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

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Contents Federal Register Vol. 64, No. 124

Tuesday, June 29, 1999

Agricultural Marketing Service Commerce Department RULES See International Trade Administration Cranberries grown in— See National Oceanic and Atmospheric Administration Massachusetts et al., 34705–34707 NOTICES Committee for the Implementation of Textile Agreements Agency information collection activities: NOTICES Proposed collection; comment request, 34763–34764 Export visa requirements; certification, waivers, etc.: Shell eggs; grade standards, 34764 Sri Lanka, 34783 Textile and apparel categories: Agriculture Department and Canada; rayon filament yarn, 34783 See Agricultural Marketing Service See Animal and Health Inspection Service Commodity Futures Trading Commission See Farm Service Agency NOTICES See Forest Service Futures industry; alternative execution, or block trading, See Natural Resources Conservation Service NOTICES procedures; correction, 34851 Agency information collection activities: Submission for OMB review; comment request, 34761– Comptroller of the Currency 34763 NOTICES Agency information collection activities: Air Force Department Proposed collection; comment request, 34843–34844 NOTICES Insured depository institutions; branch closings; policy Privacy Act: statement, 34844–34847 Systems of records, 34789–34791 Customs Service Animal and Plant Health Inspection Service PROPOSED RULES RULES Customs brokers: Exportation and importation of animals and animal Licensing and conduct, 34748 products: NOTICES Horses, ruminants, and swine; semen, embryos, and Generalized System of Preferences: products; alternative ports of entry— Procedures in case of expiration, 34847–34848 Memphis, TN, 34707 NOTICES Defense Department Reports and guidance documents; availability, etc.: See Air Force Department Veterinary biological products; good clinical practices, See Army Department 34764–34765 See Navy Department NOTICES Architectural and Transportation Barriers Compliance Agency information collection activities: Board Submission for OMB review; comment request, 34783– NOTICES 34784 Meetings: Arms sales notification; transmittal letter, 34784–34788 Access Board, 34778 Senior Executive Service: Performance Review Board; membership, 34789 Army Department NOTICES Drug Enforcement Administration Privacy Act: NOTICES Systems of records, 34791–34793 Applications, hearings, determinations, etc.: Centers for Disease Control and Prevention Applied Sciences Labs, 34825 NOTICES Chiragene, Inc., 34825 Grants and cooperative agreements; availability, etc.: Radian International LLC, 34825–34826 New Vaccine Surveillance Network; enhanced surveillance and data collection, 34809–34812 Employment and Training Administration Rotavirus gastroenteritis; active sentinel hospital RULES surveillance and epidemiologic studies, 34813–34816 Aliens: Nonimmigrant agricultural workers; temporary Coast Guard employment; labor certification process; RULES administrative measures to improve program Technical amendments; organizational changes; performance, 34957–34966 miscellaneous editorial changes, etc., 34710–34716 PROPOSED RULES Energy Department Drawbridge operations: See Federal Energy Regulatory Commission Oregon, 34748–34750 See Southwestern Power Administration

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NOTICES NOTICES Floodplain and wetlands protection; environmental review Agency information collection activities: determinations; availability, etc.: Proposed collection; comment request, 34799 Los Alamos National Laboratory, NM, 34794–34795 carriers, foreign, presumed to possess Meetings: power in foreign telecommunications markets; list, Environmental Management Site-Specific Advisory 34799–34803 Board— Paducah Gaseous Diffusion Plant, KY, 34795 Federal Deposit Insurance Corporation NOTICES Environmental Protection Agency Financial institutions; receivership terminations, 34803– RULES 34804 Air pollutants, hazardous; national emission standards: Insured depository institutions; branch closings; policy Generic maximum achievable control technology, 34853– statement, 34844–34847 34949 Air quality implementation plans; approval and Federal Energy Regulatory Commission promulgation; various States: NOTICES Arizona, 34726–34732 Applications, hearings, determinations, etc.: Missouri, 34717–34726 Columbia Gas Transmission Corp., 34795–34796 Drinking water: Mid-Continent Area Power Pool, 34796 National primary drinking water regulations— National Fuel Gas Supply Corp., 34796–34797 Consumer confidence reports; correction, 34732–34733 PROPOSED RULES Federal Highway Administration Air pollutants, hazardous; national emission standards: NOTICES Generic maximum achievable control technology; process Agency information collection activities: wastewater provisions, 34950–34956 Submission for OMB review; comment request, 34840– NOTICES 34841 Meetings: Clean Air Act Advisory Committee, 34798 Federal Railroad Administration Gulf of Mexico Program Citizens Advisory Committee, NOTICES 34798 Exemption petitions, etc.: Superfund program: Alaska Railroad Corp., 34841 Prospective purchaser agreements— Canadian National Railway, 34841–34842 Warwick Township Creek Road Site, PA, 34798–34799 Honey Creek Railroad, 34842 Southeastern Pennsylvania Transportation Authority, 34842–34843 Farm Service Agency NOTICES Federal Reserve System Warehouse Act fees: NOTICES Cotton, etc., 34765–34767 Insured depository institutions; branch closings; policy statement, 34844–34847 Federal Aviation Administration Meetings; Sunshine Act, 34804 RULES Airworthiness directives: Federal Trade Commission Boeing, 34707–34710 NOTICES PROPOSED RULES Premerger notification; reporting and waiting period Airworthiness directives: requirements: Eurocopter , 34746–34747 Hart-Scott-Rodino Act— NOTICES Limited liability company formation; interpretation, Meetings: 34804–34808 Aviation Rulemaking Advisory Committee, 34839 RTCA, Inc., 34839–34840 Fish and Wildlife Service Passenger facility charges; applications, etc.: PROPOSED RULES Bradley International Airport, CT, 34840 Endangered and threatened species: Findings on petitions, etc.— Federal Communications Commission Limoncillo, 34755–34756 RULES Common carrier services: Food and Drug Administration International settlements policy and associated filing NOTICES requirements; biennial regulatory review, 34734– Color additive petitions: 34742 EM Industries, Inc., 34816 Radio stations; table of assignments: Meetings: Oregon, 34742–34743 Biological Response Modifiers Advisory Committee, , 34743 34816 PROPOSED RULES Radio stations; table of assignments: Forest Service Montana, 34751–34754 , NOTICES Nevada, 34755 Appealable decisions; legal notice: Utah, 34750–34754 Intermountain Region, 34767–34769

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Environmental statements; notice of intent: Meetings: Willamette National Forest, OR, 34769–34770 National Cancer Institute, 34818–34819 National Center for Research Resources, 34819 General Services Administration National Institute of Allergy and Infectious Diseases, RULES 34821 Federal property management: National Institute of Environmental Health Sciences, Purchase or lease determinations guidelines and private 34819–34820 inspection, testing, and grading services use, 34733– National Institute of General Medical Sciences, 34820 34734 National Institute of Mental Health, 34820 NOTICES National Institute on Deafness and Other Communication Federal property management: Disorders, 34820–34821 U.S. Government Transportation Request (SF 1169); National Library of Medicine, 34821 elimination, 34808–34809 Scientific Review Center, 34821–34822 Health and Human Services Department See Centers for Disease Control and Prevention National Oceanic and Atmospheric Administration See Food and Drug Administration RULES See National Institutes of Health Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone— Organization, functions, and authority delegations: Western Alaska community development quota Program Support Center, 34809 program, 34743–34744 PROPOSED RULES Immigration and Naturalization Service Fishery conservation and management: NOTICES Carribbean, Gulf, and South Atlantic fisheries— Agency information collection activities: Gulf of Mexico reef fish, 34756–34758 Submission for OMB review; comment request, 34826 Northeastern United States fisheries— Northeast multispecies; correction, 34758–34759 Interior Department Spiny dogfish, 34759–34760 See Fish and Wildlife Service NOTICES See National Park Service Meetings: Gulf of Mexico Fishery Management Council, 34780– Internal Revenue Service 34781 NOTICES New England Fishery Management Council, 34781 Meetings: Western Pacific Fishery Management Council, 34781– Citizen Advocacy Panel, 34849 34783

International Trade Administration National Park Service NOTICES NOTICES Antidumping: Environmental statements; availability, etc.: Hot-rolled flat-rolled carbon-quality steel products from— Booker T. Washington National Monument, VA, 34822 Japan, 34778–34780 Meetings: Delaware Water Gap National Recreation Area Citizen Justice Department Advisory Commission, 34822–34823 See Drug Enforcement Administration Strategic plan; goal review process, 34823 See Immigration and Naturalization Service National Register of Historic Places: NOTICES Pending nominations, 34823–34824 Agency information collection activities: Proposed collection; comment request, 34824–34825 Natural Resources Conservation Service Labor Department NOTICES See Employment and Training Administration Reports and guidance documents; availability, etc.: See Occupational Safety and Health Administration Prime farmland; mining specifications, 34770–34778 NOTICES Agency information collection activities: Navy Department Submission for OMB review; comment request, 34827– NOTICES 34828 Privacy Act: Systems of records, 34793–34794 National Aeronautics and Space Administration NOTICES Meetings: Nuclear Regulatory Commission Advisory Council NOTICES Space Science Advisory Committee, 34831–34832 Agency information collection activities: Proposed collection; comment request, 34832 National Institutes of Health Environmental statements; availability, etc.: NOTICES Florida Power & Light Co., Inc., et al., 34833 Agency information collection activities: Meetings; Sunshine Act, 34833–34834 Submission for OMB review; comment request, 34817– Applications, hearings, determinations, etc.: 34818 Power Authority of State of New York, 34832

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Occupational Safety and Health Administration See Federal Highway Administration NOTICES See Federal Railroad Administration Agency information collection activities: See Surface Transportation Board Proposed collection; comment request, 34828–34831 See Transportation Statistics Bureau NOTICES Public Health Service Aviation proceedings: See Centers for Disease Control and Prevention Agreements filed; weekly receipts, 34838 See Food and Drug Administration Certificates of public convenience and necessity and See National Institutes of Health foreign air carrier permits; weekly applications, 34838–34839 Securities and Exchange Commission NOTICES Transportation Statistics Bureau Self-regulatory organizations; proposed rule changes: PROPOSED RULES National Association of Securities Dealers, Inc., 34835– Alaska commuter and small certificated air carrier data 34838 collection program improvement; meeting, 34747– Applications, hearings, determinations, etc.: 34748 CSX Financial Management, Inc., 34834–34835 Treasury Department Small Business Administration See Comptroller of the Currency PROPOSED RULES See Customs Service Business loans: See Internal Revenue Service Liquidation of collateral and sale of commercial loans, See Thrift Supervision Office 34745 NOTICES Southwestern Power Administration Meetings: International Child Labor Enforcement Committee NOTICES [Editorial Note: This document, published at 64 FR Power rates: 34697 in the Federal Register of June 28, 1999, was Sam Rayburn Dam Project, 34797–34798 erroneously identified as ‘‘Customs Service Surface Transportation Board Commercial Operations Advisory Committee.’’ It NOTICES should have been listed in the Table of Contents as Railroad operation, acquisition, construction, etc.: set forth here.] New York Central Lines LLC, 34843

Textile Agreements Implementation Committee Separate Parts In This Issue See Committee for the Implementation of Textile Agreements Part II Environmental Protection Agency, 34853–34956 Thrift Supervision Office NOTICES Part III Agency information collection activities: Department of Labor, Employment and Training Submission for OMB review; comment request, 34849– Administration, 34957–34966 34850 Insured depository institutions; branch closings; policy statement, 34844–34847 Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Coast Guard phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 929...... 34705 9 CFR 93...... 34707 98...... 34707 13 CFR Proposed Rules: 120...... 34745 14 CFR 39...... 34707 Proposed Rules: 39...... 34746 298...... 34747 19 CFR Proposed Rules: 111...... 34748 20 CFR 654...... 34958 655...... 34958 33 CFR 3...... 34710 4...... 34710 40...... 34710 84...... 34710 96...... 34710 117...... 34710 127...... 34710 138...... 34710 151...... 34710 154...... 34710 159...... 34710 160...... 34710 164...... 34710 165...... 34710 167...... 34710 174...... 34710 175...... 34710 179...... 34710 181...... 34710 183...... 34710 Proposed Rules: 117...... 34748 40 CFR 52 (2 documents) ...... 34717, 34726 63...... 34854 141...... 34732 142...... 34732 Proposed Rules: 63...... 34950 41 CFR 101...... 34733 47 CFR 0...... 34734 43...... 34734 63...... 34734 64...... 34734 73 (2 documents) ...... 34742, 34743 Proposed Rules: 73 (12 documents) ...... 34750, 34751, 34752, 34753, 34754, 34755 50 CFR 679...... 34743 Proposed Rules: 17...... 34755 622...... 34756 648 (2 documents) ...... 34758, 34759

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Rules and Regulations Federal Register Vol. 64, No. 124

Tuesday, June 29, 1999

This section of the FEDERAL REGISTER businesses may request information on when a continuance referendum should contains regulatory documents having general compliance with this regulation or be conducted to determine if producers applicability and legal effect, most of which obtain a guide on complying with , favor continuance of the cranberry are keyed to and codified in the Code of vegetable, and specialty crop marketing marketing order. This action was Federal Regulations, which is published under agreements and orders by contacting Jay unanimously recommended by the 50 titles pursuant to 44 U.S.C. 1510. Guerber, Marketing Order Committee at its March 15, 1999, The Code of Federal Regulations is sold by Administration Branch, Fruit and meeting. the Superintendent of Documents. Prices of Vegetable Programs, AMS, USDA, P.O. Section 929.69(d) of the order new books are listed in the first FEDERAL Box 96456, room 2525-S, Washington, provides that the Secretary shall REGISTER issue of each week. DC 20090–6456; telephone (202) 720– conduct a referendum during the month 2491; Fax: (202) 720–5698; or E-mail: of May 1975 to ascertain whether [email protected]. You may also continuance of the order is favored by DEPARTMENT OF AGRICULTURE view the marketing agreements and the producers, and that the Secretary orders small business compliance guide shall conduct such a referendum during Agricultural Marketing Service at the following website: http:// the month of May of every fourth year 7 CFR Part 929 www.ams.usda.gov/fv/moab.html. thereafter. The next continuance SUPPLEMENTARY INFORMATION: This rule referendum was scheduled to be [Docket No. FV99±929±1 FIR] is issued under Marketing Order No. conducted in May 1999. The last continuance referendum was held in Cranberries Grown in the States of 929, as amended (7 CFR part 929), May 1995. Massachusetts, et al.; Temporary regulating the handling of cranberries Section 929.69(b) of the order Suspension of a Provision on grown in 10 States. The order is authorizes the Secretary to terminate or Producer Continuance Referenda effective under the Agricultural suspend the operation of any or all of Under the Cranberry Marketing Order Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter the provisions of this part whenever the AGENCY: Agricultural Marketing Service, referred to as the ‘‘Act.’’ Secretary finds that such provisions do USDA. The Department is issuing this rule in not tend to effectuate the declared ACTION: Final rule. conformance with Executive Order policy of the Act. 12866. At its March 15, 1999, meeting, the SUMMARY: The Department of This rule has been reviewed under Committee recommended delaying the Agriculture (Department) is adopting, as Executive order 12988, Civil Justice May 1999 referendum because the a final rule, without change, the Reform. This rule is not intended to cranberry industry currently is provisions of an interim final rule have retroactive effect. This rule will experiencing significant marketing which temporarily suspended an order not preempt any State or local laws, problems. Over the last few months, provision requiring a producer regulations, or policies, unless they inventories of cranberry juice have been continuance referendum to be present an irreconcilable conflict with at record levels and producer prices conducted on the marketing order this rule. have dropped significantly. during the month of May 1999. The The Act provides that administrative The Committee reported that, over the industry currently is experiencing proceedings must be exhausted before last five years, the industry has enjoyed unsettled marketing conditions due to a parties may file suit in court. Under increasing demand for cranberry surplus of product. The temporary delay section 608c(15)(A) of the Act, any products, primarily due to the success in holding the continuance referendum handler subject to an order may file of numerous cranberry juice based is allowing the Cranberry Marketing with the Secretary a petition stating that beverages. However, such success has Committee (Committee) to finalize the the order, any provision of the order, or attracted additional production. With development of a plan to improve the any obligation imposed in connection increased production and a leveling of marketing situation, hold producer with the order is not in accordance with demand, carry-out stocks of cranberry meetings throughout the production law and request a modification of the juice and juice products are at record area to update them on the situation, order or to be exempted therefrom. A levels and are predicted to increase and begin implementing the plan. handler is afforded the opportunity for significantly over the next few years. EFFECTIVE DATE: July 29, 1999. a hearing on the petition. After the The Committee reported that carryout FOR FURTHER INFORMATION CONTACT: hearing the Secretary would rule on the stocks at the end of August were Patricia A. Petrella or Kenneth G. petition. The Act provides that the approximately 1.2 million (mill.) barrels Johnson, Marketing Order district court of the United States in any (bbls) in 1997, 2.1 mill. bbls in 1998, Administration Branch, F&V, AMS, district in which the handler is an and are projected to be 2.7 and 3.2 mill. USDA, room 2530-S, P.O. Box 96456, inhabitant, or has his or her principal bbls in 1999 and 2000, respectively. The Washington, DC 20090–6456, telephone: place of business, has jurisdiction to Committee also reported that, in recent (202) 720–2491; Fax: (202) 720–5698 or review the Secretary’s ruling on the months, producer prices have Anne M. Dec, Marketing Order petition, provided an action is filed not responded to this surplus by dropping Administration Branch, Fruit and later than 20 days after the date of the from $70-80/barrel to $38/barrel. Vegetable Programs, AMS, USDA, room entry of the ruling. The Committee plans a series of 2525-S, P.O. Box 96456, Washington, The action temporarily suspended a producer meetings throughout the 10- DC 20090–6456; telephone: (202) 720– provision in § 929.69(d) of the order State production area to inform 2491; Fax: (202) 720–5698. Small which specifies the month and year producers about positive actions being

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.195 pfrm07 PsN: 29JNR1 34706 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations undertaken by the Committee to help behalf. Thus, both statutes have small bbls in 1999 and 2000, respectively. The strengthen marketing conditions. Some entity orientation and compatibility. Committee also reported that, in recent of these actions include proposing There are approximately 20 handlers months, producer prices have amendments to the order, and filing an of cranberries who are subject to responded to this surplus by dropping application with the Department’s regulation under the order and from $70-80/barrel to $38/barrel. Foreign Agricultural Service for Market approximately 1,100 producers of The Committee plans a series of Access Program funds to help the cranberries in the regulated area. Small producer meetings throughout the 10- industry further develop export markets agricultural service firms, which State production area to inform for cranberries and cranberry products. include handlers, have been defined by producers about positive actions being The industry also is working with the Small Business Administration (13 undertaken by the Committee to help Congress on amendments to the Act to CFR 121.601) as those having annual strengthen marketing conditions. Some include reporting requirements for receipts of less than $5,000,000, and of these actions include proposing processors and importers, and adding small agricultural producers are defined amendments to the order, and filing an cranberries to the list of commodities as those having annual receipts of less application with the Department’s with the authority to establish than $500,000. The majority of handlers Foreign Agricultural Service for Market marketing research projects, including and producers of cranberries may be Access Program funds to help the paid advertising, to more effectively classified as small entities. industry further develop export markets promote cranberries and cranberry The interim final rule temporarily for cranberries and cranberry products. products. suspended a provision in the order The industry also is working with The Committee believes that a requiring a producer referendum to be Congress on amendments to the Act to temporary delay in holding the held in May 1999 to determine whether include reporting requirements for continuance referendum provided time producers favor continuance of the processors and importers, and adding for its actions to help stabilize the order. cranberries to the list of commodities current marketing situation. The Section 929.69(d) of the order with the authority to establish Committee further believes that holding provides that the Secretary shall marketing research projects, including a continuance referendum in May 1999, conduct a referendum during the month paid advertising, to more effectively given the current unsettled marketing of May 1975 to ascertain whether promote cranberries and cranberry situation, would not have provided a continuance of the order is favored by products. true indicator of support for and the the producers, and that the Secretary The Committee believes that a value of the order. shall conduct such a referendum during temporary delay in holding the Pursuant to § 929.69(b), the interim the month of May of every fourth year continuance referendum provided time final rule suspended provisions in thereafter. The next continuance for its actions to help stabilize the § 929.69(d) to postpone the May 1999 referendum was scheduled to be current marketing situation. The continuance referendum under the conducted in May 1999. The last Committee further believes that holding cranberry marketing order. The continuance referendum was held in a continuance referendum in May 1999, Department currently plans to conduct May 1995. given the current unsettled marketing a producer continuance referendum in Section 929.69(b) of the order situation, would not have provided a May 2000. However, a final decision on authorizes the Secretary to terminate or true indicator of support for and the holding that referendum will not be suspend the operation of any or all of value of the order. made until the spring of 2000. The the provisions of this part whenever the Pursuant to § 929.69(b), this action Committee traditionally meets each year Secretary finds that such provisions do suspended provisions in § 929.69(d) to during the months of February or March not tend to effectuate the declared postpone the May 1999 continuance to assess the current marketing situation policy of the Act. referendum under the cranberry and prospects for the upcoming season. At its March 15, 1999, meeting, the marketing order. The Department The Committee’s assessment of Committee recommended delaying the currently plans to conduct a producer marketing conditions at that time will May 1999 referendum because the continuance referendum in May 2000. be used in making the final decision. In cranberry industry currently is This should serve as an alternative to accordance with § 929.69(d) of the experiencing significant marketing just suspending the May 1999 order, a continuance referendum is problems. Over the last few months, continuance referendum. However, a required to be held in May 2003. inventories of cranberry juice have been final decision on holding that at record levels and producer prices referendum will not be made until the The Regulatory Flexibility Act and have dropped significantly. spring of 2000. The Committee Effects on Small Businesses The Committee reported that, over the traditionally meets each year during the Pursuant to requirements set forth in last five years, the industry has enjoyed months of February or March to assess the Regulatory Flexibility Act (RFA), increasing demand for cranberry the current marketing situation and AMS has considered the economic products, primarily due to the success prospects for the upcoming season. The impact of this action on small entities. of numerous cranberry juice based Committee’s assessment of marketing Accordingly, AMS has prepared this beverages. However, such success has conditions at that time will be used in final regulatory flexibility analysis. attracted additional production. With making the final decision. In accordance The purpose of the RFA is to fit increased production and a leveling of with § 929.69(d) of the order, a regulatory actions to the scale of demand, carry-out stocks of cranberry continuance referendum is required to business subject to such actions in order juice and juice products are at record be held in May 2003. that small businesses will not be unduly levels and are predicted to increase This action did not impose any or disproportionately burdened. significantly over the next few years. additional recordkeeping requirements Marketing orders issued pursuant to the The Committee reported that carryout on either small or large cranberry Act, and the rules issued thereunder, are stocks at the end of August were handlers. As with all Federal marketing unique in that they are brought about approximately 1.2 million (mill.) barrels order programs, reports and forms are through group action of essentially (bbls) in 1997, 2.1 mill. bbls in 1998, periodically reviewed to reduce small entities acting on their own and are projected to be 2.7 and 3.2 mill. information requirements and

VerDate 18-JUN-99 16:07 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.XXX pfrm01 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34707 duplication by industry and public published at 64 FR 24023 on May 5, DEPARTMENT OF TRANSPORTATION sectors. In addition, the Department has 1999, is adopted as a final rule without not identified any relevant Federal rules change. Federal Aviation Administration which duplicate, overlap or conflict Dated: June 17, 1999. with this rule. 14 CFR Part 39 Enrique E. Figueroa, In compliance with Office of [Docket No. 99±NM±45±AD; Amendment Management and Budget (OMB) Administrator, Agricultural Marketing 39±11212; AD 99±14±04] regulations (5 CFR part 1320) which Service. RIN 2120±AA64 implement the Paperwork Reduction [FR Doc. 99–16508 Filed 6–28–99; 8:45 am] Act of 1995 (44 U.S.C. Chapter 35), the BILLING CODE 3410±02±P Airworthiness Directives; Boeing information collection and Model 747±300 and ±400 Series recordkeeping requirements imposed by Airplanes Part 929 have been previously approved DEPARTMENT OF AGRICULTURE by OMB and assigned OMB Number AGENCY: Federal Aviation 0581–0103. Animal and Plant Health Inspection Administration, DOT. Committee meetings are widely Service ACTION: Final rule; request for publicized throughout the cranberry comments. industry and are open to all industry 9 CFR Parts 93 and 98 members and entities (including both SUMMARY: This amendment adopts a small and large business entities) and [Docket No. 98±102±2] new airworthiness directive (AD) that is other interested persons—who are applicable to certain Boeing Model 747– encouraged to participate in the Limited Ports; Memphis, TN 300 and –400 series airplanes. This deliberations and voice their opinions action requires repetitive inspections of on topics under discussion. Like all AGENCY: Animal and Plant Health the E–42 satellite communications Committee meetings, the March 1999 Inspection Service, USDA. (SATCOM) rack and fuselage (supporting) structure to detect cracking meeting was a public meeting and all ACTION: Direct final rule; confirmation of in the area surrounding the fastener entities, both large and small, were able effective date. to express their views on these issues. holes, and to detect broken and missing The Committee itself is composed of fasteners; and corrective actions, if SUMMARY: On April 30, 1999, the eight members, of which seven members necessary. This amendment is prompted Animal and Plant Health Inspection are growers and one represents the by reports indicating that cracking and public. Service published a direct final rule. broken and/or missing fasteners were The interim final rule concerning this (See 64 FR 23178–23179, Docket No. found on the E–42 SATCOM equipment action was published in the Federal 98–102–1). The direct final rule notified rack structure that attaches to the Register (64 FR 24023, May 5, 1999) the public of our intention to amend the fuselage structure. The actions specified with an effective date of May 6, 1999, animal importation regulations by in this AD are intended to detect and through May 31, 1999. Copies of the adding Memphis, TN, to the list of repair cracking of the E–42 SATCOM rule were mailed by the Committee’s limited ports of entry for semen, rack and its supporting structure, which staff to all Committee members and embryos, and products of horses, could result in the SATCOM equipment cranberry producers. In addition, the ruminants, and swine. We did not falling from the rack, loss of SATCOM rule was made available through the receive any written adverse comments capabilities, injury to passengers, and by the Office of the Federal or written notice of intent to submit reduced controllability of the airplane. Register. That rule provided for a 15- adverse comments in response to the DATES: Effective July 14, 1999. day comment period which ended May direct final rule. The incorporation by reference of 20, 1999. No comments were received. EFFECTIVE DATE: The effective date of the certain publications listed in the After consideration of all available direct final rule is confirmed as: June regulations is approved by the Director information, and pursuant to of the Federal Register as of July 14, 29, 1999. § 929.69(b), it is found that the second 1999. sentence in § 929.69(d) does not tend to FOR FURTHER INFORMATION CONTACT: Dr. Comments for inclusion in the Rules effectuate the declared policy of the Act Morley H. Cook, Senior Staff Docket must be received on or before for the period specified in the interim Veterinarian, Animals Program, August 30, 1999. final rule and it is temporarily National Center for Import and Export, ADDRESSES: Submit comments in suspended. VS, APHIS, 4700 River Road Unit 38, triplicate to the Federal Aviation List of Subjects in 7 CFR Part 929 Riverdale, MD 20737–1231; (301) 734– Administration (FAA), Transport 8686; or e-mail: Airplane Directorate, ANM–114, Cranberries, Marketing agreements, [email protected]. Attention: Rules Docket No. 99-NM–45- Reporting and recordkeeping AD, 1601 Lind Avenue, SW., Renton, requirements. Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102–105, 111, 114a, 134a, 134b, Washington 98055–4056. PART 929ÐCRANBERRIES GROWN IN 134c, 134d, 134f, 136, and 136a; 31 U.S.C. The service information referenced in THE STATES OF MASSACHUSETTS, 9701; 7 CFR 2.22, 2.80, and 371.2(d). this AD may be obtained from Boeing Commercial Airplane Group, P.O. Box RHODE ISLAND, CONNECTICUT, NEW Done in Washington, DC, this 24th day of 3707, Seattle, Washington 98124–2207. JERSEY, WISCONSIN, MICHIGAN, June 1999. This information may be examined at MINNESOTA, OREGON, Craig A. Reed, WASHINGTON, AND LONG ISLAND IN the FAA, Transport Airplane Administrator, Animal and Plant Health THE STATE OF NEW YORK Directorate, 1601 Lind Avenue, SW., Inspection Service. Renton, Washington; or at the Office of Accordingly the interim final rule [FR Doc. 99–16499 Filed 6–28–99; 8:45 am] the Federal Register, 800 North Capitol amending 7 CFR part 929 which was BILLING CODE 3410±34±P Street, NW., suite 700, Washington, DC.

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FOR FURTHER INFORMATION CONTACT: Explanation of Relevant Service complies with a specific requirement, at Elizabeth A. Gnehm, Aerospace Information this time the FAA has not delegated the Engineer, Airframe Branch, ANM–120S, The FAA has reviewed and approved authority to a manufacturer DER to FAA, Transport Airplane Directorate, Boeing Alert Service Bulletin 747– make the discretionary determination Seattle Aircraft Certification Office, 53A2428, dated December 17, 1998, for repetitive inspection requirements. 1601 Lind Avenue, SW., Renton, which describes procedures for Explanation of Applicability Washington 98055–4056; telephone repetitive close visual inspections of the (425) 227–1426; fax (425) 227–1181. E–42 SATCOM rack and fuselage Operators should note that the Boeing SUPPLEMENTARY INFORMATION: The FAA (supporting) structure to detect cracking alert service bulletin (previously has received reports indicating that in the area surrounding the fastener described), does not specify the line cracking and broken and/or missing holes, and to detect broken or missing number for the effectivity of Boeing fasteners were found on the E–42 fasteners. Model 747–400 series airplanes, but SATCOM equipment rack structure that states that ‘‘a line number will be Explanation of the Requirements of the attaches to the fuselage structure on specified at a later date,’’ when a design Rule several Boeing Model 747–300 and –400 improvement can be incorporated into series airplanes. Investigation revealed Since an unsafe condition has been the production line. To account for this that one of the four stanchions (i.e., a identified that is likely to exist or interpretative effectivity, this AD is supporting prop or brace) was found develop on other airplanes of the same applicable to Boeing Model 747–300 completely broken on two airplanes type design, this AD is being issued to series airplanes as listed in the alert (one that had accumulated 23,693 total detect and repair cracking of the E–42 service bulletin and Boeing Model 747– flight hours and the other with 24,752 SATCOM rack and its supporting 400 series airplanes equipped with a total flight hours). Further investigation structure, which could result in the Boeing-installed E–42 SATCOM rack. revealed that the rigid joints of the SATCOM equipment falling from the As discussed previously, because this supporting structure of the E–42 rack, loss of SATCOM capabilities, AD is considered interim action, SATCOM rack, coupled with injury to passengers, and reduced applicability may be revised accordingly environmental vibration of the airplane, controllability of the airplane. This AD in subsequent AD action. may have caused the cracking to initiate requires accomplishment of the actions Explanation of Compliance Time in the area surrounding the fastener specified in the alert service bulletin Operators should note that the Boeing holes (located at the rigid joints) of the described previously, except as alert service bulletin (previously supporting structure of the E–42 discussed below. This AD also requires described) recommends that the initial SATCOM rack. The FAA also has that operators report results of initial inspection be performed at the received a report indicating that inspection findings to the manufacturer. applicable time, as specified below: cracking has been detected on four Interim Action • For airplanes identified in the alert freighter airplanes; one of the airplanes This is considered to be interim service as Group 1: Within 500 flight had accumulated less than 1,500 total action. The manufacturer has advised hours or within 14,000 flight hours flight hours. that it currently is developing a since the E–42 SATCOM rack was On all airplanes, the E–42 SATCOM modification that will positively address installed and populated with rack hangs above the main deck ceiling. the unsafe condition addressed by this equipment. On freighter airplanes and ‘‘combi’’ AD. Once this modification is • For airplanes identified in the alert airplanes (i.e., configurations with developed, approved, and available, the service as Groups 2, 3, and 4: Within provisions for passenger seating and FAA may consider additional 500 flight hours or 20,000 flight hours cargo on the main deck), the E–42 rulemaking. since the E–42 SATCOM rack was SATCOM rack is located near rudder installed and populated with Differences Between AD and Alert and elevator control cables, and the equipment. Service Bulletin SATCOM wires run above the rudder This AD would require that the initial and elevator control cables. Operators should note that, although inspection be performed at the On all airplanes, failure of the rack the Boeing alert service bulletin applicable time, as specified below: and its supporting structure could result specifies that the manufacturer may be • For airplanes identified in the alert in loss of support for the E–42 SATCOM contacted for disposition of certain service bulletin as Group 1: Within 30 equipment, which could lead to chafing conditions, this proposal would require days after the effective date of this AD. and arcing of the electrical wires and the repair of those conditions to be • For airplanes identified in the alert loss of SATCOM capabilities. Such accomplished in accordance with a service bulletin as Groups 2, 3, and 4: failure also could result in the following method approved by the FAA. Within 90 days after the effective date unsafe conditions: Operators also should note that the of this AD. • On passenger-only airplanes, the E– Boeing alert service bulletin specifies The FAA finds that, in view of a 42 SATCOM equipment could break that the manufacturer determine the recent report indicating that cracking through the ceiling, which could result repetitive inspection intervals in the has been detected on an airplane that in injury to passengers. event a repair and/or replacement of the had accumulated less than 1,500 total • On freighter and ‘‘combi’’ airplanes, fasteners is necessary. This AD would flight hours, and because of the safety the E–42 SATCOM equipment could fall require repetitive inspections of the E– implications and consequences and cause the SATCOM wires to pull 42 SATCOM rack and its supporting associated with such cracking, the and possibly break the rudder and/or structure at intervals not exceeding initial compliance time specified in this elevator control cables, which could 3,000 flight cycles, whether a repair AD is appropriate. result in reduced controllability of the and/or replacement of fasteners is airplane. Failure of the SATCOM rack required or not. While a manufacturer Determination of Rule’s Effective Date on ‘‘combi’’ airplanes carrying Designated Engineering Representative Since a situation exists that requires passengers also could result in injury to (DER) is authorized to determine the immediate adoption of this the passengers. whether a design or repair method regulation, it is found that notice and

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.211 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34709 opportunity for prior public comment and that it is not a ‘‘significant which could result in the SATCOM hereon are impracticable, and that good regulatory action’’ under Executive equipment falling from the rack, loss of cause exists for making this amendment Order 12866. It has been determined SATCOM capabilities, injury to passengers, effective in less than 30 days. and reduced controllability of the airplane, further that this action involves an accomplish the following: emergency regulation under DOT Comments Invited Regulatory Policies and Procedures (44 Initial and Repetitive Detailed Visual Although this action is in the form of FR 11034, February 26, 1979). If it is Inspections a final rule that involves requirements determined that this emergency (a) Perform a detailed visual inspection of affecting flight safety and, thus, was not regulation otherwise would be the E–42 SATCOM rack and fuselage preceded by notice and an opportunity significant under DOT Regulatory (supporting) structure to detect cracking in for public comment, comments are the area surrounding the fastener holes, and Policies and Procedures, a final to detect broken or missing fasteners, in invited on this rule. Interested persons regulatory evaluation will be prepared are invited to comment on this rule by accordance with Boeing Alert Service and placed in the Rules Docket. A copy Bulletin 747–53A2428, dated December 17, submitting such written data, views, or of it, if filed, may be obtained from the 1998, at the time specified in paragraph (a)(1) arguments as they may desire. Rules Docket at the location provided or (a)(2) of this AD, as applicable. Thereafter, Communications shall identify the under the caption ADDRESSES. repeat the inspection at intervals not to Rules Docket number and be submitted exceed 3,000 flight hours. in triplicate to the address specified List of Subjects in 14 CFR Part 39 (1) For airplanes identified as Group 1: under the caption ADDRESSES. All Air transportation, Aircraft, Aviation Within 30 days after the effective date of this AD. communications received on or before safety, Incorporation by reference, the closing date for comments will be (2) For airplanes identified as Groups 2, 3, Safety. and 4: Within 90 days after the effective date considered, and this rule may be Adoption of the Amendment of this AD. amended in light of the comments Note 2: For the purposes of this AD, a received. Factual information that Accordingly, pursuant to the detailed inspection is defined as: ‘‘An supports the commenter’s ideas and authority delegated to me by the intensive visual examination of a specific suggestions is extremely helpful in Administrator, the Federal Aviation structural area, system, installation or evaluating the effectiveness of the AD Administration amends part 39 of the assembly to detect damage, failure or action and determining whether Federal Aviation Regulations (14 CFR irregularity. Available lighting is normally additional rulemaking action would be part 39) as follows: supplemented with a direct source of good needed. lighting at intensity deemed appropriate by Comments are specifically invited on PART 39ÐAIRWORTHINESS the inspector. Inspection aids such as mirror, magnifying lenses, etc. may be used. Surface the overall regulatory, economic, DIRECTIVES cleaning and elaborate access procedures environmental, and energy aspects of may be required.’’ the rule that might suggest a need to 1. The authority citation for part 39 modify the rule. All comments continues to read as follows: Corrective Actions submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. (b) If any cracking is found, or if any fastener is broken or missing, during any and after the closing date for comments, § 39.13 [Amended] in the Rules Docket for examination by inspection required by paragraph (a) of this 2. Section 39.13 is amended by AD, prior to further flight: Repair in interested persons. A report that accordance with a method approved by the summarizes each FAA-public contact adding the following new airworthiness directive: Manager, Seattle Aircraft Certification Office concerned with the substance of this AD (ACO), FAA, Transport Airplane Directorate; will be filed in the Rules Docket. 99–14–04 Boeing: Amendment 39–11212. or in accordance with data meeting the type Commenters wishing the FAA to Docket 99–NM–45–AD. certification basis of the airplane approved acknowledge receipt of their comments Applicability: Model 747–300 series by a Boeing Company Designated submitted in response to this rule must airplanes, as listed in Boeing Alert Service Engineering Representative who has been submit a self-addressed, stamped Bulletin 747–53A2428, dated December 17, authorized by the Manager, Seattle ACO, to postcard on which the following 1998; and Model 747–400 series airplanes make such findings. Repeat the detailed visual inspection of the SATCOM rack and statement is made: ‘‘Comments to equipped with a Boeing installed E–42 satellite communications (SATCOM) rack; fuselage (supporting) structure thereafter at Docket Number 99–NM–45–AD.’’ The certificated in any category. the intervals specified by paragraph (a) of postcard will be date stamped and this AD. Note 1: This AD applies to each airplane returned to the commenter. identified in the preceding applicability Reporting Requirements Regulatory Impact provision, regardless of whether it has been (c) Submit a report of the initial inspection modified, altered, or repaired in the area The regulations adopted herein will findings (positive and negative) to Boeing subject to the requirements of this AD. For Commercial Airplane Group, Attention: not have substantial direct effects on the airplanes that have been modified, altered, or States, on the relationship between the Manager, Airline Support, P.O. Box 3707, repaired so that the performance of the Seattle, Washington 98124–2207; at the time national government and the States, or requirements of this AD is affected, the specified in paragraph (c)(1) or (c)(2) of this on the distribution of power and owner/operator must request approval for an AD, as applicable. The report must include responsibilities among the various alternative method of compliance in a description of any discrepancy found, the levels of government. Therefore, in accordance with paragraph (d) of this AD. airplane serial number, the number of accordance with Executive Order 12612, The request should include an assessment of landings and flight hours on the airplane, the effect of the modification, alteration, or it is determined that this final rule does and, when possible, sketches and repair on the unsafe condition addressed by photographs of the inspected area. not have sufficient federalism this AD; and, if the unsafe condition has not implications to warrant the preparation Information collection requirements been eliminated, the request should include contained in this regulation have been of a Federalism Assessment. specific proposed actions to address it. approved by the Office of Management and The FAA has determined that this Compliance: Required as indicated, unless Budget (OMB) under the provisions of the regulation is an emergency regulation accomplished previously. Paperwork Reduction Act of 1980 (44 U.S.C. that must be issued immediately to To detect and repair cracking of the E–42 3501 et seq.) and have been assigned OMB correct an unsafe condition in aircraft, SATCOM rack and its supporting structure, Control Number 2120–0056.

