or users. risk assessment and associated I. Introduction documents. EPA will provide other Section 6(f)(1) of FIFRA provides that Second, Bayer’s product Oftanol 2 opportunities for public comment on a registrant of a pesticide product may, Insecticide (EPA Reg. No. 3125–342) other science issues associated with the at any time, request that any of its will be canceled on September 30, 1999. organophosphate tolerance reassessment pesticide registrations be canceled or The Agency has authorized a 1–year program. Failure to comment on any amended. FIFRA further provides that, existing stocks provision, whereby such issues as part of this opportunity before acting on the request, EPA must Bayer Corporation may sell and/or will in no way prejudice or limit a publish a notice of receipt of any such distribute all remaining inventory of commenter’s opportunity to participate request in the Federal Register. this product, under the previously fully in later notice and comment Thereafter, the EPA Administrator may approved labeling, until September 30, processes. All comments should be approve or deny the request consistent 2000. Third, the cancellation of Oftanol submitted by July 26, 1999, at the with the provisions established technical will become effective on address given under ‘‘ADDRESSES.’’ pursuant to section 6(f)(1). December 31, 1999. Bayer Corporation Comments will become part of the Accordingly, the Agency is will discontinue any further sales and/ Agency record for each individual proceeding with the cancellation of all or distribution of Oftanol technical as of organophosphate pesticide to which isofenphos products as specified in the this date. they pertain. January 15, 1999 Federal Register. That Further, because sales of isofenphos notice announced receipt of these have been steadily declining since 1994, List of Subjects requests for termination/cancellation Bayer has agreed to limit the sale of Environmental protection, Chemicals, and provided for disposition of existing Oftanol technical in 1999 to the level of Pesticides and pests. stocks. 1998 sales. Finally, Bayer also stated in its December 11, 1998 letter to the Dated: May 20, 1999. II. Background Agency requesting voluntary Jacqueline McQueen, Isofenphos is the common name for cancellation, that they will notify Acting Director, Special Review and an insecticide of the organophosphate formulator customers of the schedule for Reregistration Division, Office of Pesticide class; its trade name is Oftanol. The discontinuance of their isofenphos Programs. chemical name for isofenphos is 1- product registration ‘‘to give them [FR Doc. 99–13377 Filed 5–25–99; 8:45 am] methylethyl 2-[[ethoxy[(1- adequate transition time to develop or BILLING CODE 6560±50±F methylethyl)amino] identify alternative products.’’

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III. Cancellation Order and Existing Lists of Subjects: docket is available for public inspection Stocks Provision Environmental protection, in Rm. 119 at the Virginia address given Agricultural commodities, Pesticides above, from 8:30 a.m. to 4 p.m., Monday The Agency hereby grants all of the through Friday, excluding holidays. requested cancellations, consistent with and pests, Product registrations the schedule Bayer Corporation Dated: May 18, 1999. FOR FURTHER INFORMATION CONTACT: By mail: James Tompkins, Product Manager requested in its December 11, 1999 Lois A. Rossi, voluntary cancellation letter to the (PM-25), Registration Division (7505C), Agency. Bayer Corporation requested in Director, Special Review and Reregistration Office of Pesticide Programs, its December 11, 1999 letter a l–year Division, Office of Pesticide Programs. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. existing stocks provision for its end-use [FR Doc. 99–13376 Filed 5–25–99; 8:45 am] product Oftanol 2 Insecticide (EPA Reg. Office location, telephone number, and BILLING CODE 6560±50±F No. 3125–342). The Agency has e-mail address: Rm. 239, CM #2, 1921 determined that the effective date of Jefferson Davis Highway, Arlington, VA cancellation for this product will be ENVIRONMENTAL PROTECTION 22202, (703 305–5697, e-mail: September 30, 1999. The Bayer AGENCY [email protected]. Corporation, and any supplemental SUPPLEMENTARY INFORMATION: EPA distributors, may sell or distribute [OPP±30479; FRL±6080±7] received applications as follows to existing stocks of this product, bearing E. I. DuPont De Nemours and Co.; register pesticide products containing the previously-approved labeling, until Applications to Register Pesticide active ingredients not included in any September 30, 2000. In addition, EPA Products previously registered products pursuant will continue to permit, after September to the provision of section 3(c)(4) of 30, 2000 (EPA Reg. No. 3125–342) and AGENCY: Environmental Protection FIFRA. Notice of receipt of these December 31, 1999 (EPA Reg. No. 3125– Agency (EPA). applications does not imply a decision 326), the sale, distribution, and use of ACTION: Notice. by the Agency on the applications. existing stocks of product containing isofenphos already in the channels of SUMMARY: This notice announces receipt I. Products Containing Active distribution by persons other than the of applications to register pesticide Ingredients Not Included In Any registrant and/or supplemental products containing new active Previously Registered Products registrants, (i.e., stocks already in the ingredients not included in any hands of dealers and users). previously registered products pursuant 1. File Symbol: 352–LII. Applicant: E. to the provisions of section 3(c)(4) of the Cancellation of the following I. duPont de Nemours and Company, Federal Insecticide, Fungicide, and isofenphos product registrations will Agricultural Products, P.O. Box 18038, Rodenticide Act (FIFRA), as amended. become effective on May 26, 1999. EPA Wilmington, DE 19880–0038. Product will continue to permit the sale, DATES: Written comments must be Name: Milestone. Herbicide. Active distribution and use of existing stocks of submitted by June 25, 1999. ingredient: 2-[2,4-Dichloro-5-(2- the following product registrations ADDRESSES: By mail, submit written propynyloxy)phenyl]-5,6,7,8-tetrahydro- already in the hands of any person other comments identified by the document 1,2,4-triazolo[4,3-a]-pyridin-3(2H)-one than the registrant and/or supplemental control number [OPP–30479] and the at 80%. Proposed classification/Use: distributors: file symbols to: Public Information and General. For control of of many annual Records Integrity Branch, Information broadleaf weeds and grasses in citrus, • Oftanol 5% Granular Turf and Resources and Services Division grapes, sugarcane, temperate woody Ornamental Insecticide, EPA Reg. No. (7502C), Office of Pesticide Programs, crops, hybrid poplar plantations, 3125–435 Environmental Protection Agency, 401 noncrop industrial sites, and turf. • Oftanol 5% Granular Insecticide, M St., SW., Washington, DC 20460. In 2. File Symbol: 352–LIT. Applicant: E. EPA Reg. No. 3125–330 person, bring comments to: I. duPont de Nemours and Company. • Oftanol 1.5% Granular Insecticide, Environmental Protection Agency, Rm. Product Name: DPX-R6447 Technical. EPA Reg. No. 3125–331 119, CM #2, 1921 Jefferson Davis Hwy., Herbicide. Active ingredient: 2-[2,4- Arlington, VA. • Lawn Food and Insecticide, EPA Dichloro-5-(2-propynyloxy)phenyl]- Comments and data may also be Reg. No. 3125–350 5,6,7,8-tetrahydro-1,2,4-triazolo[4,3-a]- submitted electronically to: opp- pyridin-3(2H)-one at 97.32%. Proposed All sale or distribution of existing [email protected]. Follow the classification/Use: General. For the stocks permitted by this cancellation instructions under ‘‘SUPPLEMENTARY formulation of herbicides only. order is permitted only to the extent that INFORMATION.’’ No Confidential Notice of approval or denial of an the product being sold or distributed Business Information (CBI) should be bears the previously-approved label that submitted through e-mail. application to register a pesticide was required to be on the product on the Information submitted as a comment product will be announced in the date of cancellation. All use of existing concerning this notice may be claimed Federal Register. The procedure for stocks of any product canceled pursuant confidential by marking any part or all requesting data will be given in the to this cancellation order must be of that information as CBI. Information Federal Register if an application is consistent with the previously-approved so marked will not be disclosed except approved. labeling on or accompanying the in accordance with procedures set forth Comments received within the product. In addition, dealers and users in 40 CFR part 2. A copy of the specified time period will be considered should be aware that the Agency comment that does not contain CBI before a final decision is made; reserves the right to amend the existing must be submitted for inclusion in the comments received after the time stocks portion of this order if conditions public record. Information not marked specified will be considered only to the warrant that existing stocks are not confidential may be disclosed publicly extent possible without delaying exhausted in a reasonable time. by EPA without prior notice. The public processing of the application.

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II. Public Record and Electronic List of Subjects FOR FURTHER INFORMATION CONTACT: By Submissions Environmental protection, Pesticides mail: James A. Hollins, Office of Pesticide Programs (7502C), The official record for this notice, as and pest, Product registration. Environmental Protection Agency, 401 well as the public version, has been Dated: May 13, 1999. M Street SW., Washington, DC 20460. established for this notice under docket James Jones, Office location for commercial courier number [OPP–30479] (including delivery, telephone number and e-mail comments and data submitted Director, Registration Division, Office of address: Rm. 224, Crystal Mall No. 2, electronically as described below). A Pesticide Programs. 1921 Jefferson Davis Highway, public version of this record, including [FR Doc. 99–13036 Filed 5–25–99; 8:45 am] Arlington, VA, (703) 305–5761; e-mail: printed, paper versions of electronic BILLING CODE 6560±50±F [email protected]. comments, which does not include any information claimed as CBI, is available SUPPLEMENTARY INFORMATION: for inspection from 8:30 a.m. to 4 p.m., ENVIRONMENTAL PROTECTION Monday through Friday, excluding legal AGENCY I. Introduction holidays. The official notice record is [OPP±66267; FRL 6078±9] Section 6(f)(1) of the Federal located at the address in ‘‘ADDRESSES’’ Insecticide, Fungicide and Rodenticide at the beginning of this document. Notice of Receipt of Requests to Act (FIFRA), as amended, provides that Electronic comments can be sent Voluntarily Cancel Certain Pesticide a pesticide registrant may, at any time, directly to EPA at: Registrations request that any of its pesticide [email protected] registrations be cancelled. The Act AGENCY: Environmental Protection Agency (EPA). further provides that EPA must publish Electronic comments must be a notice of receipt of any such request ACTION: Notice. submitted as an ASCII file avoiding the in the Federal Register before acting on use of special characters and any form SUMMARY: In accordance with section the request. of encryption. Comment and data will 6(f)(1) of the Federal Insecticide, II. Intent to Cancel also be accepted on disks in Fungicide and Rodenticide Act (FIFRA), Wordperfect 5.1/6.1 or ASCII file as amended, EPA is issuing a notice of This Notice announces receipt by the format. All comments and data in receipt of requests by registrants to Agency of requests to cancel some 158 electronic form must be identified by voluntarily cancel certain pesticide pesticide products registered under the docket number [OPP–30479]. registrations. section 3 or 24(c) of FIFRA. These Electronic comments on this notice may DATES: Unless a request is withdrawn by registrations are listed in sequence by be filed online at many Federal November 22, 1999, orders will be registration number (or company Depository Libraries. issued cancelling all of these number and 24(c) number) in the Authority: 7 U.S.C. 136. registrations. following Table 1.

TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product Name Chemical Name

000099±±00123 Watkins Insect Repellant - Formula 50 Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000100 MS±±88±±0007 Triumph 4E Insecticide O,O-Dimethyl O-(1-isopropyl-5-chloro-1,2,4-triazol-3-yl) phosphorothioate 000100 NC±±88±±0007 Triumph 4E Insecticide O,O-Dimethyl O-(1-isopropyl-5-chloro-1,2,4-triazol-3-yl) phosphorothioate 000100 OR±±95±±0019 Triumph 4E Insecticide O,O-Diethyl O-(5-chloro-1-(1-methylethyl)-1H-1,2,4-triazol-3-yl) phosphorothioate 000100 OR±±95±±0024 Dual Herbicide 2-Chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1- methylphenyl)acetamide (9CI) 000100 OR±±95±±0025 Dual 8E Herbicide 2-Chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1- methylphenyl)acetamide (9CI) 000100 SC±±88±±0005 Triumph 4E Insecticide O,O-Dimethyl O-(1-isopropyl-5-chloro-1,2,4-triazol-3-yl) phosphorothioate 000121±±00015 Cutter Evergreen Scent Insect Repellent Dipropyl isocinchomeronate Spray N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00016 Cutter Evergreen Scent Insect Repellent Dipropyl isocinchomeronate Cream N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00018 Cutter Insect Repellent Stick N,N-Diethyl-meta-toluamide and other isomers

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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

000121±±00020 Cutter Evergreen Scent Insect Repellent Stick N,N-Diethyl-meta-toluamide and other isomers 000121±±00021 Cutter Insect Repellent Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00022 Cutter Insect Repellent Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00027 Cutter Evergreen Scent Insect Repellent Dipropyl isocinchomeronate Pump Spray N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00029 Cutter Evergreen Scent Insect Repellent N,N-Diethyl-meta-toluamide and other isomers Pump Spray Form 000121±±00030 Cutter Insect Repellent Cream Formula MM N,N-Diethyl-meta-toluamide and other isomers 000121±±00031 Cutter Evergreen Scent Insect Repellent N,N-Diethyl-meta-toluamide and other isomers Spray Formula M 000121±±00032 Cutter Evergreen Scent Insect Repellent N,N-Diethyl-meta-toluamide and other isomers Cream Formula M 000121±±00033 Cutter Original Insect Repellent Spray For- N,N-Diethyl-meta-toluamide and other isomers mula MMI 000121±±00041 Cutter Original Insect Repellent Pump Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000121±±00045 Cutter Insect Repellent - Tick Repellent - For- N,N-Diethyl-meta-toluamide and other isomers mula MMII 000121±±00046 Evergreen Cutter Insect Repellent - Formula N,N-Diethyl-meta-toluamide and other isomers MMII 000121±±00050 Cutter Insect Repellent #10 N,N-Diethyl-meta-toluamide and other isomers 000121±±00051 Evergreen Cutter Insect Repellent #10E N,N-Diethyl-meta-toluamide and other isomers 000121±±00052 Cutter Insect Repellent #10G N,N-Diethyl-meta-toluamide and other isomers 000121±±00054 Cutter Insect Repellent #10/10/40PS N,N-Diethyl-meta-toluamide and other isomers 000121±±00055 Cutter Insect Repellent #10/10/40PSE N,N-Diethyl-meta-toluamide and other isomers 000121±±00058 Cutter Insect Repellent #30CRE N,N-Diethyl-meta-toluamide and other isomers 000121±±00060 Cutter Insect Repellent #CN003 N,N-Diethyl-meta-toluamide and other isomers 000121±±00061 Cutter Insect Repellent #CN0004 N,N-Diethyl-meta-toluamide and other isomers 000121±±00062 Evergreen Scent Cutter Insect Repellent N,N-Diethyl-meta-toluamide and other isomers #CS326 000121±±00063 Unscented Cutter Insect Repellent #CS301 N,N-Diethyl-meta-toluamide and other isomers 000121±±00067 Cutter Insect Repellent #CTRO12 N,N-Diethyl-meta-toluamide and other isomers 000121±±00069 Cutter Insect Repellent #CA23e N,N-Diethyl-meta-toluamide and other isomers 000121±±00070 Cutter Insect Repellent #CC129 N,N-Diethyl-meta-toluamide and other isomers 000121±±00073 Cutter Insect Repellent #10GE±A N,N-Diethyl-meta-toluamide and other isomers 000121±±00082 0utter Insect Repellent 30P N,N-Diethyl-meta-toluamide and other isomers 000121±±00083 Cutter Insect Repellent 30T N,N-Diethyl-meta-toluamide and other isomers 000241±±00311 Ala-Scept Herbicide Alachlor (2-Chloro-N-(2,6-diethylphenyl)-N- (methoxymethyl)acetamide) 2-(4,5-Dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl)-3- 000241±±00329 Ala-Scept ESC Herbicide Alachlor (2-Chloro-N-(2,6-diethylphenyl)-N- (methoxymethyl)acetamide) 2-(4,5-Dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl)-3- 000264±±00483 Rovral 30 Flowable Fungicide 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000264±±00562 Iprodione HG Fungicide 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide

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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

000264±±00563 Iprodione Lawn and Ornamentals Fungicide 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000264 ID±±96±±0011 Diva Fungicide Tetrachloroisophthalonitrile 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000264 MN±±96±±0004 Diva Fungicide Tetrachloroisophthalonitrile 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000264 MO±±96±±0002 Diva Fungicide Tetrachloroisophthalonitrile 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000264 OR±±96±±0033 Diva Fungicide Tetrachloroisophthalonitrile 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000279 MS±±98±±0009 Pounce 3.2 EC Insecticide Cyclopropanecarboxylic acid, 3-(2,2-dichloroethenyl)-2,2-dimethyl-, 000279 OR±±89±±0002 Talstar 10WP Insecticide/miticide (2-Methyl(1,1'-biphenylb-3-yl)methyl 3-(2-chloro-3,3,3-trifluoro-1-) 000334±±00561 Adios II Insect Repellent Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 000400 OR±±79±±0026 Ded-Weed Sulv-Amine Dimethylamine 2,4-dichlorophenoxyacetate 000407±±00317 Garden Weeder contains Dacthal Dimethyl tetrachloroterephthalate 000407±±00338 Imperial Garden Weed Preventer Dimethyl tetrachloroterephthalate 000407±±00416 Imperial 5% Dacthal Dimethyl tetrachloroterephthalate 000478±±00040 Real Kill Insect Repellent Spray N,N-Diethyl-meta-toluamide and other isomers 000524±±00328 Ramrod and Atrazine Flowable Herbicide 2-Chloro-N-isopropylacetanilide 2-Chloro-4-(ethylamino)-6-(isopropylamino)-s-triazine 000524±±00423 Ramrod + Atrazine DF Herbicide 2-Chloro-N-isopropylacetanilide 2-Chloro-4-(ethylamino)-6-(isopropylamino)-s-triazine 000538±±00182 Fertilizer Plus Lawn Disease Preventer 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000538±±00217 Lawn Disease Control Plus Fertilizer Dimethyl ((1,2-phenylene)bis(iminocarbonothioyl))bis(carbamate) 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 000655±±00579 Prentox Lindane 20% Emulsifiable Con- Lindane (Gamma isomer of benzene hexachloride)(99% pure gamma centrate isomer 000655±±00580 Prentox Lindane 25 W Lindane (Gamma isomer of benzene hexachloride)(99% pure gamma isomer 000655±±00768 Prentox 20 Lindane Emulsifiable Concentrate Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 000707±±00167 Kathon CS±30 Oil Field Microbiocide 5-Chloro-2-methyl-3(2H)-isothiazolone 2-Methyl-3(2H)-isothiazolone 000707±±00168 Kathon CS±35 5-Chloro-2-methyl-3(2H)-isothiazolone 2-Methyl-3(2H)-isothiazolone 000707±±00169 Kathon CS±25 Oilfield Microbiocide 5-Chloro-2-methyl-3(2H)-isothiazolone 2-Methyl-3(2H)-isothiazolone 000707±±00171 Kathon MWX 5-Chloro-2-methyl-3(2H)-isothiazolone 2-Methyl-3(2H)-isothiazolone 000707±±00205 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 AZ±±88±±0010 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 CA±±77±±0053 Kelthane Mf 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 CA±±92±±0026 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 CA±±97±±0006 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 GA±±88±±0006 Kelthane Mf Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol

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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

000707 LA±±88±±0007 Kelthane Mf Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 ME±±91±±0008 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 MS±±90±±0004 Kelthane MF Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 OR±±90±±0015 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 PA±±92±±0004 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 TX±±93±±0018 Kelthane MF Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 VA±±89±±0005 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000707 WA±±90±±0022 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 000769±±00639 Smcp Granular Hy-Kil-4 Non Selective Weed 5-Bromo-3-sec-butyl-6-methyluracil & Grass Killer 000829±±00165 SA-50 Brand Home Garden Weed Granules Dimethyl tetrachloroterephthalate containing Dactha 001021±±00535 Personal Repellent Formula 5731 Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 001685±±00072 State Formula 254 IRS Insect Repellent Dipropyl isocinchomeronate Spray N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 002217±±00779 Bug Stop Lotion N,N-Diethyl-meta-toluamide and other isomers 002217±±00780 Bug Stop Pump Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 002596±±00120 Hartz Flea and Tick Repellent for Cats III N,N-Diethyl-meta-toluamide and other isomers (S-(R*,R*))-4-Chloro-alpha-(1-methylethyl)benzeneacetic acid, 002596±±00121 Hartz Flea and Tick Repellent for Dogs III N,N-Diethyl-meta-toluamide and other isomers (S-(R*,R*))-4-Chloro-alpha-(1-methylethyl)benzeneacetic acid, 002792±±00064 Deco Salt No. 35 2,6-Dichloro-4-nitroaniline 3-(3,5-Dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1- imidazolidinecarboxamide 003487±±00018 Eagles±7 Mange Treatment Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer Rotenone 004822±±00007 Off! Liquid Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00010 Off! Pressurized Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00160 Off! Formula III Liquid Spray Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00174 Off! Insect Repellent Formula VI N,N-Diethyl-meta-toluamide and other isomers 004822±±00197 6017 Formula 3 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00204 Johnson Wax 6017 F0rmula 7 Insect Repel- N,N-Diethyl-meta-toluamide and other isomers lent 004822±±00206 Formula 6099 #2 Insect Repellant N,N-Diethyl-meta-toluamide and other isomers 004822±±00215 Maximum Strength Deep Woods Off! N,N-Diethyl-meta-toluamide and other isomers 004822±±00216 Maximum Strength Deep Woods Off! II N,N-Diethyl-meta-toluamide and other isomers 004822±±00217 Johnson Wax Deep Woods Off! III N,N-Diethyl-meta-toluamide and other isomers 004822±±00239 6017 Formula 13 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00240 6017 Formula 14 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00241 6017 Formula 15 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00242 Formula 6099 #8 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00243 Formula 6099 #9 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00244 Formula 6099 #10 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 004822±±00253 Formula 6099 #12 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers

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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

004822±±00276 Maximum Strength Pump Spray Deep Woods N,N-Diethyl-meta-toluamide and other isomers Off! 004822±±00366 Off! Insect Repellent Formula 1990 #1 N,N-Diethyl-meta-toluamide and other isomers 004822±±00398 Unscented Deep Woods Off! for Sportsmen N,N-Diethyl-meta-toluamide and other isomers Insect Repellent 004822±±00401 Deep Woods Off Formula V111 N,N-Diethyl-meta-toluamide and other isomers 004822±±00416 Insect Repellent 1994 DJDL N,N-Diethyl-meta-toluamide and other isomers 004822±±00424 Off! Lotion Formula By N,N-Diethyl-meta-toluamide and other isomers 005481±±00236 Lindane 12 1/2% Concentrate Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 005481±±00237 Lindane 12 1/2% Insecticide Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 005481±±00251 Lindane 1±E Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 005481±±00310 20% Lindane E.C. Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 005481±±00319 Royal Brand Lindane 25±W Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 005905±±00487 Agco Methomyl 2 Insecticide Dust S-Methyl N-((methylcarbamoyl)oxy)thioacetimidate 006718±±00006 D±15 Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 009444±±00092 Baygon Crack & Crevice Insecticide o-Isopropoxyphenyl methylcarbamate 010107±±00004 All In 1 Turf 16=4=6 Dimethyl tetrachloroterephthalate 010107±±00082 Cornbelt Dacthal 5±G Dimethyl tetrachloroterephthalate 010707±±00013 Magnacide 4551 5-Chloro-2-methyl-3(2H)-isothiazolone 2-Methyl-3(2H)-isothiazolone 010806±±00086 Contact Insect Repellent Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 010807±±00125 Misty Anti-Crawl II Residual Insecticide o-Isopropoxyphenyl methylcarbamate N-Octyl bicycloheptene dicarboximide (Butylcarbityl)(6-propylpiperonyl) ether 80% and related compounds 20% Pyrethrins 010807±±00165 Amrep 5006 o-Isopropoxyphenyl methylcarbamate (Butylcarbityl)(6-propylpiperonyl) ether 80% and related compounds 20% Pyrethrins 010900±±00074 878 Insect Repellent Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 011556±±00114 Mira Insect Repellent Spray for Horses N,N-Diethyl-meta-toluamide and other isomers 012714±±00003 Golden Sun Feeds Hi Phos ``12'' Larvi-Ban 2-Chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate 013283±±00012 Rainbow Jungle Formula Insect Repellent Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 019713±±00308 Drexel Lindane 20% E.C. Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 019713±±00318 Southland Pearson 20% Borer Spray Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 019713±±00358 Falls Lindane 20% Emulsifiable Concentrate Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 028293±±00297 Martin's Cube Powder 5% Rotenone Rotenone Cube Resins other than rotenone

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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

028293±±00303 Martin's Bombane Jet Stream Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 028293±±00304 Martins US-EQ 335 Screw Worm Remedy for Lindane (Gamma isomer of benzene hexachloride) (99% pure Horses & Mules gamma isomer Pine oil 028293±±00319 Martin's Rotenone Powder Rotenone Cube Resins other than rotenone 034704±±00122 Clean Crop Lindane 25 Seed Treater Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 034704±±00219 Clean Crop Lindane 25wp Dyed Seed Treater Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 034704±±00220 Clean Crop Lindane 75 WP Undyed Seed Lindane (Gamma isomer of benzene hexachloride) (99% pure Treater gamma isomer 034704±±00513 Dicofol 4EC 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 034704±±00673 Lindane 400 Undyed Flowable Liquid Lindane (Gamma isomer of benzene hexachloride) (99% pure gamma isomer 034704±±00720 Dichlorobenil 2G 2,6-Dichlorobenzonitrile 034704±±00758 Best Garden Weeder Dimethyl tetrachloroterephthalate 046515±±00046 Insect Repellent 3 N,N-Diethyl-meta-toluamide and other isomers 054287±±00005 Mosquito Guard N,N-Diethyl-meta-toluamide and other isomers 054287±±00006 Insect Guard N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 054287±±00008 Insect Guard II Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 054287±±00011 Deet Plus Insect Repellent Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 054287±±00012 Deet Plus Composite Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 055500±±00001 Z-Stop Zinc 056575±±00009 Bens Backyard Formula Tick and Insect Re- Dipropyl isocinchomeronate pellent N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers 056575±±00010 Ben's Wilderness 50% Formula Tick & Insect N,N-Diethyl-meta-toluamide and other isomers Repellent 062719±±00309 Chlorpyrifos Technical O,O-Diethyl O-(3,5,6-trichloro-2-pyridyl) phosphorothioate 068891 WA±±89±±0009 Enquik Urea, sulfate (1:1) (8CI, 9CI) (CA INDEX NAME) 069421±±00028 Screen Insect Repellent N,N-Diethyl-meta-toluamide and other isomers 069421±±00053 Black Flag Insect Repellent Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide N,N-Diethyl-meta-toluamide and other isomers

Unless a request is withdrawn by the registrant within 180 days of publication of this notice, orders will be issued cancelling all of these registrations. Users of these pesticides or anyone else desiring the retention of a registration should contact the applicable registrant directly during this 180-day period. The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA Company Number.

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TABLE 2ÐREGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA Com- Company Name and Address pany No.

000099 Watkins, Inc., 150 Liberty Street, Winona, MN 55987. 000100 Novartis Crop Protection, Inc., Box 18300, Greensboro, NC 27419. 000121 Spectrum, A Div of United Industries Corp., Box 15842, St. Louis, MO 63114. 000241 American Cyanamid Co., Agri Research Div - U.S. Regulatory Affair, Box 400, Princeton, NJ 08543. 000264 Rhone-Poulenc Ag Co., Box 12014, Research Triangle Park, NC 27709. 000279 FMC Corp., Agricultural Products Group, 1735 Market St., Philadelphia, PA 19103. 000334 Hysan/AMP, A Division of Specialty Chemical Resource, 9055 Freeway Drive, Macedonia, OH 44056. 000400 Uniroyal Chemical Co., Inc., 74 Amity Rd., Bethany, CT 06524. 000407 Imperial Inc., Attn: Gene R. Currie, Box 536, Hampton, IA 50441. 000478 Realex, Div of United Industries Corp., Box 15842, St. Louis, MO 63114. 000524 Monsanto Co., Agent For: Monsanto Agricultural Co., 600 13th Street, NW., Suite 660, Washington, DC 20005. 000538 The Scotts Co., 14111 Scottslawn Rd., Marysville, OH 43041. 000655 Prentiss Inc., C.B. 2000, Floral Park, NY 11001. 000707 Rohm & Haas Co., Attn: Robert H. Larkin, 100 Independence Mall W., Philadelphia, PA 19106. 000769 Sureco Inc., An Indirect Subsidiary of Verdant Brands, 9555 James Ave., South, Suite 200, Bloomington, MN 55431. 000829 Southern Agricultural Insecticides, Inc., Box 218, Palmetto, FL 34220. 001021 McLaughlin Gormley King Co., 8810 Tenth Ave., North, Minneapolis, MN 55427. 001685 The State Chemical Mfg. Co., 3100 Hamilton Ave, Cleveland, OH 44114. 002217 PBI/Gordon Corp., Attn: Craig Martens, Box 014090, Kansas City, MO 64101. 002596 Hartz Mountain Corp., 400 Plaza Dr., Secaucus, NJ 07094. 002792 ELF Atochem N.A. Inc., Decco Division, 1713 S. California Ave, Monrovia, CA 91017. 003487 Bacon Products Co., Inc., Box 22187, Chattanooga, TN 37422. 004822 S.C. Johnson & Son Inc., 1525 Howe Street, Racine, WI 53403. 005481 AMVAC Chemical Corp., Attn: Jon C. Wood, 2110 Davie Ave., Commerce, CA 90040. 005905 Helena Chemical Co., 6075 Poplar Ave., Suite 500, Memphis, TN 38119. 006718 Amway Corp., Technical/Regulatory Support Services, 7575 E. Fulton Rd., Ada, MI 49335. 009444 Waterbury Companies Inc., Box 640, Independence, LA 70443. 010107 Van Diest Supply Co., 1434 220th Street, Box 610, Webster City, IA 50595. 010707 Baker Petrolite Corp., Box 5050, Sugarland, TX 77487. 010806 Contact Industries, Div. of Safeguard Chemical Corp., 411 Wales Ave, Bronx, NY 10454. 010807 AMREP, Inc., 990 Industrial Dr., Marietta, GA 30062. 010900 Sherwin-Williams Diversified Brands Inc., 31500 Solon Rd., Solon, OH 44139. 011556 Bayer Corp., Agriculture Division, Animal Health, Box 390, Shawnee Mission, KS 66201. 012714 Golden Sun Feeds Inc., Highway 4 South, Estherville, IA 51334. 013283 Regwest Co., Agent For: Rainbow Technology Corp., Box 2220, Greeley, CO 80632. 019713 Drexel Chemical Co., 1700 Channel Ave., Box 13327, Memphis, TN 38113. 028293 Unicorn Laboratories, 12385 Automobile Blvd., Clearwater, FL 33762. 034704 Cherie Garner, Agent For: Platte Chemical Co., Inc., Box 667, Greeley, CO 80632. 046515 Celex, Division of United Industries Corp., Box 15842, St. Louis, MO 63114. 054287 Regwest Co., Agent For: Associated Registrations, Box 2220, Greeley, CO 80632. 055500 WESPAC Enterprises Inc., Box 46337, Seattle, WA 98146. 056575 Tender Corp., Littleton Industrial Park, Box 290, Littleton, NH 03561. 062719 Dow Agrosciences LLC, 9330 Zionsville Rd., 308/3E, Indianapolis, IN 46268. 068891 Entek Corp., 1912 E. Lemon Heights Drive, Santa Ana, CA 92705. 069421 Black Flag Insect Control Systems, c/o PS & RC, Box 493, Pleasanton, CA 94566.

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III. Procedures for Withdrawal of effective date of the cancellation action. pesticide chemicals in or on various Request Unless the provisions of an earlier order food commodities. Registrants who choose to withdraw a apply, existing stocks already in the DATES: Comments, identified by the request for cancellation must submit hands of dealers or users can be docket control number PF–874, must be such withdrawal in writing to James A. distributed, sold or used legally until received on or before June 25, 1999. Hollins, at the address given above, they are exhausted, provided that such ADDRESSES: By mail submit written postmarked before November 22, 1999. further sale and use comply with the comments to: Public Information and This written withdrawal of the request EPA-approved label and labeling of the Records Integrity Branch, Information for cancellation will apply only to the affected product(s). Exceptions to these Resources and Services Division applicable 6(f)(1) request listed in this general rules will be made in specific (7502C), Office of Pesticides Programs, notice. If the product(s) have been cases when more stringent restrictions Environmental Protection Agency, 401 subject to a previous cancellation on sale, distribution, or use of the M St., SW., Washington, DC 20460. In action, the effective date of cancellation products or their ingredients have person bring comments to: Rm. 119, CM and all other provisions of any earlier already been imposed, as in Special #2, 1921 Jefferson Davis Highway, cancellation action are controlling. The Review actions, or where the Agency Arlington, VA. withdrawal request must also include a has identified significant potential risk Comments and data may also be commitment to pay any reregistration concerns associated with a particular submitted electronically to: opp- fees due, and to fulfill any applicable chemical. [email protected]. Follow the instructions under ‘‘SUPPLEMENTARY unsatisfied data requirements. List of Subjects INFORMATION.’’ No confidential IV. Provisions for Disposition of Environmental protection, Pesticides business information should be Existing Stocks and pests, Product registrations. submitted through e-mail. The effective date of cancellation will Dated: May 13, 1999. Information submitted as a comment concerning this document may be be the date of the cancellation order. Richard D. Schmitt, The orders effecting these requested claimed confidential by marking any Acting Director, Information Resources and cancellations will generally permit a part or all of that information as Services Division, Office of Pesticide ‘‘Confidential Business Information’’ registrant to sell or distribute existing Programs. stocks for 1 year after the date the (CBI). CBI should not be submitted cancellation request was received. This [FR Doc. 99–13378 Filed 5–25–99; 8:45 am] through e-mail. Information marked as policy is in accordance with the BILLING CODE 6560±50±F CBI will not be disclosed except in Agency’s statement of policy as accordance with procedures set forth in prescribed in Federal Register (56 FR 40 CFR part 2. A copy of the comment ENVIRONMENTAL PROTECTION 29362) June 26, 1991; [FRL 3846–4]. that does not contain CBI must be AGENCY Exceptions to this general rule will be submitted for inclusion in the public made if a product poses a risk concern, [PF±874; FRL±6081±3] record. Information not marked or is in noncompliance with confidential may be disclosed publicly reregistration requirements, or is subject Notice of Filing of Pesticide Petitions by EPA without prior notice. All written comments will be available for public to a data call-in. In all cases, product- AGENCY: Environmental Protection inspection in Rm. 119 at the address specific disposition dates will be given Agency (EPA). in the cancellation orders. given above, from 8:30 a.m. to 4 p.m., ACTION: Notice. Existing stocks are those stocks of Monday through Friday, excluding legal registered pesticide products which are SUMMARY: This notice announces the holidays. currently in the United States and initial filing of pesticide petitions FOR FURTHER INFORMATION CONTACT: The which have been packaged, labeled, and proposing the establishment of product manager listed in the table released for shipment prior to the regulations for residues of certain below:

Product Manager Office location/telephone number Address

JoAnne Miller ...... Rm. 237, CM #2, 703±305±6224, e-mail:[email protected]. 1921 Jefferson Davis Hwy, Ar- lington, VA Bipin C. Gandhi ...... Rm. 707A, CM #2, 703±305±7740, e-mail: [email protected]. Do.

SUPPLEMENTARY INFORMATION: EPA has petition. Additional data may be needed record is located at the address in received pesticide petitions as follows before EPA rules on the petition. ‘‘ADDRESSES’’ at the beginning of this proposing the establishment and/or The official record for this notice of document. amendment of regulations for residues filing, as well as the public version, has Electronic comments can be sent of certain pesticide chemicals in or on been established for this notice of filing directly to EPA at: various food commodities under section under docket control number [PF–874] [email protected] 408 of the Federal Food, Drug, and (including comments and data Comestic Act (FFDCA), 21 U.S.C. 346a. submitted electronically as described Electronic comments must be EPA has determined that these petitions below). A public version of this record, submitted as an ASCII file avoiding the contain data or information regarding including printed, paper versions of use of special characters and any form the elements set forth in section electronic comments, which does not of encryption. Comments and data will 408(d)(2); however, EPA has not fully include any information claimed as CBI, also be accepted on disks in evaluated the sufficiency of the is available for inspection from 8:30 Wordperfect 5.1 file format or ASCII file submitted data at this time or whether a.m. to 4 p.m., Monday through Friday, format. All comments and data in the data supports granting of the excluding legal holidays. The official electronic form must be identified by

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28481 the docket control number [PF-874] and evaluated the sufficiency of the trash indicated a tolerance of 5.0 ppm appropriate petition number. Electronic submitted data at this time or whether needed to be established for metolachlor comments this on notice may be filed the data supports granting of the in this raw agricultural commodity online at many Federal Depository petition. Additional data may be needed (RAC). Libraries. before EPA rules on the petition. B. Toxicological Profile List of Subjects A. Residue Chemistry 1. Acute toxicity. Metolachlor has a Environmental protection, 1. Plant metabolism. The qualitative low order of acute toxicity. The Agricultural commodities, Food nature of the metabolism of metolachlor combined rat oral LD50 is 2,877 additives, Feed additives, Pesticides and in plants is well understood. milligrams/kilograms (mg/kg). The acute pests, Reporting and recordkeeping Metabolism in plants involves rabbit dermal LD50 is > 2,000 mg/kg and requirements. conjugation of the chloroacetyl side the rat inhalations LC50 is > 4.33 chain with glutathione, with subsequent milligrams per liter (mg/L). Metolachlor Dated: May 13, 1999. conversion to the cysteine and thiolactic is not irritating to the skin and eye. It James Jones, acid conjugates. Oxidation to the was shown to be positive in guinea pigs corresponding sulfoxide derivatives for skin sensitization. End use Director, Registration Division, Office of occurs and cleavage of the side chain formulations of metolachlor also have a Pesticide Programs. ether group, followed by conjugation low order of acute toxicity and cause Summaries of Petitions with glucose. slight skin and eye irritation. Petitioner summaries of the pesticide 2. Analytical method. Novartis has 2. Genotoxicity. Assays for petitions are printed below as required submitted a practical analytical method genotoxicity were comprised of tests by section 408(d)(3) of the FFDCA. The involving extraction by acid reflux, evaluating metolachlor’s potential to summaries of the petitions were filtration, partition and cleanup with induce point mutations (Salmonella prepared by the petitioners and analysis by gas chromatography using assay and an L5178/TK+/- mouse represent the views of the petitioners. Nitrogen/Phosphorous (N/P) detection. lymphoma assay), chromosome EPA is publishing the petition The methodology converts residues of aberrations (mouse micronucleus and a summaries verbatim without editing metolachlor into a mixture of CGA- dominant lethal assay) and the ability to them in any way. The petition summary 37913 and CGA-49751. The limit of induce either unscheduled or scheduled announces the availability of a quantitation (LOQ) for the method is DNA synthesis in rat hepatocytes or 0.03 ppm for CGA-37913 and 0.05 ppm description of the analytical methods DNA damage or repair in human for CGA-49751. fibroblasts. The results indicate that available to EPA for the detection and 3. Magnitude of residues—i. metolachlor is not mutagenic or measurement of the pesticide chemical Sunflower. A total of 15 residue trials clastogenic and does not provoke residues or an explanation of why no were conducted in major sunflower unscheduled DNA synthesis. such method is needed. growing areas of the United States. 3. Reproductive and developmental 1. Novartis Crop Protection, Inc. Applications were made at 1- and 2x the toxicity. The developmental and maximum labeled rate of 3.0 lbs. ai/A teratogenic potential of metolachlor was PP 7F4897 (metolachlor). Processing was also investigated in rats and rabbits. The EPA has received an amended conducted with seeds processed into results indicate that metolachlor is not pesticide petition (7F4897) from meal, hulls, crude oil, refined oil and embryotoxic or teratogenic in either Novartis Crop Protection, Inc., P.O. Box soapstock. Based on these studies, species at maternally toxic doses. The 18300, Greensboro, NC 27419 tolerances are proposed in sunflower no-observed adverse effect level proposing, pursuant to section 408(d) of seed at 0.5 ppm and in sunflower meal (NOAEL) for developmental toxicity for the FFDCA, 21 U.S.C. 346a(d), to amend at 1.0 ppm. metolachlor was 360 mg/kg/day for both 40 CFR part 180.368 by establishing and ii. Sugarbeets. Eleven sugar beet trials the rat and rabbit, while the NOAEL for amending current tolerances for were conducted using six different maternal toxicity was established at 120 residues of metolachlor (2-chloro-N-(2- treatment scenarios. The maximum 1x mg/kg/day in the rabbit and 360 mg/kg/ ethyl-6-methylphenyl)-N-(2-methoxy-1- use rate was 4.0 lbs. active ingredient day in the rat. A 2-generation methylethyl)acetamide and its (ai)/A of S-metolachlor applied preplant reproduction study was conducted with metabolites, determined as the surface or preplant incorporated (1.33 metolachlor in rats at feeding levels of derivatives, 2-[(2-ethyl-6- lbs. ai/A) plus a post foliar spray (2.66 0, 30, 300 and 1,000 ppm. The methylphenyl)amino]-1-propanol and 4- lbs. ai/A). 3x and 5x treatments were reproductive NOAEL of 300 ppm (2-ethyl-6-methylphenyl)-2-hydroxy-5- also conducted. Maximum residues at (equivalent to 23.5 to 26 mg/kg/day) was methyl-3-morpholinone, each expressed the 1x rate were 14 ppm in sugar beet based upon reduced pup weights in the as the parent compound, in or on the tops and 0.32 ppm in sugar beet roots. F1a and F2a litters at the 1,000 ppm raw agricultural commodities sunflower Using theoretical animal diets, Novartis dose level (equivalent to 75.8 to 85.7 seed at 0.5 parts per million (ppm); determined that current tolerances for mg/kg/day). The NOAEL for parental sunflower meal at 1.0 ppm; sugar beet metolachlor in kidney and liver may not toxicity was equal to or greater than the tops at 15.0 ppm; sugar beet roots at 0.5 be adequate to cover residues resulting 1,000 ppm dose level. ppm; sugar beet dried pulp at 1.0 ppm; from the feeding of sugar beet tops in 4. Subchronic toxicity. Metolachlor sugar beet molasses at 3.0 ppm; cotton combination with peanut hay and was evaluated in a 21-day dermal gin trash at 5.0 ppm; liver (of goats, sorghum grain. In the processing study, toxicity study in the rabbit and a 6- hogs, horses, sheep, cattle) at 0.1 ppm it was determined that tolerances would month dietary study in dogs; NOAELs of and kidney (of goats, hogs, horses, be required in dried pulp and molasses, 100 mg/kg/day and 7.5 mg/kg/day were sheep, cattle) at 0.5 ppm. EPA has but not in refined sugar. established in the rabbit and dog, determined that the petition contains iii. Cotton. Results of data submitted respectively. The liver was identified as data or information regarding the September 1998, to address an EPA the main target organ. Metolachlor was elements set forth in section 408(d)(2) of request for residue data to determine also recently evaluated in a new 90-day the FFDCA; however, EPA has not fully residues of metolachlor in cotton gin subchronic feeding study in rats. The

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NOAEL was defined as 300 ppm, resulting from the addition of the uses 2. Non-dietary exposure. Although corresponding to average daily intakes on sunflowers and sugarbeets was also metolachlor may be used on turf and of 20.2 mg/kg body weight (bwt) in included by conservatively assuming ornamentals in a residential setting, that males and 23.4 mg/kg bwt in females. that exposure would occur at the use represents less than 0.1% of the 5. Chronic toxicity. A 1 year dog study proposed tolerance levels with 100% of total herbicide market for residential was conducted at dose levels of 0, 3.3, the crop treated. turf and landscape uses. No indoor uses 9.7, or 32.7 mg/kg/day. The reference i. Food. The TMRC is obtained by of metolachlor are registered. Currently, dose (RfD) for metolachlor is based on multiplying the tolerance level residue there are no acceptable, reliable the 1 year dog study with a NOAEL of for all these RAC by the consumption exposure data available to assess any 9.7 mg/kg/day. The RfD for metolachlor data which estimates the amount of potential risks. However, given the is established at 0.1 mg/kg/day using a these products consumed by various small amount of material that is used, it 100-fold uncertainty factor. A combined population subgroups. Some of these is concluded that the potential for non- chronic toxicity/oncogenicity study was RAC (e.g. corn forage and fodder, peanut occupational exposure to the general also conducted in rats at dose levels of hay, sunflower meal, sugarbeet tops) are population is unlikely. EPA has 0. 1.5, 15 or 150 mg/kg/day. The NOAEL fed to animals; thus exposure of humans identified a toxicity endpoint for for systemic toxicity was 15 mg/kg/day. to residues in these fed commodities intermediate-term residential risks. 6. Animal metabolism. In animals, might result if such residues are Based on the high level of this endpoint metolachlor is rapidly metabolized and transferred to meat, milk, poultry, or (NOAEL of 100 mg/kg/day and lowest- almost totally eliminated in the excreta eggs. Therefore, tolerances of 0.02 ppm observed adverse effect level (LOAEL) of of rats, goats, and poultry. Metabolism for milk, meat and eggs and 0.2 ppm for 1,000 mg/kg/day from the 21-day in animals proceeds through common kidney and 0.05 ppm for liver have been dermal toxicity study in rabbits), EPA Phase 1 intermediates and glutathione previously established for metolachlor. has said it does not expect the conjugation. Based upon theoretical diets intermediate-term aggregate risk to 7. Metabolite toxicology. The constructed from the sugar beet residue exceed the level of concern. metabolism of metolachlor has been data, Novartis is proposing raising the well characterized in standard Federal tolerances in kidney (0.5 ppm) and liver D. Cumulative Effects Insecticide, Fungicide, and Rodenticide (0.1 ppm) to cover any transfer of The potential for cumulative effects of Act (FIFRA) rat metabolism studies. The residues to animals that may occur from metolachlor and other substances that metabolites found are considered to be the feeding of treated sugar beet tops. In have a common mechanism of toxicity toxicologically similar to parent. conducting this exposure assessment, it has also been considered. It is Metolachlor does not readily undergo has been conservatively assumed that concluded that consideration of a dealkylation to form an aniline or 100% of all RAC for which tolerances common mechanism of toxicity with quinone imine as has been reported for have been established or proposed in other registered pesticides in this other members of the chloroacetanilide this petition for metolachlor will chemical class (chloroacetamides) is not class of chemicals. Therefore, it is not contain metolachlor residues and those appropriate. Since EPA itself has stated appropriate to include metolachlor with residues would be at the level of the that the carcinogenic potential of the group of chloroacetanilides that tolerance, which results in an over metolachlor is not the same as other readily undergo dealkylation, producing estimation of human exposure. registered chloroacetamide herbicides, a common toxic metabolite (quinone ii. Drinking water. Another potential based on differences in rodent imine). source of exposure of the general metabolism (EPA Peer Review of 8. Endocrine disruption. Metolachlor population to residues of pesticides are metolachlor, 1994), it is believed that does not belong to a class of chemicals residues in drinking water. metolachlor should only be considered known or suspected of having adverse Environmental fate studies show that in an aggregate exposure assessment and effects on the endocrine system. There metolachlor appears to be moderately not a cumulative assessment. is no evidence that metolachlor has any persistent and ranges from being mobile E. Safety Determination effect on endocrine function in to highly mobile in different soils. Based developmental or reproduction studies. on experience with metolachlor, it is 1. U.S. population. Using the Furthermore, histological investigation believed metolachlor will be conservative exposure assumptions of endocrine organs in the chronic dog, infrequently found in drinking water described above, based on the the rat and mouse studies conducted with sources, and when found, will be in the completeness and reliability of the metolachlor did not indicate that the low parts per billion (ppb) range. toxicity data, it is concluded that endocrine system is targeted by Metolachlor is not yet regulated under aggregate exposure to metolachlor metolachlor, even at maximally the Safe Drinking Water Act; therefore, (including the proposed uses) in food tolerated doses administered for a no maximum contaminant level (MCL) will utilize 2.06% of the RfD for the U.S. lifetime. Although residues of has been established for it. A 1-10 day population. EPA generally has no metolachlor have been found in RAC, Health Advisory Level has been concern for exposures below 100% of there is no evidence that metolachlor established at 2,000 ppb and a Lifetime the RfD because the RfD represents the bioaccumulates in the environment. Health Advisory Level has been level at or below which daily aggregate established at 100 ppb. It is not likely dietary exposure over a lifetime will not C. Aggregate Exposure that maximum or average pose appreciable risks to human health. 1. Dietary exposure. For purposes of concentrations of metolachlor will Despite the potential for exposure to assessing the potential dietary exposure exceed the 1-10 day HA levels or that metolachlor in drinking water and from to metolachlor, aggregate exposure has annual average metolachlor non-dietary, non-occupational been estimated based on the theoretical concentrations will exceed the lifetime exposures, it is not expected that maxium residue contribution (TMRC) HA of 100 ppb. In addition, through the aggregate exposure from all sources will from the use of metolachlor in or on reregistration process, Novartis has exceed 100% of the RfD. Therefore, one RAC for which tolerances have been amended its labels to include further can conclude there is a reasonable previously established (40 FR 180.368). protections to minimize ground and certainty that no harm will result from The incremental effect on dietary risk surface water contamination. aggregate exposure to metolachlor.

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2. Infants and children. In assessing observed at a dose that is nearly 10 growing agricultural crops in or on the the potential for additional sensitivity of times greater than the NOAEL in the RAC after harvest or to animals at ppm. infants and children to residues of chronic dog study (9.7 mg/kg/day), EPA has determined that the petition metolachlor, data from developmental suggest there is no additional sensitivity contains data or information regarding toxicity studies in the rat and rabbit and for infants and children. Therefore, it is the elements set forth in section a 2-generation reproduction study in the concluded that an additional 408(d)(2) of the FFDCA; however, EPA rat have been considered. The uncertainty factor is not warranted to has not fully evaluated the sufficiency developmental toxicity studies are protect the health of infants and of the submitted data at this time or designed to evaluate adverse effects on children and that the RfD at 0.1 mg/kg/ whether the data supports granting of the developing organism resulting from day based on the chronic dog study is the petition. Additional data may be chemical exposure during prenatal appropriate for assessing aggregate risk needed before EPA rules on the petition. development to one or both parents. to infants and children from use of A. Toxicological Profile Reproduction studies provide metolachlor. information relating to effects from Using the conservative exposure In the case of certain chemical exposure to a chemical on the assumptions described above, the substances that are defined as reproductive capability of mating percent of the RfD that will be utilized ‘‘polymers,’’ the Agency has established animals and data on systemic toxicity. by aggregate exposure to residues of a set of criteria which identify categories Developmental toxicity (reduced metolachlor is 1.27% for nursing infants of polymers that present low risk. These mean fetal bwt, reduced number of less than 1 year old, 4.13% for non- criteria (described in 40 CFR 723.250) implantations/dam with resulting nursing infants, 4.42% for children 1-6 identify polymers that are relatively decreased litter size, and a slight years old and 3.26% for children 7-12 unreactive and stable compounds increase in resorptions/dam with a years old. EPA generally has no concern compared to other chemical substances resulting increase in post-implantation for exposures below 100% of the RfD as well as polymers that typically are loss) was observed in studies conducted because the RfD represents the level at not readily absorbed. These properties with metolachlor in rats and rabbits. or below which daily aggregate dietary generally limit a polymer’s ability to The NOAEL’s for developmental effects exposure over a lifetime will not pose cause adverse effects. In addition, these in both rats and rabbits were established appreciable risks to human health. criteria exclude polymers about which at 360 mg/kg/day. The developmental Despite the potential for exposure to little is known. The Agency believes effect observed in the metolachlor rat metolachlor in drinking water and from that polymers meeting the criteria noted study is believed to be a secondary non-dietary, non-occuptional exposure, above will present minimal or no risk. effect resulting from maternal stress it is not expected that aggregate Alpha-alkyl (C12 - C18)-ω- (lacrimation, salivation, decreased bwt exposure from all sources will exceed hydroxypoly(oxypropylene) gain and food consumption and death) 100% of the RfD. Therefore, based on poly(oxyethylene) copolymers observed at the limit dose of 1,000 mg/ the completeness and reliability of the (where the poly(oxypropylene) content kg/day. toxicity data and the conservative is 3-60 moles and the poly(oxyethylene) A 2-generation reproduction study exposure assessment, it is concluded content is 5-80 moles) conform to the was conducted with metolachlor at there is a reasonable certainty that no definition of a polymer given in 40 CFR feeding levels of 0, 30, 300 and 1,000 harm will result to infants and children 723.250(b) and meet the following ppm. The reproductive NOAEL of 300 from aggregate exposure to metolachlor criteria that are used to identify low risk ppm (equivalent to 23.5 to 26 mg/kg/ residues. polymers. day) was based upon reduced pup ω weights in the F1a and F2a litters at the F. International Tolerances 1. Alpha-alkyl (C12 - C18)- - 1,000 ppm dose level (equivalent to 75.8 hydroxypoly(oxypropylene) There are no Codex Alimentarius poly(oxyethylene) copolymers to 85.7 mg/kg/day). The NOAEL for Commission (CODEX) maximum parental toxicity was equal to or greater (where the poly(oxypropylene) content residue levels (MRL’s) established for is 3-60 moles and the poly(oxyethylene) than the 1,000 ppm dose level. residues of metolachlor in or on RAC. FFDCA section 408 provides that EPA content is 5-80 moles) are not cationic may apply an additional safety factor for 2. Omnichem S.A., Industrial Research polymers, nor are they capable of infants and children in the case of Park, 1348 Louvain-La-Neuve, Belgium becoming a cationic polymer in the threshold effects to account for pre- and natural aquatic environment. PP 8E4950 ω postnatal toxicity and the completeness 2. Alpha-alkyl (C12 - C18)- - of the data base. Based on the current EPA has received a pesticide petition hydroxypoly(oxypropylene) toxicological data requirements, the data (8E4950) from Omnichem S.A., poly(oxyethylene) copolymers base relative to pre- and postnatal Industrial Research Park, 1348 Louvain- (where the poly(oxypropylene) content effects for children is complete. Further, La-Neuve, Belgium proposing, pursuant is 3-60 moles and the poly(oxyethylene) for the chemical metolachlor, the to section 408(d) of the Federal Food, content is 5-80 moles) contains as an NOAEL of 9.7 mg/kg/day from the Drug, and Cosmetic Act (FFDCA), 21 integral part of their composition the metolachlor chronic dog study, which U.S.C. 346a(d), to amend 40 CFR part atomic elements carbon, hydrogen, and was used to calculate the RfD (discussed 180 to establish an exemption from the oxygen. above), is already lower than the requirement of a tolerance for a range of 3. Alpha-alkyl (C12 - C18)-ω- developmental NOAELs of 360 mg/kg/ α-alkyl (C12 - C18 )-ω- hydroxypoly(oxypropylene) day from the metolachlor teratogenicity hydroxypoly(oxypropylene) poly(oxyethylene) copolymers studies in rats and rabbits. With regard poly(oxyethylene) copolymers (where the poly(oxypropylene) content to the metolachlor reproduction study, (where the poly(oxypropylene) content is 3-60 moles and the poly(oxyethylene) the lack of severity of the pup effects is 3-60 moles and the poly(oxyethylene) content is 5-80 moles) do not contain as observed (decreased bwt) in the content is 5-80 moles) when used in an integral part of their composition, reproduction study at the systemic accordance with good agricultural except as impurities, any element other LOAEL (equivalent to 75.8 to 85.7 mg/ practices as an inert ingredient in than those listed in 40 CFR kg/day) and the fact that the effects were pesticide formulations applied to 723.250(d)(2)(iii).

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4. Alpha-alkyl (C12 - C18)-ω- hydroxypoly(oxypropylene) intact skin and substances with hydroxypoly(oxypropylene) poly(oxyethylene) copolymers molecular weights greater than 1,000 are poly(oxyethylene) copolymers (where the poly(oxypropylene) content not normally absorbed through the (where the poly(oxypropylene) content is 3-60 moles and the poly(oxyethylene) intact GI tract. Chemicals not absorbed is 3-60 moles and the poly(oxyethylene) content is 5-80 moles) are endocrine through the skin or GI tract generally are content is 5-80 moles) are not designed, disrupters, whereas substances with incapable of eliciting a toxic response. nor are they reasonably anticipated to molecular weights greater than 400 Therefore, there are no reasonable substantially degrade, decompose or generally are not absorbed through the expectations of increased risk due to depolymerize. intact skin, and substances with cumulative exposure. 5. Alpha-alkyl (C12 - C18)-ω- molecular weights greater than 1,000 D. Safety Determination hydroxypoly(oxypropylene) normally are not absorbed through the poly(oxyethylene) copolymers intact gastrointestinal tract (GI). 1. U.S. population. Alpha-alkyl (C12 - ω (where the poly(oxypropylene) content Chemicals not absorbed through the C18)- - hydroxypoly(oxypropylene) is 3-60 moles and the poly(oxyethylene) skin or GI tract usually are incapable of poly(oxyethylene) copolymers content is 5-80 moles) are not eliciting a toxic response. (where the poly(oxypropylene) content manufactured or imported from B. Aggregate Exposure is 3-60 moles and the poly(oxyethylene) monomers and/or other reactants that 1. Dietary exposure. Alpha-alkyl (C12 content is 5-80 moles) cause no safety are not already included on the TSCA - C18)- ω- hydroxypoly(oxypropylene) concerns because they conform to the Chemical Substance Inventory or poly(oxyethylene) copolymers definition of a low risk polymer given manufactured under an applicable (where the poly(oxypropylene) content in 40 CFR 723.250(b) and as such are TSCA section 5 exemption. considered incapable of eliciting a toxic ω is 3-60 moles and the poly(oxyethylene) 6. Alpha-alkyl (C12 - C18)- - content is 5-80 moles) are not absorbed response. Also, there are no additional hydroxypoly(oxypropylene) through the intact GI tract and are pathways of exposure (non- poly(oxyethylene) copolymers considered incapable of eliciting a toxic occupational, drinking water, etc.) (where the poly(oxypropylene) content response. where there would be additional risk. is 3-60 moles and the poly(oxyethylene) i. Food. Alpha-alkyl (C12 - C18)-ω- 2. Infants and children. Alpha-alkyl content is 5-80 moles) are not a water hydroxypoly(oxypropylene) (C12 - C18)-ω- absorbing polymer with a number poly(oxyethylene) copolymers hydroxypoly(oxypropylene) average molecular weight greater than or (where the poly(oxypropylene) content equal to 10,000 daltons. poly(oxyethylene) copolymers is 3-60 moles and the poly(oxyethylene) 7. The minimum number-average (where the poly(oxypropylene) content content is 5-80 moles) are not absorbed is 3-60 moles and the poly(oxyethylene) molecular weight of α-alkyl (C12- C 18)- through the intact GI tract and are ω- hydroxypoly(oxypropylene) content is 5-80 moles) cause no considered incapable of eliciting a toxic poly(oxyethylene) copolymers aditional concern to infants and (where the poly(oxypropylene) content response. children because the polymers conform is 3-60 moles and the poly(oxyethylene) ii. Drinking water. Even though some to the definition of a low risk polymer content is 5-80 moles) is 1,517 daltons. members of this family of polymers are given in 40 FR 723.250(b) and as such Substances with molecular weights water soluble, the high binding capacity are considered incapable of eliciting a greater than 400 generally are not to clay particles renders them immobile. toxic response. Also, there are no absorbed through the intact skin, and Based upon the high binding to clay of additional pathways of exposure (non- α ω substances with molecular weights -alkyl (C12 - C18)- - occupational, drinking water, etc.) greater than 1,000 normally are not hydroxypoly(oxypropylene) where infants and children would be absorbed through the intact poly(oxyethylene) copolymers additional risk. (where the poly(oxypropylene) content gastrointestinal (GI) tract. Chemicals not E. International Tolerances absorbed through the skin or GI tract is 3-60 moles and the poly(oxyethylene) content is 5-80 moles,) there is no We are not aware of any country usually are incapable of eliciting a toxic α response. reason to expect human exposure to requiring a tolerance for -alkyl (C12 - C18)-ω- hydroxypoly(oxypropylene) 8. Alpha-alkyl (C12 - C18)-ω- residues in drinking water. The hydroxypoly(oxypropylene) copolymers are biodegraded in the poly(oxyethylene) copolymers poly(oxyethylene) copolymers environment over time into small (where the poly(oxypropylene) content (where the poly(oxypropylene) content molecular units that are easily is 3-60 moles and the poly(oxyethylene) is 3-60 moles and the poly(oxyethylene) mineralized into the soil matrix or content is 5-80 moles). Nor have there content is 5-80 moles) has a range of utilized by the microbial populations. been any CODEX Maximum Residue molecular weights from a minimum of These small molecular units are Levels (MRLs) established for any food 1,517 to a maximum or 4,540 and considered to be toxicologically safe. crops at this time. α contains less than 2% oligomeric 2. Non-dietary exposure. Typical use Omnichem SA is petitioning that - ω material below molecular weight 500 of this type of polymer is in the alkyl (C12 - C18)- - and less than 5% oligomeric material detergent formulations. hydroxypoly(oxypropylene) below 1,000 molecular weight. C. Cumulative Effects poly(oxyethylene) copolymers 9. Alpha-alkyl (C12 - C18)-ω- There are data that support (where the Poly(oxypropylene) content hydroxypoly(oxypropylene) cumulative risk from α-alkyl (C12 - C18)- is 3-60 moles and the poly(oxyethylene) poly(oxyethylene) copolymers ω- hydroxypoly(oxypropylene) content is 5-80 moles) be exempt from (where the poly(oxypropylene)content poly(oxyethylene) copolymers the requirement of a tolerance based is 3-60 moles and the poly(oxyethylene) (where the poly(oxypropylene) content upon the low risk polymer definition as content is 5-80 moles) does not contain is 3-60 moles and the poly(oxyethylene) per 40 CFR 723.250. Therefore, an reactive functional groups. content is 5-80 moles), since polymers analytical method to determine residues 10. There is no evidence that α-alkyl with molecular weights greater than 400 of α-alkyl (C12 - C18)-ω- hydroxypoly (C12 - C18)- ω- are not readily absorbed through the (oxypropylene)

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28485 poly(oxyethylene) copolymers in RAC submitted electronically as described has not been proposed. below). This record not only includes [FR Doc. 99–13035 Filed 5–25–99; 8:45 am] Examples the documents that are physically of poten- located in the docket, but also includes BILLING CODE 6560±50±F Categories NAICS tially af- fected enti- all the documents that are referenced in ties those documents. Public versions of ENVIRONMENTAL PROTECTION these records, including printed, paper AGENCY Pesticide 32532 Pesticide versions of any electronic comments, pro- manufac- which do not include any information ducers turers claimed as Confidential Business [OPP±00600; FRL±6081±6] Pesticide Information (CBI), are available for formula- inspection in Rm. 119, Crystal Mall #2, Pesticides; Policy Issues Related to tors the Food Quality Protection Act 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., This listing is not intended to be Monday through Friday, excluding legal AGENCY: Environmental Protection exhaustive, but rather provides a guide holidays. The Public Information and Agency (EPA). for readers regarding entities likely to be Records Integrity Branch telephone affected by this action. Other types of ACTION: Notice of availability. number is (703) 305–5805. entities not listed could also be affected. If available, the North American C. How and to Whom Do I Submit SUMMARY: To assure that EPA’s policies Industrial Classification System Comments? related to implementing the Food (NAICS) codes have been provided to Quality Protection Act are transparent You may submit comments through assist you and others in determining the mail, in person, or electronically. To and open to public participation, EPA is whether or not this notice affects certain soliciting comments on a draft policy ensure proper receipt by EPA, it is entities. If you have any questions imperative that you identify docket paper entitled ‘‘Use of the Pesticide Data regarding the applicability of this Program in Acute Dietary Assessment.’’ control number OPP–00600 in the announcement to you, consult the subject line on the first page of your This notice is the eighth in a series person listed in the ‘‘FOR FURTHER concerning science policy documents response. INFORMATION CONTACT’’ section of 1. By mail. Submit written comments related to the Food Quality Protection this document. to: Public Information and Records Act and developed through the Integrity Branch, Information Resources Tolerance Reassessment Advisory B. How Can I Get Additional and Services Division (7502C), Office of Committee. Information or Copies of This Document or Other Documents? Pesticide Programs, Environmental DATES: Comments for this policy paper, Protection Agency, 401 M St., SW., identified by docket control number 1. Electronically. You may obtain Washington, DC 20460. OPP–00600, must be received on or electronic copies of this document and 2. In person or by courier. Deliver before July 26, 1999. the science policy paper from the EPA written comments to: Public Home Page under the Office of Pesticide Information and Records Integrity ADDRESSES: Comments may be Programs at http://www.epa.gov/ Branch, Information Resources and submitted by mail, electronically, or in pesticides/. On the Office of Pesticide Services Division (7502C), Office of person. Please follow the detailed Program Home Page select ‘‘TRAC’’ and Pesticide Programs, Environmental instructions for each method as then look up the entry for this Protection Agency, Rm. 119, Crystal provided in Unit I.C. of the document. You can also go directly to Mall #2, 1921 Jefferson Davis Highway, ‘‘SUPPLEMENTARY INFORMATION’’ the listings at the EPA Home Page at the Arlington, VA. section of this document. To ensure Federal Register—Environmental 3. Electronically. Submit your proper receipt by EPA, it is imperative Documents entry for this document comments and/or data electronically by that you identify docket control number under ‘‘Laws and Regulations’’ (http:// e-mail to: [email protected]. Do not OPP–00600 in the subject line on the www.epa.gov/fedrgstr/) to obtain this submit any information electronically first page of your response. notice and the science policy paper. that you consider to be CBI. Submit 2. Fax on Demand. You may request FOR FURTHER INFORMATION CONTACT: electronic comments as an ASCII file, to receive a faxed copy of this avoiding the use of special characters Kathleen Martin, Environmental document, as well as supporting Protection Agency (7509C), 401 M St., and any form of encryption. Comments information, by using a faxphone to call and data will also be accepted on SW., Washington, DC 20460. Office (202) 401–0527 and selecting item 6035. location and telephone number: 1921 standard computer disks in WordPerfect You may also follow the automated 5.1/6.1 or ASCII file format. All Jefferson Davis Highway (7509C), menu. Arlington, VA, 22207; (703) 308–2857; comments and data in electronic form 3. In person or by phone. If you have must be identified by the docket control fax: (703) 305–5147; e-mail address: any questions or need additional [email protected]. number. Electronic comments on this information about this action, you may notice may also be filed online at many SUPPLEMENTARY INFORMATION: contact the person identified in the Federal Depository Libraries. ‘‘FOR FURTHER INFORMATION I. General Information CONTACT’’ at the beginning of this D. How Should I Handle CBI Information That I Want to Submit to A. Does This Notice Apply to Me? document. In addition, the official record for the science policy paper the Agency? You may be potentially affected by listed in the ‘‘SUMMARY’’ at the You may claim information that you this notice if you manufacture or beginnng of this document, including submit in response to this document as formulate pesticides. Potentially the public version, has been established CBI by marking any part or all of that affected categories and entities may under docket control number OPP– information as CBI. Information so include, but are not limited to: 00600 (including comments and data marked will not be disclosed except in

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28486 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices accordance with procedures set forth in from unacceptable pesticide exposure; initiating notice and comment on the 40 CFR part 2. In addition to one provided heightened health protections major science policy issues. complete version of the comment that for infants and children from pesticide The TRAC identified nine science includes any information claimed as risks; required expedited review of new, policy issue areas they believe were key CBI, a copy of the comment that does safer pesticides; created incentives for to implementation of FQPA and not contain CBI must be submitted for the development and maintenance of tolerance reassessment. The framework inclusion in the public record. effective crop protection tools for calls for EPA to provide one or more Information not marked confidential farmers; required reassessment of documents for comment on each of the will be included in the public docket by existing tolerances over a 10-year nine issues by announcing their EPA without prior notice. If you have period; and required periodic re- availability in the Federal Register. In any questions about CBI or the evaluation of pesticide registrations and accordance with the framework procedures for claiming CBI, the Public tolerances to ensure that scientific data described in a separate notice published Information and Records Integrity supporting pesticide registrations will in the Federal Register of October 29, Branch telephone number is (703) 305– remain up-to-date in the future. 1998 (63 FR 58038) (FRL–6041–5), EPA 5805. Subsequently, the Agency established has been issuing a series of draft the Food Safety Advisory Committee documents concerning nine science E. What Should I Consider As I Prepare (FSAC) as a subcommittee of the policy issues identified by the TRAC My Comments for EPA? National Advisory Council for related to the implementation of FQPA. EPA invites you to provide your Environmental Policy and Technology This notice announces the availability views on the various draft science (NACEPT) to assist in soliciting input of one of those draft documents as policy papers, new approaches we have from stakeholders and to provide input identified in the ‘‘SUMMARY’’ at the not considered, the potential impacts of to EPA on some of the broad policy beginning of this document. choices facing the Agency and on the various options (including possible III. Summary of ‘‘Use of the Pesticide strategic direction for the Office of unintended consequences), and any Data Program (PDP) in Acute Dietary Pesticide Programs. The Agency has data or information that you would like Assessment’’ the Agency to consider. You may find used the interim approaches developed the following suggestions helpful for through discussions with FSAC to make The Environmental Protection preparing your comments: regulatory decisions that met FQPA’s Agency’s (EPA) Office of Pesticide 1. Explain your views as clearly as standard, but that could be revisited if Programs (OPP) has identified a possible. additional information became available statistical methodology for applying 2. Describe any assumptions that you or as the science evolved. As EPA’s existing information from the USDA used. approach to implementing the scientific Pesticide Data Program (PDP) report to 3. Provide solid technical information provisions of FQPA has evolved, the risk assessments of the acute exposure and/or data to support your views. Agency has sought independent review to pesticide residues in food. This 4. If you estimate potential burden or and public participation, often through methodology consists of extrapolating costs, explain how you arrived at the presentation of many of the science from data on pesticide residues in estimate. policy issues to the FIFRA Scientific composite samples of fruits and 5. Indicate what you support, as well Advisory Panel (SAP), a group of vegetables to residue levels in single as what you disagree with. independent, outside experts who units of fruits and vegetables. Given the 6. Provide specific examples to provide peer review and scientific composite sample mean (), the illustrate your concerns. advice to OPP. composite sample variance (S2), and the 7. Make sure to submit your In addition, as directed by Vice number of units in each composite comments by the deadline in this President Albert Gore, EPA has been sample, it is possible to estimate the notice. working with the U.S. Department of mean and variance (µ and σ2) of the 8. At the beginning of your comments Agriculture (USDA) and another pesticide residues present on single (e.g., as part of the ‘‘Subject’’ heading), subcommittee of NACEPT, the units of fruits and vegetables. These be sure to properly identify the Tolerance Reassessment Advisory parameters can then be applied to document you are commenting on. To Committee (TRAC), chaired by the EPA generate information on the level of ensure proper receipt by EPA, it is Deputy Administrator and the USDA residue in fruits and vegetables. This imperative that you identify docket Deputy Secretary, to address FQPA information can then be incorporated control number OPP–00600 in the issues and implementation. TRAC into a probabilistic exposure estimation subject line on the first page of your comprises more than 50 representatives model, such as the Monte Carlo method, response. You may also provide the of affected user, producer, consumer, in order to estimate exposure to name, date, and Federal Register public health, environmental, states and pesticide residues in foods and the risk citation. other interested groups. The TRAC has attendant to that exposure. This met six times as a full committee from methodology has a higher degree of II. Background May 27 through April 29, 1999. accuracy when more than 30 composite On August 3, 1996, the Food Quality The Agency has been working with samples have detectable residues. Protection Act of 1996 (FQPA) was the TRAC to ensure that its science Other organizations have developed signed into law. Effective upon policies, risk assessments of individual similar methodologies for extrapolating signature, the FQPA significantly pesticides, and process for decision from residue levels in composite amended the Federal Insecticide, making are transparent and open to samples to residue levels in single Fungicide, and Rodenticide Act (FIFRA) public participation. An important servings. These organizations include and the Federal Food, Drug, and product of these consultations with Sielken Inc. and Novigen Sciences, Inc. Cosmetic Act (FFDCA). Among other TRAC is the development of a Because the methods developed by changes, FQPA established a stringent framework for addressing key science these two organizations originate from health-based standard (‘‘a reasonable policy issues. The Agency decided that the same fundamental assumption that certainty of no harm’’) for pesticide the FQPA implementation process and residues on individual serving sizes of residues in foods to assure protection related policies would benefit from fruits and vegetables follow a lognormal

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28487 distribution, their results are similar to interpreted when the PDP protocol does EPA would welcome comments that those of OPP. not assure that individual single specifically address how a guidance OPP has recently started to apply the servings samples are not randomly document can be structured so that it methodology described herein to collected? provides meaningful guidance without estimate acute dietary exposure to 5. OPP’s methodology is sensitive to imposing binding requirements. pesticide residues in food. OPP is asking the number (N) of single units/servings the FIFRA Scientific Advisory Panel of a commodity estimated to be in a VI. Contents of Docket and the public to answer specific composite sample. Please comment on Documents that are referenced in this questions regarding the methodology. how to estimate that number for notice will be inserted in the docket different commodities. Consider how to IV. Questions/Issues for Comment under the docket control number ‘‘OPP– handle fruits for which a single serving 00600.’’ In addition, the documents While comments are invited on any is typically only a part of a unit of a aspect of the draft policy paper, EPA is referenced in the framework notice, commodity (e.g., a melon) or many which published in the Federal Register particularly interested in comments on different units (e.g., grapes) even though the following questions and issues. on October 29, 1998 (63 FR 58038), have the single serving is smaller than the also been inserted in the docket under 1. Measurements of many natural typical composite sample. docket control number OPP–00557. processes may be described by typical 6. When there is considerable statistical distributions, e.g., normal, uncertainty about the number (N) of List of Subjects lognormal, etc. In previous data-fit single units/servings of a commodity in studies, data on concentration of a composite sample, should OPP Environmental protection, residues on fruits and vegetables have generate several distributions of Administrative practice and procedure, been fitted to a lognormal distribution. residues in single servings that Agricultural commodities, pesticides The lognormality of residues has been encompass the possible range of values and pests. established as a fundamental for N? Should these distributions in turn Dated: May 12, 1999. assumption in the decomposition be used in DEEM to represent Susan H. Wayland, procedure. Please comment on the uncertainty in dietary exposure assumption of lognormality. estimates? Acting Assistant Administrator for 2. The application of OPP’s Prevention, Pesticides and Toxic Substances. V. Policies Not Rules decomposition methodology calls for at [FR Doc. 99–13034 Filed 5–25–99; 8:45 am] least 30 ‘‘detects.’’ This is done to assure The draft policy document discussed BILLING CODE 6560±50±F that there is enough representation in in this notice is intended to provide the sample and that the extrapolation guidance to EPA personnel and will cover the width of the distribution decision-makers, and to the public. As of single servings. Although 30 detects a guidance document and not a rule, the FEDERAL HOUSING FINANCE BOARD is a practical rule for the application of policy in this guidance is not binding on the procedure, please comment on the either EPA or any outside parties. Sunshine Act Meeting; Announcing an consideration of other numbers as a Although this guidance provides a Open Meeting of the Board practical rule of application. starting point for EPA risk assessments, 3. The standard deviation within a EPA will depart from its policy where TIME AND DATE: 10:00 a.m., May 28, composite cannot be greater than the the facts or circumstances warrant. In 1999. standard deviation of the population of such cases, EPA will explain why a PLACE: Board Room, Second Floor, individual residues. Are there any different course was taken. Similarly, Federal Housing Finance Board, 1777 F circumstances when this statement is outside parties remain free to assert that Street, N.W., Washington, D.C. 20006. not true? If so, what are these a policy is not appropriate for a specific circumstances? pesticide or that the circumstances STATUS: The entire meeting will be open 4. OPP acknowledges that the surrounding a specific risk assessment to the public. collection of composite samples in the demonstrate that a policy should be Matters To Be Considered During PDP protocol is not purely random; abandoned. therefore, the decomposition procedure EPA has stated in this notice that it Portions Open to the Public will produce an overestimation of the will make available revised guidance • Discussion: Financial Management standard deviation of the lognormal after consideration of public comment. and Mission Achievement distributions of residues on fruits and Public comment is not being solicited • vegetables. Moreover, the for the purpose of converting any policy Resolution Waiving Leverage Limits overestimation of the standard deviation document into a binding rule. EPA will for Y2K is accentuated to the degree that the not be codifying this policy in the Code • Final Rule: Establishment of collection of composite samples departs of Federal Regulations. EPA is soliciting Procedures that govern applications from pure randomness. The public comment so that it can make for Approvals or Waivers, Request for consequence of overestimating the fully informed decisions regarding the No-Action Letters or Regulatory standard deviation is that the high end content of each guidance document. Interpretations, and Petitions for case- of the estimates of residues in single The ‘‘revised’’ guidance will not be by-case Determination or Review of serving size samples may exceed what unalterable. Once a ‘‘revised’’ guidance Disputed Supervisory Determinations. occurs in reality. What criteria (if any) document is issued, EPA will continue CONTACT PERSON FOR MORE INFORMATION: should be used to establish an upper- to treat it as guidance, not a rule. bound on the amount of residue Accordingly, on a case-by-case basis Elaine L. Baker, Secretary to the Board, projected in a single serving size sample EPA will decide whether it is (202) 408–2837. to address the potential for appropriate to depart from the guidance William W. Ginsberg, overestimation of the standard or to modify the overall approach in the Managing Director. deviation? How should the distribution guidance. In the course of inviting [FR Doc. 99–13482 Filed 5–24–99; 8:45 am] of residues in single servings samples be comment on each guidance document, BILLING CODE 6725±01±P

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GENERAL SERVICES proposed collection of information; (c) 5. HHS Acquisition Regulation— ADMINISTRATION ways to enhance the quality, utility and HHSAR Part 316—Types of Contracts— clarity of the information to be Extension no change—0990–0138—The President's Commission on the collected; and (d) ways to minimize the Negotiated Overhead Rate—Fixed Celebration of Women in American burden of the collection of information clause is needed since fixed rates are History on respondents, including through the authorized by OMB Circular and a use of automated collection techniques clause is not provided in the Federal AGENCY: General Services or other forms of information Acquisition Regulation (FAR). Administration. technology. Respondents: non-profit institutions; ACTION: Meeting notice cancellation. 1. HHS Acquisition Regulations— Annual Number of Responses: 376; HHSAR Part 342—Contract SUMMARY: Notice of meeting Average Burden per Response: 10 hours; Administration—Extension no change— cancellation is hereby given to the Estimated Burden: 3.760 hours. 0990–0131—HHSAR 342.7103 requires President’s Commission on the Send comments to Cynthia Agens reporting information when a cost Celebration of Women in American Bauer, OS Reports Clearance Officer, overrun is anticipated. The information History regarding open meeting that was Room 503H, Humphrey Building, 200 is used to determine if a proposed rescheduled from 12 p.m. to 5 p.m. on Independence Avenue S.W., overrun is reasonable—Respondents— May 27 or 28, 1999, at the Kennedy Washington DC, 20201. Written State or local governments, Business or Space Center (KSC), Florida, Visitor comments should be received within 60 other for-profit, non-profit institutions, Complex, Center for Space Education, days of this notice. small businesses. Annual number of Pad-A. The notice of the meeting was Responses: 45; Average burden per Dated: May 17, 1999. published in the Federal Register on response: 20 hours; Total burden: 900 Dennis P. Williams, May 20, 1999 at 64 FR 27558. hours. Deputy Assistant Secretary, Budget. The meeting will be rescheduled in 2. HHS Acquisition Regulation— [FR Doc. 99–13346 Filed 5–25–99; 8:45 am] June. Members will be notified of the HHSAR Part 333—Disputes and BILLING CODE 4150±04±M date and time. Appeals—Extension no change—0990– FOR FURTHER INFORMATION CONTACT: 0133—The Litigation and Claims clause Martha Davis (202) 501–0705. Assistant is needed to inform the government of DEPARTMENT OF HEALTH AND to the Associate Administrator for actions filed against government HUMAN SERVICES Communications, General Services contracts—Respondents: State or local Administration, you may also send governments, Business or other for- Centers for Disease Control And inquires to [email protected]. profit, non-profit institutions, small Prevention Dated: May 20, 1999. businesses. Annual number of [INFO±99±19] Beth W. Newburger, Responses: 100; Average burden per Associate Administration for response: 30 minutes; Total burden: 50 Proposed Data Collections Submitted Communications. hours. for Public Comment and 3. HHS Acquisition Regulation— [FR Doc. 99–13334 Filed 5–25–99; 8:45 am] Recommendations HHSAR Part 332—Contract Financing— BILLING CODE 6820±34±M Extension no change—0990–0134—The In compliance with the requirement requirements of HHSAR Part 332 are of section 3506(c)(2)(A) of the needed to ascertain costs associated Paperwork reduction Act of 1995, the DEPARTMENT OF HEALTH AND with certain contracts so as to timely Centers for Disease Control and HUMAN SERVICES pay contractor. Respondents: State or Prevention (CDC) is providing local governments, small businesses— opportunity for public comment on Office of the Secretary Burden Information for Cost Sharing proposed data collection projects. To Agency Information Collection Clause—Number of Respondents: 24; request more information on the Activities: Proposed Collections; Annual Number of Responses per proposed projects or to obtain a copy of Comment Request Respondent: 10; Average Burden per the data collection plans and Response: one hour; Annual Burden: instruments, call the CDC Reports The Department of Health and Human 240 hours—Burden Information for Clearance Officer on (404) 639–7090. Services, Office of the Secretary will Letter of Credit Clause—Number of Comments are invited on: (a) Whether periodically publish summaries of Respondents: 268; Annual Number of the proposed collection of information proposed information collections Responses: 4; Burden per Response: 1 is necessary for the proper performance projects and solicit public comments in hour; Estimated Annual Burden: 1072 of the functions of the agency, including compliance with the requirements of hours—Total Burden: 1,312 hours. whether the information shall have Section 3506(c)(2)(A) of the Paperwork 4. HHS Acquisition Regulation— practical utility; (b) the accuracy of the Reduction Act of 1995. To request more HHSAR Part 324—Protection of Privacy agency’s estimate of the burden of the information on the project or to obtain and Freedom of Information—Extension proposed collection of information; (c) a copy of the information collection no change—0990–0136—The ways to enhance the quality, utility, and plans and instruments, call the OS confidentiality of Information clarity of the information to be Reports clearance Officer on (202) 690– requirements are needed to prevent collected; and (d) ways to minimize the 6207. improper disclosure of confidential burden of the collection of information Comments are invited on: (a) Whether data. Respondents: State or local on respondents, including through the the proposed collection of information governments, Business of other for- use of automated collection techniques is necessary for the proper performance profit, non-profit institutions, small for other forms of information of the functions of the agency, including businesses; Annual Number of technology. Send comments to Seleda whether the information shall have Responses: 449; Average Burden per Perryman, CDC Assistant Reports practical utility; (b) the accuracy of the Response: 8 hours; Estimated Burden: Clearance Officer, 1600 Clifton Road, agency’s estimate of the burden of the 3,592 hours. MS–D24, Atlanta, GA 30333. Written

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28489 comments should be received with 60 survey will be conducted in two large, providers are aware of the guidelines, days of this notice. mixed model managed care plans which their access to the guidelines, their use are located in two different geographic of the guidelines, and factors that enable Proposed Project regions of the U.S. The survey is or preclude use of the guidelines. The 1. Evaluation of Provider Adherence expected to last from 3–6 months. The information will assist CDC in to CDC STD Treatment Guidelines in CDC periodically publishes national determining ways to improve Two Managed Care Plans—New guidelines on the diagnosis and practitioners’ understanding and The National Center for HIV, STD, treatment of sexually transmitted promote utilization of the guidelines; and TB Prevention (NCHSTP) is diseases; however, little is known about determine ways to make them more proposing a pilot survey of 1,000 the impact of the guidelines on clinical available for medical practitioners; and practitioners in two managed care plans practice and treatment choices, the increase the use of the guidelines in to evaluate how CDC’s most recent practical use of the guidelines, or utility appropriate medical practices. The total edition (1998) of the Sexually to providers. Data gathered from this annual cost to respondents is estimated Transmitted Disease (STD) Treatment study will provide preliminary to be $21,146, assuming an average Guidelines influence practice. The pilot information about the extent to which salary of $ 63.31 per hour.

Number of re- Avg. burden/ Respondents Number of re- sponses/re- response spondents spondent (in hrs.)

Family core (adult family member) ...... 42,000 1 .35 Adult Core (sample adult) ...... 42,000 1 .35 Child Core (adult family member) ...... 18,000 1 .25 Cancer Module (sample adult) ...... 42,000 1 .333

Dated: May 20, 1999. Proposed Project and Disease Prevention Objectives, Charles Gollmar, ‘‘Healthy People 2000.’’ Acting Associate Director for Policy, Planning 1. 2000 National Health Interview Survey, Basic Module (0920–0214)— Because of survey integration and and Evaluation, Centers for Disease Control changes in the health and health care of and Prevention (CDC). Revision—The National Center for the U.S. population, demands on the [FR Doc. 99–13329 Filed 5–25–99; 8:45 am] Health Statistics (NCHS). The annual NHIS have changed and increased, BILLING CODE 4163±18±P National Health Interview Survey (NHIS) is a basic source of general leading to a major redesign of the statistics on the health of the U.S. annual core questionnaire, or Basic DEPARTMENT OF HEALTH AND population. Due to the integration of Module, and a redesign of the data HUMAN SERVICES health surveys in the Department of collection system from paper Health and Human Services, the NHIS questionnaires to computer assisted Centers for Disease Control and also has become the sampling frame and personal interviews (CAPI). Those Prevention first stage of data collection for other redesigned elements were implemented [30DAY±12±99] major surveys, including the Medical in 1997 and are expected to be in the Expenditure Panel Survey, the National field until 2006. Ad hoc Topical Agency Forms Undergoing Paperwork Survey of Family Growth, and the Modules on various health issues are Reduction Act Review National Health and Nutrition provided for in the redesigned NHIS. This clearance is for the fourth full year The Centers for Disease Control and Examination Survey. By linking to the Prevention (CDC) publishes a list of NHIS, the analysis potential of these of data collection, planned for January- information collection requests under surveys increases. The NHIS has long December 2000. The Basic Module on review by the Office of Management and been used by government, university, CAPI will result in publication of new Budget (OMB) in compliance with the and private researchers to evaluate both national estimates of health statistics, Paperwork Reduction Act (44 U.S.C. general health and specific issues, such release of public use micro data files, Chapter 35). To request a copy of these as cancer, AIDS, and childhood and a sampling frame for other requests, call the CDC Reports Clearance immunizations. Journalists use its data integrated surveys. It will also include Officer at (404) 639–7090. Send written to inform the general public. It will a ‘‘Topical Module’’ (or supplement) on comments to CDC, Desk Officer; Human continue to be a leading source of data Cancer. The cancer module will repeat Resources and Housing Branch, New for the Congressionally-mandated similar surveys conducted in 1987 and Executive Office Building, Room 10235; ‘‘Health US’’ and related publications, 1992, and will help track many of the Washington, DC 20503. Written as well as the single most important Healthy People 2000 Objectives for comments should be received within 30 source of statistics to track progress cancer. The total annual burden hours days of this notice. toward the National Health Promotion are 47,900.

Numbers of Avg. Burden/ Respondents Numbers of Responses/ Response Respondents Respondent (in hrs.)

Family Core (adult family member) ...... 42,000 1 .35 Adult Core (sample adult) ...... 42,000 1 .35 Child Core (adult family member) ...... 18,000 1 .25 Cancer Module (sample adult) ...... 42,000 1 .333

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Dated: May 20, 1999. C. Availability of Funds increase in programs and services, Charles Golmar, Approximately $2.7 million is increased knowledge among coalition Acting Associate Director for Policy, Planning available in FY 1999 to fund members, agency members, community and Evaluation Centers for Disease Control approximately 6 awards. It is expected members, etc. in the applicant and Prevention (CDC) that the average award will be $450,000, community and the comparison [FR Doc. 99–13328 Filed 5–25–99; 8:45 am] ranging from $400,000 to $600,000. It is community. BILLING CODE 4163±18±P expected that the awards will begin on d. Participate with other funded or about September 30, 1999, and will cooperative agreement recipients in be made for a 12-month budget period revising and utilizing previously DEPARTMENT OF HEALTH AND within a project period of up to three developed cross-site instruments to be HUMAN SERVICES years. Funding estimates may change. administered at approved intervals. Continuation awards within an e. Analyze data and interpret findings. Centers for Disease Control and approved project period will be made f. Compile and disseminate project Prevention on the basis of satisfactory progress as results. [Program Announcement 99133] evidenced by required reports and the g. Collaborate with and participate in availability of funds. workgroups that include all funded Cooperative Agreement for a projects. Coordinated Community Response To Use of Funds h. Distribute data for analysis and Prevent Intimate Partner Violence; 1. Allowable Use of Funds. Funds joint evaluation. Availability of Funds may be used for planning, developing, 2. CDC Activities implementing, and evaluating projects. A. Purpose Accordingly, funds can be used to a. Provide technical assistance and The Centers for Disease Control and support personnel, purchase hardware consultation. Prevention (CDC) announces the and software required to implement the b. Collaborate in the design of all availability of fiscal year (FY) 1999 project. Applicants may enter into phases of the evaluation. funds for a cooperative agreement contractual agreements to purchase c. Facilitate collaborative efforts to program for a Coordinated Community goods and services, or to support compile and disseminate program Response (CCR) to Prevent Intimate collaborative activities, but the results through presentations and Partner Violence. This program applicant must retain proper publications. addresses the ‘‘Healthy People 2000’’ stewardship over funds and d. Assist in the transfer of information priority area of Violent and Abusive responsibility for tasks associated with and methods developed in these Behavior. the project. projects to other comparable intimate The purposes of this program are to: 2. Prohibited Uses of Funds. partner violence prevention and 1. Enhance community coalitions and Cooperative agreement funds for this intervention programs. coordinated community responses for project cannot be used for construction, e. Assist in the development of addressing intimate partner violence; renovation, the lease of passenger research protocol for Institutional 2. Establish or enhance community vehicles, the development of major Review Board (IRB) review by all programs directed at the primary software applications, or supplanting cooperating institutions participating in prevention of intimate partner violence current applicant expenditures. the research project. The CDC IRB will and their families; 3. Budget. The budget should include review and approve the protocol 3. Enhance services for victims of cost for travel for the project manager initially and on at least an annual basis intimate partner violence and their and evaluator or lead evaluator (if part until the research project is completed. families; and of an evaluation team) to attend at least E. Application Content 4. Evaluate the process and impact of 2 meetings in Atlanta with CDC staff in the coordinated community response on the first year of the program. Use the information in the Program addressing, and potentially reducing, Requirements, Other Requirements, and intimate partner violence. D. Program Requirements Evaluation Criteria sections to develop In conducting activities to achieve the the application content. Your B. Eligible Applicants purpose of this program, the recipient application will be evaluated on the Assistance will be provided only to will be responsible for the activities criteria listed, so it is important to non-profit community-based under 1. (Recipient Activities), and CDC follow them in laying out your program organizations focusing on the will be responsible for the activities plan. The narrative should be no more prevention of intimate partner violence listed under 2. (CDC Activities). than 40 pages, excluding the abstract, in towns, cities, and rural America. budget, justification, and attachments 1. Recipient Activities Competition is limited to non-profit (i.e., letters of support, data collection community-based organizations because a. Enhance existing coordinated forms, resume, etc.) All materials must of the Legislative Authority (See Section efforts through an established coalition be typewritten, double-spaced with type I). Furthermore, the Congressional and to prevent intimate partner violence NO SMALLER THAN 12 CPI, on 8.5′′ × Family and Intimate Violence (IPV) with integrated prevention, and 11′′ paper, with at least 1’’ margins, Prevention Subcommittee intent is to intervention programs and services. headings and footers, unbound, and support funding for non-profit b. Identify and select a comparison printed on one side only. Do not include community-based organizations. community without an established any pamphlets, spiral or bound community coalition that meets materials. Note: Public Law 104–65 states that an demographic requirements. organization described in section 501(c)(4) of 1. Abstract the Internal Revenue Code of 1986 that c. Develop and implement an engages in lobbying activities is not eligible evaluation plan for cross site analyses A one page double-spaced abstract to receive Federal funds constituting an that includes a comparison of pre- and and summary of the proposed efforts to award, grant, cooperative agreement, post-intervention activities such as enhance and evaluate a coordinated contract, loan, or any other form. incidence and prevalence of IPV, community response to prevent intimate

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The applicant should clearly Executive Director and a full-time evidence of the existence of an describe the primary prevention equivalent evaluator or evaluation team established community coalition in the programs and services that are proposed with appropriate experience. applicant community to prevent for achieving each of the program d. The applicant should describe intimate partner violence (See objectives and specify how these plans to train and support staff, and the Addendum 2 for definition of activities represent an enhancement or availability of staff and facilities to carry Established Community Coalition). expansion of ongoing intimate partner out the program plan. Include amount of time coalition has violence primary prevention programs been in existence; coalition membership and services. This description should 6. Collaboration and leadership; coalition goals and include a discussion of the mechanisms a. The applicant should describe objectives/mission statement; coalition for linking primary prevention programs current and proposed collaborations. members’ roles and responsibilities; and services, where appropriate, and This description should include the primary prevention activities assurances of participants’ access to all name(s)and types of organization (e.g., undertaken by the coalition; and primary prevention program and service youth agencies, community-based enhanced services and interventions in components or other means by which organization, minority organization, the community facilitated by the proposed primary prevention programs etc.),the nature of the collaborations, coalition. In addition, the applicant and services (new or existing) are to be and letters of commitment. should include demographics, incorporated into the project. b. The applicant should describe incidence of intimate partner violence d. The applicant should provide a coalition participants’ previous or and associated injury and death, and time-line indicating when activities will current experience in managing and patterns of injury in the description. occur and who will be responsible for delivering intimate partner violence b. The applicant should describe implementing the activity. Include an programs at the community level. current coalition activities, coalition organizational chart for the IPV achievements, and results of previous coalition as well as a chart that clearly 7. Evaluation Plan coalition evaluation activities. In delineates the proposed coordination a. The applicant should provide a addition, the applicant should describe plan. detailed description of the proposed how funding under this program e. The applicant should include a evaluation plan to document program announcement will enhance and detailed description of the procedures progress and how the proposed plan strengthen the coordination of that makes the applicant compliant with will measure success in meeting specific community programs and enhance and CDC’s Policy requirements regarding the objectives. broaden existing services and inclusion of women, ethnic, and racial b. The applicant should document coordinated community responses groups in the proposed research. The staff availability, expertise, experience, directed at the prevention of intimate applicant’s procedures should include: and capacity to perform the evaluation. (1) A proposed plan for the inclusion partner violence. c. The applicant should provide c. The applicant should provide clear of both sexes and racial and ethnic evidence of and demonstrate a evidence of access to a comparison minority populations for appropriate willingness to participate in cross-site community (See Addendum 2 for representation. evaluation of all projects. definition of Comparison Community). (2) The proposed justification when d. The applicant should identify, Include demographics, incidence of representation is limited or absent. select, and guarantee the participation intimate partner violence and associated (3) A statement as to whether the of a comparison community. injury and death, and patterns of injury design of the study is adequate to in the description. measure differences when warranted. e. The applicant should include a (4) A statement as to whether the plan for reporting evaluation results and 3. Goals and Objectives plans for recruitment and outreach for using evaluation information for a. The goals and objectives should be study participants include the process programmatic decisions. The applicant specific, time-phased, measurable, and of establishing partnerships with should provide evidence of and indicate achievable. Objectives should reflect an community(ies) and recognition of a willingness to participate in a process enhancement or expansion of existing mutual benefits. of continuous improvement which may prevention programs and services. require frequent reviews of progress and b. The applicant should clearly 5. Project Management and Staffing processes utilized, remediation of describe short-term (year 1) objectives a. The applicant should provide a identified barriers, and adoption of and long-term (years 2–3) objectives description of key staff, their modified methods and measures. qualifications and experience, level of related to the program plan. 8. Proposed Budget effort, and the role each person will play 4. Plan of Operation in carrying out the activities outlined in The applicant must provide a detailed a. The applicant should provide the application. Include in the first-year budget with accompanying evidence that both the applicant and the description the proposed staffing for the narrative justifying all individual budget community coalition participants have project, noting existing staff as well as items which make up the total amount access to both the target population(s)in additional staffing needs. of funds requested. The budget request the applicant community and the b. The applicant should ensure that should be reasonable and consistent comparison community for project personnel reflect the racial and with the intended use of cooperative implementing the proposed plan. ethnic composition of the target agreement funds.

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9. Human Subjects violence in both the applicant plan will help achieve each of the a. The applicant should describe the community and the comparison program objectives described in the degree to which human subjects may be community. Goals and Objectives Section. at risk and what protections will be in e. The extent to which the applicant e. The extent to which the applicant place to assure protection and describes the present availability of describes the coalition planning process confidentiality. intimate partner violence primary including explicit commitment to b. The applicant should demonstrate prevention programs and services as provide services and resources, that it has adequately addressed the well as existing gaps both in the mechanisms for communication both requirements of Title 45 CFR Part 46 for applicant community and the among coalition members and between the protection of human subjects. comparison community. the coalition and the applicant f. The extent to which the applicant community. F. Submission and Deadline indicates knowledge of other providers f. The extent to which the applicant Submit the original and two copies of and researchers engaged in intimate describes the applicant’s and coalition PHS 5161–1 (OMB Number 0937–0189). partner violence prevention projects participants’ previous or current Forms are in the application kit. both in the applicant community and experience in managing and delivering On or before July 28, 1999, submit the the comparison community. intimate partner violence programs at application to the Grants Management g. The extent to which the applicant the community level. Specialist identified in the ‘‘Where to provides evidence of previous coalition g. The extent to which the applicant Obtain Additional Information’’ section evaluation activities. describes the primary prevention of this announcement. h. The extent to which the applicant programs and services that are proposed describes in detail how this program for achieving each of the program 1. Deadline will (a) enhance and strengthen the objectives and specifies how these Applications shall be considered as coordination of community programs in activities represent an enhancement or meeting the deadline if they are either: preventing intimate partner violence; expansion of ongoing intimate partner a. Received on or before the deadline and (b) enhance and broaden existing violence primary prevention programs date; or services and coordinated community and services. b. Sent on or before the deadline date responses directed at the prevention of 4. Project Management and Staffing (10 and received in time for orderly intimate partner violence. points) processing. (Applicants must request a 2. Goals and Objectives (10 points) legibly dated U.S. Postal Service a. The extent to which the applicant postmark or obtain a legibly dated a. The extent to which the applicant describes the proposed staffing for the receipt from a commercial carrier or can clearly state specific program goals, project, noting existing staff as well as U.S. Postal Service. Private metered as well as short-term (year 1) objectives additional staffing needs. postmarks shall not be acceptable as and longer-term (years 2–3) objectives b. The extent to which the applicant proof of timely mailing.) related to the program plan. describes the responsibilities of b. The extent to which the applicant’s individual staff members including the 2. Late Applications goals and objectives are time-phased, level of effort and allocation of time for Applications which do not meet the specific, measurable, and achievable. each project activity by staff position. c. The extent to which the applicant criteria in (a) or (b) above are considered 3. Plan of Operation (15 points) late applications, will not be describes plans to train and support considered, and will be returned to the a. The extent to which the applicant staff, and the availability of staff and applicant. provides evidence that the applicant facilities to carry out the program plan. and the community coalition d. The extent to which the applicant G. Evaluation Criteria participants have access to the target provides curriculum vitae or position Each application will be evaluated population(s) for implementing the descriptions for each staff member and individually against the following proposed program in the applicant commitment of time to program criteria by a special emphasis panel community and the comparison activities. (SEP) appointed by CDC. community. e. The extent to which the applicant b. The extent to which the applicant provides an organizational chart of the 1. Background and Need (30 points) includes a program planning time-line applicant’s organization and includes a a. The extent to which the applicant indicating when each activity will chart of the proposed coordination plan. provides evidence of an established occur, who will do what to implement f. The extent to which the applicant coalition to coordinate community the activity, and describes realistic provides evidence of project response to intimate partner violence activities for producing the desired involvement of personnel who reflect prevention and intervention activities. results. the racial and ethnic composition of the b. The extent to which the applicant c. The extent to which the applicant applicant community and comparison provides a demographic description of describes proposed collaborations with community. the applicant community and the appropriate government agencies, comparison community. universities, health agencies, youth 5. Collaboration (10 points) c. The extent to which the applicant agencies, community-based The extent to which the applicant provides evidence of the incidence of organizations, minority organizations, describes current coalition activities intimate partner violence and associated researchers working with the specified including (1) names and affiliations of injury and death among women, target population(s), and victim the persons serving on the coalition, (2) children, and families in both the advocacy organizations. letters of commitment from the applicant community and the d. The extent to which the applicant organizations whose members are comparison community. describes how the structure of the serving on the coalition including the d. The extent to which the applicant coalition and its subcommittees (if precise nature of past and proposed provides information on the patterns of applicable) and the specific activities collaborations, the products, services, injuries resulting from intimate partner and interventions within the program and other activities that will be

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Director, Procurement and Grants Office, prevent intimate partner violence Centers for Disease Control and Prevention AR–1 Human Subjects Requirements (CDC). enhances coalition activities and AR–2 Requirements for Inclusion of [FR Doc. 99–13331 Filed 5–25–99; 8:45 am] coordination among primary prevention Women and Racial and Ethnic BILLING CODE 4163±18±P programs and services and, potentially Minorities in Research reduces the incidence of intimate AR–7 Executive Order 12372 Review partner violence. AR–8 Public Health System Reporting DEPARTMENT OF HEALTH AND b. The extent to which the applicant Requirements HUMAN SERVICES assess the impact of a coordinated AR–9 Paperwork Reduction Act community response to prevent intimate Requirements Centers for Disease Control and partner violence in the applicant AR–10 Smoke-Free Workplace Prevention community as compared to a Requirements community lacking this coordinated AR–11 Healthy People 2000 [Program Announcement 99134] community response. AR–12 Lobbying Restrictions c. The extent to which the applicant AR–13 Prohibition on Use of CDC Cooperative Agreement for provides evidence of the selection and Funds for Certain Gun Control Surveillance of Intimate Partner the participation of a comparison Activities Violence; Notice of Availability of community (see Addendum 2 for a AR–14 Accounting System Funds definition of a Comparison Community). Requirements A. Purpose d. The extent to which the applicant AR–15 Proof of Non-Profit Status describes how previously developed The Centers for Disease Control and I. Authority and Catalog of Federal cross-site core instruments will be Prevention (CDC) announces the Domestic Assistance Number administered. availability of fiscal year (FY) 1999 e. The extent to which the applicant This program is authorized under funds for a cooperative agreement describes site-specific program sections 301(a), 317(k)(2), and 391–394 program for Surveillance of Intimate evaluations that fit with overall program of the Public Health Service Act, [42 Partner Violence (IPV). This program goals and objectives. U.S.C. 241(a),247b(k)(2), and 280b-280b- addresses the ‘‘Healthy People 2000’’ f. The extent to which the applicant 2, as amended. The Catalog of Federal priority area of Violent and Abusive demonstrates its capability to Domestic Assistance number is 93.136. Behavior. The purpose of the program is implement these program evaluation to develop IPV population-based J. Where To Obtain Additional components. surveillance systems that will help Information determine the magnitude of the IPV 7. Proposed Budget (Not scored) This and all other CDC problem in population subgroups, and The extent to which the budget Announcements may be found and test its usefulness by comparing request (budget and narrative) is clearly downloaded from the CDC homepage. resulting data with data from self-report explained, adequately justified, Internet address: http://www.cdc.gov surveys. reasonable, sufficient for the proposed (click on funding). project activities, and consistent with To receive additional written B. Eligible Applicants the intended use of the cooperative information and to request an Assistance will be provided only to agreement funds. application kit, call 1–888-Grants (1– the health departments of States or their 888–472–6874). You will be asked to bona fide agents, including the District 8. Human Subjects (Not scored) leave your name and address and will of Columbia, the Commonwealth of The extent to which procedures for be instructed to identify the Puerto Rico, the Virgin Islands, the the protection of human subjects are Announcement number of interest. Commonwealth of the Northern Mariana described and adequately address the If you have questions after reviewing Islands, American Samoa, Guam, requirements of the Department of the contents of all the documents, federally recognized Indian tribal Health and Human Resources (45 CFR business management technical governments, the Federated States of 46) for the protection of human subjects. assistance may be obtained from: Ricky Micronesia, the Republic of the H. Other Requirements Willis, Grants Management Specialist, Marshall Islands, and the Republic of Grants Management Branch, Palau. In consultation with States, Technical Reporting Requirements Procurement and Grants Office, assistance may be provided to political Provide CDC with original plus two Announcement 99133, Centers for subdivisions of States. copies of : Disease Control and Prevention (CDC), Massachusetts, Michigan, and Rhode 1. progress reports (semi-annually); 2920 Brandywine Road, Suite 3000, Island, States currently receiving funds 2. financial status report, no more Mailstop E–13, Atlanta, GA 30341– under Announcement No. 483, ‘‘State than 90 days after the end of the budget 4146, Telephone (770) 488–2719, E-mail Injury Intervention Programs,’’ are not period; and address: [email protected] eligible to apply for this announcement. 3. final financial status and For program technical assistance C. Availability of Funds performance reports, no more than 90 contact: Pamela Gruduah, Project days after the end of the project period. Officer, National Center for Injury Approximately $600,000 is available Send all reports to the Grants Prevention and Control, Centers for in FY 1999 to fund approximately two Management Specialist identified in the Disease Control and Prevention (CDC), awards. It is expected that the average ‘‘Where to Obtain Additional 4770 Buford Highway, N.E., Mailstop award will be $300,000. Ranging from

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$250,000 to $300,000. It is expected that where the surveillance activities will be 1. Abstract the awards will begin on or about conducted. A one double-spaced page abstract September 30, 1999, and will be made f. Establish and maintain cooperative and summary of the proposed intimate for a 12-month budget period within a partnerships with key personnel of partner violence surveillance system project period of up to five years. potential data source agencies (e.g., and self-report survey is required. Funding estimates may change. hospitals, emergency departments, etc.). Continuation awards within an g. Monitor quality, representativeness 2. Background and Need approved project period will be made and completeness of surveillance data. a. The applicant should describe and on the basis of satisfactory progress as h. Collect and analyze surveillance document the magnitude of the intimate evidenced by required reports and the data. partner violence problem in the i. Produce and distribute periodic availability of funds. applicant’s targeted area, and provide a progress reports and data summaries to profile of the persons and groups at D. Funding Preferences appropriate state and local agencies and, greatest risk. develop replication guidelines for future Preference will be given to those b. The applicant should include a use by other states and localities. applicants that have jurisdiction over description of its current activities and urban areas with a population equal or j. Establish an advisory committee to exchange information and increase the previous experiences in intimate partner more than one million. A population of violence surveillance, evaluation, and one million or more will provide a large likelihood of integrated injury surveillance systems. coordination with other agencies and sample size that will allow potential partners. generalization of the design and 2. CDC Activities c. The applicant should include an methodology of developed IPV a. Provide technical assistance in the assessment of existing injury Surveillance Systems. design of all phases of the IPV surveillance capacity. E. Program Requirements surveillance programs, including d. All information described in this section must be referenced. In conducting activities to achieve the consultation on data collection purpose of this program, the recipient instruments and procedures. 3. Goals b. Provide technical assistance in will be responsible for the activities developing a standardized approach to a. The applicant should include under 1. (Recipient Activities), and CDC surveillance and evaluation activities specific goals which indicate where the will be responsible for the activities between and among each of the project applicant anticipates its intimate listed under 2. (CDC Activities). areas. partner violence surveillance program 1. Recipient Activities c. Provide consultation and assistance will be at the end of the five year project period. a. Develop or enhance existing injury in problem assessment and target population identification, the evaluation b. The applicant should include a surveillance activities to support IPV description of and evidence of its surveillance to identify victims and of coverage, cost, and impact of surveillance activities, and design of willingness and ability to undertake occurrences of IPV, including data scientific protocols. related projects should additional funds describing the magnitude of the problem d. Provide consultation on survey become available. and the extent of injuries (i.e., who is designs and IPV surveillance systems 4. Objectives affected, areas and persons at greatest for State implementation. risk, and the type and source of the e. Collaborate in the analysis and a. The applicant should include information used). dissemination of IPV surveillance data. specific time-phased, measurable, and b. Establish a surveillance system, or f. Provide up-to-date scientific achievable objectives during the first enhance an existing surveillance information about intimate partner budget period. system, capable of linking with one or violence and coordinate related b. The applicant’s objectives should more health-related data sources to activities at CDC’s National Center for relate directly to the project goals, and determine intimate partner violence Injury Prevention and Control. include, but not be limited to, use of incidence and prevalence in the targeted g. Assist in the transfer of information various health-related information area (e.g., linkage of emergency and methods developed in this program sources, effort to achieve departments or hospital discharge data to other geographical areas. representativeness, surveillance system with mental health data). h. Assist in the development of a evaluation, collaboration, and c. Enhance the capacity of the research protocol for IRB review by all demonstrate the utility of the applicant for general injury surveillance cooperating institutions participating in surveillance system and self-report by incorporating the IPV surveillance the research project. The CDC IRB will survey in replication efforts. system with other existing injury review and approve the protocol 5. Methodology surveillance systems. initially and on at least an annual basis d. Design, develop, and implement a until the research project is completed. a. The applicant should also include health-related surveillance system to a detailed description of specific measure intimate partner violence and F. Application Content activities that are proposed to achieve field test CDC’s Uniform Definitions and Use the information in the Program each of the program objectives during Recommended Data Elements for IPV Requirements, Other Requirements, and the budget period. Activities should also Surveillance if no surveillance system is Evaluation Criteria sections to develop include design, development, and in place, or expand currently existing the application content. Your administration of a self-report survey for surveillance system to incorporate application will be evaluated on the the same population where the health-related data and field test the criteria listed, so it is important to surveillance is conducted. Activities CDC’s Uniform Definitions and follow them in laying out your program should also include how often the self- Recommended Data Elements for IPV plan. The narrative should be no more report survey will be conducted and Surveillance. than 45 double-spaced pages, printed on how will the survey be incorporated as e. Design, develop and conduct a self- one side, with one inch margins, and an integral part of the IPV Surveillance report survey using the same population unreduced font. System.

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b. The applicant should include a evaluation should include development narrative justifying all individual budget detailed time-line which indicates when of tools and data set structures that will items which make up the total amount each activity and preparations for enable the IPV surveillance system, of funds requested. The budget should activities will occur. For each activity, design of self-report survey instruments, be consistent with stated objectives and describe who will do what to implement and other relevant activities such as, planned activities. the activities. Specifically provide a training of hospital staff to identify and 10. Human Subjects description of potential data sources, collect IPV data, and evaluation of how these will be accessed, and how software applications and computer a. The applicant should describe the some may be linked. If other units or equipment. The evaluation should also degree to which human subjects may be organizations will collaborate, describe include progress in meeting the at risk and what protections will be in the role of the unit or organization, who objectives and conducting activities place to assure protections and will be responsible for the designated during the budget and project periods. confidentiality. activities, and explicitly explain how 7. Coordination and Collaboration b. The applicant should demonstrate these organizations will deal with that it has adequately addressed the privacy and confidentiality issues (e.g., a. The applicant should include a requirements of Title 45 CFR Part 46 for encryption, security, etc.). Document description of the relationship between the protection of human subjects. concurrences with this plan by other the program and other organizations, units or organizations that are agencies, and health department units G. Submission and Deadline collaborating with the applicant. that will relate to the program, or which Submit the original and two copies of c. The applicant should include an conduct related activities. Include PHS 5161–1 (OMB Number 0937–0189). organization chart identifying composition and roles of any state and/ Forms are in the application kit. placement of the intimate partner or local coalitions involved with the On or before July 19, 1999, submit the violence surveillance program within applicant in developing the IPV application to the Grants Management organizational units with existing surveillance system and self-report Specialist identified in the ‘‘Where To jurisdiction and authority over other survey; specific commitments of Obtain Additional Information’’ section injury surveillance systems. The support to provide staff, equipment, of this announcement. organization chart should also include space, time, etc. collaborating components and their b. The applicant should include a 1. Deadline relationship to the intimate partner description of any proposed Applications shall be considered as violence surveillance program. collaboration with academic meeting the deadline if they are either: d. The applicant should include a institutions, public safety officials, or (a) Received on or before the deadline detailed description of the procedures with other agencies should be included. date; or In addition, a description of the that makes the applicant compliant with (b) Sent on or before the deadline date responsibilities and composition of the CDC’s Policy requirements regarding the and received in time for orderly surveillance advisory committee should inclusion of women, ethnic, and racial processing. (Applicants must request a be included in this section. groups in the proposed research. The legibly dated U.S. Postal Service applicant’s procedures should include: 8. Project Management and Staffing postmark or obtain a legibly dated (1) A proposed plan for the inclusion receipt from a commercial carrier or of both sexes and racial and ethnic a. The applicant should include a U.S. Postal Service. Private metered minority populations for appropriate description of the roles and postmarks shall not be acceptable as representation. responsibilities of the project director, (2) The proposed justification when epidemiologist, and each staff member, proof of timely mailing.) representation is limited or absent. including a description of staff with 2. Late Applications (3) A statement as to whether the appreciable experience in other injury design of the study is adequate to surveillance systems expected to work Applications which do not meet the measure differences when warranted. in the IPV Surveillance System. criteria in (a) or (b) above are considered (4) A statement as to whether the b. The applicant should describe the late applications, will not be plans for recruitment and outreach for allocation of staff to the activities considered, and will be returned to the study participants include the process described in the Methodology section. applicant. of establishing partnerships with Descriptions should include the H. Evaluation Criteria community(ies) and recognition of position titles, education and mutual benefits. experience required, and the percentage Each application will be evaluated of time each will devote to the program. individually against the following 6. Evaluation Plan In addition, the description should also criteria by an independent review group a. The applicant should include a state the methods the staff will employ appointed by CDC. detailed description of the methods and to train others to collect and manage IPV 1. Background and Need (10 points) design to be used to evaluate the IPV data. Curriculum vitae for existing staff surveillance system, including what should also be included. a. The extent to which the applicant will be evaluated, data to be used, who c. In an appendix, the applicant documents the magnitude of the will perform the evaluation and the time should provide a letter from each intimate partner violence problem in the it will take (timeline) to do the collaborating consultant or outside applicant’s targeted area, and provides a evaluation. Specifically address the agency described in the Methodology profile of the persons and groups at sensitivity, usefulness, simplicity, section. The letter should state their greatest risk. flexibility, acceptability, timeliness, willingness and ability to fulfill the b. The extent to which the applicant representativeness, predictive value proposed responsibilities. documents its current activities and positive, and cost. previous experiences in intimate partner b. The applicant should document 9. Budget violence surveillance, evaluation, and staff availability, expertise, and capacity The applicant should provide a coordination with other agencies and to evaluate surveillance activities. The detailed first budget with accompanying potential partners.

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c. The extent to which the applicant 6. Coordination and Collaboration (15 The following additional has made a complete assessment of points) requirements are applicable to this existing injury surveillance capacity. a. The extent to which the applicant program. For a complete description of each, see Addendum in the application 2. Goals (15 points) describes the relationship between the program and other organizations, package. a. The extent to which the applicant agencies, and health department units AR–1 Human Subjects Requirements states specific goals that indicate where that will relate to the program or which AR–2 Requirements for Inclusion of the applicant anticipates its intimate conduct related activities. partner violence surveillance program Women and Racial and Ethnic b. The extent to which applicant Minorities in Research will be at the end of the five year project provides evidence of collaboration with period. academic institutions, public safety AR–7 Executive Order 12372 Review b. The extent to which the applicant officials, or with other agencies. In AR–9 Paperwork Reduction Act describes and provides evidence of its addition, the extent to which the Requirements willingness and ability to undertake applicant describes responsibilities and AR–10 Smoke-Free Workplace related projects should additional funds composition of the surveillance Requirements become available. advisory committee. AR–11 Healthy People 2000 3. Objectives (15 points) 7. Project Management and Staffing (15 AR–12 Lobbying Restrictions points) a. The extent to which the applicant AR–13 Prohibition on Use of CDC states specific, time-phased, measurable a. The extent to which the applicant Funds for Certain Gun Control and achievable objectives. documents the experience in the Activities management of intimate partner b. The extent to which the applicant violence surveillance, and describes the J. Authority and Catalog of Federal relates the objectives directly to the roles and responsibilities of the project Domestic Assistance Number project goals and the use of various director, epidemiologist, and each staff health-related information sources, This program is authorized under member, including a description of staff effort to achieve representativeness, sections 301, 317k(2), and 391–394 of with appreciable experience in other surveillance system evaluation, the Public Health Service Act, [42 injury surveillance systems expected to collaboration, and demonstrates the U.S.C. 241, 247b(k)(2), and 280–280b-2], work in the IPV Surveillance System. utility of the surveillance system and as amended. The Catalog of Federal b. The extent to which the applicant self-report survey in replication efforts. Domestic Assistance number is 93.136. includes letters in the appendix from 4. Methodology (15 points) each collaborating consultant or outside K. Where To Obtain Additional agency stating their willingness and Information a. The extent to which the applicant ability to fulfill the proposed describes specific activities that are responsibilities. This and all other CDC proposed to achieve each of the program Announcements may be found and objectives during the budget period. 8. Budget (Not scored) downloaded from the CDC homepage. b. The extent to which the applicant The extent to which the budget Internet address: http://www.cdc.gov provides a time-line which indicates request is clearly explained, adequately (click on funding). when each activity and preparations for justified, reasonable, sufficient, and To receive additional written activities will occur. consistent with the stated objectives and information and to request an c. The extent to which the applicant planned activities. application kit, call 1–888–GRANTS4 (1–888–472–6874). You will be asked to provides evidence of an organizational 9. Human Subjects (Not scored) chart that represents the actual structure leave your name and address and will of the proposed IPV surveillance a. The extent to which the applicant be instructed to identify the operating organization and its describes the degree to which human Announcement number of Interest. placement in organizational units with subjects may be at risk. If you have questions after reviewing existing jurisdiction and authority over b. The extent to which the applicant the contents of all the documents, other injury surveillance systems. provides assurances that all activities business management technical will conform to the requirements of 45 d. The extent to which the applicant assistance may be obtained from: CFR, part 46. provides evidence it has met the CDC Ricky Willis, Grants Management Policy requirements regarding the I. Other Requirements Specialist, Grants Management Branch, inclusion of women, ethnic, and racial Technical Reporting Requirements: Procurement and Grants Office, groups in the proposed research. Provide CDC with original plus two Announcement 99134, Centers for 5. Evaluation Plan (15 points) copies of Disease Control and Prevention, 2920 1. Progress reports (semiannual); Brandywine Road, Suite 3000, Mailstop a. The extent to which the applicant 2. Financial status report, no more E–13, Atlanta, GA 30341–4146, describes the methods and design to be than 90 days after the end of the budget Telephone: (770) 488–2719, E-mail used to evaluate the IPV surveillance period; and address: [email protected] system, including what will be 3. Final financial and performance For program technical assistance evaluated, data to be used, who will reports, no more than 90 days after the contact: Enrique Nieves, Project Officer, perform the evaluation and the time it end of the project period. National Center for Injury Prevention will take (timeline) to do the evaluation. Send all reports to the Grants and Control, Centers for Disease Control b. The extent to which the applicant Management Specialist identified in the and Prevention, 4770 Buford Highway, provides evidence of staff availability, ‘‘Where to Obtain Additional N.E., Mailstop K–63, Atlanta, GA 30341, expertise, and capacity to evaluate Information’’ section of this Telephone: (770) 488–1281, E-mail surveillance activities. announcement. address: [email protected]

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Dated: May 20, 1999. for a 12-month budget period within a 2. Analyze data and interpret John L. Williams, project period of up to three years. findings. Director, Procurement and Grants Office, Funding estimates may change. 3. Disseminate study results to the Centers for Disease Control and Prevention Continuation awards within an occupational safety and health (CDC). approved project period will be made community. [FR Doc. 99–13332 Filed 5–25–99; 8:45 am] on the basis of satisfactory progress as 4. Publish study findings. BILLING CODE 4163±18±P evidenced by required reports and the B. CDC/NIOSH Activities availability of funds. 1. Provide scientific and technical DEPARTMENT OF HEALTH AND D. Program Interests collaboration in the development of the HUMAN SERVICES Research applications are sought that study design, protocol, and data focus on the systematic evaluation of analysis. Centers for Disease Control and the effectiveness of interventions. Of 2. Assist (if appropriate) in the Prevention interest are fully-developed development of a research protocol for [Program Announcement 99150] interventions which are ready for Institutional Review Board (IRB) review implementation as well as evaluations by all cooperating institutions National Institute for Occupational of the effectiveness of interventions participating in the research project. Safety and Health; Intervention which have already been implemented. The CDC IRB will review and approve Effectiveness; Notice of Availability of Applications for comparative analyses the protocol initially and on at least an Funds of the effectiveness of alternate options annual basis until the research project is (e.g., cost-effectiveness) are also completed. A. Purpose 3. Assist awardees on data analysis, solicited. The interventions to be and interpretation of findings. The Centers for Disease Control and evaluated could be defined at any level Prevention (CDC) announces the of complexity, and range from a F. Application Content availability of fiscal year (FY) 1999 regulatory or voluntary occupational funds for a cooperative agreement Use the information in the safety or health standard to the change Cooperative Activities, Other program for support to accomplish of a single, specific work process, research in the National Occupational Requirements and Evaluation Criteria control technology, training program, or sections to develop the application Research Agenda (NORA) Priority area informational campaign. Encouraged are of intervention effectiveness. This content. Your application will be interdisciplinary projects which evaluated on the criteria listed, so it is program addresses the ‘‘Healthy People include, as appropriate, the fullest 2000’’ priority area(s) of Occupational important to follow them in laying out complement possible of outcome your program plan. The narrative Safety and Health. The purpose of the measures. These measures could program is to provide support to eligible should be no more than 25 double- include health and safety outcomes spaced pages. The original and each applicants to develop intervention (e.g., reductions in injury, disability, strategies, and/or assess the copy of the application must be stress, or hazard exposure); economic submitted unstapled and unbound. All effectiveness of intervention techniques outcomes (e.g, the effect of the in reducing or preventing workplace materials must be typewritten, double- intervention on productivity, employee spaced, with unreduced type (font size injuries and illnesses. turnover, income, medical, and or 12 point) on 81⁄2′′ by 11′′ paper, with at B. Eligible Applicants societal costs); and/or social outcomes least 1′′ margins, headers, and footers, (e.g., social roles and relationships at and printed on one side only. Do not Applications may be submitted by work and in the family and other public and private nonprofit and for- include any spiral or bound materials or aspects of the work-family interface.) pamphlets. Appendices should have profit organizations and by governments These examples of potential health, and their agencies; that is, universities, indexes and include: (1) support letters; economic, and social outcome measures (2) information on key personnel; and colleges, research institutions, hospitals, are provided only to illustrate the range other public and private nonprofit and (3) other supporting documentation. of outcomes of interest, not to represent Applications should follow the PHS for-profit organizations, State and local an exclusive listing. governments or their bona fide agents, 398 (Rev. 5/95) application and Errata Encouraged are applications to Federally recognized Indian tribal sheet, and should include the following evaluate interventions in any industry governments, Indian tribes, or Indian information: sector; however, special consideration tribal organizations, and small minority 1. The project’s focus that justifies the will be given to applications to evaluate businesses. research needs and describes the interventions in agriculture, scientific basis for the research, the Note: Public Law 104–65 states that an construction, services (especially health expected outcome, and the relevance of organization described in section 501(c)(4) of care), and mining. the Internal Revenue Code of 1986 that the findings to reduce or prevent engages in lobbying activities is not eligible E. Cooperative Activities workplace injuries and illnesses. to receive Federal funds constituting an 2. Specific, measurable, and time- award, grant, cooperative agreement, In conducting activities to achieve the framed objectives. contract, loan, or any other form. purpose of this program, the recipient 3. A detailed plan describing the will be responsible for activities under methods by which the objectives will be C. Availability of Funds A. (Recipient Activities), and CDC/ achieved and evaluated, including their Approximately $350,000 is available NIOSH will be responsible for the sequence. in FY 1999 to fund five to seven awards. activities listed under B. (CDC/NIOSH 4. A description of the principal It is expected that the average award Activities). investigator’s role and responsibilities. will be $60,000 and will range from 5. A description of all the project staff A. Recipient Activities $30,000 to $50,000. It is expected that regardless of their funding source. It the award will begin on or about 1. Develop and implement a study should include their title, qualifications, September 30, 1999, and will be made protocol. experience, percentage of time each will

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The other entities that will relate to the The extent to which job descriptions, technical significance and originality of proposed project, if applicable. It should proposed staffing, staff qualifications the proposed study. The extent to which include commitments of support and a and experience, and curricula vitae for appropriateness and adequacy of the clear statement of their roles. both the proposed and current staff study design and methodology proposed 8. An explanation of how the research indicate the applicant’s ability to carry to carry out the project. The extent to findings will contribute to the national out the objectives of the program. The which the applicant demonstrates that effort to reduce or prevent workplace extent to which adequacy of the the study population and/or setting can injuries and illnesses. applicant’s facilities, equipment, and be generalized to other work settings other resources are available for G. Submission and Deadline doing similar work. performance of the project. Letter of Intent (LOI) 2. Study Population and Methods (15 5. Collaboration (15 points) The letter of intent must be submitted points) on or before June 11, 1999, to: Sheryl L. (A) The extent to which the proposed The extent to which concurrence with Heard, Grants Management Specialist, study will meet study objectives. The the applicant’s plans by all other Grants Management Branch, extent to which the applicant describes involved parties is specific and Procurement and Grants Office the study population, including documented (e.g. support for proposed Announcement 99150, Centers for information on the ages and work activities as well as commitment to Disease Control and Prevention (CDC), experiences of the study population. participate; letters of support and/or 2920 Brandywine Road, Room 3000, The extent to which the study memorandum of understanding). The Atlanta, Georgia 30341. population and/or setting in which the extent to which the partners are clearly described and their qualifications for Application study or analyses are undertaken are adequate for achieving the desired their component of the proposed work Submit the original and five copies of objectives. The extent to which the are explicitly stated. The extent to PHS 398 (OMB Number 0925–0001 and applicants demonstrate the ability to which the applicant demonstrates adhere to the instructions on the Errata address modifying factors that may vary access to work sites or datasets that are Instruction sheet for PHS 398). Forms across work sites, such as characteristics critical to study completion. are in the application kit. On or before July 12, 1999, submit the of equipment, training and supervision, 6. Budget Justification (Not Scored) and job experience of workers. application to: Sheryl Heard, Grants The extent to which the budget is (B) The extent to which the applicant Management Specialist, Grants reasonable, clearly justified, and has met the CDC policy requirements Management Branch, Procurement and consistent with limited use of funds. Grants Office Announcement 99150, regarding the inclusion of women, Centers for Disease Control and ethnic, and racial groups in the 7. Human Subjects (Not Scored) proposed research. This includes: Prevention (CDC), 2920 Brandywine If human subjects will be involved, (1) the proposed plan for the Road, Room 3000, Atlanta, Georgia the extent to which the applicant inclusion of both sexes and racial and 30341. describes how they will be protected, ethnic minority populations for Deadline: Applications shall be i.e., describe the review process which appropriate representation; including considered as meeting the deadline if will govern human subjects. they are either: anticipated levels of representation of A. Received on or before the deadline these groups in the sampling plan; (2) I. Other Requirements date; or the proposed justification when Technical Reporting Requirements representation is limited or absent; (3) a B. Sent on or before the deadline date Provide CDC with original plus two statement as to whether the design of and received in time for processing. copies of the study is adequate to measure (Applicants must request a legibly dated 1. annual progress reports; differences when warranted; and (4) a U.S. Postal Service postmark or obtain 2. financial status report, no more statement as to whether the plans for a legibly dated receipt from a than 90 days after the end of the budget recruitment and outreach for study commercial carrier or U.S. Postal period; and participants include the process of Service. Private metered postmarks shall 3. final financial status and not be acceptable as proof of timely establishing partnerships with community(ies) and recognition of performance reports, no more than 90 mailing.) days after the end of the project period. Late Applications: Applications mutual benefits. Send all reports to the Grants which do not meet the criteria in (a) or 3. Goals and Objectives (15 points) Management Specialist identified in the (b) above are considered late ‘‘Where to Obtain Additional applications, will not be considered, The extent to which the applicant has Information’’ section of this and will be returned to the applicant. included goals and objectives that are specific, measurable, time-phased, announcement. H. Evaluation Criteria feasible to be accomplished during the The following additional Applications which are complete and project period, and which address all requirements are applicable to this responsive will be reviewed and activities necessary to accomplish the program. For a complete description of evaluated by an Independent Special purpose of the application. The extent each, see Attachment I (included in the Emphasis Panel in accordance with the to which the applicant clearly states the application package). following criteria: evaluation method for evaluating the AR–1 Human Subjects Requirements

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AR–2 Requirements for Inclusion of DEPARTMENT OF HEALTH AND The Director, Management Analysis Women and Racial and Ethnic HUMAN SERVICES and Services Office has been delegated Minorities in Research the authority to sign Federal Register Centers for Disease Control and AR–9 Paperwork Reduction Act notices pertaining to announcements of Prevention meetings and other committee Requirements management activities for both the CDC AR–10 Smoke-Free Workplace Advisory Committee for Energy- and ATSDR. Requirements Related Epidemiologic Research: Conference Call Meeting Dated: May 21, 1999. AR–11 Healthy People 2000 Carolyn J. Russell, AR–12 Lobbying Restrictions In accordance with section 10(a)(2) of Director, Management Analysis and Services the Federal Advisory Committee Act Office, Centers for Disease Control and J. Authority and Catalog of Federal (Pub. L. 92–463), the Centers for Disease Prevention (CDC). Domestic Assistance Number Control and Prevention (CDC) [FR Doc. 99–13488 Filed 5–25–99; 8:45 am] announces the following conference call This program is authorized under BILLING CODE 4163±18±P meeting. section 20(a) and 22(c)(7) of the Name: Advisory Committee for Occupational Safety and Health Act of Energy-Related Epidemiologic Research DEPARTMENT OF HEALTH AND 1970, [29 U.S.C. 669(a) and 671(e)(7)]. (ACERER). HUMAN SERVICES The Catalog of Federal Domestic Time and Date: 2 p.m.–3 p.m., EDT, Assistance number is 93.283. May 27, 1999. Centers for Disease Control and Place: The conference call will Prevention K. Where To Obtain Additional originate at the National Center for Information Environmental Health (NCEH), CDC, in Advisory Committee on Immunization Practices: Meeting The application kit for program Atlanta, Georgia. Please see announcement 99150 can be SUPPLEMENTARY INFORMATION for details In accordance with section 10(a)(2) of downloaded from the CDC home page on accessing the conference call. the Federal Advisory Committee Act on the Internet: http://www.cdc.gov. Status: Open to the public, limited (Pub. L. 92–463), the Centers for Disease (Click on Funding) only by the availability of telephone Control and Prevention (CDC) ports. announces the following committee Please refer to Program Purposes: This committee is charged meeting: Announcement 99150 when you request with providing advice and NAME: Advisory Committee on information. To receive additional recommendations to the Secretary, Immunization Practices (ACIP). written information and to request an Health and Human Services (HHS); the TIMES AND DATES: application kit, call 1–888–GRANTS4 Assistant Secretary for Health, HHS; the 8:45 a.m.–5:30 p.m., June 16, 1999. (1–888 472–6874). You will be asked to Director, CDC; and the Administrator, 8 a.m.–3 p.m., June 17, 1999. leave your name and address and will Agency for Toxic Substances and PLACE: Atlanta Marriott North Central, Disease Registry, on establishment of a be instructed to identify the 2000 Century Boulevard, NE, Atlanta, research agenda and the conduct of a Announcement number of interest. Georgia 30345–3377. If you have questions after reviewing research program pertaining to energy- related analytic epidemiologic studies. STATUS: Open to the public, limited only the contents of all the documents, Matters To Be Discussed: The by the space available. business management technical conference call agenda is to reach Purpose assistance may be obtained from: Sheryl consensus on whether or not the Heard, Grants Management Specialist, The Committee is charged with ACERER should take on the evaluation advising the Director, CDC, on the Procurement and Grants Office of the National Cancer Institute’s Announcement 99150, Centers for appropriate uses of immunizing agents. Chernobyl study. In addition, under 42 U.S.C. § 1396s, the Disease Control and Prevention (CDC), Agenda items are subject to change as Committee is mandated to establish and 2920 Brandywine Road, Room 3000, priorities dictate. periodically review and, as appropriate, Atlanta, GA 30341, telephone (770) SUPPLEMENTARY INFORMATION: This 488–2723, Email address revise the list of vaccines for conference call is scheduled to begin at administration to vaccine-eligible [email protected]. 2 p.m., Eastern Time. To participate in children through the Vaccines for For program technical assistance, the conference call, please dial 1–877– Children (VFC) program, along with contact: Susan Board, National Institute 322–9654 and enter conference code schedules regarding the appropriate for Occupational Safety and Health, 457922. You will then be automatically periodicity, dosage, and Centers for Disease Control and connected to the call. This notice is contraindications applicable to the Prevention (CDC), OECSP, 1600 Clifton being published less than 15 days before vaccines. Road, Mailstop D40, Atlanta, Georgia the meeting due to the urgency of Matters To Be Discussed 30333, Telephone: (404) 639–2376, responding to a request made to the Email: [email protected] ACERER by the Deputy Assistant The agenda will include updates from Secretary for Science Policy, HHS. the Food and Drug Administration; Dated: May 20, 1999. CONTACT PERSON FOR MORE INFORMATION: update from the National Center for Diane D. Porter, Michael J. Sage, Executive Secretary, Infectious Diseases; the National Acting Director, National Institute for ACERER, and Deputy Director, Division Immunization Program; the Vaccine Occupational Safety and Health Centers for of Environmental Hazards and Health Injury Compensation Program; the Disease Control and Prevention (CDC). Effects, NCEH, CDC, 4770 Buford National Vaccine Program; the adult [FR Doc. 99–13330 Filed 5–25–99; 8:45 am] Highway, NE, (F–28), Atlanta, Georgia immunization working group; the BILLING CODE 4163±19±P 30341–3724, telephone 770/488–7040, general recommendations working fax 770/488–7044. group; issues related to transition to an

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Vaccines for Children resolution for Project Duration hepatitis B vaccine; recommendation for Administration of Children and use of pneumococcal conjugate vaccine; Families Awards, on a competitive basis, will revaccination with pneumococcal [Program Announcement No. ACF/ACYF be for a one-year budget period; project polysaccharide vaccine; pneumococcal 99±06] periods will be for five years. polysaccharide vaccine in adults with Federal Share of Projects HIV infection; update on influenza; Fiscal Year 1999 Discretionary Although there are no matching American Academy of Family Announcement for Head Start Family Literacy Projects requirements, applicants are encouraged Physicians recommendation for to provide non-Federal contributions to universal influenza vaccination starting AGENCY: Administration on Children, the project. at age 50 years; status of immunization Youth and Families (ACYF), of bone marrow transplant (BMT) Administration for Children and Statutory Authority: The Head Start Act, as amended, 42 U.S.C. 9831 et seq. recipients publication; discussion on Families (ACF), DHHS. (Catalog of Federal Domestic Assistance. vaccines related to bioterrorism; ACTION: Notice of announcement of the Number 93.600, Head Start) teaching immunization for medical availability of funds and request for Dated: May 20, 1999. education (TIME) project; applications from organizations with Patricia Montoya, recommendations for nursing home experience in family literacy efforts to immunization: a HCFA/CDC develop training and technical Commissioner, Administration on Children, Youth and Families. collaboration; cost-effectiveness and assistance programs in family literacy [FR Doc. 99–13425 Filed 5–25–99; 8:45 am] economic analysis of immunization for Head Start and Early Head Start compared to other health interventions; grantees. BILLING CODE 4184±01±M electronic updating of ACIP SUMMARY: The Administration on recommendations; and Institute of Children, Youth and Families is making DEPARTMENT OF HEALTH AND Medicine report on priorities for available $3,000,000 annually for each HUMAN SERVICES vaccines development. Other matters of of the next five years to support one or relevance among the committee’s more family literacy projects (FLPs). Food And Drug Administration objectives may be discussed. The project(s) funded under this effort [Docket No. 99F±1420] Agenda items are subject to change as will work cooperatively with the Head priorities dictate. Start Bureau in designing and Goodyear Tire and Rubber Co.; Filing implementing training and technical of Food Additive Petition CONTACT PERSON FOR MORE INFORMATION: assistance programs to support and AGENCY: John R. Livengood, M.D., Director, strengthen the family literacy activities Food and Drug Administration, Division of Epidemiology and carried out by Head Start/Early Head HHS. Surveillance, National Immunization Start grantees. ACTION: Notice. Program, CDC, 1600 Clifton Road, NE, The overall goal of the family literacy SUMMARY: M/S E–61, Atlanta, Georgia 30333, project is to improve the quality, The Food and Drug telephone 404/639–8254. intensity and outcomes of the family Administration (FDA) is announcing that Goodyear Tire and Rubber Co. has The Director, Management Analysis literacy services provided by Head Start and Early Head Start grantees in order filed a petition proposing that the food and Services office has been delegated additive regulations be amended to the authority to sign Federal Register to increase lifelong learning for Head Start and Early Head Start children and provide for the safe use of butylated notices pertaining to announcements of their parents and to assist families in reaction product of p-cresol and meetings and other committee achieving self sufficiency. The dicyclopentadiene as an antioxidant in management activities for both the cooperative agreement(s) will be pressure sensitive adhesives intended Centers for Disease Control and awarded competitively to eligible for use in contact with food. Prevention and the Agency for Toxic applicant(s). FOR FURTHER INFORMATION CONTACT: Vir Substances and Disease Registry. DATES: The closing date and time for D. Anand, Center for Food Safety and Dated: May 20, 1999. receipt of applications is 5:00 p.m. Applied Nutrition (HFS–215), Food and Drug Administration, 200 C St. SW., Carolyn J. Russell (Eastern Time Zone). Washington, DC 20204, 202–418–3081. Director, Management Analysis and Services FOR FURTHER INFORMATION CONTACT: A Office, Centers for Disease Control and copy of the program announcement and SUPPLEMENTARY INFORMATION: Under the Prevention (CDC). Necessary application forms can be Federal Food, Drug, and Cosmetic Act [FR Doc. 99–13333 Filed 5–25–99; 8:45 am] obtained by contacting: Family Literacy (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), notice is given that a food additive BILLING CODE 4163±18±P Projects, ACYF Operation Center, 1815 North Fort Myer Drive, Suite 300, petition (FAP 9B4663) has been filed by Arlington, Virginia 22209. The Goodyear Tire and Rubber Co., c/o telephone number is: 1–800–351–2293. Keller and Heckman LLP, 1001 G St. Copies of the program announcement NW., suite 500 West, Washington, DC can be downloaded from the Head Start 20001. The petition proposes to amend web site at: www.acf.dhhs.gov/ the food additive regulations in programs/hsb § 175.125 Pressure-sensitive adhesives (21 CFR 175.125) to provide for the safe Eligible Applicants use of butylated reaction product of p- Applicants must be public or private cresol and dicyclopentadiene as an nonprofit or for-profit organizations antioxidant in pressure sensitive

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28501 adhesives intended for use in contact copolymers intended for use in contact person by June 4, 1999. Oral with food. with food. presentations from the public will be The agency has determined under 21 The agency has determined under 21 scheduled between approximately 9 CFR 25.32(i) that this action is of the CFR 25.32(I) that this action is of the a.m. and 10 a.m., and for an additional type that does not individually or type that does not individually or 30 minutes near the end of the cumulatively have a significant effect on cumulatively have a significant effect on committee deliberations. Time allotted the human environment. Therefore, the human environment. Therefore, for each presentation may be limited. neither an environmental assessment neither an environmental assessment Those desiring to make formal oral nor an environmental impact statement nor an environmental impact statement presentations should notify the contact is required. is required. person before June 4, 1999, and submit Dated: May 5, 1999. Dated: May 5, 1999. a brief statement of the general nature of Alan M. Rulis, Alan M. Rulis, the evidence or arguments they wish to present, the names and addresses of Director, Office of Premarket Approval, Director, Office of Premarket Approval, Center for Food Safety and Applied Nutrition. Center for Food Safety and Applied Nutrition. proposed participants, and an indication of the approximate time [FR Doc. 99–13347 Filed 5–25–99; 8:45 am] [FR Doc. 99–13254 Filed 5–25–99; 8:45 am] requested to make their presentation. BILLING CODE 4160±01±F BILLING CODE 4160±01±F Closed Committee Deliberations: On June 18, 1999, from 4:30 p.m. to 5:30 DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND p.m., the meeting will be closed to the HUMAN SERVICES HUMAN SERVICES public to permit discussion and review of trade secret and/or confidential Food And Drug Administration Food and Drug Administration commercial information (5 U.S.C. 552b(c)(4)) relating to present and future Ear, Nose, and Throat Devices Panel of [Docket No. 99F±1422] agency issues. the Medical Devices Advisory Notice of this meeting is given under Sumitomo Chemical Co. Ltd.; Filing of Committee; Notice of Meeting the Federal Advisory Committee Act (5 Food Additive Petition AGENCY: Food and Drug Administration, U.S.C. app. 2). AGENCY: Food and Drug Administration, HHS. Dated: May 20, 1999. HHS. ACTION: Notice. Michael A. Friedman, Deputy Commissioner for Operations. ACTION: Notice. This notice announces a forthcoming [FR Doc. 99–13348 Filed 5–25–99; 8:45 am] meeting of a public advisory committee SUMMARY: The Food and Drug BILLING CODE 4160±01±F Administration (FDA) is announcing of the Food and Drug Administration that Sumitomo Chemical Co., Ltd. has (FDA). At least one portion of the filed a petition proposing that the food meeting will be closed to the public. DEPARTMENT OF HEALTH AND additive regulations be amended to Name of Committee: Ear, Nose, and HUMAN SERVICES provide for the expanded safe use of 2,4- Throat Devices Panel of the Medical di-tert-pentyl-6-[1-(3,5-di-tert-pentyl-2- Devices Advisory Committee. Health Resources and Services hydroxyphenyl)ethyl]phenyl acrylate as General Function of the Committee: Administration an antioxidant and/or stabilizer for To provide advice and In accordance with section 10(a)(2) of polypropylene, polystyrene, rubber recommendations to the agency on the Federal Advisory Committee Act modified polystyrene, and styrene block FDA’s regulatory issues. Date and Time: The meeting will be (Public Law 92–463), announcement is copolymers intended for use in contact held on June 18, 1999, 8:30 a.m. to 5:30 made of the following National with food. p.m. Advisory body scheduled to meet FOR FURTHER INFORMATION CONTACT: Vir Location: Corporate Bldg., conference during the month of June 1999: D. Anand, Center for Food Safety and room 020B, 9200 Corporate Blvd., Applied Nutrition (HFS–215), Food and Name: Maternal and Child Health Rockville, MD. Research Grants Review Committee Drug Administration, 200 C St. SW., Contact Person: Harry R. Sauberman, Date: June 16–18, 1999 (Wednesday, Washington, DC 20204, 202–418–3081. Center for Devices and Radiological Thursday and Friday) SUPPLEMENTARY INFORMATION: Under the Health (HFZ–460), Food and Drug Time: 8:00 a.m. to 5:00 p.m. Federal Food, Drug, and Cosmetic Act Administration, 9200 Corporate Blvd., Place: Holiday Inn Chevy Chase, 5520 (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Rockville, MD 20850, 301–594–2080, or Wisconsin Avenue, Chevy Chase, Maryland notice is given that a food additive FDA Advisory Committee Information 20815. petition (FAP 9B4661) has been filed by Line, 1–800–741–8138 (301–443–0572 The meeting is open on Wednesday, June 16 from 9:00–10:00 a.m., and closed for the Sumitomo Chemical Co., Ltd., c/o Keller in the Washington, DC area), code remainder of the meeting. and Heckman LLP, 1001 G St. NW., 12522. Please call the Information Line suite 500 West, Washington, DC 20001. for up-to-date information on this Agenda The petition proposes to amend the food meeting. The open portion of the meeting will cover additive regulations in § 178.2010 Agenda: The committee will discuss opening remarks by the Acting Director, Antioxidants and/or stabilizers for generic issues relating to the safety and Division of Research, Training and polymers (21 CFR 178.2010) to provide efficacy of middle ear amplification Education, who will report on program for the expanded safe use of 2,4-di-tert- devices. issues, congressional activities, and other topics of interest to the field of maternal and pentyl-6-[1-(3,5-di-tert-pentyl-2- Procedure: Interested persons may child health. The meeting will be closed to hydroxyphenyl)ethyl]phenyl acrylate as present data, information, or views, the public on Wednesday, June 16, 1999 from an antioxidant and/or stabilizer for orally or in writing, on issues pending 10:00 a.m., to the remainder of the meeting, polypropylene, polystyrene, rubber before the committee. Written for the review of grant applications. The modified polystyrene, and styrene block submissions may be made to the contact closing is in accordance with the provisions

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28502 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices set forth in section 552b(c)(6), Title 5 U.S.C., FOR FURTHER INFORMATION CONTACT: a copy of the individual’s state licensing and the Determination by the Associate Wayne Eddins, Reports Management and/or state certification Administrator for Management and Program Officer, Department of Housing and documentation. Support, Health Resources and Services Urban Development, 451 Seventh Street, (b) Each FHA approved appraiser, Administration, pursuant to Public Law 92– SW, Washington, DC 20410, telephone 463. will conduct appraisals of FHA-insured, Anyone wishing to obtain a roster of (202) 708–0050. This is not a toll-free or prospective FHA-insured single members, minutes of meetings, or other number. Copies of available documents family properties, using the Uniform relevant information should write or contact submitted to OMB may be obtained Residential Appraisal Report (URAR) Gontran Lamberty, Dr. P.H., Executive from Mr. Eddins. and the Valuation Condition Sheet (VC Secretary, Maternal and Child Health Grants SUPPLEMENTARY INFORMATION: Sheet) Review Committee, Room 18A–55, Parklawn This Notice informs the public that The estimated number of respondents Building, 5600 Fishers Lane, Rockville, the Department of Housing and Urban is approximately 15,000. The estimated Maryland 20857, or by telephone at (301) Development (HUD) has submitted to number of appraisals per respondent is 443–2190. OMB, for emergency processing, an estimated to 80 per year. Dated: May 14, 1999. information collection package (3) Description of the need for the Jane Harrison, employing new forms pertaining to information and its proposed use: Director, Division of Policy Review and appraisals of FHA-insured single family The information collection is essential Coordination. properties. This emergency processing so that HUD can ensure that appraisals [FR Doc. 99–13349 Filed 5–25–99; 8:45 am] is essential to provide for the of HUD-insured single family properties BILLING CODE 4160±15±P immediate, ongoing, responsible are conducted by individuals who are administration of FHA-insured single qualified, trained and knowledgeable in family properties, and to ensure that the the real estate appraisal field and that appraisals are thorough and are the appraisals of HUD-insured single DEPARTMENT OF HOUSING AND conducted by State-licensed or State- URBAN DEVELOPMENT family properties or prospective insured certified appraisers. The success of the properties are thorough and FHA insurance program and HUD’s independent. [Docket No. FR±4356±N±20] ability to protect its financial interest (4) Description of the likely and that of the taxpayers in these Notice of Submission of Proposed respondents, including the estimated properties begins with selection of number of likely respondents, and Information Collection to OMB Single qualified and knowledgeable appraisers Family Appraisals; Emergency proposed frequency of response to the and thorough and independent collection of information: Request appraisals of properties. It is necessary Eligible appraisers are individuals for HUD to implement this new process AGENCY: Office of the Assistant already State-licensed or State-certified as soon as possible to reduce risk to the Secretary for Housing, HUD. as appraisers. The estimated number of FHA insurance fund by providing for respondents for all collections ACTION: Notice. more thorough appraisals, conducted by pertaining to this request is 15,000. The knowledgeable and qualified appraisers, SUMMARY: The proposed information proposed frequency of the response to and therefore better protect HUD’s and collection requirement described below the collection of information is one-time the taxpayers interest in the insurance has been submitted to the Office of for acceptance to the approval roster fund. Management and Budget (OMB) for list. The application need only be The Department has submitted the emergency review and approval by June submitted once. The frequency of proposal for the collection of 1, 1999, as required by the Paperwork submission of the URAR and the VC information, as described below, to Reduction Act. The Department is Sheet depends upon the number of OMB for review, as required by the soliciting public comments on the properties appraised. the Department Paperwork Reduction Act (44 U.S.C. subject proposal. estimates 80 per respondent on an Chapter 35): annual basis. DATES: The due date for comments is: (1) Title of the information collection June 1, 1999. proposal: (5) Estimate of the total reporting and ADDRESSES: Interested persons are ‘‘Appraisals of FHA-insured Single recordkeeping burden that will result invited to submit comments regarding Family Properties’’ from the collection of information: the proposal. Comments should refer to (2) Summary of the collection of Reporting Burden for the Appraiser the proposal by name and should be information: Certification: sent to Joseph F. Lackey, Jr., HUD Desk (a) Each individual seeking to become Number of respondent: 50,000 Officer, Office of Management and an FHA approved appraiser must Total burden hours (@ 0.50 hours per Budget, New Executive Office Building, submit Form HUD–92563 ‘‘Roster response): 25,000 Washington, DC 20503. Appraiser Designation Application and Reporting Burden for the VC Sheet:

Number of Number of Total annual Hours per Total hours Description respondents responses per responses responses response

VC Form ...... 15,000 80 1,200,000 0.30 360,000 Homebuyer Summary ...... 15,000 80 1,200,000 0.10 120,000 Application for Fee Personnel Designation ...... 50,000 1 50,000 0.50 25,000

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Authority: Section 3507 of the Paperwork The Public Securities Association, statement of their objections, if any, to Reduction Act of 1995, 44 U.S.C. Chapter 35, now The Bond Market Association release of the information. Such as amended. (TBMA), has long requested various statement shall specify all grounds for Dated: May, 1999. information about the mortgages withholding the information and shall David S. Cristy, backing the securities. Specifically, specifically demonstrate why the Director, IRM Policy and Management TBMA has requested information information is a trade secret or Division. regarding the geographic location of the commercial or financial information [FR Doc. 99–13486 Filed 5–25–99; 8:45 am] loans in each pool by State, the number that is privileged or confidential. If a BILLING CODE 4210±27±M of loans in the pool, and the breakdown commenter maintains that disclosure of loans in each pool by insurance or would cause competitive harm, for guaranty program, generally FHA or VA. example, the statement should show DEPARTMENT OF HOUSING AND Ginnie Mae has made an initial policy that disclosure would reasonably be URBAN DEVELOPMENT determination that release and expected to cause such harm. publication of this information for each [Docket No. FR±4493±N±01] Conclusory statements that the pool in the Ginnie Mae mortgage-backed information would be useful to Ginnie Mae Release of Certain securities (MBS) program would be competitors or similar conclusory Geographic and Other Data on advantageous to investors and to the statements generally will not be Mortgage-Backed Securities MBS program. At present, the considered sufficient to justify Government Sponsored Entities disclose confidential treatment. AGENCY: Government National Mortgage such information with respect to their Ginnie Mae will carefully consider Association (Ginnie Mae), HUD. MBS. Unless this information is commenters’ objections before ACTION: Notice. available, investors may use less determining whether to disclose the favorable assumptions when pricing information. If Ginnie Mae decides to SUMMARY: This notice sets forth the Ginnie Mae guaranteed securities. If this disclose the information over the intent of Ginnie Mae, a government information is available to investors, the objections of a submitter, Ginnie Mae corporation within the Department of net effect should be more accurate will advise the submitter in a written Housing and Urban Development pricing and tighter yield spreads. Those notice of its intent to disclose the (HUD), to release certain geographic and yield spreads will inure to the benefit of information 10 working days before the other data submitted by Ginnie Mae the ultimate beneficiaries of the Ginnie specified disclosure date. issuers. Mae MBS program—the purchasers of Dated: May 19, 1999. DATES: homes financed through federally Effective date: May 26, 1999. George S. Anderson, Comments due date: Comments insured or guaranteed loans. Ginnie Mae presently intends to Executive Vice President, Government objecting to the release of the National Mortgage Association. information described in this notice are respond to TBMA’s request by [FR Doc. 99–13264 Filed 5–25–99; 8:45 am] due on or before June 9, 1999. commencing publication of this information at a date in July 1999, and BILLING CODE 4210±01±P FOR FURTHER INFORMATION CONTACT: Robert Fry, Director, Capital Markets, to continue to publish this information on a quarterly basis thereafter. Room 6210, Department of Housing and The Department of Justice has advised DEPARTMENT OF THE INTERIOR Urban Development, 451 Seventh Street, HUD that, in the case of numerous SW, Washington, DC 20410; telephone information submitters, disclosure by an Fish and Wildlife Service 1–202–401–8970 (this is not a toll free agency is permitted after publication of Notice of Availability of a Draft Jersey number). Speech or hearing impaired the agency’s intent to release such Coast Refuges Comprehensive individuals may access this number via information in a manner calculated to Conservation Plan for Review and TTY by calling the toll free Federal provide notice and affording affected Information Relay Service at 1–800– parties an opportunity to comment. Comment 877–8339. Such notice and opportunity to AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: The comment serves in lieu of publication of Interior. Government National Mortgage a notice and comment regulation. HUD ACTION: Notice of document availability. Association (Ginnie Mae), a corporation first used this procedure in connection that is wholly owned by the federal with disclosure of past note sale bids by SUMMARY: The U.S. Fish and Wildlife government, was created in 1968 to publication in the Federal Register and Service announces the availability for assist in the movement of funds from the Commerce Business Daily (see 63 FR public review of a draft Comprehensive investors into the housing market. 36255 (July 2, 1998) and CBDNet Conservation Plan for Edwin B. Ginnie Mae guarantees the timely Submission No. 230722 (July 30, 1998)). Forsythe National Wildlife Refuge and payment of principal and interest on Following this procedure, Ginnie Mae is Cape May National Wildlife Refuge— single and multiclass mortgage-backed publishing this notice of Ginnie Mae’s collectively known as the Jersey Coast securities issued by private institutions. intent to release this information and to Refuges. This plan will assist the The securities are backed by pools of continue the quarterly release of this Service in identifying what role the mortgage loans which are insured or information. Refuges will play in supporting the guaranteed by the Federal Housing Commenters should submit their mission of the National Wildlife Refuge Administration (FHA), the Department statements to the Ginnie Mae contact System and addressing community of Veterans Affairs (VA), the Rural identified in the FOR FURTHER expectations for public use. Housing Service, and the Secretary of INFORMATION section of this notice. The draft plan describes two HUD under section 184 of the Housing Ginnie Mae is particularly interested in alternatives for management of the and Community Development Act of receiving comments from Ginnie Mae Refuges, and discusses the process used 1992 (Pub.L. 102–550, approved submitters and investors. Commenters to develop the alternatives and their October 28, 1992; 106 Stat. 3672, 3739; shall have until June 9, 1999 to provide environmental consequences. It 12 U.S.C. 1715z–13a). Ginnie Mae with a detailed written describes the potential effects of each

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28504 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices alternative on the physical, biological, formatting and other essential the attainment of biological ends—the and socio-economic environment. The application information is provided conservation of migratory birds and the No Act Alternative discusses the here. Funding is limited to projects North American wetland ecosystems Service’s current level of activities for located in the United States. upon which many species of migratory habitat and population management, DATES: Initial proposals (pre-proposals) birds and other wildlife depend. The public recreation opportunities, land must bear postmarks no later than evaluation grants program, described acquisition, and office and visitor Thursday, July 15, 1999. below, is designed to address how facilities. The Action Alternative will ADDRESSES: Address proposals to: North successfully the program is delivering allow the Service to initiate or expand American Waterfowl and Wetlands the migratory bird and other wildlife additional habitat and population Office, U.S. Fish and Wildlife Service, resource benefits anticipated by the Act. management efforts, wildlife-dependent 4401 North Fairfax Drive, Suite 110, 1.1 The Purposes of the Act recreation opportunities, land Arlington, Virginia, 22203, Attn: Any strategy for implementing protection efforts, and consider new Evaluation Grants Coordinator. office and visitor center facilities. NAWCA or procedures for monitoring The Service is seeking public input on FOR FURTHER INFORMATION CONTACT: Dr. and evaluating its effectiveness must the Draft Comprehensive Conservation Rex R. Johnson, Evaluation Grants arise from the purposes of the Act: Plan. With public review and input to Coordinator, North American Waterfowl and Wetlands Office, Patuxent Wildlife ** * To encourage partnerships among this draft, the Action Alternative will be public agencies and other interests— developed in more detail as the Final Research Center, 11510 American Holly (1) To protect, enhance, restore, and Comprehensive Conservation Plan. The Drive, Laurel, Maryland, 20708–4017, manage an appropriate distribution and Final Plan will guide the Service on the 301/497–5674; facsimile 301/497–5706, diversity of wetland ecosystems and other future direction and management of E.B. rex—[email protected]. habitats for migratory birds and other fish Forsythe NWR and Cape May NWR for SUPPLEMENTARY INFORMATION: and wildlife in North America; (2) To maintain current or improved the next 15 years. North American Wetlands distributions of migratory bird populations; The Plan is available from the refuges, Conservation Act Evaluation Grants and local public libraries in Southern New (3) To sustain an abundance of waterfowl Jersey, and on the Web at http://www/ 1. Introduction and other migratory birds consistent with the fws.gov/r5ebfwr. You may also contact Since its inception in 1989, the North goals of the North American Waterfowl Alison Whitlock: Division of Realty; 300 American Wetlands Conservation Act Management Plan and the international Westgate Center Drive; Hadley, MA (NAWCA or Act) has added a new obligations contained in the migratory bird 01035–9589. treaties and conventions and other dimension to the conservation of agreements with Canada, Mexico, and other Dated: May 21, 1999. wetland-associated migratory birds and countries. Sherry W. Morgan, the diverse wetland ecosystems upon which they and many other fish and These purposes infer an explicit and Geographic Assistant Regional Director— measureable relationship between North. wildlife species depend. Never before had Federal legislation been passed wetland conservation and wetland- [FR Doc. 99–13487 5–25–99; 8:45 am] wildlife management and values at a BILLING CODE 4310±55±M with the express purpose of creating partnerships among Federal and non- North American scale. While habitat Federal wetland conservationists or benefits for all wetland-associated fish and wildlife are recognized, the stated DEPARTMENT OF THE INTERIOR with the explicit goal of implementing management plans emanating from emphasis on the Act is on ‘‘current or Fish and Wildlife Service international treaties and conventions. improved distributions of migratory bird The Act was precedent-setting in its populations’’ consistent with North American Wetlands support of the new and innovative ‘‘international obligations.’’ The Conservation Act: Request for partnerships that were emerging from international migratory patterns of these Evaluation Grant Proposals for Year implementation of the North American birds is the thread which binds the 2000 Waterfowl Management Plan (NAWMP) patchwork of regional and national conservation work into a truly AGENCY: Fish and Wildlife Service, and visionary in its anticipation of major national and international continent-wide quilt of wetland Interior. conservation. ACTION: Notice of request for proposals. conservation initiatives for nongame migratory birds. Moreover, an 1.1.1 Improving NAWCA SUMMARY: The purpose of this notice is institutional framework was created for Implementation Through Evaluation to advise the public that over the period garnering additional resources and Section 19 of the 1994 amendments to June 1, 1999, to July 15, 1999, we, the pooling them to implement, via NAWCA called for the development of U.S. Fish and Wildlife Service (Service), partnerships, high priority wetland ‘‘a strategy to assist in implementation will entertain proposals that request conservation projects across Canada, the of the Act’’ and ‘‘procedures to monitor matching funds for projects that United States, and Mexico. Over the and evaluate the effectiveness of evaluate the success of North American past eight years, $249 million of wetlands conservation projects Wetlands Conservation Act (NAWCA) NAWCA grant funds have been completed under this Act.’’ Specifically projects, or that will ensure the success leveraged with $516 million of partner *** of future NAWCA projects by improving funds and allocated through a highly strategic conservation planning competitive process to 588 projects in Not later than January 31, 1996, the capabilities. We will give funding North America. However, the success of Secretary, in cooperation with the [North American Wetlands Conservation] Council, priority to projects related to existing NAWCA involves more than the to further the purposes of the Act shall— wetland conservation implementation efficient allocation of limited Federal (1) Develop and implement a strategy to plans, to be conducted in a partnership financial resources to support partner assist in the implementation of this Act in mode by wetland managers and projects. The ultimate success of the Act conserving the full complement of North scientists. Project criteria, proposal hinges on efficiency and effectiveness in American wetlands systems and species

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28505 dependent on those systems, that conservation delivery. Migratory bird Preproposals and full proposals incorporates information existing on the date functions should be evaluated in the should be accompanied by a cover page of the issuance of the strategy in final form context of wetland characteristics and with the following information: on types of wetlands habitats and species landscape structure. Projects that dependent on the habitats; and A. Project Title (2) Develop and implement procedures to evaluate the composition, management, B. Principal Investigator’s monitor and evaluate the effectiveness of or dynamics of established conservation 1. Name wetlands conservation projects completed partnerships such as NAWMP Joint 2. Title under this Act. Ventures with a goal of improving 3. Organization partnering strategies also will be The wording of Section 19 is 4. Address favorably considered. consistent with the principles of 5. Telephone number adaptive resource management in which 2.2 Eligibility 6. Facsimile number 7. E-mail address planning, implementation and Funding is limited to U.S. project evaluation function as interrelated parts proposals. 3.1 Project Justification of an iterative cycle. Planning has merit A detailed project justification should only to the extent it provides a strategy 2.3 Project Duration be included in preproposals and full for implementation; and evaluation, Projects of 1–2 years in duration may proposals. The justification should be only to the extent it allows refinements be proposed. Projects spanning 3 years derived from and refer to an established in future planning. Thus, the greatest will be considered but are not conservation organization’s biological benefits of planning, evaluation, or encouraged. Three-year project foundation and explicit objectives for implementation cannot be realized proposals must include an explicit past or current habitat projects, or for without integrated progress in all three justification for the extended duration. populations. The justification should be elements. 2.4 Available Funds developed in light of Evaluation Grant 2. Evaluation Grant Goals goals and review criteria (section 4.2). The total funding package presented To foster persistent partnerships Achieving Evaluation Grant project to the North American Wetlands objectives should result in fulfilling the among wetland and wildlife managers Conservation Council (Council) in and scientists to generate reliable ≤ evaluation needs described in the FY2000 will not total $500,000 of justification. information through evaluation that is NAWCA funds. Selected projects will be used to enhance future Act effectiveness funded for their full duration from the 3.2 Preproposals through improved biological planning FY2000 allocation. A maximum project Five copies of preproposals must be or partnering strategies. funding limit has not been established; submitted by July 15, 1999, and should It cannot be overemphasized that the however, proposals requesting a total of provide a project a set of explicit purpose of Evaluation Grants is to ≤ $100,000 of NAWCA funds are most objectives, preliminary methods, and a maximize the effectiveness of future likely to be selected. budget with a source of matching funds. wetlands conservation projects Preproposals should adhere to the completed under the Act. Evaluation 2.4.1 Matching Funds Requirements following outline: need should be identified by wetland or Project partners must match grant migratory bird managers who have requests with non-federal funds or other A. Justification (project description, traditionally implemented conservation contributions by at least a 1-to-1 ratio. explicit objectives) activities under the Act. Thus, Acceptable matching contributions are B. Preliminary Methods Evaluation Grant proposers should be described in Appendix A. C. Preliminary Budget (see Appendix B) past or potential NAWCA grant and Source of Matching Funds recipients (including, but not limited to, 3. Proposal Development (letters of committment not required NAWMP Joint Venture representatives) Proposal development will proceed in for preproposals) partnered with technically-capable 2 stages beginning with the preparation 3.3 Full Proposals scientists. This partnering approach to and review of brief (3–5 page) evaluation will help ensure that preproposals. Preproposals will be Five copies of full proposals are due Evaluation Grant projects: screened by Council representatives, by November 1, 1999. Full proposals (1) originate from priority who will then work with successful should adhere to the following outline: management information needs for applicants to develop a limited number A. Abstract strategic conservation delivery; into full proposals with objectives, B. Project Description (2) are derived from and support partnerships, products, and outcomes 1. Justification established habitat conservation plans mutually agreed upon by the Council 2. Objectives or objectives; and grant applicants. 3. Methods (3) are sound and scientifically-based; A Principal Investigator (PI) and a Study Area (if appropriate) and Project Officer (PO) that will administer Data Acquisition (4) are used to direct future NAWCA the grant agreement, should be Data Analysis wetland conservation implementation. identified for each project. The PI and 4. Products and Future Applications PO may be the same person. All written 5. Management Outreach 2.1 Priority Projects correspondence will be sent to the PI C. Project Partners and Management Proposed projects should evaluate the and PO; however, the PO must be: D. Budget—(see Appendix B) effectiveness of past or current NAWCA (1) affiliated with the PI’s 1. Funds Requested projects in achieving explicit program organization; 2. Matching Funds or Services objectives, or should result in a refined (2) knowledgeable about biological, 3. Total Project Budget understanding of wetland/landscape partnership, and administrative aspects E. Project Timetable function, or migratory bird responses to of the proposal; and F. Literature Cited wetland habitat management, in ways (3) readily available to provide G. Appendix A—Investigator that enhance future NAWCA information. Qualifications

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H. Appendix B—Letters of Matching the country. Some regions have received or continental migratory bird population Commitment from Partners (see little Act funding while others have responses to landscape-level habitat Appendix C) applied many millions of dollars to conservation objectives. This linkage implement projects. Proposals will be represents a fundamental principle in 4. Preproposal and Full Proposal Review judged on the extent to which they the Council’s evaluation strategy, and Council representatives will review evaluate and affect NAWCA projects, projects seeking to establish or preproposals and full proposals, and past and future. Thus, priorities will be significantly improve that linkage will will present funding recommendations on: evaluation/planning for areas with a be a priority. based on full proposal reviews to the large number of projects; large affected Contributions to the effectiveness of Council. acreages and/or significant investment future partnerships: The success of 4.1 How To Submit a Proposal of Act funds; and/or projects or methods future NAWCA implementation is related to critical wetland conservation Preprosals and full proposals should dependent on strong partnerships approaches for that region. be submitted by the required deadlines backed by sound biological planning. Contribution to integration of The evolution and composition of (section 6) to: Evaluation Grants migratory bird conservation: Delivering Coordinator, North American Waterfowl partnerships dictates their success in NAWCA implementation funds to delivering migratory bird conservation and Wetlands Office, 4401 N. Fairfax projects best fulfilling the purposes of Drive, Suite 110, Arlington, VA 22203. under NAWCA. Projects that evaluate the Act requires integration of NAWMP the dynamics of past NAWCA 4.2 Review Team goals with those of other major bird partnerships with the goal of increasing The review team will consist of the initiatives. The extent to which the the effectiveness of future partnerships Evaluation Grants Coordinator, 2 North proposals advance integrated will be seriously considered. conservation of waterfowl, neotropical American Wetlands Conservation Commitment to long-term regional migratory birds, shorebirds, and other Council Staff, and 1 USGS-Biological planning and evaluation: The extent to wetland-associated migratory birds will Resources Division scientist with which applicants demonstrate the be a principal criterion in proposal expertise in wetlands and landscape likelihood of ‘‘institutionalizing’’ the evaluation. ecology. Other individuals will be planning and evaluation efforts for enlisted to review preproposal and full Contribution to a landscape-level context for wetland conservation: which Act funding is sought is a proposal methods related to their areas significant consideration. The Council of expertise when necessary. Evaluation units should be ecologically based and appropriate in scale to seeks to insure that Act funds are used 4.3 Review Criteria address regional wetlands conservation to catalyze these efforts, and will deprioritize proposals in which the At a minimum, preproposals and full goals and objectives and facilitate a partners in the planning and evaluation proposals should address the following meaningful linkage to continental effort are clearly dependent upon the issues, which will constitute the general migratory bird population objectives, Act for continued future progress. This review criteria. A rigid ‘‘scoring’’ system and those of other wetlands-dependent criterion can be viewed as analogous to will not be used to determine which wildlife as available. Therefore, the ‘‘long-term’’ criterion used to preproposals and full proposals are proposals should address the evaluation evaluate implementation projects. most meritorious. The review team will needs for wetland habitats in the use sound professional judgment to context of ecologically-based landscapes 5. Grants Administration and evaluate proposals, in the context of as opposed to an individual wetland. Performance Reporting communication among qualified Status of biological planning and professionals. evaluation: Biological planning, Evaluation Grants will be Partnerships: The Act is predicated evaluation and monitoring is relatively administered by NAWWO staff, and on the power of partnerships to deliver advanced in some regions of the U.S., evaluation grant recipients will be wetlands conservation. Proposals for and almost non-existent in others. required to provide detailed annual and evaluation and planning should Proposals addressing the full range of project completion reports (see likewise include strong partnerships. planning and evaluation consistent with Appendix D for reporting formats) by Prospective grantees are expected to Council goals are encouraged. These October 1 each year through project build upon existing wetlands may range from initiation of the termination. Annual and final reports conservation partnerships to maximize adaptive management process in areas will be presented to the Council and the use of and coordination with currently using little or no proactive, Council Staff by the Council existing planning, implementation and integrated, biological planning, to Coordinator or Evaluation Grants evaluation infrastructures rather than evaluation of progress toward fulfilling Coordinator at their November/ seek to develop new or competing objectives derived from ongoing December meetings. organizations. biological planning efforts. 6. Schedule Contribution to increasing the Contribution to the biological effectiveness of the Act: Act funds have foundation for wetland and associated The following schedule will be been used to varying degrees to fund migratory bird conservation: Projects adhered to in soliciting, reviewing, and wetlands conservation projects across should facilitate the linkage of regional funding Evaluation Grants proposals:

Request for Proposals ...... 1 June 1999. Due Date for Proposals ...... 15 July 1999. Preproposal Reviews Completed and Proposers Notified ...... 15 August 1999. Full Proposals Due ...... 1 November 1999. Funding Recommendations Presented to Council ...... December 1999. Evaluation Grant Awards Announced and Funds Disbursed ...... January/February 2000.