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(1) For airplanes on which the initial DEPARTMENT OF TRANSPORTATION the current statutory authority language inspection is accomplished after the effective in 46 U.S.C. 12302. date of this AD: Submit the report within 10 Coast Guard days after performing the initial inspection Section 179.03 required by paragraph (a) of this AD. 33 CFR Parts 3, 4, 40, 84, 96, 117, 127, This rule revises § 179.03 to clarify (2) For airplanes on which the initial 138, 151, 154, 159, 160, 164, 165, 167, the meaning of the term ‘‘Associated inspection has been accomplished prior to 174, 175, 179, 181, and 183 equipment’’ as used in part 179 for the effective date of this AD: Submit the [USCG±1999±5832] defect notification requirements by report within 30 days after the effective date adding the words ‘‘as used in this part’’. of this AD. Technical Amendments; Section 181.21 Alternative Methods of Compliance Organizational Changes; Miscellaneous Editorial Changes and This rule removes an outdated (d) An alternative method of compliance or Conforming Amendments certification date. adjustment of the compliance time that provides an acceptable level of safety may be AGENCY: Coast Guard, DOT. Sections 183.37 and 183.43 used if approved by the Manager, Seattle ACTION: Final rule. This rule revises the section headings ACO. Operators shall submit their requests in §§ 183.37 and 183.43 by adding the through an appropriate FAA Principal SUMMARY: This rule makes editorial and technical changes throughout Title 33 of words ‘‘outboard motors’’ to reflect that Maintenance Inspector, who may add the sections apply to outboard motors. comments and then send it to the Manager, the Code of Federal Regulations (CFR) to Seattle ACO. update the title before it is recodified on Sections 183.101, 183.201, and 183.301 July 1, 1999. It corrects addresses, Note 3: Information concerning the These sections contain references to updates cross-references, makes existence of approved alternative methods of boats constructed on or after July 31, conforming amendments, and makes compliance with this AD, if any, may be 1978, the effective date of Subparts F, G, other technical corrections. This rule obtained from the Seattle ACO. and H of the Flotation Standard. Boats will have no substantive effect on the manufactured prior to that date still Special Flight Permits regulated public. exist, but the standard is a manufacturer (e) Special flight permits may be issued in DATES: This final rule is effective June requirement applicable to new boats, accordance with sections 21.197 and 21.199 30, 1999. and the effective date is no longer of the Federal Aviation Regulations (14 CFR ADDRESSES: Documents as indicated in needed. This rule removes the effective 21.197 and 21.199) to operate the airplane to this preamble are available for date. a location where the requirements of this AD inspection or copying at the Docket can be accomplished, provided that all the Management Facility, (USCG–1999– Section 183.401 equipment is removed from the E–42 5832), U.S. Department of The text of paragraph (a) is clarified SATCOM rack. Transportation, room PL–401, 400 by moving the words ‘‘except outboard Incorporation by Reference Seventh Street SW., Washington, DC, engines’’ from the end of the sentence 20590–0001, between 9 a.m. and 5 p.m., (f) The inspections shall be done in to immediately follow the words Monday through Friday, except Federal accordance with Boeing Alert Service ‘‘gasoline engines’’ and by adding the Bulletin 747–53A2428, dated December 17, holidays. You may also find this docket word ‘‘generation’’ following the word 1998. This incorporation by reference was on the Internet at http://dms.dot.gov. ‘‘electrical’’ to conform the wording in approved by the Director of the Federal FOR FURTHER INFORMATION CONTACT: For § 183.401 to the wording in § 183.501. questions on this rule, contact Ms. Janet Register in accordance with 5 U.S.C. 552(a) Section 183.601 and 1 CFR part 51. Copies may be obtained Walton, Project Manager, Standards from Boeing Commercial Airplane Group, Evaluation and Development Division Section 183.601 contains a reference P.O. Box 3707, Seattle, Washington 98124– (G–MSR–2), Coast Guard, telephone to boats that were built after July 31, 2207. Copies may be inspected at the FAA, 202–267–0257. For questions on 1980, except that the manufacturer may Transport Airplane Directorate, 1601 Lind viewing, or submitting material to, the elect to comply any time after July 31, Avenue, SW., Renton, Washington; or at the docket, contact Dorothy Walker, Chief, 1978. Boats manufactured prior to these Office of the Federal Register, 800 North Dockets, Department of Transportation, dates still exist, but the standard is a Capitol Street, NW., suite 700, Washington, telephone 202–366–9329. manufacturer requirement applicable to DC. SUPPLEMENTARY INFORMATION: new boats. The dates are no longer (g) This amendment becomes effective on needed. This rule removes the dates. Discussion of the Rule July 14, 1999. Section 183.701 Issued in Renton, Washington, on June 22, Each year Title 33 of the Code of 1999. Federal Regulations is recodified on July Section 183.701 contains a reference 1. This rule makes editorial changes to the fact that the subpart applies to D.L. Riggin, throughout the title, corrects addresses, outboard motors and controls Acting Manager, Transport Airplane updates cross-references, and makes manufactured after August 1, 1982. Directorate, Aircraft Certification Service. other technical and editorial corrections Outboard motors and controls [FR Doc. 99–16326 Filed 6–28–99; 8:45 am] to be included in the recodification. manufactured prior to that date still BILLING CODE 4910±13±P Some editorial changes are discussed exist, but the standard is a manufacturer individually in the following requirement applicable to new engines paragraphs. This rule does not change and controls. The date is no longer any substantive requirements of existing needed. This rule removes the date. regulations. Regulatory Evaluation Sections 174.14, 174.19, and 174.106 This rule is not a significant In these sections the rule changes the regulatory action under section 3(f) of word ‘‘boat’’ to ‘‘vessel’’ to conform to Executive Order 12866 and does not

VerDate 18-JUN-99 16:07 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.XXX pfrm01 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34711 require an assessment of potential costs significant rule and does not concern an 33 CFR Part 160 and benefits under section 6(a)(3) of that environmental risk to health or risk to Administrative practice and Order. It has not been reviewed by the safety that may disproportionately affect procedure, Harbors, Hazardous Office of Management and Budget under children. materials transportation, Marine safety, that Order. It is not significant under the Environment Navigation (water), Reporting and regulatory policies and procedures of We considered the environmental recordkeeping requirements, Vessels, the Department of Transportation (DOT) Waterways. (44 FR 11040; February 26, 1979). We impact of this rule and concluded that, expect the economic impact of this rule under figure 2–1, paragraph (34)(a) and 33 CFR Part 164 (b) of Commandant Instruction to be so minimal that a full Regulatory Marine safety, Navigation (water), M16475.lC, this rule is categorically Evaluation under paragraph 10e of the Reporting and recordkeeping excluded from further environmental regulatory policies and procedures of requirements, Waterways. DOT is unnecessary. As this rule documentation. This exclusion is in involves internal agency practices and accordance with paragraphs (34)(a) and 33 CFR Part 165 procedures, it will not impose any costs (b), concerning regulations that are Harbors, Marine safety, Navigation on the public. editorial or procedural and concerning (water), Reporting and recordkeeping internal agency functions or Collection of Information requirements, Security measures, organization. A ‘‘Categorical Exclusion Waterways. This rule will call for no new Determination’’ is available in the collection of information under the docket where indicated under 33 CFR Part 167 Paperwork Reduction Act of 1995 (44 ADDRESSES. Harbors, Marine safety, Navigation U.S.C. 3501–3520). List of Subjects (water), Waterways. Federalism 33 CFR Part 3 33 CFR Part 174 We have analyzed this rule under E.O. Organization and functions Intergovernmental relations, Marine 12612 and have determined that this (Government agencies). safety, Reporting and recordkeeping rule does not have sufficient requirements. implications for federalism to warrant 33 CFR Part 4 the preparation of a Federalism Reporting and recordkeeping 33 CFR Part 175 Assessment. requirements. Marine safety. Unfunded Mandates Reform Act and 33 CFR Part 40 33 CFR Part 179 Enhancing the Intergovernmental Military academies. Partnership Marine safety, Reporting and recordkeeping requirements. The Unfunded Mandates Reform Act 33 CFR Part 84 of 1995 (2 U.S.C. 1531–1538) and E.O. Navigation (water), Waterways. 33 CFR Part 181 12875, Enhancing the Intergovernmental 33 CFR Part 96 Labeling, Marine safety, Reporting Partnership, (58 FR 58093, October 28, and recordkeeping requirements. 1993) govern the issuance of Federal Administrative practice and regulations that require unfunded procedure, Incorporation by reference, 33 CFR Part 183 mandates. An unfunded mandate is a Marine safety, Reporting and Marine safety. recordkeeping requirements, Safety regulation that requires a State, local, or For the reasons set out in the management systems, Vessels. tribal government or the private sector preamble, the Coast Guard amends 33 to incur direct costs without the Federal 33 CFR Part 117 CFR parts 3, 4, 40, 84, 96, 117, 127, 138, Government’s having first provided the Bridges. 151, 154, 159, 160, 164, 165, 167, 174, funds to pay those costs. This proposed 175, 179, 181, and 183 as follows: rule would not impose an unfunded 33 CFR Part 127 mandate. Fire prevention, Harbors, Natural gas, PART 3ÐCOAST GUARD AREAS, DISTRICTS, MARINE INSPECTION Taking of Private Property Reporting and recordkeeping requirements, Security measures. ZONES, AND CAPTAIN OF THE PORT This rule will not effect a taking of ZONES private property or otherwise have 33 CFR Part 138 taking implications under E.O. 12630, 1. The authority citation for part 3 Insurance, Maritime carriers, continues to read as follows: Governmental Actions and Interference Reporting and recordkeeping with Constitutionally Protected Property requirements, Water pollution control. Authority: 14 U.S.C. 633; 49 CFR 1.45, Rights. 1.46. 33 CFR Part 151 2. Revise § 3.35–1(b) to read as Civil Justice Reform Administrative practice and follows: This rule meets applicable standards procedure, Oil pollution, Penalties, § 3.35±1 Seventh district. in sections 3(a) and 3(b)(2) of E.O. Reporting and recordkeeping 12988, Civil Justice Reform, to minimize requirements, Water pollution control. * * * * * litigation, eliminate ambiguity, and (b) The Seventh Coast Guard District reduce burden. 33 CFR Part 154 is comprised of the states of South Carolina, Georgia and Florida, except for Protection of Children Fire prevention, Hazardous substances, Oil pollution, Reporting and that part of Georgia and Florida west of We have analyzed this rule under E.O. recordkeeping requirements. a line from the intersection of the 13045, Protection of Children from Florida coast with Longitude 83°50′W. Environmental Health Risks and Safety 33 CFR Part 159 (30°00′N., 83°50′W.) due north to a Risks. This rule is not an economically Sewage disposal, Vessels. position 30°15′N., 83°50′W.; thence due

VerDate 18-JUN-99 16:07 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.XXX pfrm01 PsN: 29JNR1 34712 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations west to a position 30°15′N., 84°45′W.; Caribbean Sea, Gulf of Mexico and the the intersection of longitude 83°50′W. thence due north to the intersection Straits of Florida areas encompassed by and the western coastline of Florida with the south shore of the Jim a line originating at the state boundary (30°00′N., 83°50′W.). Woodruff Reservoir; thence along the between North Carolina and South east bank of the Jim Woodruff Reservoir Carolina, and extending southeasterly PART 4ÐOMB CONTROL NUMBERS and the east bank of the Flint River up through 30°57′N., 73°06′W. and ASSIGNED PURSUANT TO THE stream to Montezuma, GA, thence 29°00′N., 69°19′W. to 12°00′N., PAPERWORK REDUCTION ACT northwesterly to West Point, GA. Also 43°00′W.; thence southwesterly to included is the Panama Canal Zone, all 10°00′N., 48°00′W.; thence westerly to 3. The authority citation for part 4 the island possessions of the United 09°20′N., 57°00′W.; thence due west to continues to read as follows: States pertaining to Puerto Rico and the the coastline of South America; thence Authority: 44 U.S.C. 3507; 49 CFR 1.45(a). U.S. Virgin Islands; and the U.S. Naval westerly and northerly along the north 4. In § 4.02, revise the entry for reservations in the islands of the West coast of South America, and the eastern §§ 181.21 through 181.31 and add a new Indies and on the north coast of South coasts of Central America and Mexico to entry for ‘‘Part 183’’ to read as follows: America. The ocean areas are those the Yucatan Peninsula at 21°25′N., portions of the western North Atlantic, 87°11′W.; thence along a line 019°T to § 4.02 Display.

Current OMB 33 CFR part or section where identified and described control No.

******* Section 181.21 through 181.31 ...... 2115±0573 Part 183 ...... 2115±0573

PART 40ÐCADETS OF THE COAST freight vessel, freight vessel, or a self- § 117.773 [Amended] GUARD propelled mobile offshore drilling unit 16. In § 117.773(c), remove the word of 500 gross tons or more, when engaged ‘‘Conrail’’ and add, in its place, the 5. The authority citation for part 40 on foreign voyages or within U.S. word ‘‘CSX Transportation’’. continues to read as follows: waters. § 117.785 [Amended] Authority: 14 U.S.C. 182 and 633; 49 CFR * * * * * 1.46(b). 17. In § 117.785(b), remove the word ‘‘Conrail’’ and add, in its place, the PART 117ÐDRAWBRIDGE § 40.1 [Amended] word ‘‘CSX Transportation’’. 6. In § 40.1, remove the number OPERATION REGULATIONS ‘‘06230’’ and add, in its place, the § 117.791 [Amended] number ‘‘06320’’. 11. The authority citation for part 117 18. In § 117.791(c), remove the word continues to read as follows: ‘‘Conrail’’ and add, in its place, the PART 84ÐANNEX I: POSITIONING Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 word ‘‘CSX Transportation’’. AND TECHNICAL DETAILS OF LIGHTS CFR 1.05–1(g); section 117.255 also issued § 117.821 [Amended] AND SHAPES under the authority of Pub. L. 102–587, 106 Stat. 5039. 19. In § 117.821, redesignate 7. The authority citation for part 84 paragraph (a)(7) as (a)(6). continues to read as follows: § 117.147 [Amended] § 117.847 [Amended] Authority: 33 U.S.C. 2071; 49 CFR 1.46. 12. In § 117.147, in paragraph (a), 20. In § 117.847(b), remove the words § 84.27 [Redesignated as § 84.24] remove the number ‘‘4.5’’ and add, in its ‘‘Conrail bridge, mile 2.2’’ and add, in their place, the words ‘‘Norfolk 8. Redesignate § 84.27 as § 84.24. place, the number ‘‘4.9’’; and in paragraph (b), remove the number ‘‘4.4’’ Southern bridge, mile 1.5’’. PART 96ÐRULES FOR THE SAFE and add, in its place, the number ‘‘4.8’’. § 117.851 [Amended] OPERATION OF VESSELS AND § 117.169 [Amended] 21. In § 117.851(d), remove the word SAFETY MANAGEMENT SYSTEMS ‘‘Conrail’’ and add, in its place, the 9. The authority citation for part 96 13. In § 117.169(b), remove the words words ‘‘Norfolk Southern’’. continues to read as follows: ‘‘Southern Pacific’’ and add, in their place, the words ‘‘Northwestern § 117.853 [Amended] Authority: 46 U.S.C. 3201 et seq.; 46 U.S.C. Pacific’’. 22. In § 117.853, remove the word 3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 49 CFR ‘‘Conrail’’ and add, in its place, the 1.45, 49 CFR 1.46. § 117.191 [Amended] words ‘‘Norfolk Southern’’. 10. In § 96.340, revise paragraph (d) to 14. In § 117.191(b), remove the words read as follows: § 117.855 [Amended] ‘‘Atchison, Topeka and Santa Fe’’ and 23. In § 117.855(c), introductory text, § 96.340 Safety Management Certificate: add, in their place, the words remove the words ‘‘Norfolk and What is it and when is it needed? ‘‘Burlington Northern Santa Fe’’. Western’’ and add, in their place, the * * * * * § 117.393 [Amended] words ‘‘Norfolk Southern’’; and remove (d) A copy of your vessel’s valid the word ‘‘Conrail’’ and add, in its Safety Management Certificate must be 15. In § 117.393(b)(6), remove the place, the words ‘‘Norfolk Southern’’. on board all U.S. and foreign vessels words ‘‘Chicago and Northwestern’’ and 24. In appendix A to part 117, revise which carry more than 12 passengers, add, in their place, the words ‘‘Union the entries for California, Oregon, and and must be on board a tanker, bulk Pacific’’. Washington to read as follows:

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Appendix A to Part 117 [Revised]

APPENDIX A TO PART 117ÐDRAWBRIDGES EQUIPPED WITH

Calling Working Waterway Mile Location Bridge name and owner Call sign channel channel

*******

CALIFORNIA

Carquinez Strait ...... 7.0 Martinez ...... Union Pacific RR ...... KQ 7193 .. 16 14 Cerritos Channel ...... 4.8 Long Beach ...... Henry Ford (Badger) Ave- WHX 947 16 13 nue, Port of Los Angeles. 4.9 Long Beach ...... Schuyler Heim, CA DOT ..... KXJ 749 ... 16 13 Channel Street ...... 0 San Francisco ...... 3rd Street, San Francisco .... WXY 959 16 9 0.2 San Francisco ...... 4th Street, San Francisco .... WXY 970 16 9 Connection Slough ...... 2.5 Mandeville Island ...... South Real Estate Company WHV 225 16 9 Cordelia Slough ...... 1.5 Benicia ...... Union Pacific RR ...... KA 98642 16 9 Georgianna Slough ...... 4.5 Isleton ...... Tyler Island, Sacramento Co WHU 246 16 9 12.4 Walnut Grove ...... Georgianna Sl, Sacramento, WHU 254 16 9 Co. Islais Creek ...... 0.4 San Francisco ...... 3rd Street, San Francisco .... WXY 977 16 9 Little Potato Slough ...... 1.0 Terminous ...... Potato Slough, CA DOT, KSK 278 .. 16 9 SR12. Middle River ...... 8.6 Bacon Island ...... Bacon Island, San Joaquin WBE 8326 16 9 Co. Mokelumne River ...... 3.0 Isleton ...... Mokelumne, CA DOT, SR12 KMJ 382 .. 16 9 12.1 Walnut Grove ...... Millers Ferry, Sacramento, WBE 8326 16 9 Co. Napa River ...... 2.8 Vallejo ...... Mare Island Causeway, Military li- 16 13 Navy. cense only, No FCC. Oakland Inner Harbor Tidal Canal ...... 5.2 Oakland ...... Park Street, Alameda Coun- WHX 996 16 9 ty. 5.6 Oakland ...... Fruitvale Avenue, Alameda WQB 330 16 9 County. 6.0 Oakland ...... High Street, Alameda Coun- WHX 488 16 9 ty. Old River ...... 10.4 Orwood ...... Burlington Northern Santa WHU 322 16 9 Fe Railroad Bridge. 14.8 Victoria Island ...... Victoria Island, CA DOT ...... KXE 301 .. 16 9 Pacheco Creek ...... 1.1 Martinez ...... Avon, Union Pacific RR ...... KA 97324 16 9 Petaluma River ...... 13.7 Petaluma ...... D Street Bridge, Petaluma ... WQX 644 16 9 Sacramento River ...... 12.8 Rio Vista ...... Rio Vista, CA DOT, SR12 ... KMJ 384 .. 16 9 15.7 Isleton ...... Isleton, CA DOT, SR160 ..... KMJ 383 .. 16 9 26.7 Walnut Grove ...... Walnut Grove, Sacto Co., KMJ 491 .. 16 9 SR E±13. 33.4 Paintersville ...... Paintersville, CA DOT, KMJ 381 .. 16 9 SR160. 46.0 Freeport ...... Freeport Sacto Co., SR E±9 KMJ 490 .. 16 9 59.0 Sacramento ...... Tower Bridge, CA DOT ...... KDO 739 16 9 59.4 Sacramento ...... I Street Union Pacific RR .... WHW 554 16 9 San Leandro Bay ...... 0 Alameda ...... Bay Farm Island, CA DOT .. WHX 870 16 9 Steamboat Slough ...... 11.2 Courtland ...... Steamboat Slough, CA WHX 295 16 9 DOT, SR160. Three Mile Slough ...... 0.1 Rio Vista ...... Three Mile Slough, CA DOT, KMJ 385 .. 16 9 SR160. Turner Cut ...... 2.3 McDonald Island ...... Zuckerman Bros. Br, Delta WHV 959 16 9 Farms.

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OREGON

Coos Bay ...... 9.0 North Bend ...... Union Pacific RR ...... KT 2006 ... 18A 13 Willamette River ...... 6.9 St. Johns ...... Burlington Northern Santa KQ 9050 .. 16 13 Fe RR. 11.7 Portland ...... Broadway Multnomah Co .... KLU 724 .. 16 13 12.1 Portland ...... Steel Union Pacific RR ...... KQU 534 16 13 12.4 Portland ...... Burnside Multnomah Co ...... KTD 520 .. 16 13 12.8 Portland ...... Morrison, Multnomah Co ..... KTD 522 .. 16 13 13.1 Portland ...... Hawthorne Multnomah Co ... KTD 521 .. 16 13 Youngs Bay ...... 0.7 Astoria ...... OR DOT, US26 ...... WHG 914 16 13

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APPENDIX A TO PART 117ÐDRAWBRIDGES EQUIPPED WITH RADIOTELEPHONESÐContinued

Calling Working Waterway Mile Location Bridge name and owner Call sign channel channel

*******

WASHINGTON

Blair Waterway ...... 0.3 Tacoma ...... WA DOT, 11th Street ...... KZN 573 .. 16 13 Chehalis River ...... 0.1 Aberdeen ...... WA DOT, US101 ...... KJA 289 ... 16 13 Columbia River ...... 105.6 Vancouver/Portland ... Burlington Northern Santa KQ 9049 .. 16 13 Fe RR. 106.5 Vancouver/Portland ... OR DOT, 15 ...... KBM Inter- 16 13 state. 169.8 Hood River, OR ...... Port of Hood River ...... KTD 562 .. 16 13 201.2 Celilo, OR ...... Burlington Northern Santa KQ 9048 .. 16 13 Fe RR. 323.4 Pasco/Kennewick ...... Union Pacific RR ...... KTD 561 .. 16 13 328.0 Pasco/Kennewick ...... Burlington Northern Santa KQ 9046 .. 16 13 Fe RR. Duwamish Waterway ...... 0.4 Seattle ...... Spokane St., City of Seattle KSK 285 .. 13 13 2.5 Seattle ...... 1st Ave. So. City of Seattle WHU 200 13 13 Ebey Slough ...... 1.6 Marysville ...... WA DOT, US529 ...... KZ 2475 ... 13 13 Hood Canal ...... Port Gamble ...... WA DOT, Hood Canal Bride KZJ 376 ... 16 13 Hylebos Waterway ...... 1.1 Tacoma ...... WA DOT, 11th Street ...... KZN 574 .. 16 13 Lake Washington Ship Canal ...... 0.1 Seattle ...... Burlington Northern Santa KCE 201 .. 16 13 Fe RR. 1.1 Seattle ...... Ballard, City of Seattle ...... KJA 445 ... 13 13 2.6 Seattle ...... Fremont, City of Seattle ...... KJA 442 ... 13 13 4.3 Seattle ...... University, City of Seattle .... KJA 441 ... 13 13 5.2 Seattle ...... Montlake, City of Seattle ..... KJA 438 ... 13 13 Snake River ...... 1.5 East Pasco/Burbank .. Burlington Northern Santa KQ 9047 .. 16 13 Fe RR.

*******

PART 127ÐWATERFRONT FACILITIES PART 138ÐFINANCIAL 31. In § 151.04, revise paragraph (d) to HANDLING LIQUEFIED NATURAL GAS RESPONSIBILITY FOR WATER read as follows: AND LIQUEFIED HAZARDOUS GAS POLLUTION (VESSELS) § 151.04 Penalties for violation. 25. The authority citation for part 127 28. The authority citation for part 138 * * * * * continues to read as follows: continues to read as follows: (d) A ship operated in violation of Authority: 33 U.S.C. 1231; 49 CFR 1.46. Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. MARPOL 73/78, the Act, or the 26. In § 127.003(b), revise the entry for 9608, 9609; sec. 7(b), E.O. 12580, 3 CFR, 1987 regulations of this subpart is liable in American Society of Mechanical Comp., p. 198; E.O. 12777, 3 CFR 1991 rem for any civil penalty covered by Engineers (ASME) to read as follows: Comp., p. 351; 49 CFR 1.46. paragraph (a) or (b) of this section, or § 127.003 Incorporation by reference. § 138.40 [Amended] any fine covered by paragraph (c) of this section, and may be proceeded against * * * * * 29. In § 138.40(a), remove the words (b) * * * in the United States District Court of ‘‘(703) 235–4813, 248324 any district in which the ship may be (Answerback CGNPFCUR), Telefax (703) American Society of Mechanical Engineers found. (ASME) 235–4835’’ and add, in their place, the Three Park Avenue, New York, NY 10016– words ‘‘(202) 493–6780, Telefax (202) PART 154ÐFACILITIES 5990: 493–6781’’. TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK ASME B31.3, CHEMICAL PLANT AND PART 151ÐVESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, PETROLEUM REFINERY GARBAGE, MUNICIPAL OR 32. The authority citation for part 154 continues to read as follows: Piping, 1993 ...... 127.1101 COMMERCIAL WASTE, AND BALLAST WATER Authority: 33 U.S.C. 1231, 1321(j)(1)(C), * * * * * (j)(5), (j)(6) and (M)(2); sec. 2, E.O. 12777, 56 30. The authority citation for part 151, FR 54757; 49 CFR 1.46. Subpart F is also § 127.1501 [Amended] subpart A, continues to read as follows: issued under 33 U.S.C. 2735. 27. In § 127.1501(a), remove the Authority: 33 U.S.C. 1321 and 1903; Pub. number ‘‘§ 127.103’’ and add, in its L. 104–227 (110 Stat. 3034), E.O. 12777, 3 place, the number ‘‘§ 127.1307’’. CFR, 1991 Comp. p. 351; 49 CFR 1.46.

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Appendix A to Part 154—Guidelines for Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. § 167.154 Off New York: South-eastern Detonation Flame Arresters [Amended] 2103, 3703; 49 CFR 1.46. Sec. 164.13 also approach. issued under 46 U.S.C. 8502. Sec. 164.61 also * * * * * 33. In paragraph 14.3.5.2(1) of issued under 46 U.S.C. 6101. appendix A, remove the words 53. In § 167.155, revise the section ‘‘American Society for Testing and § 164.72 [Amended] heading to read as follows: Materials, 1916 Race St., Philadelphia, 42. In § 164.72, redesignate paragraph PA 19103’’ and add, in their place, the (b)(3) as paragraph (b)(2). § 167.155 Off New York: Southern approach. words ‘‘American Society for Testing and Materials (ASTM), 100 Barr Harbor PART 165ÐREGULATED NAVIGATION * * * * * Dr., West Conshohocken, PA 19428– AREAS AND LIMITED ACCESS AREAS 54. In § 167.200, revise the section 2959’’. 43. Revise the authority citation for heading to read as follows: 34. In paragraph 14.3.5.2(2) of part 165 to read as follows: appendix A, remove the words § 167.200 In the approaches to ‘‘American Society of Mechanical Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Chesapeake Bay Traffic Separation Scheme: General. Engineers, 345 E. 47th St., New York, 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 NY 10017’’ and add, in their place, the CFR 1.46. * * * * * words ‘‘American Society of Mechanical 44. In § 165.100, add a new paragraph 55. In § 167.201, revise the section Engineers International, Three Park (e) to read as follows: heading to read as follows: Avenue, New York, NY 10016–5990’’. § 165.100 Regulated Navigation Area: § 167.201 In the approaches to Appendix B to Part 154—Standard Navigable Waters within the First Coast Chesapeake Bay: Precautionary area. Specification for Tank Vent Flame Guard District. * * * * * Arresters [Amended] * * * * * 56. In § 167.202, revise the section (e) In addition to the authority for this 35. In paragraph 3.3.3(1) of appendix heading to read as follows: B, remove the words ‘‘American Society part 165, this section is also authorized for Testing and Materials, 1916 Race St., under authority of section 311, Pub. L. § 167.202 In the approaches to Philadelphia, PA 19103’’ and add, in 105–383. Chesapeake Bay: Eastern approach. their place, the words ‘‘American 45. In § 165.170, revise the section * * * * * heading to read as follows: Society for Testing and Materials 57. In § 167.203, revise the section (ASTM), 100 Barr Harbor Dr., West § 165.170 Safety Zone; Annual Heritage of heading to read as follows: Conshohocken, PA 19428–2959’’. Pride Fireworks Display, Hudson River, New 36. In paragraph 3.3.3(2) of appendix York. § 167.203 In the approaches to Chesapeake Bay: Southern approach. B, remove the words ‘‘American Society * * * * * of Mechanical Engineers, 345 E. 47th 46. In § 165.905, revise the section * * * * * St., New York, NY 10017’’ and add, in heading to read as follows: 58. In § 167.350, revise the section their place, the words ‘‘American heading to read as follows: Society of Mechanical Engineers § 165.905 USX Superfund Site Safety International, Three Park Avenue, New Zones: St. Louis River. § 167.350 In the approaches to Galveston York, NY 10016–5990’’. * * * * * Bay Traffic Separation Scheme and precautionary areas. PART 159ÐMARINE SANITATION PART 167ÐOFFSHORE TRAFFIC * * * * * DEVICES SEPARATION SCHEMES PART 174ÐSTATE NUMBERING AND 37. The authority citation for part 159 47. The authority citation for part 167 CASUALTY REPORTING SYSTEMS continues to read as follows: continues to read as follows: Authority: Sec. 312(b)(1), 86 Stat. 871 (33 Authority: 33 U.S.C. 1223; 49 CFR 1.46. 59. The authority citation for part 174 U.S.C. 1322(b)(1)); 49 CFR 1.45(b) and 1.46(l) continues to read as follows: and (m). 48. In § 167.150, revise the section heading to read as follows: Authority: 46 U.S.C. 6101, 12302; 49 CFR § 159.201 [Amended] 1.46. § 167.150 Off New York Traffic Separation 38. In § 159.201, remove the word Scheme: General. §§ 174.14, 174.19, and 174.106 [Amended] ‘‘(G–MSE–4)’’ and add, in its place, the word ‘‘(G–MSE–3)’’. * * * * * 60. In 33 CFR part 174, remove the 49. In § 167.151, revise the section word ‘‘boat’’ and add, in its place, the PART 160ÐPORTS AND WATERWAYS heading to read as follows: word ‘‘vessel’’ in the following sections: SAFETY±GENERAL § 167.151 Off New York: Precautionary (a) Section 174.14; 39. The authority citation for part 160 areas. (b) Section 174.19(e); and continues to read as follows: * * * * * (c) Section 174.106. Authority: 33 U.S.C. 1223, 1231; 49 CFR 50. In § 167.152, revise the section 1.46. heading to read as follows: PART 175ÐEQUIPMENT REQUIREMENTS § 160.203 [Amended] § 167.152 Off New York: Eastern approach, off Nantucket. 40. In § 160.203, in the definition of 61. The authority citation for part 175 hazardous condition, in the last * * * * * continues to read as follows: 51. In § 167.153, revise the section sentence, add a comma immediately Authority: 46 U.S.C. 4302; 49 CFR 1.46. following the word ‘‘damage’’. heading to read as follows: § 167.153 Off New York: Eastern approach, §§ 175.120, 175.125, and 175.128 PART 164ÐNAVIGATION SAFETY off Ambrose Light. [Amended] REGULATIONS * * * * * 62. In 33 CFR part 175, remove the 41. The authority citation for part 164 52. In § 167.154, revise the section designator for paragraph (a) in the continues to read as follows: heading to read as follows: following sections:

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(a) Section 175.120; § 183.110 [Amended] outboard engines, for electrical (b) Section 175.125; and 74. In § 183.110, in the definition of generation, mechanical power, or (c) Section 175.128. Sealed compartment, remove the word propulsion. ‘‘seppage’’ and add, in its place, the PART 179ÐDEFECT NOTIFICATION * * * * * word ‘‘seepage’’. 63. The authority citation for part 179 75. In § 183.201, revise paragraph (a) § 183.514 [Amended] to read as follows: continues to read as follows: 84. In § 183.514(b), introductory text, Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, § 183.201 Applicability. remove the word ‘‘paragragh’’ and add, 4307, 4310, and 4311; 49 CFR 1.46. (a) This subpart applies to monohull in its place, the word ‘‘paragraph’’. § 179.03 [Amended] outboard boats that are: § 183.530 [Amended] 64. In § 179.03, in the definition of (1) Less than 20 feet in length; and Associated equipment, add the words ‘‘, (2) Rated for outboard engines of more 85. In § 183.530(c), remove the word as used in this part,’’ immediately than 2 horsepower. ‘‘serations’’ and add, in its place, the following the words ‘‘Associated * * * * * word ‘‘serrations’’; and remove the word equipment’’. ‘‘continous’’ and add, in its place, the § 183.205 [Amended] word ‘‘continuous’’. PART 181ÐMANUFACTURER 76. In § 183.205(c), in the last REQUIREMENTS sentence in the paragraph, add the word § 183.550 [Amended] ‘‘there’’ following the word ‘‘where’’. 65. The authority citation for part 181 86. In § 183.550(h), remove the word continues to read as follows: § 183.220 [Amended] ‘‘labled’’ and add, in its place, the word Authority: 46 U.S.C. 4302 and 4310; 49 77. In § 183.220(b)(1), add the words ‘‘labeled’’. CFR 1.46. ‘‘the first’’ immediately preceding the § 183.584 [Amended] number 550. § 181.15 [Amended] 87. In § 183.584 introductory text, add § 183.235 [Amended] 66. In § 181.15(a)(2)(ii), remove the the word ‘‘tank’’ immediately following words ‘‘or boat hull’’. 78. In § 183.235, introductory text, the word ‘‘fuel’’. § 181.21 [Amended] remove the words ‘‘(a), (d)’’ and add, in their place, the words ‘‘(a) and (d)’’. § 183.588 [Amended] 67. In § 181.21, remove paragraph (b) 79. In § 183.301, revise paragraph (a) and remove the designator for paragraph to read as follows: 88. In § 183.588(f), remove the word (a). ‘‘degree’’ and add, in its place, the word § 183.301 Applicability. ‘‘degrees’’. PART 183ÐBOATS AND ASSOCIATED (a) This subpart applies to monohull EQUIPMENT 89. Revise § 183.601 to read as outboard boats that are: follows: 68. The authority citation for part 183 (1) Less than 20 feet in length; and continues to read as follows: (2) Rated for manual propulsion or § 183.601 Applicability. outboard engines of 2 horsepower or Authority: 46 U.S.C. 4302; 49 CFR 1.46. This subpart applies to all boats that less. § 183.23 [Amended] have gasoline engines for electrical * * * * * generation, mechanical power, or 69. In § 183.23, add ‘‘a’’ following propulsion. ‘‘by’’ and preceding ‘‘Motor’’. § 183.335 [Amended] 80. In § 183.335 introductory text, § 183.620 [Amended] § 183.35 [Amended] remove the words ‘‘(a), (d)’’ and add, in 70. In § 183.35(b)(1), remove the word their place, the words ‘‘(a) and (d)’’; and 90. In § 183.620, add the word ‘‘displayed’’ and add, in its place, the in paragraph (a) remove the word ‘‘the’’ ‘‘NOTE:’’ at the beginning of the word ‘‘displaced’’. immediately preceding the word ‘‘heel’’. undesignated paragraph immediately 71. In § 183.37(a), remove the word 81. In § 183.401, revise paragraph (a) following paragraph (a)(5)(ii). ‘‘two’’ immediately preceding the word to read as follows: ‘‘horsepower’’ and add, in its place, the 91. Revise § 183.701 to read as number ‘‘2’’; and revise the section § 183.401 Purpose, applicability, and follows: effective dates. heading to read as follows: § 183.701 Applicability. (a) This subpart applies to all boats § 183.37 Maximum weight capacity: Boats that have gasoline engines, except This subpart applies to outboard rated for manual propulsion and boats rated motors and starting controls, and to for outboard motors of 2 horsepower or outboard engines, for electrical less. generation, mechanical power, or manufacturers, distributors or dealers propulsion. installing such equipment. * * * * * 72. In § 183.43, revise the section * * * * * Dated: June 18, 1999. heading to read as follows: § 183.440 [Amended] Joseph J. Angelo, § 183.43 Persons capacity: Boats rated for 82. In § 183.440(b), remove the word Acting Assistant Commandant for Marine manual propulsion and boats rated for ‘‘boots’’ and add, in its place, the word Safety and Environmental Protection. outboard motors of 2 horsepower or less. ‘‘boot’’. [FR Doc. 99–16367 Filed 6–28–99; 8:45 am] * * * * * 83. In § 183.501, revise paragraph (a) BILLING CODE 4910±15±P to read as follows: § 183.101 [Amended] 73. In § 183.101, remove the words § 183.501 Applicability. ‘‘the construction or assembly of which (a) This subpart applies to all boats is begun after July 31, 1978,’’. that have gasoline engines, except

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ENVIRONMENTAL PROTECTION Where You Can Find a Copy of the SIP approved SIPs, as a result of AGENCY Compilation consultations between EPA and OFR. The Format of the New Identification of Plan EPA began the process of developing: 40 CFR Part 52 Section (1) A revised SIP document for each When a SIP Revision Becomes Federally state that would be incorporated by [MO 065±1065; FRL±6364±3] Enforceable The Historical Record of SIP Revision reference under the provisions of 1 CFR Approval and Promulgation of Air Approvals part 51; (2) a revised mechanism for Quality Implementation Plans; Revised What EPA Is Doing in This Action announcing EPA approval of revisions Format for Materials Being How This Document Complies With the to an applicable SIP and updating both Incorporated by Reference for Missouri Federal Administrative Requirements for the IBR document and the CFR; and (3) Rulemaking a revised format of the ‘‘Identification of AGENCY: Environmental Protection Description of a SIP Plan’’ sections for each applicable Agency (EPA). subpart to reflect these revised IBR ACTION: Final rule; notice of Each state has a SIP containing the procedures. administrative change. control measures and strategies used to The description of the revised SIP attain and maintain the national document, IBR procedures, and SUMMARY: EPA is revising the format of ambient air quality standards (NAAQS). ‘‘Identification of Plan’’ format are 40 CFR part 52 for materials submitted The SIP is extensive, containing such discussed in further detail in the May by the state of Missouri that are elements as air pollution control 22, 1997, Federal Register document. incorporated by reference (IBR) into its regulations, emission inventories, How EPA Compiles the SIPs State Implementation Plan (SIP). The monitoring network, attainment regulations affected by this format demonstrations, and enforcement The Federally approved regulations change have all been previously mechanisms. and source-specific permits submitted submitted by the state agency and by Missouri have been organized by approved by EPA. How EPA Enforces SIPs EPA into a SIP compilation that EFFECTIVE DATE: This action is effective Each state must formally adopt the contains the updated regulations and June 29, 1999. control measures and strategies in the source-specific permits approved by ADDRESSES: SIP materials which are SIP after the public has had an EPA through previous rulemaking incorporated by reference into 40 CFR opportunity to comment on them. They actions in the Federal Register. The part 52 are available for inspection at are then submitted to EPA as SIP compilations are contained in three-ring the following locations: Environmental revisions on which EPA must formally binders and will be updated, primarily Protection Agency, Region VII, Air act. on an annual basis. The nonregulatory provisions are available by contacting Planning and Development Branch, 901 Once these control measures and Ed West at the Regional Office. North 5th Street, Kansas City, Kansas strategies are approved by EPA, after 66101; Office of Air and Radiation, notice and comment, they are How EPA Organizes the SIP Docket and Information Center (Air incorporated into the Federally Compilation Docket), Environmental Protection approved SIP and are identified in part Each compilation contains three parts. Agency, 401 M Street, SW, Room 52 (Approval and Promulgation of Part one contains the state regulations, M1500, Washington, DC 20460; and Implementation Plans), Title 40 of the part two contains the source-specific Office of the Federal Register, 800 North Code of Federal Regulations (40 CFR requirements that have been approved Capitol Street, NW, Suite 700, part 52). The full text of the state as part of the SIP, and part three Washington, DC. regulation approved by EPA is not contains nonregulatory provisions that FOR FURTHER INFORMATION CONTACT: reproduced in its entirety in 40 CFR part have been EPA-approved. Each part Edward West, Regional SIP Coordinator 52, but is ‘‘IBR.’’ This means that EPA consists of a table of identifying at the above Region VII address or at has approved a given state regulation information for each regulation, each (913) 551–7330. with a specific effective date. The public source-specific permit, and each SUPPLEMENTARY INFORMATION: This is referred to the location of the full text nonregulatory provision. The effective format revision will affect the version should they want to know dates in the tables indicate the date of ‘‘Identification of Plan’’ section of 40 which measures are contained in a the most recent revision of the CFR part 52, as well as the format of the given SIP. (Where you can find a copy regulation. The table of identifying SIP materials that will be available for of the SIP compilation.) The information information in the compilation public inspection at the Office of the provided allows EPA and the public to corresponds to the table of contents Federal Register (OFR); the Air and monitor the extent to which a state published in 40 CFR part 52 for the Radiation Docket and Information implements the SIP to attain and state. The regional EPA Offices have the Center located in Waterside Mall, maintain the NAAQS and to take primary responsibility for ensuring Washington, DC; and the Region VII enforcement action if necessary. accuracy and updating the Office. The sections of 40 CFR part 52 How the State and EPA Updates the SIP compilations. pertaining to provisions promulgated by EPA or state-submitted materials not The SIP is a living document which Where You Can Find a Copy of the SIP subject to IBR review remain the state can revise as necessary to Compilation unchanged. address the unique air pollution The Region VII EPA Office developed The supplementary information is problems in the state. Therefore, EPA and will maintain the compilation for organized in the following order: from time to time must take action on Missouri. A copy of the full text of the Description of a SIP SIP revisions containing new and/or state’s current compilation will also be How EPA Enforces SIPs revised regulations as being part of the maintained at the OFR and EPA’s Air How the State and EPA updates the SIP SIP. On May 22, 1997 (62 FR 27968), Docket and Information Center. How EPA Compiles the SIPs EPA revised the procedures for Missouri rules are also available How EPA Organizes the SIP Compilation incorporating by reference Federally electronically at http://www.epa.gov/

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.163 pfrm07 PsN: 29JNR1 34718 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations region07/programs/artd/air/rules/ effective date otherwise provided for in significant’’ as defined under E.O. missouri /toc.htm. the APA). Today’s action simply 12866, and (2) concerns an codifies provisions which are already in environmental health or safety risk that The Format of the New Identification of effect as a matter of law in Federal and EPA has reason to believe may have a Plan Section approved state programs. disproportionate effect on children. If In order to better serve the public, Under section 553 of the APA, an the regulatory action meets both criteria, EPA revised the organization of the agency may find good cause where the Agency must evaluate the ‘‘Identification of Plan’’ section and procedures are ‘‘impractical, environmental health or safety effects of included additional information to unnecessary, or contrary to the public the planned rule on children, and clarify the enforceable elements of the interest.’’ Public comment is explain why the planned regulation is SIP. ‘‘unnecessary’’ and ‘‘contrary to the preferable to other potentially effective The revised Identification of Plan public interest’’ since the codification and reasonably feasible alternatives section contains five subsections: only reflects existing law. Immediate considered by the Agency. 1. Purpose and scope notice in the CFR benefits the public by This rule is not subject to E.O. 13045 2. Incorporation by reference removing outdated citations. because it is not an economically 3. EPA-approved regulations significant regulatory action as defined 4. EPA-approved source-specific permits How This Document Complies With the 5. EPA-approved nonregulatory provisions by E.O. 12866, and it does not address Federal Administrative Requirements an environmental health or safety risk such as transportation control measures, for Rulemaking statutory provisions, control strategies, that would have a disproportionate monitoring networks, etc. A. Executive Order (E.O.) 12866 effect on children. When a SIP Revision Becomes The Office of Management and Budget D. E.O. 13084 Federally Enforceable (OMB) has exempted this regulatory Under E.O. 13084, Consultation and All revisions to the applicable SIP action from E.O. 12866, entitled Coordination with Indian Tribal become Federally enforceable as of the ‘‘Regulatory Planning and Review.’’ Governments, EPA may not issue a effective date of the revisions to B. E.O. 12875 regulation that is not required by paragraphs (c) or (d) of the applicable statute, that significantly or uniquely Identification of Plan section found in Under E.O. 12875, Enhancing the affects the communities of Indian tribal each subpart of 40 CFR part 52. Intergovernmental Partnership, EPA governments, and that imposes may not issue a regulation that is not substantial direct compliance costs on The Historical Record of SIP Revision required by statute and that creates a those communities, unless the Federal Approvals mandate upon a state, local, or tribal Government provides the funds To facilitate enforcement of government, unless the Federal necessary to pay the direct compliance previously approved SIP provisions and Government provides the funds costs incurred by the tribal provide a smooth transition to the new necessary to pay the direct compliance governments, or EPA consults with SIP processing system, EPA retains the costs incurred by those governments, or those governments. If EPA complies by original Identification of Plan section, EPA consults with those governments. If consulting, E.O. 13084 requires EPA to previously appearing in the CFR as the EPA complies by consulting, E.O. 12875 provide to the OMB, in a separately first or second section of part 52 for requires EPA to provide to the OMB a identified section of the preamble to the each state subpart. After an initial two- description of the extent of EPA’s prior rule, a description of the extent of EPA’s year period, EPA will review its consultation with representatives of prior consultation with representatives experience with the new system and its affected state, local, and tribal of affected tribal governments, a ability to enforce previously approved governments; the nature of their summary of the nature of their concerns, SIP measures, and will decide whether concerns; copies of any written and a statement supporting the need to or not to retain the Identification of Plan communications from the governments; issue the regulation. In addition, E.O. appendices for some further period. and a statement supporting the need to 13084 requires EPA to develop an issue the regulation. In addition, E.O. effective process permitting elected What EPA Is Doing in This Action 12875 requires EPA to develop an officials and other representatives of Today’s action constitutes a effective process permitting elected Indian tribal governments ‘‘to provide ‘‘housekeeping’’ exercise to ensure that officials and other representatives of meaningful and timely input in the all revisions to the state programs that state, local, and tribal governments ‘‘to development of regulatory policies on have occurred are accurately reflected in provide meaningful and timely input in matters that significantly or uniquely 40 CFR part 52. State SIP revisions are the development of regulatory proposals affect their communities.’’ controlled by EPA regulations at 40 CFR containing significant unfunded Today’s rule does not significantly or part 51. When EPA receives a formal SIP mandates.’’ uniquely affect the communities of revision request, the Agency must Today’s rule does not create a Indian tribal governments. This rule publish the proposed revision in the mandate on state, local, or tribal does not involve or impose any Federal Register and provide for public governments. The rule does not impose requirements that affect Indian tribes. comment before approval. any enforceable duties on these entities. Accordingly, the requirements of EPA has determined that today’s Accordingly, the requirements of section 3(b) of E.O. 13084 do not apply action falls under the ‘‘good cause’’ section 1(a) of E.O. 12875 do not apply to this rule. exemption in section 553(b)(3)(B) of the to this rule. Administrative Procedures Act (APA) E. Regulatory Flexibility Act (RFA) which, upon finding ‘‘good cause,’’ C. E.O. 13045 The RFA generally requires an agency authorizes agencies to dispense with Protection of Children from to conduct a regulatory flexibility public participation and section Environmental Health Risks and Safety analysis of any rule subject to notice 553(d)(3) which allows an agency to Risks (62 FR 19885, April 23, 1997) and comment rulemaking requirements, make a rule effective immediately applies to any rule that: (1) Is unless the agency certifies that the rule (thereby avoiding the 30-day delayed determined to be ‘‘economically will not have a significant economic

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.165 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34719 impact on a substantial number of small G. Submission to Congress and the Subpart AAÐMissouri entities. Small entities include small Comptroller General businesses, small not-for-profit 2. Section 52.1320 is redesignated as enterprises, and small governmental The Congressional Review Act, 5 § 52.1322 and the heading and jurisdictions. This final rule will not U.S.C. 801 et seq., as added by the Small paragraph (a) are revised to read as have a significant impact on a Business Regulatory Enforcement follows: substantial number of small entities Fairness Act of 1996, generally provides that before a rule may take effect, the § 52.1322 Original Identification of Plan because SIP approvals under section Section. 110 and Subchapter I, Part D of the agency promulgating the rule must Clean Air Act (CAA) do not create any submit a rule report, which includes a (a) This section identifies the original new requirements, but simply approve copy of the rule, to each House of the ‘‘Air Implementation Plan for the State requirements that the state is already Congress and to the Comptroller General of Missouri’’ and all revisions submitted imposing. Therefore, because the of the United States. EPA will submit a by Missouri that were Federally Federal SIP approval does not create report containing this rule and other approved prior to July 1, 1999. any new requirements, I certify that this required information to the United * * * * * action will not have a significant States Senate, the United State House of 3. A new § 52.1320 is added to read economic impact on a substantial Representatives, and the United States as follows: number of small entities. Moreover, due Comptroller General prior to publication to the nature of the Federal-state of the rule in the Federal Register. This § 52.1320 Identification of Plan. relationship under the CAA, preparation rule is not a ‘‘major’’ rule as defined by (a) Purpose and scope. This section of flexibility analysis would constitute 5 U.S.C. 804(2). sets forth the applicable SIP for Federal inquiry into the economic H. Petitions for Judicial Review Missouri under section 110 of the CAA, reasonableness of state action. The CAA 42 U.S.C. 7401, and 40 CFR part 51 to forbids EPA to base its actions EPA has determined that the meet national ambient air quality concerning SIPs on such grounds. provisions of section 307(b)(1) of the standards (NAAQS). Union Electric Co., v. U.S. EPA, 427 Clean Air Act pertaining to petitions for (b) Incorporation by reference. U.S. 246, 255–66 (1976); 42 U.S.C. judicial review are not applicable to this (1) Material listed in paragraphs (c) 7410(a)(2). action. Prior EPA rulemaking actions for and (d) of this section with an EPA each individual component of the F. Unfunded Mandates approval date prior to July 1, 1999, was Missouri SIP compilation had approved for incorporation by reference Under Section 202 of the Unfunded previously afforded interested parties by the Director of the Federal Register Mandates Reform Act of 1995 the opportunity to file a petition for in accordance with 5 U.S.C. 552(a) and (‘‘Unfunded Mandates Act’’), signed judicial review in the United States 1 CFR Part 51. Material is incorporated into law on March 22, 1995, EPA must Court of Appeals for the appropriate as it exists on the date of the approval, prepare a budgetary impact statement to circuit within 60 days of such and notice of any change in the material accompany any proposed or final rule rulemaking action. Thus, EPA sees no that includes a Federal mandate that will be published in the Federal need in this action to reopen the 60-day Register. Entries in paragraphs (c) and may result in estimated annual costs to period for filing such petitions for state, local, or tribal governments in the (d) of this section with EPA approval judicial review for this ‘‘Identification of dates after July 1, 1999, will be aggregate, or to the private sector, of plan’’ reorganization action. $100 million or more. Under Section incorporated by reference in the next 205, EPA must select the most cost- List of Subjects 40 CFR Part 52 update to the SIP compilation. effective and least burdensome (2) EPA Region VII certifies that the Environmental protection, Air rules/regulations provided by EPA in alternative that achieves the objectives pollution control, Carbon monoxide, of the rule and is consistent with the SIP compilation at the addresses in Hydrocarbons, Incorporation by paragraph (b)(3) of this section are an statutory requirements. Section 203 reference, Intergovernmental relations, requires EPA to establish a plan for exact duplicate of the officially Lead, Nitrogen dioxide, Ozone, promulgated state rules/regulations informing and advising any small Particulate matter, Reporting and governments that may be significantly which have been approved as part of the recordkeeping requirements, Sulfur SIP as of July 1, 1999. or uniquely impacted by the rule. oxides. EPA has determined that the approval (3) Copies of the materials action promulgated does not include a Dated: June 11, 1999. incorporated by reference may be Federal mandate that may result in William Rice, inspected at the Environmental estimated annual costs of $100 million Acting Regional Administrator. Region VII. Protection Agency, Region VII, Air or more to either state, local, or tribal Part 52 of Chapter I, Title 40, Code of Planning and Development Branch, 901 governments in the aggregate, or to the Federal Regulations, is amended as North 5th Street, Kansas City, Kansas private sector. This Federal action follows: 66101; the Office of Federal Register, approves preexisting requirements 800 North Capitol Street, NW, Suite 700, under state or local law, and imposes no PART 52Ð[AMENDED] Washington, DC; or at EPA Air and new requirements. Accordingly, no Radiation Docket and Information additional costs to state, local, or tribal 1. The authority for citation for Part Center, Air Docket (6102), 401 M Street, governments, or to the private sector, 52 continues to read as follows: SW, Washington, DC 20460. result from this action. Authority: 42 U.S.C. 7401 et seq. (c) EPA-approved regulations.

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EPA-APPROVED MISSOURI REGULATIONS

State effec- Missouri citation Title tive date EPA approval date Explanation

Missouri Department of Natural Resources Chapter 1ÐGeneral Organization

10±1.010 ...... General Organization ...... 10/1/82 7/21/83, 48 FR 33265.

Chapter 2ÐAir Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area

10±2.030 ...... Restriction of Emission of Particu- 11/1/79 5/22/81, 46 FR 27932 ...... 9/27/84, 49 FR 38103 (correction). late Matter from Industrial Proc- 10/5/89, 54 FR 41094 (correction). esses. 10±2.040 ...... Maximum Allowable Emission of 9/4/84 1/24/85, 50 FR 3337. Particulate Matter from Fuel Burning Equipment Used for In- direct Heating. 10±2.060 ...... Restriction of Emission of Visible 7/1/77 3/18/80, 45 FR 17145 ...... Air Contaminants. 10±2.080 ...... Emission of Visible Air Contami- 2/25/70 3/18/80, 45 FR 17145 ...... nants from Internal Combustion Engines. 10±2.090 ...... Incinerators ...... 2/25/70 3/18/80, 45 FR 17145 ...... The state has rescinded this rule. 10±2.100 ...... Open Burning Restrictions ...... 4/2/84 8/31/84, 49 FR 34484 ...... 10±2.150 ...... Time Schedule for Compliance ...... 2/25/70 3/18/80, 45 FR 17145 ...... 10±2.210 ...... Control of Emissions from Solvent 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). Metal Cleaning. 10±2.220 ...... Liquefied Cutback Asphalt Paving 6/3/91 6/23/92, 57 FR 27939 ...... Restricted. 10±2.230 ...... Control of Emissions from Indus- 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). trial Surface Coating Operations. 10±2.260 ...... Control of Petroleum Liquid Stor- 11/30/95 8/20/97, 62 FR 44219 ...... age, Loading, and Transfer. 10±2.280 ...... Control of Emissions from 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). Perchloroethylene Dry Cleaning Installations. 10±2.290 ...... Control of Emissions From Roto- 3/30/92 8/30/93, 58 FR 45451 ...... The state rule has Sections (6)(A) gravure and Flexographic Print- and (6)(B), which EPA has not ing Facilities. approved. 9/6/94, 59 FR 43376 (correction). 10±2.300 ...... Control of Emissions from the 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). Manufacturing of Paints, Var- Section (1)(A) is not a part of the nishes, Lacquers, Enamels and SIP. Other Allied Surface Coating Products. 10±2.310 ...... Control of Emissions from the Ap- 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). plication of Automotive Underbody Deadeners. 10±2.320 ...... Control of Emissions from Produc- 11/29/91 8/24/94, 59 FR 43480 ...... 4/3/95, 60 FR 16806 (correction). tion of Pesticides and Herbicides. 10±2.330 ...... Control of Gasoline Reid Vapor 9/30/97 4/24/98, 63 FR 20318. Pressure. 10±2.340 ...... Control of Emissions from Litho- 10/15/91 6/23/92, 57 FR 27939. graphic Printing Facilities. 10±2.360 ...... Control of Emissions from Bakery 11/30/95 7/20/98, 63 FR 38755. Ovens. 10±2.390 ...... Conformity to State Implementation 11/30/96 9/5/97, 62 FR 46880 ...... 2/10/98, 63 FR 6645 (correction). Plans of Transportation Plans, Programs, and Projects Devel- oped, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act.

Chapter 3ÐAir Pollution Control Regulations for the Outstate Missouri Area

10±3.010 ...... Auto Exhaust Emission Controls .... 2/1/78 3/18/80, 45 FR 17145. 10±3.030 ...... Open Burning Restrictions ...... 7/31/98 4/1/99, 64 FR 15688. 10±3.040 ...... Incinerators ...... 2/1/78 3/18/80, 45 FR 17145 ...... The state has rescinded this rule. 10±3.050 ...... Restriction of Emission of Particu- 10/2/78 7/6/82, 47 FR 29233. late Matter From Industrial Proc- esses. 10±3.060 ...... Maximum Allowable Emissions of 9/4/84 1/24/85, 50 FR 3337 ...... EPA has not approved the exemp- Particulate Matter From Fuel tion in Section (7). Burning Equipment.

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EPA-APPROVED MISSOURI REGULATIONSÐContinued

State effec- Missouri citation Title tive date EPA approval date Explanation

10±3.080 ...... Restriction of Emission of Visible 4/30/96 11/27/98, 63 FR 65559. Air Contaminants.

Chapter 4ÐAir Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area

10±4.030 ...... Restriction of Emission of Particu- 11/1/79 5/22/81, 46 FR 27932 ...... 9/24/84, 49 FR 38103 (correction). late Matter From Industrial Proc- 10/5/89, 54 FR 41094 (correction). esses. 10±4.040 ...... Maximum Allowable Emission of 9/4/84 1/24/85, 50 FR 3337. Particulate Matter From Fuel Burning Equipment Used for In- direct Heating. 10±4.060 ...... Restrictions of Emission of Visible 7/1/77 3/18/80, 45 FR 17145. Air Contaminants. 10±4.080 ...... Incinerators ...... 12/16/69 3/18/80, 45 FR 17145 ...... The state has rescinded this rule. 10±4.090 ...... Open Burning Restrictions ...... 4/2/84 8/31/84, 49 FR 34484. 10±4.140 ...... Time Schedule for Compliance ...... 12/15/69 3/18/80, 45 FR 17145.

Chapter 5ÐAir Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

10±5.030 ...... Maximum Allowable Emission of 9/4/84 1/24/85 50 FR 3337. Particulate Matter from Fuel Burning Equipment Used for In- direct Heating. 10±5.040 ...... Use of Fuel in Hand-Fired Equip- 9/18/70 3/18/80 45 FR 17145. ment Prohibited. 10±5.050 ...... Restriction of Emission of Particu- 11/1/79 5/22/81 46 FR 27932 ...... 9/27/84 49 FR 38103 (correction). late Matter From Industrial Proc- 10/5/89 54 FR 41094 (correction). esses. 10±5.060 ...... Refuse Not To Be Burned in Fuel 9/18/70 3/18/80 45 FR 17145 ...... The state has rescinded this rule. Burning Installations. 10±5.070 ...... Open Burning Restrictions ...... 4/2/84 8/31/84 49 FR 34484. 10±5.080 ...... Incinerators ...... 9/18/70 3/18/80 45 FR 17145 ...... The state has rescinded this rule. 10±5.090 ...... Restriction of Emission of Visible 7/1/77 4/9/80 45 FR 24140 ...... 7/11/80 45 FR 46806 (correction). Air Contaminants. 10±5.120 ...... Information on Sales of Fuels to be 9/18/70 3/18/80 45 FR 17145. Provided and Maintained. 10±5.130 ...... Certain Coals to be Washed ...... 9/18/70 3/18/80 45 FR 17145. 10±5.180 ...... Emission of Visible Air Contami- 9/18/70 3/18/80 45 FR 17145. nants from Internal Combustion Engines. 10±5.220 ...... Control of Petroleum Liquid Stor- 11/30/95 8/20/97 62 FR 44219. age, Loading and Transfer. 10±5.240 ...... Additional Air Quality Control 9/18/70 3/18/80 45 FR 17145. Measures May Be Required When Sources Are Clustered in a Small Land Area. 10±5.250 ...... Time Schedule for Compliance ...... 1/18/72 3/18/80 45 FR 17145. 10±5.290 ...... More Restrictive Emission Limita- 5/3/82 8/30/82 47 FR 38123 ...... The state has deleted all provi- tions for Sulfur Dioxide and Par- sions to N.L. Industries, which is ticulate Matter in the South St. no longer in operation, and has Louis Area. made significant changes to the provisions affecting Carondelet Coke. 10±5.300 ...... Control of Emissions from Solvent 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (correction). Metal Cleaning. 10±5.310 ...... Liquefied Cutback Asphalt Re- 3/1/89 3/5/90 55 FR 7712. stricted. 10±5.320 ...... Control of Emissions from 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (correction). Perchloroethylene Dry Cleaning Installations. 10±5.330 ...... Control of Emissions from Indus- 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (correction). trial Surface Coating Operations. 10±5.340 ...... Control of Emissions From Roto- 3/30/92 8/30/93 58 FR 45451 ...... The state rule has Section gravure and Flexographic Print- (6)(A)(B), which EPA has not ap- ing Facilities. proved. 9/6/94 59 FR 43376 (correction). 10±5.350 ...... Control of Emissions From Manu- 11/29/91 8/24/94 59 FR 4348 ...... 04/3/95 60 FR 16806 (Correction facture of Synthesized Pharma- Notice). ceutical Products.

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EPA-APPROVED MISSOURI REGULATIONSÐContinued

State effec- Missouri citation Title tive date EPA approval date Explanation

10±5.360 ...... Control of Emissions from Poly- 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (Correction ethylene Bag Sealing Operations. Notice). 10±5.370 ...... Control of Emissions from the Ap- 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (Correction plication of Deadeners and Ad- Notice). hesives. 10±5.380 ...... Motor Vehicle Emissions Inspec- 1/3/84 8/12/85 50 FR 32411 ...... tion. 10±5.390 ...... Control of Emissions from Manu- 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (Correction facturing of Paints, Varnishes, Notice). Lacquers, Enamels and Other Allied Surface Coating Products. 10±5.410 ...... Control of Emissions From Manu- 11/29/91 8/24/94 59 FR 43480 ...... 4/3/95 60 FR 16806 (Correction facture of Polystyrene Resin. Notice). 10±5.420 ...... Control of Equipment Leaks from 3/1/89 3/5/90 55 FR 7712. Synthetic Organic Chemical and Polymer Manufacturing . 10±5.480 ...... Conformity to State Implementation 11/30/96 9/5/97 62 FR 46880 ...... 2/10/98 63 FR 6645 (correction). Plans of Transportation Plans, Programs, and Projects Devel- oped, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act.

Chapter 6ÐAir Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

10±6.010 ...... Ambient Air Quality ...... 4/18/88 7/31/89 54 FR 31524 ...... The state adopted and submitted a revised ozone standard and a lead standard which EPA never acted on. 10±6.020 ...... Definitions and Common Ref- 5/31/96 5/14/97 62 FR 26405 ...... erence Tables. 10±6.030 ...... Sampling Methods for Air Pollution 10/31/98 4/1/99 64 FR 15688 ...... Sources. 10±6.040 ...... Reference Methods ...... 4/18/88 7/31/89 54 FR 31524 ...... Section 7, pertaining to percent sulfur in liquid hydrocarbons, is not part of the SIP. 10±6.050 ...... Start-up, Shutdown, and Malfunc- 11/1/79 3/22/81, 46 FR 27932 ...... 9/27/84 49 FR 38103 (correction). tion Conditions. 10±6.060 ...... Construction Permits Required ...... 3/31/98 12/22/98, 63 FR 70665 ...... Section 9, pertaining to hazardous air pollutants, is not part of the SIP. 10±6.065 ...... Operating Permits ...... 5/31/96, 5/14/97 62 FR 26405 ...... The state rule has sections (4)(A), (4)(B), and (4)(H)ÐBasic State Operating Permits. EPA has not approved those sections. 8/26/97 62 FR 45165 (revision no- tice). 10±6.110 ...... Submission of Emission Data, 12/31/95 8/26/97, 62 FR 45166 ...... Section (5), Emission Fees, has Emission Fees and Process In- not been approved as part of the formation. SIP. 2/10/98 63 FR 6648 (correction). 10±6.120 ...... Restriction of Emissions of Lead 5/31/96 3/5/97, 62 FR 9970. from Primary Lead Smelter-Re- finery Installations. 10±6.130 ...... Controlling Emissions During Epi- 4/18/88 7/31/89, 54 FR 31524. sodes of High Air Pollution. 10±6.140 ...... Restriction of Emissions Credit for 5/1/86 3/31/89, 54 FR 13184. Reduced Pollutant Concentra- tions from the Use of Dispersion Techniques. 10±6.150 ...... Circumvention ...... 8/15/90 4/17/91 56 FR 15500. 10±6.170 ...... Restriction of Particulate Matter to 9/30/96 1/21/98, 63 FR 3037. the Ambient Air Beyond the Premises of Origin. 10±6.180 ...... Measurement of Emissions of Air 11/19/90 7/23/91, 56 FR 33714. Contaminants. 10±6.210 ...... Confidential Information ...... 1/27/95 2/29/96, 61 FR 7714. 10±6.260 ...... Restriction of Emission of Sulfur 7/31/96 8/27/98, 63 FR 45727 ...... EPA did not approve section (4) of Compounds. the state rule.

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EPA-APPROVED MISSOURI REGULATIONSÐContinued

State effec- Missouri citation Title tive date EPA approval date Explanation

10±6.300 ...... Conformity of General Federal Ac- 8/31/96 5/14/97, 62 FR 26395. tions to State Implementation Plans. 10±6.330 ...... Charcoal Kilns ...... 6/30/98 12/8/98, 63 FR 67591.

Missouri Department of Public Safety Division 50ÐState Highway Patrol Chapter 2ÐMotor Vehicle Inspection

50±2.010 ...... Definitions ...... 4/11/82 8/12/85, 50 FR 32411. 50±2.020 ...... Minimum Inspection Station Re- 10/11/82 8/12/85, 50 FR 32411. quirements. 50±2.030 ...... Inspection Station Classification .... 12/11/77 8/12/85, 50 FR 32411. 50±2.040 ...... Private Inspection Stations ...... 5/31/74 8/12/85, 50 FR 32411. 50±2.050 ...... Inspection Station Permits ...... 11/11/79 8/12/85, 50 FR 32411. 50±2.060 ...... Display of Permits, Signs and 11/31/74 8/12/85, 50 FR 32411. Poster. 50±2.070 ...... Hours of Operation ...... 11/11/83 8/12/85, 50 FR 32411. 50±2.080 ...... Licensing of Inspector/Mechanics .. 4/13/78 8/12/85, 50 FR 32411. 50±2.090 ...... Inspection Station Operational Re- 8/11/78 8/12/85, 50 FR 32411. quirements. 50±2.100 ...... Requisition of Inspection Stickers 6/12/80 8/12/85, 50 FR 32411. and Decals. 50±2.110 ...... Issuance of Inspection Stickers 12/11/77 8/12/85, 50 FR 32411. and Decals. 50±2.120 ...... MVI±2 Form ...... 11/11/83 8/12/85, 50 FR 32411. 50±2.130 ...... Violations of Laws or Rules Pen- 5/31/74 8/12/85, 50 FR 32411. alty. 50±2.260 ...... Exhaust System ...... 5/31/74 8/12/85, 50 FR 32411. 50±2.280 ...... Air Pollution Control Devices ...... 12/11/80 8/12/85, 50 FR 32411. 50±2.290 ...... Fuel Tank ...... 5/3/74 8/12/85, 50 FR 32411. 50±2.350 ...... Applicability of Motor Vehicle Emis- 5/1/84 8/12/85, 50 FR 32411. sion Inspection. 50±2.360 ...... Emission Fee ...... 11/1/83 8/12/85, 50 FR 32411. 50±2.370 ...... Inspection Station Licensing ...... 12/21/90 10/13/92, 57 FR 46778. 50±2.380 ...... Inspector/Mechanic Licensing ...... 11/1/83 8/12/85, 50 FR 32411. 50±2.390 ...... Safety/Emission Stickers ...... 11/1/83 8/12/85, 50 FR 32411. 50±2.400 ...... Emission Test Procedures ...... 6/15/87 9/15/88, 53 FR 35820 ...... Subsections (3)(B)3, (4)(A), (4)(B), (4)(B)1 and 2, (4)(B)5, and a portion of (4)(B)6 are not ap- proved as part of the SIP. 50±2.401 ...... General Specifications ...... 12/21/90 10/13/92, 57 FR 46778. 50±2.402 ...... MAS Software Functions ...... 12/21/90 10/13/92, 57 FR 46778 ...... The SIP does not include Section (6), Safety Inspection. 50±2.403 ...... Missouri Analyzer System (MAS) 12/21/90 10/13/92, 57 FR 46778 ...... The SIP does not include Section Display and Program Require- (3)(B)4, Safety Inspection Se- ments. quences or (3)(M)5(II), Safety In- spection Summary. 50±2.404 ...... Test Record Specifications ...... 12/21/90 10/13/92, 57 FR 46778 ...... The SIP does not include Section (5), Safety Inspection Results. 50±2.405 ...... Vehicle Inspection Certificate, Ve- 12/21/90 10/13/92, 57 FR 46778. hicle Inspection Report, and Printer Function Specifications. 50±2.406 ...... Technical Specifications for the 12/21/90 10/13/92, 57 FR 46778. MAS. 50±2.407 ...... Documentation, Logistics and War- 12/21/90 10/13/92 57 FR 46778. ranty Requirements. 50±2.410 ...... Vehicles Failing Reinspection ...... 12/21/90 10/13/92, 57 FR 46778. 50±2.420 ...... Procedures for Conducting Only 12/21/90 10/13/92, 57 FR 46778. Emission Tests.

Kansas City Article IIIÐAir Pollution

18.83 ...... Definitions ...... 10/31/96 4/22/98, 63 FR 19823. 18.91 ...... Incinerators ...... 10/31/96 4/22/98, 63 FR 19823.

Kansas City Chapter 8ÐAir Quality

8±2 ...... Definitions ...... 10/31/96 4/22/98, 63 FR 19823. 8±4 ...... Open Burning ...... 10/31/96 4/22/98, 63 FR 19823.

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EPA-APPROVED MISSOURI REGULATIONSÐContinued

State effec- Missouri citation Title tive date EPA approval date Explanation

SpringfieldÐChapter 2AÐAir Pollution Control Standards

Article I...... Definitions ...... 10/31/96 4/22/98, 63 FR 19823 ...... Only Section 2A±2 is approved by EPA. Article VII...... Stack Emission Test Method ...... 10/31/96 4/22/98, 63 FR 19823 ...... Only Section 2A±25 is approved by EPA. Article IX...... Incinerator ...... 10/31/96 4/22/98, 63 FR 19823 ...... Only Sections 2A±34 through 38 are approved by EPA. Article XX...... Test Methods and Tables ...... 10/31/96 4/22/98, 63 FR 19823 ...... Only Sections 2A±51, 55, and 56 are approved by EPA.

St Louis City Ordinance 59270

Section 4 ...... Definitions ...... 10/31/96 4/22/98, 63 FR 19823. Section 12 ...... Open Burning Restrictions ...... 10/31/96 4/22/98, 63 FR 19823.

(d) EPA-approved state source-specific permits and orders.