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Appendix A—Matching Contributions within previous 2 years (consult Federal Aid in Wildlife/Sport Fish Evaluation Grants Coordinator) Restoration grants to States Acceptable Matching Contributions— Other (consult Evaluation Grants Funds that have a Federal origin Direct project-related expenditures for: Coordinator) Evaluation/implementation costs incurred> 2 Equipment/Supplies Waiver-of-Overhead (within non-Federal years before project performance period Any contribution used to match a previous Labor (non-Federal employees) agency/organization established policy Federal or non-Federal grant guidelines) Travel Other contributions determined to be not Cash (non-Federal sources) Unacceptable Contributions— acceptable (consult with Evaluation Grants Related evaluation/implementation Coordinator) expenditures (non-Federal funds) incurred Contributions of Federal employee staff time Appendix B—Budgets

PREPROPOSAL BUDGET FORMAT

FY00 FY01 FY02

NAWCA Funds Requested ...... Matching Contributions ......

Total ......

FULL PROPOSAL BUDGET FORMAT

FY00 FY01 FY02 NAWCA Match NAWCA Match NAWCA Match

Personnel ...... Jane Doe @ × FTE ...... Equipment ...... Supplies * ...... Travel ...... Other ...... Indirect Costs ......

Total ...... * Criteria for supplies.

Appendix C—Sample Letter for Commitment proposed project>. This is the fair market Project Title of Matching Contributions value of these services. Reporting Period April 19, 1999. is pleased to be a partner in II. Executive Summary Mr. David A. Smith, and this match is put III. Project Justification Coordinator, North American Wetlands forward with full knowledge and support to IV. Objectives Conservation Council, North American leverage other non-Federal and Federal grant V. Methods Waterfowl and Wetlands Office, 4401 N. funds. VI. Results and Discussion/Productsa Fairfax Drive, Rm 110, Arlington, VA Sincerely, VII. Management Outreach and Impacts to 22203 VIII. Future Management Outreach and contributing agency or organization> is Outcomes committed to providing funds to match the IX. Continuing Evaluation Needs— Appendix D—Reporting Formats grant request entitled Institutionalizing the Evaluation Project submitted by . Contributions meet Coordinator, North American Waterfowl and X. Literature Cited the eligibility requirements explained in the Wetlands Office, 4401 N. Fairfax Drive, Rm Request for Proposals for the North American 110, Arlington, VA 22203. The detailed description of the Wetlands Conservation Act Evaluation A. Annual Performance Reporting— submission and review schedule, format Grants. The contribution does not include I. Cover Page: for pre-proposals and full proposals, funds from the Federal Aid in Wildlife/Sport Project Title and proposal review criteria, contained Fish Restoration grants to State programs or Reporting Period herein, may also be viewed and other Federal monies. Following is an PO and PI names and addresses downloaded from the North American explanation of contributions: II. Executive Summary Waterfowl and Wetlands Office We intend to provide <$$> in FY00 and III. Project Justification (NAWWO) internet web site at: http:// <$$> in FY01. Of these funds, <$$> will be IV. Objectives www.fws.gov/r9nawwo/nawcahp.html used for . This is VI. Accomplishments/Summary of Findings after June 1, 1999, or by calling the the fair market value of these services. to date NAWWO secretary at 703/358–1784. <$$> will be used for . This is the fair market value IX. Projected Activities/Time Table postmarked date. Pre-proposals and full of these expenditures. X. Literature Cited <$$> are in-kind contributions that will be B. Project Completion Report— a Include≥ 3 hard copies of cartographic products used for

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28508 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices proposals lacking required components Sec. 21: Lots 5 (S2), 11–14; State Office, Minerals and Lands are subject to being declared ineligible Sec. 28: Lots 1–15, NESW; Authorization Group, Attn: Mavis Love, and not further considered for funding. Sec. 29: Lots 1–16; P.O. Box 1828, Cheyenne, WY 82003. We have submitted information Sec. 30: Lots 5–12; The foregoing is published in the T. 42 N., R. 70 W., 6th P.M., Wyoming Federal Register pursuant to 43 CFR collection requirements for the NAWCA Sec. 26: Lots 3–6, 11–14; Evaluation Grants Program to the Office Sec. 27: Lots 1–16; 3410.2–1(c)(1). of Management and Budget (OMB) for Sec. 28: Lots 1–16; Dated: May 14, 1999. review and approval under the Sec. 29: Lots 1–16; Pamela J. Lewis, Sec. 30: Lots 5–20; Paperwork Reduction Act of 1995, Chief, Leasable Minerals Section. Public Law 104–13. The OMB control Sec. 30: Lots 5–20; [FR Doc. 99–12697 Filed 5–25–99; 8:45 am] number is 1018–0100. An agency may T. 41 N., R. 71 W., 6th P.M., Wyoming not conduct or sponsor, and a person is Sec. 2: Lots 5, 6, 11–14, 19, 20; BILLING CODE 4310±22±M not required to respond to, a collection Sec. 3: Lots 5, 6, 11–14, 19, 20; Sec. 10: Lots 1, 2, 7, 8; of information request unless it displays Sec. 11: Lots 1–16; DEPARTMENT OF THE INTERIOR a currently valid OMB control number. Sec. 12: Lots 11–14; The information solicited: is necessary Sec. 13: Lots 1–8, 11–14; Bureau of Land Management to gain a benefit in the form of a grant, Sec. 14: Lots 1, 2, 7, 8; as determined by the North American Sec. 24: Lots 1–3, 6–11, 14–16; [WY±920±09±1320±01, WYW148388] Sec. 25: Lots 1–4, 9, 12; Wetlands Conservation Council and Coal Exploration License, WY Migratory Bird Conservation T. 42 N., R. 71 W., 6th P.M., Wyoming Commission; is necessary to determine Sec. 25: Lots 1–15; AGENCY: Bureau of Land Management, the eligibility and relative value of Sec. 26: Lots 1–14; Interior. Sec. 27: Lots 1, 2, 7–10, 15, 16; evaluation projects; and results in an Sec. 34: Lots 1, 2, 7–10, 15, 16; ACTION: Notice of invitation for coal approximate paperwork burden of 8 Sec. 35: Lots 1–8, 11–14. exploration license. hours for each pre-proposal and 40 Containing 11,046.245 acres, more or less. hours for each proposal; and does not SUMMARY: Pursuant to section 2(b) of the carry a premise of confidentiality. The All of the coal in the above-described Mineral Leasing Act of 1920, as information collected in this program land consists of unleased Federal coal amended by section 4 of the Federal will not be part of a system of records within the Powder River Basin Known Coal Leasing Amendments Act of 1976, covered by the Privacy Act (5 U.S.C. Recoverable Coal Resource Area. The 90 Stat. 1083, 30 U.S.A. 201 (b), and to 552(a)). purpose of the exploration program is to the regulations adopted as 43 CFR 3410, obtain overburden geochemistry, all interested parties are hereby invited Dated: May 21, 1999. structural information, and coal quality to participate with Cordero Mining Jamie Rappaport Clark, data on the Wyodak-Anderson coal Company on a pro rata cost sharing Director, Fish and Wildlife Service. seam. basis in its program for the exploration [FR Doc. 99–13424 Filed 5–25–99; 8:45 am] ADDRESSES: The proposed exploration of coal deposits owned by the United BILLING CODE 4310±55±P program is fully described and will be States of America in the following- conducted pursuant to an exploration described lands in Campbell County, plan to be approved by the Bureau of WY: DEPARTMENT OF THE INTERIOR Land Management. Copies of the T. 46 N., R. 70 W., 6th P.M., Wyoming Bureau of Land Management exploration plan are available for review Sec. 6: Lots 8–23; during normal business hours in the Sec. 7: Lots 5–20; [WY±920±09±1320±01, WYW148372] following offices (serialized under Sec. 8: Lots 3–6, 9–12; number WYW148372): Bureau of Land T. 46 N., R. 71 W., 6th P.M., Wyoming Coal Exploration License, WY Management, Wyoming State Office, Sec. 1: Lots 5–20; Sec. 4: Lots 5–20; AGENCY: Bureau of Land management, 5353 Yellowstone Road, P.O. Box 1828, Sec. 9: Lots 1–8; Interior. Cheyenne, WY 82003; and, Bureau of Sec. 10: Lots 1–10; Land Management, Casper Field Office, ACTION: Notice of invitation for coal Sec. 11: Lots 1–16; 1701 East ‘‘E’’ Street, Casper, WY 82601. exploration license. Sec. 12: Lots 1–16; SUPPLEMENTARY INFORMATION: This T. 47 N., R. 71 W., 6th P.M., Wyoming SUMMARY: Pursuant to section 2(b) of the notice of invitation will be published in Sec. 21: Lots 1–16; Mineral Leasing Act of 1920, as The News-Record of Gillette, WY, and Sec. 28: Lots 1–16; Sec. 33: Lots 1–16; amended by section 4 of the Federal the Douglas Budget of Douglas, WY, Coal Leasing Amendments Act of 1976, once each week for two consecutive Containing 6,908.41 acres, more or less. 90 Stat. 1083, 30 U.S.A. 201 (b), and to weeks beginning the week of May 24, All of the coal in the above-described the regulations adopted as 43 CFR 3410, 1999, and in the Federal Register. Any land consists of unleased Federal coal all interested parties are hereby invited party electing to participate in this within the Powder River Basin Known to participate with Powder River Coal exploration program must send written Recoverable Coal Resource Area. The Company on a pro rata cost sharing notice to both the Bureau of Land purpose of the exploration program is to basis in its program for the exploration Management and Powder River Coal obtain coal quality data. of coal deposits owned by the United Company no later than thirty days after ADDRESSES: The proposed exploration States of America in the following- publication of this invitation in the program is fully described and will be described lands in Campbell and Federal Register. The written notice conducted pursuant to an exploration Converse Counties, WY: should be sent to the following plan to be approved by the Bureau of T. 41 N., R. 70 W., 6th P.M., Wyoming addresses: Powder River Coal Company, Land Management. Copies of the Sec. 19: Lots 6–11, 12 (S2), 13–20; Attn: Mark A. Petry, Caller Box 3034, exploration plan are available for review Sec. 20: Lots 5 (S2), 6 (S2), 7 (S2), 8 (S2), Gillette, WY 82717–3034, and the during normal business hours in the 9–16; Bureau of Land Management, Wyoming following offices (serialized under

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28509 number WYW148388): Bureau of Land national conservation area topic; a time p.m. at the Homestead National Management, Wyoming State Office, for discussions of team issues; and, an Monument Visitor Center, located on 5353 Yellowstone Road, P.O. Box 1828, open discussion about issues important Highway 4 west of Beatrice, Nebraska. Cheyenne, WY 82003; and, Bureau of to the council. There will be a public ADDRESSES: Comments on the DGMP/ Land Management, Casper Field Office, comment period at 11:30 am. The DEIS should be submitted to the 1701 East ‘‘E’’ Street, Casper, WY 82601. meeting will adjourn at 2:00 pm. Superintendent, Homestead National SUPPLEMENTARY INFORMATION: This DATES: June 8 and 9, 1999. Monument of America, route 3, Box 47, notice of invitation will be published in LOCATION: Yogo Inn, Lewistown, Beatrice, Nebraska 68310. Copies of the The News-Record of Gillette, WY, once Montana. DGMP/DEIS are available upon request each week for two consecutive weeks FOR FURTHER INFORMATION CONTACT: by writing the Superintendent at the beginning the week of May 24, 1999, Malta Field Manager, 501 South 2nd same address, by phoning 402–223– and in the Federal Register. Any party Street East, Malta, Montana 59538. 3514, or by e-mail at HOME— [email protected] electing to participate in this SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: exploration program must send written meeting is open to the public and there notice to both the Bureau of Land will be a public comment period on Superintendent, Homestead National Management and Cordero Mining June 9, as outlined above. Monument, at the aforementioned Company no later than thirty days after address and telephone number. publication of this invitation in the Dated: May 11, 1999. SUPPLEMENTARY INFORMATION: Pursuant Federal Register. The written notice David L. Mari, to section 102(2)(c) of the National should be sent to the following Field Manager. Environmental Policy Act of 1969 (Pub. addresses: Cordero Mining Company, [FR Doc. 99–13266 Filed 5–25–99; 8:45 am] L. 91–190, as amended), the NPS has Attn: Tom Stedtnitz, P.O. Box 1449, BILLING CODE 4310±DN±P prepared a DMGP/DEIS with proposed Gillette, WY 82717–1449, and the guidance for management of Homestead Bureau of Land Management, Wyoming National Monument of America for the State Office, Minerals and Lands DEPARTMENT OF THE INTERIOR next 10–15 years. In accordance with Authorization Group, Attn: Mavis Love, NPS Management Policies, the DGMP P.O. Box 1828, Cheyenne, WY 82003. National Park Service sets forth alternative management The foregoing is published in the concepts for the monument. The Homestead National Monument of Federal Register pursuant to 43 CFR alternatives seek to establish a role for America 3410.2–1(c)(1). the monument within the context of Dated: May 14, 1999. AGENCY: National Park Service, Interior. regional trends and plans for conservation, recreation, transportation, Pamela J. Lewis, ACTION: Notice of availability of the Draft General Management Plan/Draft economic development, and other Chief, Leasable Minerals Section. regional issues; and identify strategies [FR Doc. 99–12698 Filed 5–25–99; 8:45 am] Environmental Impact Statement for Homestead National Monument of for resolving issues and achieving BILLING CODE 4310±22±M America, Nebraska management objectives. Dated: May 18, 1999. SUMMARY: The National Park Service David N. Given, DEPARTMENT OF THE INTERIOR (NPS) announces the availability of a Deputy Regional Director, Midwest Region. Bureau of Land Management Draft General Management Plan/Draft Environmental Impact Statement [FR Doc. 99–13317 Filed 5–25–99; 8:45 am] [MT±060±99±1020±00] (DGMP/DEIS) for Homestead National BILLING CODE 4310±70±P Monument of America (monument), Lewistown Resource Advisory near Beatrice, Nebraska. The document Councils, Notice of Meeting describes and analyzes the INTERNATIONAL TRADE COMMISSION AGENCY: Bureau of Land Management, environmental impacts of a proposed Lewistown Field Office. action and two action alternatives for [Investigation No. 337±TA±409] the future management of the park. A no ACTION: Notice of meeting. action alternative also is evaluated. This In the Matter of Certain CD±ROM SUMMARY: The Lewistown Resource notice announces that public meetings Controllers and Products Containing Advisory Council will meet June 8 and and an open house will be held to SameÐII; Notice of Decision to Extend 9, 1999, at the Yogo Inn in Lewistown, solicit comments on the DGMP/DEIS. the Deadline for Determining Whether Montana. DATES: There will be a 60-day public to Review an Initial Determination The June 8 portion of the meeting will review period for comments on this Terminating a Respondent From the begin at 1:00 pm. The topics of the day document. Comments on the DGMP/ Investigation will include: a briefing by field DEIS must be received no later than July AGENCY: U.S. International Trade managers; an update on the off-highway 30, 1999. Public meetings will be held Commission. vehicle project; a discussion of the Neal on Tuesday, May 25, 7:30 to 9:00 p.m. ACTION: Notice. property exchange; a discussion of the at the Beatrice Public Library, 100 N. escrow account method of land 16th St., Beatrice, Nebraska and on SUMMARY: Notice is hereby given that exchanges; and, the potential listing of Wednesday, May 26, 1999 from 2:00 the U.S. International Trade the prairie dog and mountain plover. p.m. to 4:00 p.m., and at the Charles H. Commission has determined to extend The meeting will adjourn at 5:00 pm. Gere Library, 2400 S. 56th St., Lincoln, by 18 days, or until June 28, 1999, the The June 9 portion of the meeting will Nebraska. A public open house, which deadline for determining whether to begin at 7:45 am. The business of the will provide a more informal review an initial determination (ID) day will include: a discussion of issues opportunity to learn about the plan and (Order No. 15) issued by the presiding on the Upper Missouri National Wild to provide comments, will be held on administrative law judge (ALJ) in the and Scenic River; a review of the Tuesday, June 29, from 4:00 p.m. to 6:00 above-captioned investigation.

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FOR FURTHER INFORMATION CONTACT: Tim INTERNATIONAL TRADE Spartanburg, SC; NanYa Plastics Corp., Yaworski, Esq., Office of the General COMMISSION America, Lake City, SC; Wellman, Inc., Shrewsbury, NJ; and Intercontinental Counsel, U.S. International Trade [Investigations Nos. 731±TA±825±826 Commission, 500 E Street, S.W., (Preliminary)] Polymers, Inc., Charlotte, NC alleging Washington, D.C. 20436, telephone that an industry in the United States is (202) 205–3096. Hearing-impaired Certain Polyester Staple Fiber From materially injured by reason of LTFV persons are advised that information on Korea and Taiwan imports of polyester staple fiber from 2 this matter can be obtained by Korea and Taiwan. Accordingly, Determinations contacting the Commission’s TDD effective April 2, 1999, the Commission terminal on 202–205–1810. General On the basis of the record 1 developed instituted antidumping investigations Nos. 731–TA–825–826 (Preliminary). information concerning the Commission in the subject investigations, the United States International Trade Commission Notice of the institution of the may also be obtained by accessing its Commission’s investigations and of a Internet server (http://www.usitc.gov). determines, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. public conference to be held in SUPPLEMENTARY INFORMATION: The § 1673b(a)), that there is a reasonable connection therewith was given by Commission instituted this investigation indication that an industry in the posting copies of the notice in the Office on May 13, 1998, based on a complaint United States is materially injured by of the Secretary, U.S. International filed by Oak Technology, Inc. (‘‘Oak’’) of reason of imports from Korea and Trade Commission, Washington, DC, Sunnyvale, California. 63 Fed. Reg. Taiwan of certain polyester staple fiber, and by publishing the notice in the 26625. Four firms were named as provided for in subheading 5503.20.00 Federal Register of April 9, 1999 (64 respondents, including United of the Harmonized Tariff Schedule of F.R. 17414). The conference was held in Microelectronics Corporation (‘‘UMC’’) the United States, that are alleged to be Washington, DC, on April 22, 1999, and all persons who requested the of Hsinchu, Taiwan. On May 10, 1999, sold in the United States at less than fair opportunity were permitted to appear in the presiding ALJ issued an ID (Order value (LTFV). person or by counsel. No. 15) terminating UMC from the Commencement of Final Phase The Commission transmitted its investigation on the grounds that its Investigations determination in this investigation to importation and sale of accused CD- Pursuant to section 207.18 of the the Secretary of Commerce on May 14, ROM controllers are licensed by Commission’s rules, the Commission 1999. The views of the Commission are complainant Oak. On May 12, 1999, the also gives notice of the commencement contained in USITC Publication 3197 ALJ issued his final ID in which he of the final phase of its investigations. (May, 1999), entitled Certain Polyester found that there is no violation of The Commission will issue a final phase Staple Fiber from Korea and Taiwan: section 337 of the Tariff Act of 1930 in notice of scheduling that will be Investigations Nos. 731–TA–825–826 the instant investigation. The published in the Federal Register as (Preliminary). Commission has extended the deadline provided in section 207.21 of the By order of the Commission. for determining whether to review Commission’s rules upon notice from Issued: May 18, 1999. Order No. 15 to coincide with the the Department of Commerce of Donna R. Koehnke, affirmative preliminary determinations deadline (June 28, 1999) for determining Secretary. whether to review the ALJ’s final ID. in the investigations under section 733(b) of the Act, or, if the preliminary [FR Doc. 99–13375 Filed 5–25–99; 8:45 am] This action is taken under the BILLING CODE 7020±02±P authority of section 337 of the Tariff Act determinations are negative, upon notice of affirmative final of 1930, 19 U.S.C. § 1337, and section determinations in those investigations 210.42(h)(3) of the Commission Rules of INTERNATIONAL TRADE under section 735(a) of the Act. Parties COMMISSION Practice and Procedure, 19 C.F.R. that filed entries of appearance in the § 210.42(h)(3). preliminary phase of the investigations [Investigations Nos. 731±TA±781±786 Copies of the nonconfidential need not enter a separate appearance for (Final)] versions of Order No. 15, the final ID, the final phase of the investigations. and all other documents filed in Industrial users, and, if the merchandise Stainless Steel Round Wire From connection with this investigation are or under investigation is sold at the retail Canada, India, Japan, The Republic of will be available for inspection during level, representative consumer Korea, Spain, and Taiwan official business hours (8:45 a.m. to 5:15 organizations have the right to appear as Determinations p.m.) in the Office of the Secretary, U.S. parties in Commission antidumping and International Trade Commission, 500 E countervailing duty investigations. The On the basis of the record 1 developed Street, S.W., Washington, D.C. 20436, Secretary will prepare a public service in the subject investigations, the United telephone (202) 205–2000. list containing the names and addresses States International Trade Commission of all persons, or their representatives, unanimously determines, pursuant to By order of the Commission. who are parties to the investigations. section 735(b) of the Tariff Act of 1930 Issued: May 21, 1999. (19 U.S.C. § 1673d(b)) (the Act), that an Background Donna R. Koehnke, industry in the United States is not Secretary. On April 2, 1999, a petition was filed with the Commission and the 2 NanYa Plastics was not a petitioner in the [FR Doc. 99–13374 Filed 5–25–99; 8:45 am] Department of Commerce by E.I. DuPont investigation involving Taiwan. In a letter dated BILLING CODE 7020±02±P de Nemours, Wilmington, DE; Arteva May 4, 1999, NanYa Plastics also withdrew as a petitioner in the investigation involving Korea. In Specialities, S.a.r.l. d/b/a KoSa, the same letter, DuPont withdrew as a petitioner in the investigation involving Taiwan. 1 The record is defined in sec. 207.2(f) of the 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). CFR § 207.2(f)).

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28511 materially injured or threatened with The Commission transmitted its Corporation; and Viacom International material injury, and the establishment of determinations in these investigations to (f/k/a Paramount Communications Inc.). an industry in the United States is not the Secretary of Commerce on May 18, The proposed Consent Decrees would materially retarded, by reason of 1999. The views of the Commission are resolve claims asserted by the United imports from Canada, India, Japan, contained in USITC Publication 3194 States under Sections 106 and 107 of Korea, Spain, and Taiwan of stainless (May 1999), entitled Stainless Steel CERCLA, 42 U.S.C. 9606 and 9607, steel round wire 2 that have been found Round Wire from Canada, India, Japan, against 26 current or former owners or by the Department of Commerce to be Korea, Spain, and Taiwan: operators of industrial facilities from sold in the United States at less than fair Investigations Nos. 731–TA–781–786 which there have been releases or value (LTFV). (Final). threatened releases of hazardous substances at the Fields Brook site (the Issued: May 19, 1999. Background ‘‘Site’’) in Ashtabula, Ohio. The Decrees The Commission instituted these By order of the Commission. also resolve claims asserted and that investigations effective November 16, Donna R. Koehnke, could have been asserted against certain 1998, following receipt of a petition Secretary. Federal Agencies that owned or filed with the Commission and the [FR Doc. 99–13373 Filed 5–25–99; 8:45 am] operated facilities at the Site. Department of Commerce by ACS BILLING CODE 7020±02±P Pursuant to the first proposed consent Industries, Inc., Woonsocket, RI; Al decrees (the ‘‘RD/RA Decree’’), a group Tech Specialty Steel Corp., Dunkirk, of Settling Defendants will implement NY; Branford Wire & Manufacturing Co., DEPARTMENT OF JUSTICE EPA’s selected remedies for two Mountain Home, NC; Carpenter operable units, known as the Sediment Technology Corp., Reading, PA; Handy Lodging of Consent Decrees Under the Operable Unit (SOU) and the & Harman Specialty Wire Group, Comprehensive Environmental Floodplains/Wetlands Area Operable Cockeysville, MD; Industrial Alloys, Response, Compensation and Liability Unit (FWA). The estimated cost of this Inc., Pomona, CA; Loos & Co., Inc., Act 42 U.S.C. 9601, et seq. remaining Site work is approximately Pomfret, CT; Sandvik Steel Co., Clarks $30 million. In addition, this consent Notice is hereby given that on May 14, Summit, PA; Sumiden Wire Products decrees provide for various Settling 1999 two proposed Consent Decrees Corp., Dickson, TN; and Techalloy Co., Defendants and Settling Federal (‘‘Decrees’’) in United States v. Gencorp, Inc., Mahwah, NJ. The final phase of Agencies to pay all costs to be incurred Inc., et al Civil Action No. 5:89–CV– these investigations was scheduled by by EPA in overseeing implementation of 1866, were lodged with the United the Commission following notification the SOU and FWA work (estimated at States District Court for the Northern of preliminary determinations by the $1 million), and to pay approximately District of Ohio. The United States filed Department of Commerce that imports $2.4 million in unreimbursed response this action pursuant to the of stainless steel round wire from costs of the United States at this Site. Comprehensive Environmental Canada, India, Japan, Korea, Spain, and This proposed decree also provides for Response, Compensation and Liability Taiwan were being sold at LTFV within recovery of $840,000 in damages for Act, as amended (‘‘CERCLA’’), 42 U.S.C. the meaning of section 733(b) of the Act injuries to natural resources at the Site. 9601, et seq., seeking (i) reimbursement (19 U.S.C. § 1673b(b)). Notice of the The second proposed consent decree of costs incurred in response to the scheduling of the Commission’s will settle the claims asserted against release or threat of release of hazardous investigations and of a public hearing to ADM at the Site. Pursuant to this decree substances from the Fields Brook be held in connection therewith was (the ‘‘ADM Decree’’), ADM will pay Superfund Site in Ashtabula, Ohio; and given by posting copies of the notice in $700,000 in unreimbursed response (ii) recovery of damages for injury to, the Office of the Secretary, U.S. costs of the United States at the Site and destruction of, or loss of natural International Trade Commission, the recovery of $10,000 in damages for resources at the Site. Washington, DC, and by publishing the injury to natural resources at the Site. The proposed Consent Decrees The Department of Justice will receive notice in the Federal Register of resolve certain claims against: Ashta for a period of thirty (30) days from the December 2, 1998 (63 FR 66577). The Chemicals, Inc.; Archer Daniels date of this publication comments hearing was held in Washington, DC, on Midland Company (ADM); Bee Jay relating to the Decrees. Comments April 6, 1999, and all persons who Excavating, Inc. (f/k/a/ Brenkus should be addressed to the Assistant requested the opportunity were Excavating, Inc.); C.H. Heist Corp.; Attorney General of the Environment permitted to appear in person or by Cabot Corporation; Consolidated Rail and Natural Resources Division, counsel. Corporation; Detrex Corporation; Elkem Department of Justice, Washington, D.C. Metals Company L.P.; First Energy 20530, and should refer to, United 2 For purposes of these investigations, Commerce has defined the subject stainless steel round wire Corp.; GenCorp Inc.; Greenleaf Motor States v. GenCorp Inc. et al, Civil Action (SSRW) as ‘‘any cold-formed (i.e., cold-drawn, cold- Express, Inc.; Koski Construction Co.; No. 5:89–CV–1866 and D.J. Ref. #90–11– rolled) stainless steel product of a cylindrical Luntz Services Corporation (f/k/a Luntz 2–210A and 90–11–2–210C. contour, sold in coils or spools, and not over 0.703 Corporation); Mallinckrodt, Inc. (f/k/a The Decrees may be examined at the inch (18 mm) in maximum solid cross-sectional dimension. SSRW is made of iron-based alloys International Minerals and Chemicals United States Department of Justice, containing, by weight, 1.2 percent or less of carbon Corporation); Millennium Inorganic Environment and Natural Resources and 10.5 percent or more of chromium, with or Chemicals, Inc. (f/k/a SCM Corporation Division, Denver Field Office, 999 18th without other elements. Metallic coatings, such as and SCM Chemicals Inc.); Millennium Street, North Tower Suite 945, Denver, nickel and copper coatings, may be applied.’’ (See e.g., Final Determination of Sales at Less Than Fair Petrochemicals, Inc.; Motta’s Body & Colorado, 80202 and U.S. EPA Region Value—Stainless Steel Round Wire from Japan (64 Frame Shop, Inc.; Occidental Chemical V, 77 West Jackson Boulevard, Chicago, FR 17318, Apr. 9, 1999.) Corporation; Ohio Power Company; IL 60604 and at the Consent Decree These products, if imported are currently covered Olin Corporation; Plasticolors, Inc.; Library, 1120 G Street, N.W., 3rd Floor, by statistical reporting numbers 7223.00.1015, 7223.00.1030, 7223.00.1045, 7223.00.1060, and Reserve Environmental Services Inc.; Washington, D.C. 20005, (202) 624– 7223.00.1075 of the Harmonized Tariff Schedule of RMI Titanium Company; The Sherwin- 0892. A copy of the Decrees may be the United States (HTS). Williams Company; Union Carbide obtained in person or by mail from the

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Consent Decree Library, 1120 G Street, Division, Department of Justice, 1401 H Complaint would violate Section 7 of N.W., 3rd Floor, Washington, D.C. St. N.W., Suite 4000, Washington, D.C. the Clayton Act, as amended, 15 U.S.C. 20005. In requesting a copy, please 20530 (telephone: (202) 307–0001). § 18; (b) preliminary and permanent enclose a check in the amount of $30.75 Constance K. Robinson, injunctive relief preventing the for the RD/RA Decree without Director of Operations & Merger Enforcement. consummation of the proposed appendices; $119.75 for the RD/RA acquisition; (c) an award to the United Decree with appendices; $7 for the ADM United States District Court for the States of the costs of this action; and (d) Decree without appendices; and $12.00 District of Columbia such other relief as is proper. for the ADM Decree with appendices United States of America, Plaintiff, v. Before this suit was filed, the United (25 cents per page reproduction cost) Capstar Broadcasting Corporation, and States reached a proposed settlement payable to the Consent Decree Library. Triathlon Broadcasting Company, with Capstar and Triathlon which is please specify which Decree, with or Defendants. memorialized in the Stipulation and without appendices, you would like. Civil Action No. 99–CV–00993 (Judge proposed Final Judgment which have Oberdorfer). Joel M. Gross, been filed with the Court. Under the Chief, Environmental Enforcement Section, Competitive Impact Statement terms of the proposed Final Judgment, Capstar must divest five stations— Environment and Natural Resources Division. The United States, pursuant to KEYN–FM, KWSJ–FM, KFH–AM, [FR Doc. 99–13402 Filed 5–25–99; 8:45 am] Section 2(b) of the Antitrust Procedures KNSS–AM and KQAM–AM—to another BILLING CODE 4410±15±M and Penalties Act (‘‘APPA’’), 15 U.S.C. radio operator approved by plaintiff at § 16(b)–(h), files this Competitive the time it acquires Triathlon. If Capstar Impact Statement relating to the does not divest these stations to an DEPARTMENT OF JUSTICE proposed Final Judgment submitted for approved buyer at the time it acquires entry in this civil antitrust proceeding. Antitrust Division Triathlon, Capstar must place the I. Nature and Purpose of the Proceeding stations in an FCC Trust. The FCC Trust United States v. Capstar Broadcasting The plaintiff filed a civil antitrust Agreement was filed with the Court as Corporation and Triathlon an attachment to the proposed Final Broadcasting Company; Proposed Complaint on April 21, 1999, alleging that Capstar Broadcasting Corporation’s Judgment. Unless the Antitrust Division Final Judgment and Competitive of the United States Department of Impact Statement (‘‘Capstar’’) proposed acquisition of Triathlon Broadcasting Company Justice (the ‘‘Antitrust Division’’) grants Notice is hereby given pursuant to the (‘‘Triathlon’’) would violate Section 7 of an extension, the Trustee must divest Antitrust Procedures and Penalties Act, the Clayton Act, as amended, 15 U.S.C. the stations to a buyer approved by the 15 U.S.C. Section 16(b) through (h), that § 18. The Compliant alleges that Capstar Antitrust Division at its sole discretion a proposed Final Judgment, Stipulation and Triathlon both own and operate within four (4) months of the date of and Competitive Impact Statement have radio stations throughout the United entry of the Final Judgment. been filed with the United States States, and that they each own and The proposed Final Judgment also District Court for the District of operate radio stations in the Wichita, requires both Capstar and Triathlon to Columbia in United States of America v. Kansas, metropolitan area. Specifically, ensure, to the extent they are able under Capstar Broadcasting Corporation and the complaint alleges that Capstar owns the proposed Final Judgment, that these Triathlon Broadcasting Company, Civil KKRD–FM, KRZZ–FM, and KNSS–AM stations will be operated independently Action No. 99–CV00993. On April 21, in Wichita and that Capstar controls as viable ongoing businesses while 1999, the United States filed a approximately 20 percent of the Wichita Capstar and Triathlon continue to Complaint alleging that the proposed radio advertising market. The complaint operate them. If the stations are acquisition by Capstar Broadcasting also alleges that Triathlon owns KZSN– transferred to the Trustee, the Trustee Corporation (‘‘Capstar’’) of the radio FM, KRBB–FM, KEYN–FM, KWSY–FM, has agreed that he will operate the assets of Triathlon Broadcasting KFH–AM, and KQAM–FM in Wichita stations independently as viable Company (‘‘Triathlon’’) in Wichita, and controls approximately 33 percent ongoing businesses. Further, the Kansas, would violate Section 7 of the of the radio advertising revenues in the proposed Final Judgment requires Clayton Act, 15 U.S.C. § 18. The Wichita radio advertising market. The Capstar to give plaintiff prior notice proposed Final Judgment, filed the same proposed acquisition would give regarding future radio station time as the Complaint, requires Capstar Capstar a significant share of the radio acquisitions or certain agreements to divest five radio stations in Wichita advertising market in Wichita and pertaining to the sale of broadcast radio pursuant to the Final Judgment. Copies control over stations that are close advertising time in Wichita. of the Complaint, proposed Final substitutes for each other based upon The plaintiff and defendants have Judgment and Competitive Impact their specific audience characteristics. stipulated that the proposed Final Statement are available for inspection at According to industry estimates, the Judgment may be entered after the Department of Justice in proposed acquisition would give compliance with APPA. Entry of the Washington, D.C. in Room 215, 325 Capstar control of over 45 percent of the proposed Final Judgment would Seventh Street, N.W., and at the Office radio advertising revenue—even after terminate this action, except that the of the Clerk of the United States District Capstar divests the two lowest ranked Court would retain jurisdiction to Court for the District of the District of FM radio stations pursuant to Federal construe, modify, or enforce the Columbia. Communications Commission (‘‘FCC’’) provisions of the proposed Final Public comment is invited within 60 regulations. As a result, the combination Judgment, and to punish violations days of the date of this notice. Such would substantially lessen competition thereof. comments, and responses thereto, will in the sale of radio advertising time in II. The Alleged Violation be published in the Federal Register the Wichita metropolitan area. and filed with the Court. Comments The prayer for relief seeks: (a) A. The Defendants should be directed to Craig W. Conrath, adjudication that Capstar’s proposed Capstar is a Delaware corporation Chief, Merger Task Force, Antitrust acquisition of Triathlon described in the with its headquarters in Austin, Texas.

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Capstar owns approximately 309 radio radio time (a) may be less expensive and 640 points. This substantial increase in stations in 76 U.S. markets. In 1997, more cost-efficient than other media at concentration is likely to give Capstar Capstar had total revenue of reaching the advertiser’s target audience unilateral power to raise advertising approximately $350 million, (individuals most likely to purchase the rates and reduce the level of service approximately $4.9 million of which advertiser’s products or services); (b) provided to advertisers in Wichita. was derived from its Wichita stations. may reach certain target audiences that Today, several Capstar and Triathlon Triathlon is a Delaware corporation cannot be reached as effectively through stations in Wichita compete head-to- headquartered in San Diego, California. other media; or (c) may render certain head to reach the same audiences and, Triathlon currently owns 31 radio services or offer promotional for many local and national advertisers stations in six U.S. markets. In 1997, opportunities to advertisers that they buying time in Wichita, they are close Triathlon had total revenue of cannot exploit as effectively using other substitutes for each other based on their approximately $33.6 million, media. For these and other reasons, specific audience characteristics. The approximately $8 million of which was many local and national advertisers in proposed merger would eliminate this derived from its Wichita stations. Wichita who purchase radio advertising competition. time view radio either as a necessary During individual price negotiations B. Description of the Events Giving Rise advertising medium for them or as a between advertisers and radio stations, to the Alleged Violation necessary advertising complement to advertisers provide the stations with On July 23, 1998, Capstar and other media. information about their advertising Triathlon entered into an Agreement Although some local and national needs, including their target audience and Plan of Merger (‘‘Agreement’’). advertisers may switch some of their and the desired frequency and timing of Under the terms of the Agreement, advertising to other media rather than ads. Radio stations thus have the ability Triathlon agreed to transfer its licensee absorb a price increase in radio to charge advertisers differing rates companies, including Triathlon advertising time in Wichita, the based in part on the number and Broadcasting of Wichita Licensee, Inc. existence of such advertisers would not attractiveness of competitive radio to Capstar. Also under the terms of the prevent radio stations from raising their stations that can meet a particular Agreement, Triathlon agreed to sell prices a small but significant amount. At advertiser’s specific target needs. Triathlon Broadcasting Company to a minimum, stations could raise prices During individualized rate Capstar. profitably to those advertisers who view negotiations, advertisers that desire to Capstar and Triathlon compete for the radio either as a necessary advertising reach certain listeners can help ensure business of local and national medium for them, or as a necessary competitive rates by ‘‘playing off’’ companies seeking to advertise in the advertising complement to other media. Capstar stations against Triathlon Wichita radio market. The proposed Radio stations, which negotiate prices stations. Capstar’s acquisition of acquisition of Triathlon and Capstar, individually with advertisers, can Triathlon will end this competition. and the threatened loss of competition identify those advertisers with strong After the acquisition, such advertisers will be unable to reach their desired that would be caused thereby radio preferences. Consequently, radio audiences with equivalent efficiency precipitated the government suit. stations can charge different advertisers different rates. Because of this ability to without using Capstar stations. Because C. Anticompetitive Consequences of the price discriminate among different advertisers seeking to reach these Proposed Acquisition customers, radio stations may charge audiences would have inferior 1. The Sale of Radio Advertising Time higher rates to advertisers that view alternatives to the merged entity as a in Wichita radio as particularly effective for their result of the acquisition,the acquisition needs, while maintaining lower rates for would give Capstar the ability to raise The Complaint alleges that the other advertisers. prices and reduce the quality of its provision of advertising time on radio service to some advertisers on its stations serving the Wichita, Kansas 2. Harm to Competition stations in Wichita. Metropolitan Survey Area (‘‘MSA’’) The Complaint alleges that Capstar’s b. Advertisers could not turn to other constitutes a line of commerce and a proposed acquisition of Triathlon would Wichita radio Stations to prevent section of the country, or a relevant lessen competition substantially in the Capstar from imposing an market, for antitrust purposes. The provision of radio advertising time in anticompetitive price increase.—If Wichita MSA is the geographical unit the Wichita MSA. The proposed Capstar raised prices or lowered for which Arbitron furnishes radio transaction would create further market services to those advertisers who buy stations, advertising agencies, and concentration in an already advertising time on Capstar and advertisers with data to aid in concentrated market. Using a measure of Triathlon stations in Wichita because of evaluating radio audience size and market concentration called the their strength in delivering access to composition. Advertisers use this data Herfindahl-Hirschman Index (‘‘HHI’’), certain audiences, non-Capstar radio in making decisions about which radio explained in Appendix A of the stations in Wichita would not be station or combination of radio stations Complaint, a combination of Capstar induced to change their formats to can deliver their target audiences in the and Triathlon would substantially attract those audiences in sufficiently most efficient and cost-effective way. increase the concentration in the large numbers to defeat a price increase. The Wichita MSA includes Butler, Wichita radio advertising markets. The Successful radio stations are unlikely to Harvey, and Sedgwick Counties. Radio HHI currently is 3040. If Capstar divests undertake a format change solely in stations earn their revenues from the only the two least significant FM response to small but significant sale of advertising time to local and stations, Capstar’s share of the Wichita increases in price being charged to national advertisers. Many local and radio market, based on advertising advertisers by a multi-station firm such national advertisers purchase radio revenue, would increase from as Capstar because they would likely advertising time in Wichita because approximately 20 percent to lose a substantial portion of their they find such advertising preferable to approximately 45 percent. The existing audiences. Even if less advertising in other media for their approximate post-merger HHI would be successful stations did change format, specific needs. For such advertisers, 3680, representing an increase of about they would still be unlikely to attract

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For all these have the right to be heard and to make proposed Final Judgment will neither reasons, plaintiff concludes that the additional recommendations. impair nor assist the bringing of any proposed transactions would lessen The proposed Final Judgment requires private antitrust damage action. Under competition substantially in the sale of that prior to the consummation of the the provisions of Section 5(a) of the the radio advertising time on radio transaction, defendants will maintain Clayton Act, 15 U.S.C. § 16(a), the stations serving the Wichita MSA in the independence of their respective proposed Final Judgment has no prima violation of Section 7 of the Clayton radio stations in Wichita until the facie effect in any subsequent private Act. closing of the merger and the transfer of lawsuit that may be brought against KEYN–FM, KWSJ–FM, KFH–AM, defendants. III. Explanation of the Proposed Final KNSS–AM and KQAM–AM to either a Judgment buyer approved by the plaintiff or to the V. Procedures Available for The proposed Final Judgment would Trustee. Modification of the Proposed Final preserve competition in the sale of radio The proposed Final Judgment also Judgment advertising time in Wichita. It requires prohibits Capstar from entering into The plaintiff and the defendants have Capstar to divest five stations: KEYN– certain agreements with other Wichita stipulated that the proposed Final FM, KWSJ–FM, KFH–AM, KNSS–AM radio stations without providing at least Judgment may be entered by the Court and KQAM–AM. The relief will reduce thirty (30) days’ notice of the plaintiff. after compliance with the provisions of the share in advertising revenues Specifically, Capstar must notify the the APPA, provided that the United Capstar would have achieved in the plaintiff before acquiring any interest in States has not withdrawn its consent. transaction from 45 percent to less than another Wichita radio station. Such The APPA conditions entry upon the 40 percent. The divestitures will acquisitions could raise competitive Court’s determination that the proposed preserve choices for advertisers and will concerns but might be too small to be Final Judgment is in the public interest. ensure that radio advertising prices do reported otherwise under the Hart-Scott- The APPA provides a period of at not increase and services do not decline Rodino Antitrust Improvements Act of least sixty (60) days preceding the as a result of the transaction. 1976, as amended, 15 U.S.C. § 18a (the effective date of the proposed Final Capstar must divest KEYN–FM, ‘‘HSR Act’’). Moreover, Capstar may not Judgment within which any person may KWSJ–FM, KFH–AM, KNSS–AM and agree to sell radio advertising time for submit to the United States written KQAM–AM assets to either another any other Wichita radio station, or to comments regarding the proposed Final buyer or a Trustee at the time it acquires have another radio station that also sells Judgment. Any person who wishes to Triathlon. The divestitures must be to a radio advertising time in Wichita sell its comment should do so within sixty (60) purchaser or purchasers acceptable to radio advertising time, without days of the date of publication of this the plaintiff in its sole discretion. providing plaintiff with notice. In Competitive Impact Statement in the Except in the case of KNSS–AM, the particular, the provision requires Federal Register. The plaintiff will divestitures shall include all the assets Capstar to notify the plaintiff before it evaluate and respond to the comments. of the stations being divested. The enters into any Joint Sales Agreements All comments will be given due divestitures shall be accomplished in (‘‘JSAs’’) in Wichita. Under a JSA, one consideration by the Department of such a way as to satisfy plaintiff, in its station sells another station’s Justice, which remains free to withdraw sole discretion, that such assets can and advertising time. Despite their clear its consent to the proposed Final will be used as viable, ongoing competitive significance, JSAs may not Judgment at any time prior to its entry. commercial radio businesses. If all be reportable to the Department The comments and the response of the defendants fail to divest these stations under the HSR Act. Thus, this provision United States will be filed with the within the time periods specified in the in the proposed Final Judgment ensures Court and published in the Federal Final Judgment, a Trustee agreed upon that the plaintiff will receive notice of Register. by plaintiff and Defendants and and be able to act, if appropriate, to stop Any such written comments should identified in the Final Judgment will be any agreements that might have be submitted to: Craig W. Conrath, entrusted to effect the divestitures. If the anticompetitive effects in the Wichita Chief, Merger Task Force, Antitrust Trustee is appointed, the proposed Final radio advertising market. Division, United States Department of Judgment provides that Capstar will pay The relief in the proposed Final Justice, 1401 H Street, NW, Suite 4000, all costs and expenses of the Trustee Judgment is intended to remedy the Washington, DC 20530. and any professionals and agents likely anticompetitive effects of The proposed Final Judgment retained by the Trustee. After Capstar’s proposed transaction with provides that the Court retains appointment, the Trustee will file Triathlon in Wichita. Nothing in this jurisdiction over this action, and the monthly reports with the plaintiff, Final Judgment is intended to limit the parties may apply to the Court for any Capstar and the Court, setting forth the plaintiff’s ability to investigate or to order necessary or appropriate for the Trustee’s efforts to accomplish the bring actions, where appropriate, modification, interpretation, or divestitures ordered under the proposed challenging other past or future enforcement of the Final Judgment. Final Judgment. If the Trustee has not activities of defendants in Wichita, or VI. Alternatives to the Proposed Final accomplished the divestitures within any other markets. four (4) months after the date of the Judgment Order’s entry, the Trustee shall IV. Remedies Available to Potential The plaintiff considered, as an promptly file with the Court a report Private Litigants alternative to the proposed Final setting forth (1) the Trustee’s efforts to Section 4 of the Clayton Act, 15 Judgment, a full trial on the merits of its accomplish the required divestitures, (2) U.S.C. § 15, provides that any person Complaint against defendants. The the reasons, in the Trustee’s judgment, who has been injured as a result of plaintiff is satisfied, however, that the

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Thus, the proposed explanations are reasonable under the APPA that were considered by the Final Judgment would achieve the relief circumstances. plaintiff in formulating the proposed the plaintiff would have obtained United States v. Mid-America Final Judgment. through litigation, but avoids the time, Dairymen, Inc., 1977–1 Trade Cas. expense and uncertainty of a full trial Dated: May 12, 1999. ¶ 61,508, at 71,980 (W.D. Mo. 1977). Respectfully submitted, on the merits of the Complaint. Accordingly, with respect to the Karl D. Knutsen, VII. Standard of Review Under the adequacy of the relief secured by the Attorney, Merger Task Force. APPA for Proposed Final Judgment decree, a court may not ‘‘engage in an unrestricted evaluation of what relief U.S. Department of Justice, Antitrust Division The APPA requires that proposed would best serve the public.’’ United 1401 H Street, N.W., Washington, D.C. 20530, consent judgments in antitrust cases States v. BNS, Inc., 858 F.2d 456, 462 (202) 514–0976. brought by the United States be subject (9th Cir. 1988) (citing United States v. to a sixty (60) day comment period, after Certificate of Service Bechtel Corp., 648 F.2d 660, 666 (9th which the court shall determine Cir. 1981)); see also Microsoft, 56 F.3d I, Karl D. Knutsen, of the Antitrust whether entry of the proposed Final at 1460–62. Precedent requires that Division of the United States Judgment ‘‘is in the public interest.’’ In Department of Justice, do hereby certify making that determination, the Court the balancing of competing social and that true copies of the foregoing may consider— political interests affected by a proposed antitrust consent decree must be left, in the Competitive Impact Statement were (1) the competitive impact of such first instance, to the discretion of the served this 12th day of May, 1999, by judgment, including termination of alleged Attorney General. The court’s role in United States mail, to the following: violations, provisions for enforcement and protecting the public interest is one of David J. Laing, Baker & McKenzie, modification, duration or relief sought, insuring that the government has not anticipated effects of alternative remedies breached its duty to the public in consenting 815 Connecticut Ave. N.W., Washington, D.C. actually considered, and any other the decree. The court is required to 20006. considerations bearing upon the adequacy of determine not whether a particular decree is Counsel for Triathlon Broadcasting such judgment; the one that will best serve society, but Company. (2) the impact of entry of such judgment whether the settlement is ‘‘within the reaches upon the public generally and individuals of the public interest.’’ More elaborate Neil W. Imus, Vinson & Elkins, alleging specific injury from the violations requirements might undermine the set forth in the complaint including 1455 Pennsylvania Avenue, N.W., effectiveness of antitrust enforcement by Washington, D.C. 20006. consideration of the public benefit, if any, to consent decree.2 be derived from a determination of the issues Counsel for Capstar Broadcasting at trial. The proposed Final Judgment, therefore, Corporation. should not be reviewed under a 10 U.S.C. § 16(e). Karl D. Knutsen As the United States Court of Appeals standard of whether it is certain to for the District of Columbia Circuit held, eliminate every anticompetitive effect of [FR Doc. 99–13403 Filed 5–25–99; 8:45 am] this statute permits to court to consider, a particular practice or whether it BILLING CODE 4410±11±M among other things, the relationship mandates certainty of free competition between the remedy secured and the in the future. Court approval of a final specific allegations set forth in the judgment requires a standard more DEPARTMENT OF JUSTICE plaintiff’s Complaint, whether the flexible and less strict than the standard decree is sufficiently clear, whether required for a finding of liability. ‘‘[A] Antitrust Division enforcement mechanisms are sufficient, proposed decree must be approved even Notice Pursuant to the National and whether the decree may positively if it falls short of the remedy the court Cooperative Research and Production harm third parties. See United States v. would impose on its own, as long as it Act of 1993ÐAdvanced Lead-Acid Microsoft Corp., 56 F.3d 1448, 1461–62 falls within the range of acceptability or Battery Consortium (``ALABC'') (D.C. Cir. 1995). is ‘within the reaches of public In conducting this inquiry, ‘‘[t]he interest.’ ’’ 3 Court is nowhere compelling to go to This is strong and effective relief that Notice is hereby given that, on April trial or to engage in extended should fully address the competitive 8, 1999, pursuant to Section 6(a) of the proceedings which might have the effect National Cooperative Research and of vitiating the benefits of prompt and Cong. 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. Production Act of 1993, 15 U.S.C. 4301 less costly settlement through the 6535, 6538. et seq. (‘‘the Act’’), Advanced Lead-Acid 2 Bechtel, 648 F.2d at 666 (citations omitted) consent decree process.’’ 1 Rather, Battery Consortium (‘‘ALABC’’) has (emphasis added); See BNS, 858 F.2d at 463; United filed written notifications States v. National Broad. Co., 449 F. Supp. 1127, 1 119 Cong. Rec. 24598 (1973). See United States 1143 (C.D. Cal. 1978); Gillette, 406 F. Supp. at 716. simultaneously with the Attorney v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. see also Microsoft, 56 F.2d at 1461 (whether ‘‘the General and the Federal Trade 1975. A ‘‘public interest’’ determination can be remedies [obtained in the decree are] so Commission disclosing changes in its made properly on the basis of the Competitive inconsonant with the allegations charged as to fall membership status. The notification Impact Statement and Response to Comments filed outside of the ‘reaches of the public interest’ ’’) pursuant to the APPA. Although the APPA (citations omitted). were filed for purpose of extending the authorizes the use of additional procedures, 15 3 United States v. American Tel. and Tel Co., 552 Act’s provisions limiting the recovery of U.S.C. § 16(f), those procedures are discretionary. A F. Supp. 131, 151 (D.D.C. 1982), aff’d. sub nom. antitrust plaintiffs to actual damages court need not invoke any of them unless it believes Maryland v. United States, 460 U.S. 1001 (1983) under specified circumstances. that the comments have raised significant issues (quoting Gillette Co., 406 F. Supp. at 716 (citations and that further proceedings would aid the court in omitted)); United States v. Alcan Aluminum, Ltd., Specifically, Borregaard Lignotech, resolving those issues. See H.R. Rep. 93–1463, 93rd 605 F. Supp. 619, 622 (W.D. Ky. 1985). Sharpsborg, Norway; and Eskom,

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Johannesburg, South Africa have been additional written notification Section 6(b) of the Act on February 18, added as parties to this venture. disclosing all changes in membership. 1999 (64 FR 8124). No other changes have been made in On December 15, 1997, Aluminum Constance K. Robinson, either the membership or planned Metal Matrix Composites (AIMMC) Director of Operations, Antitrust Division. activity of the group research project. Consortium Joint Venture filed its [FR Doc. 99–13282 Filed 5–25–99; 8:45 am] Membership in this group research original notification pursuant to Section BILLING CODE 4410±11±M project remains open, and Advanced 6(a) of the Act. The Department of Lead-Acid Battery Consortium Justice published a notice in the Federal DEPARTMENT OF JUSTICE (‘‘ALABC’’) intends to file additional Register pursuant to Section 6(b) of the written notification disclosing all Act on February 12, 1998 (63 FR 7180– changes in membership. Antitrust Division 02). On June 15, 1992, Advanced Lead- Notice Pursuant to the National Acid Battery Consortium (‘‘ALABC’’) Constance K. Robinson, Director of Operations, Antitrust Division. Cooperative Research and Production filed its original notification pursuant to Act of 1993ÐCommerce One, Inc. Section 6(a) of the Act. The Department [FR Doc. 99–13273 Filed 5–25–99; 8:45 am] of Justice published a notice in the BILLING CODE 4410±11±M Notice is hereby given that, on March Federal Register pursuant to Section 11, 1999, pursuant to Section 6(a) of the 6(b) of the Act on July 29, 1992 (57 FR National Cooperative Research and 33522–02). DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 The last notification was filed with et. seq. (‘‘the Act’’), Commerce One has the Department on January 11, 1999. A Antitrust Division filed written notifications notice was published in the Federal simultaneously with the Attorney Notice Pursuant to the National Register pursuant to Section 6(b) of the General and the Federal Trade Cooperative Research and Production Act on February 18, 1999 (64 FR 8123– Commission disclosing changes in its 02). Act of 1993ÐAuto Body Consortium, membership status. The notifications Inc.Ð``Hot Metal Gas Forming'' Constance K. Robinson, were filed for the purpose of extending the Act’s provisions limiting the Director of Operations, Antitrust Division. Notice is hereby given that, on March recovery of antitrust plaintiffs to actual [FR Doc. 99–13289 Filed 5–25–99; 8:45 am] 5, 1999, pursuant to Section 6(a) of the damages under specified circumstances. BILLING CODE 4410±11±M National Cooperative Research and Specifically, Veo Systems, Inc., Production Act of 1993, 15 U.S.C. 4301 Mountain View, CA was acquired by et seq. (‘‘the Act’’), Auto Body DEPARTMENT OF JUSTICE Commerce One, Inc., Walnut Creek, CA. Consortium, Inc.—‘‘Hot Metal Gas No other changes have been made in Antitrust Division Forming’’ has filed written notifications either the membership or planned simultaneously with the Attorney activity of the group research project. Notice Pursuant to the National General and the Federal Trade Membership in this group research Cooperative Research and Production Commission disclosing changes in its project remains open, and Commerce Act of 1993ÐAluminum Metal Matrix membership status. The notifications One, Inc. intends to file additional Composites (AIMMC) Consortium were filed for the purpose of extending written notification disclosing all the Act’s provisions limiting the changes in membership. Notice is hereby given that, on On October 7, 1997, Commerce One, recovery of antitrust plaintiffs to actual February 16, 1999, pursuant to Section Inc., filed its original notification damages under specified circumstances. 6(a) of the National Cooperative pursuant to Section 6(a) of the Act. The Research and Production Act of 1993, Specifically, Reynolds Metals Company, Department of Justice published a notice 15 U.S.C. 4301 et seq. (‘‘the Act’’), Chester, VA; and Troy Design and in the Federal Register pursuant to Aluminum Metal Matrix Composites Manufacturing, Medford, MI have been Section 6(b) of the Act on January 29, (AIMMC) Consortium Joint Venture has added as parties to this venture. Also, 1999 (64 FR 4705). filed written notifications the following members have changed The last notification was filed with simultaneously with the Attorney their names: Chrysler Corporation to the Department on September 18, 1998. General and the Federal Trade DaimlerChrysler, Madison Heights, MI A notice was published in the Federal Commission disclosing changes in its and Rockwell Automation to Allen- Register pursuant to section 6(b) of the membership status. The notifications Bradley Company LLC, Milwaukee, WI. Act on January 29, 1999 (64 FR 4705). were filed for the purpose of extending No other changes have been made in Constance K. Robinson, the Act’s provisions limiting the either the membership or planned Director of Operations, Antitrust Division. recovery of antitrust plaintiffs to actual activity of the group research project. [FR Doc. 99–13287 Filed 5–25–99; 8:45 am] damages under specified circumstances. Membership in this group research BILLING CODE 4410±11±M Specifically, ART, Inc., Buffalo, NY; project remains open, and Auto Body IAMS, Cincinnati, OH; INCO Technical Consortium, Inc.—‘‘Hot Metal Gas Services, Ltd., Ontario, CANADA; and Forming’’ intends to file additional DEPARTMENT OF JUSTICE Raytheon Company, Dallas, TX have written notification disclosing all been added as parties to this venture. Antitrust Division changes in membership. No other changes have been made in On December 21, 1998, Auto Body Notice Pursuant to the National either the membership or planned Cooperative Research and Production activity of the group research project. Consortium, Inc.—‘‘Hot Metal Gas Forming’’ filed its original notification Act of 1993ÐCommercenet Membership in this group research Consortium project remains open, and Aluminum pursuant to Section 6(a) of the Act. The Metal Matrix Composites (AIMMC) Department of Justice published a notice Notice is hereby given that, on March Consortium Joint Venture intends to file in the Federal Register pursuant to 31, 1999, pursuant to Section 6(a) of the

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National Cooperative Research and of the parties and (2) the nature and 6(b) of the Act on December 14, 1993 Production Act of 1993, 15 U.S.C. 4301 objectives of the venture. The (58 FR 65399). et seq. (‘‘the Act’’), CommerceNet notifications were filed for the purpose The last notification was filed with Consortium has filed written of invoking the Act’s provisions limiting the Department on December 31, 1998. notifications simultaneously with the the recovery of antitrust plaintiffs to A notice was published in the Federal Attorney General and the Federal Trade actual damages under specified Register pursuant to section 6(b) of the Commission disclosing changes in its circumstances. Pursuant to Section 6(b) Act on March 19, 1999 (64 FR 13602). membership status. The notifications of the Act, the identities of the parties Constance K. Robinson, were filed for the purpose of extending are The Dow Chemical Company, Director of Operations, Antitrust Division. the Act’s provisions limiting the Midland, MI; and International Business [FR Doc. 99–13280 Filed 5–25–99; 8:45 am] recovery of antitrust plaintiffs to actual Machines Corp., San Jose, CA. The BILLING CODE 4410±11±M damages under specified circumstances. nature and objectives of the venture are Specifically, DHL Airways, Redwood to engage in research and development City, CA and Ogilvy One Worldwide, of materials and methods for producing DEPARTMENT OF JUSTICE New York, NY have joined the ultra-low dielectric constant materials Consortium as Portfolio members. for use as interlayer dielectrics for Antitrust Division Softshare, Santa Barbara, CA has joined integrated circuit interconnects. the Consortium as a Core member. Also, Constance K. Robinson, Notice Pursuant to the National Cooperative Research and Production Pandesic, LLC, Sunnyvale, CA; and Director of Operations, Antitrust Division. Act of 1993ÐThe Frame Relay Forum Able Solutions, Battleground, WA have [FR Doc. 99–13285 Filed 5–25–99; 8:45 am] been dropped as parties to this venture. BILLING CODE 4410±11±M Notice is hereby given that, on No other changes have been made in February 4, 1999, pursuant to Section either the membership or planned 6(a) of the National Cooperative activity of the group research project. DEPARTMENT OF JUSTICE Research and Production Act of 1993, Membership in this group research 15 U.S.C. 4301 et seq. (‘‘the Act’’), The project remains open, and Antitrust Division Frame Relay Forum has filed written CommerceNet Consortium intends to notifications simultaneously with the Notice Pursuant To the National file additional written notification Attorney General and the Federal Trade Cooperative Research and Production disclosing all changes in membership. Commission disclosing changes in its Act of 1993ÐFinancial Services On June 13, 1994, CommerceNet membership status. The notifications Technology Consortium, Inc. Consortium filed its original notification were filed for the purpose of extending pursuant to Section 6(a) of the Act. The Notice is hereby given that, on March the Act’s provisions limiting the Department of Justice published a notice 31, 1999, pursuant to section 6(a) of the recovery of antitrust plaintiffs to actual in the Federal Register pursuant to National Cooperative Research and damages under specified circumstances. Section 6(b) of the Act on August 31, Production Act of 1993, 15 U.S.C. 4301 Specifically, Cyras Systems, Fremont, 1994 (59 FR 45012). et seq. (‘‘the Act’’), Financial Services CA; Larscom, Milpitas, CA; Maker The last notification was filed with Technology Consortium, Inc. Communications, Framingham, MA; the Department on February 22, 1999. A (Consortium) has filed written Next Level Communications, Rohnert notice has not yet been published in the notifications simultaneously with the Park, CA and Secant Network Federal Register. Attorney General and the Federal Trade Technologies, Morrisville, NC have Constance K. Robinson, Commission disclosing changes in its joined as worldwide members. Infinitec Director of Operations, Antitrust Division. membership status. The notifications Communications, Tulsa, OK and [FR Doc. 99–13281 Filed 5–25–99; 8:45 am] were filed for the purpose of extending Midwest Information Systems, BILLING CODE 4410±11±M the Act’s provisions limiting the Maryland Heights, MO have joined as recovery of antitrust plaintiffs to actual auditing members. CS Telcom, Cedex, damages under specified circumstances. FRANCE has upgraded to worldwide DEPARTMENT OF JUSTICE Specifically, Data Treasury Corporation, membership. The following member has Lloyd Harbor, NY has joined the changed its name: TxPort to Verilink, Antitrust Division Consortium as an associate member. Madison, AL. Also, CompuServe, Notice Pursuant to the National Also, TRW, Fairfax, VA; CU Columbus, OH; MICOM Cooperative Research and Production Cooperative, Pomona, CA; and Communications, Simi Valley, CA; DSC Act of 1993ÐThe Dow Chemical Columbia University, New York, NY Communications, Plano, TX and Company (``DOW''): Ultra-Low have been dropped as parties to this FastComm Communications, Sterling, Dielectric Constant Materials for venture. VA have been dropped as parties to this Integrated Circuit Interconnects No other changes have been made in venture. the membership of this venture. No other changes have been made in Notice is hereby given that, on March Membership in this group research either the membership or planned 2, 1999, pursuant to Section 6(a) of the project remains open, and Financial activity of the group research project. National Cooperative Research and Services Technology Consortium Inc. Membership in this group research Production Act of 1993, 15 U.S.C. 4301 intends to file additional written project remains open, and The Frame et seq. (‘‘the Act’’), The Dow Chemical notification disclosing all changes in Relay Forum intends to file additional Company (‘‘DOW’’): Ultra-Low membership. written notification disclosing all Dielectric Constant Materials for On October 21, 1993, Financial changes in membership. Integrated Circuit Interconnects has Services Technology Consortium Inc. On April 10, 1992, The Frame Relay filed written notifications filed its original notification pursuant to Forum filed its original notification simultaneously with the Attorney Section 6(a) of the Act. The Department pursuant to Section 6(a) of the Act. The General and the Federal Trade of Justice published a notice in the Department of Justice published a notice Commission disclosing (1) the identities Federal Register pursuant to Section in the Federal Register pursuant to

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Section 6(b) of the Act on July 2, 1992 DEPARTMENT OF JUSTICE VA. The nature and objectives of the (57 FR 29537). venture are to develop and demonstrate Antitrust Division The last notification was filed with a dramatically lower cost manufacturing method for high quality photovoltaic the Department on October 9, 1998. A Notice Pursuant to the National notice was published on the Federal solar cells based on MCT’s CCVD Cooperative Research and Production process. Register pursuant to Section 6(b) of the Act of 1993ÐInnovative Membrane Constance K. Robinson, Act on January 29, 1999 (64 FR 4706). Systems, Inc. Constance K. Robinson, Director of Operations, Antitrust Division. Director of Operations, Antitrust Division. Notice is hereby given that, on [FR Doc. 99–13272 Filed 5–25–99; 8:45 am] February 19, 1999, pursuant to Section [FR Doc. 99–13277 Filed 5–25–99; 8:45 am] BILLING CODE 4410±11±M 6(a) of the National Cooperative BILLING CODE 4410±11±M Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Innovative Membrane Systems, Inc. has filed written notifications Antitrust Division Antitrust Division simultaneously with the Attorney General and the Federal Trade Notice Pursuant to the National Notice Pursuant to the National Commission disclosing (1) the identifies Cooperative Research and Production Cooperative Research and Production of the parties and (2) the nature and Act of 1993ÐMicroelectronics and Act of 1993ÐHDTV Broadcasting objectives of the venture. The Computer Technology Corporation Technology Consortium notifications were filed for the purpose Notice is hereby given that, on of invoking the Act’s provisions limiting February 11, 1999, pursuant to Section Notice is hereby given that, on March the recovery of antitrust plaintiffs to 6(a) of the National Cooperative 11, 1999, pursuant to section 6(a) of the actual damages under specified Research and Production Act of 1993, National Cooperative Research and circumstances. Pursuant to Section 6(b) 15 U.S.C. 4301 et seq. (‘‘the Act’’), Production Act of 1993, 15 U.S.C. 4301 of the Act, the identifies of the parties Microelectronics and Computer et seq. (‘‘the Act’’), HDTV Broadcasting are Praxair, Inc., Danbury, CT; Walter Technology Corporation (‘‘MCC’’) has Technology Consortium has filed Juda Associates, c/o Tufts University, filed written notification simultaneously written notifications simultaneously Medford, MA; and Tufts University, with the Attorney General and the with the Attorney General and the Department of Chemical Engineering, Federal Trade Commission disclosing Federal Trade Commission disclosing Medford, MA. The nature and objectives changes in its membership status. The changes in its membership status. The of the venture are to develop and notifications were filed for the purpose notifications were filed for the purpose demonstrate high temperature hydrogen of extending the Act’s provisions of extending the Act’s provisions separation membranes. limiting the recovery of antitrust limiting the recovery of antitrust Constance K. Robinson, plaintiffs to actual damages under plaintiffs to actual damages under Director of Operations, Antitrust Division. specified circumstances. Specifically, specified circumstances. Specifically, [FR Doc. 99–13274 Filed 5–25–99; 8:45 am] Mobil Technology Company, Fairfax, New Jersey Public Broadcasting BILLING CODE 4410±11±M VA has joined MCC as an associate Authority, Trenton, NJ; and Wegener member. Rafael, Haisa, Israel has joined Communications, Duluth, GA have been MCC as a foreign associate member. added as parties to this venture. Also, DEPARTMENT OF JUSTICE Telefonica, Madrid, Spain has joined Philips Laboratories, Briarcliff Manor, MCC as a foreign project participant. NY; MCI Telecommunications, Antitrust Division Eastman Kodak, Rochester, NY has Richardson, TX; and Sun Microsystems Notice Pursuant to the National joined the MeMs project and the PACE Federal, Inc., Mountain View, CA have Cooperative Research and Production project. Motorola, Schaumburg, IL has been dropped as parties to this venture. Act of 1993ÐMicrocoating joined the PACE Project and the SSEP No other changes have been made in Technologies, Inc./Solarex, Inc. Project. 3M, Austin, TX; Nokia, either the membership or planned Helsinki, Finland; and Hewlett-Packard, activity of the group research project. Notice is hereby given that, on Palo Alto, CA have joined the PACE Membership in this group research February 25, 1999, pursuant to Section project. Lockheed Martin, Orlando, FL; project remains open, and HDTV 6(a) of the National Cooperative and NCR, Dayton, OH have joined the Broadcasting Technology Consortium Research and Production Act of 1993, SSEP Project. Nortel Networks, Ottowa, intends to file additional written 15 U.S.C. § 4301 et seq. (‘‘the Act’’), CA has joined the MeMs Project. SAIC, notification disclosing all changes in MicroCoating Technologies, Inc./ LaJolla, CA and Rafael, Haisa, Israel membership. Solarex, Inc. has filed written have joined the Infosleuth 2 Project. notifications simultaneously with the Telefonica, Madrid, Spain has joined On September 11, 1995, HDTV Attorney General and the Federal Trade the I3S project. Also, Advanced Broadcasting Technology Consortium Commission disclosing (1) the identities Analytic Tools, Langley, VA; (The) filed its original notification pursuant to of the parties and (2) the nature and Boeing Company, Seattle, WA; DOD Section 6(a) of the Act. The Department objectives of the venture.The Clinical Business Area, Arlington, VA; of Justice published a notice in the notifications were filed for the purpose Tandem Computers, Inc., Cupertino, Federal Register pursuant to Section of invoking the Act’s provisions limiting CA; and VLSI, San Jose, CA have been 6(b) of the Act on December 13, 1995 the recovery of antitrust plaintiffs to dropped as parties to this venture. The (60 FR 64079). actual damages under specified Object Infrastructure Project has been Constance K. Robinson, circumstances. Pursuant to Section 6(b) terminated. Director of Operations, Antitrust Division. of the Act, the identities of the parties No other changes have been made in [FR Doc. 99–13278 Filed 5–25–99; 8:45 am] are MicroCoating Technologies, Inc., either the membership or planned BILLING CODE 4410±11±M Chamblee, GA; and Solarex, Inc., Toano, activity of the group research project.

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Membership in this group research America, Irving, TX; NetCore Systems, Logic Corporation, San Jose, CA; Auto- project remains open, and Wilmington, MA; Newbridge Networks, trol Technology Corporation, McLean, Microelectronics and Computer Kanata, Ontario, Canada; Nexabit VA; Corning Incorporated, Corning, NY; Technology Corporation intends to file Networks, Marlborough, MA; Nortel SMART Technologies Inc., Calgary additional written notification Networks, Nepean, Ontario, CANADA; Alberta, CANADA; TRW Broadband disclosing all changes in membership. SBC Technology Resources, Austin, TX; Communication Network, Carson, CA; On December 21, 1984, Sentient Networks, Milpitas, CA; Winco Industries, Inc., Tipp City, OH; Microelectronics and Computer Siemens, Boca Raton, FL; Telecom Carnegie Mellon Research Institute, Technology Corporation filed its Italia, Rome, Italy; Telia AB, Farsta, Pittsburgh, PA and Original Equipment original notification pursuant to Section Sweden; and USWest, Boulder, CO. The Suppliers Association, Troy, MI have 6(a) of the Act. The Department of nature and objectives of the venture are been added as parties to this venture. Justice published a notice in the Federal to support the rapid advancement of an Also, R&B Machine Tool, Saline, MI; Register pursuant to Section 6(b) of the efficient and compatible technology Cimplex Corporation, San Jose, CA: Act on January 17, 1985 (50 FR 2633). base that promotes a competitive HPM Consulting Inc., Burlington, The last notification was filed with switching system technology; promoting Ontario, Canada; ICON Industrial the Department on August 28, 1998. A worldwide compatibility and Controls Corporation, Natchitoches, LA; notice was published in the Federal interoperability; encouraging input to Medar, Inc., Farmington, MI; Monarch Register pursuant to Section 6(b) of the appropriate national and international Machine Tool, Saline, MI; SpeedFam Act on December 30, 1998 (64 FR standards bodies; and identifying, Corporation, Des Plaines, IL; Steel 71955). selecting, augmenting as appropriate, Products Division (United Defense), Constance K. Robinson, and publishing multiservice switching Anniston, AL; and The Metal Finishing Director of Operations, Antitrust Division. system implementation agreements Suppliers Association, Herndon, VA [FR Doc. 99–13286 Filed 5–25–99; 8:45 am] drawn from appropriate national and have been dropped as parties to this BILLING CODE 4410±11±M international standards; conducting venture. cooperative research; developing No other changes have been made in proposals to be made to appropriate either the membership or planned DEPARTMENT OF JUSTICE national and international standards activity of the group research project. bodies in order to further compatibility Membership in this group research Antitrust Division and interoperatability; developing project remains open, and National publications and information materials; Center for Manufacturing Sciences, Inc. Notice Pursuant to the National and performing other activities intends to file additional written Cooperative Research and Production permitted under MSF’s Bylaws in notification disclosing all changes in Act of 1993ÐMultiservice Switching furtherance of the purpose and objects membership. Form (``MSF'') of MSF. On February 20, 1987, National Notice is hereby given that, on Constance K. Robinson, Center for Manufacturing Sciences, Inc. January 22, 1999, pursuant to Section Director of Operations, Antitrust Division. filed its original notification pursuant to 6(a) of the National Cooperative [FR Doc. 99–13295 Filed 5–25–99; 8:45 am] Section 6(a) of the Act. The Department of Justice published a notice in the Research and Production Act of 1993, BILLING CODE 4410±11±M 15 U.S.C. 4301 et seq. (‘‘the Act’’), Federal Register pursuant to Section Multiservice Switching Forum (‘‘MSF’’) 6(b) of the Act on March 17, 1987 (52 has filed written notifications DEPARTMENT OF JUSTICE FR 8375). simultaneously with the Attorney The last notification was filed with General and the Federal Trade Antitrust Division the Department on January 7, 1999. A Commission disclosing (1) the identifies notice was published in the Federal Notice Pursuant to the National Register pursuant to Section 6(b) of the of the parties and (2) the nature and Cooperative Research and Production objectives of the venture. The Act on March 19, 1999 (64 FR 13604). Act of 1993ÐNational Center for Constance K. Robinson, notifications were filed for the purpose Manufacturing Sciences, Inc. of invoking the Act’s provisions limiting Director of Operations, Antitrust Division. the recovery of antitrust plaintiffs to Notice is hereby given that, on April [FR Doc. 99–13294 Filed 5–25–99; 8:45 am] actual damages under specified 1, 1999, pursuant to Section 6(a) of the BILLING CODE 4410±11±M circumstances. Pursuant to Section 6(b) National Cooperative Research and of the Act, the identities of the parties Production Act of 1993, 15 U.S.C. 4301 are 3Com, Westborough, MA; AT&T, et seq. (‘‘the Act’’), National Center for DEPARTMENT OF JUSTICE San Jose, CA; Abrizio, Inc., Mountain Manufacturing Sciences, Inc. has filed View, CA; Alcatel, Plano, TX; Ascend written notifications simultaneously Antitrust Division Communications, Westford, MA; British with the Attorney General and the Notice Pursuant to the National Telecom, Ipswick, Suffolk, United Federal Trade Commission disclosing Cooperative Research and Production Kingdom; Bellcore, Morristown, NJ; changes in its membership status. The Act of 1993ÐOBI Consortium Bellsouth, Atlanta, GA; Cisco Systems, notifications were filed for the purpose San Jose, CA; cplane Inc., Menlo Park, of extending the Act’s provisions Notice is hereby given that, on CA; ECI Telecom, Petah Tikva, ISRAEL; limiting the recovery of antitrust February 23, 1999, pursuant to Section FORE Systems, Warrendale, PA; Fujitsu plaintiffs to actual damages under 6(a) of the National Cooperative Network Communications, Raleigh, NC; specified circumstances. Specifically, Research and Production Act of 1993, Harris & Jeffries, Dedham, MA; Hitachi Intelliworxx, Inc., Sarasota, FL; Kestrel 15 U.S.C. 4301 et seq. (‘‘the Act’’), OBI Telecom, Norcross, GA; LM Ericsson, Aircraft Company, Norman, OK; Consortium has filed written Stockholm, Sweden; Lucent UNOVA—Industrial Automation notifications simultaneously with the Technologies, Murray Hill, NJ; Systems, Cincinnati, OH who has Attorney General and the Federal Trade MCIWorldCom, Richardson, TX; NEC acquired R&B Machine Tool; Ascent Commission disclosing changes in its

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Specifically, Avici Systems, North simultaneously with the Attorney Specifically, Concur Technologies, Inc., Billerica, MA; British General and the Federal Trade Redmond, WA; GTE CyberTrust Telecommunications, London, United Commission disclosing (1) the identities Solutions, Inc., Needham Heights, MA; Kingdom; Level 3 Communications, of the parties and (2) the nature and SATCOM Electronic Commerce Louisville, CO; NIST, Gaithersburg, MD; objectives of the venture. The Services, Osborne Park, WA Osicom Technologies, Naperville, IL; notifications were filed for the purpose AUSTRALIA; Barnes & Noble, New SDL, San Jose, CA; Silk Road of invoking the Act’s provisions limiting York, NY; DuPont, Wilmington, DE; Corporation, San Diego, CA; Terabit the recovery of antitrust plaintiffs to McMaster-Carr, Elmhurst, IL; McJunkin Networks, Los Altos, CA have joined actual damages under specified Corporation, Charleston, WV; Comdisco, OIF as principal members. GiGA, circumstances. Pursuant to Section 6(b) Inc., Rosemont, IL; Flint Ink, Ann Arbor, Thousands Oaks, CA; KDD R&D of the Act, the identifies of the parties MI; and NTT America, Inc., Mountain Laboratories, Saitama, Japan; University are Telcordia Technologies, Inc. View, CA have been added as parties to of Kansas; Lawrence, KS; Viag Interkom (formerly Bellcore); Morristown, NJ; this venture. Also, SAP, Foster City, CA; GmbH & Co., Munich, Germany; Wandel Hewlett-Packard, Westlake Village, CA; First Union National Bank, Charlotte, & Goltermann, Eningen u.A., Germany Rsoft, Ossining, NY; The Trustees of NC; National Semiconductor, have been added as auditing members. Columbia University in the City of New Sunnyvale, CA; and WH Brady, E.O.S.T., Jerusalem, Israel has changed York, New York, NY; Science Milwaukee, WI have been dropped as its name to Chairo Networks. Applications International Corporation, parties to this venture. WorldCom, Tulsa, OK: has changed its McLean, VA; Northern Telecom, Inc., No other changes have been made in name to MCI Worldcom. Bay Networks, McLean, VA; and SDL, Inc., San Jose, either the membership or planned Santa Clara, CA and Nortel, Ontario, CA. The nature and objectives of the activity of the group research project. Canada have merged into a new venture is to develop a pioneering Membership in this group research company: Nortel Networks. GPT, multi-level computer simulation project remains open, and OBI Coventry, England and Marconi SpA, environment for photonics that Consortium intends to file additional Genova, Italy have merged into Marconi incorporates network level, systems written notification disclosing all Communications. The following have level, and device level modeling and changes in membership. upgraded to principal membership: simulation tools. On September 10, 1997, OBI Furukawa Electric Technologies, Santa Constance K. Robinson, Consortium filed its original notification Clara, CA; Net Insight, Stockholm, Director of Operations, Antitrust Division. pursuant to Section 6(a) of the Act. The Sweden; Stratum One Communications, [FR Doc. 99–13291 Filed 5–25–99; 8:45 am] Department of Justice published a notice Santa Clara, CA. Williams Networks, BILLING CODE 4410±11±M in the Federal Register pursuant to Tulsa, OK has downgraded to auditing Section 6(b) of the Act on November 10, membership. 1997 (62 FR 60531). No other changes have been made in DEPARTMENT OF JUSTICE The last notification was filed with either the membership or planned the Department on December 1, 1998. A activity of the group research project. Antitrust Division notice was published in the Federal Membership in this group research Register pursuant to Section 6(b) of the project remains open, and Optical Notice Pursuant to the National Act on March 19, 1999 (64 FR 13604). Internetworking Forum (‘‘OIF’’) intends Cooperative Research and Production Constance K. Robinson, to file additional written notification Act of 1993ÐPetroleum E&P Research Director of Operations, Antitrust Division. disclosing all changes in membership. Cooperative [FR Doc. 99–13290 Filed 5–25–99; 8:45 am] On October 5, 1998, Optical Notice is hereby given that, on March Internetworking Forum (‘‘OIF’’) filed its BILLING CODE 4410±11±M 12, 1999, pursuant to Section 6(a) of the original notification pursuant to Section National Cooperative Research and 6(a) of the Act. The Department of Production Act of 1993, 15 U.S.C. 4301 DEPARTMENT OF JUSTICE Justice published a notice in the Federal et seq. (‘‘the Act’’), Petroleum E&P Register pursuant to Section 6(b) of the Research Cooperative has filed written Antitrust Division Act on January 29, 1999 (64 FR 4709). notifications simultaneously with the Constance K. Robinson, Notice Pursuant to the National Attorney General and the Federal Trade Director of Operations, Antitrust Division. Cooperative Research and Production Commission disclosing changes in its Act of 1993ÐOptical Internetworking [FR Doc. 99–13288 Filed 5–25–99; 8:45 am] project status. The notifications were Forum (``OIF'') BILLING CODE 4410±11±M filed for the purpose of extending the Act’s provisions limiting the recovery of Notice is hereby given that, on antitrust plaintiffs to actual damages February 25, 1999, pursuant to section DEPARTMENT OF JUSTICE under specified circumstances. The 6(a) of the National Cooperative Cooperative intends to undertake the Research and Production Act of 1993, Antitrust Division following projects: ‘‘Deepwater 15 U.S.C. 4301 et seq. (‘‘the Act’’), Notice Pursuant to the National Wellbore and Pipeline Thermal Optical Internetworking Forum (‘‘OIF’’) Cooperative Research and Production Management’’—to evaluate the thermal has filed written notifications Act of 1993ÐThe PCAD Venture Team performance of several typical simultaneously with the Attorney deepwater wellbore and pipeline General and the Federal Trade Notice is hereby given that, on thermal insulation systems, including Commission disclosing changes in its February 10, 1999, pursuant to Section vaccum-insulated tubing (VIT), pipe-in- membership status. The notifications 6(a) of the National Cooperative pipe (PIP) flowlines, and bundle

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28521 flowlines to provide accurate of the Act, the identifies of the parties new materials for exhaust energy measurement of the overall heat transfer are Caterpillar Inc., Peoria, IL; Cummins retention, improved turbocharging and coefficients (OHTC) and cooldown Engine Co., Columbus, IN; Detroit Diesel turbocharger control and exhaust behaviors of these systems; and ‘‘Effects Corporation, Detroit, MI; Mack Trucks, aftertreatment. of Water Cut on Wax Deposition in Inc., Hagerstown, MD; and Volvo Truck Constance K. Robinson, Deepwater Flowlines’’—to determine Corporation, Gothenburg, Sweden. The Director of Operations, Antitrust Division. the effects of water cut on wax nature and objectives of the venture are [FR Doc. 99–13292 Filed 5–25–99; 8:45 am] deposition in oil flowlines and to to develop engine intake air temperature BILLING CODE 4410±11±M investigate wax deposition correction factors for NOX and PM, and characteristics in typical oil-water flow humidity correction factors for NOX, for patterns using the 4-in, 500-ft long several on-highway, heavy-duty diesel DEPARTMENT OF JUSTICE deepwater flow assurance loop at the engines. Texaco Humble Test Facility. Constance K. Robinson, Antitrust Division No other changes have been made in Director of Operations, Antitrust Division. either the membership or planned Notice Pursuant to the National [FR Doc. 99–13283 Filed 5–25–99; 8:45 am] Cooperative Research and Production activity of the group research project. BILLING CODE 4410±11±M Membership in this group research Act of 1993ÐSouthwest Research project remains open, and Petroleum Institute: Fuel Filtration Cooperative R&D ProgramÐPhase III E&P Research Cooperative intends to DEPARTMENT OF JUSTICE file additional written notification Notice is hereby given that, on March disclosing all changes in membership. Antitrust Division 1, 1999, pursuant to Section 6(a) of the On January 16, 1997, Petroleum E&P National Cooperative Research and Notice Pursuant to the National Research Cooperative filed its original Production Act of 1993, 15 U.S.C. 4310 Cooperative Research and Production notification pursuant to Section 6(a) of et seq. (‘‘the Act’’), Southwest Research Act of 1993ÐSouthwest Research the Act. The Department of Justice Institute: Fuel Filtration Cooperative Institute (``SWRI''): Advanced published a notice in the Federal R&D Program—Phase III has filed Reciprocal Engine Systems (``ARES'') Register pursuant to Section 6(b) of the written notifications simultaneously Act on February 13, 1997 (62 FR 6801). Notice is hereby given that, on with the Attorney General and the The last notification was filed with February 9, 1999, pursuant to Section Federal Trade Commission disclosing the Department on July 14, 1998. A 6(a) of the National Cooperative (1) the identities of the parties and (2) notice was published in the Federal Research and Production Act of 1993, the nature and objectives of the venture. Register pursuant to Section 6(b) of the 15 U.S.C. § 301 et seq. (‘‘the Act’’), The notifications were filed for the Act on September 29, 1998 (63 FR Southwest Research Institute (‘‘SWRI’’): purpose of invoking the Act’s provisions 51955). Advanced Reciprocal Engine Systems limiting the recovery of antitrust Constance K. Robinson, (‘‘ARES’’) has filed written notifications plaintiffs to actual damages under Director of Operations, Antitrust Division. simultaneously with the Attorney specified circumstances. Pursuant to [FR Doc. 99–13284 Filed 5–25–99; 8:45 am] General and the Federal Trade Section 6(b) of the Act, the identities of BILLING CODE 4410±11±M Commission disclosing (1) the identities the parties are Caterpillar, Inc., of the parties and (2) the nature and Mossville, IL; Champion Laboratories, objectives of the venture. The Inc., West Salem, IL; Donaldson DEPARTMENT OF JUSTICE notifications were filed for the purpose Company, Inc., Minneapolis, MN; and of invoking the Act’s provisions limiting Fleetguard, Inc., Cookeville, TN. The Antitrust Division the recovery of antitrust plaintiffs to nature and objectives of the Venture are actual damages under specified to verify that wear index test rating and Notice Pursuant to the National actual engine wear rates correlate, Cooperative Research and Production circumstances. Pursuant to Section 6(b) of the Act, the identities of the parties improve the current test method to Act of 1993ÐSouthwest Research incorporate additional vibration, and to Institute: Heavy-Duty Diesel Engine are Altronic, Inc., Girard, OH; Caterpillar Inc., Lafayette, IN; Cooper measure and document the filter head Emission Testing to Generate NOX and accelerations. PM Correction Factors Cameron Corporation, Springfield, OH; Gas Research Institute, Chicago, IL; Constance K. Robinson, Notice is hereby given that, on March Southern California Gas Company, Los Director of Operations, Antitrust Division. 26, 1999, pursuant to Section 6(a) of the Angeles, CA; Waukesha Engine [FR Doc. 99–13296 Filed 5–25–99; 8:45 am] National Cooperative Research and Division, Dresser Industries, Inc., BILLING CODE 4410±11±M Production Act of 1993, 15 U.S.C. 4301 Waukesha, WI; and Woodward et seq. (‘‘the Act’’), Southwest Research Governor Company, Industrial Controls Institute: Heavy-Duty Diesel Engine Group, Fort Collins, CO. The nature and DEPARTMENT OF JUSTICE Emission Testing to Generate NOX and objectives of the venture are to develop PM Correction Factors has filed written and demonstrate reciprocating engine Antitrust Division notifications simultaneously with the technology that will enable natural gas Notice Pursuant to the National Attorney General and the Federal Trade engines in power generation application Cooperative Research and Production Commission disclosing (1) the identities to achieve 50 percent energy conversion Act of 1993ÐSymbian Limited of the parties and (2) the nature and efficiency and NOX emissions of 5 ppm objectives of the venture. The (corrected to 15 percent oxygen) through Notice is hereby given that, on notifications were filed for the purpose the identification and understanding of January 22, 1999, pursuant to section of invoking the Act’s provisions limiting potential techniques and phenomena 6(a) of the National Cooperative the recovery of antitrust plaintiffs to such as the combustion and knock Research and Production Act of 1993, actual damages under specified processes, the use of an expanded cycle 15 U.S.C. 4301 et seq. (‘‘the Act’’), circumstances. Pursuant to Section 6(b) (Miller), ignition system development, Symbian Limited has filed written

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28522 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices notifications simultaneously with the Columbia, CANADA; Cheetah Dorval, Quebec, Canada; Telia Network Attorney General and the Federal Trade Technologies, Brandenton, FL; Sequel Services, Stockholm, Sweden; and ECI Commission disclosing changes in its Systems, Inc., Richardson, TX; and Telekom, Ltd., Petah Tikva, Israel have membership status. The notifications Tedasys, Inc., Lahti, FINLAND have been added as Associate Members to were filed for the purpose of extending been added as Associate Members. IIR this venture. Also, Nortel, Richardson, the Act’s provisions limiting the Limited, Longon, ENGLAND; John E. TX; Telia AB, Stockholm, Sweden; and recovery of antitrust plaintiffs to actual Watson, Consultant/Developer, Telecom Telematics International, Fort damages under specified circumstances. Software Solutions, Morgaton, GA; Lauderdale, FL have been dropped as Specifically, Motorola, Inc., Anderson & Associates Consulting, Associate Members to this venture. Schaumberg, IL has been added as a Highland Ranch, CO; Corporate No other changes have been made in party to this venture. Renaissance Inc., Concord, MA; and either the membership or planned No other changes have been made in Telecom Soluciones S.A., Moreno, Piso, activity of the group research project. either the membership or planned Capital Federal, ARGENTINA have been Membership in this group research activity of the group research project. added as Affiliate Members. project remains open, and Membership in this group research No other changes have been made in TeleManagement Forum intends to file project remains open, and Symbian either the membership or planned additional written notification Limited intends to file additional activity of the group research project. disclosing all changes in membership. written notification disclosing all Membership in this group research On October 21, 1988, changes in membership. project remains open, and TeleManagement Forum filed its On July 21, 1998, Symbian Limited TeleManagement Forum intends to file original notification pursuant to section filed its original notification pursuant to additional written notification 6(a) of the Act. The Department of section 6(a) of the Act. The Department disclosing all changes in membership. Justice published a notice in the Federal of Justice published a notice in the On October 21, 1988, Register pursuant to section 6(b) of the Federal Register pursuant to section TeleManagement Forum filed its Act on December 8, 1988 (53 FR 49615). 6(b) of the Act on January 28, 1999 (64 original notification pursuant to Section The last notification was filed with FR 4470). 6(a) of the Act. The Department of the Department on January 12, 1999. A Constance K. Robinson, Justice published a notice in the Federal notice has not yet been published in the Director of Operations Antitrust Division. Register pursuant to section 6(b) of the Federal Register. [FR Doc. 99–13271 Filed 5–25–99; 8:45 am] Act on December 8, 1988 (53 FR 49615). Constance K. Robinson, The last notification was filed with BILLING CODE 4410±11±M Director of Operations, Antitrust Division. the Department on September 23, 1998. [FR Doc. 99–13279 Filed 5–25–99; 8:45 am] A notice was published in the Federal BILLING CODE 4410±11±M DEPARTMENT OF JUSTICE Register pursuant to Section 6(b) of the Act on January 28, 1999 (64 FR 4470). Antitrust Division Constance K. Robinson, DEPARTMENT OF JUSTICE Director of Operations, Antitrust Division. Notice Pursuant to the National [FR Doc. 99–13276 Filed 5–25–99; 8:45 am] Antitrust Division Cooperative Research and Production Act of 1993ÐTelemanagement Forum BILLING CODE 4410±11±M Notice Pursuant to the National Cooperative Research and Production Notice is hereby given that, on Act of 1993ÐVSI Alliance January 12, 1999, pursuant to Section DEPARTMENT OF JUSTICE 6(a) of the National Cooperative Notice is hereby given that, on Research and Production Act of 1993, Antitrust Division February 11, 1999, pursuant to Section 15 U.S.C. 4301 et seq. (‘‘the Act’’), Notice Pursuant to the National 6(a) of the National Cooperative TeleManagement Forum has filed Cooperative Research and Production Research and Production Act of 1993, written notifications simultaneously Act of 1993ÐTelemanagement Forum 15 U.S.C. 4301 et seq. (‘‘the Act’’), VSI with the Attorney General and the Alliance has filed written notifications Federal Trade Commission disclosing Notice is hereby given that, on simultaneously with the Attorney changes in its membership status. The February 19, 1999, pursuant to section General and the Federal Trade notifications were filed for the purpose 6(a) of the National Cooperative Commission disclosing changes in its of extending the Act’s provisions Research and Production Act of 1993, membership status. The notifications limiting the recovery of antitrust 15 U.S.C. 4301 et seq. (‘‘the Act’’), were filed for the purpose of extending plaintiffs to actual damages under TeleManagement Forum has filed the Act’s provisions limiting the specified circumstances. Specifically, written notifications simultaneously recovery of antitrust plaintiffs to actual Enterprise Engineering, Fairborn, OH; with the Attorney General and the damages under specified circumstances. and Granite Systems, Manchester, NH Federal Trade Commission disclosing Specifically, Antrim Design Systems, have been added as Corporate Members. changes in its membership status. The Inc., Scotts Valley, CA; Analog Circuit 3Com, Westborough, MA; notifications were filed for the purpose Technologies, Inc., San Diego, CA; Arc Consultronics, Budapest, HUNGARY; of extending the Act’s provisions Cores Ltd., Huntsville, AL; Boulder Cronus Technology, Inc., Schaumburg, limiting the recovery of antitrust Creek Engineering, Santa Cruz, CA; IL; Lightera Networks, Cupertino. CA; plaintiffs to actual damages under CSELT S.p.A. (Centro Studi E Laboratori InterSoft Technologies, Inc., Westford, specified circumstances. Specifically, Telecomunicazioni S.p.A.), Torino, MA; Mantiss Information Corp., Nortel Networks, Richardson, TX has Italy; Fuji Xerox Co., Ltd., Kanagawa, Chicago, IL; Diamond Lane been added as a Corporate Member. Japan; HCL Technologies India Pvt. Ltd., Communications, Petaluma, CA; Gensym Corporation, Cambridge, MA; Nadu, India; Institute of Amdocs (Israel) Limited, Ra’anana, Astracon, Inc., Englewood, CO; Cramer Microelectronics, Singapore; Integrated ISRAEL; Applied Digital Access- Systems Ltd., Bath, United Kingdom; Technology Express USA, Santa Clara, Canada, Inc., Burnaby, British Qitel AB, Uppsala, Sweden; RELTEC, CA; Neo Linear, Inc., Pittsburgh, PA;

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NetLogic Microsystems, Inc., Mountain membership status. The notifications DEPARTMENT OF JUSTICE View, CA; Opmaxx, Inc., Beaverton, OR; were filed for the purpose of extending Miodrag Potkonjak (individual), Los the Act’s provisions limiting the Immigration and Naturalization Service Angeles, CA; Alberto Sangiovanni- recovery of antitrust plaintiffs to actual Vincentelli (individual), Berkely, CA; damages under specified circumstances. Agency Information Collection Siemens Microelectronics, Inc., Munich, Specifically, Acer Peripherals, Taiwan, Activities: Extension of Existing Germany; Silicon Metrics Corp., Austin, Republic of China; Bell Atlantic Mobile, Collection; Comment Request TX; Stellar Semiconductor, San Jose, Bedminster, NJ; Bouygues Telecom, ACTION: Notice of Information Collection CA; and TansEDA, Inc., Los Gatos, CA Velizy, Cedex, France; Bussan Systems, Under Review; Application to Extend/ has been added as parties to this Tokyo, Japan; Connect Austria, Vienna, Change Nonimmigrant Status. venture. Also, Cadworx Consulting, Inc., Austria; Denso Corp. (Shinichiro Imai), Milpitas, CA; Denali Software, Inc., Palo Aichiken, Japan; Dr. Materna—Systeme The Office of Management and Budget Alto, CA; Eigen Tek, Inc., Cherry Hill, Software, Beratungen, Dornund, (OMB) approval is being sought for the NH; Excellent Design, Inc., Kanagawa, Germany; France Telecom, Issy information collection listed below. Japan; Knowledge Based Silicon Corp., Moulineaux, France; Glenayre This proposed information collection Columbia, SC; Oki Electric Industry Co., Electronics, Duluth, GA; GSM was previously published in the Federal Ltd., LSI CAD Dept., Tokyo, Japan, Information Network, Arkel, The Register on December 31, 1998 at 63 FR SAND Microelectrics, Inc., San Jose, CA; Netherlands; Hewlett Packard Corp., 72333, allowing for a 60-day public Siemens Semiconductor, Munich, Grenoble, Cedex, France; ICO Global comment period. No comments were Germany; Symbios Logic, Inc., Fort Communications, London, United received by the Immigration and Collins, CO; Systems Science, Palo Alto, Kingdom; LG Information & Naturalization Service during that CA; Taveren Technology, Inc., Austin, Communications Ltd., Seoul, Korea; period. The purpose of this notice is to TX; and Viewlogic Systems, Inc., Mercury Personal Communications; allow an additional 30 days for public Rockville, MD have been dropped as Herts, United Kingdom; Nortel comments. Comments are encouraged parties to this venture. (Northern Telecom), Richardson, TX; and will be accepted until June 25, No other changes have been made in Omnitel Pronto Italia SPA, Milan, Italy; 1999. This process is conducted in either the membership or planned Orange Personal Communications, accordance with 5 CFR Part 1320.10. activity of the group research project. Bristol, United Kingdom; ORGA, Written comments and/or suggestions Membership in this group research Paderborn, Germany; Oracle regarding the item(s) contained in this project remains open, and VSI Alliance Corporation, Redwood Shores, CA; RTS notice, especially regarding the intends to file additional written Wireless, Inc., Plainview, NY: Sony estimated public burden and associated notification disclosing all changes in International, Aschheim-Dornach, response time, should be directed to the membership. Germany; Systems Engineering Office of Management and Budget, On November 29, 1996, VSI Alliance Consultants, Tokyo, Japan; Tecnomen Office of Information and Regulatory filed its original notification pursuant to OY, Espoo, Finland; Tegic Affairs, Attention: Stuart Shapiro, 202– Section 6(a) of the Act. The Department Communications, Seattle, WA; 395–7316, Department of Justice Desk of Justice published a notice in the Telefonica Moviles, Madrid, Spain; Officer, Washington, DC 20503. Federal Register pursuant to Section Telital, Segonico, Italy; Tokyo Digital Additionally, comments may be 6(b) of the Act on March 4, 1997 (62 FR Phone, Tokyo, Japan; Toshiba submitted to OMB via facsimile to 202– 9812). Corporation, Tokyo, Japan; Tu-Ka 395–7285. Comments may also be The last notification was filed with Cellular Tokyo Inc., Tokyo, Japan; and submitted to the Department of Justice the Department on October 28, 1998. A Unisys Corporation, Blue Bell, PA have (DOJ), Justice Management Division, notice has not yet been published in the been added as parties to this venture. Information Management and Security Federal Register. No other changes have been made in Staff, Attention: Department Clearance Constance K. Robinson, either the membership or planned Officer, Suite 850, 1001 G Street, NW., Director of Operations, Antitrust Division. activity of the group research project. Washington, DC 20530. Comments may also be submitted to DOJ via facsimile [FR Doc. 99–13297 Filed 5–25–99; 8:45 am] Membership in this group research to 202–514–1534. BILLING CODE 4410±11±M project remains open, and Wireless Application Protocol Forum, Ltd. Written comments and suggestions (‘‘WAP’’) intends to file additional from the public and affected agencies should address one or more of the DEPARTMENT OF JUSTICE written notification disclosing all changes in membership. following four points: Antitrust Division On March 18, 1998, Wireless (1) Evaluate whether the proposed Application Protocol Forum, Ltd. collection of information is necessary Notice Pursuant to the National (‘‘WAP’’) filed its original notification for the proper performance of the Cooperative Research and Production pursuant to Section 6(a) of the Act. The functions of the agency, including Act of 1993ÐWireless Application Department of Justice published a notice whether the information will have Protocol Forum, Ltd. (``WAP'') in the Federal Register pursuant to practical utility; (2) Evaluate the accuracy of the Section 6(b) of the Act on December 31, Notice is hereby given that, on agency’s estimate of the burden of the January 29, 1999, pursuant to Section 1998 (63 FR 72333). The last notification was filed with proposed collection of information, 6(a) of the National Cooperative including the validity of the Research and Production Act of 1993, the Department on September 17, 1998. A notice has not yet been published in methodology and assumptions used; 15 U.S.C. 4301 et seq. (‘‘the Act’’), (3) Enhance the quality, utility, and the Federal Register. Wireless Application Protocol Forum, clarity of the information to be Ltd. (‘‘WAP’’) has filed written Constance K. Robinson, collected; and notifications simultaneously with the Director of Operations, Antitrust Division. (4) Minimize the burden of the Attorney General and the Federal Trade [FR Doc. 99–13293 Filed 5–25–99; 8:45 am] collection of information on those who Commission disclosing changes in its BILLING CODE 4410±11±M are to respond, including through the

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28524 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices use of appropriate automated, DEPARTMENT OF JUSTICE electronic, mechanical, or other electronic, mechanical, or other technological collection techniques or technological collection techniques or Immigration and Naturalization Service other form of information technology, other forms of information technology, e.g., permitting electronic submission of e.g., permitting electronic submission of Agency Information Collection responses. responses. Activities Overview of This Information Overview of This Information ACTION: Notice of Information Collection Collection Collection Under Review; Arrival/Departure Record. (1) Type of Information Collection: (1) Type of Collection: Reinstatment Reinstatement without change of The Office of Management and Budget without change of previously approved previously approved information (OMB) approval is being sought for the information collection. collection. information collection listed below. (2) Title of the Form/Collection: This proposed information collection (2) Title of the Form/Collection: Application to Extend/Change was previously published in the Federal Arrival/Departure Record. Nonimmigrant Status. Register on December 31, 1998 at 63 FR (3) Agency form number, if any, and (3) Agency form number, if any, and 72333, allowing for a 60-day public the applicable component of the the applicable component of the comment period. No comments were Department of Justice sponsoring the Department of Justice sponsoring the received by the Immigration and collection: Forms I–94. Office of collection: Form I–539. Adjudications Naturalization Service. The purpose of Inspections, Immigration and Division, Immigration and this notice is to allow an additional 30 Naturalization Service. Naturalization Service. days for public comments. Comments (4) Affected public who will be asked are encouraged and will be accepted (4) Affected public who will be asked or required to respond, as well as a brief until June 25, 1999. This process is or required to respond, as well as a brief abstract: Primary: Individuals or conducted in accordance with 5 CFR abstract: Primary: Individuals or Households. Documentation of alien Part 1320.10. arrival and departure to and from the Households. This form is used by Written comments and/or suggestions nonimmigrants to apply for extension of United States is a part of the manifest regarding the item(s) contained in this requirements of Section 231 and 235 of stay or change of nonimmigrant status. notice, especially regarding the The INS will use the data on this form the Immigration and Nationality Act estimated public burden and associated (INA) and may be evidence of to determine eligibility for the requested response time, should be directed to the benefit. registration when issued as provided by Office of Management and Budget, Section 264 of the INA. (5) An estimate of the total number of Office of Information and Regulatory (5) An estimate of the total number of respondents and the amount of time Affairs, Attention: Stuart Shapiro, 202– respondents and the amount of time estimated for an average respondent to 395–7316, Department of Justice Desk estimated for an average respondent to respond: 256,210 responses at 45 Officer, Washington, DC 20503. respond: 13,924,380 responses at 4 minutes (.75) per response. Additionally, comments may be minutes (.066 hours) per response. submitted to OMB via facsimile to 202– (6) An estimate of the total public (6) An estimate of the total public burden (in hours) associated with the 395–7285. Comments may also be submitted to the Department of Justice burden (in hours) associated with the collection: 192,158 annual burden collection: 919,009 annual burden hours. (DOJ), Justice Management Division, Information Management and Security hours. If you have additional comments, Staff, Attention: Department Clearance If you have additional comments, suggestions, or need a copy of the Officer, Suite 850, 1001 G Street, NW., suggestions, or need a copy of the proposed information collection Washington, DC 20530. Comments may proposed information collection instrument with instructions, or also be submitted to DOJ via facsimile instrument with instructions, or additional information, please contact to 202–514–1534. additional information, please contact Mr. Richard A. Sloan, 202–154–3291, Written comments and suggestions Mr. Richard A. Sloan, 202–514–3291, Director, Policy Directives and from the public and affected agencies Director, Policy Directives and Instructions Branch, Immigration and should address one or more of the Instructions Branch, Immigration and Naturalization Service, U.S. Department following four points: Naturalization Service, U.S. Department of Justice, Room 5307, 425 I Street, NW., (1) Evaluate whether the proposed of Justice, Room 5307, 425 I Street, NW., Washington, DC 20536. collection of information is necessary Washington, DC 20536. If additional information is required for the proper performance of the If additional information is required contact: Mr. Robert B. Briggs, Clearance functions of the agency, including contact: Mr. Robert B. Briggs, Clearance Officer, United States Department of whether the information will have Officer, United States Department of Justice, Information Management and practical utility; Justice, Information Management and Security Staff, Justice Management (2) Evaluate the accuracy of the Security Staff, Justice Management Division, Suite 850, Washington Center, agency’s estimate of the burden of the Division, Suite 850, Washington Center, 1001 G Street, NW, Washington, DC proposed collection of information, 1001 G Street, NW., Washington, DC 20530. including the validity of the 20530. methodology and assumptions used; Dated: May 20, 1999. (3) Enhance the quality, utility, and Dated: May 20, 1999. Richard A. Sloan, clarity of the information to be Richard A. Sloan, Department Clearance Officer, United States collected; and Department Clearance Officer, United States Department of Justice, Immigration and (4) Minimize the burden of the Department of Justice, Immigration and Naturalization Service. collection of information on those who Naturalization Service. [FR Doc. 99–13344 Filed 5–25–99; 8:45 am] are to respond, including through the [FR Doc 99–13345 Filed 5–25–99; 8:45 am] BILLING CODE 4410±10±M use of appropriate automated, BILLING CODE 4410±10±M

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DEPARTMENT OF JUSTICE examining grantee planning and Authority implementation efforts; (5) evaluating This action is authorized under the National Institute of Justice the adequacy of and need for special Omnibus Crime Control and Safe Streets [OJP (NIJ)±1231] conditions imposed on grantees in order Act of 1968, §§ 201–03, as amended, 42 to preserve victim safety and U.S.C. 3721–23 (1994). RIN 1121±ZB64 confidentiality, while simultaneously enhancing the professional services Background Announcement of the Availability of offered by grantees; and (6) developing the National Institute of Justice The National Institute of Justice (NIJ) a strategy for documenting long-term Solicitation for Evaluation of the requests proposals to conduct research effects. Domestic Violence Victims' Civil Legal and evaluation concerning the private One research project will be funded Assistance Program operation of the Taft Correctional for up to $200,000 for up to 24 months. Institution. In particular, this study AGENCY: National Institute of Justice, Additional funds may be made available must address two primary topics of Office of Justice Programs, Justice. for this evaluation in subsequent years. interest, cost and performance. It is ACTION: Notice of solicitation. Interested organizations should call therefore expected that the successful the National Criminal Justice Reference applicant will be strong in both cost SUMMARY: Announcement of the Service (NCJRS) at 1–800–851–3420, to comparison and program evaluation, availability of the National Institute of obtain a copy of ‘‘Evaluation of the which may suggest collaboration Justice ‘‘Evaluation of the Domestic Domestic Violence Victims’ Civil Legal between researchers with Violence Victims’ Civil Legal Assistance Assistance Program’’ (refer to document complementary expertise in these areas. Program.’’ no. SL000355). For World Wide Web Of special interest is the development DATES: Due date for receipt of proposals access, connect to either NIJ at http:// and testing of models explicating is close of business June 28, 1999. www.ojp.usdoj.gov/nij/funding.htm, or specifically how and why—and not just ADDRESSES: National Institute of Justice, the NCJRS Justice Information Center at whether—privatization conveys 810 Seventh Street, NW, Washington, http://www.ncjrs.org/fedgrant.htm#nij. advantages. DC 20531. Edwin Zedlewski, NIJ will convene an expert panel that FOR FURTHER INFORMATION CONTACT: For Acting Director, National Institute of Justice. will provide the research team selected a copy of the solicitation, please call [FR Doc. 99–13312 Filed 5–25–99; 8:45 am] with assessments of their proposed NCJRS 1–800–851–3420. For general BILLING CODE 4410±18±P methodologies and analysis plans as information about application well as their interim and final products. procedures for solicitations, please call In addition, this research will be the U.S. Department of Justice Response DEPARTMENT OF JUSTICE conducted in consultation with BOP Center 1–800–421–6770. and the private prison contractor. SUPPLEMENTARY INFORMATION: National Institute of Justice Specific details of this consultation will be determined at a later date. Authority [OJP (NIJ)±1230] NIJ will award one cooperative This action is authorized under the agreement for up to $675,000 with a period of performance of up to 40 Omnibus Crime Control and Safe Streets RIN 1121±ZB63 Act of 1968, §§ 201–03, as amended, 42 months. U.S.C. 3721–23 (1994). Announcement of the Availability of Interested organizations should call the National Institute of Justice the National Criminal Justice Reference Background Solicitation for Examination of Service (NCJRS) at 1–800–851–3420 to The National Institute of Justice (NIJ), Privatization in the Federal Bureau of obtain a copy of ‘‘Examination of in collaboration with the Office of Prisons Privatization in the Federal Bureau of Justice Programs’ Violence Against Prisons’’ (refer to document no. Women Office (VAWO), is soliciting AGENCY: National Institute of Justice, SL000354). For World Wide Web access, proposals for a national evaluation of Office of Justice Programs, Justice. connect to either NIJ at http:// the Civil Legal Assistance Program. This ACTION: Notice of solicitation. www.ojp.usdoj.gov/nij/funding.htm, or solicitation is aimed at research to the NCJRS Justice Information Center at evaluate the effectiveness of the SUMMARY: Announcement of the http://www.ncjrs.org/fedgrant.htm#nij. programs funded under the Civil Legal availability of the National Institute of Edwin Zedlewski, Assistance Program. The purpose of the Justice ‘‘Examination of Privatization in Acting Director, National Institute of Justice. Domestic Violence Victims’ Civil Legal the Federal Bureau of Prisons.’’ [FR Doc. 99–13311 Filed 5–25–99; 8:45 am] Assistance Discretionary Grant Program DATES: Due date for receipt of proposals BILLING CODE 4410±18±P is to strengthen direct civil legal is close of business 5:00 p.m. EST on assistance available to domestic July 13, 1999. violence victims. ADDRESSES: National Institute of Justice, DEPARTMENT OF LABOR The purpose of a national evaluation 810 Seventh Street, NW, Washington, is to provide feedback by (1) DC 20531. Employment and Training documenting the range of activities and Administration programs supported by the FY98 and FOR FURTHER INFORMATION CONTACT: For FY99 grants; (2) documenting programs a copy of the solicitation, please call [TA±W±35,586] funded by other sources of assistance, NCJRS 1–800–851–3420. For general information about application Buckeye Incorporated Midland, Texas; the gaps these programs fill, who they Revised Determination on Reopening serve, and how VAWO funded programs procedures for solicitations, please call fit into the larger funding picture in a the U.S. Department of Justice Response On May 7, 1999, the Department, on jurisdiction; (3) assessing the Center 1–800–421–6770. its own motion, reopened its accomplishments of grantees; (4) SUPPLEMENTARY INFORMATION: investigation for workers and former

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28526 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices workers at the subject firm in Midland, The investigation disclosed that Signed in Washington, D.C., this 5th day of Texas. customers of Buckeye, Incorporated, May, 1999. The initial petition filed with the Midland, Texas, were major crude oil Grant D. Beale, Department on behalf of workers of producers who market their oil through Acting Director, Office of Trade Adjustment Buckeye, Incorporated was denied on the normal distribution channels. Assistance. February 9, 1999, based on the finding Workers of firms engaged in [FR Doc. 99–13410 Filed 5–25–99; 8:45 am] that the workers in Midland, Texas employment related to the production of BILLING CODE 4510±30±M provided transportation services and crude oil have been impacted by the did not produce an article in accordance high penetration of imports in this with the worker group eligibility market. U.S. imports of crude oil DEPARTMENT OF LABOR requirements of criterion (3) of Section increased absolutely and relative 222 of the Trade Act of 1974, as domestic shipments from 1996 to 1997 Employment and Training amended. The notice was published in and in January-October 1998 compared Administration the Federal Register on April 6, 1999 with the same 1997 time period. The (64 FR 16752). Investigations Regarding Certifications ratio of imports to domestic shipments of Eligibility to Apply for Worker One of the petitioners requested for crude oil is over 100% from 1997 Adjustment Assistance administration reconsideration of the through October 1998. Department’s negative determination Petitions have been filed with the applicable to workers of Buckeye, Conclusion Secretary of Labor under Section 221(a) Incorporated. The petitioner did not After careful consideration of the new of the Trade Act of 1974 (‘‘the Act’’) and present any new substantial information are identified in the Appendix to this which would bear importantly on the facts obtained on reopening, it is notice. Upon receipt of these petitions, Department’s determination, and the concluded that increased imports of the Acting Director of the Office of application was dismissed on March 16, articles like or directly competitive with Trade Adjustment Assistance, 1999. The dismissal notice was crude oil contributed importantly to the Employment and Training published in the Federal Register on decline in sales and to the total or Administration, has instituted March 30, 1999 (64 FR 15174). partial separation of workers at the investigations pursuant to Section The Department just recently received subject firm. In accordance with the 221(a) of the Act. a copy of the petitioner’s April 14, 1999 provisions of the Trade Act of 1974, I request for judicial review filed with the make the following revised The purpose of each of the U.S. Court of International Trade determinations on reopening: investigations is to determine whether (USCIT), Buckeye v. Herman, Court No. All workers of Buckeye, Incorporated, the workers are eligible to apply for 99–04–00222, regarding the Midland, Texas, who became totally or adjustment assistance under Title II, Department’s denial of eligibility for partially separated from employment on or Chapter 2, of the Act. The investigations workers of Buckeye, Incorporated, after January 8, 1998, are eligible to apply for will further relate, as appropriate, to the Midland, Texas to apply for TAA. adjustment assistance under Section 223 of determination of the date on which total New information submitted to the the Trade Act of 1974. or partial separations began or USCIT by the Buckeye petitioner, which Signed at Washington, D.C. this 18th day threatened to begin and the subdivision was not shared with the Department at of May 1999. of the firm involved. the time of the petitioners request for Grant D. Beale, The petitioners or any other persons administrative reconsideration, provides Acting Director, Office of Trade Adjustment showing a substantial interest in the a description of the work performed by Assistance. subject matter of the investigations may the drilling fluid technicians of the request a public hearing, provided such [FR Doc. 99–13416 Filed 5–25–99; 8:45 am] subject firm. Based on this new request is filed in writing with the information the Department reopened BILLING CODE 4510±30±M Acting Director, Office of Trade the investigation. Adjustment Assistance, at the address New findings on reopening show that shown below, not later than June 7, DEPARTMENT OF LABOR while the initial petition investigation 1999. found that workers of Buckeye, Employment and Training Interested persons are invited to Incorporated, Midland, Texas, were Administration submit written comments regarding the preliminary truck drivers providing subject matter of the investigations to transport services, other workers were [TA±W±35,759] the Acting Director, Office of Trade swampers (delivery assistants), as well Adjustment Assistance, at the address as drilling fluid technicians that Capco, Inc.; Coquille, OR; Termination shown below, not later than June 7, provided services for unaffiliated crude 1999. oil producers at the well sites. This new of Investigation information shows that drilling fluid The petitions filed in this case are Pursuant to Section 221 of the Trade technicians are engaged in employment available for inspection at the Office of related to the production of crude oil for Act of 1974, an investigation was the Acting Director, Office of Trade unaffiliated firms. Since the truck initiated on March 8, 1999, in response Adjustment Assistance, Employment drivers and swampers are providing to a petition filed on behalf of workers and Training Administration, U.S. support services for the drilling fluid at Capco, Inc., Coquille, Oregon. Department of Labor, 200 Constitution technicians of Buckeye, Incorporated, The company official submitting the Avenue, N.W., Washington, D.C. 20210. they can do also be considered petition has requested that the petition Signed at Washington, D.C. this 3rd day of providing support services related to the be withdrawn. Consequently, further May, 1999. production workers of the subject firm. investigation in this case would serve Grant D. Beale, Sales and employment at the subject no purpose, and the investigation has Acting Director, Office of Trade Adjustment firm declined from 1997 to 1998. been terminated. Assistance.

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APPENDIX [Petitions Instituted on 05/03/1999]

Date of peti- TA±W Subject firm (Petitioners) Location tion Product(s)

36,128 ...... F and R Fashions (UNITE) ...... Jersey City, NJ ...... 04/21/1999 Ladies' Wool Coats. 36,129 ...... D and E Wood Products (Comp) ...... Prineville, OR ...... 04/20/1999 LumberÐWholesale. 36,130 ...... Lee Textile, Inc (Comp) ...... Ewing, VA ...... 04/19/1999 T-Shirts. 36,131 ...... Thorngate, Ltd (UNITE) ...... Farmington, MO ...... 04/20/1999 Men's Dress Slacks. 36,132 ...... J.H. Boone's, Inc (Comp) ...... Gainesville, FL ...... 04/16/1999 Limited Edition Sculpture. 36,133 ...... MCM Enterprises, Inc (Wrks) ...... Crawfordsville, IN ...... 04/20/1999 Specialty Wire. 36,134 ...... Huntsman Corp (Wrks) ...... Woodbury, NJ ...... 04/16/1999 Polypropylene Nibs/Pellets. 36,135 ...... Modular Sweater, Inc (Wrks) ...... Brooklyn, NY ...... 04/20/1999 Sweaters. 36,136 ...... Lamesa Apparel (Wrks) ...... Lamesa, TX ...... 04/19/1999 Ladies' Pants, Skirts, Shorts. 36,137 ...... Latex Fashion, Inc (UNITE) ...... Jersey City, NJ ...... 04/21/1999 Ladies' Wool Coats. 36,138 ...... ABB Vetco Gray, Inc (Wrks) ...... Houston, TX ...... 04/20/1999 Oilfield Equipment. 36,139 ...... Russell Corp (Comp) ...... Lafayette, AL ...... 03/31/1999 Fleece Goods. 36,140 ...... Wellco Entrprises, Inc (Comp) ...... Waynesville, NC ...... 04/20/1999 Combat Boots. 36,141 ...... Kentucky Apprel, LLP (Comp) ...... Glasgow, KY ...... 04/12/1999 Distribution CenterÐJeans. 36,142 ...... Voyager Apparel, Inc (Comp) ...... Tallmadge, OH ...... 04/14/1999 Textile & Screen Print Sports Apparel. 36,143 ...... Glasgow & Sons (UNITE) ...... Perth Amboy, NJ ...... 04/15/1999 Children's Apparel. 36,144 ...... Liz Claiborne, Inc (UNITE) ...... North Bergen, NJ ...... 04/06/1999 Ladies' Apparel. 36,145 ...... K and B Mfg., Inc (Comp) ...... Lake Havasu Cty, AZ .. 04/22/1999 Engines for Remote Control Airplanes. 36,146 ...... Augusta Sportswear, Inc (Comp) ...... Metter, GA ...... 04/16/1999 Apparel TopsÐShirts. 36,147 ...... ITT Industries, FHS (Wrks) ...... New Lexington, OH ..... 04/19/1999 Automotive Brake and Fuel Lines. 36,148 ...... Oxford of Columbia (Wrks) ...... Columbia, SC ...... 04/15/1999 Shoulder Pads. 36,149 ...... Franco Manufacturing Co (Comp) ...... Monroe, NC ...... 04/16/1999 Fabric Printing. 36,150 ...... Louis Gallet, Inc (Wrks) ...... Uniontown, PA ...... 04/16/1999 Full Fashioned Sweaters. 36,151 ...... Adflex Solutions, Inc (Wrks) ...... Chandler, AZ ...... 04/20/1999 Drills and Lasers. 36,152 ...... Roffe Accessories (Wrks) ...... Long Island Cty, NY .... 03/30/1999 Neckties. 36,153 ...... Croman Corp (Comp) ...... Boise, ID ...... 04/16/1999 Dimension & Industrial Grade Lumber. 36,154 ...... Stanley Works (IAMAW) ...... New Britain, CT ...... 02/28/1999 Hardware. 36,155 ...... Athens Furniture Ind. (Comp) ...... Statesville, NC ...... 04/01/1999 Wood Bedroom Furniture. 36,156 ...... Leica Microsystems, Inc (Comp) ...... Depew, NY ...... 03/18/1999 Mocroscope & Related Instruments. 36,157 ...... Paramount Studios/Disney (Wrks) ...... Hollywood, CA ...... 04/13/1999 Feature Films & TV Movies of The Week. 36,158 ...... Command Security (Wrks) ...... Hopkinsville, KY ...... 04/15/1999 Provide Security Detail. 36,159 ...... International Wire (IBT) ...... Rolling Prairie, IN ...... 04/20/1999 Appliance & Automotive Wire. 36,160 ...... Polaroid Corp (Wrks) ...... Waltham, MA ...... 01/19/1999 Instant Film Products. 36,161 ...... Lab Volt Systems, Inc (Comp) ...... Wallington, NJ ...... 04/09/1999 Education Training Systems. 36,162 ...... Otto Shirtmaker (Comp) ...... Livingston, TN ...... 04/14/1999 Dress and Sport Shirts. 36,163 ...... L.A. Roustabout, Inc (Wrks) ...... Kermit, TX ...... 04/14/1999 Oil Drilling, Exploration. 36,164 ...... Wiser Oil Co (The) (Comp) ...... Dallas, TX ...... 04/19/1999 Crude Oil. 36,165 ...... Joe T. Smith, Inc (Comp) ...... Hawley, TX ...... 04/05/1999 Oil Drilling. 36,166 ...... Weatherford International (Comp) ...... Kilgore, TX ...... 04/09/1999 Rental & Downhole Services. 36,167 ...... Retta Equipment (Wrks) ...... Odessa, TX ...... 04/14/1999 Service Work on Trucks. 36,168 ...... Dynegy Midstream Service (Comp) ...... Chico, TX ...... 03/29/1999 Natural Gas. 36,169 ...... Bernard/Hickox, Inc (Comp) ...... Coden, AL ...... 04/04/1999 Crude Oil and Natural Gas. 36,170 ...... Blue Flame, Inc (Comp) ...... Hobbs, NM ...... 04/06/1999 Oilwell Repairs.

[FR Doc. 99–13413 Filed 5–25–99; 8:45 am] which a determination has not yet been DEPARTMENT OF LABOR BILLING CODE 4510±30±M issued (TAW–36,018). Consequently, further investigation in this case would Employment and Training serve no purpose, and the investigation Administration DEPARTMENT OF LABOR has been terminated. [TA±W±35,626] Signed in Washington, D.C. this 17th day Employment and Training Valve Sales Company, Incorporated, of May, 1999. Administration Houston, Texas; Termination of Grant D. Beale, [TA±W±36,079] Investigation Acting Director, Office of Trade Adjustment H.M.C. Fashions Coat, Inc., Brooklyn, Assistance. Pursuant to Section 221 of the Trade New York; Termination of Investigation [FR Doc. 99–13414 Filed 5–25–99; 8:45 am] Act of 1974, an investigation was initiated on February 8, 1999 in Pursuant to Section 221 of the Trade BILLING CODE 4510±30±M response to a worker petition which was Act of 1974, an investigation was filed on behalf of all workers at Valve initiated on April 19, 1999, in response Sales Company, Incorporated, located in to a petition filed by UNITE, Local 89– Houston, Texas (TA–W–35,626). 22–L, on behalf of workers at H.M.C. The petitioner has requested that the Fashions Coat, Inc., Brooklyn, New petition be withdrawn. York. Consequently, further investigation in The petitioning group of workers is this case would serve no purpose, and subject to an ongoing investigation for the investigation has been terminated.

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Signed at Washington, D.C. this 13th day At the request of a State agency, the at Weatherford International, of May 1999. Department reviewed the revised Incorporated, San Marcos, Texas. Grant D. Beale, reconsideration for workers of the In a letter dated April 26, 1999, the Acting Director, Office of Trade Adjustment subject firm. The workers are engaged in petitioner requested that the petition for Assistance. the production of soft wood dimension NAFTA–TAA be withdrawn. [FR Doc. 99–13415 Filed 5–25–99; 8:45 am] lumber, plywood panel products, pine Consequently, further investigation in BILLING CODE 4510±30±M dimension stock and wood chips. The this case would serve no purpose, and company reports that in July, 1998 the investigation has been terminated. Omak Wood Products, Omak, Signed at Washington, D.C., this 11th day DEPARTMENT OF LABOR Washington was purchased by of May 1999. Washington Veneer. Grant D. Beale, Employment and Training Accordingly, the Department is Administration Acting Director, Office of Trade Adjustment amending the revised determination to Assistance. correctly identify the new title name to [NAFTA±03040] [FR Doc. 99–13409 Filed 5–25–99; 8:45 am] read ‘‘Washington Veneer’’, (formerly BILLING CODE 4510±30±M Homestake Mining Company, Sparks, known as Omak Wood Products), Omak, NV; Termination of Investigation Washington. The amended notice applicable to Pursuant to Title V of the North NAFTA–02127 is hereby issued as LIBRARY OF CONGRESS American Free Trade Agreement follows: Implementation Act (Pub. L. 103–182) All workers of Washington Veneer, Copyright Office concerning transitional adjustment (formerly known as Omak Wood Products), assistance, hereinafter called (NAFTA– Omak, Washington (NAFTA–02127) engaged [Docket No. 97±1 CARP SD 92±95] TAA), and in accordance with Section in employment related to the production of 250(a), Subchapter D, Chapter 2, Title II, plywood who become totally or partially Distribution of 1992, 1993, 1994 and of the Trade Act of 1974, as amended separated from employment on or after 1995 Satellite Royalty Funds (19 USC 2273), an investigation was December 18, 1996 through May 15, 2000 are initiated on December 16, 1998 in eligible to apply for NAFTA–TAA under AGENCY: Copyright Office, Library of response to a petition filed on behalf of Section 250 of the Trade Act of 1974; Congress. workers at Homestake Mining Company, and ACTION: Notice of termination of located in Sparks, Nevada (NAFTA– All workers of Washington Veneer, proceeding. 03040). (formerly known as Omak Wood Products), The petitioner has requested that the Omak, Washington engaged in employment SUMMARY: The Copyright Office of the petition be withdrawn. Consequently, related to the production of lumber, veneer Library of Congress is announcing the further investigation in this case would and wood ships, are denied eligibility to termination of the proceeding to serve no purpose, and the investigation apply for NAFTA–TAA Section 250 of the distribute the 1992–95 satellite carrier has been terminated, Trade Act of 1974. compulsory license royalties. Signed at Washington, DC, this 17th day of Signed at Washington, D.C. this 17th day DATES: Effective May 21, 1999. of May, 1998. May, 1999. FOR FURTHER INFORMATION CONTACT: Grant D. Beale, Grant D. Beale, William J. Roberts, Senior Attorney, or Acting Director, Office of Trade Adjustment Acting Director, Office of Trade Adjustment Tanya Sandros, Attorney Advisor, Assistance. Assistance. Copyright Arbitration Royalty Panel, [FR Doc. 99–13412 Filed 5–25–99; 8:45 am] [FR Doc. 99–13411 Filed 5–25–99; 8:45 am] P.O. Box 70977, Southwest Station, BILLING CODE 4510±30±M BILLING CODE 4510±30±M Washington, D.C. 20024. Telephone: (202) 707–8380. Telefax: (202) 252– 3423. DEPARTMENT OF LABOR DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: The Employment and Training Employment and Training Copyright Office of the Library of Administration Administration Congress has received notification from the copyright arbitration royalty panel [NAFTA±02127] [NAFTA±03112] conducting the Phase I distribution of satellite compulsory license fees in Washington Veneer (Formerly Known Weatherford International, Inc., Trico- Docket No. 97–1 CARP SD 92–95 that as Omak Wood Products) Omak, WA; Artificial Lift Systems, San Marcos, TX; all parties to the proceeding have Amended Notice of Revised Notice of Termination of Investigation reached settlement. Because no Determination on Reconsideration controversies to the distribution of these Pursuant to Title V of the North royalty funds remain, the Copyright In accordance with Section 250(a), American Free Trade Agreement Office is terminating this proceeding. Subchapter 2, Title II, of the Trade Act Implementation Act (Pub. L. 103–182) Distribution of royalties to settled of 1974, as amended (19 U.S.C. 2273), concerning transitional adjustment parties is being made under separate the Department of Labor issued a Notice assistance, hereinafter called (NAFTA– order. of Revised Determination on TAA), and in accordance with Section Reconsideration on May 15, 1998, 250(a), Subchapter D, Chapter 2, Title II, Dated: May 21, 1999. applicable to workers of Omak Wood of the Trade Act of 1974, as amended David O. Carson, Products, Omak, Washington. The (19 U.S.C. 2273), an investigation was General Counsel. notice was published in the Federal initiated on April 16, 1999 in response [FR Doc. 99–13408 Filed 5–25–99; 8:45 am] Register on June 5, 1998 (63 FR 30778). to a petition filed on behalf of workers BILLING CODE 1410±33±P

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OFFICE OF MANAGEMENT AND under covered contracts of both the defense Institute for Literacy Advisory Board BUDGET and civilian procurement agencies as (Advisory Board). This notice also specified in Section 808 of Pub. L. 105–85. describes the function of the Advisory Office of Federal Procurement Policy Questions concerning this memorandum Board. Notice of this meeting is required may be addressed to Richard C. Loeb, under section 10(a)(2) of the Federal Office of Federal Procurement Policy; Executive Secretary, Cost Accounting Standards Board, OFPP, on (202) 395–3254. Advisory Committee Act. This Determination of Executive document is intended to notify the Deidre A. Lee, Compensation Benchmark Amount general public of their opportunity to Pursuant to Section 808 of Pub. L. Administrator. attend the meeting. [FR Doc. 99–13323 Filed 5–25–99; 8:45 am] 105±85. DATE AND TIME: June 8, 1999 from 9:30 BILLING CODE 3110±01±P AGENCY: Office of Federal Procurement a.m. to 4:40 p.m. and June 9, 1999, from Policy, OMB. 9:30 a.m. to 3:30 p.m. ACTION: Notice. ADDRESSES: National Institute for NATIONAL FOUNDATION ON THE Literacy, 800 Connecticut Avenue, NW., SUMMARY: The Administrator of the ARTS AND THE HUMANITIES Suite 200, Washington, DC 20006. Office of Federal Procurement Policy National Endowment for the Arts; FOR FURTHER INFORMATION CONTACT: (OFPP) is hereby publishing the Combined Arts Panel Shelly Coles, Executive Assistant, attached memorandum to heads of National Institute for Literacy, 800 agencies concerning the determination Pursuant to Section 10(a)(2) of the Connecticut Avenue, NW., Suite 200, of the maximum ‘‘benchmark’’ Federal Advisory Committee Act (Public Washington, DC 20006. Telephone (202) compensation that will be allowable Law 92–463), as amended, notice is 632–1507. under government contracts during hereby given that a meeting of the SUPPLEMENTARY INFORMATION: The contractors’ FY 1999—$342,986. This Combined Arts Panel, Folk & Advisory Board is authorized under determination is required to be made Traditional Arts section (Creation & Section 242 of the, Adult Education and pursuant to Section 808 of Pub. L. 105– Presentation and Planning & Literacy, Title II P.L. 105–220, 85. It applies equally to both defense Stabilization categories) to the National Workforce Investment Act of 1998. The and civilian procurement agencies. Council on the Arts will be held on June Advisory Board consists of ten FOR FURTHER INFORMATION CONTACT: 22, 1999. The panel will meet from 8:30 individuals appointed by the President Richard C. Loeb, Executive Secretary, a.m. to 6:00 p.m. in Room 708 at the with the advice and consent of the Cost Accounting Standards Board, Nancy Hanks Center, 1100 Pennsylvania Senate. The Advisory board is OFPP, on (202) 395–3254. Avenue, NW, Washington, DC, 20506. established to advise and make Deidre A. Lee, This meeting is for the purpose of recommendations to the Interagency Administrator. Panel review, discussion, evaluation, Group, composed of the Secretaries of and recommendations on financial Education, Labor, and Health and April 28, 1999. assistance under the National Human Services, which administers the To the Heads of Executive Departments and Foundation on the Arts and the National Institute for Literacy (NIFL). Agencies Humanities Act of 1965, as amended, The Interagency Group considers the Subject: Determination of Executive including information given in Advisory Board’s recommendations in Compensation Benchmark Amount confidence to the agency. In accordance planning the goals of the NIFL and in Pursuant to Section 808 of Pub. L. 105– with the determination of the Chairman the implementation of any programs to 85 of May 12, 1999, these sessions will be achieve the goals of the NIFL. This memorandum sets forth the closed to the public pursuant to specifically, the Advisory Board ‘‘benchmark compensation amount’’ as subsection(c)(4), (6) and (9)(B) of section performs the following functions (a) required by Section 39 of the Office of 552b of Title 5, United States Code. makes recommendations concerning the Federal Procurement Policy (OFPP) Act (41 Further information with reference to appointment of the Director and the U.S.C. 435), as amended. Under Section 39, the ‘‘benchmark compensation amount’’ is this meeting can be obtain from Ms. staff of the NIFL; (b) provides ‘‘the median amount of the compensation Kathy Plowitz-Worden, Panel independent advice on operation of the provided for all senior executives of all Coordinator, National Endowment for NIFL; and (c) receives reports from the benchmark corporations for the most recent the Arts, Washington, DC 20506, or call Interagency Group and NIFL’s Director. year for which data is available.’’ The (202) 682–5691. In addition, the NIFL consults with the ‘‘benchmark compensation amount’’ Dated: May 19, 1999. Advisory Board on the award of established as directed by Section 39 limits Kathy Plowitz-Worden, fellowships. The Advisory Board the allowability of compensation costs under meeting will be held in Washington, DC Panel Coordinator, National Endowment for government contracts. The ‘‘benchmark on June 8, 1999 from 9:30 a.m. to 4:30 compensation amount’’ does not limit the the Arts. p.m. and June 9, 1999 from 9:30 a.m. to compensation that an executive may [FR Doc. 99–13304 Filed 5–25–99; 8:45 am] 3:30 p.m. The meeting of the NIFL otherwise receive. BILLING CODE 7537±01±M Based on a review of commercially Advisory board is open to the public. available surveys of executive compensation This meeting of the Advisory Board will and after consultation with the Director of focus on the following agenda items: the Defense Contract Audit Agency, I have NATIONAL INSTITUTE FOR LITERACY administrative Advisory Board business; determined pursuant to the requirements of Meeting NIFL proposed 3-year plan; and NIFL’s Section 39 that the benchmark compensation policies/legislation and major projects. amount for contractor fiscal year 1999 is AGENCY: National Institute for Literacy. Records are kept of all Advisory Board $342,986. This benchmark compensation amount is to be used for contractor fiscal year ACTION: Notice of meeting. proceeding and are available for public 1999, and subsequent contractor fiscal years, inspection at the National Institute for unless and until revised by OFPP. This SUMMARY: This Notice sets forth the Literacy, 800 Connecticut Avenue, NW, benchmark compensation amount applies to schedules and proposed agenda of a Suite 200, Washington, DC 20006 from contract costs incurred after January 1, 1999, forthcoming meeting of the National 8:30 a.m. to 5:00 p.m.

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Dated: May 21, 1999. hazardous waste from Antarctica to the 7. Abstract: As part of a joint industry- Andrew J. Hartman, United States. NRC initiative, the NRC plans to receive Director, National Institute for Literacy. ASA operations include procuring, information submitted voluntarily by [FR Doc. 99–13407 Filed 5–25–99; 8:45 am] transporting to Antarctica, and tracking power reactor licensees regarding BILLING CODE 6055±01±M materials containing designated selected performance attributes known pollutants that are required for USAP as performance indicators (PIs). PIs operations, and for NSF and NSF provide objective measures of the grantees. ASA is also responsible for NATIONAL SCIENCE FOUNDATION performance of licensees’ systems or fuel operations including fuel storage, programs. The NRC is revising its Conservation Act of 1978; Notice of distribution, and resupply; and record- reactor oversight process to use PI Waste Permit Application Received keeping of fuel use. ASA collects, stores, information, along with the results of and ships both hazardous and non- selected audits and inspections, as the AGENCY: National Science Foundation. hazardous waste materials and is basis for NRC conclusions regarding ACTION: Notice of permit application responsible for the final disposition of plant performance and necessary received under the Antarctic these materials once they are returned to regulatory response. PIs will be Conservation Act and request for the United States. ASA also provides transmitted electronically to reduce comments. training and technical guidance to burden on licensees and the NRC as part enhance the safety and effectiveness of of the NRC’s revised oversight process SUMMARY: Notice is hereby given that U.S. waste management practices in which is scheduled for implementation the National Science Foundation (NSF) Antarctica. beginning in January 2000. has received a waste management Nadene G. Kennedy, Submit, by July 26, 1999, comments permit application for the United States Permit Officer. that address the following questions: Antarctic Program (USAP), submitted to [FR Doc. 99–13338 Filed 5–25–99; 8:45 am] NSF pursuant to regulations issued 1. Is the proposed collection of under the Antarctic Conservation Act of BILLING CODE 7555±01±M information necessary for the NRC to 1978. properly perform its functions? Does the DATES: Interested parties are invited to information have practical utility? submit written data, comments, or NUCLEAR REGULATORY 2. Is the burden estimate accurate? views with respect to this permit COMMISSION 3. Is there a way to enhance the application on or before June 25, 1999. Agency Information Collection quality, utility, and clarity of the The permit application may be Activities: Proposed Collection; information to be collected? inspected by interested parties at the Comment Request Permit Office, address below. 4. How can the burden of the information collection be minimized, ADDRESSES: Comments should be AGENCY: U.S. Nuclear Regulatory addressed to Permit Office, Room 755, Commission (NRC). including the use of automated Office of Polar Programs, National collection techniques or other forms of ACTION: Notice of pending NRC action to information technology? Science Foundation, 4201 Wilson submit an information collection Boulevard, Arlington, Virginia, 22230. request to the Office of Management and A copy of the draft supporting FOR FURTHER INFORMATION CONTACT: Budget (OMB) and solicitation of public statement may be viewed free of charge Joyce A. Jatko or Arthur J. Brown at the comment. at the NRC Public Document Room, above address or at (703) 306–1032. 2120 L Street, NW (lower level), Washington, DC. OMB clearance SUPPLEMENTARY INFORMATION: Antarctic SUMMARY: The NRC is preparing a requests are available at the NRC World Waste Regulations in 45 CFR Part 671 submittal to OMB for the review and Wide Web site (http://www.nrc.gov/ require U.S. citizens, corporations, or approval of information collections NRC/PUBLIC/OMB/index.html). The other entities to obtain a permit for the under the provisions of the Paperwork document will be available on the NRC use or release of designated pollutants Reduction Act of 1995 (44 U.S.C. Home Page site for 60 days after the in Antarctica and for the release of any Chapter 35). signature date of this notice. waste in Antarctic. NSF has received a Information pertaining to the permit application under this regulation requirement to be submitted: Comments and questions about the for USAP activities in Antarctica. The 1. The title of the information information collection requirements permit applicant is: Antarctic Support collection: Voluntary Reporting of may be directed to the NRC Clearance Associates, 61 Inverness Drive East, Performance Indicators Officer, Brenda Jo. Shelton, U.S. Nuclear Suite 300, Englewood, CO 80112. 2. Current OMB approval number: Regulatory Commission, T–6 E6, The permit application applies to New Collection Washington, DC 20555–0001, by USAP activities conducted by all 3. How often the collection is telephone at 301–415–7233, or by supporting organizations at all USAP required: One-time collection and Internet electronic mail at facilities and operations in Antarctica. quarterly thereafter [email protected]. The proposed duration of the permit is 4. Who is required or asked to report: Dated at Rockville, Maryland, this 20th day from October 1, 1999 through Power reactor licensees of May 1999. September 30, 2004. 5. The number of annual respondents: For the Nuclear Regulatory Commission. Antarctic Support Associates (ASA) 66 reactor sites and other supporting organizations 6. The number of hours needed Brenda Jo. Shelton, provide broadbased logistical support, annually to complete the requirement or NRC Clearance Officer, Office of the Chief technical support, and transportation request: 13,860 hours (210 hours per Information Officer. services to the USAP. This includes the site), and a one-time start-up effort of [FR Doc. 99–13423 Filed 5–25–99; 8:45 am] transport of both hazardous and non- 13,200 hours BILLING CODE 7590±01±P

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NUCLEAR REGULATORY 1998, (2) Amendment No. 99 to License this new rule supersedes the old SDMP COMMISSION No. NPF–85, (3) the Commission’s Action Plan criteria, the LTR allows a related Safety Evaluation, and (4) the ‘‘grandfathering’’ period for use of these [Docket No. 50±353] Commission’s Environmental criteria (10 CFR 20.1401(b)(3)). To be PECO Energy Company; Limerick Assessment. All of these items are eligible for grandfathering, the SDP Generating Station, Unit 2; Notice of available for public inspection at the must have been submitted prior to Issuance of Amendment to Facility Commission’s Public Document Room, August 20, 1998, and apply the criteria Operating License the Gelman Building, 2120 L Street identified in the SDMP Action Plan. NW., Washington, DC, and at the local Because the proposed criteria in the The U.S. Nuclear Regulatory public document room located at the licensee’s SDP were not consistent with Commission (the Commission) has Pottstown Public Library, 500 High the SDMP Action Plan criteria, the issued Amendment No. 99 to Facility Street, Pottstown, PA. conditions of 10 CFR 20.1401(b)(3), that Operating License No. NPF–85, issued Dated at Rockville, Maryland, this 19th of would permit remediation of certain to PECO Energy Company (the licensee), May 1999. areas of the licensee’s site on a which approves installation of For the Nuclear Regulatory Commission. ‘‘grandfathered’’ basis, were not met. In replacement suction strainers for Bartholomew C. Buckley, Sr., a letter dated February 16, 1999, NRC operation of the Limerick Generating staff informed the licensee of this Station (LGS), Unit 2, located in Project Manager, Section 2, Project Directorate I, Division of Licensing Project finding and notified the licensee that Montgomery and Chester Counties, Management, Office of Nuclear Reactor the SDP and ER must be revised to Pennsylvania. The amendment is Regulation. reflect the requirements of the LTR. The effective as of the date of issuance and [FR Doc. 99–13422 Filed 5–25–99; 8:45 am] licensee was requested to submit a shall be implemented prior to restart BILLING CODE 7590±01±P schedule for submission of a revised following completion of the LGS, Unit SDP and ER in the form of a license 2, refueling outage which commenced amendment request. April 1999. NUCLEAR REGULATORY The amendment documents the NRC COMMISSION Discussion staff’s approval of the implementation of [Docket No.: 040±8778] In letters dated April 13 and 20, 1999, a plant modification to support the the licensee submitted an SDP installation of replacement suction development schedule and a request to strainers for the emergency core cooling Receipt of an Amendment Request Regarding the Schedule for amend its license to include a submittal systems at the LGS, Unit 2. date of April 16, 2000, for the revised The application for the amendment Submission of a Revised Site SDP and ER. Prior to the issuance of the complies with the standards and Decommissioning Plan and proposed amendment, NRC will have requirements of the Atomic Energy Act Environmental Report for the made findings required by the Atomic of 1954, as amended (the Act), and the Molycorp, Washington, Pennsylvania Energy Act of 1954, as amended, and Commission’s rules and regulations. Site (License No. SMB±1393) and NRC’s regulations. The Commission has made appropriate Opportunity for Hearing findings as required by the Act and the The NRC provides notice that this is The U.S. Nuclear Regulatory a proceeding on an application for a Commission’s rules and regulations in Commission (NRC) is considering 10 CFR Chapter I, which are set forth in license amendment falling within the issuance of an amendment to Source scope of Subpart L, ‘‘Informal Hearing the license amendment. Materials License No. SMB–1393, to Notice of Consideration of Issuance of Procedures for Adjudication in Molycorp, Incorporated (the licensee), Materials Licensing Proceedings,’’ of Amendment to Facility Operating to approve the schedule for submission License and Opportunity for a Hearing NRC’s rules and practice for domestic of a revised Site Decommissioning Plan licensing proceedings in 10 CFR Part 2. in connection with this action was (SDP) and Environmental Report (ER) Pursuant to § 2.1205(a), any person published in the Federal Register on for the Molycorp Washington, whose interest may be affected by this January 29, 1998 (63 FR 4496). The Pennsylvania (PA) site (License No. proceeding may file a request for a August 28, 1998, letter provided SMB–1393). clarifying information and did not hearing in accordance with § 2.1205(c). change the original proposed no Background A request for a hearing must be filed significant hazards consideration. No The licensee submitted an SDP for its within thirty (30) days of the date of request for a hearing or petition for Washington, PA site on August 14, publication of this Federal Register leave to intervene was filed following 1995. The agency’s decommissioning notice. this notice. criteria in effect at the time of the SDP In addition to meeting other The Commission has prepared an submittal were contained in NRC’s applicable requirements of 10 CFR part Environmental Assessment related to ‘‘Action Plan to Ensure Timely Cleanup 2 of the NRC’s regulations, a request for the action and has determined not to of Site Decommissioning Management a hearing filed by a person other than prepare an environmental impact Plan Sites,’’ (SDMP Action Plan) (57 FR an applicant must describe in detail: statement. Based upon the 13389; April 16, 1992). Because the 1. The interest of the requester in the environmental assessment, the cleanup levels proposed in the SDP proceeding; Commission has concluded that the exceeded the SDMP Action Plan 2. How that interest may be affected issuance of the amendment will not criteria, the NRC requested, on by the results of the proceeding, have a significant effect on the quality September 25, 1995, that Molycorp including the reasons why the requester of the human environment (64 FR submit additional information in the should be permitted a hearing, with 27014). form of an ER to supplement the SDP. particular reference to the factors set out For further details with respect to the NRC published its license termination in § 2.1205(h); action, see (1) the application for rule (LTR) in 10 CFR Part 20 Subpart E, 3. The requester’s areas of concern amendment dated October 6, 1997, as ‘‘Radiological Criteria for License about the licensing activity that is the supplemented by letter dated August 28, Termination,’’ in July of 1997. Although subject matter of the proceeding; and

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4. The circumstances establishing that Improvements for Nuclear Power specific issues (e.g., unique design the request for a hearing is timely in Reactors,’’ published on July 22, 1993 features, requirements, and operating accordance with § 2.1205(d). (58 FR 39132). The proposed practices) were discussed with the In accordance with 10 CFR 2.1205(f), amendments are in accordance with the licensee, and generic matters were each request for a hearing must also be licensee’s amendment request dated discussed with Westinghouse and other served, by delivering it personally or by June 2, 1997, as supplemented by letters OGs. mail, to: in 1998 dated January 9, June 25, This conversion is a joint effort in 1. The applicant, Molycorp August 5, August 28, September 25, concert with three other utilities: TU Incorporated, 300 Caldwell Avenue, October 16, October 23, November 25, Electric for Comanche Peak Steam Washington, Pennsylvania 15301, December 4, December 17, and Electric Station, Units 1 and 2 (Docket Attention Mr. John Daniels, and; December 30, and in 1999 dated Nos. 50–445 and 50–446); Union 2. The NRC staff, by delivery to the February 24, March 10, April 28, May Electric Company for Callaway Plant Secretary, U.S. Nuclear Regulatory 11, and May 19. (Docket No. 50–483); and Wolf Creek Commission, One White Flint North, The Need for the Proposed Action Nuclear Operating Corporation for Wolf 11555 Rockville Pike, Rockville, MD Creek Generating Station (Docket No. 20852–2738, between 7:45 am and 4:15 It has been recognized that nuclear 50–482). It was a goal of the four pm Federal workdays, or by mail, safety in all nuclear power plants would utilities to make the ITS for all the addressed to Secretary, U.S. Nuclear benefit from an improvement and plants as similar as possible. This joint Regulatory Commission, Washington, standardization of plant Technical effort includes a common methodology DC 20555–0001, Attention: Rulemakings Specifications (TS). The ‘‘NRC Interim for the licensees in marking-up the CTS and Adjudications Staff. Policy Statement on Technical and NUREG–1431 Specifications, and For further details with respect to this Specification Improvements for Nuclear the NUREG–1431 Bases, that has been action, the application for amendment Power Plants,’’ (52 FR 3788) contained accepted by the staff. proposed criteria for defining the scope request is available for inspection at the This common methodology is of TS. Later, the Commission’s ‘‘Final NRC’s Public Document Room, 2120 L discussed at the end of Enclosure 2, Policy Statement on Technical Street NW., Washington, DC 20555. ‘‘Mark-Up of Current TS’’; Enclosure 5a, Specifications Improvements for Dated at Rockville, Maryland, this 19th day ‘‘Mark-Up of NUREG–1431 Nuclear Power Reactors,’’ published on of May 1999. Specifications’’; and Enclosure 5b, July 22, 1993 (58 FR 39132), For the Nuclear Regulatory Commission. ‘‘Mark-Up of NUREG–1431 Bases,’’ for incorporated lessons learned since each of the 14 separate ITS sections that John W.N. Hickey, publication of the interim policy Chief, Decommissioning Branch, Division of statement and formed the basis for were submitted with the licensee’s Waste Management, Office of Nuclear revisions to 10 CFR 50.36, ‘‘Technical application. For each of the ITS Material Safety and Safeguards. Specifications.’’ The ‘‘Final Rule’’ (60 sections, there is also the following [FR Doc. 99–13419 Filed 5–25–99; 8:45 am] enclosures: FR 36953) codified criteria for • BILLING CODE 7590±01±P determining the content of TS. To Enclosure 1, ‘‘Cross-Reference facilitate the development of standard Tables,’’ the cross-reference table TS for nuclear power reactors, each connecting each CTS specification (i.e., NUCLEAR REGULATORY power reactor vendor owners’ group LCO, required action, or SR) to the COMMISSION (OG) and the NRC staff developed associated ITS specification, sorted by standard TS. For DCPP, the Improved both CTS and ITS specifications. [Docket Nos. 50±275 and 50±323] • Standard Technical Specifications Enclosures 3A and 3B, ‘‘Description Pacific Gas and Electric Company; (ISTS) are in NUREG–1431. This of Changes to Current TS’’ and Diablo Canyon Power Plant, Units 1 document formed part of the basis for ‘‘Conversion Comparison Table,’’ the and 2 Environmental Assessment and the DCPP Improved Technical description of the changes to the CTS Finding of No Significant Impact Specifications (ITS) conversion. The section and the comparison table NRC Committee to Review Generic showing which plants (of the four The U.S. Nuclear Regulatory Requirements (CRGR) reviewed the licensees in the joint effort) that each Commission (the Commission) is ISTS, made note of its safety merits, and change to the CTS applies to. considering the issuance of amendments • indicated its support of the conversion Enclosure 4, ‘‘No Significant to Facility Operating Licenses No. DPR– by operating plants to the ISTS. Hazards Considerations,’’ the no 80 and No. DPR–82 that were issued to significant hazards consideration Pacific Gas and Electric Company (the Description of the Proposed Change (NSHC) of 10 CFR 50.91 for the changes licensee) for operation of the Diablo The proposed changes to the CTS are to the CTS with generic NSHCs for Canyon Power Plant, Units 1 and 2 based on NUREG–1431 and on guidance administrative, more restrictive, (DCPP), located in San Luis Obispo provided by the Commission in its Final relocation, and moving-out-of-CTS County, California. Policy Statement. The objective of the changes, and individual NSHCs for less Environmental Assessment changes is to completely rewrite, restrictive changes and with the reformat, and streamline the CTS (i.e., to organization of the NSHC evaluation Identification of the Proposed Action convert the CTS to the ITS). Emphasis discussed in the beginning of the The proposed amendments will revise is placed on human factors principles to enclosure. the existing, or current, Technical improve clarity and understanding of • Enclosures 6A and 6B, ‘‘Differences Specifications (CTS) for DCPP in their the TS. The Bases section of the ITS has From NUREG–1431’’ and ‘‘Conversion entirety based on the guidance provided been significantly expanded to clarify Comparison Table,’’ the descriptions of in NUREG–1431, ‘‘Standard Technical and better explain the purpose and the differences from NUREG–1431 Specifications, Westinghouse Plants,’’ foundation of each specification. In Specifications and the comparison table Revision 1, dated April 1995, and in the addition to NUREG–1431, portions of showing which plants (of the four Commission’s ‘‘Final Policy Statement the CTS were also used as the basis for licensees in the joint effort) that each on Technical Specifications the development of the DCPP ITS. Plant- difference to the ISTS applies to.