EPAÐApproved Missouri Source Specific Permits and Orders

State effec- Name of source Order/permit number tive date EPA approval date Explanation

ASARCO Inc. Lead Smelter Glover, MO Order ...... 8/13/80 4/27/81, 46 FR 23412. St. Joe Lead (Doe Run) Company Lead Order ...... 3/21/84 6/11/84, 49 FR Smelter Herculaneum, MO. 24022. AMAX Lead (Doe Run) Company Lead Order ...... 9/27/84 1/7/85, 50 FR 788. Smelter Boss, MO. Gusdorf Operating Permit 11440 Permit Nos: 04682±04693. Lackland Road St Louis County, MO. 4/29/80 (St Louis County) ...... 10/15/84, 49 FR 40164. Doe Run Lead Smelter Herculaneum, Consent Order ...... 3/9/90 3/6/92, 57 FR 8077. MO. Doe Run Lead Smelter Herculaneum, Consent Order ...... 8/17/90 3/6/92, 57 FR 8077. MO. Doe Run Lead Smelter Herculaneum, Consent Order ...... 7/2/93 5/5/95, 60 FR MO. 22334. Doe Run Lead Smelter Herculaneum, Consent Order (Modification) ...... 4/28/94 5/5/95, 60 FR In a notice pub- MO. 22334. lished on 8/15/97 at 62 FR 43647, EPA required im- plementation of the contingency measures. Doe Run Lead Smelter Herculaneum, Consent Order (Modification) ...... 11/23/94 5/5/95, 60 FR MO. 22334. Doe Run Buick Lead Smelter Boss, MO Consent Order ...... 7/2/93 8/4/95, 60 FR 39851. Doe Run Buick Lead Smelter Iron Coun- Consent Order (Modification) ...... 9/29/94 8/4/95, 60 FR ty, MO. 39851. ASARCO Glover Lead Smelter Glover, Consent Decree CV596±98CC with ex- 7/30/96 3/5/97, 62 FR 9970. MO. hibits A±G.

St Louis City Incinerator Permits

Washington University School of Medi- Pathological Incinerator (RETORT) Per- 2/20/97 4/22/98, 63 FR cine. mit No. 96±10±083. 19823. Washington University School of Medi- Medical Waste Incinerator Permit No. 2/20/97 4/22/98, 63 FR cine. 96±10±084. 19823. St Louis University ...... Medical Waste Incinerator ...... 9/22/92 4/22/98, 63 FR 19823.

(e) EPA approved nonregulatory provisions and quasi-regulatory measures.

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EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Applicable geographic Name of nonregulatory SIP provision or nonattainment Area State submittal date EPA approval date Explanation

Kansas City and Outstate Air Quality Control Kansas City and 1/24/72 ...... 5/31/72, 37 FR 10875. Regions Plan. Outstate. Implementation Plan for the Missouri portion St. Louis ...... 1/24/72 ...... 5/31/72, 37 FR 10875. of the St. Louis Interstate Air Quality Con- trol Region. Effects of adopting Appendix B to NO 2 St. Louis ...... 3/27/72 ...... 5/31/72, 37 FR 10875. emissions. CO air quality data base ...... St. Louis ...... 5/2/72 ...... 5/31/72, 37 FR 10875. Budget and manpower projections ...... Statewide ...... 2/28/72 ...... 10/28/72, 37 FR 23089. Emergency episode manual Kansas City ...... 5/11/72 ...... 10/28/72, 37 FR 23089. Amendments to Air Conservation Law ...... Statewide ...... 7/12/72 ...... 10/28/72, 37 FR 23089. Air monitoring plan ...... Outstate ...... 7/12/72 ...... 10/28/72, 37 FR 23089. Amendments to Air Conservation Law ...... Statewide ...... 8/8/72 ...... 10/28/72, 37 FR 23089. Transportation control strategy ...... Kansas City ...... 5/11/73, 5/21/73, ...... 6/22/73 38 FR 16566. Analysis of ambient air quality data and rec- Kansas City ...... 4/11/74 ...... 3/2/76, 41 FR 8962. ommendation to not designate the area as an air quality maintenance area. Recommendation to designate air quality St. Louis, Columbia, 5/6/74 ...... 9/9/75, 40 FR 41950. maintenance areas. Springfield. Plan to attain the NAAQS ...... Kansas City St. Louis 7/2/79 4/9/80, 45 FR .. 24140 ...... Correction notice pub- lished 7/11/80. Schedule for I/M program and commitment St. Louis ...... 9/9/80 ...... 3/16/81, 46 FR 16895 regarding difficult transportation control measures (TCMs). Lead SIP ...... Statewide ...... 9/2/80, 2/11/81, 2/13/ 4/27/81, 46 FR 23412 Correction notice pub- 81. 7/19/84, 49 FR 29218 lished 5/15/81. Report on recommended I/M program ...... St. Louis ...... 12/16/80 ...... 8/27/81, 46 FR 43139 No action was taken on the specific rec- ommendations in the report. Report outlining commitments to TCMs, St. Louis ...... 2/12/81, 4/28/81 ...... 11/10/81, 46 FR analysis of TCMs, and results of CO dis- 55518. persion modeling. 1982 CO and ozone SIP ...... St. Louis ...... 12/23/82, 8/24/83 ...... 10/15/84, 49 FR 40164. Air quality monitoring plan ...... Statewide ...... 6/6/84 ...... 9/27/84, 49 FR 38103. Vehicle I/M program ...... St. Louis ...... 8/27/84 ...... 8/12/85, 50 FR 32411. Visibility protection plan ...... Hercules Glades and 5/3/85 ...... 2/10/86, 51 FR 4916. Mingo Wildlife Area. Plan for attaining the ozone standard by De- St. Louis ...... 8/1/85 ...... 9/3/86, 51 FR 31328. cember 31, 1987. PM 10 plan ...... Statewide ...... 3/29/88, 6/15/88 ...... 7/31/89, 54 FR 31524. Construction permit fees including Chapter Statewide ...... 1/24/89, 9/27/89 ...... 1/9/90, 55 FR 735. 643 RSMo. PSD NOX requirements including a letter Statewide ...... 7/9/90 ...... 3/5/91, 56 FR 9172. from the state pertaining to the rules and analysis. Lead plan ...... Herculaneum ...... 9/6/90, 5/8/91 ...... 3/6/92, 57 FR 8076. Ozone maintenance plan ...... Kansas City ...... 10/9/91 ...... 6/23/92, 57 FR 27939. Small business assistance plan ...... Statewide ...... 3/10/93 ...... 10/26/93, 58 FR 57563. Part D Lead plan ...... Herculaneum ...... 7/2/93, 6/30/94, 11/23/ 5/5/95, 60 FR 22274. 94. Intermediate permitting program including Statewide ...... 3/31/94, 11/7/94, 10/3/ 9/25/95, 60 FR 49340. three letters pertaining to authority to limit 94, 2/10/95. potential to emit hazardous air pollutants. Part D lead plan ...... Bixby ...... 7/2/93, 6/30/94 ...... 8/4/95, 60 FR 39851. Transportation conformity plans including a St. Louis, Kansas City 2/14/95 ...... 2/29/96, 61 FR 7711. policy agreement and a letter committing to implement the state rule consistent with the Federal transportation conformity rule. Emissions inventory update including a Kansas City ...... 4/12/95 ...... 4/25/96, 61 FR 18251. motor vehicle emissions budget. Part D Lead Plan ...... Glover ...... 8/14/96 ...... 3/5/97, 62 FR 9970. CO Maintenance Plan ...... St. Louis ...... 6/13/97, 6/15/98 ...... 1/26/99, 64 FR 3855.

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[FR Doc. 99–16097 Filed 6–28–99; 8:45 am] originally classified as ‘‘moderate’’ be obtained through the adoption, at a BILLING CODE 6560±50±P pursuant to section 188(a) of the Clean minimum, of reasonably available Air Act (CAA or Act). 56 FR 11101 control technology (RACT)) shall be (March 15, 1991). On May 10, 1996, implemented no later than December ENVIRONMENTAL PROTECTION EPA reclassified the Maricopa County 10, 1993. CAA sections 172(c)(1) and AGENCY PM-10 nonattainment area to ‘‘serious’’ 189(a)(1)(C).3 Since that deadline has under CAA section 188(b)(2). 61 FR passed, EPA has concluded that the 40 CFR Part 52 21372. Having been reclassified, required RACM/RACT must be [AZ079±0014; FRL±6365±9] Phoenix is required to meet the serious implemented ‘‘as soon as possible.’’ area requirements in the CAA, including Delaney v. EPA, 898 F.2d 687, 691 (9th RIN 2060±A122 a demonstration that best available Cir. 1990). EPA has interpreted this control measures (BACM) will be requirement to be ‘‘as soon as Approval and Promulgation of implemented by June 10, 2000. CAA practicable.’’ See 55 FR 41204, 41210 Implementation Plans; ArizonaÐ sections 188(c)(2) and 189(b). While the (October 1, 1990) and 63 FR 28898, Maricopa Nonattainment Area; PM±10 Phoenix PM–10 nonattainment area is 28900 (May 27, 1998). AGENCY: Environmental Protection currently classified as serious, today’s EPA has issued a ‘‘General Agency (EPA). actions relate only to the moderate area Preamble’’ 4 describing EPA’s ACTION: Final rule. statutory requirements. preliminary views on how the Agency Pursuant to section 189(b)(2), the intends to review state implementation SUMMARY: EPA is approving under the State of Arizona was required to submit plans (SIPs) and SIP revisions submitted Clean Air Act (CAA or Act) a revision a serious area plan addressing both PM– under Title I of the Act, including those to the Arizona State Implementation 10 NAAQS for the area by December 10, state submittals containing moderate Plan (SIP) reflecting Arizona State 1997. The State has not yet submitted PM–10 nonattainment area SIP legislation that provides for the that plan. provisions. The methodology for determining RACM/RACT is described expeditious implementation of best 2. Moderate Area Planning in detail in the General Preamble. 57 FR management practices to reduce fugitive Requirements and EPA Guidance dust from agricultural sources in the 13498, 13540–13541. With respect to Maricopa County (Phoenix) PM–10 The air quality planning requirements PM–10, Appendix C1 of the General nonattainment area. Because EPA is for PM–10 nonattainment areas are set Preamble suggests starting to define approving the State legislation as out in subparts 1 and 4 of Title I of the RACM with the list of available control meeting the reasonably available control Clean Air Act. Those states containing measures for fugitive dust and adding to measure (RACM) requirements of the initial moderate PM–10 nonattainment this list any additional control measures Act, EPA is also withdrawing a federal areas were required to submit, among proposed and documented in public implementation plan (FIP) commitment, other things, by November 15, 1991 comments. Any measures that apply to promulgated under section 110(c) of the provisions to assure that reasonably de minimis emission sources of PM–10, Act, to adopt and implement RACM for available control measures (RACM) or any measures that are unreasonable agricultural fields and aprons in the (including such reductions in emissions for technology reasons or because of the Maricopa area. from existing sources in the area as may cost of the control in the area can then be culled from the list. In addition, EFFECTIVE DATE: July 29, 1999. when the expected annual arithmetic average of the potential RACM may be culled from the FOR FURTHER INFORMATION CONTACT: John 24-hour samples for a period of one year does not list if a measure cannot be implemented Ungvarsky at (415) 744–1286, Air exceed 50 micrograms per cubic meter (µg/m3). The 24-hour PM–10 standard of 150 µg/m3 is attained on a schedule that would advance the Division, U.S. Environmental Protection if samples taken for 24-hour periods have no more date for attainment in the area. 57 Agency, Region 9, 75 Hawthorne Street than one expected exceedance per year, averaged 13498, 13560. 57 FR 18070, 18072 (AIR2), San Francisco, CA 94105. This over 3 years. See 40 CFR 50.6 and 40 CFR part 50, (April 28, 1992). document is also available as an Appendix K. On July 18, 1997, EPA revised both the annual Moderate area plans were also electronic file on EPA’s Region 9 web and the 24-hour PM–10 standards and also required to meet the generally page at http://www.epa.gov/region09/ established two new standards for PM, both applicable SIP requirements for air. applying only to particulate matter up to 2.5 reasonable notice and public hearing microns in diameter (PM–2.5)(62 FR 38651). SUPPLEMENTARY INFORMATION: Today’s actions relate only to the CAA under section 110(a)(2), necessary assurances that the implementing I. Background requirements concerning the 24-hour and annual PM–10 standards as originally promulgated in 1987. A. Clean Air Act Requirements On May 14, 1999, the U.S. Court of Appeals for 3 States with moderate PM–10 areas were also the D.C. Circuit in American Trucking Assoc., Inc., required to submit either a demonstration that the 1. Designation and Classification et al. v. USEPA, No. 97–1440 (May 14, 1999) issued plan would provide for attainment as expeditiously an opinion that, among other things, vacated the 1 as practicable but no later than December 31, 1994 Portions of Maricopa County are new standards for PM–10 that were published on or a demonstration that attainment by that date is designated nonattainment for the PM– July 18, 1997 and became effective September 16, impracticable (CAA section 189(a)(1)(B)); and, for 10 national ambient air quality 1997. However, the PM–10 standards promulgated plan revisions demonstrating impracticability, a standards (NAAQS) 2 and were on July 1, 1987 were not an issue in this litigation, demonstration of reasonable further progress (RFP) and the Court’s decision does not affect the meeting the requirements of CAA sections 172(c)(2) applicability of those standards in the Maricopa and 171(1). Section 171(1) defines RFP as ‘‘such 1 ‘‘Maricopa,’’ ‘‘Maricopa County’’ and ‘‘Phoenix’’ area. Codification of those standards continues to be annual incremental reductions in emissions of the are used interchangeably throughout this final rule recorded at 40 CFR 50.6. In the notice promulgating relevant air pollutant as are required by part D of to refer to the nonattainment area. the revised PM–10 standards, the EPA the Act or may reasonably be required by the 2 There are two PM–10 NAAQS, a 24-hour Administrator decided that the previous PM–10 Administrator for the purpose of ensuring standard and an annual standard. 40 CFR 50.6. EPA standards that were promulgated on July 1, 1987, attainment of the applicable national ambient air promulgated these NAAQS on July 1, 1987 (52 FR and provisions associated with them, would quality standard by the applicable attainment date.’’ 24672), replacing standards for total suspended continue to apply in areas subject to the 1987 PM10 4 See ‘‘State Implementation Plans; General particulate with new standards applying only to standards until certain conditions specified in 40 Preamble for the Implementation of Title I of the particulate matter up to 10 microns in diameter CFR 50.6(d) are met. See 62 FR at 38701. EPA has Clean Air Act Amendments of 1990,’’ (General (PM–10). At that time, EPA established two PM–10 not taken any action under 40 CFR 50.6(d) for the Preamble) 57 FR 13498 (April 16, 1992) and 57 FR standards. The annual PM–10 standard is attained Maricopa area. 18070 (April 28, 1992).

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.174 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34727 agencies have adequate personnel, On December 30, 1998, EPA proposed to Because ACLPI chose not to recast the funding and authority under section approve the legislation into the Arizona arguments in its Ober brief in the 110(a)(2)(E)(i) and 40 CFR 51.280; and SIP for the Phoenix PM–10 context of EPA’s proposed SIP approval the description of enforcement methods nonattainment area under section and FIP withdrawal, we have not done as required by 40 CFR 51.111 and EPA 110(k)(3) of the CAA as meeting the so for them. Thus the text in the guidance implementing these requirements of sections 110(a) and comment sections below summarizes provisions. 189(a)(1)(C) and proposed to withdraw and/or excerpts portions of the brief for the FIP RACM commitment for such B. EPA’s Moderate Area PM–10 FIP for petitioners as filed in the Ninth Circuit. sources. Please refer to Notice of Phoenix In the EPA response sections, however, Proposed Rulemaking (63 FR 71816) for we have addressed the comments as if On August 3, 1998, EPA promulgated greater detail on the Arizona legislation. they refer to this proposed action and under the authority of CAA section For EPA’s SIP approval criteria and its not the FIP promulgation. 110(c)(1) a federal implementation plan evaluation of the Arizona legislation, The gravamen of ACLPI’s complaint is (FIP) to address the CAA’s moderate see 63 FR 71817. that the State’s regulatory approach is area PM–10 requirements for the that of a commitment to adopt and Phoenix PM–10 nonattainment area. 63 III. Comments on Proposed Rule and EPA Responses implement agricultural controls in the FR 41326 (August 3, 1998). future rather than immediate, adopted In the FIP, EPA promulgated, among EPA received 3 comment letters on its and implemented regulations. This other things, for both the annual and 24- proposed action for Phoenix. The approach was initially developed for hour PM–10 NAAQS, a demonstration comment letters were submitted by: (1) EPA’s FIP and was then incorporated that RACM will be implemented in the Nancy C. Wrona, Director, Air Quality into the State legislation that is the 5 Phoenix area as soon as practicable. As Division, Arizona Department of subject of this rulemaking. Therefore, part of its RACM demonstration, EPA Environmental Quality; (2) Dan the original rationale for that approach promulgated an enforceable Thelander, Chair, Agricultural Best is of central relevance and we briefly commitment, codified at 40 CFR 52.127, Management Practices Committee; and summarize it here as a prologue to the to ensure that RACM for agricultural (3) Jennifer B. Anderson, Staff Attorney, specific comments and responses that sources will be expeditiously adopted Arizona Center for Law in the Public follow: and implemented. See 63 FR 41326, Interest (ACLPI). The first two letters EPA has, beginning with the proposed 6 41350. expressed strong support for EPA’s rulemaking for its August 3, 1998 FIP II. Proposed Actions proposed approval and did not raise any and culminating in the Ninth Circuit issues that EPA need address. ACLPI, in On May 29, 1998, Arizona Governor litigation, explained at length its a January 29, 1999 letter, however, reasoning in promulgating an Hull signed into law Senate Bill 1427 opposes EPA’s proposed actions for a (SB 1427) which revised title 49 of the enforceable commitment for the control variety of reasons. EPA responds to of PM–10 from agricultural fields and Arizona Revised Statutes (ARS) by ACLPI’s specific major comments adding section 49–457. This legislation aprons in the Phoenix PM–10 below. The reader is referred to the nonattainment area rather than established an agricultural best technical support document (TSD) for management practices (BMPs) immediate, fully developed regulations this rulemaking for EPA’s responses to for those sources. See 63 FR 15920, committee for the purpose of adopting all of ACLPI’s comments in its January by rule by June 10, 2000, an agricultural 15935–15936 (April 1, 1998); 63 FR 29, 1999 letter. 41332–41334; 63 FR 71817; brief for general permit specifying BMPs for ACLPI comments that EPA should respondents at 43–59. In short: regulated agricultural activities 7 to withdraw the proposed SIP revision. reduce PM–10 emissions in the ACLPI claims that EPA’s proposal In general, EPA believes that because Maricopa PM–10 nonattainment area. would replace a weak FIP commitment agricultural sources in the United States vary ARS 49–457.A–F. with a weaker State commitment to do by factors such as regional climate, soil type, growing season, crop type, water availability, On September 4, 1998, the State of the same thing and that the State Arizona submitted ARS 49–457 to EPA. and relation to urban centers, each PM–10 commitment violates the CAA for the agricultural strategy is uniquely based on same reasons as the FIP commitment. local circumstances. Furthermore, EPA 5 In addition to the RACM demonstration, EPA Therefore ACLPI incorporates by determined that the goal of attaining the PM– also promulgated a demonstration of reasonable further progress and a demonstration that it was reference into its comments its brief for 10 standards in Maricopa County with impracticable for the Phoenix area to attain either petitioners in Ober v. Browner, No. 98– respect to agricultural sources would be best the annual or 24-hour PM–10 NAAQS by the 71158.8 served by engaging all interested applicable attainment deadline pursuant to CAA In the Ober litigation, EPA fully stakeholders in a joint comprehensive sections 172(c)(2) and 189(a)(1)(B). 63 FR 41326, responded to the arguments raised by process on the appropriate mix of 41340 and 41342 agricultural controls to implement in 6 40 CFR 52.127 provides that ‘‘[t]he the petitioners in their brief as they relate to the action at issue there, EPA’s Maricopa County. EPA stated its belief that Administrator shall promulgate and implement this process, despite the additional time reasonably available control measures (RACM) FIP commitment for agricultural sources needed to work through it, will ultimately pursuant to section 189(a)(1)(C) of the Clean Air Act in Phoenix. For the complete text of our for agricultural fields and aprons in the Maricopa result in the best and most cost-effective County (Phoenix) PM–10 nonattainment area responses to those arguments, see brief controls on agricultural sources in the according to the following schedule: by no later for respondents at pp. 10–18 and 43–59. County. than September, 1999, the Administrator shall sign In the FIP notices, EPA also explained its a Notice of Proposed Rulemaking; by no later than 8 Ober is a pending petition for review, filed by intention to meet its RACM commitment by April, 2000, the Administrator shall sign a Notice ACLPI on behalf of Phoenix residents, in the U.S. developing and promulgating BMPs. Given of Final Rulemaking; and by no later than June Court of Appeals for the Ninth Circuit, of EPA’s the number of potential BMPs, the variety of 2000, EPA shall begin implementing the final action in promulgating the Phoenix FIP. While crops types, the need for stakeholder input, RACM.’’ ACLPI’s comment letter does not specify what and the time necessary to develop the BMPs 7 ‘‘Regulated agricultural activities’’ are defined as portions of the petitioners’ brief it intends to ‘‘commercial farming practices that may produce incorporate, EPA believes that the only arguably into effective control measures, EPA believes PM–10 particulate emissions within the Maricopa relevant portion is at pp. 29–36, relating to EPA’s that the adoption and implementation PM–10 particulate nonattainment area.’’ ARS 49– commitment for agricultural sources, and therefore schedule in the FIP is as expeditious as 457.N.4. addresses here only the arguments in those pages. practicable. * * *

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63 FR 71817. That schedule provided County Farm Bureau, ADEQ [Arizona program. See ARS 49–457.A-F, H and that RACM for agricultural fields and Department of Environmental Quality], MAG M. The provisions of the State aprons in the Phoenix area would be [Maricopa Association of Governments], legislation are discussed in detail in the proposed by September 1999, finalized MCESD [Maricopa County Environmental proposal for this action at 63 FR 71816– Services Department], NRCS [Natural by April 2000, and implementation Resource Conservation Service], Cooperative 71817. begun by June 2000. 40 CFR 52.127; 63 Extension, the University of Arizona, tribes, Furthermore, in practice, a single FR 41350. and environmental and/or public health entity has been established and has been organizations. This effort would build upon operating to develop BMPs to comply Specific ACLPI Comments and EPA the stakeholder-based discussions which with both the requirements of the FIP Responses occurred in 1997 and early 1998. By and State legislation. This entity, known Comment: ACLPI claims in its Ober September 1998, the stakeholders would as the Best Management Practices brief that EPA has not met its burden begin to draft BMPs. * * * In June 2000, committee, has been meeting on a under its policy of demonstrating that BMP implementation will begin with an regular basis since September, 1998. In extensive collaborative public outreach and addition, a Technical Working Group available agricultural controls are education campaign. Guidance documents infeasible or otherwise unreasonable. would be developed to assist growers with was formed which is currently Petitioners’ brief at 32.9 implementation of the BMPs. Compliance reviewing and evaluating a list of over Response: Under EPA’s General assistance would also be a key element of the 50 BMPs for possible use in Maricopa Preamble, a ‘‘reasoned justification’’ is BMP program. County. The Technical Working Group required for measures rejected as Id. at 15937. will then forward its recommendations RACM. 57 FR 13540. By demonstrating In the FIP proposal, EPA also to the BMP committee. Together, the that it lacked sufficient information at addressed the issue of how the federal committee and the working group are the time the FIP was developed and commitment could ultimately be comprised of representatives from State promulgated to determine the replaced: and local agencies, universities, appropriate agricultural controls for the farmers/producers in Maricopa County, Phoenix area, EPA fully justified its While EPA’s intended BMP approach is and EPA representatives. The committee designed to meet the RACM requirement, the expects to develop BMPs by September, conclusion that the only responsible Agency believes it can serve as a potential approach was the one it pursued, i.e., a starting point and model for the development 1999. These BMPs will then undergo commitment, enforceable through the of a State-led SIP process for addressing review by State offices and the public CAA citizen suit provision, section 304, BACM [Best Available Control Measures] for and are expected to be adopted by June to adopt and implement RACM controls agricultural sources. Thus, the stakeholders 10, 2000. Thus, for all practical on an expeditious schedule. For the could potentially build upon the BMP purposes, the implementation efforts to same reason, EPA did meet its burden approach initiated for the FIP to address both date of the FIP commitment and the under its own policy to demonstrate RACM and BACM requirements for the Arizona legislation are effectively the agricultural sector in the SIP.10 The Arizona that the measures promoted by same. Farm Bureau Federation, the Maricopa As we have demonstrated above, the petitioners were not reasonably County Farm Bureau, NRCS, ADEQ, and available at the time EPA developed and other regulatory agencies are currently FIP and the State legislation were promulgated the FIP. As we working collaboratively to develop a State- developed by the same participants and demonstrate below, the FIP approach led BMP process for that purpose. EPA through the same process and were evolved into the State legislation; strongly endorses such a process. intended to be substantially identical. therefore the same justification exists for Id. at 15937. Thus it was clear from Therefore, the justification for the the State in adopting its legislation. the beginning of the regulatory commitment approach in both the FIP 11 As noted above, in developing the FIP development effort for the agricultural and the SIP are the same. ACLPI has for these sources, EPA promoted and sources in Phoenix that the participants had ample opportunity to comment and participated in a stakeholder process intended that both the federal and State detail its arguments regarding the that included discussions and processes would be substantially alleged inadequacy of that justification coordination among federal, state and identical and, as such, a seamless in connection with the FIP local government agencies and national transition from the FIP to the State promulgation and the judicial challenge and local agricultural organizations. replacement SIP could be effectuated. to that rulemaking. See letter from This approach resulted in a consensus See, e.g., letter from David P. ACLPI to EPA, Region 9, May 18, 1998 among the participants on the elements Howekamp, EPA, to Kevin Rogers, and petitioners’ brief at 29–36. For these of a workable and expeditious Maricopa County Farm Bureau (MCFB), reasons, while EPA acknowledges that agricultural strategy that would be January 7, 1998 and letter from Kevin G. the SIP submittal did not contain the incorporated initially into the FIP and Rogers to David P. Howekamp, January ‘‘reasoned justification’’ provided for in subsequently into State legislation. 63 22, 1998. Agency guidance, EPA believes that FR 15936–15937. In its FIP proposal, As expected, the approach and such a State justification would have EPA explained that its enforceable process in the State legislation that was been the same as that provided by EPA commitment included a series of ultimately passed and submitted by the in connection with the FIP. Therefore, milestones to assure adoption and State as a SIP revision are virtually to the extent that the State did not implementation of RACM. The Agency coextensive with that of the FIP. For duplicate that rationale, it is of no further explained: example, the legislation establishes a consequence. By its incorporation of its committee with the authority to adopt brief in Ober into its comments on the EPA would initially convene a stakeholder- BMPs and conduct an educational proposal for this action, ACLPI has put based process to begin formal development of draft BMPs. Stakeholder groups represented 10 11 will likely include but not be limited to the At the time the moderate area FIP was being The Arizona legislation operates as a developed, the State was preparing to develop its commitment enforceable under CAA section 304 by Arizona Farm Bureau Federation, Maricopa plan to meet the serious area PM–10 requirements mandating the adoption by June 10, 2000 of a of the Act in the Phoenix area, one of which is general permit specifying BMPs with which sources 9 ‘‘ACLPI’’ and ‘‘petitioners’’ are used provisions to assure that the best available control must comply by December 31, 2001 and the interchangeably throughout this document except measures for the control of PM–10 shall be initiation of an education program by June 10, 2000. where otherwise indicated. implemented. See generally CAA section 189(b). ARS 49–457.G, H, M.

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.178 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34729 its arguments in the record for this 16–17. That reasoning applies to the 63 FR at 41333–41334. It is because rulemaking. State legislation as well. agricultural controls can be costly and Comment: In their brief, petitioners Moreover, contrary to ACLPI’s intersect with land management argue that EPA’s deferral of agricultural suggestion in its brief, the 1996 practices and farming issues that EPA’s controls in the FIP through the use of a Governor’s task force report supports— policy is to work closely with all commitment is not reasonable because not undermines—the State’s approach affected local, state and federal entities ‘‘[t]echniques for controlling to agricultural controls in its legislation. (e.g., USDA). Indeed, petitioners agricultural emissions are well known.’’ That report recommends the correctly note that EPA’s guidance In support of this argument, petitioners ‘‘[d]evelopment, implementation, and includes ‘‘USDA-assisted soil documentation of specific voluntary cite, among other things, existing South conservation plans * * * on individual practices to reduce dust emissions from Coast Air Quality Management District farms’’ as an available measure. agricultural practices’’ and specifies that (SCAQMD) rules, EPA guidance, and a Petitioners’ brief at 32. they ‘‘may become part of a list of report by a 1996 task force appointed by Comment: According to the mandatory agricultural BACM Arizona’s Governor, and claim that EPA petitioners, citing CAA section developed through coordination’’ by erred by not adopting those measures in 172(c)(1), the ‘‘wholesale deferral of local and state agencies with relevant the FIP. Petitioners’ brief at 30–31. agricultural controls [in the FIP] is expertise. The report further states that ACLPI also suggests that EPA’s action utterly indefensible because the Act ‘‘[a] coordination plan could be started with respect to agricultural controls is required adoption of all reasonably immediately. Implementation would contrary to the Agency’s own policies available controls as expeditiously as require cooperation with the practicable.’’ They contend that for detailing available agricultural control agricultural community.’’ Finally, the measures. Id. moderate PM–10 areas, the Act set an report lists several barriers to explicit, absolute deadline of December Response: As discussed above, EPA implementation. Report of the 10, 1993 for implementing such has explained at length the rationale for Governor’s Air Quality task Force; measures under section 189(a)(1)(C) and its commitment in the FIP to adopt and Recommended Long-term Control that where an absolute deadline under implement RACM for the agricultural Measures for Ozone, Carbon Monoxide, the Act has passed, EPA must correct sector in Phoenix. See, e.g., 63 FR and PM–10, December 2, 1996, p. III– the deficiency ‘‘as soon as possible’’ to 15936. The Arizona legislation takes a 85–88. Thus, the task force recognized effectuate Congressional intent. Delaney very similar approach for the same that the recommended measures would v. EPA, 898 F.2d 687, 691, 695 (9th Cir. reasons. need considerable additional work and 1990). coordination among stakeholders before EPA agrees that certain techniques are Response: The air quality planning they could be fully realized in the well known. The critical question, requirements for moderate area PM–10 Phoenix area. however, is not whether those measures SIPs are set out in CAA section 189, are ‘‘available,’’ but whether they are Finally, the EPA guidance cited by petitioners lists agricultural control which states that the moderate area SIP ‘‘reasonably available’’ for the Phoenix must contain provisions to assure that area. ACLPI’s arguments ignore the fact measures generally determined to be available for consideration by states in RACM for the control of PM–10 is that, as noted above, PM–10 strategies in implemented by December 10, 1993. an agricultural context are highly developing their PM–10 plans. EPA does not dispute the availability of such CAA section 189(a)(1)(C). In its General dependent on specific local factors. 63 Preamble, which contains guidance to FR 41332–41333; Technical Support controls, but its guidance does not presume that these measures are the states for determining RACM and Document for U.S.EPA’s Final Federal reasonably available control technology Implementation Plan for the Phoenix reasonably available in any or all areas. Again, the question is whether the (RACT) in their PM–10 moderate area Nonattainment Area, Response to application of those measures to a SIPs, EPA interpreted this specific Comments Document, p. 16. (FIP TSD). specific area, like Maricopa County, is deadline for PM–10 nonattainment areas As EPA explained in connection with reasonable. to supersede the generally applicable the FIP, ‘‘[a] resolution of these To take just one of the available ‘‘as expeditiously as practicable’’ uncertainties, in the context of an measures cited by petitioners—modified deadline in CAA section 172(c)(1). See assessment of the potential mix of tillage methods—as an example, EPA’s 57 FR 13501. However, because the control measures, is critical to a guidance notes that operational tillage December 10, 1993 deadline had passed determination of whether controls such modifications require areas to consider: by the time the State legislation at issue as those contained in the SCAQMD replacing planting and seeding methods, here was developed, the applicable rules are reasonably available for the planting and fertilizing of specific deadline became ‘‘as soon as possible’’ Maricopa County nonattainment area grasses, crops and , and revising under Delaney, 898 F.2d at 691. EPA and will contribute to attaining the PM– grazing practices. It acknowledges that has interpreted this requirement to be 12 10 standards in the area.’’ Id. at pp. resorting to some of these modified ‘‘as soon as practicable.’’ 63 FR 15926. farming approaches ‘‘would require We have delineated above the various 12 EPA provided examples of the differences initial capital investments by the factors that demonstrate that the between Maricopa County and the Coachella Valley schedule in the State legislation meets that affect control strategy choices. For instance, farming industry for new equipment.’’ SCAQMD rule 403.1 restricts activities capable of Fugitive Dust Background Document that test. generating fugitive dust when wind speeds exceed and Technical Information Document Comment: In its January 29, 1999 25 miles per hour; while PM–10 exceedances in for Best Available Control Measures, comment letter, ACLPI contends that Maricopa County can occur when winds exceed 15 miles per hour. Maricopa County has approximately U.S.EPA, Office of Air Quality Planning EPA cannot claim that the State 300,000 acres in production as opposed to the and Standards (OAQPS), September legislation provides for the expeditious Coachella Valley’s 60,000 areas. Finally, not only 1992, p. 3–49. Both the American Farm implementation of RACM because the are the crops very different (Maricopa County is Bureau Federation and the MCFB implementation date for the BMPs in dominated by cotton, alfalfa, and wheat, while the Coachella Valley primarily grows and commented on possible negative the State plan is December 31, 2001 vegetables), these crops have different planting and economic impacts on agriculture if FIP compared to an implementation date of growing patterns. controls were imposed on such sources. June 2000 for the FIP.