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The common methodology includes control mechanisms, which provide There are other proposed changes to the convention that, if the words in an appropriate procedural means to control the CTS that may be included in the CTS specification are not the same as changes by the licensee. proposed amendments to convert the the words in the ITS specification, but 2. Administrative changes (i.e., the CTS to the ITS. These are beyond-scope the CTS words have the same meaning licensee’s A changes) involve the issues (BSIs) in that they are changes to or have the same requirements as the reformatting and rewording of both the CTS and the ISTS. For the words in the ITS specification, then the requirements, consistent with the style DCPP, these are the following: licensees do not have to indicate or of the ISTS in NUREG–1431, to make 1. The proposed change to ITS 3.1.7 describe a change to the CTS. In general, the TS more readily understandable to adds a new action for more than one only technical changes have been plant operators and other users. These digital rod position indicator (DRPI) per identified; however, some non-technical changes are purely editorial in nature, group inoperable. changes have also been identified when or involve the movement or reformatting 2. The proposed change to ITS the changes cannot easily be of requirements without affecting the Surveillance Requirements (SR) 3.2.1.1 determined. The portion of any technical content. Application of a and 3.2.1.1 would revise the frequency specification which is being deleted is standardized format and style will also to within 24 hours for verifying the axial struck through (i.e., the deletion is help ensure consistency is achieved heat flux hot channel factor is within annotated using the strike-out feature of among specifications in the TS. During limit after achieving equilibrium the word processing computer program this reformatting and rewording process, conditions. or crossed out by hand). Any text being no technical changes (either actual or 3. The proposed change to ITS SR added to a specification is shown by interpretational) to the TS will be made 3.6.3.7 adds a note to not require leak shading the text, placing a circle around unless they are identified and justified. rate test of containment purge valves the new text, or by writing the text in 3. Less restrictive changes and the with resilient seals when penetration by hand. The text being struck through deletion of requirements involves flow path is isolated by test-tested blank or added is shown in the marked-up portions of the CTS (i.e., the licensee’s flange. CTS and ISTS pages in Enclosures 2 LS and TR changes) which (1) provide 4. The proposed change to ITS 3.1.3 (CTS pages) and 5 (ISTS and ISTS Bases information that is descriptive in nature and 5.6.5 adds moderator temperature pages) for each ITS section attachment regarding the equipment, systems, coefficient to the Core Operating Limits to the application. Another convention actions, or surveillances, (2) provide Report. of the common methodology is that the little or no safety benefit, and (3) place 5. The proposed change to ITS 3.9.1 technical justifications for the less an unnecessary burden on the licensee. and 5.6.5 adds refueling boron restrictive changes are included in the This information is proposed to be concentration to the Core Operating NSHCs. deleted from the CTS and, in some Limits Report. The proposed changes can be grouped instances, moved to the proposed Bases, into the following four categories: 6. The proposed change adds an USAR, or procedures. The removal of relocated requirements, administrative allowance to CTS SR 6.8.4.i for the changes, less restrictive changes descriptive information to the Bases of reactor coolant pump flywheel involving deletion of requirements, and the TS, USAR, or procedures is inspection program (ITS 5.5.7) to permit more restrictive changes. These permissible because these documents an exception to the examination categories are as follows: will be controlled through a process that requirements specified in the CTS SR 1. Relocated requirements (i.e., the utilizes 10 CFR 50.59 and other NRC- (i.e., regulatory position C.4.b of NRC licensee’s LG or R changes) are items approved control mechanisms. The Regulatory Guide (RG) 1.14, Revision 1) which are in the CTS but do not meet relaxations of requirements were the that is consistent with WCAP–14535, the criteria set forth in the Final Policy result of generic NRC actions or other ‘‘Topical Report on Reactor Coolant Statement. The Final Policy Statement analyses. They will be justified on a Pump Flywheel Inspection Elimination. establishes a specific set of objective case-by-case basis for the DCPP and 7. Quarterly channel operational tests criteria for determining which described in the safety evaluation to be (COTs) would be added to CTS Table regulatory requirements and operating issued with the license amendment. 4.3–1 for the power range neutron flux- restrictions should be included in the 4. More restrictive requirements (i.e., low and intermediate range neutron TS. Relocation of requirements to the licensee’s M changes) are proposed flux. The CTS only require a COT prior documents with an established control to be implemented in some areas to to startup for these functions. A new program, controlled by the regulations impose more stringent requirements Note 19 would be added to require that or the TS, allows the TS to be reserved than are in the CTS. In some cases, these the new quarterly COT be performed only for those conditions or limitations more restrictive requirements are being within 12 hours after reducing power upon reactor operation which are imposed to be consistent with the ISTS. below P–10 for the power range and necessary to obviate the possibility of an Such changes have been made after intermediate range instrumentation (P– abnormal situation or event giving rise ensuring the previously evaluated safety 10 is the dividing point marking the to an immediate threat to the public analysis for the DCPP was not affected. applicability for these trip functions), if health and safety, thereby focusing the Also, other more restrictive technical not performed within the previous 92 scope of the TS. In general, the changes have been made to achieve days. A new Note 20 would be added proposed relocation of items from the consistency, correct discrepancies, and to state that the P–6 and P–10 interlocks CTS to the Updated Safety Analysis remove ambiguities from the TS. are verified to be in their required state Report (USAR), appropriate plant- Examples of more restrictive during all COTs on the power range specific programs, plant procedures, or requirements include: placing a neutron flux-low and intermediate range ITS Bases follows the guidance of Limiting Condition for Operation (LCO) neutron flux trip functions. NUREG–1431. Once these items have on plant equipment which is not 8. The proposed change would revise been relocated to other licensee- required by the CTS to be operable; requirements concerning overtime by controlled documents, the licensee may more restrictive requirements to restore replacing CTS 6.2.2.f with a reference to revise them under the provisions of 10 inoperable equipment; and more administrative procedures for the CFR 50.59 or other NRC-approved restrictive surveillance requirements. control of working hours.

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9. The proposed change would revise the P–9 interlock whenever the unit has Changes involving more restrictive CTS 6.2.4 to eliminate the title of Shift been in Mode 3.’’ requirements have been found to Technical Advisor. The engineering 17. The proposed change would enhance plant safety. expertise is maintained on shift, but a revise the diesel generator (DG) loading Changes involving less restrictive separate individual would not be requirements for the load rejection test requirements have been reviewed required as allowed by a Commission in CTS SR 4.8.1.1.2.b.4 to specify a individually. When requirements have Policy Statement. range of acceptable loads in kW without been shown to provide little or no safety 10. The proposed change would tripping instead of specifying only a benefit, or to place an unnecessary revise the dose rate limits in the single minimum acceptable kW load. burden on the licensee, their removal Radioactive Effluent Controls Program The CTS require that the minimum load from the TS was justified. In most cases, for releases to areas beyond the site for the load rejection test in SR relaxations previously granted to boundary to reflect 10 CFR Part 20 4.8.1.1.2.b.4 is 2484 kW and the individual plants on a plant-specific requirements. proposed range of loads is ≥ 2370 kW basis were the result of a generic action, 11. The proposed change would and ≤ 2610 kW. or of agreements reached during revise the Radioactive Effluents Controls discussions with the OG, and found to 18. The proposed change would be acceptable for the plant. Generic Program to include clarification increase the maximum allowable DG statements denoting that the provisions relaxations contained in NUREG–1431 voltage following load rejection in CTS have been reviewed by the NRC staff of CTS 4.0.2 and 4.0.3, which allow SR 4.8.1.1.2.b.4 from 4580 to 6200 volts. extensions to surveillance frequencies, and found to be acceptable. are applicable to these activities. 19. The proposed change would In summary, the proposed revisions to 12. CTS provides alternative high remove the wording ‘‘during shutdown’’ the TS were found to provide control of radiation area access control alternatives from the frequency of CTS SR plant operations such that reasonable assurance will be provided that the pursuant to 10 CFR 20.203(c)(2). The 4.8.1.1.1.b.1 for manual bus transfers, health and safety of the public will be proposed change would revise CTS 6.12 SR 4.8.1.1.2b.4 for emergency diesel adequately protected. to meet the current requirements in 10 generator (EDG) full load testing, and SR The proposed amendments will not CFR Part 20 and the guidance in NRC 4.8.1.1.2.b.8 for the EDG 24-hour load increase the probability or consequences Regulatory Guide 8.38, ‘‘Control of run testing. The change will facilitate of accidents, will not change the Access to High and Very High Radiation post maintenance testing of an EDG quantity or types of any effluent that Areas in Nuclear Power Plants’’ for such without requiring a plant shutdown. may be released offsite, and will not access controls. 20. The proposed change incorporates WCAP–13632–P–A, ‘‘Eliminate significantly increase the occupational 13. The proposed change would or public exposure. Also, these changes delete the CTS 6.9.1.7 requirement to Response Time Testing of Pressure Sensors,’’ into CTS SR 4.3.1.2 and SR do not increase the licensed power and provide documentation of all challenges allowable effluents for the plant. The to the power operated relief valves 4.3.2.2, to state that the function shall be ‘‘verified’’ rather than ‘‘demonstrated.’’ changes will not create any new or (PORVs) and safety valves on the reactor unreviewed environmental impacts that coolant system. The proposed change is This changes the Bases for ITS SR 3.3.1.16 and SR 3.3.2.10 to allow the were not considered in the Final based on Generic Letter 97–02, ‘‘Revised Environmental Statement (FES) related Contents of the Monthly Operating elimination of pressure sensor response time testing. to the operation of DCPP, dated May Report,’’ which reduced the requirement 1973 and addendum dated May 1976. for submitting such information to the Environmental Impacts of the Proposed Therefore, there are no significant NRC. GL–97–02 did not include these Action radiological impacts associated with the valves for information to be submitted. The Commission has completed its proposed amendments. 14. The proposed change would limit With regard to potential non- evaluation of the proposed conversion the CTS SRs 4.4.4.1.a and 4.4.4.2 radiological impacts, the proposed of the CTS to the ITS for DCPP, requirements to perform the 92-day amendments involve features located including the beyond-scope issues surveillance of the pressurizer PORV entirely within the restricted area for the discussed above. Changes which are block valves and the 18-month plant defined in 10 CFR Part 20. They administrative in nature have been surveillance of the pressurizer PORVs do not affect non-radiological plant found to have no effect on the technical (i.e., perform one complete cycle of each effluents and have no other content of the TS. The increased clarity valve) to only Modes 1 and 2. environmental impact. They do not and understanding these changes bring 15. The proposed change would limit increase any discharge limit for the to the TS are expected to improve the the CTS 4.4.4.2 requirement to perform plant. Therefore, there are no significant operators control of DCPP in normal and the 92-day surveillance of the non-radiological environmental impacts accident conditions. pressurizer PORV block valves in that associated with the proposed the SR would not be performed if the Relocation of requirements from the amendments. PORV block valve is closed to meet CTS to other licensee-controlled Accordingly, the Commission Action a of CTS LCO 3.4.4. Action a is documents does not change the concludes that there are no significant for a PORV being inoperable, but requirements themselves. Future environmental impacts associated with capable of being cycled. changes to these requirements may then the proposed amendments. 16. The proposed change would be made by the licensee under 10 CFR revise the frequency for performing the 50.59 and other NRC-approved control Alternatives to the Proposed Action trip actuating device operational test mechanisms which will ensure Since the Commission has concluded (TADOT) in CTS Table 4.3–1 for the continued maintenance of adequate there is no significant environmental turbine trip (functional units 17.a and requirements. All such relocations have impact associated with the proposed 17.b) to be consistent with the modes for been found consistent with the amendments, any alternatives with which the surveillance is required. This guidelines of NUREG–1431, the equal or greater environmental impact would be adding a footnote to the Commission’s Final Policy Statement, need not be evaluated. The principal TADOT that states ‘‘Prior to exceeding and 10 CFR 50.36, as amended. alternative to the proposed amendments

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The NRC Committee to The environmental impacts of the Assessment and Finding of No Review Generic Requirements (CRGR) proposed action and the alternative Significant Impact reviewed the ISTS, made note of its action are similar. safety merits, and indicated its support The U.S. Nuclear Regulatory of the conversion by operating plants to Alternative Use of Resources Commission (the Commission) is the ISTS. considering the issuance of an This action does not involve the use amendment to Facility Operating Description of the Proposed Change of any resources not previously License No. NPF–30 that was issued to The proposed changes to the CTS are considered in the FES for DCPP. Union Electric Company (the licensee) based on NUREG–1431 and on guidance Agencies and Persons Consulted for operation of the Callaway Plant, Unit provided by the Commission in its Final 1 located in Callaway County, Missouri. Policy Statement. The objective of the In accordance with its stated policy, Environmental Assessment changes is to completely rewrite, on April 2, 1999, the staff consulted reformat, and streamline the CTS (i.e., to with the California State official, Mr. Identification of the Proposed Action convert the CTS to the ITS). Emphasis Steve Hsu of the Radiologic Health The proposed amendment will revise is placed on human factors principles to Branch of the State Department of the Current Technical Specifications improve clarity and understanding of Health Services, regarding the (CTS) for Callaway Plant, Unit 1 in their the TS. The Bases section of the ITS has environmental impact of the proposed entirety based on the guidance provided been significantly expanded to clarify amendments. The State official had no in NUREG–1431, ‘‘Standard Technical and better explain the purpose and comments. Specifications, Westinghouse Plants,’’ foundation of each specification. In addition to NUREG–1431, portions of Finding of No Significant Impact Revision 1, dated April 1995, and in the Commission’s ‘‘Final Policy Statement the CTS were also used as the basis for Based upon the environmental on Technical Specifications the development of the Callaway Plant, Unit 1 ITS. Plant-specific issues (e.g., assessment, the Commission concludes Improvements for Nuclear Power unique design features, requirements, that the proposed amendments will not Reactors,’’ published on July 22, 1993 and operating practices) were discussed have a significant effect on the quality (58 FR 39132). The proposed action is with the licensee, and generic matters of the human environment. in accordance with the licensee’s with Westinghouse and other OGs. Accordingly, the Commission has amendment request dated May 15, 1997, This conversion is a joint effort in determined not to prepare an as supplemented by (1) the letters in concert with three other utilities: Pacific environmental impact statement for the 1998 dated June 26, August 4, August Gas & Electric Company for Diablo proposed action. 27, September 24, October 21 (two letters), November 23, November 25, Canyon Power Plant, Units 1 and 2 For further details with respect to the December 11, and December 22, and (2) (Docket Nos. 50–275 and 50–323); TU proposed action, see the licensee’s the letters in 1999 dated February 5, Electric for Comanche Peak Steam application dated June 2, 1997, as March 9, April 7, April 21 and April 30. Electric Station, Units 1 and 2 (Docket supplemented by letters in 1998 dated Nos. 50–445 and 50–446); and Wolf January 9, June 25, August 5, August 28, The Need for the Proposed Action Creek Nuclear Operating Corporation for September 25, October 16, October 23, It has been recognized that nuclear Wolf Creek Generating Station (Docket November 25, December 4, December safety in all nuclear power plants would No. 50–482). It was a goal of the four 17, and December 30, and in 1999 dated benefit from an improvement and utilities to make the ITS for all the February 24, March 10, April 28, May standardization of plant Technical plants as similar as possible. This joint 11, and May 19, which are available for Specifications (TS). The NRC’s ‘‘Interim effort includes a common methodology public inspection at the Commission’s Policy Statement on Technical for the licensees in marking-up the CTS Public Document Room, The Gelman Specification Improvements for Nuclear and NUREG–1431 specifications, and Building, 2120 L Street, NW., Power Plants’’ (52 FR 3788), contained the NUREG–1431 Bases, that has been Washington, DC, and at the local public proposed criteria for defining the scope accepted by the staff. document room located at the California of TS. Later, the NRC’s ‘‘Final Policy This common methodology is Polytechnic State University, Robert E. Statement on Technical Specifications discussed at the end of Enclosure 2, Kennedy Library, Government Improvements for Nuclear Power ‘‘Mark-Up of Current TS;’’ Enclosure 5a, Documents and Maps Department, San Reactors,’’ published on July 22, 1993 ‘‘Mark-Up of NUREG–1431 Luis Obispo, California 93407. (58 FR 39132), incorporated lessons Specifications;’’ and Enclosure 5b, learned since publication of the interim ‘‘Mark-Up of NUREG–1431 Bases,’’ for Dated at Rockville, Maryland, this 20th day each of the 14 separate ITS sections that of May 1999. policy statement and formed the basis for revisions to 10 CFR 50.36, were submitted with the licensee’s For the Nuclear Regulatory Commission. ‘‘Technical Specifications.’’ The ‘‘Final application. Each of the 14 ITS sections Steven D. Bloom, Rule’’ (60 FR 36953) codified criteria for also includes the following enclosures: Project Manager, Section 2, Project determining the content of TS. To • Enclosure 1, ‘‘Cross-Reference Directorate IV & Decommissioning, Division facilitate the development of standard Table,’’ provides the cross-reference of Licensing Project Management, Office of TS for nuclear power reactors, each table connecting each CTS specification Nuclear Reactor Regulation. power reactor vendor owners’ group (i.e., limiting condition for operation, [FR Doc. 99–13420 Filed 5–25–99; 8:45 am] (OG) and the NRC staff developed required action, or surveillance BILLING CODE 7590±01±P standard TS. For Callaway Plant, Unit 1, requirement) to the associated ITS

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28536 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices specification, sorted by both CTS and meet the criteria set forth in the Final analyses. They will be justified on a ITS specifications. Policy Statement. The Final Policy case-by-case basis for the Callaway • Enclosures 3A and 3B, ‘‘Description Statement establishes a specific set of Plant, Unit 1 and described in the safety of Changes to Current TS’’ and objective criteria for determining which evaluation to be issued with the license ‘‘Conversion Comparison Table,’’ regulatory requirements and operating amendment. provides the description of the changes restrictions should be included in the 4. More restrictive requirements (i.e., to the CTS section and the comparison TS. Relocation of requirements to the licensee’s ‘‘M’’ changes) are table showing which plants (of the four documents with an established control proposed to be implemented in some licensees in the joint effort) that each program, controlled by the regulations areas to impose more stringent change applies. or the TS, allows the TS to be reserved requirements than are in the CTS. In • Enclosure 4, ‘‘No Significant only for those conditions or limitations some cases, these more restrictive Hazards Considerations,’’ provides the upon reactor operation which are requirements are being imposed to be no significant hazards consideration necessary to obviate the possibility of an consistent with the ISTS. Such changes (NSHC) of 10 CFR 50.91 for the changes abnormal situation or event giving rise have been made after ensuring the to the CTS. A description of the NSHC to an immediate threat to the public previously evaluated safety analysis for organization is provided, followed by health and safety, thereby focusing the the Callaway Plant, Unit 1 was not generic NSHCs for administrative, more scope of the TS. In general, the affected. Also, other more restrictive restrictive, relocation, and moving-out- proposed relocation of items from the technical changes have been made to of-CTS changes, and individual NSHCs CTS to the Final Safety Analysis Report achieve consistency, correct for less restrictive changes. (FSAR), appropriate plant-specific discrepancies, and remove ambiguities • Enclosures 6A and 6B, ‘‘Differences programs, station procedures, or ITS from the TS. Examples of more From NUREG–1431’’ and ‘‘Conversion Bases follows the guidance of NUREG– restrictive requirements include: placing Comparison Table,’’ provides the 1431. Once these items have been a Limiting Condition for Operation descriptions of the differences from relocated to other licensee-controlled (LCO) on station equipment, which is NUREG–1431 specifications and the documents, the licensee may revise not required by the CTS to be operable; comparison table showing which plants them under the provisions of 10 CFR more restrictive requirements to restore (of the four licensees in the joint effort) 50.59 or other NRC-approved control inoperable equipment; and more that each difference applies. mechanisms, which provide appropriate restrictive surveillance requirements. procedural means to control changes by There are twenty-four other proposed The common methodology includes the the licensee. changes to the CTS that are included in convention that, if the words in a CTS 2. Administrative changes (i.e., the the proposed amendment to convert the specification are not the same as the licensee’s ‘‘A’’ changes) involve the CTS to the ITS. These are beyond scope words in the ITS specification, but the reformatting and rewording of issues (BSIs) in that they are changes to CTS words have the same meaning or requirements, consistent with the style both the CTS and the ISTS. For the have the same requirements as the of the ISTS in NUREG–1431, to make Callaway Plant, Unit 1, these are the words in the ITS specification, then the the TS more readily understandable to following: licensees do not have to indicate or station operators and other users. These 1. Change 2–06–M (CTS Section describe a change to the CTS. In general, changes are purely editorial in nature, 3/4.2). The proposed change to CTS only technical changes have been or involve the movement or reformatting Surveillance Requirement (SR) 4.2.2.2.d identified; however, some non-technical of requirements without affecting the would add a frequency of once within changes have also been identified. The technical content. Application of a 24 hours for verifying the axial heat flux portion of any specification which is standardized format and style will also hot channel factor is within limits after being deleted is struck through (i.e., the help ensure consistency is achieved achieving equilibrium conditions. deletion is annotated using the strike- among specifications in the TS. During 2. Change 1–54–LS–37 (CTS Section out feature of the word processing this reformatting and rewording process, 3/4.3). The proposed change would computer program or crossed out by no technical changes (either actual or revise Action 5.b of CTS Table 3.3–1 to hand). Any text being added to a interpretational) to the TS will be made increase the verification interval for specification is shown by shading the unless they are identified and justified. unborated water source isolation valve text, placing a circle around the new 3. Less restrictive changes and the position from 14 days to 31 days. text, or by writing the text in by hand. deletion of requirements involves 3. Change 1–15–M (CTS Section The text being struck through or added portions of the CTS (i.e., the licensee’s 3/4.4). The proposed change would is shown in the marked-up CTS and ‘‘LS’’ and ‘‘TR’’ changes) which (1) revise steam generator (SG) level ISTS pages in Enclosures 2 (CTS pages) provide information that is descriptive requirements from 10% wide range to and 5 (ISTS and ISTS Bases pages) for in nature regarding the equipment, 4% narrow range in CTS SRs 4.4.1.2.2 each ITS section attachment to the systems, actions, or surveillances, (2) and 4.4.1.3.2 for Modes 3 and 4, and application. Another convention of the provide little or no safety benefit, and from 10% wide range to 66% wide common methodology is that the (3) place an unnecessary burden on the range for Mode 5, to ensure SG tubes are technical justifications for the less licensee. This information is proposed covered and provide an adequate heat restrictive changes are in the NSHCs. to be deleted from the CTS and, in some sink. The proposed changes can be grouped instances, moved to the proposed Bases, 4. Change 9–17–LS–24 (CTS Section into the following four categories: FSAR, or procedures. The removal of 3/4.4). The proposed change would relocated requirements, administrative descriptive information to the Bases of revise the applicability note to CTS changes, less restrictive changes the TS, FSAR, or procedures is Limiting Condition for Operation (LCO) involving deletion of requirements, and permissible because these documents 3.4.9.3 to allow a longer time, up to one more restrictive changes. These will be controlled through a process that hour, for both centrifugal charging categories are as follows: utilizes 10 CFR 50.59 and other NRC- pumps to be capable of injecting into 1. Relocated requirements (i.e., the approved control mechanisms. The the reactor coolant system. licensee’s ‘‘LG’’ or ‘‘R’’ changes) are relaxation of requirements were the 5. Change 11–03–M (CTS Section items which are in the CTS but do not result of generic NRC actions or other 3/4.9). The proposed change would

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28537 revise the reference for the spent fuel channel be placed in the tripped radiological effluents controls program pool level from that above top of fuel condition within 6 hours. The option to to reflect 10 CFR Part 20 requirements. stored in racks to that above the top of place the associated environmental 19. Change 2–22–A (CTS Section 6.0). racks in CTS LCO 3.9.11. allowance monitor (EAM) channels in The proposed change would revise the 6. Change 3–15–M (CTS Section 6.0). trip would be deleted. radiological effluents controls program The proposed change would add the 12. Change 4–09–LS–36 (CTS Section in CTS 6.8.3.e to add clarifying refueling boron concentration to the 3/4.4). The proposed change would statements denoting that the provisions Core Operating Limits Report in CTS limit the CTS SR 4.4.4.2 requirement to of CTS 4.0.2 and 4.0.3, which allow 6.9.1.9. perform the 92-day surveillance of the extensions to surveillance frequencies, 7. Change 3–11–A (CTS Section 6.0). pressurizer power operated relief are also applicable to these program The proposed changes would revise (PORV) block valves so that it is not activities. limits for high radiation areas in CTS required to be performed if the block 20. Change 3–18–LS–5 (CTS Section 6.12.1 to reflect the requirements of valve is closed to meet CTS LCO 3.4.4 6.0). The CTS 6.9.1.8 requirement to revised 10 CFR Part 20. Action a. A note is also proposed to be provide documentation of all challenges 8. Change 1–34–LS–2 (CTS Section added to action d to state that the to the power operated relief valves 1.0). The proposed change would add Action does not apply if the block valve (PORVs) and safety valves on the reactor notes to CTS Table 1.2 to identify the is inoperable solely to satisfy CTS LCO coolant system would be deleted. This number of reactor vessel head closure 3.4.4 Action b or c. would be based on NRC Generic Letter bolts required to be fully tensioned for 13. Change 10–20–LS–39 (CTS (GL) 97–02, ‘‘Revised Contents in the Modes 4 and 5. A Note is also proposed Section 3/4.7). The proposed change Monthly Operating Report,’’ which to address Mode 6 bolt requirements. would add an action to CTS LCO 3.7.6 9. Change 1–7–LS–3 (CTS Section reduced the requirements for submitting for ventilation system pressure envelope such information to the NRC. The GL 3/4.3). The proposed change to CTS degradation that allows 24 hours to Table 3.3–1 would (1) extend the did not include these valves for restore the control room pressure information to be submitted. completion time for CTS Action 3.b envelope through repairs before 21. Change 9–14–M (CTS Section 3/ from no time specified to 24 hours for requiring the unit to perform an orderly 4.4). The proposed change would add a channel restoration or changing the shutdown. The new action has a longer new surveillance requirement to CTS power level to either below P–6 or allowed outage time than LCO 3.0.4 LCO 3.4.9.3 on overpressure protection above P–10, (2) change the applicable which the CTS would require to be systems to verify each accumulator is modes and delete CTS Action 3.a entered immediately. The change would isolated when the accumulator pressure because it is now outside the revised recognize that the ventilation trains is greater than or equal to the maximum intermediate range neutron flux channel associated with the pressure envelope reactor coolant system (RCS) pressure applicability, and (3) add a less would still be operable. restrictive new action that requires 14. Change 2–25–LS–23 (CTS Section for the existing RCS cold leg immediate suspension of operations 3/4.8). The proposed change would temperature allowed by the pressure/ involving positive reactivity additions allow substitution of a modified temperature limit curves provided in and a power reduction below P–6 performance discharge test for the the Pressure Temperature Limit Report. within two hours, but no longer requires battery service test in CTS SR 4.8.2.1.e. 22. Change 14–09–M (CTS Section 3/ a reduction to Mode 3. 15. Change 1–09–A (CTS Section 6.0). 4.7). The proposed change would add a 10. Change 1–22–M (CTS Section The proposed change would replace new LCO, with actions and surveillance 3/4.3). The proposed change would add CTS 6.2.2.e requirements concerning requirements from the ITS, to the CTS quarterly channel operational tests overtime with a reference to for the allowable fuel storage boron (COTs) to CTS Table 4.3–1 for the power administrative procedures for the concentration. The new specification range neutron flux-low, intermediate control of working hours. would be based on ITS 3.7.17 with the range neutron flux, and source range 16. Change 1–15–A (CTS Section 6.0). proposed minimum acceptable boron neutron flux trip functions. The CTS The proposed change would revise CTS concentration for the spent fuel storage only require a COT prior to startup for 6.2.2.g to eliminate the title of Shift pool being 2165 ppm boron. these functions. New Note 19 (which is Technical Advisor (STA). The 23. Change 1–15–A (CTS Section 3/ from the STS) would be added to engineering expertise would be 4.3). The proposed change would require that the new quarterly COT be maintained on shift, but not as a modify the applicability of the reactor performed within 12 hours after separate individual, as allowed by the trip on turbine trip function in CTS reducing power below P–10 for the Commission’s Policy Statement on Table 3.3–1 by adding a new footnote (c) power range and intermediate range engineering expertise. stating that this function would only be (P–10 is the dividing point marking the 17. Change 2–17–LS–1 (CTS Section required to be operable above the P–9 applicability for these trip functions), if 6.0). The proposed change would add interlock. This is proposed since this not performed in the previous 92 days. an allowance to the CTS for the reactor function is blocked below the P–9 New Note 20 (which is from the STS), coolant pump flywheel inspection interlock. The applicability change would be added to state that the P–6 program to permit an exception to the would also be reflected in the revised and P–10 interlocks are verified to be in examination requirements specified in trip actuating device operational test their required state during all COTs on CTS SR 6.8.5.b (Regulatory position (TADOT) requirements for functional the power range neutron flux-low and C.b.4 of NRC Regulatory Guide 1.14, unit #16 in CTS Table 4.3–2. intermediate range neutron flux trip ‘‘Reactor Coolant Pump Flywheel 24. Change 1–30–M (CTS Section 3/ functions. Integrity,’’ Revision 1.) The exception 4.3). The proposed change would add a 11. Change 1–46–M (CTS Section would allow either an ultrasonic new LCO with actions and SR from the 3/4.3). The proposed change would volumetric or surface examination as an ITS for the boron dilution mitigation revise CTS Table 3.3–1 Action 13 and acceptable inspection method. system. Additional restrictions not in CTS Table 3.3–3 Action 36 to require an 18. Change 2–18–A (CTS Section 6.0). the CTS would be added to address the inoperable SG low-low level (normal The proposed change would revise the requirement that one RCS loop shall be containment environment) instrument CTS 6.8.4.e.7 dose rate limits in the in operation for Modes 2 (below P–6), 3,

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4 and 5. This is not included in the CTS Final Environmental Statement related April 7, April 21 and April 30 which are or ITS 3.3.9. to the operation of Callaway Plant, Unit available for public inspection at the 1, NUREG–0813, dated January 1982. Commission’s Public Document Room, Environmental Impacts of the Proposed Therefore, there are no significant The Gelman Building, 2120 L Street, Action radiological impacts associated with the NW., Washington, DC, and at the local The Commission has completed its proposed action. public document room located at the evaluation of the proposed conversion With regard to potential non- University of Missouri-Columbia, Elmer of the CTS to the ITS for Callaway Plant, radiological impacts, the proposed Ellis Library, Columbia Missouri, Unit 1, including the beyond scope action only involves features located 65201–5149. issues discussed above. Changes which entirely within the restricted area for the Dated at Rockville, Maryland, this 20th day are administrative in nature have been station defined in 10 CFR Part 20 and of May 1999. found to have no effect on the technical does not involve any historic sites. The For the Nuclear Regulatory Commission. content of the TS. The increased clarity proposed action does not affect non- Mel Gray, and understanding these changes bring radiological station effluents and has no to the TS are expected to improve the Project Manager, Section 2, Project other environmental impact. It does not Directorate IV & Decommissioning Division operators’ control of Callaway Plant, increase any discharge limit for the of Licensing Project Management, Office of Unit 1 in normal and accident station. Therefore, there are no Nuclear Reactor Regulation. conditions. significant non-radiological [FR Doc. 99–13421 Filed 5–25–99; 8:45 am] Relocation of requirements from the environmental impacts associated with BILLING CODE 7590±01±P CTS to other licensee-controlled the proposed action. documents does not change the Accordingly, the Commission requirements themselves. Future concludes that there are no significant NUCLEAR REGULATORY changes to these requirements may then environmental impacts associated with COMMISSION be made by the licensee under 10 CFR the proposed action. 50.59 and other NRC-approved control Sunshine Act Meeting mechanisms which will ensure Alternatives to the Proposed Action DATE: continued maintenance of adequate As an alternative to the proposed Weeks of May 24, 31, June 7, and June 14, 1999. requirements. All such relocations have action, the staff considered denial of the been found consistent with the proposed action (i.e., the ‘‘no-action’’ PLACE: Commissioners’ Conference guidelines of NUREG–1431 and the alternative). Denial of the licensee’s Room, 11555 Rockville Pike, Rockville, Commission’s Final Policy Statement. application would result in no change Maryland. Changes involving more restrictive in current environment impacts. The STATUS: Public and closed. requirements have been found to environmental impacts of the proposed MATTERS TO BE CONSIDERED: enhance station safety. action and the alternative action are Week of May 24 Changes involving less restrictive similar. requirements have been reviewed Thursday, May 27 individually. When requirements have Alternative Use of Resources 11:30 a.m. Affirmation Session (Public been shown to provide little or no safety This action does not involve the use Meeting) (if needed). benefit, or to place an unnecessary of any resources not previously burden on the licensee, their removal considered in the Final Environmental Week of May 31—Tentative from the TS was justified. In most cases, Statement for the Callaway Plant, Unit There are no meetings scheduled for relaxations previously granted to 1 dated January 1982. the Week of May 31. individual plants on a plant-specific basis were the result of a generic action, Agencies and Persons Consulted Week of June 7—Tentative or of agreements reached during In accordance with its stated policy, There are no meetings scheduled for discussions with the OG, and found to on May 19, 1999, the staff consulted the Week of June 7. be acceptable for Callaway Plant, Unit 1. with the Missouri State official, Week of June 14—Tentative Generic relaxations contained in regarding the environmental impact of NUREG–1431 have been reviewed by the proposed action. The State official Monday, June 14 the NRC staff and found to be had no comments to offer. 2:00 p.m. Briefing on 10 CFR Part 70— acceptable. Finding of No Significant Impact Proposed Rule For Revised In summary, the proposed revisions to Requirements for Domestic Based upon the environmental the TS were found to provide control of Licensing of Special Nuclear station operations such that reasonable assessment, the Commission concludes Material (Public Meeting) (Contract: assurance will be provided that the that the proposed action will not have Ted Sherr, 301–415–7218). health and safety of the public will be a significant effect on the quality of the adequately protected. human environment. Accordingly, the Tuesday, June 15 The proposed action will not increase Commission has determined not to 10:30 a.m. All Employees Meeting the probability or consequences of prepare an environmental impact (Public Meeting) (‘‘The Green’’ accidents, will not change the quantity statement for the proposed action. Plaza Area). or types of any effluent that may be For further details with respect to the 1:30 p.m. All Employees Meeting released offsite, and will not proposed action, see the licensee’s (Public Meeting) (‘‘The Green’’ significantly increase the occupational application dated May 15, 1997, as Plaza Area). or public radiation exposure. Also, these supplemented by (1) the letters in 1998 changes do not increase the licensed dated June 26, August 4, August 27, Wednesday, June 16 power and allowable effluents for the September 24, October 21 (two letters), 9:00 a.m. Briefing on Proposed Export of station. The changes will not create any November 23, November 25, December High Enriched Uranium to Canada new or unreviewed environmental 11, and December 22, and (2) the letters (Public Meeting) (Contact: Ron impacts that were not considered in the in 1999 dated February 5, March 9, Hauber, 301–415–2344).

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Thursday, June 17 SUPPLEMENTARY INFORMATION: WIT section 202(e) and 202(f) of the Social Postal Logistics (Plainfield, IL) will Security Act. For entitlement under 9:00 a.m. Briefing on Status of Uranium present their prespective on mailing section 2(c), 2(d)(i), and 2(d)(iii) of the Recovery (Public Meeting) (Contact: issues, especially those related to King Stablein, 301–415–7238). RRA, an individual is disabled if he/she publishing. The presentation will be is unable to engage in any regular 11:00 a.m. Affirmation Session (Public held on Commission premises at 1333 H employment. For entitlement under Meeting) (If needed). Street NW, Wshington, DC 20268–0001, section 2(d)(v) of the RRA, the Friday, June 18 at 10:30 a.m. on May 27, 1999. individual must have an impairment 9:30 a.m. Briefing by Office of Dated: May 20, 1999. which is so severe that, in accordance International Programs (Public Cyril J. Pittack, with the regulations of the Social Meeting) (Contact: Karen Acting Secretary. Security Administration, any gainful Henderson, 301–415–1771). [FR Doc. 99–13340 Filed 5–25–99; 8:45 am] activity would be precluded. The Railroad Retirement Board (RRB) also BILLING CODE 7710±FW±M * The Schedule for Commission Meetings determines entitlement to a period of is Subject to Change on Short Notice. To disability or early Medicare entitlement Verify the Status of Meetings Call for qualified claimants. (Recording)—(301) 415–1292. Contact Person RAILROAD RETIREMENT BOARD for More Information: Bill Hill (301) 415– To enable the RRB to determine the 1661. Proposed Collection; Comment eligibility of an applicant or annuitant * * * * * Request for disability benefits under the RRA, The NRC Commission Meeting the RRB requests supportive medical SUMMARY: In accordance with the Schedule can be found on the Internet evidence from railroad employers, requirement of section 3506(c)(2)(A) of at: personal physicians, private hospitals the Paperwork Reduction Act of 1995 and state agencies. The RRB currently http://www.nrc.gov/SECY/smj/ which provides opportunity for public schedule.htm utilizes Forms G–3EMP, G–250, G–250a, comment on new or revised data G–260, GL–12, RL–11b and RL–11d to * * * * * collections, the Railroad Retirement obtain the necessary medical evidence. This notice is distributed by mail to Board (RRB) will publish periodic Completion is voluntary. One response several hundred subscribers; if you no summaries of proposed data collections. is requested to each respondent longer wish to receive it, or would like Comments are invited on: (a) Whether to be added to it, please contact the the proposed information collection is ESTIMATE OF RESPONDENT BURDEN Office of the Secretary, Attn: Operations necessary for the proper performance of Branch, Washington, D.C. 20555 (301– the functions of the agency, including Annual 415–1661). In addition, distribution of whether the information has practical Form No. re- Time Burden this meeting notice over the Internet utility; (b) the accuracy of the RRB’s sponses (min) (hrs.) system is available. If you are interested estimate of the burden of the collection in receiving this Commission meeting of the information; (c) ways to enhance G±3EMP ... 600 10 100 schedule electronically, please send an the quality, utility, and clarity of the G±250 ...... 12,000 37 7,4000 electronic message to [email protected] or information to be collected; and (d) G±250a ..... 12,000 20 4,000 [email protected]. ways to minimize the burden released to G±260 ...... 100 25 42 William M. Hill, Jr., the collection of information on RL±11b ..... 5,000 10 833 RL±11d ..... 250 10 42 SECY Tracking Officer, Office of the respondents, including the use of Secretary. automated collection techniques or Total ... 29,950 ...... 12,417 [FR Doc. 99–13485 Filed 5–24–99; 10:50 am] other forms of information technology. BILLING CODE 7590±01±M Title and Purpose of information collection: The RRB proposes to delete Form GL– Medical Reports: OMB 3220–0038. 12 from the collection as it is no longer Under sections 2(a)(1)(iv), 2(a)(2) and required. Minor non-burden impacting POSTAL RATE COMMISSION 2(a)(3) of the Railroad Retirement Act editorial changes are being proposed to the remaining forms in the collection. Mailers' Presentation (RRA), annuities are payable to qualified railroad employees whose physical or ADDITIONAL INFORMATION OR COMMENTS: AGENCY: Postal Rate Commission. mental condition is such they are To request more information or to ACTION: Notice of presentation. unable to (1) work in their regular obtain a copy of the information occupation (occupational disability); or collection justification, forms, and/or SUMMARY: Postal consultants will (2) work at all (permanent total supporting material, please call the RRB address the Commission on issures disability). The requirements for Clearance Officer at (312) 751–3363. affecting mailers. Their presentation establishment of disability and proof of Comments regarding the information will discuss the impact of decisions on continuance of disability are prescribed collection should be addressed to mailers. in 20 CFR 220. Ronald J. Hodapp, Railroad Retirement Under sections 2(c) and 2(d) of the DATES: May 27, 1999. Board, 844 N. Rush Street, Chicago, RRA, annuities are also payable to Illinois 60611–2092. Written comments ADDRESSES: See SUPPLEMENTARY qualified spouses, widow(ers) who have should be received within 60 days of INFORMATION section. in their care a qualified child who is this notice. FOR FURTHER INFORMATION CONTACT: under a disability which began before Chuck Mierzwa, Stephen L. Sharfman, General Counsel, age 22; widow(ers) age 50-59 who are Postal Rate Commission, Suite 300, under a disability; and remarried Clearance Officer. 1333 H Street, NW, Washington, DC widows and surviving divorced wives [FR Doc. 99–13406 Filed 5–25–99; 8:45 am] 20268–0001, (202) 789–6820. who would also be entitled under BILLING CODE 7905±01±M

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RAILROAD RETIREMENT BOARD SECURITIES AND EXCHANGE fee for DTC’s TAD service from $500 to COMMISSION $1000 effective May 3, 1999. DTC Agency Forms Submitted for OMB continually strives to align its service [Release No. 34±41419; File No. SR±DTC± Review 99±09] fees with estimated service costs, and this revision is a part of that effort. SUMMARY: In accordance with the Self-Regulatory Organizations; The DTC believes that the proposed rule Paperwork Reduction Act of 1995 (44 Depository Trust Company; Notice of change is consistent with Section U.S.C. Chapter 35), the Railroad Filing and Immediate Effectiveness of 17A(b)(3)(D) of the Act 4 and the rules Retirement Board (RRB) has submitted a Proposed Rule Change Relating To and regulations thereunder because it the following proposal(s) for the Fees and Charges will more equitably allocate fees among collection of information to the Office of DTC’s participants and the other parties Management and Budget for review and May 18, 1999. that use DTC’s TAD service. approval. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (B) Self-Regulatory Organization’s Summary of Proposal(s): (‘‘Act’’),1 notice is hereby given that on Statement on Burden on Competition April 1, 1999 The Depository Trust DTC does not believe that the (1) Collection title: Aged Monitoring Company (‘‘DTC’’) filed with the proposed rule change will impose any Questionnaire. Securities and Exchange Commission burden on competition that is not (2) Form(s) submitted: G–19c. (‘‘Commission’’) the proposed rule necessary or appropriate in furtherance (3) OMB Number: 3220–0178. change as described in Items I, II, and of the purposes of the Act. III below, which items have been (C) Self-Regulatory Organization’s (4) Expiration date of current OMB prepared primarily by DTC. The Statement on Comments on the clearance: 7/31/1999. Commission is publishing this notice to Proposed Rule Change Received From (5) Type of request: Extension of a solicit comments on the proposed rule Members, Participants or Others currently approved collection. change from interested persons. No comments on the proposed rule (6) Respondents: Individuals or I. Self-Regulatory Organization’s change were solicited or received. households. Statement of the Terms of Substance of (7) Estimated annual number of the Proposed Rule Change III. Date of Effectiveness of the Proposed Rule Change and Timing for respondents: 3,000. The proposed rule change revises the Commission Action (8) Total annual responses: 3,000. fees associated with DTC’s fee schedule for DTC’s transfer agent drop service The foregoing rule change has become (9) Total annual reporting hours: 300. (‘‘TAD service’’). effective pursuant to Section (10) Collection description: The 19(b)(3)(A)(ii) of the Act 5 and pursuant collection obtains information about II. Self-Regulatory Organization’s to Rule 19b–4(f)(2) 6 promulgated aged annuitants between 75 and 104 Statement of the Purpose of, and thereunder because the proposal Statutory Basis for, the Proposed Rule years of age. These annuitants may no changes a due, fee, or other charge Change longer be competent or their death may imposed by DTC. At any time within not have been reported. Under the In its filing with the Commission, sixty days of the filing of such rule Railroad Retirement Act, the Railroad DTC included statements concerning change, the Commission may summarily Retirement Board may pay benefits to the purpose of and basis for the abrogate such rule change if it appears someone other than the annuitant if it proposed rule change and discussed any to the Commission that such action is is in the annuitant’s interest. The RRB comments it received on the proposed necesary or appropriate in the public must terminate benefits to a deceased rule change. The text of these statements interest, for the protection of investors, may be examined at the places specified or otherwise in furtherance of the annuitant. in Item IV below. DTC has prepared purposes of the Act. ADDITIONAL INFORMATION OR COMMENTS: summaries, set forth in sections (A), (B), IV. Solicitation of Comments Copies of the form and supporting and (C) below, of the most significant documents can be obtained from Chuck aspects of such statements.2 Interested persons are invited to Mierzwa, the agency clearance officer submit written data, views, and (A) Self-Regulatory Organization’s arguments concerning the foregoing, (312–751–3363). Comments regarding Statement of the Purpose of, and the information collection should be including whether the proposed rule Statutory Basis for, the Proposed Rule change is consistent with the Act. addressed to Ronald J. Hodapp, Railroad Change Retirement Board, 844 North Rush Persons making written submissions Street, Chicago, Illinois, 60611–2092 DTC’s TAD service provides transfer should file six copies thereof with the agents located outside of New York City Secretary, Securities and Exchange and the OMB reviewer, Laurie Schack with a central location within Commission, 450 Fifth Street, NW., (202–395–7316), Office of Management Manhattan for the receipt of securities Washington, DC 20549. Copies of the and Budget, Room 10230, New from banks, broker-dealers, depositories, submission, all subsequent Executive Office Building, Washington, and shareholders.3 The proposed rule amendments, all written statements D.C. 20503. change increases the monthly service with respect to the proposed rule Chuck Mierzwa, change that are filed with the Clearance Officer. 1 15 U.S.C. 78s(b)(1). Commission, and all written [FR Doc. 99–13405 Filed 5–25–99; 8:45 am] 2 The Commission has modified the text of the communications relating to the summaries prepared by DTC. proposed rule change between the BILLING CODE 7905±01±M 3 For a more detailed description of the TAD service, refer to Securities Exchange Act Relase No. 37562 (August 13, 1996), 61 FR 43283 [File No. SR– 4 15 U.S.C. 78q–1(b)(3)(D). DTC–96–09] (order approving proposed rule 5 15 U.S.C. 78s(b)(3)(A)(ii). change). 6 17 CFR 240.19b–4(f)(2).

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Commission and any person, other than rule change. The text of these statements C. Self-Regulatory Organization’s those that may be withheld from the may be examined at the places specified Statement on Comments on the public in accordance with the in Item IV below. DTC has prepared Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be summaries, set forth in sections A, B, Members, Participants or Others available for inspection and copying in and C below, of the most significant the Commission’s Public Reference aspects of such statements.2 No comments on the proposed rule Section, 450 Fifth Street, NW., change have been solicited, and no Washington, DC 20549–0609. Copies of A. Self-Regulatory Organization’s written comments have been received. such filing also will be available for Statement of the Purpose of, and inspection and copying at the principal Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the office of DTC. All submissions should Change Proposed Rule Change and Timing for refer to File No. SR–DTC–98–09 and Commission Action should be submitted by June 16, 1999. The purpose of the proposed rule change is to make the rules of the MBS The foregoing rule change has become For the Commission by the Divivision of Division consistent with current effective pursuant to Section Market Regulation, pursuant to delegated 19(b)(3)(A)(i) of the Act 5 and pursuant authority.7 practice in the areas of financial to Rule 19b–4(f)(1) 6 promulgated Margaret H. McFarland, reporting of existing MBS participants and potential applicants. thereunder because the proposal Deputy Secretary. constitutes a stated policy, practice, or [FR Doc. 99–13301 Filed 5–25–99; 8:45 am] The rule change revises Sections 7(b) interpretation with respect to the BILLING CODE 8010±01±M and 8(b) of Article IV, Rule 1, to clarify meaning, administration, or that the quarterly financial reports enforcement of an existing rule. At any required by appropriate federal or state time within sixty days of the filing of SECURITIES AND EXCHANGE regulators, such as call reports for banks COMMISSION such rule change, the Commission may and FOCUS reports for broker-dealers, summarily abrogate such rule change if [Release No. 34±41418; File No. SR±DTC± can be used to satisfy the requirement it appears to the Commission that such 99±04] in Sections 7(b) and 8(b) for the action is necessary or appropriate in the submission of ‘‘unaudited Financial public interest, for the protection of Self-Regulatory Organizations; The Statements’’. Depository Trust Company; Notice of investors, or otherwise in furtherance of Filing and Immediate Effectiveness of The rule change also revises Section the purposes of the Act. 7(c) of Article IV, Rule 1, to eliminate a Proposed Rule Change Regarding IV. Solicitation of Comments Revisions to MBS Division Rules the requirement that the chief executive officer or chief financial officer of a Interested persons are invited to May 18, 1999. potential applicant submit a certificate submit written data, views, and Pursuant to Section 19(b)(1) of the stating that no material adverse changes arguments concerning the foregoing, Securities Exchange Act of 1934 have occurred in the applicant’s 1 including whether the proposed rule (‘‘Act’’), notice is hereby given that on financial condition since the applicant March 15, 1999 The Depository Trust change is consistent with the Act. submitted the financial statement Persons making written submissions Company (‘‘DTC’’) filed with the required by other provisions in MBS Securities and Exchange Commission should file six copies thereof with the Division rules. The MBS Division (‘‘Commission’’) the proposed rule Secretary, Securities and Exchange believes this requirement is unnecessary change as described in Items I, II, and Commission, 450 Fifth Street, N.W., III below, which items have been in light of DTC’s access to other sources Washington, D.C. 20549–0609. Copies of prepared primarily by DTC. The of information concerning MBS Division the submission, all subsequent Commission is publishing this notice to applicants. amendments, all written statements solicit comments on the proposed rule DTC believes that the proposed rule with respect to the proposed rule change from interested persons. change is consistent with Section change that are filed with the 3 I. Self-Regulatory Organization’s 17A(b)(3)(A) of the Act and the rules Commission, and all written Statement of the Terms of Substance of and regulations thereunder because, in communications relating to the the Proposed Rule Change accordance with the Commission’s proposed rule change between the recommendations, the proposal Commission and any person, other than The proposed rule change revises the conforms DTC’s rules to current those that may be withheld from the rules of DTC’s MBS Division to comply financial reporting practices and MBS public in accordance with the with the current financial reporting division rules to DTC’s rules generally.4 provisions of 5 U.S.C. 552, will be practices of existing MBS Division available for inspection and copying in participants and potential applicants. B. Self-Regulatory Organization’s the Commission’s Public Reference Statement on Burden on Competition II. Self-Regulatory Organization’s Section, 450 Fifth Street, N.W., Statement of the Purpose of, and DTC does not believe that the Washington, D.C. 20549. Copies of such Statutory Basis for, the Proposed Rule proposed rule change will impose any filing also will be available for Change burden on competition not necessary or inspection and copying at the principal In its filing with the Commission, appropriate in furtherance of the office of DTC. DTC included statements concerning purposes of the Act. All submissions should refer to File the purpose of and basis for the No. SR–DTC–99–04 and should be proposed rule change and discussed any 2 The Commission has modified the text of the submitted by June 16, 1999. comments it received on the proposed summaries prepared by DTC. 3 15 U.S.C. 78q–1(b)(3)(A). 5 7 17 CFR 200.30–3(a)(12). 4 DTC’s rules affecting non-MBS Division 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). participants have no similar requirements. 6 17 CFR 240.19b–4(f)(1).

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For the Commission by the Division of (A) Self-Regulatory Organization’s 17A(b)(3)F) 6 of the Act and the rules Market Regulation, pursuant to delegated Statement of the Purpose of, and and regulations thereunder because it authority.7 Statutory Basis for, the Proposed Rule will facilitate the prompt and accurate Margaret H. McFarland, Change clearance and settlement of securities Deputy Secretary. MCC sponsors accounts (‘‘sponsored transactions and because it will assure [FR Doc. 99–13356 Filed 5–25–99; 8:45 am] accounts’’) for certain eligible Chicago the safeguarding of the securities and funds in MCC’s custody or control or for BILLING CODE 8010±01±M Stock Exchange specialists, floor brokers, and market makers (‘‘sponsored which MCC is responsible. participants’’) to provide them with (B) Self-Regulatory Organization’s SECURITIES AND EXCHANGE access to the clearance, settlement, and Statement on Burden on Competition COMMISSION depository services of a qualified clearing agency.3 To cover any losses MCC does not believe that the that MCC may incur from operating the proposed rule change will impose any [Release 34±41427; File No. SR±MCC±99± sponsored accounts, MCC requires burden on competition. 01] sponsored participants to contribute to (C) Self-Regulatory Organization’s Self-Regulatory Organizations; a sponsored account fund. A sponsored Statement on Comments on the Midwest Clearing Corporation; Notice participant’s required contribution to Proposed Rule Change Received From of Filing of a Proposed Rule Change the sponsored account fund currently is Members, Participants or Others the greater of $15,000 (‘‘minimum Regarding Sponsored Account Fund MCC has neither solicited nor contribution’’) or 110% of the amount Contributions received written comments on the calculated pursuant to the formula of proposed rule change. May 19, 1999. NSCC and DTC (‘‘alternative contribution’’) 4 III. Date of Effectiveness of the Pursuant to section 19(b)(1) of the According to MCC, both NSCC and Proposed Rule Change and Timing for Securities Exchange Act of 1934 DTC require a minimum deposit of Commission Action (‘‘Act’’),1 notice is hereby given that on $10,000.5 Therefore, the current Within thirty-five days of the date of February 26, 1999, the Midwest Clearing minimum amount a sponsored publication of this notice in the Federal Corporation (‘‘MCC’’) filed with the participant must contribute to the Register or within such longer period (i) Securities and Exchange Commission sponsored account fund is $22,000, as the Commission may designate up to (‘‘Commission’’) the proposed rule which is based on the alternative ninety days of such date if it finds such change (File No. SR–MCC–99–01) as contribution formula. Under the proposed rule change, the longer period to be appropriate and described in Items I, II, and III below, publishes its reasons for so finding or which items have been prepared minimum contribution will increase from $15,000 to $150,000. As a result, (ii) as to which MCC consents, the primarily by MCC. The Commission is Commission will: publishing this notice to solicit the new required contribution will be $150,000, which will be based on the (A) By order approve such proposed comments from interested persons on minimum contribution amount. MCC rule change or the proposed rule change. believes the increase is necessary due to (B) Institute proceedings to determine whether the proposed rule change I. Self-Regulatory Organization’s an increased volume of transactions should be disapproved. Statement of the Terms of Substance of cleared through the sponsored accounts the Proposed Rule Change and increased market volatility. IV. Solicitation of Comments The increase will be phased-in over a Interested persons are invited to The proposed rule change will twelve-month period. To announce the submit written data, views, and increase the minimum contribution that actual phase-in dates, MCC will issue an arguments concerning the foregoing, sponsored participants are required to administrative bulletin no later than including whether the proposed rule make to MCC’s sponsored account fund. thirty days after the Commission’s order approving the proposal. The first phase- change is consistent with the Act. II. Self-Regulatory Organization’s in date will be no more than 60 days Persons making written submissions Statement of the Purpose of, and from the date the bulletin is published should fix six copies thereof with the Statutory Basis for, the Proposed Rule and will increase the minimum Secretary, Securities and Exchange Change contribution to $50,000. The second and Commission, 450 Fifth Street, NW, third phase-in dates will be six months Washington, D.C. 20549. Copies of the In its filing with the Commission, and twelve months from the initial submission, all subsequent MCC included statements concerning phase-in date and will increase the amendments, all written statements the purpose of and basis for the minimum contribution to $100,000 and with respect to the proposed rule proposed rule change and discussed any $150,000, respectively. change that are filed with the comments it received on the proposed MCC believes the proposed rule Commission, and all written rule change. The text of these statements change is consistent with Section communications relating to the may be examined at the places specified proposed rule change between the in Item IV below. MCC has prepared 3 MCC uses the services of two qualified clearing Commission and any person, other than agencies on behalf of its sponsored participants: those that may be withheld from the summaries, set forth in sections (A), (B), National Securities Clearing Corporation (‘‘NSCC’’) and (C) below, of the most significant public in accordance with the and The Depository Trust Company (‘‘DTC’’). provisions of 5 U.S.C. 552, will be aspects of such statements.2 4 The formula for the alternative contribution is based on the participant’s use of MCC’s services or available for inspection and copying in those of a qualified clearing agency. The proposed the Commission’s Public Reference rule change does not affect the alternative 7 17 CFR 200.30–3(a)(12). Section, 450 Fifth Street, NW, contribution calculation. 1 15 U.S.C. 78s(b)(1). 5 See Letter from Paul B. O’Kelly, Executive Vice Washington, D.C. 20549. Copies of such 2 The Commission has modified the text of the President, Market Regulation and Legal, Chicago summaries prepared by MCC. Stock Exchange (March 19, 1999). 6 15 U.S.C. 78q–1(b)(3)(F).

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28543 filing also will be available for in Item IV below. OCC has prepared $1,080,000 for a 20% interest in OCC. inspection and copying at the principal summaries, set forth in sections (A), (B), The proposed rule change would office of MCC. All submissions should and (C) below, of the most significant increase the maximum price for an refer to File No. SR–MCC–99–01 and aspects of such statements.2 interest in OCC to $1,000,000, which should be submitted by June 16, 1999. approximates the amount recommended (A) Self-Regulatory Organization’s For the Commission by the Division of by Deloitte. Statement of the Purpose of, and The $1,000,000 amount also Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule authority.7 approximates the value in 1999 dollars Change 5 Margaret H. McFarland, of $333,333 in 1975. The present The rule change would make two participant exchanges acquired their Deputy Secretary. substantive changes. First, it would stock in OCC between 1973 and 1976. [FR Doc. 99–13302 Filed 5–25–99; 8:45 am] increase the maximum purchase price Increasing the maximum price to BILLING CODE 8010±01±M for OCC stock from $333,333 to $1,000,000 would tend to equalize the $1,000,000 per exchange. Second, upon investment required of new exchanges liquidation of OCC it would effectively with the investments made by OCC’s SECURITIES AND EXCHANGE limit distributions to exchanges that present participant exchanges in the COMMISSION first became stockholders after mid-1970’s, expressed in 1999 dollars. [Release No. 34±41422; File No. SR± December 31, 1998, to the amounts that OCC’s present rules specify a OCC±99±06] such exchanges paid for their stock plus minimum purchase price of $250,000 if a pro rata share of any increase in OCC’s the book value of a proportionate Self-Regulatory Organizations; The retained earnings after December 31, interest in OCC would be less than that Options Clearing Corporation; Notice 1998. amount. Because the book value of a proportionate interest in OCC greatly of Filing of a Proposed Rule Change Increase in Maximum Purchase Price Relating to the Purchase of OCC Stock exceeds $250,000 and is likely to Article VII, Section 2 of OCC’s By- by Participant Exchanges and the continue to do so, the proposed rule Laws provides that an options exchange Rights of Participant Exchanges on change would eliminate the minimum that wishes to become a participant in Liquidation of OCC price as unnecessary. OCC must purchase 5,000 shares of Change in Liquidation Rights May 18, 1999. Class A Common Stock and 5,000 shares Pursuant to section 19(b)(1) of the of Class B Common Stock of OCC.3 Under OCC’s present charter, if OCC Securities Exchange Act of 1934 Currently, the price is an amount equal were to liquidate, the holders of Class A (‘‘Act’’),1 notice is hereby given that on to book value as of the close of the Common Stock would be entitled to March 15, 1999, The Options Clearing preceding month but not less than receive the par value of their shares and Corporation (‘‘OCC’’) filed with the $250,000 nor more than $333,333. As of the balance of OCC net assets would be Securities and Exchange Commission December 31, 1998, the book value of distributed to the holders of Class B (‘‘Commission’’) the proposed rule 10,000 shares of OCC stock was Common Stock. Because the purchase change as described in Items I, II, and $6,365,100 per share so the effective price of Class B Common Stock is III below, which items have been purchase price is the maximum price of capped at a level substantially below prepared primarily by OCC. The $333,333. book value, the current liquidation Commission is publishing this notice to The $333,333 maximum dates from scheme would provide a potential solicit comments from interested 1975, when OCC (then named Chicago windfall to new stockholders. If a new persons on the proposed rule change. Board Options Exchange Clearing exchange purchased stock either for the Corporation) became the common present maximum of $33.33 per share or I. Self-Regulatory Organization’s clearing facility for listed options. It has the proposed maximum of $100.00 per Statement of the Terms of Substance of not been reconsidered since that time. share and if OCC then liquidated, each the Proposed Rule Change In view of the length of time that has holder of Class B Common Stock, Under the proposed rule change, OCC elapsed since the present maximum was including the new exchange, would be will update the provisions of its fixed and the prospect that new options entitled to receive more than $500.00 Certificate of Incorporation, By-Laws, markets may seek to become participant per share on liquidation. OCC has no and Stockholders Agreement relating to exchanges of OCC,4 OCC engaged intention of liquidating. Nevertheless, the purchase of OCC stock by Deloitte & Touche, LLP (‘‘Deloitte’’) to the outcome if OCC did liquidate would participant exchanges and the rights of recommend a fair price for participation be unfair to those exchanges that were those exchanges in the event of OCC’s in OCC. stockholders while OCC was liquidation. Using a variety of valuation accumulating its present stockholders’ methodologies and substantially equity. II. Self-Regulatory Organization’s discounting book value to reflect lack of The proposed rule change would Statement of the Purpose of, and control and lack of marketability, address this potential inequity by Statutory Basis for, the Proposed Rule Deloitte arrived at an indicated value of establishing a new scheme for Change distribution of OCC’s net assets on In its filing with the Commission, 2 The Commission has modified the text of the liquidation. Under the new scheme, OCC included statements concerning summaries prepared by OCC. holders of Class A Common Stock and 3 the purpose of and basis for the The holders of Class A Common Stock elect Class B Common Stock would first be OCC’s member directors. The holders of Class B paid the par value of their shares proposed rule change and discussed any Common Stock voting together as a class elect comments it received on the proposed OCC’s public and management directors. Each ($10.00 per share). Next, each holder of rule change. The text of these statements exchange holds a separate series of Class B may be examined at the places specified Common Stock entitling it to elect one exchange 5 Based on the All Urban Consumer CPI, $333,333 director. on January 1, 1975, would amount to $1,009,932 in 4 Cf. ‘‘Fledgling Electronic Options Exchange 1999. Using the General Consumer Price Index, 7 17 CFR 200.30–3(a)(12). Files with SEC for Registration as National Bourse,’’ $333,333 on January 1, 1975, would amount to 1 15 U.S.C. 78s(b)(1). The Wall Street Journal, Feb. 3, 1999, at C 11. $1,056,518 in 1999.

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Class B Common Stock would receive a to repurchase a participant exchange’s provisions of 5 U.S.C. 552, will be distribution of $1,000,000, allowing it to stock within six years of the date when available for inspection and copying in recover the value of its investment in the stock was acquired. Section 12 of the Commission’s Public Reference 1998 dollars. Next, an amount equal to the Stockholders Agreement, which is Section, 450 Fifth Street, NW, OCC’s stockholders’ equity at December obsolete, would be deleted in its Washington, DC 20549. Copies of such 31, 1998, minus the distributions entirety. filing also will be available for described in the two preceding OCC believes that the proposed rule inspection and copying at the principal sentences would be distributed to those change is consistent with Section 17A of office of OCC. All submissions should exchanges that acquired their Class B the Act 6 and the rules and regulations refer to File No. SR–OCC–99–06 and Common Stock before December 31, thereunder because it provides for a fair should be submitted by June 16, 1999. 1998. Finally, any excess assets (i.e., valuation of OCC’s stock on its For the Commission by the Division of post-1998 retained earnings) would be acquisition and liquidation. Market Regulation, pursuant to delegated distributed equally to all holders of authority.7 Class B Common Stock. The effect (B) Self-Regulatory Organization’s Statement on Burden on Competition Margaret H. McFarland, would be to allow each exchange to Deputy Secretary. recover its investment but to reserve OCC does not believe that the [FR Doc. 99–13303 Filed 5–25–99; 8:45 am] OCC’s present retained earnings for proposed rule change would impose any BILLING CODE 8010±01±M those exchanges that were stockholders burden on competition. during the period when the earnings (C) Self-Regulatory Organization’s were being accumulated. Statement on Comments on the DEPARTMENT OF STATE Technical and Conforming Changes Proposed Rule Change Received From [Notice 3066] The last sentence of Article VII, Members, Participants or Others Section 2 of the By-Laws would be Written comments were not and are Office of the Deputy Assistant revised to eliminate a circularity. That not intended to be solicited with respect Secretary for Energy, Sanctions, and provision currently states that if OCC to the proposed rule change, and none Commodities; Receipt of Application fails or is unable to purchase a have been received. for a Permit for Pipeline Facilities To stockholder’s shares when required Be Constructed and Maintained on the under the Stockholders Agreement, the III. Date of Effectiveness of the Borders of the United States stockholders may sell its shares ‘‘to a Proposed Rule Change and Timing for AGENCY: Department of State. person who is qualified under Section 1 Commission Action of this Article VII for participation in Within thirty-five days of the date of SUMMARY: This is a correction to Federal [OCC] as an ‘Exchange’ and who is not publication of this notice in the Federal Register Public Notice 3049 of May 4, then a stockholder of the Corporation.’’ Register or within such longer period (i) 1999 (published at 64 FR 24689, May 7, However, Section 1 of Article VII as the Commission may designate up to 1999). The Department of State has provides that in order to be qualified for ninety days of such date if it finds such received an application from the Penn participation in OCC as an Exchange, a longer period to be appropriate and Octane Corporation requesting a permit, securities exchange or securities publishes its reasons for so finding or pursuant to Executive Order 11423 of association must already have (ii) as to which OCC consents, the August 16, 1968, as amended by purchased stock in OCC. The proposed Commission will: Executive Order 12847 of May 17, 1993, rule change would eliminate the (A) By order approve such proposed authorizing Penn Octane Corporation, in circularity by allowing the stockholders rule change or a joint venture with Cowboy Pipeline to sell its shares to any national (B) Institute proceedings to determine Services Company International, to securities exchange or national whether the proposed rule change construct, connect, operate and securities association that had effective should be disapproved. maintain two pipelines originating in rules for the trading of options. the Port of Brownsville District, Texas IV. Solicitation of Comments Conforming changes would be made in and crossing the International Boundary the Stockholders Agreement. Interested persons are invited to (Rio Grande River) between Cameron Article VII, Section 3 would be submit written data, views, and County, Texas and the State of amended to reflect previous rule arguments concerning the foregoing, Tamaulipas, Mexico. The pipelines to changes providing for public directors. including whether the proposed rule be constructed would be used to It would also be amended to eliminate change is consistent with the Act. transport liquid petroleum gas (LPG) an obsolete requirement that the Persons making written submissions and refined petroleum products (diesel/ stockholders renew their voting should file six copies thereof with the gasoline) from the United States to agreement every ten years. Secretary, Securities and Exchange Mexico. Penn Octane Corporation is a Article VII, Section 4 would be Commission, 450 Fifth Street, NW, publicly held company headquartered amended to reflect the fact that the Washington, DC 20549. Copies of the in Los Angeles California. The proposed Participant Exchange Agreement submission, all subsequent pipelines will connect a currently between OCC and its participant amendments, all written statements existing pipeline in Cameron County, exchanges now includes provisions with respect to the proposed rule Texas with a proposed storage and relating to Rule 9b–1 options disclosure change that are filed with the distribution terminal in Tamaulipas, documents. Commission, and all written Mexico which will be constructed and Section 10(a) of the Stockholders communications relating to the operated by Penn Octane of Mexico. Agreement would be amended to proposed rule change between the DATES: Interested parties are invited to eliminate obsolete material and to Commission and any person, other than submit, in duplicate, comments relative increase, proportionately with the those that may be withheld from the to this proposal on or before June 20, proposed increase in the purchase price public in accordance with the 1999. of OCC stock, the dollar discounts that would apply if OCC found it necessary 6 15 U.S.C. 78q–1. 7 17 CFR 200.30–3(a)(12).

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FOR FURTHER INFORMATION CONTACT: Matt fishing guides, outfitters, and others) to inspection in accordance with 15 CFR McManus, Division Chief, Energy compete against their Canadian 2006.15. Confidential business Producing Countries, Department of counterparts by prohibiting U.S. information submitted in accordance State, Washington, D.C. 20520. (202) recreational fishermen from keeping the with 15 CFR 2006.15 must be clearly 647–3423. fish that they catch if the fishermen marked ‘‘BUSINESS CONFIDENTIAL’’ Dated: May 19, 1999. lodge on the Minnesota side of certain in a contrasting color ink at the top of lakes that straddle the U.S.-Canadian Matthew McManus, each page on each of 20 copies, and border. U.S. fishermen who lodge must be accompanied by a Division Chief. instead in Ontario tourist nonconfidential summary of the [FR Doc. 99–13214 Filed 5–25–99; 8:45 am] establishments are permitted to keep confidential information. The BILLING CODE 4710±07±P their catch. The petition alleges that, as nonconfidential summary shall be a result, U.S. resorts, fishing guides, and placed in the file that is open to public other businesses tied to sport fishing inspection. Copies of the public version OFFICE OF THE UNITED STATES suffer discrimination. The petition of the petition and other relevant TRADE REPRESENTATIVE further alleges that Canadian documents are available for public [Docket No. 301±119] immigration officials require U.S. inspection in the USTR Reading Room. fishing guides to obtain Canadian work An appointment to review the docket Initiation of Section 302 Investigation authorizations to guide fishing trips into may be made by calling Brenda Webb at and Request for Public Comment: Canada. The petition also alleges that (202) 395–6186. The USTR Reading Practices of the Government of these acts, policies or practices have Room is open to the public from 9:30 Canada and of the Province of Ontario caused a sharp fall-off in the tourism a.m. to 12 noon and 1:00 p.m. to 4:00 Regarding Measures Affecting Tourism industry, which directly or indirectly p.m., Monday through Friday, and is and Sport Fishing generates over $700 million in revenues located in Room 101. per year in the Minnesota counties William L. Busis, AGENCY: Office of the United States bordering Ontario. Trade Representative. Chairman, Section 301 Committee. Investigation and Consultations [FR Doc. 99–13417 Filed 5–25–99; 8:45 am] ACTION: Notice of initiation of investigation; request for written On April 29, 1999, the USTR BILLING CODE 3190±01±M comments. determined that an investigation should be initiated to determine whether SUMMARY: The United States Trade certain acts, policies and practices of the DEPARTMENT OF TRANSPORTATION Representative (USTR) has initiated an Government of Canada and the Province investigation under section 302(a) of the of Ontario regarding sport fishing and Federal Railroad Administration Trade Act of 1974, as amended (the tourism are actionable under section Trade Act) (19 U.S.C. 2412(a)), with 301. [FRA Docket No. EP±1, Notice 5] respect to certain acts, policies and Pursuant to section 303(b) of the practices of the Government of Canada Trade Act, the USTR has postponed its Procedures for Considering and of the Province of Ontario that may request for consultations with the Environmental Impacts discriminate against U.S. providers of Government of Canada for the purpose AGENCY: Federal Railroad tourism services. USTR invites written of verifying or improving the petition to Administration (FRA), Department of comments from the public on the ensure an adequate basis for Transportation (DOT). matters being investigated and the consultation. ACTION: determinations to be made under Notice of Updated Public Comment: Requirements for section 304 of the Trade Act. Environmental Assessment Procedures. Submissions DATES: This investigation was initiated SUMMARY: The FRA announces that it Interested persons are invited to on April 29, 1999. Written comments has revised its Procedures for submit written comments concerning from the public are due on or before Considering Environmental Impacts to the acts, policies and practices of noon on June 25, 1999. update or eliminate outdated references Canada which are the subject of this ADDRESSES: to programs or statutory authorities that Office of the United States investigation, the amount of burden or have been revised or that no longer Trade Representative, 600 17th Street, restriction on U.S. commerce caused by exist, to correct inconsistencies with the N.W., Washington, DC 20508. these acts, policies and practices, and Council on Environmental Quality’s FOR FURTHER INFORMATION CONTACT: the determinations required under (CEQ) National Environmental Policy Mary Ryckman, Director for Canadian section 304 of the Trade Act. Comments Act implementing regulations, and to Affairs, (202) 395–3412, or Steven F. must be filed in accordance with the improve public access to the process Fabry, Assistant General Counsel, (202) requirements set forth in 15 CFR that governs FRA’s compliance with the 395–3582. 2006.8(b) and must be filed on or before National Environmental Policy Act SUPPLEMENTARY INFORMATION: On March noon on June 25, 1999. Comments must (NEPA) and related environmental and 15, 1999, the Border Waters Coalition be in English and provided in twenty historic preservation laws and Against Discrimination in Services copies to: Sybia Harrison, Staff Assistant regulations. Trade filed a petition pursuant to to the Section 301 Committee, Room section 302(a) of the Trade Act alleging 100, Office of the U.S. Trade DATES: These revised Environmental that certain acts, policies and practices Representative, 600 17th Street, NW, Procedures are effective on May 26, of the Government of Canada and the Washington, DC 20508. 1999. Province of Ontario are actionable under Comments will be placed in a file FOR FURTHER INFORMATION CONTACT: section 301. (Docket 301–119) open to public William R. Fashouer, Office of the Chief In particular, the petition alleges that inspection pursuant to 15 CFR 2006.13, Counsel, FRA, 1120 Vermont Avenue, Ontario impairs the ability of Minnesota except confidential business N.W., Stop-10, Washington, D.C. 20590 tourist establishments (fishing resorts, information exempt from public (telephone: 202–493–6033).

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SUPPLEMENTARY INFORMATION: On June 1980, they are difficult for the public to portions of the CEQ regulations or DOT 16, 1980, the FRA published its final access. By republishing the Procedures, Order are specifically referenced in ‘‘Procedures For Considering FRA achieves much wider public these Procedures, the unreferenced Environmental Impacts’’ availability, especially through the portions also apply. (Environmental Procedures), 45 FR Federal Register Internet Access, which 2. Authority 40854 (1980). These Environmental is not available for the original 1980 Procedures established a process for procedures. These Procedures implement the assessing the environmental impact of requirements of section 20 of DOT actions and legislation proposed by the Final Procedures Revisions Order 5610.1C. This document FRA and for the preparation and FRA has published these revised establishes procedures for compliance processing of documents based on such Environmental Procedures without by the FRA with the National assessments. As a part of a larger DOT notice and an opportunity for public Environmental Policy Act (42 U.S.C. effort to increase intermodal planning comment because the agency’s action 4321 et seq., hereinafter NEPA), and coordination, FRA is currently simply makes updating and conforming especially NEPA section 102 (2)(C) (42 participating with the Federal Highway revisions to FRA’s existing procedures U.S.C. 4332(2)(C)); section 4(f) of the Administration (FHWA), the Federal and does not substantively alter the Department of Transportation Act (49 Transit Administration (FTA), and the process FRA follows for considering the U.S.C. 303(c)); section 106 of the United States Coast Guard bridge permit environmental impact of its actions. The National Historic Preservation Act (16 program in evaluating a proposal for agency concluded that more detailed U.S.C. 470(f)); section 309(a) of the new joint environmental regulations revisions to the agency’s Environmental Clean Air Act (42 U.S.C. 7609(a)); that would cover all four DOT operating Procedures were not needed at this time section 307(c)(2) of the Coastal Zone administrations in one regulation. In in light of the effort described above to Management Act (16 U.S.C. 1456(c)(2)); advance of this effort, which is still in consider a joint surface transportation section 2(a) of the Fish and Wildlife the very early planning stage, FRA has environmental regulations that would Coordination Act (16 U.S.C. 662(a)); decided to update its existing address the environmental process for section 7 of the Endangered Species Act Environmental Procedures in several several DOT Operating Administrations. (16 U.S.C. 1536); the Noise Control Act minor respects and to republish them in The public will have an opportunity to of 1972 (42 U.S.C. 4901 et seq.); and the Federal Register to facilitate public participate in the formulation of this certain Executive Orders, regulations, access to the Procedures. regulation if it goes forward. and guidelines cited in this document The revised Environmental In accordance with the above, FRA which relate to environmental Procedures have not been substantively revises its Procedures for Considering assessment and environmental altered. FRA has sought to achieve four Environmental Impacts as follows: documentation. principal objectives in updating the FEDERAL RAILROAD ADMINISTRATION Environmental Procedures. First, 3. Definitions obsolete statutory references have been PROCEDURES FOR CONSIDERING The definitions contained within CEQ removed or updated and references to ENVIRONMENTAL IMPACTS 1508 apply to these Procedures. programs for which FRA no longer has TABLE OF CONTENTS Additional or expanded definitions are authority and program offices that no Sec. as follows: longer exist have been eliminated. As an example, FRA transferred ownership of 1. Purpose. (a) ‘‘Administrator’’ means the 2. Authority. Federal Railroad Administrator. the Alaska Railroad to the State of 3. Definitions. Alaska in 1985. In the revised (b) ‘‘CEQ’’ means the Council on 4. Actions Covered. Environmental Quality. procedures, all references to the Alaska 5. Timing. Railroad have been removed. 6. Actions. (c) ‘‘EIS’’ means an Environmental Second, the list of categorical 7. Applications. Impact Statement. exclusions in section 4(c) of the 8. Consultants. (d) ‘‘EPA’’ means the U.S. Procedures has been updated to reflect 9. Citizen Involvement. Environmental Protection Agency. additions that FRA has made over the 10. Environmental Assessment Process. (e) ‘‘FONSI’’ means a Finding of No years pursuant to section 4(e) of the 11. Finding of No Significant Impact. Significant Impact. 12. 4(f) Determinations. Procedures. Section 4(e) authorizes FRA (f) ‘‘4(f)-Protected Properties’’ are any 13. Environmental Impact Statement. publicly-owned land of a public park, to adopt additional categorical 14. Contents of an Environmental Impact exclusions when the agency determines Statement. recreation area, or wildlife and that particular classes of action do not 15. Record of Decision. waterfowl refuge of national, State or have a significant environmental 16. Effective Date. local significance or any land of an impact. The revised Procedures afford historic site of national, State, or local 1. Purpose FRA with the opportunity to publish significance (as determined by the these additional categorical exclusions This document establishes procedures Federal, State, or local officials having for the first time. for the assessment of environmental jurisdiction over the park, area, refuge, Third, inconsistencies with the CEQ impacts of actions and legislation or site) within the meaning of section NEPA Implementing Regulations (40 proposed by the Federal Railroad 4(f) of the DOT Act (49 U.S.C. 303(c)). CFR part 1500) have been corrected. Administration (FRA), and for the (g) ‘‘4(f)Determination’’ is a report FRA’s implementing procedures are preparation and processing of which must be prepared prior to the required to be consistent with the CEQ documents based on such assessments. Administrator’s approval of any FRA Regulations. These Procedures supplement the action which requires the use of any Fourth, improved public access to the Council on Environmental Quality 4(f)-protected properties. This report procedures will be achieved through a (CEQ) Regulations (40 CFR parts 1500 et documents both the supporting analysis new publication in the Federal Register. seq., hereinafter ‘‘CEQ 1500’’) and and the finding required by section 4(f) Since the original procedures were Department of Transportation (DOT) of the DOT Act (49 U.S.C. 303(c)), that published in the Federal Register in Order 5610.1C. Although only certain (1) there is no prudent and feasible

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices 28547 alternative to the use of such land, and excluded from the requirements of these increase service to meet demand, where (2) the proposed FRA action includes all Procedures as they do not individually the assistance will not result in a change possible planning to minimize harm to or cumulatively have a significant effect in the effect on the environment; the park, recreational area, wildlife and on the human environment. In (14) State rail assistance grants under waterfowl refuge, or historic site extraordinary circumstances, a normally 49 U.S.C. 22101 et seq. for relocation resulting from the use. excluded action may have a potentially costs as that term is defined in 49 C.F.R. (h) ‘‘FRA Action’’ is an action taken significant environmental effect because Part 266, where the relocation involves by the Administrator or his or her it does not satisfy one or more of the transfer of a shipper to a site zoned for delegate. FRA actions include grants, criteria in subsection (e) of this section. the relocated activity. This categorical loans, financing through redeemable In such case, the Program Office shall exclusion shall not apply to the preference shares and loan guarantees, prepare the necessary environmental relocation of a shipper involved in the contracts, purchases, leases, assessment and follow the appropriate transportation of any material classified construction, research activities, FONSI or EIS process for that action. as a hazardous material by DOT in 49 rulemaking, regulatory actions, The following classes of FRA actions are CFR Part 172; approvals, certifications, and licensing. categorically excluded: (15) Financial assistance for the FRA actions also include actions only (1) Administrative procurements (e.g. construction of minor loading and partially funded by FRA. FRA actions for general supplies) and contracts for unloading facilities, provided that include FRA-sponsored proposals for personal services; projects included in this category are legislation and favorable reports on (2) Personnel actions; consistent with local zoning, do not proposed rail-related legislation, but do (3) Financial assistance or involve the acquisition of a significant not include responses to Congressional procurements for planning or design amount of land, and do not significantly requests for reports on pending activities which do not commit the FRA alter the traffic density characteristics of legislation or appropriation requests. or its applicants to a particular course existing rail or highway facilities; (i) ‘‘Program Office’’ is an office of action affecting the environment; (16) Minor rail line additions within FRA which has been delegated (4) Technical or other minor including construction of side tracks, the authority to administer a particular amendments to existing FRA passing tracks, crossovers, short FRA action or program and which regulations; connections between existing rail lines, therefore bears primary responsibility (5) Internal orders and procedures not and new tracks within existing rail for performing environmental required to be published in the Federal yards provided that such additions are assessments and preparing Register under the Administrative not inconsistent with existing zoning, environmental documents in Procedure Act, 5 U.S.C. 552(a)(1); do not involve acquisition of a (6) Changes in plans for an FRA compliance with these Procedures. significant amount of right of way, and (j) ‘‘P–10’’ refers to the Office of action for which an environmental do not significantly alter the traffic Environment, Energy, and Safety within document has been prepared, where the density characteristics of the existing the Department of Transportation. changes would not alter the rail lines or rail facilities; 4. Actions Covered environmental impacts of the action; (7) Rulemakings issued under section (17) Acquisition of existing railroad (a) General Rule. The requirements of 17 of the Noise Control Act of 1972, 42 equipment, track and bridge structures, sections 5 through 15 of these U.S.C. 4916; electrification, communication, Procedures shall apply to all FRA (8) State rail assistance grants under signaling or security facilities, stations, actions which are determined to be 49 U.S.C. 22101 et seq. for rail service maintenance of way and maintenance of major FRA actions in accordance with continuation payments and acquisition, equipment bases, and other existing this section. as defined in 49 CFR 266; railroad facilities or the right to use such (b) Major FRA Actions. A major FRA (9) Guarantees of certificates for facilities, for the purpose of conducting action for purposes of these Procedures working capital under the Emergency operations of a nature and at a level of is any FRA action which does not come Rail Services Act (45 U.S.C. 661 et seq.); use similar to those presently or within one of the classes of actions (10) Hearings, meetings, or public previously existing on the subject categorically or otherwise excluded in affairs activities; properties; subsections (c), (d) or (e) of this section. (11) Maintenance of: existing railroad (18) Research, development and/or The Program Office shall consult with equipment; track and bridge structures; demonstration of advances in signal, the FRA Office of Chief Counsel before electrification, communication, communication and/or train control determining that an FRA action is not a signaling, or security facilities; stations; systems on existing rail lines provided major FRA action under subsection (c). maintenance-of-way and maintenance- that such research, development and/or Any determination that an FRA action of-equipment bases; and other existing demonstrations do not require the is not a major FRA action based on the railroad-related facilities. For purposes acquisition of a significant amount of application of the criteria in subsection of this exemption ‘‘maintenance’’ means right-of-way, and do not significantly (e) of this section shall be made in work, normally provided on a periodic alter the traffic density characteristics of writing by the Program Office and basis, which does not change the the existing rail line; reviewed for legal sufficiency by the existing character of the facility, and (19) Improvements to existing FRA Office of Chief Counsel. The FRA may include work characterized by facilities to service, inspect, or maintain Office of Chief Counsel will, in other terms under specific FRA rail passenger equipment, including coordination with other FRA offices, programs; expansion of existing buildings, the annually review actions taken under (12) Temporary replacement of an construction of new buildings and this subsection to determine whether essential rail facility if repairs are outdoor facilities, and the additions should be made to the classes commenced immediately after the reconfiguration of yard tracks; and of action excluded in subsection (c). occurrence of a natural disaster or (20) Promulgation of railroad safety (c) Actions Categorically Excluded. catastrophic failure; rules and policy statements that do not Certain classes of FRA actions have (13) Operating assistance to a railroad result in significantly increased been determined to be categorically to continue existing service or to emissions of air or water pollutants or

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The major FRA actions, or a general class of categories: following classes of actions have been Federally-related actions at least one of (1) ‘‘Applications for Funding’’ which determined to be actions not covered by which is a major FRA action, may be include grants, cooperative agreements, NEPA as defined in CEQ 1500.6 and covered by a single environmental loan guarantees, and financing through 1508.18(a): assessment and subsequent redeemable preference shares; (1) Operating and capital grants to documentation where the (2) ‘‘FRA Initiated Actions’’ which Amtrak. These grants are excluded environmental impacts of all the actions include proposed legislation, because NEPA does not apply to (and their alternatives) are substantially rulemakings, and R&D activities; and requests for appropriations and FRA has similar. (3) ‘‘Direct FRA Projects’’ which no discretion to withhold these grants at (g) Programmatic Actions. include the planning and building of the funding stage if they are in (1) A programmatic FRA action, Federal works such as the Northeast accordance with the spending plan consisting of a group of FRA actions or Corridor Improvement Project, or the approved by Congress. Furthermore, a broad action composed of elements acquisition, use and disposal of Federal FRA has no control over the use of such which are themselves FRA actions but land and real property. funds by Amtrak; where no single action would be taken (b) Applications For Funding. (2) Enforcement of safety regulations; except in conjunction with the other Appropriate environmental and related actions, shall be treated as a documentation shall be commenced no (3) Issuance of emergency orders. separate major FRA action for purposes later than immediately after the (e) Criteria for Exclusion of Actions. A of these Procedures. Decisions on application is received. (CEQ 1502.5(b)). class of FRA action not excluded under related rail facilities, e.g. connecting The FONSI, EIS, or categorical subsections (c) and (d) of this section lines of a railroad or consolidations, exclusion determination, as appropriate, may nevertheless be excluded from the should normally be considered a shall be completed prior to a decision requirements for ‘‘major FRA actions’’ programmatic action. by the Administrator on the approval of in these Procedures if it satisfies all of (2) A programmatic environmental the application and shall accompany the the following criteria: document should identify program level application through the decision- (1) The action is not judged to be alternatives and assess the program- making process. In the event the environmentally controversial from the wide environmental impacts. To the Administrator disapproves of an point of view of people living within the extent information is available, it should application prior to the completion of environment affected by the action or also identify the alternatives to and the FONSI or EIS, the FONSI or EIS controversial with respect to the impacts of component FRA actions need only be completed if the availability of adequate relocation within the program, and the disapproval is based on environmental housing; implications on alternative grounds. (2) The action is not inconsistent with transportation systems. (c) FRA Initiated Actions. Appropriate any Federal, State, or local law, (3) Where a programmatic environmental documentation shall be regulation, ordinance, or judicial or environmental document has been commenced concurrently with any administrative determination relating to prepared, the FRA program office shall planning for the action. The FONSI, EIS, environmental protection; examine each component FRA action or categorical exclusion determination, (3) The action will not have any making up the program to determine, in as appropriate, shall be completed prior significant adverse impact on any accordance with subsection (b) of this to a decision by the Administrator to natural, cultural, recreational, or scenic section, whether the component action implement an action and shall environment(s) in which the action is a major FRA action, which has not accompany the proposed legislation, takes place, or on the air or water been assessed in the programmatic rulemaking or R&D package through the quality or ambient noise levels of such document. decision-making process. environment(s); (4) For any component action which Implementation includes submission of (4) The action will not: use 4(f)- constitutes a major FRA action, the proposed legislation to the Office of protected properties; adversely affect Program Office shall prepare such Management and Budget, or properties under section 106 of the additional environmental procurement of an outside consultant or National Historic Preservation Act; documentation as may be required by in-house start up of the R&D project. For involve new construction located in a these Procedures, unless the informal rulemaking activities, the draft wetlands area; or affect a base documentation prepared for the EIS should normally accompany the floodplain; programmatic action satisfies the proposed rule. (5) The action will not cause a requirements of these Procedures for the (d) Direct FRA Projects. Appropriate significant short-or long-term increase component FRA action. In preparing the environmental documentation shall be in traffic congestion, or other significant site specific or component action commenced at the feasibility analysis adverse environmental impact on any documentation, the Program Office shall stage. (CEQ 1502.5(a)). Where a mode of transportation; reference and summarize the programmatic document has been (6) The action is not an integral part programmatic document and shall limit prepared, the environmental document of a program of actions which, when the discussion to the unique alternatives for each component action not considered separately, would not be to and impacts of the site specific or adequately addressed in the classified as major FRA actions, but component action. programmatic document will be when considered together would be so prepared along with design studies. The classified; and 5. Timing FONSI, EIS or categorical exclusion (7) Environmental assessment or (a) General. In general, the possible determination shall be completed prior documentation is not required by any environmental effects of an FRA action to a construction decision and Federal law, regulation, guideline, must be considered at the earliest circulated to the Administrator as part order, or judicial or administrative possible time along with technical and of the decision-making process.

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6. Joint Actions the FRA under these Procedures. The The Program Office that processes an (a) Joint Effort. Where one or more Program Office may enter into a application shall make its own Federal agencies together with FRA memorandum of understanding with the evaluation of the environmental issues either co-sponsor an action, or are lead agency substituting the lead raised by the application. The Program directly involved in an action through agency’s content requirements for those Office shall review environmental funding, licenses, or permits, or are in sections ll(h) and 14(a)-(u). If the lead documentation submitted in connection involved in a group of actions directly agency is another component of DOT, with an application to insure that it related because of functional the 4(f) content requirements in section satisfies the requirements of these interdependence or geographical 12(d) may also be substituted. For every Procedures. An environmental proximity or both, or are involved in a major FRA action, however, the review document may be accepted by a single program, the Program Office shall and approval responsibilities of these Program Office after such review and seek to join all such agencies in Procedures must be met for any final shall then be considered to have been environmental document. prepared by that office for purposes of performing a single joint environmental sections 10 through 15 of these assessment and in preparing necessary 7. Applicants Procedures. When necessary to perform environmental documentation. (a) General. Each applicant for FRA such review, the Program Office shall Consistent with the requirements of financial assistance or other major FRA seek the advice of the FRA Office of CEQ 1506.2 and 1506.5 an applicant action may be requested to perform an Policy and Program Development and shall, to the fullest extent possible, serve environmental assessment of the the FRA Office of Chief Counsel. as a joint lead agency if the applicant is proposed FRA action and to submit a State agency or local agency, and the documentation of that assessment with 8. Consultants proposed action is subject to State or the application. An applicant may also (a) General. A Program Office may use local requirements comparable to NEPA. be requested to submit a proposed draft consultants in the performance of (b) Lead Agency. Where the FRA joins EIS or proposed FONSI in connection environmental assessments and in the with one or more other Federal agencies with the application, or to act as a joint preparation of environmental in the performance of an environmental lead agency if the applicant is a State documents. assessment and in the preparation of agency with state-wide jurisdiction or is (b) Conflicts of Interest. A Program environmental documentation, all a State or local agency, and the Office shall exercise care in selecting agencies should agree to designate a proposed action is subject to a State consultants, and in reviewing their single ‘‘lead agency’’ to supervise the requirement comparable to NEPA. work, to ensure that their analysis is effort. Any request by FRA for CEQ (b) Information Required. Where an complete and objective. Contractors resolution of lead agency designation applicant is required to submit shall execute a disclosure statement (CEQ 1501.5(e)) shall be made only after environmental documentation, the prepared by the Program Office, consultation with the FRA Office of Program Office shall assist the applicant specifying that they have no financial or Chief Counsel and notification to P–10. by specifying the types and amounts of other interest in the outcome of the Where FRA has the primary Federal information, consistent with these project. responsibility, the Program Office will Procedures and the published (c) FRA Responsibility. The FRA is act as the lead agency in accordance regulations, if any, under which the responsible for substantive and with CEQ 1501.6(a). The lead agency application is being made. The Program procedural compliance with should consult with the other Office shall work with potential environmental laws, orders, and participating agencies to ensure that the applicants early in the process to assist regulations, and cannot delegate this joint effort makes the best use of areas in the development of information responsibility to consultants. The of jurisdiction and of special expertise responsive to sections 10 through 14 of Program Office that contracts with a of the participating agencies, that the these Procedures. consultant shall make its own views of participating agencies are (c) Premature Act by Applicant. The evaluation of the environmental issues considered in the course of the Program Office shall inform an raised by the proposed action. The environmental assessment and applicant that the applicant may not Program Office shall review any documentation process, and that the take any major action, in expectation of assessments performed and any substantive and procedural approval of the application, prior to documents prepared by a consultant to requirements of all participating completion of the environmental ensure that they satisfy the requirements agencies are met. Requests for lead documentation process by the FRA, as of these Procedures. When necessary to agency designation by other parties required by these Procedures. the performance of its review, the should be made to the FRA Office of (d) Applicant’s Use of Consultants. Program Office shall seek the advice of Policy and Program Development, An applicant may use consultants in the the FRA Office of Policy and Program which will advise the appropriate performance of an environmental Development and of the FRA Office of Program Office and the FRA Office of assessment and in the preparation of Chief Counsel. An environmental Chief Counsel. proposed environmental documents, document accepted by a Program Office (c) Cooperating Agency. The FRA is subject to approval of the selected pursuant to this section shall be responsible for substantive and consultant by the Program Office. considered to have been prepared by procedural compliance with (e) FRA Responsibility. The FRA is that office for purposes of sections 10 environmental laws, orders, and responsible for substantive and through 15 of these Procedures. regulations. Where the FRA is a procedural compliance with cooperating agency on a joint effort of environmental laws, orders, and 9. Citizen Involvement environmental assessment and regulations, and cannot delegate this (a) Policy. Citizen involvement is documentation, the Program Office shall responsibility to applicants. The encouraged at every stage of the perform the functions stated in CEQ Program Office shall solicit comments environmental assessment of a proposed 1501.6(b) and review the work of the from state and local governments and FRA action. lead agency to ensure that its work the public on the environmental (b) Procedures. After a Program Office product will satisfy the requirements of consequences of any grant application. has made the decision to prepare a draft

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EIS, the Program Office shall implement Program Office at the earliest practical immediate area of the alternative, and the following procedures: time in the planning process for the impacts on local government services (1) Develop, in cooperation with the proposed action and shall be considered and revenues; FRA Public Affairs Office, a list of along with technical and economic (17) Environmental Justice; interested parties, including Federal, studies. To the fullest extent possible, (18) Public health; regional, State, and local authorities, steps to comply with all environmental (19) Public safety, including any environmental groups, individuals, and review laws and regulations shall be impacts due to hazardous materials; business, public service, education, undertaken concurrently. (20) Recreational opportunities; labor, and community organizations. (b) Scope. The process of considering (21) Locations of historic, The ‘‘List of Federal Agencies and environmental impacts should begin by archeological, architectural, or cultural Federal-State Agencies with Jurisdiction identifying all reasonable alternatives to significance, including, if applicable, by Law or Special Expertise on the proposed action, including ‘‘no consultation with the appropriate State Environmental Quality Issues’’, action’’ and including mitigation Historic Preservation Officer(s); published by CEQ, should be consulted. measures not incorporated into the (22) Use of 4(f)-protected properties; (2) Publish a notice of intent in the design of the proposed action. It is and Federal Register, in accordance with entirely proper that the number of (23) Construction period impacts. CEQ 1501.7 and 1508.22, and notify alternatives being considered should (c) Depth. The environmental directly those officials, agencies, decrease as the environmental consideration process should seek to organizations, and individuals with consideration process proceeds and as quantify each impact identified as particular interest in the proposal. analysis reveals that certain alternatives relevant to the proposed action and to (3) Circulate the draft EIS to interested would in fact be unreasonable. The each alternative. Such quantification parties and to depositories, such as relevant environmental impacts of all should properly develop, over the public libraries, together with an alternatives should be identified and course of the environmental impact invitation to comment on the draft EIS. discussed, including both beneficial and process, from a rough order-of- (4) Publicize the availability of the adverse impacts; impacts which are magnitude estimate of impact to finer draft EIS by press release, in direct, indirect, and cumulative; and and more precise measurements. The coordination with the FRA Public impacts of both long and short-term depth of analysis of each impact should Affairs Officer, by advertisement in duration; and mitigation measures that be guided by the following factors: (1) The likely significance of the local newspapers of general circulation, would be included for each alternative. impact; or by other suitable means. The Consultation with appropriate Federal, Environmental Protection Agency (EPA) (2) The magnitude of the proposed State, and local authorities, and to the action or an alternative action; will normally publish a notice of extent necessary, with the public, availability in the Federal Register. If (3) Whether the impact is beneficial or should be begun at the earliest adverse; and one or more alternative(s) include practicable time. The following aspects significant encroachment on a (4) Whether and to what extent the of potential environmental impact impact has been assessed in a prior floodplain, the notice shall make should be considered: reference to that fact. environmental document. (1) Air quality; (d) Environmental Assessment. An (5) If necessary or desirable, as (2) Water quality; determined in consultation with the environmental assessment shall be (3) Noise and vibration; prepared, in accordance with CEQ FRA Office of Chief Counsel, using the (4) Solid waste disposal; 1508.9, prior to all major FRA actions. criteria in CEQ 1506.6(c), hold a hearing (5) Ecological systems; or hearings on the draft EIS. If a hearing (6) Impacts on wetlands areas; The environmental assessment shall be is held, the draft EIS shall be made (7) Impacts on endangered species or used to determine the need to prepare available at least 30 days prior to the wildlife: either a FONSI or an EIS for the hearing. (8) Flood hazards and floodplain proposed action, in accordance with (6) Respond to all responsible management; subsection (e) of this section. An comments in the final EIS in accordance (9) Coastal zone management; environmental assessment need not be with section 13(c)(11) of these (10) Use of energy resources; prepared as a separate document where Procedures and provide copies of the (11) Use of other natural resources, the Program Office or an applicant has final EIS to all who commented on the such as water, minerals, or timber; already decided to prepare an EIS for draft. (12) Aesthetic and design quality the proposed action. Evidence of (c) List of Contacts. Interested persons impacts; consultation with appropriate Federal, can get information on the FRA (13) Impacts on transportation: of both State, and local authorities is especially environmental process and on the status passengers and freight; by all modes, desirable as a part of the environmental of EIS’s issued by the FRA from: Office including the bicycle and pedestrian assessment. The Program Office is of Policy and Program Development, modes; in local, regional, national, and encouraged to seek the advice of the Federal Railroad Administration, 1120 international perspectives; and FRA Office of Policy and Program Vermont Avenue, N.W., Stop 15, including impacts on traffic congestion; Development and the FRA Office of Washington, D.C. 20590; telephone (14) Possible barriers to the elderly Chief Counsel as to the sufficiency of (202) 493–6400. The FRA Office of and handicapped; the environmental assessment. Policy and Program Development will (15) Land use, existing and planned; (e) Determination Based on the contact the appropriate Program Office (16) Impacts on the socioeconomic Environmental Assessment. On the if additional information is required. environment, including the number and basis of the environmental assessment, kinds of available jobs, the potential for the Program Office shall determine: 10. Environmental Assessment Process community disruption and demographic whether the proposed action will or will (a) Policy. The process of considering shifts, the need for and availability of not have a foreseeable significant impact the environmental impacts of a relocation housing, impacts on on the quality of the human proposed major FRA action should be commerce, including existing business environment; whether or not the begun by or under the supervision of the districts, metropolitan areas, and the proposed action will use 4(f)-protected

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In making (3) The FRA Office of Chief Counsel in the development of an FRA action for these four determinations, the Program shall review every FONSI and shall which a FONSI was prepared, a Office shall seek the advice of the FRA advise the program office in writing as significant change is made which would Office of Chief Counsel and shall inform to the legal sufficiency of the FONSI. alter environmental impacts, or where this advisory office of the ultimate (4) After complying with subsection significant new information becomes determinations. Based on these four (d)(2) of this section, the Program Office available regarding the environmental determinations, the Program Office shall shall submit the FONSI to the impacts of such an FRA action, the take action in accordance with Administrator concurrently with the Program Office shall prepare an paragraphs (1) through (4) below, as advice obtained from the Office of environmental assessment in order to applicable: Policy and Program Development, when determine whether, because of the (1) If the Program Office determines applicable, and from the FRA Office of changes or the new information, the that the proposed action will not have Chief Counsel. proposed action will or will not have a a foreseeable significant impact, the (5) A FONSI may become final only foreseeable significant impact on the Program Office shall compile that upon approval by the Administrator. quality of the human environment. In determination and its supporting Title V program actions do not require making this determination, the Program documentation into a FONSI and a separate approving endorsement by Office shall seek the advice of the FRA proceed in accordance with section 11 the Administrator, where his/her Office of Chief Counsel. If, because of of these Procedures. signature on the formal financial the change or the new information, the (2) If the Program Office determines assistance agreement approves the proposed action will have a foreseeable that there is a foreseeable significant entire agreement package including the significant impact on the quality of the impact, it shall begin the scoping FONSI. human environment, the Program Office process (CEQ 1501.7) and proceed to (d) Coordination. shall prepare a draft EIS and proceed in prepare a draft EIS in accordance with (1) Normally an approved FONSI accordance with sections 9 and 13 of sections 9 and 13 of these Procedures. need not be coordinated in advance these Procedures. If not, the Program (3) If the Program Office determines outside the FRA. Copies of the FONSI Office shall prepare an appropriate that the proposed action contemplates shall be made available to the public, to supplement to the original FONSI. using 4(f)-protected properties, it shall a Government agency, or to Congress (h) Contents of a FONSI. A FONSI proceed in accordance with section 12 upon request at any time. shall include the environmental of these Procedures. (2) When the proposed action is, or is assessment in accordance with CEQ (4) If the Program Office determines closely similar to, one which normally 1508.13. There is no prescribed format that the proposed action will occur in a requires an EIS as identified in section for FONSI’s. A FONSI shall contain the wetlands area or in a base floodplain, 13(a) of these Procedures, or when the following: the Program Office shall comply with nature of the proposed action is one (1) Identification of the document as subsection 14(n)(6) or (8) of these without precedent, the proposed FONSI a FONSI; Procedures, as applicable. If a FONSI is shall be made available to the public for (2) Identification of the FRA; prepared, the reference in 14(n)(6) and a period of not less than 30 days before (3) The title of the action, including, (8) to final EIS should be read as the FONSI is finally approved and the if applicable, identification of the action reference to the FONSI. action is implemented. as a legislative proposal; 11. Finding of No Significant Impact (e) 4(f) Determinations. A 4(f) (4) The Program Office which (a) General. A FONSI shall be determination, prepared according to prepared the document; prepared for all major FRA actions for section 12 of these Procedures, may be (5) The month and year of preparation which an environmental impact required for a proposed FRA action even of the document; statement is not required, as determined though an EIS is not required. If so, the (6) The name, title, address, and in accordance with section 10(e) of 4(f) determination shall be prepared phone number of the person in the these Procedures. concurrently with and integrated with Program Office who should be contacted (b) Decisionmaking on the Proposed the FONSI for purposes of the review to supply further information about the Action. No decision shall be made at process. document; any level of authority of the FRA to (f) Representations of Mitigation. (7) A list of those persons or commit the FRA or its resources to a Where a FONSI has represented that organizations assisting the Program major FRA action for which a FONSI certain measures would be taken to Office in the preparation of the must be prepared until a FONSI mitigate adverse environmental impacts document; covering the action has been prepared of an action, the FRA program office (8) A description of the proposed and approved in accordance with this shall monitor the action and, as action; section. necessary, take steps to enforce the (9) A description of the alternatives (c) Staff Responsibilities. implementation of such measures. considered; (1) A FONSI, when required, shall be Where applicable, the Program Office (10) Environmental effects; prepared by the Program Office and shall include appropriate mitigation (11) To the extent necessary and shall be signed by the official heading measures as a condition to financial practicable, evidence of compliance that office. The Program Office shall assistance and as a provision of with all applicable environmental laws, forward a copy to the Office of Policy contracts. The program office shall, e.g., a copy of letters from the State and Program Development and a copy to upon request, inform cooperating or Historic Preservation Officer and the the FRA Office of Chief Counsel. commenting agencies on progress in Advisory Council on Historic (2) When requested by the Program carrying out mitigation measures they Preservation; Office, the FRA Office of Policy and proposed and which were adopted by (12) A discussion of mitigation Program Development shall review the FRA, and shall also, upon request, make measures that will be used;

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(13) A conclusion that the proposed (5) When requested by the Program (8) A detailed description of the use action will have no foreseeable Office, the FRA Office of Policy and which the FRA action proposes to make significant impact on the quality of the Program Development shall review the of the affected 4(f)-protected properties; human environment; and 4(f) determination and shall advise the (9) A similarly detailed description of (14) Signature and date indicating the Program Office as to the consistency of every reasonable alternative location, approval of the Administrator required the 4(f) determination with FRA policies routing, or design to the one proposed, by subsection (c) of this section. and programs. including the alternative of ‘‘no action’’. Each description should analyze, as 12. 4(f) Determinations (6) The FRA Office of Chief Counsel shall review every 4(f) determination appropriate, the technical feasibility, (a) General. The Program Office shall and shall advise the Program Office in cost estimates (with figures showing obtain the approval of the Administrator writing as to the legal sufficiency of the percentage differences in-total project for a 4(f) determination before any FRA 4(f) determination. costs), the possibility of community or action is taken which proposes to use (7) The Program Office shall submit ecosystem disruption, and other 4(f) protected properties. The 4(f) the 4(f) determination to the significant environmental impacts of determination shall be prepared Administrator concurrently with the each alternative, so as to evidence that concurrently with and shall be advice obtained from the FRA Office of the financial, social, or ecological costs integrated with either a FONSI or an Policy and Program Development, when or adverse environmental impacts of environmental impact statement, or for applicable, and from the FRA Office of each alternative other than that those projects classified as categorical Chief Counsel. proposed would present unique exclusions, in a separate Section 4(f) (8) A 4(f) determination may become problems or reach extraordinary determination. final only upon approval by the magnitudes; (b) Staff Responsibilities. Administrator. (10) A description of all planning (1) The Program Office shall (c) Representations of Mitigation. undertaken to minimize harm to the determine whether or not a proposed Where a 4(f)determination has 4(f)-protected properties from the action contemplates the use of 4(f)- represented that certain measures would proposed action. This should include a protected properties. The Program be taken to implement the planning to description of actions which will be Office shall seek the advice of the FRA minimize harm to 4(f)-protected taken to mitigate adverse environmental Office of Chief Counsel in making this properties, the Program Office shall impacts, such as beautification determination. monitor the action and, as necessary, measures, replacement of land or (2) If it is determined that the take steps to enforce the implementation structures or their equivalents on or proposed action would use 4(f)- of such measures. Where applicable, the near their existing site(s), tunneling, cut protected properties, the Program Office Program Office shall include and cover, cut and fill, treatment of shall initiate consultations on the appropriate mitigation measures as a embankments, planting, screening, proposed action with the Department of condition to financial assistance and as installation of noise barriers, or the Interior and, if appropriate, with the a provision of contracts. establishment of pedestrian or bicycle Departments of Housing and Urban (d) Contents of a 4(f) Determination. paths; Development and of Agriculture. If State There is no prescribed format for 4(f) (11) Evidence of concurrence or of or locally-owned property is involved, determinations. The information efforts to obtain concurrence of the the Program Office should also consult required by Section 4(f) should public official or officials having with the appropriate State or local normally be incorporated as an integral jurisdiction over the 4(f)-protected authorities. part of the environmental document properties regarding the proposed action (3) The Program Office shall rather than as a separate section. To the and the planning to minimize its harm; incorporate into its environmental extent not already included in the (12) In a FONSI or a final EIS, assessment of the proposed action an environmental document, a 4(f) evidence of consultation with the analysis of whether or not there are any determination shall contain the Department of the Interior and, where feasible and prudent alternatives to the following: appropriate, with the Departments of proposed use of 4(f)-protected (1) Identification of the document as Housing and Urban Development and of properties and of all possible planning containing a 4(f) determination made Agriculture; measures which could be taken to pursuant to section 4(f) of the (13) In a FONSI or a final EIS, a minimize harm to such 4(f)-protected Department of Transportation Act, 49 conclusion that there is no feasible and properties resulting from such use. U.S.C. 303(c). prudent alternative to the proposed use (4) If the Program Office determines (2) Identification of the FRA; of 4(f)-protected properties and that the on the basis of its analysis that there is (3) The title of the action; proposal includes all possible planning no feasible and prudent alternative to (4) The Program Office which to minimize harm to such properties the use in the proposed action of 4(f)- prepared the document; resulting from such use; and protected properties, it shall prepare a (5) The month and year of preparation (14) In a FONSI or a final EIS, 4(f) determination for the action. The of the document; signature and date indicating the document shall evidence consultation (6) A description of the proposed approval of the Administrator as with the Department of the Interior and, action in its entirety; required by subsection (b)(8) of this where applicable, with the Departments (7) A description of the 4(f)-protected section. of Housing and Urban Development and properties proposed to be affected, of Agriculture. The Program Office shall including information about their size, 13. Environmental Impact Statement forward a copy of the 4(f) determination uses, patronage, unique qualities, and (a) General. The FRA shall prepare to the FRA Office of Policy and Program relationship to other lands in the and include a final EIS in every Development and a copy to the office of vicinity of the action; and an recommendation on proposals for major Chief Counsel as part of the appropriate explanation of the significance of the FRA actions significantly affecting the FONSI or EIS or as a separate document properties as determined by the Federal, quality of the human environment, as for those projects classified as State, or local officials having determined in accordance with section categorical exclusions. jurisdiction thereof; 10 of these Procedures. There are no

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This (5) The FRA Office of Chief Counsel Program Office and copies forwarded to normally includes any construction of shall review every draft EIS and shall the FRA Office of Policy and Program new major railroad lines or new major advise the program office in writing as Development and the FRA Office of facilities or any change which will to the legal sufficiency of the draft EIS. Chief Counsel. result in a significant increase in traffic. (6) The Program Office shall submit (12) When requested by the Program (b) Decisionmaking on the Proposed the draft EIS to the Administrator Office, the FRA Office of Policy and Action. No decision shall be made at concurrently with the advice obtained Program Development shall review the any level of FRA to commit the FRA or from the FRA Office of Policy and final EIS and shall advise the Program its resources to a major FRA action for Program Development, when applicable, Office in writing as to the consistency which an EIS must be prepared until the and from the FRA Office of Chief of the final EIS with FRA policies and later of the following dates: Counsel. programs. (1) Thirty (30) days after a final EIS (7) A draft EIS may be formally (13) The FRA Office of Chief Counsel covering the action has been submitted released outside the FRA only after shall review every final EIS and shall approval by the Administrator. to the EPA, as measured from the date advise the Program Office in writing as (8) The Program Office shall direct the EPA publishes a notice of the final to its legal sufficiency. EIS’s availability in the Federal distribution of the draft EIS as follows: EPA (five copies); the Office of the (14) The Program Office shall submit Register; or the final EIS to the Administrator (2) Ninety (90) days after a draft EIS Assistant Secretary of Transportation for concurrently with the advice obtained has been made available to the public, Policy and International Affairs (two from the FRA Office of Policy and as measured from the date the EPA copies); all interested FRA regional Program Development, when applicable, publishes a notice of the draft EIS’s offices; appropriate DOT Regional and the FRA Office of Chief Counsel. availability in the Federal Register. The Representatives; the FRA Office of (15) The final EIS may become final Program Office may seek a waiver from Policy and Program Development; the only upon approval by the the EPA to shorten these time limits for FRA Office of Chief Counsel; all Federal Administrator. compelling reasons of national policy. agencies which have jurisdiction by law In emergency circumstances, alternative or special expertise with respect to the (16) After approval by the arrangements can be made through CEQ. environmental impacts of the proposed Administrator, the Program Office shall Any proposed waiver of time limits action; State and local government direct distribution of the final EIS as should be requested only after authorities and public libraries in the follows: EPA (five copies); appropriate consultation with the FRA Office of area to be affected by the proposed DOT Regional Representatives; all Chief Counsel which will submit the action; and all other interested parties interested FRA regional offices; the FRA request through P–10 to EPA or CEQ as identified during the preparation of the Office of Policy and Program appropriate. draft EIS pursuant to section 9(b)(1) of Development; the FRA Office of Chief (c) Staff Responsibilities and Timing. these Procedures. Counsel; State and local authorities and (1) The Program Office shall begin the (9) The draft EIS shall be made public libraries in the area affected by preparation of a draft EIS as soon as it available for public and agency the proposed action; Federal agencies determines, or the environmental comment for at least 45 days from the and other parties who commented assessment performed in accordance Friday following the week the draft EIS substantively on the draft EIS in writing with section 10 of these Procedures was received by EPA. The time period or at a public hearing; and all agencies, discloses, that the proposed action will for comments on the draft EIS shall be organizations, or individuals requesting significantly affect the quality of the specified in a prominent place in the copies. human environment. document, but comments received after (17) If major steps toward (2) As soon as a decision to prepare the stated time period expires should be implementation of the proposed action a draft EIS has been made, if FRA is the considered to the extent possible. have not commenced, or a major lead or only agency, the Program Office, (10) Where a public hearing is to be decision point for actions implemented in consultation with the FRA Office of held on the draft EIS, as determined in in stages has not occurred within three Chief Counsel, shall undertake the accordance with section 9(b)(5) of these years from the date of approval of the scoping process identified in CEQ Procedures, the draft EIS shall be made final EIS, a written reevaluation of the 1501.7. available to the public at least 30 days adequacy, accuracy, and validity of the (3) In preparing a draft EIS, the prior to the hearing. final EIS shall be prepared, and a new Program Office shall perform such (11) The Program Office shall or supplemental EIS prepared, if research and consultation as may be consider all comments received on the necessary. If major steps toward required in accordance with section 14 draft EIS, issues raised through the implementation of the proposed action of these Procedures or as may be citizen involvement process, and new have not occurred within the time considered desirable as a result of the information, and shall revise the text frame, if any, set forth in the final EIS, scoping process. The completed draft into a final EIS accordingly. (See CEQ or within five years from the date of EIS shall be signed by the head of the 1503.4). If the proposed final EIS is not approval of the final EIS, a written Program Office. The Program Office submitted to the Administrator within reevaluation of the adequacy, accuracy, shall forward a copy to the FRA Office three years from the date of the draft EIS and validity of the final EIS shall be of Policy and Program Development and circulation, a written reevaluation of the prepared, and a new or supplemental a copy to the FRA Office of Chief draft shall be prepared to determine if EIS prepared, if necessary. A decision Counsel. the draft EIS remains applicable, that a new or supplemental EIS is not (4) When requested by the Program accurate, and valid. If not, a supplement necessary must be processed in Office, the FRA Office of Policy and to the draft EIS or a new draft EIS shall accordance with paragraph (14) of this Program Development shall review the be prepared and circulated as required subsection (c).

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(d) Legislative EIS. An approved draft be integrated with the draft and final (k) A brief statement of the purpose legislative EIS may be forwarded to the EIS. and need to which the alternatives appropriate Congressional committee(s) (h) Contents of an EIS. The specific described in subsection (l) respond, up to 30 days later than the proposed contents of both a draft and final EIS are including, where applicable, the legislation. If a final EIS is prepared as prescribed by section 14 of these legislative authority on which it is required by CEQ 1506.8(b)(2), it shall be Procedures. Prescribed format for or based; and the extent to which other forwarded to the appropriate page limitations on EIS’s shall be those Federal, State, or local agencies are Congressional committee as soon as it set out in CEQ 1502.7 and 1502.10. An funding or otherwise participating in or becomes available. Comments on the EIS shall be prepared so as to focus on regulating the alternatives. draft EIS and FRA’s responses thereto the significant issues, as identified by (l) A description of all reasonable shall be forwarded to the appropriate the environmental assessment and the alternative courses of action which Congressional committee(s). process of public comment, and so as to could satisfy the purpose and need (e) Changes and Supplements. Where, avoid extraneous data and discussion. identified in subsection (k). The in the development of an FRA action for The text of an EIS should be written in description should include the ‘‘no which a draft or final EIS has been plain language comprehensible to a lay action’’ alternative and alternatives not prepared, a significant change is made person, with technical material gathered currently within the authority of the which would alter environmental into appendices. Graphics and FRA, as well as a description of feasible impacts, or where significant new drawings, maps and photographs shall mitigation measures which have not information becomes available regarding be used as necessary to clarify the been incorporated into the proposed the environmental impacts of such an proposal and its alternatives. The action. The draft EIS may and the final FRA action, the Program Office shall sources of all data used in an EIS shall EIS shall identify which alternative is prepare an appropriate supplement to be noted or referenced in the EIS. the proposed action. (m) A short description of the the original draft or final EIS for that 14. Contents of an Environmental portion of the FRA action affected. Such environment likely to be affected by the Impact Statement proposed action, by way of introduction a supplement shall be processed in to the environmental impact analysis, accordance with paragraphs (3) through To the fullest extent possible, the including a list of all States, counties, (17) of subsection (c) of this section. If Program Office shall prepare draft and metropolitan areas likely to be so a formal administrative record is environmental impact statements affected. required for any FRA action for which concurrently with and integrated with environmental impact analyses and (n) An analysis of the environmental a supplemental EIS is prepared, the impacts of the alternatives, including supplemental EIS shall be introduced related studies required by the various environmental review laws and the proposed action, if identified. The into the formal administrative record. discussion under each area of impact The Program Office, in consultation Executive Orders listed in subsection (n) below. should cover the proposed action and with the FRA Office of Chief Counsel, all alternatives, even if only to point out shall determine whether and to what In addition to the requirements of CEQ 1502.11 through 1502.18, and that one or more alternatives would extent any portion of the proposed have no impact of that kind. Under each action is unaffected by the planning subject to the general provisions of section 13(h) of these Procedures, a draft area of impact, the discussion should change or new information. FRA focus on alternatives which might decisionmaking on portions of the or final EIS shall contain the following: (a) If appropriate, identification of the enhance environmental quality or avoid proposed action having utility some or all adverse impacts of the independent of the affected portion may document as containing a 4(f) determination made pursuant to section proposed action. Attachment 2 to DOT go forward regardless of the concurrent Order 5610.1C provides guidance on the processing of the supplement. 4(f) of the Department of Transportation Act, 49 U.S.C. 303(c). contents of this section. Analysis should (f) Representations of Mitigation. (b) If appropriate, a citation to section be focused on areas of significant Where a final EIS has represented that 106 of the National Historic impact: beneficial and adverse; direct, certain measures would be taken to Preservation Act, 16 U.S.C. 470(f). indirect, and cumulative; and both long- mitigate the adverse environmental (c) Identification of the FRA. and short-term. There should be impacts of an action, the FRA program (d) The Program Office that prepared evidence of consultation with office shall monitor the action and, as the document. appropriate Federal, State and local necessary, take steps to enforce the (e) The month and year of preparation officials. At a minimum, the following implementation of such measures. of the document. areas should be considered in the Where applicable, the Program Office (f) In a draft EIS, the name and environmental analysis, although their shall include appropriate mitigation address of the person in the FRA to discussion in the EIS is dependent on measures as a condition to financial whom comments on the document their relevance. assistance and as a provision of should be addressed, and the date by (1) Air quality. There should be an contracts. The program office shall, which comments must be received to be assessment of the consistency of the upon request, inform cooperating and considered. alternatives with Federal and State commenting agencies on progress in (g) A list of those persons, plans for the attainment and carrying out mitigation measures they organizations, or agencies assisting the maintenance of air quality standards. proposed and which were adopted by FRA in the preparation of the document. (2) Water quality. There should be an FRA and shall also, upon request, make (h) In a draft EIS, a list of agencies, assessment of the consistency of the available to the public the results of organizations, and persons to whom alternatives with Federal and State relevant monitoring. copies of the document are being sent. standards concerning drinking water, (g) 4(f) Determinations. Where a 4(f) (i) In a final EIS, a list of all agencies, storm sewer drainage, sedimentation determination as well as an EIS is organizations, or persons from whom control, and non-point source required for a proposed FRA action, it comments were received on the draft discharges such as runoff from shall be prepared in accordance with EIS. construction operations. The need for section 12 of these Procedures and shall (j) A table of contents. any permits under sections 402 and 404

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The EIS should alternatives should be assessed with floodplain maps, or, if one or more are assess the impacts on both passenger respect to applicable Federal, State, and not available for a particular area, on the and freight transportation, by all modes, local noise standards, especially those best available information. If one or from local, regional, national, and enforced by the FRA for railroad more alternatives will affect a base international perspectives. The EIS equipment, yards and facilities floodplain, the draft EIS shall discuss: should include a discussion of both including 49 CFR Part 210 ‘‘Railroad any risk associated with each such construction period and long-term Noise Emission Compliance alternative; the impacts on natural and impacts on vehicular traffic congestion. Regulations.’’ beneficial floodplain values; the degree (14) Elderly and handicapped. The (4) Solid waste disposal. The to which the alternative supports EIS shall assess impacts of the alternatives should be assessed with incompatible development in the base alternatives on the transportation and respect to State and local standards for floodplain; and the adequacy of the general mobility of the elderly and sanitary landfill and solid waste methods proposed to minimize harm. In handicapped. disposal. the final EIS, this discussion should (15) Land use. The EIS should assess (5) Natural ecological systems. The concentrate on the proposed action. If the impacts of each alternative on local EIS should assess both construction the proposed action involves a land use controls and comprehensive period and long-term impacts of the significant encroachment on a base regional planning as well as on alternatives on wildlife and vegetation floodplain, the final EIS shall contain a development within the affected in the affected environment. Where an finding, made in writing by the environment, including, where alternative proposes to control or Administrator, that the proposed applicable, other proposed Federal modify a stream or other body of water significant encroachment is the only actions in the area. Where in some way, it shall contain evidence practicable alternative. This finding inconsistencies or conflicts exist, this of consultation with the U.S. Fish and shall be supported by a description of section should describe the extent of Wildlife Service of the Department of why the proposed action must be reconciliation and the reason for the Interior and with the agencies located in the floodplain, including the proceeding notwithstanding the absence exercising administration over the alternatives considered and why they of full reconciliation. As required by 42 wildlife resources of affected States, as were not practicable and accompanied U.S.C. 4332(2)(D)(iv), the Program required by section 2(a) of the Fish and by a statement that the action conforms Office shall provide early notification Wildlife Coordination Act, 16 U.S.C. to applicable State and/or local to, and solicit the views of, any State or 662(a). floodplain protection standards. This Federal land management entity with (6) Wetlands. In accordance with E.O. finding shall be provided to interested respect to any alternative which may 11990 (May 24, 1977), and DOT Order parties. Guidance on the definition of have significant impacts upon such 5660.1A, the Program Office shall significant encroachment and other entity and, if there is any disagreement determine whether any of the matters is provided in DOT Order on such impacts, prepare a written alternatives will be located in a wetland 5650.2. assessment of such impacts and views area. If so, the procedures in DOT Order (9) Coastal zone management. If for incorporation into the final EIS. 5660.1A should be followed including applicable, the EIS should discuss to (16) Socioeconomic environment. The consultation with the appropriate what extent the alternatives are EIS should assess the number and kinds representative of the Department of the consistent with approved coastal zone of available jobs likely to be affected by Interior, and with responsible Federal, management programs in affected the alternatives. Also discussed should State or local officials with special States, as required by section 307(c)(2) be the potential for community expertise, concerning the impacts of the of the Coastal Zone Management Act. 16 disruption or cohesion, the possibility proposal on the wetland areas affected. U.S.C. 1456(c)(2). of demographic shifts, and impacts on If the proposed action is located in a (10) Production and consumption of local government services and revenues. wetland area, the final EIS shall energy. The EIS shall assess in detail The need for and availability and document a determination that there is any irreversible or irretrievable adequacy of relocation housing should no practicable alternative to such commitments of energy resources likely be assessed, using as a guide section 6 location, and that the proposed action to be involved in each alternative and of Attachment 2 to DOT Order 5610.1C. includes all practicable measures to any potential energy conservation, The positive and negative consequences minimize harm to wetlands which may especially those alternatives likely to of each alternative on commerce in the result from such use. reduce the use of petroleum or natural community and its surrounding (7) Endangered species. If applicable, gas, consistent with the policy outlined metropolitan area, specifically on the EIS shall discuss the impacts of the in Executive Order 12185. existing business districts and the alternatives on endangered or (11) Use of natural resources other immediate project areas should be threatened species of wildlife. The than energy, such as water, minerals, or analyzed. Department of the Interior lists such timber. The EIS shall assess in detail (17) Public health. species in 50 CFR Part 17. There should any irreversible or irretrievable (18) Public safety. The EIS should be evidence of consultation with the commitments of these resources likely assess the transportation or use of any Department of the Interior as required to be involved in each alternative. hazardous materials which may be by section 7 of the Endangered Species (12) Aesthetic environment and involved in the alternatives, and the Act, 16 U.S.C. 1536. scenic resources. The EIS should level of protection afforded residents of (8) Flood hazard evaluation and identify any significant changes likely to the affected environment from floodplain management. In accordance occur in the natural landscape and in construction period and long-term with E.O. 11988 (May 24, 1977), and the developed environment. The EIS operations associated with the DOT Order 5650.2, the Program Office should also discuss the consideration alternatives.

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(19) Recreation areas and associated with the construction period 15. Record of Decision opportunities. Impacts of the of each alternative, if any. (a) General. The Program Office shall alternatives on sites devoted to (o) A summary of unavoidable prepare a draft record of decision at the recreational activities should be adverse impacts of the alternatives and point in which the FRA is prepared to assessed, including impacts on non-site- a description of mitigation measures make a final decision on the proposed specific activities, such as hiking and planned to minimize each adverse action. The timing of the agency’s bicycling, and impacts on non-activity- impact. Impacts and mitigation decision shall follow the requirements specific sites such as designated ‘‘open measures should be identified in this of CEQ 1506.10. The record of decision space’’. Where land acquired with table as either long-term, short-term, or shall follow the same approval process construction-period. If a proposed Federal grant money such as as the final EIS, as described in section action will have an adverse effect on a Department of Housing and Urban 13(c)(12) through (16) of these property included in or eligible for Development ‘‘open space’’ funds or Procedures. Bureau of Outdoor Recreation ‘‘land and inclusion in the National Register of (b) Contents. The draft record of water conservation’’ funds is involved, Historic Places, this part of the final EIS decision shall include a description of there should be evidence of consultation shall include a copy of any the proposed action and the with the grantor agency concerning the Memorandum of Agreement with, or environmental information specified in proposed action, and of any approvals other response to comments by, the CEQ 1505.2 as well as proposed Advisory Council on Historic required by Section 6(f) of the Land and findings pursuant to section 4(f), the Preservation, in accordance with 36 CFR Water Conservation Fund Act (16 U.S.C. DOT Wetlands Order (DOT 5660.1A), Part 800. This part of the EIS should 460l-8(f)). and the DOT Floodplains Order (DOT (20) Environmental Justice. The EIS also include a summary of any 5650.2), as appropriate. should address environmental justice irreversible or irretrievable (c) Changes. If the Administrator, or considerations as required by Executive commitments of resources and any his or her designee, wishes to take an Order 12898, ‘‘Federal Actions to foreclosures of future options that action which was not identified as the Address Environmental Justice in would be likely to result from the preferred action in the final EIS, or Minority Populations and Low-Income alternatives. proposes to make substantial changes in Populations’’ and the DOT Order on (p) A brief discussion of the the mitigation measures or findings Environmental Justice. relationship between local short-term discussed in the draft record of (21) Sites of historical, archeological, uses of the environment affected by the decision, the revised record of decision architectural, or cultural significance. In alternatives, and the maintenance and shall be processed internally in the accordance with section 106 of the enhancement of long-term productivity same manner as EIS approval, in National Historic Preservation Act, 16 in that environment. U.S.C. 470(f), the EIS shall identify all (q) Any 4(f) determination covering accordance with section 13(c) of these properties which may be affected by the the same proposed action as the EIS. Procedures. alternatives that are included in or (r) A compilation of all applicable 16. Effective Date Federal, State and local permits, eligible for inclusion in the National These Procedures were effective as of licenses, and approvals which are Register of Historic Places. For a July 30, 1979 and apply to all FRA required before the proposed action may property not included in the National actions undertaken after that date. Register, the criteria for inclusion may commence. The final EIS should reflect be found in 36 CFR Part 60. There that there has been compliance with the Dated: May 18, 1999. should be evidence of consultation with requirements of all applicable Jolene M. Molitoris, the appropriate State Historic environmental laws and orders. If such Administrator. Preservation Officer and in case of compliance is not possible by the time [FR Doc. 99–13262 Filed 5–25–99; 8:45 am] disagreement with the Department of of final EIS preparation, the EIS should BILLING CODE 4910±62±U the Interior as to whether a property is reflect consultation with the appropriate eligible for the National Register. The agencies and provide reasonable criteria of effect on historic properties assurance that the requirements can be DEPARTMENT OF TRANSPORTATION found in 36 CFR Part 800 should be met. discussed with regard to each (s) In a final EIS, a compilation of all Research and Special Programs alternative. In the final EIS, there should responsible comments received on the Administration be evidence of consultation, concerning draft EIS, whether made in writing or at Office of Hazardous Materials Safety; the impacts of the proposed action on a public hearing, and responses to each Notice of Applications for Exemptions historic properties, with the appropriate comment. Comments may be collected State Historic Preservation Officer(s), and summarized except for comments AGENCY: Research and Special Programs and with State or local historical by Federal agencies and where Administration, DOT. societies, museums, or academic otherwise required by Federal law or ACTION: List of Applicants for institutions having special expertise. In regulation. Every effort should be made Exemptions. the event that the FRA in consultation to resolve significant issues before the with the State Historic Preservation EIS is put into final form. The final EIS SUMMARY: In accordance with the Officer finds that a proposed action will should reflect such issues, consultation procedures governing the application have an adverse effect on such property, and efforts to resolve such issues, for, and the processing of, exemptions there should also be evidence in the including an explanation of why any from the Department of Transportation’s final EIS of subsequent consultation remaining issues have not been Hazardous Materials Regulations (49 with the Advisory Council on Historic resolved. CFR Part 107, Subpart B), notice is Preservation. A 4(f) determination may (t) An index, if possible and useful. hereby given that the Office of also be required in the EIS, as provided (u) Signature and date indicating the Hazardous materials Safety has received in section 12 of these Procedures. approval of the Administrator as the applications described herein. Each (22) Construction impacts. The EIS required by section 13(c) of these mode of transportation for which a should identify and assess the impacts Procedures. particular exemption is requested is

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NEW EXEMPTIONS

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

12250±N ...... RSPA±1999± New Mexico State High- 49 CFR 173.415 ...... To authorize the transportation in commerce of a 5793 way & Transportation Type A packaging, Class 7 without required doc- Hwy., Santa Fe, NM. umentation of tests and engineering evaluation on file showing the construction methods, pack- aging design, and materials of construction. (mode 1) 12251±N ...... RSPA±1999± Four Seasons Environ- 49 CFR 180.405 ...... To authorize the transportation in commerce of 5494 mental, Greensboro, flammable liquids, n.o.s., Class 3, in non-DOT NC. specification cargo tanks. (mode 1) 12258±N ...... RSPA±1999± JL Shepherd & Associ- 49 CFR 171.18, 171.19, To authorize the transportation in commerce of a 5602 ates, San Fernando, 171.20. specically designed device containing Radio- CA. active material, Class 7. (mode 1) 12259±N ...... RSPA±1999± GlaxoWellcome Re- 49 CFR 173.196 ...... To authorize the transportation in commerce of 5601 search, Triangle Park, etiologic agents (infectious substances) in alter- NC. native packagings. (mode 1) 12260±N ...... RSPA±1999± Dodson International Air, 49 CFR 172.101(9b), To authorize the transportation in commerce of cer- 5600 Douglasville, GA. 172.204(c), tain Division 1.1, 1.2, 1.3 and 1.4 explosives 173.27(b)(2) & (3), which are forbidden or exceed quantities author- 175.30(a)(1). ized for transportation. (mode 4) 12261±N ...... RSPA±1999± Medical Equipment & 49 CFR 173.196 ...... To authorize the transportation in commerce of an 5599 Maintenance Co., alternative secondary packaging for use in trans- Rockville, MD. porting infectious substances (etiologic agents). (mode 1) 12263±N ...... RSPA±1999± Orbital Sciences Corp., 49 CFR 172, Subparts C, To authorize the transportation in commerce of a 5597 Dulles, VA. D, E, F & G. specially designed device containing various haz- ardous materials to be transported as essentially unregulated. (mode 4) 12266±N ...... RSPA±1999± Toyota Motor Sales, 49 CFR 172.301(c), To authorize the transportation in commerce of 5636 U.S.A., Torrance, CA. 173.4(a)(4) and (a)(10). small quantities of flammable liquids, Class 3, in non-refillable containers enclosed in sealed poly- ethylene bags with overpacks. (mode 1) 12268±N ...... RSPA±1999± Nalco Chemical Co., 49 CFR 173.202, 173.203 To authorize the transportation in commerce of 5638 Naperville, IL. empty non-DOT specification packaging con- taining residual of certain Class 8 materials. (mode 1) 12269±N ...... RSPA±1999± Solutia Inc., St. Louis, 49 CFR 173.31(f) ...... To authorize continued use of DOT 111A100W 5639 MO. tanks for in-plant storage inventory of hazardous substances designed as Environmentally Sen- sitive Chemicals without required head protection and metal jacket. (mode 2) 12274±N ...... RSPA±1999± Snow Peak USA, Inc., 49 CFR 173.304(d)(3)(ii), To authorize the transportation of Liquefied petro- 5707 Lake Oswego, OR. 178.33. leum gas in non-refillable, non-DOT specification inside containers conforming to the DOT Speci- fication 2P except for size, testing requirements, marking and maximum charging pressure. (modes 1, 2, 3, 4)

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[FR Doc. 99–13247 Filed 5–25–99; 8:45 am] Hazardous Materials Regulations (49 applications have been separated from BILLING CODE 4910±60±M CFR Part 107, Subpart B), notice is the new applications for exemptions to hereby given that the Office of facilitate processing. Hazardous Materials Safety has received DATES: Comments must be received on DEPARTMENT OF TRANSPORTATION the applications described herein. this or before (15 days after publication). Research and Special Programs notice is abbreviated to expedite ADDRESS COMMENTS TO: Records Center, Administration docketing and public notice. Because Research and Special Programs the sections affected, modes of Administration, U.S. Department of Office of Hazardous Materials Safety; transportation, and the nature of Transportation, Washington, DC 20590. Notice of Applications for Modification application have been shown in earlier Comments should refer to the of Exemption Federal Register publications, they are application number and be submitted in not repeated here. Request for triplicate. If confirmation of receipt of AGENCY: Research and Special Programs modifications of exemptions (e.g. to comments is desired, include a self- Administration, DOT. provide for additional hazardous addressed stamped postcard showing ACTION: List of applications for materials, packaging design changes, the exemption number. modification of exemptions. additional mode of transportation, etc.) FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the are described in footnotes to the Copies of the applications are available procedures governing the application application number. Application for inspection in the Records Center, for, and the processing of, exemptions numbers with the suffix ‘‘M’’ denote a Nassif Building, 400 7th Street SW, from the Department of Transportation’s modification request. These Washington, DC.

Modification of Application No. Docket No. Applicant exemption

8723±M ...... Dyno Nobel, Inc., Salt Lake City, UT 1 ...... 8723 10821±M ...... BFI Waste Systems of North America, Inc., Atlanta, GA 2 ...... 10821 10826±M ...... BFI Waste Systems of North America, Inc., Atlanta, GA 3 ...... 10826 10832±M ...... Autoliv ASP, Inc., Ogden, UT 4 ...... 10832 10874±M ...... BFI Waste Systems of North America, Inc., Atlanta, GA 5 ...... 10874 11248±M ...... HAZMATPAC, Houston, TX 6 ...... 11248 11380±M ...... Baker Atlas, Houston, TX 7 ...... 11380 11447±M ...... SAES Pure Gas, Inc., San Luis Obispo, CA 8 ...... 11447 11485±M ...... Zeneca, Inc., Wilmington DE 9 ...... 11485 11537±M ...... Los Angeles Chemical Company, South Gate, CA 10 ...... 11537 11537±M ...... Hasa, Inc., Santa Clarita, CA 11 ...... 11537 11537±M ...... Hawkins Chemical, Inc., Minneapolis, MN 12 ...... 11537 11769±M ...... Great Western Chemical Company, Portland, OR 13 ...... 11769 11881±M ...... RSPA±1997±2132 Wampum Hardware Company, New Galilee, PA 14 ...... 11881 11903±M ...... RSPA±1997±2604 Comptank Corporation, Bothwell, Ontario, CA 15 ...... 11903 11986±M ...... RSPA±1998±3171 Department of Defense (MTMC), Falls Church, VA 16 ...... 11986 12063±M ...... RSPA±1998±3827 The Hydrocarbon Flow Specialist, Morgan City, LA 17 ...... 12063 12074±M ...... RSPA±1998±3841 Van Hool NV, B±2500 Lier Koningshooikt, BE 18 ...... 12074 12118±M ...... RSPA±1998±4210 Taylor-Wharton Gas Equipment, Theodore, AL 19 ...... 12118 12143±M ...... RSPA±1998±4477 Suburban Propane, Anchorage, AK 20 ...... 12143 12232±M ...... RSPA±1999±5204 Bell Helicopter, Hurst, TX 21 ...... 12232 12255±M ...... RSPA±1999±5579 TI/Martin JAVELIN Joint Venture, Lewisville, TX 22 ...... 12255 1 To modify the exemption to allow for an additional design for the emulsion tote bin for bulk shipments of certain Division 1.5 explosives and/ or Division 5.1 oxidizers. 2 To modify the exemption to relieve the marking requirements of inner packages, inside roll off containers, when transporting regulated med- ical waste from a single offeror. 3 To modify the exemption to eliminate the quantity requirement for puncture-resistant sharps containers and film thickness of plastic bags as inner containers for use in transporting regulated medical waste. 4 To modify the exemption to provide for additional facilities and Class 9 material. 5 To modify the exemption to eliminate the quantity requirement for puncture-resistant sharps containers and film thickness of plastic bags as inner containers for use in transporting regulated medical waste. 6 To modify the exemption to allow for passenger-carrying aircraft as an additional mode of transportation for the transportation of certain haz- ardous materials in specially designed combination type packagings without required labelling and placarding in limited quantities. 7 To modify the exemption to allow for design changes of the non-DOT specification cylinder for the transportation of certain compressed hy- drocarbon gases. 8 To modify the exemption to allow for regulatory changes to the design, fabrication and marking of the pressure vessel as set forth in the req- uisite design code in the country of final destination for the transportation of certain Division 4.2 hazardous materials. 9 To modify the exemption to provide for Division 4.3 as an additional class of material for tank cars authorized to remain standing with unload- ing connections attached when no product is being transferred, provided that a minimal level of monitoring is maintained. 10 To modify the exemption to authorize Class 3 hazardous materials and those hazardous materials currently authorized to be shipped in UN31H2 IBCs that are securely mounted to a flatbed trailer, but not removed from the vehicle prior to loading or unloading of the container. 11 To modify the exemption to increase packaging capacities not exceeding 610 gallons for the transportation of certain Class 8 materials in IBCs that are securely mounted to a flatbed trailer, but not removed from the vehicle prior to loading or unloading of the container. 12 To modify the exemption to provide for additional Class 8 materials in IBCs that are securely mounted to a flatbed trailer, but not removed from the vehicle prior to loading or unloading of the container. 13 To modify the exemption to provide for Division 5.1 as an additional class of material and allow for UN-marked compatible IBCs having ca- pacities not exceeding 550 gallons without removing the IBC from the vehicle on which it is transported. 14 To modify the exemption to provide for passengers and their respective vehicles to be permitted on the vessel during the transport of explo- sives for quarry operations.

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15 To modify the exemption to allow for the manufacture, marking and sale of various size non-DOT specification cargo tanks from 600 gallon to 6,150 gallon vessels manufactured from glass fiber reinforced plastics for use in transporting various Division 6.1, Class 3, 8 or 9 hazardous materials. 16 To modify the exemption to allow for ventilation of cargo holds during maintenance operations. 17 To modify the exemption to provide for additional Class 8 hazardous materials in IM 101 tanks equipped with an external bottom discharge valve. 18 To modify the exemption to allow for minor editorial drawing changes/addition of Code Cases 2261 and 2265 for the manufacture, mark and sale of DOT Specification steel portable tanks designed, constructed and stamped in accordance with Division 2 of Section VIII of the ASME BPV Code for the transport of Division 2.1 and 2.2 materials. 19 To modify the exemption to add/update drawings to match manufacturing fabrication, assembly sequences and procedures for the manufac- ture, marking, sale and use of DOT Specification 4L welded insulated cylinders and assemblies mounted to a handling skid for transporting Divi- sion 2.2 material; approval to utilize an additional steel handling skid. 20 To reissue the exemption originally issued on an emergency basis authorizing the transportation of propane that exceeds the quantity limita- tions per package, when offered for transportation by air. 21 To reissue the exemption originally issued on an emergency basis for the transportation in commerce of a Division 1.3 explosive device in- stalled in an aircraft/helicopter wing with relief from marking, labeling and packaging requirements. 22 To reissue the exemption originally issued on an emergency basis for transportation in a non-DOT specification cylinder of a limited quantity compressed gas without shipping papers, marking, and labeling.

This notice of receipt of applications Donnelly & Bayh, LLP, 1350 Eye Street, (newspaper publication), and 49 CFR for modification of exemptions is N.W., Suite 200, Washington, DC 1152.50(d)(1) (notice to governmental published in accordance with Part 107 20005–3324. agencies) have been met. of the Federal hazardous materials Board decisions and notices are As a condition to this exemption, any transportation law (49 U.S.C. 5117(b); available on our website at employee adversely affected by the 49 CFR 1.53(b)). ‘‘WWW.STB.DOT.GOV.’’ abandonment shall be protected under Oregon Short Line R. Co.— Issued in Washington, DC, on May 20, Decided: May 19, 1999. Abandonment— Goshen, 360 I.C.C. 91 1999. By the Board, David M. Konschnik, (1979). To address whether this J. Suzanne Hedgepeth, Director, Office of Proceedings. condition adequately protects affected Vernon A. Williams, Director, Office of Hazardous Materials employees, a petition for partial Exemptions and Approvals. Secretary. revocation under 49 U.S.C. 10502(d) [FR Doc. 99–13248 Filed 5–25–99; 8:45 am] [FR Doc. 99–13226 Filed 5–25–99; 8:45 am] must be filed. Provided no formal BILLING CODE 4910±60±M BILLING CODE 4915±00±P expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION effective on June 25, 1999, unless stayed pending reconsideration. Petitions to Surface Transportation Board Surface Transportation Board stay that do not involve environmental [STB Finance Docket No. 33742] [STB Docket No. AB±364 (Sub±No. 4X)] issues,1 formal expressions of intent to file an OFA under 49 CFR Dakota, Missouri Valley & Western Mid-Michigan Railroad, Inc.Ð 1152.27(c)(2),2 and trail use/rail banking Railroad, Inc.ÐLease and Operation Abandonment ExemptionÐin Kent and requests under 49 CFR 1152.29 must be ExemptionÐCanadian Pacific Railway Ionia Counties, MI filed by June 7, 1999. Petitions to reopen Dakota, Missouri Valley & Western Mid-Michigan Railroad, Inc. (MMRR) or requests for public use conditions Railroad, Inc., a Class III rail carrier, has has filed a notice of exemption under 49 under 49 CFR 1152.28 must be filed by filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt June 15, 1999, with: Surface CFR 1150.41 to lease and operate Abandonments to abandon a 5-mile line Transportation Board, Office of the approximately 58.41 miles of rail line of its railroad between milepost 105.5, Secretary, Case Control Unit, 1925 K from Canadian Pacific Railway between near Lowell, and milepost 110.5, at Street, N.W., Washington, DC 20423. A copy of any petition filed with the milepost 264.37, at Oakes, and milepost Elmdale, in Kent and Ionia Counties, Board should be sent to applicant’s 205.96, at Hankinson, in Dickey, Sargent MI. The line traverses United States representative: Karl Morel, Ball Janik and Richland Counties, ND. Postal Service Zip Codes 49331 and LLP, 1455 F St., N.W., Suite 225, The transaction is scheduled to be 49302. Washington, DC 20005. consummated on or after the May 19, MMRR has certified that: (1) No local If the verified notice contains false or 1999 effective date of the exemption. traffic has moved over the line for at misleading information, the exemption If the notice contains false or least 2 years; (2) there has been no local is void ab initio. misleading information, the exemption or overhead traffic on the line during MMRR has filed an environmental is void ab initio. Petitions to revoke the the past 2 years; (3) no formal complaint report which addresses the effects, if exemption under 49 U.S.C. 10502(d) filed by a user of rail service on the line any, of the abandonment on the may be filed at any time. The filing of (or by a state or local government entity a petition to revoke does not acting on behalf of such user) regarding 1 The Board will grant a stay if an informed automatically stay the transaction. cessation of service over the line either decision on environmental issues (whether raised An original and 10 copies of all is pending with the Surface by a party or by the Board’s Section of pleadings, referring to STB Finance Transportation Board (Board) or with Environmental Analysis in its independent investigation) cannot be made before the Docket No. 33742, must be filed with any U.S. District Court or has been exemption’s effective date. See Exemption of Out- the Surface Transportation Board, Office decided in favor of complainant within of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any of the Secretary, Case Control Unit, 1925 the 2-year period; and (4) the request for a stay should be filed as soon as possible K Street, N.W., Washington, DC 20423– requirements at 49 CFR 1105.7 so that the Board may take appropriate action before the exemption’s effective date. 0001. In addition, a copy of each (environmental reports), 49 CFR 1105.8 2 Each offer of financial assistance must be pleading must be served on Kevin M. (historic reports), 49 CFR 1105.11 accompanied by the filing fee, which currently is Sheys, Esq., Oppenheimer Wolff (transmittal letter), 49 CFR 1105.12 set at $1000. See 49 CFR 1002.2(f)(25).

VerDate 06-MAY-99 22:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.XXX pfrm07 PsN: 26MYN1 28560 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Notices environment and historic resources. The DATES: Written comments should be comments will become a matter of Section of Environmental Analysis received on or before July 26, 1999 to be public record. Comments are invited on: (SEA) will issue an environmental assured of consideration. (a) Whether the collection of assessment (EA) by May 28, 1999. ADDRESSES: Direct all written comments information is necessary for the proper Interested persons may obtain a copy of to Garrick R. Shear, Internal Revenue performance of the functions of the the EA by writing to SEA (Room 500, Service, room 5571, 1111 Constitution agency, including whether the Surface Transportation Board, Avenue NW, Washington, DC 20224. information shall have practical utility; Washington, DC 20423) or by calling FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate SEA, at (202) 565–1545. Comments on Requests for additional information or of the burden of the collection of environmental and historic preservation copies of the revenue procedure should information; (c) ways to enhance the matters must be filed within 15 days be directed to Carol Savage, (202) 622– quality, utility, and clarity of the information to be collected; (d) ways to after the EA becomes available to the 3945, Internal Revenue Service, room minimize the burden of the collection of public. 5569, 1111 Constitution Avenue NW., information on respondents, including Environmental, historic preservation, Washington, DC 20224. public use, or trail use/rail banking through the use of automated collection SUPPLEMENTARY INFORMATION: techniques or other forms of information conditions will be imposed, where Title: Uniform Closing Agreement— appropriate, in a subsequent decision. technology; and (e) estimates of capital Modified Endowment Contracts. or start-up costs and costs of operation, Pursuant to the provisions of 49 CFR OMB Number: 1545–1652. 1152.29(e)(2), MMRR shall file a notice maintenance, and purchase of services Revenue Procedure Number: Revenue to provide information. of consummation with the Board to Procedure 99–27. signify that it has exercised the Abstract: This revenue procedure Approved: May 19, 1999. authority granted and fully abandoned provides the procedures under which Garrick R. Shear, its line. If consummation has not been insurance companies may cure IRS Reports Clearance Officer. effected by MMRR’s filing of a notice of inadvertent nonegregious overfunding [FR Doc. 99–13252 Filed 5–25–99; 8:45 am] consummation by May 26, 2000, and errors that cause life insurance contracts BILLING CODE 4830±01±U there are no legal or regulatory barriers to become modified endowment to consummation, the authority to contracts under Internal Revenue Code abandon will automatically expire. section 7702A. To obtain relief, a life DEPARTMENT OF THE TREASURY Board decisions and notices are insurance company must file a ruling available on our website at request, together with an executed Internal Revenue Service ‘‘WWW.STB.DOT.GOV.’’ closing agreement that is substantially Proposed Collection; Comment Decided: May 19, 1999. the same as the model agreement Request for Form 2678 By the Board, David M. Konschnik, provided in the revenue procedure. The Director, Office of Proceedings. revenue procedure is effective as of May AGENCY: Internal Revenue Service (IRS), Vernon A. Williams, 18, 1999, but is limited to relief requests Treasury. Secretary. received on or before May 31, 2001. ACTION: Notice and request for Current Actions: There are no changes comments. [FR Doc. 99–13225 Filed 5–25–99; 8:45 am] being made to the revenue procedure at BILLING CODE 4915±00±P this time. SUMMARY: The Department of the Type of Review: Extension of a Treasury, as part of its continuing effort currently approved collection. to reduce paperwork and respondent Affected Public: Business or other for- burden, invites the general public and DEPARTMENT OF THE TREASURY profit organizations. other Federal agencies to take this opportunity to comment on proposed Internal Revenue Service Estimated Number of Respondents: 200. and/or continuing information Proposed Collection; Comment Estimated Time per Respondent: 100 collections, as required by the Request for Revenue Procedure 99±27 hours. Paperwork Reduction Act of 1995, Pub. Estimated Total Annual Burden L. 104–13 (44 U.S.C. 3506(c)(2)(A)). AGENCY: Internal Revenue Service (IRS), Hours: 20,000 hours. Currently, the IRS is soliciting Treasury. The following paragraph applies to all comments concerning Form 2678, Employer Appointment of Agent. ACTION: Notice and request for of the collections of information covered comments. by this notice: DATES: Written comments should be An agency may not conduct or received on or before July 26, 1999 to be SUMMARY: The Department of the sponsor, and a person is not required to assured of consideration. Treasury, as part of its continuing effort respond to, a collection of information ADDRESSES: Direct all written comments to reduce paperwork and respondent unless the collection of information to Garrick R. Shear, Internal Revenue burden, invites the general public and displays a valid OMB control number. Service, room 5571, 1111 Constitution other Federal agencies to take this Books or records relating to a collection Avenue NW, Washington, DC 20224. opportunity to comment on proposed of information must be retained as long FOR FURTHER INFORMATION CONTACT: and/or continuing information as their contents may become material Requests for additional information or collections, as required by the in the administration of any internal copies of the form and instructions Paperwork Reduction Act of 1995, Pub. revenue law. Generally, tax returns and should be directed to Carol Savage, L. 104–13 (44 U.S.C. 3506(c)(2)(A)). tax return information are confidential, (202) 622–3945, Internal Revenue Currently, the IRS is soliciting as required by 26 U.S.C. 6103. Service, room 5569, 1111 Constitution comments concerning Revenue Request for Comments: Comments Avenue NW, Washington, DC 20224. Procedure 99–27, Uniform Closing submitted in response to this notice will SUPPLEMENTARY INFORMATION: Agreement—Modified Endowment be summarized and/or included in the Title: Employer Appointment of Contracts. request for OMB approval. All Agent.

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OMB Number: 1545–0748. Estimated Total Annual Burden (a) Whether the collection of Form Number: 2678. Hours: 47,600. information is necessary for the proper Abstract: Internal Revenue Code The following paragraph applies to all performance of the functions of the section 3504 authorizes a fiduciary, of the collections of information covered agency, including whether the agent or other person to perform acts of by this notice: information shall have practical utility; an employer for purposes of An agency may not conduct or (b) the accuracy of the agency’s estimate employment taxes. Form 2678 is used to sponsor, and a person is not required to of the burden of the collection of empower an agent with the respond to, a collection of information information; (c) ways to enhance the responsibility and liability of collecting unless the collection of information quality, utility, and clarity of the and paying the employment taxes displays a valid OMB control number. information to be collected; (d) ways to including backup withholding and Books or records relating to a minimize the burden of the collection of filing the appropriate tax return. collection of information must be information on respondents, including Current Actions: There are no changes retained as long as their contents may through the use of automated collection being made to the form at this time. become material in the administration techniques or other forms of information Type of Review: Extension of a of any internal revenue law. Generally, technology; and (e) estimates of capital currently approved collection. tax returns and tax return information or start-up costs and costs of operation, Affected Public: Business or other for- are confidential, as required by 26 maintenance, and purchase of services profit organizations, not-for-profit U.S.C. 6103. to provide information. institutions, farms and the Federal Request for Comments: Comments Approved: May 14, 1999. Government. submitted in response to this notice will Estimated Number of Respondents: be summarized and/or included in the Garrick R. Shear, 95,200. request for OMB approval. All IRS Reports Clearance Officer. Estimated Time Per Respondent: 30 comments will become a matter of [FR Doc. 99–13253 Filed 5–25–99; 8:45 am] minutes. public record. Comments are invited on: BILLING CODE 4830±01±U

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ENVIRONMENTAL PROTECTION reference of certain publications listed D. Executive Order 12875 AGENCY in the regulations is approved by the E. Executive Order 13084 Director of the Federal Register as of F. Paperwork Reduction Act 40 CFR Parts 72 and 75 June 25, 1999. G. Regulatory Flexibility H. Submission to Congress and the General ADDRESSES: Docket. Supporting [FRL±6320±8] Accounting Office information used in developing the RIN 2060±AG46 I. Executive Order 13045 regulations is contained in Docket No. J. National Technology Transfer and A–97–35. This docket is available for Acid Rain Program; Continuous Advancement Act public inspection and photocopying Emission Monitoring Rule Revisions between 8:00 a.m. and 5:30 p.m. I. Regulated Entities AGENCY: Monday through Friday, excluding Environmental Protection Entities regulated by this action are government holidays and is located at: Agency (EPA). fossil fuel-fired boilers and turbines that EPA Air Docket (MC 6102) , Room M– ACTION: Final rule. serve generators producing electricity, 1500, Waterside Mall, 401 M Street, SW, generate steam, or cogenerate electricity SUMMARY: Title IV of the Clean Air Act Washington, DC 20460. A reasonable fee and steam. While part 75 primarily (CAA or the Act), as amended by the may be charged for photocopying. regulates the electric utility industry, Clean Air Act Amendments of 1990, FOR FURTHER INFORMATION CONTACT: authorizes the Environmental Protection the recent promulgation of 40 CFR part Monika Chandra, Acid Rain Division 96 and certain revisions to part 75 (see Agency (EPA or Agency) to establish the (6204J), U.S. Environmental Protection Acid Rain Program. The Acid Rain 63 FR 57356, October 27, 1998) means Agency, 401 M Street, SW, Washington, that part 75 could potentially affect Program and the provisions in this final DC 20460, (202) 564–9781. rule benefit the environment by other industries. The recent adoption of SUPPLEMENTARY INFORMATION: The part 96, together with revisions to part ensuring that the sulfur dioxide (SO2), contents of the preamble are listed in 75, include nitrogen oxides (NOX) mass nitrogen oxides (NOX) and carbon the following outline: provisions for the purpose of serving as dioxide (CO2) air pollution emissions to be measured and tracked pursuant to I. Regulated Entities a model which could be adopted by a the provisions of 40 CFR part 75 are II. Background and Summary of Final Rule state, tribal, or federal NOX mass accurately monitored and reported. III. Summary of Major Comments and reduction program covering the electric Responses These provisions also benefit the utility and other industries. Regulated A. Certification/Recertification Procedural categories and entities include: regulated entities by providing Changes additional flexibility and improved cost B. Quality Assurance Requirements for Examples of regu- effectiveness to the monitoring and Quantifying Stack Gas Moisture Content Category lated entities reporting options available to part 75 C. Percent Monitor Availability subject sources. On January 11, 1993, D. Span and Range Requirements Industry ...... Electric service pro- the Agency promulgated final rules, E. Flow-to-Load Ratio Test Requirements viders, boilers, tur- including the final continuous emission F. RATA and Bias Test Requirements bines and other monitoring (CEM) rule, under title IV. 1. RATA Load Levels process sources 2. Single Point Reference Method Sampling where emissions On May 17, 1995 and November 20, G. Data Validation 1996, the Agency revised the CEM rule exhaust through a 1. Data Validation During Monitor stack. to make the implementation simpler. On Certification and Recertification May 21, 1998, the Agency proposed 2. Data Validation for RATAs and Linearity additional revisions to the CEM rule, to Checks This table is not intended to be make implementation easier and more H. Appendix D—Sulfur Dioxide Emissions exhaustive, but rather provides a guide efficient for both EPA and the facilities from the Combustion of Gaseous Fuels for readers regarding entities likely to be affected by the rule, to improve quality 1. Summary of EPA Analysis of Appendix regulated by this action. This table lists assurance requirements, and to create D Gaseous Fuel SO2 and Heat Input the types of entities which EPA is now Methodologies new alternative monitoring options. aware could potentially be regulated by 2. Changes to the Definitions of ‘‘Pipeline this action. Other types of entities not EPA promulgated final rule revisions Natural Gas’’ and ‘‘Natural Gas’’ addressing some of these additional 3. Changes to the Methodology for listed in the table could also be regulated. To determine whether your proposed revisions, based on comments Calculating SO2 Emissions Under received, when EPA promulgated a Appendix D facility, company, business, Finding of Significant Contribution and 4. Changes to the Applicability of organization, etc., is regulated by this Rulemaking for Certain States in the Appendix D action, you should carefully examine Ozone Transport Assessment Group 5. Changes to the Method of Determining the applicability provisions in §§ 72.6, Region for Purposes of Reducing the Sulfur Content Sampling Frequency 72.7, 72.8, and part 96 of title 40 of the for Gaseous Fuels Regional Transport of Ozone (NOX SIP Code of Federal Regulations. If you have 6. Changes to the Method of Determining questions regarding the applicability of call). the GCV Sampling Frequency for In this action, EPA is issuing final Gaseous Fuels this action to a particular entity, consult rule revisions addressing the remaining I. Electronic Transfer of Quarterly Reports the person listed in the preceding FOR May 21, 1998 proposed revisions to the J. Bias, Relative Accuracy and Availability FURTHER INFORMATION CONTACT section of CEM rule, with certain changes to the Determinations this preamble. proposal based on the public comments K. Appendix I—Proposed Optional Stack Flow Monitoring Methodology II. Background and Summary of Final received. Some of these revisions will Rule be relevant for sources that become L. Subpart H—Clarifications to NOX Mass subject to part 75 requirements in Monitoring Requirements IV. Administrative Requirements Title IV of the Act requires EPA to response to the NOX SIP call. A. Public Docket establish an Acid Rain Program to DATES: The effective date of this rule is B. Executive Order 12866 reduce the adverse effects of acidic June 25, 1999. The incorporation by C. Unfunded Mandates Reform Act deposition. On January 11, 1993, the

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Agency promulgated final rules on experience gained in the early years 1997 were disapproved’’ (63 FR 28045, implementing the program, including of the program, facilities have citing Docket A–97–35, Item II–A–4). As the CEM rule (58 FR 3590). Notices of developed a number of suggestions that experience with the program increases, direct final rulemaking and of interim will simplify and streamline the the number of disapprovals is expected final rulemaking further amending the monitoring process without sacrificing to decrease even further. In addition, regulations were published on May 17, data quality. The Agency has also EPA’s position is that the owners or 1995 (60 FR 26510 and 60 FR 26560). amended quality assurance operators of affected facilities are Subsequently, on November 20, 1996, a requirements based on gaps identified responsible for initiating, conducting, final rule was published in response to by EPA during evaluation of the initial evaluating and certifying the results of public comments received on the direct implementation of part 75. Finally, the required testing prior to submission final and interim rules (61 FR 59142). several minor technical changes have to the appropriate regulatory Agencies. On May 21, 1998, the Agency published been made in order to maintain The Agencies’ role is to ‘‘certify’’ or proposed revisions to the part 75 CEM uniformity within the rule itself and to verify the results. Thus, there is no regulations (62 FR 28032). As noted clarify various provisions. reason to expect that the additional time above, EPA recently promulgated final provided to meet the administrative revisions to part 75 addressing some of III. Summary of Major Comments and needs of the program will result in any the May 21, 1998, proposed revisions in Responses significant compliance risk to the conjunction with the promulgation of a A. Certification/Recertification regulated sources, except in instances Model NOX Trading Rule in part 96 and Procedural Changes where insufficient care is taken to the NOX SIP call (see 63 FR 57356). ensure proper conduct of the testing. Today’s action adopts final part 75 Background: EPA proposed to revise Two commenters stated that the revisions to address the remaining May the recertification application review owner or operator would be in violation 21, 1998, proposed revisions and to period in § 75.20(b)(5) from 60 days to of the requirements of proposed make minor technical corrections to the 120 days, which is the same review § 75.33(d) and § 75.10(a) if a part 75 provisions promulgated in period as for the initial certification recertification application were application. The Agency believes that conjunction with part 96 and the NOX disapproved after 120 days (see Docket SIP Call. The final revisions involve the this will reduce confusion, simplify A–97–35, Items IV–D17 and IV–D–23) following matters: (1) revised certification/recertification application because the percent monitor availability definitions of gas-fired, oil-fired, and tracking, and will result in the more would be below 80%. These proposed peaking unit to allow for changes in unit efficient allocation of resources by local, penalties have been withdrawn from the fuel usage and/or operation; (2) a minor state, and federal agencies. Therefore, final rule in response to comments wording correction to the applicability EPA has adopted this change in the final received. Today’s final rule does not provisions in part 72; (3) new quality rule with certain modifications in treat a percent monitor data availability assurance/quality control (QA/QC) response to issues raised by of less than 80% as a violation. Instead, requirements for quantifying stack gas commenters. the final rule provides that if percent moisture content; (4) clarifying changes Discussion: Two states responded monitor data availability is less than to the certification and recertification positively to the proposed change. One 80%, then the appropriate maximum process; (5) substitute data requirements state commented that the increased value (e.g., maximum potential for carbon dioxide (CO2), heat input and review time ‘‘will allow more effective concentration) or, in some cases, the moisture; (6) clarifying revisions to the use of staff resources and provide ample appropriate minimum potential value petition provisions for alternatives to time for a thorough review of the data will be used to provide substitute data part 75 requirements; (7) clarifying submitted in the application’’ (see (see Section C of this preamble for a changes to span and range requirements; Docket A–97–35, Item IV–D–6). Another further discussion of these provisions). (8) clarifying revisions to general QA/ state commenter remarked that Several commenters suggested that QC requirements; (9) calibration error extending the review period ‘‘adds since the review of the initial test requirements; (10) linearity test uniformity and consistency to the certification applications for the Acid requirements; (11) a new flow-to-load certification and recertification process. Rain Phase I and Phase II units has been QA test for flow monitors; (12) This change is positive, and it allows completed, the burden on the states and reductions in and/or clarifications to the the state agencies the time to resolve EPA has been removed . Therefore, it relative accuracy test audit (RATA) and minor deficiencies which may should not take EPA 120 days to review bias test requirements; (13) clarifying otherwise serve as grounds to recertification applications (see Docket revisions to the procedures for CEM recommend disapproval. Based on A–97–35, Items IV–D–14, IV–D–20, and data validation; (14) clarifying revisions experience, the 120 day period is IV–D–24). This argument would be to the sulfur dioxide (SO2) emissions absolutely essential for the review of more compelling if the Acid Rain data protocol for gas-fired and oil-fired certification/recertification Program were the only program that the units (Appendix D); (15) determination applications’’ (see Docket A–97–35, various regulatory agencies are required of CO2 emissions under Appendix G; Item IV–D–9). to implement. However, EPA and the (16) recordkeeping and reporting Several commenters suggested that if States are currently responsible for changes to reflect the proposed EPA disapproved a recertification implementing several other programs revisions; (17) a revised traceability application after the 120 day period, that require comprehensive protocol for calibration gases (Appendix data recorded during the entire 120 day administrative review of various types H); and (18) NOX mass emission period would become invalid and the of applications and petitions (e.g., recordkeeping and reporting provisions, use of substitute data would be required Compliance Assurance Monitoring and minor revisions to NOX mass (see Docket A–97–35, Items IV–D–17, (CAM), the OTC NOX Budget Program, monitoring requirements. IV–D–20 and IV–D–24). However, as the PSD program and Title V Many of these changes are minor EPA stated in the preamble to the permitting). EPA also anticipates that technical revisions based on comments proposal, ‘‘less than 2 percent of all the NOX SIP call will further increase received from facilities following the monitoring system applications the number of certification and initial implementation of part 75. Based submitted between 1992 and September recertification applications and

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It is also measurements directly affects the moisture monitoring systems consisting sometimes difficult to distinguish a accuracy of the reported SO2 mass of wet-and dry-basis O2 analyzers, the recertification application package from emission rates, CO2 mass emission rates, proposed span values and performance an initial certification application NOX emission rates and heat input specifications for calibration error, package, which can complicate tracking values. An error of 1.0 percent H2O in linearity, and cycle time would be the the two types of applications if they measured moisture content causes a 1.0 same as the current specifications for O2 have different review periods. The percent error in the reported emission monitors. For moisture sensors, a recertification process usually requires rate or heat input value. Failure to calibration error specification of 3.0% of that a state or local program perform the quality assure the moisture data can span was proposed. The proposed initial review and forward the results to therefore result in significant under- relative accuracy (RA) specification for the EPA regional office which will then reporting of SO2, CO2, and NOX all moisture monitoring systems would make a recommendation to EPA emissions and heat input. be 10.0 percent. An alternative RA headquarters on whether to approve or In the May 21, 1998 proposed rule, specification was also proposed, i.e., the disapprove the application. This EPA set forth quality assurance RA test results would be considered requires a significant amount of time procedures that would apply to acceptable if the mean difference of the and does not allow much time to moisture monitoring systems because reference method measurements and the coordinate with the source to get moisture monitoring system the Agency believes that when moisture ± additional information, when needed. corrections must be applied, measurements is within 1.0 percent There is more likelihood of a continuous, quality assured, direct H2O. disapproval being issued under a short measurement of the stack gas moisture On-going QA requirements for time frame. Finally, EPA notes that it content or continuous measurement of moisture monitoring systems were also does not have control over the number surrogate parameters for moisture, such proposed. Appendix B would be revised of recertification applications that are as wet-and dry-basis oxygen to require daily calibrations of moisture submitted. Individual utility choices, monitoring systems, quarterly linearity concentrations, is the best way to ensure changes in rules, market conditions, and checks of wet-and dry-basis oxygen the accuracy of the reported emission technology all influence the number of analyzer(s), and semiannual RATAs of data. The proposed rule specified that a recertifications. Therefore, EPA has moisture monitoring systems. Any moisture monitoring system could concluded that extending the moisture monitoring system achieving a consist of either: (1) a continuous application review period from 60 to relative accuracy of ≤7.5 percent or a moisture sensor; (2) an oxygen (O2) 120 days is both necessary and mean difference between the CEMS and analyzer (or analyzers) capable of appropriate. reference method values within ± 0.7 measuring O2 on both a wet basis and percent H2O, would qualify for an B. Quality Assurance Requirements for on a dry basis; or (3) a system consisting annual, rather than semiannual RATA Quantifying Stack Gas Moisture Content of a temperature sensor and a certified frequency. Background: Section 75.11(b) of the data acquisition and handling system Missing data procedures for moisture January 11, 1993 Acid Rain rule requires (DAHS) component capable of were included in the proposed rule in the owner or operator to continuously determining moisture from a lookup a new section, § 75.37. Provided that the (or on an hourly basis) account for the table, i.e., a psychometric chart (this moisture data availability is high (≥90.0 moisture content of the stack gas when third option would apply only to percent), the average of the ‘‘hour SO2 concentration is measured on a dry saturated gas streams following wet before’’ and ‘‘hour after’’ moisture basis. The moisture content is needed to scrubbers). values would be used for each hour of correct the measured hourly stack gas The proposed rule included the missing data period. When the volumetric flow rates to a dry basis requirements for the initial certification percent data availability drops below when calculating SO2 mass emission of moisture monitoring systems. For 90.0 percent, 0.0 percent moisture rates in lb/hr. Section 75.13(a) of the continuous moisture sensors, a 7-day would be substituted for each hour of rule, as amended on May 17, 1995, calibration error test and a relative the missing data period. contains provisions for CO2 monitoring accuracy test audit (RATA) would be Finally, the proposed rule specified paralleling the provisions of § 75.11(b); required. For moisture monitoring that records must be kept for the that is, when CO2 concentration is systems consisting of one or more wet- moisture monitoring systems, including measured on a dry basis, a correction for and dry-basis oxygen analyzers, the hourly average moisture readings, stack gas moisture content is needed to proposed requirements included a 7-day percent data availability, and records of accurately determine the CO2 mass calibration error test, a linearity test and all calibration error tests, linearity tests emissions. The stack gas moisture a cycle time test of each O2 analyzer, and relative accuracy test audits. content is also needed when a dry-basis and a RATA of the moisture Today’s final rule provides a number O2 monitor is used to account for CO2 measurement system. For the lookup of options by which owners or operators emissions and, in some instances, when table option (saturated streams, only), of affected sources may account for the accounting for unit heat input or when the certification requirement would stack gas moisture content on an hourly determining NOX emission rate in lb/ consist of a DAHS verification. The basis. The rule also includes quality mmBtu. proposed rule specified that owners or assurance provisions for moisture As presently codified, part 75 does operators would have to complete all monitoring systems. Today’s rule differs not specify any quality assurance moisture monitoring system from the proposed rule as follows: (1) requirements for moisture measurement certification tests no later than January the alternate specification in terms of devices. Approximately 5 to 10 percent 1, 2000. the mean difference has been increased

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from ± 1.0 to ± 1.5% H2O, but the pollutant and diluent component monitoring system readings agree with principal relative accuracy specification monitors are not determined). the reference method. In this case, for moisture monitoring systems has Several commenters indicated that subtracting 3% moisture from the been promulgated as proposed, at 10.0 they do not believe that a moisture average moisture monitoring system percent; (2) the daily calibration monitoring system can meet the values for each run caused the relative requirement for continuous moisture proposed relative accuracy (RA) accuracy to drop from 16.5% to 2.4%, sensors has been withdrawn; (3) the use specifications of 10.0% for a semiannual which is well below the proposed of the lookup table option has been RATA frequency or 7.5% for an annual 10.0% semiannual and 7.5% annual RA expanded to include any demonstrably RATA frequency. One commenter specifications. For the alternate RA saturated gas stream, rather than expressed the opinion that the RA for a specification, after applying the 3% limiting it to gas streams following wet moisture monitoring system should be moisture correction, the mean difference scrubbers; (4) a site-specific coefficient 15.0% (see Docket A–97–35, Item IV–G– was essentially zero, which is also well or constant (‘‘K’’ factor), determined at 04). Another commenter suggested that below the value of 1.0% moisture the principal RA specification should be the time of the RATA, may be used to proposed for a semiannual RATA 10%

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28568 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations especially in view of the proposed specific default values for moisture in maximum potential moisture percentage moisture QA/QC specifications. After today’s rule (for coal and wood, only), must be used. careful consideration, the Agency agrees which may be reported for each unit Discussion: EPA received one with the commenter and, in response, operating hour, as an alternative to comment that supported making a the final rule adopts the missing data operating and maintaining a continuous percent monitor availability of less than procedures in § 75.37 that are less moisture monitoring system. The 80% a violation (see Docket A–97–35, conservative than the procedures in the default values are found in Item IV–D–11) and another commenter proposed rule and that more closely §§ 75.11(b)(1) and 75.12(b) of today’s favored the provision that if percent resemble the standard missing data rule. Note that two sets of default values monitor availability is below 80% due procedures for SO2, NOX, and flow, as appear in the rule to address the to ‘‘unforseen events beyond our recommended by the commenters. The variability in format among the control,’’ this would be taken into moisture missing data algorithm is equations used for determining consideration (see Docket A–97–35, modeled after the standard SO2 missing pollutant emissions and heat input (as Item IV–G–9). EPA also received data algorithm in § 75.33(b). This is discussed in the previous paragraph). comments objecting to making a percent consistent with the provisions in The lower default values in § 75.11(b)(1) monitor data availability of less than §§ 75.35 and 75.36 of today’s rule, apply to Equations F–2, F–14b, F–16, F– 80% a violation and suggesting that EPA which adopt this algorithm for CO2 and 17 and F–18 in Appendix F of part 75 should modify the standard missing heat input missing data. However, in and to Equations 19–5 and 19–9 in EPA data algorithms for SO2, NOX and flow finalizing the moisture missing data Method 19 in Appendix A of 40 CFR 60. rate to require the use of a maximum provisions, it became evident that a The higher default values in § 75.12(b) substitute data value when monitor single mathematical algorithm is not apply when Equation 19–3, 19–4 or 19– availability drops below 80 percent (see adequate to cover all of the part 75 8 in EPA Method 19 in Appendix A of Docket A–97–35, Items IV–D–17, IV–D– emission rate and heat input equations 40 CFR 60 is used to determine the NOX 19, IV–D–23, IV–D–24). In response to that require moisture corrections. In emission rate. The default values were the comments, the final rule does not most of the equations, the lower determined as follows. The moisture make percent monitor availability of moisture values are more conservative, percentage values (which included both less than 80% a violation and instead provides that if percent monitor data and an ‘‘inverted’’ SO2 missing data ultimate moisture and free moisture) for algorithm is appropriate (for further each fuel type were taken from the availability at a source is less than 80%, discussion of the ‘‘inverted’’ algorithm, appropriate tables in Docket Item IV–A– then the owner or operator of the source see section C of this preamble, below). 2, cited above. The moisture values will have to substitute the appropriate However, there are certain emission rate were then ranked from the lowest maximum value (i.e., MPC for SO2 and equations for which the opposite is true percentage value to the highest CO2, MER for NOX emission rate and (i.e., the higher moisture values are percentage value, and the 10th maximum potential flow rate for flow) as suggested by the commenters. Note more conservative and the regular SO2 percentile value was selected for the missing data algorithm is appropriate). ‘‘low’’ default value and the 90th that for O2 and, in most cases, for The specific equations for which the percentile value was selected for the moisture, minimum potential values will be substituted rather than regular SO2 algorithm applies are ‘‘high’’ default value. Each default Equations F–3, F–4 and F–8 in Method moisture percentage was rounded to the maximum values, since the lower values of these parameters are more 19 in Appendix A of 40 CFR 60. nearest whole number. conservative. However, if Equation 19– Provided that all of the moisture- C. Percent Monitor Availability 3, 19–4 or 19–8 in EPA Method 19 in corrected emission and heat input Appendix A of 40 CFR 60 is used to equations used by an affected facility Background: EPA proposed that if the determine NOX emission rate, higher employ the same moisture missing data annual monitor data availability moisture values are more conservative algorithm (regular or inverted), it is a dropped below 80% for SO2, NOX, flow and the maximum potential moisture simple matter to substitute for missing rate or CO2, this would violate the percentage will be used to provide moisture data. However, when two or primary measurement requirement of substitute data. more equations require different § 75.10(a). In response to comments, The missing data approach set forth in moisture algorithms, an alternative way today’s final rule does not treat a today’s rule to address low monitor data of addressing missing moisture data is percent monitor data availability of less availability retains the basic design of needed. EPA believes that this situation than 80% as a violation. Instead, the the part 75 program and appropriately will rarely be encountered (at present, final rule provides that if percent addresses the need for accountability the Agency’s records indicate that there monitor data availability is less than from sources that are inadequately are only two such affected units in the 80%, then the appropriate maximum maintaining their monitoring systems. Acid Rain Program). Therefore, value (i.e., maximum potential The Agency maintains that this provides § 75.37(d) of today’s rule requires the concentration (MPC) for SO2 and CO2, a strong incentive to achieve at least owner or operator of such units to maximum potential emission rate (MER) 80% monitor availability. Unlike the petition the Administrator under for NOX and maximum potential flow proposed approach of considering § 75.66(l), for an alternative moisture rate for flow) will have to be used as sources to be in violation, the substitute missing data procedure. substitute data for any hour for which data approach adopted today creates Finally, several commenters requested valid data is not available. For O2, the this incentive while rendering that EPA allow the use of a default minimum potential concentration will unnecessary the task of determining and moisture value in lieu of the required be used to provide substitute data. For evaluating the reason(s) for low monitor moisture monitoring (see Docket A–97– moisture, consistent with the discussion data availability. 35, Items IV–D–11, IV–D–02 and IV–D– in section B of this preamble, the 23). The Agency has performed a minimum potential moisture percentage D. Span and Range Requirements moisture data analysis for various fuels will be used in most instances to Background: The span of a CEMS (see Docket A–97–35, Item IV–A–2) and, provide substitute data; however, for provides an estimate of the highest based on the results, has provided fuel- certain emission rate equations, the expected value for the parameter being

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The range of a CEMS is The May 17, 1995 rule also revised (MEC) of SO2 and NOX, and to the the procedures for adjusting the span the full-scale setting of the instrument. criteria for determining whether dual and range of SO2, NOX, and flow Under part 75, the range of a monitor span and range requirements apply. A must be equal to or greater than the span monitors. The original rule had separate MEC determination would be value. Section 2.1 of Appendix A specified that span and range required for each type of fuel further specifies that the range must be adjustments were required whenever combusted, except for fuels that are only chosen such that the majority of the the MPC, the MEC, or the MPV changed used for unit startup or for flame readings during normal operation fall significantly (although a ‘‘significant’’ between 25.0 and 75.0 percent of full- change was undefined). When a stabilization. To determine whether a scale. The span value is important significant change in the MPC, MEC, or second, low-scale span is required in because the reference gas concentrations MPV occurred, a new range setting was addition to the high-scale span based on and signals used for daily calibration of to be established and a new span value the MPC, each of the maximum the CEMS are expressed as percentages defined, equal to 80.0 percent of the expected concentration (MEC) values adjusted range value. The May 17, 1995 would be compared against the MPC. If of the span value. The allowable daily < calibration error for a CEMS is also rule changed this procedure, requiring any of the MEC values was 20.0 expressed as a percentage of span. the new span value to be determined percent of the MPC, a low-scale span Sections 2.1.1 through 2.1.4 of first, followed by the new range. The would be required. Appendix A of the January 11, 1993 rule May 17, 1995 rule also added The proposed rule provided specified procedures for determining procedures for addressing full-scale additional flexibility in the method of the span values for SO2, NOX, diluent exceedances, specifying that the full- calculating span values. The SO2, NOX gas (O2 or CO2), and volumetric flow scale value is to be reported for an or flow rate span value could be set rate. For SO2, the ‘‘maximum potential exceedance of one hour and that a range anywhere between 1.00 and 1.25 times concentration’’ (MPC) was first adjustment is required for an the applicable maximum value (i.e., the calculated based on fuel sampling. The exceedance greater than one hour. MPC, MEC or MPF). For CO2 and O2 MPC values for NOX were specified in After promulgation of the May 17, monitors, the owner or operator would the rule and were based on the type of 1995 rule, EPA continued to receive be given maximum flexibility in fuel being combusted. The SO2 and NOX questions and comments about the span selecting an appropriate span value. For and range sections of part 75. span values were then determined by CO2 monitors installed on boilers, any multiplying the MPC by 1.25. For CO2 Apparently, the span and range sections representative span value between 14.0 of the rule were still not sufficiently and O2, a span value of 20.0 percent CO2 percent and 20.0 percent CO2 would be or O2 was required for all diluent clear, flexible, or detailed and were in acceptable. For combustion turbines, monitors. For flow rate, the ‘‘maximum need of further revision. Therefore, on any representative CO2 span value potential velocity’’ (MPV) was first May 21, 1998, further revisions to the between 6.0 and 14.0 percent CO2 could determined. Then, the span value was span and range provisions were be used. For O2 monitors, a span value obtained by multiplying the MPV by proposed. between 15.0 percent and 25.0 percent 1.25 and rounding off the result. The proposed rule provided an O2 could be selected and an alternative In the January 11, 1993 rule, the SO2 alternative procedure for determining O2 span value of less than 15.0 percent the MPC of SO2 or NOX, requiring the or NOX monitor range derived from the could be used, if supported by an MPC was referred to as the ‘‘high-scale.’’ MPC to be based upon a minimum of acceptable technical justification. The rule further specified that whenever 720 quality assured monitor operating the majority of the readings during hours, rather than 30 unit operating The proposed rule expanded and normal operation were expected to be days. A specific requirement to clarified the guideline in section 2.1 of less than 25.0 percent of the high full- calculate the maximum potential NOX Appendix A for selecting an appropriate scale range value (e.g., if a scrubber is emission rate (MER) was also proposed. full-scale range. The full-scale range used to reduce SO2 emissions), a The owner or operator could use the would be selected so that the readings second, ‘‘low-scale’’ span and range diluent cap value of 5.0 percent CO2 or during typical unit operation fall would be required. The low scale span 14.0 percent O2 for boilers (or 1.0 between 20.0 and 80.0 percent of full- value of the CEMS would be defined as percent CO2 or 19.0 percent O2 for scale, which represents a slight increase 1.25 times the ‘‘maximum expected turbines) in the NOX MER calculation. in flexibility from the 25 to 75 percent concentration’’ (MEC). The proposed rule provided a of full-scale guideline in the current In the first two years of Acid Rain definition of the MPC for CO2. The MPC rule. The proposal also cited three Program implementation, it became would be 14.0 percent CO2 for boilers specific cases in which the guideline in clear that the span and range provisions and 6.0 percent CO2 for combustion section 2.1 is inapplicable: (1) during of part 75 lacked sufficient flexibility turbines. Alternatively, the MPC for CO2 the combustion of very low sulfur fuels and clarity. The May 17, 1995 rule could be based on a minimum of 720 (≤0.05% sulfur by weight); (2) for SO2 or revisions attempted to address these hours of representative quality assured NOX readings on the high range for an deficiencies. Two alternative methods of historical CEM data. A standardized affected unit with SO2 or NOX emission determining the MPC or MEC were procedure for calculating the maximum controls and two span values; and (3) added, i.e., from historical CEMS data or potential flow rate (MPF) was proposed when SO2 or NOX readings are less than from emission test results. For NOX, a and a clear distinction between the 20.0 percent of the low measurement comprehensive list of MPC values was ‘‘calibration span value’’ of a flow range for a dual-span unit with SO2 or promulgated (Tables 2–1 and 2–2 in monitor (expressed in the units of NOX emission controls, provided that Appendix A), taking into consideration measure used for the daily calibrations) the low readings occur during periods of the unit type in addition to the fuel and the ‘‘flow rate span value’’ high control device efficiency.

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The proposed rule specified that the value(s) to the MPC) has been change was undefined in that rule. In following monitoring configurations withdrawn; and (3) an additional today’s rule, a significant change in the could be used to meet dual span and monitoring configuration option has MPC, MEC or MPF means that the range requirements: (1) a single analyzer been provided for units with dual span guideline of section 2.1 of Appendix A with two ranges, or (2) two separate requirements. For units with a dual- ( for the majority of the readings to be analyzers connected to a common probe range SO2 or NOX analyzer, the final between 20 and 80% of the range, with and sample interface. The high and low rule allows the low and high ranges to certain allowable exceptions) cannot be ranges could be designated in the be represented as a single component of met, as determined either by the owner monitoring plan as two separate, a primary SO2 or NOX monitoring or operator or through an audit by a primary monitoring systems, or as system. regulatory agency. The Agency has also separate components of a single, Discussion: EPA received supportive reduced the frequency of mandatory primary monitoring system, or the comments from a number of utilities, evaluations of the MPC, MEC and MPF ‘‘normal’’ range could be designated as regarding several of the proposed span values. In the final rule, only an annual a primary monitoring system, and the and range revisions (see Docket A–97– evaluation of these values is required. other range as a non-redundant backup 35, Items IV–D–20, IV–D–23, IV–D–24, The results of the annual evaluations monitoring system. IV–D–25, and IV–G–01). The must be kept on-site, in a format The proposed rule would allow the commenters generally favored the suitable for inspection. owner or operator to use a ‘‘default increased flexibility in determining SO2, Two commenters stated that the high-range value’’ in lieu of operating, NOX, CO2 and O2 span values and proposed requirement to treat the two maintaining, and quality assuring a supported the concept of a ‘‘default high ranges of a dual-range monitor as high-scale monitor range. The default range value.’’ One commenter, however, separate monitoring systems or as two high-range value would be 200.0 opposed the use of purified instrument separate components of the same system percent of the MPC. This value would air for O2 monitor calibrations (see would cause additional programming be reported whenever the SO2 or NOX Docket A–97–35, Item IV–D–11) and, as costs and would be technically difficult concentration exceeded the full-scale of discussed in greater detail below, two to implement (see Docket A–97–35, the low-range analyzer. commenters who supported the ‘‘default Items IV–D–4 and IV–G–02). The Finally, the proposed rule provided high range’’ concept took issue with the commenters requested that EPA detailed guidelines and procedures for proposed default value (see Docket A– continue to allow the low and high adjusting the span and range of the 97–35, Items IV–D–05 and IV–D–24). ranges to be represented in the CEMS. First, if the maximum value One commenter asked EPA to give monitoring plan by a single component. upon which the high span value is guidance as to what type of technical After consideration, the Agency has based (i.e., the MPC or MPF) was justification would be required to use an decided that the commenters’ request is exceeded during a calendar quarter, but alternative O2 span value of less than 15 reasonable and has included this option the span was not exceeded, the span or percent (see Docket A–97–35, Item IV– in the final rule. Note, however, that the range would not have to be adjusted. D–23). The final rule provides an use of this option is restricted to dual- However, if any quality assured hourly example, in section 2.3.1 of Appendix range analyzers that use electronic gain concentration or flow rate exceeded the A. to produce the two ranges. Today’s rule MPC or MPF by ≥5.0 percent during the Several commenters stated that the requires the use of a special dual-range quarter, a new MPC or MPF would have proposed procedures for making span component type code when this option to be defined. Second, if any quality and range adjustments were particularly is selected. EPA will provide the assured reading on the high complicated and burdensome (see necessary type code and reporting measurement range exceeded the span Docket A–97–35, Items IV–D–19, IV–D– guidance in the electronic data reporting value by ≥10.0 percent during the 20, IV–D–23, IV–D–24 and IV–G–09). (EDR) instructions for EDR version 2.1. quarter but did not exceed the range, a Two commenters stated that the Two commenters stated that 200% of new MPC or MPF (as applicable) would requirement to perform quarterly MPC is too high for the proposed default have to be defined, and the span value evaluations of the MPC, MEC and MPF high range value in sections 2.1.1.3(f) (and range, if necessary) would also values is unnecessary and excessive (see and 2.1.1.4(e) of Appendix A, for the have to be changed. Third, for full-scale Docket A–97–35, Items IV–D–11 and case where the owner or operator uses exceedances of a high monitor range, IV–G–02). One commenter a default value instead of operating a corrective action would be required to recommended using the guideline in high-range monitor (see Docket A–97– adjust the span and range. A value of section 2.1 of Appendix A to determine 35, Items IV–D–05 and IV–D–24). A 200.0 percent of the current full-scale whether span and range adjustments are third commenter objected to the range would be reported to EPA for each needed (see Docket A–97–35, Item IV– proposed value of 200% of the range, hour of each full-scale exceedance. D–11). Another commenter which is to be reported during full-scale Today’s rule finalizes the proposed recommended that EPA allow data exceedances (see Docket A–97–35, Item revisions to the span and range sections points that are clear ‘‘outliers’’ to be IV–G–05). Without a functional high of Appendix A. Most of the provisions excluded from quarterly span and range range monitor, it is not possible to have been finalized as proposed, with evaluations (see Docket A–97–35, Item determine the exact pollutant only minor changes and clarifications. IV–D–04). After carefully considering concentration when a control device However, there are three notable these comments, EPA has decided to malfunctions or when a full-scale exceptions: (1) the proposed withdraw the prescriptive proposed exceedance occurs. In the preamble to requirement for mandatory quarterly procedures for making span and range the proposed rule, EPA cited one evaluations of the MPC, MEC and MPF adjustments. Instead, the final rule instance in which the high SO2 range values and the associated prescriptive requires that span and range was exceeded and the estimated SO2 criteria for adjusting the spans and adjustments be made only when the concentration (based on fuel sampling) ranges have been withdrawn; (2) the MPC, MEC or MPF changes was estimated to be about 150% of the proposed change in methodology for ‘‘significantly.’’ This is similar to the range (see 63 FR 28058). For this reason, determining dual span and range original guideline in the January 11, the proposed values of 200% of the requirements (i.e., comparing the MEC 1993 rule, except that a ‘‘significant’’ range (for full-scale exceedances) and

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200% of the MPC (for the default high commenter. For units with SO2 combinations of boilers. Despite this, if range value) have been retained in the scrubbers, the vast majority of the data the diluent gas concentration is properly final rule. EPA maintains that these is collected on the low range. Therefore, taken into account, the flow-to-load values must be conservative, based on a the SO2 RATA should be performed on characteristics of common stacks often ‘‘worst case’’ analysis to ensure that that range. If the scrubber malfunctions become more normalized. The flow-to- emissions will not be under-reported. at the time of a scheduled SO2 RATA, load ratio, or a normalized ratio, such as The Agency believes that if spans and the RATA should either be rescheduled the gross heat rate (GHR) can thus serve ranges are properly set, full-scale later in the quarter or should be done as a quantitative indicator of flow exceedances will be relatively rare. during the 720 unit operating hour grace monitor accuracy from quarter to Also, EPA anticipates that the majority period allowed under revised section quarter until the next RATA is of the units for which owners or 2.3.3 of Appendix B. performed. operators will elect to use the default The proposed rule provided a E. Flow-to-Load Ratio Test high range option have reliable emission calculation methodology for the Requirements controls and the default value will quarterly flow-to-load or GHR rarely, if ever, have to be used. Background: The quality assurance evaluation. A ‘‘reference’’ flow-to-load One commenter objected to the requirements for flow rate monitoring ratio or GHR would be established at the proposed changes to the method of systems in Appendices A and B of part time of each normal-load flow RATA, calculating MPC and MEC values, 75 include daily calibration error tests, using data from the flow rate reference expressing concern that the revisions daily interference checks, quarterly leak method. Then, in subsequent quarters, might require his existing span and checks (for differential pressure type hourly data from the flow monitor range values to be re-calculated (see monitors only), and semiannual or would be compared to the reference Docket A–97–35, Item IV–G–02). annual RATAs. Of these required QA ratio or GHR, and an absolute average Another commenter (mistakenly) tests, only the RATA provides a true percentage difference between the interpreted the proposed definition of evaluation of a flow monitor’s hourly data and the reference ratio the MPC for CO2 in section 2.3.1 of measurement accuracy by direct would be calculated. If the percentage Appendix A to mean that his existing comparison against an independent difference exceeded certain limits, the CO2 span values would have to be re- reference method. The daily calibration utility would be required to investigate determined (see Docket A–97–35, Item error test checks the system’s internal to try to establish the cause of the test IV–D–04). A third commenter asked electronic components by means of failure. If the investigation indicated a EPA to ‘‘grandfather’’ existing span and reference signals. The calibration error problem with the flow monitor, the range values (see Docket A–97–35, Item test is useful in that it can diagnose utility could perform corrective actions, IV–D–20). It is not, and never has been certain types of monitor problems, but followed by an abbreviated flow-to-load EPA’s intent to require utilities to it does not evaluate the system’s ability diagnostic test, to demonstrate that the change their existing spans and ranges, to measure an actual stack gas flow rate. corrective actions were effective. provided that they meet the guideline of Because of this limitation, EPA believes However, if the investigation could not section 2.1 of Appendix A ( for the that a more substantive, periodic QA establish the cause of the flow-to-load majority of the readings to be between test is needed to ensure that the test failure, a normal load flow RATA 20 and 80% of full-scale, with certain accuracy of the reported flow rate data would be required. allowable exceptions). The Agency does is maintained in the interval between Today’s final rule adopts the flow-to- not believe that ‘‘grandfathering’’ of any successive RATAs. The Agency is load ratio test provisions. The final rule existing part 75 span and range values particularly concerned about the is essentially the same as the proposal is necessary. The final rule simply adds potential for poor data quality from flow except for a few minor changes in flexibility to the procedures for monitors that are not properly response to comments received. determining spans and ranges. Affected maintained. Discussion: EPA received comments units with previously-determined span In view of this, EPA proposed to add on the proposed quarterly flow-to-load and range values that meet the guideline a new flow monitor quality assurance ratio test from seven utilities, two state of section 2.1 of Appendix A do not test, the ‘‘flow-to-load ratio test,’’ to part agencies, one utility regulatory response have to change their current span or 75 in section 7.7 of Appendix A and group and one flow monitor vendor. range values. To further alleviate undue section 2.2.5 of Appendix B. A similar One state agency was supportive of the concern about this, the Agency has test was first suggested to the Agency by test, because it can serve as a withdrawn the proposed changes to the a flow monitor manufacturer (see quantitative indicator of flow monitor method of determining whether a dual Docket A–97–35, Item II–D–69). The performance from quarter to quarter (see span is required. Rather than comparing flow-to-load ratio test, which would be Docket A–97–35, Item IV–D–9). The the MEC value(s) to the MPC value(s) (as performed quarterly, would be required flow monitor vendor also favored the proposed), today’s rule specifies that the beginning in the second quarter of the test, because it will help to ensure that MEC value should be compared to the year 2000. The basic premise of the all flow monitoring technologies high range value. This is essentially the flow-to-load ratio test is that a perform in a reliable manner (see Docket same as the requirement in the current meaningful correlation exists between A–97–35, Item IV–D–12). Several utility rule. the stack gas volumetric flow rate and commenters objected to the proposed Finally, one commenter objected to unit load. In general, for a single unit test, believing it would be burdensome, the proposed requirement to perform discharging to a single stack, as the load time-consuming, expensive to the RATA at the low range of the increases, the flow rate increases implement (requiring significant DAHS monitor on units that have scrubbers. proportionally, and the flow rate at a software modifications), and difficult to The commenter urged EPA to revert to given load should remain relatively pass (see Docket A–97–35, Items IV–D– the original rule and allow the RATA to constant if the same type of fuel is 16, IV–G–5, IV–G–9, IV–G–2). One be performed at whatever range the burned. Common stacks are somewhat commenter suggested that the test be CEMS is operating on at the time of the less predictable, because the same used as a warning to take corrective RATA (see Docket A–97–35, Item IV–G– combined unit load can be produced in action rather than using it to directly 3). EPA does not agree with the a number of ways by using different validate or invalidate flow rate data (see

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Docket A–97–35, Item IV–D–11). demonstrate to the satisfaction of the results of the flow-to-load and GHR data Another commenter recommended that Administrator that the flow rate through analyses were nearly the same. Only one for common stacks, additional hours be the complex stack configuration cannot failure of the quarterly flow-to-load test exempted from the data analysis, be reasonably correlated to unit load. was observed in each analysis (i.e., the specifically hours in which the Second, for a unit with a multiple stack failure rate was <5.0 percent). The value combination of boilers and loads does discharge configuration consisting of a of Ef (the average percentage difference not match the combination used during main stack and a bypass stack (e.g., for between the hourly ratios and the the last normal load flow RATA (see a unit with a wet SO2 scrubber), the reference ratio) was 6.1 percent for the Docket A–97–35, Item IV–D–17). Two flow-to-load test is to be performed on analysis of the flow-to-load ratios and commenters recommended increasing an individual stack basis and hours in 6.4 percent for the simulated GHR the threshold to qualify for a less which emissions are discharged analysis (with diluent gas corrections). stringent flow-to-load specification from simultaneously through both stacks may However, as noted by one of the 50 MW to 60 or 70 MW (see Docket A– be excluded from the quarterly flow-to- commenters, the Agency acknowledges 97–35, Items IV–D–11, IV–D–2). Two load analysis. Third, the threshold to that these data analyses were performed commenters recommended reducing the qualify for a less stringent flow-to-load using the calculation method described frequency of flow RATAs based on good specification has been raised from 50 in the May, 1997 pre-proposal draft of performance in the flow-to-load test; MW to 60 MW. Fourth, when a flow-to- the rule revisions, i.e., using the specifically, one commenter advocated load or GHR test is failed, two weeks, arithmetic percentage difference performing flow RATAs every other rather than one, are allowed after the between each hourly flow-to-load ratio year and the other commenter end of the quarter to investigate the and the reference ratio, rather than the recommended performing a flow RATA cause of the test failure before triggering absolute percentage difference once every five years (see Docket A–97– a RATA requirement. prescribed in the proposed rule. To 35, Items IV–D–22, IV–G–2). One EPA does not agree with the address the commenter’s concern, EPA commenter stated that the proposed commenters who characterized the has re-analyzed the data using the flow-to-load methodology does not proposed flow-to-load test as time- absolute percentage difference. The adequately address multiple stack consuming, burdensome, and difficult results of the data analysis using the configurations where one of the stacks to implement (requiring extensive absolute percentage difference were is a bypass stack, and also software revision). The Agency believes nearly the same as the results using the recommended that EPA make it clear that implementation of the flow-to-load arithmetic percentage difference. The that the flow-to-load data analysis only test will not require any special failure rate was the same (<5%) and the modification of existing part 75 DAHS applies to reported data and not to value of Ef was 7.3 percent for the redundant backup monitor data which systems or software. All of the analysis of the flow-to-load ratios and are not reported (see Docket A–97–35, information needed to perform the 8.0 percent for the simulated GHR Item IV–G–2). Finally, the utility quarterly flow-to-load or GHR analysis analysis (with diluent gas corrections), regulatory response group found the is currently reported in the electronic which is still well below the 15.0 proposal to be an improvement over the quarterly report required under § 75.64. percent tolerance limit (see Docket A– pre-proposal draft that was circulated in Rather, a PC-based computer program 97–35, Item IV–A–3). Thus, it appears to May, 1997, but took issue with the will be needed, which can extract the make very little difference, in terms of following: (1) The method of calculating essential information from the quarterly ease of passing, whether the absolute report and analyze it. Once such a the test results, using the absolute value percentage difference or the arithmetic computer program is written, analysis of of, rather than the arithmetic, percentage difference is used in the the quarterly flow rate and load data percentage of differences between the flow-to-load and GHR calculations. should become a routine operation hourly flow-to-load ratios and the Therefore, the flow-to-load and GHR which will be neither burdensome nor reference ratio; (2) failure of the calculation methodology has been time-consuming. proposal to address units with bypass The Agency also disagrees with those finalized as proposed using the absolute stacks or other complex stack commenters who contended that the percentage difference. configurations; and (3) allowing only flow-to-load test will be difficult to pass. Two commenters suggested that the one week after the end of the quarter to On the contrary, the flow-to-load test flow RATA frequency should be investigate and troubleshoot the flow should be relatively easy to pass, reduced based on good performance on monitor when a flow-to-load test failure provided that the flow monitor is the quarterly flow-to-load test (see occurs, before a RATA requirement is properly operated and well-maintained. Docket A–97–35, Items IV–D–22 and triggered (see Docket A–97–35, Item IV– Prior to issuing the proposed rule, EPA IV–G–02). The Agency agrees with the D–20). analyzed quarterly flow rate and load commenters that with the addition of Today’s rule includes flow-to-load data from the third quarter of 1996 for the new QA tests it is reasonable to test provisions in section 7.7 of 21 units and stacks, including 9 single lessen the frequency of the annual three Appendix A and section 2.2.5 of units, 11 common stacks, and 1 load flow RATA. Therefore, EPA is also Appendix B. The final rule is essentially multiple-stack unit. The units chosen adopting the following three provisions the same as the proposal, except for the for this analysis were selected as a reducing the flow RATA requirements: following changes, which have been representative sample of units that (1) Routine flow RATAs are changed incorporated in response to the would be affected by this QA test from three-load tests to two-load tests; comments received. First, a new section requirement and included various (2) a single-load annual flow RATA is 7.8 has been added to Appendix A, operational circumstances (e.g., base allowed if the unit operates at one load which allows owners or operators of loaded and peaking units, single fuel level for ≥85 percent of the time since units with complex stack configurations units, and units that burn multiple the last annual flow RATA; and (3) a to petition for an exemption from fuels). The flow-to-load and GHR test three-load flow RATA is required only quarterly flow-to-load testing. Any such methodologies were applied to each once every five years and whenever the petition would have to provide unit or stack, excluding none of the instrument is re-linearized. EPA has information and data which normal load data from the analysis. The adopted these reduced flow RATA

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Gas monitor RATAs software changes (see Docket A–97–35, not serve as a replacement for annual would be required at the normal load Item IV–G–2). RATA testing. Rather, the flow-to-load level. Routine quality assurance RATAs Today’s rule finalizes the proposed ratio test helps to ensure that the flow for flow monitors would be done at the definitions of the ‘‘range of operation,’’ monitor remains accurate in between two most frequently used load levels. and the ‘‘low,’’ ‘‘mid,’’ and ‘‘high’’ load successive semiannual or annual Today’s rule adopts the proposed levels in section 6.5.2.1 of Appendix A RATAs. changes with certain modifications in and the associated requirement to report response to comments. the upper and lower boundaries of the F. RATA and Bias Test Requirements Discussion: The Agency received range of operation, with one minor 1. RATA Load Levels comments on the proposed method of revision. A provision has been added for frequently-operated (e.g., base-loaded) Background: The previous provisions determining RATA load levels from units that share a common stack, which of part 75 were neither sufficiently three individual utilities and from two allows the ‘‘minimum safe, stable load’’ standardized nor clear in defining the utility regulatory response groups. Only to be determined in a different manner. two comments were received on the appropriate load levels for RATAs. For For such units, the owner or operator proposed definitions of ‘‘range of example, the previous rule required gas may use the sum of the minimum safe, operation,’’ ‘‘low,’’ ‘‘mid,’’ and ‘‘high’’ monitor RATAs to be conducted at stable loads for the individual units as load levels. One commenter supported normal load and required gas and flow the minimum safe stable load for the the effort to establish load level rate monitor bias adjustment factors to common stack (rather than using the definitions, but found the proposal to be be determined at normal load, but no lowest of the minimum safe, stable load too inflexible and complicated and definition of normal load was provided. values for the individual units). The suggested that EPA should permit In addition, section 6.5.2 of Appendix A Agency believes that this adequately specified that the ‘‘low’’ load audit overlapping load ranges (see Docket A– addresses the commenter’s concern that point for a 3-level flow RATA can be 97–35, Item IV–D–20). The other one or more units might have to be shut located anywhere from the minimum commenter requested that EPA modify down in order to attain the ‘‘low’’ load safe, stable load to 50.0 percent of the the proposed definition of the level during a 3-load flow RATA. maximum load, and no minimum ‘‘minimum safe, stable load’’ for Section 6.5.2.1 of Appendix A of separation is required between the audit common stacks. The commenter today’s rule also finalizes the proposed points at adjacent load levels. If adjacent expressed concern that for base-loaded methodology for determining normal audit points are too close together, a units which share a common stack, the load and for selecting the appropriate multiple load flow evaluation loses its proposed definition might require a unit load levels for the annual 2-load flow significance. to be shut down to attain the low load RATAs, with revisions based on EPA proposed revisions to Appendix level in a 3-load flow RATA (see Docket comments received. In the final rule, a A of part 75, which would more clearly A–97–35, Item IV–D–24). Four determination of the normal load define the load levels at which RATAs commenters opposed the proposed level(s) and the appropriate flow RATA are done in order to achieve greater requirement to develop a historical load load levels is still required, but it has consistency in the way that RATAs are frequency distribution to establish the been made a one-time requirement, performed. The proposed methodology, normal load level(s) for the unit or rather than an annual requirement. The which would become effective as of stack, stating that the load frequency is requirement becomes effective on April April 1, 2000, would require the utility too variable (being dependent on unit 1, 2000, but owners or operators may to define the ‘‘range of operation’’ for availability, operation, and dispatch) comply with it prior to that date. The each affected unit or common stack and that the new requirement would owner or operator must review (except for peaking units). The range of add another level of unnecessary data historical load data for the unit or stack, operation would extend from the collection and manipulation (see Docket for a minimum of four representative minimum safe, stable load to the A–97–35, Items IV–D–20, IV–D–24, IV– operating quarters. From these data, the maximum achievable load. The ‘‘low’’ D–19, and IV–D–23). Another percentage of unit operating time at load level would then be defined as 0– commenter suggested that RATA load each load level (‘‘low,’’ ‘‘mid’’ or 30% of the range of operation, the ranges should be based on the typical ‘‘high’’) will be determined. The ‘‘mid’’ load level would be 30–60% of load requirements for the quarter in historical load data may be analyzed by the range and the ‘‘high’’ load level which the RATA is done, particularly if any suitable means; construction of a would be 60–100% of the range. The the historical data are no longer histogram, per se, is not required. The proposed methodology would require a representative. The commenters further load level used the most frequently will load frequency distribution (histogram) recommended that EPA should: (1) be designated normal, and the second to be developed, prior to each annual eliminate the requirement to use four most frequently used load level may, at RATA, to determine the percentage of operating quarters of data; (2) allow the discretion of the owner or operator, time the unit or stack has operated at extenuating data to be excluded; (3) be designated as a second normal load. each load level in the previous four ‘‘QA allow recent changes to be considered The two most frequently used load operating quarters.’’ A summary of the when selecting load ranges; and (4) levels are the load levels at which the data used for the load frequency allow utilities to consider forecasted annual 2-load flow RATA will be determination would be maintained on- usage of a unit when selecting load performed. The results of the historical site in a format suitable for inspection, ranges (see Docket A–97–35, Item IV–D– load data analysis will be reported in and the results of the determination 20). Finally, one commenter objected to the electronic quarterly report as part of would be included in the electronic the proposed requirement to report the the electronic monitoring plan. EPA

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28574 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations believes that reporting one additional traverse point selection. Proposed stratification is present in the stack. monitoring plan record will not prove to section 6.5.6 would allow single-point Another State agency commenter be burdensome. A summary of the data reference method sampling to be used in viewed the proposal to allow single- used for the load determinations and the two specific instances: (1) for all point reference method sampling as calculated results must be kept on-site, moisture determinations, a single unfavorable, expressing concern that in a format suitable for inspection. reference method point, located at least single-point sampling may not yield EPA continues to believe that a 1.0 meter from the stack wall, could be valid results, particularly if the review of historical operating load data used; and (2) for flue gas sampling, a sampling point is too near the stack is a reasonable way to standardize the single reference method measurement wall, where air in-leakage can occur (see determination of the normal load point, located no less than 1.0 meter Docket A–97–35, Item IV–D–9). The level(s) and the appropriate flow RATA from the stack wall, could be used at third State agency commenter appeared load levels for a unit or stack. In order any test location if a stratification test is to take issue with the use of a 3-point to maintain national consistency and to performed prior to each RATA at the abbreviated stratification test, stating ensure that a ‘‘level playing field’’ is location and certain acceptance criteria that for the large-diameter stacks in the maintained among affected utilities, the are met. Acid Rain Program, a three point test is Agency believes that a standardized In order to implement the second not adequate to demonstrate the absence procedure is necessary. Although option (single-point gas sampling), a 12- of stratification. several commenters took issue with the point stratification test, as described in In response to the comments received, specifics of the proposed methodology, proposed section 6.5.6.1, would have to the single-point reference method none of them provided a sufficiently be passed one time at the sampling provisions in section 6.5.6 of Appendix detailed alternative procedure for location, meeting the acceptance criteria A of today’s rule are more restrictive serious consideration by the Agency. for single-point sampling given in than the provisions in the proposal. Requests to ‘‘allow exclusion of proposed section 6.5.6.3 of Appendix A. After careful consideration, EPA has extenuating data’’ and ‘‘permit The location would qualify for single- decided to allow single-point reference consideration of recent changes when point gas sampling if the concentration method sampling, but to place selecting load ranges’’ do not provide a at each individual traverse point ± additional restrictions on its use. The sufficient basis for the development of differed by no more than 5.0 percent Agency believes that some of the state appropriate regulatory language. from the arithmetic average agency commenters’ concerns about the Further, since the standardized concentration for all traverse points. proposed single-point sampling procedure is based on data for four The results would also be acceptable if methodology are valid. Accordingly, operating quarters, any unrepresentative the concentration at each individual today’s final rule addresses these data is likely to have minimal effect. traverse point differed by no more than concerns. Therefore, EPA did not incorporate most ± 3.0 ppm or 0.3 percent CO2 (or O2) Today’s rule allows the unrestricted of the commenters’ suggestions. from the arithmetic average use of single-point moisture sampling However, to address the concern of concentration for all traverse points. several commenters about possible Once a 12-point stratification test was only in applications where the moisture variability in unit load and manner of passed at the candidate sampling data are used to determine the stack gas unit operation, a provision has been location, either the 12-point test or an molecular weight. For all other moisture added to section 6.5.2.1 of Appendix A abbreviated 3-point or 6-point measurement applications, i.e., for which requires the historical load stratification test, as described in moisture monitoring system RATAs or analysis to be repeated if the way in proposed section 6.5.6.2, would have to when moisture data are used to correct which a unit operates changes be passed prior to subsequent RATAs at emission data from a dry basis to a wet significantly and the previously- the location. basis (or vice-versa), single-point determined normal load level(s) and the Today’s rule finalizes the provisions moisture sampling is only permitted if two most frequently used load levels for single-point moisture and gas a 12-point pollutant or diluent gas change. The new provision requires a reference method sampling, with certain stratification test is performed and minimum of two representative modifications in response to comments passed (at the 5.0 percent specification operating quarters of historical load data received. The criteria in today’s rule to in section 6.5.6.3 of Appendix A) prior to document that a change in the qualify for single-point sampling are to the RATA. Similarly, for flue gas manner of unit operation has actually more stringent than the criteria in the sampling, today’s rule allows the use of occurred. proposed rule. single-point reference method sampling Discussion: EPA received comments only if a 12-point gas stratification test 2. Single-Point Reference Method from two utilities and three State air is performed and passed at the 5.0 Sampling regulatory agencies on the proposal to percent specification prior to the RATA. Background: Section 6.5.6 of allow single-point reference method Use of an abbreviated (3- or 6-point) Appendix A to part 75 gives the traverse sampling. One of the utility commenters stratification test as a means of point location requirements for favored allowing single-point sampling, qualifying for single-point sampling is reference method sampling during viewing it as an excellent step to not allowed. relative accuracy test audits (RATAs) of improve the overall efficiency of RATA Finally, when a test location qualifies gas monitoring systems. The reference testing (see Docket A–97–35, Item IV– for single-point reference method method sampling points are to be D–21). The other utility commenter also sampling, today’s rule specifies that the located along a line, in accordance with favored the proposal, believing that it measurement point must be located at section 3.2 of Performance Specification would reduce the manpower least 1.0 meter from the stack wall and No. 2 in Appendix B to 40 CFR part 60. requirements for gas RATA testing (see must be situated along one of the Performance Specification No. 2 Docket A–97–35, Item IV–D–22). One measurement lines used in the 12-point requires three reference method State agency commenter opposed the stratification test. EPA believes that sampling points for each RATA test run. unrestricted use of single-point moisture these modifications to the proposed EPA proposed changes to section 6.5.6 sampling, stating that the moisture single-point reference method sampling of Appendix A, pertaining to RATA results could be biased if gas methodology are necessary to ensure

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28575 that representative samples will Appendix B) and provided that the option). Second, proposed paragraph continue to be obtained. recertification tests and required daily (b)(3)(x) of § 75.20 has been merged with calibration error tests continued to be proposed paragraph (b)(3)(i), for greater G. Data Validation passed. If all of the required clarity; both paragraphs deal with 1. Data Validation During Monitor recertification tests and calibration error missing data substitution prior to the Certification and Recertification tests were passed hands-off, with no recertification test period. Third, the Background: The previous version of failures and within the required time definition of a ‘‘hands-off’’ part 75 specified that for any period, then all of the conditionally recertification test in § 75.20(b)(3)(v) has replacement, change, or modification to valid emission data recorded by the been revised to make it clear that once a monitoring system requiring CEMS during the recertification test a recertification test has begun, only recertification of the CEMS, all data period would be considered quality routine calibration adjustments from the CEMS are invalid from the assured and suitable for part 75 following daily calibration error tests reporting. However, if any required test hour of that replacement, change, or are permitted until the test is was failed, the conditionally valid data modification until the hour of completed. Fourth, language has been would, in most cases, be invalidated completion of all required added to § 75.20(b)(3) to address the and a new recertification test period recertification tests. The proposed rule case in which a multi-load flow RATA would have to be initiated, following would have revised § 75.20(b)(3) to is passed at one or more load levels and corrective actions. conditionally allow emission data then failed at a subsequent load level. Today’s rule finalizes the CEMS Regarding the fourth revision to generated by the CEMS during a validation procedures for certifications recertification test period to be used for § 75.20(b)(3) described in the previous and recertifications, with certain paragraph, 2.3.2(e) of Appendix B of part 75 reporting, provided that the modifications in response to comments required tests are successfully today’s rule states that in such cases, received. only the RATA at the failed load level completed in a timely manner and that Discussion: EPA received strongly needs to be repeated (unless re- certain data validation rules are supportive comments on the proposed linearization of the monitor is followed during the recertification test revisions to § 75.20(b)(3) from five necessary, in which case a 3-load RATA period. Proposed sections 6.2, 6.3.1, and utilities, one state air regulatory agency is required). Because of this new 6.5 of Appendix A would have allowed and two utility regulatory response Appendix B provision, the following these new data validation procedures to groups. However, two utilities asked the corresponding data validation also be applied to the initial Agency to modify the proposal to allow provisions have been added to certification of monitoring systems. The trial gas injections and preliminary §§ 75.20(b)(3)(vii)(A) and intended purpose of the proposed RATA runs to be done during the revisions is to minimize the number of recertification test period, rather than 75.20(b)(3)(vii)(B): (1) upon failure of hours of substitute data or maximum prior to it. One commenter stated that the RATA at the particular load level, potential values that must be reported preliminary gas injections and RATA the length of the new recertification test during a monitor certification or runs, which are considered to be a period is not 720 unit operating hours, recertification period. valuable maintenance tool, should be but is equal to the number of hours In proposed § 75.20(b)(3), specific allowed following the probationary remaining in the original recertification rules were provided for data validation calibration error test, and, provided that test period at the time of test failure; and during the recertification test period. the results of the trial runs are (2) data invalidation is prospective, The recertification test period would acceptable, the recertification should be beginning with the hour of failure of the begin with the first successful allowed to proceed (see Docket A–97– RATA at the particular load level; calibration error test (known as a 35, Item IV–G–3). Another commenter therefore, conditionally valid data ‘‘probationary calibration error test’’) requested that the proposal be revised to recorded prior to the test failure at the after making the change to the CEMS allow a single challenge with each of the particular load level are not invalidated. and completing all necessary post- three gases prior to a linearity test and Finally, in response to the comments change adjustments (e.g., to allow up to five preliminary trial runs received, a new paragraph, (b)(3)(vii)(E), reprogramming or linearization) of the prior to a RATA (see Docket A–97–35, has been added to § 75.20 to address the CEMS. The post-change activities could Item IV–G–5). issue of trial RATA runs and pre-test gas include preliminary tests such as trial Today’s rule finalizes the proposed injections. Section 75.20(b)(3)(vii)(E) RATA runs or a challenge of the data validation procedures in allows pre-test trial gas injections and monitor with calibration gases. Data § 75.20(b)(3) for monitor certification pre-RATA runs to be done during the from the CEMS would be considered and recertification, with the following recertification period, for the purpose of invalid from the hour in which the modifications in response to the optimizing the performance of the replacement, modification, or change to comments. First, an introductory monitoring system. A trial run or the system is commenced until the hour statement of applicability has been injection will not affect the status of of completion of the probationary added at the beginning of § 75.20(b)(3), previously-recorded conditionally valid calibration error test, at which point the clearly indicating that the provisions of data, provided that: (1) the results of the data status would become the section apply both to recertifications trial run are within the Appendix A ‘‘conditionally valid.’’ and to initial certifications. The specifications for a passed linearity test The conditionally valid status of the statement of applicability also allows or RATA (i.e., for a trial gas injection, CEMS data would continue throughout the data validation procedures to be within ±5% or 5 ppm of the reference the recertification test period, provided applied, at the discretion of the owner gas or, for a trial RATA run, if the that the required recertification tests or operator, to the routine quality average reference method and the were done ‘‘hands-off’’ (i.e., with no assurance linearity tests and RATAs average CEMS readings differ by no adjustments, such as reprogramming or required under Appendix B of part 75 more than ±10% of the reference linearization of the CEMS, other than (see the section on ‘‘Data Validation for method value, or ±15 ppm, or ±0.02 the calibration adjustments allowed RATAs and Linearity Checks’’ in this lb/mmBtu, or ±1.5% H2O, as under proposed section 2.1.3 of preamble, for a further discussion of this applicable); (2) no adjustments are made

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28576 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations to the calibration of the CEMS following section 2.1.3 of Appendix B would have proposed sections 2.2.3 and 2.3.2 of the trial run, other than the adjustments to be reported. However, tests which are Appendix B which allow ‘‘non-routine’’ allowed under section 2.1.3 of aborted or invalidated due to problems adjustments to be made prior to Appendix B; and (3) the CEMS is not with the calibration gases or reference linearity tests and RATAs. The repaired, re-linearized, or method or due to operational problems commenter especially objected to the reprogrammed after the trial run. As with the affected unit(s) would not need idea of allowing adjustments in a long as these conditions continue to be to be reported, because such runs do not direction away from the reference gas met, the CEMS can be further optimized affect the validation status of emission tag value, believing that this without data loss. However, if, for any data recorded by the CEMS. In addition, compromises the integrity of the audit trial run or injection the conditions are aborted RATA attempts which are part and sets an ‘‘unfortunate precedent’’ not met, the trial run or injection is of the process of optimizing a (see Docket A–97–35, Item IV–D–11). treated as a failed or aborted linearity monitoring system’s performance would Today’s rule finalizes the data check or RATA and the applicable not have to be reported, provided that validation provisions for linearity provisions in §§ 75.20(b)(3)(vii)(A) and in the period from the end of the checks and RATAs in sections 2.2.3 and 75.20(b)(3)(vii)(B) pertaining to aborted aborted test to the commencement of the 2.3.2 of Appendix B. Based on the or failed recertification tests must be next RATA attempt: (1) no corrective comments received, EPA has made followed. maintenance or re-linearization of the substantive revisions to the proposed CEMS was performed, and (2) no rule in an attempt to clarify the 2. Data Validation for RATAs and adjustments other than the calibration allowable pre-test adjustments and the Linearity Checks adjustments allowed under proposed rules for validating the CEMS data. Background: EPA proposed rules for section 2.1.3 of Appendix B were made. Today’s rule specifies that when a CEMS data validation prior to and However, such aborted RATA runs linearity check or RATA is due, the during the periodic linearity tests and would still have to be documented and owner or operator has three options. RATAs required by part 75. These new kept on-site as part of the official test First, the test may be done ‘‘cold,’’ with provisions were found in proposed log. no pre-test adjustments of any kind. sections 2.2.3 and 2.3.2 of Appendix B. Today’s rule finalizes the CEMS data Second, the test may be done after According to these provisions, a validation requirements for RATAs and making only the routine or non-routine linearity test or RATA could not be linearity checks. The final rule has been calibration adjustments allowed under started if the CEMS were operating ‘‘out- modified from the proposal, based on section 2.1.3 of Appendix B. Under this of-control’’ with respect to any of its comments received. second option, trial gas injections and other daily, semiannual, or annual Discussion: EPA received comments preliminary RATA runs are allowed, quality assurance tests. Prior to the test, on the proposed data validation followed by additional adjustments (if both routine and non-routine calibration procedures for RATAs and linearity necessary) within the limits of section adjustments, as defined in proposed checks from one state air regulatory 2.1.3 of Appendix B, to optimize the section 2.1.3 of Appendix B, would be agency, two utilities and one utility monitor’s performance. The trial runs or permitted. During the linearity or RATA regulatory response group. Two of the injections need not be reported, test period, however, no adjustment of commenters found the proposed rule provided that they meet the acceptance the monitor would be permitted except language defining the allowable pre-test criteria for trial RATA runs and gas for routine daily calibration adjustments adjustments to be inconsistent with the injections in § 75.20(b)(3)(vii)(E) (see the following successful daily calibration preamble language found at 63 FR section of this preamble entitled ‘‘Data error tests. For 2-level and 3-level flow 28075. The commenters noted an Validation During Monitor Certification RATAs, no linearization of the monitor apparent contradiction between the and Recertification’’ for further would be permitted between load levels. preamble statement that there is ‘‘no discussion of these acceptance criteria). If a linearity check or RATA was failed significant risk in allowing pre-RATA If the acceptance criteria are not met, or aborted due to a problem with the adjustments provided that the monitor’s the trial run is counted as a failed or monitor, the monitor would be declared accuracy between successive RATAs aborted test. Third, the CEMS may be out-of-control as of the hour in which can be reasonably established’’ and the repaired, re-linearized or reprogrammed the test is failed or aborted. Data from rule language in section 6.5(a)(1) of prior to the quality assurance test. In the monitor would remain invalid until Appendix A that ‘‘no adjustments, this case, the CEMS may either be the hour of completion of a subsequent linearizations or reprogramming of the considered out-of-control from the hour successful test of the same type. CEMS other than the calibration of commencement of the corrective The proposed rule also attempted to adjustments described in section 2.1.3 maintenance, re-linearization or clarify the way in which linearity and of Appendix B to this part, are reprogramming until completion of the RATA test results are to be reported to permitted prior to and during the RATA required quality assurance test or the EPA in the electronic quarterly report test period.’’ Both commenters owner or operator may follow the data required under § 75.64. Proposed expressed concern that this proposed validation procedures in § 75.20(b)(3) sections 2.2.3 and 2.3.2 of Appendix B rule language appeared to exclude upon completion of the necessary specified that only the results of important activities such as re- corrective maintenance, re-linearization, completed and partial tests which affect linearization of a flow monitor (see or reprogramming. data validation would have to be Docket A–97–35, Items IV–D–20, IV–G– EPA believes that the revisions to reported. That is, all completed passed 2). Another commenter also objected to sections 2.2.3 and 2.3.2 of Appendix B tests, all completed failed tests, and all the proposed language in section address the commenters’ concerns about tests aborted due to a problem with the 6.5(a)(1) of Appendix A, stating that pre-test adjustments. For example, if, at CEMS would have to be included in the technicians need to be able to perform the time of a scheduled flow RATA, the quarterly report. Therefore, aborted test evaluations and adjustments of flow and owner or operator decides to re-linearize attempts followed by corrective gas measurement systems prior to the primary flow monitor to optimize its maintenance, re-linearization of the conducting a RATA (see Docket A–97– performance, this would be permissible monitor, or any other adjustments other 35, Item IV–G–3). Another commenter under the third option above. However, than those allowed under proposed took issue with the provisions in re-linearization of a flow monitor

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28577 triggers a requirement to perform a 3- compromises the integrity of the audits the Agency stated, ‘‘the definition of load RATA. Therefore, if the monitor is or sets a bad precedent. On the contrary, ‘‘natural gas’’ does not, therefore, declared out-of-control from the hour of it demonstrates that the monitor include landfill gas, digester gas, the re-linearization until the hour of continues to perform in a comparable biomass, or gasified coal’’ (58 FR 3590 completion of the 3-load RATA (as manner to its performance at the time of and 3596). The Agency further stated in would be required by the proposed initial certification. When the monitor is the preamble that, ‘‘essentially sulfur- rule), this could result in significant held to the calibration error free fuels such as natural gas, landfill data loss, since a 3-load RATA can take specification required for initial methane, or synthetic propane’’ should days (or even weeks) to complete, certification, the monitor is shown to be qualify for the use of Appendix D depending on electrical demand. For capable of passing a linearity test or methodologies. The intent of the Agency this reason, today’s rule allows the RATA. in that rulemaking was to allow the use of a default emission rate for SO2 mass owner or operator to use the H. Appendix D—Sulfur Dioxide emissions calculations for natural gas recertification data validation Emissions From the Combustion of and other fuels which have a similar procedures in § 75.20(b)(3) to Gaseous Fuels supplement the quality assurance low sulfur content, but not for fuels provisions in Appendix B. In this Background: EPA proposed several which have higher sulfur content than example, if the owner or operator opts revisions to the procedures in Appendix natural gas. Appendix D did not to use the data validation procedures in D of part 75 for determining sulfur effectively address how to determine § 75.20(b)(3), data from the flow monitor dioxide emissions from gas-fired and SO2 mass emissions for gaseous fuels would be considered conditionally valid oil-fired units. Most of the proposed other than natural gas. upon completion of a ‘‘probationary revisions would provide affected On May 17, 1995 the Agency revised calibration error test,’’ following the re- utilities with additional flexibility and the core Acid Rain rules to add a new linearization of the monitor. The sampling options. These changes were definition for ‘‘pipeline natural gas,’’ procedures in § 75.20(b)(3)(vii)(E) allow generally supported by the comments and revised the definitions of ‘‘natural for trial runs and further optimization of received and have either been finalized gas’’ and ‘‘gas-fired.’’ The most the monitor prior to the RATA. If the 3- as proposed or with minor revisions and significant change in the definition of level flow RATA is then passed in clarifications. However, for gaseous ‘‘natural gas’’ was the addition of the accordance with the procedures of fuels, EPA received a number of requirement that ‘‘natural gas’’ must significant comments concerning the § 75.20(b)(3) and within the allotted contain ‘‘one grain or less hydrogen proposed changes to the definition of time frame (indicating that the re- sulfide per 100 standard cubic feet and the term ‘‘pipeline natural gas’’ under linearization was successful), the 20 grains or less total sulfur per 100 § 72.2 and received other comments conditionally valid data will become standard cubic feet.’’ The intent of this which have prompted the Agency to re- quality assured and may be used for additional language was to clarify which evaluate the applicability and use of reporting. gaseous fuels qualified as ‘‘natural gas.’’ Appendix D. In response to the The criteria used (1 grain hydrogen For the following reasons, EPA does significant comments received, the sulfide (H2S) and 20 grains total sulfur) not agree with the commenter who Agency is adopting the following final were based on contracts and tariff sheets opposed allowing ‘‘non-routine’’ revisions to Appendix D and to § 72.2: for pipeline natural gas regulated by the calibration adjustments prior to a (1) Revised definitions of ‘‘pipeline Federal Energy Regulatory Commission quality assurance test. The ‘‘non- natural gas,’’ ‘‘natural gas’’ and ‘‘gas- (FERC). Consistent with this approach, routine’’ adjustments described in fired’’ have been promulgated in § 72.2; the Agency defined ‘‘pipeline natural section 2.1.3 of Appendix B allow (2) The applicability of Appendix D gas’’ as natural gas provided by a adjustments only within the has been expanded to include gaseous supplier through a pipeline. In addition, performance specifications of the fuels with any sulfur content the Agency modified the definition of instrument. When a monitor is initially (previously, Appendix D had been ‘‘gas-fired’’ to make it clear that the use certified, it must pass several quality limited to gaseous fuels with a sulfur of Appendix D was limited to units assurance tests, one of which is a 7-day content of 20 grains per 100 scf, or less); combusting ‘‘fuel oil,’’ ‘‘natural gas,’’ calibration error test. The monitor must and and ‘‘gaseous fuels containing no more demonstrate, for 7 consecutive operating (3) The methodology for determining sulfur than natural gas.’’ The default days, that it is capable of meeting a the frequency of fuel gross calorific SO2 emission rate of 0.0006 lb/mmBtu ± calibration error specification of 2.5 value (GCV) under section 2.3 of could only be used for the combustion percent of the instrument span (±3.0 Appendix D has been modified. of either natural gas or a fuel with a percent for flow monitors). Once a In order to put today’s revisions in sulfur content no greater than natural monitor has been certified, the ‘‘control context, it is necessary to review how gas. To use the default SO2 emission limits’’ for daily calibration error tests of the Agency addressed these issues in rate, the owner or operator was required the monitor are twice the performance previous rulemakings. Section 2.4 of to demonstrate that the fuel being specification value, i.e., ±5.0 percent of Appendix D of the core rules of the Acid combusted qualified as natural gas, span for gas monitors and ±6.0 percent Rain Program issued on January 11, based on contract or tariff values which for flow monitors. Thus, when the ‘‘non- 1993, allowed units combusting indicate that the gas meets the criteria routine’’ adjustments described under ‘‘natural gas’’ (as defined in § 72.2) to for natural gas H2S content and total section 2.1.3 of Appendix B are made calculate SO2 mass emissions through sulfur content. prior to a linearity test or RATA, the either: (1) fuel sulfur sampling and As noted in the preamble of the monitor is actually being held to a measurement of the fuel flow rate by a proposed rule, the May 12, 1995 tighter specification than is used for certified fuel flowmeter; or (2) the use revisions apparently did not eliminate daily operation. The Agency therefore of a default SO2 emission rate of 0.0006 confusion concerning the use of the does not agree that keeping the lb/mmBtu and heat input determined default SO2 emission rate. The SO2 instrument’s calibration within the using a certified fuel flowmeter and default emission rate of 0.0006 lb/ performance specification ‘‘band’’ at the monthly analysis for fuel GCV. In the mmBtu is equivalent to approximately time of linearity tests or RATAs preamble to the January 11, 1993 rule, 0.2 grains hydrogen sulfide per 100

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28578 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations standard cubic feet (scf) of gas, when part 75 to ensure consistency within the affected units reporting gas as the hydrogen sulfide is the sole source of rule. primary fuel. The data analysis (which total sulfur in the gas (as is the case for Two commenters were opposed to the was limited to 1997 emission data) refined natural gas), or 0.2 grains total change to the definition of pipeline indicates the following: (1) there are 582 sulfur per 100 scf of gas. The Agency natural gas (see Docket A–97–35, Items units that list gas as the primary fuel did not intend that fuels with average IV–D–23 and IV–D–24). Both (representing about 30% of the units in sulfur content much higher than 0.2 commenters suggested that the the program); (2) these 582 units grains per 100 scf should be allowed to requirement to document that a gaseous accounted for approximately 10% of the ≤ use the default value. In this context, fuel has 0.3 gr/100 scf of H2S, as total heat input reported for all Acid the current definition of ‘‘natural gas’’ opposed to the previous requirement to Rain-affected units; (3) the total amount ≤ under § 72.2, which includes the term document an H2S content 1.0 gr/100 of SO2 emitted by these 582 units was ‘‘20 grains of total sulfur,’’ is somewhat scf, would either disqualify some 14,728 tons in 1997 or 0.1% of the total confusing. Further, use of the 0.0006 lb/ sources currently using the default SO2 mass emissions in the program; and mmBtu default emission rate for emission rate of 0.0006 lb/mmBtu or (4) of the 14,728 tons of SO2 emitted by ‘‘natural gas’’ with one grain of H2S per force those sources to use means other the 582 units, 12,844 tons were from 100 scf would result in an than the contract or tariff provisions to only 17 units and the remaining 1,884 approximately five-fold underestimation demonstrate that the hydrogen sulfide tons were from the remaining 565 units of SO2 emissions. Therefore, in the content of the gas is less than 0.3 gr./100 (see Docket A–97–35, Item IV–A–4). proposed rule, the Agency modified the scf. Under the proposed Appendix D Thus it appears that gas-fired units definition of pipeline natural gas to revisions, any sources disqualified from account for a significant portion of the include only natural gas with a the use of the default SO2 emission rate total heat input and electrical generation hydrogen sulfide content less than or would either be required to begin daily under the Acid Rain Program, but equal to 0.3 grains hydrogen sulfide per gas sampling of the fuel sulfur content contribute only a fraction of one percent or would have to install an SO2 CEMS. 100 scf, thereby clarifying that the of the total SO2 emissions. Note, default emission rate of 0.0006 lb/ Two other commenters suggested that however, that even though emissions mmBtu could only be used for natural the use of two sulfur content criteria in from the individual gas-fired units are gas with an appropriately low hydrogen the natural gas definition (the dual very small, the cumulative emissions sulfide content. criteria of 1 grain H2S and 20 grains from all 582 units are roughly total sulfur per 100 scf) was confusing The proposed rule required equivalent to the typical SO2 emissions and could lead to misinterpretation of documentation of the hydrogen sulfide from a coal-fired unit. For this reason, which fuels could be classified as either content of the natural gas either through the method of calculating the SO2 ‘‘pipeline natural gas’’ or ‘‘natural gas’’ emissions from the gas-fired units must quality characteristics specified by a under § 72.2 (see Docket A–97–35, Items be sufficiently accurate to prevent purchase contract or pipeline IV–G–3 and IV–G–10). One of these significant underestimation of transportation contract, through commenters suggested that the emissions. The methodology in the certification of the gas vendor, based on definition of natural gas should be current rule allows the default SO routine vendor sampling and analysis, changed to incorporate only the 2 emission rate of 0.0006 lb/mmBtu to be or through at least one year’s worth of requirement of 20 grains or less of total used for all types of natural gas. As analytical data on the fuel hydrogen sulfur per 100 scf. If this suggestion previously noted, the default emission sulfide content from samples taken at were followed, a source with 20 grains least monthly, demonstrating that all rate corresponds to 0.2 grains of H2S per total sulfur per 100 scf could use an SO2 100 scf, but the definition of natural gas samples contain 0.3 grains or less of emission rate of 0.0006 lb/mmBtu, hydrogen sulfide per 100 standard cubic allows fuels with up to 1.0 grain of H2S thereby underestimating SO2 emissions and 20 grains of total sulfur to be feet. For a fuel to be classified as 100-fold. This would clearly be classified as ‘‘natural gas.’’ In view of ‘‘pipeline natural gas’’ the fuel would, of unacceptable and contrary to the this, it is possible that the reported course, first have to meet the current Agency’s intent since the initial cumulative SO2 emissions reported in definition of ‘‘natural gas’’ in § 72.2, adoption of Appendix D. which states, ‘‘Natural gas means a One commenter suggested that the 1997 for the 582 gas-fired units may be naturally occurring fluid mixture of requirement to determine the fuel GCV inaccurate by several orders of hydrocarbons (e.g., methane, ethane, or on the same frequency as sulfur magnitude. This level of uncertainty in propane) containing 1 grain or less sampling be removed from Appendix D reported emissions is unacceptable in hydrogen sulfide per 100 standard cubic and that monthly GCV sampling be an allowance trading program such as feet, and 20 grains or less total sulfur allowed in all cases (see Docket A–97– the Acid Rain Program. Consequently, a per 100 standard cubic feet), produced 35, Item IV–D–20). The commenter more representative method is needed in geological formations beneath the claimed that the variability of fuel GCV to characterize the actual sulfur content Earth’s surface, and maintaining a is not necessarily the same as the of the gaseous fuels combusted by Acid gaseous state at standard atmospheric variability of the sulfur content of a fuel. Rain-affected units. temperature and pressure under The Agency also performed an ordinary conditions.’’ 1. Summary of EPA Analysis of analysis of all available gaseous fuel Discussion: Several comments were Appendix D Gaseous Fuel SO2 and Heat GCV sampling data from all Acid Rain received on the proposed changes to the Input Methodologies sources reporting such data in 1997. definition of ‘‘pipeline natural gas,’’ and In responding to the comments Gaseous fuels were analyzed in two comments were also received on the received, the Agency first attempted to categories, pipeline natural gas and current definition of ‘‘natural gas.’’ In quantify the SO2 emissions from the ‘‘other’’ gas. Only 14 Acid Rain sources responding to the comments, the combustion of gaseous fuels under the reported sampling and analysis of Agency is revising both the definition of current Acid Rain rules. A data analysis ‘‘other’’ gases in 1997. The data analysis ‘‘pipeline natural gas’’ and ‘‘natural was performed, assuming that the vast showed that for 275,669 pipeline gas,’’ as well as making various majority of SO2 emissions from the natural gas analyses, the average fuel corresponding changes to wording in combustion of gaseous fuel are from GCV was 1023 Btu/ft3 and the 95th

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28579 percentile value was 1051 Btu/ft3, a monitoring criteria for all types of general, any ‘‘natural gas’’ with ≤1.0 difference of only 2.6%. For the ‘‘other’’ gaseous fuels under Appendix D. Clear, grain of H2S/100 scf will also meet the gaseous fuels, the average GCV from flexible and reasonable requirements for requirement that hydrogen sulfide must 14,282 analyses was 819 Btu/ft3 and the gaseous fuel GCV sampling and analysis account for ≥50% of the total sulfur in 95th percentile value was 1118 Btu/ft3, are needed. the fuel. However, the Agency reserves a difference of approximately 26%. This Based on the comments received and the right to request that the owner or demonstrates the consistency of the the data analyses described above, the operator provide data to demonstrate GCV of pipeline natural gas and the Agency has concluded that: compliance with this latter requirement. Finally, EPA is adding a requirement to high variability of the few ‘‘other’’ • The use of the default SO2 emission rate gaseous fuels for which Appendix D is of 0.0006 lb/mmBtu is only appropriate for the ‘‘natural gas’’ definition that the gas currently being used (see Docket A–97– natural gas with a documented contractual or must have either a methane content of 35, Item IV–-A–1). tariff limit of 0.3 grains hydrogen sulfide per at least 70% or the same GCV as In finalizing today’s rule, the Agency hundred standard cubic feet or for fuels methane (950 to 1100 Btu/scf). This which are demonstrated to have a similar low requirement ensures that the gas will also considered the potential impact of total sulfur content. the revisions to Appendix D on the new • have a stable GCV, consistent with the For natural gas with a contract or tariff Appendix D provisions which allow Subpart H of part 75 (which establishes hydrogen sulfide limit up to 1.0 grain of monthly GCV sampling for either the requirements for monitoring of NOX hydrogen sulfide per 100 standard cubic feet, mass emissions). Currently, the or for fuels which are demonstrated to have pipeline natural gas or natural gas. In provisions of Subpart H are being used a similar low total sulfur content, a site- today’s rule, the requirements for by the Ozone Transport Commission specific default SO2 emission rate should be documenting that a fuel qualifies as allowed, which more closely represents the ‘‘pipeline natural gas’’ or ‘‘natural gas’’ (OTC) NOX Budget Program and, in the potential SO2 emission rate for that fuel. are essentially the same as the proposed future, Subpart H may be adopted as • The applicability of Appendix D should part of an implementation plan as a rule. The three principal ways of be expanded to include any gaseous fuel providing the necessary documentation means of complying with the NOX SIP (rather than limiting it to fuels with a total are: (1) gas quality characteristics Call (see 63 FR 57356). Subpart H of sulfur content ≤ 20 grains per 100 scf. For part 75 allows heat input determined by gaseous fuels with highly variable sulfur specified in a purchase contract or pipeline transportation contract; (2) the procedures of Appendix D to be content, hourly sampling using advanced monitoring such as on-line gas certification by the gas vendor, based on used in determining NOX mass routine sampling and analysis for at emissions from gas-fired units. In the chromatography should be required. The frequency of determination of the GCV of a least one year; and (3) at least one year process of implementing part 75 and the gaseous fuel should be independent of the of analytical data on the fuel OTC NOX Budget Program, the Agency requirements for sulfur sampling and should characteristics, derived from monthly has encountered an increasing number be based solely on the variability of the GCV. (or more frequent) samples. In addition, of sources that combust gaseous fuels sections 2.3.5 and 2.3.6 of Appendix D which neither qualify as ‘‘pipeline 2. Changes to the Definitions of of today’s rule allow the owner or natural gas’’ or ‘‘natural gas.’’ These ‘‘Pipeline Natural Gas’’ and ‘‘Natural Gas’’ operator to conduct a 720 hour fuels include refinery gas, landfill gas, demonstration of the fuel’s sulfur and digester gas, coke oven gas, process gas, As previously stated, the Agency is GCV characteristics (see Items 5 and 6 propane liquified gas, liquified revising the definitions of ‘‘pipeline in this section, below). petroleum gas, blast furnace gas and natural gas’’ and ‘‘natural gas’’ in § 72.2. EPA believes that the revised coal-derived gas. Under the previous Since the definition of ‘‘pipeline natural definitions of ‘‘pipeline natural gas’’ and version of part 75 units combusting gas’’ necessarily includes the definition ‘‘natural gas’’ will: (1) apply to the low these fuels would either be required to of ‘‘natural gas’’, and the definitions sulfur fuel combusted by the vast install SO2 and stack flow monitoring therefore involve similar issues, EPA is majority of the sources in the Acid Rain systems or would have to petition the addressing both definitions in today’s Program; (2) be documentable, in most Agency to use Appendix D. It is likely final rule. In particular, ‘‘pipeline cases, based on contract or tariff that under the OTC NOX Budget natural gas’’ is defined in such a way provisions without other types of Program and under the SIP call, the that only fuels with the appropriate demonstrations; and (3) allow most number of sources combusting these sulfur content can meet the definition sources currently using 0.0006 lb/ ‘‘other’’ gaseous fuels and required to and can use the default emission rate of mmBtu as a default to continue using monitor heat input using part 75 0.0006 lb/mmBtu. Under the revised that default value or to use an methods will increase significantly. The definition, pipeline natural gas must alternative, site-specific default value Agency anticipates that the owners or contain less than 0.3 grains of hydrogen that will not underestimate SO2 operators of the majority of these sulfide per 100 scf. Consistent with this emissions. sources would petition to use the approach, the definition of ‘‘natural gas’’ procedures of Appendix D to determine is revised so that only the requirement 3. Changes to the Methodology for Calculating SO2 Emissions Under heat input used for NOX mass for the hydrogen sulfide content to be calculations, in lieu of installing CEMS. less than one grain per 100 scf remains, Appendix D However, the current Appendix D does and the requirement for the total sulfur Today’s rule adopts a two-tiered not address how to determine hourly content to be ≤20 grains per 100 scf is approach to the use of default SO2 heat input for gaseous fuels with deleted. Further, EPA is adding to both emission rates, depending on whether a variable GCV. The Agency also notes definitions a requirement that hydrogen fuel qualifies as ‘‘pipeline natural gas’’ that any error in hourly heat input sulfide content must account for at least or as ‘‘natural gas.’’ First, if the owner determined under Appendix D would 50% (by weight) of the total sulfur in or operator can demonstrate that the result in a corresponding and equal the fuel. This ensures that a fuel with a fuel combusted at a unit has ≤0.3 grains error in the reported NOX mass high total sulfur content, but a relatively of hydrogen sulfide per 100 scf, the emissions. It is therefore particularly small hydrogen sulfide content, cannot default SO2 emission rate of 0.0006 lb/ important to establish consistent and qualify to use a default SO2 emission mmBtu may be used. Second, the rule easily implementable heat input rate. The Agency believes that in allows units combusting gaseous fuels

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28580 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations with >0.3 grains, but ≤1.0 grain of hourly hydrogen sulfide concentration fuel gas combustion units) the 720 hour hydrogen sulfide per 100 scf to calculate recorded during the 720 hour demonstration period must also include a site-specific default SO2 emission rate, demonstration. After a fuel qualifies as data which characterizes the variability as suggested by two of the commenters ‘‘natural gas,’’ the owner or operator is of the fuel during the seasonal or (see Docket A–97–35, Items IV–D–23 required to sample the H2S content at process changes. The results of the 720 and IV–D–24). The method of least once monthly for a year following hour demonstration will be used to calculating the default value is based on the 720 hour demonstration. The default determine the average heat content of the actual conversion of hydrogen emission rate for the demonstration may the fuel and the standard deviation. As sulfide in natural gas to SO2 and utilizes continue to be used, provided that none explained in section 2.3.5 of Appendix a realistic fuel GCV value of 1023 Btu/ of the samples taken during the year D in today’s rule, depending on the scf (from the previously-discussed data exceeds 1.0 grain/100 scf of H2S. All results of the demonstration, the owner analysis, above). The result is a simple ‘‘other’’ gaseous fuels would require or operator will perform either daily or equation which converts hydrogen either daily or hourly sampling of the hourly sampling of the fuel GCV. sulfide in natural gas to an SO2 emission total sulfur content, depending on the I. Electronic Transfer of Quarterly rate in lb/mmBtu. fuel sulfur variability. Reports 4. Changes to the Applicability of 6. Changes to the Method of Background: For the reasons Appendix D Determining the GCV Sampling discussed in the preamble to the In the process of considering Frequency for Gaseous Fuels proposed rule revisions (63 FR 57356, comment on the definitions of ‘‘pipeline Accurate determinations of heat input May 21, 1998), EPA proposed changes natural gas’’ and ‘‘natural gas’’ the are important for the calculation of SO2, to § 75.64(f) concerning the method of Agency also re-evaluated the NOX and CO2 mass emissions under submitting quarterly reports. The appropriateness of limiting the Appendices D, E, G and Subpart H of proposal provided that all quarterly applicability of Appendix D to gaseous part 75. EPA has found that fuels such reports would have to be submitted to fuels with ≤20 grains of total sulfur per as refinery gas, digester gas, landfill gas, EPA by direct computer-to-computer 100 scf. While EPA does not believe that coke oven gas, process gas, propane electronic transfer via modem and EPA- a gaseous fuel with 20 or more grains of liquified gas, liquified petroleum gas, provided software, unless otherwise total sulfur per 100 scf should be blast furnace gas, and coal derived gas approved by the Administrator. This allowed to use a default SO2 emission can have highly variable GCV (see requirement was to begin with the rate, neither does the Agency believe Docket A–97–35, Item IV–A–4). For quarterly report for the first quarter of that units combusting such fuel should these fuels a standardized test for the year 2000. be excluded from using Appendix D. determining the appropriate GCV Discussion: EPA received one Currently, technologies such as on-line sampling and analysis frequency is comment (see Docket A–97–35, Item IV– gas chromatography allow accurate fuel essential. One commenter on the D–20) which opposed the proposed sulfur analysis to be performed over proposed rule noted that in many cases requirement based on difficulty in intervals as short as one hour. This the GCV of a fuel is relatively stable receiving electronic transfer of quarterly ability to perform hourly sampling is over a period of time, and sampling reports due to technical difficulties with comparable to a CEMS in accuracy, each month for fuel heat content is EPA computers which may arise due to precision and timeliness. Therefore, adequate (see Docket A–97–35, Item IV– year 2000 conversion difficulties or today’s rule removes the 20 grains of D–20). The Agency agrees that this is other technical problems relative to sulfur per 100 scf restriction on the use true in many cases (e.g., for natural gas), electronic transfer of quarterly reports at of Appendix D for gaseous fuels. but not often for the fuels listed above. times when EPA computers may not be The Agency also notes that the 5. Changes to the Method of accessible. Concern was expressed emissions data determined under Determining the Sulfur Content regarding the requirement for utilities to Appendix D must be as reliable, precise, Sampling Frequency for Gaseous Fuels provide proof that they attempted to timely and accessible as data from a transfer their reports on time but were Section 2.3.6 of Appendix D of CEMS. unsuccessful due to the inability to gain today’s rule also includes a general In view of this, the Agency is revising access to the EPA computer system. procedure for determining the the criteria for determining the Based on the comment received, EPA appropriate frequency of sulfur content frequency of GCV sampling for gaseous has decided to change the electronic sampling for any gaseous fuel which is fuels. For any fuel which meets the reporting requirement in § 75.64(f) so transmitted by a pipeline. The revised definition of either ‘‘pipeline that beginning with the quarterly report procedure consists of a 720 hour natural gas’’ or ‘‘natural gas,’’ this for the first quarter of the year 2001, all demonstration, similar to the one in ensures that the fuel will have a stable quarterly reports must be submitted to section 2.3.3.4 of Appendix D in the heat content and therefore monthly EPA by direct computer-to-computer proposed rule. The results of the 720 sampling is appropriate. For fuels which electronic transfer via modem and EPA- hour demonstration may first be used to do not qualify as either pipeline natural provided software, unless otherwise determine first if a fuel qualifies as gas or natural gas and for which ‘‘as- approved by the Administrator. This either ‘‘pipeline natural gas’’ or ‘‘natural delivered’’ fuel sampling and analysis is will ensure adequate time for all parties gas’’ or as ‘‘other’’ gaseous fuel, and not performed, the same 720 hour to address the year 2000 concerns. EPA then to determine the appropriate total demonstration described in item 5 in notes that its system has already sulfur sampling frequency for the fuel. this section, above, for fuel sulfur undergone testing and changes to If a fuel qualifies as pipeline natural gas, sampling will also be used to determine accommodate year 2000 concerns. the default SO2 emission rate of 0.0006 the appropriate GCV sampling and lb/mmBtu could be used in lieu of fuel analysis frequency. The heat content of J. Bias, Relative Accuracy and sampling. If the fuel qualifies as the fuel will be determined for each Availability Determinations ‘‘natural gas’’ (but not pipeline natural hour in the 720 hour period. For units Background: The preamble to the gas), a site-specific default SO2 emission that switch fuels seasonally or when proposed rule described the findings of rate may be used, based on the highest process changes occur (such as refinery studies performed to evaluate the

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28581 provisions for the bias test, relative and/or fuel oil. For these units, EPA basis. In such a petition, the designated accuracy, and monitor availability believes that the proposed method representative can reference the trigger conditions as required by §§ 75.7 would provide acceptably accurate information used to support the and 75.8. Issues concerning the bias measurements of volumetric flow. proposed Appendix I procedure (see 63 relative accuracy, and monitor However, adoption of the proposed FR 28113–28115, May 21, 1998, for availability provisions in the core Acid method would require the Agency to further details on the information used Rain rules had been raised in litigation develop regulations imposing additional to develop proposed Appendix I). The (Environmental Defense Fund v. Carol reporting and recordkeeping Agency will evaluate the petition on the M. Browner, No. 93–120; et al. D.C. Cir., requirements for those units that used merits at that time. 1993). The purpose of these studies was this option. This would also place a L. Subpart H—Clarifications to NO to address these issues (see 63 FR burden on software vendors to develop X Mass Monitoring Requirements 28197). The preamble of the proposed software to allow for electronic data rule explained how these findings led to reporting of the required data elements. Background: By notice of proposed the Agency’s proposed determinations Discussion: A few commenters stated rulemaking (NPR, proposal, or to retain the current rule provisions generally that they supported the ‘‘proposed SIP call’’) (62 FR 60318, concerning these matters. There were no Appendix I option, while two other November 7, 1997) and by supplemental comments objecting to the substance of commenters stated generally that the notice (SNPR or supplemental proposal) the proposed determinations. Therefore, method should be allowed for other (63 FR 25902, May 11, 1998), EPA for the reasons set forth in the preamble types of units or simplified (see Docket proposed to find that NOX emissions to the proposed rule, EPA is adopting A–97–56, Items IV–D–9, 23, and 24, and from sources in 22 states and the the proposed rule revisions as final, IV–G–2 and –8). However, utilities have District of Columbia, will significantly with the result that §§ 75.7 and 75.8 are submitted late comments that suggest contribute to nonattainment of the 1- removed and reserved. Moreover, since that the utilities (including those hour and 8-hour ozone National none of the issues raised concerning the originally interested in an F-factor/fuel Ambient Air Quality Standards bias, relative accuracy, and monitor flow method) are in fact unlikely to use (NAAQS), or will interfere with availability provisions in the core Acid the Appendix I option at this time (see maintenance of the 8-hour NAAQS, in Rain rules were raised in any comments Docket A–97–56, Item IV–G–13). Based one or more downwind states on the studies, EPA maintains that those on a review of Acid Rain program throughout the eastern United States. litigation issues have been resolved. databases, only about 150 units affected In October, 1998 (63 FR 57356, Discussion: Two comments were by the Acid Rain Program could October 27, 1998), EPA finalized the received. One (see Docket A–97–56, potentially take advantage of this proposed SIP call rulemaking. The final Item IV–D–01) supported the proposed option. In contrast, there are a rule specified dates by which: (1) the determinations. The second comment significant number of units that affected states must submit State (see Docket A–97–56, Item IV–D–02) implement the other generally available Implementation Plan revisions to reduce expressed concern that the bias test excepted methods under Appendices D NOX emissions to eliminate the amounts studies performed in response to § 75.7 and E to Part 75 (currently, of NOX emissions that contribute did not evaluate overestimation in flow approximately 540 different units report significantly to nonattainment, or that measurements. The commenter urged using one or both of these methods). interfere with maintenance, downwind; EPA to complete its ongoing work as As discussed above there would be and (2) the affected sources must quickly as possible on a separate substantial effort involved for EPA, implement the measures chosen by the rulemaking to resolve the commenter’s utilities and software vendors to states to achieve the required NOX flow overestimation concerns. The implement a new generally available emission reductions. Agency is pursuing the separate option such as proposed Appendix I. As The provisions of the October 27, rulemaking recommended by the discussed in the preamble to the 1998 final rule allow each state to commenter. proposed rule, the annual savings on a determine the best way to achieve the per unit basis for Appendix I units are necessary NOX emission reductions. K. Appendix I—Proposed Optional at most $10–15,000 over the Consistent with the Ozone Transport Stack Flow Monitoring Methodology measurement of volumetric flow Assessment Group’s recommendation to Background: EPA proposed to add an directly with a flow monitor. The actual achieve NOX emissions decreases F-factor/fuel flow method in Appendix cost savings would be less because other primarily from large stationary sources I to part 75 as an excepted method to provisions of today’s rule revise flow in a trading program, EPA promulgated measure volumetric flow directly with a monitor quality assurance requirements a model rule for the implementation of flow monitor. The Agency proposed this and significantly reduce the costs of such a trading program as 40 CFR part method based on information provided using a flow monitor. Given the 96 (‘‘Part 96’’) in the October 27, 1998 by affected utilities, and based on the relatively small amount of savings on a rulemaking. assumption that the new excepted per unit basis, the indication that no If the states should choose to create a method would be used by a significant units would use the option at this time, NOX mass trading program and to adopt number of units as a cost-effective and the significant burden on all the provisions of the Part 96 model rule, option to a volumetric flow monitor. interested parties in implementing a § 96.70 requires the monitoring and This method would allow fuel flow generally available option in Appendix reporting of NOX mass emissions to be measurement with a gas or oil I, the Agency has determined not to done in accordance with either: (1) flowmeter, fuel sampling data, CO2 (or adopt Appendix I. Subpart H of 40 CFR part 75, the Acid O2) CEMS data, and F-factors to However, if the owner or operator of Rain CEM Rule (‘‘Part 75’’); or (2) for determine the flow rate of the stack gas a unit decides at some time in the future qualifying low mass-emission units, rather than a volumetric flow monitor. to use this type of procedure for § 75.19 of Part 75. However, even if a The F-factor/fuel flow method would be measuring flow, the designated state should choose not to participate in available for use by oil-fired and gas- representative of the unit may petition such a trading program, the October 27, fired units, as defined under § 72.2, the Agency under § 75.66 to use this 1998 rule still requires the monitoring provided that they only burn natural gas type of procedure on a case-by-case provisions of Subpart H to be used by

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28582 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations a core group of sources (large industrial affect §§ 75.70(f)(1)(iv), 75.71(b) and must specify which QA tests are to be boilers and turbines, and large boilers 75.71(d)(2). The new paragraph is found performed. Section 75.74(c) therefore and turbines used for the generation of at § 75.70(g)(6). In addition to these lists the specific quality assurance tests electricity for sale) if the NOX mass minor corrections, EPA has found that that are required prior to the ozone emission reduction program for that certain provisions in § 75.74(c), season. For all CEM systems, a relative state includes requirements to control pertaining to sources that monitor and accuracy test audit (RATA) is required such sources. To support these NOX report data only in the ozone season, are and for all gas monitors, a linearity mass emission reduction programs and substantially inconsistent with sections check is also required. After a required rulemakings, EPA promulgated both of today’s final rule (particularly the linearity check or RATA is passed, Subpart H of Part 75 and the low mass new CEM data validation provisions). § 75.74(c) requires that daily calibration emission unit provisions in § 75.19 of The Agency has also found an instance error tests and (if applicable) flow Part 75 as part of the October 27, 1998 in which the text of § 75.74(c) is monitor interference checks begin to be rulemaking. internally inconsistent and a second performed. These daily assessments In the November 7, 1997 proposed SIP instance in which a statement in the must then continue to be performed Call rule, EPA would have required the October 27, 1998 preamble does not until the end of the ozone season. affected units in a Federal or state NOX agree with the regulatory language in Section 75.74(c)(5) of Subpart H, as mass emission reduction program to § 75.74(c). In view of these promulgated on October 27, 1998, report NOX emissions on a year-round considerations, today’s rulemaking requires both the recording and basis and also to quality assure the NOX revises § 75.74(c), in order to make reporting of hourly emission data prior emission data in accordance with the Subpart H more consistent with the rest to the current ozone season in the time provisions of Part 75 on a year-round of Part 75 and to resolve the apparent interval from the date and hour that basis. However, in response to discrepancies and inconsistencies in the ‘‘recertification’’ testing of the CEM comments on the proposed rule, EPA text of § 75.74(c). systems is completed through the end of modified Subpart H of Part 75 so that Discussion of Changes: As previously the ozone season. EPA believes that states could choose to allow sources that stated, Subpart H requires owners or most sources that choose this option were not subject to the requirements of operators of sources that monitor and would do the testing as close to the Title IV of the Clean Air Act (the Acid report only during the ozone season to ozone season as possible. However, Rain Program) to monitor and report recertify their CEM systems prior to there may be some instances in which either on a year round basis or on an ozone season only basis. Therefore, the each ozone season. EPA put this it would be difficult for a source to October 27, 1998 final rule provides for requirement in Subpart H because the perform all of the testing in the second Agency believes that for sources which quarter before the beginning of the the monitoring and reporting of NOX mass emissions either on an annual are not required to monitor and report ozone season. This means that some basis or during the ozone season, when on a year-round basis, substantial sources for which the NOX emission this is allowed by the governing state or quality assurance testing of the CEMS data count for compliance only during Federal rule. prior to the ozone season is essential to the ozone season would be required to validate the emission data at the submit additional electronic quarterly If a state or Federal NOX mass emission reduction program were to beginning of the ozone season. reports outside the ozone season, if they allow ‘‘ozone season only’’ monitoring However, in the light of today’s completed the pre-ozone season testing and reporting, there would be an issue rulemaking, the use of the word in the first or fourth calendar quarter. In related to data quality at the start of ‘‘recertification’’ in § 75.74(c) of Subpart view of this, EPA has reconsidered the each ozone season. To address this H is regarded as inaccurate and implications of this extra reporting issue, in the October 27, 1998 final rule, inappropriate and does not properly requirement and has concluded that it EPA included a provision in § 75.74(c) communicate the Agency’s intent. In will complicate program of Subpart H, which requires the § 75.20(b) of today’s final rule, the term implementation. The Agency believes continuous emission monitoring ‘‘recertification’’ has been carefully that this complication is unnecessary. systems used to provide the NOX mass defined, so that it is limited to major Therefore, in § 75.74(c)(6) of today’s emission data to be recertified prior to changes to a CEMS which may affect its final rule, the Subpart H reporting the start of each ozone season. ability to accurately measure emissions. provision for these sources has been Although Subpart H was proposed on Since in most instances sources will be revised, so that only reporting of May 21, 1998 as part of the Acid Rain testing existing CEMS that have not emission data in the ozone season, from CEM Rule revisions, it was finalized undergone major changes, EPA believes May 1 through September 30, is several months ahead of today’s that this is more consistent with either required. This means that in the time rulemaking, in order to support the SIP diagnostic testing or on-going quality period from the date and hour of call. In the preamble to the October 27, assurance testing rather than completion of the required pre-ozone 1998 final rule (63 FR 57467), EPA recertification. Therefore, in today’s season quality assurance testing of the explained its intention to, where final rule, all of the references in § 75.74 CEM systems through April 30 of the possible, make the provisions of Subpart to ‘‘recertification testing’’ of CEMS current year, the owner or operator is H consistent with any other changes prior to the ozone season have been only required to record and keep that EPA promulgated as a result of the replaced with terms such as ‘‘diagnostic records of the hourly emission data on- May 21, 1998 proposed revisions to Part testing’’ or ‘‘quality assurance testing,’’ site. The only pre-ozone season data 75. EPA has re-examined the provisions which properly convey the Agency’s that must be reported are the results of of Subpart H within the context of intent and de-couple this testing from daily calibration error checks and flow today’s final rulemaking. The Agency the formal administrative process monitor interference checks performed has found that a few minor clarifications associated with recertification events. in the time period from April 1 through of the regulatory language in Subpart H Since the required pre-ozone season April 30 and the results of any linearity and the addition of one new paragraph testing is considered to be quality checks, RATAs, fuel flow meter tests are needed for consistency with today’s assurance (QA) or diagnostic testing and fuel sampling performed outside of final rule. The textual clarifications rather than a recertification, the Agency the ozone season for purposes of

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28583 compliance with Subpart H. This will procedures in § 75.20 could be clarified season and which provisions are provide the regulatory agencies with to make the requirements easier to inapplicable. The Agency has replaced added assurance that the CEMS data are understand, particularly for sources that the general references in Subpart H to quality-assured at the start of the ozone report data only during the ozone the quality assurance provisions of season and will enable the agencies to season. There are several reasons for § 75.21 and appendix B and the have a limited pre-ozone season this. references to the provisions of § 75.20 electronic auditing capability. The First, sections 2.2.4 and 2.3.3 in with specific language that delineates requirement to report the results of the appendix B of today’s final rule provide the exact QA tests required during each daily assessments for the month of April ‘‘grace periods’’ in which late or missed ozone season. Section 75.74(c)(3) of is not considered burdensome because QA tests can be completed. For linearity today’s rule also contains specific data April is in the second calendar quarter, checks, the grace period is 168 unit validation provisions for sources that which is one of the two reporting operating hours after the end of the report only during the ozone season. To quarters for the affected sources. In fact, quarter in which the test is due. For the extent possible, these QA and data some affected sources may prefer to RATAs, the grace period is 720 unit validation provisions have been made report data for April, because it may be operating hours after the end of the the same as or similar to the easier to generate an electronic quarterly quarter in which the RATA is due. requirements for sources that report data report for the entire second calendar Because the grace periods in Part 75 are on a year-round basis. However, as quarter, rather than just for the months in terms of unit operating hours, they necessary, special provisions have been of May and June. Therefore, § 75.74(c)(6) can sometimes extend for more than one added to § 75.74(c) to address the of today’s final rule gives the owner or calendar quarter beyond the quarter in differences between year-round operator the option to report unit which the QA test was due (particularly reporters and sources that report only operating data and emission data for the for infrequently-operated or seasonally- during the ozone season. EPA believes month of April. operated units). Consequently, the Part that these revisions to Subpart H will In reviewing the missing data 75 grace period provisions in appendix help to achieve consistency in the provisions of Subpart H, EPA found a B are considered to be inappropriate for implementation of state and Federal discrepancy between the Agency’s sources that report emissions data only NOX mass emission reduction programs stated intent in the preamble to the during the ozone season. Without a and will help to ensure the quality of October 27, 1998 final rule and the complete record of unit operation for the reported data. regulatory language in § 75.74(c)(6)(i). each year, the regulatory agency will be The preamble states that ‘‘[h]istorical unable to determine whether the IV. Administrative Requirements lookback periods for missing data only required QA tests have been completed A. Public Docket need to include data from the ozone within the allotted grace period. season’’ (63 FR 57483, October 27, Second, § 75.20(b)(3) of today’s final EPA has established Docket A–97–35 1998). However, the rule language in rule provides ‘‘conditional’’ data for the regulations. The docket is an § 75.74(c)(6)(i) does not state this validation procedures for CEMS organized and complete file of all the explicitly, and could be misinterpreted. recertifications. These provisions allow information submitted to, or otherwise The rule language states that all ‘‘quality a probationary period following a considered by, EPA in the development assured data, in accordance with recertification event, during which data of today’s final rule. The principal paragraph (c)(2) or (c)(3) of this section’’ from a CEMS are assigned a purposes of the docket are: (1) to allow are to be used for missing data purposes. ‘‘conditionally valid’’ status. Provided interested parties a means to identify This could be interpreted as meaning that all recertification tests are passed and locate documents so that they can that the data recorded outside the ozone within the probationary period, with no effectively participate in the rulemaking season, in the time period between test failures, § 75.20(b)(3) allows the process; and (2) to serve as the record completion of the pre-ozone season conditionally valid data to be reported in case of judicial review. The docket is quality assurance testing of the CEM as quality-assured. Today’s rule also available for public inspection at EPA’s systems and May 1, are to be included allows these data validation procedures Air Docket, which is listed under the in the missing data lookback periods. to be used for routine linearity checks ADDRESSES section of this notice. This is not what EPA intends; rather, and RATAs, in cases where significant the statement cited above from the repair, adjustment or reprogramming of B. Executive Order 12866 October 27, 1998 preamble accurately the CEMS is done prior to the QA test. Under Executive Order 12866 (58 FR reflects the Agency’s position. The maximum allowable length of the 51735, October 4, 1993), the Therefore, § 75.74(c)(7) of today’s rule probationary period is 168 unit Administrator must determine whether operating hours for a linearity check and clearly states that for purposes of the regulatory action is ‘‘significant’’ 720 unit operating hours for a RATA. missing data substitution, only data and therefore subject to Office of Once again, because these probationary recorded during the ozone season will Management and Budget (OMB) review periods are in terms of unit operating be used for the historical missing data and the requirements of the Executive hours, they can extend outside the lookback periods. Order. The Order defines ‘‘significant Finally, EPA has examined the quality current calendar quarter, into the next regulatory action’’ as one that is likely assurance provisions of Subpart H in quarter and possibly beyond the next to result in a rule that may: view of the many substantial changes to quarter. Therefore, for sources that the quality assurance and data report only during the ozone season, (1) Have an annual effect on the economy validation provisions of Part 75 in some restrictions must be placed on the of $100 million or more or adversely affect today’s rulemaking. The Agency has use of the conditional data validation in a material way the economy, a sector of concluded that, in light of the many the economy, productivity, competition, jobs, procedures in § 75.20(b)(3). the environment, public health or safety, or changes that have been made to Part 75, In view of the above considerations, State, local or tribal governments or the general references in Subpart H to EPA has revised Subpart H to make it communities; the quality assurance provisions in clear which of the Part 75 QA and data (2) Create a serious inconsistency or § 75.21 and appendix B to Part 75 and validation provisions are applicable to otherwise interfere with an action taken or references to the data validation sources that report only in the ozone planned by another agency;

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(3) Materially alter the budgetary impact of the development of EPA regulatory governments in complying with the entitlements, grants, user fees, or loan proposals with significant Federal mandate. In developing this rule, EPA programs or the rights and obligations of intergovernmental mandates, and consulted with local and tribal recipients thereof; or informing, educating, and advising governments to enable them to provide (4) Raise novel legal or policy issues arising out of legal mandates, the President’s small governments on compliance with meaningful and timely input in the priorities, or the principles set forth in the the regulatory requirements. development of this rule. Only local or Executive Order. This rule is not expected to result in tribal governments that own sources expenditures of more than $100 million affected by Acid Rain would be affected This rule is not expected to have an in any one year and therefore is not by this rulemaking. The governments annual effect on the economy of $100 subject to section 202 of the UMRA. that own an Acid Rain affected source million or more. Although the rule is not expected to Pursuant to the terms of Executive were contacted when the proposed rule significantly or uniquely affect small was signed and informed of their right Order 12866, it has been determined governments, the Agency notified all that this rule is a ‘‘significant regulatory to comment on the proposal. EPA potentially affected small governments received a few comment letters from action’’ due to its policy implications. that own or operate units potentially Therefore, the rule was submitted to municipal utilities; these letters affected by the rule in order to assure contained support for many elements of OMB for review. Any written comments that they had the opportunity to have from OMB and any EPA response to the rule, as well as concerns with meaningful and timely input on the certain provisions. The Agency has those comments are included in the rule. EPA will continue to use its public docket for this proposal. The attempted to include changes to the outreach efforts related to part 75 proposed rule revisions based on these docket is available for public inspection implementation, including a policy at EPA’s Air Docket Section, which is and other comments wherever possible manual that is generally updated on a consistent with the purpose and intent listed in the ADDRESSES portion of this quarterly basis, to inform, educate, and preamble. of the rule revisions, and to the extent advise all potentially impacted small justified by the commenters. See section C. Unfunded Mandates Reform Act governments about compliance with III of this preamble and the response to part 75. comments document included in the Title II of the Unfunded Mandates EPA is not directly establishing any Reform Act of 1995 (UMRA), Pub. L. docket for this rulemaking for the regulatory requirements that may Agency’s responses to the specific 104–4, establishes requirements for significantly or uniquely affect small Federal agencies to assess the effects of comments raised. EPA also notes governments, including tribal generally that these sources already their regulatory actions on state, local, governments. Thus, EPA is not obligated and tribal governments and the private have to comply with part 75. Today’s to develop under section 203 of the rule adds more compliance flexibility sector. Under section 202 of the UMRA, UMRA a small government agency plan. EPA generally must prepare a written and may reduce the compliance costs statement, including a cost-benefit D. Executive Order 12875 for some of the sources owned by local analysis, for proposed and final rules Under Executive Order 12875, EPA and tribal governments. with ‘‘Federal mandates’’ that may may not issue a regulation that is not E. Executive Order 13084 result in expenditures to state, local, required by statute and that creates a and tribal governments, in the aggregate, mandate upon a State, local or tribal Under Executive Order 13084, EPA or to the private sector, of $100 million government, unless the Federal may not issue a regulation that is not or more in any one year. Section 205 of government provides the funds required by statute, that significantly or the UMRA generally requires that, necessary to pay the direct compliance uniquely affects the communities of before promulgating rules for which a costs incurred by those governments, or Indian tribal governments, and that written statement is needed, EPA must EPA consults with those governments. If imposes substantial direct compliance identify and consider a reasonable EPA complies by consulting, Executive costs on those communities, unless the number of regulatory alternatives and Order 12875 requires EPA to provide to Federal government provides the funds adopt the least costly, most cost- the Office of Management and Budget a necessary to pay the direct compliance effective, or least burdensome description of the extent of EPA’s prior costs incurred by the tribal alternative that achieves the objectives consultation with representatives of governments, or EPA consults with of the rule. The provisions of section affected State, local and tribal those governments. If EPA complies by 205 do not apply when they are governments, the nature of their consulting, Executive Order 13084 inconsistent with applicable law. concerns, copies of any written requires EPA to provide the Office of Moreover, section 205 allows EPA to communications from the governments, Management and Budget, in a separately adopt an alternative other than the least and a statement supporting the need to identified section of the preamble to the costly, most cost-effective, or least issue the regulation. In addition, rule, a description of the extent of EPA’s burdensome alternative if the Executive Order 12875 requires EPA to prior consultation with representatives Administrator publishes with the final develop an effective process permitting of affected tribal governments, a rule an explanation why that alternative elected officials and other summary of the nature of their concerns, was not adopted. Before EPA establishes representatives of State, local and tribal and a statement supporting the need to any regulatory requirements that may governments ‘‘to provide meaningful issue the regulation. In addition, significantly or uniquely affect small and timely input in the development of Executive Order 13084 requires EPA to governments, including tribal regulatory proposals containing develop an effective process permitting governments, it must have developed significant unfunded mandates.’’ elected officials and other under section 203 of the UMRA a small EPA has concluded that this rule will representatives of Indian tribal government agency plan. The plan must create a mandate on local and tribal governments ‘‘to provide meaningful provide for notifying potentially governments and that the Federal and timely input in the development of affected small governments, enabling government will not provide the funds regulatory policies on matters that officials of affected small governments necessary to pay the direct costs significantly or uniquely affect their to have meaningful and timely input in incurred by the local and tribal communities.’’

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Today’s rule does not significantly or The average annual projected hour fired units, many of which are owned or uniquely affect the communities of burden is 1,225,633, which is based on operated by small entities. Indian tribal governments. Only tribal an estimated average burden of Accordingly, considering all of the governments that own sources affected approximately 421 hours per response, above information, EPA concludes that by the Acid Rain Program are affected quarterly reporting frequency, and an this rule will not have a significant by this rulemaking. As noted above in estimated 728 likely respondents (on a economic impact on a substantial section IV.D. of this preamble, today’s per facility basis). The projected annual number of small entities. rule adds compliance flexibility and cost burden resulting from the H. Submission to Congress and the may reduce compliance costs for any collection of information is General Accounting Office tribal governments that own or operate $192,483,642, which includes a total affected sources. Accordingly, the projected capital and start-up average The Congressional Review Act, 5 requirements of section 3(b) of annualized cost of $92,131,857 (for U.S.C. 801 et seq., as added by the Small Executive Order 13084 do not apply to monitoring equipment/software), total Business Regulatory Enforcement this rule. projected fuel sampling and analysis Fairness Act of 1996, generally provides average annual cost of $581,100, and a that before a rule may take effect, the F. Paperwork Reduction Act total projected operation and Agency promulgating the rule must The information collection maintenance average annual cost (which submit a rule report, which includes a requirements in this rule have been includes purchase of testing contractor copy of the rule, to each House of submitted for approval to the OMB services) of $41,398,000. Burden means Congress and to the Comptroller General under the Paperwork Reduction Act, 44 the total time, effort, or financial of the United States. EPA will submit a U.S.C. 3501, et seq. An Information resources expended by persons to report containing this rule and other Collection Request (ICR) document has generate, maintain, retain, disclose, or required information to the U.S. Senate, been prepared by EPA (ICR No. provide information to or for a Federal the U.S. House of Representatives, and 1633.12), and a copy may be obtained agency. This includes the time needed the Comptroller General of the General from Sandy Farmer, OPPE Regulatory to review instructions; develop, acquire, Accounting Office prior to publication Information Division; U.S. install, and utilize technology and of the rule in today’s Federal Register. Environmental Protection Agency systems for purposes of collecting, This rule is not a ‘‘major rule’’ as (2137); 401 M Street, SW, Washington, validating, and verifying information, defined by U.S.C. 804(2). DC 20460, by calling (202) 260–2740, or processing and maintaining I. Executive Order 13045 via the Internet at www.epa.gov/icr. The information, and disclosing and information requirements are not providing information; adjust the This final rule is not subject to effective until OMB approves them. existing ways to comply with any Executive Order 13045, entitled Currently, all affected facilities are previously applicable instructions and ‘‘Protection of Children from required to keep records and submit requirements; train personnel to be able Environmental Health Risks and Safety electronic quarterly reports under the to respond to a collection of Risks’’ (62 FR 19885, April 23, 1997), provisions of part 75. The revisions to information; search data sources; because it does not involve decisions on the rule include several new options for complete and review the collection of environmental health risks or safety compliance with part 75 which have information; and transmit or otherwise risks that may disproportionately affect been requested by owners or operators disclose the information. children. of affected facilities. To implement An agency may not conduct or these options, EPA will have to modify J. National Technology Transfer and sponsor and a person is not required to Advancement Act the existing recordkeeping and reporting respond to a collection of information, requirements. In some circumstances, unless it displays a currently valid OMB Section 12(d) of National Technology these changes will result in significant control number. The OMB control Transfer and Advancement Act of 1995 reductions in the reporting and numbers for EPA’s regulations are listed (‘‘NTTAA’’), Pub L. 104–113, section recordkeeping burdens or costs for some in 40 CFR part 9 and 48 CFR chapter 15. 12(d) (15 U.S.C. 272 note), directs EPA units (such as low mass emissions to use voluntary consensus standards in units). However, these changes will G. Regulatory Flexibility its regulatory activities unless to do so require modifications to the software The Regulatory Flexibility Act (RFA), would be inconsistent with applicable used to generate electronic reports. In 5 U.S.C. 601, et seq., generally requires law or otherwise impractical. Voluntary addition, there will be some increased an agency to conduct a regulatory consensus standards are technical burden or costs for certain units to flexibility analysis of any rule subject to standards (e.g., materials specifications, fulfill the new quality assurance notice and comment rulemaking test methods, sampling procedures, procedures contained in this rule. requirements unless the agency certifies business practices, etc.) that are Finally, several other technical revisions that the rule will not have a significant developed or adopted by voluntary to the existing reporting and economic impact on a substantial consensus standards bodies. The recordkeeping requirements have been number of small entities. Small entities NTTAA requires EPA to provide adopted to clarify existing provisions or include small businesses, small not-for- Congress, through OMB, explanations to facilitate reporting for other profit enterprises, and governmental when the Agency decides not to use regulatory programs in the context of jurisdictions. This rule will not have a available and applicable voluntary Acid Rain Program reporting. Although significant impact on a substantial consensus standards. these one-time software changes will number of small entities. Part 75 already incorporates a number increase the short-term burdens on Today’s revisions to part 75 result in of voluntary consensus standards. In sources under the Acid Rain Program, a net cost reduction to facilities affected addition, today’s rule includes the changes should reduce a source’s by the Acid Rain Program, including incorporation on two voluntary overall long-term burden by small entities. Most importantly, the consensus standards, in response to streamlining the source’s reporting changes to Appendix D will comments submitted on the proposed obligations under both the Acid Rain significantly reduce the cost of part 75 rulemaking. First, ASTM Program and other parts of the Act. complying with part 75 for oil-and gas- D5373–93 ‘‘Standard Methods for

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Instrumental Determination of Carbon, calibration error test,’’ ‘‘QA operating Oils,’’ grades 1–GT or 2–GT, as defined Hydrogen and Nitrogen in laboratory quarter,’’ ‘‘research gas mixture’’ ‘‘stack by ASTM D2880–90a, ‘‘Standard samples of Coal and Coke.’’ This operating hour,’’ ‘‘standard reference Specification for Gas Turbine Fuel standard is incorporated by reference for material-equivalent compressed gas Oils,’’ or grades 1 or 2, as defined by use under section 2.1 of Appendix G to primary reference material (SRM- ASTM D396–90a, ‘‘Standard part 75. Second, API Sections 2, 3 and equivalent PRM),’’ and ‘‘very low sulfur Specification for Fuel Oils’’ 5 from Chapter 4 of the Manual of fuel;’’ by revising paragraphs (1) (incorporated by reference in § 72.13). Petroleum Standards, October 1988 introductory text, (1)(ii) and (2) of the * * * * * edition. This standard is incorporated definition of ‘‘oil-fired’’ and paragraph EPA protocol gas means a calibration by reference for use under section (2) of the definition of ‘‘peaking unit;’’ gas mixture prepared and analyzed 2.1.5.1 of Appendix D to part 75. by adding a paragraph (3) to the according to section 2 of the ‘‘EPA Consistent with the Agency’s definition of ‘‘peaking unit;’’ and by Traceability Protocol for Assay and Performance Based Measurement removing the definition of ‘‘protocol 1 Certification of Gaseous Calibration System, part 75 sets forth performance gas’’ and to read as follows: Standards,’’ September 1997, EPA–600/ criteria that allow the use of alternative § 72.2 Definitions. R–97/121 or such revised procedure as methods to the ones set forth in part 75. approved by the Administrator. The PBMS approach is intended to be * * * * * more flexible and cost effective for the Calibration gas means: * * * * * regulated community; it is also intended (1) A standard reference material; Fuel flowmeter QA operating quarter (2) A standard reference material- to encourage innovation in analytical means a unit operating quarter in which equivalent compressed gas primary technology and improved data quality. the unit combusts the fuel measured by reference material; the fuel flowmeter for at least 168 unit The EPA is not precluding the use of (3) A NIST traceable reference any method, whether it constitutes a operating hours (as defined in this material; section) or more. voluntary consensus standard or not, as (4) NIST/EPA-approved certified long as it meets the performance criteria reference materials; * * * * * specified, however any alternative (5) A gas manufacturer’s intermediate Gas-fired means: methods must be approved in advance standard; (1) For all purposes under the Acid before they may be used under part 75. (6) An EPA protocol gas; Rain Program, except for part 75 of this (7) Zero air material; or chapter, the combustion of: List of Subjects (8) A research gas mixture. (i) Natural gas or other gaseous fuel 40 CFR Part 72 * * * * * (including coal-derived gaseous fuel), Coal-fired means the combustion of Environmental protection, Acid rain, for at least 90.0 percent of the unit’s fuel consisting of coal or any coal- Air pollution control, Electric utilities, average annual heat input during the derived fuel (except a coal-derived Nitrogen oxides, Sulfur oxides. previous three calendar years and for at gaseous fuel that meets the definition of least 85.0 percent of the annual heat 40 CFR Part 75 ‘‘very low sulfur fuel’’ in this section), input in each of those calendar years; Environmental protection, Air alone or in combination with any other and fuel, where: pollution control, Carbon dioxide, (ii) Any fuel, except coal or solid or Continuous emission monitoring, * * * * * liquid coal-derived fuel, for the Electric utilities, Incorporation by Conditionally valid data means data remaining heat input, if any. from a continuous monitoring system reference, Nitrogen oxides, Reporting (2) For purposes of part 75 of this that are not quality assured, but which and recordkeeping, Sulfur dioxide. chapter, the combustion of: may become quality assured if certain Dated: April 1, 1999. conditions are met. Examples of data (i) Natural gas or other gaseous fuel Carol M. Browner, that may qualify as conditionally valid (including coal-derived gaseous fuel) for Administrator. are: data recorded by an uncertified at least 90.0 percent of the unit’s average annual heat input during the previous For the reasons set out in the monitoring system prior to its initial three calendar years and for at least 85.0 preamble, title 40 chapter I of the Code certification; or data recorded by a percent of the annual heat input in each of Federal Regulations is amended as certified monitoring system following a of those calendar years; and follows: significant change to the system that may affect its ability to accurately (ii) Fuel oil, for the remaining heat PART 72ÐPERMITS REGULATION measure and record emissions. A input, if any. monitoring system must pass a (3) For purposes of part 75 of this 1. The authority for part 72 continues chapter, a unit may initially qualify as to read as follows: probationary calibration error test, in accordance with section 2.1.1 of gas-fired if the designated representative Authority: 42 U.S.C. 7601 and 7651, et seq. appendix B to part 75 of this chapter, to demonstrates to the satisfaction of the 2. Section 72.2 is amended by initiate the conditionally valid data Administrator that the requirements of correcting the definition of ‘‘diesel status. In order for conditionally valid paragraph (2) of this definition are met, fuel;’’ by revising the definitions of emission data to become quality or will in the future be met, through one ‘‘calibration gas,’’ ‘‘coal-fired’’ assured, one or more quality assurance of the following submissions: (introductory text only), ‘‘gas-fired,’’ tests or diagnostic tests must be passed (i) For a unit for which a monitoring ‘‘natural gas,’’ ‘‘pipeline natural gas,’’ within a specified time period in plan has not been submitted under ‘‘span,’’ ‘‘stationary gas turbine,’’ and accordance with § 75.20(b)(3). § 75.62 of this chapter, the designated ‘‘zero air material;’’ by adding, in * * * * * representative submits either: alphabetical order, new definitions for Diesel fuel means a low sulfur fuel oil (A) Fuel usage data for the unit for the ‘‘conditionally valid data,’’ ‘‘EPA of grades 1–D or 2–D, as defined by the three calendar years immediately protocol gas,’’ ‘‘fuel flowmeter QA American Society for Testing and preceding the date of initial submission operating quarter,’’ ‘‘gas manufacturer’s Materials standard ASTM D975–91, of the monitoring plan for the unit intermediate standard,’’ ‘‘probationary ‘‘Standard Specification for Diesel Fuel under § 75.62; or

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(B) If a unit does not have fuel usage as a gas-fired unit for a subsequent year requirements of paragraph (1) of this data for one or more of the three only if the designated representative definition are met, or will in the future calendar years immediately preceding submits the data specified in paragraph be met, through one of the following the date of initial submission of the (3)(ii)(A) of this definition. submissions: monitoring plan for the unit under * * * * * (i) For a unit for which a monitoring § 75.62, the unit’s designated fuel usage; Gas manufacturer’s intermediate plan has not been submitted under all available fuel usage data (including standard (GMIS) means a compressed § 75.62, the designated representative the percentage of the unit’s heat input gas calibration standard that has been submits either: derived from the combustion of gaseous assayed and certified by direct (A) Capacity factor data for the unit fuels), beginning with the date on which comparison to a standard reference for the three calendar years immediately the unit commenced commercial material (SRM), an SRM-equivalent preceding the date of initial submission operation; and the unit’s projected fuel PRM, a NIST/EPA-approved certified of the monitoring plan for the unit usage. reference material (CRM), or a NIST under § 75.62; or (ii) For a unit for which a monitoring traceable reference material (NTRM), in (B) If a unit does not have capacity factor data for one or more of the three plan has already been submitted under accordance with section 2.1.2.1 of the calendar years immediately preceding § 75.62, that has not qualified as gas- ‘‘EPA Traceability Protocol for Assay the date of initial submission of the fired under paragraph (3)(i) of this and Certification of Gaseous Calibration monitoring plan for the unit under definition, and whose fuel usage Standards,’’ September 1997, EPA–600/ § 75.62, all available capacity factor changes, the designated representative R–97/121. submits either: data, beginning with the date on which (A) Three calendar years of data * * * * * the unit commenced commercial Natural gas means a naturally following the change in the unit’s fuel operation; and projected capacity factor usage, showing that no less than 90.0 occurring fluid mixture of hydrocarbons data. percent of the unit’s average annual heat (e.g., methane, ethane, or propane) (ii) For a unit for which a monitoring input during the previous three calendar produced in geological formations plan has already been submitted under years, and no less than 85.0 percent of beneath the Earth’s surface that § 75.62, that has not qualified as a the unit’s annual heat input during any maintains a gaseous state at standard peaking unit under paragraph (2)(i) of one of the previous three calendar years, atmospheric temperature and pressure this definition, and where capacity is from the combustion of gaseous fuels under ordinary conditions. Natural gas factor changes, the designated and the remaining heat input is from the contains 1.0 grain or less of hydrogen representative submits either: combustion of fuel oil; or sulfide per 100 standard cubic feet and (A) Three calendar years of data (B) A minimum of 720 hours of unit the hydrogen sulfide constitutes more following the change in the unit’s operating data following the change in than 50% (by weight) of the total sulfur capacity factor showing an average the unit’s fuel usage, showing that no in the gas fuel. Additionally, natural gas capacity factor of no more than 10.0 less than 90.0 percent of the unit’s heat must meet either be composed of at least percent during the three previous input is from the combustion of gaseous 70% methane by volume or have a gross calendar years and a capacity factor of fuels and the remaining heat input is calorific value between 950 and 1100 no more than 20.0 percent in each of from the combustion of fuel oil, and a Btu per standard cubic foot. Natural gas those calendar years; or statement that this changed pattern of does not include the following gaseous (B) One calendar year of data fuel usage is considered permanent and fuels: landfill gas, digester gas, refinery following the change in the unit’s is projected to continue for the gas, sour gas, blast furnace gas, coal- capacity factor showing a capacity factor foreseeable future. derived gas, producer gas, coke oven of no more than 10.0 percent and a (iii) If a unit qualifies as gas-fired gas, or any gaseous fuel produced in a statement that this changed pattern of under paragraph (3)(i) or (ii) of this process which might result in highly operation resulting in a capacity factor definition, the unit is classified as gas- variable sulfur content or heating value. less than 10.0 percent is considered fired as of the date of the submission * * * * * permanent and is projected to continue under such paragraph. Oil-fired means: for the foreseeable future. (4) For purposes of part 75 of this (1) For all purposes under the Acid (3) For purposes of part 75 of this chapter, a unit that initially qualifies as Rain Program, except part 75 of this chapter, a unit that initially qualifies as gas-fired under paragraph (3)(i) or (ii) of chapter, the combustion of: a peaking unit must meet the criteria in this definition must meet the criteria in (i) * * * paragraph (1) of this definition each paragraph (2) of this definition each (ii) Any solid, liquid or gaseous fuel year in order to continue to qualify as year in order to continue to qualify as (including coal-derived gaseous fuel), a peaking unit. If such a unit fails to gas-fired. If such a unit combusts only other than coal or any other coal- meet such criteria for a given year, the gaseous fuel and fuel oil but fails to derived solid or liquid fuel, for the unit no longer qualifies as a peaking meet such criteria for a given year, the remaining heat input, if any. unit starting January 1 of the year after unit no longer qualifies as gas-fired (2) For purposes of part 75 of this the year for which the criteria are not starting January 1 of the year after the chapter, combustion of only fuel oil and met. If a unit failing to meet the criteria first year for which the criteria are not gaseous fuels, provided that the unit in paragraph (1) of this definition met. If such a unit combusts fuel other involved does not meet the definition of initially qualified as a peaking unit than gaseous fuel or fuel oil and fails to gas-fired. under paragraph (2) of this definition, meet such criteria in a given year, the * * * * * the unit may qualify as a peaking unit unit no longer qualifies as gas-fired Peaking unit means: for a subsequent year only if the starting the day after the first day for * * * * * designated representative submits the which the criteria are not met. If a unit (2) For purposes of part 75 of this data specified in paragraph (2)(ii)(A) of failing to meet the criteria in paragraph chapter, a unit may initially qualify as this definition. (2) of this definition initially qualified a peaking unit if the designated * * * * * as a gas-fired unit under paragraph (3) representative demonstrates to the Pipeline natural gas means natural of this definition, the unit may qualify satisfaction of the Administrator that the gas, as defined in this section, that is

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28588 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations provided by a supplier through a (1) A fuel with a total sulfur content § 72.90 Annual compliance certification pipeline and that contains 0.3 grains or no greater than 0.05 percent sulfur by report. less of hydrogen sulfide per 100 weight; * * * * * standard cubic feet and the hydrogen (2) Natural gas or pipeline natural gas, (c) * * * sulfide in content of the gas constitutes as defined in this section; or (3) Whether all the emissions from the at least 50% (by weight) of the total (3) Any gaseous fuel with a total unit, or a group of units (including the sulfur in the fuel; sulfur content no greater than 20 grains unit) using a common stack, were * * * * * of sulfur per 100 standard cubic feet. monitored or accounted for through the Probationary calibration error test * * * * * missing data procedures and reported in Zero air material means either: means an on-line calibration error test the quarterly monitoring reports, (1) A calibration gas certified by the performed in accordance with section including whether conditionally valid gas vendor not to contain concentrations 2.1.1 of appendix B to part 75 of this data, as defined in § 72.2, were reported of SO2, NOX, or total hydrocarbons chapter that is used to initiate a in the quarterly report. If conditionally above 0.1 parts per million (ppm), a conditionally valid data period. valid data were reported, the owner or concentration of CO above 1 ppm, or a operator shall indicate whether the * * * * * concentration of CO2 above 400 ppm; status of all conditionally valid data has QA operating quarter means a (2) Ambient air conditioned and been resolved and all necessary calendar quarter in which there are at purified by a CEMS for which the CEMS quarterly report resubmissions have least 168 unit operating hours (as manufacturer or vendor certifies that the been made. defined in this section) or, for a particular CEMS model produces * * * * * common stack or bypass stack, a conditioned gas that does not contain calendar quarter in which there are at concentrations of SO2, NOX, or total PART 75ÐCONTINUOUS EMISSION least 168 stack operating hours (as hydrocarbons above 0.1 ppm, a MONITORING defined in this section). concentration of CO above 1 ppm, or a * * * * * concentration of CO2 above 400 ppm; 6. The authority citation for part 75 is (3) For dilution-type CEMS, revised to read as follows: Research gas mixture (RGM) means a conditioned and purified ambient air calibration gas mixture developed by Authority: 42 U.S.C. 7601, 7651k, and provided by a conditioning system agreement of a requestor and NIST that 7651k note. concurrently supplying dilution air to NIST analyzes and certifies as ‘‘NIST the CEMS; or Subpart AÐGeneral traceable.’’ RGMs may have (4) A multicomponent mixture concentrations different from those of certified by the supplier of the mixture 7. Section 75.4 is amended by revising standard reference materials. that the concentration of the component the last sentence of paragraph (a) * * * * * being zeroed is less than or equal to the introductory text, revising the first Span means the highest pollutant or applicable concentration specified in sentence of paragraph (d) introductory diluent concentration or flow rate that a paragraph (1) of this definition, and that text, revising paragraph (d)(1), adding a monitor component is required to be the mixture’s other components do not new sentence to the beginning of capable of measuring under part 75 of interfere with the CEM readings. paragraph (g) introductory text, and this chapter. 3. Section 72.3 is amended by adding, adding a new paragraph (i) to read as follows: * * * * * in alphabetical order, new acronyms for CEMS, kacfm, kscfh, NIST and RATA to Stack operating hour means any hour § 75.4 Compliance dates. read as follows: (or fraction of an hour) during which (a) * * * In accordance with § 75.20, flue gases flow through a common stack § 72.3 Measurements, abbreviations, and the owner or operator of each existing or bypass stack. acronyms. affected unit shall ensure that all * * * * * * * * * * monitoring systems required by this part Standard reference material- CEMS—continuous emission for monitoring SO2, NOX, CO2, opacity, equivalent compressed gas primary monitoring system. moisture and volumetric flow are reference material (SRM-equivalent * * * * * installed and that all certification tests PRM) means those gas mixtures listed in kacfm—thousands of cubic feet per are completed no later than the a declaration of equivalence in minute at actual conditions. following dates (except as provided in accordance with section 2.1.2 of the kscfh—thousands of cubic feet per paragraphs (d) through (i) of this ‘‘EPA Traceability Protocol for Assay hour at standard conditions. section): and Certification of Gaseous Calibration * * * * * * * * * * Standards,’’ September 1997, EPA–600/ NIST—National Institute of Standards (d) In accordance with § 75.20, the R–97/121. and Technology. owner or operator of an existing unit * * * * * * * * * * that is shutdown and is not yet operating by the applicable dates listed Stationary gas turbine means a RATA—relative accuracy test audit. * * * * * in paragraph (a) of this section, or an turbine that is not self-propelled and existing unit which has been placed in that combusts natural gas, other gaseous § 72.6 [Amended] long-term cold storage after having fuel with a total sulfur content no 4. Section 72.6 is amended by previously reported emissions data in greater than the total sulfur content of removing from paragraph (b)(1) the accordance with this part, shall ensure natural gas, or fuel oil in order to heat word ‘‘operation’’ and adding, in its that all monitoring systems required inlet combustion air and thereby turn a place, the words ‘‘commercial under this part for monitoring of SO2, turbine in addition to or instead of operation.’’ NOX, CO2, opacity, and volumetric flow producing steam or heating water. 5. Section 72.90 is amended by are installed and all certification tests * * * * * revising paragraph (c)(3) to read as are completed no later than the earlier Very low sulfur fuel means either: follows: of 45 unit operating days or 180

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Conduits Using Transit-Time Ultrasonic potential NOX emission rate, as defined * * * * * Flowmeters, for appendix D of this part. in section 2.1.2.1 of appendix A to this (f) * * * (4) ASME MFC–6M–1987 with June part, the maximum potential flow rate, (2) The owner or operator is 1987 Errata, Measurement of Fluid Flow as defined in section 2.1.4.1 of appendix monitoring emissions from the unit with in Pipes Using Vortex Flow Meters, for A to this part, or the maximum potential another certified monitoring system or appendix D of this part. CO2 concentration, as defined in section an excepted methodology approved by (5) ASME MFC–7M–1987 (Reaffirmed 2.1.3.1 of appendix A to this part; the Administrator for use at that unit 1992), Measurement of Gas Flow by * * * * * that provides emissions data for the Means of Critical Flow Venturi Nozzles, (g) The provisions of this paragraph same pollutant or parameter as the for appendix D of this part. shall apply unless an owner or operator retired or discontinued monitoring (6) ASME MFC–9M–1988 with is exempt from certifying a fuel system; or December 1989 Errata, Measurement of flowmeter for use during combustion of * * * * * Liquid Flow in Closed Conduits by emergency fuel under section 2.1.4.3 of 9. Section 75.6 is amended by revising Weighing Method, for appendix D of appendix D to this part, in which paragraphs (a)(13), (a)(31), (a)(38), this part. circumstance the provisions of section (a)(39), (b), (c), (e)(1) and (e)(2); by (c) The following materials are 2.1.4.3 of appendix D shall apply. redesignating paragraph (a)(40) as available for purchase from the *** paragraph (a)(41); and by adding new American National Standards Institute * * * * * paragraphs (a)(40) and (f)(3) to read as (ANSI), 11 W. 42nd Street, New York (i) In accordance with § 75.20, the follows: NY 10036: ISO 8316: 1987(E) owner or operator of each affected unit Measurement of Liquid Flow in Closed § 75.6 Incorporation by reference. at which SO2 concentration is measured Conduits-Method by Collection of the on a dry basis or at which moisture * * * * * Liquid in a Volumetric Tank, for corrections are required to account for (a) * * * appendices D and E of this part. (13) ASTM D1826–88, Standard Test CO2 emissions, NOX emission rate in lb/ * * * * * Method for Calorific (Heating) Value of mmBtu, heat input, or NOX mass (e) * * * emissions for units in a NOX mass Gases in Natural Gas Range by (1) American Gas Association Report reduction program, shall ensure that the Continuous Recording Calorimeter, for No. 3: Orifice Metering of Natural Gas continuous moisture monitoring system appendices D and F to this part. and Other Related Hydrocarbon Fluids, required by this part is installed and * * * * * Part 1: General Equations and that all applicable initial certification (31) ASTM D3588–91, Standard Uncertainty Guidelines (October 1990 tests required under § 75.20(c)(5), (c)(6), Practice for Calculating Heat Value, Edition), Part 2: Specification and or (c)(7) for the continuous moisture Compressibility Factor, and Relative Installation Requirements (February monitoring system are completed no Density (Specific Gravity) of Gaseous 1991 Edition) and Part 3: Natural Gas later than the following dates: Fuels, for appendices D and F to this Applications (August 1992 Edition), for (1) April 1, 2000, for a unit that is part. appendices D and E of this part. existing and has commenced * * * * * (2) American Gas Association commercial operation by January 2, (38) ASTM D4891–89, Standard Test Transmission Measurement Committee 2000; or Method for Heating Value of Gases in Report No. 7: Measurement of Gas by (2) For a new affected unit which has Natural Gas Range by Stoichiometric Turbine Meters (Second Revision, April, not commenced commercial operation Combustion, for appendices D and F to 1996), for appendix D to this part. by January 2, 2000, no later than 90 days this part. (f) * * * after the date the unit commences (39) ASTM D5291–92, Standard Test (3) American Petroleum Institute commercial operation; or Methods for Instrumental Determination (API) Section 2, ‘‘Conventional Pipe (3) For an existing unit that is of Carbon, Hydrogen, and Nitrogen in Provers,’’ Section 3, ‘‘Small Volume shutdown and is not yet operating by Petroleum Products and Lubricants, for Provers,’’ and Section 5, ‘‘Master-Meter April 1, 2000, no later than the earlier appendices F and G to this part. Provers,’’ from Chapter 4 of the Manual of 45 unit operating days or 180 (40) ASTM D5373–93, ‘‘Standard of Petroleum Measurement Standards, calendar days after the date that the unit Methods for Instrumental Determination October 1988 (Reaffirmed 1993), for recommences commercial operation. of Carbon, Hydrogen, and Nitrogen in appendix D to this part. 8. Section 75.5 is amended by revising Laboratory Samples of Coal and Coke,’’ 10. Section 75.7 is removed and paragraphs (b), (d), and (f)(2) to read as for appendix G to this part. reserved. follows: (41) * * * (b) The following materials are § 75.7 [Removed and Reserved] § 75.5 Prohibitions. available for purchase from the 11. Section 75.8 is removed and * * * * * American Society of Mechanical reserved. (b) No owner or operator of an Engineers (ASME), 22 Law Drive, Box affected unit shall operate the unit 2350, Fairfield, NJ 07007–2350. § 75.8 [Removed and Reserved] without complying with the (1) ASME MFC–3M–1989 with Subpart B ÐMonitoring Provisions requirements of §§ 75.2 through 75.75 September 1990 Errata, Measurement of and appendices A through G to this Fluid Flow in Pipes Using Orifice, 12. Section 75.10 is amended by part. Nozzle, and Venturi, for appendix D of revising paragraphs (d)(3) and (f) to read * * * * * this part. as follows:

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§ 75.10 General operating requirements. only gaseous fuel is combusted in the (e) Units with SO2 continuous * * * * * unit, the owner or operator shall comply emission monitoring systems during the (d) * * * with the applicable provisions of combustion of gaseous fuel. The owner (3) Failure of an SO2, CO2, or O2 paragraph (e)(1), (e)(2), or (e)(3) of this or operator of an affected unit with an pollutant concentration monitor, flow section. SO2 continuous emission monitoring monitor, or NOX continuous emission (b) Moisture correction. Where SO2 system shall, during any hour in which monitoring system to acquire the concentration is measured on a dry the unit combusts only gaseous fuel, minimum number of data points for basis, the owner or operator shall either: determine SO2 emissions in accordance calculation of an hourly average in (1) Report the appropriate fuel- with paragraph (e)(1), (e)(2) or (e)(3) of paragraph (d)(1) of this section shall specific default moisture value for each this section, as applicable. (1) If the gaseous fuel meets the result in the failure to obtain a valid unit operating hour, selected from definition of ‘‘pipeline natural gas’’ or hour of data and the loss of such among the following: 3.0%, for ‘‘natural gas’’ in § 72.2 of this chapter, component data for the entire hour. An anthracite coal; 6.0% for bituminous the owner or operator may, in lieu of hourly average NOX or SO2 emission coal; 8.0% for sub-bituminous coal; operating and recording data from the rate in lb/mmBtu is valid only if the 11.0% for lignite coal; 13.0% for wood; SO2 monitoring system, determine SO2 minimum number of data points is or acquired by both the pollutant emissions by using Equation F–23 in (2) Install, operate, maintain, and appendix F to this part. Substitute into concentration monitor (NOX or SO2) and quality assure a continuous moisture Equation F–23 the hourly heat input, the diluent monitor (O2 or CO2). For a monitoring system for measuring and calculated using a certified flow moisture monitoring system consisting recording the moisture content of the of one or more oxygen analyzers capable monitoring system and a certified flue gases, in order to correct the diluent monitor, in conjunction with the of measuring O2 on a wet-basis and a measured hourly volumetric flow rates dry-basis, an hourly average percent appropriate default SO2 emission rate for moisture when calculating SO2 mass moisture value is valid only if the from section 2.3.1.1 or 2.3.2.1.1 of emissions (in lb/hr) using the appendix D to this part, and Equation minimum number of data points is procedures in appendix F to this part. acquired for both the wet-and dry-basis D–5 in appendix D to this part. When The following continuous moisture this option is chosen, the owner or measurements. Except for SO2 emission monitoring systems are acceptable: a rate data in lb/mmBtu, if a valid hour of operator shall perform the necessary continuous moisture sensor; an oxygen data acquisition and handling system data is not obtained, the owner or analyzer (or analyzers) capable of tests under § 75.20(c), and shall meet all operator shall estimate and record measuring O2 both on a wet basis and quality control and quality assurance emissions, moisture, or flow data for the on a dry basis; or a stack temperature requirements in appendix B to this part missing hour by means of the automated sensor and a moisture look-up table, i.e., for the flow monitor and the diluent data acquisition and handling system, in a psychometric chart (for saturated gas monitor. accordance with the applicable streams following wet scrubbers or other (2) The owner or operator may, in lieu procedure for missing data substitution demonstrably saturated gas streams, of operating and recording data from the in subpart D of this part. only). The moisture monitoring system SO2 monitoring system, determine SO2 * * * * * shall include as a component the emissions by certifying an excepted (f) Minimum measurement capability automated data acquisition and monitoring system in accordance with requirement. The owner or operator handling system (DAHS) for recording § 75.20 and appendix D to this part, shall ensure that each continuous and reporting both the raw data (e.g., following the applicable fuel sampling emission monitoring system and hourly average wet-and dry-basis O2 and analysis procedures in section 2.3 component thereof is capable of values) and the hourly average values of of appendix D to this part, meeting the accurately measuring, recording, and the stack gas moisture content derived recordkeeping requirements of § 75.55 reporting data, and shall not incur an from those data. When a moisture look- or § 75.58, as applicable, and meeting all exceedance of the full scale range, up table is used, the moisture quality control and quality assurance except as provided in sections 2.1.1.5, monitoring system shall be represented requirements for fuel flowmeters in 2.1.2.5, and 2.1.4.3 of appendix A to this as a single component, the certified appendix D to this part. If this part. DAHS, in the monitoring plan for the compliance option is selected, the * * * * * unit or common stack. hourly unit heat input reported under 13. Section 75.11 is amended by * * * * * § 75.54(b)(5) or § 75.57(b)(5), as revising paragraphs (a), (b), (d)(1), (d)(2), (d) * * * applicable, shall be determined using a certified flow monitoring system and a (e) introductory text, (e)(1), (e)(2), (e)(3) (1) By meeting the general operating introductory text, (e)(3)(ii), (e)(3)(iv), certified diluent monitor, in accordance requirements in § 75.10 for an SO2 with the procedures in section 5.2 of and by removing paragraph (e)(4) to continuous emission monitoring system read as follows: appendix F to this part. The flow and flow monitoring system. If this monitor and diluent monitor shall meet § 75.11 Specific provisions for monitoring option is selected, the owner or operator all of the applicable quality control and SO2 emissions (SO2 and flow monitors). shall comply with the applicable quality assurance requirements of (a) Coal-fired units. The owner or provisions in paragraph (e)(1), (e)(2), or appendix B to this part. operator shall meet the general (e)(3) of this section during hours in (3) The owner or operator may which the unit combusts only gaseous operating requirements in § 75.10 for an determine SO2 mass emissions by using fuel; SO2 continuous emission monitoring a certified SO2 continuous monitoring system and a flow monitoring system for (2) By providing other information system, in conjunction with a certified each affected coal-fired unit while the satisfactory to the Administrator using flow rate monitoring system. However, unit is combusting coal and/or any other the applicable procedures specified in if the unit burns any gaseous fuel that fuel, except as provided in paragraph (e) appendix D to this part for estimating is very low sulfur fuel (as defined in of this section, in § 75.16, and in subpart hourly SO2 mass emissions; or § 72.2 of this chapter), then on and after E of this part. During hours in which * * * * * April 1, 2000, the SO2 monitoring

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Prior operator shall either report a fuel- O2 concentration monitor; fuel F and Fc to April 1, 2000, the owner or operator specific default moisture value for each factors; and, where O2 concentration is may comply with these provisions. unit operating hour, as provided in measured on a dry basis, a continuous * * * * * § 75.11(b)(1), or shall install, operate, moisture monitoring system, as (ii) EPA recommends that the maintain, and quality assure a specified in § 75.11(b)(2), or a fuel- calibration response of the SO2 continuous moisture monitoring system, specific default moisture percentage (if monitoring system be adjusted, either as defined in § 75.11(b)(2). applicable), as defined in § 75.11(b)(1), automatically or manually, in Notwithstanding this requirement, if and by using the methods and accordance with the procedures for Equation 19–3, 19–4 or 19–8 in Method procedures specified in appendix F to routine calibration adjustments in 19 in appendix A to part 60 of this this part. For units using a common section 2.1.3 of appendix B to this part, chapter is used to measure NOX stack, multiple stack, or bypass stack, whenever the zero-level calibration emission rate, the following fuel- the owner or operator may use the response during a required daily specific default moisture percentages provisions of § 75.16, except that the calibration error test exceeds the shall be used in lieu of the default phrase ‘‘CO2 continuous emission applicable performance specification of values specified in § 75.11(b)(1): 5.0%, monitoring system’’ shall apply rather the instrument in section 3.1 of for anthracite coal; 8.0% for bituminous than ‘‘SO2 continuous emission appendix A to this part (i.e., ±2.5 coal; 12.0% for sub-bituminous coal; monitoring system,’’ the term percent of the span value or ±5 ppm, 13.0% for lignite coal; and 15.0% for ‘‘maximum potential concentration of wood. whichever is less restrictive). CO2’’ shall apply rather than ‘‘maximum (c) Determination of NOX emission * * * * * potential concentration of SO2,’’ and the rate. The owner or operator shall phrase ‘‘CO2 mass emissions’’ shall (iv) In accordance with the calculate hourly, quarterly, and annual requirements of section 2.1.1.2 of apply rather than ‘‘SO2 mass NOX emission rates (in lb/mmBtu) by emissions.’’ appendix A to this part, for units that combining the NOX concentration (in * * * * * sometimes burn gaseous fuel that is very ppm), diluent concentration (in percent low sulfur fuel (as defined in § 72.2 of 16. Section 75.16 is amended by: O2 or CO2), and percent moisture (if a. Revising paragraphs (b)(2)(ii)(B), this chapter) and at other times burn applicable) measurements according to higher sulfur fuel(s) such as coal or oil, (b)(2)(ii)(D), (d)(2), and (e)(1); the procedures in appendix F to this b. Removing paragraphs (e)(2) and a second low-scale SO2 measurement part. range is not required when the very low (e)(3); * * * * * c. Redesignating existing paragraphs sulfur gaseous fuel is combusted. For 15. Section 75.13 is amended by (e)(4) and (e)(5) as paragraphs (e)(2) and units that burn only gaseous fuel that is revising paragraphs (a) and (c) to read as (e)(3), respectively; very low sulfur fuel and burn no other follows: d. Adding a new sentence to the end type(s) of fuel(s), the owner or operator of the newly designated paragraph shall set the span of the SO2 monitoring § 75.13 Specific provisions for monitoring CO emissions. (e)(3); and system to a value no greater than 200 2 e. Adding a new paragraph (e)(4), to (a) CO2 continuous emission ppm. read as follows: * * * * * monitoring system. If the owner or 14. Section 75.12 is amended by operator chooses to use the continuous § 75.16 Special provisions for monitoring revising the first sentence in paragraph emission monitoring method, then the emissions from common, bypass, and (a); by redesignating existing paragraphs owner or operator shall meet the general multiple stacks for SO2 emissions and heat input determinations. (b), (c), (d) and (e) as paragraphs (c), (d), operating requirements in § 75.10 for a (e) and (f), respectively; by adding new CO2 continuous emission monitoring * * * * * paragraph (b); and by revising the newly system and flow monitoring system for (b) * * * (2) * * * designated paragraph (c) to read as each affected unit. The owner or (ii) * * * follows: operator shall comply with the applicable provisions specified in (B) Install, certify, operate, and § 75.12 Specific provisions for monitoring §§ 75.11(a) through (e) or § 75.16, except maintain an SO2 continuous emission NOX emission rate (NOX and diluent gas that the phrase ‘‘CO2 continuous monitoring system and flow monitoring monitors). emission monitoring system’’ shall system in the duct from each (a) Coal-fired units, gas-fired apply rather than ‘‘SO2 continuous nonaffected unit; determine SO2 mass nonpeaking units or oil-fired emission monitoring system,’’ the emissions from the affected units as the nonpeaking units. The owner or phrase ‘‘CO2 concentration’’ shall apply difference between SO2 mass emissions operator shall meet the general rather than ‘‘SO2 concentration,’’ the measured in the common stack and SO2 operating requirements in § 75.10 of this term ‘‘maximum potential concentration mass emissions measured in the ducts part for a NOX continuous emission of CO2’’ shall apply rather than of the nonaffected units, not to be monitoring system for each affected ‘‘maximum potential concentration of reported as an hourly average value less coal-fired unit, gas-fired nonpeaking SO2,’’ and the phrase ‘‘CO2 mass than zero; combine emissions for the unit, or oil-fired nonpeaking unit, emissions’’ shall apply rather than ‘‘SO2 Phase I and Phase II affected units for except as provided in paragraph (d) of mass emissions.’’ recordkeeping and compliance this section, § 75.17, and subpart E of * * * * * purposes; and calculate and report SO2 this part. * * * (c) Determination of CO2 mass mass emissions from the Phase I and (b) Moisture correction. If a correction emissions using an O2 monitor Phase II affected units, pursuant to an for the stack gas moisture content is according to appendix F to this part. If approach approved by the needed to properly calculate the NOX the owner or operator chooses to use the Administrator, such that these emission rate in lb/mmBtu, e.g., if the appendix F method, then the owner or emissions are not underestimated; or NOX pollutant concentration monitor operator may determine hourly CO2 * * * * *

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(D) Petition through the designated (a)(1)(ii), (a)(2)(ii), (b)(1)(ii), and (b)(2)(ii) § 75.19 Optional SO2, NOX, and CO2 representative and provide information of this section, the owner or operator of emissions calculation for low mass satisfactory to the Administrator on an affected unit with a diluent monitor emissions units. methods for apportioning SO2 mass and a flow monitor installed on a * * * * * emissions measured in the common common stack to determine the (c) * * * stack to each of the units using the combined heat input at the common (3) * * * common stack and on reporting the SO2 stack shall also determine and report (ii) * * * mass emissions. The Administrator may heat input to each individual unit. (D) * * * approve such demonstrated substitute * * * * * (2) Using the appropriate default methods for apportioning and reporting (3) * * * If using either of these specific gravity value in Table LM–6 of SO2 mass emissions measured in a apportionment methods, the owner or this section. common stack whenever the operator shall apportion according to * * * * * demonstration ensures that there is a section 5.6 of appendix F to this part. (4) * * * complete and accurate accounting of all (4) Notwithstanding paragraph (e)(1) (ii) * * * emissions regulated under this part and, of this section, any affected unit that is in particular, that the emissions from (A) * * * using the procedures in this part to meet Where: any affected unit are not the monitoring and reporting * * * * * underestimated. requirements of a State or federal NOX * * * * * mass emission reduction program must EFNNOX = Either the NOX emission (d) * * * also meet the requirements for factor from Table LM–2 of this section (2) Install, certify, operate, and monitoring heat input in §§ 75.71, 75.72 or the fuel- and unit-specific NOX maintain an SO2 continuous emission and 75.75. emission rate determined under monitoring system and flow monitoring 17. Section 75.17 is amended by paragraph (c)(1)(iv) of this section (lb/ system in each stack. Determine SO2 revising paragraph (a)(2)(i)(C) to read as mmBtu). mass emissions from each affected unit follows: * * * * * as the sum of the SO2 mass emissions recorded for each stack. § 75.17 Specific provisions for monitoring TABLE LM±5.ÐDEFAULT GROSS CAL- emissions from common, by-pass, and Notwithstanding the prior sentence, if ORIFIC VALUES (GCVS) FOR VAR- multiple stacks for NOX emission rate. another unit also exhausts flue gases to IOUS FUELS one or more of the stacks, the owner or * * * * * (a) * * * operator shall also comply with the Fuel GCV for use in equa- applicable common stack requirements (2) * * * tion LM±2 or LM±3 of this section to determine and record (i) * * * (C) Each unit’s compliance with the Pipeline Natural Gas 1050 Btu/scf. SO2 mass emissions from the units Natural Gas ...... 1100 Btu/scf. using that stack and shall calculate and applicable NOX emission limit will be determined by a method satisfactory to Residual Oil ...... 19,700 Btu/lb or report SO2 mass emissions from the 167,500 Btu/gallon. affected units and stacks, pursuant to an the Administrator for apportioning to Diesel Fuel ...... 20,500 Btu/lb or approach approved by the each of the units the combined NOX 151,700 Btu/gallon. Administrator, such that these emission rate (in lb/mmBtu) measured emissions are not underestimated. in the common stack and for reporting * * * * * (e) * * * the NOX emission rate, as provided in (1) The owner or operator of an a petition submitted by the designated Subpart CÐOperation and affected unit using a common stack, representative. The Administrator may Maintenance Requirements bypass stack, or multiple stack with a approve such demonstrated substitute 19. Section 75.20 is amended by: diluent monitor and a flow monitor on methods for apportioning and reporting a. Revising the title of the section; each stack may choose to install NOX emission rate measured in a monitors to determine the heat input for common stack whenever the b. Revising the titles of paragraphs (c), the affected unit, wherever flow and demonstration ensures that there is a (d) and (g); diluent monitor measurements are used complete and accurate estimation of all c. Revising the introductory text of to determine the heat input, using the emissions regulated under this part and, paragraphs (a), (c) and (g); procedures specified in paragraphs (a) in particular, that the emissions from d. Revising paragraphs (a)(1), (a)(3), through (d) of this section, except that any unit with a NOX emission limitation (a)(4) introductory text, (a)(4)(i), the term ‘‘heat input’’ shall apply rather are not underestimated. (a)(4)(ii), (a)(4)(iii), (a)(5)(i), (b), (c)(1), than ‘‘SO2 mass emissions’’ or * * * * * (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (d)(1), (d)(2), ‘‘emissions’’ and the phrase ‘‘a diluent 18. Section 75.19 is amended by: (g)(1), (g)(1)(i), (g)(2), (g)(4), (g)(5) and monitor and a flow monitor’’ shall apply a. Redesignating Tables 1, 2, 3, 4, 5 (h)(2); rather than ‘‘SO2 continuous emission and 6 as LM–1, LM–2, LM–3, LM–4, e. Removing existing paragraph (c)(3); monitoring system and flow monitoring LM–5 and LM–6, respectively; f. Redesignating existing paragraphs system.’’ The applicable equation in b. Revising all references to Tables 1, (c)(4), (c)(5), (c)(6), (c)(7), and (c)(8) as appendix F to this part shall be used to 2, 3, 4, 5 and 6 in § 75.19 to LM–1, LM– paragraphs (c)(3), (c)(4), (c)(8), (c)(9), calculate the heat input from the hourly 2, LM–3, LM–4, LM–5, and LM–6, and (c)(10), respectively; flow rate, diluentmonitor respectively; g. Revising newly redesignated measurements, and (if the equation in c. Revising newly designated Table paragraphs (c)(3), (c)(4) introductory appendix F requires a correction for the LM–5; text, (c)(8) introductory text, (c)(8)(i), stack gas moisture content) hourly d. Correcting paragraph (c)(3)(ii)(D)(2) and (c)(10) introductory text; and moisture measurements. and the term ‘‘EFNOX’’ that follows Eq. h. Adding new paragraphs (c)(5), Notwithstanding the options for LM–10 in paragraph (c)(4)(ii)(A) to read (c)(6), (c)(7), (g)(6) and (g)(7), to read as combining heat input in paragraphs as follows: follows:

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§ 75.20 Initial certification and recertification) by issuing a notice of (iii) Disapproval notice. If the recertification procedures. disapproval within 120 days of receipt certification (or recertification) (a) Initial certification approval by the Administrator of the complete application shows that any continuous process. The owner or operator shall certification (or recertification) emission or opacity monitoring system ensure that each continuous emission or application. Note that when the data or component thereof does not meet the opacity monitoring system required by validation procedures of paragraph performance requirements of this part, this part, which includes the automated (b)(3) of this section are used for the or if the certification (or recertification) data acquisition and handling system, initial certification (or recertification) of application is incomplete and the and, where applicable, the CO2 a continuous emissions monitoring requirement for disapproval under continuous emission monitoring system, system, the date and time of provisional paragraph (a)(4)(ii) of this section has meets the initial certification certification (or recertification) of the been met, the Administrator shall issue requirements of this section and shall CEMS may be earlier than the date and a written notice of disapproval of the ensure that all applicable initial time of completion of the required certification (or recertification) certification tests under paragraph (c) of certification (or recertification) tests. application within 120 days of receipt. this section are completed by the (4) Certification (or recertification) By issuing the notice of disapproval, the deadlines specified in § 75.4 and prior application formal approval process. provisional certification (or to use in the Acid Rain Program. In The Administrator will issue a notice of recertification) is invalidated by the addition, whenever the owner or approval or disapproval of the Administrator, and the data measured operator installs a continuous emission certification (or recertification) and recorded by each uncertified or opacity monitoring system in order to application to the owner or operator continuous emission or opacity meet the requirements of §§ 75.11 within 120 days of receipt of the monitoring system or component through 75.18, where no continuous complete certification (or recertification) thereof shall not be considered valid emission or opacity monitoring system application. In the event the quality-assured data as follows: from the was previously installed, initial Administrator does not issue such a hour of the probationary calibration certification is required. notice within 120 days of receipt, each error test that began the initial (1) Notification of initial certification continuous emission or opacity certification (or recertification) test test dates. The owner or operator or monitoring system which meets the period (if the data validation procedures designated representative shall submit a performance requirements of this part of paragraph (b)(3) of this section were written notice of the dates of initial and is included in the certification (or used to retrospectively validate data); or certification testing at the unit as recertification) application will be from the date and time of completion of specified in § 75.61(a)(1). deemed certified (or recertified) for use the invalid certification or * * * * * under the Acid Rain Program. recertification tests (if the data (3) Provisional approval of (i) Approval notice. If the certification validation procedures of paragraph certification (or recertification) (or recertification) application is (b)(3) of this section were not used), applications. Upon the successful complete and shows that each until the date and time that the owner completion of the required certification continuous emission or opacity or operator completes subsequently (or recertification) procedures of this monitoring system meets the approved initial certification or section for each continuous emission or performance requirements of this part, recertification tests. The owner or opacity monitoring system or then the Administrator will issue a operator shall follow the procedures for component thereof, continuous notice of approval of the certification (or loss of initial certification in paragraph emission or opacity monitoring system recertification) application within 120 (a)(5) of this section for each continuous or component thereof shall be deemed days of receipt. emission or opacity monitoring system provisionally certified (or recertified) for (ii) Incomplete application notice. A or component thereof which is use under the Acid Rain Program for a certification (or recertification) disapproved for initial certification. For period not to exceed 120 days following application will be considered complete each disapproved recertification, the receipt by the Administrator of the when all of the applicable information owner or operator shall follow the complete certification (or recertification) required to be submitted in § 75.63 has procedures of paragraph (b)(5) of this application under paragraph (a)(4) of been received by the Administrator, the section. this section. Notwithstanding this EPA Regional Office, and the * * * * * paragraph, no continuous emission or appropriate State and/or local air (5) * * * opacity monitor systems for a pollution control agency. If the (i) Until such time, date, and hour as combustion source seeking to enter the certification (or recertification) the continuous emission monitoring Opt-in Program in accordance with part application is not complete, then the system or component thereof can be 74 of this chapter shall be deemed Administrator will issue a notice of adjusted, repaired, or replaced and provisionally certified (or recertified) for incompleteness that provides a certification tests successfully use under the Acid Rain Program. Data reasonable timeframe for the designated completed, the owner or operator shall measured and recorded by a representative to submit the additional substitute the following values, as provisionally certified (or recertified) information required to complete the applicable, for each hour of unit continuous emission or opacity certification (or recertification) operation during the period of invalid monitoring system or component application. If the designated data specified in paragraph (a)(4)(iii) of thereof, operated in accordance with the representative has not complied with this section or in § 75.21: the maximum requirements of appendix B to this part, the notice of incompleteness by a potential concentration of SO2, as will be considered valid quality-assured specified due date, then the defined in section 2.1.1.1 of appendix A data (retroactive to the date and time of Administrator may issue a notice of to this part, to report SO2 concentration; provisional certification or disapproval specified under paragraph the maximum potential NOX emission recertification), provided that the (a)(4)(iii) of this section. The 120-day rate, as defined in § 72.2 of this chapter, Administrator does not invalidate the review period shall not begin prior to to report NOX emissions in lb/mmBtu; provisional certification (or receipt of a complete application. the maximum potential concentration of

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NOX, as defined in section 2.1.2.1 of recertification event; however, records initial certifications (see sections 6.2(a), appendix A to this part, to report NOX of the polynomial coefficients or K 6.3.1(a), 6.3.2(a), 6.4(a) and 6.5(f) of emissions in ppm (when a NOX factor (s) currently in use shall be appendix A to this part) and may be concentration monitoring system is used maintained on-site in a format suitable used to supplement the linearity check to determine NOX mass emissions, as for inspection. Changing the coefficient and RATA data validation procedures in defined under § 75.71(a)(2)); the or K factor(s) of a moisture monitoring sections 2.2.3(b) and 2.3.2(b) of maximum potential flow rate, as defined system shall require a RATA, but is not appendix B to this part. in section 2.1.4.1 of appendix A to this considered to be a recertification event; (i) In the period extending from the part, to report volumetric flow; the however, records of the coefficient or K hour of the replacement, modification or maximum potential concentration of factor (s) currently in use by the change made to a monitoring system CO2, as defined in section 2.1.3.1 of moisture monitoring system shall be that triggers the need to perform appendix A to this part, to report CO2 maintained on-site in a format suitable recertification test(s) of the CEMS to the concentration data; and either the for inspection. In such cases, any other hour of successful completion of a minimum potential moisture tests that are necessary to ensure probationary calibration error test percentage, as defined in section 2.1.5 of continued proper operation of the (according to paragraph (b)(3)(ii) of this appendix A to this part or, if Equation monitoring system (e.g., 3-load flow section) following the replacement, 19–3, 19–4 or 19–8 in Method 19 in RATAs following changes to flow modification, or change to the CEMS, appendix A to part 60 of this chapter is monitor polynomial coefficients, the owner or operator shall either used to determine NOX emission rate, linearity checks, calibration error tests, substitute for missing data, according to the maximum potential moisture DAHS verifications, etc.) shall be the standard missing data procedures in percentage, as defined in section 2.1.6 of performed as diagnostic tests, rather §§ 75.33 through 75.37, or report appendix A to this part; and than as recertification tests. The data emission data using a reference method or another monitoring system that has * * * * * validation procedures in paragraph been certified or approved for use under (b) Recertification approval process. (b)(3) of this section shall be applied to this part. Notwithstanding this Whenever the owner or operator makes RATAs associated with changes to flow or moisture monitor coefficients, and to requirement, if the replacement, a replacement, modification, or change linearity checks, 7-day calibration error modification, or change requiring in a certified continuous emission tests, and cycle time tests, when these recertification of the CEMS is such that monitoring system or continuous are required as diagnostic tests. When the historical data stream is no longer opacity monitoring system that may the data validation procedures of representative (e.g., where the SO2 significantly affect the ability of the paragraph (b)(3) of this section are concentration and stack flow rate system to accurately measure or record applied in this manner, replace the change significantly after installation of the SO2 or CO2 concentration, stack gas word ‘‘recertification’’ with the word a wet scrubber), the owner or operator volumetric flow rate, NOX emission rate, ‘‘diagnostic.’’ shall substitute for missing data as percent moisture, or opacity, or to meet (1) Tests required. For all follows, in the period extending from the requirements of § 75.21 or appendix recertification testing, the owner or the hour of commencement of the B to this part, the owner or operator operator shall complete all initial replacement, modification, or change shall recertify the continuous emission certification tests in paragraph (c) of this requiring recertification of the CEMS to monitoring system or continuous section that are applicable to the the hour of commencement of the opacity monitoring system, according to monitoring system, except as otherwise recertification test period: For a change the procedures in this paragraph. approved by the Administrator. For that results in a significantly higher Furthermore, whenever the owner or diagnostic testing after changing the concentration or flow rate, substitute operator makes a replacement, flow rate monitor polynomial maximum potential values according to modification, or change to the flue gas coefficients, the owner or operator shall the procedures in paragraph (a)(5) of handling system or the unit operation complete a 3-level RATA. For diagnostic this section; or for a change that results that may significantly change the flow testing after changing the K factor or in a significantly lower concentration or or concentration profile, the owner or mathematical algorithm of a moisture flow rate, substitute data using the operator shall recertify the monitoring monitoring system, the owner or standard missing data procedures. The system according to the procedures in operator shall complete a RATA. owner or operator shall then use the this paragraph. Examples of changes (2) Notification of recertification test initial missing data procedures in which require recertification include: dates. The owner, operator, or § 75.31, beginning with the first hour of replacement of the analyzer; change in designated representative shall submit quality assured data obtained with the location or orientation of the sampling notice of testing dates for recertification recertified monitoring system, unless probe or site; and complete replacement under this paragraph as specified in otherwise provided by § 75.34 for units of an existing continuous emission § 75.61(a)(1)(ii), unless all of the tests in with add-on emission controls. The first monitoring system or continuous paragraph (c) of this section are not hour of quality-assured data for the opacity monitoring system. The owner required for recertification, in which recertified monitoring system shall be or operator shall recertify a continuous case the owner or operator shall provide determined in accordance with opacity monitoring system whenever notice in accordance with the notice paragraphs (b)(3)(ii) through (b)(3)(ix) of the monitor path length changes or as provisions for initial certification testing this section. required by an applicable State or local in § 75.61(a)(1)(i). (ii) Once the modification or change regulation or permit. Any change to a (3) Recertification test period to the CEMS has been completed and all flow monitor or gas monitoring system requirements and data validation. The of the associated repairs, component for which a RATA is not necessary shall data validation provisions in paragraphs replacements, adjustments, not be considered a recertification (b)(3)(i) through (b)(3)(ix) of this section linearization, and reprogramming of the event. In addition, changing the shall apply to all CEMS recertifications CEMS have been completed, a polynomial coefficients or K factor(s) of and diagnostic testing. The provisions probationary calibration error test is a flow monitor shall require a 3-load in paragraphs (b)(3)(ii) through (b)(3)(ix) required to establish the beginning point RATA, but is not considered to be a of this section may also be applied to of the recertification test period. In this

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The period, data validation shall be done as again; probationary calibration error test must follows: (C) If a 7-day calibration error test is be passed before any of the required (A) If any required recertification test failed within the recertification test recertification tests are commenced. is failed, it shall be repeated. If any period, previously-recorded (iii) Beginning with the hour of recertification test other than a 7-day conditionally valid emission data from commencement of a recertification test calibration error test is failed or aborted the CEMS are not invalidated. The period, emission data recorded by the due to a problem with the CEMS, the conditionally valid data status is CEMS are considered to be original recertification test period is unaffected, unless the calibration error conditionally valid, contingent upon the ended, and a new recertification test on the day of the failed 7-day calibration results of the subsequent recertification period must be commenced with a error test exceeds twice the performance tests. probationary calibration error test. The specification in section 3 of appendix A (iv) Each required recertification test tests that are required in the new to this part, as described in paragraph shall be completed no later than the recertification test period will include (b)(3)(vii)(D) of this section; and following number of unit operating any tests that were required for the (D) If a daily calibration error test is hours (or unit operating days) after the initial recertification event which were failed during a recertification test period probationary calibration error test that not successfully completed and any (i.e., the results of the test exceed twice initiates the test period: recertification or diagnostic tests that the performance specification in section are required as a result of changes made 3 of appendix A to this part), the CEMS (A) For a linearity check and/or cycle to the monitoring system to correct the is out-of-control as of the hour in which time test, 168 consecutive unit operating problems that caused the failure of the the calibration error test is failed. hours, as defined in § 72.2 of this recertification test. For a 2- or 3-load Emission data from the CEMS shall be chapter or, for CEMS installed on flow RATA, if the relative accuracy test invalidated prospectively from the hour common stacks or bypass stacks, 168 is passed at one or more load levels, but of the failed calibration error test until consecutive stack operating hours, as is failed at a subsequent load level, the hour of completion of a subsequent defined in § 72.2 of this chapter; provided that the problem that caused successful calibration error test (B) For a RATA (whether normal-load the RATA failure is corrected without following corrective action, at which or multiple-load), 720 consecutive unit re-linearizing the instrument, the length time the conditionally valid status of operating hours, as defined in § 72.2 of of the new recertification test period data from the monitoring system this chapter or, for CEMS installed on shall be equal to the number of unit resumes. Failure to perform a required common stacks or bypass stacks, 720 operating hours remaining in the daily calibration error test during a consecutive stack operating hours, as original recertification test period, as of recertification test period shall also defined in § 72.2 of this chapter; and the hour of failure of the RATA. cause data from the CEMS to be (C) For a 7-day calibration error test, However, if re-linearization of the flow invalidated prospectively, from the hour 21 consecutive unit operating days, as monitor is required after a flow RATA in which the calibration error test was defined in § 72.2 of this chapter. is failed at a particular load level, then due until the hour of completion of a (v) All recertification tests shall be a subsequent 3-load RATA is required, subsequent successful calibration error performed hands-off. No adjustments to and the new recertification test period test. Whenever a calibration error test is the calibration of the CEMS, other than shall be 720 consecutive unit (or stack) failed or missed during a recertification the routine calibration adjustments operating hours. The new recertification test period, no further recertification following daily calibration error tests as test sequence shall not be commenced tests shall be performed until the described in section 2.1.3 of appendix B until all necessary maintenance required subsequent calibration error to this part, are permitted during the activities, adjustments, linearizations, test has been passed, re-establishing the recertification test period. Routine daily and reprogramming of the CEMS have conditionally valid status of data from calibration error tests shall be performed been completed; the monitoring system. If a calibration throughout the recertification test (B) If a linearity check, RATA, or error test failure occurs while a linearity period, in accordance with section 2.1.1 cycle time test is failed or aborted due check or RATA is still in progress, the of appendix B to this part. The to a problem with the CEMS, all linearity check or RATA must be re- additional calibration error test conditionally valid emission data started. requirements in section 2.1.3 of recorded by the CEMS are invalidated, (E) Trial gas injections and trial RATA appendix B to this part shall also apply from the hour of commencement of the runs are permissible during the during the recertification test period. recertification test period to the hour in recertification test period, prior to (vi) If all of the required which the test is failed or aborted, commencing a linearity check or RATA, recertification tests and required daily except for the case in which a multiple- for the purpose of optimizing the calibration error tests are successfully load flow RATA is passed at one or performance of the CEMS. The results of completed in succession with no more load levels, failed at a subsequent such gas injections and trial runs shall failures, and if each recertification test load level, and the problem that caused not affect the status of previously- is completed within the time period the RATA failure is corrected without recorded conditionally valid data or specified in paragraph (b)(3)(iv)(A), (B), re-linearizing the instrument. In that result in termination of the or (C) of this section, then all of the case, data invalidation shall be recertification test period, provided that conditionally valid emission data prospective, from the hour of failure of the following specifications and recorded by the CEMS shall be the RATA until the commencement of conditions are met: considered quality assured, from the the new recertification test period. Data (1) For gas injections, the stable, hour of commencement of the from the CEMS remain invalid until the ending monitor response is within ±5

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The procedures for reference method value or ±15 ppm, or completed in a subsequent quarter, the provisional certification in paragraph ±1.5% H2O, or ±0.02 lb/mmBtu from the owner or operator shall indicate this by (a)(3) of this section shall apply to average reference method value, as means of a suitable conditionally valid recertification applications. The applicable; data flag in the electronic quarterly Administrator will issue a notice of (3) No adjustments to the calibration report for that quarter. The owner or approval, disapproval, or of the CEMS are made following the operator shall resubmit the report for incompleteness according to the trial injection(s) or run(s), other than the that quarter if the required procedures in paragraph (a)(4) of this adjustments permitted under section recertification test is subsequently section. In the event that a 2.1.3 of appendix B to this part; and failed. In the resubmitted report, the recertification application is (4) The CEMS is not repaired, re- owner or operator shall use the disapproved, data from the monitoring linearized or reprogrammed (e.g., appropriate missing data routine in system are invalidated and the changing flow monitor polynomial § 75.31 or § 75.33 to replace with applicable missing data procedures in coefficients, linearity constants, or K- substitute data each hour of § 75.31 or § 75.33 shall be used from the factors) after the trial injection(s) or conditionally valid data that was date and hour of receipt of the run(s). invalidated by the failed recertification disapproval notice back to the hour of (F) If the results of any trial gas test. Alternatively, if any required the probationary calibration error test that began the recertification test period. injection(s) or RATA run(s) are outside recertification test is not completed by Data from the monitoring system remain the limits in paragraphs (b)(3)(vii)(E)(1) the end of a particular calendar quarter invalid until a subsequent probationary or (2) of this section or if the CEMS is but is completed no later than 30 days calibration error test is passed, repaired, re-linearized or reprogrammed after the end of that quarter (i.e., prior beginning a new recertification test after the trial injection(s) or run(s), the to the deadline for submitting the period. The owner or operator shall trial injection(s) or run(s) shall be quarterly report under § 75.64), the test repeat all recertification tests or other counted as a failed linearity check or data and results may be submitted with requirements, as indicated in the RATA attempt. If this occurs, follow the the earlier quarterly report even though Administrator’s notice of disapproval, procedures pertaining to failed and the test date(s) are from the next calendar quarter. In such instances, if no later than 30 unit operating days aborted recertification tests in after the date of issuance of the notice paragraphs (b)(3)(vii)(A) and the recertification test(s) are passed in accordance with the provisions of of disapproval. The designated (b)(3)(vii)(B) of this section. representative shall submit a (viii) If any required recertification paragraph (b)(3) of this section, conditionally valid data may be notification of the recertification retest test is not completed within its allotted dates, as specified in § 75.61(a)(1)(ii), time period, data validation shall be reported as quality-assured, in lieu of reporting a conditional data flag. If the and shall submit a new recertification done as follows. For a late linearity test, application according to the procedures recertification test(s) is failed and if RATA, or cycle time test that is passed in paragraph (b)(4) of this section. conditionally valid data are replaced, as on the first attempt, data from the (c) Initial certification and monitoring system shall be invalidated appropriate, with substitute data, then recertification procedures. Prior to the from the hour of expiration of the neither the reporting of a conditional deadline in § 75.4, the owner or operator recertification test period until the hour data flag nor resubmission is required. shall conduct initial certification tests of completion of the late test. For a late In addition, if the owner or operator and in accordance with § 75.63, the 7-day calibration error test, whether or uses a conditionally valid data flag in designated representative shall submit not it is passed on the first attempt, data any of the four quarterly reports for a an application to demonstrate that the from the monitoring system shall also be given year, the owner or operator shall continuous emission or opacity invalidated from the hour of expiration indicate the final status of the monitoring system and components of the recertification test period until conditionally valid data (i.e., resolved or thereof meet the specifications in the hour of completion of the late test. unresolved) in the annual compliance appendix A to this part. The owner or For a late linearity test, RATA, or cycle certification report required under operator shall compare reference time test that is failed on the first § 72.90 of this chapter for that year. The method values with output from the attempt or aborted on the first attempt Administrator may invalidate any automated data acquisition and due to a problem with the monitor, all conditionally valid data that remains handling system that is part of the conditionally valid data from the unresolved at the end of a particular continuous emission monitoring system monitoring system shall be considered calendar year and may require the being tested. Except as specified in invalid back to the hour of the first owner or operator to resubmit one or paragraphs (b)(1), (d), and (e) of this probationary calibration error test which more of the quarterly reports for that section, the owner or operator shall initiated the recertification test period. calendar year, replacing the unresolved perform the following tests for initial Data from the monitoring system shall conditionally valid data with substitute certification or recertification of remain invalid until the hour of data values determined in accordance continuous emission or opacity successful completion of the late with § 75.31 or § 75.33, as appropriate. monitoring systems or components recertification test and any additional (4) Recertification application. The according to the requirements of recertification or diagnostic tests that designated representative shall apply for appendix A to this part: are required as a result of changes made recertification of each continuous (1) For each SO2 pollutant to the monitoring system to correct emission or opacity monitoring system concentration monitor, each NOX problems that caused failure of the late used under the Acid Rain Program. The concentration monitoring system used recertification test. owner or operator shall submit the to determine NOX mass emissions, as

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28597 defined under § 75.71(a)(2), and for each (i) A demonstration that the correct non-redundant backup CEMS that has NOX-diluent continuous emission moisture value for each hour is being its own separate probe, sample monitoring system: taken from the moisture lookup tables interface, and analyzer), or a non- (i) A 7-day calibration error test, and applied to the emission redundant backup flow monitor, all of where, for the NOX-diluent continuous calculations. At a minimum, the the tests in paragraph (c) of this section emission monitoring system, the test is demonstration shall be made at three are required for initial certification of performed separately on the NOX different temperatures covering the the system, except for the 7-day pollutant concentration monitor and the normal range of stack temperatures from calibration error test. diluent gas monitor; low to high. (ii) For a like-kind replacement non- (ii) A linearity check, where, for the (ii) [Reserved] redundant backup analyzer (i.e., a non- NOX-diluent continuous emission (8) The owner or operator shall ensure redundant backup analyzer that uses the monitoring system, the test is performed that initial certification or recertification same probe and sample interface as a separately on the NOX pollutant of a continuous opacity monitor for use primary monitoring system), no initial concentration monitor and the diluent under the Acid Rain Program is certification of the analyzer is required. gas monitor; conducted according to one of the A non-redundant backup analyzer, (iii) A relative accuracy test audit. For following procedures: connected to the same probe and the NOX-diluent continuous emission (i) Performance of the tests for initial interface as a primary CEMS in order to monitoring system, the RATA shall be certification or recertification, according satisfy the dual span requirements of done on a system basis, in units of lb/ to the requirements of Performance section 2.1.1.4 or 2.1.2.4 of appendix A mmBtu. For the NOX concentration Specification 1 in appendix B to part 60 to this part, shall be treated in the same monitoring system, the RATA shall be of this chapter; or manner as a like-kind replacement done on a ppm basis. * * * * * analyzer. (iii) Each non-redundant backup * * * * * (10) The owner or operator shall CEMS or like-kind replacement analyzer (3) The initial certification test data provide adequate facilities for initial shall comply with the daily and from an O2 or a CO2 diluent gas monitor certification or recertification testing quarterly quality assurance and quality certified for use in a NOX continuous that include: control requirements in appendix B to emission monitoring system may be * * * * * this part for each day and quarter that submitted to meet the requirements of (d) Initial certification and the non-redundant backup CEMS or paragraph (c)(4) of this section. Also, for recertification and quality assurance like-kind replacement analyzer is used a diluent monitor that is used both as a procedures for optional backup to report data, and shall meet the CO2 monitoring system and to continuous emission monitoring additional linearity and calibration error determine heat input, only one set of systems. (1) Redundant backups. The test requirements specified in this diluent monitor certification data need owner or operator of an optional paragraph. The owner or operator shall be submitted (under the component and redundant backup CEMS shall comply ensure that each non-redundant backup system identification numbers of the with all the requirements for initial CEMS or like-kind replacement analyzer CO2 monitoring system). certification and recertification passes a linearity check (for pollutant (4) For each CO2 pollutant according to the procedures specified in concentration and diluent gas monitors) concentration monitor, each O2 monitor paragraphs (a), (b), and (c) of this or a calibration error test (for flow which is part of a CO2 continuous section. The owner or operator shall monitors) prior to each use for recording emission monitoring system, each operate the redundant backup CEMS and reporting emissions. For a primary diluent monitor used to monitor heat during all periods of unit operation, NOX-diluent or SO2-diluent CEMS input and each SO2-diluent continuous except for periods of calibration, quality consisting of the primary pollutant emission monitoring system: assurance, maintenance, or repair. The analyzer and a like-kind replacement * * * * * owner or operator shall perform upon diluent analyzer (or vice-versa), (5) For each continuous moisture the redundant backup CEMS all quality provided that the primary pollutant or monitoring system consisting of wet- assurance and quality control diluent analyzer (as applicable) is and dry-basis O2 analyzers: procedures specified in appendix B to operating and is not out-of-control with (i) A 7-day calibration error test of this part, except that the daily respect to any of its quality assurance each O2 analyzer; assessments in section 2.1 of appendix requirements, only the like-kind (ii) A cycle time test of each O2 B to this part are optional for days on replacement analyzer must pass a analyzer; which the redundant backup CEMS is linearity check before the system is used (iii) A linearity test of each O2 not used to report emission data under for data reporting. When a non- analyzer; and this part. For any day on which a redundant backup CEMS or like-kind (iv) A RATA, directly comparing the redundant backup CEMS is used to replacement analyzer is brought into percent moisture measured by the report emission data, the system must service, prior to conducting the linearity monitoring system to a reference meet all of the applicable daily test, a probationary calibration error test method. assessment criteria in appendix B to this (as described in paragraph (b)(3)(ii) of (6) For each continuous moisture part. this section), which will begin a period sensor: A RATA, directly comparing the (2) Non-redundant backups. The of conditionally valid data, may be percent moisture measured by the owner or operator of an optional non- performed in order to allow the monitor sensor to a reference method. redundant backup CEMS or like-kind validation of data retrospectively, as (7) For a continuous moisture replacement analyzer shall comply with follows. Conditionally valid data from monitoring system consisting of a all of the following requirements for the CEMS or like-kind replacement temperature sensor and a data initial certification, quality assurance, analyzer are validated back to the hour acquisition and handling system recertification, and data reporting: of completion of the probationary (DAHS) software component (i) Except as provided in paragraph calibration error test if the following programmed with a moisture lookup (d)(2)(v) of this section, for a regular conditions are met: if no adjustments table: non-redundant backup CEMS (i.e., a are made to the CEMS or like-kind

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The owner or specified in section 2.1.3 of appendix B passing RATA at that location. operator shall use the following to this part between the probationary (vii) Each regular non-redundant procedures for initial certification and calibration error test and the successful backup CEMS shall be represented in recertification of an excepted completion of the linearity test; and if the monitoring plan required under monitoring system under appendix D or the linearity test is passed within 168 § 75.53 as a separate monitoring system, E to this part. unit (or stack) operating hours of the with unique system and component (i) When the optional SO2 mass probationary calibration error test. identification numbers. When like-kind emissions estimation procedure in However, if the linearity test is either replacement non-redundant backup appendix D to this part or the optional failed, aborted due to a problem with analyzers are used, the owner or NOX emissions estimation protocol in the CEMS or like-kind replacement operator shall represent each like-kind appendix E to this part is used, the analyzer, or is not completed as replacement analyzer used during a owner or operator shall provide data required, then all of the conditionally particular calendar quarter in the from a flowmeter accuracy test (or shall valid data are invalidated back to the monitoring plan required under § 75.53 provide a statement of calibration if the hour of the probationary calibration as a component of a primary monitoring flowmeter meets the accuracy standard error test, and data from the non- system. The owner or operator shall also by design) for each fuel flowmeter, redundant backup CEMS or from the assign a unique component according to section 2.1.5.1 of appendix primary monitoring system of which the identification number to each like-kind D to this part. like-kind replacement analyzer is a part replacement analyzer and specify the * * * * * remain invalid until the hour of manufacturer, model and serial number (2) Initial certification and completion of a successful linearity test. of the like-kind replacement analyzer. recertification testing notification. The (iv) When data are reported from a designated representative shall provide non-redundant backup CEMS or like- This information may be added, deleted or updated as necessary, from quarter to initial certification testing notification kind replacement analyzer, the and routine periodic retesting appropriate bias adjustment factor shall quarter. The owner or operator shall also report data from the like-kind notification for an excepted monitoring be determined as follows: system under appendix E to this part as (A) For a regular non-redundant replacement analyzer using the system specified in § 75.61. The designated backup CEMS, as described in identification number of the primary representative shall also submit paragraph (d)(2)(i) of this section, apply monitoring system and the assigned recertification testing notification, as the bias adjustment factor from the most component identification number of the specified in § 75.61, for quality recent RATA of the non-redundant like-kind replacement analyzer. For the backup system (even if that RATA was purposes of the electronic quarterly assurance related NOX emission rate re- done more than 12 months previously); report required under § 75.64, the owner testing under section 2.3 of appendix E or or operator may manually enter the to this part for an excepted monitoring (B) When a like-kind replacement appropriate component identification system under appendix E to this part. non-redundant backup analyzer is used number(s) of any like-kind replacement Initial certification testing notification as a component of a primary CEMS (as analyzer(s) used for data reporting or periodic retesting notification is not described in paragraph (d)(2)(ii) of this during the quarter. required for testing of a fuel flowmeter or for testing of an excepted monitoring section), apply the primary monitoring (viii) When reporting data from a system under appendix D to this part. system bias adjustment factor. certified regular non-redundant backup (v) For each parameter monitored (i.e., CEMS, use a method of determination * * * * * SO2, CO2, NOX or flow rate) at each unit (MODC) code of ‘‘02.’’ When reporting (4) Initial certification or or stack, a regular non-redundant data from a like-kind replacement non- recertification application. The backup CEMS may not be used to report redundant backup analyzer, use a designated representative shall submit data at that affected unit or common MODC of ‘‘17’’ (see Table 4a under an initial certification or recertification stack for more than 720 hours in any § 75.57). For the purposes of the application in accordance with §§ 75.60 one calendar year, unless the CEMS electronic quarterly report required and 75.63. passes a RATA at that unit or stack. For under § 75.64, the owner or operator (5) Provisional approval of initial each parameter monitored (SO2, CO2 or may manually enter the required MODC certification and recertification NOX) at each unit or stack, the use of a of ‘‘17’’ for a like-kind replacement applications. Upon the successful like-kind replacement non-redundant analyzer. completion of the required initial backup analyzer (or analyzers) is certification or recertification restricted to 720 cumulative hours per * * * * * procedures for each excepted calendar year, unless the owner or (g) Initial certification and monitoring system under appendix D or operator redesignates the like-kind recertification procedures for excepted E to this part, each excepted monitoring replacement analyzer(s) as monitoring systems under appendices D system under appendix D or E to this component(s) of regular non-redundant and E. The owner or operator of a gas- part shall be deemed provisionally backup CEMS and each redesignated fired unit, oil-fired unit, or diesel-fired certified for use under the Acid Rain CEMS passes a RATA at that unit or unit using the optional protocol under Program during the period for the stack. appendix D or E to this part shall ensure Administrator’s review. The provisions (vi) For each regular non-redundant that an excepted monitoring system for the initial certification or backup CEMS, no more than eight under appendix D or E to this part meets recertification application formal successive calendar quarters shall the applicable general operating approval process in paragraph (a)(4) of elapse following the quarter in which requirements of § 75.10, the applicable this section shall apply, except that the the last RATA of the CEMS was done at requirements of appendices D and E to term ‘‘excepted monitoring system’’ a particular unit or stack, without this part, and the initial certification or shall apply rather than ‘‘continuous performing a subsequent RATA. recertification requirements of this emission or opacity monitoring system’’ Otherwise, the CEMS may not be used paragraph. and except that the procedures for loss

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28599 of certification in paragraph (g)(7) of this (2) Certification application. The sulfur fuel (as defined in § 72.2 of this section shall apply rather than the designated representative shall submit a chapter), the SO2 monitoring system is procedures for loss of certification in certification application in accordance exempted from the relative accuracy test either paragraph (a)(5) or (b)(5) of this with § 75.63(a)(1)(iii). audit requirements in appendices A and section. Data measured and recorded by * * * * * B to this part. a provisionally certified excepted 20. Section 75.21 is amended by: (7) If the designated representative monitoring system under appendix D or a. Revising paragraphs (a)(2), (a)(4), certifies that a particular unit with an E to this part will be considered quality (a)(5), (a)(6), and (e); SO2 monitoring system combusts assured data from the date and time of b. Redesignating existing paragraphs primarily fuel(s) that are very low sulfur completion of the last initial (a)(7) and (a)(8) as paragraphs (a)(9) and fuel(s) (as defined in § 72.2 of this certification or recertification test, (a)(10), respectively; and revising newly chapter), and combusts higher sulfur provided that the Administrator does designated paragraphs (a)(9) and (a)(10); fuel (s) only as emergency backup not revoke the provisional certification and fuel(s) or for short-term testing, the SO2 or recertification by issuing a notice of c. Adding new paragraphs (a)(7) and monitoring system shall be exempted disapproval in accordance with the (a)(8) to read as follows: from the RATA requirements of provisions in paragraph (a)(4) or (b)(5) appendices A and B to this part in any § 75.21 Quality assurance and quality calendar year that the unit combusts the of this section. control requirements. (6) Recertification requirements. higher-sulfur fuel(s) for no more than Recertification of an excepted (a) * * * 480 hours. If, in a particular calendar (2) The owner or operator shall ensure monitoring system under appendix D or year, the higher-sulfur fuel usage that each non-redundant backup CEMS E to this part is required for any exceeds 480 hours, the owner or meets the quality assurance modification to the system or change in operator shall perform a RATA of the requirements of § 75.20(d) for each day operation that could significantly affect SO2 monitor (while combusting the the ability of the system to accurately and quarter that the system is used to higher-sulfur fuel) either by the end of account for emissions and for which the report data. the calendar quarter in which the Administrator determines that an * * * * * exceedance occurs or by the end of a accuracy test of the fuel flowmeter or a (4) The owner or operator of a unit 720 unit (or stack) operating hour grace retest under appendix E to this part to with an SO2 continuous emission period (under section 2.3.3 of appendix re-establish the NOX correlation curve is monitoring system is not required to B to this part) following the quarter in required. Examples of such changes or perform the daily or quarterly which the exceedance occurs. modifications include fuel flowmeter assessments of the SO2 monitoring (8) On and after April 1, 2000, the replacement, changes in unit system under appendix B to this part on quality assurance provisions of configuration, or exceedance of any day or in any calendar quarter in §§ 75.11(e)(3)(i) through 75.11(e)(3)(iv) operating parameters. which only gaseous fuel is combusted in shall apply to all units with SO2 (7) Procedures for loss of certification the unit if, during those days and monitoring systems during hours in or recertification for excepted calendar quarters, SO2 emissions are which only very low sulfur fuel (as monitoring systems under appendices D determined in accordance with defined in § 72.2 of this chapter) is and E to this part. In the event that a § 75.11(e)(1) or (e)(2). However, such combusted in the unit. certification or recertification assessments are permissible, and if any (9) Provided that a unit with an SO2 application is disapproved for an daily calibration error test or linearity monitoring system is not exempted excepted monitoring system, data from test of the SO2 monitoring system is under paragraphs (a)(6) or (a)(7) of this the monitoring system are invalidated, failed while the unit is combusting only section from the SO2 RATA and the applicable missing data gaseous fuel, the SO2 monitoring system requirements of this part, any calendar procedures in section 2.4 of appendix D shall be considered out-of-control. The quarter during which a unit combusts or section 2.5 of appendix E to this part length of the out-of-control period shall only very low sulfur fuel (as defined in shall be used from the date and hour of be determined in accordance with the § 72.2 of this chapter) shall be excluded receipt of such notice back to the hour applicable procedures in section 2.1.4 or in determining the quarter in which the of the provisional certification. Data 2.2.3 of appendix B to this part. next relative accuracy test audit must be from the excepted monitoring system (5) For a unit with an SO2 continuous performed for the SO2 monitoring remain invalid until all required tests monitoring system, in which gaseous system. However, no more than eight are repeated and the excepted fuel that is very low sulfur fuel (as successive calendar quarters shall monitoring system is again defined in § 72.2 of this chapter) is elapse after a relative accuracy test audit provisionally certified. The owner or sometimes burned as a primary or of an SO2 monitoring system, without a operator shall repeat all certification or backup fuel and in which higher-sulfur subsequent relative accuracy test audit recertification tests or other fuel(s) such as oil or coal are, at other having been performed. The owner or requirements, as indicated in the times, burned as primary or backup operator shall ensure that a relative Administrator’s notice of disapproval, fuel(s), the owner shall perform the accuracy test audit is performed, in no later than 30 unit operating days relative accuracy test audits of the SO2 accordance with paragraph (a)(5) of this after the date of issuance of the notice monitoring system (as required by section, either by the end of the eighth of disapproval. The designated section 6.5 of appendix A to this part successive elapsed calendar quarter representative shall submit a and section 2.3.1 of appendix B to this since the last RATA or by the end of a notification of the certification or part) only when the higher-sulfur fuel is 720 unit (or stack) operating hour grace recertification retest dates if required combusted in the unit and shall not period, as provided in section 2.3.3 of under paragraph (g)(2) of this section perform SO2 relative accuracy test appendix B to this part. and shall submit a new certification or audits when the very low sulfur gaseous (10) The owner or operator who, in recertification application according to fuel is the only fuel being combusted. accordance with § 75.11(e)(1), uses a the procedures in paragraph (g)(4) of (6) If the designated representative certified flow monitor and a certified this section. certifies that a unit with an SO2 diluent monitor and Equation F–23 in (h) * * * monitoring system burns only very low appendix F to this part to calculate SO2

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Section 75.22 is amended by system or a NOX concentration * * * * * adding a sentence to the end of the monitoring system used to determine (e) Consequences of audits. The introductory text of paragraph (a) and by NOX mass emissions, as defined in owner or operator shall invalidate data revising paragraphs (a)(2), (a)(4), (b)(4) § 75.71(a)(2), is biased low (i.e., the from a continuous emission monitoring and the introductory text of paragraph arithmetic mean of the differences system or continuous opacity (c)(1) to read as follows: between the reference method value and the monitor or monitoring system monitoring system upon failure of an § 75.22 Reference test methods. audit under appendix B to this part or measurements in a relative accuracy test (a) * * * Unless otherwise specified any other audit, beginning with the unit audit exceed the bias statistic in section in this part, use only codified versions operating hour of completion of a failed 7 of appendix A to this part), the owner of Methods 3A, 4, 6C and 7E revised as audit as determined by the or operator shall adjust the monitor or of July 1, 1995 or July 1, 1996 or July Administrator. The owner or operator continuous emission monitoring system 1, 1997. shall not use invalidated data for to eliminate the cause of bias such that reporting either emissions or heat input, * * * * * it passes the bias test or calculate and nor for calculating monitor data (2) Method 2 or its allowable use the bias adjustment factor as availability. alternatives, as provided in appendix A specified in section 2.3.4 of appendix B (1) Audit decertification. Whenever to part 60 of this chapter, except for to this part. both an audit of a continuous emission Methods 2B and 2E, are the reference * * * * * or opacity monitoring system (or methods for determination of component thereof, including the data volumetric flow. Subpart DÐMissing Data Substitution acquisition and handling system), of any * * * * * Procedures (4) Method 4 (either the standard excepted monitoring system under 23. Section 75.30 is amended by procedure described in section 2 of the appendix D or E to this part, or of any revising paragraphs (a)(3) and (a)(4), method or the moisture approximation alternative monitoring system under adding new paragraphs (a)(5) and (a)(6), procedure described in section 3 of the subpart E of this part, and a review of revising the first sentence of paragraph method) shall be used to correct the initial certification application or of (b) and revising paragraph (d) to read as pollutant concentrations from a dry a recertification application, reveal that follows: any system or component should not basis to a wet basis (or from a wet basis have been certified or recertified to a dry basis) and shall be used when § 75.30 General provisions. because it did not meet a particular relative accuracy test audits of (a) * * * performance specification or other continuous moisture monitoring (3) A valid, quality-assured hour of requirement of this part, both at the time systems are conducted. For the purpose NOX emission rate data (in lb/mmBtu) of the initial certification or of determining the stack gas molecular has not been measured or recorded for recertification application submission weight, however, the alternative an affected unit, either by a certified and at the time of the audit, the techniques for approximating the stack NOX-diluent continuous emission Administrator will issue a notice of gas moisture content described in monitoring system or by an approved disapproval of the certification status of section 1.2 of Method 4 may be used in alternative monitoring system under such system or component. For the lieu of the procedures in sections 2 and subpart E of this part; or purposes of this paragraph, an audit 3 of the method. (4) A valid, quality-assured hour of shall be either a field audit of the * * * * * CO2 concentration data (in percent CO2, facility or an audit of any information (b) * * * or percent O2 converted to percent CO2 submitted to EPA or the State agency (4) Method 2, or its allowable using the procedures in appendix F to regarding the facility. By issuing the alternatives, as provided in appendix A this part) has not been measured and notice of disapproval, the certification to part 60 of this chapter, except for recorded for an affected unit, either by status is revoked prospectively by the Methods 2B and 2E, for determining a certified CO2 continuous emission Administrator. The data measured and volumetric flow. The sample point(s) for monitoring system or by an approved recorded by each system shall not be reference methods shall be located alternative monitoring method under considered valid quality-assured data according to the provisions of section subpart E of this part; or from the date of issuance of the 6.5.5 of appendix A to this part. (5) A valid, quality-assured hour of notification of the revoked certification (c)(1) Instrumental EPA Reference NOX concentration data (in ppm) has status until the date and time that the Methods 3A, 6C, 7E, and 20 shall be not been measured or recorded for an owner or operator completes conducted using calibration gases as affected unit, either by a certified NOX subsequently approved initial defined in section 5 of appendix A to concentration monitoring system used certification or recertification tests. The this part. Otherwise, performance tests to determine NOX mass emissions, as owner or operator shall follow the shall be conducted and data reduced in defined in § 75.71(a)(2), or by an procedures in § 75.20(a)(5) for initial accordance with the test methods and approved alternative monitoring system certification or § 75.20(b)(5) for procedures of this part unless the under subpart E of this part; or recertification to replace, prospectively, Administrator: (6) A valid, quality-assured hour of all of the invalid, non-quality-assured * * * * * CO2 or O2 concentration data (in percent data for each disapproved system. 22. Section 75.24 is amended by CO2, or percent O2) used for the (2) Out-of-control period. Whenever a revising the section title and by revising determination of heat input has not continuous emission monitoring system paragraph (d) to read as follows: been measured and recorded for an

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affected unit, either by a certified CO2 § 75.33, for hours when SO2 emissions (1) Whenever prior quality-assured or O2 diluent monitor, or by an are determined in accordance with data exist, the owner or operator shall approved alternative monitoring method § 75.11(e)(1) or (e)(2). For the purpose of substitute, by means of the data under subpart E of this part. the missing data and availability acquisition and handling system, for (b) However, the owner or operator procedures for SO2 pollutant each hour of missing data, the average shall have no need to provide substitute concentration monitors in §§ 75.31 and of the hourly SO2, CO2 or O2 data according to the missing data 75.33 only, all hours during which the concentrations or moisture percentages procedures in this subpart if the owner unit combusts only gaseous fuel shall be recorded by a certified monitor for the or operator uses SO2, CO2, NOX, or O2 excluded from the definition of unit operating hour immediately before concentration, flow rate, or NOX ‘‘monitor operating hour,’’ ‘‘quality and the unit operating hour emission rate data recorded from either assured monitor operating hour,’’ ‘‘unit immediately after the missing data a certified redundant or regular non- operating hour,’’ and ‘‘unit operating period. redundant backup CEMS, a like-kind day,’’ when SO2 emissions are (2) Whenever no prior quality assured replacement non-redundant backup determined in accordance with SO2, CO2 or O2 concentration data or analyzer, or a backup reference method § 75.11(e)(1) or (e)(2). moisture data exist, the owner or monitoring system when the certified (4) During all hours in which a unit operator shall substitute, as applicable, primary monitor is not operating or is with an SO2 continuous emission for each hour of missing data, the out-of-control. * ** monitoring system combusts only maximum potential SO2 concentration * * * * * gaseous fuel and the owner or operator or the maximum potential CO2 (d) The owner or operator shall uses the SO2 monitoring system to concentration or the minimum potential comply with the applicable provisions determine SO2 mass emissions pursuant O2 concentration or (unless Equation of this paragraph during hours in which to § 75.11(e)(3), the owner or operator 19–3, 19–4 or 19–8 in Method 19 in a unit with an SO2 continuous emission shall determine the percent monitor appendix A to part 60 of this chapter is monitoring system combusts only data availability for SO2 in accordance used to determine NOX emission rate) gaseous fuel. with § 75.32 and shall use the standard the minimum potential moisture (1) Whenever a unit with an SO2 SO2 missing data procedures of § 75.33. percentage, as specified, respectively, in CEMS combusts only natural gas or 24. Section 75.31 is revised to read as sections 2.1.1.1, 2.1.3.1, 2.1.3.2 and pipeline natural gas (as defined in § 72.2 follows: 2.1.5 of appendix A to this part. If of this chapter) and the owner or Equation 19–3, 19–4 or 19–8 in Method operator is using the procedures in § 75.31 Initial missing data procedures. 19 in appendix A to part 60 of this section 7 of appendix F to this part to (a) During the first 720 quality- chapter is used to determine NOX determine SO2 mass emissions pursuant assured monitor operating hours emission rate, substitute the maximum to § 75.11(e)(1), the owner or operator following initial certification (i.e., the potential moisture percentage, as shall, for purposes of reporting heat date and time at which quality assured specified in section 2.1.6 of appendix A input data under § 75.54(b)(5) or data begins to be recorded by the CEMS) to this part. § 75.57(b)(5), as applicable, and for the of an SO2 pollutant concentration (c) Volumetric flow and NOX emission calculation of SO2 mass emissions using monitor, or a CO2 pollutant rate or NOX concentration data. For Equation F–23 in section 7 of appendix concentration monitor (or an O2 monitor each hour of missing volumetric flow F to this part, substitute for missing data used to determine CO2 concentration in rate data, NOX emission rate data or from a flow monitoring system, CO2 accordance with appendix F to this NOX concentration data used to diluent monitor or O2 diluent monitor part), or an O2 or CO2 diluent monitor determine NOX mass emissions: using the missing data substitution used to calculate heat input or a (1) Whenever prior quality-assured procedures in § 75.36. moisture monitoring system, and during data exist in the load range (2) Whenever a unit with an SO2 the first 2,160 quality-assured monitor corresponding to the operating load at CEMS combusts gaseous fuel and the operating hours following initial the time the missing data period owner or operator uses the gas sampling certification of a flow monitor, or a occurred, the owner or operator shall and analysis and fuel flow procedures NOX-diluent monitoring system, or a substitute, by means of the automated in appendix D to this part to determine NOX concentration monitoring system data acquisition and handling system, SO2 mass emissions pursuant to used to determine NOX mass emissions, for each hour of missing data, the § 75.11(e)(2), the owner or operator shall the owner or operator shall provide average hourly flow rate or NOX substitute for missing total sulfur substitute data required under this emission rate or NOX concentration content, gross calorific value, and fuel subpart according to the procedures in recorded by a certified monitoring flowmeter data using the missing data paragraphs (b) and (c) of this section. system. The average flow rate (or NOX procedures in appendix D to this part The owner or operator of a unit shall emission rate or NOX concentration) and shall also, for purposes of reporting use these procedures for no longer than shall be the arithmetic average of all heat input data under § 75.54(b)(5) or three years (26,280 clock hours) data in the corresponding load range as § 75.57(b)(5), as applicable, substitute following initial certification. determined using the procedure in for missing data from a flow monitoring (b) SO2, CO2, or O2 concentration data appendix C to this part. system, CO2 diluent monitor, or O2 and moisture data. For each hour of (2) Whenever no prior quality-assured diluent monitor using the missing data missing SO2 or CO2 pollutant flow or NOX emission rate or NOX substitution procedures in § 75.36. concentration data (including CO2 data concentration data exist for the (3) The owner or operator of a unit converted from O2 data using the corresponding load range, the owner or with an SO2 monitoring system shall not procedures in appendix F of this part), operator shall substitute, for each hour include hours when the unit combusts or missing O2 or CO2 diluent of missing data, the average hourly flow only gaseous fuel in the SO2 data concentration data used to calculate rate or the average hourly NOX emission availability calculations in § 75.32 or in heat input, or missing moisture data, the rate or NOX concentration at the next the calculations of substitute SO2 data owner or operator shall calculate the higher level load range for which using the procedures of either § 75.31 or substitute data as follows: quality-assured data are available.

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(3) Whenever no prior quality assured calculate heat input or a moisture 26. Section 75.33 is amended by flow rate or NOX emission rate or NOX monitoring system; or the first 2,160 revising the title of the section, by concentration data exist for the quality-assured monitor operating hours revising paragraphs (a), (b)(3) and (c), corresponding load range, or any higher of a flow monitor or a NOX-diluent and adding a new paragraph (b)(4) to load range, the owner or operator shall, monitoring system or a NOX read as follows: as applicable, substitute, for each hour concentration monitoring system, the of missing data, the maximum potential § 75.33 Standard missing data procedures owner or operator shall calculate and for SO2, NOX and flow rate. flow rate as specified in section 2.1.4.1 record, by means of the automated data of appendix A to this part or shall (a) Following initial certification (i.e., acquisition and handling system, the the date and time at which quality substitute the maximum potential NOX percent monitor data availability for the emission rate or the maximum potential assured data begins to be recorded by SO2 pollutant concentration monitor, the CEMS) and upon completion of the NOX concentration, as specified in the CO2 pollutant concentration section 2.1.2.1 of appendix A to this first 720 quality-assured monitor monitor, the O2 or CO2 diluent monitor part. operating hours of the SO2 pollutant used to calculate heat input, the concentration monitor or the first 2,160 25. Section 75.32 is amended by moisture monitoring system, the flow revising paragraph (a) introductory text quality assured monitor operating hours monitor, the NOX-diluent monitoring and revising the last sentence in of the flow monitor, NOX-diluent system and the NOX concentration paragraph (a)(3) to read as follows: monitoring system or NOX monitoring system as follows: concentration monitoring system used § 75.32 Determination of monitor data * * * * * to determine NOX mass emissions, the availability for standard missing data (3) * * * The owner or operator of a owner or operator shall provide procedures. substitute data required under this unit with an SO2 monitoring system (a) Following initial certification (i.e., subpart according to the procedures in shall, when SO2 emissions are the date and time at which quality paragraphs (b) and (c) of this section determined in accordance with assured data begins to be recorded by and depicted in Table 1 (SO2) and Table § 75.11(e)(1) or (e)(2), exclude hours in the CEMS), upon completion of: the first 2 of this sectioin (NOX, flow). The 720 quality-assured monitor operating which a unit combusts only gaseous fuel owner or operator of a unit shall from calculations of percent monitor hours of an SO2 pollutant concentration substitute for missing data using only data availability for SO2 pollutant monitor, or a CO2 pollutant quality-assured monitor operating hours concentration monitors, as provided in concentration monitor (or O2 monitor of data from the three years (26,280 used to determine CO2 concentration), § 75.30(d). clock hours) prior to the date and time or an O2 or CO2 diluent monitor used to * * * * * of the missing data period.

TABLE 1.ÐMISSING DATA PROCEDURE FOR SO2 CEMS, CO2 CEMS, MOISTURE CEMS AND DILUENT (CO2 or O2) MONITORS FOR HEAT INPUT DETERMINATION

Trigger conditions Calculation routines

Monitor data availability Duration (N) of CEMS Method Lookback (percent) outage (hours) 2 period

95 or more ...... N ≤ 24 Average ...... HB/HA. N > 24 For SO2, CO2 and H2O**, the greater of: Average ...... HB/HA. 90th percentile ...... 720 hours.* X For O2, and H2O , the lesser of: Average ...... HB/HA. 10th percentile ...... 720 hours.* 90 or more, but below 95 ...... N ≤ 8 Average ...... HB/HA. N > 8 For SO2, CO2 and H2O**, the greater of: Average ...... HB/HA. 95th percentile ...... 720 hours.* X For O2, and H2O , the lesser of: Average ...... HB/HA. 5th percentile ...... 720 hours.* 80 or more, but below 90 ...... N > 0 For SO2, CO2 and H2O**, ...... Maximum value 1 ...... 720 hours.* X For O2, and H2O : Minimum value1 ...... 720 hours.* Below 80 ...... N > 0 Maximum potential concentration or % (for SO2, CO2 and H2O**) or X Minimum potential concentration or % (for O2, and H2O ) ..... None. HB/HA = hour before and hour after the CEMS outage. * = Quality-assured, monitor operating hours, during unit operation. 1 Where unit with add-on emission controls can demonstrate that the controls are operating properly, as provided in § 75.34, the unit may, upon approval, use the maximum controlled emission rate from the previous 720 operating hours. 2 During unit operating hours. X Use this algorithm for moisture except when Equation 19±3, 19±4 or 19±8 in Method 19 in appendix A to part 60 of this chapter is used for NOX emission rate. ** Use this algorithm for moisture only when Equation 19±3, 19±4 or 19±8 in Method 19 in appendix A to part 60 of this chapter is used for NOX emission rate.

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TABLE 2.ÐMISSING DATA PROCEDURE FOR NOX-Diluent CEMS, NOX CONCENTRATION CEMS AND FLOW RATE CEMS

Trigger conditions Calculation routines

Monitor data availability Duration (N) of CEMS Load (percent) outage Method Lookback period ranges (hours) 2

95 or more ...... N ≤ 24 ...... Average ...... 2160 hours* ...... Yes. N > 24 ...... The greater of: Average ...... HB/HA ...... No. 90th percentile ...... 2160 hours* ...... Yes. 90 or more, but below 95 ...... N ≤ 8 ...... Average ...... 2160 hours* ...... Yes. N > 8 ...... The greater of: Average ...... HB/HA ...... No. 95th percentile ...... 2160 hours* ...... Yes. 80 or more, but below 90 ...... N > 0 ...... Maximum value 1 ...... 2160 hours* ...... Yes. Below 80 ...... N > 0 ...... Maximum NOX emission rate; or maximum None ...... No. potential NOX concentration; or max- imum potential flow rate. HB/HA=hour before and hour after the CEMS outage. *=Quality-assured, monitor operating hours, in the corresponding load range (``load bin'') for each hour of the missing data period. 1 Where unit with add-on emission controls can demonstrate that the controls are operating properly, as provided in § 75.34, the unit may, upon approval, use the maximum controlled emission rate from the previous 720 operating hours. 2 During unit operating hours.

(b) * * * (ii) For a missing data period greater quality-assured monitor operating hours (3) Whenever the monitor data than 24 hours, substitute, as applicable, at the corresponding unit load range, as availability is at least 80.0 percent but for each missing hour, the greater of: determined using the procedure in less than 90.0 percent, the owner or (A) The 90th percentile hourly flow appendix C to this part; or operator shall substitute for each rate or the 90th percentile NOX emission (B) The average of the hourly flow missing data period the maximum rate or the 90th percentile NOX rates, NOX emission rates or NOX hourly SO2 concentration recorded by concentration recorded by a monitoring concentrations recorded by a monitoring an SO2 pollutant concentration monitor system during the previous 2,160 system for the hour before and the hour during the previous 720 quality-assured quality-assured monitor operating hours after the missing data period. monitor operating hours. at the corresponding unit load range, as (3) Whenever the monitor data (4) Whenever the monitor data determined using the procedure in availability is at least 80.0 percent but availability is less than 80.0 percent, the appendix C to this part; or less than 90.0 percent, the owner or owner or operator shall substitute for (B) The average of the recorded hourly operator shall, by means of the each missing data period the maximum flow rates, NOX emission rates or NOX automated data acquisition and concentrations recorded by a monitoring handling system, substitute, as potential SO2 concentration, as defined in section 2.1.1.1 of appendix A to this system for the hour before and the hour applicable, for each hour of each part. after the missing data period. missing data period, the maximum (2) Whenever the monitor or hourly flow rate or the maximum hourly (c) Volumetric flow rate, NOX continuous emission monitoring system NOX emission rate or the maximum emission rate and NOX concentration data availability is at least 90.0 percent hourly NOX concentration recorded data. For each hour of missing but less than 95.0 percent, the owner or during the previous 2,160 quality- volumetric flow rate data, NOX emission operator shall calculate substitute data assured monitor operating hours at the rate data, or NOX concentration data by means of the automated data corresponding unit load range, as used to determine NOX mass emissions: acquisition and handling system for determined using the procedure in (1) Whenever the monitor or each hour of each missing data period section 2 of appendix C to this part. continuous emission monitoring system according to the following procedures: (4) Whenever the monitor data data availability is equal to or greater (i) For a missing data period of less availability is less than 80.0 percent, the than 95.0 percent, the owner or operator than or equal to 8 hours, substitute, as owner or operator shall substitute, as shall calculate substitute data by means applicable, the arithmetic average applicable, for each hour of each of the automated data acquisition and hourly flow rate or NOX emission rate missing data period, the maximum handling system for each hour of each or NOX concentration recorded by a potential flow rate, as defined in section missing data period according to the monitoring system during the previous 2.1.4.1 of appendix A to this part, or the following procedures: 2,160 quality-assured monitor operating maximum NOX emission rate, as (i) For a missing data period less than hours at the corresponding unit load defined in section 2.1.2.1 of appendix A or equal to 24 hours, substitute, as range, as determined using the to this part, or the maximum potential applicable, for each missing hour, the procedure in appendix C to this part. NOX concentration, as defined in arithmetic average of the flow rates or (ii) For a missing data period greater section 2.1.2.1 of appendix A to this NOX emission rates or NOX than 8 hours, substitute, as applicable, part. concentrations recorded by a monitoring for each missing hour, the greater of: (5) Whenever no prior quality-assured system during the previous 2,160 (A) The 95th percentile hourly flow flow rate data, NOX concentration data quality assured monitor operating hours rate or the 95th percentile NOX emission or NOX emission rate data exist for the at the corresponding unit load range, as rate or the 95th percentile NOX corresponding load range, the owner or determined using the procedure in concentration recorded by a monitoring operator shall substitute, as applicable, appendix C to this part. system during the previous 2,160 for each hour of missing data, the

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Substitute CO2 data for heat in section 2.1.4.1 of appendix A to this (d) Upon completion of 720 quality input determinations shall be provided part. assured monitor operating hours using according to § 75.35(d). Substitute O2 27–28. Section 75.34 is amended by the initial missing data procedures of data for the heat input determinations revising paragraph (a)(3) to read as § 75.31(b), the owner or operator shall shall be provided in accordance with follows: provide substitute data for CO2 the procedures in § 75.33(b), except that concentration data or substitute CO2 the term ‘‘O2 concentration’’ shall apply § 75.34 Units with add-on emission data for heat input determination, as rather than the term ‘‘SO2 controls. applicable, in accordance with the concentration’’ and the term ‘‘O2 diluent (a) * * * procedures in § 75.33(b), except that the monitor’’ shall apply rather than the (3) The designated representative may term ‘‘CO2 concentration’’ shall apply term ‘‘SO2 pollutant concentration petition the Administrator under § 75.66 rather than ‘‘SO2 concentration’’ and the monitor.’’ In addition, the term for approval of site-specific parametric term ‘‘CO2 pollutant concentration ‘‘substitute the lesser of’’ shall apply monitoring procedure(s) for calculating monitor’’ or ‘‘CO2 diluent monitor’’ rather than ‘‘substitute the greater of;’’ substitute data for missing SO2 pollutant shall apply rather than ‘‘SO2 pollutant the terms ‘‘minimum hourly O2 concentration, NOX pollutant concentration monitor.’’ concentration’’ and ‘‘minimum potential concentration, and NOX emission rate 30. Section 75.36 is amended by O2 concentration, as determined under data in accordance with the revising the section heading and section 2.1.3.2 of appendix A to this requirements of paragraphs (b) and (c) of paragraphs (a), (b) and (d) to read as part’’ shall apply rather than, this section and appendix C to this part. follows: respectively, the terms ‘‘maximum The owner or operator shall record the hourly SO2 concentration’’ and data required in appendix C to this part, § 75.36 Missing data procedures for heat input determinations. ‘‘maximum potential SO2 concentration, pursuant to § 75.55(b) or § 75.58(b), as as determined under section 2.1.1.1 of (a) When hourly heat input is applicable. appendix A to this part;’’ and the terms determined using a flow monitoring * * * * * ‘‘10th percentile’’ and ‘‘5th percentile’’ system and a diluent gas (O2 or CO2) 29. Section 75.35 is amended by shall apply rather than, respectively, the monitor, substitute data must be revising paragraphs (a) and (b) and by terms ‘‘90th percentile’’ and ‘‘95th provided to calculate the heat input adding paragraph (d) to read as follows: percentile’’ (see Table 1 of § 75.33). whenever quality assured data are 31. Section 75.37 is added to subpart § 75.35 Missing data procedures for CO 2 unavailable from the flow monitor, the D to read as follows: data. diluent gas monitor, or both. When flow (a) On and after April 1, 2000, the rate data are unavailable, substitute flow § 75.37 Missing data procedures for owner or operator of a unit with a CO2 rate data for the heat input calculation moisture. continuous emission monitoring system shall be provided according to § 75.31 or (a) On and after April 1, 2000, the for determining CO2 mass emissions in § 75.33, as applicable. On and after owner or operator of a unit with a accordance with § 75.10 (or an O2 April 1, 2000, when diluent gas data are continuous moisture monitoring system monitor that is used to determine CO2 unavailable, the owner or operator shall shall substitute for missing moisture concentration in accordance with provide substitute O2 or CO2 data for the data using the procedures of this appendix F to this part) shall substitute heat input calculations in accordance section. Prior to April 1, 2000, the for missing CO2 pollutant concentration with paragraphs (b) and (d) of this owner or operator may substitute for data using the procedures of paragraphs section. Prior to April 1, 2000, the missing moisture data using the (b) and (d) of this section. The owner or operator shall substitute for procedures of this section. procedures of paragraphs (b) and (d) of missing CO2 or O2 concentration data in (b) Where no prior quality assured this section shall also be used on and accordance with either paragraphs (c) moisture data exist, substitute the after April 1, 2000 to provide substitute and (d) or paragraphs (b) and (d) of this minimum potential moisture CO2 data for heat input determination. section. percentage, from section 2.1.5 of Prior to April 1, 2000, the owner or (b) During the first 720 quality appendix A to this part, except when operator shall substitute for missing CO2 assured monitor operating hours Equation 19–3, 19–4 or 19–8 in Method data using either the procedures of following initial certification (i.e., the 19 in appendix A to part 60 of this paragraphs (b) and (c), or paragraphs (b) date and time at which quality assured chapter is used to determine NOX and (d) of this section. data begins to be recorded by the emission rate. If Equation 19–3, 19–4 or (b) During the first 720 quality CEMS), or (for a previously certified 19–8 in Method 19 in appendix A to assured monitor operating hours CO2 or O2 monitor) during the 720 part 60 of this chapter is used to

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determine NOX emission rate, substitute 60 of this chapter, the owner or operator correcting paragraph (c)(1), and adding the maximum potential moisture shall petition the Administrator under paragraphs (e) and (f) to read as follows: percentage, as specified in section 2.1.6 § 75.66(l) for permission to use an (a) General provisions. (1) The of appendix A to this part. alternative moisture missing data provisions of paragraphs (c) and (d) of (c) During the first 720 quality assured procedure. this section shall remain in effect prior monitor operating hours following to April 1, 2000. The owner or operator initial certification (i.e., the date and Subpart EÐAlternative Monitoring shall meet the requirements of either time at which quality assured data Systems paragraphs (a) through (d) or paragraphs begins to be recorded by the moisture 32. Section 75.48 is amended by (a), (b), (e) and (f) of this section prior monitoring system), the owner or revising paragraphs (a)(3)(ii) and (a) to April 1, 2000. On and after April 1, operator shall provide substitute data (3)(iii), and correcting paragraphs 2000, the owner or operator shall meet for moisture according to § 75.31(b). the requirements of paragraphs (a), (b), (d) Upon completion of the first 720 (a)(3)(iv), (a)(3)(viii), (a)(3)(ix), and (a)(3)(xi) to read as follows: (e) and (f) of this section only. In quality-assured monitor operating hours addition, the provisions in paragraphs following initial certification of the § 75.48 Petition for an alternative (e) and (f) of this section that support a moisture monitoring system, the owner monitoring system. regulatory option provided in another or operator shall provide substitute data (a) * * * section of this part must be followed if for moisture as follows: (3) * * * the regulatory option is used prior to (1) Unless Equation 19–3, 19–4 or 19– (ii) Hourly test data for the alternative April 1, 2000. 8 in Method 19 in appendix A to part monitoring system at each required (2) The owner or operator of an 60 of this chapter is used to determine operating level and fuel type. The fuel affected unit shall prepare and maintain NOX emission rate, follow the missing type, operating level and gross unit load a monitoring plan. Except as provided data procedures in § 75.33(b), except shall be recorded. in paragraphs (d) or (f) of this section (as that the term ‘‘moisture percentage’’ (iii) Hourly test data for the applicable), a monitoring plan shall shall apply rather than ‘‘SO2 continuous emissions monitoring contain sufficient information on the concentration;’’ the term ‘‘moisture system at each required operating level continuous emission or opacity monitoring system’’ shall apply rather and fuel type. The fuel type, operating monitoring systems, excepted than the term ‘‘SO2 pollutant level and gross unit load shall be methodology under § 75.19, or excepted concentration monitor;’’ the term recorded. monitoring systems under appendix D ‘‘substitute the lesser of’’ shall apply (iv) Arithmetic mean of the alternative or E to this part and the use of data rather than ‘‘substitute the greater of;’’ monitoring system measurement values, derived from these systems to the terms ‘‘minimum hourly moisture as specified in Equation 25 in § 75.41(c) demonstrate that all unit SO2 emissions, percentage’’ and ‘‘minimum potential of this part, of the continuous emission NOX emissions, CO2 emissions, and moisture percentage, as determined monitoring system values, as specified under section 2.1.5 of appendix A to opacity are monitored and reported. in Equation 26 in § 75.41(c) of this part, (b) Whenever the owner or operator this part’’ shall apply rather than, and of their differences. respectively, the terms ‘‘maximum makes a replacement, modification, or * * * * * change in the certified CEMS, hourly SO2 concentration’’ and (viii) Variance of the measured values continuous opacity monitoring system, ‘‘maximum potential SO2 concentration, as determined under section 2.1.1.1 of for the alternative monitoring system excepted methodology under § 75.19, appendix A to this part;’’ and the terms and of the measured values for the excepted monitoring system under ‘‘10th percentile’’ and ‘‘5th percentile’’ continuous emission monitoring system, appendix D or E to this part, or shall apply rather than, respectively, the as specified in Equation 23 in § 75.41(c) alternative monitoring system under terms ‘‘90th percentile’’ and ‘‘95th of this part. subpart E of this part, including a (ix) F-statistic, as specified in percentile’’ (see Table 1 of § 75.33). change in the automated data (2) When Equation 19–3, 19–4 or 19– Equation 24 in § 75.41(c) of this part. acquisition and handling system or in 8 in Method 19 in appendix A to part * * * * * the flue gas handling system, that affects 60 of this chapter is used to determine (xi) Coefficient of correlation, r, as information reported in the monitoring plan (e.g., a change to a serial number NOX emission rate: specified in Equation 27 in § 75.41(c) of (i) Provided that none of the following this part. for a component of a monitoring system), then the owner or operator equations is used to determine SO2 * * * * * emissions, CO2 emissions or heat input: shall update the monitoring plan. Equation F–2, F–14b, F–16, F–17, or F– Subpart FÐRecordkeeping (c) * * * 18 in appendix F to this part, or Requirements (1) Precertification information, including, as applicable, the Equation 19–5 or 19–9 in Method 19 in § 75.50 [Removed and Reserved] appendix A to part 60 of this chapter, identification of the test strategy, use the missing data procedures in 33. Section 75.50 is removed and protocol for the relative accuracy test § 75.33(b), except that the term reserved. audit, other relevant test information, span calculations, and apportionment ‘‘moisture percentage’’ shall apply § 75.51 [Removed and Reserved] rather than ‘‘SO2 concentration’’ and the strategies under §§ 75.10 through 75.18 34. Section 75.51 is removed and of this part. term ‘‘moisture monitoring system’’ reserved. shall apply rather than ‘‘SO2 pollutant * * * * * concentration monitor;’’ or § 75.52 [Removed and Reserved] (e) Contents of the monitoring plan. (ii) If any of the following equations 35. Section 75.52 is removed and Each monitoring plan shall contain the is used to determine SO2 emissions, CO2 reserved. information in paragraph (e)(1) of this emissions or heat input: Equation F–2, section in electronic format and the F–14b, F–16, F–17, or F–18 in appendix § 75.53 Monitoring plan. information in paragraph (e)(2) of this F to this part, or Equation 19–5 or 19– 36. Section 75.53 is amended by section in hardcopy format. Electronic 9 in Method 19 in appendix A to part revising paragraphs (a) and (b), storage of all monitoring plan

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28606 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations information, including the hardcopy (F) State or local regulatory agency basis from the backup system). The portions, is permissible provided that a code. formulas must contain all constants and paper copy of the information can be (iv) Identification and description of factors required to derive mass furnished upon request for audit each monitoring component (including emissions or emission rates from purposes. each monitor and its identifiable component/system code observations (1) Electronic. (i) ORISPL numbers components, such as analyzer and/or and an indication of whether the developed by the Department of Energy probe) in the CEMS (e.g., SO2 pollutant formula is being added, corrected, and used in the National Allowance concentration monitor, flow monitor, deleted, or is unchanged. Each Data Base, for all affected units involved moisture monitor; NOX pollutant emissions formula is identified with a in the monitoring plan, with the concentration monitor and diluent gas unique three digit code. The owner or following information for each unit: monitor), the continuous opacity operator of a low mass emissions unit (A) Short name; monitoring system, or the excepted for which the owner or operator is using (B) Classification of the unit as one of monitoring system (e.g., fuel flowmeter, the optional low mass emissions the following: Phase I (including data acquisition and handling system), excepted methodology in § 75.19(c) is substitution or compensating units), including: not required to report such formulas. Phase II, new, or nonaffected; (A) Manufacturer, model number and (vii) Inside cross-sectional area (ft2) at (C) Type of boiler (or boilers for a serial number; flue exit (for all units) and at flow group of units using a common stack); (B) Component/system identification monitoring location (for units with flow (D) Type of fuel(s) fired by boiler, fuel code assigned by the utility to each monitors, only). type start and end dates, primary/ identifiable monitoring component (viii) Stack height (ft) above ground secondary fuel indicator, and, if more (such as the analyzer and/or probe). level and stack base elevation above sea than one fuel, the fuel classification of Each code shall use a three-digit format, level. the boiler; unique to each monitoring component (ix) Part 75 monitoring location (E) Type(s) of emission controls for and unique to each monitoring system; identification, facility identification SO2, NOX, and particulates installed or (C) Designation of the component type code as assigned by the Administrator to be installed, including specifications and method of sample acquisition or for use under the Acid Rain Program or of whether such controls are pre- operation, (e.g., in situ pollutant this part, and the following information, combustion, post-combustion, or concentration monitor or thermal flow as reported to the Energy Information integral to the combustion process; monitor); Administration (EIA): facility control equipment code, installation (D) Designation of the system as a identification number, flue date, and optimization date; control primary, redundant backup, non- identification number, boiler equipment retirement date (if redundant backup, data backup, or identification number, reporting year, applicable); and an indicator for reference method backup system, as and 767 reporting indicator. whether the controls are an original provided in § 75.10(e); (x) For each parameter monitored: installation; (E) First and last dates the system scale, maximum potential concentration (F) Maximum hourly heat input reported data; (and method of calculation), maximum capacity; (F) Status of the monitoring expected concentration (if applicable) (G) Date of first commercial operation; component; and (and method of calculation), maximum (H) Unit retirement date (if (G) Parameter monitored. potential flow rate (and method of (v) Identification and description of applicable); calculation), maximum potential NOX (I) Maximum hourly gross load (in all major hardware and software emission rate, span value, full-scale MW, rounded to the nearest MW, or components of the automated data range, daily calibration units of steam load in 1000 lb/hr, rounded to the acquisition and handling system, measure, span effective date/hour, span nearest 100 lb/hr); including: inactivation date/hour, indication of (J) Identification of all units using a (A) Hardware components that whether dual spans are required, default common stack; perform emission calculations or store high range value, flow rate span, and (K) Activation date for the stack/pipe; data for quarterly reporting purposes flow rate span value and full scale value (L) Retirement date of the stack/pipe (provide the manufacturer and model (in scfh) for each unit or stack using number); and (if applicable); and SO2, NOX, CO2, O2, or flow component (B) Software components (provide the (M) Indicator of whether the stack is monitors. a bypass stack. identification of the provider and (xi) If the monitoring system or (ii) For each unit and parameter model/version number). excepted methodology provides for the (vi) Explicit formulas for each required to be monitored, identification use of a constant, assumed, or default measured emission parameter, using of monitoring methodology information, value for a parameter under specific component/system identification codes consisting of monitoring methodology, circumstances, then include the for the primary system used to measure type of fuel associated with the following information for each such the parameter that links CEMS or methodology, primary/secondary value for each parameter: methodology indicator, missing data excepted monitoring system (A) Identification of the parameter; approach for the methodology, observations with reported (B) Default, maximum, minimum, or methodology start date, and concentrations, mass emissions, or constant value, and units of measure for methodology end date (if applicable). emission rates, according to the the value; (iii) The following information: conversions listed in appendix D or E to (C) Purpose of the value; (A) Program(s) for which the EDR is this part. Formulas for backup (D) Indicator of use during controlled/ submitted; monitoring systems are required only if uncontrolled hours; (B) Unit classification; different formulas for the same (E) Type of fuel; (C) Reporting frequency; parameter are used for the primary and (F) Source of the value; (D) Program participation date; backup monitoring systems (e.g., if the (G) Value effective date and hour; (E) State regulation code (if primary system measures pollutant (H) Date and hour value is no longer applicable); and concentration on a different moisture effective (if applicable); and

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(I) For units using the excepted from output signals of CEMS (ii) Hardcopy. (A) A schematic methodology under § 75.19, the components to final reports. diagram identifying the relationship applicable SO2 emission factor. (iv) For units monitored by a between the unit, all fuel supply lines, (xii) For each unit or common stack continuous emission or opacity the fuel flowmeter(s), and the stack(s). (except for peaking units) on which monitoring system, a schematic diagram The schematic diagram must depict the hardware CEMS are installed: identifying entire gas handling system installation location of each fuel (A) The upper and lower boundaries from boiler to stack for all affected units, flowmeter and the fuel sampling of the range of operation (as defined in using identification numbers for units, location(s). Comprehensive and/or section 6.5.2.1 of appendix A to this monitor components, and stacks separate schematic diagrams shall be part), expressed in megawatts or corresponding to the identification used to describe groups of units using thousands of lb/hr of steam; numbers provided in paragraphs a common pipe; (B) The load level(s) designated as (e)(1)(i), (e)(1)(iv), (e)(1)(vi), and (B) For units using the optional normal in section 6.5.2.1 of appendix A (e)(1)(ix) of this section. The schematic default SO2 emission rate for ‘‘pipeline to this part, expressed in megawatts or diagram must depict stack height and natural gas’’ or ‘‘natural gas’’ in thousands of lb/hr of steam; the height of any monitor locations. appendix D to this part, the information (C) The two load levels (i.e., low, mid, Comprehensive and/or separate on the sulfur content of the gaseous fuel or high) identified in section 6.5.2.1 of schematic diagrams shall be used to used to demonstrate compliance with appendix A to this part as the most describe groups of units using a either section 2.3.1.4 or 2.3.2.4 of frequently used; common stack. appendix D to this part; (D) The date of the load analysis used (v) For units monitored by a (C) For units using the 720 hour test to determine the normal load level(s) continuous emission or opacity under 2.3.6 of Appendix D of this part and the two most frequently-used load monitoring system, stack and duct to determine the required sulfur levels; and engineering diagrams showing the sampling requirements, report the (E) Activation and deactivation dates, dimensions and location of fans, turning procedures and results of the test; and when the normal load level(s) or two vanes, air preheaters, monitor (D) For units using the 720 hour test most frequently-used load levels change components, probes, reference method under 2.3.5 of Appendix D of this part and are updated. sampling ports, and other equipment to determine the appropriate fuel GCV (xiii) For each unit for which the that affects the monitoring system sampling frequency, report the optional fuel flow-to-load test in section location, performance, or quality control procedures used and the results of the 2.1.7 of appendix D to this part is used: checks. test; (A) The upper and lower boundaries (f) Contents of monitoring plan for (2) For each gas-fired peaking unit of the range of operation (as defined in specific situations. The following and oil-fired peaking unit for which the section 6.5.2.1 of appendix A to this additional information shall be included owner or operator uses the optional part), expressed in megawatts or in the monitoring plan for the specific procedures in appendix E to this part for thousands of lb/hr of steam; situations described: estimating NOX emission rate, the (1) For each gas-fired unit or oil-fired (B) The load level designated as designated representative shall include unit for which the owner or operator normal, pursuant to section 6.5.2.1 of in the monitoring plan: uses the optional protocol in appendix appendix A to this part, expressed in (i) Electronic. Unit operating and D to this part for estimating heat input megawatts or thousands of lb/hr of capacity factor information and/or SO2 mass emissions, or for each steam; and demonstrating that the unit qualifies as gas-fired or oil-fired peaking unit for (C) The date of the load analysis used a peaking unit or gas-fired unit, as which the owner/operator uses the to determine the normal load level. defined in § 72.2 of this chapter, and optional protocol in appendix E to this (2) Hardcopy. (i) Information, NOX correlation test information, part for estimating NOX emission rate including (as applicable): identification including: (using a fuel flowmeter), the designated (A) Test date; of the test strategy; protocol for the representative shall include the (B) Test number; relative accuracy test audit; other following additional information in the (C) Operating level; relevant test information; calibration gas monitoring plan: (D) Segment ID of the NOX correlation levels (percent of span) for the (i) Electronic. curve; calibration error test and linearity (A) Parameter monitored; (E) NOX monitoring system check; calculations for determining (B) Type of fuel measured, maximum identification; maximum potential concentration, fuel flow rate, units of measure, and (F) Low and high heat input values maximum expected concentration (if basis of maximum fuel flow rate (i.e., and corresponding NOX rates; applicable), maximum potential flow upper range value or unit maximum) for (G) Type of fuel; and rate, maximum potential NOX emission each fuel flowmeter; (H) To document the unit qualifies as rate, and span; and apportionment (C) Test method used to check the a peaking unit, current calendar year, strategies under §§ 75.10 through 75.18. accuracy of each fuel flowmeter; capacity factor data as specified in the (ii) Description of site locations for (D) Submission status of the data; definition of peaking unit in § 72.2 of each monitoring component in the (E) Monitoring system identification this part, and an indication of whether continuous emission or opacity code; and the data are actual or projected data. monitoring systems, including (F) For gaseous fuels fired by the unit, (ii) Hardcopy. (A) A protocol schematic diagrams and engineering the method used to verify that the fuel containing methods used to perform the drawings specified in paragraphs meets the definition in § 72.2 of pipeline baseline or periodic NOX emission test; (e)(2)(iv) and (e)(2)(v) of this section and natural gas or natural gas, if applicable, and any other documentation that and the demonstration methods used for (B) Unit operating parameters related demonstrates each monitor location other gaseous fuels, if applicable, to to NOX formation by the unit. meets the appropriate siting criteria. determine the appropriate frequency for (3) For each gas-fired unit and diesel- (iii) A data flow diagram denoting the sampling for GCV or sulfur content of fired unit or unit with a wet flue gas complete information handling path the fuel. pollution control system for which the

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(b) * * * demonstrating that the unit qualifies for (6) For each gas-fired unit the (1) * * * the exemption. designated representative shall include (i) The information required in (4) For each monitoring system in the monitoring plan, in electronic § 75.54(c) for SO2 concentration and recertification, maintenance, or other format, the following: current calendar volumetric flow if either one of these event, the designated representative year, fuel usage data as specified in the monitors is still operating: shall include the following additional definition of gas-fired in § 72.2 of this * * * * * information in electronic format in the part, and an indication of whether the (xi) Method of determination of SO2 monitoring plan: data are actual or projected data. concentration and volumetric flow, (i) Component/system identification 37. Section 75.54 is amended by using Codes 1–15 in Table 4 of § 75.54; code; revising paragraph (a) introductory text and (ii) Event code or code for required and paragraph (a)(1), and adding a new * * * * * test; paragraph (g) to read as follows: (2) * * * (vii) Method of determination of NO (iii) Event begin date and hour; § 75.54 General recordkeeping provisions. X (iv) Conditionally valid data period emission rate using Codes 1–15 in Table (a) Recordkeeping requirements for begin date and hour (if applicable); 4 of § 75.54; and affected sources. On and after January 1, (v) Date and hour that last test is 1996, and before April 1, 2000, the * * * * * successfully completed; and (e) Specific SO2 emission record owner or operator shall meet the provisions during the combustion of (vi) Indicator of whether conditionally requirements of either this section or valid data were reported at the end of gaseous fuel. (1) If SO2 emissions are § 75.57. On and after April 1, 2000, the determined in accordance with the the quarter. owner or operator shall meet the (5) For each unit using the low mass provisions in § 75.11(e)(2) during hours requirements of § 75.57. The owner or in which only gaseous fuel is combusted emission excepted methodology under operator of any affected source subject § 75.19 the designated representative in a unit with an SO2 CEMS, the owner to the requirements of this part shall or operator shall record the information shall include the following additional maintain for each affected unit a file of information in the monitoring plan: in paragraph (c)(3) of this section in lieu all measurements, data, reports, and of the information in §§ 75.54(c)(1) and (i) Electronic. For each low mass other information required by this part emissions unit, report the results of the (c)(3) or §§ 75.57(c)(1) and (c)(4), for at the source in a form suitable for those hours. analysis performed to qualify as a low inspection for at least three (3) years mass emissions unit under § 75.19(c). (2) The provisions of this paragraph from the date of each record. Unless apply to a unit which, in accordance This report will include either the otherwise provided, throughout this previous three years actual or projected with the provisions of § 75.11(e)(3), uses subpart the phrase ‘‘for each affected an SO2 CEMS to determine SO2 emissions and the emissions calculated unit’’ also applies to each group of using the methodology which will be emissions during hours in which only affected or nonaffected units utilizing a gaseous fuel is combusted in the unit. If used by the unit to estimate future common stack and common monitoring emissions. the unit sometimes burns only gaseous systems, pursuant to §§ 75.16 through fuel that is very low sulfur fuel (as (ii) Hardcopy. (A) A schematic 75.18, or utilizing a common pipe diagram identifying the relationship defined in § 72.2 of this chapter) as a header and common fuel flowmeter, primary and/or backup fuel and at other between the unit, all fuel supply lines pursuant to section 2.1.2 of appendix D and tanks, any fuel flowmeter(s), and times combusts higher-sulfur fuels, such to this part. The file shall contain the as coal or oil, as primary and/or backup the stack(s). Comprehensive and/or following information: separate schematic diagrams shall be fuel(s), then the owner or operator shall (1) The data and information required keep records on-site, suitable for used to describe groups of units using in paragraphs (b) through (g) of this a common pipe; inspection, of the type(s) of fuel(s) section, beginning with the earlier of the burned during each period of missing (B) For units which use the long term date of provisional certification, or the SO2 data and the number of hours that fuel flow methodology under deadline in § 75.4(a), (b) or (c); each type of fuel was combusted in the § 75.19(c)(3), the designated * * * * * unit during each missing data period. representative must provide a diagram (g) Missing data records. The owner or This recordkeeping requirement does of the fuel flow to each affected unit or operator shall record the causes of any not apply to an affected unit that burns group of units and describe in detail the missing data periods and the actions very low sulfur fuel exclusively, nor procedures used to determine the long taken by the owner or operator to cure does it apply to a unit that burns such term fuel flow for a unit or group of such causes. gaseous fuel(s) only during unit startup. units for each fuel combusted by the 38. Section 75.55 is amended by 39. Section 75.56 is amended by unit or group of units; adding introductory text prior to adding introductory text prior to (C) A statement that the unit burns paragraph (a), by correcting paragraphs paragraph (a) adding new paragraphs only natural gas or fuel oil and a list of (b)(1)(i), (b)(1)(xi), (b)(2)(vii), by revising (a)(5)(vii) through (a)(5)(ix) and the fuels that are burned or a statement paragraph (e), and by removing removing paragraph (d) to read as that the unit is projected to burn only paragraph (f) to read as follows: follows: natural gas or fuel oil and a list of the fuels that are projected to be burned; § 75.55 General recordkeeping provisions § 75.56 Certification, quality assurance, (D) A statement that the unit meets for specific situations. and quality control record provisions. the applicability requirements in Before April 1, 2000, the owner or Before April 1, 2000, the owner or §§ 75.19(a) and (b); and operator shall meet the requirements of operator shall meet the requirements of

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(3) The data and information required except as provided under § 75.11(e) or (a) * * * in § 75.55 or § 75.58 for specific for a gas-fired or oil-fired unit for which (5) * * * situations, as applicable, beginning with the owner or operator is using the (vii) For flow monitors, the equation the earlier of the date of provisional optional protocol in appendix D to this used to linearize the flow monitor and certification or the deadline in § 75.4(a), part or for a low mass emissions unit for the numerical values of the polynomial (b), or (c); which the owner or operator is using the coefficients or K factor(s) of that (4) The certification test data and optional low mass emissions equation. information required in § 75.56 or methodology in § 75.19(c) for estimating (viii) The raw data and calculated § 75.59 for tests required under § 75.20, SO2 mass emissions: results for any stratification tests beginning with the date of the first (1) For SO2 concentration during unit performed in accordance with sections certification test performed, the quality operation, as measured and reported 6.5.6.1 through 6.5.6.3 in appendix A to assurance and quality control data and from each certified primary monitor, this part. information required in § 75.56 or certified back-up monitor, or other (ix) For moisture monitoring systems, § 75.59 for tests, and the quality approved method of emissions the coefficient or ‘‘K’’ factor or other assurance/quality control plan required determination: mathematical algorithm used to adjust under § 75.21 and appendix B to this (i) Component-system identification the monitoring system with respect to part, beginning with the date of code, as provided in § 75.53; the reference method. provisional certification; (ii) Date and hour; * * * * * (5) The current monitoring plan as (iii) Hourly average SO2 concentration 40. Section 75.57 is added to subpart specified in § 75.53, beginning with the (ppm, rounded to the nearest tenth); F to read as follows: initial submission required by § 75.62; (iv) Hourly average SO2 concentration and (ppm, rounded to the nearest tenth), § 75.57 General recordkeeping provisions. (6) The quality control plan as adjusted for bias if bias adjustment Before April 1, 2000, the owner or described in section 1 of appendix B to factor is required, as provided in operator shall meet the requirements of this part, beginning with the date of § 75.24(d); either this section or § 75.54. However, provisional certification. (v) Percent monitor data availability the provisions of this section which (b) Operating parameter record (recorded to the nearest tenth of a support a regulatory option provided in provisions. The owner or operator shall percent), calculated pursuant to § 75.32; another section of this part must be record for each hour the following and followed if that regulatory option is information on unit operating time, heat (vi) Method of determination for used prior to April 1, 2000. On or after input rate, and load, separately for each hourly average SO2 concentration using April 1, 2000, the owner or operator affected unit and also for each group of Codes 1–55 in Table 4a of this section. shall meet the requirements of this units utilizing a common stack and a (2) For flow rate during unit section. common monitoring system or utilizing operation, as measured and reported (a) Recordkeeping requirements for a common pipe header and common from each certified primary monitor, affected sources. The owner or operator fuel flowmeter: certified back-up monitor, or other of any affected source subject to the (1) Date and hour; approved method of emissions requirements of this part shall maintain (2) Unit operating time (rounded up to determination: for each affected unit a file of all the nearest fraction of an hour (in equal (i) Component-system identification measurements, data, reports, and other increments that can range from one code, as provided in § 75.53; information required by this part at the hundredth to one quarter of an hour, at (ii) Date and hour; source in a form suitable for inspection the option of the owner or operator)); (iii) Hourly average volumetric flow for at least three (3) years from the date (3) Hourly gross unit load (rounded to rate (in scfh, rounded to the nearest of each record. Unless otherwise nearest MWge) (or steam load in 1000 thousand); provided, throughout this subpart the lb/hr at stated temperature and pressure, (iv) Hourly average volumetric flow phrase ‘‘for each affected unit’’ also rounded to the nearest 1000 lb/hr, if rate (in scfh, rounded to the nearest applies to each group of affected or elected in the monitoring plan); thousand), adjusted for bias if bias nonaffected units utilizing a common (4) Operating load range adjustment factor required, as provided stack and common monitoring systems, corresponding to hourly gross load of 1 in § 75.24(d); pursuant to §§ 75.16 through 75.18, or to 10, except for units using a common (v) Percent monitor data availability utilizing a common pipe header and stack or common pipe header, which (recorded to the nearest tenth of a common fuel flowmeter, pursuant to may use up to 20 load ranges for stack percent) for the flow monitor, calculated section 2.1.2 of appendix D to this part. or fuel flow, as specified in the pursuant to § 75.32; and The file shall contain the following monitoring plan; (vi) Method of determination for information: (5) Hourly heat input rate (mmBtu/hr, hourly average flow rate using Codes 1– (1) The data and information required rounded to the nearest tenth); 55 in Table 4a of this section. in paragraphs (b) through (h) of this (6) Identification code for formula (3) For flue gas moisture content section, beginning with the earlier of the used for heat input, as provided in during unit operation (where SO2 date of provisional certification or the § 75.53; and concentration is measured on a dry deadline in § 75.4(a), (b), or (c); (7) For CEMS units only, F-factor for basis), as measured and reported from (2) The supporting data and heat input calculation and indication of each certified primary monitor, certified information used to calculate values whether the diluent cap was used for back-up monitor, or other approved required in paragraphs (b) through (g) of heat input calculations for the hour. method of emissions determination: this section, excluding the subhourly (c) SO2 emission record provisions. (i) Component-system identification data points used to compute hourly The owner or operator shall record for code, as provided in § 75.53; averages under § 75.10(d), beginning each hour the information required by (ii) Date and hour;

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(iii) Hourly average moisture content (v) Method of determination for (iii) Hourly SO2 mass emission rate of flue gas (percent, rounded to the hourly average moisture percentage, (lb/hr, rounded to the nearest tenth), nearest tenth). If the continuous using Codes 1–55 in Table 4a of this adjusted for bias if bias adjustment moisture monitoring system consists of section. factor required, as provided in wet- and dry-basis oxygen analyzers, (4) For SO2 mass emission rate during § 75.24(d); and also record both the wet- and dry-basis unit operation, as measured and reported from the certified primary (iv) Identification code for emissions oxygen hourly averages (in percent O2, formula used to derive hourly SO2 mass rounded to the nearest tenth); monitoring system(s), certified redundant or non-redundant back-up emission rate from SO2 concentration (iv) Percent monitor data availability monitoring system(s), or other approved and flow and (if applicable) moisture (recorded to the nearest tenth of a method(s) of emissions determination: data in paragraphs (c)(1), (c)(2), and percent) for the moisture monitoring (i) Date and hour; (c)(3) of this section, as provided in system, calculated pursuant to § 75.32; (ii) Hourly SO2 mass emission rate § 75.53. and (lb/hr, rounded to the nearest tenth);

TABLE 4A.ÐCODES FOR METHOD OF EMISSIONS AND FLOW DETERMINATION

Code Hourly emissions/flow measurement or estimation method

1 ...... Certified primary emission/flow monitoring system. 2 ...... Certified backup emission/flow monitoring system. 3 ...... Approved alternative monitoring system. 4 ...... Reference method: NSO2: Method 6C. Flow: Method 2 or its allowable alternatives under appendix A to part 60 of this chapter. NOX: Method 7E. CO2 or O2: Method 3A. 5 ...... For units with add-on SO2 and/or NOX emission controls: SO2 concentration or NOX emission rate estimate from Agency preapproved parametric monitoring method. 6 ...... Average of the hourly SO2 concentrations, CO2 concentrations, O2 concentrations, NOX concentrations, flow rates, moisture percentages or NOX emission rates for the hour before and the hour following a missing data period. 7 ...... Hourly average SO2 concentration, CO2 concentration, O2 concentration, NOX concentration, moisture percentage, flow rate, or NOX emission rate using initial missing data procedures. 8 ...... 90th percentile hourly SO2 concentration, CO2 concentration, NOX concentration, flow rate, moisture percentage, or NOX emission rate or 10th percentile hourly O2 concentration or moisture percentage (moisture missing data algorithm depends on which equations are used for emissions and heat input). 9 ...... 95th percentile hourly SO2 concentration, CO2 concentration, NOX concentration, flow rate, moisture percentage, or NOX emission rate or 5th percentile hourly O2 concentration or moisture percentage (moisture missing data algorithm depends on which equations are used for emissions and heat input) 10 ...... Maximum hourly SO2 concentration, CO2 concentration, NOX concentration, flow rate, moisture percentage, or NOX emission rate or minimum hourly O2 concentration or moisture percentage in the applicable lookback period (moisture missing data algorithm depends on which equations are used for emissions and heat input). 11 ...... Average of hourly flow rates, NOX concentrations or NOX emission rates in corresponding load range, for the applicable lookback period. 12 ...... Maximum potential concentration of SO2, maximum potential concentration of CO2, maximum potential concentration of NOX maximum potential flow rate, maximum potential NOX emission rate, maximum potential moisture percentage, minimum po- tential O2 concentration or minimum potential moisture percentage, as determined using section 2.1 of appendix A to this part (moisture missing data algorithm depends on which equations are used for emissions and heat input). 13 ...... Fuel analysis data from appendix G to this part for CO2 mass emissions. (This code is optional through 12/31/99, and shall not be used after 1/1/00.) 14 ...... Diluent cap value (if the cap is replacing a CO2 measurement, use 5.0 percent for boilers and 1.0 percent for turbines; if it is replacing an O2 measurement, use 14.0 percent for boilers and 19.0 percent for turbines). 15 ...... Fuel analysis data from appendix G to this part for CO2 mass emissions. (This code is optional through 12/31/99, and shall not be used after 1/1/00.) 16 ...... SO2 concentration value of 2.0 ppm during hours when only ``very low sulfur fuel'', as defined in § 72.2 of this chapter, is com- busted. 17 ...... Like-kind replacement non-redundant backup monitoring analyzer. 19 ...... 200 percent of the MPC; default high range value. 20 ...... 200 percent of the full-scale range setting (full-scale exceedance of high range). 25 ...... Maximum potential NOX emission rate (MER). (Use only when a NOX concentration full-scale exceedance occurs and the dil- uent monitor is unavailable.) 54 ...... Other quality assured methodologies approved through petition. These hours are included in missing data lookback and are treated as unavailable hours for percent monitor availability calculations. 55 ...... Other substitute data approved through petition. These hours are not included in missing data lookback and are treated as unavailable hours for percent monitor availability calculations.

(d) NOX emission record provisions. peaking unit or oil-fired peaking unit for methodology in § 75.19(c) for estimating The owner or operator shall record the which the owner or operator is using the NOX emission rate. For each NOX applicable information required by this optional protocol in appendix E to this emission rate (in lb/mmBtu) measured paragraph for each affected unit for each part or a low mass emissions unit for by a NOX-diluent monitoring system, or, hour or partial hour during which the which the owner or operator is using the if applicable, for each NOX unit operates, except for a gas-fired optional low mass emissions excepted concentration (in ppm) measured by a

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NOX concentration monitoring system percentage, using Codes 1–55 in Table CO2 mass emission rate, as provided in used to calculate NOX mass emissions 4a of this section; and § 75.53; and under § 75.71(a)(2), record the following (10) Identification codes for emissions (x) Indication of whether the diluent data as measured and reported from the formulas used to derive hourly average cap was used for CO2 calculation for the certified primary monitor, certified NOX emission rate and total NOX mass hour. back-up monitor, or other approved emissions, as provided in § 75.53, and (2) As an alternative to paragraph method of emissions determination: (if applicable) the F-factor used to (e)(1) of this section, the owner or (1) Component-system identification convert NOX concentrations into operator may use the procedures in code, as provided in § 75.53 (including emission rates. § 75.13 and in appendix G to this part, identification code for the moisture (e) CO2 emission record provisions. and shall record daily the following monitoring system, if applicable); Except for a low mass emissions unit for information for CO2 mass emissions: (2) Date and hour; which the owner or operator is using the (i) Date; (ii) Daily combustion-formed CO2 (3) Hourly average NOX concentration optional low mass emissions excepted (ppm, rounded to the nearest tenth) and methodology in § 75.19(c) for estimating mass emissions (tons/day, rounded to the nearest tenth); hourly average NOX concentration CO2 mass emissions, the owner or (ppm, rounded to the nearest tenth) operator shall record or calculate CO2 (iii) For coal-fired units, flag adjusted for bias if bias adjustment emissions for each affected unit using indicating whether optional procedure factor required, as provided in one of the following methods specified to adjust combustion-formed CO2 mass § 75.24(d); in this section: emissions for carbon retained in flyash (4) Hourly average diluent gas (1) If the owner or operator chooses to has been used and, if so, the adjustment; use a CO2 CEMS (including an O2 (iv) For a unit with a wet flue gas concentration (for NOX-diluent desulfurization system or other controls monitoring systems, only, in units of monitor and flow monitor, as specified in appendix F to this part), then the generating CO2, daily sorbent-related percent O2 or percent CO2, rounded to CO2 mass emissions (tons/day, rounded the nearest tenth); owner or operator shall record for each hour or partial hour during which the to the nearest tenth); and (5) If applicable, the hourly average (v) For a unit with a wet flue gas moisture content of the stack gas unit operates the following information for CO2 mass emissions, as measured desulfurization system or other controls (percent H2O, rounded to the nearest and reported from the certified primary generating CO2, total daily CO2 mass tenth). If the continuous moisture emissions (tons/day, rounded to the monitoring system consists of wet- and monitor, certified back-up monitor, or other approved method of emissions nearest tenth) as the sum of combustion- dry-basis oxygen analyzers, also record formed emissions and sorbent-related both the hourly wet- and dry-basis determination: (i) Component-system identification emissions. oxygen readings (in percent O2, rounded (f) Opacity records. The owner or to the nearest tenth); code, as provided in § 75.53 (including identification code for the moisture operator shall record opacity data as (6) Hourly average NOX emission rate monitoring system, if applicable); specified by the State or local air (for NOX-diluent monitoring systems (ii) Date and hour; pollution control agency. If the State or only, in units of lb/mmBtu, rounded (iii) Hourly average CO2 concentration local air pollution control agency does either to the nearest hundredth or (in percent, rounded to the nearest not specify recordkeeping requirements thousandth prior to April 1, 2000 and tenth); for opacity, then record the information rounded to the nearest thousandth on (iv) Hourly average volumetric flow required by paragraphs (f) (1) through and after April 1, 2000); rate (scfh, rounded to the nearest (5) of this section for each affected unit, (7) Hourly average NOX emission rate thousand scfh); except as provided in §§ 75.14(b), (c), (for NOX-diluent monitoring systems (v) Hourly average moisture content of and (d). The owner or operator shall only, in units of lb/mmBtu, rounded flue gas (percent, rounded to the nearest also keep records of all incidents of either to the nearest hundredth or tenth), where CO2 concentration is opacity monitor downtime during unit thousandth prior to April 1, 2000 and measured on a dry basis. If the operation, including reason(s) for the rounded to the nearest thousandth on continuous moisture monitoring system monitor outage(s) and any corrective and after April 1, 2000), adjusted for consists of wet- and dry-basis oxygen action(s) taken for opacity, as measured bias if bias adjustment factor is required, analyzers, also record both the hourly and reported by the continuous opacity as provided in § 75.24(d). The wet- and dry-basis oxygen readings (in monitoring system: requirement to report hourly NOX percent O2, rounded to the nearest (1) Component/system identification emission rates to the nearest thousandth tenth); code; shall not affect NOX compliance (vi) Hourly average CO2 mass (2) Date, hour, and minute; determinations under part 76 of this emission rate (tons/hr, rounded to the (3) Average opacity of emissions for chapter; compliance with each nearest tenth); each six minute averaging period (in applicable emission limit under part 76 (vii) Percent monitor data availability percent opacity); shall be determined to the nearest for both the CO2 monitoring system and, (4) If the average opacity of emissions hundredth pound per million Btu; if applicable, the moisture monitoring exceeds the applicable standard, then a (8) Percent monitoring system data system (recorded to the nearest tenth of code indicating such an exceedance has availability (recorded to the nearest a percent), calculated pursuant to occurred; and (5) Percent monitor data tenth of a percent), for the NOX-diluent § 75.32; availability (recorded to the nearest or NOX concentration monitoring (viii) Method of determination for tenth of a percent), calculated according system, and, if applicable, for the hourly average CO2 mass emission rate to the requirements of the procedure moisture monitoring system, calculated and hourly average CO2 concentration, recommended for State Implementation pursuant to § 75.32; and, if applicable, for the hourly average Plans in appendix M to part 51 of this (9) Method of determination for moisture percentage, using Codes 1–55 chapter. hourly average NOX emission rate or in Table 4a of this section; (g) Diluent record provisions. The NOX concentration and (if applicable) (ix) Identification code for emissions owner or operator of a unit using a flow for the hourly average moisture formula used to derive hourly average monitor and an O2 diluent monitor to

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The parametric diluent monitor: (v) Pressure differential across each data shall be maintained on site and (1) Component-system identification operating scrubber module (inches of shall be submitted, upon request, to the code, as provided in § 75.53; water column); Administrator, EPA Regional office, (2) Date and hour; (vi) For a unit with a wet flue gas (3) Hourly average diluent gas (O2 or State, or local agency; desulfurization system, an in-line CO2) concentration (in percent, rounded (ii) A flag indicating either that the measure of absorber pH for each to the nearest tenth); add-on emission controls are operating operating scrubber module; (4) Percent monitor data availability (vii) For a unit with a dry flue gas properly, as evidenced by all parameters for the diluent monitor (recorded to the desulfurization system, the inlet and being within the ranges specified in the nearest tenth of a percent), calculated outlet temperatures across each quality assurance/quality control pursuant to § 75.32; and operating scrubber module; program, or that the add-on emission (5) Method of determination code for (viii) For a unit with a wet flue gas controls are not operating properly; diluent gas (O2 or CO2) concentration desulfurization system, the percent (iii) For units substituting a data using Codes 1–55, in Table 4a of solids in slurry for each scrubber representative SO this section. 2 concentration during module; missing data periods under § 75.34(a)(2), (h) Missing data records. The owner (ix) For a unit with a dry flue gas or operator shall record the causes of any available inlet and outlet SO2 desulfurization system, the slurry feed concentration values recorded by an any missing data periods and the rate (gal/min) to the atomizer nozzle; SO2 continuous emission monitoring actions taken by the owner or operator (x) For a unit with SO2 add-on to correct such causes. emission controls other than wet or dry system; and 41. Section 75.58 is added to subpart limestone, corresponding parameters (iv) For units substituting a F to read as follows: approved by the Administrator; representative NOX emission rate during (xi) Method of determination of SO2 missing data periods under § 75.34(a)(2), § 75.58 General recordkeeping provisions concentration and volumetric flow for specific situations. any available inlet and outlet NOX using Codes 1–15 in Table 4 of § 75.54 emission rate values recorded by a Before April 1, 2000, the owner or or Codes 1–55 in Table 4a of § 75.57; continuous emission monitoring system. operator shall meet the requirements of and (c) Specific SO2 emission record either this section or § 75.55. However, (xii) Inlet and outlet SO2 the provisions of this section which concentration values, recorded by an provisions for gas-fired or oil-fired units using optional protocol in appendix D support a regulatory option provided in SO2 continuous emission monitoring another section of this part must be system, and the removal efficiency of to this part. In lieu of recording the followed if that regulatory option is the add-on emission controls. information in § 75.54(c) or § 75.57(c), exercised prior to April 1, 2000. On or (2) For units with add-on NOX the owner or operator shall record the after April 1, 2000, the owner or emission controls using the optional applicable information in this paragraph operator shall meet the requirements of parametric monitoring procedures in for each affected gas-fired or oil-fired this section. appendix C to this part, for each hour unit for which the owner or operator is (a) [Reserved] of missing NOX emission rate data: using the optional protocol in appendix (b) Specific parametric data record (i) Date and hour; D to this part for estimating SO2 mass provisions for calculating substitute (ii) Inlet air flow rate (scfh, rounded emissions: to the nearest thousand); emissions data for units with add-on (1) For each hour when the unit is (iii) Excess O2 concentration of flue emission controls. In accordance with combusting oil: § 75.34, the owner or operator of an gas at stack outlet (percent, rounded to affected unit with add-on emission the nearest tenth of a percent); (i) Date and hour; controls shall either record the (iv) Carbon monoxide concentration (ii) Hourly average volumetric flow applicable information in paragraph of flue gas at stack outlet (ppm, rounded rate of oil, while the unit combusts oil, (b)(3) of this section for each hour of to the nearest tenth); with the units in which oil flow is (v) Temperature of flue gas at furnace 3 missing SO2 concentration data or NOX recorded (gal/hr, scf/hr, m /hr, or bbl/ exit or economizer outlet duct (°F); emission rate (in addition to other hr, rounded to the nearest tenth) (flag (vi) Other parameters specific to NOX information), or shall record the emission controls (e.g., average hourly value if derived from missing data information in paragraph (b)(1) of this reagent feedrate); procedures); section for SO2 or paragraph (b)(2) of (vii) Method of determination of NOX (iii) Sulfur content of oil sample used this section for NOX through an emission rate using Codes 1–15 in Table to determine SO2 mass emission rate automated data acquisition and 4 of § 75.54 or Codes 1–55 in Table 4a (rounded to nearest hundredth for diesel handling system, as appropriate to the of § 75.57; and fuel or to the nearest tenth of a percent type of add-on emission controls: (viii) Inlet and outlet NOX emission for other fuel oil) (flag value if derived (1) For units with add-on SO2 rate values recorded by a NOX from missing data procedures); emission controls using the optional continuous emission monitoring system parametric monitoring procedures in and the removal efficiency of the add- (iv) [Reserved]; appendix C to this part, for each hour on emission controls. (v) Mass flow rate of oil combusted of missing SO2 concentration or (3) For units with add-on SO2 or NOX each hour and method of determination volumetric flow data: emission controls following the (lb/hr, rounded to the nearest tenth)

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(flag value if derived from missing data (B) Default SO2 emission rate of estimating NOX emission rate. The procedures); 0.0006 lb/mmBtu for pipeline natural owner or operator shall meet the (vi) SO2 mass emission rate from oil gas, or calculated SO2 emission rate for requirements of this section, except that (lb/hr, rounded to the nearest tenth); natural gas from section 2.3.2.1.1 of the requirements under paragraphs (vii) For units using volumetric oil appendix D to this part. (d)(1)(vii) and (d)(2)(vii) of this section flowmeters, density of oil with the units (iv) Hourly flow rate of gaseous fuel, shall become applicable on the date on in which oil density is recorded and while the unit combusts gas (100 scfh) which the owner or operator is required method of determination (flag value if and source of data code for gas flow to monitor, record, and report NOX mass derived from missing data procedures); rate. emissions under an applicable State or (viii) Gross calorific value of oil used (v) Gross calorific value of gaseous federal NOX mass emission reduction to determine heat input and method of fuel used to determine heat input rate program, if the provisions of subpart H determination (Btu/lb) (flag value if (Btu/100 scf) (flag value if derived from of this part are adopted as requirements derived from missing data procedures); missing data procedures). under such a program. (ix) Hourly heat input rate from oil, (vi) SO2 mass emission rate due to the (1) For each hour when the unit is according to procedures in appendix D combustion of gaseous fuels (lb/hr). combusting oil: to this part (mmBtu/hr, to the nearest (vii) Fuel usage time for combustion (i) Date and hour; tenth); of gaseous fuel during the hour (ii) Hourly average mass flow rate of (x) Fuel usage time for combustion of (rounded up to the nearest fraction of an oil while the unit combusts oil with the oil during the hour (rounded up to the hour (in equal increments that can range units in which oil flow is recorded (lb/ nearest fraction of an hour (in equal from one hundredth to one quarter of an hr); increments that can range from one hour, at the option of the owner or (iii) Gross calorific value of oil used hundredth to one quarter of an hour, at operator)) (flag to indicate multiple/ to determine heat input (Btu/lb); the option of the owner or operator)) single fuel types combusted). (iv) Hourly average NOX emission rate (flag to indicate multiple/single fuel (viii) Monitoring system identification from combustion of oil (lb/mmBtu, types combusted); code. rounded to the nearest hundredth); (xi) Monitoring system identification (ix) Operating load range (v) Heat input rate of oil (mmBtu/hr, code; corresponding to gross unit load (01– rounded to the nearest tenth); (xii) Operating load range (vi) Fuel usage time for combustion of 20). corresponding to gross unit load (01– oil during the hour (rounded up to the (x) Type of gas combusted. 20); and (5) For each oil sample or sample of nearest fraction of an hour, in equal (xiii) Type of oil combusted. increments that can range from one (2) For gas-fired units or oil-fired diesel fuel: (i) Date of sampling; hundredth to one quarter of an hour, at units using the optional protocol in the option of the owner or operator); appendix D to this part for daily manual (ii) Sulfur content (percent, rounded to the nearest hundredth for diesel fuel (vii) NOX mass emissions, calculated oil sampling, when the unit is in accordance with section 8.1 of combusting oil, the highest sulfur and to the nearest tenth for other fuel oil); appendix F to this part; content recorded from the most recent (viii) NOX monitoring system 30 daily oil samples (rounded to the (iii) Gross calorific value (Btu/lb); and (iv) Density or specific gravity, if identification code; nearest tenth of a percent). (ix) Fuel flow monitoring system required to convert volume to mass. (3) For gas-fired units or oil-fired identification code; and units using the optional protocol in (6) For each sample of gaseous fuel for (x) Segment identification of the appendix D to this part, when either an sulfur content: correlation curve. assumed oil sulfur content or density (i) Date of sampling; and (2) For each hour when the unit is (ii) Sulfur content (grains/100 scf, value is used, or when as-delivered oil combusting gaseous fuel: sampling is performed: rounded to the nearest tenth). (i) Date and hour; (i) Record the measured sulfur (7) For each sample of gaseous fuel for (ii) Hourly average fuel flow rate of content, gross calorific value, and, if gross calorific value: gaseous fuel, while the unit combusts applicable, density from each fuel (i) Date of sampling; and gas (100 scfh); sample; and (ii) Gross calorific value (Btu/100 scf) (iii) Gross calorific value of gaseous (ii) Record and report the assumed (8) For each oil sample or sample of fuel used to determine heat input (Btu/ sulfur content, gross calorific value, gaseous fuel: 100 scf) (flag value if derived from and, if applicable, density used to (i) Type of oil or gas; and missing data procedures); (ii) Type of sulfur sampling (using calculate SO2 mass emission rate or heat (iv) Hourly average NOX emission rate input rate. codes in tables D–4 and D–5 of from combustion of gaseous fuel (lb/ (4) For each hour when the unit is appendix D to this part) and value used mmBtu, rounded to nearest hundredth); combusting gaseous fuel: in calculations, and type of GCV or (v) Heat input rate from gaseous fuel, (i) Date and hour. density sampling (using codes in tables while the unit combusts gas (mmBtu/hr, (ii) Hourly heat input rate from D–4 and D–5 of appendix D to this part). rounded to the nearest tenth); gaseous fuel, according to procedures in (d) Specific NOX emission record (vi) Fuel usage time for combustion of appendix F to this part (mmBtu/hr, provisions for gas-fired peaking units or gaseous fuel during the hour (rounded rounded to the nearest tenth). oil-fired peaking units using optional up to the nearest fraction of an hour, in (iii) Sulfur content or SO2 emission protocol in appendix E to this part. In equal increments that can range from rate, in one of the following formats, in lieu of recording the information in one hundredth to one quarter of an accordance with the appropriate paragraph § 75.54(d) or § 75.57(d), the hour, at the option of the owner or procedure from appendix D to this part: owner or operator shall record the operator); (A) Sulfur content of gas sample and applicable information in this paragraph (vii) NOX mass emissions, calculated method of determination (rounded to for each affected gas-fired peaking unit in accordance with section 8.1 of the nearest 0.1 grains/100 scf) (flag or oil-fired peaking unit for which the appendix F to this part; value if derived from missing data owner or operator is using the optional (viii) NOX monitoring system procedures); or protocol in appendix E to this part for identification code;

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(ix) Fuel flow monitoring system not apply to an affected unit that burns (viii) Method of determining fuel GCV identification code; and very low sulfur fuel exclusively, nor used; (x) Segment identification of the does it apply to a unit that burns such (ix) Method of determining fuel flow correlation curve. gaseous fuel(s) only during unit startup. over period; (3) For each hour when the unit (f) Specific SO2, NOX, and CO2 record (x) Component-system identification combusts multiple fuels: provisions for gas-fired or oil-fired units code; (i) Date and hour; using the optional low mass emissions (xi) Quarter and year; (ii) Hourly average heat input rate excepted methodology in § 75.19. In lieu (xii) Total heat input (mmBtu); and from all fuels (mmBtu/hr, rounded to of recording the information in (xiii) Operating hours in period. 42. Section 75.59 is added to subpart the nearest tenth); and §§ 75.54(b) through (e) or §§ 75.57(b) F to read as follows: (iii) Hourly average NOX emission rate through (e), the owner or operator shall for the unit for all fuels (lb/mmBtu, record the following information for § 75.59 Certification, quality assurance, rounded to the nearest hundredth). each affected low mass emissions unit and quality control record provisions. (4) For each hour when the unit for which the owner or operator is using Before April 1, 2000, the owner or combusts any fuel(s): the optional low mass emissions operator shall meet the requirements of (i) For stationary gas turbines and excepted methodology in § 75.19(c): this section or § 75.56. However, the diesel or dual-fuel reciprocating (1) All low mass emission units shall provisions of this section which support engines, hourly averages of operating report for each hour: a regulatory option provided in another parameters under section 2.3 of (i) Date and hour; section of this part must be followed if appendix E to this part (flag if value is (ii) Unit operating time (units using that regulatory option is exercised prior outside of manufacturer’s recommended the long term fuel flow methodology to April 1, 2000. On or after April 1, range); and report operating time to be 1); 2000, the owner or operator shall meet (ii) For boilers, hourly average boiler (iii) Fuel type (pipeline natural gas, the requirements of this section. O2 reading (percent, rounded to the natural gas, residual oil, or diesel fuel) (a) Continuous emission or opacity nearest tenth) (flag if value exceeds by (note: if more than one type of fuel is monitoring systems. The owner or more than 2 percentage points the O2 combusted in the hour, indicate the fuel operator shall record the applicable level recorded at the same heat input type which results in the highest information in this section for each during the previous NOX emission rate emission factors for NOX); certified monitor or certified monitoring test). (iv) Average hourly NOX emission rate system (including certified backup (5) For each fuel sample: (lb/mmBtu, rounded to the nearest monitors) measuring and recording (i) Date of sampling; thousandth); (ii) Gross calorific value (Btu/lb for emissions or flow from an affected unit. (v) Hourly NOX mass emissions (lbs, (1) For each SO2 or NOX pollutant oil, Btu/100 scf for gaseous fuel); and rounded to the nearest tenth); (iii) Density or specific gravity, if concentration monitor, flow monitor, (vi) Hourly SO2 mass emissions (lbs, CO2 pollutant concentration monitor required to convert volume to mass. rounded to the nearest tenth); (6) Flag to indicate multiple or single (including O2 monitors used to (vii) Hourly CO2 mass emissions fuels combusted. determine CO2 emissions), or diluent (tons, rounded to the nearest tenth); gas monitor (including wet- and dry- (e) Specific SO2 emission record (viii) Hourly calculated unit heat provisions during the combustion of basis O2 monitors used to determine input in mmBtu; percent moisture), the owner or operator gaseous fuel. (1) If SO2 emissions are (ix) Hourly unit output in gross load determined in accordance with the shall record the following for all daily or steam load; and 7-day calibration error tests and all provisions in § 75.11(e)(2) during hours (x) The method of determining hourly in which only gaseous fuel is combusted off-line calibration demonstrations, heat input: unit maximum rated heat including any follow-up tests after in a unit with an SO2 CEMS, the owner input, unit long term fuel flow or group or operator shall record the information corrective action: long term fuel flow; (i) Component-system identification in paragraph (c)(3) of this section in lieu (xi) The method of determining NOX of the information in §§ 75.54(c)(1) and code; emission rate used for the hour: default (ii) Instrument span and span scale; (c)(3) or §§ 75.57(c)(1), (c)(3), and (c)(4), based on fuel combusted, unit specific (iii) Date and hour; for those hours. default based on testing or historical (iv) Reference value (i.e., calibration (2) The provisions of this paragraph data, group default based on gas concentration or reference signal apply to a unit which, in accordance representative testing of identical units, value, in ppm or other appropriate with the provisions of § 75.11(e)(3), uses unit specific based on testing of a unit units); an SO2 CEMS to determine SO2 with NOX controls operating, or missing (v) Observed value (monitor response emissions during hours in which only data value; and during calibration, in ppm or other gaseous fuel is combusted in the unit. If (xii) Control status of the unit. appropriate units); the unit sometimes burns only gaseous (2) Low mass emission units using the (vi) Percent calibration error (rounded fuel that is very low sulfur fuel (as optional long term fuel flow to the nearest tenth of a percent) (flag if defined in § 72.2 of this chapter) as a methodology to determine unit heat using alternative performance primary and/or backup fuel and at other input shall report for each quarter: specification for low emitters or times combusts higher sulfur fuels, such (i) Type of fuel; differential pressure flow monitors); as coal or oil, as primary and/or backup (ii) Beginning date and hour of long (vii) Calibration gas level; fuel(s), then the owner or operator shall term fuel flow measurement period; (viii) Test number and reason for test; keep records on-site, in a form suitable (iii) End date and hour of long term (ix) For 7-day calibration tests for for inspection, of the type(s) of fuel(s) fuel flow period; certification or recertification, a burned during each period of missing (iv) Quantity of fuel measured; certification from the cylinder gas SO2 data and the number of hours that (v) Units of measure; vendor or CEMS vendor that calibration each type of fuel was combusted in the (vi) Fuel GCV value used to calculate gas, as defined in § 72.2 of this chapter unit during each missing data period. heat input; and appendix A to this part, was used This recordkeeping requirement does (vii) Units of GCV; to conduct calibration error testing;

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(x) Description of any adjustments, paragraphs (a)(4) (vi) and (vii) for all (K) Average gross unit load; and corrective actions, or maintenance prior flow-to-load ratio and gross heat rate (L) Operating load level. to a passed test or following a failed test; tests: (5) For each SO2 pollutant and (i) Component-system identification concentration monitor, flow monitor, (xi) For the qualifying test for off-line code. each CO2 pollutant concentration calibration, the owner or operator shall (ii) Date and hour. monitor (including any O2 indicate whether the unit is off-line or (iii) Reason for test. concentration monitor used to on-line. (iv) Code indicating whether monitor determine CO2 mass emissions or heat (2) For each flow monitor, the owner passes or fails the quarterly leak check. input), each NOX-diluent continuous or operator shall record the following (v) Description of any adjustments, emission monitoring system, each SO2- for all daily interference checks, corrective actions, or maintenance prior diluent continuous emission monitoring including any follow-up tests after to a passed test or following a failed test. system, each NOX concentration corrective action. (vi) Test data from the flow-to-load monitoring system, each diluent gas (O2 (i) Component-system identification ratio or gross heat rate (GHR) evaluation, or CO2) monitor used to determine heat code; including: input, each moisture monitoring system, (ii) Date and hour; (A) Monitoring system identification and each approved alternative (iii) Code indicating whether monitor code; monitoring system, the owner or passes or fails the interference check; (B) Calendar year and quarter; operator shall record the following and (C) Indication of whether the test is a information for the initial and all (iv) Description of any adjustments, flow-to-load ratio or gross heat rate subsequent relative accuracy test audits: corrective actions, or maintenance prior evaluation; (i) Reference method(s) used. to a passed test or following a failed test. (D) Indication of whether bias (ii) Individual test run data from the adjusted flow rates were used; (3) For each SO2 or NOX pollutant relative accuracy test audit for the SO2 (E) Average absolute percent concentration monitor, CO2 pollutant concentration monitor, flow monitor, difference between reference ratio (or concentration monitor (including O2 CO2 pollutant concentration monitor, GHR) and hourly ratios (or GHR values); monitors used to determine CO2 NOX-diluent continuous emission emissions), or diluent gas monitor (F) Test result; (G) Number of hours used in final monitoring system, SO2-diluent (including wet- and dry-basis O2 continuous emission monitoring system, monitors used to determine percent quarterly average; (H) Number of hours exempted for use diluent gas (O2 or CO2) monitor used to moisture), the owner or operator shall of a different fuel type; determine heat input, NOX record the following for the initial and (I) Number of hours exempted for load concentration monitoring system, all subsequent linearity check(s), ramping up or down; moisture monitoring system, or including any follow-up tests after (J) Number of hours exempted for approved alternative monitoring system, corrective action. scrubber bypass; including: (i) Component-system identification (K) Number of hours exempted for (A) Date, hour, and minute of code; hours preceding a normal-load flow beginning of test run; (ii) Instrument span and span scale; RATA; (B) Date, hour, and minute of end of (iii) Calibration gas level; (L) Number of hours exempted for test run; (iv) Date and time (hour and minute) hours preceding a successful diagnostic (C) Monitoring system identification of each gas injection at each calibration test, following a documented monitor code; gas level; repair or major component replacement; (D) Test number and reason for test; (v) Reference value (i.e., reference gas and (E) Operating load level (low, mid, concentration for each gas injection at (M) Number of hours excluded for high, or normal, as appropriate) and each calibration gas level, in ppm or flue gases discharging simultaneously number of load levels comprising test; other appropriate units); thorough a main stack and a bypass (F) Normal load indicator for flow (vi) Observed value (monitor response stack. RATAs (except for peaking units); to each reference gas injection at each (vii) Reference data for the flow-to- (G) Units of measure; calibration gas level, in ppm or other load ratio or gross heat rate evaluation, (H) Run number; appropriate units); including (as applicable): (I) Run value from CEMS being tested, (vii) Mean of reference values and (A) Reference flow RATA end date in the appropriate units of measure; mean of measured values at each and time; (J) Run value from reference method, calibration gas level; (B) Test number of the reference in the appropriate units of measure; (viii) Linearity error at each of the RATA; (K) Flag value (0, 1, or 9, as reference gas concentrations (rounded to (C) Reference RATA load and load appropriate) indicating whether run has nearest tenth of a percent) (flag if using level; been used in calculating relative alternative performance specification); (D) Average reference method flow accuracy and bias values or whether the (ix) Test number and reason for test rate during reference flow RATA; test was aborted prior to completion; (flag if aborted test); and (E) Reference flow/load ratio; (L) Average gross unit load, expressed (x) Description of any adjustments, (F) Average reference method diluent as a total gross unit load, rounded to the corrective action, or maintenance prior gas concentration during flow RATA nearest MWe, or as steam load, rounded to a passed test or following a failed test. and diluent gas units of measure; to the nearest thousand lb/hr); and (4) For each differential pressure type (G) Fuel specific Fd -or Fc-factor (M) Flag to indicate whether an flow monitor, the owner or operator during flow RATA and F-factor units of alternative performance specification shall record items in paragraphs (a)(4) measure; has been used. (i) through (v) of this section, for all (H) Reference gross heat rate value; (iii) Calculations and tabulated quarterly leak checks, including any (I) Monitoring system identification results, as follows: follow-up tests after corrective action. code; (A) Arithmetic mean of the For each flow monitor, the owner or (J) Average hourly heat input rate monitoring system measurement values, operator shall record items in during RATA; of the reference method values, and of

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For multi-level flow compliance with all applicable sections during the run, and, if different, the wall monitor tests the relative accuracy test and appendices in this part. Unless effects adjustment factor used in the results shall be recorded at each load otherwise specified in this part or in an calculations; and level tested. Each load level shall be applicable test method, the information (T) Default wall effects adjustment expressed as a total gross unit load, in paragraphs (a)(7)(i) through (a)(7)(vi) factor used. rounded to the nearest MWe, or as may be recorded either in hard copy (iii) For each traverse point of each steam load, rounded to the nearest format, electronic format or a run of each RATA using Reference thousand lb/hr; combination of the two, and the owner Method 2 (or its allowable alternatives (F) Bias test results as specified in or operator shall maintain this in appendix A to part 60 of this chapter) section 7.6.4 in appendix A to this part; information in a format suitable for to determine volumetric flow rate, and inspection and audit purposes. This record the following data elements (as (G) Bias adjustment factor from RATA supporting information shall applicable to the measurement method Equation A–12 in appendix A to this include, but shall not be limited to, the used): part for any monitoring system that following data elements: (A) Reference method probe type; failed the bias test (except as otherwise (i) For each RATA using Reference (B) Pressure measurement device provided in section 7.6.5 of appendix A Method 2 (or its allowable alternatives) type; to this part) and 1.000 for any in appendix A to part 60 of this chapter (C) Traverse point ID; monitoring system that passed the bias to determine volumetric flow rate: (D) Probe or pitot tube calibration test. (A) Information indicating whether or coefficient; (iv) Description of any adjustment, not the location meets requirements of (E) Date of latest probe or pitot tube corrective action, or maintenance prior Method 1 in appendix A to part 60 of calibration; to a passed test or following a failed or this chapter; and (F) Velocity differential pressure at aborted test. (B) Information indicating whether or traverse point (inches of H2O); (v) F-factor value(s) used to convert not the equipment passed the required (G) TS, stack temperature at the ° NOX pollutant concentration and leak checks. traverse point ( F); diluent gas (O2 or CO2) concentration (ii) For each run of each RATA using (H) Composite (wall effects) traverse measurements into NOX emission rates Reference Method 2 (or its allowable point identifier; (in lb/mmBtu), heat input or CO2 alternatives in appendix A to part 60 of (I) Number of points included in emissions. this chapter) to determine volumetric composite traverse point; (vi) For flow monitors, the equation flow rate, record the following data (J) Yaw angle of flow at traverse point used to linearize the flow monitor and elements (as applicable to the (degrees); the numerical values of the polynomial measurement method used): (K) Pitch angle of flow at traverse coefficients or K factor(s) of that (A) Operating load level (low, mid, point (degrees); equation. high, or normal, as appropriate); (L) Calculated velocity at traverse (vii) For moisture monitoring systems, (B) Number of reference method point both accounting and not the coefficient or ‘‘K’’ factor or other traverse points; accounting for wall effects (ft/sec); and mathematical algorithm used to adjust (C) Average stack gas temperature (M) Probe identification number. the monitoring system with respect to (°F); (iv) For each RATA using Method 6C, the reference method. (D) Barometric pressure at test port 7E, or 3A in appendix A to part 60 of (6) For each SO2, NOX, or CO2 (inches of mercury); this chapter to determine SO2, NOX, pollutant concentration monitor, NOX- (E) Stack static pressure (inches of CO2, or O2 concentration: diluent continuous emission monitoring H2O); (A) Pollutant or diluent gas being system, SO2-diluent continuous (F) Absolute stack gas pressure measured; emission monitoring system, NOX (inches of mercury); (B) Span of reference method concentration monitoring system, or (G) Percent CO2 and O2 in the stack analyzer; diluent gas (O2 or CO2) monitor used to gas, dry basis; (C) Type of reference method system determine heat input, the owner or (H) CO2 and O2 reference method (e.g., extractive or dilution type); operator shall record the following used; (D) Reference method dilution factor information for the cycle time test: (I) Moisture content of stack gas (dilution type systems, only); (i) Component-system identification (percent H2O); (E) Reference gas concentrations (zero, code; (J) Molecular weight of stack gas, dry mid, and high gas levels) used for the 3- (ii) Date; basis (lb/lb-mole); point pre-test analyzer calibration error (iii) Start and end times; (K) Molecular weight of stack gas, wet test (or, for dilution type reference (iv) Upscale and downscale cycle basis (lb/lb-mole); method systems, for the 3-point pre-test times for each component; (L) Stack diameter (or equivalent system calibration error test) and for any (v) Stable start monitor value; diameter) at the test port (ft); subsequent recalibrations;

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(F) Analyzer responses to the zero-, cylinder gas vendor, cylinder number, (iii) For pollutant concentration mid-, and high-level calibration gases expiration date, pollutant(s) in the monitor or diluent monitor relative during the 3-point pre-test analyzer (or cylinder, and certified gas accuracy tests at normal operating load: system) calibration error test and during concentration(s). (A) The raw reference method data any subsequent recalibration(s); (v) For each test run of each moisture from each run, i.e., the data under (G) Analyzer calibration error at each determination using Method 4 in paragraph (a)(7)(iv)(Q) of this section gas level (zero, mid, and high) for the 3- appendix A to part 60 of this chapter (or (usually in the form of a computerized point pre-test analyzer (or system) its allowable alternatives), whether the printout, showing a series of one-minute calibration error test and for any determination is made to support a gas readings and the run average); subsequent recalibration(s) (percent of RATA, to support a flow RATA, or to (B) The raw data and results for all span value); quality assure the data from a required pre-test, post-test, pre-run and (H) Upscale gas concentration (mid or continuous moisture monitoring system, post-run quality assurance checks (i.e., high gas level) used for each pre-run or record the following data elements (as calibration gas injections) of the post-run system bias check or (for applicable to the moisture measurement reference method analyzers, i.e., the dilution type reference method systems) method used): data under paragraphs (a)(7)(iv)(E) for each pre-run or post-run system (A) Test number; through (a)(7)(iv)(N) of this section; calibration error check; (B) Run number; (C) The raw data and results for any (I) Analyzer response to the (C) The beginning date, hour, and moisture measurements made during calibration gas for each pre-run or post- minute of the run; the relative accuracy testing, i.e., the run system bias (or system calibration (D) The ending date, hour, and minute data under paragraphs (a)(7)(v)(A) error) check; of the run; through (a)(7)(v)(O) of this section; and (J) The arithmetic average of the (E) Unit operating level (low, mid, (D) Tabulated, final, corrected analyzer responses to the zero-level gas, high, or normal, as appropriate); reference method run data (i.e., the (F) Moisture measurement method; for each pair of pre- and post-run system actual values used in the relative (G) Volume of H2O collected in the accuracy calculations), along with the bias (or system calibration error) checks; impingers (ml); (K) The arithmetic average of the equations used to convert the raw data (H) Mass of H2O collected in the silica to the final values and example analyzer responses to the upscale gel (g); calibration gas, for each pair of pre- and (I) Dry gas meter calibration factor; calculations to demonstrate how the test post-run system bias (or system (J) Average dry gas meter temperature data were reduced. calibration error) checks; (°F); (iv) For relative accuracy tests for flow (L) The results of each pre-run and (K) Barometric pressure (inches of monitors: each post-run system bias (or system mercury); (A) The raw flow rate reference calibration error) check using the zero- (L) Differential pressure across the method data, from Reference Method 2 (or its allowable alternatives) under level gas (percentage of span value); orifice meter (inches of H2O); (M) The results of each pre-run and (M) Initial and final dry gas meter appendix A to part 60 of this chapter, each post-run system bias (or system readings (ft3); including auxiliary moisture data (often calibration error) check using the (N) Total sample gas volume, in the form of handwritten data sheets), upscale calibration gas (percentage of corrected to standard conditions (dscf); i.e., the data under paragraphs span value); and (a)(7)(ii)(A) through (a)(7)(ii)(T), (N) Calibration drift and zero drift of (O) Percentage of moisture in the paragraphs (a)(7)(iii)(A) through analyzer during each RATA run stack gas (percent H2O). (a)(7)(iii)(M), and, if applicable, (percentage of span value); (vi) The raw data and calculated paragraphs (a)(7)(v)(A) through (O) Moisture basis of the reference results for any stratification tests (a)(7)(v)(O) of this section; and method analysis; performed in accordance with sections (B) The tabulated, final volumetric (P) Moisture content of stack gas, in 6.5.6.1 through 6.5.6.3 of appendix A to flow rate values used in the relative percent, during each test run (if needed this part. accuracy calculations (determined from to convert to moisture basis of CEMS (8) For each certified continuous the flow rate reference method data and being tested); emission monitoring system, continuous other necessary measurements, such as (Q) Unadjusted (raw) average opacity monitoring system, or moisture, stack temperature and pollutant or diluent gas concentration alternative monitoring system, the date pressure), along with the equations used for each run; and description of each event which to convert the raw data to the final (R) Average pollutant or diluent gas requires recertification of the system values and example calculations to concentration for each run, corrected for and the date and type of each test demonstrate how the test data were calibration bias (or calibration error) performed to recertify the system in reduced. and, if applicable, corrected for accordance with § 75.20(b). (v) Calibration gas certificates for the moisture; (9) When hardcopy relative accuracy gases used in the linearity, calibration (S) The F-factor used to convert test reports, certification reports, error, and cycle time tests and for the reference method data to units of lb/ recertification reports, or semiannual or calibration gases used to quality assure mmBtu (if applicable); annual reports for gas or flow rate CEMS the gas monitor reference method data (T) Date(s) of the latest analyzer are required or requested under during the relative accuracy test audit. interference test(s); § 75.60(b)(6) or § 75.63, the reports shall (vi) Laboratory calibrations of the (U) Results of the latest analyzer include, at a minimum, the following source sampling equipment. interference test(s); elements (as applicable to the type(s) of (vii) A copy of the test protocol used (V) Date of the latest NO2 to NO test(s) performed): for the CEMS certifications or conversion test (Method 7E only); (i) Summarized test results. recertifications, including narrative that (W) Results of the latest NO2 to NO (ii) DAHS printouts of the CEMS data explains any testing abnormalities, conversion test (Method 7E only); and generated during the calibration error, problematic sampling, and analytical (X) For each calibration gas cylinder linearity, cycle time, and relative conditions that required a change to the used during each RATA, record the accuracy tests. test protocol, and/or solutions to

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The the owner or operator shall record the (v) For a single-load flow RATA discussion shall also confirm that following (as applicable): claim: sample points satisfy applicable (i) Component/system identification (A) Monitoring system identification acceptance criteria. code; code; (ix) Names of key personnel involved (ii) Parameter; (B) Ending date of last annual flow RATA; in the test program, including test team (iii) Test or activity completion date (C) The relative frequency members, plant contacts, agency and hour; (percentage) of unit or stack operation at representatives and test observers on (iv) Test or activity description; (v) Test result; each load level (low, mid, and high) site. since the previous annual flow RATA, (10) Whenever reference methods are (vi) Reason for test; and to the nearest 0.1 percent. used as backup monitoring systems (vii) Test code. (12) For each request for a quality (D) End date of the historical load pursuant to § 75.20(d)(3), the owner or data collection period; and operator shall record the following assurance test extension or exemption, for any loss of exempt status, and for (E) Indication of the load level (low, information: mid or high) claimed for the single-load (i) For each test run using Reference each single-load flow RATA claim pursuant to section 2.3.1.3(c)(3) of flow RATA. Method 2 (or its allowable alternatives (13) An indication that data have been appendix B to this part, the owner or in appendix A to part 60 of this chapter) excluded from a periodic span and to determine volumetric flow rate, operator shall record the following (as range evaluation of an SO2 or NOX applicable): record the following data elements (as monitor under section 2.1.1.5 or 2.1.2.5 applicable to the measurement method (i) For a RATA deadline extension or exemption request: of appendix A to this part and the used): reason(s) for excluding the data. For (A) Unit or stack identification (A) Monitoring system identification code; purposes of reporting under number; § 75.64(a)(2), this information shall be (B) Reference method system and (B) Date of last RATA; reported with the quarterly report as component identification numbers; (C) RATA expiration date without (C) Run date and hour; extension; descriptive text consistent with (D) The data in paragraph (a)(7)(ii) of (D) RATA expiration date with § 75.64(g). this section, except for paragraphs extension; (b) Excepted monitoring systems for (a)(7)(ii)(A), (F), (H), (L) and (Q) through (E) Type of RATA extension of gas-fired and oil-fired units. The owner (T); and exemption claimed or lost; or operator shall record the applicable (E) The data in paragraph (F) Year to date hours of usage of fuel information in this section for each (a)(7)(iii)(A), except on a run basis. other than very low sulfur fuel; excepted monitoring system following (ii) For each reference method test run (G) Year to date hours of non- the requirements of appendix D to this using Method 6C, 7E, or 3A in appendix redundant back-up CEMS usage at the part or appendix E to this part for A to part 60 of this chapter to determine unit/stack; and determining and recording emissions SO2, NOX, CO2, or O2 concentration: (H) Quarter and year. from an affected unit. (A) Unit or stack identification (ii) For a linearity test or flow-to-load (1) For certification and quality number; ratio test quarterly exemption: assurance testing of fuel flowmeters (B) The reference method system and (A) Component-system identification tested against a reference fuel flow rate component identification numbers; code; (i.e., flow rate from another fuel (C) Run number; (B) Type of test; flowmeter under section 2.1.5.2 of (D) Run start date and hour; (C) Basis for exemption; appendix D to this part or flow rate from (E) Run end date and hour; (D) Quarter and year; and a procedure according to a standard (F) The data in paragraphs (a)(7)(iv)(B) (E) Span scale. incorporated by reference under section through (I) and (L) through (O); and (G) (iii) For a quality assurance test 2.1.5.1 of appendix D to this part): Stack gas density adjustment factor (if extension claim based on a grace period: (i) Unit or common pipe header applicable). (A) Component-system identification identification code; (iii) For each hour of each reference code; (ii) Component and system method test run using Method 6C, 7E, (B) Type of test; identification codes of the fuel or 3A in appendix A to part 60 of this (C) Beginning of grace period; flowmeter being tested; chapter to determine SO2, NOX, CO2, or (D) Date and hour of completion of (iii) Date and hour of test completion, O2 concentration: required quality assurance test; for a test performed in-line at the unit; (A) Unit or stack identification (E) Number of unit or stack operating (iv) Date and hour of flowmeter number; hours from the beginning of the grace reinstallation, for laboratory tests; (B) The reference method system and period to the completion of the quality (v) Test number; component identification numbers; assurance test or the maximum (vi) Upper range value of the fuel (C) Run number; allowable grace period; and flowmeter; (D) Run date and hour; (F) Date and hour of end of grace (vii) Flowmeter measurements during (E) Pollutant or diluent gas being period. accuracy test (and mean of values), measured; (iv) For a fuel flowmeter accuracy test including units of measure; (F) Unadjusted (raw) average extension: (viii) Reference flow rates during pollutant or diluent gas concentration (A) Component-system identification accuracy test (and mean of values), for the hour; and code; including units of measure;

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(ix) Level of fuel flowrate test during (4) For fuel flowmeters that are tested (A) Unit or common pipe runs (low, mid or high); using the optional fuel flow-to-load ratio identification code; (x) Average flowmeter accuracy for procedures of section 2.1.7 of appendix (B) Monitoring system identification low and high fuel flowrates and highest D to this part: code for appendix E system; flowmeter accuracy of any level (i) Test data for the fuel flowmeter (C) Run start date and time; designated as mid, expressed as a flow-to-load ratio or gross heat rate (D) Run end date and time; percent of upper range value; check, including: (E) Total heat input during the run (xi) Indicator of whether test method (A) Component/system identification (mmBtu); was a lab comparison to reference meter code; (F) NOX emission rate (lb/mmBtu) or an in-line comparison against a (B) Calendar year and quarter; from reference method; master meter; (C) Indication of whether the test is (G) Response time of the O2 and NOX (xii) Test result (aborted, pass, or fail); for fuel flow-to-load ratio or gross heat reference method analyzers; and rate; (H) Type of fuel(s) combusted during (xiii) Description of fuel flowmeter (D) Quarterly average absolute percent the run; calibration specification or procedure difference between baseline for fuel (I) Heat input rate (mmBtu/hr) during (in the certification application, or flow-to-load ratio (or baseline gross heat the run; periodically if a different method is rate and hourly quarterly fuel flow-to- (J) Test number; used for annual quality assurance load ratios (or gross heat rate value); (K) Run number; testing). (E) Test result; (L) Operating level during the run; (2) For each transmitter or transducer (F) Number of hours used in the (M) NOX concentration recorded by accuracy test for an orifice-, nozzle-, or analysis; the reference method during the run; venturi-type flowmeter used under (G) Number of hours excluded due to (N) Diluent concentration recorded by section 2.1.6 of appendix D to this part: co-firing; the reference method during the run; (i) Component and system (H) Number of hours excluded due to and identification codes of the fuel ramping; and (O) Moisture measurement for the run (I) Number of hours excluded in lower flowmeter being tested; (if applicable). (ii) Completion date and hour of test; 25.0 percent range of operation. (ii) For each run during which oil or (iii) For each transmitter or (ii) Reference data for the fuel mixed fuels are combusted record the transducer: transmitter or transducer flowmeter flow-to-load ratio or gross following data: type (differential pressure, static heat rate evaluation, including: (A) Unit or common pipe pressure, or temperature); the full-scale (A) Completion date and hour of most identification code; value of the transmitter or transducer, recent primary element inspection; (B) Monitoring system identification transmitter input (pre-calibration) prior (B) Completion date and hour of most code for oil monitoring system; to accuracy test, including units of recent flowmeter or transmitter accuracy (C) Run start date and time; measure; and expected transmitter test; (D) Run end date and time; output during accuracy test (reference (C) Beginning date and hour of (E) Mass flow or volumetric flow of value from NIST-traceable equipment), baseline period; oil, in the units of measure for the type including units of measure; (D) Completion date and hour of (iv) For each transmitter or transducer baseline period; of fuel flowmeter; tested: output during accuracy test, (E) Average fuel flow rate, in 100 scfh (F) Gross calorific value of oil in the including units of measure; transmitter for gas and lb/hr for oil; appropriate units of measure; (G) Density of fuel oil in the or transducer accuracy as a percent of (F) Average load, in megawatts or appropriate units of measure (if density the full-scale value; and transmitter 1000 lb/hr of steam; is used to convert oil volume to mass); output level as a percent of the full-scale (G) Baseline fuel flow-to-load ratio, in (H) Hourly heat input (mmBtu) during value; the appropriate units of measure (if (v) Average flowmeter accuracy at low using fuel flow-to-load ratio); run from oil; and high fuel flowrates and highest (H) Baseline gross heat rate if using (I) Test number; flowmeter accuracy of any level gross heat rate, in the appropriate units (J) Run number; and (K) Operating level during the run. designated as mid fuel flowrate, of measure (if using gross heat rate (iii) For each run during which gas or expressed as a percent of upper range check); mixed fuels are combusted record the value; (I) Number of hours excluded from (vi) Test result (pass, fail, or aborted); baseline data due to ramping; following data: (vii) Test number; and (J) Number of hours excluded from (A) Unit or common pipe (viii) Accuracy determination baseline data in lower 25.0 percent of identification code; methodology. range of operation; (B) Monitoring system identification (3) For each visual inspection of the (K) Average hourly heat input rate; code for gas monitoring system; primary element or transmitter or and (C) Run start date and time; transducer accuracy test for an (L) Flag indicating baseline data (D) Run end date and time; orifice-, nozzle-, or venturi-type collection is in progress and that fewer (E) Volumetric flow of gas (100 scf); flowmeter under sections 2.1.6.1 than four calendar quarters have elapsed (F) Gross calorific value of gas (Btu/ through 2.1.6.4 of appendix D to this since the quarter of the last flowmeter 100 scf); part: QA test. (G) Hourly heat input (mmBtu) during (i) Date of inspection/test; (5) For gas-fired peaking units or oil- run from gas; (ii) Hour of completion of inspection/ fired peaking units using the optional (H) Test number; test; procedures of appendix E to this part, (I) Run number; and (iii) Component and system for each initial performance, periodic, or (J) Operating level during the run. identification codes of the fuel quality assurance/quality control-related (iv) For each operating level at which flowmeter being inspected/tested; and test: runs were performed: (iv) Results of inspection/test (pass or (i) For each run of emission data, (A) Completion date and time of last fail). record the following data: run for operating level;

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(B) Type of fuel(s) combusted during (xiv) The default NOX emission rate (b) * * * test; (highest NOX emission rate value during (1) Initial certifications. The (C) Average heat input rate at that the test multiplied by 1.15); designated representative shall submit operating level (mmBtu/hr); (xv) An indicator that control initial certification applications (D) Arithmetic mean of NOX emission equipment was operating or not according to § 75.63. rates from reference method run at this operating during each run of the test; (2) Recertifications. The designated level; and representative shall submit (E) F-factor used in calculations of (xvi) Parameter data indicating the recertification applications according to NOX emission rate at that operating use and efficacy of control equipment § 75.63. level; during the test. (3) Monitoring plans. The designated (F) Unit operating parametric data (2) For each unit in a group of representative shall submit monitoring related to NOX formation for that unit identical units qualifying for reduced plans according to § 75.62. type (e.g., excess O2 level, water/fuel testing under § 75.19(c)(1)(iv)(B), record (4) Electronic quarterly reports. The ratio); the following data: designated representative shall submit (G) Test number; and (i) The unique group identification electronic quarterly reports according to (H) Operating level for runs. code assigned to the group. This code § 75.64. (5) Other petitions and (c) For units with add-on SO2 or NOX must include the ORIS code of one of emission controls following the the units in the group; communications. The designated provisions of § 75.34(a)(1) or (a)(2), the (ii) The ORIS code or facility representative shall submit petitions, owner or operator shall keep the identification code for the unit; correspondence, application forms, following records on-site in the quality (iii) The plant name of the facility at designated representative signature, and assurance/quality control plan required which the unit is located, consistent petition-related test results in hardcopy by section 1 of appendix B to this part: with the facility’s monitoring plan; to the Administrator. Additional (1) A list of operating parameters for (iv) The identification code for the petition requirements are specified in the add-on emission controls, including unit, consistent with the facility’s §§ 75.66 and 75.67. (6) Semiannual or annual RATA parameters in § 75.55(b) or § 75.58(b), monitoring plan; reports. If requested by the applicable appropriate to the particular installation (v) A record of whether or not the unit EPA Regional Office, appropriate State, of add-on emission controls; and underwent fuel and unit-specific testing and/or appropriate local air pollution (2) The range of each operating for purposes of establishing a fuel and parameter in the list that indicates the control agency, the designated unit-specific NOX emission rate for representative shall submit a hardcopy add-on emission controls are properly purposes of § 75.19; RATA report within 45 days after operating. (vi) The completion date of the fuel completing a required semiannual or (d) Excepted monitoring for low mass and unit-specific test performed for annual RATA according to section 2.3.1 emissions units under § 75.19(c)(1)(iv). purposes of establishing a fuel and unit- For oil-and gas-fired units using the of appendix B to this part, or within 15 specific NOX emission rate for purposes days of receiving the request, whichever optional SO2, NOX and CO2 emissions of § 75.19; is later. The designated representative calculations for low mass emission units (vii) The fuel and unit-specific NO X shall report the hardcopy information under § 75.19, the owner or operator default rate established for the group of required by § 75.59(a)(9) to the shall record the following information identical units under § 75.19; applicable EPA Regional Office, for tests performed to determine a fuel (viii) The type of fuel combusted for appropriate State, and/or appropriate and unit-specific default as provided in the units during testing and represented § 75.19(c)(1)(iv): local air pollution control agency that by the resulting default NOX emission requested the RATA report. (1) For each run of each test rate; performed under section 2.1 of (ix) The control status for the units * * * * * appendix E to this part, record the during testing and represented by the 44. Section 75.61 is amended by following data: revising paragraphs (a) introductory resulting default NOX emission rate; (i) Unit or common pipe identification (x) Documentation supporting the text, (a)(1) introductory text, and (b), by code; qualification of all units in the group for adding a new sentence to the end of (ii) Run start date and time; reduced testing based on the criteria paragraph (a)(6)(ii), and by adding a (iii) Run end date and time; established in §§ 75.19(c)(1)(iv)(B)(1) new paragraph (a)(1)(iv) to read as (iv) NOX emission rate (lb/mmBtu) and (3); and follows: from reference method; (xi) Purpose of group tests. § 75.61 Notifications. (v) Response time of the O2 and NOX (a) Submission. The designated reference method analyzers; Subpart GÐReporting Requirements (vi) Type of fuel(s) combusted during representative for an affected unit (or the run; 43. Section 75.60 is amended by owner or operator, as specified) shall (vii) Test number; revising paragraphs (a), (b)(1), and (b)(2) submit notice to the Administrator, to (viii) Run number; and by adding new paragraphs (b)(3), the appropriate EPA Regional Office, (ix) Operating level during the run; (b)(4), (b)(5) and (b)(6) to read as and to the applicable State and local air (x) NOX concentration recorded by the follows: pollution control agencies for the reference method during the run; following purposes, as required by this (xi) Diluent concentration recorded by § 75.60 General provisions. part. the reference method during the run; (a) The designated representative for (1) Initial certification and (xii) Moisture measurement for the any affected unit subject to the recertification test notifications. The run (if applicable); requirements of this part shall comply owner or operator or designated (xiii) An indicator that the resulting with all reporting requirements in this representative for an affected unit shall NOX emission rate is the highest NOX section and with the signatory submit written notification of initial emission rate record during any run of requirements of § 72.21 of this chapter certification tests, recertification tests, the test (if appropriate); for all submissions. and revised test dates as specified in

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§ 75.20 for continuous emission Office and the appropriate State and/or (B) To the applicable EPA Regional monitoring systems, for alternative local air pollution control agency prior Office and appropriate State and/or monitoring systems under subpart E of to initial certification. Thereafter, the local air pollution control agency, the this part, or for excepted monitoring designated representative shall submit hardcopy information required by systems under appendix E to this part, hardcopy information only if that paragraphs (b)(2)(i), (iii), and (iv). except as provided in paragraphs portion of the monitoring plan is (2) Recertifications. (i) Within 45 days (a)(1)(iii), (a)(1)(iv) and (a)(4) of this revised. The designated representative after completing all recertification tests, section and except for testing only of the shall submit the required hardcopy submit to the Administrator the data acquisition and handling system. information as follows: no later than 45 electronic information required by * * * * * days prior to the initial certification test; paragraph (b)(1) and a hardcopy (iv) Waiver from notification with any recertification application, if a certification application form (EPA form requirements. The Administrator, the hardcopy monitoring plan change is 7610–14). Except for subpart E appropriate EPA Regional Office, or the associated with the recertification event; applications for alternative monitoring applicable State or local air pollution and within 30 days of any other event systems or unless specifically requested control agency may issue a waiver from with which a hardcopy monitoring plan by the Administrator, do not submit a the notification requirement of change is associated, pursuant to hardcopy of the test data and results to paragraph (a)(1) of this section, for a § 75.53(b). Electronic submittal of all the Administrator. (ii) Within 45 days after completing unit or a group of units, for one or more monitoring plan information, including all recertification tests, submit the recertification tests. The Administrator, hardcopy portions, is permissible hardcopy information required by the appropriate EPA Regional Office, or provided that a paper copy of the paragraph (b)(2) to the applicable EPA the applicable State or local air hardcopy portions can be furnished Regional Office and the appropriate pollution control agency may also upon request. State and/or local air pollution control discontinue the waiver and reinstate the * * * * * agency. The applicable EPA Regional notification requirement of paragraph (c) Format. The designated Office or appropriate State or local air (a)(1) of this section for future representative shall submit each pollution control agency may waive the recertification tests of a unit or a group monitoring plan in a format specified by requirement for submission to it of a of units. the Administrator. hardcopy recertification. The applicable * * * * * 46. Section 75.63 is revised to read as EPA Regional Office or the appropriate (6) * * * follows: State or local air pollution control (ii) * * * The reporting requirements agency may also discontinue the waiver of this paragraph (a)(6)(ii) also shall § 75.63 Initial certification or recertification application submittals. and reinstate the requirement of this apply if the designated representative of (a) Submission. The designated paragraph to provide a hardcopy report a unit is exempt from certifying a fuel of the recertification test data and flowmeter for use during the representative for an affected unit or a combustion source shall submit results. combustion of emergency fuel under (iii) Notwithstanding the applications and reports as follows: section 2.1.4.3 of appendix D to this requirements of paragraphs (a)(2)(i) and part. (1) Initial certifications. (i) Within 45 (a)(2)(ii) of this section, for an event for (b) The owner or operator or days after completing all initial which the Administrator determines designated representative shall submit certification tests, submit to the that only diagnostic tests (see § 75.20(b)) notification of certification tests and Administrator the electronic are required, no hardcopy submittal is recertification tests for continuous information required by paragraph (b)(1) required; however, the results of all opacity monitoring systems as specified of this section and a hardcopy diagnostic test(s) shall be submitted in in § 75.20(c)(8) to the State or local air certification application form (EPA form the electronic quarterly report required pollution control agency. 7610–14). Except for subpart E under § 75.64. For DAHS (missing data * * * * * applications for alternative monitoring and formula) verifications, neither a 45. Section 75.62 is amended by systems or unless specifically requested hardcopy nor an electronic submittal of revising the title of the section and by the Administrator, do not submit a any kind is required; the owner or revising paragraphs (a) and (c) to read as hardcopy of the test data and results to operator shall keep these test results on- follows: the Administrator. site in a format suitable for inspection. (ii) Within 45 days after completing (b) Contents. Each application for § 75.62 Monitoring plan submittals. all initial certification tests, submit the initial certification or recertification (a) Submission.—(1) Electronic. Using hardcopy information required by shall contain the following information, the format specified in paragraph (c) of paragraph (b)(2) to the applicable EPA as applicable: this section, the designated Regional Office and the appropriate (1) Electronic. (i) A complete, up-to- representative for an affected unit shall State and/or local air pollution control date version of the electronic portion of submit a complete, electronic, up-to- agency. the monitoring plan, according to date monitoring plan file (except for (iii) For units for which the owner or §§ 75.53(c) and (d), or §§ 75.53(e) and hardcopy portions identified in operator is applying for certification (f), as applicable, in the format specified paragraph (a)(2) of this section) to the approval of the optional excepted in § 75.62(c). Administrator as follows: no later than methodology under § 75.19 for low mass (ii) The results of the test(s) required 45 days prior to the initial certification emissions units, submit: by § 75.20, including the type of test test; at the time of recertification (A) To the Administrator, the conducted, testing date, information application submission; and in each electronic information required by required by § 75.56 or § 75.59, as electronic quarterly report. paragraph (b)(1)(i), the hardcopy applicable, and the results of any failed (2) Hardcopy. The designated information required by paragraph tests that affect data validation. representative shall submit all of the (b)(2), and a hardcopy certification (2) Hardcopy. (i) Any changed hardcopy information required under application form (EPA form 7610–14); portions of the hardcopy monitoring § 75.53 to the appropriate EPA Regional and plan information required under

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§§ 75.53(c) and (d), or §§ 75.53(e) and (a)(2) through (a)(11) of this section, and problems with the reference method or (f), as applicable. Electronic submittal of shall also include for each affected unit operational problems with the unit and all monitoring plan information, (or group of units using a common data and results of linearity checks that including the hardcopy portions, is stack): are aborted or invalidated due to permissible, provided that a paper copy (1) Facility information: problems unrelated to monitor can be furnished upon request. (i) Identification, including: performance; and (ii) The results of the test(s) required (A) Facility/ORISPL number; (xiv) Supplementary RATA by § 75.20, including the type of test (B) Calendar quarter and year for the information required under conducted, testing date, information data contained in the report; and § 75.59(a)(7)(i) through § 75.59(a)(7)(v), required by § 75.59(a)(9), and the results (C) Version of the electronic data except that: the data under of any failed tests that affect data reporting format used for the report. § 75.59(a)(7)(ii)(A) through (T) and the validation. (ii) Location, including: data under § 75.59(a)(7)(iii)(A) through (iii) Certification or recertification (A) Plant name and facility ID; (M) shall, as applicable, be reported for (B) EPA AIRS facility system ID; application form (EPA form 7610–14). flow RATAs in which angular (C) State facility ID; (iv) Designated representative compensation (measurement of pitch signature. (D) Source category/type; (E) Primary SIC code; and/or yaw angles) is used and for flow (c) Format. The electronic portion of RATAs in which a site-specific wall each certification or recertification (F) State postal abbreviation; (G) County code; and effects adjustment factor is determined application shall be submitted in a (H) Latitude and longitude. by direct measurement; and the data format to be specified by the (2) The information and hourly data under § 75.59(a)(7)(ii)(T) shall be Administrator. The hardcopy test results required in §§ 75.53 through 75.59, reported for all flow RATAs in which a shall be submitted in a format suitable excluding the following: default wall effects adjustment factor is for review and shall include the (i) Descriptions of adjustments, applied. information in § 75.59(a)(9). corrective action, and maintenance; (3) Tons (rounded to the nearest 47. Section 75.64 is revised to read as (ii) Information which is incompatible tenth) of SO2 emitted during the quarter follows: with electronic reporting (e.g., field data and cumulative SO2 emissions for the § 75.64 Quarterly reports. sheets, lab analyses, quality control calendar year. (a) Electronic submission. The plan); (4) Average NOX emission rate (lb/ (iii) Opacity data listed in § 75.54(f) or designated representative for an affected mmBtu, rounded to the nearest § 75.57(f), and in § 75.59(a)(8); unit shall electronically report the data hundredth prior to April 1, 2000 and to (iv) For units with SO2 or NOX add- and information in paragraphs (a), (b), the nearest thousandth on and after on emission controls that do not elect to and (c) of this section to the April 1, 2000) during the quarter and use the approved site-specific Administrator quarterly, beginning with cumulative NOX emission rate for the parametric monitoring procedures for the data from the later of: the last calendar year. calculation of substitute data, the (5) Tons of CO2 emitted during (partial) calendar quarter of 1993 (where information in § 75.55(b)(3) or quarter and cumulative CO2 emissions the calendar quarter data begins at § 75.58(b)(3); for calendar year. November 15, 1993); or the calendar (v) The information recorded under (6) Total heat input (mmBtu) for quarter corresponding to the date of § 75.56(a)(7) for the period prior to April quarter and cumulative heat input for provisional certification; or the calendar 1, 2000; calendar year. quarter corresponding to the relevant (vi) Information required by § 75.54(g) (7) Unit or stack or common pipe deadline for initial certification in or § 75.57(h) concerning the causes of header operating hours for quarter and § 75.4(a), (b), or (c), whichever quarter is any missing data periods and the cumulative unit or stack or common earlier. The initial quarterly report shall actions taken to cure such causes; pipe header operating hours for contain hourly data beginning with the (vii) Hardcopy monitoring plan calendar year. hour of provisional certification or the information required by § 75.53 and (8) If the affected unit is using a hour corresponding to the relevant hardcopy test data and results required qualifying Phase I technology, then the certification deadline, whichever is by § 75.56 or § 75.59; quarterly report shall include the earlier. For an affected unit subject to (viii) Records of flow monitor and information required in paragraph (e) of § 75.4(d) that is shutdown on the moisture monitoring system polynomial this section. relevant compliance date in § 75.4(a), equations, coefficients or ‘‘K’’ factors (9) For low mass emissions units for the owner or operator shall submit required by § 75.56(a)(5)(vii), which the owner or operator is using the quarterly reports for the unit beginning § 75.56(a)(5)(ix), § 75.59(a)(5)(vi) or optional low mass emissions with the data from the quarter in which § 75.59(a)(5)(vii); methodology in § 75.19(c) to calculate the unit recommences commercial (ix) Daily fuel sampling information NOX mass emissions, the designated operation (where the initial quarterly required by § 75.58(c)(3)(i) for units representative must also report tons report contains hourly data beginning using assumed values under appendix (rounded to the nearest tenth) of NOX with the first hour of recommenced D; emitted during the quarter and commercial operation of the unit). For (x) Information required by cumulative NOX mass emissions for the any provisionally-certified monitoring §§ 75.59(b)(1)(vi), (vii), (viii), (ix), and calendar year. system, § 75.20(a)(3) shall apply for (xiii), and (b)(2)(iii) and (iv) concerning (10) For low mass emissions units initial certifications, and § 75.20(b)(5) fuel flowmeter accuracy tests and using the optional long term fuel flow shall apply for recertifications. Each transmitter/transducer accuracy tests; methodology under § 75.19(c), for each electronic report must be submitted to (xi) Stratification test results required quarter report the long term fuel flow for the Administrator within 30 days as part of the RATA supplementary each fuel according to § 75.59. following the end of each calendar records under §§ 75.56(a)(7) or (11) For units using the optional fuel quarter. Each electronic report shall 75.59(a)(7); flow to load procedure in section 2.1.7 include the date of report generation for (xii) Data and results of RATAs that of appendix D to this part, report both the information provided in paragraphs are aborted or invalidated due to the fuel flow-to-load baseline data and

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The to the Administrator pursuant to either be submitted in hardcopy to the designated representative for an affected § 75.53, represent current operating Agency or be provided in electronic unit may submit a petition to the conditions. format compatible with the other data Administrator to use an alternative to (c) Compliance certification. The required to be reported under this the procedures in § 75.4(d)(3), (e)(3), designated representative shall submit a section. (f)(3) or (g)(3) to account for emissions certification in support of each quarterly 48. Section 75.65 is revised to read as during the period between the emissions monitoring report based on follows: compliance date for a unit and the reasonable inquiry of those persons with completion of certification testing for primary responsibility for ensuring that § 75.65 Opacity reports. that unit. The designated representative all of the unit’s emissions are correctly The owner or operator or designated shall include: and fully monitored. The certification representative shall report excess (1) Identification of the affected shall indicate whether the monitoring emissions of opacity recorded under unit(s); data submitted were recorded in § 75.54(f) or § 75.57(f), as applicable, to (2) A detailed explanation of the accordance with the applicable the applicable State or local air alternative method to account for requirements of this part including the pollution control agency. emissions of the following parameters, quality control and quality assurance 49. Section 75.66 is amended by as applicable: SO2 mass emissions (in procedures and specifications of this revising paragraph (a) and the first lbs), NOX emission rate (in lbs/mmBtu), part and its appendices, and any such sentence of paragraph (e) introductory CO2 mass emissions (in lbs) and, if the requirements, procedures and text; by redesignating paragraph (i) as unit is subject to the requirements of specifications of an applicable excepted paragraph (l) and revising it; and by subpart H of this part, NOX mass or approved alternative monitoring adding paragraphs (i) through (k) to read emissions (in lbs); and method. For a unit with add-on as follows: (3) A demonstration that the proposed emission controls, the designated alternative does not underestimate representative shall also include a § 75.66 Petitions to the Administrator. emissions. certification, for all hours where data (a) General. The designated (k) Petition for an alternative to the are substituted following the provisions representative for an affected unit stabilization criteria for the cycle time of § 75.34(a)(1), that the add-on subject to the requirements of this part test in section 6.4 of appendix A to this emission controls were operating within may submit a petition to the part. The designated representative for the range of parameters listed in the Administrator requesting that the an affected unit may submit a petition monitoring plan and that the substitute Administrator exercise his or her to the Administrator to use an values recorded during the quarter do discretion to approve an alternative to alternative stabilization criteria for the not systematically underestimate SO2 or any requirement prescribed in this part cycle time test in section 6.4 of NOX emissions, pursuant to § 75.34. or incorporated by reference in this part. appendix A to this part, if the installed (d) Electronic format. Each quarterly Any such petition shall be submitted in monitoring system does not record data report shall be submitted in a format to accordance with the requirements of in 1-minute or 3-minute intervals. The be specified by the Administrator, this section. The designated designated representative shall provide including both electronic submission of representative shall comply with the a description of the alternative criteria. data and electronic or hardcopy signatory requirements of § 72.21 of this (l) Any other petitions to the submission of compliance certifications. chapter for each submission. Administrator under this part. Except (e) Phase I qualifying technology * * * * * for petitions addressed in paragraphs (b) reports. In addition to reporting the through (k) of this section, any petition information in paragraphs (a), (b), and (e) Parametric monitoring procedure petitions. The designated representative submitted under this paragraph shall (c) of this section, the designated include sufficient information for the representative for an affected unit on for an affected unit may submit a petition to the Administrator, where evaluation of the petition, including, at which SO2 emission controls have been each petition shall contain the a minimum, the following information: installed and operated for the purpose (1) Identification of the affected plant information specified in § 75.55(b) or of meeting qualifying Phase I technology and unit(s); § 75.58(b), as applicable, for the use of requirements pursuant to § 72.42 of this (2) A detailed explanation of why the a parametric monitoring method. * ** chapter shall also submit reports proposed alternative is being suggested documenting the measured percent SO2 * * * * * in lieu of the requirement; emissions removal to the Administrator (i) Emergency fuel petition. The (3) A description and diagram of any on a quarterly basis, beginning the first designated representative for an affected equipment and procedures used in the quarter of 1997 and continuing through unit may submit a petition to the proposed alternative, if applicable; the fourth quarter of 1999. Each report Administrator to use the emergency fuel (4) A demonstration that the proposed shall include all measurements and provisions in section 2.1.4 of appendix alternative is consistent with the calculations necessary to substantiate E to this part. The designated purposes of the requirement for which that the qualifying technology achieves representative shall include the the alternative is proposed and is the required percent reduction in SO2 following information in the petition: consistent with the purposes of this part emissions. (1) Identification of the affected plant and of section 412 of the Act and that (f) Method of submission. Beginning and unit(s); any adverse effect of approving such with the quarterly report for the first (2) A procedure for determining the alternative will be de minimis; and quarter of the year 2001, all quarterly NOX emission rate for the unit when the (5) Any other relevant information reports shall be submitted to EPA by emergency fuel is combusted; and that the Administrator may require.