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Response: Under the State legislation, Kamp v. Hernandez, 752 F.2d 1444, established policy of using its general by June 10, 2000, BMPs must be 1446, modified in other part, 778 F.2d approval authority to approve adopted and embodied in a general 527 (9th Cir. 1985), the court reviewed enforceable commitments and, in fact, permit in the Maricopa PM–10 EPA’s approval of a plan that required EPA has continued to approve nonattainment area and an education Arizona to adopt regulations in the enforceable commitments under its program must be initiated. By December future to control fugitive emissions. general authority. See 62 FR 1150, 1187 31, 2001, all regulated parties are Petitioners challenged EPA’s approval, (Jan. 8, 1997). required to be in compliance with the claiming that the lack of such controls general permit. ARS 49–457.G, H, M. in the plan meant that it did not assure IV. Final Actions The FIP requires that EPA shall begin attainment and maintenance of the EPA has evaluated ARS 49–457 and implementing the final RACM, i.e., the sulfur dioxide standards. While finding has determined that it is consistent with BMPs, by June 2000. 63 FR 41350. Prior that the Act requires plans to ‘‘rely on the CAA and EPA regulations. to proposing the FIP and as part of the emission limitations to the maximum Therefore, EPA is approving ARS 49– stakeholder process, EPA, in extent feasible,’’ the court upheld EPA’s 457 under section 110(k)(3) of the CAA conjunction with MCFB, concluded that approval, agreeing with the Second as meeting the requirements of sections it would not be possible to fully Circuit’s reasoning that ‘‘the demands of 110(a) and 189(a)(1)(C). Because EPA is implement the BMPs by June 2000. See, its ‘‘difficult and complex job’’ require approving the Arizona statute as e.g., letter from David P. Howekamp, that EPA be given some flexibility to meeting the RACM requirements of the EPA, to Kevin Rogers, MCFB, January 7, approve nearly complete CAA for agricultural sources in the 1998 and letter Kevin G. Rogers to David implementation plans.’’ Id. at 1455. Phoenix area, EPA is also withdrawing P. Howekamp, January 22, 1998. Thus, Here, as shown above, it was not the FIP RACM commitment for such as we stated in the proposal for the FIP, feasible for the State to impose sources by deleting § 52.127, EPA’s intention was to conduct an immediate controls on agricultural Commitment to Promulgate and education program before enforcing the sources and the enforceable Implement Reasonably Available BMPs: ‘‘In June 2000, BMP commitment in the State’s legislation Control Measures for the Agricultural implementation will begin with an provides for the implementation of Fields and Aprons, in subpart D of part extensive collaborative public outreach RACM as soon as practicable. 52, chapter I, title 40 of the Code of and education campaign.’’ 63 FR 15937. Petitioners rely on NRDC v. EPA, 22 Federal Regulations. Nothing in this EPA’s intention to begin its education F.3d 1125 (D.C. Cir. 1994) to support action should be construed as program as the first phase of its their argument. There, the D.C. Circuit permitting or allowing or establishing a implementation program by that date is considered EPA’s authority under CAA precedent for any future request for consistent with the education program section 110(k)(4) which was added as revision to any SIP. Each request for requirement in the State legislation. In part of the 1990 Amendments to the revision to the SIP shall be considered fact, the State legislation is arguably Act, to conditionally approve a SIP separately in light of specific technical, more stringent than the FIP because it submittal which consisted entirely of a economic, and environmental factors provides for full compliance with the commitment letter to submit the and in relation to relevant statutory and BMPs by December 31, 2001, while the required measure by a date certain.14 regulatory requirements. FIP has no such full or final Here, however, EPA did not rely on implementation deadline. See 40 CFR section 110(k)(4); rather the Agency V. Administrative Requirements 52.127; 63 FR 41350. proposed to approve the Arizona A. Executive Order 12866 Comment: ACLPI argues that an legislation under section 110(k)(3). 63 enforceable commitment to adopt FR 71818. The Office of Management and Budget control measures is not consistent with Moreover, when section 110(k)(4) was (OMB) has exempted this regulatory the CAA and prior practice. enacted as part of the 1990 action from Executive Order 12866, Specifically, petitioners object that Amendments, it provided a new type of Regulatory Planning and Review. EPA’s decision to promulgate an approval for a limited set of B. Executive Order 12875 enforceable commitment, as opposed to commitments that, in general, could not actual control measures, does not meet be enforced under the Act’s enforcement Under Executive Order 12875, the CAA requirements for enforceable mechanisms, including the citizen suit Enhancing the Intergovernmental Partnership, EPA may not issue a measures as expeditiously as provision.15 There is no evidence that regulation that is not required by statute practicable, and that the commitment by enacting this provision Congress and that creates a mandate upon a state, offers no assurance that adequate intended to replace EPA’s well- controls will ever be adopted. local, or tribal government, unless the Federal government provides the funds Petitioners’ brief at 34–36. (S.D.N.Y. 1987); Citizens for a Better Environment Response: Historically EPA has v. Deukmejian, 731 F. Supp. 1448, reconsideration necessary to pay the direct compliance interpreted the CAA to allow states to granted in part, 746 F. Supp. 976 (N.D. Cal. 1990); costs incurred by those governments, or Coalition Against Columbus Center v. New York, EPA consults with those governments. If submit, and EPA to approve, 967 F.2d 764 (2d Cir. 1992); Trustees for Alaska v. enforceable commitments to adopt rules Fink, 17 F.3d 1209 (9th Cir. 1994). EPA complies by consulting, Executive in the future, and the courts have 14 Under section 110(k)(4), the Administrator Order 12875 requires EPA to provide to upheld such approvals. See, e.g., ‘‘may approve a plan revision based on a the Office of Management and Budget a commitment of the State to adopt specific description of the extent of EPA’s prior Friends of the Earth v. EPA, 499 F.2d enforceable measures by a date certain,’’ within one 13 consultation with representatives of 1118, 1124 (2d Cir. 1974). Indeed, in year after the date of approval of the plan revision. Any such conditional approval shall be treated as affected state, local and tribal 13 Courts have agreed that such commitments are a disapproval if the State fails to comply with such governments, the nature of their enforceable by the public under the CAA citizen commitment. concerns, copies of any written suit provision, section 304. See, e.g., American 15 As noted above, under section 110(k)(4), if a communications from the governments, Lung Association of New Jersey v. Kean, 670 F. commitment is not fulfilled, the conditional Supp. 1285 (D.N.J. 1987), aff’d, 871 F.2d 319 (3d approval must be converted to a disapproval. Once and a statement supporting the need to Cir. 1989); NRDC v. New York State Dep’t of a SIP provision is disapproved, there is no longer issue the regulation. In addition, Environmental Conservation, 668 F. Supp. 848 any commitment left to enforce under the Act. Executive Order 12875 requires EPA to

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.181 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34731 develop an effective process permitting and timely input in the development of EPA has determined that this rule elected officials and other regulatory policies on matters that does not include a Federal mandate that representatives of state, local and tribal significantly or uniquely affect their may result in estimated annual costs of governments ‘‘to provide meaningful communities.’’ Today’s rule does not $100 million or more to either State, and timely input in the development of significantly or uniquely affect the local, or tribal governments in the regulatory proposals containing communities of Indian tribal aggregate, or to the private sector. This significant unfunded mandates.’’ governments. Accordingly, the Federal action approves pre-existing Today’s rule does not create a mandate requirements of section 3(b) of requirements under State or local law on state, local or tribal governments. Executive Order 13084 do not apply to and withdraws Federal requirements, The rule does not impose any this rule. and imposes no new requirements. enforceable duties on these entities. Accordingly, no additional costs to Accordingly, the requirements of E. Regulatory Flexibility Act State, local, or tribal governments, or to section 1(a) of Executive Order 12875 do The Regulatory Flexibility Act the private sector, result from this not apply to this rule. generally requires an agency to conduct action. C. Executive Order 13045 a regulatory flexibility analysis of any G. National Technology Transfer and rule subject to notice and comment Advancement Act Protection of Children from rulemaking requirements unless the Environmental Health Risks and Safety agency certifies that the rule will not Section 12(d) of the National Technology Transfer and Advancement Risks (62 FR 19885, April 23, 1997), have a significant economic impact on applies to any rule that: (1) Is Act of 1995 (NTTAA), Public Law 104– a substantial number of small entities. determined to be ‘‘economically 113, Section 12(d) (15 U.S.C. 272 note) Small entities include small businesses, significant’’ as defined under Executive directs EPA to use voluntary consensus small not-for-profit enterprises, and Order 12866, and (2) concerns an standards in its regulatory activities small governmental jurisdictions. This environmental health or safety risk that unless to do so would be inconsistent final rule will not have a significant EPA has reason to believe may have a with applicable law or otherwise impact on a substantial number of small disproportionate effect on children. If impractical. Voluntary consensus entities because SIP approvals under the regulatory action meets both criteria, standards are technical standards (e.g., section 110 and subchapter I, part D of the Agency must evaluate the materials specifications, test methods, the Clean Air Act do not create any new environmental health or safety effects of sampling procedures, and business requirements but simply approve the planned rule on children, and practices) that are developed or adopted requirements that the State is already explain why the planned regulation is by voluntary consensus standards imposing. Therefore, because this rule preferable to other potentially effective bodies. The NTTAA directs EPA to does not create any new requirements, and reasonably feasible alternatives provide Congress, through OMB, I certify that this rule will not have a considered by the Agency. This rule is explanations when the Agency decides significant economic impact on a not subject to Executive Order 13045 not to use available and applicable substantial number of small entities. because it does not involve decisions voluntary consensus standards. This Moreover, due to the nature of the intended to mitigate environmental action does not involve technical Federal-State relationship under the health or safety risks. standards. Therefore, EPA did not Clean Air Act, preparation of flexibility consider the use of any voluntary D. Executive Order 13084 analysis would constitute Federal consensus standards. Under Executive Order 13084, inquiry into the economic Consultation and Coordination with reasonableness of state action. The H. Submission to Congress and the Indian tribal Governments, EPA may not Clean Air Act forbids EPA to base its Comptroller General issue a regulation that is not required by actions concerning SIPs on such The Congressional Review Act, 5 statute, that significantly or uniquely grounds. Union Electric Co., v. U.S. U.S.C. 801 et seq., as added by the Small affects the communities of Indian tribal EPA, 427 U.S. 246, 255–66 (1976); 42 Business Regulatory Enforcement governments, and that imposes U.S.C. 7410(a)(2). Fairness Act of 1996, generally provides substantial direct compliance costs on F. Unfunded Mandates that before a rule may take effect, the those communities, unless the Federal agency promulgating the rule must government provides the funds Under section 202 of the Unfunded submit a rule report, which includes a necessary to pay the direct compliance Mandates Reform Act of 1995 copy of the rule, to each House of the costs incurred by the tribal (‘‘Unfunded Mandates Act’’), signed Congress and to the Comptroller General governments, or EPA consults with into law on March 22, 1995, EPA must of the United States. EPA will submit a those governments. If EPA complies by prepare a budgetary impact statement to report containing this rule and other consulting, Executive Order 13084 accompany any proposed or final rule required information to the U.S. Senate, requires EPA to provide to the Office of that includes a Federal mandate that the U.S. House of Representatives, and Management and Budget, in a separately may result in estimated annual costs to the Comptroller General of the United identified section of the preamble to the State, local, or tribal governments in the States prior to publication of the rule in rule, a description of the extent of EPA’s aggregate; or to private sector, of $100 the Federal Register. This rule is not a prior consultation with representatives million or more. Under section 205, ‘‘major’’ rule as defined by 5 U.S.C. of affected tribal governments, a EPA must select the most cost-effective 804(2). summary of the nature of their concerns, and least burdensome alternative that and a statement supporting the need to achieves the objectives of the rule and I. Petitions for Judicial Review issue the regulation. In addition, is consistent with statutory Under section 307(b)(1) of the Clean Executive Order 13084 requires EPA to requirements. Section 203 requires EPA Air Act, petitions for judicial review of develop an effective process permitting to establish a plan for informing and this action must be filed in the United elected officials and other advising any small governments that States Court of Appeals for the representatives of Indian tribal may be significantly or uniquely appropriate circuit by August 30, 1999. governments ‘‘to provide meaningful impacted by the rule. Filing a petition for reconsideration by

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.182 pfrm07 PsN: 29JNR1 34732 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations the Administrator of this final rule does drinking water quality reports that water applicable.’’) Similarly, the Appendices not affect the finality of this rule for the suppliers must provide to their mistakenly listed the Maximum purposes of judicial review nor does it customers. The final rule included Contaminant Level for Total Coliforms extend the time within which a petition several minor typographical mistakes. as ‘‘presence of coliform bacteria in ≥5% for judicial review may be filed, and This document corrects those mistakes. of monthly samples’’. EPA is today shall not postpone the effectiveness of DATES: Effective on June 29, 1999. correcting the Appendices to show that such rule or action. This action may not FOR FURTHER INFORMATION CONTACT: Rob the MCL for total coliforms is ‘‘(systems be challenged later in proceedings to Allison, 202–260–9836; E-mail: that collect 40 or more samples per enforce its requirements. (See section [email protected]. month) 5% of monthly samples are positive; (systems that collect fewer 307(b)(2).) SUPPLEMENTARY INFORMATION: In the than 40 samples per month) 1 positive August 19, 1998 Federal Register (63 FR List of Subjects in 40 CFR Part 52 monthly sample’. 44511), EPA published the Consumer Environmental protection, Air Finally, in paragraphs (f)(2) and (f)(3) Confidence Report Rule. Paragraph f of pollution control, Incorporation by of the section on Special Primacy the section on Report Content reference, Intergovernmental relations, Requirements (§ 142.16), the rule (§ 141.153) mistakenly refers to the Particulate matter. mistakenly refers to 40 CFR 141.155(b) requirements of § 141.153(d)(7) when it Dated: June 17, 1999. when it should refer to 40 CFR should refer to § 141.153(d)(6). This rule 141.155(c). This amendment corrects Carol M. Browner, corrects that mistake. that mistake. Administrator. The preamble to the August 19, 1998 Section 553 of the Administrative Part 52, chapter I, title 40 of the Code rule explained that systems that detect Procedure Act, 5 U.S.C. 553(b)(B), of Federal Regulations is amended as certain contaminants at concentrations provides that, when an agency for good follows: above 50% of the applicable MCL or cause finds that notice and public action level must include additional procedure are impracticable, PART 52Ð[AMENDED] educational information about those unnecessary or contrary to the public contaminants in their reports. As interest, an agency may issue a rule 1. The authority citation for part 52 explained in the preamble to the final continues to read as follows: without providing notice and an rule, EPA intended that all systems opportunity for public comment. EPA Authority: 42 U.S.C. 7401 et seq. detecting a contaminant at greater than has determined that there is good cause 50% of the MCL or AL and not in for making today’s rule final without Subpart DÐArizona violation or exceedence would include prior proposal and opportunity for 2. Section 52.120 is amended by this educational statement. (See comment because EPA merely is adding paragraph (c)(93) to read as discussion at 63 FR 44514 (August 19, correcting minor errors in the follows: 1998)). Systems that violate or exceed promulgated rule. Thus, notice and the applicable National Primary public comment procedure are § 52.120 Identification of plan. Drinking Water Regulation would not unnecessary. The Agency finds that this * * * * * include this additional statement constitutes good cause under 5 U.S.C. (c) * * * because another part of the rule requires 553(b)(B). Moreover, since today’s (93) Plan revisions were submitted on them to provide a clear and readily action does not create any new September 4, 1998 by the Governor’s understandable explanation of the regulatory requirements and affected designee. violation, including the potential parties have known of the underlying (i) Incorporation by reference. adverse health effects. EPA’s rule rule since August 19, 1998, EPA finds (A) Arizona Revised Statute 49–457. language at § 141.154(d) inaccurately that good cause exists to provide for an * * * * * described this requirement when it said immediate effective date pursuant to 5 that the requirement applied to U.S.C. 553(d)(3) and 808(2). § 52.127 [Removed and Reserved] ‘‘systems which detect lead above the Administrative Requirements 3. Section 52.127 is removed and action level in more than 5%, but fewer reserved. than 10%, of homes sampled....’’ EPA’s Under Executive Order 12866 (58 FR phrasing inadvertently exempts systems 51735, October 4, 1993), this action is [FR Doc. 99–16371 Filed 6–28–99; 8:45 am] that detect lead above the AL in not a ‘‘significant regulatory action’’ and BILLING CODE 6560±50±P precisely 10% of homes sampled. EPA is therefore not subject to review by the is clarifying its requirement by Office of Management and Budget. In addition, this action does not impose ENVIRONMENTAL PROTECTION amending the statement to read any enforceable duty, contain any AGENCY ‘‘Systems which detect lead above the action level in more than 5%, and up to unfunded mandate, or impose any 40 CFR Parts 141 and 142 and including 10%, of homes sampled significant or unique impact on small * * *.’’ governments as described in the [FRL±6369±1] In addition, Appendices A and B to Unfunded Mandates Reform Act of 1995 Subpart O mischaracterized regulatory (Pub. L. 104–4). This rule also does not National Primary Drinking Water levels for total coliforms and total require prior consultation with State, Regulation: Consumer Confidence trihalomethanes. The Appendices listed local, and tribal government officials as Reports; Correction the Maximum Contaminant Level Goal specified by Executive Order 12875 (58 AGENCY: Environmental Protection (MCLG) for Total Trihalomethanes FR 58093, October 28, 1993) or Agency (EPA). (TTHMs) as zero. This is incorrect; Executive Order 13084 (63 FR 27655, ACTION: Final rule; correction. under current EPA regulations, TTHMs May 10, 1998), or involve special have no MCLG. This notice amends consideration of environmental justice SUMMARY: EPA published in the Federal Appendices A and B to replace the related issues as required by Executive Register of August 19, 1998, a final rule number zero for the TTHMs MCLG with Order 12898 (59 FR 7629, February 16, setting out the requirements for annual ‘‘n/a’’ (the abbreviation for ‘‘not 1994).

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Because this action is not subject to ‘‘§ 141.153(d)(7)’’ to read ACTION: Final rule. notice-and-comment requirements ‘‘§ 141.153(d)(6)’’. under the Administrative Procedure Act 2. On page 44529, in the middle SUMMARY: The General Services or any other statute, it is not subject to column, in § 141.154, correct ‘‘(d) Administration is removing Federal the regulatory flexibility provisions of Systems which detect lead above the Property Management Regulations the Regulatory Flexibility Act (5 U.S.C. action level in more than 5%, but fewer (FPMR) Guidelines for Making Purchase 601 et seq.). This rule also is not subject that 10%, of homes sampled:’’ to read or Lease Determinations, and Use of to Executive Order 13045 (62 FR 19885, ‘‘(d) Systems which detect lead above Private Inspection, Testing, and Grading April 23, 1997) because it is not the action level in more than 5%, and Services, from the FPMR. Adequate economically significant as defined up to and including 10%, of homes coverage on these issues is contained in under E.O. 12866. Further, EPA sampled:’’ the Federal Acquisition Regulation interprets E.O. 13045 as applying only 3. In Appendix A to subpart O, on (FAR). A cross-reference is added to the to those regulatory actions that are page 44530, in the fourth column of the FPMR to direct readers to the based on health or safety risks, such that table, line 1, correct ‘‘presence of appropriate FAR coverage. the analysis required under section 5– coliform bacteria in ≥5% of monthly samples’’ to read ‘‘(systems that collect EFFECTIVE DATE: This final rule is 501 of the Order has the potential to effective June 29, 1999. influence the regulation. This rule is not 40 or more samples per month) 5% of subject to E.O. 13045 because it does not monthly samples are positive; (systems FOR FURTHER INFORMATION CONTACT: The establish an environmental standard that collect fewer than 40 samples per Regulatory Secretariat, Room 4035, GS intended to mitigate health or safety month) 1 positive monthly sample’’. Building, Washington DC 20405, (202) risks. This rule is not subject to the 4. In Appendix A to subpart O, on 208–7312. page 44531, in the fifth column of the National Technology Transfer and SUPPLEMENTARY INFORMATION: Advancement Act of 1995 (Pub. L. 104– table, line 73, correct ‘‘0’’ to read ‘‘n/a’’. 113) because it does not involve any 5. In Appendix B to subpart O, on A. Background technical standards. EPA’s compliance page 44531, in the third column of the In an effort to improve GSA’s external with these statutes and Executive table, line 1, correct ‘‘presence of ≥ directives system, GSA has undertaken Orders for the underlying rule is coliform bacteria in 5% of monthly a review of the Federal Property discussed in the August 19, 1998 samples’’ to read ‘‘(systems that collect Management Regulations (FPMR). The Federal Register notice. 40 or more samples per month) 5% of monthly samples are positive; (systems FPMR prescribes Governmentwide The Congressional Review Act, 5 that collect fewer than 40 samples per regulations for real property, personal U.S.C. 801 et seq., as added by the Small month) 1 positive monthly sample’’. property, and other programs and Business Regulatory Enforcement 6. In Appendix B to subpart O, on activities within GSA’s regulatory Fairness Act of 1996, generally provides page 44533, in the second column of the authority. GSA will update, streamline, that before a rule may take effect, the table, line 73, correct ‘‘0’’ to read ‘‘n/a’. and clarify the content of the FPMR over agency promulgating the rule must the next year. As part of this review, submit a rule report, which includes a PART 142Ð[CORRECTED] GSA is: copy of the rule, to each House of the 1. Removing FPMR 101–25.5 Congress and to the Comptroller General 7. On page 44535, in the third regarding Guidelines for Making of the United States. However, section column, in § 142.16(f)(2), correct ‘‘40 Purchase or Lease Determinations and 808 provides that any rule for which the CFR 141.155(b)’’ to read ‘‘40 CFR adding a cross-reference to the FAR in issuing agency for good cause finds (and 141.155(c)’’. 8. On page 44535, in the third its place. The decision to lease or incorporates the finding and a brief column, in § 142.16(f)(3), correct ‘‘40 purchase equipment is an acquisition statement of reasons therefor in the rule) CFR 141.155(b)’’ to read ‘‘40 CFR matter and coverage on this subject is that notice and public procedure 141.155(c)’’. contained in FAR Subpart 7.4. thereon are impracticable, unnecessary, or contrary to the public interest, shall Dated: June 18, 1999. 2. Removing FPMR 101–31.2 regarding the use of private inspection, take effect at such time as the agency J. Charles Fox, promulgating the rule determines. 5 testing, and grading services and adding U.S.C. 808(2). As stated previously, EPA Assistant Administrator, Office of Water. a cross-reference to the FAR in its place. has made such a good cause finding, [FR Doc. 99–16536 Filed 6–28–99; 8:45 am] Coverage on this subject is provided in including the reasons therefor, and BILLING CODE 6560±50±P the Federal Acquisition Regulation established an immediate effective date. (FAR). FAR Part 46, Quality Assurance, EPA will submit a report containing this prescribes policies and procedures to rule and other required information to GENERAL SERVICES ensure that supplies and services the U.S. Senate, the U.S. House of ADMINISTRATION 6820±34 acquired under Government contract Representatives, and the Comptroller conform to the contract’s quality and General of the United States prior to 41 CFR Parts 101±25, 101±31, and 101± quantity requirements. Included in Part publication of the rule in the Federal 38 46 are inspection and other measures associated with quality requirements. Register. This action is not a ‘‘major [FPMR Amendment E±278] rule’’ as defined by 5 U.S.C. 804(2). FAR Part 37 covers service contracting. RIN 3090±AG84 FAR Subpart 7.5, Inherently The final rule [FR Doc. 98–22056] Governmental Functions, addresses published on August 19, 1998, (63 FR Guidelines for Making Purchase or what is and is not an inherently 44511)is corrected as follows: Lease Determinations and Use of Governmental function. Private Inspection, Testing, and PART 141Ð[CORRECTED] Grading Services A proposed rule was published in the Federal Register on February 10, 1999 1. On page 44528, in the middle AGENCY: Office of Governmentwide (64 FR 6589). No comments were column, in § 141.153(f), correct Policy. received.

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B. Executive Order 12866 Subpart 101±31.2ÐPrivate Inspection, rules. Public and agency comments are Testing, and Grading Services due on the information collections The General Services Administration August 30, 1999. has determined that this final rule is not § 101±31.200 Cross-reference to the FOR FURTHER INFORMATION CONTACT: a significant regulatory action for the Federal Acquisition Regulation (FAR)(48 Robert McDonald, Policy and Facilities purposes of Executive Order 12866. CFR Chapter 1, Parts 1±99). For guidance see Federal Acquisition Branch, Telecommunications Division, C. Regulatory Flexibility Act Regulation (e.g., Subpart 7.5, and Parts International Bureau, (202) 418–1470. 37 and 46) (48 CFR Subpart 7.5, and This final rule is not expected to have SUPPLEMENTARY INFORMATION: This is a Parts 37 and 46). a significant economic impact on a summary of the Commission’s Report and Order, FCC 99–73, adopted on April substantial number of small entities PART 101±38ÐMOTOR VEHICLE 15, 1999, and released on May 6, 1999. within the meaning of the Regulatory MANAGEMENT The full text of this document is Flexibility Act, 5 U.S.C. 601, et seq., available for inspection and copying because the rule removes from the 4. Section 101–38.105 is amended by removing paragraph (g) and during normal business hours in the FPMR coverage at 101–25.5, Guidelines FCC Reference Center (Room CY–A257) for Making Purchase or Lease redesignating paragraphs (h) and (i) as paragraphs (g) and (h) respectively. of the Federal Communications Determinations, and 101–31.2, Use of Commission, 445 12th Street, SW, Private Inspection, Testing, and Grading Dated: May 19, 1999. Washington, DC 20554. The document Services. David J. Barram, is also available for download over the Administrator of General Services. D. Paperwork Reduction Act Internet at http://www.fcc.gov/bureaus/ [FR Doc. 99–16197 Filed 6–28–99; 8:45 am] international/orders/1999/fcc99073.wp. The Paperwork Reduction Act does BILLING CODE 6820±34±P The complete text of this Order also not apply because this final rule does may be purchased from the not impose reporting, recordkeeping or Commission’s copy contractor, information collection requirements FEDERAL COMMUNICATIONS International Transcription Service, which require the approval of the Office COMMISSION Inc., 1231 20th Street, N.W., of Management and Budget pursuant to Washington, D.C. 20036, (202) 857– 47 CFR Parts 0, 43, 63, and 64 44 U.S.C. 3501 et seq. 3800. [IB Docket Nos. 98±148, 95±22, CC Docket This document contains information E. Small Business Regulatory No. 90±337 (Phase II), FCC 99±73] collections subject to the Paperwork Enforcement Fairness Act Reduction Act of 1995 (PRA). It will be Biennial Review of the Reform of the submitted to the Office of Management This final rule is not a major rule International Settlements Policy and and Budget (OMB) for review under the under 5 U.S.C. 804. Associated Filing Requirements PRA. OMB, the general public, and List of Subjects in 41 CFR Parts 101–25 AGENCY: Federal Communications other Federal agencies will be invited to and 101–31 Commission. comment on the modified information collections contained in this ACTION: Final rule. For the reasons set forth in the proceeding. preamble, 41 CFR parts 101–25, 101–31, SUMMARY: This document removes Summary of Report and Order and 101–38 are amended as follows: outdated rules that govern the manner 1. The authority citation for parts in which U.S. international 1. In August 1998, the Commission 101–25, 101–31, and 101–38 continues telecommunications carriers relate to issued a Notice of Proposed Rulemaking to read as follows: foreign carriers that provide service in (63 FR 44224, August 18, 1998) in competitive markets. The Commission which it proposed substantial changes Authority: Sec. 205(c), 63 Stat. 390 (40 concludes that it should remove the in the way it regulates international U.S.C. 486(c)). existing international settlements policy telecommunications carriers’ relations with their foreign counterparts. The PART 101±25ÐGENERAL (ISP): for settlement arrangements between U.S. carriers and foreign Commission initiated this proceeding 2. Subpart 101–25.5 is revised to read telecommunications carriers that lack pursuant to Section 11 of the Telecommunications Act of 1996, 47 as follows: market power; and for all settlement arrangements on routes where U.S. U.S.C.161, which directs the Subpart 101±25.5ÐPurchase or Lease carriers are able to terminate at least 50 Commission to undertake a review on Determinations percent of their U.S. billed traffic in the every even-numbered year of all foreign market at rates that are at least regulations that apply to operations or § 101±25.500 Cross-reference to the 25 percent below the applicable activities of any provider of Federal Acquisition Regulation (FAR)(48 benchmark settlement rate. telecommunications service and to CFR Chapter 1, Parts 1±99). The Commission believes that the repeal or modify any regulation it determines to be no longer necessary in For guidance see Federal Acquisition new rules will create greater incentives for U.S. carriers to adopt business the public interest. In this proceeding Regulation Subpart 7.4 (48 CFR Subpart strategies that will enable them to obtain the Commission adopts most of the 7.4). low rates to terminate U.S. traffic in proposals contained in the Notice and PART 101±31ÐINSPECTION AND foreign markets. implements procedures that will grant QUALITY CONTROL DATES: These rules contain information regulatory relief to carriers while collections that have not been approved increasing the efficiency of the 3. Subpart 101–31.2 is revised to read by OMB. The Commission will publish Commission. as follows: a document in the Federal Register 2. The Commission finds that announcing the effective date of these removing the ISP and related filing

VerDate 18-JUN-99 16:07 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.XXX pfrm01 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34735 requirements between U.S. carriers and public. Carriers would thus be foreign carrier lacks market power. This foreign carriers that lack market power precluded from exchanging traffic rule change will permit carriers to rely in foreign markets would remove outside of the ISP with carriers on the on the Commission’s published list of unnecessary regulatory burdens on U.S. list unless otherwise allowed. The foreign carriers for purposes of carriers and at the same time future Commission finds that this approach determining which foreign carriers are competition in the U.S. international will best advance its policy of allowing the subject of the prohibitions contained services market. The vast majority of U.S. carriers to enter into arrangements in Section 63.14. commenting parties support this change with foreign carriers that lack market 8. The Commission concludes that it in Commission policy. power with a minimum of regulatory would serve the public interest to 3. The Commission adopted the ISP oversight, while maintaining the ISP for remove the ISP completely on certain and related filing requirements to certain arrangements with foreign routes, including for arrangements with prevent whipsawing by a foreign carriers that possess market power in foreign carriers that possess market monopoly carrier. Where the carrier in the foreign market. The Commission’s power in the foreign market. The the foreign market lacks market power, rules include a presumption that a Commission finds that lifting the ISP however, its ability to whipsaw U.S. foreign carrier does not possess market has significant merits where the carriers is substantially diminished, if power in a foreign market if it possesses potential harm due to a foreign carrier’s not eliminated. Except in unusual less than 50 percent market share in abuse of market power is limited. The circumstances, a U.S. carrier that is each of the relevant foreign markets. Commission declines, however, to adopt faced with an attempt at whipsawing by The Commission thus issues, the standard proposed in the Notice to a foreign carrier that lacks market power concurrently with the release of this remove the ISP on all routes where it on the foreign end of a particular route Order, a public notice containing a list currently allows international simple may respond by entering an agreement of foreign carriers that it believes do not resale (ISR). Instead, the Commission with a different foreign carrier on the qualify for this presumption, for the removes the ISP completely only on route. The Commission thus concludes purposes of identifying arrangements those routes where U.S. carriers have that the ISP is not necessary to prevent that are not required to comply with the the ability to settle U.S. traffic at rates whipsawing for settlement arrangements ISP and the Commission’s No Special that are 25 percent below the with foreign carriers that lack market Concessions rule. This list is based on benchmark, or less. The Commission power. publicly available information, believes this provides the proper 4. The Commission will no longer compiled from official sources, balance between, on the one hand, its require U.S. carriers that conclude including the International goal in this proceeding of eliminating arrangements with foreign carriers that Union (ITU). regulations that impede the lack market power in the foreign market (Public Notice, DA 99–809, published development of competition, and, on to comply with the terms of the ISP or elsehwere in this issue.) Interested the other hand, the longstanding goal of its contract filing requirements. Instead, parties may challenge the inclusion or the ISP of preventing anticompetitive the Commission finds that a policy that exclusion of any carrier on the list by behavior that can harm U.S. consumers. promotes the conclusion of unrestricted submitting a petition for declaratory The Commission also finds that on commercial arrangements between U.S. ruling and the appropriate supporting those routes where U.S. carriers have carriers and foreign carriers that lack documentation to demonstrate that a the ability to settle U.S. traffic at rates market power in the foreign market will that are 25 percent below the carrier included on the list lacks market best further our goal of promoting benchmark, or less, the ISP is no longer power or that a carrier excluded from competition in the international services necessary, regardless of whether the the list has market power. The market. The Commission finds that its foreign country is a WTO Member or a Commission may also amend the list on 47 CFR 43.51 contract filing non-WTO Member country. The its own motion. The list will be updated requirement should no longer apply to Commission therefore repeals this rule, periodically and posted on the any U.S. carrier arrangement with a as applied in such cases, as it is no Commission’s web page at http:// foreign carrier that lacks market power. longer in the public interest. 5. In determining whether it should www.fcc.gov/ib. Carriers are responsible 9. The Commission further finds that continue to apply the ISP, the for ensuring that arrangements they it is not necessary to require all traffic Commission adopts a presumption that enter into outside of the ISP comply that is terminated in a foreign market to a foreign carrier lacks market power with the Commission’s rules in the be settled at 25 percent below the when it possesses less than a 50 percent event of additions to the list. applicable benchmark settlement rate, market share in each of the relevant 7. The Commission amends Sections or less, in order to lift the ISP. Rather, foreign markets. 43.51 and 64.1001 to remove the ISP the Commission finds that removing the 6. The Commission finds that it is and related contract filing requirements ISP where at least 50 percent of U.S.- necessary to adopt a mechanism to for arrangements between U.S. carriers billed traffic is terminated at such rates ensure that carriers enter into and foreign carriers that lack market will ensure that the ISP is maintained arrangements that deviate from the ISP power. Section 43.51 will also specify only where it is necessary. The only with carriers that lack market procedures for modifying the list of Commission finds that the ability of power in the foreign market, and that a foreign carriers that do not qualify for U.S. carriers to terminate at least 50 relaxation of the ISP would not enable the presumption that they lack market percent of the U.S.-billed traffic in the U.S. carriers to enter into arrangements power. The Commission also amends its foreign market at rates that are 25 that deviate from the ISP with foreign No Special Concessions Rule, Section percent below the benchmark rate or carriers that could exercise their market 63.14, to eliminate the requirement that less is convincing evidence that power to the detriment of U.S. a carrier seeking to enter into an competitive pressures exist in the consumers. The Commission will exclusive arrangement with a foreign foreign market to constrain the market therefore make an affirmative finding to carrier that lacks market power submit power of the foreign carrier. The determine which carriers possess with the Section 43.51 contract filing Commission thus finds that where at market power in specific foreign (which the Commission here eliminates) least 50 percent of traffic is terminated markets, and make a list of such carriers information to demonstrate that the at rates 25 percent lower than the

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The arrangement that does not comply with arrangements. The Commission finds Commission eliminates the flexibility the ISP with a foreign carrier that that a confidential filing requirement policy and therefore removes Section possesses market power on a route for will adequately deter the kind of 64.1002 of its rules. which the ISP has not previously been anticompetitive conduct in which 14. The Commission finds, however, lifted. Such carriers must file a petition affiliated carriers or joint venture that there may be unforeseen for declaratory ruling that at least 50 partners could engage. circumstances in which it may be in the percent of U.S.-billed traffic on the route 12. Removing the ISP could public interest to allow an arrangement is terminated in the foreign market at exacerbate the concern about with a foreign carrier with market power rates that are 25 percent below the anticompetitive behavior by allowing a to deviate from the ISP, even though the benchmark settlement rate, or less. For foreign carrier to adopt a strategy that standard for removing the ISP has not upper income routes, 25 percent below would raise the costs of its U.S. been met. The Commission will the benchmark rate is 11.25 cents; for affiliate’s rivals and thus improve the therefore entertain waivers of the ISP for upper middle income routes, 25 percent position of the joint enterprise. The individual settlement arrangements. below the benchmark rate is 14.25 cents; Commission finds that on routes where Among the factors the Commission will and for lower income routes, 25 percent it removes the ISP, the danger of harm consider are whether granting such a below the benchmark rate is 17.25 cents. from such action, generally, is waiver would promote the public Carriers filing such petitions should significantly reduced. Due to heightened interest in achieving cost-based rates for include the appropriate supporting concern about anticompetitive terminating international traffic, while documentation demonstrating that the arrangements between U.S. carriers and precluding the abuse of foreign market route qualifies for exemption from the their affiliates and joint venture power. ISP. Such documentation may include partners, however, the Commission 15. The Commission finds that there settlement rate or other data published finds it necessary to adopt an additional is no valid reason to apply the No by the Commission. The Commission safeguard to deter such arrangements. Special Concessions rule to the terms will issue a public notice upon the filing The Commission adopts a safeguard that and conditions under which traffic is of such a petition and may, in each case, prohibits U.S. carriers that are affiliated settled, including the allocation of determine an appropriate deadline for or non-equity joint venture partners return traffic, on a route where the filing comments. Unopposed requests with foreign carriers that possess market Commission removes the ISP. It makes may be granted by public notice. The power in the foreign market from no sense for the No Special Concessions Commission will publish and entering into arrangements that may rule to impose a nondiscrimination periodically update a list of present a significant adverse impact on requirement for settlement arrangements international routes exempt from the competition on the international route. on routes where it removes the ISP. The ISP on the Commission’s web page at If the Commission finds that carriers point of removing the ISP is to allow http://www.fcc.gov/ib. have entered into such arrangements, market forces to determine the types of 11. The Commission also concludes the Commission reserves the right to arrangements into which carriers enter. here that it should amend its filing take appropriate action to remedy the The Commission therefore will amend requirements to allow that settlement situation, including reimposing the ISP Section 63.14 of the Commission’s rules rate information and copies of contracts on the route. to clarify that the No Special required to be filed under Section 43.51 13. In 1996, the Commission adopted Concessions rule does not apply to the be filed confidentially for arrangements the Flexibility Order (62 FR 5535, terms and conditions under which with foreign carriers that possess market February 6, 1997), which established a traffic is settled, including the allocation power on routes where it removes the framework for permitting flexibility in of return traffic, on routes where the ISP. The Commission finds that its accounting rate policies where Commission removes the ISP. The requiring carriers to file copies of appropriate market and regulatory Commission also finds that the No arrangements entered into with foreign conditions exist. Under the flexibility Special Concessions rule should apply carriers that possess market power in policy, the Commission maintains a to interconnection of international the relevant foreign telecommunications presumption in favor of allowing facilities, private line provisioning and markets provides a valuable tool to flexible settlement arrangements with maintenance, and quality of service on ensure that U.S. carriers do not enter carriers in WTO Member markets that routes where the Commission removes into arrangements that would allow the can be rebutted only by a showing that the ISP. The Commission finds that foreign carrier to exercise its market the foreign carrier that is a party to the there is still a risk of anticompetitive power to the detriment of U.S. flexible settlement arrangement does not conduct for arrangements with foreign consumers. The Commission will face competition from multiple carriers that possess market power, even therefore amend Sections 43.51 and facilities-based carriers. The on routes where the Commission 64.1001 of the Commission’s rules to Commission finds here, that the changes removes the ISP. The Commission require carriers that exchange traffic it makes in this Order to exempt from therefore will maintain the No Special with foreign carriers that possess market the ISP arrangements between U.S. and Concessions rule, as modified above, on power on routes where it has lifted the foreign carriers that lack market power, all routes, regardless of whether the ISP ISP to file information on rates paid for and between U.S. and all foreign applies. the origination and/or termination of carriers on routes that allow U.S. 16. In the Notice, the Commission international traffic and copies of their carriers to terminate at least 50 percent sought comment on whether removing contracts with these foreign carriers of their traffic at rates that are at least the ISP and related filing requirements with the Commission. Such information 25 percent below the applicable may allow carriers to enter into