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Subpart HÐNOX Mass Emissions (g) * * * annual capacity factor of 10.0 percent Provisions (6) For any unit using continuous averaged over three years, or the emissions monitors, the procedures in operation of a unit that reports 50. Section 75.70 is amended by § 75.20(b)(3). emissions on an ozone season basis revising paragraphs (e), (f) introductory * * * * * under § 75.74(b) of this part exceeds a text and (f)(1)(iv), and by adding new 51. Section 75.71 is amended by capacity factor of 20.0 percent in any paragraph (g)(6) to read as follows: revising paragraphs (b) and (d)(2) to ozone season or exceeds an ozone

§ 75.70 NOX mass emissions provisions. read as follows: season capacity factor of 10.0 percent * * * * * averaged over three years, the owner or § 75.71 Specific provisions for monitoring operator shall meet the requirements of (e) Quality assurance and quality NO emission rate and heat input for the X paragraph (c) of this section or, if control requirements. For units that use purpose of calculating NOX mass continuous emission monitoring emissions. applicable, paragraph (e) of this section by no later than December 31 of the systems to account for NOX mass * * * * * following calendar year. emissions, the owner or operator shall (b) Moisture correction. (1) If a meet the applicable quality assurance correction for the stack gas moisture * * * * * and quality control requirements in content is needed to properly calculate 52. Text is added to reserved section 75.73 to read as follows: § 75.21, appendix B to this part, and the NOX emission rate in lb/mmBtu (i.e., § 75.74(c) for the NOX-diluent if the NOX pollutant concentration § 75.73 Recordkeeping and reporting. continuous emission monitoring monitor in a NOX-diluent monitoring (a) General recordkeeping provisions. systems, flow monitoring systems, NOX system measures on a different moisture The owner or operator of any affected concentration monitoring systems, and basis from the diluent monitor), the unit shall maintain for each affected diluent monitors required under § 75.71. owner or operator of an affected unit unit and each non-affected unit under A NOX concentration monitoring system shall account for the moisture content of § 75.72(b)(2)(ii) a file of all for determining NOX mass emissions in the flue gas on a continuous basis in measurements, data, reports, and other accordance with § 75.71 shall meet the accordance with § 75.12(b). information required by this part at the same certification testing requirements, (2) If a correction for the stack gas source in a form suitable for inspection quality assurance requirements, and moisture content is needed to properly for at least three (3) years from the date bias test requirements as are specified in calculate NOX mass emissions in tons, of each record. Except for the this part for an SO2 pollutant in the case where a NOX concentration certification data required in concentration monitor, except as monitoring system which measures on a § 75.57(a)(4) and the initial submission otherwise provided in § 75.74(c). Units dry basis is used with a flow rate of the monitoring plan required in using excepted methods under § 75.19 monitor to determine NOX mass § 75.57(a)(5), the data shall be collected shall meet the applicable quality emissions, the owner or operator of an beginning with the earlier of the date of assurance requirements of that section, affected unit shall account for the provisional certification or the deadline and, except as otherwise provided in moisture content of the flue gas on a in § 75.70. The certification data § 75.74(c), units using excepted continuous basis in accordance with required in § 75.57(a)(4) shall be monitoring methods under appendices § 75.11(b) except that the term ‘‘SO2’’ collected beginning with the date of the D and E to this part shall meet the shall be replaced by the term ‘‘NOX.’’ first certification test performed. The (3) If a correction for the stack gas applicable quality assurance file shall contain the following moisture content is needed to properly requirements of those appendices. information: (f) Missing data procedures. Except as calculate NOX mass emissions, in the (1) The information required in provided in § 75.34, paragraph (g) of this case where a diluent monitor that §§ 75.57(a)(2), (a)(4), (a)(5), (a)(6), (b), section, and § 75.74, the owner or measures on a dry basis is used with a (c)(2), (d), (g), and (h). operator shall provide substitute data flow rate monitor to determine heat (2) The information required in from monitoring systems required under input, which is then multiplied by the §§ 75.58(b)(2) or (b)(3) (for units with § 75.71 for each affected unit as follows: NOX emission rate, the owner or add-on NOX emission controls), as (1) * * * operator shall install, operate, maintain applicable, (d) (as applicable for units (iv) A valid, quality-assured hour of and quality assure a continuous using Appendix E to this part), and (f) NOX concentration data (in ppm) has moisture monitoring system, as (as applicable for units using the low not been measured and recorded by a described in § 75.11(b). mass emissions unit provisions of certified NOX concentration monitoring * * * * * § 75.19). system, or by an approved alternative (d) * * * (3) For each hour when the unit is monitoring method under subpart E of (2) Use the procedures in appendix D operating, NOX mass emissions, this part, where the owner or operator to this part for determining hourly heat calculated in accordance with section chooses to use a NOX concentration input and the procedure specified in 8.1 of appendix F to this part. monitoring system with a volumetric appendix E to this part for estimating (4) During the second and third flow monitor, and without a diluent hourly NOX emission rate. However, the calendar quarters, cumulative ozone monitor to calculate NOX mass heat input apportionment provisions in season heat input and cumulative ozone emissions. The initial missing data section 2.1.2 of appendix D to this part season operating hours. procedures for determining monitor shall not be used to meet the NOX mass (5) Heat input and NOX data availability and the standard reporting provisions of this subpart. In methodologies for the hour. missing data procedures for a NOX addition, if after certification of an (6) Specific heat input record concentration monitoring system shall excepted monitoring system under provisions for gas-fired or oil-fired units be the same as the procedures specified appendix E to this part, the operation of using the procedures in appendix D to for a NOX-diluent continuous emission a unit that reports emissions on an this part. In lieu of the information monitoring system under §§ 75.31, 75.32 annual basis under § 75.74(a) of this part required in § 75.57(c)(2), the owner or and 75.33. exceeds a capacity factor of 20.0 percent operator shall record the following * * * * * in any calendar year or exceeds an information in this paragraph for each

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Except as provided in procedures in appendix D to this part up to the nearest fraction of an hour, in paragraph (d) or (f) of this section, a for estimating heat input: equal increments that can range from monitoring plan shall contain sufficient (i) For each hour when the unit is one hundredth to one quarter of an information on the continuous emission combusting oil: hour, at the option of the owner or monitoring systems, excepted (A) Date and hour; operator) (flag to indicate multiple/ methodology under § 75.19, or excepted (B) Hourly average mass flow rate of single fuel types combusted); and monitoring systems under appendix D oil, while the unit combusts oil (in lb/ (F) Monitoring system identification or E to this part and the use of data hr, rounded to the nearest tenth) (flag code. derived from these systems to value if derived from missing data (iv) For each oil sample or sample of demonstrate that all the unit’s NOX procedures); diesel fuel: emissions are monitored and reported. (C) Method of oil sampling (flow (A) Date of sampling; (2) Whenever the owner or operator proportional, continuous drip, as (B) Gross calorific value (in Btu/lb) makes a replacement, modification, or delivered, manual from storage tank, or (flag value if derived from missing data change in the certified continuous daily manual); procedures); and emission monitoring system, excepted (D) For units using volumetric (C) Density or specific gravity, if methodology under § 75.19, excepted flowmeters, volumetric flow rate of oil required to convert volume to mass (flag monitoring system under appendix D or combusted each hour (in gal/hr, lb/hr, value if derived from missing data E to this part, or alternative monitoring 3 m /hr, or bbl/hr, rounded to the nearest procedures). system under subpart E of this part, tenth) (flag value if derived from (v) For each sample of gaseous fuel: including a change in the automated missing data procedures); (A) Date of sampling; and data acquisition and handling system or (E) For units using volumetric oil (B) Gross calorific value (in Btu/100 in the flue gas handling system, that flowmeters, density of oil (flag value if scf) (flag value if derived from missing affects information reported in the derived from missing data procedures); data procedures). monitoring plan (e.g., a change to a (vi) For each oil sample or sample of (F) Gross calorific value of oil used to serial number for a component of a gaseous fuel: determine heat input (in Btu/lb); monitoring system), then the owner or (G) Hourly heat input rate during (A) Type of oil or gas; and (B) Percent carbon or F-factor of fuel. operator shall update the monitoring combustion of oil, according to plan. procedures in appendix F to this part (in (7) Specific NOX record provisions for (3) Contents of the monitoring plan mmBtu/hr, to the nearest tenth); gas-fired or oil-fired units using the for units not subject to an Acid Rain (H) Fuel usage time for combustion of optional low mass emissions excepted emissions limitation. Each monitoring oil during the hour (rounded up to the methodology in § 75.19. In lieu of plan shall contain the information in nearest fraction of an hour, in equal recording the information in §§ 75.57(b), § 75.53(e)(1) in electronic format and the increments that can range from one (c)(2), (d), and (g), the owner or operator information in § 75.53(e)(2) in hardcopy hundredth to one quarter of an hour, at shall record, for each hour when the format. In addition, to the extent the option of the owner or operator) unit is operating for any portion of the applicable, each monitoring plan shall (flag to indicate multiple/single fuel hour, the following information for each contain the information in types combusted); and affected low mass emissions unit for (I) Monitoring system identification which the owner or operator is using the §§ 75.53(f)(1)(i), (f)(2)(i), (f)(4), and code. low mass emissions excepted (f)(5)(i) for units using the low mass (ii) For gas-fired units or oil-fired methodology in § 75.19(c): emitter methodology in electronic units, using the procedures in appendix (i) Date and hour; format and the information in D to this part with an assumed density (ii) If one type of fuel is combusted in §§ 75.53(f)(1)(ii), (f)(2)(ii), and (f)(5)(ii) or for as-delivered fuel sampled from the hour, fuel type (pipeline natural gas, in hardcopy format. The monitoring each delivery: natural gas, residual oil, or diesel fuel) plan also shall identify, in electronic (A) Measured gross calorific value or, if more than one type of fuel is format, the reporting schedule for the and, if measuring with volumetric oil combusted in the hour, the fuel type affected unit (ozone season or flowmeters, density from each fuel which results in the highest emission quarterly), the beginning and end dates for the reporting schedule, and whether sample; and factors for NOX; (B) Assumed gross calorific value and, (iii) Average hourly NOX emission year-round reporting for the unit is if measuring with volumetric oil rate (in lb/mmBtu, rounded to the required by a state or local agency. flowmeters, density used to calculate nearest thousandth); and (d) General reporting provisions. (1) heat input rate. (iv) Hourly NOX mass emissions (in The designated representative for an (iii) For each hour when the unit is lbs, rounded to the nearest tenth). affected unit shall comply with all combusting gaseous fuel: (b) Certification, quality assurance reporting requirements in this section (A) Date and hour; and quality control record provisions. and with any additional requirements (B) Hourly heat input rate from The owner or operator of any affected set forth in an applicable State or federal gaseous fuel, according to procedures in unit shall record the applicable NOX mass emission reduction program appendix F to this part (in mmBtu/hr, information in § 75.59 for each affected that adopts the requirements of this rounded to the nearest tenth); unit or group of units monitored at a subpart. (C) Hourly flow rate of gaseous fuel, common stack and each non-affected (2) The designated representative for while the unit combusts gas (in 100 unit under § 75.72(b)(2)(ii). an affected unit shall submit the scfh) (flag value if derived from missing (c) Monitoring plan recordkeeping following for each affected unit or group data procedures); provisions—(1) General provisions. The of units monitored at a common stack (D) Gross calorific value of gaseous owner or operator of an affected unit and each non-affected unit under fuel used to determine heat input rate shall prepare and maintain a monitoring § 75.72(b)(2)(ii):

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(i) Initial certification and hardcopy information only if that hardcopy test data and results required recertification applications in portion of the monitoring plan is by § 75.59; accordance with § 75.70(d); revised. The designated representative (F) Records of flow polynomial (ii) Monitoring plans in accordance shall submit the required hardcopy equations and numerical values with paragraph (e) of this section; and information as follows: no later than 45 required by § 75.59(a)(5)(vi); (iii) Quarterly reports in accordance days prior to the initial certification test; (G) Daily fuel sampling information with paragraph (f) of this section. with any recertification application, if a required by § 75.58(c)(3)(i) for units (3) Other petitions and hardcopy monitoring plan change is using assumed values under appendix communications. The designated associated with the recertification event; D; representative for an affected unit shall and within 30 days of any other event (H) Information required by submit petitions, correspondence, with which a hardcopy monitoring plan § 75.59(b)(2) concerning transmitter or application forms, and petition-related change is associated, pursuant to transducer accuracy tests; test results in accordance with the § 75.53(b). (I) Stratification test results required provisions in § 75.70(h). (f) Quarterly reports.—(1) Electronic as part of the RATA supplementary (4) Quality assurance RATA reports. If submission. The designated records under § 75.59(a)(7); requested by the permitting authority, representative for an affected unit shall (J) Data and results of RATAs that are the designated representative of an electronically report the data and aborted or invalidated due to problems affected unit shall submit the quality information in this paragraph (f)(1) and with the reference method or assurance RATA report for each affected in paragraphs (f)(2) and (3) of this operational problems with the unit and unit or group of units monitored at a section to the Administrator quarterly. data and results of linearity checks that common stack and each non-affected Each electronic report must be are aborted or invalidated due to unit under § 75.72(b)(2)(ii) by the later submitted to the Administrator within operational problems with the unit; and of 45 days after completing a quality 30 days following the end of each (K) Supplementary RATA information assurance RATA according to section calendar quarter. Each electronic report required under § 75.59(a)(7)(i) through 2.3 of appendix B to this part or 15 days shall include the date of report § 75.59(a)(7)(v), except that: the data of receiving the request. The designated generation, for the information provided under § 75.59(a)(7)(ii)(A) through (T) representative shall report the hardcopy in paragraphs (f)(1)(ii) through (1)(vi) of and the data under § 75.59(a)(7)(iii)(A) information required by § 75.59(a)(9) to this section, and shall also include for through (M) shall, as applicable, be the permitting authority. each affected unit or group of units reported for flow RATAs in which (5) Notifications. The designated monitored at a common stack: angular compensation (measurement of representative for an affected unit shall (i) Facility information: pitch and/or yaw angles) is used and for submit written notice to the permitting (A) Identification, including: flow RATAs in which a site-specific authority according to the provisions in (1) Facility/ORISPL number; wall effects adjustment factor is § 75.61 for each affected unit or group (2) Calendar quarter and year data determined by direct measurement; and of units monitored at a common stack contained in the report; and the data under § 75.59(a)(7)(ii)(T) shall and each non-affected unit under (3) Electronic data reporting format be reported for all flow RATAs in which § 75.72(b)(2)(ii). version used for the report. a default wall effects adjustment factor (e) Monitoring plan reporting.—(1) (B) Location of facility, including: is applied. Electronic submission. The designated (1) Plant name and facility (iii) Average NOX emission rate (lb/ representative for an affected unit shall identification code; mmBtu, rounded to the nearest submit a complete, electronic, up-to- (2) EPA AIRS facility system thousandth) during the quarter and date monitoring plan file (except for identification code; cumulative NOX emission rate for the hardcopy portions identified in (3) State facility identification code; calendar year. paragraph (e)(2) of this section) for each (4) Source category/type; (iv) Tons of NOX emitted during affected unit or group of units (5) Primary SIC code; quarter, cumulative tons of NOX emitted monitored at a common stack and each (6) State postal abbreviation; during the year, and, during the second non-affected unit under § 75.72(b)(2)(ii) (7) FIPS county code; and and third calendar quarters, cumulative as follows: (8) Latitude and longitude. tons of NOX emitted during the ozone (i) To the permitting authority, no (ii) The information and hourly data season. later than 45 days prior to the initial required in paragraph (a) of this section, (v) During the second and third certification test and at the time of except for: calendar quarters, cumulative heat input recertification application submission; (A) Descriptions of adjustments, for the ozone season. and corrective action, and maintenance; (vi) Unit or stack or common pipe (ii) To the Administrator, no later (B) Information which is incompatible header operating hours for quarter, than 45 days prior to the initial with electronic reporting (e.g., field data cumulative unit, stack or common pipe certification test, at the time of sheets, lab analyses, quality control header operating hours for calendar submission of a recertification plan); year, and, during the second and third application, and in each electronic (C) For units with NOX add-on calendar quarters, cumulative operating quarterly report. emission controls that do not elect to hours during the ozone season. (2) Hardcopy submission. The use the approved site-specific (2) The designated representative designated representative of an affected parametric monitoring procedures for shall certify that the component and unit shall submit all of the hardcopy calculation of substitute data, the system identification codes and information required under § 75.53, for information in § 75.58(b)(3); formulas in the quarterly electronic each affected unit or group of units (D) Information required by § 75.57(h) reports submitted to the Administrator monitored at a common stack and each concerning the causes of any missing pursuant to paragraph (e) of this section non-affected unit under § 75.72(b)(2)(ii), data periods and the actions taken to represent current operating conditions. to the permitting authority prior to cure such causes; (3) Compliance certification. The initial certification. Thereafter, the (E) Hardcopy monitoring plan designated representative shall submit designated representative shall submit information required by § 75.53 and and sign a compliance certification in

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The certification shall state year through April 30 of the current season and continuing until the that: calendar year), the owner or operator successful completion of a linearity (i) The monitoring data submitted shall, at a minimum, perform the check. were recorded in accordance with the following diagnostic testing and quality (2) If a monitor does not qualify for an applicable requirements of this part, assurance assessments, and shall exception under paragraph (c)(2)(i)(D)(1) including the quality assurance maintain the following records, to and if a required linearity check has not procedures and specifications; and ensure that the hourly emission data been completed prior to the start of the (ii) With regard to a unit with add-on recorded at the beginning of the current current ozone season, follow the emission controls and for all hours ozone season are suitable for reporting applicable procedures in paragraph where data are substituted in as quality-assured data: (c)(3)(vi) of this section. accordance with § 75.34(a)(1), the add- (i) For each required gas monitor (i.e., (ii) For each required CEMS (i.e., for on emission controls were operating for each NOX pollutant concentration each NOX concentration monitoring within the range of parameters listed in monitor and each diluent gas (CO2 or system, each NOX-diluent monitoring the monitoring plan and the substitute O2) monitor, including CO2 and O2 system, each flow rate monitoring values do not systematically monitors used exclusively for heat input system, each moisture monitoring underestimate NOX emissions. determination and O2 monitors used for system and each diluent gas CEMS used (4) The designated representative moisture determination), a linearity exclusively for heat input shall comply with all of the quarterly check shall be performed and passed. determination), a relative accuracy test reporting requirements in §§ 75.64(d), (A) Conduct each linearity check in audit (RATA) shall be performed and (f), and (g). accordance with the general procedures passed. 53. Section 75.74 is amended by: in section 6.2 of appendix A to this part, (A) Conduct each RATA in a. Revising paragraphs (b)(2), (c)(1) except that the data validation accordance with the applicable and (c)(2); procedures in sections 6.2(a) through (f) procedures in sections 6.5 through b. Redesignating paragraphs (c)(3), of appendix A do not apply. 6.5.10 of appendix A to this part, except (c)(4), (c)(5), (c)(6), (c)(7), (c)(8), (c)(9) (B) Each linearity check shall be done that the data validation procedures in and (c)(10), as paragraphs (c)(4), (c)(5), ‘‘hands-off,’’ as described in section sections 6.5(f)(1) through (f)(6) do not (c)(6), (c)(7), (c)(8), (c)(9), (c)(10) and 2.2.3(c) of appendix B to this part. apply, and, for flow rate monitoring (c)(11), respectively; (C) In the time period extending from systems, the required RATA load c. Adding a new paragraph (c)(3); and the date and hour in which the linearity level(s) shall be as specified in this d. Revising newly redesignated check is passed through April 30 of the paragraph. paragraphs (c)(4), (c)(5), (c)(6) and (c)(7), current calendar year, the owner or (B) Each RATA shall be done ‘‘hands- to read as follows: operator shall operate and maintain the off,’’ as described in section 2.3.2 (c) of § 75.74 Annual and ozone season CEMS and shall perform daily appendix B to this part. The provisions monitoring and reporting requirements. calibration error tests of the CEMS in in section 2.3.1.4 of appendix B to this * * * * * accordance with section 2.1 of appendix part, pertaining to the number of (b) * * * B to this part. When a calibration error allowable RATA attempts, shall apply. (2) Meet the requirements of this test is failed, as described in section (C) For flow rate monitoring systems subpart during the ozone season, except 2.1.4 of appendix B to this part, installed on peaking units or bypass as specified in paragraph (c) of this corrective actions shall be taken. The stacks, a single-load RATA is required. section. additional calibration error test For all other flow rate monitoring (c) * * * provisions of section 2.1.3 of appendix systems, a 2-load RATA is required at (1) The owner or operator of a unit B to this part shall be followed. Records the two most frequently-used load levels that uses continuous emissions of the required daily calibration error (as defined under section 6.5.2.1 of monitoring systems or a fuel flowmeter tests shall be kept in a format suitable appendix A to this part), with the to meet any of the requirements of this for inspection on a year-round basis. following exceptions. A 3-load flow subpart shall quality assure the hourly (D) Exceptions. (1) If the monitor RATA is required at least once in every ozone season emission data required by passed a linearity check on or after period of five consecutive calendar this subpart. To achieve this, the owner January 1 of the previous year and the years. A 3-load RATA is also required or operator shall operate, maintain and unit or stack on which the monitor is if the flow monitor polynomial calibrate each required CEMS and shall located operated for less than 336 hours coefficients or K factor(s) are changed perform diagnostic testing and quality in the previous ozone season, the owner prior to conducting the flow RATA assurance testing of each required CEMS or operator may have a grace period of required under this paragraph. or fuel flowmeter according to the up to 168 hours to perform a linearity (D) A bias test of each required NOX applicable provisions of paragraphs check. In addition, if the unit or stack concentration monitoring system, each (c)(2) through (c)(5) of this section. operates for 168 hours or less in the NOX-diluent monitoring system and Except where otherwise noted, the current ozone season the owner or each flow rate monitoring system shall provisions of paragraphs (c)(2) and (c)(3) operator is exempt from the linearity be performed in accordance with of this section apply instead of the check requirement for that ozone season section 7.6 of appendix A to this part. quality assurance provisions in sections and the owner or operator may submit If the bias test is failed, a bias 2.1 through 2.3 of appendix B to this quality assured data from that monitor adjustment factor (BAF) shall be part, and shall be used in lieu of those as long as all other required quality calculated for the monitoring system, as appendix B provisions. assurance tests are passed. If the unit or described in section 7.6.5 of appendix A (2) Quality assurance requirements stack operates for more than 168 hours to this part and shall be applied to the prior to the ozone season. The in the current ozone season, the owner subsequent data recorded by the CEMS.

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(E) In the time period extending from (H) Exceptions. (1) If the monitoring linearity checks shall be done in the hour of completion of the required system passed a RATA on or after accordance with sections 2.2.3(a) RATA through April 30 of the current January 1 of the previous year and the through (e) of appendix B to this part. calendar year, the owner or operator unit or stack on which the monitor is The grace period provision in section shall operate and maintain the CEMS by located operated for less than 336 hours 2.2.4 of appendix B to this part does not performing, at a minimum, the in the previous ozone season, the owner apply to these linearity checks. If the following activities: or operator may have a grace period of required linearity check has not been (1) The owner or operator shall up to 720 hours to perform a RATA. If completed by the end of the calendar perform daily calibration error tests and the unit or stack operates for 720 hours quarter, unless the conditional data (if applicable) daily flow monitor or less in the current ozone season, the validation provisions of § 75.20(b)(3) are interference checks, according to section owner or operator of the unit is exempt applied, data from the CEMS are 2.1 of appendix B to this part. When a from the requirement to perform a considered to be invalid, beginning with daily calibration error test or RATA for that ozone season and the the first unit or stack operating hour interference check is failed, as described owner or operator may submit quality after the end of the quarter and shall in section 2.1.4 of appendix B to this assured data from that monitor as long remain invalid until a linearity check of part, corrective actions shall be taken. as all other required quality assurance the CEMS is performed and passed. The additional calibration error test tests are passed. If the unit or stack (iii) For each flow monitoring system provisions in section 2.1.3 of appendix operates for more than 720 hours in the required by this subpart, flow-to-load B to this part shall be followed. Records current ozone season, the owner or ratio tests are required in the second of the required daily calibration error operator of the unit or stack shall report and third calendar quarters, in tests and interference checks shall be substitute data using the missing data accordance with section 2.2.5 of kept in a format suitable for inspection procedures under paragraph (c)(7) of appendix B to this part. If the flow-to- on a year-round basis. this section, starting with the 721st unit load ratio test for the second calendar (2) If the owner or operator makes a operating hour and continuing until the quarter is failed, the owner or operator replacement, modification, or change in successful completion of the RATA. shall declare the flow monitor out-of- a certified monitoring system that (2) If a monitor does not qualify for a control as of the first unit or stack significantly affects the ability of the grace period under paragraph operating hour following the second system to accurately measure or record (c)(2)(ii)(H)(1) of this section and if a calendar quarter and shall either NOX mass emissions or heat input or to required RATA has not been completed implement Option 1 in section 2.2.5.1 of meet the requirements of § 75.21 or prior to the start of the current ozone appendix B to this part or Option 2 in appendix B to this part, the owner or season, follow the applicable section 2.2.5.2 of appendix B to this operator shall recertify the monitoring procedures in paragraph (c)(3)(vi) of this part. If the flow-to-load ratio test for the system according to § 75.20(b). section. (F) If the results of a RATA performed (3) Quality assurance requirements third calendar quarter is failed, data according to the provisions of this within the ozone season. The provisions from the flow monitor shall be paragraph indicate that the CEMS of this paragraph apply to each ozone considered invalid at the beginning of qualifies for an annual RATA frequency season. The owner or operator shall, at the next ozone season unless, prior to (see Figure 2 in appendix B to this part), a minimum, perform the following May 1 of the next calendar year, the the RATA may be used to quality assure quality assurance testing during the owner or operator has either data for the entire current ozone season. ozone season, i.e. in the time period successfully implemented Option 1 in (G) If the results of a RATA performed extending from May 1 through section 2.2.5.1 of appendix B to this part according to the provisions of this September 30 of each calendar year: or Option 2 in section 2.2.5.2 of paragraph indicate that the CEMS (i) Daily calibration error tests and (if appendix B to this part, or unless a flow qualifies for a semiannual RATA applicable) interference checks of each RATA has been performed and passed frequency rather than an annual CEMS required by this subpart shall be in accordance with paragraph (c)(2)(ii) frequency, provided that the RATA was performed in accordance with sections of this section. completed on or after January 1 of the 2.1.1 and 2.1.2 of appendix B to this (iv) For each differential pressure-type current calendar year, the RATA may be part. The applicable provisions in flow monitor used to meet the used to quality assure data for the entire sections 2.1.3, 2.1.4 and 2.1.5 of requirements of this subpart, quarterly current ozone season. However, if the appendix B to this part, pertaining, leak checks are required in the second RATA was performed in the fourth respectively, to additional calibration and third calendar quarters, in calendar quarter of the previous year, error tests and calibration adjustments, accordance with section 2.2.2 of the RATA may only be used to quality data validation, and quality assurance of appendix B to this part. For the second assure data for a part of the current data with respect to daily assessments, calendar quarter of the year, only unit ozone season, from May 1 through June shall also apply. or stack operating hours in the months 30. An additional RATA is then (ii) For each gas monitor required by of May and June shall be included when required by June 30 of the current this subpart, linearity checks shall be determining whether the second calendar year to quality assure the performed in the second and third calendar quarter is a QA operating remainder of the data (from June 30 calendar quarters, in accordance with quarter (as defined in § 72.2 of this through September 30) for the current section 2.2.1 of appendix B to this part chapter). Data validation for quarterly ozone season. If such an additional (see also paragraph (c)(3)(vii) of this flow monitor leak checks shall be done RATA is required but is not completed section). For the second calendar in accordance with section 2.2.3(g) of by June 30 of the current calendar year, quarter of the year, only unit or stack appendix B to this part. If the leak check data from the CEMS shall be considered operating hours in the months of May for the third calendar quarter is failed invalid as of the first unit or stack and June shall be included when and a subsequent leak check is not operating hour subsequent to June 30 of determining whether the second passed by the end of the ozone season, the current calendar year and shall calendar quarter is a ‘‘QA operating then data from the flow monitor shall be remain invalid until the required RATA quarter’’ (as defined in § 72.2 of this considered invalid at the beginning of is performed and passed. chapter). Data validation for these the next ozone season unless a leak

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In the resubmitted report, the for the next fuel flowmeter accuracy next calendar year; and owner or operator shall use the test. If a fuel flow-to-load ratio test is (C) For a gas monitoring system, the appropriate missing data routine in failed, follow the applicable procedures linearity check requirement of § 75.31 or § 75.33 to replace with and data validation provisions in paragraph (c)(2)(i) of this section is met substitute data each hour of section 2.1.7.4 of appendix D to this prior to May 1 of the next calendar year. conditionally valid data that was part. If the fuel flow-to-load ratio test for (D) If conditions in paragraphs invalidated by the failed quality the third calendar quarter is failed, data (c)(3)(vii)(A), (B) and, if applicable, assurance, diagnostic or recertification from the fuel flowmeter shall be (c)(3)(vii)(C) of this section are met, then test. Alternatively, if any required considered invalid at the beginning of a RATA completed and passed in the quality assurance, diagnostic or the next ozone season unless the second or third calendar quarter of the recertification test is not completed by requirements of section 2.1.7.4 of current year may be used to quality the end of the second calendar quarter appendix D to this part have been fully assure data for the next ozone season, as but is completed no later than 30 days met prior to May 1 of the next calendar follows: after the end of that quarter (i.e., prior year. (1) If the RATA is completed and to the deadline for submitting the passed in the second calendar quarter of (vi) If, at the start of the current ozone quarterly report under § 75.73), the test the current year, the RATA may be used season (i.e., as of May 1 of the current data and results may be submitted with to quality assure data from the CEMS calendar year), the linearity check or the second quarter report even though through June 30 of the next calendar RATA required under paragraph (c)(2)(i) the test date(s) are from the third year. calendar quarter. In such instances, if or (c)(2)(ii) of this section has not been (2) If the RATA is completed and performed for a particular monitor or the quality assurance, diagnostic or passed in the third calendar quarter of recertification test(s) are passed in monitoring system, and if, during the the current year, the RATA may be used previous ozone season, the unit or stack accordance with the provisions of to quality assure data from the CEMS § 75.20(b)(3), conditionally valid data on which the monitoring system is through September 30 of the next installed operated for 336 hours or more may be reported as quality-assured, in calendar year. lieu of reporting a conditional data flag. the owner or operator shall invalidate (viii) If a linearity check performed to all data from the CEMS until either: If the tests are failed and if conditionally meet the requirement of paragraph valid data are replaced, as appropriate, (A) The required linearity check or (c)(2)(i) of this section is completed and with substitute data, then neither the RATA of the CEMS has been performed passed in the second calendar quarter of reporting of a conditional data flag nor and passed; or the current year, provided that the date resubmission is required. (B) A ‘‘probationary calibration error and hour of completion of the test is (xii) If, at the end of the third quarter test’’ of the CEMS is passed in within the first 168 unit or stack of any calendar year, a required quality accordance with § 75.20(b)(3). Note that operating hours of the current ozone assurance, diagnostic or recertification a calibration error test passed on April season, the linearity check may be used test of a monitoring system has not been 30 may be used as the probationary to satisfy both the requirement of completed, and if data contained in the calibration error test, to ensure that paragraph (c)(2)(i) of this section and to quarterly report are conditionally valid emission data recorded by the CEMS at meet the second quarter linearity check pending the results of test(s) to be the beginning of the ozone season will requirement of paragraph (c)(3)(ii) of completed, the owner or operator shall have a conditionally valid status. Once this section. do one of the following: the probationary calibration error test (ix) If, for any required CEMS, (A) If the results of the required tests has been passed, the owner or operator diagnostic linearity checks or RATAs are not available within 30 days of the shall perform the required linearity other than those required by this section end of the third calendar quarter and check or RATA in accordance with the are performed during the ozone season, cannot be submitted with the quarterly conditional data validation provisions use the applicable data validation report for the third calendar quarter, and within the associated timelines in procedures in section 2.2.3 (for linearity then the test results are considered to be § 75.20(b)(3), with the term ‘‘diagnostic’’ checks) or 2.3.2 (for RATAs) of missing and the owner or operator shall applying instead of the term appendix B to this part. use the appropriate missing data routine ‘‘recertification’’. However, in lieu of the (x) If any required CEMS is recertified in § 75.31 or § 75.33 to replace with provisions in § 75.20(b)(3)(ix), the within the ozone season, use the data substitute data each hour of owner or operator shall follow the validation provisions in § 75.20(b)(3) conditionally valid data in the third applicable provisions in paragraphs and paragraphs (c)(3)(xi) and (c)(3)(xii) quarter report. In addition, if the data in (c)(3)(xi) and (c)(3)(xii) of this section. of this section. the second quarterly report were flagged (vii) A RATA which is performed and (xi) If, at the end of the second quarter as conditionally valid at the end of the passed during the second or third of any calendar year, a required quality quarter, pending the results of the same quarter of the current calendar year may assurance, diagnostic or recertification missing tests, the owner or operator be used to quality assure data in the test of a monitoring system has not been shall resubmit the report for the second next ozone season, provided that: completed, and if data contained in the quarter and shall use the appropriate (A) The results of the RATA indicate quarterly report are conditionally valid missing data routine in § 75.31 or that the CEMS qualifies for an annual pending the results of test(s) to be § 75.33 to replace with substitute data

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28630 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations each hour of conditionally valid data that all shipments received during the (7) The owner or operator shall use associated with the missing quality calendar year are sampled. only quality-assured data from within assurance, diagnostic or recertification (iii) The owner or operator of a unit ozone seasons in the substitute data tests; or that performs sampling on each day the procedures under subpart D of this part (B) If the required quality assurance, unit combusts fuel or that performs fuel and section 2.4.2 of appendix D to this diagnostic or recertification tests are sampling continuously must sample the part. completed no later than 30 days after fuel starting on the first day the unit (i) The lookback periods (e.g., 2160 the end of the third calendar quarter, the operates during the ozone season. The quality-assured monitor operating hours test data and results may be submitted owner or operator then shall use that for a NOX-diluent continuous emission with the third quarter report even sampled value for all hours of monitoring system, a NOX concentration though the test date(s) are from the combustion during the first day of unit monitoring system, or a flow monitoring fourth calendar quarter. In this instance, operation, continuing until the date and system) used to calculate missing data if the required tests are passed in hour of the next sample. must include only quality-assured data accordance with the provisions of (6) The owner or operator shall, in from periods within ozone seasons. § 75.20(b)(3), all conditionally valid data accordance with § 75.73, record and (ii) The missing data procedures of associated with the tests shall be report the hourly data required by this §§ 75.31 through 75.33 shall be used, reported as quality assured. If the tests subpart and shall record and report the with two exceptions. First, when the results of all required quality assurance are failed, the owner or operator shall NOX emission rate or NOX use the appropriate missing data routine tests, as follows: concentration of the unit was in § 75.31 or § 75.33 to replace with (i) All hourly emission data for the consistently lower in the previous ozone substitute data each hour of period of time from May 1 through season because the unit combusted a September 30 of each calendar year conditionally valid data associated with fuel that produces less NOX than the the failed test(s). In addition, if the data shall be recorded and reported. For fuel currently being combusted; and in the second quarterly report were missing data purposes, only the data second, when the unit’s add-on recorded in the time period from May 1 flagged as conditionally valid at the end emission controls are not working through September 30 shall be of the quarter, pending the results of the properly, as shown by the parametric considered quality-assured; same failed test(s), the owner or data recorded under paragraph (c)(8) of operator shall resubmit the report for (ii) The results of all daily calibration error tests and flow monitor interference this section. In those two cases, the the second quarter and shall use the owner or operator shall substitute the appropriate missing data routine in checks performed in the time period from May 1 through September 30 shall maximum potential NOX emission rate, § 75.31 or § 75.33 to replace with as defined in § 72.2 of this chapter, from substitute data each hour of be recorded and reported; (iii) For the time periods described in a NOX-diluent continuous emission conditionally valid data associated with monitoring system, or the maximum the failed test(s). paragraphs (c)(2)(i)(C) and (c)(2)(ii)(E) of potential concentration of NOX, as (4) The owner or operator of a unit this section, hourly emission data and defined in section 2.1.2.1 of appendix A using the procedures in appendix D of the results of all daily calibration error to this part, from a NOX concentration this part to determine heat input is tests and flow monitor interference monitoring system. The maximum required to maintain fuel flowmeters checks shall be recorded. The results of potential value used shall be for the fuel only during the ozone season, except all daily calibration error tests and flow currently being combusted. The length that for purposes of determining the monitor interference checks performed of time for which the owner or operator deadline for the next periodic quality in the time period from April 1 through shall substitute these maximum assurance test on the fuel flowmeter, the April 30 shall be reported. The owner or owner or operator shall include all fuel operator may also report the hourly potential values for each hour of flowmeter QA operating quarters (as emission data and unit operating data missing NOX operator shall substitute defined in § 72.2) for the entire calendar recorded in the time period from April these maximum potential value for each year, not just fuel flowmeter QA 1 through April 30. However, only the hour of missing NOX data, shall be as operating quarters in the ozone season. emission data recorded in the time follows: For each calendar year, the owner or period from May 1 through September (A) For a unit that changed fuels, substitute the maximum potential operator shall record, for each fuel 30 shall be used for NOX mass flowmeter, the number of fuel flowmeter compliance determination; values until the first hour when the unit QA operating quarters. (iv) The results of all required quality combusts a fuel that produces the same (5) The owner or operator of a unit assurance tests (RATAs, linearity or less NOX than the fuel combusted in using the procedures in appendix D of checks, flow-to-load ratio tests and leak the previous ozone season; and this part to determine heat input is only checks) performed during the ozone (B) For a unit with add-on emission required to sample fuel for the purposes season shall be reported in the controls that are not working properly, of determining density and GCV during appropriate ozone season quarterly substitute the maximum potential the ozone season, except that: report; and values until the first hour in which the (i) The owner or operator of a unit (v) The results of RATAs (and any add-on emission controls are that performs sampling from the fuel other quality assurance test(s) required documented to be operating properly, storage tank upon delivery must sample under paragraph (c)(2) or (c)(3) of this according to paragraph (c)(8) of this the tank between the date and hour of section) which affect data validation for section. the most recent delivery before the first the current ozone season, but which * * * * * date and hour that the unit operates in were performed outside the ozone 54. Appendix A to part 75 is amended the ozone season and the first date and season (i.e., between October 1 of the by— hour that the unit operates in the ozone previous calendar year and April 30 of a. Revising sections 2 through 2.1.1.4; season. the current calendar year), shall be b. Adding section 2.1.1.5; (ii) The owner or operator of a unit reported in the quarterly report for the c. Revising sections 2.1.2 through that performs sampling upon delivery second quarter of the current calendar 2.1.2.4; from the delivery vehicle must ensure year. d. Adding section 2.1.2.5;

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e. Revising section 2.1.3; potential and expected concentrations can be chosen, the MPC shall be the maximum SO2 f. Adding sections 2.1.3.1 through accurately measured and recorded. Note that concentration observed during the previous 2.1.3.3; if a unit exclusively combusts fuels that are 720 (or more) quality assured monitor g. Revising section 2.1.4; very low sulfur fuels (as defined in § 72.2 of operating hours when combusting the h. Adding sections 2.1.4.1 through this chapter), the SO2 monitor span highest-sulfur fuel (or highest-sulfur blend if requirements in § 75.11(e)(3)(iv) apply in lieu fuels are always blended or co-fired) that is 2.1.6; of the requirements of this section. i. Removing and reserving section 2.2 to be combusted in the unit or units and removing sections 2.2.1 through 2.1.1.1 Maximum Potential Concentration monitored by the SO2 monitor. For units with 2.2.2.2 to read as follows: (a) Make an initial determination of the SO2 emission controls, the certified SO2 maximum potential concentration (MPC) of monitor used to determine the MPC must be Appendix A to Part 75—Specifications and SO2 by using Equation A–1a or A–1b. Base located at or before the control device inlet. Test Procedures the MPC calculation on the maximum Report the MPC and the method of * * * * * percent sulfur and the minimum gross determination in the monitoring plan calorific value (GCV) for the highest-sulfur required under § 75.53. 2. Equipment Specifications fuel to be burned. The maximum sulfur (c) When performing fuel sampling to 2.1 Instrument Span and Range content and minimum GCV shall be determine the MPC, use ASTM Methods: In implementing sections 2.1.1 through determined from all available fuel sampling ASTM D3177–89, ‘‘Standard Test Methods and analysis data for that fuel from the 2.1.6 of this appendix, set the measurement for Total Sulfur in the Analysis Sample of previous 12 months (minimum), excluding range for each parameter (SO2, NOX, CO2, O2, clearly anomalous fuel sampling values. If Coal and Coke’’; ASTM D4239–85, ‘‘Standard or flow rate) high enough to prevent full- Test Methods for Sulfur in the Analysis scale exceedances from occurring, yet low the designated representative certifies that the highest-sulfur fuel is never burned alone Sample of Coal and Coke Using High enough to ensure good measurement Temperature Tube Furnace Combustion accuracy and to maintain a high signal-to- in the unit during normal operation but is Methods’’; ASTM D4294–90, ‘‘Standard Test noise ratio. To meet these objectives, select always blended or co-fired with other fuel(s), Method for Sulfur in Petroleum Products by the range such that the readings obtained the MPC may be calculated using a best during typical unit operation are kept, to the estimate of the highest sulfur content and Energy-Dispersive X-Ray Fluorescence extent practicable, between 20.0 and 80.0 lowest gross calorific value expected for the Spectroscopy’’; ASTM D1552–90, ‘‘Standard percent of full-scale range of the instrument. blend or fuel mixture and inserting these Test Method for Sulfur in Petroleum values into Equation A–1a or A–1b. Derive These guidelines do not apply to: (1) SO2 Products (High Temperature Method)’’; readings obtained during the combustion of the best estimate of the highest percent sulfur ASTM D129–91, ‘‘Standard Test Method for very low sulfur fuel (as defined in § 72.2 of and lowest GCV for a blend or fuel mixture Sulfur in Petroleum Products (General Bomb from weighted-average values based upon the this chapter); (2) SO2 or NOX readings Method)’’; ASTM D2622–92, ‘‘Standard Test recorded on the high measurement range, for historical composition of the blend or Method for Sulfur in Petroleum Products by mixture in the previous 12 (or more) months. units with SO2 or NOX emission controls and X-Ray Spectrometry’’ for sulfur content of If insufficient representative fuel sampling two span values; or (3) SO2 or NOX readings solid or liquid fuels; ASTM D3176–89, data are available to determine the maximum less than 20.0 percent of full-scale on the low ‘‘Standard Practice for Ultimate Analysis of measurement range for a dual span unit with sulfur content and minimum GCV, use values from contract(s) for the fuel(s) that will be Coal and Coke’’; ASTM D240–87 SO2 or NOX emission controls, provided that combusted by the unit in the MPC (Reapproved 1991), ‘‘Standard Test Method the readings occur during periods of high for Heat of Combustion of Liquid control device efficiency. calculation. (b) Alternatively, if a certified SO2 CEMS Hydrocarbon Fuels by Bomb Calorimeter’’; or 2.1.1 SO2 Pollutant Concentration Monitors is already installed, the owner or operator ASTM D2015–91, ‘‘Standard Test Method for Determine, as indicated in this section 2, may make the initial MPC determination Gross Calorific Value of Coal and Coke by the the span value(s) and range(s) for an SO2 based upon quality assured historical data Adiabatic Bomb Calorimeter’’ for GCV pollutant concentration monitor so that all recorded by the CEMS. If this option is (incorporated by reference under § 75.6).

 %S   20.% 9 − O  MPC (or MEC) = 11.32 ×106 2w ()Eq. A-1 a  GCV  20. 9  or

 %S   %CO  MPC (or MEC) = 66.93 ×106 2w ()Eq. A -1 b  GCV  100 

Where, %CO2w = Maximum carbon dioxide sulfur and low-sulfur fuel blends are MPC = Maximum potential concentration concentration, percent wet basis, under combusted as primary or backup fuels in a (ppm, wet basis). (To convert to dry typical operating conditions. unit without SO2 emission controls. For units × 6 basis, divide the MPC by 0.9.) 11.32 10 = Oxygen-based conversion factor with SO2 emission controls, use Equation A– 2 to make the initial MEC determination. MEC = Maximum expected concentration in Btu/lb (ppm)/%. × 6 When high-sulfur and low-sulfur fuels or (ppm, wet basis). (To convert to dry 66.93 10 = Carbon dioxide-based blends are burned as primary or backup fuels basis, divide the MEC by 0.9). conversion factor in Btu/lb (ppm)/%. in a unit without SO2 controls, use Equation %S = Maximum sulfur content of fuel to be Note: All percent values to be inserted in the equations of this section are to be A–1a or A–1b to calculate the initial MEC fired, wet basis, weight percent, as value for each fuel or blend, except for: (1) determined by ASTM D3177–89, ASTM expressed as a percentage, not a fractional value (e.g., 3, not .03). the highest-sulfur fuel or blend (for which D4239–85, ASTM D4294–90, ASTM the MPC was previously calculated in section D1552–90, ASTM D129–91, or ASTM 2.1.1.2 Maximum Expected Concentration 2.1.1.1 of this appendix); (2) fuels or blends D2622–92 for solid or liquid fuels (a) Make an initial determination of the that are very low sulfur fuels (as defined in (incorporated by reference under § 75.6). maximum expected concentration (MEC) of § 72.2 of this chapter); or (3) fuels or blends %O2w = Minimum oxygen concentration, SO2 whenever: (a) SO2 emission controls are that are used only for unit startup. percent wet basis, under typical used; or (b) both high-sulfur and low-sulfur (b) For each MEC determination, substitute operating conditions. fuels (e.g., high-sulfur coal and low-sulfur into Equation A–1a or A–1b the highest coal or different grades of fuel oil) or high- sulfur content and minimum GCV value for

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For most units, the high span value based (c) Alternatively, if a certified SO2 CEMS Other component and system designations on the MPC, as determined under section is already installed, the owner or operator are subject to approval by the Administrator. 2.1.1.3 of this appendix will suffice to may make the initial MEC determination(s) Note that the component and system measure and record SO2 concentrations based upon historical monitoring data. If this designations for redundant backup (unless span and/or range adjustments option is chosen for a unit with SO2 emission monitoring systems shall be the same as for become necessary in accordance with section controls, the MEC shall be the maximum SO2 primary monitoring systems. 2.1.1.5 of this appendix). In some instances, concentration measured downstream of the (e) Each monitoring system designated as however, a second (low) span value based on control device outlet by the CEMS over the primary or redundant backup shall meet the the MEC may be required to ensure accurate previous 720 (or more) quality assured initial certification and quality assurance measurement of all possible or expected SO2 monitor operating hours with the unit and requirements for primary monitoring systems concentrations. To determine whether two the control device both operating normally. in § 75.20(c) or § 75.20(d)(1), as applicable, SO2 span values are required, proceed as and appendices A and B to this part, with For units that burn high- and low-sulfur fuels follows: or blends as primary and backup fuels and one exception: relative accuracy test audits (a) For units with SO2 emission controls, (RATAs) are required only on the normal have no SO2 emission controls, the MEC for compare the MEC from section 2.1.1.2 of this each fuel shall be the maximum SO2 range (for units with SO2 emission controls, appendix to the high full-scale range value the low range is considered normal). Each concentration measured by the CEMS over from section 2.1.1.3 of this appendix. If the the previous 720 (or more) quality assured ≥ monitoring system designated as a non- MEC is 20.0 percent of the high range value, redundant backup shall meet the applicable monitor operating hours in which that fuel or then the high span value and range blend was the only fuel being burned in the quality assurance requirements in determined under section 2.1.1.3 of this § 75.20(d)(2). unit. appendix are sufficient. If the MEC is <20.0 (f) For dual span units with SO2 emission percent of the high range value, then a 100 − RE controls, the owner or operator may, as an MEC= MPC ()Eq. A-2 second (low) span value is required. alternative to maintaining and quality  100  (b) For units that combust high- and low- assuring a high monitor range, use a default sulfur primary and backup fuels (or blends) Where: high range value. If this option is chosen, the and have no SO2 controls, compare the high owner or operator shall report a default SO2 MEC = Maximum expected concentration range value from section 2.1.1.3 of this concentration of 200 percent of the MPC for (ppm). appendix (for the highest-sulfur fuel or each unit operating hour in which the full- MPC = Maximum potential concentration blend) to the MEC value for each of the other scale of the low range SO2 analyzer is (ppm), as determined by Eq. A–1a or A– fuels or blends, as determined under section exceeded. 1b. 2.1.1.2 of this appendix. If all of the MEC ≥ (g) The high span value and range shall be RE = Expected average design removal values are 20.0 percent of the high range determined in accordance with section efficiency of control equipment (%). value, the high span and range determined 2.1.1.3 of this appendix. The low span value 2.1.1.3 Span Value(s) and Range(s) under section 2.1.1.3 of this appendix are shall be obtained by multiplying the MEC by sufficient, regardless of which fuel or blend Determine the high span value and the a factor no less than 1.00 and no greater than is burned in the unit. If any MEC value is 1.25, and rounding the result upward to the high full-scale range of the SO2 monitor as <20.0 percent of the high range value, then follows. (Note: For purposes of this part, the next highest multiple of 10 ppm (or 100 ppm, a second (low) span value must be used as appropriate). For units that burn high- and high span and range refer, respectively, either when that fuel or blend is combusted. to the span and range of a single span unit low-sulfur primary and backup fuels or (c) When two SO2 spans are required, the blends and have no SO2 emission controls, or to the high span and range of a dual span owner or operator may either use a single unit.) The high span value shall be obtained select, as the basis for calculating the SO2 analyzer with a dual range (i.e., low- and by multiplying the MPC by a factor no less appropriate low span value and range, the high-scales) or two separate SO2 analyzers fuel-specific MEC value closest to 20.0 than 1.00 and no greater than 1.25. Round the connected to a common sample probe and span value upward to the next highest percent of the high full-scale range value sample interface. For units with SO2 (from paragraph (b) of this section). The low multiple of 100 ppm. If the SO2 span emission controls, the owner or operator may ≤ range must be greater than or equal to the low concentration is 500 ppm, the span value use a low range analyzer and a default high may be rounded upward to the next highest span value, and the required calibration gases range value, as described in paragraph (f) of must be selected based on the low span multiple of 10 ppm, instead of the nearest this section, in lieu of maintaining and value. For units with two SO2 spans, use the 100 ppm. The high span value shall be used quality assuring a high-scale range. Other to determine concentrations of the calibration low range whenever the SO2 concentrations monitor configurations are subject to the are expected to be consistently below 20.0 gases required for daily calibration error approval of the Administrator. percent of the high full-scale range value, i.e., checks and linearity tests. Select the full- (d) The owner or operator shall designate when the MEC of the fuel or blend being scale range of the instrument to be consistent the monitoring systems and components in combusted is less than 20.0 percent of the with section 2.1 of this appendix and to be the monitoring plan under § 75.53 as follows: high full-scale range value. When the full- greater than or equal to the span value. designate the low and high monitor ranges as scale of the low range is exceeded, the high Report the full-scale range setting and separate SO2 components of a single, primary range shall be used to measure and record the calculations of the MPC and span in the SO2 monitoring system; or designate the low SO2 concentrations; or, if applicable, the monitoring plan for the unit. Note that for and high monitor ranges as the SO2 default high range value in paragraph (f) of certain applications, a second (low) SO2 span components of two separate, primary SO2 this section shall be reported for each hour and range may be required (see section monitoring systems; or designate the normal of the full-scale exceedance. 2.1.1.4 of this appendix). If an existing state, monitor range as a primary monitoring local, or federal requirement for span of an system and the other monitor range as a non- 2.1.1.5 Adjustment of Span and Range SO2 pollutant concentration monitor requires redundant backup monitoring system; or, For each affected unit or common stack, a span lower than that required by this when a single, dual-range SO2 analyzer is the owner or operator shall make a periodic section or by section 2.1.1.4 of this appendix, used, designate the low and high ranges as evaluation of the MPC, MEC, span, and range the state, local, or federal span value may be a single SO2 component of a primary SO2 values for each SO2 monitor (at a minimum, used if a satisfactory explanation is included monitoring system (if this option is selected, an annual evaluation is required) and shall in the monitoring plan, unless span and/or use a special dual-range component type make any necessary span and range range adjustments become necessary in code, as specified by the Administrator, to adjustments, with corresponding monitoring accordance with section 2.1.1.5 of this satisfy the requirements of plan updates, as described in paragraphs (a) appendix. Span values higher than those § 75.53(e)(1)(iv)(D)); or, for units with SO2 and (b) of this section. Span and range

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In implementing the provisions in assured data (unless the reason that the high- owner or operator shall also calculate the paragraphs (a) and (b) of this section, SO2 scale range is not able to provide quality maximum potential NOX emission rate data recorded during short-term, non- assured data is because the high-scale range (MER), in lb/mmBtu, by substituting the MPC representative process operating conditions has been exceeded; if the high-scale range is for NOX in conjunction with the minimum (e.g., a trial burn of a different type of fuel) exceeded follow the procedures in paragraph expected CO2 or maximum O2 concentration (b)(1) of this section). shall be excluded from consideration. The (under all unit operating conditions except owner or operator shall keep the results of (c) Whenever changes are made to the for unit startup, shutdown, and upsets) and the most recent span and range evaluation MPC, MEC, full-scale range, or span value of the appropriate F-factor into the applicable on-site, in a format suitable for inspection. the SO2 monitor, as described in paragraphs equation in appendix F to this part. The Make each required span or range adjustment (a) or (b) of this section, record and report (as diluent cap value of 5.0 percent CO2 (or 14.0 no later than 45 days after the end of the applicable) the new full-scale range setting, quarter in which the need to adjust the span the new MPC or MEC and calculations of the percent O2) for boilers or 1.0 percent CO2 (or or range is identified, except that up to 90 adjusted span value in an updated 19.0 percent O2) for combustion turbines may days after the end of that quarter may be monitoring plan. The monitoring plan update be used in the NOX MER calculation. taken to implement a span adjustment if the shall be made in the quarter in which the (c) Report the method of determining the calibration gases currently being used for changes become effective. In addition, record initial MPC and the calculation of the daily calibration error tests and linearity and report the adjusted span as part of the maximum potential NOX emission rate in the checks are unsuitable for use with the new records for the daily calibration error test and monitoring plan for the unit. span value. linearity check specified by appendix B to (d) For units with add-on NOX controls (a) If the fuel supply, the composition of this part. Whenever the span value is (whether or not the unit is equipped with adjusted, use calibration gas concentrations the fuel blend(s), the emission controls, or low-NOX burner technology), NOX emission the manner of operation change such that the that meet the requirements of section 5.1 of testing may only be used to determine the maximum expected or potential this appendix, based on the adjusted span MPC if testing can be performed either concentration changes significantly, adjust value. When a span adjustment is so upstream of the add-on controls or during a significant that the calibration gases currently the span and range setting to assure the time or season when the add-on controls are being used for daily calibration error tests continued accuracy of the monitoring system. not in operation. If NOX emission testing is and linearity checks are unsuitable for use A ‘‘significant’’ change in the MPC or MEC with the new span value, then a diagnostic performed, use the following guidelines. Use means that the guidelines in section 2.1 of linearity test using the new calibration gases Method 7E from appendix A to part 60 of this this appendix can no longer be met, as must be performed and passed. Data from the chapter to measure total NOX concentration. determined by either a periodic evaluation by monitor are considered invalid from the hour (Note: Method 20 from appendix A to part 60 the owner or operator or from the results of in which the span is adjusted until the may be used for gas turbines, instead of an audit by the Administrator. The owner or required linearity check is passed in Method 7E.) Operate the unit, or group of operator should evaluate whether any accordance with section 6.2 of this appendix. units sharing a common stack, at the planned changes in operation of the unit may minimum safe and stable load, the normal affect the concentration of emissions being 2.1.2 NOX Pollutant Concentration Monitors load, and the maximum load. If the normal emitted from the unit or stack and should load and maximum load are identical, an Determine, as indicated in section 2.1.2.1, plan any necessary span and range changes intermediate level need not be tested. needed to account for these changes, so that the span and range value(s) for the NOX Operate at the highest excess O2 level they are made in as timely a manner as pollutant concentration monitor so that all expected under normal operating conditions. practicable to coordinate with the operational expected NOX concentrations can be Make at least three runs of 20 minutes changes. Determine the adjusted span(s) determined and recorded accurately. (minimum) duration with three traverse using the procedures in sections 2.1.1.3 and 2.1.2.1 Maximum Potential Concentration points per run at each operating condition. 2.1.1.4 of this appendix (as applicable). (a) The maximum potential concentration Select the highest point NOX concentration Select the full-scale range(s) of the (MPC) of NOX for each affected unit shall be from all test runs as the MPC for NOX. instrument to be greater than or equal to the based upon whichever fuel or blend (e) If historical CEM data are used to new span value(s) and to be consistent with combusted in the unit produces the highest the guidelines of section 2.1 of this appendix. determine the MPC, the data must, for level of NOX emissions. Make an initial uncontrolled units or units equipped with (b) Whenever a full-scale range is exceeded determination of the MPC using the low-NOX burner technology and no other during a quarter and the exceedance is not appropriate option as follows: caused by a monitor out-of-control period, NOX controls, represent a minimum of 720 Option 1: Use 800 ppm for coal-fired and quality assured monitor operating hours, proceed as follows: 400 ppm for oil- or gas-fired units as the obtained under various operating conditions (1) For exceedances of the high range, maximum potential concentration of NOX (if including the minimum safe and stable load, report 200.0 percent of the current full-scale an MPC of 1600 ppm for coal-fired units or normal load (including periods of high range as the hourly SO2 concentration for 480 ppm for oil- or gas-fired units was each hour of the full-scale exceedance and previously selected under this part, that excess air at normal load), and maximum make appropriate adjustments to the MPC, value may still be used, provided that the load. For a unit with add-on NOX controls span, and range to prevent future full-scale guidelines of section 2.1 of this appendix are (whether or not the unit is equipped with exceedances. met); low-NOX burner technology), historical CEM (2) For units with two SO2 spans and Option 2: Use the specific values based on data may only be used to determine the MPC ranges, if the low range is exceeded, no boiler type and fuel combusted, listed in if the 720 quality assured monitor operating further action is required, provided that the Table 2–1 or Table 2–2; hours of CEM data are collected upstream of high range is available and is not out-of- Option 3: Use NOX emission test results; or the add-on controls or if the 720 hours of control or out-of-service for any reason. Option 4: Use historical CEM data over the data include periods when the add-on However, if the high range is not able to previous 720 (or more) unit operating hours controls are not in operation. The highest provide quality assured data at the time of when combusting the fuel or blend with the hourly NOX concentration in ppm shall be the low range exceedance or at any time highest NOX emission rate. the MPC.

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TABLE 2±1.ÐMAXIMUM POTENTIAL CONCENTRATION FOR NOXÐCOAL-FIRED UNITS

Maximum po- tential con- Unit type centration for NOX (ppm)

Tangentially-fired dry bottom and fluidized bed ...... 460 Wall-fired dry bottom, turbo-fired dry bottom, stokers ...... 675 Roof-fired (vertically-fired) dry bottom, cell burners, arch-fired ...... 975 Cyclone, wall-fired wet bottom, wet bottom turbo-fired ...... 1200 Others ...... (1) 1 As approved by the Administrator.

TABLE 2±2.ÐMAXIMUM POTENTIAL CONCENTRATION FOR NOXÐGAS-AND OIL-FIRED UNITS

Maximum po- tential con- Unit type centration for NOX (ppm)

Tangentially-fired dry bottom ...... 380 Wall-fired dry bottom ...... 600 Roof-fired (vertically-fired) dry bottom, arch-fired ...... 550 Existing combustion turbine or combined cycle turbine ...... 200 New stationary gas turbine/combustion turbine ...... 50 Others ...... (1) 1 As approved by the Administrator

2.1.2.2 Maximum Expected Concentration more) hours of quality assured data appendix must be approved by the (a) Make an initial determination of the representing the entire load range under Administrator. maximum expected concentration (MEC) of stable operating conditions. The data base for (c) Select the full-scale range of the instrument to be consistent with section 2.1 NOX during normal operation for affected the MEC shall not include any CEM data of this appendix and to be greater than or units with add-on NOX controls of any kind recorded during unit startup, shutdown, or (e.g., steam injection, water injection, SCR, or malfunction or during any NOX control equal to the high span value. Include the full- SNCR). Determine a separate MEC value for device malfunctions or outages. All NOX scale range setting and calculations of the each type of fuel (or blend) combusted in the control devices and methods used to reduce MPC and span in the monitoring plan for the unit, except for fuels that are only used for NOX emissions must be operating properly unit. unit startup and/or flame stabilization. during each hour. The CEM data shall be 2.1.2.4 Dual Span and Range Requirements Calculate the MEC of NOX using Equation A– collected downstream of all NOX controls. For most units, the high span value based 2, if applicable, inserting the maximum For each type of fuel, the highest of the 720 on the MPC, as determined under section potential concentration, as determined using (or more) quality assured hourly average NOX 2.1.2.3 of this appendix will suffice to the procedures in section 2.1.2.1 of this concentrations recorded by the CEMS shall measure and record NOX concentrations appendix. Where Equation A–2 is not be the MEC. (unless span and/or range adjustments must applicable, set the MEC either by: (1) 2.1.2.3 Span Value(s) and Range(s) be made in accordance with section 2.1.2.5 measuring the NOX concentration using the (a) Determine the high span value of the of this appendix). In some instances, testing procedures in this section; or (2) using however, a second (low) span value based on historical CEM data over the previous 720 (or NOX monitor as follows. The high span value shall be obtained by multiplying the MPC by the MEC may be required to ensure accurate more) quality assured monitor operating measurement of all expected and potential a factor no less than 1.00 and no greater than hours. Include in the monitoring plan for the NOX concentrations. To determine whether 1.25. Round the span value upward to the unit each MEC value and the method by two NOX spans are required, proceed as next highest multiple of 100 ppm. If the NOX which the MEC was determined. follows: span concentration is ≤ 500 ppm, the span (b) If NOX emission testing is used to (a) Compare the MEC value(s) determined determine the MEC value(s), the MEC for value may be rounded upward to the next in section 2.1.2.2 of this appendix to the high each type of fuel (or blend) shall be based highest multiple of 10 ppm, rather than 100 full-scale range value determined in section upon testing at minimum load, normal load, ppm. The high span value shall be used to 2.1.2.3 of this appendix. If the MEC values and maximum load. At least three tests of 20 determine the concentrations of the for all fuels (or blends) are ≥20.0 percent of minutes (minimum) duration, using at least calibration gases required for daily the high range value, the high span and range three traverse points, shall be performed at calibration error checks and linearity tests. values determined under section 2.1.2.3 of each load, using Method 7E from appendix Note that for certain applications, a second this appendix are sufficient, irrespective of A to part 60 of this chapter (Note: Method 20 (low) NOX span and range may be required which fuel or blend is combusted in the unit. from appendix A to part 60 may be used for (see section 2.1.2.4 of this appendix). If any of the MEC values is <20.0 percent of gas turbines instead of Method 7E). The test (b) If an existing State, local, or federal the high range value, two spans (low and must be performed at a time when all NOX requirement for span of a NOX pollutant high) are required, one based on the MPC and control devices and methods used to reduce concentration monitor requires a span lower the other based on the MEC. NOX emissions are operating properly. The than that required by this section or by (b) When two NOX spans are required, the testing shall be conducted downstream of all section 2.1.2.4 of this appendix, the State, owner or operator may either use a single NOX controls. The highest point NOX local, or federal span value may be used, NOX analyzer with a dual range (low-and concentration (e.g., the highest one-minute where a satisfactory explanation is included high-scales) or two separate NOX analyzers average) recorded during any of the test runs in the monitoring plan, unless span and/or connected to a common sample probe and shall be the MEC. range adjustments become necessary in sample interface. For units with add-on NOX (c)If historical CEM data are used to accordance with section 2.1.2.5 of this emission controls (i.e., steam injection, water determine the MEC value(s), the MEC for appendix. Span values higher than required injection, SCR, or SNCR), the owner or each type of fuel shall be based upon 720 (or by this section or by section 2.1.2.4 of this operator may use a low range analyzer and

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a ‘‘default high range value,’’ as described in the low span value. For units with two NOX than or equal to the adjusted span value(s) paragraph 2.1.2.4(e) of this section, in lieu of spans, use the low range whenever NOX and to be consistent with the guidelines of maintaining and quality assuring a high-scale concentrations are expected to be section 2.1 of this appendix. range. Other monitor configurations are consistently <20.0 percent of the high range (b) Whenever a full-scale range is exceeded subject to the approval of the Administrator. value, i.e., when the MEC of the fuel being during a quarter and the exceedance is not (c) The owner or operator shall designate combusted is <20.0 percent of the high range caused by a monitor out-of-control period, the monitoring systems and components in value. When the full-scale of the low range proceed as follows: the monitoring plan under § 75.53 as follows: is exceeded, the high range shall be used to (1) For exceedances of the high range, designate the low and high ranges as separate measure and record the NOX concentrations; report 200.0 percent of the current full-scale NOX components of a single, primary NOX or, if applicable, the default high range value range as the hourly NOX concentration for monitoring system; or designate the low and in paragraph (e) of this section shall be each hour of the full-scale exceedance and high ranges as the NOX components of two reported for each hour of the full-scale make appropriate adjustments to the MPC, separate, primary NOX monitoring systems; exceedance. span, and range to prevent future full-scale or designate the normal range as a primary 2.1.2.5 Adjustment of Span and Range exceedances. monitoring system and the other range as a (2) For units with two NOX spans and non-redundant backup monitoring system; For each affected unit or common stack, ranges, if the low range is exceeded, no the owner or operator shall make a periodic or, when a single, dual-range NOX analyzer further action is required, provided that the is used, designate the low and high ranges as evaluation of the MPC, MEC, span, and range high range is available and is not out-of- values for each NOX monitor (at a minimum, a single NOX component of a primary NOX control or out-of-service for any reason. monitoring system (if this option is selected, an annual evaluation is required) and shall However, if the high range is not able to use a special dual-range component type make any necessary span and range provide quality assured data at the time of code, as specified by the Administrator, to adjustments, with corresponding monitoring the low range exceedance or at any time satisfy the requirements of plan updates, as described in paragraphs (a) during the continuation of the exceedance, and (b) of this section. Span and range § 75.53(e)(1)(iv)(D)); or, for units with add-on report the MPC as the NOX concentration adjustments may be required, for example, as NOX controls, if the default high range value until the readings return to the low range or is used, designate the low range analyzer as a result of changes in the fuel supply, until the high range is able to provide quality changes in the manner of operation of the the NOX component of the primary NOX assured data (unless the reason that the high- unit, or installation or removal of emission monitoring system. Do not designate the scale range is not able to provide quality controls. In implementing the provisions in default high range as a monitoring system or assured data is because the high-scale range paragraphs (a) and (b) of this section, note component. Other component and system has been exceeded; if the high-scale range is that NOX data recorded during short-term, designations are subject to approval by the exceeded, follow the procedures in paragraph non-representative operating conditions (e.g., Administrator. Note that the component and (b)(1) of this section). a trial burn of a different type of fuel) shall system designations for redundant backup (c) Whenever changes are made to the be excluded from consideration. The owner monitoring systems shall be the same as for MPC, MEC, full-scale range, or span value of or operator shall keep the results of the most primary monitoring systems. the NOX monitor as described in paragraphs recent span and range evaluation on-site, in (a) and (b) of this section, record and report (d) Each monitoring system designated as a format suitable for inspection. Make each primary or redundant backup shall meet the (as applicable) the new full-scale range required span or range adjustment no later setting, the new MPC or MEC, maximum initial certification and quality assurance than 45 days after the end of the quarter in potential NOX emission rate, and the requirements in § 75.20(c) (for primary which the need to adjust the span or range monitoring systems), in § 75.20(d)(1) (for adjusted span value in an updated is identified, except that up to 90 days after monitoring plan for the unit. The monitoring redundant backup monitoring systems) and the end of that quarter may be taken to appendices A and B to this part, with one plan update shall be made in the quarter in implement a span adjustment if the which the changes become effective. In exception: relative accuracy test audits calibration gases currently being used for (RATAs) are required only on the normal addition, record and report the adjusted span daily calibration error tests and linearity as part of the records for the daily calibration range (for dual span units with add-on NOX checks are unsuitable for use with the new emission controls, the low range is error test and linearity check required by span value. appendix B to this part. Whenever the span considered normal). Each monitoring system (a) If the fuel supply, emission controls, or designated as non-redundant backup shall value is adjusted, use calibration gas other process parameters change such that concentrations that meet the requirements of meet the applicable quality assurance the maximum expected concentration or the requirements in § 75.20(d)(2). section 5.1 of this appendix, based on the maximum potential concentration changes adjusted span value. When a span adjustment (e) For dual span units with add-on NOX significantly, adjust the NOX pollutant is significant enough that the calibration emission controls (e.g., steam injection, water concentration span(s) and (if necessary) injection, SCR, or SNCR), the owner or gases currently being used for daily monitor range(s) to assure the continued calibration error tests and linearity checks are operator may, as an alternative to accuracy of the monitoring system. A maintaining and quality assuring a high unsuitable for use with the new span value, ‘‘significant’’ change in the MPC or MEC a linearity test using the new calibration monitor range, use a default high range value. means that the guidelines in section 2.1 of gases must be performed and passed. Data If this option is chosen, the owner or operator this appendix can no longer be met, as from the monitor are considered invalid from shall report a default value of 200.0 percent determined by either a periodic evaluation by the hour in which the span is adjusted until of the MPC for each unit operating hour in the owner or operator or from the results of the required linearity check is passed in which the full-scale of the low range NOX an audit by the Administrator. The owner or accordance with section 6.2 of this appendix. analyzer is exceeded. operator should evaluate whether any (f) The high span and range shall be planned changes in operation of the unit or 2.1.3 CO2 and O2 Monitors determined in accordance with section stack may affect the concentration of For an O2 monitor (including O2 monitors 2.1.2.3 of this appendix. The low span value emissions being emitted from the unit and used to measure CO2 emissions or percentage shall be 100.0 to 125.0 percent of the MEC, should plan any necessary span and range moisture), select a span value between 15.0 rounded up to the next highest multiple of changes needed to account for these changes, and 25.0 percent O2. For a CO2 monitor 10 ppm (or 100 ppm, if appropriate). If more so that they are made in as timely a manner installed on a boiler, select a span value than one MEC value (as determined in as practicable to coordinate with the between 14.0 and 20.0 percent CO2. For a section 2.1.2.2 of this appendix) is <20.0 operational changes. An example of a change CO2 monitor installed on a combustion percent of the high full-scale range value, the that may require a span and range adjustment turbine, an alternative span value between low span value shall be based upon is the installation of low-NOX burner 6.0 and 14.0 percent CO2 may be used. An whichever MEC value is closest to 20.0 technology on a previously uncontrolled alternative O2 span value below 15.0 percent percent of the high range value. The low unit. Determine the adjusted span(s) using O2 may be used if an appropriate technical range must be greater than or equal to the low the procedures in section 2.1.2.3 or 2.1.2.4 of justification is included in the monitoring span value, and the required calibration gases this appendix (as applicable). Select the full- plan (e.g., O2 concentrations above a certain for the low range must be selected based on scale range(s) of the instrument to be greater level create an unsafe operating condition).

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Select the full-scale range of the instrument 2.1.3.2 Minimum Potential Concentration of 2.1 of this appendix and can accurately to be consistent with section 2.1 of this O2 measure all potential volumetric flow rates at appendix and to be greater than or equal to The owner or operator of a unit that uses the flow monitor installation site. the span value. Select the calibration gas a flow monitor and an O2 diluent monitor to 2.1.4.1 Maximum Potential Velocity and concentrations for the daily calibration error determine heat input in accordance with Flow Rate tests and linearity checks in accordance with Equation F–17 or F–18 in appendix F to this For this purpose, determine the span value section 5.1 of this appendix, as percentages part shall, for the purposes of providing substitute data under § 75.36, determine the of the flow monitor using the following of the span value. For O2 monitors with span minimum potential O2 concentration. The procedure. Calculate the maximum potential values ≥21.0 percent O2, purified instrument minimum potential O2 concentration shall be velocity (MPV) using Equation A–3a or A–3b air containing 20.9 percent O2 may be used based upon 720 hours or more of quality- or determine the MPV (wet basis) from as the high-level calibration material. assured CEM data, representing the full velocity traverse testing using Reference operating load range of the unit(s). The 2.1.3.1 Maximum Potential Concentration Method 2 (or its allowable alternatives) in minimum potential O2 concentration shall be of CO2 appendix A to part 60 of this chapter. If using the lowest quality-assured hourly average O2 For CO2 pollutant concentration monitors, concentration recorded in the 720 (or more) test values, use the highest average velocity the maximum potential concentration shall hours of data used for the determination. (determined from the Method 2 traverses) be 14.0 percent CO2 for boilers and 6.0 2.1.3.3 Adjustment of Span and Range measured at or near the maximum unit percent CO2 for combustion turbines. operating load. Express the MPV in units of Adjust the span value and range of a CO2 Alternatively, the owner or operator may wet standard feet per minute (fpm). For the or O2 monitor in accordance with section determine the MPC based on a minimum of 2.1.1.5 of this appendix (insofar as those purpose of providing substitute data during 720 hours of quality assured historical CEM provisions are applicable), with the term periods of missing flow rate data in data representing the full operating load ‘‘CO2 or O2’’ applying instead of the term accordance with §§ 75.31 and 75.33 and as range of the unit(s). Note that the MPC for ‘‘SO2’’. Set the new span and range in required elsewhere in this part, calculate the CO2 monitors shall only be used for the accordance with section 2.1.3 of this maximum potential stack gas flow rate (MPF) purpose of providing substitute data under appendix and report the new span value in in units of standard cubic feet per hour the monitoring plan. this part. The CO2 monitor span and range (scfh), as the product of the MPV (in units of shall be determined according to section 2.1.4 Flow Monitors wet, standard fpm) times 60, times the cross- 2.1.3 of this appendix. Select the full-scale range of the flow sectional area of the stack or duct (in ft2) at monitor so that it is consistent with section the flow monitor location.

 FH   20. 9   100  MPV = d f   ()Eq. A-3a    −  − AOO 20. 9 %2d  100 %H 2  or

 FH   100  100  MPV = c f   ()Eq. A-3b     − A % CO2d  100 %H 2 O

Where: multiplying the MPV (converted to and shall make any necessary span and range MPV = maximum potential velocity (fpm, equivalent daily calibration error units) by a adjustments with corresponding monitoring standard wet basis). factor no less than 1.00 and no greater than plan updates, as described in paragraphs (a) Fd = dry-basis F factor (dscf/mmBtu) from 1.25, and rounding up the result to at least through (c) of this section 2.1.4.3. Span and Table 1, Appendix F to this part. two significant figures. For calibration span range adjustments may be required, for Fc = carbon-based F factor (scf CO2/mmBtu) values in inches of water, retain at least two example, as a result of changes in the fuel from Table 1, Appendix F to this part. decimal places. Select appropriate reference supply, changes in the stack or ductwork Hf = maximum heat input (mmBtu/minute) signals for the daily calibration error tests as configuration, changes in the manner of for all units, combined, exhausting to the percentages of the calibration span value. operation of the unit, or installation or stack or duct where the flow monitor is Finally, calculate the ‘‘flow rate span value’’ removal of emission controls. In located. (in scfh) as the product of the MPF, as implementing the provisions in paragraphs A = inside cross sectional area (ft2) of the flue determined in section 2.1.4.1 of this (a) and (b) of this section 2.1.4.3, note that at the flow monitor location. appendix, times the same factor (between flow rate data recorded during short-term, non-representative operating conditions (e.g., %O2d = maximum oxygen concentration, 1.00 and 1.25) that was used to calculate the percent dry basis, under normal calibration span value. Round off the flow a trial burn of a different type of fuel) shall operating conditions. rate span value to the nearest 1000 scfh. be excluded from consideration. The owner or operator shall keep the results of the most %CO2d = minimum carbon dioxide Select the full-scale range of the flow monitor concentration, percent dry basis, under so that it is greater than or equal to the span recent span and range evaluation on-site, in normal operating conditions. value and is consistent with section 2.1 of a format suitable for inspection. Make each required span or range adjustment no later %H2O = maximum percent flue gas moisture this appendix. Include in the monitoring content under normal operating plan for the unit: calculations of the MPV, than 45 days after the end of the quarter in conditions. MPF, calibration span value, flow rate span which the need to adjust the span or range is identified. 2.1.4.2 Span Values and Range value, and full-scale range (expressed both in scfh and, if different, in the measurement (a) If the fuel supply, stack or ductwork Determine the span and range of the flow units of calibration). configuration, operating parameters, or other monitor as follows. Convert the MPV, as conditions change such that the maximum determined in section 2.1.4.1 of this 2.1.4.3 Adjustment of Span and Range potential flow rate changes significantly, appendix, to the same measurement units of For each affected unit or common stack, adjust the span and range to assure the flow rate that are used for daily calibration the owner or operator shall make a periodic continued accuracy of the flow monitor. A error tests (e.g., scfh, kscfh, kacfm, or evaluation of the MPV, MPF, span, and range ‘‘significant’’ change in the MPV or MPF differential pressure (inches of water)). Next, values for each flow rate monitor (at a means that the guidelines of section 2.1 of determine the ‘‘calibration span value’’ by minimum, an annual evaluation is required) this appendix can no longer be met, as

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determined by either a periodic evaluation by 2.1.6 Maximum Potential Moisture 3.3.2 Relative Accuracy for NOX-Diluent the owner or operator or from the results of Percentage Continuous Emission Monitoring Systems an audit by the Administrator. The owner or When Equation 19–3, 19–4 or 19–8 in (a) The relative accuracy for NOX-diluent operator should evaluate whether any Method 19 in appendix A to part 60 of this continuous emission monitoring systems planned changes in operation of the unit may chapter is used to determine NOX emission shall not exceed 10.0 percent. affect the flow of the unit or stack and should rate, the owner or operator of a unit that uses (b) For affected units where the average of plan any necessary span and range changes a continuous moisture monitoring system the monitoring system measurements of NOX needed to account for these changes, so that shall, for the purpose of providing substitute emission rate during the relative accuracy they are made in as timely a manner as data under § 75.37, determine the maximum test audit is less than or equal to 0.200 lb/ practicable to coordinate with the operational potential moisture percentage. The maximum mmBtu, the mean value of the continuous changes. Calculate the adjusted calibration potential moisture percentage shall be based emission monitoring system measurements span and flow rate span values using the upon 720 hours or more of quality-assured shall not exceed ±0.020 lb/mmBtu of the procedures in section 2.1.4.2 of this CEM data, representing the full operating reference method mean value whenever the appendix. load range of the unit(s). The maximum relative accuracy specification of 10.0 (b) Whenever the full-scale range is potential moisture percentage shall be the percent is not achieved. exceeded during a quarter, provided that the highest quality-assured hourly average H2O exceedance is not caused by a monitor out- * * * * * concentration recorded in the 720 (or more) of-control period, report 200.0 percent of the hours of data used for the determination. 3.3.6 Relative Accuracy for Moisture current full-scale range as the hourly flow 55. Appendix A to part 75 is amended by Monitoring Systems rate for each hour of the full-scale revising section 3.1, the last sentence in the The relative accuracy of a moisture exceedance. If the range is exceeded, make first paragraph of section 3.2, and section monitoring system shall not exceed 10.0 appropriate adjustments to the MPF, flow 3.3.2; by adding section 3.3.6; and by revising percent. The relative accuracy test results are rate span, and range to prevent future full- sections 3.3.7, 3.4.1 and 3.5 to read as also acceptable if the mean difference of the scale exceedances. Calculate the new follows: reference method measurements (in percent calibration span value by converting the new H2O) and the corresponding moisture flow rate span value from units of scfh to 3. Performance Specifications monitoring system measurements (in percent units of daily calibration. A calibration error 3.1 Calibration Error H2O), calculated using Equation A–7 of this test must be performed and passed to appendix, are within ±1.5 percent H2O. validate data on the new range. (a) The calibration error performance (c) Whenever changes are made to the specifications in this section apply only to 7- 3.3.7 Relative Accuracy for NOX MPV, MPF, full-scale range, or span value of day calibration error tests under sections Concentration Monitoring Systems the flow monitor, as described in paragraphs 6.3.1 and 6.3.2 of this appendix and to the (a) The following requirement applies only offline calibration demonstration described (a) and (b) of this section, record and report to NOX concentration monitoring systems in section 2.1.1.2 of appendix B to this part. (as applicable) the new full-scale range (i.e., NOX pollutant concentration monitors) The calibration error limits for daily setting, calculations of the flow rate span that are used to determine NOX mass value, calibration span value, MPV, and MPF operation of the continuous monitoring emissions, where the owner or operator in an updated monitoring plan for the unit. systems required under this part are found in elects to monitor and report NOX mass The monitoring plan update shall be made in section 2.1.4(a) of appendix B to this part. emissions using a NOX concentration the quarter in which the changes become (b) The calibration error of SO2 and NOX monitoring system and a flow monitoring effective. Record and report the adjusted pollutant concentration monitors shall not system. calibration span and reference values as parts deviate from the reference value of either the (b) The relative accuracy for NOX of the records for the calibration error test zero or upscale calibration gas by more than concentration monitoring systems shall not required by appendix B to this part. 2.5 percent of the span of the instrument, as exceed 10.0 percent. Alternatively, for Whenever the calibration span value is calculated using Equation A–5 of this affected units where the average of the adjusted, use reference values for the appendix. Alternatively, where the span monitoring system measurements of NOX calibration error test that meet the value is less than 200 ppm, calibration error concentration during the relative accuracy requirements of section 2.2.2.1 of this test results are also acceptable if the absolute test audit is less than or equal to 250.0 ppm, appendix, based on the most recent adjusted value of the difference between the monitor the mean value of the continuous emission calibration span value. Perform a calibration | response value and the reference value, R– monitoring system measurements shall not error test according to section 2.1.1 of A¥ in Equation A–5 of this appendix, is exceed ±15.0 ppm of the reference method appendix B to this part whenever making a ≤ 5 ppm. The calibration error of CO2 or O2 mean value. change to the flow monitor span or range, monitors (including O2 monitors used to 3.4 * * * unless the range change also triggers a measure CO2 emissions or percent moisture) 3.4.1 SO2 Pollutant Concentration Monitors, recertification under § 75.20(b). shall not deviate from the reference value of NOX Concentration Monitoring Systems and 2.1.5 Minimum Potential Moisture the zero or upscale calibration gas by >0.5 NOX-Diluent Continuous Emission Percentage percent O2 or CO2, as calculated using the | Monitoring Systems Except as provided in section 2.1.6 of this term ¥R–A in the numerator of Equation A– SO2 pollutant concentration monitors, appendix, the owner or operator of a unit that 5 of this appendix. The calibration error of NOX-diluent continuous emission monitoring uses a continuous moisture monitoring flow monitors shall not exceed 3.0 percent of systems and NOX concentration monitoring system to correct emission rates and heat the calibration span value of the instrument, systems used to determine NOX mass inputs from a dry basis to a wet basis (or as calculated using Equation A–6 of this emissions, as defined in § 75.71(a)(2), shall vice-versa) shall, for the purpose of providing appendix. For differential pressure-type flow not be biased low as determined by the test substitute data under § 75.37, use a default monitors, the calibration error test results are | | procedure in section 7.6 of this appendix. value of 3.0 percent H2O as the minimum also acceptable if R–A , the absolute value of potential moisture percentage. Alternatively, the difference between the monitor response The bias specification applies to all SO2 the minimum potential moisture percentage and the reference value in Equation A–6, pollutant concentration monitors and to all may be based upon 720 hours or more of does not exceed 0.01 inches of water. NOX concentration monitoring systems, including those measuring an average SO2 or quality-assured CEM data, representing the 3.2 Linearity Check full operating load range of the unit(s). If this NOX concentration of 250.0 ppm or less, and option is chosen, the minimum potential * * * For CO2 or O2 monitors (including to all NOX-diluent continuous emission moisture percentage shall be the lowest O2 monitors used to measure CO2 emissions monitoring systems, including those or percent moisture): measuring an average NOX emission rate of quality-assured hourly average H2O concentration recorded in the 720 (or more) * * * * * 0.200 lb/mmBtu or less. hours of data used for the determination. 3.3 * * * * * * * *

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3.5 Cycle Time Office of Research and Development, (MD– exempted from the linearity test The cycle time for pollutant concentration 77B), U.S. Environmental Protection Agency, requirements of this part. For units using monitors, oxygen monitors used to determine Research Triangle Park, NC 27711. emission controls and other units using both percent moisture, and any other continuous 5.1.5 Research Gas Mixtures a high and a low span, perform a linearity check on both the low- and high-scales for emission monitoring system(s) required to Research gas mixtures must be vendor- initial certification. For on-going quality perform a cycle time test shall not exceed 15 certified to be within 2.0 percent of the assurance of the CEMS, perform linearity minutes. concentration specified on the cylinder label 56. Appendix A to part 75 is amended by (tag value), using the uncertainty calculation checks, using the procedures in this section, revising the first sentence of the first procedure in section 2.1.8 of the ‘‘EPA on the range(s) and at the frequency specified paragraph of section 4 and paragraph (6) to Traceability Protocol for Assay and in section 2.2.1 of appendix B to this part. read as follows: Certification of Gaseous Calibration Challenge each monitor with calibration gas, as defined in section 5.1 of this appendix, at 4. Data Acquisition and Handling Systems Standards,’’ September 1997, EPA–600/R–97/ 121. Inquiries about the RGM program the low-, mid-, and high-range concentrations Automated data acquisition and handling should be directed to: National Institute of specified in section 5.2 of this appendix. systems shall read and record the full range Standards and Technology, Analytical Introduce the calibration gas at the gas of pollutant concentrations and volumetric Chemistry Division, Chemical Science and injection port, as specified in section 2.2.1 of flow from zero through span and provide a Technology Laboratory, B–324 Chemistry, this appendix. Operate each monitor at its continuous, permanent record of all Gaithersburg, MD 20899. normal operating temperature and measurements and required information as 5.1.6 Zero Air Material conditions. For extractive and dilution type an ASCII flat file capable of transmission monitors, pass the calibration gas through all both by direct computer-to-computer Zero air material is defined in § 72.2 of this filters, scrubbers, conditioners, and other electronic transfer via modem and EPA- chapter. monitor components used during normal provided software and by an IBM-compatible 5.1.7 NIST/EPA-Approved Certified sampling and through as much of the personal computer diskette. Reference Materials sampling probe as is practical. For in-situ * * * * * Existing certified reference materials type monitors, perform calibration checking (6) Provide a continuous, permanent record (CRMs) that are still within their certification all active electronic and optical components, of all measurements and required period may be used as calibration gas. including the transmitter, receiver, and information as an ASCII flat file capable of analyzer. Challenge the monitor three times 5.1.8 Gas Manufacturer’s Intermediate transmission both by direct computer-to- with each reference gas (see example data Standards computer electronic transfer via modem and sheet in Figure 1). Do not use the same gas EPA-provided software and by an IBM- Gas manufacturer’s intermediate standards twice in succession. To the extent compatible personal computer diskette. is defined in § 72.2 of this chapter. practicable, the duration of each linearity 57. Appendix A to part 75 is amended by 5.2 Concentrations test, from the hour of the first injection to the revising sections 5 through 5.1.6, adding hour of the last injection, shall not exceed 24 sections 5.1.7 through 5.1.8, and revising Four concentration levels are required as follows. unit operating hours. Record the monitor sections 5.2 through 5.2.4 to read as follows: response from the data acquisition and 5. Calibration Gas 5.2.1 Zero-level Concentration handling system. For each concentration, use 0.0 to 20.0 percent of span, including span the average of the responses to determine the 5.1 Reference Gases for high-scale or both low- and high-scale for error in linearity using Equation A–4 in this For the purposes of part 75, calibration SO2, NOX, CO2, and O2 monitors, as appendix. Linearity checks are acceptable for gases include the following: appropriate. monitor or monitoring system certification, 5.1.1 Standard Reference Materials (SRM) 5.2.2 Low-level Concentration recertification, or quality assurance if none of the test results exceed the applicable These calibration gases may be obtained 20.0 to 30.0 percent of span, including performance specifications in section 3.2 of from the National Institute of Standards and span for high-scale or both low- and high- this appendix. The status of emission data Technology (NIST) at the following address: scale for SO2, NOX, CO2, and O2 monitors, as from a CEMS prior to and during a linearity Quince Orchard and Cloppers Road, appropriate. Gaithersburg, MD 20899–0001. test period shall be determined as follows: 5.2.3 Mid-level Concentration (a) For the initial certification of a CEMS, 5.1.2 SRM-Equivalent Compressed Gas 50.0 to 60.0 percent of span, including data from the monitoring system are Primary Reference Material (PRM) span for high-scale or both low- and high- considered invalid until all certification tests, Contact the Gas Metrology Team, scale for SO2, NOX, CO2, and O2 monitors, as including the linearity test, have been Analytical Chemistry Division, Chemical appropriate. successfully completed, unless the data Science and Technology Laboratory of NIST, 5.2.4 High-level Concentration validation procedures in § 75.20(b)(3) are at the address in section 5.1.1, for a list of used. When the procedures in § 75.20(b)(3) vendors and cylinder gases. 80.0 to 100.0 percent of span, including are followed, the words ‘‘initial certification’’ span for high-scale or both low-and high- 5.1.3 NIST Traceable Reference Materials apply instead of ‘‘recertification,’’ and scale for SO2, NOX, CO2, and O2 monitors, as complete all of the initial certification tests Contact the Gas Metrology Team, appropriate. by the applicable deadline in § 75.4, rather Analytical Chemistry Division, Chemical 58. Appendix A to part 75 is amended by than within the time periods specified in Science and Technology Laboratory of NIST, revising sections 6.2, 6.3.1, 6.3.2, 6.4, 6.5, § 75.20(b)(3)(iv) for the individual tests. at the address in section 5.1.1, for a list of 6.5.1, 6.5.2, 6.5.6, 6.5.7, 6.5.9 and 6.5.10, and (b) For the routine quality assurance vendors and cylinder gases. adding sections 6.5.2.1, 6.5.2.2, 6.5.6.1, linearity checks required by section 2.2.1 of 5.1.4 EPA Protocol Gases 6.5.6.2, and 6.5.6.3 to read as follows: appendix B to this part, use the data (a) EPA Protocol gases must be vendor- 6. Certification Tests and Procedures validation procedures in section 2.2.3 of certified to be within 2.0 percent of the * * * * * appendix B to this part. concentration specified on the cylinder label (c) When a linearity test is required as a (tag value), using the uncertainty calculation 6.2 Linearity Check (General Procedures) diagnostic test or for recertification, use the procedure in section 2.1.8 of the ‘‘EPA Check the linearity of each SO2, NOX, CO2, data validation procedures in § 75.20(b)(3). Traceability Protocol for Assay and and O2 monitor while the unit, or group of (d) For linearity tests of non-redundant Certification of Gaseous Calibration units for a common stack, is combusting fuel backup monitoring systems, use the data Standards,’’ September 1997, EPA–600/R–97/ at conditions of typical stack temperature validation procedures in § 75.20(d)(2)(iii). 121. and pressure; it is not necessary for the unit (e) For linearity tests performed during a (b) A copy of EPA–600/R–97/121 is to be generating electricity during this test. grace period and after the expiration of a available from the National Technical Notwithstanding these requirements, if the grace period, use the data validation Information Service, 5285 Port Royal Road, SO2 or NOX span value for a particular procedures in sections 2.2.3 and 2.2.4, Springfield, VA, 703–487–4650 and from the monitor range is ≤30 ppm, that range is respectively, of appendix B to this part.

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(f) For all other linearity checks, use the each day (at approximately 24-hour intervals) adjustment is made, and report them in the data validation procedures in section 2.2.3 of for 7 consecutive days according to the certification or recertification application. appendix B to this part. procedures given in this section. The results The status of emissions data from a flow 6.3 * * * of a 7-day calibration error test are acceptable monitor prior to and during a 7-day for monitor or monitoring system calibration error test period shall be 6.3.1 Gas Monitor 7-day Calibration Error certification, recertification or diagnostic determined as follows: Test testing if none of these daily calibration error (a) For initial certification, data from the test results exceed the applicable Measure the calibration error of each SO2 monitor are considered invalid until all performance specifications in section 3.1 of monitor, each NOX monitor and each CO2 or certification tests, including the 7-day this appendix.The status of emission data O2 monitor while the unit is combusting fuel calibration error test, have been successfully from a gas monitor prior to and during a 7- (but not necessarily generating electricity) completed, unless the data validation day calibration error test period shall be once each day for 7 consecutive operating procedures in § 75.20(b)(3) are used. When days according to the following procedures. determined as follows: (a) For initial certification, data from the the procedures in § 75.20(b)(3) are followed, (In the event that extended unit outages the words ‘‘initial certification’’ apply occur after the commencement of the test, the monitor are considered invalid until all certification tests, including the 7-day instead of ‘‘recertification,’’ and complete all 7 consecutive unit operating days need not of the initial certification tests by the be 7 consecutive calendar days.) Units using calibration error test, have been successfully applicable deadline in § 75.4, rather than dual span monitors must perform the completed, unless the data validation within the time periods specified in calibration error test on both high- and low- procedures in § 75.20(b)(3) are used. When scales of the pollutant concentration monitor. the procedures in § 75.20(b)(3) are followed, § 75.20(b)(3)(iv) for the individual tests. The calibration error test procedures in this the words ‘‘initial certification’’ apply (b) When a 7-day calibration error test is section and in section 6.3.2 of this appendix instead of ‘‘recertification,’’ and complete all required as a diagnostic test or for shall also be used to perform the daily of the initial certification tests by the recertification, use the data validation assessments and additional calibration error applicable deadline in § 75.4, rather than procedures in § 75.20(b)(3). tests required under sections 2.1.1 and 2.1.3 within the time periods specified in 6.4 Cycle Time Test of appendix B to this part. Do not make § 75.20(b)(3)(iv) for the individual tests. Perform cycle time tests for each pollutant manual or automatic adjustments to the (b) When a 7-day calibration error test is monitor settings until after taking required as a diagnostic test or for concentration monitor and continuous measurements at both zero and high recertification, use the data validation emission monitoring system while the unit is concentration levels for that day during the procedures in § 75.20(b)(3). operating, according to the following 7-day test. If automatic adjustments are made 6.3.2 Flow Monitor 7-day Calibration Error procedures (see also Figure 6 at the end of following both injections, conduct the Test this appendix). Use a zero-level and a high- level calibration gas (as defined in section 5.2 calibration error test such that the magnitude Perform the 7-day calibration error test of of this appendix) alternately. To determine of the adjustments can be determined and a flow monitor, when required for the upscale elapsed time, inject a zero-level recorded. Record and report test results for certification, recertification or diagnostic concentration calibration gas into the probe each day using the unadjusted concentration testing, according to the following measured in the calibration error test prior to procedures. Introduce the reference signal tip (or injection port leading to the making any manual or automatic adjustments corresponding to the values specified in calibration cell, for in situ systems with no (i.e., resetting the calibration). The section 2.2.2.1 of this appendix to the probe probe). Record the stable starting gas value calibration error tests should be tip (or equivalent), or to the transducer. and start time, using the data acquisition and approximately 24 hours apart, (unless the 7- During the 7-day certification test period, handling system (DAHS). Next, allow the day test is performed over non-consecutive conduct the calibration error test while the monitor to measure the concentration of flue days). Perform calibration error tests at both unit is operating once each unit operating gas emissions until the response stabilizes. the zero-level concentration and high-level day (as close to 24-hour intervals as Record the stable ending stack emissions concentration, as specified in section 5.2 of practicable). In the event that extended unit value and the end time of the test using the this appendix. Alternatively, a mid-level outages occur after the commencement of the DAHS. Determine the upscale elapsed time concentration gas (50.0 to 60.0 percent of the test, the 7 consecutive operating days need as the time it takes for 95.0 percent of the span value) may be used in lieu of the high- not be 7 consecutive calendar days. Record step change to be achieved between the level gas, provided that the mid-level gas is the flow monitor responses by means of the stable starting gas value and the stable ending more representative of the actual stack gas data acquisition and handling system. stack emissions value. Then repeat the concentrations. In addition, repeat the Calculate the calibration error using Equation procedure, starting by injecting the high-level procedure for SO2 and NOX pollutant A–6 of this appendix. Do not perform any gas concentration to determine the concentration monitors using the low-scale corrective maintenance, repair, or downscale elapsed time, which is the time it for units equipped with emission controls or replacement upon the flow monitor during takes for 95.0 percent of the step change to other units with dual span monitors. Use the 7-day test period other than that required only calibration gas, as specified in section be achieved between the stable starting gas in the quality assurance/quality control plan value and the stable ending stack emissions 5.1 of this appendix. Introduce the required by appendix B to this part. Do not calibration gas at the gas injection port, as value. End the downscale test by measuring make adjustments between the zero and high the stable concentration of flue gas specified in section 2.2.1 of this appendix. reference level measurements on any day emissions. Record the stable starting and Operate each monitor in its normal sampling during the 7-day test. If the flow monitor ending monitor values, the start and end mode. For extractive and dilution type operates within the calibration error times, and the downscale elapsed time for monitors, pass the calibration gas through all performance specification (i.e., less than or filters, scrubbers, conditioners, and other equal to 3.0 percent error each day and the monitor using the DAHS. A stable value monitor components used during normal requiring no corrective maintenance, repair, is equivalent to a reading with a change of sampling and through as much of the or replacement during the 7-day test period), less than 2.0 percent of the span value for 2 sampling probe as is practical. For in-situ the flow monitor passes the calibration error minutes, or a reading with a change of less type monitors, perform calibration, checking test. Record all maintenance activities and than 6.0 percent from the measured average all active electronic and optical components, the magnitude of any adjustments. Record concentration over 6 minutes. (Owners or including the transmitter, receiver, and output readings from the data acquisition and operators of systems which do not record analyzer. Challenge the pollutant handling system before and after all data in 1-minute or 3-minute intervals may concentration monitors and CO2 or O2 adjustments. Record and report all petition the Administrator under § 75.66 for monitors once with each calibration gas. calibration error test results using the alternative stabilization criteria). For Record the monitor response from the data unadjusted flow rate measured in the monitors or monitoring systems that perform acquisition and handling system. Using calibration error test prior to resetting the a series of operations (such as purge, sample, Equation A–5 of this appendix, determine the calibration. Record all adjustments made and analyze), time the injections of the calibration error at each concentration once during the 7-day period at the time the calibration gases so they will produce the

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When relative accuracy test audits are (6) For all other RATAs, use the data (See Figure 5 at the end of this appendix.) performed on continuous emission validation procedures in section 2.3.2 of For the NOx-diluent continuous emission monitoring systems or component(s) on appendix B to this part. monitoring system test and SO2-diluent bypass stacks/ducts, use the fuel normally (g) For each SO2 or CO2 pollutant continuous emission monitoring system test, combusted by the unit (or units, if more than concentration monitor, each flow monitor, record and report the longer cycle time of the one unit exhausts into the flue) when each CO2 or O2 diluent monitor used to two component analyzers as the system cycle emissions exhaust through the bypass stack/ determine heat input, each NOX time. For time-shared systems, this procedure ducts. concentration monitoring system used to must be done at all probe locations that will (b) Perform each RATA at the load level(s) determine NOX mass emissions, as defined in be polled within the same 15-minute period specified in section 6.5.1 or 6.5.2 of this § 75.71(a)(2), each moisture monitoring during monitoring system operations. To appendix or in section 2.3.1.3 of appendix B system and each NOX-diluent continuous determine the cycle time for time-shared to this part, as applicable. emission monitoring system, calculate the systems, add together the longest cycle time (c) For monitoring systems with dual relative accuracy, in accordance with section obtained at each of the probe locations. ranges, perform the relative accuracy test on 7.3 or 7.4 of this appendix, as applicable. In Report the sum of the longest cycle time at the range normally used for measuring addition (except for CO2, O2, SO2-diluent or each of the probe locations plus the sum of emissions. For units with add-on SO2 or NOx moisture monitors), test for bias and the time required for all purge cycles (as controls or for units that need a dual range determine the appropriate bias adjustment determined by the continuous emission to record high concentration ‘‘spikes’’ during factor, in accordance with sections 7.6.4 and monitoring system manufacturer) at each of startup conditions, the low range is 7.6.5 of this appendix, using the data from the probe locations as the cycle time for each considered normal. However, for some dual the relative accuracy test audits. of the time-shared systems. For monitors span units (e.g., for units that use fuel 6.5.1 Gas Monitoring System RATAs with dual ranges, report the test results from switching or for which the emission controls (Special Considerations) on the range giving the longer cycle time. are operated seasonally), either of the two Cycle time test results are acceptable for measurement ranges may be considered (a) Perform the required relative accuracy monitor or monitoring system certification, normal; in such cases, perform the RATA on test audits for each SO2 or CO2 pollutant recertification or diagnostic testing if none of the range that is in use at the time of the concentration monitor, each CO2 or O2 the cycle times exceed 15 minutes. The status scheduled test. diluent monitor used to determine heat of emissions data from a monitor prior to and (d) Record monitor or monitoring system input, each NOX-diluent continuous during a cycle time test period shall be output from the data acquisition and emission monitoring system, each NOX determined as follows: handling system. concentration monitoring system used to determine NOX mass emissions, as defined in (a) For initial certification, data from the (e) Complete each single-load relative § 75.71(a)(2), and each SO2-diluent monitor are considered invalid until all accuracy test audit within a period of 168 continuous emission monitoring system, at certification tests, including the cycle time consecutive unit operating hours, as defined the normal load level for the unit (or test, have been successfully completed, in § 72.2 of this chapter (or, for CEMS combined units, if common stack), as defined unless the data validation procedures in installed on common stacks or bypass stacks, in section 6.5.2.1 of this appendix. If two § 75.20(b)(3) are used. When the procedures 168 consecutive stack operating hours, as load levels have been designated as normal, in § 75.20(b)(3) are followed, the words defined in § 72.2 of this chapter). For 2-level the RATAs may be done at either load level. ‘‘initial certification’’ apply instead of and 3-level flow monitor RATAs, complete (b) For the initial certification of a gas ‘‘recertification,’’ and complete all of the all of the RATAs at all levels, to the extent monitoring system and for recertifications in initial certification tests by the applicable practicable, within a period of 168 deadline in § 75.4, rather than within the which, in addition to a RATA, one or more consecutive unit (or stack) operating hours; other tests are required (i.e., a linearity test, time periods specified in § 75.20(b)(3)(iv) for however, if this is not possible, up to 720 the individual tests. cycle time test, or 7-day calibration error consecutive unit (or stack) operating hours test), EPA recommends that the RATA not be (b) When a cycle time test is required as may be taken to complete a multiple-load a diagnostic test or for recertification, use the commenced until the other required tests of flow RATA. the CEMS have been passed. data validation procedures in § 75.20(b)(3). (f) The status of emission data from the 6.5 Relative Accuracy and Bias Tests CEMS prior to and during the RATA test 6.5.2 Flow Monitor RATAs (Special (General Procedures) period shall be determined as follows: Considerations) Perform the required relative accuracy test (1) For the initial certification of a CEMS, (a) Except for flow monitors on bypass audits (RATAs) as follows for each CO2 data from the monitoring system are stacks/ducts and peaking units, perform pollutant concentration monitor (including considered invalid until all certification tests, relative accuracy test audits for the initial O2 monitors used to determine CO2 pollutant including the RATA, have been successfully certification of each flow monitor at three concentration), each SO2 pollutant completed, unless the data validation different exhaust gas velocities (low, mid, concentration monitor, each NOX procedures in § 75.20(b)(3) are used. When and high), corresponding to three different concentration monitoring system used to the procedures in § 75.20(b)(3) are followed, load levels within the range of operation, as determine NOX mass emissions, each flow the words ‘‘initial certification’’ apply defined in section 6.5.2.1 of this appendix. monitor, each NOX-diluent continuous instead of ‘‘recertification,’’ and complete all For a common stack/duct, the three different emission monitoring system, each O2 or CO2 of the initial certification tests by the exhaust gas velocities may be obtained from diluent monitor used to calculate heat input, applicable deadline in § 75.4, rather than frequently used unit/load combinations for each moisture monitoring system and each within the time periods specified in the units exhausting to the common stack. SO2-diluent continuous emission monitoring § 75.20(b)(3)(iv) for the individual tests. Select the three exhaust gas velocities such system. For NOX concentration monitoring (2) For the routine quality assurance that the audit points at adjacent load levels systems used to determine NOX mass RATAs required by section 2.3.1 of appendix (i.e., low and mid or mid and high), in emissions, as defined in § 75.71(a)(2), use the B to this part, use the data validation megawatts (or in thousands of lb/hr of steam same general RATA procedures as for SO2 procedures in section 2.3.2 of appendix B to production), are separated by no less than pollutant concentration monitors; however, this part. 25.0 percent of the range of operation, as use the reference methods for NOX (3) For recertification RATAs, use the data defined in section 6.5.2.1 of this appendix. concentration specified in section 6.5.10 of validation procedures in § 75.20(b)(3). (b) For flow monitors on bypass stacks/ this appendix: (4) For quality assurance RATAs of non- ducts and peaking units, the flow monitor (a) Except as provided in § 75.21(a)(5), redundant backup monitoring systems, use relative accuracy test audits for initial perform each RATA while the unit (or units, the data validation procedures in certification and recertification shall be if more than one unit exhausts into the flue) §§ 75.20(d)(2)(v) and (vi). single-load tests, performed at the normal is combusting the fuel that is normal for that (5) For RATAs performed during and after load, as defined in section 6.5.2.1 of this unit (for some units, more than one type of the expiration of a grace period, use the data appendix.

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(c) Flow monitor recertification RATAs level(s), the owner or operator shall, at a (for SO2, NOX, and moisture monitoring shall be done at three load level(s), unless minimum, determine the relative number of system RATAs), Performance Specification 3 otherwise specified in paragraph (b) of this operating hours at each of the three load in appendix B to part 60 of this chapter (for section or unless otherwise specified or levels, low, mid and high over the past four O2 and CO2 monitor RATAs), Method 1 (or approved by the Administrator. representative operating quarters. The owner 1A) (for volumetric flow rate monitor (d) The semiannual and annual quality or operator shall determine, to the nearest 0.1 RATAs), Method 3 (for molecular weight), assurance flow monitor RATAs required percent, the percentage of the time that each and Method 4 (for moisture determination) in under appendix B to this part shall be done load level (low, mid, high) has been used appendix A to part 60 of this chapter. Unless at the load level(s) specified in section 2.3.1.3 during that time period. A summary of the otherwise specified, use only codified of appendix B to this part. data used for this determination and the versions of PS No. 2 revised as of July 1, 6.5.2.1 Range of Operation and Normal calculated results shall be kept on-site in a 1995, July 1, 1996 or July 1, 1997. The Load Level(s) format suitable for inspection. following alternative reference method (d) Based on the analysis of the historical traverse point locations are permitted for (a) The owner or operator shall determine load data the owner or operator shall moisture and gas monitor RATAs: the upper and lower boundaries of the ‘‘range designate the most frequently used load level (a) For moisture determinations where the of operation’’ for each unit (or combination as the normal load level for the unit (or moisture data are used only to determine of units, for common stack configurations) combination of units, for common stacks). stack gas molecular weight, a single reference that uses CEMS to account for its emissions The owner or operator may also designate the method point, located at least 1.0 meter from and for each unit that uses the optional fuel second most frequently used load level as an the stack wall, may be used. For moisture flow-to-load quality assurance test in section additional normal load level for the unit or monitoring system RATAs and for gas 2.1.7 of appendix D to this part. The lower stack. For peaking units, normal load monitor RATAs in which moisture data are boundary of the range of operation of a unit designations are unnecessary; the entire used to correct pollutant or diluent shall be the minimum safe, stable load. For operating load range shall be considered concentrations from a dry basis to a wet basis common stacks, the minimum safe, stable normal. If the manner of operation of the unit (or vice-versa), single-point moisture load shall be the lowest of the minimum safe, changes significantly, such that the sampling may only be used if the 12-point stable loads for any of the units discharging designated normal load(s) or the two most stratification test described in section 6.5.6.1 through the stack. Alternatively, for a group frequently used load levels change, the of this appendix is performed prior to the of frequently-operated units that serve a owner or operator shall repeat the historical RATA for at least one pollutant or diluent common stack, the sum of the minimum safe, load analysis and shall redesignate the gas, and if the test is passed according to the stable loads for the individual units may be normal load(s) and the two most frequently acceptance criteria in section 6.5.6.3(b) of used as the lower boundary of the range of used load levels, as appropriate. A minimum this appendix. operation. The upper boundary of the range of two representative quarters of historical (b) For gas monitoring system RATAs, the of operation of a unit shall be the maximum load data are required to document that a owner or operator may use any of the sustainable load. The ‘‘maximum sustainable change in the manner of unit operation has following options: load’’ is the higher of either: the nameplate occurred. (1) At any location (including locations or rated capacity of the unit, less any (e) Beginning on April 1, 2000, the owner where stratification is expected), use a physical or regulatory limitations or other or operator shall report the upper and lower deratings; or the highest sustainable unit minimum of six traverse points along a boundaries of the range of operation for each diameter, in the direction of any expected load, based on at least four quarters of unit (or combination of units, for common representative historical operating data. For stratification. The points shall be located in stacks), in units of megawatts or thousands accordance with Method 1 in appendix A to common stacks, the maximum sustainable of lb/hr of steam production, in the electronic load is the sum of all of the maximum part 60 of this chapter. quarterly report required under § 75.64. (2) At locations where section 3.2 of PS No. sustainable loads of the individual units Except for peaking units, the owner or discharging through the stack, unless this 2 allows the use of a short reference method operator shall indicate, in the electronic measurement line (with three points located load is unattainable in practice, in which quarterly report (as part of the electronic case use the highest sustainable combined at 0.4, 1.0, and 2.0 meters from the stack monitoring plan) the load level (or levels) wall), the owner or operator may use an load for the units that discharge through the designated as normal under this section and stack, based on at least four quarters of alternative 3-point measurement line, shall also indicate the two most frequently locating the three points at 4.4, 14.6, and 29.6 representative historical operating data. The used load levels.. load values for the unit(s) shall be expressed percent of the way across the stack, in either in units of megawatts or thousands of 6.5.2.2 Multi-Load Flow RATA Results accordance with Method 1 in appendix A to lb/hr of steam load. For each multi-load flow RATA, calculate part 60 of this chapter. (b) The operating levels for relative the flow monitor relative accuracy at each (3) At locations where stratification is accuracy test audits shall, except for peaking operating level. If a flow monitor relative likely to occur (e.g., following a wet scrubber units, be defined as follows: the ‘‘low’’ accuracy test is failed or aborted due to a or when dissimilar gas streams are operating level shall be the first 30.0 percent problem with the monitor on any level of a combined), the short measurement line from of the range of operation; the ‘‘mid’’ 2-level (or 3-level) relative accuracy test section 3.2 of PS No. 2 (or the alternative line operating level shall be the middle portion audit, the RATA must be repeated at that described in paragraph (b)(2) of this section) (30.0 to 60.0 percent) of the range of load level. However, the entire 2-level (or 3- may be used in lieu of the prescribed ‘‘long’’ operation; and the ‘‘high’’ operating level level) relative accuracy test audit does not measurement line in section 3.2 of PS No. 2, shall be the upper end (60.0 to 100.0 percent) have to be repeated unless the flow monitor provided that the 12-point stratification test of the range of operation. For example, if the polynomial coefficients or K-factor(s) are described in section 6.5.6.1 of this appendix upper and lower boundaries of the range of changed, in which case a 3-level RATA is is performed and passed one time at the operation are 100 and 1100 megawatts, required. location (according to the acceptance criteria respectively, then the low, mid, and high * * * * * of section 6.5.6.3(a) of this appendix) and operating levels would be 100 to 400 provided that either the 12-point megawatts, 400 to 700 megawatts, and 700 to 6.5.6 Reference Method Traverse Point stratification test or the alternative 1100 megawatts, respectively. Selection (abbreviated) stratification test in section (c) The owner or operator shall identify, for Select traverse points that ensure 6.5.6.2 of this appendix is performed and each affected unit or common stack (except acquisition of representative samples of passed prior to each subsequent RATA at the for peaking units), the ‘‘normal’’ load level or pollutant and diluent concentrations, location (according to the acceptance criteria levels (low, mid or high), based on the moisture content, temperature, and flue gas of section 6.5.6.3(a) of this appendix). operating history of the unit(s). This flow rate over the flue cross section. To (4) A single reference method measurement requirement becomes effective on April 1, achieve this, the reference method traverse point, located no less than 1.0 meter from the 2000; however, the owner or operator may points shall meet the requirements of section stack wall and situated along one of the choose to comply with this requirement prior 3.2 of Performance Specification 2 (‘‘PS No. measurement lines used for the stratification to April 1, 2000. To identify the normal load 2’’) in appendix B to part 60 of this chapter test, may be used at any sampling location if

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the 12-point stratification test described in (e) Calculate the average NOX, SO2, and moved from traverse point to traverse point section 6.5.6.1 of this appendix is performed CO2 (or O2) concentrations at each of the either manually or automatically. If, during a and passed prior to each RATA at the individual traverse points. Then, calculate flow RATA, significant pulsations in the location (according to the acceptance criteria the arithmetic average NOX, SO2, and CO2 (or reference method readings are observed, be of section 6.5.6.3(b) of this appendix). O2) concentrations for all traverse points. sure to allow enough measurement time at 6.5.6.1 Stratification Test 6.5.6.3 Stratification Test Results and each traverse point to obtain an accurate Acceptance Criteria average reading when a manual readout (a) With the unit(s) operating under steady- method is used (e.g., a ‘‘sight-weighted’’ state conditions at normal load, as defined in (a) For each pollutant or diluent gas, the average from a manometer). A minimum of section 6.5.2.1 of this appendix, use a short reference method measurement line one set of auxiliary measurements for stack traversing gas sampling probe to measure the described in section 3.2 of PS No. 2 may be gas molecular weight determination (i.e., pollutant (SO2 or NOX) and diluent (CO2 or used in lieu of the long measurement line diluent gas data and moisture data) is O2) concentrations at a minimum of twelve prescribed in section 3.2 of PS No. 2 if the required for every clock hour of a flow RATA (12) points, located according to Method 1 in results of a stratification test, conducted in or for every three test runs (whichever is less appendix A to part 60 of this chapter. accordance with section 6.5.6.1 or 6.5.6.2 of restrictive). Successive flow RATA runs may (b) Use Methods 6C, 7E, and 3A in this appendix (as appropriate; see section be performed without waiting in-between appendix A to part 60 of this chapter to make 6.5.6(b)(3) of this appendix), show that the runs. If an O2-diluent monitor is used as a the measurements. Data from the reference concentration at each individual traverse CO2 continuous emission monitoring system, method analyzers must be quality assured by point differs by no more than ±10.0 percent perform a CO2 system RATA (i.e., measure performing analyzer calibration error and from the arithmetic average concentration for CO2, rather than O2, with the reference system bias checks before the series of all traverse points. The results are also method). For moisture monitoring systems, measurements and by conducting system bias acceptable if the concentration at each an appropriate coefficient, ‘‘K’’ factor or other and calibration drift checks after the individual traverse point differs by no more suitable mathematical algorithm may be measurements, in accordance with the than ± 5ppm or ±0.5 percent CO2 (or O2) from developed prior to the RATA, to adjust the procedures of Methods 6C, 7E, and 3A. the arithmetic average concentration for all monitoring system readings with respect to (c) Measure for a minimum of 2 minutes traverse points. the reference method. If such a coefficient, K- at each traverse point. To the extent (b) For each pollutant or diluent gas, a factor or algorithm is developed, it shall be practicable, complete the traverse within a 2- single reference method measurement point, applied to the CEMS readings during the hour period. located at least 1.0 meter from the stack wall RATA and (if the RATA is passed), to the (d) If the load has remained constant (±3.0 and situated along one of the measurement subsequent CEMS data, by means of the percent) during the traverse and if the lines used for the stratification test, may be automated data acquisition and handling reference method analyzers have passed all used for that pollutant or diluent gas if the of the required quality assurance checks, results of a stratification test, conducted in system. The owner or operator shall keep proceed with the data analysis. accordance with section 6.5.6.1 of this records of the current coefficient, K factor or algorithm, as specified in §§ 75.56(a)(5)(ix) (e) Calculate the average NOX, SO2, and appendix, show that the concentration at and 75.59(a)(5)(vii). Whenever the CO2 (or O2) concentrations at each of the each individual traverse point differs by no individual traverse points. Then, calculate more than ±5.0 percent from the arithmetic coefficient, K factor or algorithm is changed, a RATA of the moisture monitoring system the arithmetic average NOX, SO2, and CO2 (or average concentration for all traverse points. is required. O2) concentrations for all traverse points. The results are also acceptable if the (b) To properly correlate individual SO2 or 6.5.6.2 Alternative (Abbreviated) concentration at each individual traverse point differs by no more than ±3 ppm or ±0.3 NOX continuous emission monitoring system Stratification Test data (in lb/mmBtu) and volumetric flow rate percent CO2 (or O2) from the arithmetic (a) With the unit(s) operating under steady- average concentration for all traverse points. data with the reference method data, state conditions at normal load, as defined in (c) The owner or operator shall keep the annotate the beginning and end of each section 6.5.2.1 of this appendix, use a results of all stratification tests on-site, in a reference method test run (including the traversing gas sampling probe to measure the format suitable for inspection, as part of the exact time of day) on the individual chart pollutant (SO2 or NOX) and diluent (CO2 or supplementary RATA records required under recorder(s) or other permanent recording O2) concentrations at three points. The points § 75.56(a)(7) or § 75.59(a)(7), as applicable. device(s). shall be located according to the * * * * * specifications for the long measurement line 6.5.7 Sampling Strategy in section 3.2 of PS No. 2 (i.e., locate the (a) Conduct the reference method tests so 6.5.9 Number of Reference Method Tests points 16.7 percent, 50.0 percent, and 83.3 they will yield results representative of the Perform a minimum of nine sets of paired percent of the way across the stack). pollutant concentration, emission rate, monitor (or monitoring system) and reference Alternatively, the concentration moisture, temperature, and flue gas flow rate method test data for every required (i.e., measurements may be made at six traverse from the unit and can be correlated with the certification, recertification, diagnostic, points along a diameter. The six points shall pollutant concentration monitor, CO2 or O2 semiannual, or annual) relative accuracy test be located in accordance with Method 1 in monitor, flow monitor, and SO2 or NOX audit. For 2-level and 3-level relative appendix A to part 60 of this chapter. continuous emission monitoring system accuracy test audits of flow monitors, (b) Use Methods 6C, 7E, and 3A in measurements. The minimum acceptable perform a minimum of nine sets at each of appendix A to part 60 of this chapter to make time for a gas monitoring system RATA run the operating levels. the measurements. Data from the reference or for a moisture monitoring system RATA Note: The tester may choose to perform method analyzers must be quality assured by run is 21 minutes. For each run of a gas more than nine sets of reference method performing analyzer calibration error and monitoring system RATA, all necessary tests. If this option is chosen, the tester may system bias checks before the series of pollutant concentration measurements, reject a maximum of three sets of the test measurements and by conducting system bias diluent concentration measurements, and results, as long as the total number of test and calibration drift checks after the moisture measurements (if applicable) must, results used to determine the relative measurements, in accordance with the to the extent practicable, be made within a accuracy or bias is greater than or equal to procedures of Methods 6C, 7E, and 3A. 60-minute period. For NOX-diluent or SO2- nine. Report all data, including the rejected (c) Measure for a minimum of 2 minutes diluent monitoring system RATAs, the CEMS data and corresponding reference at each traverse point. To the extent pollutant and diluent concentration method test results. practicable, complete the traverse within a 1- measurements must be made simultaneously. hour period. For flow monitor RATAs, the minimum time 6.5.10 Reference Methods (d) If the load has remained constant (±3.0 per run shall be 5 minutes. Flow rate The following methods from appendix A to percent) during the traverse and if the reference method measurements may be part 60 of this chapter or their approved reference method analyzers have passed all made either sequentially from port to port or alternatives are the reference methods for of the required quality assurance checks, simultaneously at two or more sample ports. performing relative accuracy test audits: proceed with the data analysis. The velocity measurement probe may be Method 1 or 1A for siting; Method 2 or its

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28643 allowable alternatives in appendix A to part R = Reference value of zero or upscale (high- concentration monitoring systems used to 60 of this chapter (except for Methods 2B and level or mid-level, as applicable) determine NOX mass emissions, as defined in 2E) for stack gas velocity and volumetric flow calibration gas introduced into the § 75.71(a)(2); and NOX-diluent continuous rate; Methods 3, 3A, or 3B for O2 or CO2; monitoring system. emission monitoring systems, using the Method 4 for moisture; Methods 6, 6A, or 6C A = Actual monitoring system response to procedures outlined in section 7.6.1 through for SO2; Methods 7, 7A, 7C, 7D or 7E for the calibration gas. 7.6.5 of this appendix. For multiple-load flow NOX, excluding the exception in section 5.1.2 S = Span of the instrument, as specified in of Method 7E. When using Method 7E for RATAs, perform a bias test at each load level section 2 of this appendix. designated as normal under section 6.5.2.1 of measuring NOX concentration, total NOX, 7.2.2 Flow Monitor Calibration Error both NO and NO2, must be measured. this appendix. 59. Appendix A to part 75 is amended by * * * * * * * * * * revising in sections 7.2.1, and 7.2.2, the text Where: 7.6.4 Bias Test following each section’s equation, beginning CE = Calibration error as a percentage of with the word ‘‘where’’; by revising sections span. If, for the relative accuracy test audit data ¯ 7.6, 7.6.4, and 7.6.5 and by adding new R = Low or high level reference value set being tested, the mean difference, d, is sections 7.7 and 7.8 (without revising the specified in section 2.2.2.1 of this less than or equal to the absolute value of the Figures for Appendix A that appear at the appendix. confidence coefficient, | cc |, the monitor or end of section 7 to Appendix A) to read as A = Actual flow monitor response to the monitoring system has passed the bias test. follows: reference value. If the mean difference, d¯ , is greater than the 7. Calculations S = Flow monitor calibration span value as absolute value of the confidence coefficient, * * * * * determined under section 2.1.4.2 of this | cc |, the monitor or monitoring system has appendix. failed to meet the bias test requirement. 7.2.1 Pollutant Concentration and Diluent Monitors * * * * * 7.6.5 Bias Adjustment * * * * * 7.6 Bias Test and Adjustment Factor (a) If the monitor or monitoring system Where: Test the following relative accuracy test fails to meet the bias test requirement, adjust CE = Calibration error as a percentage of the audit data sets for bias: SO2 pollutant the value obtained from the monitor using span of the instrument. concentration monitors; flow monitors; NOX the following equation:

Adjusted =Monitor × CEMi CEMi BAF() Eq. A-11

Where: Equation A–12, or a default BAF of 1.111 the first clock hour following the hour in Monitor CEMi = Data (measurement) provided may be used. which the RATA was completed. For a 2-load by the monitor at time i. (c) For 2-load or 3-load flow RATAs, when flow RATA, the ‘‘hour in which the RATA Adjusted CEMi = Data value, adjusted for bias, only one load level (low, mid or high) has was completed’’ refers to the hour in which at time i. been designated as normal under section the testing at both loads was completed; for BAF = Bias adjustment factor, defined by: 6.5.2.1 of this appendix and the bias test is a 3-load RATA, it refers to the hour in which passed at the normal load level, apply a BAF the testing at all three loads was completed. of 1.000 to the subsequent flow rate data. If (f) Use the bias-adjusted values in the bias test is failed at the normal load level, computing substitution values in the missing d use Equation A–12 to calculate the normal data procedure, as specified in subpart D of BAF =1 + (.)Eq A- 12 load BAF and then perform an additional this part, and in reporting the concentration CEMavg bias test at the second most frequently-used of SO2, the flow rate, the average NOX Where: load level, as determined under section emission rate, the unit heat input, and the 6.5.2.1 of this appendix. If the bias test is calculated mass emissions of SO2 and CO2 BAF = Bias adjustment factor, calculated to passed at this second load level, apply the during the quarter and calendar year, as the nearest thousandth. normal load BAF to the subsequent flow rate specified in subpart G of this part. In d¯ = Arithmetic mean of the difference data. If the bias test is failed at this second addition, when using a NOX concentration obtained during the failed bias test using load level, use Equation A–12 to calculate the monitoring system and a flow monitor to Equation A–7. BAF at the second load level and apply the calculate NOX mass emissions under subpart CEMavg = Mean of the data values provided higher of the two BAFs (either from the H of this part, use bias-adjusted values for by the monitor during the failed bias test. normal load level or from the second load NOX concentration and flow rate in the mass (b) For single-load RATAs of SO2 pollutant level) to the subsequent flow rate data. emission calculations and use bias-adjusted concentration monitors, NOX concentration (d) For 2-load or 3-load flow RATAs, when NOX concentrations to compute the monitoring systems, and NOX-diluent two load levels have been designated as appropriate substitution values for NOX monitoring systems and for the single-load normal under section 6.5.2.1 of this appendix concentration in the missing data routines flow RATAs required or allowed under and the bias test is passed at both normal under subpart D of this part. section 6.5.2 of this appendix and sections load levels, apply a BAF of 1.000 to the * * * * * 2.3.1.3(b) and 2.3.1.3(c) of appendix B to this subsequent flow rate data. If the bias test is part, the appropriate BAF is determined failed at one of the normal load levels but not 7.7 Reference Flow-to-Load Ratio or Gross directly from the RATA results at normal at the other, use Equation A–12 to calculate Heat Rate load, using Equation A–12. Notwithstanding, the BAF for the normal load level at which (a) Except as provided in section 7.8 of this when a NOX concentration CEMS or an SO2 the bias test was failed and apply that BAF appendix, the owner or operator shall CEMS or a NOX-diluent CEMS installed on to the subsequent flow rate data. If the bias determine Rref, the reference value of the ratio a low-emitting affected unit (i.e., average SO2 test is failed at both designated normal load of flow rate to unit load, each time that a or NOX concentration during the RATA ± 250 levels, use Equation A–12 to calculate the passing flow RATA is performed at a load ppm or average NOX emission rate ± 0.200 lb/ BAF at each normal load level and apply the level designated as normal in section 6.5.2.1 mmBtu) meets the normal 10.0 percent higher of the two BAFs to the subsequent of this appendix. The owner or operator shall relative accuracy specification (as calculated flow rate data. report the current value of Rref in the using Equation A–10) or the alternate relative (e) Each time a RATA is passed and the electronic quarterly report required under accuracy specification in section 3.3 of this appropriate bias adjustment factor has been § 75.64 and shall also report the completion appendix for low-emitters, but fails the bias determined, apply the BAF prospectively to date of the associated RATA. If two load test, the BAF may either be determined using all monitoring system data, beginning with levels have been designated as normal under

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section 6.5.2.1 of this appendix, the owner or Qref = Average stack gas volumetric flow rate consisting of a main stack and a bypass stack operator shall determine a separate Rref value measured by the reference method (e.g., a unit with a wet SO2 scrubber), for each of the normal load levels. The during the normal-load RATA, scfh. determine Qref separately for each stack at the requirements of this section shall become Lavg = Average unit load during the normal- time of the normal load flow RATA. Round effective as of April 1, 2000. The reference load flow RATA, megawatts or 1000 lb/ off the value of Rref to two decimal places. flow-to-load ratio shall be calculated as hr of steam. follows: (c) In addition to determining Rref or as an (b) In Equation A–13, for a common stack, alternative to determining Rref, a reference Lavg shall be the sum of the operating loads value of the gross heat rate (GHR) may be Q ref −5 R = ×10(.)Eq A- 13 of all units that discharge through the stack. determined. In order to use this option, ref For a unit that discharges its emissions Lavg quality assured diluent gas (CO2 or O2) must through multiple stacks (except for a Where: discharge configuration consisting of a main be available for each hour of the most recent normal-load flow RATA. The reference value Rref = Reference value of the flow-to-load stack and a bypass stack), Qref will be the sum ratio, from the most recent normal-load of the total volumetric flow rates that of the GHR shall be determined as follows: flow RATA, scfh/megawatts or scfh/1000 discharge through all of the stacks. For a unit lb/hr of steam. with a multiple stack discharge configuration

()Heat Input =avg × ()GHR ref 1000(.)Eq A- 13 a Lavg

Where: systems, excepted monitoring systems moisture monitoring system polynomial

(GHR)ref = Reference value of the gross heat approved under appendix D or E to this part, coefficients, K factors or mathematical rate at the time of the most recent and alternative monitoring systems under algorithms, changing of temperature and normal-load flow RATA, Btu/kwh or subpart E of this part, and their components. pressure coefficients and dilution ratio Btu/lb steam load. At a minimum, include in each QA/QC settings), and a written explanation of the (Heat Input)avg = Average hourly heat input program a written plan that describes in procedures used to make the adjustment(s) during the normal-load flow RATA, as detail (or that refers to separate documents shall be kept. determined using the applicable containing) complete, step-by-step 1.2 Specific Requirements for Continuous equation in appendix F to this part, procedures and operations for each of the Emissions Monitoring Systems mmBtu/hr. following activities. Upon request from 1.2.1 Calibration Error Test and Linearity Lavg = Average unit load during the normal- regulatory authorities, the source shall make load flow RATA, megawatts or 1000 lb/ all procedures, maintenance records, and Check Procedures hr of steam. ancillary supporting documentation from the Keep a written record of the procedures manufacturer (e.g., software coefficients and used for daily calibration error tests and (d) In the calculation of (Heat Input)avg, use troubleshooting diagrams) available for linearity checks (e.g., how gases are to be Qref, the average volumetric flow rate review during an audit. measured by the reference method during the injected, adjustments of flow rates and RATA, and use the average diluent gas 1.1 Requirements for All Monitoring pressure, introduction of reference values, concentration measured during the flow Systems length of time for injection of calibration RATA. gases, steps for obtaining calibration error or 1.1.1 Preventive Maintenance error in linearity, determination of 7.8 Flow-to-Load Test Exemptions Keep a written record of procedures interferences, and when calibration The requirements of this section apply needed to maintain the monitoring system in adjustments should be made). Identify any beginning on April 1, 2000. For complex proper operating condition and a schedule calibration error test and linearity check stack configurations (e.g., when the effluent for those procedures. This shall, at a procedures specific to the continuous from a unit is divided and discharges through minimum, include procedures specified by emission monitoring system that vary from multiple stacks in such a manner that the the manufacturers of the equipment and, if the procedures in appendix A to this part. flow rate in the individual stacks cannot be applicable, additional or alternate procedures 1.2.2 Calibration and Linearity Adjustments correlated with unit load), the owner or developed for the equipment. operator may petition the Administrator Explain how each component of the under § 75.66 for an exemption from the 1.1.2 Recordkeeping and Reporting continuous emission monitoring system will requirements of section 7.7 of this appendix. Keep a written record describing be adjusted to provide correct responses to The petition must include sufficient procedures that will be used to implement calibration gases, reference values, and/or information and data to demonstrate that a the recordkeeping and reporting indications of interference both initially and flow-to-load or gross heat rate evaluation is requirements in subparts E, F, and G and after repairs or corrective action. Identify infeasible for the complex stack appendices D and E to this part, as equations, conversion factors and other configuration. applicable. factors affecting calibration of each continuous emission monitoring system. 1.1.3 Maintenance Records Appendix B to Part 75—Quality Assurance 1.2.3 Relative Accuracy Test Audit and Quality Control Procedures Keep a record of all testing, maintenance, Procedures or repair activities performed on any 60. Appendix B to part 75 is amended by Keep a written record of procedures and monitoring system or component in a revising sections 1 and 1.1; adding sections details peculiar to the installed continuous location and format suitable for inspection. A 1.1.1 through 1.1.3; revising section 1.2; emission monitoring systems that are to be maintenance log may be used for this adding sections 1.2.1 through 1.2.4; revising used for relative accuracy test audits, such as purpose. The following records should be section 1.3; adding sections 1.3.1 through sampling and analysis methods. 1.3.6; revising section 1.4; adding sections maintained: date, time, and description of 1.4.1 through 1.4.3; and removing sections any testing, adjustment, repair, replacement, 1.2.4 Parametric Monitoring for Units With 1.5 and 1.6 to read as follows: or preventive maintenance action performed Add-on Emission Controls on any monitoring system and records of any The owner or operator shall keep a written 1. Quality Assurance/Quality Control corrective actions associated with a monitor’s (or electronic) record including a list of Program outage period. Additionally, any adjustment operating parameters for the add-on SO2 or Develop and implement a quality that recharacterizes a system’s ability to NOX emission controls, including parameters assurance/quality control (QA/QC) program record and report emissions data must be in § 75.55(b) or § 75.58(b), as applicable, and for the continuous emission monitoring recorded (e.g., changing of flow monitor or the range of each operating parameter that

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The owner or operator by reference under § 75.6, or other methods Calibration Adjustments shall keep a written (or electronic) record of approved by the Administrator through the (a) In addition to the daily calibration error the parametric monitoring data during each petition process of § 75.66(c). tests required under section 2.1.1 of this SOX or NO2 missing data period. 1.3.6 Appendix E Monitoring System appendix, a calibration error test of a monitor 1.3 Specific Requirements for Excepted Quality Assurance Information shall be performed in accordance with Systems Approved Under Appendices D and section 2.1.1 of this appendix, as follows: E Identify the unit manufacturer’s whenever a daily calibration error test is recommended range of quality assurance- failed; whenever a monitoring system is 1.3.1 Fuel Flowmeter Accuracy Test and quality control-related operating returned to service following repair or Procedures parameters. Keep records of these operating corrective maintenance that could affect the Keep a written record of the specific fuel parameters for each hour of unit operation monitor’s ability to accurately measure and flowmeter accuracy test procedures. These (i.e., fuel combustion). Keep a written record record emissions data; or after making certain may include: standard methods or of the procedures used to perform NOX calibration adjustments, as described in this specifications listed in and section 2.1.5.1 of emission rate testing. Keep a copy of all data section. Except in the case of the routine appendix D to this part and incorporated by and results from the initial and from the most calibration adjustments described in this reference under § 75.6; the procedures of recent NOX emission rate testing, including section, data from the monitor are considered sections 2.1.5.2 or 2.1.7 of appendix D to this the values of quality assurance parameters invalid until the required additional part; or other methods approved by the specified in section 2.3 of appendix E to this calibration error test has been successfully Administrator through the petition process of part. completed. § 75.66(c). (b) Routine calibration adjustments of a 1.4 Requirements for Alternative Systems monitor are permitted after any successful 1.3.2 Transducer or Transmitter Accuracy Approved Under Subpart E Test Procedures calibration error test. These routine 1.4.1 Daily Quality Assurance Tests adjustments shall be made so as to bring the Keep a written record of the procedures for monitor readings as close as practicable to testing the accuracy of transducers or Explain how the daily assessment the known tag values of the calibration gases transmitters of an orifice-, nozzle-, or venturi- procedures specific to the alternative or to the actual value of the flow monitor type fuel flowmeter under section 2.1.6 of monitoring system are to be performed. reference signals. An additional calibration appendix D to this part. These procedures 1.4.2 Daily Quality Assurance Test error test is required following routine should include a description of equipment Adjustments calibration adjustments where the monitor’s used, steps in testing, and frequency of calibration has been physically adjusted (e.g., Explain how each component of the testing. by turning a potentiometer) to verify that the alternative monitoring system will be 1.3.3 Fuel Flowmeter, Transducer, or adjustments have been made properly. An Transmitter Calibration and Maintenance adjusted in response to the results of the additional calibration error test is not Records daily assessments. required, however, if the routine calibration Keep a record of adjustments, 1.4.3 Relative Accuracy Test Audit adjustments are made by means of a maintenance, or repairs performed on the Procedures mathematical algorithm programmed into the fuel flowmeter monitoring system. Keep Keep a written record of procedures and data acquisition and handling system. The records of the data and results for fuel details peculiar to the installed alternative EPA recommends that routine calibration adjustments be made, at a minimum, flowmeter accuracy tests and transducer monitoring system that are to be used for whenever the daily calibration error exceeds accuracy tests, consistent with appendix D to relative accuracy test audits, such as this part. the limits of the applicable performance sampling and analysis methods. specification in appendix A to this part for 1.3.4 Primary Element Inspection 61. Appendix B to part 75 is amended by: the pollutant concentration monitor, CO2 or Procedures a. Revising the first paragraph of section O2 monitor, or flow monitor. Keep a written record of the standard 2.1.1, revising sections 2.1.3 and 2.1.4; (c) Additional (non-routine) calibration operating procedures for inspection of the revising paragraph (1) of section 2.1.5.1; adjustments of a monitor are permitted prior primary element (i.e., orifice, venturi, or revising sections 2.2 through 2.2.3; adding to (but not during) linearity checks and nozzle) of an orifice-, venturi-, or nozzle-type sections 2.2.4 through 2.2.5.3; revising RATAs and at other times, provided that an fuel flowmeter. Examples of the types of sections 2.3 and 2.3.1; adding sections 2.3.1.1 appropriate technical justification is information to be included are: what to through 2.3.1.4; revising sections 2.3.2 and included in the quality control program examine on the primary element; how to 2.3.3; and adding section 2.3.4; required under section 1 of this appendix. identify if there is corrosion sufficient to b. Redesignating existing section 2.4 as The allowable non-routine adjustments are as affect the accuracy of the primary element; section 2.5; follows. The owner or operator may and what inspection tools (e.g., baroscope), if c. Adding new section 2.4; and physically adjust the calibration of a monitor any, are used. d. Revising Figures 1 and 2 at the end of (e.g., by means of a potentiometer), provided 1.3.5 Fuel Sampling Method and Sample appendix B to read as follows: that the post-adjustment zero and upscale Retention responses of the monitor are within the 2. Frequency of Testing performance specifications of the instrument Keep a written record of the standard * * * * * given in section 3.1 of appendix A to this procedures used to perform fuel sampling, 2.1 * * * part. An additional calibration error test is either by utility personnel or by fuel supply required following such adjustments to verify company personnel. These procedures 2.1.1 Calibration Error Test that the monitor is operating within the should specify the portion of the ASTM Except as provided in section 2.1.1.2 of performance specifications at both the zero method used, as incorporated by reference this appendix, perform the daily calibration and upscale calibration levels. under § 75.6, or other methods approved by error test of each gas monitoring system 2.1.4 Data Validation the Administrator through the petition (including moisture monitoring systems process of § 75.66(c). These procedures (a) An out-of-control period occurs when consisting of wet- and dry-basis O2 analyzers) should describe safeguards for ensuring the the calibration error of an SO2 or NOX according to the procedures in section 6.3.1 availability of an oil sample (e.g., procedure pollutant concentration monitor exceeds 5.0 of appendix A to this part, and perform the and location for splitting samples, procedure percent of the span value (or exceeds 10 daily calibration error test of each flow for maintaining sample splits on site, and ppm, for span values <200 ppm), when the monitoring system according to the procedure for transmitting samples to an calibration error of a CO2 or O2 monitor procedure in section 6.3.2 of appendix A to analytical laboratory). These procedures (including O2 monitors used to measure CO2 should identify the ASTM analytical this part. emissions or percent moisture) exceeds 1.0 methods used to analyze sulfur content, gross * * * * * percent O2 or CO2, or when the calibration

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28646 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations error of a flow monitor or a moisture sensor The data validation procedures in section (d) If a daily calibration error test is failed exceeds 6.0 percent of the span value, which 2.2.3(e) of this appendix shall be followed. during a linearity test period, prior to is twice the applicable specification of 2.2.2 Leak Check completing the test, the linearity test must be appendix A to this part. Notwithstanding, a repeated. Data from the monitor are differential pressure-type flow monitor for For differential pressure flow monitors, invalidated prospectively from the hour of which the calibration error exceeds 6.0 perform a leak check of all sample lines (a the failed calibration error test until the hour percent of the span value shall not be manual check is acceptable) at least once of completion of a subsequent successful considered out-of-control if «R¥A«, the during each QA operating quarter. For this calibration error test. The linearity test shall absolute value of the difference between the test, the unit does not have to be in not be commenced until the monitor has monitor response and the reference value in operation. Conduct the leak checks no less successfully completed a calibration error Equation A–6, is ≤0.02 inches of water. The than 30 days apart, to the extent practicable. test. out-of-control period begins upon failure of If a leak check is failed, follow the applicable (e) An out-of-control period occurs when a the calibration error test and ends upon data validation procedures in section 2.2.3(f) linearity test is failed (i.e., when the error in completion of a successful calibration error of this appendix. linearity at any of the three concentrations in test. Note, that if a failed calibration, 2.2.3 Data Validation the quarterly linearity check (or any of the six corrective action, and successful calibration (a) A linearity check shall not be concentrations, when both ranges of a single error test occur within the same hour, commenced if the monitoring system is analyzer with a dual range are tested) emission data for that hour recorded by the operating out-of-control with respect to any exceeds the applicable specification in monitor after the successful calibration error of the daily or semiannual quality assurance section 3.2 of appendix A to this part) or test may be used for reporting purposes, assessments required by sections 2.1 and 2.3 when a linearity test is aborted due to a provided that two or more valid readings are of this appendix or with respect to the problem with the monitor or monitoring obtained as required by § 75.10. A NOX- additional calibration error test requirements system. For a NOX-diluent or SO2-diluent diluent continuous emission monitoring in section 2.1.3 of this appendix. continuous emission monitoring system, the system is considered out-of-control if the (b) Each required linearity check shall be system is considered out-of-control if either calibration error of either component monitor done according to paragraph (b)(1), (b)(2) or of the component monitors exceeds the exceeds twice the applicable performance (b)(3) of this section: applicable specification in section 3.2 of specification in appendix A to this part. (1) The linearity check may be done appendix A to this part or if the linearity test Emission data shall not be reported from an ‘‘cold,’’ i.e., with no corrective maintenance, of either component is aborted due to a out-of-control monitor. repair, calibration adjustments, re- problem with the monitor. The out-of-control (b) An out-of-control period also occurs linearization or reprogramming of the period begins with the hour of the failed or whenever interference of a flow monitor is monitor prior to the test. aborted linearity check and ends with the identified. The out-of-control period begins (2) The linearity check may be done after hour of completion of a satisfactory linearity with the hour of completion of the failed performing only the routine or non-routine check following corrective action and/or interference check and ends with the hour of calibration adjustments described in section monitor repair, unless the option in completion of an interference check that is 2.1.3 of this appendix at the various paragraph (b)(3) of this section to use the data passed. calibration gas levels (zero, low, mid or high), validation procedures and associated timelines in § 75.20(b)(3)(ii) through (ix) has 2.1.5 * * * but no other corrective maintenance, repair, re-linearization or reprogramming of the been selected, in which case the beginning 2.1.5.1 * * * monitor. Trial gas injection runs may be and end of the out-of-control period shall be (1) Data from a monitoring system are performed after the calibration adjustments determined in accordance with invalid, beginning with the first hour and additional adjustments within the §§ 75.20(b)(3)(vii)(A) and (B). Note that a following the expiration of a 26-hour data allowable limits in section 2.1.3 of this monitor shall not be considered out-of- validation period or beginning with the first appendix may be made prior to the linearity control when a linearity test is aborted for a hour following the expiration of an 8-hour check, as necessary, to optimize the reason unrelated to the monitor’s start-up grace period (as provided under performance of the monitor. The trial gas performance (e.g., a forced unit outage). section 2.1.5.2 of this appendix), if the injections need not be reported, provided (f) No more than four successive calendar required subsequent daily assessment has not that they meet the specification for trial gas quarters shall elapse after the quarter in been conducted. injections in § 75.20(b)(3)(vii)(E)(1). However, which a linearity check of a monitor or if, for any trial injection, the specification in monitoring system (or range of a monitor or * * * * * § 75.20(b)(3)(vii)(E)(1) is not met, the trial monitoring system) was last performed 2.2 Quarterly Assessments injection shall be counted as an aborted without a subsequent linearity test having For each primary and redundant backup linearity check. been conducted. If a linearity test has not monitor or monitoring system, perform the (3) The linearity check may be done after been completed by the end of the fourth following quarterly assessments. This repair, corrective maintenance or calendar quarter since the last linearity test, requirement is applies as of the calendar reprogramming of the monitor. In this case, then the linearity test must be completed quarter following the calendar quarter in the monitor shall be considered out-of- within a 168 unit operating hour or stack which the monitor or continuous emission control from the hour in which the repair, operating hour ‘‘grace period’’ (as provided monitoring system is provisionally certified. corrective maintenance or reprogramming is in section 2.2.4 of this appendix) following commenced until the linearity check has the end of the fourth successive elapsed 2.2.1 Linearity Check been passed. Alternatively, the data calendar quarter, or data from the CEMS (or Perform a linearity check, in accordance validation procedures and associated range) will become invalid. with the procedures in section 6.2 of timelines in §§ 75.20(b)(3)(ii) through (ix) (g) An out-of-control period also occurs appendix A to this part, for each primary and may be followed upon completion of the when a flow monitor sample line leak is redundant backup SO2 and NOX pollutant necessary repair, corrective maintenance, or detected. The out-of-control period begins concentration monitor and each primary and reprogramming. If the procedures in with the hour of the failed leak check and redundant backup CO2 or O2 monitor § 75.20(b)(3) are used, the words ‘‘quality ends with the hour of a satisfactory leak (including O2 monitors used to measure CO2 assurance’’ apply instead of the word check following corrective action. emissions or to continuously monitor ‘‘recertification’’. (h) For each monitoring system, report the moisture) at least once during each QA (c) Once a linearity check has been results of all completed and partial linearity operating quarter, as defined in § 72.2 of this commenced, the test shall be done hands-off. tests that affect data validation (i.e., all chapter. For units using both a low and high That is, no adjustments of the monitor are completed, passed linearity checks; all span value, a linearity check is required only permitted during the linearity test period, completed, failed linearity checks; and all on the range(s) used to record and report other than the routine calibration linearity checks aborted due to a problem emission data during the QA operating adjustments following daily calibration error with the monitor, including trial gas quarter. Conduct the linearity checks no less tests, as described in section 2.1.3 of this injections counted as failed test attempts than 30 days apart, to the extent practicable. appendix. under paragraph (b)(2) of this section or

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28647 under § 75.20(b)(3)(vii)(F)), in the quarterly operating hours, as defined in § 72.2 of this operating quarter, the results of that linearity report required under § 75.64. Note that chapter (or, for monitors installed on test or leak check may only be used to meet linearity attempts which are aborted or common stacks or bypass stacks, 168 the linearity check or leak check requirement invalidated due to problems with the consecutive stack operating hours, as defined of the previous quarter, not the quarter in reference calibration gases or due to in § 72.2 of this chapter) in which to perform which the missed linearity test or leak check operational problems with the affected a linearity test or leak check of that monitor is completed. or monitoring system (or range). The grace unit(s) need not be reported. Such partial 2.2.5 Flow-to-Load Ratio or Gross Heat Rate period begins with the first unit or stack tests do not affect the validation status of Evaluation emission data recorded by the monitor. A operating hour following the calendar quarter record of all linearity tests, trial gas injections in which the linearity test was due. Data (a) Applicability and methodology. The and test attempts (whether reported or not) validation during a linearity or leak check provisions of this section apply beginning on must be kept on-site as part of the official test grace period shall be done in accordance April 1, 2000. Unless exempted by an log for each monitoring system. with the applicable provisions in section approved petition in accordance with section 2.2.3 of this appendix. 7.8 of appendix A to this part, the owner or 2.2.4 Linearity and Leak Check Grace (b) If, at the end of the 168 unit (or stack) operator shall, for each flow rate monitoring Period operating hour grace period, the required system installed on each unit, common stack (a) When a required linearity test or flow linearity test or leak check has not been or multiple stack, evaluate the flow-to-load monitor leak check has not been completed completed, data from the monitoring system ratio quarterly, i.e., for each QA operating by the end of the QA operating quarter in (or range) shall be invalid, beginning with the quarter (as defined in § 72.2 of this chapter). which it is due or if, due to infrequent hour following the expiration of the grace At the end of each QA operating quarter, the operation of a unit or infrequent use of a period. Data from the monitoring system (or owner or operator shall use Equation B–1 to required high range of a monitor or range) remain invalid until the hour of calculate the flow-to-load ratio for every hour monitoring system, four successive calendar completion of a subsequent successful hands- during the quarter in which: the unit (or quarters have elapsed after the quarter in off linearity test or leak check of the monitor combination of units, for a common stack) which a linearity check of a monitor or or monitoring system (or range). Note that operated within ±10.0 percent of Lavg, the monitoring system (or range) was last when a linearity test or a leak check is average load during the most recent normal- performed without a subsequent linearity test conducted within a grace period for the load flow RATA; and a quality assured having been done, the owner or operator has purpose of satisfying the linearity test or leak hourly average flow rate was obtained with a grace period of 168 consecutive unit check requirement from a previous QA a certified flow rate monitor.

=Q h × −5 R h 10(.)Eq B- 1 L h

Where: unadjusted flow rates, provided that all of the (e.g., a unit with a wet SO2 scrubber), ratios are calculated the same way. For a calculate the hourly flow-to-load ratios Rh = Hourly value of the flow-to-load ratio, scfh/megawatts or scfh/1000 lb/hr of common stack, Lh shall be the sum of the separately for each stack. Round off each steam load. hourly operating loads of all units that value of Rh to two decimal places. discharge through the stack. For a unit that (2) Alternatively, the owner or operator Qh = Hourly stack gas volumetric flow rate, as measured by the flow rate monitor, discharges its emissions through multiple may calculate the hourly gross heat rates scfh. stacks (except when one of the stacks is a (GHR) in lieu of the hourly flow-to-load bypass stack) or that monitors its emissions ratios. The hourly GHR shall be determined Lh = Hourly unit load, megawatts or 1000 lb/ hr of steam; must be within ±10.0 in multiple breechings, Qh will be the only for those hours in which quality assured combined hourly volumetric flow rate for all flow rate data and diluent gas (CO2 or O2) percent of Lavg during the most recent normal-load flow RATA. of the stacks or ducts. For a unit with a concentration data are both available from a multiple stack discharge configuration certified monitor or monitoring system or (1) In Equation B–1, the owner or operator consisting of a main stack and a bypass stack, reference method. If this option is selected, may use either bias-adjusted flow rates or each of which has a certified flow monitor calculate each hourly GHR value as follows:

()Heat Input = h × ()(.)GHR h 1000Eq B- 1 a L h where: input values are determined in the same than 168 hourly flow-to-load ratios (or GHR

(GHR)h = Hourly value of the gross heat rate, manner. values) are available at any of the load levels Btu/kwh or Btu/lb steam load. (4) The owner or operator shall evaluate designated as normal, a flow-to-load (or GHR) (Heat Input)h = Hourly heat input, as the calculated hourly flow-to-load ratios (or evaluation is not required for that monitor for determined from the quality assured gross heat rates) as follows. A separate data that calendar quarter. flow rate and diluent data, using the analysis shall be performed for each primary (5) For each flow monitor, use Equation B– and each redundant backup flow rate applicable equation in appendix F to this 2 in this appendix to calculate Eh, the part, mmBtu/hr. monitor used to record and report data absolute percentage difference between each Lh = Hourly unit load, megawatts or 1000 lb/ during the quarter. Each analysis shall be hourly Rh value and Rref, the reference value ± based on a minimum of 168 recorded hourly hr of steam; must be within 10.0 of the flow-to-load ratio, as determined in percent of Lavg during the most recent average flow rates. When two RATA load normal-load flow RATA. levels are designated as normal, the analysis accordance with section 7.7 of appendix A to shall be performed at the higher load level, this part. Note that Rref shall always be based (3) In Equation B–1a, the owner or operator upon the most recent normal-load RATA, may either use bias-adjusted flow rates or unless there are fewer than 168 data points available at that load level, in which case the even if that RATA was performed in the unadjusted flow rates in the calculation of analysis shall be performed at the lower load calendar quarter being evaluated. (Heat Input)h, provided that all of the heat level. If, for a particular flow monitor, fewer

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RR− = ref h × E h 100 (Eq . B-2) R ref where: flue gases to the atmosphere through a single point data from the monitor are conditionally

Eh = Absolute percentage difference between stack, any hour in which the SO2 scrubber valid. The owner or operator then either may the hourly average flow-to-load ratio and was bypassed; complete the abbreviated flow-to-load test in the reference value of the flow-to-load (3) Any hour in which ‘‘ramping’’ section 2.2.5.3 of this appendix, or, if the ratio at normal load. occurred, i.e., the hourly load differed by corrective action taken has required ± Rh = The hourly average flow-to-load ratio, more than 15.0 percent from the load during relinearization of the flow monitor, shall for each flow rate recorded at a load level the preceding hour or the subsequent hour; perform a 3-level RATA. (4) For a unit with a multiple stack within ± 10.0 percent of Lavg. 2.2.5.2 Option 2 Rref = The reference value of the flow-to-load discharge configuration consisting of a main Perform a single-load RATA (at a load ratio from the most recent normal-load stack and a bypass stack, any hour in which designated as normal under section 6.5.2.1 of flow RATA, determined in accordance the flue gases were discharged through both appendix A to this part) of each flow monitor with section 7.7 of appendix A to this stacks; for which Ef is outside of the applicable limit. part. (5) If a normal-load flow RATA was performed and passed during the quarter Data from the monitor remain invalid until (6) Equation B–2 shall be used in a being analyzed, any hour prior to completion the required RATA has been passed. ref and Rh if consistent manner. That is, use R of that RATA; and the flow-to-load ratio is being evaluated, and 2.2.5.3 Abbreviated Flow-to-Load Test (6) If a problem with the accuracy of the use (GHR)ref and (GHR)h if the gross heat rate (a) The following abbreviated flow-to-load flow monitor was discovered during the is being evaluated. Finally, calculate Ef, the test may be performed after any documented quarter and was corrected (as evidenced by arithmetic average of all of the hourly Eh repair, component replacement, or other passing the abbreviated flow-to-load test in values. The owner or operator shall report section 2.2.5.3 of this appendix), any hour corrective maintenance to a flow monitor the results of each quarterly flow-to-load (or prior to completion of the abbreviated flow- (except for changes affecting the linearity of gross heat rate) evaluation, as determined to-load test. the flow monitor, such as adjusting the flow from Equation B–2, in the electronic (7) After identifying and excluding all non- monitor coefficients or K factor(s)) to quarterly report required under § 75.64. representative hourly data in accordance demonstrate that the repair, replacement, or (b) Acceptable results. The results of a with paragraphs (c)(1) through (6) of this other maintenance has not significantly quarterly flow-to-load (or gross heat rate) section, the owner or operator may analyze affected the monitor’s ability to accurately evaluation are acceptable, and no further the remaining data a second time. At least measure the stack gas volumetric flow rate. action is required, if the calculated value of 168 representative hourly ratios or GHR Data from the monitoring system are Ef is less than or equal to: (1) 15.0 percent, values must be available to perform the considered invalid from the hour of if Lavg for the most recent normal-load flow commencement of the repair, replacement, or ≥ ≥ analysis; otherwise, the flow-to-load (or GHR) RATA is 60 megawatts (or 500 klb/hr of analysis is not required for that monitor for maintenance until the hour in which a steam) and if unadjusted flow rates were that calendar quarter. probationary calibration error test is passed used in the calculations; or (2) 10.0 percent, following completion of the repair, (8) If, after re-analyzing the data, Ef meets if Lavg for the most recent normal-load flow replacement, or maintenance and any ≥ ≥ the applicable limit in paragraph (b)(1), RATA is 60 megawatts (or 500 klb/hr of (b)(2), (b)(3), or (b)(4) of this section, no associated adjustments to the monitor. The steam) and if bias-adjusted flow rates were abbreviated flow-to-load test shall be further action is required. If, however, Ef is used in the calculations; or (3) 20.0 percent, still above the applicable limit, the monitor completed within 168 unit operating hours of if Lavg for the most recent normal-load flow shall be declared out-of-control, beginning the probationary calibration error test (or, for RATA is <60 megawatts (or <500 klb/hr of with the first hour of the quarter following peaking units, within 30 unit operating days, steam) and if unadjusted flow rates were if that is less restrictive). Data from the the quarter in which Ef exceeded the used in the calculations; or (4) 15.0 percent, applicable limit. The owner or operator shall monitor are considered to be conditionally if Lavg for the most recent normal-load flow then either implement Option 1 in section valid (as defined in § 72.2 of this chapter), RATA is <60 megawatts (or <500 klb/hr of 2.2.5.1 of this appendix or Option 2 in beginning with the hour of the probationary steam) and if bias-adjusted flow rates were section 2.2.5.2 of this appendix. calibration error test. used in the calculations. If Ef is above these (b) Operate the unit(s) in such a way as to limits, the owner or operator shall either: 2.2.5.1 Option 1 reproduce, as closely as practicable, the exact implement Option 1 in section 2.2.5.1 of this Within two weeks of the end of the conditions at the time of the most recent appendix; or perform a RATA in accordance calendar quarter for which the Ef value is normal-load flow RATA. To achieve this, it with Option 2 in section 2.2.5.2 of this above the applicable limit, investigate and is recommended that the load be held appendix; or re-examine the hourly data used troubleshoot the applicable flow monitor(s). constant to within ±5.0 percent of the average for the flow-to-load or GHR analysis and Evaluate the results of each investigation as load during the RATA and that the diluent recalculate Ef, after excluding all non- follows: gas (CO2 or O2) concentration be maintained representative hourly flow rates. (a) If the investigation fails to uncover a within ±0.5 percent CO2 or O2 of the average (c) Recalculation of Ef. If the owner or problem with the flow monitor, a RATA shall diluent concentration during the RATA. For operator chooses to recalculate Ef, the flow be performed in accordance with Option 2 in common stacks, to the extent practicable, use rates for the following hours are considered section 2.2.5.2 of this appendix. the same combination of units and load non-representative and may be excluded (b) If a problem with the flow monitor is levels that were used during the RATA. from the data analysis: identified through the investigation When the process parameters have been set, (1) Any hour in which the type of fuel (including the need to re-linearize the record a minimum of six and a maximum of combusted was different from the fuel monitor by changing the polynomial 12 consecutive hourly average flow rates, burned during the most recent normal-load coefficients or K factor(s)), corrective actions using the flow monitor(s) for which Ef was RATA. For purposes of this determination, shall be taken. All corrective actions (e.g., outside the applicable limit. For peaking the type of fuel is different if the fuel is in non-routine maintenance, repairs, major units, a minimum of three and a maximum a different state of matter (i.e., solid, liquid, component replacements, re-linearization of of 12 consecutive hourly average flow rates or gas) than is the fuel burned during the the monitor, etc.) shall be documented in the are required. Also record the corresponding RATA or if the fuel is a different operation and maintenance records for the hourly load values and, if applicable, the classification of coal (e.g., bituminous versus monitor. Data from the monitor shall remain hourly diluent gas concentrations. Calculate sub-bituminous); invalid until a probationary calibration error the flow-to-load ratio (or GHR) for each hour (2) For a unit that is equipped with an SO2 test of the monitor is passed following in the test hour period, using Equation B–1 scrubber and which always discharges its completion of all corrective actions, at which or B–1a. Determine Eh for each hourly flow-

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Perform monitoring system mean value from the load test shall be considered acceptable, and RATA, calculated using Equation A–7 in no further action is required if the value of all required RATAs in accordance with appendix A to this part, is within ± 0.025 lb/ Ef does not exceed the applicable limit the applicable procedures and mmBtu of the reference method mean value; specified in section 2.2.5 of this appendix. provisions in sections 6.5 through (h) For a CO2 or O2 monitor, when the All conditionally valid data recorded by the 6.5.2.2 of appendix A to this part and mean difference between the reference flow monitor shall be considered quality sections 2.3.1.3 and 2.3.1.4 of this method values from the RATA and the ± assured, beginning with the hour of the appendix. corresponding monitor values is within 0.7 probationary calibration error test that percent CO2 or O2; and preceded the abbreviated flow-to-load test. 2.3.1.2 Reduced RATA Frequencies (i) When the relative accuracy of a ≤ However, if Ef is outside the applicable limit, Relative accuracy test audits of primary continuous moisture monitoring system is all conditionally valid data recorded by the and redundant backup SO2 pollutant 7.5 percent or when the mean difference flow monitor shall be considered invalid concentration monitors, CO2 pollutant between the reference method values from back to the hour of the probationary concentration monitors (including O2 the RATA and the corresponding monitoring ± calibration error test that preceded the monitors used to determine CO2 emissions), system values is within 1.0 percent H2O. abbreviated flow-to-load test, and a single- CO2 or O2 diluent monitors used to 2.3.1.3 RATA Load Levels and load RATA is required in accordance with determine heat input, moisture monitoring Additional RATA Requirements section 2.2.5.2 of this appendix. If the flow systems, NOX concentration monitoring monitor must be re-linearized, however, a 3- systems, flow monitors, NOX-diluent (a) For SO2 pollutant concentration load RATA is required. monitoring systems or SO2-diluent monitors, CO2 pollutant concentration 2.3 Semiannual and Annual Assessments monitoring systems may be performed monitors (including O2 monitors used to annually (i.e., once every four successive QA determine CO2 emissions), CO2 or O2 diluent For each primary and redundant backup operating quarters, rather than once every monitors used to determine heat input, NOX monitoring system, perform relative accuracy two successive QA operating quarters) if any concentration monitoring systems, moisture assessments either semiannually or annually, of the following conditions are met for the monitoring systems, SO2-diluent monitoring as specified in section 2.3.1.1 or 2.3.1.2 of specific monitoring system involved: systems and NOX-diluent monitoring this appendix, for the type of test and the (a) The relative accuracy during the audit systems, the required semiannual or annual performance achieved. This requirement of an SO2 or CO2 pollutant concentration RATA tests shall be done at the load level applies as of the calendar quarter following monitor (including an O2 pollutant monitor designated as normal under section 6.5.2.1 of the calendar quarter in which the monitoring used to measure CO2 using the procedures in appendix A to this part. If two load levels are system is provisionally certified. A summary appendix F to this part), or of a CO2 or O2 designated as normal, the required RATA(s) chart showing the frequency with which a diluent monitor used to determine heat may be done at either load level. relative accuracy test audit must be input, or of a NOX concentration monitoring (b) For flow monitors installed on peaking performed, depending on the accuracy system, or of a NOX-diluent monitoring units and bypass stacks, all required achieved, is located at the end of this system, or of an SO2-diluent continuous semiannual or annual relative accuracy test appendix in Figure 2. emissions monitoring system is ≤ 7.5 percent; audits shall be single-load audits at the 2.3.1 Relative Accuracy Test Audit (RATA) (b) Prior to January 1, 2000, the relative normal load, as defined in section 6.5.2.1 of accuracy during the audit of a flow monitor appendix A to this part. 2.3.1.1 Standard RATA Frequencies is ≤ 10.0 percent at each operating level (c) For all other flow monitors, the RATAs (a) Except as otherwise specified in tested; shall be performed as follows: § 75.21(a)(6) or (a)(7) or in section 2.3.1.2 of (c) On and after January 1, 2000, the (1) An annual 2-load flow RATA shall be this appendix, perform relative accuracy test relative accuracy during the audit of a flow done at the two most frequently used load audits semiannually, i.e., once every two monitor is ≤ 7.5 percent at each operating levels, as determined under section 6.5.2.1 of successive QA operating quarters (as defined level tested; appendix A to this part. (2) If the flow monitor is on a semiannual in § 72.2 of this chapter) for each primary and (d) For low flow (≤ 10.0 fps) stacks/ducts, RATA frequency, 2-load flow RATAs and redundant backup SO2 pollutant when the flow monitor fails to achieve a single-load flow RATAs at normal load may concentration monitor, flow monitor, CO2 relative accuracy ≤ 7.5 percent (10.0 percent be performed alternately. pollutant concentration monitor (including if prior to January 1, 2000) during the audit, (3) A single-load annual flow RATA, at the O2 monitors used to determine CO2 but the monitor mean value, calculated using most frequently used load level, may be emissions), CO2 or O2 diluent monitor used Equation A–7 in appendix A to this part and to determine heat input, moisture monitoring performed in lieu of the 2-load RATA if the converted back to an equivalent velocity in results of an historical load data analysis system, NOX concentration monitoring ± standard feet per second (fps), is within 1.5 show that in the time period extending from system, NOX-diluent continuous emission fps of the reference method mean value, the ending date of the last annual flow RATA monitoring system, or SO2-diluent converted to an equivalent velocity in fps; to a date that is no more than 7 days prior continuous emission monitoring system. A (e) For low SO2 or NOX emitting units to the date of the current annual flow RATA, ≤ calendar quarter that does not qualify as a (average SO2 or NOX concentrations 250 the unit has operated at a single load level QA operating quarter shall be excluded in ppm, when an SO2 pollutant concentration (low, mid or high) for ≥ 85.0 percent of the determining the deadline for the next RATA. monitor or NOX concentration monitoring time. * * * ≤ No more than eight successive calendar system fails to achieve a relative accuracy (4) A 3-load RATA, at the low-, mid-, and quarters shall elapse after the quarter in 7.5 percent during the audit, but the monitor high-load levels, determined under section which a RATA was last performed without mean value from the RATA is within ± 12 6.5.2.1 of appendix A to this part, shall be a subsequent RATA having been conducted. ppm of the reference method mean value; performed at least once in every period of If a RATA has not been completed by the end (f) For units with low NOX emission rates five consecutive calendar years. of the eighth calendar quarter since the (average NOX emission rate ≤ 0.200 lb/ (5) A 3-load RATA is required whenever a quarter of the last RATA, then the RATA mmBtu), when a NOX-diluent continuous flow monitor is re-linearized, i.e., when its must be completed within a 720 unit (or emission monitoring system fails to achieve polynomial coefficients or K factor(s) are stack) operating hour grace period (as a relative accuracy ≤ 7.5 percent, but the changed. provided in section 2.3.3 of this appendix) monitoring system mean value from the (6) For all multi-level flow audits, the audit following the end of the eighth successive RATA, calculated using Equation A–7 in points at adjacent load levels (e.g., mid and elapsed calendar quarter, or data from the appendix A to this part, is within ± 0.015 lb/ high) shall be separated by no less than 25.0 CEMS will become invalid. mmBtu of the reference method mean value; percent of the ‘‘range of operation,’’ as (b) The relative accuracy test audit (g) For units with low SO2 emission rates defined in section 6.5.2.1 of appendix A to frequency of a CEMS may be reduced, (average SO2 emission rate ≤ 0.500 lb/ this part.

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(d) A RATA of a moisture monitoring flow monitor audits, no linearization or CO2 emissions) which also serves as the system shall be performed whenever the reprogramming of the monitor is permitted in diluent component in a NOX-diluent (or SO2- coefficient, K factor or mathematical between load levels. diluent) monitoring system, if the CO2 (or O2) algorithm determined under section 6.5.7 of (d) For single-load RATAs, if a daily RATA is failed, then both the CO2 (or O2) appendix A to this part is changed. calibration error test is failed during a RATA monitor and the associated NOX-diluent (or 2.3.1.4 Number of RATA Attempts test period, prior to completing the test, the SO2-diluent) system are considered out-of- RATA must be repeated. Data from the control, beginning with the hour of The owner or operator may perform as monitor are invalidated prospectively from completion of the failed CO2 (or O2) monitor many RATA attempts as are necessary to the hour of the failed calibration error test RATA, and continuing until the hour of achieve the desired relative accuracy test until the hour of completion of a subsequent completion of subsequent hands-off RATAs audit frequencies and/or bias adjustment successful calibration error test. The which demonstrate that both systems have factors. However, the data validation subsequent RATA shall not be commenced met the applicable relative accuracy procedures in section 2.3.2 of this appendix until the monitor has successfully passed a specifications in sections 3.3.2 and 3.3.3 of must be followed. calibration error test in accordance with appendix A to this part, unless the option in 2.3.2 Data Validation section 2.1.3 of this appendix. For multiple- paragraph (b)(3) of this section to use the data (a) A RATA shall not commence if the load flow RATAs, each load level is treated validation procedures and associated monitoring system is operating out-of-control as a separate RATA (i.e., when a calibration timelines in §§ 75.20(b)(3)(ii) through with respect to any of the daily and quarterly error test is failed prior to completing the (b)(3)(ix) has been selected, in which case the quality assurance assessments required by RATA at a particular load level, only the beginning and end of the out-of-control sections 2.1 and 2.2 of this appendix or with RATA at that load level must be repeated; the period shall be determined in accordance respect to the additional calibration error test results of any previously-passed RATA(s) at with §§ 75.20(b)(3)(vii) (A) and (B). requirements in section 2.1.3 of this the other load level(s) are unaffected, unless (h) For each monitoring system, report the appendix. re-linearization of the monitor is required to results of all completed and partial RATAs (b) Each required RATA shall be done correct the problem that caused the that affect data validation (i.e., all completed, according to paragraphs (b)(1), (b)(2) or (b)(3) calibration failure, in which case a passed RATAs; all completed, failed RATAs; of this section: subsequent 3-load RATA is required). and all RATAs aborted due to a problem with (1) The RATA may be done ‘‘cold,’’ i.e., (e) If a RATA is failed (that is, if the the CEMS, including trial RATA runs with no corrective maintenance, repair, relative accuracy exceeds the applicable counted as failed test attempts under calibration adjustments, re-linearization or specification in section 3.3 of appendix A to paragraph (b)(2) of this section or under reprogramming of the monitoring system this part) or if the RATA is aborted prior to § 75.20(b)(3)(vii)(F)) in the quarterly report prior to the test. completion due to a problem with the CEMS, required under § 75.64. Note that RATA (2) The RATA may be done after then the CEMS is out-of-control and all attempts that are aborted or invalidated due performing only the routine or non-routine emission data from the CEMS are invalidated to problems with the reference method or calibration adjustments described in section prospectively from the hour in which the due to operational problems with the affected 2.1.3 of this appendix at the zero and/or RATA is failed or aborted. Data from the unit(s) need not be reported. Such runs do upscale calibration gas levels, but no other CEMS remain invalid until the hour of not affect the validation status of emission corrective maintenance, repair, re- completion of a subsequent RATA that meets data recorded by the CEMS. However, a linearization or reprogramming of the the applicable specification in section 3.3 of record of all RATAs, trial RATA runs and monitoring system. Trial RATA runs may be appendix A to this part, unless the option in RATA attempts (whether reported or not) performed after the calibration adjustments paragraph (b)(3) of this section to use the data must be kept on-site as part of the official test and additional adjustments within the validation procedures and associated log for each monitoring system. allowable limits in section 2.1.3 of this timelines in §§ 75.20(b)(3)(ii) through (i) Each time that a hands-off RATA of an appendix may be made prior to the RATA, (b)(3)(ix) has been selected, in which case the SO2 pollutant concentration monitor, a NOX- as necessary, to optimize the performance of beginning and end of the out-of-control diluent monitoring system, a NOX the CEMS. The trial RATA runs need not be period shall be determined in accordance concentration monitoring system or a flow reported, provided that they meet the with § 75.20(b)(3)(vii)(A) and (B). Note that a monitor is passed, perform a bias test in specification for trial RATA runs in monitoring system shall not be considered accordance with section 7.6.4 of appendix A § 75.20(b)(3)(vii)(E)(2). However, if, for any out-of-control when a RATA is aborted for a to this part. Apply the appropriate bias trial run, the specification in reason other than monitoring system adjustment factor to the reported SO2, NOX, § 75.20(b)(3)(vii)(E)(2) is not met, the trial run malfunction (see paragraph (h) of this or flow rate data, in accordance with section shall be counted as an aborted RATA section). 7.6.5 of appendix A to this part. attempt. (f) For a 2-level or 3-level flow RATA, if, (j) Failure of the bias test does not result (3) The RATA may be done after repair, at any load level, a RATA is failed or aborted in the monitoring system being out-of- corrective maintenance, re-linearization or due to a problem with the flow monitor, the control. reprogramming of the monitoring system. In RATA at that load level must be repeated. 2.3.3 RATA Grace Period this case, the monitoring system shall be The flow monitor is considered out-of- (a) The owner or operator has a grace considered out-of-control from the hour in control and data from the monitor are period of 720 consecutive unit operating which the repair, corrective maintenance, re- invalidated from the hour in which the test hours, as defined in § 72.2 of this chapter (or, linearization or reprogramming is is failed or aborted and remain invalid until for CEMS installed on common stacks or commenced until the RATA has been passed. the passing of a RATA at the failed load bypass stacks, 720 consecutive stack Alternatively, the data validation procedures level, unless the option in paragraph (b)(3) of operating hours, as defined in § 72.2 of this and associated timelines in §§ 75.20(b)(3)(ii) this section to use the data validation chapter), in which to complete the required through (ix) may be followed upon procedures and associated timelines in RATA for a particular CEMS whenever: a completion of the necessary repair, corrective § 75.20(b)(3)(ii) through (b)(3)(ix) has been required RATA has not been performed by maintenance, re-linearization or selected, in which case the beginning and the end of the QA operating quarter in which reprogramming. If the procedures in end of the out-of-control period shall be it is due; or five consecutive calendar years § 75.20(b)(3) are used, the words ‘‘quality determined in accordance with have elapsed without a required 3-load flow assurance’’ apply instead of the word § 75.20(b)(3)(vii)(A) and (B). Flow RATA(s) RATA having been conducted; or for a unit ‘‘recertification.’’ that were previously passed at the other load which is conditionally exempted under (c) Once a RATA is commenced, the test level(s) do not have to be repeated unless the § 75.21(a)(7) from the SO2 RATA must be done hands-off. No adjustment of the flow monitor must be re-linearized following requirements of this part, an SO2 RATA has monitor’s calibration is permitted during the the failed or aborted test. If the flow monitor not been completed by the end of the RATA test period, other than the routine is re-linearized, a subsequent 3-load RATA is calendar quarter in which the annual usage calibration adjustments following daily required. of fuel(s) with a sulfur content higher than calibration error tests, as described in section (g) For a CO2 pollutant concentration very low sulfur fuel(as defined in § 72.2 of 2.1.3 of this appendix. For 2-level and 3-level monitor (or an O2 monitor used to measure this chapter) exceeds 480 hours; or eight

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When a quality operation of the unit(s) or frequent assurance test is done for the dual purpose combustion of very low sulfur fuel, as Except as otherwise specified in section of recertification and routine quality 7.6.5 of appendix A to this part, if an SO2 defined in § 72.2 of this chapter (SO2 assurance, the applicable data validation pollutant concentration monitor, flow monitors, only), or a combination of these procedures in § 75.20(b)(3) shall be followed. monitor, NOX continuous emission factors. (b) Except as provided in section 2.3.3 of monitoring system, or NOX concentration (b) Except for SO2 monitoring system this appendix, whenever a passing RATA of RATAs, the grace period shall begin with the monitoring system used to calculate NOX a gas monitor or a passing 2-load or 3-load first unit (or stack) operating hour following mass emissions fails the bias test specified in RATA of a flow monitor is performed the calendar quarter in which the required section 7.6 of appendix A to this part, use the (irrespective of whether the RATA is done to RATA was due. For SO2 monitor RATAs, the bias adjustment factor given in Equations A– grace period shall begin with the first unit (or 11 and A–12 of appendix A to this part to satisfy a recertification requirement or to stack) operating hour in which fuel with a adjust the monitored data. meet the quality assurance requirements of this appendix, or both), the RATA frequency total sulfur content higher than that of very 2.4 Recertification, Quality Assurance, low sulfur fuel (as defined in § 72.2 of this (semi-annual or annual) shall be established RATA Frequency and Bias Adjustment based upon the date and time of completion chapter) is burned in the unit(s), following Factors (Special Considerations) the quarter in which the required RATA is of the RATA and the relative accuracy due. Data validation during a RATA grace (a) When a significant change is made to percentage obtained. For 2-load and 3-load period shall be done in accordance with the a monitoring system such that recertification flow RATAs, use the highest percentage applicable provisions in section 2.3.2 of this of the monitoring system is required in relative accuracy at any of the loads to appendix. accordance with § 75.20(b), a recertification determine the RATA frequency. The results (c) If, at the end of the 720 unit (or stack) test (or tests) must be performed to ensure of a single-load flow RATA may be used to operating hour grace period, the RATA has that the CEMS continues to generate valid establish the RATA frequency when the not been completed, data from the data. In all recertifications, a RATA will be single-load flow RATA is specifically monitoring system shall be invalid, one of the required tests; for some required under section 2.3.1.3(b) of this beginning with the first unit operating hour recertifications, other tests will also be appendix (for flow monitors installed on following the expiration of the grace period. required. A recertification test may be used peaking units and bypass stacks) or when the Data from the CEMS remain invalid until the to satisfy the quality assurance test single-load RATA is allowed under section hour of completion of a subsequent hands-off requirement of this appendix. For example, 2.3.1.3(c) of this appendix for a unit that has RATA. Note that when a RATA (or RATAs, if, for a particular change made to a CEMS, operated at the most frequently used load if more than one attempt is made) is done one of the required recertification tests is a level for ≥85.0 percent of the time since the during a grace period in order to satisfy a linearity check and the linearity check is last annual flow RATA. No other single-load RATA requirement from a previous quarter, successful, then, unless another such flow RATA may be used to establish an the deadline for the next RATA shall be recertification event occurs in that same QA annual RATA frequency; however, a 2-load determined from the quarter in which the operating quarter, it would not be necessary or 3-load flow RATA may be performed at RATA was due, not from the quarter in to perform an additional linearity test of the any time or in place of any required single- which the RATA is actually completed. CEMS in that quarter to meet the quality load RATA, in order to establish an annual However, if a RATA deadline determined in assurance requirement of section 2.2.1 of this RATA frequency. this manner is less than two QA operating appendix. For this reason, EPA recommends quarters from the quarter in which the that owners or operators coordinate 2.5 Other Audits missed RATA is completed , the RATA component replacements, system upgrades, * * * * *

FIGURE 1 TO APPENDIX B OF PART 75ÐQuality Assurance Test Requirements.

QA test frequency requirements Test Daily* Quarterly* Semiannual*

Calibration Error (2 pt.) ...... Interference (flow) ...... Flow-to-Load Ratio ...... Leak Check (DP flow monitors) ...... Linearity (3 pt.) ...... 1 RATA (SO2, NOX, CO2, H2O) ...... RATA (flow)1,2 ...... -For monitors on bypass stack/duct, ``daily'' means bypass operating days, only. ``Quarterly'' means once every QA operating quarter. ``Semi- annual'' means once every two QA operating quarters. 1 Conduct RATA annually (i.e., once every four QA operating quarters), if monitor meets accuracy requirements to qualify for less frequent test- ing. 2 For flow monitors installed on peaking units and bypass stacks, conduct all RATAs at a single, normal load. For other flow monitors, conduct annual RATAs at the two load levels used most frequently since the last annual RATA. Alternating single-load and 2-load RATAs may be done if a monitor is on a semiannual frequency. A single-load RATA may be done in lieu of a 2-load RATA if, since the last annual flow RATA, the unit has operated at one load level for ≥85.0 percent of the time. A 3-load RATA is required at least once in every period of five consecutive calendar years and whenever a flow monitor is re-linearized.

FIGURE 2 TO APPENDIX B OF PART 75ÐRELATIVE ACCURACY TEST FREQUENCY INCENTIVE SYSTEM .

RATA Semiannual 1 (percent) Annual 1

3 2 2 SO2 or NOX ...... 7.5%

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FIGURE 2 TO APPENDIX B OF PART 75ÐRELATIVE ACCURACY TEST FREQUENCY INCENTIVE SYSTEM .ÐContinued

RATA Semiannual 1 (percent) Annual 1

lb/mmBtu 2 ...... lb/mmBtu 2. Flow (Phase I) ...... 10.0% < RA ≤ 15.0% or ± 1.5 fps 2 ...... RA ≤ 10.0%. Flow (Phase II) ...... 7.5% < RA ≤ 10.0% or ± 1.5 fps 2 ...... RA ≤ 7.5%. 2 2 CO2 or O2 ...... 7.5% < RA ≤ 10.0% or ± 1.0% CO2/O2 ...... RA ≤ 7.5% or ± 0.7% CO2/O2 . 2 Moisture ...... 7.5% < RA ≤ 10.0% or ± 1.5% H2O2 ...... RA ≤ 7.5% or ± 1.0% H2O . 1 The deadline for the next RATA is the end of the second (if semiannual) or fourth (if annual) successive QA operating quarter following the quarter in which the CEMS was last tested. Exclude calendar quarters with fewer than 168 unit operating hours (or, for common stacks and by- pass stacks, exclude quarters with fewer than 168 stack operating hours) in determining the RATA deadline. For SO2 monitors, QA operating quarters in which only very low sulfur fuel as defined in § 72.2, is combusted may also be excluded. However, the exclusion of calendar quarters is limited as follows: the deadline for the next RATA shall be no more than 8 calendar quarters after the quarter in which a RATA was last per- formed. 2 The difference between monitor and reference method mean values applies to moisture monitors, CO2, and O2 monitors, low emitters, or low flow, only. 3 A NOX concentration monitoring system used to determine NO2 mass emissions under § 75.71.

Appendix C To Part 75—Missing Data TABLE C±1.ÐDEFINITION OF OPER- 2.2.3.9 Average of the hourly NOX Statistical Estimation Procedures ATING LOAD RANGES FOR LOAD- pollutant concentrations, in ppm, reported by a NOX concentration monitoring system used 62.–63. Appendix C to part 75 is amended BASED UBSTITUTION ATA ROCE S D P - to determine NOX mass emissions, as defined by revising sections 2.1, 2.2.1, 2.2.2, 2.2.3, DURES in § 75.71(a)(2). and 2.2.5, and by revising section 2.2.3.9 to read as follows: * * * * * Percent of 2.2.5 When a bias adjustment is necessary maximum 2. Load-Based Procedure for Missing Flow for the flow monitor and/or the NOX-diluent hourly gross continuous emission monitoring system Rate and NOX Emission Rate Data load or max- Operating load range (and/or the NOX concentration monitoring 2.1 Applicability imum hourly gross steam system used to determine NOX mass This procedure is applicable for data from load (per- emissions, as defined in § 75.71(a)(2)), apply all affected units for use in accordance with cent) the adjustment factor to all monitor or the provisions of this part to provide continuous emission monitoring system data values placed in the load ranges. substitute data for volumetric flow rate (scfh), 1 ...... 0±10 2 ...... >10±20 NOX emission rate (in lb/mmBtu) from NOX- * * * * * 3 ...... >20±30 diluent continuous emission monitoring 4 ...... >30±40 Appendix D To Part 75—Optional SO2 systems, and NOX concentration data (in 5 ...... >40±50 Emissions Data Protocol for Gas-Fired and ppm) from NOx concentration monitoring 6 ...... >50±60 Oil-Fired Units systems used to determine NOX mass 7 ...... >60±70 64. Appendix D to part 75 is amended by emissions. 8 ...... >70±80 revising section 1.1 to read as follows: 2.2 * * * 9 ...... >80±90 1. Applicability 2.2.1 For a single unit, establish ten 10 ...... >90 operating load ranges defined in terms of 1.1 This protocol may be used in lieu of percent of the maximum hourly average gross 2.2.2 Beginning with the first hour of unit continuous SO2 pollutant concentration and flow monitors for the purpose of determining load of the unit, in gross megawatts (MWge), operation after installation and certification hourly SO2 mass emissions and heat input of the flow monitor or the NOX-diluent as shown in Table C–1. (Do not use from: gas-fired units, as defined in § 72.2 of continuous emission monitoring system (or a integrated hourly gross load in MW-hr.) For this chapter, or oil-fired units, as defined in NOX concentration monitoring system used units sharing a common stack monitored § 72.2 of this chapter. Section 2.1 of this to determine NOX mass emissions, as defined with a single flow monitor, the load ranges appendix provides procedures for measuring in § 75.71(a)(2)), for each hour of unit for flow (but not for NOX) may be broken oil or gaseous fuel flow using a fuel operation record a number, 1 through 10, (or down into 20 operating load ranges in flowmeter, section 2.2 of this appendix 1 through 20 for flow at common stacks) that provides procedures for conducting oil increments of 5.0 percent of the combined identifies the operating load range maximum hourly average gross load of all sampling and analysis to determine sulfur corresponding to the integrated hourly gross content and gross calorific value (GCV) of units utilizing the common stack. If this load of the unit(s) recorded for each unit fuel oil, and section 2.3 of this appendix option is selected, the twentieth (uppermost) operating hour. provides procedures for determining the operating load range shall include all values 2.2.3 Beginning with the first hour of unit sulfur content and GCV of gaseous fuels. operation after installation and certification greater than 95.0 percent of the maximum * * * * * of the flow monitor or the NOX-diluent hourly average gross load. For a cogenerating 65. Appendix D to part 75 is further continuous emission monitoring system (or a unit or other unit at which some portion of amended by: NOX concentration monitoring system used the heat input is not used to produce a. Revising sections 2.1 and 2.1.1; to determine NOX mass emissions, as defined electricity or for a unit for which hourly b. Addding sections 2.1.1.1 through 2.1.1.3; in § 75.71(a)(2)) and continuing thereafter, average gross load in MWge is not recorded c. Revising sections 2.1.2 through 2.1.4; the data acquisition and handling system d. Adding sections 2.1.4.1 through 2.1.4.3; separately, use the hourly gross steam load of must be capable of calculating and recording e. Revising sections 2.1.5 through 2.1.5.2; the unit, in pounds of steam per hour at the the following information for each unit ° f. Adding sections 2.1.5.3 through 2.1.5.4; measured temperature ( F) and pressure operating hour of missing flow or NOX data (psia) instead of MWge. Indicate a change in g. Revising sections 2.1.6 through 2.1.6.2; within each identified load range during the h. Adding sections 2.1.6.3 through 2.1.7.5; the number of load ranges or the units of shorter of: (a) the previous 2,160 quality i. Revising sections 2.2 and 2.2.1; loads to be used in the precertification assured monitor operating hours (on a rolling j. Removing sections 2.2.1.1 and 2.2.1.2; section of the monitoring plan. basis), or (b) all previous quality assured k. Removing and reserving section 2.2.2; monitor operating hours. l. Revising sections 2.2.3 and 2.2.4; * * * * * m. Adding sections 2.2.4.1 through 2.2.4.3;

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n. Revising the first sentence of section 2.1.2.1 Measure the fuel flow rate in the subsidiaries or affiliates of the same 2.2.6; common pipe, and combine SO2 mass company; o. Revising sections 2.2.8 and 2.3 through emissions for the affected units for (b) The designated representative reports 2.3.2.1; recordkeeping and compliance purposes; or hourly records of gas or oil flow rate, heat p. Adding sections 2.3.2.1.1 and 2.3.2.1.2; 2.1.2.2 Provide information satisfactory to input rate, and emissions due to combustion q. Revising section 2.3.2.2; the Administrator on methods for of natural gas or oil; r. Adding sections 2.3.2.3 through 2.3.6; apportioning SO2 mass emissions and heat (c) The designated representative also s. Revising section 2.4.1; input to each of the affected units reports hourly records of heat input rate for t. Removing section 2.4.2, and demonstrating that the method ensures each unit, if the gas or oil flowmeter is on redesignating sections 2.4.3, 2.4.3.1, 2.4.3.2, complete and accurate accounting of the a common pipe header, consistent with 2.4.3.3 and 2.4.4 as sections 2.4.2, 2.4.2.1, actual emissions from each of the affected section 2.1.2 of this appendix; 2.4.2.2, 2.4.2.3 and 2.4.3, respectively; and units included in the apportionment and all (d) The designated representative reports u. Revising newly redesignated sections emissions regulated under this part. The hourly records directly from the gas or oil 2.4.2, 2.4.2.1, and 2.4.2.3 to read as follows: information shall be provided to the flowmeter used for commercial billing if 2. Procedure Administrator through a petition submitted these records are the values used, without by the designated representative under adjustment, for commercial billing, or reports 2.1 Fuel Flowmeter Measurements § 75.66. Satisfactory information includes: hourly records using the missing data For each hour when the unit is combusting the proposed apportionment, using fuel flow procedures of section 2.4 of this appendix if fuel, measure and record the flow rate of fuel measurements; the ratio of hourly integrated these records are not the values used, combusted by the unit, except as provided in gross load (in MWe-hr) in each unit to the without adjustment, for commercial billing; section 2.1.4 of this appendix. Measure the total load for all units receiving fuel from the and flow rate of fuel with an in-line fuel common pipe header, or the ratio of hourly (e) The designated representative identifies flowmeter, and automatically record the data steam flow (in 1000 lb) at each unit to the the gas or oil flowmeter in the unit’s with a data acquisition and handling system, total steam flow for all units receiving fuel monitoring plan. except as provided in section 2.1.4 of this from the common pipe header (see section 2.1.4.3 Emergency Fuel appendix. 3.4.3 of this appendix); and documentation The designated representative of a unit that 2.1.1 Measure the flow rate of each fuel that shows the provisions of sections 2.1.5 is restricted by its Federal, State or local entering and being combusted by the unit. If, and 2.1.6 of this appendix have been met for permit to combusting a particular fuel only on an annual basis, more than 5.0 percent of the fuel flowmeter used in the during emergencies where the primary fuel is the fuel from the main pipe is diverted from apportionment. not available is exempt from certifying a fuel the unit without being burned and that 2.1.3 For a gas-fired unit or an oil-fired diversion occurs downstream of the fuel flowmeter for use during combustion of the unit that continuously or frequently emergency fuel. During any hour in which flowmeter, an additional in-line fuel combusts a supplemental fuel for flame flowmeter is required to account for the the emergency fuel is combusted, report the stabilization or safety purposes, measure the hourly heat input to be the maximum rated unburned fuel. In this case, record the flow flow rate of the supplemental fuel with a fuel rate of each fuel combusted by the unit as the heat input of the unit for the fuel. flowmeter meeting the requirements of this Additionally, begin sampling the emergency difference between the flow measured in the appendix. pipe leading to the unit and the flow in the fuel for sulfur content only using the pipe diverting fuel away from the unit. 2.1.4 Situations in Which Certified procedures under section 2.2 (for oil) or 2.3 However, the additional fuel flowmeter is not Flowmeter is Not Required (for gas) of this appendix. The designated representative shall also provide notice required if, on an annual basis, the total 2.1.4.1 Start-up or Ignition Fuel amount of fuel diverted away from the unit, under § 75.61(a)(6)(ii) for each period when expressed as a percentage of the total annual For an oil-fired unit that uses gas solely for the emergency fuel is combusted. fuel usage by the unit is demonstrated to be start-up or burner ignition or a gas-fired unit 2.1.5 Initial Certification Requirement for less than or equal to 5.0 percent. The owner that uses oil solely for start-up or burner all Fuel Flowmeters or operator may make this demonstration in ignition, a flowmeter for the start-up fuel is the following manner: not required. Estimate the volume of oil For the purposes of initial certification, 2.1.1.1 For existing units with fuel usage combusted for each start-up or ignition either each fuel flowmeter used to meet the data from fuel flowmeters, if data are by using a fuel flowmeter or by using the requirements of this protocol shall meet a submitted from a previous year dimensions of the storage container and flowmeter accuracy of 2.0 percent of the demonstrating that the total diverted yearly measuring the depth of the fuel in the storage upper range value (i.e. maximum calibrated fuel does not exceed 5% of the total fuel container before and after each start-up or fuel flow rate) across the range of fuel flow used; or ignition. A fuel flowmeter used solely for rate to be measured at the unit. Flowmeter 2.1.1.2 For new units which do not have start-up or ignition fuel is not subject to the accuracy may be determined under section historical data, if a letter is submitted signed calibration requirements of sections 2.1.5 and 2.1.5.1 of this appendix for initial by the designated representative certifying 2.1.6 of this appendix. Gas combusted solely certification in any of the following ways (as that, in the future, the diverted fuel will not for start-up or burner ignition does not need applicable): by design or by measurement exceed 5.0% of the total annual fuel usage ; to be measured separately. under laboratory conditions; by the or manufacturer; by an independent laboratory; 2.1.4.2 Gas or Oil Flowmeter Used for 2.1.1.3 By using a method approved by or by the owner or operator. Flowmeter Commercial Billing the Administrator under § 75.66(d). accuracy may also be determined under 2.1.2 Install and use fuel flowmeters A gas or oil flowmeter used for commercial section 2.1.5.2 of this appendix by meeting the requirements of this appendix in billing of natural gas or oil may be used to measurement against a NIST traceable a pipe going to each unit, or install and use measure, record, and report hourly fuel flow reference method. a fuel flowmeter in a common pipe header rate. A gas or oil flowmeter used for 2.1.5.1 Use the procedures in the (i.e., a pipe carrying fuel for multiple units). commercial billing of natural gas or oil is not following standards to verify flowmeter However, the use of a fuel flowmeter in a required to meet the certification accuracy or design, as appropriate to the type common pipe header and the provisions of requirements of section 2.1.5 of this of flowmeter: ASME MFC–3M–1989 with sections 2.1.2.1 and 2.1.2.2 of this appendix appendix or the quality assurance September 1990 Errata (‘‘Measurement of are not applicable to any unit that is using requirements of section 2.1.6 of this Fluid Flow in Pipes Using Orifice, Nozzle, the provisions of subpart H of this part to appendix under the following circumstances: and Venturi’’); ASME MFC–4M–1986 monitor, record, and report NOX mass (a) The gas or oil flowmeter is used for (Reaffirmed 1990), ‘‘Measurement of Gas emissions under a state or federal NOX mass commercial billing under a contract, Flow by Turbine Meters;’’ American Gas emission reduction program. For all other provided that the company providing the gas Association Report No. 3, ‘‘Orifice Metering units, if the fuel flowmeter is installed in a or oil under the contract and each unit of Natural Gas and Other Related common pipe header, do one of the combusting the gas or oil do not have any Hydrocarbon Fluids Part 1: General following: common owners and are not owned by Equations and Uncertainty Guidelines’’

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(October 1990 Edition), Part 2: ‘‘Specification 2.1.5.2 (a) Alternatively, determine the A=Average of the three measurements of the and Installation Requirements’’ (February flowmeter accuracy of a fuel flowmeter used flowmeter being tested. 1991 Edition), and Part 3: ‘‘Natural Gas for the purposes of this part by comparing it URV=Upper range value of fuel flowmeter Applications’’ (August 1992 edition) to the measured flow from a reference being tested (i.e. maximum measurable (excluding the modified flow-calculation flowmeter which has been either designed flow). method in part 3); Section 8, Calibration from according to the specifications of American (c) Notwithstanding the requirement for American Gas Association Transmission Gas Association Report No. 3 or ASME MFC– calibration of the reference flowmeter within Measurement Committee Report No. 7: 3M–1989, as cited in section 2.1.5.1 of this 365 days prior to an accuracy test, when an Measurement of Gas by Turbine Meters appendix, or tested for accuracy during the in-place reference meter or prover is used for (Second Revision, April, 1996); ASME MFC– previous 365 days, using a standard listed in quality assurance under section 2.1.6 of this 5M–1985 (‘‘Measurement of Liquid Flow in section 2.1.5.1 of this appendix or other appendix, the reference meter calibration Closed Conduits Using Transit-Time procedure approved by the Administrator requirement may be waived if, during the Ultrasonic Flowmeters’’); ASME MFC–6M– under § 75.66 (all standards incorporated by previous in-place accuracy test with that 1987 with June 1987 Errata (‘‘Measurement of reference under § 75.6). Any secondary reference meter, the reference flowmeter and Fluid Flow in Pipes Using Vortex Flow the flowmeter being tested agreed to within elements, such as pressure and temperature Meters’’); ASME MFC–7M–1987 (Reaffirmed ±1.0 percent of each other at all levels tested. transmitters, must be calibrated immediately 1992), ‘‘Measurement of Gas Flow by Means This exception to calibration and flowmeter prior to the comparison. Perform the of Critical Flow Venturi Nozzles;’’ ISO 8316: accuracy testing requirements for the 1987(E) ‘‘Measurement of Liquid Flow in comparison over a period of no more than reference flowmeter shall apply for periods of Closed Conduits—Method by Collection of seven consecutive unit operating days. no longer than five consecutive years (i.e., 20 the Liquid in a Volumetric Tank;’’ American Compare the average of three fuel flow rate consecutive calendar quarters). Petroleum Institute (API) Section 2, readings over 20 minutes or longer for each 2.1.5.3 If the flowmeter accuracy exceeds ‘‘Conventional Pipe Provers’’, Section 3, meter at each of three different flow rate the specification in section 2.1.5 of this ‘‘Small Volume Provers’’, and Section 5, levels. The three flow rate levels shall appendix, the flowmeter does not qualify for ‘‘Master-Meter Provers’’, from Chapter 4 of correspond to: use for this appendix. Either recalibrate the the Manual of Petroleum Measurement (1) Normal full unit operating load, flowmeter until the flowmeter accuracy is Standards, October 1988 (Reaffirmed 1993); (2) Normal minimum unit operating load, within the performance specification, or or ASME MFC–9M–1988 with December (3) A load point approximately equally replace the flowmeter with another one that 1989 Errata (‘‘Measurement of Liquid Flow in spaced between the full and minimum unit is demonstrated to meet the performance Closed Conduits by Weighing Method’’), for operating loads, and specification. Substitute for fuel flow rate all other flowmeter types (incorporated by (4) Calculate the flowmeter accuracy at using the missing data procedures in section reference under § 75.6). The Administrator each of the three flow levels using the 2.4.2 of this appendix until quality assured may also approve other procedures that use following equation: fuel flow data become available. equipment traceable to National Institute of 2.1.5.4 For purposes of initial Standards and Technology standards. RA− certification, when a flowmeter is tested Document such procedures, the equipment ACC = ×100 (Eq . D-1) against a reference fuel flow rate (i.e., fuel used, and the accuracy of the procedures in URV flow rate from another fuel flowmeter under the monitoring plan for the unit, and submit Where: section 2.1.5.2 of this appendix or flow rate a petition signed by the designated ACC=Flowmeter accuracy at a particular load from a procedure performed according to a representative under § 75.66(c). If the level, as a percentage of the upper range standard incorporated by reference under flowmeter accuracy exceeds 2.0 percent of value. section 2.1.5.1 of this appendix), report the the upper range value, the flowmeter does R=Average of the three flow measurements of results of flowmeter accuracy tests using the not qualify for use under this part. the reference flowmeter. following Table D–1.

TABLE D±1.ÐTABLE OF FLOWMETER ACCURACY RESULTS

Test number:llll Test completion date 1:llllllllll Test completion time 1:llllll Reinstallation date 2 (for testing under 2.1.5.1 only):llllllllll Reinstallation time 2:llllll Unit or pipe ID: Component/System ID: Flowmeter serial number: Upper range value: Units of measure for flowmeter and reference flow readings:

Percent Time of run Candidate Reference accuracy Measurement level (percent of URV) Run No. (HHMM) flowmeter flow reading (percent of reading URV)

Low (Minimum) level ...... 1 ...... ll percent 3 of URV ...... 2 ...... 3 ...... Average ...... Mid-level ...... 1 ...... ll percent 3 of URV ...... 2 ...... 3 ...... Average ...... High (Maximum) level ...... 1 ...... ll percent 3 of URV ...... 2 ...... 3 ...... Average ...... 1 Report the date, hour, and minute that all test runs were completed. 2 For laboratory tests not performed inline, report the date and hour that the fuel flowmeter was reinstalled following the test. 3 It is required to test at least at three different levels: (1) normal full unit operating load, (2) normal minimum unit operating load, and (3) a load point approximately equally spaced between the full and minimum unit operating loads.

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2.1.6 Quality Assurance transmitter accuracy test and primary (c) If each transmitter or transducer meets ± (a) Test the accuracy of each fuel flowmeter element inspection, where applicable. an accuracy of 1.0 percent of its full-scale prior to use under this part and at least once 2.1.6.1 Transmitter or Transducer Accuracy range at each level tested, the fuel flowmeter every four fuel flowmeter QA operating Test for Orifice-, Nozzle-, and Venturi-Type accuracy of 2.0 percent is considered to be quarters, as defined in § 72.2 of this chapter, Flowmeters met at all levels. If, however, one or more of thereafter. Notwithstanding these (a) Calibrate the differential pressure the transmitters or transducers does not meet ± requirements, no more than 20 successive transmitter or transducer, static pressure an accuracy of 1.0 percent of full-scale at calendar quarters shall elapse after the transmitter or transducer, and temperature a particular level, then the owner or operator quarter in which a fuel flowmeter was last transmitter or transducer, as applicable, may demonstrate that the fuel flowmeter tested for accuracy without a subsequent using equipment that has a current certificate meets the total accuracy specification of 2.0 flowmeter accuracy test having been of traceability to NIST standards. Check the percent at that level by using one of the conducted. Test the flowmeter accuracy more calibration of each transmitter or transducer following alternative methods. If, at a frequently if required by manufacturer by comparing its readings to that of the NIST specifications. particular level, the sum of the individual traceable equipment at least once at each of accuracies of the three transducers is less (b) Except for orifice-, nozzle-, and venturi- the following levels: the zero-level and at type flowmeters, perform the required least two other levels (e.g., ‘‘mid’’ and than or equal to 4.0 percent, the fuel flowmeter accuracy testing using the ‘‘high’’), such that the full range of flowmeter accuracy specification of 2.0 procedures in either section 2.1.5.1 or section transmitter or transducer readings percent is considered to be met for that level. 2.1.5.2 of this appendix. Each fuel flowmeter corresponding to normal unit operation is Or, if at a particular level, the total fuel must meet the accuracy specification in represented. flowmeter accuracy is 2.0 percent or less, section 2.1.5 of this appendix. (b) Calculate the accuracy of each when calculated in accordance with Part 1 of (c) For orifice-, nozzle-, and venturi-type transmitter or transducer at each level tested, American Gas Association Report No. 3, flowmeters, either perform the required using the following equation: General Equations and Uncertainty flowmeter accuracy testing using the Guidelines, the flowmeter accuracy procedures in section 2.1.5.1 or 2.1.5.2 of this RT− requirement is considered to be met for that appendix or perform a transmitter accuracy ACC = ×100(Eq . D- 1 a) level. test once every four fuel flowmeter QA FS 2.1.6.2 Recordkeeping and Reporting of operating quarters and a primary element Where: visual inspection once every 12 calendar Transmitter or Transducer Accuracy Results ACC = Accuracy of the transmitter or quarters, according to the procedures in transducer as a percentage of full-scale. (a) Record the accuracy of the orifice, sections 2.1.6.1 through 2.1.6.4 of this nozzle, or venturi meter or its individual appendix for periodic quality assurance. R = Reading of the NIST traceable reference value (in milliamperes, inches of water, transmitters or transducers and keep this (d) Notwithstanding the requirements of information in a file at the site or other this section, if the procedures of section 2.1.7 psi, or degrees). location suitable for inspection. When testing (fuel flow-to-load test) of this appendix are T = Reading of the transmitter or transducer performed during each fuel flowmeter QA being tested (in milliamperes, inches of individual orifice, nozzle, or venturi meter operating quarter, subsequent to a required water, psi, or degrees, consistent with transmitters or transducers for accuracy, flowmeter accuracy test or transmitter the units of measure of the NIST include the information displayed in the accuracy test and primary element traceable reference value). following Table D–2. At a minimum, record inspection, where applicable, those FS = Full-scale range of the transmitter or results for each transmitter or transducer at procedures may be used to meet the transducer being tested (in milliamperes, the zero-level and at least two other levels requirement for periodic quality assurance inches of water, psi, or degrees, across the range of the transmitter or testing for a period of up to 20 calendar consistent with the units of measure of transducer readings that correspond to quarters from the previous accuracy test or the NIST traceable reference value). normal unit operation.

TABLE D±2.ÐTABLE OF FLOWMETER TRANSMITTER OR TRANSDUCER ACCURACY RESULTS

Test number:llll Test completion date: llllllllll Unit or pipe ID: llllll Flowmeter serial number: Component/System ID: Full-scale value: Units of measure: 3 Transducer/Transmitter Type (check one): ll Differential Pressure ll Static Pressure ll Temperature

Expected Run number Transmitter/ transmitter/ Actual Percent ac- Measurement level (percent of full-scale) (if multiple Run time transducer transducer transmitter/ curacy (per- 2 (HHMM) input (pre- transducer cent of full- runs) output (ref- 3 calibration) erence) output scale)

Low (Minimum) level ll percent 1 of full-scale ...... Mid-level ll percent1 of full-scale ...... (If tested at more than 3 levels) 2nd Mid-level ll percent 1 of full-scale ...... (If tested at more than 3 levels) 3rd Mid-level ll percent 1 of full-scale ...... High (Maximum) level ll percent 1 of full-scale ...... 1 At a minimum, it is required to test at zero-level and at least two other levels across the range of the transmitter or transducer readings cor- responding to normal unit operation. 2 It is required to test at least once at each level. 3 Use the same units of measure for all readings (e.g., use degrees (°), inches of water (in H2O), pounds per square inch (psi), or milliamperes (ma) for both transmitter or transducer readings and reference readings).

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(b) When accuracy testing of the orifice, Report No. 3 or ASME MFC–3M–1989, as subsequent fuel flowmeter QA operating nozzle, or venturi meter is performed cited in section 2.1.5.1 of this appendix (both quarter, as defined in § 72.2 of this chapter according to section 2.1.5.2 of this appendix, standards incorporated by reference under (excluding the quarter(s) in which the record the information displayed in Table D– § 75.6); baseline data are collected), then these 1 in this section. At a minimum, record the (2) Replace the primary element with procedures may be used to meet the overall flowmeter accuracy results for the another primary element, and demonstrate requirement for periodic quality assurance fuel flowmeter at the three flow rate levels that the overall flowmeter accuracy meets the for a period of up to 20 calendar quarters specified in section 2.1.5.2 of this appendix. accuracy specification in section 2.1.5 of this from the previous periodic quality assurance (c) Report the results of all fuel flowmeter appendix under the procedures of section procedure(s) performed according to sections accuracy tests, transmitter or transducer 2.1.5.2 of this appendix; or 2.1.5.1, 2.1.5.2, or 2.1.6.1 through 2.1.6.4 of accuracy tests, and primary element (3) Restore the damaged or corroded this appendix. The procedures of this section inspections, as applicable, in the emissions primary element to ‘‘as new’’ condition; are not required for any quarter in which a report for the quarter in which the quality determine the overall accuracy of the flowmeter accuracy test or a transmitter assurance tests are performed, using the flowmeter, using either the specifications of accuracy test and a primary element electronic format specified by the American Gas Association Report No. 3 or Administrator under § 75.64. ASME MFC–3M–1989, as cited in section inspection, where applicable, are conducted. 2.1.5.1 of this appendix (both standards Notwithstanding the requirements of 2.1.6.3 Failure of Transducer(s) or § 75.54(a) or § 75.57(a), as applicable, when Transmitter(s) incorporated by reference under § 75.6); and retest the transmitters or transducers prior to using the procedures of this section, keep If, during a transmitter or transducer providing quality assured data from the records of the test data and results from the accuracy test conducted according to section flowmeter. previous flowmeter accuracy test under 2.1.6.1 of this appendix, the flowmeter (b) If the primary element size is changed, section 2.1.5.1 or 2.1.5.2 of this appendix, accuracy specification of 2.0 percent is not calibrate the transmitter or transducers records of the test data and results from the met at any of the levels tested, repair or consistent with the new primary element previous transmitter or transducer accuracy replace transmitter(s) or transducer(s) as size. Data from the fuel flowmeter are test under section 2.1.6.1 of this appendix for necessary until the flowmeter accuracy considered invalid, beginning with the date orifice-, nozzle-, and venturi-type fuel specification has been achieved at all levels. and hour of a failed visual inspection and flowmeters, and records of the previous (Note that only transmitters or transducers continuing until the date and hour when: visual inspection of the primary element which are repaired or replaced need to be re- (1) The damaged or corroded primary required under section 2.1.6.4 of this tested; however, the re-testing is required at element is replaced with another primary all three measurement levels, to ensure that appendix for orifice-, nozzle-, and venturi- element meeting the requirements of type fuel flowmeters until the next flowmeter the flowmeter accuracy specification is met American Gas Association Report No. 3 or at each level). The fuel flowmeter is ‘‘out-of- accuracy test, transmitter accuracy test, or ASME MFC–3M–1989, as cited in section visual inspection is performed, even if the control’’ and data from the flowmeter are 2.1.5.1 of this appendix (both standards considered invalid, beginning with the date previous flowmeter accuracy test, transmitter incorporated by reference under § 75.6); accuracy test, or visual inspection was and hour of the failed accuracy test and (2) The damaged or corroded primary performed more than three years previously. continuing until the date and hour of element is replaced, and the overall accuracy completion of a successful transmitter or of the flowmeter is demonstrated to meet the 2.1.7.1 Baseline Flow Rate-to-Load Ratio or transducer accuracy test at all levels. In accuracy specification in section 2.1.5 of this Heat Input-to-Load Ratio addition, if, during normal operation of the appendix under the procedures of section (a) Determine Rbase, the baseline value of fuel flowmeter, one or more transmitters or 2.1.5.2 of this appendix; or the ratio of fuel flow rate to unit load, transducers malfunction, data from the fuel (3) The restored primary element is flowmeter shall be considered invalid from following each successful periodic quality installed to meet the requirements of assurance procedure performed according to the hour of the transmitter or transducer American Gas Association Report No. 3 or failure until the hour of completion of a sections 2.1.5.1, 2.1.5.2, or 2.1.6.1 and 2.1.6.4 ASME MFC–3M–1989, as cited in section successful 3-level transmitter or transducer of this appendix. Establish a baseline period 2.1.5.1 of this appendix (both standards accuracy test. During fuel flowmeter out-of- of data consisting, at a minimum, of 168 incorporated by reference under § 75.6) and control periods, provide data from another hours of quality assured fuel flowmeter data. its transmitters or transducers are retested to fuel flowmeter that meets the requirements of Baseline data collection shall begin with the meet the accuracy specification in section § 75.20(d) and section 2.1.5 of this appendix, first hour of fuel flowmeter operation 2.1.6.1 of this appendix. or substitute for fuel flow rate using the following completion of the most recent (c) During this period, provide data from missing data procedures in section 2.4.2 of quality assurance procedure(s), during which another fuel flowmeter that meets the this appendix. Record and report test data only the fuel measured by the fuel flowmeter requirements of § 75.20(d) and section 2.1.5 and results, consistent with sections 2.1.6.1 of this appendix, or substitute for fuel flow is combusted (i.e., only gas, only residual oil, and 2.1.6.2 of this appendix and § 75.56 or rate using the missing data procedures in or only diesel fuel is combusted by the unit). § 75.59, as applicable. section 2.4.2 of this appendix. During the baseline data collection period, 2.1.6.4 Primary Element Inspection 2.1.7 Fuel Flow-to-Load Quality the owner or operator may exclude as non- (a) Conduct a visual inspection of the Assurance Testing for Certified Fuel representative any hour in which the unit is orifice, nozzle, or venturi meter at least once Flowmeters ‘‘ramping’’ up or down, (i.e., the load during every twelve calendar quarters. The procedures of this section may be used the hour differs by more than 15.0 percent Notwithstanding this requirement, the as an optional supplement to the quality from the load in the previous or subsequent procedures of section 2.1.7 of this appendix assurance procedures in section 2.1.5.1, hour) and may exclude any hour in which may be used to reduce the inspection 2.1.5.2, 2.1.6.1, or 2.1.6.4 of this appendix the unit load is in the lower 25.0 percent of frequency of the orifice, nozzle, or venturi when conducting periodic quality assurance the range of operation, as defined in section meter to at least once every twenty calendar testing of a certified fuel flowmeter. Note, 6.5.2.1 of appendix A to this part (unless quarters. The inspection may be performed however, that these procedures may not be operation in this lower 25.0 percent of the using a baroscope. If the visual inspection used unless the 168-hour baseline data range is considered normal for the unit). The indicates that the orifice, nozzle, or venturi requirement of section 2.1.7.1 of this baseline data must be obtained no later than meter has become damaged or corroded, appendix has been met. If, following a the end of the fourth calendar quarter then: flowmeter accuracy test or flowmeter following the calendar quarter of the most (1) Replace the primary element with transmitter test and primary element recent quality assurance procedure for that another primary element meeting the inspection, where applicable, the procedures fuel flowmeter. For orifice-, nozzle-, and requirements of American Gas Association of this section are performed during each venturi-type fuel flowmeters, if the fuel flow-

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to-load ratio is to be used as a supplement Lavg = Average unit load during the baseline = Q base both to the transmitter accuracy test under R base (Eq . D-1b) period, megawatts or 1000 lb/hr of section 2.1.6.1 of this appendix and to Lavg steam. primary element inspections under section where: (b) In Equation D–1b, for a common pipe 2.1.6.4 of this appendix, then the baseline header, Lavg is the sum of the operating loads Rbase = Value of the fuel flow rate-to-load data must be obtained after both procedures of all units that receive fuel through the ratio during the baseline period; 100 common pipe header. For a unit that receives are completed and no later than the end of scfh/MWe or 100 scfh/klb per hour its fuel through multiple pipes, Qbase is the the fourth calendar quarter following the steam load for gas-firing; (lb/hr)/MWe or calendar quarter of both the most recent sum of the fuel flow rates for a particular fuel (lb/hr)/klb per hour steam load for oil- (i.e., gas, diesel fuel, or residual oil) from transmitter or transducer test and the most firing. each of the pipes. Round off the value of Rbase recent primary element inspection for that Qbase = Average fuel flow rate measured by to the nearest tenth. fuel flowmeter. From these 168 (or more) the fuel flowmeter during the baseline (c) Alternatively, a baseline value of the hours of baseline data, calculate the baseline period, 100 scfh for gas-firing and lb/hr gross heat rate (GHR) may be determined in fuel flow rate-to-load ratio as follows: for oil-firing. lieu of Rbase. The baseline value of the GHR, GHRbase, shall be determined as follows:

(Heat Input) =avg × ()GHR base 1000 (.Eq D-1c) Lavg

Where: 2.1.7.2 Data Preparation and Analysis Qh = Hourly fuel flow rate, as measured by

(GHR)base = Baseline value of the gross heat (a) Evaluate the fuel flow rate-to-load ratio the fuel flowmeter, 100 scfh for gas-firing rate during the baseline period, Btu/kwh (or GHR) for each fuel flowmeter QA or lb/hr for oil-firing. or Btu/lb steam load. operating quarter, as defined in § 72.2 of this Lh = Hourly unit load, megawatts or 1000 (Heat Input)avg = Average (mean) hourly heat chapter. At the end of each fuel flowmeter lb/hr of steam. QA operating quarter, use Equation D–1d in input rate recorded by the fuel flowmeter (b) For a common pipe header, Lh shall be during the baseline period, as this appendix to calculate Rh, the hourly fuel the sum of the hourly operating loads of all determined using the applicable flow-to-load ratio, for every quality assured hourly average fuel flow rate obtained with units that receive fuel through the common equation in appendix F to this part, a certified fuel flowmeter. pipe header. For a unit that receives its fuel mmBtu/hr. through multiple pipes, Qh will be the sum Lavg = Average (mean) unit load during the Q of the fuel flow rates for a particular fuel (i.e., baseline period, megawatts or 1000 lb/hr = h R h (Eq . D-1d) gas, diesel fuel, or residual oil) from each of of steam. L h the pipes. Round off each value of Rh to the (d) Report the current value of Rbase (or where: nearest tenth. GHRbase) and the completion date of the Rh = Hourly value of the fuel flow rate-to- (c) Alternatively, calculate the hourly gross associated quality assurance procedure in load ratio; 100 scfh/MWe, (lb/hr)/MWe, heat rates (GHR) in lieu of the hourly flow- each electronic quarterly report required 100 scfh/1000 lb/hr of steam load, or to-load ratios. If this option is selected, under § 75.64. (lb/hr)/1000 lb/hr of steam load. calculate each hourly GHR value as follows:

=(Heat Input)h × ()GHR h 1000 (.Eq D-1e) L h

Where: RR− q %D = base h × = h (GHR)h = Hourly value of the gross heat rate, %(.)Dh 100Eq D- 1 f E f ∑ (Eq . D-1 g ) Btu/kwh or Btu/lb steam load. R base h=1 q (Heat Input)h = Hourly heat input rate, as Where: Where: determined using the applicable Ef = Quarterly average percentage difference %Dh = Absolute value of the percentage equation in appendix F to this part, between hourly flow rate-to-load ratios mmBtu/hr. difference between the hourly fuel flow rate-to-load ratio and the baseline value and the baseline value of the fuel flow Lh = Hourly unit load, megawatts or 1000 of the fuel flow rate-to-load ratio (or rate-to-load ratio (or hourly and baseline lb/hr of steam. hourly and baseline GHR). GHR). %Dh = Percentage difference between the (d) Evaluate the calculated flow rate-to- Rh = The hourly fuel flow rate-to-load ratio load ratios (or gross heat rates) as follows. (or GHR). hourly fuel flow rate-to-load ratio and the baseline value of the fuel flow rate- Perform a separate data analysis for each fuel Rbase = The value of the fuel flow rate-to-load to-load ratio (or hourly and baseline flowmeter following the procedures of this ratio (or GHR) from the baseline period, section. Base each analysis on a minimum of GHR). determined in accordance with section q = Number of hours used in fuel flow-to- 168 hours of data. If, for a particular fuel 2.1.7.1 of this appendix. load (or GHR) evaluation. flowmeter, fewer than 168 hourly flow-to- (f) Consistently use Rbase and Rh in load ratios (or GHR values) are available, a (h) When the quarterly average load value Equation D–1f if the fuel flow-to-load ratio is used in the data analysis is greater than 50 flow-to-load (or GHR) evaluation is not being evaluated, and consistently use MWe (or 500 klb steam per hour), the results required for that flowmeter for that calendar (GHR)base and (GHR)h in Equation D–1f if the of a quarterly fuel flow rate-to-load (or GHR) quarter. gross heat rate is being evaluated. evaluation are acceptable and no further (e) For each hourly flow-to-load ratio or (g) Next, determine the arithmetic average action is required if the quarterly average GHR value, calculate the percentage of all of the hourly percent difference percentage difference (Ef) is no greater than difference (percent Dh) from the baseline fuel 10.0 percent. When the arithmetic average of (percent Dh) values using Equation D–1g, as flow-to-load ratio using Equation D–1f. the hourly load values used in the data follows: analysis is ≤50 MWe (or 500 klb steam per hour), the results of the analysis are

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acceptable if the value of Ef is no greater than 2.1.7.4 Consequences of Failed Fuel Flow- this appendix, beginning with the first hour 15.0 percent. to-Load Ratio Test of the calendar quarter following the quarter 2.1.7.3 Optional Data Exclusions (a) If Ef is outside the applicable limit in for which Ef was found to be outside the section 2.1.7.2 of this appendix (after applicable limit and continuing until quality (a) If Ef is outside the limits in section analysis using any optional data exclusions assured fuel flow data become available. 2.1.7.2 of this appendix, the owner or under section 2.1.7.3 of this appendix), Following a failed flow rate-to-load or GHR operator may re-examine the hourly fuel flow perform transmitter accuracy tests according evaluation, data from the flowmeter shall not rate-to-load ratios (or GHRs) that were used to section 2.1.6.1 of this appendix for orifice- be considered quality assured until the hour for the data analysis and identify and exclude , nozzle-, and venturi-type flowmeters, or in which all required flowmeter accuracy fuel flow-to-load ratios or GHR values for any perform a fuel flowmeter accuracy test, in tests, transmitter accuracy tests, visual non-representative fuel flow-to-load ratios or accordance with section 2.1.5.1 or 2.1.5.2 of inspections and diagnostic tests have been GHR values. Specifically, the Rh or (GHR)h this appendix, for each fuel flowmeter for passed. Additionally, a new value of Rbase or values for the following hours may be which Ef is outside of the applicable limit. In (GHR)base shall be established no later than addition, for an orifice-, nozzle-, or venturi- considered non-representative: any hour in two flowmeter QA operating quarters after type fuel flowmeter, repeat the fuel flow-to- which the unit combusted another fuel in the quarter in which the required quality addition to the fuel measured by the fuel load ratio comparison of section 2.1.7.2 of this appendix using six to twelve hours of assurance tests are completed (note that for flowmeter being tested; or any hour for orifice-, nozzle-, or venturi-type fuel which the load differed by more than ±15.0 data following a passed transmitter accuracy flowmeters, establish a new value of Rbase or percent from the load during either the test in order to verify that no significant (GHR)base only if both a transmitter accuracy preceding hour or the subsequent hour; or corrosion has affected the primary element. If, for the abbreviated 6-to-12 hour test, the test and a primary element inspection have any hour for which the unit load was in the orifice-, nozzle-, or venturi-type fuel been performed). lower 25.0 percent of the range of operation, flowmeter is not able to meet the limit in 2.1.7.5 Test Results as defined in section 6.5.2.1 of appendix A section 2.1.7.2 of this appendix, then perform to this part (unless operation in the lower a visual inspection of the primary element Report the results of each quarterly flow 25.0 percent of the range is considered according to section 2.1.6.4 of this appendix, rate-to-load (or GHR) evaluation, as normal for the unit). and repair or replace the primary element, as determined from Equation D–1g, in the (b) After identifying and excluding all non- necessary. electronic quarterly report required under representative hourly fuel flow-to-load ratios (b) Substitute for fuel flow rate, for any § 75.64. Table D–3 is provided as a reference or GHR values, analyze the quarterly fuel hour when that fuel is combusted, using the on the type of information to be recorded flow rate-to-load data a second time. missing data procedures in section 2.4.2 of under § 75.59 and reported under § 75.64.

TABLE D±3.ÐBASELINE INFORMATION AND TEST RESULTS FOR FUEL FLOW-TO-LOAD TEST

Plant name:llllllllllState:lllORIS code:llllllllll Unit/pipe ID #:llllllFuel flowmeter component and system ID #s:llll-llllCalendar quarter (1st, 2nd, 3rd, 4th) and year:llllll Range of operation:llllll to llllll MWe or klb steam/hr (indicate units) Time period Baseline period Quarter

Completion date and time of most recent primary element inspection (orifice-, nozzle-, and ven- Number of hours excluded from quarterly aver- turi-type flowmeters only). age due to co-firing different fuels:llll hrs. ll/ll/ll ll:ll Completion date and time of the most recent flowmeter or transmitter accuracy test ...... Number of hours excluded from quarterly aver- age due to ramping load: llll hrs. ll/ll/ll ll:ll Beginning date and time of baseline period ...... Number of hours in the lower 25.0 percent of the range of operation excluded from quar- terly average: llll hrs. ll/ll/ll ll:ll End date and time of baseline period ...... Number of hours included in quarterly average: llll hrs. ll/ll/ll ll:ll Average fuel flow ratellllllllll (100 scfh for gas and lb/hr for oil) ...... Quarterly percentage difference between hour- ly ratios and baseline ratio: llll per- cent. Average load;llllllllll (MWe or 1000 lb steam/hr) ...... Test result: pass, fail. Baseline fuel flow-to-load ratiollllllllll Units of fuel flow-to-load:llllllllll Baseline GHR: llllllllll Units of fuel flow-to-load:llllllllll Number of hours excluded from baseline ratio or GHR due to ramping load:llll Number of hours in the lower 25.0 percent of the range of operation excluded from baseline ra- tion or GHR: llll hrs.

2.2 Oil Sampling and Analysis gross calorific value (GCV) of the oil; and, if rate and heat input rate for each fuel using Perform sampling and analysis of oil to necessary, the density of the oil. Use the the applicable procedures of section 3 of this determine the following fuel properties for sulfur content, density, and gross calorific appendix. The designated representative may each type of oil combusted by a unit: value, determined under the provisions of petition for reduced GCV and or density percentage of sulfur by weight in the oil; this section, to calculate SO2 mass emission sampling under § 75.66 if the fuel combusted

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TABLE D±4.ÐOIL SAMPLING METHODS AND SULFUR, DENSITY AND GROSS CALORIFIC VALUE USED IN CALCULATIONS

Parameter Sampling technique/frequency Value used in calculations

Oil Sulfur Content ...... Daily manual sampling ...... 1. Highest sulfur content from previous 30 daily samples; or 2. Actual daily value. Flow proportional/weekly composite ...... Actual measured value. In storage tank (after addition of fuel to tank) 1. Actual measured value; or 2. Highest of all sampled values in previous calendar year; or 3. Maximum value allowed by contract.1 As delivered (in delivery truck or barge).1 ...... 1. Highest of all sampled values in previous calendar year; or 2. Maximum value allowed by contract.1 Oil Density ...... Daily manual sampling ...... 1. Use the highest density from the previous 30 daily samples; or 2. Actual measured value. Flow proportional/weekly composite ...... Actual measured value. In storage tank (after addition of fuel to tank) 1. Actual measured value; or 2. Highest of all sampled values in previous calendar year; or 3. Maximum value allowed by contract.1 As delivered (in delivery truck or barge).1 ...... 1. Highest of all sampled values in previous calendar year; or 2. Maximum value allowed by contract.1 Oil GCV ...... Daily manual sampling ...... 1. Highest fuel GCV from the previous 30 daily samples; or 2. Actual measured value. Flow proportional/weekly composite ...... Actual measured value. In storage tank (after addition of fuel to tank) 1. Actual measured value; or 2. Highest of all sampled values in previous calendar year; or 3. Maximum value allowed by contract.1 As delivered (in delivery truck or barge).1 ...... 1. Highest of all sampled values in previous calendar year; or 2. Maximum value allowed by contract.1 1 Assumed values may only be used if sulfur content, gross calorific value, or density of each sample is no greater than the assumed value used to calculate emissions or heat input.

2.2.1 When combusting oil, use one of the hrs). Use the actual sulfur content (and where (incorporated by reference under § 75.6). Use following methods to sample the oil (see density data are required, the actual density) the sulfur content (and where required, the Table D–4): sample from the storage tank for from the composite sample to calculate the density) of either the most recent sample or the unit after each addition of oil to the hourly SO2 mass emission rates for each one of the conservative assumed values storage tank, in accordance with section operating day represented by the composite described in section 2.2.4.3 of this appendix 2.2.4.2 of this appendix; or sample from the sample. Calculate the hourly heat input rates to calculate SO2 mass emission rate. fuel lot in the shipment tank or container for each operating day represented by the Calculate heat input rate using the gross upon receipt of each oil delivery or from the composite sample, using the actual gross calorific value from either: fuel lot in the oil supplier’s storage container, calorific value from the composite sample. (a) The most recent oil sample taken or in accordance with section 2.2.4.3 of this 2.2.4 Manual Sampling (b) One of the conservative assumed values appendix; or use the flow proportional described in section 2.2.4.3 of this appendix. 2.2.4.1 Daily Samples sampling methodology in section 2.2.3 of this 2.2.4.3 Sampling From Each Delivery appendix; or use the daily manual sampling Representative oil samples may be taken methodology in section 2.2.4.1 of this from the storage tank or fuel flow line (a) Alternatively, an oil sample may be appendix. For purposes of this appendix, a manually every day that the unit combusts taken from— fuel lot of oil is the mass or volume of oil according to ASTM D4057–88, ‘‘Standard (1) The shipment tank or container upon product oil from one source (supplier or Practice for Manual Sampling of Petroleum receipt of each lot of fuel oil or pretreatment facility), intended as one and Petroleum Products’’ (incorporated by (2) The supplier’s storage container which shipment or delivery (e.g., ship load, barge reference under § 75.6). Use either the actual holds the lot of fuel oil. (Note: a supplier load, group of trucks, discrete purchase of daily sulfur content or the highest fuel sulfur need only sample the storage container once diesel fuel through pipeline, etc.). A storage content recorded at that unit from the most for sulfur content, GCV and, where required, tank is a container at a plant holding oil that recent 30 daily samples for the purpose of the density so long as the fuel sulfur content and GCV do not change and no fuel is added is actually combusted by the unit, such that calculating SO2 emissions under section 3 of no blending of any other fuel with the fuel this appendix. Use either the gross calorific to the supplier’s storage container.) in the storage tank occurs from the time that value measured from that day’s sample or the (b) For the purpose of this section, a lot is the fuel lot is transferred to the storage tank highest GCV from the previous 30 days’ defined as a shipment or delivery (e.g., ship to the time when the fuel is combusted in the samples to calculate heat input. If oil load, barge load, group of trucks, discrete unit. supplies with different sulfur contents are purchase of diesel fuel through a pipeline, 2.2.2 [Reserved] combusted on the same day, sample the etc.) of a single fuel. highest sulfur fuel combusted that day. (c) Oil sampling may be performed either 2.2.3 Flow Proportional Sampling by the owner or operator of an affected unit, Conduct flow proportional oil sampling or 2.2.4.2 Sampling From a Unit’s Storage an outside laboratory, or a fuel supplier, continuous drip oil sampling in accordance Tank provided that samples are representative and with ASTM D4177–82 (Reapproved 1990), Take a manual sample after each addition that sampling is performed according to ‘‘Standard Practice for Automatic Sampling of oil to the storage tank. Do not blend either the single tank composite sampling of Petroleum and Petroleum Products’’ additional fuel with the sampled fuel prior to procedure or the all-levels sampling (incorporated by reference under § 75.6), combustion. Sample according to the single procedure in ASTM D4057–88, ‘‘Standard every day the unit is combusting oil. Extract tank composite sampling procedure or all- Practice for Manual Sampling of Petroleum oil at least once every hour and blend into levels sampling procedure in ASTM D4057– and Petroleum Products’’ (incorporated by a composite sample. The sample compositing 88, ‘‘Standard Practice for Manual Sampling reference under § 75.6). Except as otherwise period may not exceed 7 calendar days (168 of Petroleum and Petroleum Products’’ provided in this section, calculate SO2 mass

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emission rate using the sulfur content (and value to calculate SO2 mass emission rate or after receipt of a request from the where required, the density) from one of the heat input rate unless and until: it is Administrator. two following values, and calculate heat superseded by a higher value from an oil 2.3 SO2 Emissions From Combustion of input using the gross calorific value from one sample; or it is superseded by a new contract Gaseous Fuels of the two following values: in which case the new contract value (1) The highest value sampled during the becomes the assumed value at the time the (a) Account for the hourly SO2 mass previous calendar year (this option is fuel specified under the new contract begins emissions due to combustion of gaseous fuels allowed for any consistent fuel which comes to be combusted in the unit; or (if applicable) for each hour when gaseous fuels are from a single source whether or not the fuel both the calendar year in which the sampled combusted by the unit using the procedures is supplied under a contractual agreement) or value exceeded the assumed value and the in this section. (2) The maximum value indicated in the subsequent calendar year have elapsed. (b) The procedures in sections 2.3.1 and contract with the fuel supplier. Continue to * * * * * 2.3.2 of this appendix, respectively, may be use this assumed contract value unless and 2.2.6 Where the flowmeter records used to determine SO2 mass emissions from until the actual sampled sulfur content, volumetric flow rate rather than mass flow combustion of pipeline natural gas and density, or gross calorific value of a delivery rate, analyze oil samples to determine the natural gas, as defined in § 72.2 of this exceeds the assumed value. chapter. The procedures in section 2.3.3 of (d) If the actual sampled sulfur content, density or specific gravity of the oil. *** gross calorific value, or density of an oil * * * * * this appendix may be used to account for SO2 sample is greater than the assumed value for 2.2.8 Results from the oil sample analysis mass emissions from any gaseous fuel that parameter, then use the actual sampled must be available no later than thirty combusted by a unit. For each type of value for sulfur content, gross calorific value, calendar days after the sample is composited gaseous fuel, the appropriate sampling or density of fuel to calculate SO2 mass or taken. However, during an audit, the frequency and the sulfur content and GCV emission rate or heat input rate as the new Administrator may require that the results of values used for calculations of SO2 mass assumed sulfur content, gross calorific value, the analysis be available as soon as emission rates are summarized in the or density. Continue to use this new assumed practicable, and no later than 5 business days following Table D–5.

TABLE D±5.ÐGAS SULFUR AND GCV VALUES USED IN CALCULATIONS FOR VARIOUS FUEL TYPES

Parameter Fuel type and sampling frequency Value used in calculations

Pipeline Natural Gas with H2S content less than or 0.0006 lb/mmBtu. equal to 0.3 grains/100scf when using the provisions of section 2.3.1 to determine SO2 mass emissions. Gas Sulfur Content ...... Natural Gas with H2S content less than or equal to 1.0 Default SO2 emission rate calculated from Eq. D±1h, grain/100scf when using the provisions of section using either the fuel contract maximum H2S or the 2.3.2 to determine SO2 mass emissions. maximum H2S from historical sampling data. Any gaseous fuel delivered in shipments or lotsÐSam- Actual % sulfur from most recent shipment or ple each lot or shipment. 1. Highest % sulfur from previous year's samples 1; or 2. Maximum % sulfur value allowed by contract 1. Any gaseous fuel transmitted by pipeline and having a Actual % sulfur from daily sample; or Highest % sulfur demonstrated ``low sulfur variability'' using the provi- from previous 30 daily samples. sions of section 2.3.6ÐSample daily. Any gaseous fuelÐSample hourly ...... Actual hourly sulfur content of the gas. Gas GCV ...... Pipeline Natural GasÐSample monthly ...... 1. GCV from most recent monthly sample (with ≥ 48 operating hours in the month); or 2. Maximum GCV from contract 1; or 3. Highest GCV from previous year's samples.1 Natural GasÐSample monthly ...... 1. GCV from most recent monthly sample (with ≥ 48 operating hours in the month); or 2. Maximum GCV from contract 1; or 3. Highest GCV from previous year's samples.1 Any gaseous fuel delivered in shipments or lotsÐSam- Actual GCV from most recent shipment or lot or ple each lot or shipment. 1. Highest GCV from previous year's samples1; or 2. Maximum GCV value allowed by contract.1 Any gaseous fuel transmitted by pipeline and having a 1. GCV from most recent monthly sample (with ≥ 48 demonstrated ``low GCV variability'' using the provi- operating hours in the month); or sions of section 2.3.5ÐSample monthly. 2. Highest GCV from previous year's samples.1 Any other gaseous fuel not having a ``low GCV varia- Actual daily or hourly GCV of the gas. bility''ÐSample at least daily. (Note that the use of an on-line GCV calorimeter or gas chromatograph is allowed). 1 Assumed sulfur content and GCV values (i.e., contract values or highest values from previous year) may only continue to be used if the sul- fur content or GCV of each sample is no greater than the assumed value used to calculate SO2 emissions or heat input.

2.3.1 Pipeline Natural Gas Combustion natural gas, in § 72.2 of this chapter, using chapter, the owner or operator may The owner or operator may determine the the procedures of this section. determine the SO2 mass emissions using either a default SO2 emission rate of 0.0006 SO2 mass emissions from the combustion of 2.3.1.1 SO2 Emission Rate lb/mmBtu and the procedures of this section, a fuel that meets the definition of pipeline For a fuel that meets the definition of the procedures in section 2.3.2 for natural pipeline natural gas under § 72.2 of this

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gas, or the procedures of section 2.3.3 for any 2.3.2.1 SO2 Emission Rate demonstrating that the definition of natural gaseous fuel. For each affected unit using the gas in § 72.2 of this chapter has been met. The owner or operator may account for SO2 The information must demonstrate that the default rate of 0.0006 lb/mmBtu, the owner emissions either by using a default SO2 or operator must document that the fuel emission rate, as determined under section fuel has a hydrogen sulfide content of less combusted is actually pipeline natural gas, 2.3.2.1.1 of this appendix, or by daily than 1.0 grain/100 scf. This demonstration using the procedures in section 2.3.1.4 of this sampling of the gas sulfur content using the must be made using one of the following appendix. procedures of section 2.3.3 of this appendix. sources of information: (1) The gas quality characteristics specified 2.3.1.2 Hourly Heat Input Rate For each affected unit using a default SO2 emission rate, the owner or operator must by a purchase contract or by a transportation Calculate hourly heat input rate, in provide documentation that the fuel contract; (2) A certification of the gas vendor, based mmBtu/hr, for a unit combusting pipeline combusted is actually natural gas according on routine vendor sampling and analysis natural gas, using the procedures of section to the procedures in section 2.3.2.4 of this (minimum of one year of data with samples 3.4.1 of this appendix. Use the measured fuel appendix. taken monthly or more frequently); flow rate from section 2.1 of this appendix 2.3.2.1.1 In lieu of daily sampling of the (3) At least one year’s worth of analytical and the gross calorific value from section sulfur content of the natural gas, an SO2 data on the fuel hydrogen sulfide content 2.3.4.1 of this appendix in the calculations. default emission rate may be determined from samples taken monthly or more using Equation D–1h. Round off the 2.3.1.3 SO2 Hourly Mass Emission Rate and frequently; calculated SO2 default emission rate to the Hourly Mass Emissions (4) For fuels delivered in shipments or lots, nearest 0.0001 lb/mmBtu. For pipeline natural gas combustion, sulfur content from all shipments or lots calculate the SO2 mass emission rate, in lb/ ER= H S × 0. 0026 ( Eq . D-1h) received in a one year period; or hr, using Equation D–5 in section 3.3.2 of this 2 (5) Data from a 720-hour demonstration appendix (when the default SO2 emission Where: conducted using the procedures of section rate is used). Then, use the calculated SO2 ER = Default SO2 emission rate for natural 2.3.6 of this appendix. mass emission rate and the unit operating gas combustion, lb/mmBtu. (b) When a 720-hour test is used for initial qualification as natural gas, the owner or time to determine the hourly SO2 mass H2S = Hydrogen sulfide content of the emissions from pipeline natural gas natural gas, gr/100scf. operator shall continue sampling the fuel for hydrogen sulfide at least once per month for combustion, in lb, using Equation D–12 in 2.3.2.1.2 The hydrogen sulfide value used one year after the initial qualification period. section 3.5.1 of this appendix. in Equation D–1h may be obtained from one The use of the default natural gas SO2 2.3.1.4 Documentation That a Fuel Is of the following sources of information: emission rate under 2.3.2.1.1 is not allowed Pipeline Natural Gas (a) The highest hydrogen sulfide content if any sample during the one year period has specified by a purchase contract or by a (a) For pipeline natural gas, provide a hydrogen sulfide content greater than 1.0 pipeline transportation contract; grain/100 scf. information in the monitoring plan required (b) The highest hydrogen sulfide content under § 75.53, demonstrating that the from a certification of the gas vendor, based 2.3.3 SO2 Mass Emissions From Any definition of pipeline natural gas in § 72.2 of on routine vendor sampling and analysis Gaseous Fuel this chapter has been met. The information (minimum of one year of data with samples The owner or operator of a unit may must demonstrate that the fuel has a taken monthly or more frequently); determine SO2 mass emissions using this hydrogen sulfide content of less than 0.3 (c) The highest hydrogen sulfide content section for any gaseous fuel (including fuels grain/100scf. The demonstration must be from at least one year’s worth of analytical such as refinery gas, landfill gas, digester gas, made using one of the following sources of data on the fuel hydrogen sulfide content coke oven gas, blast furnace gas, coal-derived information: from samples taken monthly or more gas, producer gas or any other gas which may (1) The gas quality characteristics specified frequently; have a variable sulfur content). by a purchase contract or by a pipeline (d) For fuels delivered in shipments or lots, 2.3.3.1 Sulfur Content Determination transportation contract; the highest hydrogen sulfide content from all (2) A certification of the gas vendor, based shipments or lots received in a one year 2.3.3.1.1 Analyze the total sulfur content of the gaseous fuel in grain/100 scf, at the on routine vendor sampling and analysis period; or (5) the highest hydrogen sulfide frequency specified in Table D–5 of this (minimum of one year of data with samples content measured during a 720-hour appendix. That is: for fuel delivered in taken monthly or more frequently); demonstration conducted using the discrete shipments or lots, sample each procedures of section 2.3.6 of this appendix. (3) At least one year’s worth of analytical shipment or lot; for fuel transmitted by data on the fuel hydrogen sulfide content 2.3.2.2 Hourly Heat Input Rate pipeline, if a demonstration is provided from samples taken monthly or more Calculate hourly heat input rate for natural under section 2.3.6 of this appendix showing frequently; that the gaseous fuel has a ‘‘low sulfur (4) For fuels delivered in shipments or lots, gas combustion, in mmBtu/hr, using the procedures in section 3.4.1 of this appendix. variability,’’ determine the sulfur content the sulfur content from all shipments or lots Use the measured fuel flow rate from section daily using either manual sampling or a gas received in a one year period; or 2.1 of this appendix and the gross calorific chromatograph; and for all other gaseous (5) Data from a 720-hour demonstration value from section 2.3.4.2 of this appendix in fuels, determine the sulfur content on an conducted using the procedures of section the calculations. hourly basis using a gas chromatograph. 2.3.6 of this appendix. 2.3.3.1.2 Use one of the following (b) When a 720-hour test is used for initial 2.3.2.3 SO2 Mass Emission Rate and Hourly methods when using manual sampling (as qualification as pipeline natural gas, the Mass Emissions applicable to the type of gas combusted) to owner or operator is required to continue For natural gas combustion, calculate the determine the sulfur content of the fuel: sampling the fuel for hydrogen sulfide at SO2 mass emission rate, in lb/hr, using ASTM D1072–90, ‘‘Standard Test Method for least once per month for one year after the Equation D–5 in section 3.3.2 of this Total Sulfur in Fuel Gases’’, ASTM D4468– initial qualification period. The use of the appendix, when the default SO2 emission 85 (Reapproved 1989) ‘‘Standard Test default natural gas SO2 emission rate under rate is used. Then, use the calculated SO2 Method for Total Sulfur in Gaseous Fuels by 2.3.1.1 is not allowed if any sample during mass emission rate and the unit operating Hydrogenolysis and Radiometric the one year period has a hydrogen sulfide time to determine the hourly SO2 mass Colorimetry,’’ ASTM D5504–94 ‘‘Standard content greater than 0.3 gr/100 scf. emissions from natural gas combustion, in lb, Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous 2.3.2 Natural Gas Combustion using Equation D–12 in section 3.5.1 of this appendix. Fuels by Gas Chromatography and The owner or operator may determine the Chemiluminescence,’’ or ASTM D3246–81 2.3.2.4 Documentation that a Fuel Is SO2 mass emissions from the combustion of (Reapproved 1987) ‘‘Standard Test Method a fuel that meets the definition of natural gas, Natural Gas for Sulfur in Petroleum Gas By Oxidative in § 72.2 of this chapter, using the procedures (a) For natural gas, provide information in Microcoulometry’’ (incorporated by reference of this section. the monitoring plan required under § 75.53, under § 75.6).

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2.3.3.1.3 The sampling and analysis of analysis for GCV must be performed for each standard deviation from the mean shall be daily manual samples may be performed by quarter the unit operates for any amount of calculated from the hourly averages. the owner or operator, an outside laboratory, time. Specifically, the gaseous fuel is considered to or the gas supplier. If hourly sampling with 2.3.4.2 GCV of Natural Gas have a low GCV variability, and monthly gas a gas chromatograph is required, or a source sampling for GCV may be used, if the mean chooses to use an online gas chromatograph Determine the GCV of fuel that is natural value of the GCV multiplied by 1.075 is less to determine daily fuel sulfur content, the gas, as defined in § 72.2 of this chapter, on than the sum of the mean value and one owner or operator shall develop and a monthly basis, in the same manner as standard deviation. If the gaseous fuel or implement a program to quality assure the described for pipeline natural gas in section blend does not meet this requirement, then data from the gas chromatograph, in 2.3.4.1 of this appendix. daily fuel sampling and analysis for GCV, accordance with the manufacturer’s 2.3.4.3 GCV of Other Gaseous Fuels using manual sampling, a gas chromatograph recommended procedures. The quality For gaseous fuels other than natural gas or or an on-line calorimeter is required. assurance procedures shall be kept on-site, in pipeline natural gas, determine the GCV as 2.3.6 Demonstration of Fuel Sulfur a form suitable for inspection. specified in section 2.3.4.3.1, 2.3.4.3.2 or Variability 2.3.3.1.4 Results of all sample analyses 2.3.4.3.3, as applicable. 2.3.4.3.1 For a (a) This demonstration is required for any must be available no later than thirty gaseous fuel that is delivered in discrete calendar days after the sample is taken. shipments or lots, determine the GCV for fuel which does not qualify as pipeline natural gas or natural gas and is not delivered 2.3.3.2 SO2 Mass Emission Rate each shipment or lot. The determination may in shipments or lots. The results of the Calculate the SO2 mass emission rate for be made by sampling each delivery or by the gaseous fuel, in lb/hr, using equation D– sampling the supply tank after each delivery. demonstration will be used to determine 4 in section 3.3.1 of this appendix. Use the For sampling of each delivery, use the whether daily or hourly sampling for sulfur appropriate sulfur content, in equation D–4, highest GCV in the previous year’s samples. in the fuel is required. To make this as specified in Table D–5 of this appendix. For sampling from the tank after each demonstration, proceed as follows. Provide a That is, for fuels delivered by pipeline which delivery, use either the most recent GCV minimum of 720 hours of data, indicating the demonstrate a low sulfur variability (under sample or the highest GCV in the previous total sulfur content (and hydrogen sulfide section 2.3.6 of this appendix) use either the year. 2.3.4.3.2 For any gaseous fuel that does content, if needed to define a fuel as either daily value or the highest value in the not qualify as pipeline natural gas or natural pipeline natural gas or natural gas) of the previous 30 days or for fuels requiring hourly gas and which is not delivered in shipments gaseous fuel or blend (in gr/100 scf). The sulfur content sampling with a gas or lots which performs the required 720 hour demonstration data shall be obtained using chromatograph use the actual hourly sulfur test under section 2.3.5 of this appendix, and either manual hourly sampling or an on-line content). the results of the test demonstrate that the gas chromatograph capable of determining fuel total sulfur content (and, if applicable, 2.3.3.3 Hourly Heat Input Rate gaseous fuel has a low GCV variability, determine the GCV at least monthly. In H2S content) on an hourly basis. For gaseous Calculate the hourly heat input rate for calculations of hourly heat input for a unit, fuel produced by a variable process, combustion of the gaseous fuel, using the use either the most recent monthly sample or additional data shall be provided which is provisions in section 3.4.1 of this appendix. the highest fuel GCV from the previous year’s representative of all process operating Use the measured fuel flow rate from section samples. 2.3.4.3.3 For any other gaseous fuel, conditions including seasonal or annual 2.1 of this appendix and the gross calorific determine the GCV at least daily and use the variations which may affect fuel sulfur value from section 2.3.4.3 of this appendix in actual fuel GCV in calculations of unit hourly content. the calculations. heat input. If an online gas chromatograph or (b) Reduce the data to hourly averages of 2.3.4 Gross Calorific Values for Gaseous on-line calorimeter is used to determine fuel the total sulfur content (and hydrogen sulfide Fuels GCV each day, the owner or operator shall content, if applicable) of the fuel. Then, develop and implement a program to quality calculate the mean value of the total sulfur Determine the GCV of each gaseous fuel at assure the data from the gas chromatograph content and standard deviation in order to the frequency specified in this section, using or on-line calorimeter, in accordance with determine whether daily sampling of the one of the following methods: ASTM D1826– the manufacturer’s recommended sulfur content of the gaseous fuel or blend is 88, ASTM D3588–91, ASTM D4891–89, GPA procedures. The quality assurance sufficient or whether hourly sampling with a Standard 2172–86 ‘‘Calculation of Gross procedures shall be kept on-site, in a form gas chromatograph is required. Specifically, Heating Value, Relative Density and suitable for inspection. daily gas sampling and analysis for total Compressibility Factor for Natural Gas sulfur content, using either manual sampling Mixtures from Compositional Analysis,’’ or 2.3.5 Demonstration of Fuel GCV or an online gas chromatograph, shall be GPA Standard 2261–90 ‘‘Analysis for Natural Variability sufficient, provided that the standard Gas and Similar Gaseous Mixtures by Gas (a) This demonstration is required of any deviation of the hourly average values from Chromatography’’ (incorporated by reference fuel which does not qualify as pipeline the mean value does not exceed 5.0 grains under § 75.6 of this part). Use the appropriate natural gas or natural gas, and is not per 100 scf. If the gaseous fuel or blend does GCV value, as specified in section 2.3.4.1, delivered only in shipments or lots. The not meet this requirement, then hourly 2.3.4.2 or 2.3.4.3 of this appendix, in the demonstration data shall be used to sampling of the fuel with a gas calculation of unit hourly heat input rates. determine whether daily or monthly sampling of the GCV of the gaseous fuel or chromatograph and hourly reporting of the 2.3.4.1 GCV of Pipeline Natural Gas blend is required. average sulfur content of the fuel is required. Determine the GCV of fuel that is pipeline (b) To make this demonstration, proceed as 2.4 * * * natural gas, as defined in § 72.2 of this follows. Provide a minimum of 720 hours of 2.4.1 Missing Data for Oil and Gas Samples chapter, at least once per calendar month. data, indicating the GCV of the gaseous fuel For GCV used in calculations use the or blend (in Btu/100 scf). The demonstration When fuel sulfur content, gross calorific specifications in Table D–5: either the value data shall be obtained using either: hourly value or, when necessary, density data are from the most recent monthly sample, the sampling and analysis using the methods in missing or invalid for an oil or gas sample highest value specified in a contract or tariff section 2.3.4 to determine GCV of the fuel; taken according to the procedures in section sheet, or the highest value from the previous an on-line gas chromatograph capable of 2.2.3, 2.2.4.1, 2.2.4.2, 2.2.4.3, 2.2.5, 2.2.6, year. The fuel GCV value from the most determining fuel GCV on an hourly basis; or 2.2.7, 2.3.3.1, 2.3.3.1.2, or 2.3.4 of this recent monthly sample shall be used for any an on-line calorimeter. For gaseous fuel appendix, then substitute the maximum month in which that value is higher than a produced by a variable process, the data shall potential sulfur content, density, or gross contract limit. If a unit combusts pipeline be representative of and include all process calorific value of that fuel from Table D–6 of natural gas for less than 48 hours during a operating conditions including seasonal and this appendix. Irrespective of which calendar month, the sampling and analysis yearly variations in process which may affect reporting option is selected (i.e., actual value, requirement for GCV is waived for that fuel GCV. contract value or highest value from the calendar month. The preceding waiver is (c) The data shall be reduced to hourly previous year, the missing data values in limited by the condition that at least one averages. The mean GCV value and the Table D–6 shall be reported whenever the

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TABLE D±6.ÐMISSING DATA SUBSTITUTION PROCEDURES FOR SULFUR, DENSITY, AND GROSS CALORIFIC VALUE DATA

Parameter Missing data substitution maximum potential value

Oil Sulfur Content ...... 3.5 percent for residual oil, or 1.0 percent for diesel fuel. Oil Density ...... 8.5 lb/gal for residual oil, or 7.4 lb/gal for diesel fuel. Oil GCV ...... 19,500 Btu/lb for residual oil, or 20,000 Btu/lb for diesel fuel. Gas Sulfur Content ...... 0.3 gr/100 scf for pipeline natural gas, or 1.0 gr/100 scf for natural gas, or Twice the highest total sulfur content value recorded in the previous 30 days when sampling gaseous fuel daily or hourly. Gas GCV/Heat Content ...... 1100 Btu/scf for pipeline natural gas, natural gas or landfill gas, or 1500 for butane or refinery gas. 2100 Btu/scf for propane or any other gaseous fuel.

2.4.2 Whenever data are missing from any 2.4.2.2 * * * 3. Calculations fuel flowmeter that is part of an excepted 2.4.2.3 For hours where two or more fuels Calculate hourly SO2 mass emission rate monitoring system under appendix D or E to are combusted, substitute the maximum from combustion of oil fuel using the this part, where the fuel flowmeter data are hourly fuel flow rate measured and recorded procedures in section 3.1 of this appendix. required to determine the amount of fuel by the flowmeter (or flowmeters, where fuel Calculate hourly SO2 mass emission rate combusted by the unit, use the procedures in is recirculated) for the fuel for which data are from combustion of gaseous fuel using the sections 2.4.2.2 and 2.4.2.3 of this appendix missing at the corresponding load range to account for the flow rate of fuel combusted recorded for each missing hour during the procedures in section 3.3 of this appendix. at the unit for each hour during the missing previous 720 hours when the unit combusted (Note: the SO2 mass emission rates in data period. In addition, a fuel flowmeter that fuel with any other fuel. For hours where sections 3.1 and 3.3 are calculated such that used for measuring fuel combusted by a no previous recorded fuel flow rate data are the rate, when multiplied by unit operating peaking unit may use the simplified fuel flow available for that fuel during the missing data time, yields the hourly SO2 mass emissions missing data procedure in section 2.4.2.1 of period, calculate and substitute the for a particular fuel for the unit.) Calculate this appendix. maximum potential flow rate of that fuel for hourly heat input rate for both oil and 2.4.2.1 Simplified Fuel Flow Missing Data the unit as defined in section 2.4.2.2 of this gaseous fuels using the procedures in section for Peaking Units appendix. 3.4 of this appendix. Calculate total SO2 mass If no fuel flow rate data are available for 2.4.3 * * * emissions and heat input for each hour, each a fuel flowmeter system installed on a 66. Appendix D to part 75 is further quarter and the year to date using the peaking unit (as defined in § 72.2 of this amended by: procedures under section 3.5 of this chapter), then substitute for each hour of a. Revising sections 3 through 3.2.1 and appendix. Where an oil flowmeter records missing data using the maximum potential 3.2.3; volumetric flow rate, use the calculation fuel flow rate. The maximum potential fuel b. Removing section 3.2.4; procedures in section 3.2 of this appendix to flow rate is the lesser of the following: c. Revising sections 3.3 through 3.3.3; calculate the mass flow rate of oil. (a) The maximum fuel flow rate the unit is d. Redesignating section 3.4 as 3.6 and 3.1 SO2 Mass Emission Rate Calculation for capable of combusting or (b) the maximum revising the first sentence; and Oil flow rate that the flowmeter can measure (i.e, e. Adding new sections 3.4 through 3.4.3 upper range value of flowmeter leading to a and sections 3.5 through 3.5.6 to read as 3.1.1 Use Equation D–2 to calculate SO2 unit). follows: mass emission rate per hour (lb/hr):

%S SO2= 2. 0 × OIL × oil (.Eq D-2) rate-oil rate 100. 0

Where: flow rate measurements and the density or Voil-rate = Volume rate of oil consumed per

SO2rate-oil = Hourly mass emission rate of specific gravity of the oil sample. hr, measured in scf/hr, gal/hr, barrels/hr, or 3 SO2 emitted from combustion of oil, lb/hr. * * * * * m /hr. OILrate = Mass rate of oil consumed per hr 3.2.3 Where density of the oil is Doil = Density of oil, measured in lb/scf, lb/ gal, lb/barrel, or lb/m3. during combustion, lb/hr. determined by the applicable ASTM %Soil = Percentage of sulfur by weight procedures from section 2.2.6 of this 3.3 SO2 Mass Emission Rate Calculation for measured in the sample. appendix, use Equation D–3 to calculate the Gaseous Fuels 2.0 = Ratio of lb SO 2/lb S. rate of the mass of oil consumed (in lb/hr): 3.3.1 Use Equation D–4 to calculate the 3.1.2 Record the SO2 mass emission rate SO2 mass emission rate when using the from oil for each hour that oil is combusted. = × OILrate V oil-rate D oil (. Eq D-3) optional gas sampling and analysis 3.2 Mass Flow Rate Calculation for Where: procedures in sections 2.3.1 and 2.3.2 of this Volumetric Oil Flowmeters appendix, or the required gas sampling and OILrate = Mass rate of oil consumed per hr, 3.2.1 Where the oil flowmeter records lb/hr. analysis procedures in section 2.3.3 of this volumetric flow rate rather than mass flow appendix. Total sulfur content of a fuel must rate, calculate and record the oil mass flow be determined using the procedures of rate for each hourly period using hourly oil 2.3.3.1.2 of this appendix:

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 2  SO2 = × GAS × S(. Eq D-4 ) rate-gas  7000 rate gas

= × Where: SO2rate ER HI rate ( Eq . D- 5 ) 3.4 Calculation of Heat Input Rate SO2rate-gas = Hourly mass rate of SO2 emitted where: 3.4.1 Heat Input Rate for Gaseous Fuels due to combustion of gaseous fuel, lb/hr. SO2rate = Hourly mass emission rate of SO2 (a) Determine total hourly gas flow or GASrate = Hourly metered flow rate of gaseous fuel combusted, 100 scf/hr. from combustion of a gaseous fuel, lb/hr. average hourly gas flow rate with a fuel ER = SO2 emission rate from section 2.3.1.1 flowmeter in accordance with the Sgas = Sulfur content of gaseous fuel, in grain/ requirements of section 2.1 of this appendix 100 scf. or 2.3.2.1.1, of this appendix, lb/mmBtu. HIrate = Hourly heat input rate of a gaseous and the fuel GCV in accordance with the 2.0 = Ratio of lb SO2/lb S. fuel, calculated using procedures in requirements of section 2.3.4 of this 7000 = Conversion of grains/100 scf to lb/100 appendix. If necessary perform the 720-hour scf. section 3.4.1 of this appendix, in mmBtu/hr. test under section 2.3.5 to determine the 3.3.2 Use Equation D–5 to calculate the appropriate fuel GCV sampling frequency. 3.3.3 Record the SO2 mass emission rate SO2 mass emission rate when using a default (b) Then, use Equation D–6 to calculate for each hour when the unit combusts a emission rate from section 2.3.1.1 or 2.3.2.1.1 heat input rate from gaseous fuels for each of this appendix: gaseous fuel. hour.

GAS× GCV HI = rate gas (.Eq D-6) rate-gas 106

Where: 3.4.2 Heat Input Rate From the Combustion OILrate = Average fuel flow rate for the of Oil HIrate-gas = Hourly heat input rate from portion of the hour which the unit combustion of the gaseous fuel, mmBtu/ (a) Determine total hourly oil flow or operated in lb/hr. hr. average hourly oil flow rate with a fuel OILunit = Total fuel combusted during GASrate = Average volumetric flow rate of flowmeter, in accordance with the fuel, for the portion of the hour in which requirements of section 2.1 of this appendix. the hour, lb. the unit operated, 100 scf/hr. Determine oil GCV according to the t = Unit operating time, hour or fraction of an hour (in equal increments that can GCVgas = Gross calorific value of gaseous requirements of section 2.2 of this appendix. fuel, Btu/hr. Then, use Equation D–8 to calculate hourly range from one hundredth to one quarter of an hour, at the option of the owner or 10 6 = Conversion of Btu to mmBtu. heat input rate from oil for each hour: operator). (c) Note that when fuel flow is measured GCVoil 3.4.3 Apportioning Heat Input Rate to on an hourly totalized basis (e.g. a fuel HI= OIL (.)Eq D-8 rate-oil rate 6 Multiple Units flowmeter reports totalized fuel flow for each 10 hour), before Equation D–6 can be used, the Where: (a) Use the procedure in this section to total hourly fuel usage must be converted HIrate-oil = Hourly heat input rate from apportion hourly heat input rate to two or from units of 100 scf to units of 100 scf/hr combustion of oil, mmBtu/hr. more units using a single fuel flowmeter using Equation D–7: OILrate = Mass rate of oil consumed per hour, which supplies fuel to the units. (This as determined using procedures in procedure is not applicable to units section 3.2.3 of this appendix, in lb/hr, GASunit calculating NOX mass emissions using the GAS = (Eq . D-7 ) tons/hr, or kg/hr. rate t provisions of subpart H of this part.) The GCVoil = Gross calorific value of oil, Btu/lb, designated representative may also petition Where: Btu/ton, Btu/kg. the Administrator under § 75.66 to use this 106 = Conversion of Btu to mmBtu. GASrate = Average volumetric flow rate of fuel apportionment procedure to calculate SO2 for the portion of the hour in which the (b) Note that when fuel flow is measured and CO2 mass emissions. unit operated, 100 scf/hr. on an hourly totalized basis (e.g., a fuel flowmeter reports totalized fuel flow for each (b) Determine total hourly fuel flow or flow GASunit = Total fuel combusted during the hour), before equation D–8 can be used, the rate through the fuel flowmeter supplying gas hour, 100 scf. total hourly fuel usage must be converted or oil fuel to the units. Convert fuel flow rates t = Unit operating time, hour or fraction of from units of lb to units of lb/hr, using to units of 100 scf for gaseous fuels or to lb an hour (in equal increments that can equation D–9: range from one hundredth to one quarter for oil, using the procedures of this appendix. of an hour, at the option of the owner or Apportion the fuel to each unit separately OIL unit = based on hourly output of the unit in MWe operator). OIL rate (Eq . D-9 ) t or 1000 lb of steam/hr (klb/hr) using Where: Equation D–10 or D–11, as applicable:

  U =  output  GASunit GAS meter   (.Eq D-10)  ∑ Uoutput   all-units 

Where: GASunit = Gas flow apportioned to a unit, 100 GASmeter = Total gas flow through the fuel scf. flowmeter, 100 scf. Uoutput = Total unit output, MW or klb/hr.

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  U =  output  OILunit OIL meter   (.Eq D-11)  ∑ Uoutput   all-units 

Where: 3.5 Conversion of Hourly Rates to Hourly, SO2rate-i = SO2 mass emission rate for each Quarterly and Year to Date Totals type of gas or oil fuel combusted during OILunit = Oil flow apportioned to a unit, lb. the hour, lb/hr. OILmeter = Total oil flow through the fuel 3.5.1 Hourly SO2 Mass Emissions From the flowmeter, lb. Combustion of All Fuels ti = Time each gas or oil fuel was combusted for the hour (fuel usage time), fraction of Uoutput = Total unit output in either MWe or Determine the total mass emissions for klb/hr. an hour (in equal increments that can each hour from the combustion of all fuels range from one hundredth to one quarter (c) Use the total apportioned fuel flow using Equation D–12: of an hour, at the option of the owner or calculated from Equation D–10 or D–11 to operator). calculate the hourly unit heat input rate, M= ∑SO2 t(. Eq D-12) SO2-hr rate-i i 3.5.2 Quarterly Total SO2 Mass Emissions using Equations D–6 and D–7 (for gas) or all-fuels Equations D–8 and D–9 (for oil). Where: Sum the hourly SO2 mass emissions in lb as determined from Equation D–12 for all MSO2-hr = Total mass of SO2 emissions from all fuels combusted during the hour, lb. hours in a quarter using Equation D–13:

= 1 MSO2-qtr∑ M SO 2 -hr (. Eq D-13) 2000 all-hours-in-qtr

Where: MSO2-hr = Hourly SO2 mass emissions 3.5.3 Year to Date SO2 Mass Emissions determined using Equation D–12, lb. MSO2-qtr = Total mass of SO2 emissions from Calculate and record SO2 mass emissions all fuels combusted during the quarter, 2000= Conversion factor from lb to tons. in the year to date using Equation D–14: tons.

current-quarter = MSO2-YTD∑ M SO2-qtr (. Eq D-14) q=1

Where: = 1 Appendix E to Part 75—Optional NOX HIqtr∑ HI hr (. Eq D-16) Emissions Estimation Protocol for Gas-Fired MSO2-YTD = Total SO2 mass emissions for the 2000 year to date, tons. all-hours-in-qtr Peaking Units and Oil-Fired Peaking Units MSO2-qtr = Total SO2 mass emissions for the Where: * * * * * quarter, tons. HIqtr = Total heat input from all fuels 2. Procedure 3.5.4 Hourly Total Heat Input from the combusted during the quarter, mmBtu. * * * * * Combustion of all Fuels HIhr = Hourly heat input determined using Equation D–15, mmBtu. 2.4 Procedures for Determining Hourly NOX Determine the total heat input in mmBtu Emission Rate 3.5.6 Year-to-Date Heat Input for each hour from the combustion of all * * * * * fuels using Equation D–15: Calculate and record the total heat input in 2.4.2 Use the graph of the baseline = the year to date using Equation D–17. correlation results (appropriate for the fuel or HIhr∑ HI rate-i t i (. Eq D-15) fuel combination) to determine the NOX all-fuels current-quarter emissions rate (lb/mmBtu) corresponding to = Where: HIYTD∑ HI qtr (. Eq D-17) the heat input rate (mmBtu/hr). Input this q=1 correlation into the data acquisition and HIhr = Total heat input from all fuels handling system for the unit. Linearly combusted during the hour, mmBtu. HIYTD = Total heat input for the year to date, interpolate to 0.1 mmBtu/hr heat input rate HIrate-i =Heat input rate for each type of gas mmBtu. and 0.01 lb/mmBtu NOX (0.001 lb/mmBtu or oil combusted during the hour, qtr HI = Total heat input for the quarter, NOX after April 1, 2000). For each type of mmBtu/hr. mmBtu. fuel, calculate NOX emission rate using the ti = Time each gas or oil fuel was combusted 3.6 Records and Reports baseline correlation results from the most for the hour (fuel usage time), fraction of recent test with that fuel, beginning with the Calculate and record quarterly and an hour (in equal increments that can date and hour of the completion of the most range from one hundredth to one quarter cumulative SO2 mass emissions and heat recent test. of an hour, at the option of the owner or input for each calendar quarter using the 2.4.3 To determine the NOX emission rate operator). procedures and equations of section 3.5 of for a unit co-firing fuels that has not been 3.5.5 Quarterly Heat Input this appendix. * * * tested for that combination of fuels, 67. Appendix E to part 75 is amended by interpolate between the NOX emission rate Sum the hourly heat input values revising sections 2.4.2, 2.4.3, 2.4.4, 2.5.4 and for each fuel as follows. Determine the heat determined from equation D–15 for all hours 2.5.5 to read as follows: input rate for the hour (in mmBtu/hr) for in a quarter using Equation D–16: each fuel and select the corresponding NOX emission rate for each fuel on the appropriate graph. (When a fuel is combusted for a partial

VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 28666 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations hour, determine the fuel usage time for each beginning with the date and hour of the 2.5.5 Substitute missing data for gross fuel and determine the heat input rate from completion of the most recent test. calorific value of fuel using the procedures in each fuel as if that fuel were combusted at 2.4.4 For each hour, record the critical sections 2.4.1 of appendix D to this part. that rate for the entire hour in order to select quality assurance parameters, as identified in 68. Appendix E to part 75 is further the corresponding NOX emission rate.) the monitoring plan, and as required by amended by revising sections 3.1, 3.3.1, and Calculate the total heat input to the unit in section 2.3 of this appendix from the date 3.3.4 to read as follows: mmBtu for the hour from all fuel combusted and hour of the completion of the most recent test for each type of fuel. 3. Calculations using Equation E–1. Calculate a Btu-weighted average of the emission rates for all fuels 2.5 Missing Data Procedures 3.1 Heat Input using Equation E–2 of this appendix. For * * * * * Calculate the total heat input by summing each type of fuel, calculate NOX emission 2.5.4 Substitute missing data from a fuel the product of heat input rate and fuel usage rate using the baseline correlation results flowmeter using the procedures in section time of each fuel, as in the following from the most recent test with that fuel, 2.4.2 of appendix D to this part. equation:

= + + + + HT HI fuel1 t 1 HI fuel 2 t 2 HI fuel 3 t 3 ... HI lastfuel t last ( Eq . E-1)

Where: Where: technologies. When computing hourly SO2

HT = Total heat input of fuel flow or a Eh = NOX emission rate for the unit for the emission rate in lb/mmBtu, a minimum combination of fuel flows to a unit, hour, lb/mmBtu. concentration of 5.0 percent CO2 and a mmBtu. Ef = NOX emission rate for the unit for a maximum concentration of 14.0 percent O2 HIfuel 1,2,3,...last = Heat input rate from each given fuel at heat input rate HIf, lb/ may be substituted for measured diluent gas fuel, in mmBtu/hr as determined using mmBtu. concentration values at boilers during hours Equation F–19 or F–20 in section 5.5 of HIf = Heat input rate for the hour for a given when the hourly average concentration of appendix F to this part, mmBtu/hr. fuel, during the fuel usage time, as CO2 is less than 5.0 percent CO2 or the hourly t1,2,3....last = Fuel usage time for each fuel determined using Equation F–19 or F–20 average concentration of O2 is greater than (rounded up to the nearest fraction of an in section 5.5 of appendix F to this part, 14.0 percent O2. hour (in equal increments that can range mmBtu/hr. 2.1 When measurements of SO2 from one hundredth to one quarter of an HT = Total heat input for all fuels for the hour hour, at the option of the owner or from Equation E–1. concentration and flow rate are on a wet operator)). tf = Fuel usage time for each fuel (rounded basis, use the following equation to compute * * * * * up to the nearest fraction of an hour (in hourly SO2 mass emission rate (in lb/hr): 3.3 * * * equal increments that can range from one hundredth to one quarter of an hour, at E= KC Q( Eq . F-1) 3.3.1 Conversion from Concentration to h h h the option of the owner or operator)). Emission Rate Where: Note: For hours where a fuel is combusted Convert the NOX concentrations (ppm) and Eh = Hourly SO2 mass emission rate during for only part of the hour, use the fuel flow O2 concentrations to NOX emission rates (to unit operation, lb/hr. rate or mass flow rate during the fuel usage ±7 the nearest 0.01 lb/mmBtu for tests K = 1.660 × 10 for SO2, (lb/scf)/ppm. time, instead of the total fuel flow or mass performed prior to April 1, 2000, or to the Ch = Hourly average SO2 concentration nearest 0.001 lb/mmBtu for tests performed flow during the hour, when calculating heat input rate using Equation F–19 or F–20. during unit operation, stack moisture on and after April 1, 2000), according to the basis, ppm. appropriate one of the following equations: 69. Appendix F to part 75 is amended by Qh = Hourly average volumetric flow rate F–5 in appendix F to this part for dry basis revising sections 2, 2.1, 2.2, 2.3, and 2.4 to during unit operation, stack moisture concentration measurements or 19–3 in read as follows: basis, scfh. Method 19 of appendix A to part 60 of this Appendix F to Part 75—Conversion 2.2 When measurements by the SO2 pollutant chapter for wet basis concentration Procedures measurements. concentration monitor are on a dry basis and * * * * * the flow rate monitor measurements are on * * * * * a wet basis, use the following equation to 2. Procedures for SO2 Emissions 3.3.4 Average NOX Emission Rate During compute hourly SO2 mass emission rate (in Co-firing of Fuels Use the following procedures to compute lb/hr): hourly SO2 mass emission rate (in lb/hr) and all fuels quarterly and annual SO2 total mass × ∑()E f HIf t f emissions (in tons). Use the procedures in Method 19 in appendix A to part 60 of this E = f=1 (.Eq E-2) h H chapter to compute hourly SO2 emission T rates (in lb/mmBtu) for qualifying Phase I

()100 − %HO E= K C Q 2 (Eq . F-2) h hp hs 100

where: %H2O = Hourly average stack moisture n Eh = Hourly SO2 mass emission rate during content during unit operation, percent by ∑ Eh t h unit operation, lb/hr. volume. = h= i ±7 E q (Eq . F-3) K = 1.660 x 10 for SO2, (lb/scf)/ppm. 2.3 Use the following equations to 2000 Chp = Hourly average SO2 concentration calculate total SO2 mass emissions for each Where: during unit operation, ppm (dry). calendar quarter (Equation F–3) and for each Eq = Quarterly total SO2 mass emissions, Qhs = Hourly average volumetric flow rate calendar year (Equation F–4), in tons: during unit operation, scfh as measured tons. (wet). Eh = Hourly SO2 mass emission rate, lb/hr.

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th = Unit operating time, hour or fraction of Where: 4.2 When CO2 concentration is measured an hour (in equal increments that can Eq = Quarterly average NOX emission rate, lb/ on a dry basis, use Equation F–2 to calculate range from one hundredth to one quarter mmBtu. the hourly CO2 mass emission rate (in tons/ of an hour, at the option of the owner or Ei = Hourly average NOX emission rate hr) with a K-value of 5.7 x 10±7 (tons/scf) operator). during unit operation, lb/mmBtu. percent CO2, where Eh = hourly CO2 mass n = Number of hourly SO2 emissions values n = Number of hourly rates during calendar during calendar quarter. emission rate, tons/hr and Chp = hourly quarter. 2000 = Conversion of 2000 lb per ton. average CO2 concentration in flue, dry basis, percent CO2. m 4.3 Use the following equations to 4 E = i calculate total CO2 mass emissions for each = Ea ∑ (Eq . F-10 ) Ea∑ E q ( Eq . F-4 ) calendar quarter (Equation F–12) and for i=1 m q=1 each calendar year (Equation F–13): Where: Where: Ea = Average NOX emission rate for the HR Ea = Annual total SO2 mass emissions, tons. calendar year, lb/mmBtu. E= ∑ E t( Eq . F-12) Eq = Quarterly SO2 mass emissions, tons. CO2 q h h Ei = Hourly average NOX emission rate h=1 q = Quarters for which Eq are available during unit operation, lb/mmBtu. during calendar year. Where: m = Number of hourly rates for which Ei is 2.4 Round all SO2 mass emission rates and available in the calendar year. ECO2q = Quarterly total CO2 mass emissions, totals to the nearest tenth. tons. 3.5 Round all NOX emission rates to the 70. Appendix F to part 75 is further nearest 0.01 lb/mmBtu prior to April 1, 2000, Eh = Hourly CO2 mass emission rate, tons/hr. amended by revising sections 3.3.2, 3.3.3, th=Unit operating time, in hours or fraction 3.3.4, 3.4, and 3.5 to read as follows: and to the nearest 0.001 lb/mmBtu on and after April 1, 2000. of an hour (in equal increments that can range from one hundredth to one quarter 3. Procedures for NOX Emission Rate 71. Appendix F to part 75 is further of an hour, at the option of the owner or amended by revising sections 4.1, 4.2, 4.3, * * * * * operator). 3.3 * * * 4.4, and 4.4.1 to read as follows: HR = Number of hourly CO2 mass emission 3.3.2 E = Pollutant emissions during unit 4. Procedures for CO2 Mass Emissions rates available during calendar quarter. operation, lb/mmBtu. * * * * * 3.3.3 Ch = Hourly average pollutant concentration during unit operation, 4.1 When CO2 concentration is measured on a wet basis, use the following equation to 4 ppm. E= ∑ E( Eq . F-13) 3.3.4 %O2, %CO2 = Oxygen or carbon calculate hourly CO2 mass emissions rates (in CO2a CO 2 q dioxide volume during unit operation tons/hr): q=1 (expressed as percent O2 or CO2). A = Where: minimum concentration of 5.0 percent Eh KC h Q h ( Eq . F-11) ECO2a = Annual total CO2 mass emission, CO2 and a maximum concentration of Where: 14.0 percent O2 may be substituted for ECO2q = Quarterly total CO2 mass emissions, measured diluent gas concentration Eh = Hourly CO2 mass emission rate during tons. unit operation, tons/hr. values at boilers during hours when the q = Quarters for which ECO2q are available ±7 hourly average concentration of CO2 is K = 5.7 X 10 for CO2, (tons/scf) /%CO2. during calendar year. Ch = Hourly average CO2 concentration < 5.0 percent CO2 or the hourly average 4.4 For an affected unit, when the owner concentration of O2 is > 14.0 percent O2. during unit operation, wet basis, percent or operator is continuously monitoring O2 A minimum concentration of 1.0 percent CO2. For boilers, a minimum concentration (in percent by volume) of flue CO2 and a maximum concentration of concentration of 5.0 percent CO2 may be gases using an O2 monitor, use the equations 19.0 percent O2 may be substituted for substituted for the measured measured diluent gas concentration concentration when the hourly average and procedures in section 4.4.1 and 4.4.2 of values at stationary gas turbines during concentration of CO2 is < 5.0 percent this appendix to determine hourly CO2 mass hours when the hourly average CO2, provided that this minimum emissions (in tons). concentration of 5.0 percent CO2 is also concentration of CO2 is < 1.0 percent 4.4.1 Use appropriate F and Fc factors from used in the calculation of heat input for CO2 or the hourly average concentration section 3.3.5 of this appendix in one of the of O2 is > 19.0 percent O2. that hour. For stationary gas turbines, a minimum concentration of 1.0 percent following equations (as applicable) to * * * * * CO2 may be substituted for measured determine hourly average CO2 concentration 3.4 Use the following equations to diluent gas concentration values during of flue gases (in percent by volume): calculate the average NOX emission rate for hours when the hourly average each calendar quarter (Equation F–9) and the concentration of CO2 is < 1.0 percent average emission rate for the calendar year CO2, provided that this minimum (Equation F–10), in lb/mmBtu: concentration of 1.0 percent CO2 is also used in the calculation of heat input for n E that hour. E = ∑ i (Eq . F-9 ) q n Qh = Hourly average volumetric flow rate i=1 during unit operation, wet basis, scfh.

F 20.9 − O CO = 100 c 2 d (.Eq F-14a) 2d F 20. 9

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CO2d = Hourly average CO2 concentration O2d = Hourly average O2 concentration during unit operation, percent by during unit operation, percent by volume, dry basis. volume, dry basis. For boilers, a F, Fc = F-factor or carbon-based Fc-factor from maximum concentration of 14.0 percent section 3.3.5 of this appendix. O2 may be substituted for the measured 20.9 = Percentage of O2 in ambient air. concentration when the hourly average concentration of O2 is > 14.0 percent O2, provided that this maximum concentration of 14.0 percent O2 is also used in the calculation of heat input for that hour. For stationary gas turbines, a maximum concentration of 19.0 percent O2 may be substituted for measured diluent gas concentration values during hours when the hourly average concentration of O2 is > 19.0 percent O2, provided that this maximum concentration of 19.0 percent O2 is also used in the calculation of heat input for that hour.

100 F  100 − %HO  CO = c 20. 9 2 − O (. Eq F-14b) 2w20. 9 F   100  2 w 

Where: 5.5, 5.5.1 and 5.5.2; and by adding new 1 %CO HI= Q 2w (.Eq F-15) CO2w = Hourly average CO2 concentration sections 5.6 through 5.6.2 and 5.7 and by w F 100 during unit operation, percent by removing and revising section 5.4 to read as c volume, wet basis. follows: Where: O2w = Hourly average O2 concentration HI = Hourly heat input rate during unit during unit operation, percent by 5. Procedures for Heat Input operation, mmBtu/hr. volume, wet basis. For boilers, a Use the following procedures to compute Qw = Hourly average volumetric flow rate maximum concentration of 14.0 percent heat input rate to an affected unit (in mmBtu/ during unit operation, wet basis, scfh. O2 may be substituted for the measured hr or mmBtu/day): Fc = Carbon-based F-factor, listed in concentration when the hourly average section 3.3.5 of this appendix for each fuel, 5.1 Calculate and record heat input rate to concentration of O2 is > 14.0 percent O2, scf/mmBtu. an affected unit on an hourly basis, except as provided that this maximum %CO2w = Hourly concentration of CO2 during provided in sections 5.5 through 5.5.7. The concentration of 14.0 percent O2 is also unit operation, percent CO2 wet basis. used in the calculation of heat input for owner or operator may choose to use the For boilers, a minimum concentration of that hour. For stationary gas turbines, a provisions specified in § 75.16(e) or in 5.0 percent CO2 may be substituted for maximum concentration of 19.0 percent section 2.1.2 of appendix D to this part in the measured concentration when the O2 may be substituted for measured conjunction with the procedures provided in hourly average concentration of CO2 is < diluent gas concentration values during 5.0 percent CO2, provided that this hours when the hourly average sections 5.6 through 5.6.2 to apportion heat input among each unit using the common minimum concentration of 5.0 percent concentration of O2 is > 19.0 percent O2, CO2 is also used in the calculation of stack or common pipe header. provided that this maximum CO2 mass emissions for that hour. For concentration of 19.0 percent O2 is also 5.2 For an affected unit that has a flow stationary gas turbines, a minimum used in the calculation of heat input for monitor (or approved alternate monitoring concentration of 1.0 percent CO2 may be that hour. system under subpart E of this part for substituted for measured diluent gas F, Fc = F-factor or carbon-based Fc-factor from measuring volumetric flow rate) and a concentration values during hours when section 3.3.5 of this appendix. diluent gas (O2 or CO2) monitor, use the the hourly average concentration of CO2 20.9 = Percentage of O2 in ambient air. recorded data from these monitors and one is < 1.0 percent CO2, provided that this %H2O = Moisture content of gas in the stack, minimum concentration of 1.0 percent of the following equations to calculate hourly percent. CO2 is also used in the calculation of heat input rate (in mmBtu/hr). * * * * * CO2 mass emissions for that hour. 5.2.1 When measurements of CO2 72. Appendix F to part 75 is amended by 5.2.2 When measurements of CO2 revising sections 5 through 5.2.4; adding concentration are on a wet basis, use the concentration are on a dry basis, use the sections 5.3 through 5.3.2; revising sections following equation: following equation:

()100 − %HO  %CO  =  2  2d  HI Q h   (Eq . F-16)  100Fc  100

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Where: %CO2d = Hourly concentration of CO2 during %H2O = Moisture content of gas in the stack, HI = Hourly heat input rate during unit unit operation, percent CO2 dry basis. percent. For boilers, a minimum concentration of operation, mmBtu/hr. 5.2.3 When measurements of O2 5.0 percent CO2 may be substituted for Qh = Hourly average volumetric flow rate concentration are on a wet basis, use the the measured concentration when the during unit operation, wet basis, scfh. following equation: hourly average concentration of CO2 is < Fc = Carbon-based F-Factor, listed in section 5.0 percent CO2, provided that this 3.3.5 of this appendix for each fuel, scf/ minimum concentration of 5.0 percent mmBtu. CO2 is also used in the calculation of CO2 mass emissions for that hour. For stationary gas turbines, a minimum concentration of 1.0 percent CO2 may be substituted for measured diluent gas concentration values during hours when the hourly average concentration of CO2 is < 1.0 percent CO2, provided that this minimum concentration of 1.0 percent CO2 is also used in the calculation of CO2 mass emissions for that hour.

() − − 1 []20./%% 9 100() 100 HOO2 2w HI= Q (.Eq F-17) w F 20. 9

Where: HI = Hourly heat input rate during 5.2.4 When measurements of O2 unit operation, mmBtu/hr. concentration are on a dry basis, use the Qw = Hourly average volumetric flow rate following equation: during unit operation, wet basis, scfh. F = Dry basis F-factor, listed in section 3.3.5 of this appendix for each fuel, dscf/mmBtu. %O2w = Hourly concentration of O2 during unit operation, percent O2 wet basis. For boilers, a maximum concentration of 14.0 percent O2 may be substituted for the measured concentration when the hourly average concentration of O2 is > 14.0 percent O2, provided that this maximum concentration of 14.0 percent O2 is also used in the calculation of CO2 mass emissions for that hour. For stationary gas turbines, a maximum concentration of 19.0 percent O2 may be substituted for measured diluent gas concentration values during hours when the hourly average concentration of O2 is > 19.0 percent O2, provided that this maximum concentration of 19.0 percent O2 is also used in the calculation of CO2 mass emissions for that hour. %H2O = Hourly average stack moisture content, percent by volume.

()100 − %HO  ()20.% 9 − O  HI= Q  2   2d  (.Eq F-18) w  100 F   20. 9 

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Where: 5.3.2 Calculate total cumulative heat data procedures in § 75.36, oil samples for HI = Hourly heat input rate during input for a unit or common stack using a flow measuring GCV may be taken weekly, and monitor and diluent monitor to calculate heat unit operation, mmBtu/hr. the procedures specified in appendix D to input, using the following equation: this part for determining the mass rate of oil Qw = Hourly average volumetric flow during unit operation, wet basis, scfh. the current quarter consumed per hour are optional. HI= ∑ HI(. Eq F-18b) 5.5.2 When the unit is combusting F = Dry basis F-factor, listed in c q gaseous fuels, use the following equation to q=1 section 3.3.5 of this appendix for each calculate heat input rate from gaseous fuels fuel, dscf/mmBtu. Where: for each hour: %H2O = Moisture content of the stack gas, HIc = Total heat input for the year to date, percent. mmBtu. ()× %O2d = Hourly concentration of O2 during Qg GCV g HIq = Total heat input for the quarter, HI = (Eq . F-20) unit operation, percent O2 dry basis. For mmBtu. g 6 boilers, a maximum concentration of 10 5.4 [Reserved] 14.0 percent O2 may be substituted for Where: the measured concentration when the 5.5 For a gas-fired or oil-fired unit that HIg = Hourly heat input rate from gaseous hourly average concentration of O2 is > does not have a flow monitor and is using the fuel, mmBtu/hour. 14.0 percent O2, provided that this procedures specified in appendix D to this Qg = Metered flow rate of gaseous fuel maximum concentration of 14.0 percent part to monitor SO2 emissions or for any unit using a common stack for which the owner combusted during unit operation, O2 is also used in the calculation of CO2 hundred cubic feet. mass emissions for that hour. For or operator chooses to determine heat input by fuel sampling and analysis, use the GCVg = Gross calorific value of gaseous fuel, stationary gas turbines, a maximum as determined by sampling (for each concentration of 19.0 percent O2 may be following procedures to calculate hourly heat input rate in mmBtu/hr. The procedures of delivery for gaseous fuel in lots, for each substituted for measured diluent gas daily gas sample for gaseous fuel concentration values during hours when section 5.5.3 of this appendix shall not be used to determine heat input from a coal unit delivered by pipeline, for each hourly the hourly average concentration of O2 is that is required to comply with the average for gas measured hourly with a > 19.0 percent O2, provided that this gas chromatograph, or for each monthly maximum concentration of 19.0 percent provisions of this part for monitoring, recording, and reporting NOX mass emissions sample of pipeline natural gas, or as O2 is also used in the calculation of CO2 under a State or federal NOX mass emission verified by the contractual supplier at mass emissions for that hour. reduction program. least once every month pipeline natural 5.3 Heat Input Summation (for Heat Input 5.5.1(a) When the unit is combusting oil, gas is combusted, as specified in section Determined Using a Flow Monitor and use the following equation to calculate 2.3 of appendix D to this part) using Diluent Monitor) hourly heat input rate: ASTM D1826–88, ASTM D3588–91, 5.3.1 Calculate total quarterly heat input ASTM D4891–89, GPA Standard 2172– for a unit or common stack using a flow = GCVo 86 ‘‘Calculation of Gross Heating Value, monitor and diluent monitor to calculate heat HIo M o 6 (Eq . F-19) Relative Density and Compressibility input, using the following equation: 10 Factor for Natural Gas Mixtures from Where: Compositional Analysis,’’ or GPA n HIo = Hourly heat input rate from oil, Standard 2261–90 ‘‘Analysis for Natural = HIq∑ HI i t i ( Eq . F-18a) mmBtu/hr. Gas and Similar Gaseous Mixtures by hour=1 Mo = Mass rate of oil consumed per hour, as Gas Chromatography,’’ Btu/100 scf Where: determined using procedures in (incorporated by reference under § 75.6). appendix D to this part, in lb/hr, tons/ 106 = Conversion of Btu to mmBtu. HIq = Total heat input for the quarter, hr, or kg/hr. * * * * * GCVo = Gross calorific value of oil, as mmBtu. 5.6 Heat Input Rate Apportionment for HIi = Hourly heat input rate during unit measured by ASTM D240–87 Units Sharing a Common Stack or Pipe operation, using Equation F–15, F–16, F– (Reapproved 1991), ASTM D2015–91, or 5.6.1 Where applicable, the owner or 17, or F–18, mmBtu/hr. ASTM D2382–88 for each oil sample operator of an affected unit that determines ti = Hourly operating time for the unit or under section 2.2 of appendix D to this common stack, hour or fraction of an part, Btu/unit mass (incorporated by heat input rate at the unit level by hour (in equal increments that can range reference under § 75.6). apportioning the heat input monitored at a from one hundredth to one quarter of an 106 = Conversion of Btu to mmBtu. common stack or common pipe using hour, at the option of the owner or (b) When performing oil sampling and megawatts should apportion the heat input operator). analysis solely for the purpose of the missing rate using the following equation:

     t   MW t  HI= HI CS i i (Eq . F-21a) i CS    n   t i  ∑ MWi t i   i=1 

Where: ti = Operating time at a particular unit, hour tCS = Operating time at common stack, hour or fraction of an hour (in equal or fraction of an hour (in equal HIi = Heat input rate for a unit, mmBtu/hr. increments that can range from one increments that can range from one HIcs = Heat input rate at the common stack or pipe, mmBtu/hr. hundredth to one quarter of an hour, at hundredth to one quarter of an hour, at the option of the owner or operator). the option of the owner or operator). MWi = Gross electrical output, MWe. n = Total number of units using the common stack. i = Designation of a particular unit.

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5.6.2 Where applicable, the owner or apportioning the heat input rate monitored at load should apportion the heat input rate operator of an affected unit that determines a common stack or common pipe using steam using the following equation: the heat input rate at the unit level by

     t   SF t  HI= HI CS i i (Eq . F-21b) i CS    n   t i  ∑SFi t i   i=1 

Where: or natural gas in § 72.2 of this chapter, SO2 (Eq. G–1) HIi = Heat input rate for a unit, mmBtu/hr. emissions are determined in accordance with Where: HICS = Heat input rate at the common stack § 75.11(e)(1). or pipe, mmBtu/hr. * * * * * SF = Gross steam load, lb/hr. E= ()(. ER (HI) Eq F-23) Wc = Carbon burned, lb/day, determined h using fuel sampling and analysis and ti = Operating time at a particular unit, hour Where: or fraction of an hour (in equal fuel feed rates. Collect at least one fuel increments that can range from one Eh = Hourly SO2 mass emissions, lb/hr. sample during each week that the unit combusts coal, one sample per each hundredth to one quarter of an hour, at ER = Applicable SO2 default emission rate the option of the owner or operator). from section 2.3.1.1 or 2.3.2.1.1 of shipment or delivery for oil and diesel fuel, one fuel sample for each delivery tCS = Operating time at common stack, hour appendix D to this part, lb/mmBtu. or fraction of an hour (in equal HI = Hourly heat input, as determined using for gaseous fuel in lots, one sample per increments that can range from one the procedures of section 5.2 of this day or per hour (as applicable) for each hundredth to one quarter of an hour, at appendix. gaseous fuel that is required to be sampled daily or hourly for gross the option of the owner or operator). 74. Appendix F is further amended by n = Total number of units using the common calorific value under section 2.3.5.6 of correcting section 8 to read as follows: stack. appendix D to this part, and one sample per month for each gaseous fuel that is i = Designation of a particular unit. 8. Procedures for NOX Mass Emissions required to be sampled monthly for gross 5.7 Heat Input Rate Summation for Units The owner or operator of a unit that is calorific value under section 2.3.4.1 or with Multiple Stacks or Pipes required to monitor, record, and report NOX 2.3.4.2 of appendix D to this part. Collect The owner or operator of an affected unit mass emissions under a State or federal NOX coal samples from a location in the fuel that determines the heat input rate at the unit mass emission reduction program must use handling system that provides a sample level by summing the heat input rates the procedures in section 8.1, 8.2, or 8.3, as representative of the fuel bunkered or monitored at multiple stacks or multiple applicable, to account for hourly NOX mass consumed during the week. Determine pipes should sum the heat input rates using emissions, and the procedures in section 8.4 the carbon content of each fuel sampling the following equation: using one of the following methods: to account for quarterly, seasonal, and annual ASTM D3178–89 or ASTM D5373–93 for NOX mass emissions to the extent that the n coal; ASTM D5291–92 ‘‘Standard Test provisions of subpart H of this part are ∑ HIs t s Methods for Instrumental Determination adopted as requirements under such a HI = s=1 (Eq . F-21c) of Carbon, Hydrogen, and Nitrogen in Unit t program. Petroleum Products and Lubricants,’’ Unit 75. Appendix G to part 75 is amended by ultimate analysis of oil, or computations Where: revising the paragraph defining the term based upon ASTM D3238–90 and either HIUnit = Heat input rate for a unit, mmBtu/ ‘‘Wc’’ that follows Equation G–1 and by ASTM D2502–87 or ASTM D2503–82 hr. revising the paragraph defining the term ‘‘Fc’’ (Reapproved 1987) for oil; and HIs = Heat input rate for each stack or duct that follows Equation G–4 to read as follows: computations based on ASTM D1945–91 leading from the unit, mmBtu/hr. or ASTM D1946–90 for gas. Use daily tUnit = Operating time for the unit, hour or Appendix G to Part 75—Determination of fuel feed rates from company records for fraction of the hour (in equal increments CO2 Emissions all fuels and the carbon content of the that can range from one hundredth to * * * * * most recent fuel sample under this one quarter of an hour, at the option of section to determine tons of carbon per the owner or operator). 2. Procedures for Estimating CO2 Emissions day from combustion of each fuel. (All ts = Operating time during which the unit is From Combustion ASTM methods are incorporated by exhausting through the stack or duct, * * * * * reference under § 75.6.) Where more than one fuel is combusted during a calendar hour or fraction of the hour (in equal 2.1 * * * increments that can range from one day, calculate total tons of carbon for the hundredth to one quarter of an hour, at day from all fuels. the option of the owner or operator). * * * * * 73. Appendix F is further amended by 2.3 * * * revising section 7 to read as follows: (Eq. G–4) 7. Procedures for SO2 Mass Emissions at Where: Units With SO2 Continuous Emission Monitoring Systems During the Combustion * * * * * of Pipeline Natural Gas or Natural Gas Fc = Carbon based F-factor, 1040 scf/mmBtu for natural gas; 1,240 scf/mmBtu for The owner or operator shall use the crude, residual, or distillate oil; and following equation to calculate hourly SO2 calculated according to the procedures in mass emissions as allowed for units with SO2 section 3.3.5 of appendix F to this part continuous emission monitoring systems if, for other gaseous fuels. during the combustion of gaseous fuel that meets the definition of pipeline natural gas * * * * *

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76. Appendix G to part 75 is amended by 5.1.1 Most Recent Previous Data section to substitute for missing carbon adding new sections 5 through 5.3 to read as Substitute the most recent, previous carbon content data. follows: content value available for that fuel type (gas, 5.2.1 In all cases (i.e., for weekly coal 5. Missing Data Substitution Procedures for oil, or coal) of the same grade (for oil) or rank samples or composite oil samples from Fuel Analytical Data (for coal). To the extent practicable, use a continuous sampling, for oil samples taken from the storage tank after transfer of a new Use the following procedures to substitute carbon content value from the same fuel for missing fuel analytical data used to supply. Where no previous carbon content delivery of fuel, for as-delivered samples of calculate CO2 mass emissions under this data are available for a particular fuel type or oil, diesel fuel, or gaseous fuel delivered in appendix. rank of coal, substitute the default carbon lots, and for gaseous fuel that is supplied by 5.1 Missing Carbon Content Data Prior to content from Table G–1 of this appendix. a pipeline and sampled monthly, daily or 4/1/2000 5.1.2 [Reserved] hourly for gross calorific value) when carbon content data is missing, report the Prior to April 1, 2000, follow either the 5.2 Missing Carbon Content Data On and appropriate default value from Table G–1. procedures of this section or the procedures After 4/1/2000 of section 5.2 of this appendix to substitute 5.2.2 The missing data values in Table G– for missing carbon content data. On and after Prior to April 1, 2000, follow either the 1 shall be reported whenever the results of April 1, 2000, use the procedures of section procedures of this section or the procedures a required sample of fuel carbon content are 5.2 of this appendix to substitute for missing of section 5.1 of this appendix to substitute either missing or invalid. The substitute data carbon content data, not the procedures of for missing carbon content data. On and after value shall be used until the next valid this section. April 1, 2000, use the procedures of this carbon content sample is obtained.

TABLE G±1.ÐMISSING DATA SUBSTITUTION PROCEDURES FOR MISSING CARBON CONTENT DATA

Parameter Sampling technique/frequency Missing data value

Oil and coal carbon content ...... All oil and coal samples, prior to April 1, 2000 Most recent, previous carbon content value available for that grade of oil, or default value, in this table. Gas carbon content ...... All gaseous fuel samples, prior to April 1, Most recent, previous carbon content value 2000. available for that type of gaseous fuel, or default value, in this table. Default coal carbon content ...... All, on and after April 1, 2000 ...... Anthracite: 90.0 percent. Bituminous: 85.0 percent. Subbituminous/Lignite: 75.0 percent. Default oil carbon content ...... All, on and after April 1, 2000 ...... 90.0 percent. Default gas carbon content ...... All, on and after April 1, 2000 ...... Natural gas: 75.0 percent. Other gaseous fuels: 90.0 percent.

5.3 Gross Calorific Value Data Appendix H to Part 75—Revised Appendix J to Part 75—Compliance Dates For a gas-fired unit using the procedures of Traceability Protocol No. 1 for Revised Recordkeeping Requirements and Missing Data Procedures section 2.3 of this appendix to determine CO2 77. Appendix H to part 75 is removed and emissions, substitute for missing gross reserved. 78. Appendix J to part 75 is removed and calorific value data used to calculate heat reserved. input by following the missing data procedures for gross calorific value in section [FR Doc. 99–8939 Filed 5–25–99; 8:45 am] 2.4 of appendix D to this part. BILLING CODE 6560±50±U

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DEPARTMENT OF EDUCATION Applications Available: May 26, 1999. computer diskette) by contacting the Note to Applicants: The notice Department as listed above. However, [CFDA NO. 84.326C] published on March 3, 1999, provides the Department is not able to reproduce Office of Special Education and other information that applies to this in an alternate format the standard Rehabilitative Services; Office of competition. Specifically, the priority in forms included in the application Special Education Programs; that notice, entitled Projects for package. Children and Young Adults Who Are Reopening Notice To Invite Electronic Access to This Document Applications for New Awards To Serve Deaf-Blind (84.326C), identifies the The Deaf-Blind Population in the State requirements for applications submitted You may review this document, as of Maryland for Fiscal Year (FY) 1999 in response to this notice. well as all other Department of In addition, the Eligible Applicants Education documents published in the AGENCY: Department of Education. section in the March 3, 1999 notice is Federal Register, in text or portable amended for purposes of this SUMMARY: On March 3, 1999, a notice document format (PDF) on the World competition by limiting eligible was published in the Federal Register Wide Web at either of the following applicants to entities that meet the (64 FR 10352) inviting applications for sites: new FY 1999 awards to support projects eligibility criteria in the priority and that help build the capacity of State and propose to address the needs of children http://ocfo.ed.gov/fedreg.html local agencies to facilitate the with deaf-blindness in the State of http://www.ed.gov/news.html achievement of improved outcomes by Maryland. Potential applicants should children who are deaf-blind, and their consult the statement of the final To use the PDF you must have the families. The FY 1999 awards will priority published in the Federal Adobe Acrobat Reader Program with support projects that provide Register on March 3, 1999 (64 FR Search, which is available free at either specialized technical assistance 10352) to ascertain the substantive of the previous sites. If you have regarding the provision of early requirements for their applications. questions about using the PDF, call the intervention, special education, related, FOR FURTHER INFORMATION CONTACT: For U.S. Government Printing Office (GPO) and transitional services to children and further information on this notice toll free at 1–800–293–6498; or in the young adults who are deaf-blind. Based contact Debra Sturdivant, U.S. Washington, D.C., area at (202) 512– on the applications received, we expect Department of Education, 600 1530. to fund projects that, as a whole, will Independence Avenue, SW, room 3317, Note: The official version of a document is provide technical assistance services in Switzer Building, Washington, D.C. the document published in the Federal each State in the country. However, we 20202–2641. FAX: (202) 205–8717 (FAX Register. Free Internet access to the official did not receive, prior to the application is the preferred method for requesting edition of the Federal Register and the Code deadline, any applications from information). Telephone: (202) 205– of Federal Regulations is available on GPO applicants proposing to address the 8038. Internet: Access at: http://www.access.gpo/nara/ needs of children with deaf-blindness in [email protected] index.html Maryland. Accordingly, the purpose of Individuals who use a (Authority: 20 U.S.C. 1485(c)) telecommunications device for the deaf this notice is to invite applications for Dated: May 20, 1999. projects that will serve the State of (TDD) may call the TDD number: (202) Maryland. 205–8953. Individuals with disabilities Judith E. Heumann, Deadline for Transmittal of may obtain a copy of this notice or the Assistant Secretary for Special Education and Applications: June 11, 1999. application packages referred to in this Rehabilitative Services. Deadline for Intergovernmental notice in an alternate format (e.g. [FR Doc. 99–13263 Filed 5–25–99; 8:45 am] Review: August 9, 1999. Braille, large print, audiotape, or BILLING CODE 4000±01±P

VerDate 06-MAY-99 17:07 May 25, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4701 E:\FR\FM\26MYN2.XXX pfrm01 PsN: 26MYN2 eDt 6MY9 71 a 5 99Jt134 O000Fm001Ft41 ft41 :F\M2MP.X fm1PsN:26MYP2 pfrm01 E:\FR\FM\26MYP2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 17:10May25, 1999 VerDate 06-MAY-99 federal register May 26,1999 Wednesday and Notice Public ChargeGrounds;ProposedRule on DeportabilityandInadmissibility Public ChargeGrounds;FieldGuidance Inadmissibility andDeportabilityon 8 CFRParts212and237 Immigration andNaturalizationService Justice Department of Part IV 28675 28676 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules

DEPARTMENT OF JUSTICE ‘‘public charge’’ under the immigration immunizations and to treatment of the statutes governing admissibility, symptoms of a communicable disease; Immigration and Naturalization Service adjustment of status, and deportation. certain in-kind services (e.g., soup (See 8 U.S.C. 1182(a)(4); 8 U.S.C. kitchens, etc.) designated by the 8 CFR Parts 212 and 237 1227(a)(5).) (See also Illegal Immigration Attorney General as necessary for the [INS No. 1989±99; AG Order No. 2225± Reform and Immigrant Responsibility protection of life and safety; and 99] Act of 1996 (IIRIRA), Pub. L. 104–208, assistance under certain Department of Div. C, Title V, 110 Stat. 3009–670 Housing and Urban Development (HUD) RIN 1115±AF45 (codified as amended in different programs. 8 U.S.C. 1611(b)(1). sections of 8 U.S.C.) (1996); Personal Numerous states and localities also Inadmissibility and Deportability on Responsibility and Work Opportunity have funded public benefits, Public Charge Grounds Reconciliation Act of 1996 (PRWORA), particularly medical and nutrition AGENCY: Immigration and Naturalization Pub. L. 104–193, Title IV, 110 Stat. 2260 benefits, for aliens who are now Service, Justice. (codified as amended generally at 8 ineligible for certain Federal public U.S.C. 1601, et seq.) (1996).) benefits. Congress further authorized ACTION: Proposed rule. Under section 212(a)(4) of the states to enact laws after August 22, SUMMARY: This rule proposes to amend Immigration and Nationality Act (the 1996, that affirmatively provide illegal the Department of Justice’s Act), the determination of whether an aliens who would otherwise be (Department’s) regulations to establish individual alien ‘‘is likely at any time to ineligible for certain State and local clear standards governing a become a public charge’’ is made by a benefits under the welfare reform law determination that an alien is Department of State consular officer at with such benefits. 8 U.S.C. 1621(d). A inadmissible or ineligible to adjust the time the alien’s visa application is complete overview of all the public status, or has become deportable, on adjudicated overseas, by an Immigration benefits and programs that remain public charge grounds. This proposed and Naturalization Service (Service) available to various categories of aliens rule is necessary to alleviate growing officer at the time an alien seeks under the welfare reform law, as public confusion over the meaning of admission into the United States, or by amended, is beyond the scope of this the currently undefined term ‘‘public the Service at the time an alien applies discussion. charge’’ in immigration law and its for adjustment of status if he or she is Although Congress has determined relationship to the receipt of Federal, already in the United States. 8 U.S.C. that certain aliens remain eligible for State, or local public benefits. By 1182(a)(4). The statute further states that some forms of medical, nutrition, and defining ‘‘public charge,’’ the the decision shall be ‘‘in the opinion of’’ child care services, and other public Department seeks to reduce the negative the consular officer or the Attorney assistance, numerous legal immigrants public health consequences generated General, who has delegated this and other aliens are choosing not to by the existing confusion and to provide authority to the Service. Id.; 8 CFR part apply for these benefits because they aliens with better guidance as to the 2.1. Under section 237(a)(5) of the Act, fear the negative immigration types of public benefits that will and an alien is also deportable if he or she consequences of potentially being will not be considered in public charge ‘‘has become a public charge’’ within 5 deemed a ‘‘public charge.’’ This tension determinations. years after his or her ‘‘date of entry’’ into between the immigration and welfare the United States for causes not shown laws is exacerbated by the fact that DATES: Written comments must be to have arisen since entry. 8 U.S.C. ‘‘public charge’’ has never been defined submitted on or before July 26, 1999. 1227(a)(5). An immigration judge will in statute or regulation. Without a clear ADDRESSES: Please submit written make the determination if any of these definition of the term, aliens have no comments, in triplicate, to the Director, issues arise during removal proceedings way of knowing which benefits they Policy Directives and Instructions for an alien. may safely access without risking Branch, Immigration and Naturalization On August 22, 1996, the President deportation or inadmissibility. Service, 425 I Street, NW, Room 5307, signed PRWORA, known as the welfare Additionally, the Service has been Washington, DC 20536. To ensure reform law. The welfare reform law and contacted by many State and local proper handling, please reference INS its amendments imposed new officials, Members of Congress, No. 1989–99 on your correspondence. restrictions on the eligibility of aliens, immigrant assistance organizations, and Comments are available for public whether present in the United States health care providers who are unable to inspection at the above address by legally or illegally, for many Federal, give reliable guidance to their calling (202) 514–3048 to arrange an State, and local public benefits. 8 U.S.C. constituents and clients on this issue. appointment. 1601-1646 (as amended). Despite these According to Federal and State benefit- FOR FURTHER INFORMATION CONTACT: new restrictions, many legal aliens granting agencies, this growing Sophia Cox or Kevin Cummings, remain eligible for at least some forms confusion is creating significant, Immigration and Naturalization Service, of public assistance, such as Medicaid, negative public health consequences Office of Adjudications, 425 I Street, Food Stamps, Supplemental Security across the country. This situation is NW, Washington, DC 20536; telephone Income (SSI), Temporary Assistance for becoming particularly acute with (202) 514–4754. Needy Families (TANF), the Children’s respect to the provision of emergency SUPPLEMENTARY INFORMATION: Health Insurance Program (CHIP), and and other medical assistance, children’s the Special Supplemental Nutrition immunizations, and basic nutrition Background and Necessity for Program for Women, Infants, and programs, as well as the treatment of Definition of ‘‘Public Charge’’ Children (WIC), among other benefits. communicable diseases. Immigrants’ Recent immigration and welfare Congress also chose not to apply the fears of obtaining these necessary reform laws have generated alien eligibility restrictions in the medical and other benefits are not only considerable public confusion about welfare reform law to emergency causing them considerable harm, but are whether the receipt of Federal, State, or medical assistance; short-term, in-kind, also jeopardizing the general public. For local public benefits for which an alien non-cash emergency disaster relief; example, infectious diseases may spread may be eligible renders him or her a public health assistance related to as the numbers of immigrants who

VerDate 06-MAY-99 17:10 May 25, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm01 PsN: 26MYP2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28677 decline immunization services increase. a century ago, and the expertise of the various Federal agencies that administer Concern over the public charge issue is benefit-granting agencies that deal with a wide variety of public benefits. The further preventing aliens from applying subsistence issues. It is also consistent Service consulted primarily with the for available supplemental benefits, with factual situations presented in the Department of Health and Human such as child care and transportation public charge case law. Services (HHS), the Social Security vouchers, that are designed to aid When a word is not defined by statute Administration (SSA), and the individuals in gaining and maintaining and legislative history does not provide Department of Agriculture (USDA). The employment. In short, the absence of a clear guidance, courts often construe it HHS, which administers TANF, clear public charge definition is in accordance with its ordinary or Medicaid, CHIP, and many other undermining the Government’s policies natural meaning as contained in the benefits, has advised that the best of increasing access to health care and dictionary. (See, e.g., Sutton v. United evidence of whether an individual is helping people to become self-sufficient. Air Lines, Inc., 130 F.3d 893, 898 (10th relying primarily on the Government for The Department seeks to remedy this Cir. 1997), cert. granted, 119 S. Ct. 790 subsistence is either the receipt of problem with this proposed rule. (1999) (citations omitted).) The word public cash benefits for income ‘‘charge’’ has many meanings in the maintenance purposes or Overview of the Proposed Rule dictionary, but the one that can be institutionalization for long-term care at First, the proposed rule provides a applied unambiguously to a person and Government expense. (See letter to INS definition for the ambiguous statutory best clarifies the phrase ‘‘become a Commissioner Doris Meissner from HHS term ‘‘public charge’’ that will be used public charge’’ is ‘‘a person or thing Deputy Secretary Kevin Thurm, dated for purposes of both admissibility and committed or entrusted to the care, March 25, 1999) (hereinafter ‘‘HHS adjustment of status under section custody, management, or support of Letter’’ and appearing in an appendix to 212(a)(4) of the Act and for deportation another.’’ Webster’s Third New this document.) The USDA, which under section 237(a)(5) of the Act. International Dictionary of the English administers Food Stamps, WIC, and Second, the proposed rule describes the Language 377 (1986). The dictionary other nutrition assistance programs, and kinds of public benefits that, if received, gives the following apt sentence as an SSA, which administers SSI and other could result in a finding that a person example of usage: ‘‘[H]e entered the programs, and other benefit-granting is a ‘‘public charge.’’ The proposed rule poorhouse, becoming a county charge.’’ agencies have concurred with the HHS also provides examples of the types of Id. (See also 3 Oxford English Dictionary advice to the Service that receipt of cash public benefits that will not be 36 (2d ed. 1989) (definition #13 for assistance for income maintenance is considered in public charge ‘‘charge’’—‘‘The duty or responsibility the best evidence of primary determinations. Third, the proposed of taking care of (a person or thing); dependence on the Government. (See rule adopts long-standing principles care, custody, superintendence’’).) letter to INS Commissioner Doris developed by the case law. As discussed This language indicates that a person Meissner from Shirley R. Watkins, below, the cases have established becomes a public charge when he or she USDA Under Secretary for Food, prerequisites and factors to be is committed to the care, custody, Nutrition and Consumer Services, dated considered in making public charge management, or support of the public. April 15, 1999) (hereinafter ‘‘USDA determinations. The rule makes clear The dictionary definition suggests a Letter’’ and appearing in an appendix to that the mere receipt of public complete, or nearly complete, this document); letter to Robert L. Bach, assistance, by itself, will not lead to a dependence on the Government rather INS Executive Associate Commissioner public charge finding without than the mere receipt of some lesser for Policy and Planning from Susan M. satisfaction of these additional legal level of financial support. Historically, Daniels, SSA Deputy Commissioner for requirements. individuals who became dependent on Disability and Income Security the Government were institutionalized The Meaning of ‘‘Public Charge’’ and Programs, dated May 14, 1999) in asylums or placed in ‘‘almshouses’’ Public Benefits That Demonstrate (hereinafter ‘‘SSA Letter’’ and appearing for the poor long before the array of Primary Dependence on the in an appendix to this document.) limited-purpose public benefits now Government for Subsistence Cash assistance for income available existed. This primary maintenance includes (1) SSI, (2) cash Following extensive consultation with dependence model of public assistance TANF (other than certain supplemental benefit-granting agencies, the was the backdrop against which the cash benefits not defined as Department is proposing to define ‘‘public charge’’ concept in immigration ‘‘assistance’’ under TANF rules, as ‘‘public charge’’ to mean an alien who law developed in the late 1800s. provided in §§ 212.103 and 237.13 of has become (for deportation purposes) Although no case has specifically this proposed rule), and (3) State or or who is likely to become (for identified the types of public benefits local cash benefit programs for income admission or adjustment purposes) that can give rise to a public charge maintenance (often called ‘‘General ‘‘primarily dependent on the finding, a definition based on primary Assistance’’ programs, but which may Government for subsistence, as dependence on the Government is exist under other names). Acceptance of demonstrated by either the receipt of consistent with the facts found in the these forms of public cash assistance is public cash assistance for income deportation and admissibility cases. one factor that could be considered in maintenance or institutionalization for (See, e.g., Matter of C–R–, 7 I. & N. Dec. determining whether a person is, or is long-term care at Government expense.’’ 124 (BIA 1956) (deportation based on likely to be, a public charge, provided Institutionalization for short periods of public mental hospital the additional requirements for rehabilitation does not constitute such institutionalization); Matter of deportation or inadmissibility discussed primary dependence. This Harutunian, 14 I. & N. Dec. 583 (R.C., later in this Supplementary Section and interpretation of ‘‘public charge’’ is Int. Dec. 1974) (receipt of old age in the regulation are also met. reasonable because it is based on the assistance for principal financial According to HHS and other benefit- plain meaning of the word ‘‘charge,’’ the support was an important factor in granting agencies consulted by the historical context of public dependency denying admission).) Service, non-cash benefits generally when the public charge immigration The Service has also sought the provide supplementary support in the provisions were first enacted more than advice and relied on the expertise of form of vouchers or direct services to

VerDate 06-MAY-99 20:04 May 25, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm03 PsN: 26MYP2 28678 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules support nutrition, health, and living Receipt of Non-cash Public Benefits Assistance’’) will be considered as part condition needs. (See HHS Letter.) That do not Demonstrate Primary of the public charge analysis. Although These benefits are often provided to Dependence on the Government for these benefits are the only examples of low-income working families to sustain Subsistence ‘‘cash assistance for income and improve their ability to remain self- It has never been Service policy that maintenance’’ that the Service and other sufficient. A few examples of these non- the receipt of any public service or Federal benefit-granting agencies have cash benefits that do not directly benefit must be considered for public been able to identify, public comment is provide subsistence are Medicaid, Food charge purposes. The nature of the requested on whether there are any Stamps, CHIP, and their related State program is important. For instance, other specific forms of public cash analogues, WIC, housing benefits, attending public schools, taking assistance for income maintenance that transportation vouchers, and certain advantage of school lunch or other should be mentioned. The Service will kinds of special-purpose non-cash supplemental nutrition programs, such also consider public benefits (including benefits provided under the TANF as WIC, obtaining immunizations, and Medicaid) for supporting aliens who program. These forms of benefits, and receiving public emergency medical reside in an institution for long-term others discussed below and in the care typically do not make a person care (e.g., a nursing home or mental proposed regulation, will not be inadmissible or deportable. Non-cash health institution). A person’s mere receipt of any of considered for public charge purposes. benefits, such as these and others, are by these forms of cash assistance for The HHS further stated that ‘‘* * * it is their nature supplemental and extremely unlikely that an individual or income maintenance, or being frequently support the general welfare. family could subsist on a combination institutionalized for long-term care, By focusing on cash assistance for of non-cash support benefits or services does not necessarily make him or her income maintenance, the Service can alone. * * * HHS is unable to conceive inadmissible, ineligible to adjust status, identify those individuals who are of a situation where an individual, other or deportable on public charge grounds. primarily dependent on the Government than someone who permanently resides As discussed in detail in the next part for subsistence without inhibiting in a long-term care institution, could of this Supplementary Information access to non-cash benefits that serve support himself or his family solely on section, the law requires that a variety important public interests. Certain non-cash benefits so as to be primarily of other factors and prerequisites must Federal, State, and local benefits are dependent on the [G]overnment.’’ (See be considered as well. These additional HHS Letter.) increasingly being made available to requirements have been carefully The one exception identified by HHS families with incomes far above the described in both the admissibility and to the principle that non-cash benefits poverty level, reflecting broad public deportation sections of this proposed do not demonstrate primary dependence policy decisions about improving rule at §§ 212.104, 212.106, 212.108, is the instance where Medicaid or general health and nutrition, promoting 212.109, 237.11, 237.15, 237.16, and related programs pay for the costs of a education, and assisting working-poor 237.18. Every public charge decision person’s institutionalization for long- families in the process of becoming self- will continue to be made on a case-by- term care (other than imprisonment for sufficient. For example, many states case basis. In other words, the proposed conviction of a crime). Such provide CHIP to children in families rule does not create any blanket institutionalization costs, therefore, may with resources up to 200 percent of the requirements that individuals who be considered in public charge poverty line and sometimes higher. (See receive public cash assistance or who determinations. However, the proposed HHS Letter at p. 3.) Thus, participation are institutionalized for long-term care rule makes clear that a short period of in such programs is not evidence of must be removed from the United States institutionalization necessary for poverty or dependence. or denied admission or adjustment. rehabilitation purposes does not The proposed rule identifies the major Some cash benefits received by aliens demonstrate that an individual is, or is forms of cash benefits that may be from the Government are not intended likely to become, primarily dependent considered for public charge purposes for income maintenance, and thus will on the Government for public charge and several examples of non-cash not be considered for public charge purposes. benefits that will not be considered. Due purposes under this rule. Examples of This distinction between cash benefits to the ever-changing character of the such special-purpose cash benefits that that can lead to primary dependence on Federal, State, and local public benefits do not lead to primary dependence on the Government and non-cash benefits still available to aliens, it is not possible the Government include the Low that do not create such dependence is to name every benefit that will or will Income Home Energy Assistance already applied by the State Department not be considered for public charge Program (LIHEAP), 42 U.S.C. 8621, et with regard to Food Stamps, a non-cash purposes. Aliens and their advisors seq.; the Child Care and Development benefit program. The Foreign Affairs should carefully consider the nature of Block Grant Program (CCDBGP), 42 Manual (FAM) for consular officers the specific public benefits involved. If U.S.C. 9858 et seq.; Food Stamp benefits excludes Food Stamps from public they could be construed as cash issued in cash (see e.g., 7 U.S.C. charge admissibility consideration assistance for income maintenance, as 2026(b)); certain educational assistance because it is an essentially distinguished from in-kind services, programs, and non-recurrent, short-term supplementary benefit that does not medical or nutrition benefits, vouchers crisis benefits funded in cash by TANF make recipients dependent on the or other forms of non-cash benefits, then but excluded from the TANF program’s Government for subsistence. (See 9 a Service officer may consider their definition of ‘‘assistance.’’ (See 64 FR FAM section 40.41, N.9.1.) The receipt in making a public charge 17720, 17880 (April 12, 1999) (codified proposed definition of ‘‘public charge’’ decision, even if the benefit is not at 45 CFR 260.31).) In addition, and is consistent with this existing State specifically addressed by name in the consistent with existing Service Department policy and that agency’s proposed rule. Again, receipt of SSI, practice, the proposed rule states that recognition that certain supplemental cash TANF (except supplemental cash- cash payments that have been earned, forms of public assistance should not be TANF excluded in the rule), and State such as benefits under Title II of the considered in a public charge or local cash assistance programs for Social Security Act, 42 U.S.C. 401 et determination. income maintenance (e.g., ‘‘General seq., Government pensions, veterans’

VerDate 06-MAY-99 20:04 May 25, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm03 PsN: 26MYP2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28679 benefits, among other forms of earned percent of the Federal poverty line for Deportation benefits, do not support a public charge the relevant family size. 8 U.S.C. The provisions on deportation in the finding. 1183a(a); 8 CFR part 213a.2. If an proposed rule incorporate the Attorney Other non-cash public benefits that Affidavit of Support is not filed, the General’s decision in the leading case, will not be considered and that are intending immigrant will be denied Matter of B–, 3 I. & N. Dec. 323 (AG and listed in the proposed rule include, but admission or adjustment on public BIA 1948), that the Service can prove are not limited to: Medicaid; CHIP; charge grounds, unless he or she is public charge deportability only if there emergency medical assistance; other exempt from the Affidavit of Support has been a failure to comply with a health insurance and health services for requirement under section 212(a)(4)(C– legally enforceable duty to reimburse the testing and treatment of symptoms D) of the Act. As one of the the assistance agency for the costs of of communicable diseases; emergency circumstances considered in care. In addition, the benefit agency’s disaster relief; nutrition programs, such determining whether a person is likely demand for repayment of the specific as Food Stamps and WIC; housing to become a public charge, officers may public benefit must have been made benefits; energy benefits; job training also consider any Affidavit of Support within the alien’s initial 5-year period programs; child care; and non-cash filed by a sponsor on behalf of an alien after entry, unless it is shown that benefits funded under the TANF under section 213A of the Act and are demand would have been futile because program. State and local non-cash encouraged to do so. (See 8 U.S.C. there was no one against whom benefits of a similar nature also will not 1182(a)(4)(B)(ii).) Certain categories of payment could be enforced. Matter of be considered. It is the underlying aliens seeking to become lawful L–, 6 I. & N. Dec. 349 (BIA 1954). Under nature of the program, not the name permanent residents are exempt from the proposed definition for public adopted in a particular State, that will the Affidavit of Support requirement— determine whether it is relevant for charge previously discussed, only the including those who qualify as widows public charge consideration. failure to meet an agency’s demand for or widowers of citizens or as battered repayment of a cash benefit for income Additional Requirements for Public spouses, and their children. Id. maintenance or for the costs of Charge Determinations In one significant respect, a public institutionalization for long-term care After defining ‘‘public charge,’’ the charge determination for purposes of will be considered for deportation. If the separate admissibility and deportation inadmissibility differs from the context alien can show that the causes for which sections of the proposed rule of deportability. As the next section he or she received one of these types of incorporate principles established by describes in detail, deportation on public cash benefits during his or her case law and statute for each of those public charge grounds requires the initial 5 years after entry arose after public charge determinations. Service to prove that the alien or entry, he or she will not be deportable on public charge grounds. (See 8 U.S.C. Admission and Adjustment of Status another obligated party has failed to repay a legal demand for the public 1227(a)(5).) The requirements and The provisions that relate to benefits at issue. The proposed rule procedures concerning the demand for admission and adjustment of status adopts the case-developed doctrine that the repayment of a public benefit are incorporate the ‘‘totality of the this failure-to-reimburse prerequisite for governed by the specific program rules circumstances’’ analysis that officers deportation does not apply to public established by law and administered by must employ in making a prospective charge decisions for admissibility or the benefit granting agencies, or by State public charge decision. (See, e.g, Matter adjustment of status. (See Matter of or local governments, not by the of Perez, 15 I. & N. Dec. 136, 137 (BIA Harutunian, 14 I. & N. Dec. at 589–590.) Service. This rule does not alter those 1974).) Under section 212(a)(4)(B) of the Applicants for admission or adjustment existing procedures. The Service does Act, officers are required to consider of status, therefore, could be found not make determinations about which public benefits must be repaid. The specific minimum factors in inadmissible or ineligible to adjust determining whether the alien’s Federal, State, and local benefit-granting status on public charge grounds even if circumstances indicate that he or she is agencies are responsible for those there is no duty to reimburse the agency likely to become a public charge. These decisions. The Service may only initiate that provides the cash assistance. Again, factors include the alien’s age, health, removal proceedings based on the this receipt of public cash benefits will family status, assets, resources, financial public charge ground after the benefit result in such a finding only if the status, education, and skills. No single agency has chosen to seek repayment, totality of the alien’s circumstances, factor, other than the lack of an obtained a final judgment, taken all including the minimum factors in Affidavit of Support as described below, steps to collect on that judgment, and section 212(a)(4)(B) of the Act, indicate will determine whether an alien is been unsuccessful. that he or she is likely to become a likely to become a public charge, The proposed rule also provides that public charge. including past or current receipt of the Affidavit of Support is relevant to public cash benefits. The provisions on admissibility and the public charge inquiry for In addition, most aliens intending to adjustment in the proposed rule deportation purposes. Under the new immigrate or adjust status in family- conclude with a section that lists Affidavit of Support rules, if a based and certain employment-based categories of aliens to whom the public sponsored alien obtains Federal, State, categories after December 19, 1997, are charge ground contained in section or local means-tested public benefits, required to file the new Form I–864, 212(a)(4) of the Act does not apply. the sponsor is obligated to repay those ‘‘Affidavit of Support Under Section These categories include refugees, benefits if the benefit-granting agency 213A of the Act,’’ signed by their asylees, Amerasians, and certain makes a demand for repayment. (See 8 sponsor(s). 8 U.S.C. 1182(a)(4)(C–D); 8 Nicaraguans, Central Americans, U.S.C. 1183a(b); 8 CFR parts 213a.2, U.S.C. 1183a; 8 CFR part 213a.2. The Haitians, and Cuban/Haitian entrants. 213a.4.) Various Federal agencies have new Affidavit of Support is legally Although these statutory exemptions are designated certain assistance programs binding and requires sponsors to codified throughout the Act and other that they administer to be ‘‘means-tested maintain the sponsored alien at an laws, the rule collects them in one place public benefits.’’ For example, SSI, annual income of not less than 125 for the public’s ease of reference. TANF, Medicaid, Food Stamps, and

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CHIP have been designated as Federal them. For example, one significant new Regulatory Flexibility Act means-tested public benefits and could restriction prohibits legal, ‘‘qualified The Attorney General has determined, give rise to a repayment obligation aliens’’ from receiving Federal means- in accordance with 5 U.S.C. 605(b), that under the Affidavit of Support. If states tested public benefits, with some this rule would not have a significant designate means-tested public benefits exceptions, for 5 years if they arrive economic impact on a substantial in the future, such benefits also could after August 22, 1996. 8 U.S.C. 1613. number of small entities. The factual give rise to such an obligation. However, Combined with the 5-year limitation in basis for this determination is that this only demands for the repayment of cash section 237(a)(5) of the Act, the welfare rule will apply to individual aliens, who benefits for income maintenance reform restriction means fewer aliens are not within the definition of small purposes, such as SSI, cash TANF and are likely to become deportable public entities established by 5 U.S.C. 601(6). State General Assistance programs, or charges. Under new ‘‘deeming’’ rules, the costs of institutionalization for long- some aliens who might otherwise have Unfunded Mandates Reform Act term care, will be relevant for been able to obtain certain Federal, This rule will not result in the deportation determinations under the State, or local means-tested public expenditure by State, local and tribal proposed definition of ‘‘public charge.’’ benefits can no longer do so because The Department has determined that governments, in the aggregate, or by the their sponsors’ resources may now private sector, of $100 million or more the existing three-part Matter of B– test count as resources available to the for public charge deportations also in any one year, and it will not aliens (i.e., the sponsors’ resources are significantly or uniquely affect small applies to demands for repayment of ‘‘deemed’’ available to the alien), which means-tested benefits under the new governments. Therefore, no actions were would normally raise the alien’s income deemed necessary under the Unfunded Affidavit of Support. The Government over the benefit eligibility threshold. 8 entity providing the benefit must have Mandates Reform Act of 1995. 2 U.S.C. U.S.C. 1631, 1632. In addition, the 658(7)(A)(ii). a legal right to seek repayment under requirement of a legally binding the Affidavit of Support; the agency Affidavit of Support obligating sponsors Small Business Regulatory Enforcement must have made a demand for to support their immigrating family Fairness Act of 1996 repayment; and the obligated party or members above the poverty level before parties must have failed to meet this This rule is not a major rule as they will be granted admission or defined in 5 U.S.C. 804. This rule will demand. The rule also requires that, adjustment has significantly raised the before a deportation action may be not result in an annual effect on the bar for people who might, in the past, economy of $100 million or more; a initiated, the agency seeking repayment have entered and become public must have taken all steps necessary to major increase in costs or prices; or charges. These new laws work together significant adverse effects on obtain and enforce a final judgment to limit the potential for immigrants to requiring the sponsor or other person competition, employment, investment, become dependent on the Government. productivity, innovation, or on the responsible for the debt to pay. Without The proposed rule defining ‘‘public such a requirement, an alien could be ability of United States-based charge’’ will not change or negatively companies to compete with foreign- wrongly deported as a public charge affect the operation of these provisions. based on a debt that a court might later based companies in domestic and determine was not legally enforceable. Conclusion export markets. Although the demand for repayment The Department believes that this rule Executive Order 12866 must be made within 5 years of the will provide for better overall alien’s admission, there is no time limit This rule is considered by the administration of the public charge on obtaining a final judgment as long as Department of Justice to be a provisions of the Act. It will also help it is obtained prior to the public charge ‘‘significant regulatory action’’ under alleviate the increasing, negative public proceedings. section 3(f)(4) of E. O. 12866, Regulatory health and nutrition consequences Planning and Review. Accordingly, this Welfare Reform and Other Significant caused by the confusion over the proposed rule has been submitted to the Factors That Limit Potential for Aliens meaning of ‘‘public charge.’’ The rule Office of Management and Budget for to Become ‘‘Public Charges’’ will provide rules of decision that will review. The proposed rule is not expected to apply in proceedings before the Executive Order 12612 alter substantially the number of aliens Executive Office for Immigration who will be found deportable or Review (EOIR), as well as proceedings This rule would not have substantial inadmissible as public charges. before the Service. The Department direct effects on the States, on the Deportations on public charge grounds anticipates, based on the Service’s relationship between the National have always been rare due to the strict consultations, that the State Department Government and the States, or on the Matter of B- requirements that agencies will adopt the same view and will issue distribution of power and first must demand repayment, assuming guidance to consular officers responsibilities among the various they have a legal right to do so, and the accordingly. levels of government. Therefore, in obligated party or parties must have At a later date, the Department plans accordance with E. O. 12612, it is failed to pay. This is unlikely to change. to propose additional revised sections determined that this rule would not Several recently enacted welfare and for part 212 concerning the other have sufficient federalism implications immigration reform measures have also grounds of inadmissibility under section to warrant the preparation of a contributed to reducing the possibility 212 of the Act. Sections 212.100 through Federalism Assessment. that aliens will be found likely to 212.112 of this proposed rule are being Executive Order 12988: Civil Justice become public charges under section issued in advance as Subpart G. The Reform 212(a)(4) of the Act. Due to the Department will amend the labeling of increased restrictions of the welfare this subpart or section numbers, if This proposed rule meets the reform law, as amended, many aliens necessary, at the time of final applicable standards set forth in are no longer eligible to receive some publication of any revised sections to subsections 3(a) and 3(b)(2) of E. O. public benefits formerly available to this part. 12988.