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The freedom as U.S. facilities-based carriers terminates in particular geographic Commission anticipates, however, that to exchange switched traffic in regions. The Commission finds that the it may remove the service requirement correspondence with foreign carriers danger of anticompetitive effects of in the near future, as it continues to that lack market power. The grooming arrangements are unlikely. implement the new electronic filing Commission therefore modifies its rules The Commission therefore finds that a system. The Commission will therefore to permit U.S.-authorized private line prohibition against incumbent local eliminate the existing service resellers to interconnect their private exchange carriers accepting ‘‘groomed’’ requirement within 3 months of the lines to the public switched network, at international traffic is unnecessary. release of this Order. The Commission one or both ends, for the provision of 17. Given its conclusion that delegates to the Chief, International switched basic services, and thus, to grooming arrangements are not a cause Bureau the authority to implement this engage in ISR in either of the following for concern on routes where it has change and direct the International circumstances: (1) on any route where removed the ISP, the Commission Bureau to issue a Public Notice at that the resale carrier exchanges switched hereby removes the condition imposed time to make this change in the traffic with a foreign carrier that lacks on Bell Operating Company Commission’s rules. market power; or (2) on any route for international Section 214 certificates, 20. The Commission also has pending which the Commission has authorized which required these carriers to obtain two remaining issues on reconsideration the provision of ISR. This rule prior Commission approval of grooming of the Foreign Carrier Entry Order (60 supersedes the condition that appears in arrangements. FR 6732, December 29, 1995; 61 FR the Section 214 authorizations of private 18. The Commission sought comment 4937, February 9, 1996). In that order, line resellers that limits their ability to in the Notice on whether it should the Commission adopted the resell interconnected private lines to continue to afford carriers the option of requirement that U.S. facilities-based routes for which the Commission have filing either a notification or a carriers obtain separate Section 214 authorized ISR. modification notice for simple changes authority and demonstrate that 22. The Commission also directs all in accounting rates negotiated with equivalency exists when such carriers U.S. private line carriers to amend their foreign carriers. The Commission finds seek to provide ISR over their facilities- international private line tariffs to track that adopting a single procedure for based U.S. international private lines. the policy and rules the Commission accounting rate changes will simplify its The Commission adopted an exception adopts in this Order. In particular, the regulatory structure and avoid to this general rule, however, to permit Commission shall require that a carrier’s confusion for parties seeking to make a carrier to use its U.S. facilities-based tariff explicitly state the Commission’s the required filings with the private lines to carry switched traffic policy that the private line user may Commission. The Commission therefore without demonstrating equivalency engage in resale of the international adopts its proposal to remove the option where two conditions are met: (1) the private line for the provision of a of filing a notification and require that private line is interconnected to the switched, basic telecommunications all accounting rate filings be governed public switched network on one end service upon authorization from the under the existing procedures for only—either the U.S. end or the foreign Commission under Section 214 of the accounting rate modifications. end; and (2) the foreign correspondent Communications Act of 1934, as 19. The Commission also sought with which the U.S. facilities-based amended, and provided that the private comment on the extent to which it carrier is interchanging switched traffic line is used only on a route where the should continue to require that carriers is not the owner of the underlying resale carrier exchanges switched traffic making accounting rate filings serve foreign private line half-circuit. The with a foreign carrier that the every carrier that provides service on Commission finds above that there are Commission has determined lacks the international route with a copy of significant public interest benefits to market power; or on any route for which the filing. The Commission noted that permitting U.S. facilities-based carriers the Commission has authorized the the number of international carriers is to provide switched services, without provision of switched services over growing on many routes and sought limitation, outside the ISP in private lines. Carriers will be required to comment on whether another approach correspondence with foreign carriers amend their international private line is warranted. The Commission also that lack market power. In light of this tariffs within ten days after the effective noted that it had been urged to require conclusion, the provision the date of the rules adopted in this order. that accounting rate filings be placed on Commission adopted in the Foreign Final Regulatory Flexibility public notice, as is required for petitions Carrier Entry Order permitting one-end Certification seeking approval of flexible settlement interconnection by U.S. facilities-based arrangements. Further, the Commission carriers is superfluous. The 23. The Regulatory Flexibility Act noted that it has introduced an Commission’s decision to lift the ISP for (RFA), 5 U.S.C. 601 et seq., requires that electronic filing mechanism for all U.S. carrier arrangements with a regulatory flexibility analysis be accounting rate filings, and that foreign carriers that lack market power prepared for notice-and-comment information contained in such filings thus effectively subsumes the rule that rulemaking proceedings, unless the would be available on the Commission’s permits one-end interconnection by U.S. agency certifies that ‘‘the rule will not, web site at http://www.fcc.gov/ib. The facilities-based carriers. The if promulgated, have a significant Commission’s electronic filing system Commission therefore eliminates that economic impact on a substantial for accounting rate filings was rule. number of small entities.’’ The RFA introduced very recently, however, and 21. British Telecommunications North generally defines ‘‘small entity’’ as the Commission has not had sufficient America (BTNA) seeks reconsideration having the same meaning as the terms

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‘‘small business,’’ ‘‘small organization,’’ Business Administration, and will be neither the Commission nor the SBA and ‘‘small governmental jurisdiction.’’ published in the Federal Register. See has developed a small business In addition, the term ‘‘small business’’ 5 U.S.C. 605(b). definition specifically applicable to the has the same meaning as the term entities potentially affected by its Supplemental Final Regulatory action, the Commission utilizes the ‘‘small business concern’’ under the Flexibility Analysis Small Business Act. A small business pertinent definition under the SBA concern is one which: (1) is 25. As required by the Regulatory rules. Here, neither the Commission nor independently owned and operated; (2) Flexibility Act (RFA), an Initial the SBA has developed a definition of is not dominant in its field of operation; Regulatory Flexibility Analysis (IRFA) small entities specifically applicable to and (3) satisfies any additional criteria was incorporated in the Notice in IB resellers. The closest applicable SBA established by the Small Business Docket No. 95–22, and a Final definition for a reseller is a telephone Administration (SBA). Regulatory Flexibility Analysis (FRFA) communications company other than a was incorporated into the Report and 24. In the Notice in this proceeding, () company. The Order in that docket. The Order the Commission certified that the Commission describes available contains a Supplemental Final proposed rules ‘‘[would] not, if statistics for telecommunications Regulatory Flexibility Analysis promulgated, have a significant entities generally, including resellers, (Supplemental FRFA) which conforms economic impact on a substantial then give more particular information to the RFA. number of small entities.’’ No comments on resellers. 26. Need for, and Objectives of, the 30. The SBA has developed a small were received concerning this Present Action. This action creates business definition for establishments certification. The purposes of this greater opportunities for U.S. engaged in providing ‘‘Telephone proceeding are to eliminate some international private line resellers to Communications, Except regulatory requirements and to simplify carry U.S. international traffic outside of Radiotelephone’’ (wireless) to be such and clarify other existing rules. These the settlements process. It also businesses having no more than 1,500 rule changes will affect facilities-based harmonizes the treatment of private line employees. The U.S. Bureau of the international telecommunications resellers with that of facilities-based Census reports that there were 2,321 carriers exclusively—in particular, carriers. such telephone companies in operation approximately 10 facilities-based 27. Summary of Significant Issues for at least one year at the end of 1992. international telecommunications Raised by Reconsideration Petitions. No All but 26 of the 2,321 non- carriers. Neither the Commission nor petitions were received in direct radiotelephone companies listed by the SBA has developed a small business response to the FRFA in the Report and Census Bureau were reported to have definition specifically applicable to Order, nor were small business issues fewer than 1,000 employees. Thus, even such international carriers; therefore, raised. if all 26 of those companies had more the Commission will utilize the 28. Description and Estimate of the than 1,500 employees, there would still definition under the SBA rules for Number of Small Entities to which the be 2,295 non-radiotelephone companies Communications Services, Not Rules Will Apply. As noted in the that might qualify as small entities. The Elsewhere Classified (NEC). Under this associated Final Regulatory Flexibility Commission does not have data definition, a small business is one with Certification in IB Docket No. 98–148, specifying the number of these carriers $11.0 million or less in annual receipts. supra, the RFA directs agencies to that are not independently owned and Based on information filed with the provide a Regulatory Flexibility operated, and thus are unable at this Commission, the subject facilities-based Analysis in notice-and-comment time to estimate with greater precision international telecommunications rulemaking proceedings, unless the the number of wireline carriers and carriers do not fall within the above agency certifies that ‘‘the rule will not, service providers that would qualify as definition of ‘‘small business’’ because if promulgated, have a significant small business concerns under the they each have more than $11.0 million economic impact on a substantial SBA’s definition. Consequently, the in annual receipts. The rule number of small entities.’’ The Commission estimates that fewer than modifications at issue do not impose Commission’s action on reconsideration 2,295 small telephone communications any additional compliance burden on in IB Docket No. 95–22 will affect companies other than radiotelephone persons dealing with the Commission, telecommunications resellers, including companies are small entities that may be including small entities. Rather, this resellers that are small businesses; affected by present action. action removes filing requirements in therefore, the Commission incorporates 31. The most reliable source of scaling back application of the this present Supplemental FRFA into its information regarding the total numbers Commission’s International Settlements Report and Order and Order on of certain common carrier and related policy. Accordingly, the Commission Reconsideration. providers nationwide, as well as the certifies, pursuant to the RFA, that the 29. In light of the petitions for numbers of commercial wireless rules adopted herein will not have a reconsideration in IB Docket No. 95–22, entities, appears to be data the significant economic impact on a the Commission modifies its rules to Commission publishes annually in its substantial number of small entities. allow U.S. international private line Telecommunications Industry Revenue The Commission will send a copy of the resellers to carry switched traffic over report, regarding the Report and Order and Order on international private line circuits in Telecommunications Relay Service Reconsideration, including a copy of correspondence with foreign carriers (TRS). According to TRS data, 339 this final certification, in a report to that lack market power. The reported that they were engaged in the Congress pursuant to the Small Business Commission expects that these changes resale of telephone service (including Regulatory Enforcement Fairness Act of will allow U.S. private line resellers, debit card providers). The Commission 1996, see 5 U.S.C. 801(a)(1)(A). In including small entities, to take does not have data specifying the addition, the Report and Order and advantage of new opportunities in the number of these carriers that are not Order on Reconsideration and this international telecommunications independently owned and operated or certification will be sent to the Chief marketplace. As noted in the associated have more than 1,500 employees, and Counsel for Advocacy of the Small certification, supra, in instances where thus are unable at this time to estimate

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.188 pfrm07 PsN: 29JNR1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34739 with greater precision the number of and other Federal agencies to take this served and also to enforce Commission resellers that would qualify as small opportunity to comment on the policies. business concerns under the SBA’s following information collection, as OMB Control Number: 3060–0764. definition. Consequently, the required by the Paperwork Reduction Title: Regulation of International Commission estimates that there are Act of 1995, Public Law 104–13. Public Accounting Rates. fewer than 339 small entity resellers and agency comments are due August Form Number: N/A. that may be affected by the rules. 30, 1999. Comments should address the Type of Review: Elimination of a 32. Steps Taken to Minimize following: (a) whether the proposed currently approved collection. Significant Economic Impact on Small collection of information is necessary Respondents: Business and other for- Entities, and Significant Alternatives for the proper performance of the profit entities. Considered. In its reconsideration of IB functions of the Commission, including Number of Respondents: -30. Docket No. 95–22, the Commission whether the information shall have Estimated Time Per Response: 16 modifies its rules to allow U.S. private practical utility; (b) the accuracy of the hours. line resellers to carry switched traffic Commission’s burden estimate; (c) ways Total Annual Burden: -80 hours. over international private line circuits to enhance the quality, utility, and Total Annual Costs: -$180.000. in correspondence with foreign carriers clarity of the information collected; and Needs and Uses: This Order removes that lack market power. The (d) ways to minimize the burden of the Section 64.1002, and thus this Commission expects that these changes collection of information on the collection of information is no longer will expand the ability of U.S. private respondents, including the use of line resellers, including small entities, necessary. automated collection techniques or Written comments by the public on to reap economic benefits by taking other forms of information technology. advantage of new opportunities in the the proposed information collections are OMB Control Number: 3060–XXXX. due on or before August 30, 1999. Direct international telecommunications Title: Operating Agreements of marketplace. all comments to Les Smith, Federal Common Carriers & Affiliates. Communications Commission, 445 12th 33. Description of Projected Form Number: N/A. Reporting, Recordkeeping, and Other Street, S.W., Washington, DC 20554 or Type of Review: New collection. via the Internet to [email protected]. For Compliance Requirements. As Respondents: Business and other for- discussed, in reconsideration of the additional information or copies of the profit entities. information collections contact Les petitions in IB Docket No. 95–22, the Number of Respondents: 20. Commission modifies its rules to allow Smith at (202) 418–0217 or via the Number of Responses: 1180. Internet at [email protected]. U.S. private line resellers to carry Estimated Time Per Response: 5 switched traffic over international hours. Ordering Clauses private line circuits in correspondence Frequency of Response: On Occasion. with foreign carriers that lack market 36. Accordingly, it is ordered that, Total Annual Burden: 5900. power. Authorized private line resellers pursuant to Sections 1, 2, 4(i), 201, 203, Total Annual Costs: None. will be subject to no reporting, 205, 214, 303(r), and 309 of the Needs and Uses: The information recordkeeping, or compliance Communications Act of 1934, as contained in these reports will be used requirements in order to carry switched amended, 47 U.S.C. Sections 151, 152, by the Commission to determine traffic over international private line 154(i), 201, 205, 214, 303(r), 309, the whether the activities reported have circuits in correspondence with foreign policies, rules, and requirements affected or are likely to affect adversely carriers that lack market power. discussed herein are adopted and Parts 34. Report to Congress. The the carrier’s service to the public or 43 and 63 of the Commission’s rules, 47 Commission will send a copy of the whether these activities result in undue CFR Parts 43 and 63, are amended as set Report and Order and Order on or unreasonable increases in charges. If forth in the rule changes. Reconsideration, including this this information was not reported, the 37. It is further ordered that the Supplemental FRFA, in a report to be Commission would not be able to petitions for reconsideration in CC sent to Congress pursuant to the Small ascertain the impact of these activities Docket No. 90–337 are denied. Business Regulatory Enforcement on the just and reasonable rates as 38. It is further ordered that the Fairness Act of 1996, see 5 U.S.C. required by the Act. petitions for reconsideration in IB 801(a)(1)(A). In addition, the OMB Control Number: 3060–0454. Docket No. 95–22 are granted in part Commission will send a copy of the Title: Regulation of International and denied in part, as discussed herein. Report and Order and Order on Accounting Rates. 39. It is further ordered that the Reconsideration, including this Form Number: N/A. Commission’s Office of Public Affairs, Supplemental FRFA, to the Chief Type of Review: Revision of a Reference Operations Division, shall Counsel for Advocacy of the Small currently approved collection. send a copy of this Report and Order Business Administration. A copy of the Respondents: Business and other for- and Order on Reconsideration, Report and Order and Order on profit entities. including the Final Regulatory Reconsideration and Supplemental Number of Respondents: 20. Flexibility Certification and the FRFA (or summaries thereof) will also Estimated Time Per Response: l hour. Supplemental Final Regulatory be published in the Federal Register. Frequency of Response: On occasion. Flexibility Analysis, to the Chief See 5 U.S.C. 604(b). We estimate that more carriers will file Counsel for Advocacy of the Small for fewer markets (about 38). Third Business Administration. Paperwork Reduction Act of 1995 party disclosure. 40. It is further ordered that the Analysis Total Annual Burden: 760. policies, rules, and requirements 35. This Order contains information Total Annual Costs: $25,270. established in this decision shall take collections which will be submitted to Needs and Uses: The information is a effect after the Commission publishes a the Office of. As part of our continuing method for the Commission to monitor document in the Federal Register effort to reduce paperwork burdens, the the international accounting rates to announcing the effective date of these Commission invites the general public ensure that the public interest is being rules or in accordance with the

VerDate 18-JUN-99 09:34 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\A29JN0.189 pfrm07 PsN: 29JNR1 34740 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations requirements of 5 U.S.C. 801(a)(3) and communications, and enters into a providing switched voice, telex, 44 U.S.C. 3507. contract with another carrier, including telegraph, or packet-switched service an operating agreement with a between the United States and a foreign List of Subjects in 47 CFR Parts 0, 43, communications entity in a foreign point pursuant to an operating 63, and 64 point for the provision of a common agreement that is exempt from the Communications common carriers, carrier service between the United international settlements policy under Reporting and recordkeeping States and that point; must file with the paragraph (g) of this section, the carrier requirements. Commission, within thirty (30) days of shall not bargain for or agree to accept Federal Communications Commission. execution, a copy of each contract, more than its proportionate share of Magalie Roman Salas, agreement, concession, license, return traffic. (2) Except as provided in paragraph Secretary. authorization, operating agreement or other arrangement to which it is a party (g) of this section, if a carrier files an Rule Changes and amendments thereto with respect to amendment to the operating agreement For the reasons discussed in the the following: referred to in paragraph (a) of this preamble, the Federal Communications (1) The exchange of services; section under which it already provides Commission amends 47 CFR parts 0, 43, (2) Except as provided in paragraph switched voice, telex, telegraph, or 63, and 64 as follows: (c) of this section, the interchange or packet-switched service between the routing of traffic and matters concerning United States and a foreign point, and PART 0ÐCOMMISSION rates, accounting rates, division of tolls, other carriers provide the same or ORGANIZATION or the basis of settlement of traffic similar service to the same foreign balances; and point, and the amendment relates to the 1. The authority citation for part 0 (3) The rights granted to the carrier by exchange of services, interchange or continues to read as follows: any foreign government for the landing, routing of traffic and matters concerning Authority: Secs. 5, 48 Stat. 1068, as connection, installation, or operation of rates, accounting rates, division of tolls, amended; 47 U.S.C. 155. cables, land lines, radio stations, offices, the allocation of return traffic, or the 2. Section 0.457 is amended by or for otherwise engaging in basis of settlement of traffic balances, adding paragraph (d)(1)(vi) to read as communication operations. the carrier must also file with the follows: (b) If the agreement referred to in this International Bureau a modification section is made other than in writing, a request under § 64.1001 of this chapter. § 0.457 Records not routinely available for certified statement covering all details (f) Confidential treatment. (1) A public inspection. thereof must be filed by at least one of carrier providing service on an international route that is exempt from * * * * * the parties to the agreement. Each other the international settlements policy (d) * * * party to the agreement which is also under paragraph (g)(2) of this section, (1) * * * subject to these provisions may, in lieu but that is required by paragraph (a) or (vi) The rates, terms and conditions in of also filing a copy of the agreement, (b) of this section to file a contract any agreement between a U.S. carrier file a certified statement referencing the covering that route with the and a foreign carrier that govern the filed document. The Commission may, Commission, may request confidential settlement of U.S. international traffic, at any time and upon reasonable treatment under § 0.457 of this chapter including the method for allocating request, require any communication for the rates, terms and conditions that return traffic, if the U.S. international common carrier not subject to the govern the settlement of U.S. route is exempt from the international provisions of this section to submit the international traffic. settlements policy under § 43.51(g) of documents referenced in this section. this chapter. (2) Carriers requesting confidential * * * * * * * * * * treatment under this paragraph must (e) International settlements policy. include the information specified in PART 43ÐREPORTS OF (1) Except as provided in paragraph (g) § 64.1001(c) of this chapter. Such filings COMMUNICATION COMMON of this section, if a carrier files an shall be made with the Commission, CARRIERS AND CERTAIN AFFILIATES operating agreement (whether in the with a copy to the Chief, International form of a contract, concession, license, Bureau. The transmittal letter 3. The authority citation for part 43 etc.) referred to in paragraph (a) of this accompanying the confidential filing continues to read as follows: section to begin providing switched shall clearly identify the filing as Authority: 47 U.S.C. 154; voice, telex, telegraph, or packet- responsive to § 43.51(f). Telecommunications Act of 1996, Pub. L. switched service between the United (g) Exemption from the international 104–104, secs. 402(b)(2)(B), (c), 110 Stat. 56 States and a foreign point and the terms settlements policy and contract filing (1996) as amended unless otherwise noted. and conditions of such agreement requirements. 47 U.S.C. 211, 219, 220 as amended. relating to the exchange of services, (1) A carrier that enters into a 4. Section 43.51 is amended by interchange or routing of traffic and contract, including an operating revising paragraphs (a), (b) and (e), and matters concerning rates, accounting agreement, for the provision of a by adding paragraphs (f) and (g) to read rates, division of tolls, the allocation of common carrier service between the as follows: return traffic, or the basis of settlement United States and a foreign point with of traffic balances, are not identical to a carrier that lacks market power in that § 43.51 Contracts and concessions. the equivalent terms and conditions in foreign market is not subject to the (a) Any communications common the operating agreement of another requirements of paragraphs (a), (b) or (e) carrier that: is engaged in domestic carrier providing the same or similar of this section. communications and has not been service between the United States and (i) A foreign carrier lacks market classified as nondominant pursuant to the same foreign point, the carrier must power for purposes of paragraph (g)(1) § 61.3 of this chapter or, except as also file with the International Bureau a of this section if it does not appear on provided in paragraphs (f) and (g) of this modification request under § 64.1001 of the Commission’s list of foreign carriers section, is engaged in foreign this chapter. Unless a carrier is that do not qualify for the presumption

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(e)(2) and 63.23(d)(2), a carrier may power in particular foreign points is Note to paragraph (g): The Commission’s provide switched basic services over its available from the International benchmark settlement rates are available in authorized private lines if and only if Bureau’s World Wide Web site at http:/ International Settlement Rates, IB Docket No. the country at the foreign end of the /www.fcc.gov/ib. 96–261, Report and Order, 12 FCC Rcd private line appears on a Commission (ii) The Commission will include on 19,806, 62 FR 45758 (August 29, 1997). list of destinations to which the the list of foreign carriers that do not Commission has authorized the qualify for the presumption that they PART 63ÐEXTENSION OF LINES AND provision of switched services over lack market power in particular foreign DISCONTINUANCE, REDUCTION, private lines. The list of authorized points any foreign carrier that has 50 OUTAGE AND IMPAIRMENT OF destinations is available from the percent or more market share in the SERVICE BY COMMON CARRIERS; International Bureau’s World Wide Web international transport or local access AND GRANTS OF RECOGNIZED site at http://www.fcc.gov/ib. PRIVATE OPERATING AGENCY markets of a foreign point. A party that * * * * * seeks to remove such a carrier from the STATUS 8. Section 63.22 is amended by Commission’s list bears the burden of revising paragraph (e) to read as follows: submitting information to the 5. The authority citation for part 63 Commission sufficient to demonstrate continues to read as follows: § 63.22 Facilities-based international that the foreign carrier lacks 50 percent Authority: 47 U.S.C. 151, 154(i), 154(j), common carriers. market share in the international 160, 161, 201–205, 218, 403, 533 unless * * * * * transport and local access markets on otherwise noted. (e)(1) Except as provided in paragraph the foreign end of the route or that it 6. Section 63.14 is amended by (e)(2) of this section, the carrier may nevertheless lacks sufficient market revising paragraphs (a) and (c), and by provide switched basic services over its power on the foreign end of the route to removing paragraph (d), to read as authorized facilities-based private lines affect competition adversely in the U.S. follows: if and only if the country at the foreign market. A party that seeks to add a end of the private line appears on a carrier to the Commission’s list bears § 63.14 Prohibition on agreeing to accept Commission list of countries to which the burden of submitting information to special concessions. the Commission has authorized the the Commission sufficient to (a) Any carrier authorized to provide provision of switched services over demonstrate that the foreign carrier has international communications service private lines. See § 63.16. If at any time 50 percent or more market share in the under this part shall be prohibited, the Commission removes the country international transport or local access except as provided in paragraph (c) of from that list or finds that market markets on the foreign end of the route this section, from agreeing to accept distortion has occurred in the routing of or that it nevertheless has sufficient special concessions directly or traffic between the United States and market power to affect competition indirectly from any foreign carrier with that country, the carrier shall comply adversely in the U.S. market. respect to any U.S. international route with enforcement actions taken by the (2) A carrier that enters into a where the foreign carrier possesses Commission. contract, including an operating sufficient market power on the foreign (2) The carrier may use its authorized agreement, with a carrier in a foreign end of the route to affect competition facilities-based private lines to provide point for the provision of a common adversely in the U.S. market and from switched basic services in carrier service between the United agreeing to accept special concessions circumstances where the carrier is States and that point is not subject to in the future. exchanging switched traffic with a the international settlements policy in foreign carrier that lacks market power paragraph (e) of this section if the Note to paragraph (a): Carriers may rely on the Commission’s list of foreign carriers that in the country at the foreign end of the foreign point appears on the do not qualify for the presumption that they private line. Commission’s list of international routes lack market power in particular foreign (3) A foreign carrier lacks market that the Commission has exempted from points for purposes of determining which power for purposes of paragraph (e)(2) the international settlements policy. The foreign carriers are the subject of the of this section if it does not appear on list of exempt routes is available from prohibitions contained in this section. The the Commission’s list of foreign carriers the International Bureau’s World Wide Commission’s list of foreign carriers that do that do not qualify for the presumption Web site at http://www.fcc.gov/ib. not qualify for the presumption that they lack that they lack market power in (i) A party that seeks to add a foreign market power is available from the particular foreign points. This list is market to the list of markets that are International Bureau’s World Wide Web site at http://www.fcc.gov/ib. available from the International exempt from the international Bureau’s World Wide Web site at settlements policy must show that U.S. * * * * * http://www.fcc.gov/ib. (c) This section shall not apply to the carriers are able to terminate at least 50 * * * * * percent of U.S.-billed traffic in the rates, terms and conditions in an 9. Section 63.23 is amended by foreign market at rates that are at least agreement between a U.S. carrier and a revising paragraph (d) to read as 25 percent below the benchmark foreign carrier that govern the follows: settlement rate adopted for that country settlement of international traffic, in IB Docket No. 96–261. including the method for allocating § 63.23 Resale-based international (ii) A party that seeks to remove a return traffic, if the international route common carriers. foreign market from the list of markets is exempt from the international * * * * * that are exempt from the international settlements policy under § 43.51(g)(2) of (d)(1) Except as provided in paragraph settlements policy must show that U.S. this chapter. (d)(2) of this section, the carrier may carriers are unable to terminate at least 7. Section 63.16 is amended by provide switched basic services over its 50 percent of U.S.-billed traffic in the revising paragraph (a) to read as follows: authorized resold private lines if and

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If at any time (7) An explanation of the proposed the Commission removes the country modification(s) in the operating FEDERAL COMMUNICATIONS from that list or finds that market agreement with the foreign COMMISSION distortion has occurred in the routing of correspondent. traffic between the United States and (d) A modification request must 47 CFR Part 73 that country, the carrier shall comply contain a notarized statement that the [MM Docket No. 98±189; RM±9377; RM± with enforcement actions taken by the filing carrier: 9475] Commission. (1) Has not bargained for, nor has (2) The carrier may use its authorized knowledge of, exclusive availability of Radio Broadcasting Services; resold private lines to provide switched the new accounting rate; Manzanita, Cannon Beach and Bay basic services in circumstances where (2) Has not bargained for, nor has any City, OR the carrier is exchanging switched indication that it will receive, more than AGENCY: traffic with a foreign carrier that lacks its proportionate share of return traffic; Federal Communications market power in the country at the and Commission. foreign end of the private line. (3) Has informed the foreign ACTION: Final rule. (3) A foreign carrier lacks market administration that U.S. policy requires SUMMARY: The Commission, at the power for purposes of paragraph (d)(2) that competing U.S. carriers have access request of John L. Zolkoske and Broad of this section if it does not appear on to accounting rates negotiated by the Spectrum Communications, Inc., allots the Commission’s list of foreign carriers filing carrier with the foreign Channel 242A to Bay City, OR, as the that do not qualify for the presumption administration on a nondiscriminatory community’s first local aural service, that they lack market power in basis. substitutes Channel 235C3 for Channel particular foreign points. This list is (e) An operating agreement or 243A at Cannon Beach, OR, and available from the International amendment filed under a modification modifies the license of Station KCBZ to Bureau’s World Wide Web site at request cannot become effective until specify the higher powered channel. http://www.fcc.gov/ib. the modification request has been The proposal of Zolkoske to allot * * * * * granted under paragraph (g) of this Channel 235A to Manzanita, OR, as its section. first local aural service, is dismissed. PART 64 ÐMISCELLANEOUS RULES (f) Carriers must serve a copy of the RELATING TO COMMON CARRIERS See 63 FR 59263, November 3, 1998. modification request on all carriers Channel 242A can be allotted to Bay providing the same or similar service to City in compliance with the 10. The authority citation for part 64 the foreign administration identified in continues to read as follows: Commission’s minimum distance the filing on the same day a separation requirements without the Authority: 47 U.S.C. 10, 201, 218, 226, 228, modification request is filed. 332 unless otherwise noted. imposition of a site restriction, at (g) All modification requests will be coordinates 45–31–24 NL; 123–53–18 11. Section 64.1001 is amended by subject to a twenty-one (21) day WL. Channel 235C3 can be allotted to revising paragraphs (b) through (g) and pleading period for objections or Cannon Beach without the imposition of by removing paragraphs (h) through (l) comments, commencing the date after a site restriction, at coordinates 45–53– to read as follows: the request is filed. If the modification 42 NL; 123–57–36 WL. Canadian request is not complete when filed, the concurrence in these allotments has § 64.1001 International settlements policy carrier will be notified that additional and modification requests. been obtained since both Bay City and information is to be submitted, and a Cannon Beach are located within 320 * * * * * new 21 day pleading period will begin kilometers (200 miles) of the U.S.- (b) If the international settlement when the additional information is Canadian border. With this action, this arrangement in the operating agreement filed. The modification request will be proceeding is terminated. or amendment referred to in deemed granted as of the twenty-second § 43.51(e)(1) or (e)(2) of this chapter (22nd) day without any formal staff DATES: Effective August 2, 1999. A filing differs from the arrangement in effect in action being taken: provided window for Channel 242A at Bay City, the operating agreement of another (1) No objections have been filed, and OR, will not be opened at this time. carrier providing service to or from the (2) The International Bureau has not Instead, the issue of opening a filing same foreign point, the carrier must file notified the carrier that grant of the window for this channel will be a modification request under this modification request may not serve the addressed by the Commission in a section unless the international route is public interest and that implementation subsequent order. exempt from the international of the proposed modification must await FOR FURTHER INFORMATION CONTACT: settlements policy under § 43.51(g) of formal staff action on the modification Leslie K. Shapiro, Bureau, this chapter. request. If objections or comments are (202) 418–2180. (c) A modification request must filed, the carrier requesting the SUPPLEMENTARY INFORMATION: This is a contain the following information: modification request may file a response synopsis of the Commission’s Report (1) The applicable international pursuant to § 1.45 of this chapter. and Order, MM Docket No. 98–189, service; Modification requests that are formally adopted June 9, 1999, and released June (2) The name of the foreign opposed must await formal action by 18, 1999. The full text of this telecommunications administration; the International Bureau before the Commission decision is available for (3) The present accounting rate proposed modification can be inspection and copying during normal (including any surcharges); implemented. business hours in the FCC Reference

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Center (Room 239), 445 12th Street, SW, FOR FURTHER INFORMATION CONTACT: implementing requirements of the Washington, DC. The complete text of Kathleen Scheuerle, Mass Media American Fisheries Act (AFA) related to this decision may also be purchased Bureau, (202) 418–2180. the 1999 Western Alaska Community from the Commission’s copy contractor, SUPPLEMENTARY INFORMATION: This is a Development Quota (CDQ) Program. International Transcription Services, summary of the Commission’s Report This action revises pollock CDQ catch Inc., (202) 857–3800, 1231 20th Street, and Order, MM Docket No. 98–133, accounting regulations and removes the NW, Washington, DC 20036. adopted June 9, 1999, and released June squid allocation from the CDQ program. The emergency interim rule that is List of Subjects in 47 CFR Part 73 18, 1999. The full text of this Commission decision is available for effective from January 21, 1999, through Radio broadcasting. inspection and copying during normal July 20, 1999, is extended through Part 73 of Title 47 of the Code of business hours in the Commission’s December 31, 1999. This action is Federal Regulations is amended as Reference Center, 445 12th Street, SW, necessary to implement CDQ Program- follows: Washington, DC. The complete text of related provisions of the AFA. this decision may also be purchased PART 73Ð[AMENDED] DATES: The expiration date for ‘‘Directed from the Commission’s copy fishing for pollock CDQ,’’ the 1. The authority citation for Part 73 contractors, International Transcription amendments to § 679.20(b)(1)(iii)(A) and continues to read as follows: Services, Inc., 1231 20th Street, NW., (b)(1)(iii)(D), and § 679.32(e) of the Authority: 47 U.S.C. 154, 303, 334. 336. Washington, DC. 20036, (202) 857–3800, emergency interim rule published facsimile (202) 857–3805. January 26, 1999 (64 FR 3877), and as § 73.202 [Amended] List of Subjects in 47 CFR Part 73 amended April 26, 1999 (64 FR 20210), 2. Section 73.202(b), the Table of FM Radio broadcasting. is extended from July 20, 1999, through Allotments under Oregon, is amended December 31, 1999. by adding Bay City, Channel 242A, and Part 73 of title 47 of the Code of ADDRESSES: Copies of the by removing Channel 243A and adding Federal Regulations is amended as Environmental Assessment/Regulatory Channel 235C3 at Cannon Beach. follows: Impact Review (EA/RIR) prepared for Federal Communications Commission. PART 73Ð[AMENDED] the initial emergency interim rule may John A. Karousos, 1. The authority citation for Part 73 be obtained from Sue Salveson, Chief, Allocations Branch, Policy and Rules continues to read as follows: Assistant Regional Administrator, Division, Mass Media Bureau. Sustainable Fisheries Division, Alaska [FR Doc. 99–16431 Filed 6–28–99; 8:45 am] Authority: 47 U.S.C. 154, 303, 334 and 336. Region, NMFS, P.O. Box 21668, Juneau, BILLING CODE 6712±01±P § 73.202 [Amended] AK 99802–1668, Attention: Lori Gravel. 2. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: Sue Allotments under Texas, is amended by FEDERAL COMMUNICATIONS Salveson, 907–586–7228. adding Channels 274A and 280A at COMMISSION SUPPLEMENTARY INFORMATION: Zapata. 47 CFR Part 73 Federal Communications Commission. Management Background and Need for Action [MM Docket No. 98±133; RM±9314] John A. Karousos, Chief, Allocations Branch, Policy and Rules NMFS manages fishing for groundfish Radio Broadcasting Services; Zapata, Division, Mass Media Bureau. by U.S. vessels in the exclusive TX [FR Doc. 99–16433 Filed 6–28–99; 8:45 am] economic zone of the Bering Sea and BILLING CODE 6712±01±P AGENCY: Federal Communications Aleutian Islands management area Commission. (BSAI) according to the Fishery Management Plan for the Groundfish ACTION: Final rule. DEPARTMENT OF COMMERCE Fishery of the Bering Sea and Aleutian SUMMARY: This document allots Channel Islands Area (FMP). The North Pacific National Oceanic and Atmospheric 274A to Zapata, Texas, in response to a Fishery Management Council (Council) Administration petition filed by Arturo Lopez and prepared the FMP under authority of the Eleazar Trevino. See 63 FR 6078, 50 CFR Part 679 Magnuson-Stevens Fishery February 6, 1998. The coordinates for Conservation and Management Act Channel 274A at Zapata are 26–54–30 [Docket No. 980817221±9020±02; I.D. (Magnuson-Stevens Act). Regulations and 99–16–18. In response to comments 072898A] governing fishing by U.S. vessels and filed by Encarnacion A. Guerra in this RIN 0648±AL22 implementing the FMP appear at 50 proceeding, we shall also allot Channel CFR parts 600 and 679. 280A to Zapata. The coordinates for Fisheries of the Exclusive Economic The President signed the AFA into Channel 280A at Zapata are 26–54–30 Zone Off Alaska; Western Alaska law on October 20, 1998, as part of the and 99–16–18. Mexican concurrence Community Development Quota Omnibus Appropriations Bill FY99, has been obtained for the allotment of Program; Extension of Expiration Date (Pub. L. 105–277). NMFS determined Channels 274A and 280A at Zapata. AGENCY: National Marine Fisheries that two changes to the CDQ Program With this action, this proceeding is Service (NMFS), National Oceanic and regulations were necessary in order for terminated. A filing window for Atmospheric Administration (NOAA), the CDQ Program-related provisions of Channels 274A and 280A at Zapata will Commerce. the AFA to be effective by January 1999. not be opened at this time. Instead, the ACTION: Emergency interim rule; These two regulatory changes were (1) issue of opening a filing window for extension of expiration date. to allow pollock bycatch in the non- these channels will be addressed by the pollock groundfish CDQ fisheries to Commission in a subsequent order. SUMMARY: NMFS extends the expiration accrue against the allowance for EFFECTIVE DATE: August 2, 1999. date of an emergency interim rule incidental catch of pollock established