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Plain Language in Government Writing 212.102 What is the meaning of ‘‘public 212(a)(4) of the Act. A Department of charge’’ for admissibility and adjustment State (State Department) consular officer The President’s June 1, 1998, of status purposes? makes the public charge determination Memorandum published at 63 FR 212.103 What specific benefits are if you are applying for a visa overseas. 31885, concerning Plain Language in considered to be ‘‘public cash assistance A Service officer makes the public Government Writing, applies to this for income maintenance’’? charge determination if you are proposed rule. 212.104 What factors will make me inadmissible or ineligible to adjust status applying for admission at a port-of-entry Paperwork Reduction Act of 1995 on public charge grounds? to the United States or for adjustment of 212.105 Are there any forms of public status to that of a lawful permanent This proposed rule does not assistance that I can receive without resident. Under section 212(a)(4) of the specifically impose an information becoming inadmissible as a public Act, you will be found inadmissible or collection burden on the public separate charge if I should later apply for a visa, ineligible to adjust status if, ‘‘in the from existing provisions of the Act or admission, or adjustment of status? opinion of’’ the consular officer or other regulations. However, the Service 212.106 If I have received public cash Service officer making the decision, you anticipates revising the Form I–485, assistance for income maintenance, have are considered ‘‘likely at any time to ‘‘Application to Register Permanent been institutionalized for long-term care become a public charge.’’ If you have Status or Adjust Status,’’ as necessary, at Government expense, or have been been placed in removal proceedings to make it consistent with the final deemed a public charge in the past, will I be inadmissible or ineligible to adjust where issues of your admissibility or public charge rule. The Department status on public charge grounds now or eligibility to adjust status arise, an requests public comment on proposed in the future? immigration judge will decide whether revisions to the I–485, or any other 212.107 Will I be required to pay back any you are likely to become a public immigration forms, that may be public benefits that I have received charge. necessary as a result of this public before an immigration officer or charge rule. immigration judge will find me § 212.102 What is the meaning of ``public admissible or eligible to adjust status? charge'' for admissibility and adjustment of List of Subjects 212.108 Are there any special requirements status purposes? for aliens who are seeking to immigrate 8 CFR Part 212 based on a family relationship or on (a) (1) ‘‘Public charge’’ for purposes of Administrative practice and employment? admissibility and adjustment of status procedure, Aliens, Admission, 212.109 Will I be considered likely to means an alien who is likely to become Adjustment of status, Public charge become a public charge because my primarily dependent on the Government spouse, parent, child, or other relative determinations. for subsistence as demonstrated by has become, or is likely to become, a either: 8 CFR Part 237 public charge or has received public cash (i) The receipt of public cash assistance? Administrative practice and 212.110 Are there any individuals to whom assistance for income maintenance procedure, Aliens, Deportation, Public the public charge ground of purposes, or charge determinations. inadmissibility does not apply? (ii) Institutionalization for long-term 212.111 Are there any waivers for the care at Government expense (other than Accordingly, chapter I of title 8 of the public charge ground of inadmissibility? imprisonment for conviction of a crime). Code of Federal Regulations, is 212.112 Is it possible to provide a bond or proposed to be amended as follows: (2) Institutionalization for short cash deposit to ensure that I will not periods for rehabilitation purposes does become a public charge? PART 212ÐDOCUMENTARY not demonstrate primary dependence on REQUIREMENTS: NONIMMIGRANTS; Subpart GÐPublic Charge the Government. WAIVERS; ADMISSION OF CERTAIN Inadmissibility (b) For purposes of §§ 212.100 INADMISSIBLE ALIENS; PAROLE through 212.112 of this part: § 212.100 What issues do §§ 212.100 (1) The term ‘‘government’’ refers to 1. The authority citation for part 212 through 212.112 address? any Federal, State or local government is revised to read as follows: (a) Sections 212.100 through 212.112 entity or entities. Authority: 8 U.S.C. 1101, 1102, 1103, 1182, of this part address the public charge (2) The term ‘‘cash’’ includes not only 1183, 1183a, 1184, 1187, 1225, 1226, 1227, grounds of inadmissibility under section funds you receive in the form of cash 1228, 1252, 8 CFR part 2, 8 CFR part 213A. 212(a)(4) of the Act. It applies to all from a government agency, but also aliens seeking admission to the United funds received from a government 2. Sections 212.1 through 212.15 are States or adjustment of status to lawful designated as Subpart A. agency by check, money order, wire permanent residency, except for the transfer, electronic funds transfer, direct 3. The heading for Subpart A is added categories of aliens described in to read as follows: deposit, or any other form that can be § 212.110 or other categories of aliens legally converted to currency, provided who may be exempted by law. Subpart AÐGeneral that the funds are for purposes of (b) In §§ 212.101 through 212.112 of maintaining your income. this part, the terms ‘‘I,’’ ‘‘me’’ and ‘‘my’’ 4. Part 212 is amended by adding and (c) As described in §§ 212.103(c) and in the section headings and ‘‘you’’ and reserving Subparts B through F. 212.105 of this part, some forms of ‘‘your’’ in the text of each section refer 5. Subpart G is added to read as public assistance will not be considered to an alien who may be inadmissible or follows: for public charge purposes because they ineligible to adjust status on public do not result in primary dependence on Subpart GÐPublic Charge Inadmissibility charge grounds. the Government. Immigration officers Sec. 212.100 What issues do §§ 212.100 through § 212.101 What law governs a and immigration judges must also 212.112 address? determination of whether I am inadmissible consider many other factors, as 212.101 What law governs a determination on public charge grounds? described in §§ 212.101–212.112 of this of whether I am inadmissible on public The public charge grounds of part, before making a final public charge charge grounds? inadmissibility are found under section determination.

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§ 212.103 What specific benefits are § 212.104 What factors will make me demonstrate primary dependence on the considered to be ``public cash assistance inadmissible or ineligible to adjust status Government. for income maintenance''? on public charge grounds? (b) Although it is not possible to list (a) Public benefits considered to be (a) Under section 212(a)(4)(B) of the all of the non-cash public benefits that ‘‘public cash assistance for income Act, the immigration officer or consular will not be considered, you will not risk maintenance’’ include: official must consider, ‘‘at a minimum,’’ being found inadmissible as an alien your age, health, family status, assets, likely to become a public charge by (1) Supplemental Security Income resources, financial status, education, receiving non-cash benefits under the (SSI), 42 U.S.C. 1381, et seq.; and skills in making a decision on following programs or benefit (2) Temporary Assistance for Needy whether you are likely to become a categories: Families (TANF), 42 U.S.C. 601, et seq., public charge. The decision-maker may (1) The Food Stamp program, 7 U.S.C. but not including supplemental cash also consider any Affidavit of Support 2011, et seq., benefits excluded from the term filed by your sponsor(s) on your behalf (2) The Medicaid program, 42 U.S.C. ‘‘assistance’’ under TANF program rules under section 213A of the Act and 8 1396, et seq. (other than payments (see 45 CFR 260.31) or any non-cash CFR part 213a. The decision-maker will under the Medicaid program for long- benefits and services provided by the consider the ‘‘totality of circumstances’’ term institutional care); TANF program; and before determining whether you are (3) The Children’s Health Insurance (3) State and local cash assistance likely to become a public charge. No Program (CHIP), 42 U.S.C. 1397aa, et programs for income maintenance (often single factor, other than the lack of a seq.; (4) Health insurance and health called State ‘‘General Assistance,’’ but sufficient Affidavit of Support as services (other than public benefits for which may exist under other names). required by section 212(a)(4)(C) and (D) of the Act, will control this decision, costs of institutionalization for long- (b) Due to the constantly changing including past or current receipt of term care), including, but not limited to, nature of the numerous Federal, State public cash benefits, as described in emergency medical services, public and local benefits for which you may be paragraph (b) of this section. benefits for immunizations and for eligible, it is not possible to give a (b) You are inadmissible or ineligible testing and treatment of symptoms of complete listing of such benefits that to adjust status on public charge communicable diseases, and use of could be considered for public charge grounds if, after consideration of your health clinics; purposes. If you are receiving, or case in light of all of the minimum (5) Nutrition programs, including, but contemplate receiving, any public cash factors in section 212(a)(4)(B) of the Act, not limited to, the Special Supplemental assistance (as ‘‘cash’’ is described in any Affidavit of Support (Form I–864) Nutrition Program for Women, Infants § 212.102(b)(2)) for purposes of filed on your behalf under 8 CFR part and Children (WIC), 42 U.S.C. 1786; and maintaining your income, an 213a, and any other facts that may be programs that operate under the immigration officer or immigration relevant, the immigration officer, National School Lunch Act, 42 U.S.C. judge may consider it as a factor in consular officer, or immigration judge 1751 et seq.; the Child Nutrition Act, 42 making a decision as to whether you are determines that it is likely that you will U.S.C. 1771 et seq.; and the Emergency likely to become primarily dependent become primarily dependent for your Food Assistance Act, 7 U.S.C. 7501 et on the Government. subsistence on the Government, at any seq.; (c) Some forms of cash benefits are time, as demonstrated by: (6) Emergency disaster relief; not intended for income maintenance (1) Receipt of public cash assistance (7) Housing benefits; and, therefore, will not be considered for income maintenance, including SSI, (8) Child care services; for public charge purposes under cash TANF (other than cash TANF (9) Energy benefits, such as LIHEAP, §§ 212.101 through 212.112. Examples benefits excluded in § 212.103(a)(2)), or 42 U.S.C. 8621 et seq.; of such cash benefits that are State or local cash benefit programs for (10) Foster care and adoption benefits; supplemental in nature include the Low income maintenance, such as ‘‘General (11) Transportation vouchers or other Income Home Energy Assistance Assistance’’; or non-cash transportation services; (12) Educational benefits, including Program (LIHEAP), 42 U.S.C. 8621 et (2) Institutionalization for long-term benefits under the Head Start Act and seq.; the Child Care and Development care (other than imprisonment for aid for elementary, secondary, or higher Block Grant Program (CCDBGP), 42 conviction of a crime) at Government education; U.S.C. 9858 et seq.; Food Stamp benefits expense. Institutionalization for short- (13) Non-cash benefits or services issued in cash (see, e.g., 7 U.S.C. term rehabilitation purposes does not funded by the TANF program; demonstrate primary dependence on the 2026(b)); certain educational assistance (14) Job training programs; Government. benefits; and non-recurrent, short-term (15) State and local supplemental, crisis benefits, and other services § 212.105 Are there any forms of public non-cash benefits that serve purposes funded in cash by the TANF program assistance that I can receive without similar to those of the Federal programs that do not fall within the TANF becoming inadmissible as a public charge listed in this paragraph; program’s definition of ‘‘assistance,’’ as if I should later apply for a visa, admission, (16) Any other Federal, State, or local described in paragraph (a)(2) of this or adjustment of status? public benefit program, under which section. (a) The only benefits that are relevant benefits are provided in-kind, through (d) Cash benefits that have been to the public charge decision are public vouchers, or any other medium of earned continue to be irrelevant to the cash assistance for income maintenance exchange other than payment of cash public charge ground of inadmissibility. and institutionalization for long-term assistance for income maintenance to A few examples of such earned benefits care at Government expense. the eligible person. that will not be considered include Institutionalization for short periods for (c) Although the non-cash public benefits under Title II of the Social rehabilitation purposes will not be benefits described in paragraph (b) of Security Act, 42 U.S.C. 401 et seq., considered. Non-cash public benefits this section will not be considered for government pension benefits, and are not considered because they are of admissibility purposes, you may still be veterans’ benefits. a supplemental nature and do not inadmissible or ineligible to adjust

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This includes consideration with all of the other factors related to judges do not have the authority to your case, as described in § 212.104, of all the minimum statutory factors require that you reimburse public described in section 212(a)(4)(B) of the before you may be found inadmissible benefit-granting agencies for assistance as a public charge. Act. that you have received. However, they § 212.106 If I have received public cash may consider your receipt of public § 212.110 Are there any individuals to whom the public charge ground of assistance for income maintenance, have cash assistance for income maintenance inadmissibility does not apply? been institutionalized for long-term care at purposes or your institutionalization for Government expense, or have been deemed long-term care at Government expense (a) The Act and various other statutes a public charge in the past, will I be as factors in deciding whether you are contain exceptions to the public charge inadmissible or ineligible to adjust status likely to become a public charge in the ground of inadmissibility for the on public charge grounds now or in the future, regardless of whether the agency following categories of aliens: future? granting the benefit has sought (1) Refugees and asylees at the time of reimbursement from you or any other admission and adjustment of status to (a) Such past circumstances do not party obligated to pay back the benefit legal permanent residency according to necessarily mean that you will be found on your behalf. If there is a final sections 207(c)(3) and 209(c) of the Act; inadmissible or ineligible to adjust judgment against you for failure to repay (2) Amerasian immigrants at status on public charge grounds based the costs of public cash benefits or admission as described in the Foreign on a present application for admission institutionalization that has not been Operations, Export Financing, and or adjustment. The immigration officer, satisfied, immigration officers or judges Related Programs Appropriations Act of consular officer, or immigration judge may also consider this failure to repay 1988, section 584, contained in section who makes the decision must consider as one of the relevant factors in deciding 101(e), Public Law 100–202, 101 Stat. all of the relevant facts of your case. Past whether you are likely to become a 1329–183 (1987) (as amended), 8 U.S.C. receipt of public cash assistance or public charge. 1101 note; institutionalization under circumstances (3) Cuban and Haitian entrants at that made you a public charge would § 212.108 Are there any special adjustment as described in the requirements for aliens who are seeking to support a finding that you are Immigration Reform and Control Act of immigrate based on a family relationship or 1986 (IRCA), Public Law 99–603, Title inadmissible only if, in light of all the on employment? factors listed in § 212.104, it is likely II, section 202, 100 Stat. 3359 (1986) (as Under section 212(a)(4)(C) and (D) of amended), 8 U.S.C. 1255a note; that you will continue to be, or become the Act, you must file an ‘‘Affidavit of again, a public charge in the future. (4) Nicaraguans and other Central Support Under Section 213A of the Act’’ Americans who are adjusting status as (b) The length of time during which (Form I–864) from your sponsor(s) in described in the Nicaraguan Adjustment you previously received benefits or were accordance with section 213A of the Act and Central American Relief Act institutionalized at Government and 8 CFR part 213a if you are seeking (NACARA), Public Law 105–100, expense, as well as the distance in time to immigrate in certain family-based section 202(a), 111 Stat. 2193 (1997)(as from your current application for visa categories or as an employment- amended), 8 U.S.C. 1255 note; admission or adjustment, are significant based immigrant who will work for a (5) Haitians who are adjusting status to the decision. Public cash benefits relative or a relative’s firm. If you do not as described in the Haitian Refugee received in the recent past are more file the Affidavit of Support as required, Immigration Fairness Act of 1998, predictive of your likelihood to become you will be inadmissible or ineligible to section 902, Title IX, Public Law 105– a public charge in the future than adjust status on public charge grounds. 277, 112 Stat. 2681 (Oct. 21, 1998), 8 benefits received in the more distant Certain widows and widowers, battered U.S.C. 1255 note; spouses and children of U.S. citizens past. Similarly, public cash benefits (6) Aliens who entered the United and lawful permanent residents are received for longer time periods are States prior to January 1, 1972 and who currently exempt under section more predictive than benefits received meet the other conditions for being 212(a)(4)(C) of the Act from filing an granted lawful permanent residence in the past for shorter periods. In Affidavit of Support. addition, small amounts of public cash under section 249 of the Act and 8 CFR assistance for income maintenance § 212.109 Will I be considered likely to part 249. (b) Other categories of aliens may also received in the past are weighed less become a public charge because my be excepted from the public charge heavily than greater amounts under the spouse, parent, child, or other relative has become, or is likely to become, a public provisions in section 212(a)(4) of the ‘‘totality of the circumstances’’ analysis. charge or has received public cash Act by subsequent legislation. The list The negative implication of your past assistance? of such aliens in paragraph (a) of this receipt of public cash benefits for (a) The fact that one, or all, of your section may not include every excepted income maintenance or close relatives has become, or is likely category. institutionalization for long-term care, to become, a public charge will not (c) In addition, aliens who have been however, may be overcome by positive make you inadmissible as a public previously admitted for lawful factors in your case demonstrating that charge, unless the evidence shows that permanent residence (‘‘LPRs’’) and who you are unlikely to become primarily you, individually, are likely to become re-enter the United States are not dependent on the Government for a public charge. applicants for admission and, therefore, subsistence. (b) Public cash benefits for income are not subject to the grounds of maintenance received by your relatives inadmissibility, unless they are covered will not be attributed to you for by one of the six categories described in

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(b) In §§ 237.10 through 237.18 of this for income maintenance''? part, the terms ‘‘I,’’ ‘‘me’’ and ‘‘my’’ in (a) Public benefits considered to be § 212.111 Are there any waivers for the public charge ground of inadmissibility? the section headings and ‘‘you’’ and ‘‘public cash assistance for income ‘‘your’’ in the text of each section refer maintenance’’ include: There are no waivers available for the to an alien who may be deportable as a public charge grounds of (1) Supplemental Security Income public charge. inadmissibility, except for the waiver (SSI), 42 U.S.C. 1381, et seq.; for certain aged, blind, or disabled § 237.11 What law governs whether I am (2) Temporary Assistance for Needy applicants for adjustment of status deportable on public charge grounds? Families (TANF), 42 U.S.C. 601, et seq., but not including supplemental cash under section 245A of the Act. (See 8 (a) Section 237(a)(5) of the Act benefits excluded from the term U.S.C. 1255a(d)(2)(B)(ii)(IV).) However, describes which aliens are deportable ‘‘assistance’’ under TANF program rules various laws have exempted certain on public charge grounds. If the Service (see 45 CFR 260.31) or any non-cash categories of aliens from the brings a removal proceeding against you benefits and services provided by the requirements of section 212(a)(4) of the charging that you are subject to TANF program; and Act. Several of these categories are deportation on public charge grounds, described in § 212.110(a). the Service must prove that you became (3) State and local cash assistance programs for income maintenance (often § 212.112 Is it possible to provide a bond a public charge within 5 years of your entry to the United States. called State ‘‘General Assistance,’’ but or cash deposit to ensure that I will not which may exist under other names). become a public charge? (b) If you can prove that the causes (b) Due to the constantly changing The Service may accept a suitable, that led to your becoming a public nature of the numerous Federal, State legally binding public charge bond or charge arose after your entry to the and local benefits for which you may be cash deposit on your behalf that meets United States, you will not be deported. eligible, it is not possible to give a the conditions set forth in 8 U.S.C. 1183 § 237.12 What does it mean to be a ``public complete listing of such benefits that and in 8 CFR part 213. Acceptance of charge'' for purposes of removal as a could be considered for public charge such a bond or cash deposit is deportable alien? purposes. If, within 5 years of your discretionary. (a)(1) ‘‘Public charge’’ for purposes of 6. Part 237 is added to read as follows: entry into the United States, you have removal as a deportable alien means an received any public benefit that is PART 237ÐDEPORTABLE ALIENS alien who has become primarily provided in the form of cash (as that dependent on the Government for term is described in § 237.12(b)(2) of Subpart AÐPublic Charge Deportability subsistence as demonstrated by either: this part) for purposes of maintaining Sec. (i) The receipt of public cash your income, it may serve as a basis for 237.10 What issues do §§ 237.10 through assistance for income maintenance your deportation on public charge 237.18 address? purposes, or grounds, provided that all of the 237.11 What law governs whether I am (ii) Institutionalization for long-term requirements of section 237(a)(5) of the deportable on public charge grounds? care at Government expense (other than Act and the other conditions for 237.12 What does it mean to be a ‘‘public charge,’’ for purposes of removal as a imprisonment for conviction of a crime). deportation described in §§ 237.11, deportable alien? (2) Institutionalization for short 237.15, and 237.16 of this part (if 237.13 What specific benefits are periods for rehabilitation purposes does § 237.16 applies to your case) have been considered to be ‘‘public cash assistance not demonstrate primary dependence on satisfied. for income maintenance?’’ the Government. (c) Some forms of cash benefits are 237.14 Are there any forms of public (b) For purposes of §§ 237.10 through not intended for income maintenance, benefits that I can receive without 237.18 of this part: and therefore, will not be considered for becoming deportable as a public charge? (1) The term ‘‘government’’ refers to public charge purposes under §§ 237.10 237.15 What other conditions must be met for me to be deportable as a public any Federal, State or local government through 237.18 of this part. Examples of charge? entity or entities. such cash benefits that are supplemental 237.16 Is the ‘‘Affidavit of Support under (2) The term ‘‘cash’’ includes not only in nature include the Low Income Home Section 213A of the Act’’ (Form I–864) funds you receive in the form of cash Energy Assistance Program (LIHEAP), relevant to removal on public charge from a government agency, but also 42 U.S.C. 8621 et seq.; the Child Care grounds of deportation? funds received from a government and Development Block Grant Program 237.17 Does the 5 year period in section agency by check, money order, wire (CCDBGP), 42 U.S.C. 9858 et seq.; Food 237(a)(5) of the Act run only from my transfer, electronic funds transfer, direct Stamp benefits issued in cash (see, e.g., first entry into the United States? deposit, or any other form that can be 7 U.S.C. 2026(b)); certain educational 237.18 Will I be considered a public charge because my spouse, parent, child, or legally converted to currency, provided assistance benefits; and non-recurrent, other relative has accepted public that the funds are for purposes of short-term crisis benefits, and other benefits or has become a public charge? maintaining your income. services funded in cash by the TANF (c) As described in §§ 237.13(c) and program that do not fall within the Subpart BÐ[Reserved] 237.14 of this part, some forms of public TANF program’s definition of Authority: 8 U.S.C. 1227(a)(5), 8 U.S.C. assistance will not be considered for ‘‘assistance,’’ as described in paragraph 1183a, 8 CFR part 213A. public charge purposes because they do (a)(2) of this section. Subpart AÐPublic Charge not result in primary dependence on the (d) Cash benefits that have been Deportability Government. In addition, you will not earned continue to be irrelevant to the be found deportable on public charge public charge ground of inadmissibility. § 237.10 What issues do §§ 237.10 through grounds unless the other conditions in A few examples of such earned benefits 237.18 address? §§ 237.11, 237.15, and 237.16 of this that will not be considered include (a) Sections 237.10 through 237.18 of part (if § 237.16 applies to your case) benefits under Title II of the Social this part address the public charge have been met. Security Act, 42 U.S.C. 401 et seq.,

VerDate 06-MAY-99 20:04 May 25, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm03 PsN: 26MYP2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28685 government pension benefits, and similar to those of the Federal programs and 8 CFR part 213a is relevant to veterans’ benefits. listed in this paragraph; removal on the public charge grounds (16) Any other Federal, State, or local for deportation in certain circumstances. § 237.14 Are there any forms of public public benefit program, under which Section 213A of the Act provides that benefits that I can receive without benefits are provided in-kind, through becoming deportable as a public charge? the Affidavit of Support may support a vouchers, or any other medium of legally enforceable claim against your (a) The only benefits that are relevant exchange other than payment of cash sponsor(s) for repayment of certain to the public charge decision are public benefits for income maintenance to the Federal, State, or local means-tested cash assistance for income maintenance eligible person. public benefits provided to you. You and institutionalization for long-term may be found deportable on public § 237.15 What other conditions must be care at Government expense. charge grounds if the Service proves Institutionalization for short periods for met for me to be deportable as a public charge? that: rehabilitation purposes will not be (1) An Affidavit of Support under (a) In addition to the requirements of considered. Non-cash public benefits Section 213A of the Act and 8 CFR part section 237(a)(5) of the Act, and except are not considered because they are of 213a was filed on your behalf and is as provided in paragraph (b) of this a supplemental nature and do not currently in effect; and demonstrate primary dependence on the section, you are not deportable as a (2) Within 5 years after your Government for subsistence. public charge unless the Service shows admission to the United States, you (b) Although it is not possible to list that: (i) Obtained SSI, cash TANF benefits, all of the non-cash public benefits that (1) The Government entity that or other Federal, State, or local public will not be considered, you will not risk provided, or is providing, either the benefits that were cash assistance for being found deportable as a public public cash assistance for your income income maintenance purposes and that, charge by receiving non-cash benefits maintenance as described in §§ 237.12 at the time the Affidavit of Support was under the following programs or benefit and 237.13 of this part or the costs of signed, had been designated as ‘‘means- categories: institutionalization for your long-term tested public benefits’’ by the (1) The Food Stamp program, 7 U.S.C. care as described in § 237.12, has a legal Government entity responsible for 2011, et seq., right to seek repayment of those benefits administering the benefit; or (2) The Medicaid program, 42 U.S.C. against either you or another obligated (ii) Were institutionalized for long- 1396, et seq. (other than payments party, such as a family member or a term care at Government expense (other under the Medicaid program for long- sponsor; and than imprisonment for conviction of a term institutional care); (2) Within 5 years of your entry to the crime); and (3) The Children’s Health Insurance United States, the public entity (3) Such benefits have not been repaid Program (CHIP), 42 U.S.C. 1397aa, et providing the benefit demanded that as provided in § 237.15. seq.; you or another obligated party repay the (4) Health insurance and health benefit; and § 237.17 Does the 5-year period in section services (other than public benefits for (3) You or another obligated party 237(a)(5) of the Act run only from my first costs of institutionalization for long- failed to repay the benefit demanded; entry into the United States? term care), including, but not limited to, (4) There is a final administrative or (a) The 5-year period begins again emergency medical services, public court judgment obligating you or each time you enter the United States, benefits for immunizations and for another party to repay the benefit. (As unless you are a returning alien lawfully testing and treatment of symptoms of long as the demand for repayment under admitted for permanent residency (an communicable diseases, and use of paragraph (a)(2) of this section occurred ‘‘LPR’’) who is not considered an health clinics; within 5 years of your entry, the final applicant for admission as described in (5) Nutrition programs, including, but judgment may be rendered against you paragraph (b) of this section. not limited to, the Special Supplemental or another obligated party at any time (b) If you have been lawfully admitted Nutrition Program for Women, Infants thereafter); for permanent residence (LPR status), and Children (WIC), 42 U.S.C. 1786; and (5) The benefit-granting agency, or you are not considered an applicant for programs that operate under the other applicable Government entity, has admission upon return to the United National School Lunch Act, 42 U.S.C. taken all actions necessary to enforce States after a trip abroad unless you are 1751 et seq.; the Child Nutrition Act, 42 the judgment, including all collection covered by one of the categories U.S.C. 1771 et seq.; and the Emergency actions. specified in section 101(a)(13)(C) of the Food Assistance Act, 7 U.S.C. 7501 et (b) If a legal right to seek repayment Act, including an absence of 180 days seq.; of the public benefits described in or more from the United States. If you (6) Emergency disaster relief; §§ 237.12 and 237.13 of this part is are not covered by one of the categories (7) Housing benefits; established, but the Service proves that listed in section 101(a)(13)(C) of the Act, (8) Child care services; there was no one against whom the 5-year period for public charge (9) Energy benefits, such as LIHEAP, repayment could be enforced, thereby deportation purposes would still be 42 U.S.C. 8621 et seq.; making a demand for repayment futile, counted from your last entry to the (10) Foster care and adoption benefits; then the Service need not show that a United States. (11) Transportation vouchers or other demand was made and a final judgment non-cash transportation services; for repayment of the public benefits § 237.18 Will I be considered a public charge because my spouse, parent, child, (12) Educational benefits, including rendered. benefits under the Head Start Act and or other relative has accepted public aid for elementary, secondary, or higher § 237.16 Is the ``Affidavit of Support Under benefits or has become a public charge? education; Section 213A of the Act'' (Form I±864) (a) The fact that one, or all, of your (13) Non-cash benefits or services relevant to removal on public charge close relatives has received public cash funded by the TANF program; grounds of deportation? benefits for income maintenance, or has (14) Job training programs; (a) The ‘‘Affidavit of Support Under become a public charge, will not make (15) State and local supplemental, Section 213A of the Act’’ (Form I–864) you deportable as a public charge, non-cash benefits that serve purposes required under section 213A of the Act unless the evidence shows that you,

VerDate 06-MAY-99 17:10 May 25, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm01 PsN: 26MYP2 28686 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules individually, have become a public INS, as we understand it, is proposing to medical care and child care) that do not charge. define ‘‘public charge’’ to mean an alien who directly provide subsistence and together are (b) Public cash benefits for income has, or is likely to become, ‘‘primarily insufficient to provide primary support to an maintenance received by your relatives dependent on the government for individual or a family absent additional subsistence.’’ An important issue that has will not be attributed to you for income. Moreover, programs such as Child arisen is receipt of which benefits is evidence Care enable parents to work and earn income deportation purposes, unless they also of this dependency. HHS agrees that in in order to be self-sufficient. In addition, represent your sole support. If such making such an assessment about an depending on eligibility rules, some benefits are attributed to you because individual, it is important to articulate a programs such as Medicaid, may or may not they are your sole support, all of the principle that distinguishes clearly those be available to all family members or for all requirements of §§ 237.11, 237.15, and public benefits that should be relevant to periods of time. HHS is unable to conceive 237.16 of this part (if § 237.16 is public charge determinations from those that of a situation where an individual, other than applicable to your case) must also be should not be of any consequence. We someone who permanently resides in a long- further understand that under immigration term care institution, could support himself met before you may be found deportable law, receipt of benefits is only one of many as a public charge. or his family solely on non-cash benefits so factors that INS and Department of State as to be primarily dependent on the officers consider in making public charge Subpart BÐ[Reserved] government. Thus, virtually all families determinations. receiving non-cash support benefits, but not This letter responds to your request for Dated: May 20, 1999. receiving cash assistance, must rely on other advice from benefit-granting agencies with Janet Reno, income (usually earned income) in order to expertise in subsistence matters about which meet their subsistence needs. Attorney General. types of benefit receipt would demonstrate Finally, non-cash support benefits and that an individual is primarily dependent on Appendix to Preamble services are generally designed to the government for his or her support. The supplement and support the diet, health, and The following are the texts of letters best available evidence of whether someone living conditions of recipients, many of received by Immigration and Naturalization is primarily dependent on government whom are low- to middle-income working Service officials from officials from the assistance for subsistence is whether that families, and are generally provided as Department of Health and Human Services, individual is receiving cash assistance for vouchers or direct services.2 Also, these non- the Social Security Administration, and the income maintenance purposes, (i.e., cash cash services often have a primary objective Department of Agriculture. assistance under the Temporary Assistance to of supporting the overall community or BILLING CODE 4410±10±U Dependent Families program (TANF)), the public health, by making services generally Supplemental Security Income (SSI), and available to everyone within a community, The Deputy Secretary of Health and Human state general assistance programs), or is Services providing infrastructure development and institutionalized in a long-term care facility support, or providing stable financing for at government expense.1 Washington, D.C. 20201 services and systems that benefit entire The receipt of cash benefits or long-term communities. Compared to cash benefit March 25, 1999. care institutionalization are the most programs, non-cash support programs Commissioner Doris Meissner, effective proxies for identifying an individual generally have more generous eligibility rules Immigration and Naturalization Service, as one who is primarily dependent on so as to be available to individuals and Department of Justice, 425 Eye Street government assistance for subsistence. families with incomes well above the poverty NW., Washington, D.C. 20536 First, nearly all individuals or families line. For example, states have a great deal of receiving cash assistance for purposes of Dear Commissioner Meissner: According to flexibility to set income eligibility rules income maintenance are also receiving other my colleagues at the U.S. Department of under Medicaid and the Children’s Health Health and Human Services (HHS), I non-cash support benefits and services as well, (e.g., Medicaid, Food Stamps, housing Insurance Program, and many states cover understand that the Immigration and certain populations, such as children and Naturalization Service (INS) plans to issue assistance, child care, energy assistance), and they are likely not to be receiving any income pregnant women, up to 200 percent of the some form of guidance explaining the public poverty line and sometimes higher. charge ground of inadmissibility to and from other sources. For example, virtually all of those receiving AFDC cash assistance in Moreover, in 1997 nearly half (49 percent) of deportation from the United States. The Medicaid recipients were not receiving any guidance is critical to clarifying for 1995 were also receiving Medicaid (97 percent) and Food Stamps (89 percent), (1998 cash assistance (SSI or AFDC/TANF), and immigrant families and communities what two-thirds (64 percent) of adult recipients the potential immigration consequences are Green Book). By the end of 1997, 82 percent of families receiving TANF reported having reported working full or part time. (March of receiving certain government benefits. 1998 Current Population Survey). Similarly, Over the past several years, there has been no earned income. (AFDC/TANF Quality Control Data). In these cases, the individuals about one-third of Food Stamp recipients in a significant decline in the receipt of welfare, or families receiving cash assistance would 1997 did not receive cash assistance and health, and nutrition benefits by immigrant meet the standard of ‘‘primarily dependent families and their citizen children, even on government assistance for subsistence.’’ 2 Although most support programs provide though many of these families (or individuals Second, it is extremely unlikely that an vouchers or direct services, it should be noted that within these families) are eligible for such individual or family could subsist on a at HHS some of these programs can also provide benefits. HHS has received numerous reports cash for the reimbursement of specific costs. For combination of non-cash support benefits or from state and local government officials, example, the Low Income Home Energy Assistance services alone. Without cash assistance, it is program administrators, and community Program (LIHEAP) and the Child Care Development extremely unlikely that the individual or leaders around the country that a significant Fund (CCDF) are authorized to make cash family could meet the basic subsistence factor contributing to this decline in payments, but these payments are for specific requirements related to food, clothing and purposes other than income maintenance. LIHEAP participation is the confusion and fear that shelter. These non-cash assistance programs is authorized to provide cash payments for energy immigrant families have in relation to public typically provide only supplemental and costs, and providers do so in very limited charge policies. There is particularly concern marginal assistance, (e.g., Food Stamps, circumstances such as when a vendor (such as a log that this lack of access to critical services housing assistance, energy assistance) or supplier) does not have an agreement with the administering entity, (i.e., state, county, or may lead to negative health outcomes for services, (e.g., health insurance coverage, immigrant families and children, as well as nonprofit organization). In the case of CCDF, in FY potentially undermining public health. 1997 that program gave cash payments to recipients 1 HHS supports the efforts of INS and the Note that SSI is administered by the Social in 7% of all cases specifically for the Security Administration, and general assistance reimbursement of beneficiaries’ child care costs. Department of Justice to clarify the meaning programs are administered by the several states. Under the proposal articulated here, cash payments of ‘‘public charge’’ in a way that meets the However, we believe these are the relevant cash in these programs would not give rise to a public objectives of both the immigration laws and assistance programs that support the analysis in this charge determination since such payments are not the Administration’s health policies. The letter. provided for income maintenance purposes.

VerDate 06-MAY-99 17:10 May 25, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\26MYP2.XXX pfrm01 PsN: 26MYP2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Proposed Rules 28687 reported earnings in 1997. (Characteristics of We agree that the receipt of Supplemental eligible for SSI are healthy when they first Food Stamp Recipients, 1998). In these cases Security Income (SSI) could show primary come to the United States but become aged, the individual or family receiving non-cash dependence on the government for blind or disabled after they enter. If these benefits, but not receiving cash assistance, subsistence fitting the INS definition of conditions occurred after entry giving rise to would not meet the standard of ‘‘primarily public charge provided that all of the other the use of the public benefits, we understand dependent on government assistance for factors and prerequisites for admission or that they would not be deportable on public subsistence.’’ deportation have been considered or met. We charge grounds. The one circumstance in which receipt of believe, however, that many mitigating Another mitigating factor in the proposed non-cash benefits would indicate that an factors discussed below, coupled with public charge rule as it applies to SSI individual is primarily dependent on specific public charge exemptions under beneficiaries involves reimbursement of SSI government assistance for subsistence, and immigration law, also discussed, would benefits received. As we understand the therefore potentially a public charge, is the result in a minimal impact of the public proposed rule, in order for a noncitizen to be case of an individual permanently residing in charge provisions on the SSI noncitizen determined deportable on public charge a long-term care institution and relying on population. grounds, there must in part be a legal government assistance for those long-term The SSI program is a nationwide Federal obligation for the individual or his or her care services. In this case, all of the means-tested income maintenance program sponsor to repay the benefits received during individual’s basic subsistence needs are administered by the Social Security the first 5 years after entry into the United assumed by the institution, and the Administration (SSA). SSI guarantees a States. SSA has no authority to require the individual has no need for cash assistance. minimum level of income for needy aged, individual to repay the benefits for which Aside from this narrow instance, the receipt blind, and disabled individuals. The program they are entitled. Thus, nonsponsored of a non-cash support benefits and services is designed to provide assistance for noncitizens would not be required to should not be relevant to a public charge individuals’ basic needs of food, clothing, reimburse, and the public charge provision determination under INS’ proposed and shelter. Individuals eligible for SSI are for deportation would not apply to them. definition. among the most vulnerable people in the However, sponsors who have signed a new Based on these considerations, HHS United States. For them, SSI is truly the affidavit of support under section 213A of the recommends that benefit receipt should only program of last resort and is the safety net INA are required to reimburse SSA for SSI be relevant to public charge determinations that protects them from complete benefits paid to the sponsored noncitizen. when an individual receives the benefits impoverishment. Only if the sponsor refuses to repay would defined below: Lawful permanent residents and the SSI beneficiary potentially be subject to 1. Cash-Assistance for Income noncitizens permanently residing in the deportation. Maintenance: Cash assistance under TANF, United States under color of law were Even for those individuals who do not come under one of the exempted categories, SSE, and state/local equivalents (including eligible for SSI when the program began in the draft rules state that the mere receipt of state-only TANF). 1974. The 1996 welfare reform legislation SSI does not automatically make a noncitizen 2. Long-Term Institutionalized Care: The (Public Law 104–193) restricted SSI inadmissible, ineligible to adjust status, or limited case of an alien who permanently eligibility for qualified noncitizens to those subject to deportation. In the admission resides in a long-term care institution (e.g., who were in specific, limited categories, such context, the INS plans to apply a ‘‘totality of nursing facilities) and whose subsistence is as refugees and asylees, individuals who circumstances’’ test which includes the supported substantially by public funds (e.g., served in the U.S. military, and lawful consideration of several mandatory statutory Medicaid). permanent residents who worked in the factors. Examples of such factors include an Thank you for your time and United States for at least 40 quarters. alien’s age, health, family status, assets, consideration. Please let me know if I or HHS Subsequent legislation in 1997 and 1998 resources, financial status, education and staff can be of any further assistance expanded the categories to include skills. No single factor, other than the lack of regarding this important policy issue. individuals who had received SSI or were in a sufficient affidavit of support, if required, Sincerely, the United States prior to enactment of will determine whether a noncitizen is likely Kevin Thurm, welfare reform and who are disabled or to be a public charge, including past or blind. These later laws added other discrete current receipt of SSI. In the deportation Deputy Secretary of Health and Human classes of noncitizens as well. Still, the Services. context, mere receipt of benefits also will not categories of noncitizens eligible for SSI are make a person deportable. There must also Social Security limited. have been a demand for repayment by the Under INS’ proposed rule, the receipt of May 14, 1999. benefit agency, failure to meet that demand SSI could lead to a determination that a by the alien or other obligated party, a final Dr. Robert L. Bach, person is or is likely to be a public charge. judgment, and all steps taken to enforce that Executive Associate Commissioner for Office As mentioned earlier, only limited, specified judgment. Without the satisfaction of these of Policy and Planning, Immigration and categories of noncitizens are eligible for SSI. prerequisites, the alien is not deportable. Naturalization Service, 425 I Street, Our analysis of the proposed INS public Further, we understand that INS will take Washington, DC 20536 charge rule leads us to conclude that many into account the specific circumstances Dear Dr. Bach: We understand that the of these SSI-eligible noncitizen categories surrounding the past or current receipt of Immigration and Naturalization Service (INS) would either be exempt from the public SSI. For example, if a noncitizen received SSI is planning to publish proposed regulations charge provisions by law, or would not be in a past period of unemployment, but he or on the definition of ‘‘public charge’’ for deemed public charges because of the she is currently working and is self- purposes of determining who can be operation of other factors required under the supporting, a public charge determination admitted to and who can be deported from proposed rule. For example, aged, blind, and may not be made. Every admission decision the United States under the provisions in disabled refugees, asylees, Amerasian is made on a case-by-case basis carefully sections 212(a)(4) and 237(a)(5) of the immigrants, Cubans and Haitians may be balancing the totality of the circumstances. Immigration and Nationality Act (INA). More eligible for SSI benefits after they have been We also understand that INS will accord less specifically, INS plans to define ‘‘public in the United States for 30 consecutive days. significance to the receipt of SSI if a charge’’ to mean an individual who ‘‘has We understand that the first three categories noncitizen received SSI sometime ago or a become’’ or is ‘‘likely to be primarily and certain Cuban/Haitians are exempt from noncitizen received or is receiving a small dependent on the government for the proposed public charge policy under amount of SSI. subsistence.’’ You have asked the Federal other provisions in immigration law. In INS’ proposed rule concerning agencies that administer public benefit addition, the public charge provision for deportations on public charge grounds programs whether a noncitizen’s receipt of deportation under section 237(a)(5) of the indicates that such deportations are rare the benefits might indicate that the INA, applies only in cases in which a since the standards are very strict. We believe noncitizen primarily relied on these benefits noncitizen became a ‘‘public charge from that these strict criteria would result in the for subsistence. This letter is in response to causes not affirmatively shown to have arisen deportation provision rarely being applied that request. since entry.’’ Many individuals who are against a noncitizen SSI beneficiary.

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Thank you for the opportunity to comment Dear Commissioner Meissner: This is in deportation, or adjustment of an alien’s on this important matter. reference to a letter that the Department of status. Sincerely, Health and Human Services recently sent you Please let us know if we can be of any Susan M. Daniels, suggesting that the receipt of public benefits assistance regarding this matter. should only be relevant to a public charge Deputy Commissioner for Disability and Sincerely, determination when an individual receives Income Security Programs. cash assistance for income maintenance or Shirley R. Watkins, Department of Agriculture long-term institutionalized care. We have Under Secretary, Food, Nutrition and reviewed the letter and are in agreement with Office of the Secretary, Washington, D.C. Consumer Services. its contents. 20250 We believe that neither the receipt of food [FR Doc. 99–13188 Filed 5–25–99; 8:45 am] April 15, 1999. stamps nor nutrition assistance provided BILLING CODE 4410±10±M Honorable Doris M. Meissner, under the Special Nutrition Programs Commissioner, Immigration and administered by this Agency should be Naturalization Service, 425 I Street, NW, considered in making a public charge Room 7100, Washington, D.C. 20536 determination for purposes of admission,

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DEPARTMENT OF JUSTICE to provide additional information to the purposes of both admission/adjustment and public on the Service’s implementation deportation. That rule proposes that ‘‘public Immigration and Naturalization Service of the public charge provisions of the charge’’ means an alien who has become (for immigration laws. deportation purposes) or who is likely to [INS No. 1988±99] become (for admission/adjustment purposes) Dated: May 20, 1999. ‘‘primarily dependent on the government for Field Guidance on Deportability and Doris Meissner, subsistence, as demonstrated by either (i) the Inadmissibility on Public Charge Commissioner, Immigration and receipt of public cash assistance for income Grounds Naturalization Service. maintenance or (ii) institutionalization for long-term care at government expense.’’ AGENCY: Immigration and Naturalization U.S. Department of Justice, Immigration and Institutionalization for short periods of Service, Justice. Naturalization Service rehabilitation does not constitute such ACTION: Notice. May 20, 1999. primary dependence. The Service is adopting this definition Memorandum for All Regional Directors immediately, while allowing the public an SUMMARY: The Department of Justice From: Michael A. Pearson, Executive opportunity to comment on the proposed (Department) is publishing a proposed Associate Commissioner, Office of Field rule. Accordingly, officers should not initiate Operations rule in this issue of the Federal Register or pursue public charge deportation cases Subject: Public Charge: INA Sections which proposes to establish clear against aliens who have not received public 212(a)(4) and 237(a)(5) standards governing a determination cash benefits for income maintenance or who that an alien is inadmissible or This memorandum provides guidance have not been institutionalized for long-term ineligible to adjust status, or has become concerning the public charge ground of care. Similarly, officers should not place any deportable, on public charge grounds. inadmissibility, section 212(a)(4) of the weight on the receipt of non-cash public Before the proposed rule becomes Immigration and Nationality Act (INA), and benefits (other than institutionalization) or the related deportation charge under section the receipt of cash benefits for purposes other final, the Immigration and 237(a)(5) of the INA. It also discusses the Naturalization Service (Service) is than for income maintenance with respect to impact of these subsections of the new determinations of admissibility or eligibility publishing its field guidance on public enforceable Affidavit of Support prescribed for adjustment on public charge grounds. charge issues as an attachment to this by section 213A of the INA, established by Supplementary guidance will be issued, as notice. This is necessary to help the Illegal Immigration Reform and necessary, in conjunction with publication of alleviate public confusion over the Immigrant Responsibility Act of 1996 a final rule. 1 meaning of the term ‘‘public charge’’ in (IIRIRA) and welfare reform laws. See section 6, below, for a more detailed immigration law and its relationship to IIRIRA and the recent welfare reform laws discussion of particular types of benefits that have sparked public confusion about the the receipt of Federal, State, and local may and may not be considered for public relationship between the receipt of federal, charge purposes. public benefits. This field guidance will state, local public benefits and the meaning also provide aliens with better guidance of ‘‘public charge’’ under the immigration 2. Admission and Adjustment of Status as to the types of public benefits that laws. Accordingly, the Service is taking two Under INA section 212(a)(4), an alien will and will not be considered in steps to ensure the accurate and uniform seeking admission to the United States or public charge determinations. application of law and policy in this area. seeking to adjust status to that of an alien First, the Service is issuing this DATES: This notice and field guidance lawfully admitted for permanent residence is memorandum which both summarizes are effective May 21, 1999. inadmissible if the alien, ‘‘at the time of longstanding law with respect to public application for admission or adjustment of FOR FURTHER INFORMATION CONTACT: charge and provides new guidance on public status, is likely at any time to become a Sophia Cox or Kevin Cummings, charge determinations in light of the recent public charge.’’ 2 IIRIRA amended section Immigration and Naturalization Service, changes in law. In addition, the Service is 212(a)(4) of the INA to codify the factors 525 I Street, NW, Office of publishing a proposed rule for notice and relevant to a public charge determination. Adjudications, Washington, DC 20536, comment that will for the first time define Officers must consider, at a minimum, the telephone (202) 514–4754. ‘‘public charge’’ and discuss evidence alien’s age, health, family status, assets, relevant to public charge determinations. resources, and financial status, and education SUPPLEMENTARY INFORMATION: Recent Although the definition of public charge is and skills when making a public charge immigration and welfare reform laws the same for both admission/adjustment and inadmissibility determination. Every denial have generated considerable public deportation, the standards of public charge is order based on public charge must reflect confusion about the relationship the same for both admission/adjustment and consideration of each of these factors and between the receipt of Federal, State, deportation, the standards applied to public specifically articulate the reasons for the and local public benefits and the charge adjudications in each context are officer’s determination. meaning of ‘‘public charge’’ in significantly different and are addressed The most significant change to section separately in this memorandum. After immigration statutes governing 212(a)(4) under IIRIRA is the creation of a discussing the definition and standards for new affidavit of support (AOS), which, deportation, admissibility, and public charge determinations, the adjustment of status. The Department coupled with new section 213A, imposes on memorandum goes on to discuss exceptions the sponsor a legally enforceable support decided to publish a proposed rule from public charge determinations and obligation. The law requires that sponsors defining ‘‘public charge’’ in order to particular types of benefits that may and may demonstrate that they are able to maintain reduce the negative public health not be considered for public charge purposes, the sponsored alien at an annual income of consequences generated by the existing in addition to other issues. not less than 125 percent of the federal confusion and to provide aliens with I. Definition of ‘‘Public Charge’’ poverty level. The AOS requirement applies to all immediate relatives (including better guidance as to the types of public The Service is publishing a rule for notice orphans), family-based immigrants, and those benefits that will and will not be and comment that defines ‘‘public charge’’ or considered in public charge employment-based immigrants who will work for a relative or for a firm in which a determinations. 1 The Personal Responsibility and Work U.S. citizen or lawful permanent resident In addition, the Service has issued Opportunity Reconciliation Act of 1996, Pub. L. (LDR) relative holds a 5 percent or more guidance to its field officers on a variety 104–193, as amended by the Balanced Budget Act of 1997, Pub. L. 105–33; the Agricultural Research, ownership interest. Immigrants seeking of issues related to public charge Extension, and Education Reform Act of 1998, Pub. determinations. That field guidance is L. 105–185; and the Noncitizen Technical 2 See Section 4 below on categories of aliens who included as an attachment to this notice Amendments Act of 1998, Pub. L. 105–306. are not subject to public charge determinations.

VerDate 06-MAY-99 20:10 May 25, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4701 Sfmt 4703 E:\FR\FM\26MYN3.XXX pfrm11 PsN: 26MYN3 28690 Federal Register / Vol. 64, No. 101 / Wednesday, March 26, 1999 / Notices admission or adjustment of status in these the burden of supporting the alien is likely alien received such cash benefits or was categories are inadmissible under to be cast on the public, must be present. A institutionalized, the less weight these factors subparagraphs (C) and (D) of the modified healthy person in the prime of life cannot will have as a predictor of future receipt. section 212(a)(4), respectively, unless an ordinarily be considered likely to become a Also, the ‘‘length of time an applicant has appropriate sponsor has completed and filed public charge, especially where he has received public cash assistance is a a new AOS if the application for an friends or relatives in the United States who significant factor.’’ 6 The longer an alien has immigrant visa or adjustment of status was have indicated their ability and willingness received cash income-maintenance benefits filed on or after December 19, 1997. Note that to come to his assistance in case of an in the past and the greater the amount of this requirement applies to these aliens even emergency.’’ 5 Under the new AOS rules, all benefits, the stronger the implication that the if, under the factors codified in section family-based immigrants (and some alien is likely to become a public charge. The 212(a)(4)(B), the adjudicator would ordinarily employment-based immigrants) will have a negative implication of past receipt of such find that the alien is not likely to become a sponsor who has indicated an ability and benefits or past institutionization, however, public charge. The only exceptions from this willingness to come to the immigrant’s may be overcome by positive factors in the requirement are for qualified battered assistance. alien’s case demonstrating an ability to be spouses and children (and their eligible Current Receipt of Cash Benefits for Income self-supporting. For instance, a work- family members) and for qualified Maintenance and Current Institutionalization authorized alien who has current full-time widow(er)s of citizens, if these aliens have employment or an AOS should be found If at the time of application for admission filed visa petitions on their own behalf. admissible despite past receipt of cash public or adjustment an alien is receiving a cash Where such an AOS has been filed on an benefits, unless there are other adverse public assistance for income maintenance or alien’s behalf, it should be considered along factors in the case. is institutionalized for long-term care (as with the statutory factors in the public charge Past receipt of non-cash benefits (other discussed in section 6, below), that benefit determination. than institutionalization for long-term care) should be taken into account under the The standard for adjudicating should not be taken into account under the totality of the circumstances test, along with inadmissibility under section 212(a)(4) has totality of the circumstances test. Similarly, the other statutory factors under section been developed in several Service, BIA, and past receipt of special-purpose cash benefits 212(a)(4)(B)(i) and any AOS. It is possible, for Attorney General decisions and has been not for income maintenance should be not example, that an alien receiving a small codified in the Service regulations taken into account. implementing the legalization provisions of amount of cash for income maintenance the Immigration Reform and Control Act of purposes could be determined not likely to Repayment of Public Benefits 1986. These decisions and regulations, and become a public charge due to other positive IIRIRA did not create any requirement that factors under the totality of the section 212(a)(4) itself, create a ‘‘totality of aliens repay benefits received in the past in circumstances test. Aliens should not be the circumstances’’ test. order to avoid being found inadmissible on asked to repay the cost of any benefits In determining whether an alien is likely public charge grounds, nor has such a received in order to qualify for admission or to become a public charge, Service officers requirement existed in the past. Accordingly, adjustment. should assess the financial responsibility of officers should not instruct or suggest that Current receipt of non-cash benefits or the the alien by examining the ‘‘totality of the aliens must repay benefits previously receipt of special-purpose cash benefits not alien’s circumstances at the time of his or her received as a condition of admission or for income maintenance should not be taken application ** * The existence or absence adjustment, and they should not request into account under the totality of the of a particular factor should never be the sole proof of repayment as a condition for finding circumstances test in determining whether criterion for determining if an alien is likely the alien admissible to the United States. the alien is likely to become a public charge. to become a public charge. The (See INS Memorandum. ‘‘Public Charge. INA determination of financial responsibility Past Receipt of Cash Benefits for Income Sections 212(a)(4) and 237(a)(5)—Duration of should be a prospective evaluation based on Maintenance and Past Institutionalization Departure for LPRs and Repayment of Public the alien’s age, health, family status, assets, Past receipt of cash income-maintenance Benefits,’’ dated December 16, 1997, for resources and financial status, education, and benefits does not automatically make an alien further discussion.) skills, among other factors.3 An alien may be inadmissible as likely to become a public Repayment is relevant to the public charge considered likely to become a public charge charge, nor does past institutionalization for inadmissibility determination only in very even if there is no legal obligation to long-term care at government expense. Rather limited circumstances. If at the time of reimburse the benefit-granting agency for the this history would be one of many factors to application for admission or adjustment of benefits or services received, in contrast to be considered in applying the totality of the status the alien is deportable on public the standards for deportation, discussed circumstances test. In the case of an alien charge grounds under section 237(a)(5) of the below.4 who has received cash income-maintenance INA due to an outstanding public debt for a In addition, the Attorney General has ruled benefits in the past or who has been cash benefit or the costs of that ‘‘[s]ome specific circumstances, such as institutionalized for long-term care at institutionalization, then the alien is mental or physical disability, advanced age, government expense, a Service officer inadmissible. Only a debt that satisfies the or other fact reasonably tending to show that determining admissibility should assess the three-part test under section 237(a)(5), totality of the alien’s circumstances at the described below, will render an alien 3 8 C.F.R. § 245a.4(b)(11)(iv)(B), and see INA time of the application for admission or deportable as a public charge and therefore § 212(a)(4)(B). The federal courts have also adjustment and make a forward-looking ineligible for admission or adjustment. If the endorsed this ‘‘totality of the circumstances’’ test. debt is paid, then the alien will no longer be See, e.g., Zambrano v. INS, 972 F.2d 1122 (9th Cir. determination regarding the likelihood that 1992), judgment vacated on other grounds, 509 U.S. the alien will become a public charge after inadmissible based on the debt, and the usual 918 (1993). admission or adjustment. The longer ago an totality of the circumstances test would 4 Matter of Harutunian, 14 I. & N. Dec. 583 (BIA apply. While the Service may not demand 1974) (interpreting § 212(a)(15), recodified as 5 Matter of Martinez-Lopez, 10 I&N 409, 421–422 § 212(a)(4)). (AG, Jan. 6, 1964). 6 8 CFR § 245a.2(k)(4).

VerDate 06-MAY-99 20:10 May 25, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\26MYN3.XXX pfrm11 PsN: 26MYN3 Federal Register / Vol. 64, No. 101 / Wednesday, March 26, 1999 / Notices 28691 that an alien repay a public debt which meets be legally obligated to repay the benefit- 4. Exceptions From Public Charge the three-part test, it may inform an alien that granting agency for the benefits or services Determinations if the alien does not repay the debt, he or she provided, if there is no reimbursement Under the new laws, refugees and asylees will continue to be inadmissible to the requirement under law, the alien cannot be remain exempt from public charge United States. Adjudicators should make said to be a public charge. determinations for purposes of admission sure also to inform aliens that even if they (2) The responsible benefit-granting agency and adjustment of status pursuant to sections pay the debt, they may still be determined to officials must make a demand for payment 207, 208, and 209 of the INA. Similarly, be inadmissible as an alien likely to become for the benefit or services from the alien or Amerasian immigrants are exempt from the a public charge under the totality of the other persons legally responsible for the debt public charge ground of inadmissibility for circumstances test. under federal or state law (e.g., the alien’s their initial admission.10 In addition, various If an INS officer finds evidence of possible sponsor). statutes contain exceptions to the public benefit fraud in the course of performing his (3) The alien and other persons legally charge ground of inadmissibility for aliens or her immigration duties, that information responsible for the debt fail to repay after a eligible for benefits under their provisions, should be forwarded through official demand has been made. including the Cuban Adjustment Act (CAA), channels to the appropriate benefit-granting The demand for repayment must be made the Nigaraguan Adjustment and Central agency for possible investigation and within 5 years of an alien’s entry in order to American Relief Act (NACARA), and the enforcement action. In such cases, absent a render the alien deportable as a public Haitian Refugee Immigration Fairness Act 11 determination of fraud by the benefit- 9 (HRIFA). These laws provide avenues of granting agency, immigration benefits to charge. In addition, the Service has determined that, in order for an alien to adjustment for certain aliens—including which the alien is otherwise entitled should 12 become deportable as a public charge as a Cuban/Haitian entrants, who remain not be withheld or denied. eligible for many public benefits under result of the failure of the sponsor to repay welfare reform—without subjecting them to 3. Public Charge Determination— the agency, the benefit-granting agency must screening as potential public charges. Deportation take all available actions to collect from the Most LPRs who have been outside the The determination of whether an alien is sponsor. This includes filing an action in the United States for 180 days or less are not subject to removal under section 237(a)(5) is appropriate court and taking all steps applicants for admission and therefore are quite different from the determination of available under law to enforce a final not subject to the grounds of inadmissibility, whether an alien is inadmissible under judgment against the sponsor or other pursuant to section 101(a)(13)(C) of the section 212(a)(4), although in both contexts obligated party. INA.13 Accordingly, absent an indication that the focus is on the receipt of cash benefits for Deportations based on public charge they may be applicants for admission, such income maintenance purposes. Section grounds have been rare, and the new LPRs should not routinely be questioned on 237(a)(5) of the INA states that ‘‘[a]ny alien immigration and welfare laws are not likely issues related to the likelihood that they will who, within 5 years after the date of entry, to change this. First, for aliens who are not become a public charge. has become a public charge from causes not sponsored under the new AOS, it is unlikely Under section 249 of the INA, which affirmatively shown to have arisen since that there will be a legal obligation to repay allows aliens who have been in the United entry is deportable.’’ This section requires a public benefits or that the benefit-granting States since January 1, 1972, to ‘‘register’’ as two-step determination. First, the Service agency will make a demand for repayment. LPRs, public charge is not a factor in must determine whether the alien has Thus, just as in the past, the first two prongs determining eligibility. Receipt of public become a public charge within 5 years after of the Matter of B test generally will not be benefits is not an adverse factor in meeting 7 the date of entry. Second, if the alien has satisfied. Only aliens who apply for the ‘‘good moral character’’ requirement for become a public charge, then the Service immigrant visas or adjustment of status on or registry, absent evidence that an applicant must determine whether the alien has after December 19, 1997, may be sponsored procured or attempted to procure such demonstrated that the circumstances that under the new, enforceable AOS, which benefits through fraud or misrepresentation. caused the alien to become a public charge could satisfy the standards for deportation arose after the alien’s entry into the United 5. Receipt of Benefits by Children and Other under Matter B. However, under the new States. An alien who can make such a Family Members welfare reform laws, these same aliens will showing is not removable under section generally be barred from receiving federal The Service has addressed the issue of 237(a)(5). means-tested public benefits for the first 5 receipt of benefits by children and other We respect to whether an alien has become family members in a number of memoranda years after admission or adjustment—the a public charge, the Attorney General has on the issue of public charge for aliens critical period for purposes of deportability. determined that the mere receipt of a public applying for legalization under section 245A In addition, under the ‘‘deeming’’ rules, benefit by an alien does not make an alien of the INA. The Service’s approach to the a public charge for purposes of deportation and the sponsor’s spouse’s income and receipt of benefits by family members in the under section 237(a)(5). Rather, in Matter of resources will be attributed to the alien in legalization context has been upheld in B, 3 I. & N. Dec. 323 (BIA and AG 1948),8 assessing his or her eligibility to receive a federal court and should govern the question the Attorney General established a strict means-tested benefit, which would normally for general public charge determinations as three-part test to determine if an alien has raise the alien’s income over the benefit eligibility threshold. Only if an immigrant become a public charge. In order for an alien 10 Amerasian immigrants are defined in section to become a public charge under section receives a cash benefit for income- 584 of the Foreign Operations, Export Financing, 237(a)(5), the following 3 requirements must maintenance within 5 years of entry or is and Related Programs Appropriations Act of 1988. be met: institutionalized for long-term care (despite 11 See Matter of Mesa, 12 I. & N. Dec. (Dep. Assoc. (1) The state or other government entity the eligibility limitations), there is a demand Comm. 1967) (public charge exception under the that provides the benefit must, by law, for repayment by the benefit-granting agency, CAA); NACARA, Pub. L. 105–100, section 202(a); impose a charge or fee for the services and the sponsor or other responsible party HRIFA, Pub. L. 105–277, Title IX, section 902. 12 rendered to the alien. In other words, the fails to repay, can the immigrant become Cuban/Haitian entrants are defined in section deportable as a public charge. However, even 501(c)(e) of the Refugee Education Assistance Act alien or designated relatives or friends must of 1980. in this case, the alien must be given an 13 Section 101(a)(13)(C) provides that an LPR 7 The 5-year period states again each time an alien opportunity to prove that he or she became seeking admission to the U.S. is not an applicant enters the United States after a departure, except for a public charge for causes that arose after for admission unless the alien: (i) has abandoned LPRs who are not applicants for admission unless entry. If an alien can make such a showing, or relinquished that status; (ii) has been absent for they meet the terms of section 101(a)(13)(C). he or she will not be deportable as a public more than 180 days; (iii) has engaged in illegal 8 While this decision concerned the public charge charge. Thus, the Service is unlikely to see activity after leaving the U.S.; (iv) left the U.S. provision of the 1917 Act, the test established a significant increase in cases of deportability while in removal proceedings; (v) has committed continues to be valid under current law, which is on public charge grounds. certain offenses in the U.S.; or (vi) is attempting to substantially the same as the 1917 law. See Matter enter other than at a port of entry or has not been of L. 6 I. & N. Dec. 349 (BIA 1954), and Matter of admitted to the U.S. after inspection and Harutunian 14 I. & N. Dec. 583 (BIA 1974). 9 Matter of L, 6 I. & N. Dec. 349 (BIA 1954). authorization.

VerDate 06-MAY-99 17:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\26MYN3.XXX pfrm01 PsN: 26MYN3 28692 Federal Register / Vol. 64, No. 101 / Wednesday, March 26, 1999 / Notices well.14 The rule is well summarized in an taking a similar approach by adopting a public charge. In addition, the statutory April 21, 1988, memorandum from the definition of public charge that focuses on factors under section 212(a)(4)(B) continue to Associate Commissioner for Examinations to whether the alien is or is likely to become apply. This, while the Service will not take the Regional Commissioners. primarily dependent on the government for an alien’s past or current receipt of non-cash As a general rule, the receipt of * ** subsistence. After extensive consultation benefits such as medical assistance into benefits by a member of the * ** with benefit-granting agencies, the Service account for public charge purposes, the applicant’s family is not attributable to the has determined that the best evidence of alien’s age, health, and resources must be applicant for purposes of determining the whether an alien is primarily dependent on considered (along with the other statutory likelihood that the applicant will become a the government for subsistence is either (i) factors) in determining whether he or she is public charge. * * * If, however, the family the receipt of public cash assistance for likely to become primarily dependent on the is reliant on the * * * benefits as its sole income maintenance, or (ii) government for subsistence in the future. means of support, the * * * applicant may institutionalization for long-term care at The rules governing alien eligibility for be considered to have received public cash government expense. federal, state, and local public benefits are assistance. This determination is to be made The Service is proposing this definition by complex and subject to change, including on a case-by-case basis and upon regulation and adopting it on an interim basis significant state-by-state variations. INS consideration of the totality of the applicant’s for several reasons. First, confusion about the officers are not expected to know the circumstances. relationship between the receipt of public substantive eligibility rules for different Although this memorandum specifically benefits and the concept of ‘‘public charge’’ public benefit programs. Rather, this addressed the receipt of cash assistance has deterred eligible aliens and their families, guidance and the proposed rule are intended under the former Aid to Families with including U.S. citizen children, from seeking to make public charge determinations Dependent Children (AFDC) program, the important health and nutrition benefits that simpler and more uniform, while rule is applicable generally to other cash they are legally entitled to receive. This simultaneously providing greater benefit programs that may give rise to public reluctance to access benefits has an adverse predictability to the public. charge determinations (See section 6.A impact not just on the potential recipients, A. Benefits That May Be Considered for below.) Accordingly, Service officers should but on public health and the general welfare. Public Charge Purposes not attribute cash benefits received by U.S. Second, non-cash benefits (other than Cash assistance for income maintenance citizen or alien children or other family institutionalization for long-term care) are by and institutionalization for long-term care at members to alien applicants for purposes of their nature supplemental and do not, alone government expense may be considered for determining whether the applicant is likely or in combination, provide sufficient public charge purposes. Programs that to become a public charge, absent evidence resources to support an individual or family. provide such benefits include: that the family is reliant on the family In addition to receiving non-cash benefits, an 1. Supplemental Security Income (SSI) member’s benefits as its sole means of alien would have to have either additional income—such as wages, savings, or earned under Title XVI of Social Security Act; support. 2. Temporary Assistance for Needy retirement benefits—or public cash Families (TANF) cash assistance (part A of 6. Benefits That May and May Not Be assistance. Thus, by focusing on cash Title IV of the Social Security Act—the Considered for Public Charge Purposes assistance for income maintenance, the successor to the AFDC program);17 The term ‘‘public charge’’ has not been Service can identify those who are primarily 3. State and local cash assistance programs defined in law or regulation and, in the past, dependent on the government for subsistence that provide benefits for income maintenance the Service has not provided comprehensive without inhibiting access to non-cash (often called ‘‘General Assistance’’ programs); guidance on all kinds of benefits that could benefits that serve important public interests. and cause an alien to be considered a public Finally, certain federal, state, and local 4. Programs (including Medicaid) benefits are increasingly being made charge. In light of the new laws and the supporting aliens who are institutionalized complexity of the federal, state, and local available to families with incomes far above for long-term care e.g., in a nursing home or public benefits system, this issue now the poverty level, reflecting broad public mental health institution).18 requires that the Service adopt uniform policy decisions about improving general Past or current receipt of such cash benefits standards. Accordingly, the Service is public health and nutrition, promoting does not lead to a per se determination that publishing a proposed rule for notice and education, and assisting working-poor an alien is either inadmissible or deportable comment, as noted above. The proposed families in the process of becoming self- as a public charge. Rather, such benefits standards take into account the law and sufficient. Thus, participation in such non- should be taken into account under the public policy decisions concerning alien cash programs is not evidence of poverty or totality of the circumstances test for purposes eligibility for public benefits and public dependence. of admission/adjustment and should be health considerations, as well as past practice In adopting this new definition, the Service considered for deportation purposes under by the Service and the Department of State. does not expect to substantially change the the standards of section 237(a)(5) and Matter It has never been Service policy that any number of aliens who will be found of B. receipt of services or benefits paid for in deportable or inadmissible as public charges. Note that not all cash assistance is whole or in part from public funds renders First, under the stricter eligibility rules of the provided for purposes of income an alien a public charge, or indicates that the welfare reform laws, many legal aliens are no maintenance, and thus not all cash assistance alien is likely to become a public charge. The longer eligible to receive certain types of is relevant for public charge purposes. For nature of the public program must be public benefits, so they run no risk of example, some energy assistance programs considered. For instance, attending public becoming public charges by virtue of provide supplemental benefits through cash schools, taking advantage of school lunch or receiving such benefits. Many of those who payments, in addition to vouchers or in-kind other supplemental nutrition programs, or remain eligible for federal, state, and local benefits, depending on the locality and the receiving emergency medical care would not public benefits are LPRs, refugees, and make an alien inadmissible as a public asylees, who are unlikely to face public 17 States have flexibility in administering the charge, despite the use of public funds. charges screening in any case in light of the TANF program and may choose to provide non- While the Service has not previously issued section 101(a)(13)C) and the statutory cash assistance such as subsidized child care or guidance on a program-by-program basis, the exceptions.16 Further, in light of the Matter transportation vouchers in addition to cash Department of State did codify its policy in of B test, deportations on public charge assistance. Such non-cash benefits should not be the Foreign Affairs Manual (FAM), excluding grounds have been rare and are expected to considered for public charge purposes. States may Food Stamps from consideration for public remain so. With respect to admissibility, the also provide non-recurrent cash payments for charge purposes because of its new AOS has already raised the threshold for specific crisis situations under TANF. Such 15 payments should not be considered for public ‘‘supplemental’’ nature. The Service is now many families to demonstrate that a charge purposes since they are not cash for income sponsored alien is not likely to become a maintenance. 14 See Perales v. Reno, 48 F.3d 1305 (2d Cir. 18 Costs for imprisonments for conviction of a 1995). 16 See section 4, above, for a discussion of public crime are not a basis for a public charge 15 9 FAM § 40.41 n.9.1 charge exceptions. determination.

VerDate 06-MAY-99 17:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\26MYN3.XXX pfrm01 PsN: 26MYN3 Federal Register / Vol. 64, No. 101 / Wednesday, March 26, 1999 / Notices 28693 type of fuel needed. Likewise, cash payments 9. Educational assistance, including December 19, 1997. In those cases not could also be provided for child care benefits under the Head Start Act and aid for governed by sections 212(a)(4)(C) and (D) and assistance. Such supplemental, special- elementary, secondary, or higher education; 213A (e.g., parolees, nonimmigrants, or purpose cash benefits should not be 10. Job training programs; and diversity immigrants) in which the Service considered in public charge determinations 11. In-kind, community-based programs, has traditionally accepted Form I–134, because they are not evidence of primary services, or assistance (such as soup kitchens, Service officers may continue to do so on a dependence on the government for crisis counseling and intervention, and short- discretionary basis. Use of Form I–361 will subsistence. term shelter). continue in cases involving Amerasians State and local programs that are similar to B. Benefits That May Not Be Considered for under Public Law 97–361. the federal programs listed above should also Public Charge Purposes be excluded from consideration for public 8. Naturalization Non-cash benefits (other than charge purposes. Note that states may adopt There is no public charge test for purposes institutionalization for long-term care) different names for the same or similar of naturalization. There are two narrow should not be taken into account in making publicly funded programs. In California, for circumstances under which the public charge public charge determinations, nor should example, Medicaid is called ‘‘Medi-Cal’’ and special-purpose cash assistance that is not issue can arise in a naturalization case. First, CHIP is called ‘‘Healthy Families.’’ It is the the alien’s admission for permanent intended for income maintenance. Therefore, underlying nature of the program, not the past, current, or future receipt of these residence may not have been ‘‘lawful’’ name adopted in a particular state, that pursuant to section 318 because, at the time benefits should not be considered in determines whether or not it should be of admission or adjustment, the alien was deterining whether an alien is or is likely to considered for public charge purposes. subject to exclusion as an alien likely to become a public charge. Further, an alien In addition, and consistent with existing become a public charge. This would need not repay benefits already received or Service practice, cash payments that have withdraw form a benefit program in order to been earned, such as Title II Social Security generally occur only if the Service can show be eligible for admission or adjustment of benefits, government pensions, and veterans’ that the alien withheld or misrepresented status. benefits, among other forms of earned material facts relating to the public charge It is not possible to list all the benefits, do not support a public charge issue at the time of admission or adjustment. supplemental non-cash benefits or special- determination. Secondly, the alien’s initial admission may purpose cash benefits that an alien may have been lawful, but later the alien became receive that should not be considered for 7. Affidavit of Support deportable as a public charge, under the test public charge purposes, but common The new AOS form, Form I–864, asks described in section 3, above. This would not examples include: whether the sponsor or a member of the be a bar to naturalization unless the Service 1. Medicaid and other health insurance sponsor’s household has received means- actually instituted deportation proceedings and health services (including public tested benefits within the past 3 years. The against the alien. As a practical matter, assistance for immunizations and for testing purpose of this question is not to determine neither of these situations is likely to occur. and treatment of symptoms of communicable whether the sponsor is or is likely to become The Service has no authority to make the diseases; use of health clinics, short-term a public charge, but to ensure that the repayment of public assistance a condition rehabilitation services, and emergency adjudicating officer has access to all facts that for granting naturalization, and officers medical services) other than support for long- may be relevant in determining whether the should not request proof of repayment from term institutional care,19 2. Children’s Health Insurance Program 125-percent annual income test is met. Any applicants in connection with a (CHIP); cash benefits received by the sponsor cannot naturalization adjudication. be counted toward meeting the 125-percent 3. Nutrition programs, including Food 9. Public Charge Bonds Stamps, the Special Supplemental Nutrition income threshold, but receipt of other means- Program for Women, Infants and Children tested benefits, such as Medicaid, is not Section 213 of the INA, Admission of (WIC), the National School Lunch and School disqualifying for sponsorship purposes. As Certain Aliens on Giving Bond, was amended Breakfast Program, and other supplementary noted above, public benefit programs are by IIRIRA only by including a parenthetical and emergency food assistance programs; increasingly available to families with reference to the new AOS prescribed in INA 4. Housing benefits; incomes above 125 percent of the poverty section 213A. Where appropriate, officers 5. Child care services; line. may use the public charge bond option 6. Energy assistance, such as the Low The regulations implementing the new pursuant to section 213 as has been done in Income Home Energy Assistance Program AOS requirement are found at 8 CFR part the past. 213a. Separate guidance has been issued on (LIHEAP); 10. Points of Contact 7. Emergency disaster relief; adjudicating applications including an AOS. Questions concerning this memorandum 8. Foster care and adoption assistance; Continued Use of Form I–134 should be referred to Sophia Cox or Kevin The use of the new AOS (Form I–864) is 19 Cummings, Headquarters Office of The Service’s decision not to consider mandatory for those categories of immigrants Medicaid, CHIP, and Food Stamps for public charge Adjudications, at 202–514–4754, through purposes does not affect the authority of benefit listed in section 212(a)(4)(C) and (D), and a appropriate channels. granting agencies to seek repayment for benefits Service officer may not accept a Form I–134 received by an alien from the alien’s sponsor under in place of the new AOS for these immigrants [FR Doc. 99–13202 Filed 5–25–99; 8:45 am] the new AOS. if the application was filed on or after BILLING CODE 4410±10±M

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Sicy I. National Technology Transfer and AGENCY Jacob or John Ferris, Chemical Advancement Act Emergency Preparedness and J. Congressional Review Act 40 CFR Part 68 Prevention Office, Environmental I. Introduction and Background Protection Agency (5104), 401 M Street [FRL±6348±2] SW, Washington, D.C., 20460, (202) A. Statutory Authority Accidental Release Prevention 260–7249 or (202) 260–4043, These amendments are being Requirements: Risk Management respectively; or the Emergency Planning promulgated under sections 112(r) and Programs Under Clean Air Act Section and Community Right-to-Know Hotline 301(a)(1) of the Clean Air Act (CAA) as 112(r)(7); Amendments to the Worst- at 800–424–9346 (in the Washington, amended (42 U.S.C. 7412(r), 7601(a)(1)). Case Release Scenario Analysis for DC metropolitan area, (703) 412–9810). B. Background Flammable Substances You may wish to visit the Chemical Emergency Preparedness and The 1990 CAA Amendments added AGENCY: Environmental Protection Prevention Office (CEPPO) Internet site, section 112(r) to provide for the Agency (EPA). at www.epa.gov/ceppo. prevention and mitigation of accidental chemical releases. Section 112(r) ACTION: Direct final rule. SUPPLEMENTARY INFORMATION: mandates that EPA promulgate a list of SUMMARY: This direct final action Regulated Entities ‘‘regulated substances,’’ with ‘‘threshold amends the Chemical Accident Entities potentially regulated by this quantities’’. Processes at stationary Prevention Provisions, also known as action are those stationary sources that sources that contain a threshold the Risk Management Program (RMP) have more than a threshold quantity of quantity of a regulated substance are regulations, codified in 40 CFR part 68. a regulated substance in a process. subject to accidental release prevention The revisions concern the worst-case Regulated categories and entities regulations promulgated under CAA release scenario analysis for regulated include: section 112(r)(7). EPA promulgated the flammable substances in 40 CFR 68.25. list of regulated substances on January 31, 1994 (59 FR 4478) (the ‘‘List Rule’’) EPA is issuing these revisions so that Category Example of regulated the regulated community can treat entities and the accidental release prevention regulated flammable substances in the regulations creating the risk Petrochemical ...... Refineries, Plastics, management program requirements on same manner as regulated toxic Resins. substances for determining the quantity June 20, 1996 (61 FR 31668) (the ‘‘RMP Chemical Manufac- Organics. Rule’’). Together, these two rules are released when conducting a worst-case turing. release scenario analysis. EPA is taking codified at 40 CFR part 68. EPA has this direct final action pursuant to a This table is not meant to be since revised the rules in several settlement agreement with the American exhaustive, but rather provides a guide respects, and these revisions are Petroleum Institute (API). for readers to indicate some of those reflected in the most recent codification EPA is also clarifying its entities likely to be regulated by this of 40 CFR part 68. Part 68 requires that any source with interpretation of Clean Air Act sections action. The table lists entities EPA is more than a threshold quantity of a 112(l) and 112(r)(11), as they relate to aware of that could potentially be regulated substance in a process Department of Transportation (DOT) regulated by this action. Other entities develop and implement a risk requirements under the Federal not listed in the table could also be management program that includes a Hazardous Materials Transportation regulated. To determine whether a five-year accident history, offsite Law under a settlement agreement with stationary source is regulated by this consequence analyses, a prevention the Chlorine Institute (CI). action, carefully examine the provisions program, and an emergency response associated with the list of substances DATES: This rule is effective on June 21, program. In part 68, processes are and thresholds under § 68.130 and the 1999 without further notice, unless EPA divided into three categories (Programs applicability criteria under § 68.10. If receives adverse comment by June 16, 1 through 3). Processes that likely have you have questions regarding 1999 or, pursuant to CAA section no potential impact on the public in the applicability of this action to a 113(g), declines to finalize the case of accidental releases have minimal particular entity, consult the hotline or settlement agreement. If we receive such requirements (Program 1). Processes in persons listed in the preceding FOR comment, or decide to withdraw from Programs 2 and 3 have additional FURTHER INFORMATION CONTACT section. the settlement agreement, we will requirements based on their potential publish a timely withdrawal in the Table of Contents for offsite consequences as indicated by Federal Register informing the public worst-case accidental release analysis that this rule will not take effect. I. Introduction and Background A. Statutory Authority and their accident history. Program 3 is ADDRESSES: Docket and Comments. B. Background also triggered if the processes are subject Docket No. A–99–15, containing C. RMP Rule Litigation to OSHA’s Process Safety Management supporting information used to develop II. Discussion of Revisions to § 68.25 (PSM) Standard. By June 21, 1999, any these amendments, is available for III. Clarification of Section 112(l) and source with more than a threshold public inspection and copying from 8:00 112(r)(11) quantity of a regulated substance in a a.m. to 5:30 p.m., Monday through IV. Judicial Review process must submit to EPA a risk Friday (except government holidays) V. Administrative Requirements management plan (RMP) that A. Docket from EPA’s Air Docket, at Waterside summarizes their implementation of the Mall, Room M1500, 401 M Street, SW, B. Executive Order 12866 C. Executive Order 12875 risk management program. Washington, D.C., 20460, telephone D. Executive Order 13045 C. RMP Rule Litigation 202–260–7548. Written comments E. Executive Order 13084 should be submitted to the same F. Regulatory Flexibility The American Petroleum Institute address. A reasonable fee may be G. Paperwork Reduction (API) and the Chlorine Institute (CI) charged for copying. H. Unfunded Mandates Reform Act filed petitions for judicial review of the

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RMP Rule (The Chlorine Institute v. scenario assumes that the largest but in a way that prevents a liquid fire EPA, No. 94–1279 (D.C. Cir.) and quantity is released in 10 minutes and from impacting storage vessels and consolidated cases (Nos. 96–1284, 96– the rate of release to the air is the prevents release to the environment. 1288, 96–1289 & 96–1290)). In court quantity divided by 10 minutes. Upon Such containment serves to reduce the filings, API raised issues related to loss of containment (e.g. a catastrophic quantity available for a vapor cloud worst-case release scenario analysis vessel failure), a gaseous substance will explosion in the same way that liquid (§ 68.25 of the rule) for flammables. be completely released to the air within toxics generate a smaller toxic vapor In the final RMP rule issued on June 10 minutes. Although gases liquefied by cloud than gases. If the flammable 20, 1996, § 68.25(e) states that when pressure will behave initially like a worst-case scenario were revised to conducting a worst-case scenario liquid, they will rapidly become gases account for liquids in the same way as analysis for flammables, the owner or upon catastrophic release because of the toxics, then the flammable worst-case operator shall assume that the quantity sudden release of pressure and because scenario could distinguish flammable of the substance, as determined under the storage temperature of the liquid is gases from liquids to avoid generating a paragraph (b) of § 68.25, vaporizes, often much higher than the boiling technically incorrect and overly resulting in a vapor cloud explosion. point of the substance. The rate of conservative result. This approach applies to all listed flashing and volatilization is generally EPA agrees that the worst-case flammable substances regardless of great enough to vaporize the entire assessment for flammable liquids and whether the flammable substance is quantity within 10 minutes. flammables liquefied by refrigeration is normally a liquid or liquefied by (2) For toxic liquids, the worst-case not consistent with the approach for refrigeration. API suggested that scenario assumes an instantaneous spill; toxic liquids or toxics liquefied by flammable liquids and those liquefied the release rate to the air is the refrigeration. EPA is thus taking direct by refrigeration should be treated, for volatilization rate from a pool that final action to revise § 68.25(e) so that modeling purposes, in the same manner spreads out to a 1 centimeter (cm) depth flammables may be treated in a manner as for toxic liquids or those liquefied by unless passive mitigation (e.g., a diked consistent with the treatment of toxics. refrigeration, as stated in § 68.25 (c) and area) contains the substance in a smaller Specifically, EPA is making the (d). EPA agreed that flammable liquids area. The rate of volatilization to the air following changes to § 68.25 for (including those liquified by depends on the surface area of the flammables: (1) For regulated flammable refrigeration) could be appropriately liquid pool and it may be adjusted to substances that are normally gases at treated in that manner. Accordingly, account for the smaller surface in a ambient temperature and handled as a EPA and API signed a proposed contained area. gas or as a liquid under pressure, the settlement agreement in May 1999. This (3) For toxic substances liquefied by owner or operator shall assume that the settlement agreement is awaiting refrigeration, the scenario assumes an quantity in the vessel or pipe, as finalization pursuant to section 113(g) of instantaneous liquid spill followed by determined under § 68.25(b), is released the CAA. volatilization of the pool at the as a gas over 10 minutes. The total CI’s primary litigation concern related substance’s boiling point but only if the quantity shall be assumed to be to CAA sections 112(l) and 112(r)(11), as spilled liquid is contained by passive involved in the vapor cloud explosion. they relate to Department of mitigation at a liquid depth greater than (2) For regulated flammable substances Transportation (DOT) requirements 1 cm. If passive mitigation is not present that are normally liquids at ambient under the Federal Hazardous Materials or is of such large capacity that the temperature, the owner or operator shall Transportation Law (‘‘Federal Hazmat refrigerated liquid spill can spread out assume that the entire quantity in the Law’’). EPA and CI reached an to a depth of 1 cm, then the quantity of vessel or pipe, as determined under agreement on this issue and signed a refrigerated liquid is assumed to § 68.25(b), is spilled instantaneously to proposed settlement agreement in May completely volatilize within 10 minutes. form a liquid pool. For liquids at 1999. This settlement agreement is Gases liquefied by refrigeration need temperatures below their atmospheric awaiting finalization pursuant to section time to vaporize and become a gas boiling point, the volatilization rate 113(g) of the CAA. because the storage temperature of the shall be calculated at the conditions liquid is less than its boiling point. specified in § 68.25(d). The owner or II. Discussion of Revisions to § 68.25 Therefore, the rate of release to the air operator shall assume that the quantity 40 CFR 68.25 requires each stationary is less than the total quantity released in which becomes vapor in the first 10 source subject to the RMP rule to 10 minutes. The liquid must be minutes is reported as the quantity analyze at least one worst-case release contained by passive mitigation at a released. (3) For flammable gases scenario for regulated flammables and at depth greater than 1 cm; otherwise, the handled as refrigerated liquids at least one for regulated toxic substances rate of warming and volatilization is ambient pressure, the owner or operator that are present in a process at the great enough to completely vaporize the may assume that the total quantity of stationary source above the threshold spill within 10 minutes. the substance determined in § 68.25(b) quantity. A worst-case release means the For all listed flammables however, the instantaneously spills followed by release of the largest quantity of a worst case assumes that the quantity in volatilization of the liquid pool at the regulated substance from a vessel or the largest vessel or pipeline vaporizes substance’s boiling point and under the process line failure that results in the to form a vapor cloud, followed by a conditions specified in § 68.25(d), greatest distance to an endpoint defined vapor cloud explosion. No provided the spilled liquid would be in § 68.22(a). consideration was given for liquids or contained by passive mitigation at a In the final rule promulgated on June substances liquefied by refrigeration, liquid depth greater than 1 cm. The 20, 1996, EPA established a framework primarily because EPA assumed that quantity of substance that becomes for the worst-case scenario analysis that passive mitigation or containment was vapor in the first 10 minutes is involved considers the physical state of the typically not used under flammable in the vapor cloud explosion. If passive substance and the way in which it is storage due to fire safety reasons. The mitigation is not present or is of such stored or handled (see 40 CFR 68.25): American Petroleum Institute (API) large capacity that the refrigerated (1) For toxic gases and gases liquefied argued that, in many cases, spilled liquid spill can spread out to a depth of by pressure, the worst-case release flammable liquids are, in fact contained, 1 cm, then the quantity of refrigerated

VerDate 06-MAY-99 17:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR3.XXX pfrm01 PsN: 26MYR3 28698 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations liquid is assumed to completely § 68.25 for flammables if adverse Rule, compliance with Federal Hazmat volatilize within 10 minutes and the comments are filed. This rule will be Law and HMR requirements may satisfy total quantity is involved in the vapor effective on June 21, 1999, without parallel requirements of part 68. This cloud explosion. further notice unless we receive adverse approach to implementation reflects the This modification allows stationary comment by June 16, 1999. If EPA coordination between the agencies that sources to account for volatilization of receives adverse comment, we will is called for under CAA section the liquid pool if flammables are publish a timely withdrawal in the 112(r)(7)(D). The exercise of concurrent liquefied by refrigeration; however, Federal Register informing the public jurisdiction preserves the applicability sources are not required to use this that the rule will not take effect. We will of the Federal Hazmat Law and HMR added assumption. Sources can still use address all public comments in a and does not supersede or limit DOT’s the quantity determined under subsequent final rule based on the jurisdiction. CAA section 310 provides § 68.25(b) as the quantity released. proposed rule. We will not institute a that the CAA shall not be construed as Sources that have already submitted second comment period on this action. superseding or limiting the authority or their RMP may choose to use this Any parties interested in commenting responsibilities of any Federal agency. revised approach, but are not required must do so at this time. Thus, neither CAA section 112(r)(11) to do so. Sources that choose to use this (which provides that section 112(r) does revised approach, must revise and re- III. Clarification of CAA Sections 112(l) and 112(r)(11) not preempt state regulations that are submit their RMP to EPA by June 21, more stringent than EPA’s) nor section 1999. Pursuant to the settlement agreement 112(l) (which allows EPA to delegate the EPA will not be modifying with CI, EPA is clarifying its accident prevention regulations to a TM RMP*Submit (the computer database interpretation of CAA sections 112(l) state if the state’s program is no less used to report the RMPs) as a result of and 112(r)(11), as they relate to DOT stringent than EPA’s) can be read to this rule at this time. Instead, stationary requirements under the Federal authorize a state to regulate in a manner sources reporting for flammables Hazardous Materials Transportation that would otherwise be preempted liquefied by refrigeration would need to Law, 49 U.S.C. 5101–5127. under the Federal Hazmat Law. A state In our amendments to 40 CFR part 68 calculate the total quantity of the gas that, for purposes of obtaining (63 FR 640, January 6, 1998) we dealt generated (taking the volatilization rate delegation under section 112(l), adopts with the issue of the relationship into account) from the pool in a 10- Part 68 or a program that is between part 68 and statutes minute period. This value would be substantively the same as Part 68 will administered by and regulations reported as ‘‘Quantity released’’ in not be considered by EPA to regulate in TM promulgated by the Department of section 4.4 of RMP*Submit . The a manner that would otherwise be Transportation (DOT), such as the passive mitigation (dikes, berms, etc.) preempted under the Federal Hazmat considered would be specified at Federal Hazardous Materials Law. ‘‘Other’’ in section 4.10. EPA also Transportation Law (‘‘Federal Hazmat suggests that stationary sources utilize Law’’) and the Hazardous Materials IV. Judicial Review the Executive Summary section of Regulations (‘‘HMR’’). We noted therein Under section 307(b)(1) of the Clean TM that: ‘‘EPA’s regulations do not RMP*Submit to explain how they Air Act (CAA), judicial review of this supersede or limit DOT’s authorities calculated the quantity released for the rule is available only by filing a petition and, therefore, are in compliance with refrigerated flammable substances. for review in the U.S. Court of Appeals Section 68.25(e) will be revised by CAA section 310.’’ for the District of Columbia Circuit adding (i) and (ii) and adding a new (f); The definition of stationary source within 60 days of this notice, unless existing (f), (g), and (h) will become (g), finalized in that rule generally provides EPA withdraws this rule as described (h), and (i). that containers that are in transportation EPA is publishing this rule without or storage incident to transportation are earlier in this notice. Under section prior proposal because we view this as not part of a stationary source or a 307(b)(2) of CAA, the requirements that consistent with the original rule as process at the stationary source. On the are the subject of today’s document may promulgated and as a noncontroversial other hand, the definition of stationary not be challenged later in civil or amendment. No adverse comment is source does provide that such criminal proceedings brought by EPA to anticipated. The sole regulatory change containers are part of a stationary source enforce these requirements. contemplated under the settlement under certain circumstances, most V. Administrative Requirements agreement represents a narrow technical notably when they are being loaded, amendment designed to make the unloaded or on site for storage not A. Docket treatment of flammables consistent with incidental to transportation. Because a The docket is an organized and that of toxics. This amendment merely transportation container may at times complete file of all the information adjusts the way in which releases of function as a storage container or a considered by the EPA in the these substances are modeled and does process at a stationary source, or may development of this rulemaking. The not alter the number of sources subject function as part of operations at a docket is a dynamic file, because it to RMP or the basic obligations under stationary source, EPA is specifically allows members of the public and the RMP. In light of the foregoing and directed by statute to address these industries involved to readily identify the need to promulgate the revision activities (CAA section 112(r)(7)(B)(i)) and locate documents so that they can prior to the rule’s June 21, 1999 (‘‘The regulations shall cover storage, as effectively participate in the rulmaking compliance date, the Agency believes a well as operations’’). To the extent that process. Along with the proposed and direct final rule is the most appropriate DOT is also authorized under the promulgated rules and their preambles, vehicle for implementation of the Federal Hazmat Law to regulate the contents of the docket serve as the settlement agreement. activities that are at a stationary source, record in the case of judicial review. In the ‘‘Proposed Rules’’ section of nothing in the CAA prohibits both (See section 307(d)(7)(A) of the CAA.) today’s Federal Register publication, we agencies from exercising concurrent The official record for this are publishing a separate document that jurisdiction over these activities. As rulemaking, as well as the public will serve as the proposal to revise EPA has said in the context of the RMP version, has been established for this

VerDate 06-MAY-99 20:15 May 25, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR3.XXX pfrm03 PsN: 26MYR3 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28699 rulemaking under Docket No. A–99–15, meaningful and timely input in the statement supporting the need to issue and is available for inspection from 8:00 development of regulatory proposals the regulation. In addition, Executive a.m. to 5:30 p.m., Monday through containing significant unfunded Order 13084 requires EPA to develop an Friday, excluding legal holidays. The mandates.’’ effective process permitting elected official rulemaking record is located at Today’s rule does not create a officials and other representatives of the address in ADDRESSES at the mandate on State, local or tribal Indian tribal governments ‘‘to provide beginning of this document. governments. This rule change does not meaningful and timely input in the impose any enforceable duties on these development of regulatory policies on B. Executive Order 12866 entities. Instead, it merely provides an matters that significantly or uniquely Under Executive Order 12866, (58 alternative approach for calculating the affect their communities.’’ Federal Register 51,735 (October 4, quantity released in the worst-case Today’s rule does not significantly or 1993)) the Agency must determine scenario. Stationary sources already uniquely affect the communities of whether the regulatory action is subject to the rule may use this Indian tribal governments. This rule ‘‘significant’’ and therefore subject to approach for conducting worst-case change merely provides an alternative OMB review and the requirements of release scenarios for flammable approach for calculating the quantity the Executive Order. substances in the same manner as toxic released in the worst-case scenario. The Order defines ‘‘significant substances. Accordingly, the Stationary sources already subject to the regulatory action’’ as one that is likely requirements of section 1(a) of rule may use this approach for to result in a rule that may: (1) Have an Executive Order 12875 do not apply to conducting worst-case release scenarios annual effect on the economy of $100 this rule. for flammable substances in the same million or more or adversely affect in a manner as toxic substances. D. Executive Order 13045 material way the economy, a sector of Accordingly, the requirements of the economy, productivity, competition, Executive Order 13045: ‘‘Protection of section 3(b) of Executive Order 13084 jobs, the environment, public health or Children from Environmental Health do not apply to this rule. safety, or State, local, or tribal Risks and Safety Risks’’ (62 FR 19885, governments or communities; (2) Create April 23, 1997) applies to any rule that: F. Regulatory Flexibility a serious inconsistency or otherwise (1) is determined to be ‘‘economically EPA has determined that it is not interfere with an action taken or significant’’ as defined under E.O. necessary to prepare a regulatory planned by another agency; (3) 12866, and (2) concerns an flexibility analysis in connection with Materially alter the budgetary impact of environmental health or safety risk that this direct final rule and that this rule entitlements, grants, user fees, or loan EPA has reason to believe may have a will not have a significant negative programs or the rights and obligations of disproportionate effect on children. If economic impact on small entities. This recipients thereof; or (4) Raise novel the regulatory action meets both criteria, rule change does not require any legal or policy issues arising out of legal the Agency must evaluate the stationary source to report additional mandates, the President’s priorities, or environmental health or safety effects of elements in the risk management plan. the principles set forth in the Executive the planned rule on children, and It merely provides an alternative Order.’’ explain why the planned regulation is approach for stationary sources already It has been determined that today’s preferable to other potentially effective subject to the rule to use for conducting action is not a ‘‘significant regulatory and reasonably feasible alternatives worst-case release scenarios for action’’ under the terms of E.O. 12866 considered by the Agency. flammable substances. and is, therefore, not subject to OMB This action is not subject to the E.O. G. Paperwork Reduction review. 13045 because it is not ‘‘economically significant’’ as defined in E.O. 12866, The Office of Management and Budget C. Executive Order 12875 and because it does not involve (OMB) has approved the information Under Executive Order 12875, EPA decisions based on environmental collection requirements contained in may not issue a regulation that is not health or safety risks. this rule under the provisions of the required by statute and that creates a Paperwork Reduction Act, 44 U.S.C. mandate upon a State, local or tribal E. Executive Order 13084 3501 et seq. and has assigned OMB government, unless the Federal Under Executive Order 13084, EPA control number 2050–0144. government provides the funds may not issue a regulation that is not This rule does not include any new necessary to pay the direct compliance required by statute, that significantly or information collection requirements for costs incurred by those governments, or uniquely affects the communities of OMB review under the provisions of the EPA consults with those governments. Indian tribal governments, and that Paperwork Reduction Act. This revision If EPA complies by consulting, imposes substantial direct compliance of the rule does not impose any new Executive Order 12875 requires EPA to costs on those communities, unless the reporting, recordkeeping, or third party provide to the Office of Management Federal government provides the funds reporting requirements on stationary and Budget a description of the extent necessary to pay the direct compliance sources, it merely provides an of EPA’s prior consultation with costs incurred by the tribal alternative approach for sources to representatives of affected State, local governments, or EPA consults with calculate the quantity released in the and tribal governments, the nature of those governments. worst-case scenario for flammables. The their concerns, any written If EPA complies by consulting, Office of Management and Budget communications from the governments, Executive Order 13084 requires EPA to (OMB) has approved the information and a statement supporting the need to provide to the Office of Management collection requirements contained in issue the regulation. and Budget, in a separately identified this rule under the provisions of the In addition, Executive Order 12875 section of the preamble to the rule, a Paperwork Reduction Act, 44 U.S.C. requires EPA to develop an effective description of the extent of EPA’s prior 3501 et seq. and has assigned OMB process permitting elected officials and consultation with representatives of control number 2050–0144. other representatives of State, local and affected tribal governments, a summary Burden means the total time, effort, or tribal governments ‘‘to provide of the nature of their concerns, and a financial resources expended by persons

VerDate 06-MAY-99 17:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR3.XXX pfrm01 PsN: 26MYR3 28700 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations to generate, maintain, retain, or disclose under section 203 of the UMRA a small Fairness Act of 1996, generally provides or provide information to or for a government agency plan. The plan must that before a rule may take effect, the Federal agency. This includes the time provide for notifying potentially agency promulgating the rule must needed to review instructions; develop, affected small governments, enabling submit a rule report, which includes a acquire, install, and utilize technology officials of affected small governments copy of the rule, to each House of the and systems for the purposes of to have meaningful and timely input in Congress and to the Comptroller General collecting, validating, and verifying the development of EPA regulatory of the United States. EPA will submit a information, processing and proposals with significant Federal report containing this rule and other maintaining information, and disclosing intergovernmental mandates, and required information to the U.S. Senate, and providing information; adjust the informing, educating, and advising the U.S. House of Representatives, and existing ways to comply with any small governments on compliance with the Comptroller General of the United previously applicable instructions and the regulatory requirements. States prior to publication of the rule in requirements; train personnel to be able EPA has determined that this rule the Federal Register. This action is not to respond to a collection of does not contain a Federal mandate that a ‘‘major rule’’ as defined by 5 U.S.C. information; search data sources; may result in expenditures of $100 804(2). This rule will be effective on complete and review the collection of million or more for state, local, and June 21, 1999. information; and transmit or otherwise tribal governments, in the aggregate, or disclose the information. the private sector in any one year. List of Subjects in 40 CFR Part 68 An Agency may not conduct or Today’s action is not subject to the Environmental protection, Chemicals, sponsor, and a person is not required to requirements of sections 202 and 205 of Chemical accident prevention. respond to a collection of information the Unfunded Mandates Act. Dated: May 17, 1999. unless it displays a currently valid OMB Today’s rule contains no Federal Carol M. Browner, control number. The OMB control mandates (under the regulatory numbers for EPA’s regulations are listed provisions of Title II of the UMRA) for Administrator. in 40 CFR part 9 and 48 CFR Chapter state, local, or tribal governments or the For the reasons set out in the 15. EPA is amending the table in 40 CFR private sector. This rule change does not preamble, title 40, chapter I, subchapter part 9 of currently approved ICR control require any stationary sources to report C, part 68 of the Code of Federal numbers issued by OMB for various additional elements in the risk Regulations is amended to read as regulations to list the information management plan. It merely provides an follows: requirements contained in this final alternative approach for stationary rule. sources already subject to the rule to use PART 68ÐCHEMICAL ACCIDENT PREVENTION PROVISIONS H. Unfunded Mandates Reform Act for conducting worst-case release scenarios for flammable substances. Title II of the Unfunded Mandates 1. The authority citation for Part 68 In addition, for the same reasons, EPA continues to read as follows: Reform Act of 1995 (UMRA), Public has determined that this rule contains Law 104–4, establishes requirements for no regulatory requirements that might Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661–7661f. Federal agencies to assess the effects of significantly or uniquely affect small their regulatory actions on State, local, governments. and tribal governments and the private Subpart BÐHazard Assessment sector. Under section 202 of the UMRA, I. National Technology Transfer and 2. Section 68.25 is amended by EPA generally must prepare a written Advancement Act redesignating paragraphs (f), (g), and (h) statement, including a cost-benefit Section 12(d) of the National as (g), (h), and (i), and by revising analysis, for proposed and final rules Technology Transfer and Advancement paragraph (e) and adding a new with ‘‘Federal mandates’’ that may Act of 1995 (‘‘NTTAA’’), Public Law paragraph (f) to read as follows: result in expenditures to State, local, 104–113, section 12(d) (15 U.S.C. 272 and tribal governments, in the aggregate, note), directs EPA to use voluntary § 68.25 Worst-case release scenario or to the private sector, of $100 million consensus standards in its regulatory analysis. or more in any one year. Before activities unless to do so would be * * * * * promulgating an EPA rule for which a inconsistent with applicable law or (e) Worst-case release scenario— written statement is needed, section 205 otherwise impractical. Voluntary flammable gases. The owner or operator of the UMRA generally requires EPA to consensus standards are technical shall assume that the quantity of the identify and consider a reasonable standards (e.g., materials specifications, substance, as determined under number of regulatory alternatives and test methods, sampling procedures, paragraph (b) of this section and the adopt the least costly, most cost- business practices) that are developed or provisions below, vaporizes resulting in effective or least burdensome alternative adopted by voluntary consensus a vapor cloud explosion. A yield factor that achieves the objectives of the rule. standards bodies. The NTTAA requires of 10 percent of the available energy The provisions of section 205 do not EPA to provide Congress, through OMB, released in the explosion shall be used apply when they are inconsistent with explanations when the Agency decides to determine the distance to the applicable law. Moreover, section 205 not to use available and applicable explosion endpoint if the model used is allows EPA to adopt an alternative other voluntary consensus standards. based on TNT equivalent methods. than the least costly, most cost-effective This action does not involve technical (1) For regulated flammable or least burdensome alternative if the standards. Therefore, EPA did not substances that are normally gases at Administrator publishes with the final consider the use of any voluntary ambient temperature and handled as a rule an explanation why that alternative consensus standards. gas or as a liquid under pressure, the was not adopted. Before EPA establishes owner or operator shall assume that the any regulatory requirements that may J. Congressional Review Act quantity in the vessel or pipe, as significantly or uniquely affect small The Congressional Review Act, 5 determined under paragraph (b) of this governments, including tribal U.S.C. 801 et. seq., as added by the section, is released as a gas over 10 governments, it must have developed Small Business Regulatory Enforcement minutes. The total quantity shall be

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ENVIRONMENTAL PROTECTION appropriate docket number (Docket No. of the substance, as determined under AGENCY A–99–15) and must be submitted to EPA paragraph (b) of § 68.25, vaporizes, Air Docket, Waterside Mall, Room resulting in a vapor cloud explosion. 40 CFR Part 68 M1500, 401 M Street, SW, Washington, This approach applies to all listed [FRL±6348±1] D.C., 20460, telephone 202–260–7548. flammable substances regardless of Public Hearing. Persons interested in whether the flammable substance is Accidental Release Prevention presenting oral testimony or inquiring normally a liquid or liquefied by Requirements: Risk Management as to whether a hearing is to be held refrigeration. In litigation filed by the Programs Under Clean Air Act Section should notify the person(s) listed in FOR American Petroleum Institute (API), API 112(r)(7); Amendments to the Worst- FURTHER INFORMATION CONTACT section. suggested that flammable liquids and Case Release Scenario Analysis for Docket. Docket No. A–99–15, those liquified by refrigeration should Flammable Substances containing supporting information used be treated, for modeling purposes, in the to develop the proposal, is available for same manner as for toxic liquids or AGENCY: Environmental Protection public inspection and copying from 8:00 those liquified by refrigeration, as stated Agency (EPA). a.m. to 5:30 p.m., Monday through in § 68.25 (c) and (d). EPA agreed that ACTION: Proposed rule. Friday, excluding Federal holidays at flammable liquids (including those SUMMARY: EPA is planning to amend the EPA’s Air Docket at the above address. liquified by refrigeration) could be Chemical Accident Prevention FOR FURTHER INFORMATION CONTACT: Sicy appropriately treated in that manner. Provisions, codified in 40 CFR part 68. Jacob or John Ferris, Chemical EPA is thus proposing these changes to The revisions concern the worst-case Emergency Preparedness and § 68.25. release scenario analysis for regulated Prevention Office, Environmental The proposed revisions would allow flammable substances, 40 CFR 68.25. Protection Agency (5104), 401 M Street stationary sources to model releases of These revisions would allow the SW, Washington, D.C., 20460, (202) flammable substances in the same regulated community to treat regulated 260–7249 or (202) 260–4043, manner as toxics. EPA is seeking flammable substances in the same respectively; or the Emergency Planning comment on these proposed revisions. manner as regulated toxic substances for and Community Right-to-Know Hotline EPA considers these revisions to be determining the quantity released when at 800–424–9346 (in the Washington, noncontroversial and anticipates no conducting a worst-case release DC metropolitan area, (703) 412–9810). adverse comments. If EPA timely scenario. You may wish to visit the Chemical receives significant, adverse comments, Elsewhere in the Final Rule section of Emergency Preparedness and EPA will publish a document in the today’s Federal Register, EPA is issuing Prevention Office (CEPPO) Internet site, Federal Register withdrawing the direct these revisions as a direct final rule. at www.epa.gov/ceppo. final rule. In that event, all public EPA views this as a noncontroversial SUPPLEMENTARY INFORMATION: In this comments received will be treated as revision and anticipates no adverse document, EPA is proposing comments on this proposed rule and comment. A detailed rationale for this amendments to the regulations in 40 will be addressed in a subsequent final revision is in the preamble to the direct CFR part 68 for the accident prevention rulemaking document. EPA will not final rule. If no relevant adverse provisions under Clean Air Act section institute a second comment period on comments are received in response to 112 (r), specifically, § 68.25(e), worst- this document. Any parties interested in this proposed rule, no further action is case scenario analysis for flammables. commenting on these revisions should needed on this notice. If EPA receives The rule revisions are presented and do so at this time. relevant adverse comments, EPA will discussed in detail in a direct final rule I. Administrative Requirements withdraw the direct final rule and it will published in the Final Rules section of not take effect. EPA will address public this Federal Register. A. Docket comments in a subsequent final rule The chemical accident prevention based on this proposed rule. EPA will provisions, also known as the risk The docket is an organized and not institute a second comment period management program regulations complete file of all the information on this action. Any parties interested in (‘‘RMP rule’’) were promulgated on June considered by the EPA in the commenting must do so at this time. 20, 1996 (61 FR 31668). Stationary development of this rulemaking. The This action implements a settlement sources subject to the RMP rule are docket is a dynamic file, because it agreement between EPA and the required to submit a risk management allows members of the public and American Petroleum Institute. plan on their hazard assessment industries involved to readily identify As a result of a settlement agreement including off-site consequences, and locate documents so that they can with the Chlorine Institute, EPA is accident history, the prevention effectively participate in the rulemaking clarifying its interpretation of Clean Air program and the emergency response process. Along with the proposed and Act sections 112(l) and 112(r)(11), as program, to EPA by June 21, 1999. promulgated rules and their preambles, they relate to Department of Among other requirements, the RMP the contents of the docket serve as the Transportation requirements under the rule requires covered stationary sources record in the case of judicial review. Federal Hazardous Materials to analyze at least one worst-case release (See section 307(d)(7)(A) of the CAA.) Transportation Law. scenario for regulated flammables and at The official record for this DATES: Comments. Comments on the least one for regulated toxic substances rulemaking, as well as the public regulations proposed by this action that are present in a process at the version, has been established for this must be received by June 16, 1999, stationary source above the threshold rulemaking under Docket No. A–99–15, unless a hearing is requested by June 1, quantity. and is available for inspection from 8:00 1999. If a hearing is requested, written In the final rule issued on June 20, a.m. to 5:30 p.m., Monday through comments must be received by July 1, 1996, § 68.25(e) states that when Friday, excluding legal holidays. The 1999. conducting a worst-case scenario official rulemaking record is located at ADDRESSES: Comments. All written analysis for flammables, the owner or the address in ADDRESSES at the comments must be identified with the operator shall assume that the quantity beginning of this document.

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B. Executive Order 12866 impose any enforceable duties on these development of regulatory policies on Under Executive Order 12866, (58 entities. Instead, it merely provides an matters that significantly or uniquely Federal Register 51,735 (October 4, alternative approach for calculating the affect their communities.’’ Today’s rule does not significantly or 1993)) the Agency must determine quantity released in the worst-case uniquely affect the communities of whether the regulatory action is scenario. Stationary sources already Indian tribal governments. This rule ‘‘significant’’ and therefore subject to subject to the rule may use this change merely provides an alternative OMB review and the requirements of approach for conducting worst-case release scenarios for flammable approach for calculating the quantity the Executive Order. released in the worst-case scenario. The Order defines ‘‘significant substances in the same manner as toxic substances. Accordingly, the Stationary sources already subject to the regulatory action’’ as one that is likely requirements of section 1(a) of rule may use this approach for to result in a rule that may: (1) Have an Executive Order 12875 do not apply to conducting worst-case release scenarios annual effect on the economy of $100 this rule. for flammable substances in the same million or more or adversely affect in a manner as toxic substances. material way the economy, a sector of D. Executive Order 13045 Accordingly, the requirements of the economy, productivity, competition, Executive Order 13045: ‘‘Protection of section 3(b) of Executive Order 13084 jobs, the environment, public health or Children from Environmental Health do not apply to this rule. safety, or State, local, or tribal Risks and Safety Risks’’ (62 FR 19885, governments or communities; (2) Create April 23, 1997) applies to any rule that: F. Regulatory Flexibility a serious inconsistency or otherwise (1) is determined to be ‘‘economically EPA has determined that it is not interfere with an action taken or significant’’ as defined under E.O. necessary to prepare a regulatory planned by another agency; (3) 12866, and (2) concerns an flexibility analysis in connection with Materially alter the budgetary impact of environmental health or safety risk that this proposed rule and that this rule will entitlements, grants, user fees, or loan EPA has reason to believe may have a not have a significant negative economic programs or the rights and obligations of disproportionate effect on children. If impact on small entities. This rule recipients thereof; or (4) Raise novel the regulatory action meets both criteria, change does not require any stationary legal or policy issues arising out of legal the Agency must evaluate the source to report additional elements in mandates, the President’s priorities, or environmental health or safety effects of the risk management plan. It merely the principles set forth in the Executive the planned rule on children, and provides an alternative approach for Order.’’ explain why the planned regulation is stationary sources already subject to the It has been determined that today’s preferable to other potentially effective rule to use for conducting worst-case action is not a ‘‘significant regulatory and reasonably feasible alternatives release scenarios for flammable action’’ under the terms of E.O. 12866 considered by the Agency. substances. Therefore, I certify that this and is, therefore, not subject to OMB This action is not subject to the E.O. action will not have a significant review. 13045 because it is not ‘‘economically economic impact on a substantial C. Executive Order 12875 significant’’ as defined in E.O. 12866, number of small entities. and because it does not involve Under Executive Order 12875, EPA decisions based on environmental G. Paperwork Reduction may not issue a regulation that is not health or safety risks. The Office of Management and Budget required by statute and that creates a (OMB) has approved the information mandate upon a State, local or tribal E. Executive Order 13084 collection requirements contained in government, unless the Federal Under Executive Order 13084, EPA this rule under the provisions of the government provides the funds may not issue a regulation that is not Paperwork Reduction Act, 44 U.S.C. necessary to pay the direct compliance required by statute, that significantly or 3501 et seq. and has assigned OMB costs incurred by those governments, or uniquely affects the communities of control number 2050–0144. EPA consults with those governments. Indian tribal governments, and that This rule does not include any new If EPA complies by consulting, imposes substantial direct compliance information collection, requirements for Executive Order 12875 requires EPA to costs on those communities, unless the OMB review under the provisions of the provide to the Office of Management Federal government provides the funds Paperwork Reduction Act. This revision and Budget a description of the extent necessary to pay the direct compliance of the rule does not impose any new of EPA’s prior consultation with costs incurred by the tribal reporting, recordkeeping, or third party representatives of affected State, local governments, or EPA consults with reporting requirements on stationary and tribal governments, the nature of those governments. sources, it merely provides an their concerns, any written If EPA complies by consulting, alternative approach for sources to communications from the governments, Executive Order 13084 requires EPA to calculate the quantity released in the and a statement supporting the need to provide to the Office of Management worst-case scenario for flammables. The issue the regulation. and Budget, in a separately identified Office of Management and Budget In addition, Executive Order 12875 section of the preamble to the rule, a (OMB) has approved the information requires EPA to develop an effective description of the extent of EPA’s prior collection requirements contained in process permitting elected officials and consultation with representatives of this rule under the provisions of the other representatives of State, local and affected tribal governments, a summary Paperwork Reduction Act, 44 U.S.C. tribal governments ‘‘to provide of the nature of their concerns, and a 3501 et seq. and has assigned OMB meaningful and timely input in the statement supporting the need to issue control number 2050–0144. development of regulatory proposals the regulation. In addition, Executive Burden means the total time, effort, or containing significant unfunded Order 13084 requires EPA to develop an financial resources expended by persons mandates.’’ effective process permitting elected to generate, maintain, retain, or disclose Today’s rule does not create a officials and other representatives of or provide information to or for a mandate on State, local or tribal Indian tribal governments ‘‘to provide Federal agency. This includes the time governments. This rule change does not meaningful and timely input in the needed to review instructions; develop,

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It merely provides an and systems for the purposes of number of regulatory alternatives and alternative approach for stationary collecting, validating, and verifying adopt the least costly, most cost- sources already subject to the rule to use information, processing and effective or least burdensome alternative for conducting worst-case release maintaining information, and disclosing that achieves the objectives of the rule. scenarios for flammable substances. and providing information; adjust the The provisions of section 205 do not In addition, for the same reasons, EPA existing ways to comply with any apply when they are inconsistent with has determined that this rule contains previously applicable instructions and applicable law. Moreover, section 205 no regulatory requirements that might requirements; train personnel to be able allows EPA to adopt an alternative other significantly or uniquely affect small to respond to a collection of than the least costly, most cost-effective governments. information; search data sources; or least burdensome alternative if the complete and review the collection of Administrator publishes with the final I. National Technology Transfer and information; and transmit or otherwise rule an explanation why that alternative Advancement Act disclose the information. was not adopted. Before EPA establishes Section 12(d) of the National An Agency may not conduct or any regulatory requirements that may Technology Transfer and Advancement sponsor, and a person is not required to significantly or uniquely affect small Act of 1995 (‘‘NTTAA’’), Public Law respond to a collection of information governments, including tribal 104–113, section 12(d) (15 U.S.C. 272 unless it displays a currently valid OMB governments, it must have developed note), directs EPA to use voluntary control number. The OMB control under section 203 of the UMRA a small consensus standards in its regulatory numbers for EPA’s regulations are listed government agency plan. The plan must in 40 CFR part 9 and 48 CFR Chapter activities unless to do so would be provide for notifying potentially inconsistent with applicable law or 15. EPA is amending the table in 40 CFR affected small governments, enabling part 9 of currently approved ICR control otherwise impractical. Voluntary officials of affected small governments consensus standards are technical numbers issued by OMB for various to have meaningful and timely input in regulations to list the information standards (e.g., materials specifications, the development of EPA regulatory test methods, sampling procedures, requirements contained in this final proposals with significant Federal rule. business practices) that are developed or intergovernmental mandates, and adopted by voluntary consensus H. Unfunded Mandates Reform Act informing, educating, and advising standards bodies. The NTTAA requires small governments on compliance with Title II of the Unfunded Mandates EPA to provide Congress, through OMB, the regulatory requirements. Reform Act of 1995 (UMRA), Public explanations when the Agency decides Law 104–4, establishes requirements for EPA has determined that this rule not to use available and applicable Federal agencies to assess the effects of does not contain a Federal mandate that voluntary consensus standards. their regulatory actions on State, local, may result in expenditures of $100 This action does not involve technical and tribal governments and the private million or more for state, local, and standards. Therefore, EPA did not sector. Under section 202 of the UMRA, tribal governments, in the aggregate, or consider the use of any voluntary EPA generally must prepare a written the private sector in any one year. consensus standards. statement, including a cost-benefit Today’s action is not subject to the analysis, for proposed and final rules requirements of sections 202 and 205 of List of Subjects in 40 CFR Part 68 with ‘‘Federal mandates’’ that may the Unfunded Mandates Act. Environmental protection, Chemicals, result in expenditures to State, local, Today’s rule contains no Federal Chemical accident prevention. and tribal governments, in the aggregate, mandates (under the regulatory or to the private sector, of $100 million provisions of Title II of the UMRA) for Dated: May 17, 1999. or more in any one year. Before state, local, or tribal governments or the Carol M. Browner, promulgating an EPA rule for which a private sector. This rule change does not Administrator. written statement is needed, section 205 require any stationary sources to report [FR Doc. 99–12937 Filed 5–24–99; 10:57 am] of the UMRA generally requires EPA to additional elements in the risk BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION EPA would take would be to propose to notice, the Agency will receive written AGENCY amend its RMP regulations as they comments relating to the settlement relate to the worst case release scenario from persons who were not named as [FRL±6347±9] for flammable substances that are parties to the litigation in question. The Proposed Settlement; Clean Air Act normally gases at ambient temperature, Agency or the Department of Justice 112(r) Accidental Release Prevention but are handled as liquids due to may withhold or withdraw consent to Requirements: Risk Management refrigeration. Under the proposed the proposed settlement if the Programs Litigation amendment, when calculating the comments disclose facts or amount of such a substance, sources circumstances that indicate that such AGENCY: Environmental Protection may assume and take into account any consent is inappropriate, improper, Agency (EPA). pooling of the liquefied substance into inadequate, or inconsistent with the ACTION: Notice of proposed settlement; a ‘‘passive mitigation’’ system, where requirements of the Act. Copies of the request for public comment. such pooling would occur at a depth proposed settlement agreement, which greater than one centimeter. This change include relevant attachments, are SUMMARY: In accordance with section would make the treatment of available from Samantha Hooks, Air 113(g) of the Clean Air Act, as amended refrigerated flammables consistent with And Radiation Law Office (2344), Office (‘‘Act’’ or ‘‘CAA’’), 42 U.S.C. 7413(g), the treatment of other liquefied of General Counsel, U.S. Environmental notice is hereby given of a proposed substances under the rule. EPA would Protection Agency, 401 M Street, SW., settlement in The Chlorine Institute v. also publish language clarifying its Washington, DC 20460, (202) 260–3804. EPA, No. 96–1279 (D.D. Cir.) and understanding of CAA Sections 112(1) Written comments should be sent to consolidated cases (Nos. 96–1284, 96– and 112(r)(11) as they relate to Nancy Ketcham-Colwill, (MC 2344), Air 1288, 96–1289 & 96–1290). These cases Department of Transportation and Radiation Law Office, Office of involve challenges to EPA’s rule entitled requirements under the Hazardous General Counsel, U.S. Environmental ‘‘Accidental Release Prevention Materials Transportation Act. Finally, Protection Agency, 401 M Street, SW., Requirements: Risk Management EPA would also issue clarifying Washington, DC 20460 and must be Programs Under Clean Air Act guidance on a number of issues raised submitted on or before June 16, 1999. § 112(r)(7),’’ issued on June 20, 1996 at by various parties. These issues are Dated: May 17, 1999. 61 FR 31668 (June 20, 1996). discussed in greater detail in the Lisa K. Friedman, Under the proposed settlement, the proposed settlement agreement and its Environmental Protection Agency attachments. Acting General Counsel. (‘‘Agency’’ or ‘‘EPA’’) would take a For a period of thirty (30) days [FR Doc. 99–12938 Filed 5–24–99; 10:57 am] number of actions. The major action following the date of publication of this BILLING CODE 6560±50±M

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Federal Register Presidential Documents Vol. 64, No. 101

Wednesday, May 26, 1999

Title 3— Proclamation 7199 of May 21, 1999

The President National Maritime Day, 1999

By the President of the United States of America

A Proclamation The history of the United States has always been linked to the sea. For more than 2 centuries, American ships and crews have made enormous contributions to the strength of our economy, the security of our shores, and the success of our efforts to create a more peaceful, prosperous world. Today’s U.S. Merchant Marine is building on that rich maritime heritage. Our commercial ships and marine infrastructure—and the dedicated men and women who are part of our maritime industry and U.S. Merchant Marine—continue to meet the challenges and opportunities of a rapidly changing marketplace and the expanding globalization of trade. Our merchant fleet is a key component of our Nation’s intermodal transportation system, carrying more than one billion tons of cargo between domestic ports and supporting our connection to overseas markets. The fleet helps facilitate our engagement in world affairs and helps protect U.S. national security interests. Recognizing that a strong America requires a strong merchant marine, my Administration has worked closely with the Congress to promote the develop- ment and maintenance of a modern, efficient, well-balanced merchant fleet, capable of facilitating international commerce and meeting the military needs of our Armed Forces during times of conflict or national emergency. Through the Maritime Security Program and the Voluntary Intermodal Sealift Agree- ment, which implement the Maritime Security Act of 1996, we have forged new public-private partnerships to ensure that our country will maintain a modern commercial fleet owned and operated by U.S. citizens and crewed by well-trained, highly skilled American sailors. We have strengthened U.S. shipyards through the National Shipbuilding Initiative. We also have helped keep our shipbuilding industry competitive in the global marketplace by providing financing guarantees, granting tax deferrals, and making it easier to operate ships under the U.S. flag. The United States Merchant Marine has served our Nation boldly and well through challenge and change. As we enter a new century, we must reaffirm our commitment to this proud legacy. We must maintain the strength and vitality of our merchant fleet and the skills and training of the men and women who have made America a great maritime Nation. By doing so, we will ensure that U.S.-flag vessels continue to sail the world’s oceans, preserving our leadership of the global economy, strengthening our pros- perity, and defending our freedom for generations to come. In recognition of the importance of the U.S. Merchant Marine, the Congress, by a joint resolution approved May 20, 1933, has designated May 22 of each year as ‘‘National Maritime Day’’ and has authorized and requested the President to issue annually a proclamation calling for its appropriate observance. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim May 22, 1999, as National Maritime Day. I urge all Americans to observe this day with appropriate programs, cere- monies, and activities and by displaying the flag of the United States in

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their homes and in their communities. I also request that all merchant ships sailing under the American flag dress ship on that day. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of May, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-third. œ–

[FR Doc. 99–13594 Filed 5–25–99; 9:04 am] Billing code 3195–01–P

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Proclamation 7200 of May 22, 1999

Small Business Week, 1999

By the President of the United States of America

A Proclamation From the Industrial Revolution to the Information Age, small businesses have powered the American economy and created much of our prosperity. Generations of entrepreneurs have found in small businesses an outlet for their creativity, the source of their livelihood, and a chance to share in the American Dream. Millions of American consumers have found in small businesses the innovative products and vital services they need to improve the quality of their lives. Today, America’s 24 million small businesses employ more than half our country’s work force and generate more than $16 trillion in revenue—more than 50 percent of our gross domestic product. Small firms are also a true avenue of opportunity for women and minorities, for older and younger workers, and for part-time employees and those formerly on public assistance. They provide 67 percent of working Americans with their first job and their initial on-the-job training in basic work skills. My Administration is deeply committed to creating an environment in which small businesses can thrive. Through programs administered by the Small Business Administration (SBA)—such as the business loan guarantee pro- gram, the economic development loan program, the microloan program, the small business investment company program, and the disaster loan and surety bond programs—we have given small business owners access to finan- cial assistance. Last year alone, the SBA guaranteed almost $11 billion in loans to small businesses, provided technical and management assistance to almost a million people, and helped entrepreneurs compete for more than $33 billion in Federal contracts. Through tax relief and regulatory streamlining and by opening overseas markets and providing export assist- ance, we are helping America’s small businesses compete successfully in the global marketplace. The men and women who own and manage America’s small businesses have made enormous contributions to the technological innovations, job growth, and prosperity we enjoy today. But those contributions cannot be measured in dollars and cents alone; entrepreneurs give back to their commu- nities in myriad ways, making them better places in which to live and work. During Small Business Week, we have a special opportunity—and obligation—to acknowledge the achievements of small business men and women and to express our appreciation for the vision, energy, and effort they bring to their enterprises. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 23 through May 29, 1999, as Small Business Week. I call upon Government officials and all the people of the United States to observe this week with appropriate ceremonies, activities, and programs that celebrate the achievements of small business owners and encourage the development of new enterprises. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of May, in the year of our Lord nineteen hundred and ninety-nine,

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and of the Independence of the United States of America the two hundred and twenty-third. œ–

[FR Doc. 99–13595 Filed 5–25–99; 9:04 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 64, No. 101 Wednesday, May 26, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR Proposed Rules: 29...... 25462 Presidential Documents Proclamations: 400...... 25464 Executive orders and proclamations 523±5227 7189...... 24275 1079...... 25851 7190...... 24277 The United States Government Manual 523±5227 1412...... 24091 7191...... 24279 7192...... 24281 8 CFR Other Services 7193...... 25189 3...... 25756 Electronic and on-line services (voice) 523±4534 7194...... 25191 103...... 27856 Privacy Act Compilation 523±3187 7195...... 25797 207...... 27660 Public Laws Update Service (numbers, dates, etc.) 523±6641 7196...... 27437 208...... 27856 TTY for the deaf-and-hard-of-hearing 523±5229 7197...... 27439 212...... 25756 7198...... 28083 240...... 25756, 27856 7199...... 28709 ELECTRONIC RESEARCH 245...... 25756 7200...... 28711 246a...... 27856 World Wide Web Executive Orders: 274a...... 25756, 27856 13047 (See Notice of 299...... 25756, 27856 Full text of the daily Federal Register, CFR and other May 18, 1999)...... 27443 publications: Proposed Rules: 13088 (Amended by 103...... 26698 http://www.access.gpo.gov/nara EO 13121)...... 24021 212...... 28676 Federal Register information and research tools, including Public 13121...... 24021 237...... 28676 Inspection List, indexes, and links to GPO Access: July 2, 1910 (Revoked in part by PLO 9 CFR http://www.nara.gov/fedreg 7388) ...... 23856 318...... 27901 E-mail Administration Orders: 319...... 27901 416...... 28351 PENS (Public Law Electronic Notification Service) is an E-mail Presidential Determinations: 417...... 28351 service that delivers information about recently enacted Public No. 99±22 of April 29, Laws. To subscribe, send E-mail to 1999 ...... 24501 Proposed Rules: No. 99±23 of May 18, Ch. I ...... 23795 [email protected] 1999 ...... 28085 3...... 26330 with the text message: No. 99±24 of May 18, 70...... 27210 subscribe publaws-l 1999 ...... 28087 88...... 27210 Notice of May 18, 94...... 27711 Use [email protected] only to subscribe or unsubscribe to 1999 ...... 27443 317...... 26892 PENS. We cannot respond to specific inquiries at that address. 318...... 26892 5 CFR Reference questions. Send questions and comments about the 319...... 26892 Federal Register system to: 330...... 24503 381...... 26892 351...... 23531 [email protected] 532...... 23531 10 CFR The Federal Register staff cannot interpret specific documents or 950...... 27169 9...... 24936, 27041 regulations. 1201...... 27899 50...... 23763 2604...... 28089 490...... 26822, 27169 FEDERAL REGISTER PAGES AND DATES, MAY Proposed Rules: Proposed Rules: 2634...... 25849 1...... 24531 23531±23748...... 3 2...... 24092, 24531 23749±24020...... 4 7 CFR 7...... 24531 24021±24282...... 5 301...... 23749, 27657 9...... 24531 24283±24500...... 6 354...... 25799 19...... 24092 24501±24930...... 7 457...... 24931 20...... 24092 24931±25188...... 10 915...... 26271 21...... 24092 25189±25418...... 11 929...... 24023 30...... 24092 25419±25796...... 12 979...... 23754 32...... 23796 25797±26270...... 13 989...... 25419 40...... 24092 993...... 23759 50...... 24531 26271±26652...... 14 1079...... 25193 51...... 24092, 24531 26653±26830...... 17 1307...... 23532 52...... 24531, 27626 26831±27168...... 18 1308...... 23532 60...... 24092, 24531 27169±27444...... 19 1430...... 24933 61...... 24092 27445±27656...... 20 1703...... 25422 62...... 24531 27657±27898...... 21 1940...... 24476 63...... 24092, 27935 27899±28088...... 24 1944...... 24476 72...... 24531 28089±28332...... 25 1980...... 28333 75...... 24531 28333±28712...... 26 3575...... 28333 76...... 24531

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100...... 24531 17 CFR 529...... 26657 30 CFR 110...... 24531 1...... 24038 556...... 26670, 26671 208...... 26240 558 ...... 23539, 26671, 26844 11 CFR 17...... 24038 241...... 26240 18...... 24038 601...... 26657 242...... 26240 Proposed Rules: 150...... 24038 640...... 26282 243...... 26240 100...... 27478 230...... 27888 700...... 27666 250...... 26240 740...... 27666 12 CFR 232...... 27888, 27895 290...... 26240 239...... 27888 800...... 26657 914...... 28362 611...... 25423 240...... 25144, 27888 801...... 26657 943...... 23540 620...... 25423 249...... 25144 807...... 26657 946...... 23542 960...... 24025 270...... 24488, 27888 809...... 26657 948...... 26288 Proposed Rules: 274...... 27888 812...... 26657 Ch. I ...... 25469 Proposed Rules: Proposed Rules: 860...... 26657 702...... 27090 701...... 23811 240...... 25153 Proposed Rules: 724...... 23811 741...... 28415 249...... 25153 179...... 27935 747...... 27090 773...... 23811 270...... 24489 207...... 26330 774...... 23811 13 CFR 607...... 26330 778...... 23811 18 CFR 640...... 26344 120...... 26273 842...... 23811 2...... 26572 807...... 26330 843...... 23811 121...... 26275 153...... 26572 884...... 24967 124...... 27445 846...... 23811 157...... 26572 1020...... 23811 914...... 27484 Proposed Rules: 284...... 26572 1308...... 24094, 25407 121...... 23798 375...... 26572 31 CFR 22 CFR 14 CFR 380...... 26572 205...... 24242 385...... 26572 171...... 25430 25 ...... 25800, 27175, 27445 515...... 25808 Proposed Rules: 27...... 27447 24 CFR Proposed Rules: 2...... 27717 1...... 24454 39 ...... 23763, 23766, 24028, 153...... 27717 5...... 25726 24029, 24031, 24033, 24034, 157...... 27717 248...... 26632 32 CFR 24505, 24507, 25194, 25197, 380...... 27717 791...... 26632 25198, 25200, 25424, 25426, 290...... 25407 792...... 26632 311...... 27693 25802, 25804, 26653, 26831, 21 CFR 982...... 26632 26833, 26835, 26837, 26839, 706 ...... 25433, 25434, 25435, 2...... 26657 Proposed Rules: 27661, 27854, 27905, 27911, 25436, 25437, 25820 3...... 26657 Ch. IX ...... 24546, 26923 28353, 28355, 28357 1903...... 27041 5...... 26657 761...... 25736 71 ...... 23538, 23903, 24035, 10...... 26657 888...... 24866, 27623 33 CFR 24036, 24510, 24513, 25806, 12...... 26657 20...... 28054 26656, 27913, 27914, 28091, 16...... 26657 25 CFR 46...... 28054 28092, 28093, 28094, 28095, 20...... 26657 Proposed Rules: 100 ...... 27694, 28098, 28100 28096 25...... 26657 20...... 24296 117 ...... 23545, 24944, 25438, 73...... 23768 50...... 26657 26295, 27179, 27694, 28101 97 ...... 24283, 24284, 27663, 54...... 26657 26 CFR 27664 151...... 26672 56...... 26657 1...... 26845 Proposed Rules: 58...... 26657 165 ...... 24286, 24945, 24947, 25 ...... 25851, 26900, 27478 60...... 26657 Proposed Rules: 26295, 27695, 27696, 27697, 1 ...... 23554, 23811, 24096, 39 ...... 23552, 24092, 24542, 70...... 26657 27916, 27918 24544, 24963, 24964, 25218, 71...... 26657 25223, 26348, 26924, 27221, 323...... 25120 26703, 27480, 27483, 28418, 173...... 26841 27730, 27936 Proposed Rules: 28420 176...... 27914 20...... 23811 100...... 24979, 24980 71 ...... 23805, 23806, 23807, 177 ...... 27177, 27915, 28097 25...... 23811 110...... 27487 23808, 23809, 225220, 178 ...... 24943, 25428, 26281, 31...... 23811 117 ...... 26349, 26350, 28125, 25221, 25222, 26705, 26712, 26841, 26842, 27854 40...... 23811 28126 165 ...... 23545, 24982, 24983, 26922, 28122 184...... 28358 27 CFR 91...... 27160 200...... 26657 24985, 24987, 28128 201...... 26657 Proposed Rules: 108...... 23554 34 CFR 1260...... 26923 202...... 26657 9...... 24308 300...... 24862 206...... 26657 28 CFR 15 CFR 207...... 26657 Proposed Rules: 30...... 24942 210...... 26657 540...... 25794 76...... 27152 734...... 27138 211...... 26657 Proposed Rules: 611...... 27404 736...... 27138 299...... 26657 0...... 24972 738...... 27138 300...... 26657 16...... 24972 36 CFR 740...... 27138 310...... 26657, 27666 20...... 24972 62...... 25708 742...... 27138 312...... 26657 32...... 28123 254...... 25821 745...... 27138 314...... 26657 50...... 24972 800...... 27044 746...... 24018, 25807 315...... 26657 81...... 28422 748...... 27138 316...... 26657 302...... 24547 37 CFR 758...... 27138 320...... 26657 540...... 27166 251...... 25201 772...... 27138 333...... 26657 551...... 24468 Proposed Rules: 774...... 27138, 27854 352...... 27666 1...... 25223 29 CFR Proposed Rules: 369...... 26657 2...... 25223 922...... 27484 510...... 26657 4044...... 26287 3...... 25223 514...... 26657 Proposed Rules: 6...... 25223 16 CFR 520...... 26657 1910...... 27941 Proposed Rules: 522 ...... 26657, 26670, 27916 1926...... 26713 38 CFR 453...... 24250 524...... 26657 2700...... 24547 4...... 25202

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36...... 28363 444...... 26714 545...... 23551 213...... 28134 21...... 23769, 26297 550...... 23551 215...... 23814 Proposed Rules: 42 CFR 551...... 23551 1845...... 26721 4...... 25246 405...... 25456 555...... 23551 1852...... 26721 17...... 23812, 27733 410...... 25456 560...... 23551 413...... 25456 565...... 23551 49 CFR 39 CFR 414...... 25456 571...... 23551 Proposed Rules: 415...... 25456 572...... 23794 1...... 24959 111...... 28130 424...... 25456 582...... 23545 171...... 28030 485...... 25456 585...... 23551 173...... 28030 40 CFR 498...... 24957 586...... 23551 177...... 28030 178...... 28030 Ch. VII...... 25126 Proposed Rules: 587...... 23551 180...... 28030 9 ...... 23906, 25126, 27450, 405...... 24549 588...... 23551 216...... 25540 27919 412...... 24716 Proposed Rules: 223...... 25540 35...... 23734 413...... 24716 356...... 24311 229...... 25540 51...... 26298 483...... 24716 231...... 25540 52 ...... 23774, 24949, 25210, 485...... 24716 47 CFR 232...... 25540 25214, 25822, 25825, 25828, 1...... 26883, 27200 26306, 26876, 26880, 27179, 43 CFR 238...... 25540 17...... 27471 531...... 27201 27465, 27699, 28250 4...... 26240 20...... 26885 60 ...... 24049, 24511, 26484, 541...... 28110 24...... 26887 571...... 27203 27623 44 CFR 73 ...... 24522, 24523, 26327, 61...... 24288 575...... 27921 59...... 24256 26697, 27710 62...... 25831 Proposed Rules: 61...... 24256 74...... 24523 63 ...... 24288, 24511, 26311, 107...... 28135 62...... 27705 76...... 28106 27450 192...... 28136 64...... 24512, 24957 80...... 26885 68...... 28696 229...... 23816 65 ...... 24515, 24516, 26690, 87...... 27471 70...... 23777 231...... 23816 26692 Proposed Rules: 72...... 25834, 28564 232...... 23816 67...... 24517, 26694 73...... 25834 1...... 23571, 28130 260...... 27488 77...... 28103 75...... 28564 22...... 23571, 28130 360...... 24123 80...... 28103 81...... 24949 24...... 23571, 28130 387...... 24123 81...... 28103 85...... 23906 26...... 23571, 28130 390...... 24128 82...... 28103 86...... 23906 27...... 23571, 28130 396...... 24128 83...... 28103 88...... 23906 64...... 26927 544...... 26352 152...... 28103 136...... 26315 73 ...... 23571, 24565, 24566, 567...... 27499 207...... 28103 180 ...... 24292, 25439, 25448, 24567, 24996, 24997, 24998, 568...... 27499 220...... 28103 25451, 25842, 27182, 27186, 26717, 26718, 26719, 26720, 573...... 27227 221...... 28103 27197, 28363, 28371, 28375, 28130, 28131, 28132, 28133, 577...... 27227 222...... 28103 28377, 28384 28424, 28425, 28426, 28427 605...... 23590 301...... 28103 232...... 25120 74...... 23571, 28130 611...... 25864 303...... 28103 260...... 26315 80...... 23571, 28130 1244...... 26723 261...... 25410 306...... 28103 87...... 23571, 28130 262...... 25410 308...... 28103 90...... 23571, 28130 50 CFR 268...... 25410, 28387 320...... 28103 95...... 23571, 28130 271...... 23780 324...... 28103 97...... 23571, 28130 17 ...... 25216, 28392, 28393, 300...... 24949, 26883 325...... 28103 100...... 28130 28403 600...... 23906 328...... 28103 101...... 23571 216 ...... 27925, 28114, 28121 333...... 28103 222...... 25460, 27206 Proposed Rules: 48 CFR 52 ...... 23813, 24117, 24119, 336...... 28103 223...... 25460, 27206 24549, 24988, 24989, 25854, Proposed Rules: 213...... 24528 226...... 24049 25855, 25862, 26352, 26926, 67...... 24550, 26715 222...... 28109 230...... 28413 26927, 27223 225...... 24528, 24529 285...... 27207 45 CFR 60...... 26569 232...... 28109 300...... 26890 62...... 25863 Proposed Rules: 237...... 28109 600...... 24062, 27928 68...... 28702 2505...... 25260 252...... 24528, 24529 648...... 24066 70...... 23813 253...... 28109 660 ...... 24062, 24078, 26328, 80...... 26004, 26142 46 CFR 715...... 25407 27928 81...... 24123, 27734 5...... 28054 1815...... 25214 679 ...... 24960, 25216, 27208, 85...... 26004 16...... 25407 1816...... 25214 27476 86...... 26004, 26142 500...... 23545 1819...... 25214 Proposed Rules: 112...... 26926 501...... 23545 1852...... 25214 17 ...... 25263, 26725, 27747, 141...... 25964, 27942 502...... 23551 Proposed Rules: 28136, 28142 142...... 25964, 27942 503...... 23545 1...... 26264 20...... 23742 143...... 25964, 27942 504...... 23545 12...... 26264 223...... 26355 144...... 27741 506...... 23545 16...... 24472 224...... 26355 146...... 27741 507...... 23545 23...... 26264 226...... 24998, 26355 147...... 27744 508...... 23545 31...... 27654, 28330 600...... 27749 180 ...... 27223, 27943, 27947 514...... 23782 45...... 23982 622 ...... 27750, 27951, 27952 194...... 25863, 26713 530...... 23782 48...... 24472 640...... 27952 271...... 23814, 25258 535...... 23794 52 ...... 23982, 24472, 26264 648...... 25472, 27749 300...... 24990 540...... 23545 201...... 28134 660...... 28143

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REMINDERS reclamation plan Fishery conservation and Michigan; comments due by The items in this list were submissions: management: 6-1-99; published 4-15-99 editorially compiled as an aid Indiana; published 5-26-99 Northeastern United States Nebraska; comments due by to Federal Register users. TRANSPORTATION fisheriesÐ 6-1-99; published 4-16-99 Inclusion or exclusion from DEPARTMENT Summer flounder, scup, Nevada; comments due by and black sea bass; this list has no legal Coast Guard 6-1-99; published 4-16-99 significance. comments due by 6-1- Anchorage regulations: New Mexico; comments due 99; published 4-30-99 by 6-1-99; published 4-16- Florida; published 4-26-99 CONSUMER PRODUCT 99 RULES GOING INTO Drawbridge operations: SAFETY COMMISSION Television stations; table of EFFECT MAY 26, 1999 Michigan; published 2-25-99 Flammable Fabrics Act: assignments: TRANSPORTATION Carpets and rugs; surface Arizona and Nevada; COMMERCE DEPARTMENT DEPARTMENT flammability standard; comments due by 5-31- National Oceanic and Federal Aviation comments due by 6-1-99; 99; published 4-29-99 Atmospheric Administration Administration published 3-17-99 GENERAL ACCOUNTING Whaling provisions; aboriginal Airworthiness directives: Children's sleepwear (Sizes OFFICE 0-6X and 7-14); subsistence whaling quotas Eurocopter France; Personnel Appeals Board; flammability standards; and other limitations; published 5-11-99 procedural rules; comments comments due by 6-1-99; published 5-26-99 due by 6-1-99; published 3- published 3-17-99 30-99 ENVIRONMENTAL COMMENTS DUE NEXT PROTECTION AGENCY Matresses and matress WEEK pads; flammability HOUSING AND URBAN Acquisition regulations: standards; comments due DEVELOPMENT Contractor performance DEPARTMENT AGRICULTURE by 6-1-99; published 3-17- evaluations; published 4- Public and Indian housing: DEPARTMENT 99 26-99 Public housing Animal and Plant Health ENVIRONMENTAL Air quality implementation modernizationÐ Inspection Service PROTECTION AGENCY plans; approval and Air programs: Comprehensive promulgation; various Animal welfare: Strategic ozone protectionÐ Improvement Assistance States: Marine mammalsÐ HCFC production, import Program; comments Swim-with-the-dolphin California; published 3-26-99 and export; allowance due by 6-1-99; interactive programs; Georgia; published 4-26-99 system; comments due published 4-30-99 comments due by 6-1- Utah; published 3-26-99 by 6-4-99; published 4- INTERIOR DEPARTMENT 99; published 4-2-99 Pesticides; tolerances in food, 5-99 Land Management Bureau Exportation and importation of animal feeds, and raw Air quality implementation Minerals management: animals and animal agricultural commodities: plans; approval and Oil and gas leasingÐ products: promulgation; various Aspergillus flavus AF36; Federal oil and gas published 5-26-99 Horses, ruminants, and States: swine; semen, embryos, resources; protection Clomazone; published 5-26- California; comments due by and products; alternative against drainage by 99 6-3-99; published 5-4-99 ports of entryÐ operations on nearby Spinosad; published 5-26-99 Clean Air Act: lands resulting in lower Memphis, TN; comments State operating permits royalties from Federal Tebuconazole; published 5- due by 6-1-99; programsÐ leases; comments due 26-99 published 4-30-99 New Jersey; comments by 6-4-99; published 4- FEDERAL DEPOSIT AGRICULTURE due by 6-3-99; 12-99 INSURANCE CORPORATION DEPARTMENT published 5-4-99 Performance standards in Practice and procedure: Commodity Credit New Jersey; comments lieu of current Filing procedures and Corporation due by 6-3-99; prescriptive authority delegations; Loan and purchase programs: published 5-4-99 requirements; comments published 4-26-99 Wheat, feed grains, rice, Hazardous waste program due by 6-4-99; HEALTH AND HUMAN and upland cotton; authorizations: published 3-26-99 SERVICES DEPARTMENT production flexibility Missouri; comments due by INTERIOR DEPARTMENT Food and Drug contracts; comments due 6-3-99; published 5-4-99 Fish and Wildlife Service Superfund programs: Administration by 6-2-99; published 5-5- Endangered and threatened GRAS or prior-sanctioned 99 Toxic chemical release species: reporting; community-right- ingredients: AGRICULTURE Rhadine exilis, etc. (nine to-knowÐ Cellulase enzyme DEPARTMENT invertebrate species from Safety Kleen Corp.; preparation derived from Grain Inspection, Packers Bexar County, TX); comments due by 6-1- trichoderma and Stockyards comments due by 5-31- 99; published 3-31-99 longibrachiatum; published Administration 99; published 4-7-99 5-26-99 Water pollution control: Packers and stockyards JUSTICE DEPARTMENT INTERIOR DEPARTMENT regulations: Ocean dumping; site designationsÐ Drug Enforcement Fish and Wildlife Service Feed weights; comments San Francisco Deep Administration Endangered and threatened due by 6-1-99; published Ocean Disposal Site, Schedules of controlled species: 4-2-99 CA; comments due by substances: Johnson's seagrass; COMMERCE DEPARTMENT 6-1-99; published 4-29- Zalepon; placement into published 5-26-99 National Oceanic and 99 Schedule IV; comments INTERIOR DEPARTMENT Atmospheric Administration FEDERAL due by 6-4-99; published Surface Mining Reclamation Atlantic tuna fisheries: COMMUNICATIONS 5-5-99 and Enforcement Office Bluefin tuna; comments due COMMISSION JUSTICE DEPARTMENT Permanent program and by 6-1-99; published 5-19- Radio stations; table of National Instant Criminal abandoned mine land 99 assignments: Background Check System:

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Firearms transactions; New York; comments due Class D airspace; comments Fascell North-South Center. information retention; by 6-1-99; published 3-31- due by 6-1-99; published 4- (May 21, 1999; 113 Stat. 54) comments due by 6-1-99; 99 1-99 published 3-3-99 Drawbridge operations: Class D airspace; correction; H.R. 669/P.L. 106±30 LABOR DEPARTMENT Florida; comments due by comments due by 6-1-99; To amend the Peace Corps Mine Safety and Health 6-4-99; published 4-5-99 published 4-12-99 Act to authorize appropriations Administration Ports and waterways safety: Class D and Class E for fiscal years 2000 through airspace; comments due by Coal, metal, and nonmetal Detroit River, MI; safety 2003 to carry out that Act, 6-1-99; published 4-29-99 mine safety and health: zone; comments due by and for other purposes. (May Class E airspace; comments Hazard communication; 5-31-99; published 5-3-99 21, 1999; 113 Stat. 55) due by 5-31-99; published comments due by 6-1-99; TRANSPORTATION 4-8-99 published 3-30-99 DEPARTMENT H.R. 1141/P.L. 106±31 LEGAL SERVICES Federal Aviation 1999 Emergency CORPORATION Administration LIST OF PUBLIC LAWS Supplemental Appropriations Timekeeping requirements; Air carrier certification and Act (May 21, 1999; 113 Stat. This is a continuing list of republication; comments due operations: 57) public bills from the current by 6-4-99; published 4-5-99 Service difficulty reports; comments due by 6-1-99; session of Congress which Last List May 18, 1999 PERSONNEL MANAGEMENT have become Federal laws. It OFFICE published 4-15-99 Airworthiness directives: may be used in conjunction Prevailing rate systems; with ``P L U S'' (Public Laws Aerospatiale; comments due comments due by 6-2-99; Update Service) on 202±523± by 6-3-99; published 5-4- Public Laws Electronic published 5-3-99 6641. This list is also 99 Notification Service SMALL BUSINESS available online at http:// Allison Engine Co., Inc.; (PENS) ADMINISTRATION www.nara.gov/fedreg. comments due by 6-4-99; Organization, functions, and published 4-5-99 The text of laws is not authority delegations: Bell Helicopter Textron, Inc.; published in the Federal PENS is a free electronic mail Disaster Area Counsel et comments due by 6-1-99; Register but may be ordered notification service of newly al.; administrative claims published 4-1-99 in ``slip law'' (individual approval, denial, etc.; pamphlet) form from the enacted public laws. To Boeing; comments due by subscribe, send E-mail to comments due by 6-1-99; 6-1-99; published 4-2-99 Superintendent of Documents, published 4-29-99 U.S. Government Printing [email protected] with Empresa Brasileira de the text message: Small business size standards: Aeronautica S.A.; Office, Washington, DC 20402 (phone, 202±512±1808). The Manufacturer and comments due by 6-4-99; subscribe PUBLAWS-L Your text will also be made remanufacturer; definitions published 5-5-99 Name. available on the Internet from as they apply to computer General Electric Co.; GPO Access at http:// industry; comments due comments due by 6-4-99; www.access.gpo.gov/nara/ Note: This service is strictly by 6-1-99; published 4-1- published 4-5-99 index.html. Some laws may for E-mail notification of new 99 Lockheed; comments due not yet be available. public laws. The text of laws TRANSPORTATION by 6-1-99; published 4-16- is not available through this DEPARTMENT 99 H.R. 432/P.L. 106±29 service. PENS cannot respond Coast Guard Saab; comments due by 6- To designate the North/South to specific inquiries sent to Anchorage regulations: 1-99; published 5-7-99 Center as the Dante B. this address.

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