VerDate 18-JUN-99 16:07 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.XXX pfrm01 PsN: 29JNR1 34744 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations by section 206(b) of the AFA and (2) to AFA provisions relating to the CDQ Similarly, under 5 U.S.C. 553(d)(3), remove the allocation of squid from the Program. Specifically, revisions to the the AA finds for good cause that a 30- CDQ Program in order to allow the CDQ definition of groundfish CDQ fishing day delay in the effective date of this groups to maximize the possibility that were made permanent; § 679.32(a)(2), rule would be contrary to the public the pollock CDQ directed fishing (a)(3), and (e) were permanently interest. Because prior notice and allowance will be fully harvested. At its removed; and § 679.32(g) was opportunity for public comment are not November 1998 meeting, the Council redesignated as § 679.32(e). Under this required for this rule by 5 U.S.C. 553 or concurred with NMFS’s extension of the expiration date for the by any other law, the analytical recommendation for these changes. emergency interim rule, new § 679.32(e) requirements of the Regulatory NMFS published the emergency will expire on December 31, 1999. Flexibility Act, 5 U.S.C. 601 et seq., are interim rule implementing these inapplicable. regulatory changes in the Federal Classification Register on January 26, 1999 (64 FR The Assistant Administrator for The emergency interim rule contains 3877), effective through July 20, 1999. Fisheries, NOAA (AA), has determined a reduction in a collection-of- Specifically, the emergency interim rule that this rule is necessary to respond to information requirement subject to the (1) establishes a new definition of an emergency situation and that it is Paperwork Reduction Act. The directed fishing for pollock CDQ, (2) consistent with the Magnuson-Stevens collection of this information has been revises specifications of the groundfish Act and other applicable laws. approved by the Office of Management CDQ reserves at § 679.20(b)(1)(iii), and Extension of this emergency interim and Budget, OMB control number 0648– (3) revises pollock CDQ catch rule is necessary to continue to monitor 0269. Shoreside processors and CDQ accounting regulations at § 679.32(a)(2) and manage catch of pollock in the CDQ groups are currently required to report and (e). The preamble to the initial fisheries required by the AFA. Failure to all pollock harvested in the CDQ emergency interim rule provides more extend this action would prevent the fisheries on CDQ delivery reports and background on the justification and CDQ groups from taking advantage of CDQ catch reports. This emergency effects of this action. No comments were the AFA’s provisions that only pollock interim rule requires that the incidental received during the comment period for harvested while directed fishing for catch of pollock in non-pollock CDQ the initial emergency interim rule. pollock CDQ will accrue against the fisheries not be reported on the CDQ NMFS intends to initiate proposed and pollock CDQ allocation and could result delivery report and the CDQ catch final rulemaking later in 1999 to in squid bycatch limiting the total catch report. permanently implement these CDQ of pollock CDQ. The AA finds good cause to extend the emergency interim This rule has been determined to be Program-related provisions of the AFA. not significant for purposes of E.O. This current action extends the rule in accordance with section 12866. expiration date of the emergency 305(c)(3)(B) of the Magnuson-Stevens interim rule, as amended, through Act. Pursuant to authority set forth at 5 Authority: 16 U.S.C. 1801 et seq. U.S.C. 553(b)(B), the AA finds that these December 31, 1999. Dated: June 23, 1999. On April 26, 1999 (64 FR 20210), reasons constitute good cause to waive NMFS issued a final rule amending the the requirement to provide prior notice Andrew A. Rosenberg, regulations governing the halibut CDQ and the opportunity for public Deputy Assistant Administrator for Fisheries, fisheries and correcting some comment, as the delay associated with National Marine fisheries Service. inadvertent errors in the initial such procedures would be contrary to [FR Doc. 99–16520 Filed 6–28–99; 8:45 am] emergency interim rule implementing the public interest. BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 124

Tuesday, June 29, 1999

This section of the FEDERAL REGISTER ** * agency may sell, subject to For the reasons stated in the contains notices to the public of the proposed section 504(b) of the Federal Credit preamble, the Small Business issuance of rules and regulations. The Reform Act of 1990 and using Administration proposes to amend 13 purpose of these notices is to give interested competitive procedures, any non-tax CFR part 120 as follows: persons an opportunity to participate in the debt owed to the United States that is rule making prior to the adoption of the final rules. delinquent for more than 90 days.’’ 31 PART 120Ð[AMENDED] U.S.C. 3711(i)(1). The Small Business Act, 15 U.S.C. 634(b)(2), provides in 1. The authority citation for part 120 SMALL BUSINESS ADMINISTRATION pertinent part that ‘‘(The Administrator) continues to read as follows: may sell at public or private sale * ** Authority: 15 U.S.C. 634 (b)(6) and (h). 13 CFR Part 120 in (her) discretion * * * any evidence of debt * * * personal property, or 2. In § 120.540 revise the section Liquidation of Collateral and Sale of security * * *’’ It further provides in 15 heading, add paragraph (b)(4), and Commercial Loans U.S.C. 634(b)(7) that the Administrator revise paragraph (d) to read as follows: AGENCY: may ‘‘take any and all actions * ** Small Business Administration § 120.540 What are SBA's policies (SBA). when [she] determines such actions are necessary or desirable in * ** concerning the liquidation of collateral and ACTION: Proposed rule. liquidating or otherwise dealing with or the sale of business loans? SUMMARY: SBA proposes to amend its realizing on loans * * *’’ Pursuant to * * * * * regulation regarding the liquidation and this statutory authority, SBA is (b) * * * establishing an Asset Sales Program to sale of loans. As part of a government- (4) Sell direct and purchased 7(a) and wide initiative, federal credit agencies sell portions of its direct and participation loan portfolios. 501, 502, 503 and 504 loans in asset are being directed by the Office of sales. SBA will offer these loans for sale Management and Budget (OMB) to sell Compliance With Executive Orders to qualified bidders by means of their loan portfolios. Initially, SBA 12612, 12988, and 12866, the competitive procedures at publicly intends to sell its portfolio of direct and Regulatory Flexibility Act (5 U.S.C. purchased loans made under the advertised sales. Bidder qualifications 601–612), and the Paperwork will be set for each sale in accordance authorities of the 7(a) and 501, 502, 503, Reduction Act (44 U.S.C. Ch. 35) and 504 programs. This will include with the terms and conditions of each both secured and unsecured loans in SBA certifies that this proposed rule sale. performing and non-performing status. is not a significant rule within the * * * * * meaning of Executive Order 12866, The loans will be sold to qualified (d) Recoveries and security interests bidders by means of competitive since it is not likely to have an annual economic effect of $100 million or more, shared. SBA and the Lender will share procedures at publicly advertised sales. pro rata (in accordance with their Bidder qualifications will be set for each result in a major increase in costs or prices, or have a significant adverse respective interests in a loan) all loan sale in accordance with the terms and payments or recoveries, including conditions of each sale. SBA also effect on competition or the U.S. proceeds from asset sales, all reasonable intends to sell its disaster home loans economy. expenses (including advances for the and disaster business loans, but will SBA certifies that this proposed rule publish separate regulations regarding will not have a significant economic care, preservation, and maintenance of these sales. impact on a substantial number of small collateral securing the loan and the entities within the meaning of the payment of senior lienholders), and any DATES: Submit comments on or before Regulatory Flexibility Act, 5 U.S.C. 601– security interest or guarantee (excluding July 29, 1999. 612. SBA’s guarantee) which the Lender or ADDRESSES: Comments should be SBA certifies that this proposed rule SBA may hold or receive in connection mailed to Arnold S. Rosenthal, Assistant does not impose any additional with a loan. Administrator for Portfolio reporting or recordkeeping requirements * * * * * Management, Small Business under the Paperwork Reduction Act, 44 Dated: June 22, 1999. Administration, 409 Third Street, S.W., U.S.C., chapter 35. Washington, DC 20416. For purposes of Executive Order Aida Alvarez, FOR FURTHER INFORMATION CONTACT: 12612, SBA certifies that this proposed Administrator. Richard Blewett, 202–205–4202. rule has no federalism implications [FR Doc. 99–16339 Filed 6–28–99; 8:45 am] SUPPLEMENTARY INFORMATION: 13 CFR warranting preparation of a Federalism BILLING CODE 8025±01±P 120.540 sets forth SBA’s policy for the Assessment. liquidation of collateral and the sale of For purposes of Executive Order commercial loans. SBA now proposes to 12988, SBA certifies that this proposed amend and expand this rule to include rule is drafted, to the extent practicable, the sale of direct and purchased loans to accord with the standards set forth in in asset sales. Pub. L. 104–134, the paragraph 2 of that Order. ‘‘Debt Collection Improvement Act of 1996,’’ enacted on April 26, 1996, List of Subjects in 13 CFR Part 120 provides that, ‘‘the head of an executive Loan programs—business.

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DEPARTMENT OF TRANSPORTATION proposed rule by submitting such any loss of electrical continuity. The written data, views, or arguments as DGAC classified these service bulletins Federal Aviation Administration they may desire. Communications as mandatory and issued AD 98–111– should identify the Rules Docket 021(A), AD 98–112–042(A), and AD 98– 14 CFR Part 39 number and be submitted in triplicate to 113–043(A), all dated March 11, 1998, [Docket No. 98±SW±26±AD] the address specified above. All in order to assure the continued communications received on or before airworthiness of these helicopters in Airworthiness Directives; Eurocopter the closing date for comments, specified France. France Model SA±360C, SA±365C, C1, above, will be considered before taking These helicopter models are C2, SA±365N, N1, AS±365N2, and SA± action on the proposed rule. The manufactured in France and are type 366G1 Helicopters proposals contained in this notice may certificated for operation in the United be changed in light of the comments States under the provisions of section AGENCY: Federal Aviation received. 21.29 of the Federal Aviation Administration, DOT. Comments are specifically invited on Regulations (14 CFR 21.29) and the ACTION: Notice of proposed rulemaking the overall regulatory, economic, applicable bilateral airworthiness (NPRM). environmental, and energy aspects of agreement. Pursuant to this bilateral the proposed rule. All comments airworthiness agreement, the DGAC has SUMMARY: This document proposes the submitted will be available, both before kept the FAA informed of the situation adoption of a new airworthiness and after the closing date for comments, described above. The FAA has directive (AD) that is applicable to in the Rules Docket for examination by examined the findings of the DGAC, Eurocopter France Model SA–360C, interested persons. A report reviewed all available information, and SA–365C, C1, C2, SA–365N, N1, AS– summarizing each FAA-public contact determined that AD action is necessary 365N2, and SA–366G1 helicopters. This concerned with the substance of this for products of these type designs that proposal would require inspecting and, proposal will be filed in the Rules are certificated for operation in the if necessary, replacing certain circuit Docket. United States. breakers. This proposal is prompted by Commenters wishing the FAA to Since an unsafe condition has been the manufacturer discovering the loss of acknowledge receipt of their comments identified that is likely to exist or electrical continuity between the submitted in response to this notice develop on other Eurocopter France terminals of a circuit breaker. The must submit a self-addressed, stamped Model SA–360C, SA–365C, C1, C2, SA– actions specified by the proposed AD postcard on which the following 365N, N1, AS–365N2, and SA–366G1 are intended to prevent loss of electrical statement is made: ‘‘Comments to helicopters of the same type design power, loss of instrumentation, and Docket No. 98–SW–26–AD.’’ The registered in the United States, the subsequent loss of control of the postcard will be date stamped and proposed AD would require inspecting helicopter. returned to the commenter. of any Crouzet single-pole circuit DATES: Comments must be received on breakers, P/N 84–400–028 through P/N Availability of NPRMs or before August 30, 1999. 84–400–037, and replacing all circuit Any person may obtain a copy of this ADDRESSES: Submit comments in breakers that have a loss of electrical triplicate to the Federal Aviation NPRM by submitting a request to the continuity. The actions would be Administration (FAA), Office of the FAA, Office of the Regional Counsel, required to be accomplished in Regional Counsel, Southwest Region, Southwest Region, Attention: Rules accordance with the service bulletins Attention: Rules Docket No. 98–SW–26– Docket No. 98–SW–26–AD, 2601 described previously. The FAA estimates that 136 AD, 2601 Meacham Blvd., Room 663, Meacham Blvd., Room 663, Fort Worth, helicopters of U.S. registry would be Fort Worth, Texas 76137. Comments Texas 76137. affected by this proposed AD, that it may be inspected at this location Discussion would take approximately 0.5 work between 9:00 a.m. and 3:00 p.m., The Direction Generale De L’Aviation hour per helicopter to accomplish the Monday through Friday, except Federal Civile (DGAC), which is the inspection and replacement, and that holidays. airworthiness authority for France, has the average labor rate is $60 per work The service information referenced in notified the FAA that an unsafe hour. Required parts would cost the proposed rule may be obtained from condition may exist on Eurocopter approximately $23 per helicopter. Based American Eurocopter Corporation, 2701 France Model SA–360C, SA–365C, C1, on these figures, the total cost impact of Forum Drive, Grand Prairie, Texas C2, AS–365N, N1, AS–365N2, and SA– the proposed AD on U.S. operators is 75053–4005, telephone (972) 641–3460, 366G1 helicopters. The DGAC advises of estimated to be $7,208. fax (972) 641–3527. This information the loss of electrical continuity on The regulations proposed herein may be examined at the FAA, Office of certain single-pole circuit breakers. would not have substantial direct effects the Regional Counsel, Southwest Eurocopter France has issued three on the States, on the relationship Region, 2601 Meacham Blvd., Room service bulletins, all dated December 11, between the national government and 663, Fort Worth, Texas. 1997. Service Bulletin No. 01.36 is the States, or on the distribution of FOR FURTHER INFORMATION CONTACT: applicable to Model SA–360/365C, C1, power and responsibilities among the Carroll Wright, Aerospace Engineer, and C2 helicopters; Service Bulletin No. various levels of government. Therefore, FAA, Rotorcraft Directorate, Rotorcraft 01.24 is applicable to Model SA–366G1 in accordance with Executive Order Standards Staff, 2601 Meacham Blvd., helicopters; and Service Bulletin 12612, it is determined that this Fort Worth, Texas 76137, telephone 01.00.45 is applicable to Model AS– proposal would not have sufficient (817) 222–5120, fax (817) 222–5961. 365N, N1, and N2 helicopters. All of federalism implications to warrant the SUPPLEMENTARY INFORMATION: these service bulletins specify preparation of a Federalism Assessment. inspecting Crouzet single-pole circuit For the reasons discussed above, I Comments Invited breakers, Part Number (P/N) 84–400– certify that this proposed regulation (1) Interested persons are invited to 028 through P/N 84–400–037, and Is not a ‘‘significant regulatory action’’ participate in the making of the replacing all circuit breakers that have under Executive Order 12866; (2) is not

VerDate 18-JUN-99 15:51 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.XXX pfrm01 PsN: 29JNP1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules 34747 a ‘‘significant rule’’ under the DOT (1) For Model SA–360C, and SA–365C, C1, DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 and C2 helicopters, inspect the electrical FR 11034, February 26, 1979); and (3) if master box assembly, flotation gear unit Bureau of Transportation Statistics promulgated, will not have a significant assembly, and ground receptacle Crouzet economic impact, positive or negative, circuit breakers for electrical continuity in 14 CFR Part 298 accordance with section 2B of the on a substantial number of small entities [Docket No. OST±98±4043] under the criteria of the Regulatory Accomplishment Instructions contained in Eurocopter France Service Bulletin (SB) No. RIN No. 2105±AC71 Flexibility Act. A copy of the draft 01.36, dated December 11, 1997. regulatory evaluation prepared for this (2) For Model SA–365N, N1, and AS– Meeting To Discuss Ways To Improve action is contained in the Rules Docket. 365N2 helicopters, inspect the electrical the Alaska Commuter and Small A copy of it may be obtained by master box assembly, flotation gear unit Certificated Air Carrier Data Collection contacting the Rules Docket at the assembly, and ground receptacle Crouzet Program location provided under the caption single-pole circuit breakers for electrical ADDRESSES. continuity in accordance with section 2B of AGENCY: Bureau of Transportation the Accomplishment Instructions contained Statistics, DOT. List of Subjects in 14 CFR Part 39 in SB No. 01.00.45, dated December 11, 1997. ACTION: Notice of meeting. Air transportation, Aircraft, Aviation (3) For Model SA–366G1 helicopters, safety, Safety. inspect the electrical master box assembly, SUMMARY: The U.S. Department of flotation gear unit assembly, and ground Transportation (DOT) collects financial The Proposed Amendment receptacle Crouzet single-pole circuit and traffic data from various types of air Accordingly, pursuant to the breakers for electrical continuity in carriers. DOT announces a forthcoming authority delegated to me by the accordance with section 2B of the meeting to discuss ways to improve this Administrator, the Federal Aviation Accomplishment Instructions contained in program as it relates to Alaska small Administration proposes to amend part SB 01.24, dated December 11, 1997. certificated and commuter air carriers. 39 of the Federal Aviation Regulations (b) On or before 500 hours TIS or 6 The meeting is being held jointly with (14 CFR part 39) as follows: calendar months, whichever occurs first, the U.S. Postal Service. inspect all remaining Crouzet single-pole DATES: The meeting will be held PART 39ÐAIRWORTHINESS circuit breakers in accordance with section Thursday, July 22, 1999, 8 a.m. to 5 p.m. DIRECTIVES 2B of the Accomplishment Instructions of the applicable SB. and Friday, July 23, 1999, 8 a.m. to 5 1. The authority citation for part 39 (c) Any replacement single-pole circuit p.m., Alaska time. continues to read as follows: breaker installed, or any single-pole circuit ADDRESSES: The meeting will take place Authority: 49 U.S.C. 106(g), 40113, 44701. breaker removed and reinstalled, must be in the US Postal Service Conference inspected prior to further flight in accordance Room at the Anchorage Processing and § 39.13 [Amended] with paragraph 2.B. of the Accomplishment Distribution Center, 4141 Postmark 2. Section 39.13 is amended by Instructions of the applicable SB. Drive, Anchorage, AK 99502. adding a new airworthiness directive to (d) Remove any affected part-numbered Attendance is open to the interested read as follows: circuit breaker and replace with an airworthy public but limited to space available. If circuit breaker on or before December 31, you plan to attend the meeting please Eurocopter France: Docket No. 98–SW–26– 1999. AD. (e) An alternative method of compliance or contact Kevin Adams by July 8, 1999. Applicability: Model SA–360C, SA–365C, adjustment of the compliance time that Persons with a disability requiring C1, C2, SA–365N, N1, AS–365N2, and SA– provides an acceptable level of safety may be special services, such as an interpreter 366G1 helicopters, with Crouzet single-pole used if approved by the Manager, Rotorcraft for the hearing impaired, should contact circuit breaker, part number (P/N) 84–400– Standards Staff, Rotorcraft Directorate, FAA. Mr. Adams at least seven days prior to 028 through P/N 84–400–037, installed, Operators shall submit their requests through the meeting. certificated in any category. an FAA Principal Maintenance Inspector, FOR FURTHER INFORMATION CONTACT: Note 1: This AD applies to each helicopter who may concur or comment and then send Kevin Adams, EAS & Domestic Analysis identified in the preceding applicability it to the Manager, Rotorcraft Standards Staff. provision, regardless of whether it has been Division, X–53, Office of Aviation otherwise modified, altered, or repaired in Note 2: Information concerning the Analysis, Office of the Secretary, US the area subject to the requirements of this existence of approved alternative methods of Department of Transportation, 400 AD. For helicopters that have been modified, compliance with this AD, if any, may be Seventh Street SW, Washington D.C. altered, or repaired so that the performance obtained from the Rotorcraft Standards Staff. 20590; by phone at (202) 366–1047; by of the requirements of this AD is affected, the (f) Special flight permits may be issued in e-mail at [email protected]; or by owner/operator must request approval for an accordance with §§ 21.197 and 21.199 of the Fax at (202) 366–7638. alternative method of compliance in Federal Aviation Regulations (14 CFR 21.197 SUPPLEMENTARY INFORMATION: accordance with paragraph (e) of this AD. and 21.199) to operate the helicopter to a The request should include an assessment of location where the requirements of this AD Background the effect of the modification, alteration, or can be accomplished. repair on the unsafe condition addressed by 49 U.S.C. 329(b)(1) requires the this AD; and, if the unsafe condition has not Note 3: The subject of this AD is addressed Department of Transportation to collect been eliminated, the request should include in Direction Generale De L’Aviation Civile and disseminate information on civil specific proposed actions to address it. AD 98–112–042(A), AD 98–113–043(A), and aeronautics, other than that collected AD 98–111–021(A), all dated March 11, 1998. Compliance: Required as indicated, unless and disseminated by the National accomplished previously. Issued in Fort Worth, Texas, on June 22, Transportation Safety Board. In meeting To prevent loss of electrical power, loss of 1999. this responsibility, the Department instrumentation, and subsequent loss of Larry M. Kelly, collects traffic and financial data control of the helicopter, accomplish the Acting Manager, Rotorcraft Directorate, following: submitted under 14 CFR part 241 (Large Aircraft Certification Service. (a) Within 100 hours time-in-service (TIS) Certificated Air Carriers) and 14 CFR or within the next 3 calendar months, [FR Doc. 99–16477 Filed 6–28–99; 8:45 am] part 298 (Commuter and Small whichever occurs first, BILLING CODE 4910±13±U Certificated Air Carriers). It also collects

VerDate 18-JUN-99 16:11 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.XXX pfrm01 PsN: 29JNP1 34748 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules certain other traffic and service quality Issued in Washington, DC, on June 24, Office of Field Operations (202–927– data under 14 CFR parts 217, 234, 250, 1999. 1082). and 374a. Timothy E. Carmody, Legal Aspects: Jerry Laderberg, Office The Department in Docket No. OST– Director, Office of Airline Information, of Regulations and Rulings (202–927– Bureau of Transportation Statistics. 98–4043, Notice 98–18, ‘‘Aviation Data 2320). [FR Doc. 99–16505 Filed 6–28–99; 8:45 am] Requirements Review and SUPPLEMENTARY INFORMATION: BILLING CODE 4910±FE±P Modernization Program’’ on its own Background initiative requested public comments from reporting carriers and aviation data Customs published a document in the DEPARTMENT OF THE TREASURY users on the nature, scope, source, and Federal Register (64 FR 22726) on April means for collecting, processing, and 27, 1999, proposing to revise part 111 of Customs Service the Customs Regulations governing the distributing airline traffic, fare, and licensing and conduct of customs financial data. Specifically, the 19 CFR PART 111 brokers in the performance of customs Department invited comments on RIN 1515±AC34 business on behalf of others. The whether existing airline traffic, fare, and proposed revision includes changes to financial data should be amended, Customs Brokers the regulatory texts to part 111 to reflect supplemented, or replaced; whether AGENCY: amendments to the underlying statutory selected forms and reports should be U.S. Customs Service, Department of the Treasury. authority enacted as part of the Customs retained, modified, or eliminated; Modernization provisions of the North whether the Department should require ACTION: Proposed rule; extension of comment period. American Free Trade Agreement all aviation data to be filed Implementation Act. The proposed electronically; and how the aviation SUMMARY: This document provides an revision also includes changes to reflect data system should be reengineered to additional 30 days for interested the recent reorganization of Customs as enhance efficiency and to reduce costs members of the public to submit well as changes to improve the content, for both the Department and the airline comments on the proposed revision to layout and clarity of the regulatory texts. industry. It is the Department’s part 111 of the Customs Regulations The document invited the public to preliminary position that its current governing the licensing and conduct of comment on the proposed revision to aviation data systems may not provide customs brokers in the performance of part 111. Comments on the proposed sufficiently detailed data in some areas customs business on behalf of others. rule were requested on or before June which are necessary to ensure that the The proposed revision, which was 28, 1999. Department fully meets its mandated published in the Federal Register on On June 22, 1999, Customs received a aviation responsibilities. One of these April 27, 1999, includes changes to the request from a law firm representing the responsibilities is the setting of the regulatory texts to part 111 to reflect JFK Airport Customs Brokers Alaska bush mail rates. The Department amendments to the underlying statutory Association to extend the time period relies on data submitted by the Alaska authority enacted as part of the Customs for submission of comments on the small certificated and commuter air Modernization provisions of the North proposed rule so that the firm can carriers on the Form 298–C reports to American Free Trade Agreement receive sufficient input from members set the bush mail rates. While this Implementation Act. The proposed of the Association before submitting meeting will be held as part of the revision also includes changes to reflect comments. Advanced Notice of Proposed the recent reorganization of Customs as Customs has concluded that this well as changes to improve the content, Rulemaking to review the Department’s request has merit. Accordingly, the layout and clarity of the regulatory texts. aviation data collection process, its period of time for the submission of The comment period was scheduled to focus will be on the data collection comments is being extended 30 days. expire on June 28, 1999. Comments are now due on or before process for Form 298–C reports. A DATES: Comments on the proposed July 28, 1999. summary of the meeting will be revision must be received on or before included in the docket. Dated: June 23, 1999. July 28, 1999. Stuart P. Seidel, DOT, the Postal Service, Alaska air ADDRESSES: Written comments Assistant Commissioner, Office of carriers, and other interested entities (preferably in triplicate) may be will review and discuss possible Regulations and Rulings. addressed to the Regulations Branch, [FR Doc. 99–16479 Filed 6–28–99; 8:45 am] revisions to 14 CFR part 298 (the Office of Regulations and Rulings, US Department’s Form 298–C reporting Customs Service, 1300 Pennsylvania BILLING CODE 4820±02±P requirements). The meeting will assess Avenue, NW, Washington DC 20229. All how the Form 298–C data reporting comments submitted will be available system can be reengineered to enhance for public inspection in accordance with DEPARTMENT OF TRANSPORTATION the usefulness of the data collected in the Freedom of Information Act (5 Coast Guard facilitating the Alaska bush mail rate U.S.C. 552), § 1.4, Treasury Department calculations while at the same time Regulations (31 CFR 1.4) and 33 CFR Part 117 exploring alternatives for reducing costs § 103.11(b), Customs Regulations (19 for the Department, the Postal Service, CFR 103.11(b)) between 9 a.m. and 4:30 [CGD13±99±011] and the airline industry. The meeting p.m. on normal business days at the RIN 2115 AE47 will be open to the public. We Regulations Branch, Office of particularly solicit participation from Regulations and Rulings, U.S. Customs Drawbridge Operations Regulations; those Alaska small certificated and Service, 1300 Pennsylvania Avenue, Columbia River, OR NW, 3rd Floor, Washington, DC. commuter air carriers who currently AGENCY: Coast Guard, DOT. transport or wish to transport mail for FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking. the U.S. Postal Service in Alaska. Operational Aspects: Bruce Ingalls,

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SUMMARY: The Coast Guard proposes to Background and Purpose United States. The dual bridges across change the operating regulations for the The purpose of the proposed change the Columbia are the only drawbridges dual Interstate 5 drawbridges across the to section 117.869 is to streamline the on this interstate highway or any Columbia River, mile 106.5, between operating regulations by removing the interstate highway west of the Vancouver, WA, and Portland, OR. The various periods when the dual lift spans Mississippi River. The weekday traffic proposed amendment would simplify need not open for vessels and replacing count often exceeds 120,000 vehicles the existing regulations by removing the them with a single set of hours Monday per day. Traffic begins to increase river level and vessel types as schedule through Friday for all vessels, in dramatically about 7 a.m. Monday factors and establish a single schedule contrast to the current distinction made through Friday. It remains high throughout the day, generally more than during which the draw spans need not between recreational and commercial 6,000 vehicles per hour to more than be opened for the passage of vessels vessels when the local river gauge reads 9,000 per hour. In the evening the from 6:30 a.m. to 9 a.m. and from 2:30 6 feet or more. the proposed regulation decrease in traffic follows 6 p.m. by p.m. to 6 p.m. Monday through Friday would not change the operation of the several hundred vehicles per hour. except federal holidays. The change draw spans on weekends and federal would also require one-hour notice The Columbia River bears substantial holidays, when openings on signal are navigation both recreational and daily for all draw openings between provided. The proposed one-hour notice 6:30 a.m. and 6 p.m. to allow vehicle commercial in this vicinity. Most of the for openings would enable the state commercial traffic is composed of traffic enough notice of bridge openings transportation departments of to choose an alternative route. towboats barges, floating derricks, and Washington and Oregon to establish passenger vessels. the recreational DATES: Comments must reach the Coast means of notification to interstate traffic traffic includes tall-masted sailboats. Guard on or before August 30, 1999. approaching the bridge. With adequate The Interstate 5 Bridges provide 39.86 notification of an imminent opening, ADDRESSES: You may mail comments to feet of vertical clearance at 0.0 much of the highway traffic both north Commander (oan), Thirteenth Coast elevation, Columbia River Datum or and south of the interstate bridges could Guard District, 915 Second Avenue, CRD, at the dual lift spans when they divert to I–205, which crosses the Seattle, Washington 98174–1067 or are down, or closed. Fully raised, the Columbia on a high-level fixed bridge deliver them to room 3510 between 7:45 vertical lift spans provide 178 feet at 0.0 upstream of the drawbridges. This a.m. and 4:15 p.m. Monday through river level (CRD). Most of the towboats parallel crossing is about 6 miles Friday, except federal holidays. plying this reach of the river require at upstream, east of the I–5 Drawbridges. least 52 feet of vertical clearance. There FOR FURTHER INFORMATION CONTACT: John Both states are in various phases of are other vessels, such as derrick barges E. Mikesell, Chief, Plans and Programs implementing electronic notification and sailboats, which require more Section, Aids to Navigation and systems on I–5, which could warn clearance. Waterways Management Branch, motorists of draw span openings. The dual vertical lift spans of the I– Telephone (206) 220–7272. The operating regulations currently in 5 Bridges open annually from several effect are dependent upon river level SUPPLEMENTARY INFORMATION: hundred to over a thousand times, as measured by the gauge at the bridges. recorded in the years of the current Request for Comments The hours during which the bridges decade. There is a decrease in openings need not open for navigation are when the river level is low. Weather The Coast Guard encourages presently changed whenever the river conditions can influence the preferred interested persons to participate in this level is at 6 feet or above. This course through the bridges. rulemaking by submitting written data, consideration of river level would be In 1998, the vertical lifts opened 386 views, or arguments. Persons submitting removed by this proposal in order to times for vessels. This and the following comments should identify this streamline the regulations to an easily counts do not include maintenance or rulemaking (CGD 13–99–011) and the remembered and administered schedule training openings. In 1997, which specific section of this document to of operation. witnessed higher water, the total annual which each comment applies, and give The proposed regulations are openings for vessels was 829. The the reason for each comment. Please uniformly applied to all types of month in 1997 with the most openings submit two copies of all comments and navigation. There would no longer be an for vessels was May. In May the bridges attachments in an unbound format, no operating distinction between opened 161 times. River levels in May 1 larger than 8 ⁄2 by 11 inches, suitable for commercial and recreational vessels. 1997 ranged from 15 to 17 feet at the copying and electronic filing. Persons Currently, when the river is at 6 feet bridge gauges. In May 1998 the water wanting acknowledgment of receipt of or more (above Columbia River Datum), levels ranged from 6 to 14 feet and comments should enclose stamped, self- the draws need not open for the passage experienced only 56 openings. From the addressed postcards or envelopes. The of commercial vessels from 6:30 a.m. to draw logs on hand (1993–1998) it can be Coast Guard will consider all comments 8 a.m. and from 3:30 p.m. to 6 p.m. concluded that the number of openings received during the comment period. It Monday through Friday, except federal can fluctuate significantly from year to may change the proposed rule in view holidays, and for all other vessels the year and from month to month. of the comments. draws need not open from 5:30 a.m. to The river level has a significant The Coast Guard plans no public 9 a.m. and 2:30 p.m. and 6 p.m. Monday influence on the number of openings hearing. Persons may request a public through Friday, except federal holidays. that are requested by vessel operators. hearing by writing to the Coast Guard When the river gauge indicates 5.9 feet, However, the difference in the closed include the reasons why a hearing or less, the draws need not open for the periods make the regulations in effect would be beneficial. If it determines that passage of any vessels from 5:30 a.m. to more complicated than those which are the opportunity for oral presentations 9 a.m. and from 2:30 p.m. to 6 p.m. proposed. Currently, commercial traffic will aid this rulemaking, the Coast Monday through Friday, except federal is somewhat more limited in the hours Guard will hold a public hearing at a holidays. during which they may use the lift time and place announced by a later Interstate 5 is a major north-south spans when the river gauge is 6 feet or notice in the Federal Register. transportation corridor in the western more at the bridges. The total daily

VerDate 18-JUN-99 09:40 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A29JN2.033 pfrm07 PsN: 29JNP1 34750 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules closed period is less restrictive when business or organization, please submit Dated: June 21, 1999. the river gauge is at 5.9 feet or less. a comment (see ADDRESSES) explaining Paul M. Blayney, By changing the closed periods why you think it qualifies and in what Rear Admiral, U.S. Coast Guard, Commander, Monday through Friday and by way and to what degree this proposed 13th Coast Guard District. requiring one-hour notice for openings, rule will economically affect it. [FR Doc. 99–16533 Filed 6–28–99; 8:45 am] the Coast Guard intends to assist traffic BILLING CODE 4910±15±M flow on the I–5 corridor without Collection of Information unreasonably hindering navigation on This proposed rule does not provide for a collection of information under the the Columbia River. FEDERAL COMMUNICATIONS Paperwork Reduction Act of 1995 (44 COMMISSION Discussion of Proposed Rule U.S.C. 3501 et seq.). The Coast Guard proposes to amend 47 CFR Part 73 33 CFR 117.869 so that the draws need Federalism not be opened for the passage of The Coast Guard has analyzed this [MM Docket No. 99±222, RM±9602] commercial vessels from 6:30 a.m. to 9 proposed rule in accordance with the a.m. and from 2:30 p.m. to 6 p.m. principles and criteria contained in Radio Broadcasting Services; Fountain Monday through Friday, except federal Executive Order 12612, and has Green, UT holidays. This amendment also requires determined that this proposed rule does AGENCY: Federal Communications one-hour notice for all openings not have sufficient implications for Commission. between the hours of 6:30 a.m. and 6 federalism to warrant the preparation of ACTION: Proposed rule. p.m. every day. a Federalism Assessment. Regulatory Evaluation Environment SUMMARY: This document requests comments on a petition filed by This proposed rule is not a significant The Coast Guard considered the Mountain West Broadcasting proposing regulatory action under 3(f) of Executive environmental impact of this proposed the allotment of Channel 244A at rule and concluded that, under Figure Order 12866 and does not require an Fountain Green, Utah. The channel can 2–1, paragraph 32(e) of Commandant assessment of potential costs and be allotted to Fountain Green without a Instruction M16475.1C, this proposed benefits under section 6(a)(3) of that site restriction at coordinates 39–37–42 rule is categorically excluded from Order. It has not been reviewed by the NL and 111–38–24 WL. Office of Management and Budget under further environmental documentation DATES: Comments must be filed on or that Order. It is not significant under the because promulgation of changes to before August 9, 1999, and reply regulatory policies and procedures of drawbridge regulations have been found comments on or before August 24, 1999. the Department of Transportation (DOT) not to have a significant effect on the (44 FR 11040 February 26, 1979). The environment. A written ‘‘Categorical ADDRESSES: Federal Communications Coast Guard expects the economic Exclusion Determination’’ is not Commission, Washington, DC. 20554. In impact of this rule to be so minimal that required. addition to filing comments with the FCC, interested parties should serve the a full regulatory evaluation under List of Subjects in 33 CFR Part 117 paragraph 10(e) of the regulatory petitioner, as follows: Victor A. Michael, policies and procedures of DOT is Bridges. President, Mountain West Broadcasting, 6807 Foxglove Drive, Cheyenne, unnecessary. The proposed rule would Regulations improve commuter traffic flow and by Wyoming 82009. For the reasons set out in the FOR FURTHER INFORMATION CONTACT: minimally increasing the times when preamble, the Coast Guard amends part commercial navigation cannot pass Kathleen Scheuerle, Mass Media 117 of title 33, Code of Federal Bureau, (202) 418–2180. through the open draw spans. Regulations, as follows: SUPPLEMENTARY INFORMATION: This is a Small Entities PART 117ÐDRAWBRIDGE summary of the Commission’s Notice of Under the Regulatory Flexibility Act OPERATION REGULATIONS Proposed Rule Making, MM Docket No. (5 U.S.C. 601 et seq.), the Coast Guard 99–222, adopted June 9, 1999, and considers whether this proposed rule, if 1. The authority citation for part 117 released June 18, 1999. The full text of adopted, will have a significant continues to read as follows: this Commission decision is available economic impact on a substantial Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 for inspection and copying during number of small entities. ‘‘Small CFR 1.05–1(g); section 117.255 also issued normal business hours in the entities’’ include small businesses, not- under the authority of Pub. L. 102–587, 106 Commission’s Reference Center, 445 for profit organizations that are Stat. 5039. Twelfth Street, SW, Washington, DC. independently owned and operated and 2. Revise § 117.869 (a) to read as The complete text of this decision may are not dominant in their fields, and follows: also be purchased from the governmental jurisdictions with Commission’s copy contractors, populations less than 50,000. Therefore, § 117.869 Columbia River. International Transcription Services, for the reasons discussed in the (a) The draws of the Interstate 5 Inc., 1231 20th Street, NW., Regulatory Evaluation section above, the Bridges, mile 106.5, between Portland, Washington, DC. 20036, (202) 857–3800, Coast Guard certifies under 5 U.S.C. OR, and Vancouver, WA, shall open on facsimile (202) 857–3805. 605(b) of the Regulatory Flexibility Act signal if one hour notice is provided Provisions of the Regulatory that this proposed rule, if adopted, will between the hours of 6:30 a.m. and 6 Flexibility Act of 1980 do not apply to not have a significant impact on a p.m., except that the draws need not be this proceeding. substantial number of small entities. If, opened for the passage of vessels from Members of the public should note however, you think that your business 6:30 a.m. to 9 a.m. and from 2:30 p.m. that from the time a Notice of Proposed or organization qualifies as a small to 6 p.m. Monday through Friday, Rule Making is issued until the matter entity and that this proposed rule will except federal holidays. is no longer subject to Commission have a significant impact on your * * * * * consideration or court review, all ex

VerDate 18-JUN-99 15:51 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.XXX pfrm01 PsN: 29JNP1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules 34751 parte contacts are prohibited in International Transcription Services, FOR FURTHER INFORMATION CONTACT: Commission proceedings, such as this Inc., 1231 20th Street, NW., Kathleen Scheuerle, Mass Media one, which involve channel allotments. Washington, DC. 20036, (202) 857–3800, Bureau, (202) 418–2180. See 47 CFR 1.1204(b) for rules facsimile (202) 857–3805. SUPPLEMENTARY INFORMATION: This is a governing permissible ex parte contact. Provisions of the Regulatory summary of the Commission’s Notice of For information regarding proper Flexibility Act of 1980 do not apply to Proposed Rule Making, MM Docket No. filing procedures for comments, see 47 this proceeding. 99–219, adopted June 9, 1999, and CFR 1.415 and 1.420. Members of the public should note released June 18, 1999. The full text of List of Subjects in 47 CFR Part 73 that from the time a Notice of Proposed this Commission decision is available Rule Making is issued until the matter for inspection and copying during Radio broadcasting. is no longer subject to Commission normal business hours in the Federal Communications Commission. consideration or court review, all ex Commission’s Reference Center, 445 John A. Karousos, parte contacts are prohibited in Twelfth Street, SW, Washington, DC. Chief, Allocations Branch, Policy and Rules Commission proceedings, such as this The complete text of this decision may Division, Mass Media Bureau. one, which involve channel allotments. also be purchased from the [FR Doc. 99–16420 Filed 6–28–99; 8:45 am] See 47 CFR 1.1204(b) for rules Commission’s copy contractors, BILLING CODE 6712±01±P governing permissible ex parte contact. International Transcription Services, For information regarding proper Inc., 1231 20th Street, NW., filing procedures for comments, see 47 Washington, DC. 20036, (202) 857–3800, FEDERAL COMMUNICATIONS CFR 1.415 and 1.420. facsimile (202) 857–3805. Provisions of the Regulatory COMMISSION List of Subjects in 47 CFR Part 73 Flexibility Act of 1980 do not apply to 47 CFR Part 73 Radio broadcasting. this proceeding. Members of the public should note [MM Docket No. 99±223, RM±9604] Federal Communications Commission. John A. Karousos, that from the time a Notice of Proposed Rule Making is issued until the matter Radio Broadcasting Services; Leeds, Chief, Allocations Branch, Policy and Rules UT Division, Mass Media Bureau. is no longer subject to Commission consideration or court review, all ex [FR Doc. 99–16421 Filed 6–28–99; 8:45 am] AGENCY: Federal Communications parte contacts are prohibited in Commission. BILLING CODE 6712±01±P Commission proceedings, such as this ACTION: Proposed rule. one, which involve channel allotments. See 47 CFR 1.1204(b) for rules SUMMARY: This document requests FEDERAL COMMUNICATIONS COMMISSION governing permissible ex parte contact. comments on a petition filed by For information regarding proper Mountain West Broadcasting proposing 47 CFR Part 73 filing procedures for comments, see 47 the allotment of Channel 287C2 at CFR 1.415 and 1.420. Leeds, Utah, as the community’s first local service. The channel can be [MM Docket No. 99±219, RM±9638] List of Subjects in 47 CFR Part 73 allotted to Leeds without a site Radio broadcasting. Radio Broadcasting Services; restriction at coordinates 37–14–18 NL Federal Communications Commission. and 113–21–42 WL. Choteau, MT John A. Karousos, DATES: Comments must be filed on or AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules before August 9, 1999, and reply Commission. Division, Mass Media Bureau. comments on or before August 24, 1999. ACTION: Proposed rule. [FR Doc. 99–16422 Filed 6–28–99; 8:45 am] ADDRESSES: Federal Communications BILLING CODE 6712±01±P Commission, Washington, DC. 20554. In SUMMARY: This document requests addition to filing comments with the comments on a petition filed by the FCC, interested parties should serve the Battani Corporation proposing the FEDERAL COMMUNICATIONS petitioner, as follows: Victor A. Michael, allotment of Channel 271C1 at Choteau, COMMISSION President, Mountain West Broadcasting, Montana, as the community’s first local 6807 Foxglove Drive, Cheyenne, service. The channel can be allotted to 47 CFR Part 73 Wyoming 82009. Choteau with a site restriction 29.4 [MM Docket No. 99±220, RM±9601 and RM± FOR FURTHER INFORMATION CONTACT: kilometers (18.3 miles) south of the 9636] Kathleen Scheuerle, Mass Media community at coordinates 47–33–40 NL Bureau, (202) 418–2180. and 112–18–43 WL. Canadian Radio Broadcasting Services; Darby concurrence will be requested for the SUPPLEMENTARY INFORMATION: This is a and Stevensville, MT allotment of Channel 271C1 at choteau. summary of the Commission’s Notice of AGENCY: Federal Communications DATES: Proposed Rule Making, MM Docket No. Comments must be filed on or Commission. before August 9, 1999, and reply 99–223, adopted June 9, 1999, and ACTION: Proposed rule. released June 18, 1999. The full text of comments on or before August 24, 1999. this Commission decision is available ADDRESSES: Federal Communications SUMMARY: This document requests for inspection and copying during Commission, Washington, DC. 20554. In comments on two separately-filed normal business hours in the addition to filing comments with the petitions for rule making that are Commission’s Reference Center, 445 FCC, interested parties should serve the mutually exclusive. Mountain West Twelfth Street, SW, Washington, DC. petitioner’s counsel, as follows: Robert Broadcasting has requested the The complete text of this decision may Lewis Thompson, Taylor Thiemann & allotment of Channel 300A at Darby, also be purchased from the Aitken, L.C., 908 King Street, Suite 300, Montana (RM–9601). The channel can Commission’s copy contractors, Alexandria, VA 22314. be allotted to Darby without a site

VerDate 18-JUN-99 15:51 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.XXX pfrm01 PsN: 29JNP1 34752 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules restriction at coordinates 46–01–18 NL Federal Communications Commission. Rule Making is issued until the matter and 114–10–42 WL. The Battani John A. Karousos, is no longer subject to Commission Corporation has requested the allotment Chief, Allocations Branch, Policy and Rules consideration or court review, all ex of Channel 300C2 at Stevensville, Division, Mass Media Bureau. parte contacts are prohibited in Montana, at coordinates 46–30–24 and [FR Doc. 99–16423 Filed 6–28–99; 8:45 am] Commission proceedings, such as this 114–05–18 (RM–9636). Since BILLING CODE 6712±01±P one, which involve channel allotments. Stevensville is located within 320 See 47 CFR 1.1204(b) for rules kilometers of the U.S.-Canadian border, governing permissible ex parte contact. concurrence of the Canadian FEDERAL COMMUNICATIONS For information regarding proper Government will be requested for the COMMISSION filing procedures for comments, see 47 allotment of Channel 300C2 at CFR 1.415 and 1.420. 47 CFR Part 73 Stevensville. List of Subjects in 47 CFR Part 73 [MM Docket No. 99±221, RM±9639] DATES: Comments must be filed on or Radio broadcasting. before August 9, 1999, and reply comments on or before August 24, 1999. Radio Broadcasting Services; Fortine, Federal Communications Commission. MT John A. Karousos, ADDRESSES: Federal Communications AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules Commission, Washington, DC. 20554. In Division, Mass Media Bureau. addition to filing comments with the Commission. [FR Doc. 99–16424 Filed 6–28–99; 8:45 am] FCC, interested parties should serve the ACTION: Proposed rule. petitioner, as follows: Victor A. Michael, BILLING CODE 6712±01±P President, Mountain West Broadcasting, SUMMARY: This document requests 6807 Foxglove Drive, Cheyenne, comments on a petition filed by the Battani Corporation proposing the FEDERAL COMMUNICATIONS Wyoming 82009 and the Battani COMMISSION Corporation, c/o Robert Lewis allotment of Channel 232C3 at Fortine, Thompson, Taylor Thiemann and Montana, as the community’s first local 47 CFR Part 73 Aitken, L.C., 908 King Street, Suite 300, service. The channel can be allotted to Alexandria, Virginia 22314. Fortine without a site restriction at [MM Docket No. 99±224, RM±9605] coordinates 48–45–42 NL and 114–54– FOR FURTHER INFORMATION CONTACT: 12 WL. Canadian concurrence will be Radio Broadcasting Services; Kathleen Scheuerle, Mass Media requested for the allotment of Channel Parowan, UT Bureau, (202) 418–2180. 232C3 at Fortine. AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: This is a DATES: Comments must be filed on or Commission. summary of the Commission’s Notice of before August 9, 1999, and reply ACTION: Proposed rule. Proposed Rule Making, MM Docket No. comments on or before August 24, 1999. 99–220, adopted June 9, 1999, and ADDRESSES: Federal Communications SUMMARY: This document requests released June 18, 1999. The full text of Commission, Washington, DC. 20554. In comments on a petition filed by this Commission decision is available addition to filing comments with the Mountain West Broadcasting proposing for inspection and copying during FCC, interested parties should serve the the allotment of Channel 300C2 at normal business hours in the petitioner’s counsel, as follows: Robert Parowan, Utah. The channel can be Commission’s Reference Center, 445 Lewis Thompson, Taylor Thiemann & allotted to Parowan without a site Twelfth Street, SW, Washington, DC. Aitken, L.C., 908 King Street, Suite 300, restriction at coordinates 37–50–30 NL The complete text of this decision may Alexandria, VA 22314. and 112–49–30 WL. also be purchased from the FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or Commission’s copy contractors, Kathleen Scheuerle, Mass Media before August 9, 1999, and reply International Transcription Services, Bureau, (202) 418–2180. comments on or before August 24, 1999. Inc., 1231 20th Street, NW., SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Federal Communications Washington, DC. 20036, (202) 857–3800, Commission, Washington, DC. 20554. In facsimile (202) 857–3805. summary of the Commission’s Notice of Proposed Rule Making, MM Docket No. addition to filing comments with the Provisions of the Regulatory 99–221, adopted June 9, 1999, and FCC, interested parties should serve the Flexibility Act of 1980 do not apply to released June 18, 1999. The full text of petitioner, as follows: Victor A. Michael, this proceeding. this Commission decision is available President, Mountain West Broadcasting, Members of the public should note for inspection and copying during 6807 Foxglove Drive, Cheyenne, that from the time a Notice of Proposed normal business hours in the Wyoming 82009. Rule Making is issued until the matter Commission’s Reference Center, 445 FOR FURTHER INFORMATION CONTACT: is no longer subject to Commission Twelfth Street, SW, Washington, DC. Kathleen Scheuerle, Mass Media consideration or court review, all ex The complete text of this decision may Bureau, (202) 418–2180. parte contacts are prohibited in also be purchased from the SUPPLEMENTARY INFORMATION: This is a Commission proceedings, such as this Commission’s copy contractors, summary of the Commission’s Notice of one, which involve channel allotments. International Transcription Services, Proposed Rule Making, MM Docket No. See 47 CFR 1.1204(b) for rules Inc., 1231 20th Street, NW., 99–224, adopted June 9, 1999, and governing permissible ex parte contact. Washington, DC. 20036, (202) 857–3800, released June 18, 1999. The full text of For information regarding proper facsimile (202) 857–3805. this Commission decision is available filing procedures for comments, see 47 Provisions of the Regulatory for inspection and copying during CFR 1.415 and 1.420. Flexibility Act of 1980 do not apply to normal business hours in the List of Subjects in 47 CFR Part 73 this proceeding. Commission’s Reference Center, 445 Members of the public should note Twelfth Street, SW, Washington, DC. Radio broadcasting. that from the time a Notice of Proposed The complete text of this decision may

VerDate 18-JUN-99 09:40 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A29JN2.015 pfrm07 PsN: 29JNP1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules 34753 also be purchased from the Aitken, L.C., 908 King Street, Suite 300, channel can be allotted to Toquerville Commission’s copy contractors, Alexandria, VA 22314. without a site restriction at coordinates International Transcription Services, FOR FURTHER INFORMATION CONTACT: 37–15–12 NL and 113–17–00 WL. Inc., 1231 20th Street, NW., Kathleen Scheuerle, Mass Media DATES: Comments must be filed on or Washington, DC. 20036, (202) 857–3800, Bureau, (202) 418–2180. facsimile (202) 857–3805. before August 9, 1999, and reply SUPPLEMENTARY INFORMATION: This is a comments on or before August 24, 1999. Provisions of the Regulatory summary of the Commission’s Notice of Flexibility Act of 1980 do not apply to Proposed Rule Making, MM Docket No. ADDRESSES: Federal Communications this proceeding. 99–225, adopted June 9, 1999, and Commission, Washington, DC. 20554. In Members of the public should note released June 18, 1999. The full text of addition to filing comments with the that from the time a Notice of Proposed this Commission decision is available FCC, interested parties should serve the Rule Making is issued until the matter for inspection and copying during petitioner, as follows: Victor A. Michael, is no longer subject to Commission normal business hours in the President, Mountain West Broadcasting, consideration or court review, all ex Commission’s Reference Center, 445 6807 Foxglove Drive, Cheyenne, parte contacts are prohibited in Twelfth Street, SW, Washington, DC. Wyoming 82009. Commission proceedings, such as this The complete text of this decision may one, which involve channel allotments. also be purchased from the FOR FURTHER INFORMATION CONTACT: See 47 CFR 1.1204(b) for rules Commission’s copy contractors, Kathleen Scheuerle, Mass Media governing permissible ex parte contact. International Transcription Services, Bureau, (202) 418–2180. For information regarding proper Inc., 1231 20th Street, NW., SUPPLEMENTARY INFORMATION: This is a filing procedures for comments, see 47 Washington, DC. 20036, (202) 857–3800, CFR 1.415 and 1.420. summary of the Commission’s Notice of facsimile (202) 857–3805. Proposed Rule Making, MM Docket No. List of Subjects in 47 CFR Part 73 Provisions of the Regulatory 99–226, adopted June 9, 1999, and Flexibility Act of 1980 do not apply to Radio broadcasting. released June 18, 1999. The full text of this proceeding. this Commission decision is available Federal Communications Commission. Members of the public should note for inspection and copying during John A. Karousos, that from the time a Notice of Proposed normal business hours in the Chief, Allocations Branch, Policy and Rules Rule Making is issued until the matter Division, Mass Media Bureau. is no longer subject to Commission Commission’s Reference Center, 445 [FR Doc. 99–16425 Filed 6–28–99; 8:45 am] consideration or court review, all ex Twelfth Street, SW, Washington, DC. The complete text of this decision may BILLING CODE 6712±01±P parte contacts are prohibited in Commission proceedings, such as this also be purchased from the one, which involve channel allotments. Commission’s copy contractors, FEDERAL COMMUNICATIONS See 47 CFR 1.1204(b) for rules International Transcription Services, COMMISSION governing permissible ex parte contact. Inc., 1231 20th Street, NW., For information regarding proper Washington, DC. 20036, (202) 857–3800, 47 CFR Part 73 filing procedures for comments, see 47 facsimile (202) 857–3805. [MM Docket No. 99±225, RM±9635] CFR 1.415 and 1.420. Provisions of the Regulatory List of Subjects in 47 CFR Part 73 Flexibility Act of 1980 do not apply to Radio Broadcasting Services; Saint this proceeding. Regis, MT Radio broadcasting. Members of the public should note AGENCY: Federal Communications Federal Communications Commission. that from the time a Notice of Proposed Commission. John A. Karousos, Rule Making is issued until the matter ACTION: Proposed rule. Chief, Allocations Branch, Policy and Rules is no longer subject to Commission Division, Mass Media Bureau. consideration or court review, all ex SUMMARY: This document requests [FR Doc. 99–16426 Filed 6–28–99; 8:45 am] parte contacts are prohibited in comments on a petition filed by the BILLING CODE 6712±01±P Commission proceedings, such as this Battani Corporation proposing the one, which involve channel allotments. allotment of Channel 256C2 at Saint See 47 CFR 1.1204(b) for rules Regis, Montana, as the community’s first FEDERAL COMMUNICATIONS governing permissible ex parte contact. local service. The channel can be COMMISSION allotted to Saint Regis with a site For information regarding proper restriction 18.1 kilometers (11.2 miles) 47 CFR Part 73 filing procedures for comments, see 47 east of the community at coordinates [MM Docket No. 99±226, RM±9603] CFR 1.415 and 1.420. 47–15–56 NL and 114–51–29 WL. List of Subjects in 47 CFR Part 73 Canadian concurrence will be requested Radio Broadcasting Services; for the allotment of Channel 256C2 at Toquerville, UT Radio broadcasting. Saint Regis. AGENCY: Federal Communications Federal Communications Commission. DATES: Comments must be filed on or Commission. before August 9, 1999, and reply John A. Karousos, ACTION: Proposed rule. comments on or before August 24, 1999. Chief, Allocations Branch, ADDRESSES: Federal Communications SUMMARY: This document requests Policy and Rules Division, Commission, Washington, DC. 20554. In comments on a petition filed by Mass Media Bureau. addition to filing comments with the Mountain West Broadcasting proposing [FR Doc. 99–16427 Filed 6–28–99; 8:45 am] FCC, interested parties should serve the the allotment of Channel 280C at BILLING CODE 6712±01±P petitioner’s counsel, as follows: Robert Toquerville, Utah, as the community’s Lewis Thompson, Taylor Thiemann & first local broadcast service. The

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FEDERAL COMMUNICATIONS For information regarding proper Washington, DC. 20036, (202) 857–3800, COMMISSION filing procedures for comments, see 47 facsimile (202) 857–3805. CFR 1.415 and 1.420. Provisions of the Regulatory 47 CFR Part 73 List of Subjects in 47 CFR Part 73 Flexibility Act of 1980 do not apply to [MM Docket No. 99±227, RM±9634] this proceeding. Radio broadcasting. Members of the public should note Radio Broadcasting Services; Trego, Federal Communications Commission. that from the time a Notice of Proposed MT John A. Karousos, Rule Making is issued until the matter is no longer subject to Commission AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules Commission. Division, Mass Media Bureau. consideration or court review, all ex parte contacts are prohibited in ACTION: Proposed rule. [FR Doc. 99–16428 Filed 6–28–99; 8:45 am] BILLING CODE 6712±01±P Commission proceedings, such as this SUMMARY: This document requests one, which involve channel allotments. comments on a petition filed by the See 47 CFR 1.1204(b) for rules Battani Corporation proposing the FEDERAL COMMUNICATIONS governing permissible ex parte contact. allotment of Channel 296C2 at Trego, COMMISSION For information regarding proper Montana, as the community’s first local filing procedures for comments, see 47 service. The channel can be allotted to 47 CFR Part 73 CFR 1.415 and 1.420. Trego with a site restriction 9.1 List of Subjects in 47 CFR Part 73 kilometers (5.7 miles) southwest of the [MM Docket No. 99±228, RM±9612] community at coordinates 48–38–44 NL Radio broadcasting. and 114–57–17 WL. Canadian Radio Broadcasting Services; Valier, MT Federal Communications Commission. concurrence will be requested for the John A. Karousos, allotment of Channel 296C2 at Trego. AGENCY: Federal Communications Chief, Allocations Branch, DATES: Comments must be filed on or Commission. Policy and Rules Division, before August 9, 1999, and reply ACTION: Proposed rule. comments on or before August 24, 1999. Mass Media Bureau. [FR Doc. 99–16429 Filed 6–28–99; 8:45 am] ADDRESSES: Federal Communications SUMMARY: This document requests Commission, Washington, DC. 20554. In comments on a petition filed by the BILLING CODE 6712±01±P addition to filing comments with the Battani Corporation proposing the FCC, interested parties should serve the allotment of Channel 289C1 at Valier, FEDERAL COMMUNICATIONS petitioner’s counsel, as follows: Robert Montana, as the community’s first local COMMISSION Lewis Thompson, Taylor Thiemann & service. The channel can be allotted to Aitken, L.C., 908 King Street, Suite 300, Valier without a site restriction at 47 CFR Part 73 Alexandria, VA 22314. coordinates 48–18–18 NL and 112–15– FOR FURTHER INFORMATION CONTACT: 30 WL. Canadian concurrence will be [MM Docket No. 99±218, RM±9637] Kathleen Scheuerle, Mass Media requested for the allotment of Channel Bureau, (202) 418–2180. 289C1 at Valier. Radio Broadcasting Services; SUPPLEMENTARY INFORMATION: This is a DATES: Comments must be filed on or Alberton, MT summary of the Commission’s Notice of before August 9, 1999, and reply Proposed Rule Making, MM Docket No. comments on or before August 24, 1999. AGENCY: Federal Communications 99–227, adopted June 9, 1999, and ADDRESSES: Federal Communications Commission. released June 18, 1999. The full text of Commission, Washington, DC. 20554. In ACTION: Proposed rule. this Commission decision is available addition to filing comments with the for inspection and copying during FCC, interested parties should serve the SUMMARY: This document requests normal business hours in the petitioner’s counsel, as follows: Robert comments on a petition filed by the Commission’s Reference Center, 445 Lewis Thompson, Taylor Thiemann & Battani Corporation proposing the Twelfth Street, SW, Washington, DC. Aitken, L.C., 908 King Street, Suite 300, allotment of Channel 288C2 at Alberton, The complete text of this decision may Alexandria, VA 22314. Montana, as the community’s first local also be purchased from the FOR FURTHER INFORMATION CONTACT: service. The channel can be allotted to Commission’s copy contractors, Kathleen Scheuerle, Mass Media Alberton with a site restriction 21.7 International Transcription Services, Bureau, (202) 418–2180. kilometers (13.5 miles) west of the Inc., 1231 20th Street, NW., community at coordinates 47–01–45 NL SUPPLEMENTARY INFORMATION: Washington, DC. 20036, (202) 857–3800, This is a and 114–45–20 WL. Canadian facsimile (202) 857–3805. summary of the Commission’s Notice of concurrence will be requested for the Provisions of the Regulatory Proposed Rule Making, MM Docket No. allotment of Channel 288C2 at Alberton. Flexibility Act of 1980 do not apply to 99–228, adopted June 9, 1999, and DATES: this proceeding. released June 18, 1999. The full text of Comments must be filed on or Members of the public should note this Commission decision is available before August 9, 1999, and reply that from the time a Notice of Proposed for inspection and copying during comments on or before August 24, 1999. Rule Making is issued until the matter normal business hours in the ADDRESSES: Federal Communications is no longer subject to Commission Commission’s Reference Center, 445 Commission, Washington, DC. 20554. In consideration or court review, all ex Twelfth Street, SW, Washington, DC. addition to filing comments with the parte contacts are prohibited in The complete text of this decision may FCC, interested parties should serve the Commission proceedings, such as this also be purchased from the petitioner’s counsel, as follows: Robert one, which involve channel allotments. Commission’s copy contractors, Lewis Thompson, Taylor Thiemann & See 47 CFR 1.1204(b) for rules International Transcription Services, Aitken, L.C., 908 King Street, Suite 300, governing permissible ex parte contact. Inc., 1231 20th Street, NW., Alexandria, VA 22314.

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FOR FURTHER INFORMATION CONTACT: Channel 261C2 at Incline Village, its For information regarding proper Kathleen Scheuerle, Mass Media reallotment to Dayton, as the filing procedures for comments, see 47 Bureau, (202) 418–2180. community’s first local aural service, CFR 1.415 and 1.420. and the modification of Station KTHX– SUPPLEMENTARY INFORMATION: This is a List of Subjects in 47 CFR Part 73 summary of the Commission’s Notice of FM’s license to specify both the higher Proposed Rule Making, MM Docket No. class channel and Dayton as its Radio broadcasting. 99–218, adopted June 9, 1999, and community of license; and (2) the Federal Communications Commission. released June 24, 1999. The full text of reallotment of Channel 295C from Reno John A. Karousos, to Incline Village and the modification this Commission decision is available Chief, Allocations Branch, Policy and Rules for inspection and copying during of Station KRNO–FM’s license to Division, Mass Media Bureau. specify Incline Village as its community normal business hours in the [FR Doc. 99–16432 Filed 6–28–99; 8:45 am] of license. Channel 261C1 can be Commission’s Reference Center, 445 BILLING CODE 6712±01±P Twelfth Street, SW, Washington, DC. allotted to Dayton with a site restriction The complete text of this decision may of 36.8 kilometers (22.9 miles) northeast, at coordinates 39–29–27 NL; also be purchased from the DEPARTMENT OF THE INTERIOR Commission’s copy contractors, 119–19–03 WL, to accommodate petitioner’s desired transmitter site. International Transcription Services, Fish and Wildlife Service Inc., 1231 20th Street, NW., Channel 295C can be allotted to Incline Washington, DC. 20036, (202) 857–3800, Village with a site restriction of 10.1 50 CFR Part 17 facsimile (202) 857–3805. kilometers (6.3 miles) northeast, at Provisions of the Regulatory coordinates 39–18–38 NL; 119–53–01 Endangered and Threatened Wildlife Flexibility Act of 1980 do not apply to WL, which represents Station KRNO– and Plants; 90-day Finding for a this proceeding. FM’s presently licensed transmitter site. Petition To List the Plant `` Members of the public should note DATES: Comments must be filed on or runyonii'' (Limoncillo) as Endangered before August 9, 1999, and reply that from the time a Notice of Proposed AGENCY: comments on or before August 24, 1999. Fish and Wildlife Service, Rule Making is issued until the matter Interior. is no longer subject to Commission ADDRESSES: Federal Communications ACTION: consideration or court review, all ex Commission, 445 12th Street, S.W., Notice of petition finding. parte contacts are prohibited in Room TW–A325, Washington, DC SUMMARY: We, the U.S. Fish and Commission proceedings, such as this 20554. In addition to filing comments Wildlife Service, announce a 90-day one, which involve channel allotments. with the FCC, interested parties should finding for a petition to list Esenbeckia See 47 CFR 1.1204(b) for rules serve the petitioner, or its counsel or runyonii (limoncillo) as endangered governing permissible ex parte contact. consultant, as follows: Dennis P. under the Endangered Species Act of For information regarding proper Corbett, Ross G. Greenberg, Leventhal, 1973, as amended. This small is filing procedures for comments, see 47 Senter & Lerman, P.L.L.C., 2000 K known from Cameron County, Texas, CFR 1.415 and 1.420. Street, NW, Suite 600, Washington, D.C. and from the states of , 20006–1809 (Counsel to petitioners). List of Subjects in 47 CFR Part 73 Nuevo Leon, San Luis Potosi, Queretaro, FOR FURTHER INFORMATION CONTACT: and in Mexico. We find that the Radio broadcasting. Leslie K. Shapiro, Mass Media Bureau, petition failed to present substantial Federal Communications Commission. (202) 418–2180. information indicating that listing this John A. Karousos, SUPPLEMENTARY INFORMATION: This is a species may be warranted. Chief, Allocations Branch, Policy and Rules synopsis of the Commission’s Notice of DATES: The finding announced in this Division, Mass Media Bureau. Proposed Rule Making, MM Docket No. document was made on June 3, 1999. 99–229, adopted June 9, 1999, and [FR Doc. 99–16430 Filed 6–28–99; 8:45 am] ADDRESSES: Data, information, released June 18, 1999. The full text of BILLING CODE 6712±01±P comments, or questions concerning this this Commission decision is available petition finding should be submitted to for inspection and copying during the U.S. Fish and Wildlife Service, normal business hours in the FCC FEDERAL COMMUNICATIONS Ecological Services Field Office, c/o Reference Center, 445 12th Street, NW., COMMISSION Texas A&M University-Corpus Christi, Washington, DC. The complete text of Campus Box 338, 6300 Ocean Drive, 47 CFR Part 73 this decision may also be purchased Corpus Christi, Texas 78412. The from the Commission’s copy contractor, [MM Docket No. 99±229, RM±9479] petition finding, supporting data, and International Transcription Services, comments are available for public Inc., (202) 857–3800, 1231 20th Street, Radio Broadcasting Services; Dayton, inspection, by appointment, during Incline Village, and Reno, NV NW, Washington, DC 20036. Provisions of the Regulatory normal business hours at the above AGENCY: Federal Communications Flexibility Act of 1980 do not apply to address. Commission. this proceeding. FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. Members of the public should note Robyn Cobb, c/o Texas A&M University- that from the time a Notice of Proposed Corpus Christi Field Office (see SUMMARY: The Commission requests Rule Making is issued until the matter ADDRESSES section) (telephone 512/994– comments on a petition jointly filed by is no longer subject to Commission 9005; facsimile 512/994–8262). Salt Broadcasting, L.L.C., licensee of consideration or court review, all ex SUPPLEMENTARY INFORMATION: Station KTHX–FM, Incline Village, NV, parte contacts are prohibited in and Americom Las Vegas Limited Commission proceedings, such as this Background Partnership, licensee of Station KRNO– one, which involve channel allotments. Section 4(b)(3)(A) of the Endangered FM, Reno, NV. Petitioners request: (1) See 47 CFR 1.1204(b) for rules Species Act (Act) of 1973, as amended the substitution of Channel 261C1 for governing permissible ex parte contacts. (16 U.S.C. 1531 et seq.), requires that we

VerDate 18-JUN-99 15:51 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\29JNP1.XXX pfrm01 PsN: 29JNP1 34756 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules make a finding on whether a petition to Crescentia alata, a trifoliate-leaved indicates that while the U.S. list, delist, or reclassify a species species in the bignonia family. The populations have been reduced from presents substantial scientific or petitioner notes that other E. runyonii four to one, the populations in Mexico commercial information to demonstrate populations occur in Mexico, but appear to be relatively abundant and that the petitioned action may be provides no information on these under no immediate threat that would warranted. This finding is to be based populations. justify listing the species as endangered on all information available to us at the Cameron County, Texas, on the U.S./ or threatened. time the finding is made. To the Mexico border, is the northern range References Cited maximum extent practicable, we make limit of E. runyonii. Populations in this finding within 90 days of the date Mexico are known from the states of Chiang, F. 1989. Casimiroa greggii, the petition was received, and notice of Tamaulipas, Nuevo Leon, San Luis formerly in Sargentia () Taxon Potosi, Queretaro, and Hidalgo (F. 38:116–119. the finding must be published promptly Kaastra, R.C. 1982. Flora Neotropica, in the Federal Register. If the finding is Gonzalez-Medrano, Instituto de Monograph Number 33, Pilocarpinae that substantial information was Biologia, Mexico City, Mexico, in litt. (Rutaceae). New York Botanical Garden, presented, we are also required to 1994; Kaastra 1982; A.M. Olivo, Bronx, New York. promptly commence a review of the Instituto de Ecologia y Alimentos, Author: The primary author of this status of the species involved if one has Ciudad Victoria, Tamaulipas, Mexico, in document is Angela Brooks, formerly of not already been initiated under our litt. 1994; J.M. Poole, Texas Parks and the Corpus Christi Ecological Services internal candidate assessment process. Wildlife Department, Austin, Texas, in Field Office (See ADDRESSES). We have made a 90-day finding on a litt. 1994). Information from herbarium petition to list the plant Esenbeckia specimens at the Missouri Botanical Authority runyonii (limoncillo). The petition, Garden (J.M. Poole, in litt. 1994), The authority for this action is the dated June 28, 1994, was submitted by Universidad Autonoma de Tamaulipas Endangered Species Act (16 U.S.C. 1531 Joe Ideker, Secretary of the Native Plant (A.M. Olivo, in litt. 1994), Universidad et seq.). Project, and was received by the Service Nacional Autonoma de Mexico, Mexico, Dated: June 3, 1999. on July 5, 1994. The petitioner D.F. (F. Gonzalez-Medrano, in litt. requested that we list E. runyonii as 1994), and Kaastra (1982) indicate at Jamie Rappaport Clark, endangered. Action on this petition was least 45 collection sites in Mexico. Director, Fish and Wildlife Service. delayed by a listing moratorium (Public Chiang (1989) notes a collection by [FR Doc. 99–16418 Filed 6–28–99; 8:45 am] Law 104–6, April 10, 1995) and Pringle in Nuevo Leon that may BILLING CODE 4310±55±P rescission of listing program funding in represent an additional site. The species Fiscal Year 1996. This moratorium was is also known from the canyons of the subsequently lifted and listing program Sierra de Picachos (Nuevo Leon) and the funding restored on April 26, 1996. On El Cielo (Tamaulipas) bioreserve (C. DEPARTMENT OF COMMERCE May 16, 1996 (61 FR 24722) the Service Best, LRGV-NWR, Alamo, Texas, pers. National Oceanic and Atmospheric issued guidance for priorities in comm. 1994). Administration restarting the listing program. This 90- Esenbeckia runyonii populations in day finding was precluded by the Mexico occur primarily in moist 50 CFR Part 622 Service’s listing priority guidance for canyons on rocky talus slopes (C. Best, Fiscal Year 1997, finalized December 5, pers. comm. 1994; F. Gonzalez- [Docket No. 990506119±9119±01; I.D. 1996 (61 FR 64475). With the Medrano, in litt. 1994). This habitat is 040799B] publication of listing priority guidance vastly different from the floodplain for Fiscal Years 1998 and 1999 on May delta of the where the RIN 0648±AM66 8, 1998 (63 FR 25502) the Service species occurs in the United States. returned to a more balanced listing The petition indicates a willingness to Fisheries of the Caribbean, Gulf of program. The processing of petition list only the Texas population of this Mexico, and South Atlantic; Reef Fish findings to add species to the list of plant until further studies are done on Fishery of the Gulf of Mexico; Red threatened and endangered species have the populations in Mexico. The Act Snapper Management Measures significant conservation benefit and allows the listing of distinct population these actions are now placed in Tier 2. segments of vertebrate fish or wildlife AGENCY: National Marine Fisheries The petitioner states that all but one species, but does not extend the same Service (NMFS), National Oceanic and of the four (perhaps five) historically option to plants or invertebrate animals. Atmospheric Administration (NOAA), known U.S. populations of this small The listing of any plant or invertebrate Commerce. tree have been lost due to habitat animal must include all populations ACTION: Proposed rule; request for destruction and that the remaining U.S. within the species’ historical range. comments. population consists of 15 plants We have reviewed the petition and occurring on less than 0.4 hectare (ha) appended data, and other literature and SUMMARY: NMFS issues proposed (1 acre (ac)) of a Lower Rio Grande information available in our files. On regulations to implement certain Valley National Wildlife Refuge (LRGV– the basis of the best scientific and provisions of a regulatory amendment NWR) tract. The petitioner states that commercial information available, we prepared by the Gulf of Mexico Fishery this population is vulnerable to find that the petition does not present Management Council (Council) in destruction from catastrophic events substantial information that listing this accordance with framework procedures such as hurricanes, freezes, or fires. The species may be warranted. The petition for adjusting management measures of petitioner mentions two unverified includes no information regarding the Fishery Management Plan for the groups of E. runyonii plants in a distribution, population sizes, or threats Reef Fish Resources of the Gulf of Brownsville, Texas, park that are to E. runyonii in Mexico, which Mexico (FMP). These proposed threatened by construction of a road to constitutes most of the species’ regulations would set the opening date the Los Tomates Bridge. We investigated documented range (Kaastra, 1982). of the recreational red snapper fishing these plants and found them to be Information readily available to us season at March 1, beginning with the

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2000 fishing year; establish a 4–fish implemented by proposed and final from the northern and eastern Gulf recreational red snapper bag limit with regulations before the automatic reiterated their belief that the benefits of a 0–fish bag limit for captain or crew of opening of the recreational fishery on the extended fall season resulting from a charter vessel or headboat; and change January 1, 1999. NMFS implemented the March 1 opening outweigh the the openings of the fall red snapper the 4-fish bag limit via emergency adverse effects of decreasing the total commercial season from the first 15 interim rule (63 FR 72200, December 31, number of fishing trips per year. This days of each month to the first 10 days 1998), as requested, to slow the rate of testimony may not be representative of of each month, beginning September 1 harvest, avoid angler confusion, and the affected Gulf-wide recreational each year. The intended effect of these address emergency conditions in the sector; public comment on this aspect of proposed regulations is to maximize the fishery. NMFS did not implement the the proposed rule is needed to better economic benefits from the red snapper requested 0–fish bag limit for captain evaluate this issue. and crew, size limit change, or seasonal resource within the constraints of the Proposed Bag Limit Measures rebuilding program for this overfished delay via emergency interim rule. NMFS resource. analyses showed that benefits from To prolong the recreational season, the Council recommends a 0–fish bag DATES: Written comments must be emergency implementation of these received on or before July 14, 1999. measures were not sufficient to justify limit for captain and crew of for-hire vessels and a continuation of the 4-fish ADDRESSES: the associated loss of opportunity for Comments on the proposed limit for all other persons subject to the rule must be sent to Dr. Roy E. Crabtree, prior notice and public comment. The Council submitted a proposed bag limit provision (currently in effect Southeast Regional Office, NMFS, 9721 regulatory amendment that would for all such persons through June 29, Executive Center Drive N., St. reduce the minimum size limit (size 1999, via emergency interim rule (63 FR Petersburg, FL 33702. limit) for red snapper from 15 inches to 72200, December 31, 1998)). NMFS Requests for copies of the framework 14 inches (38 cm to 36 cm) (total length) analyses suggest that the 4-fish bag limit regulatory amendment, which includes for persons fishing under the will extend the duration of the an environmental assessment, and a recreational or commercial quotas. recreational season beyond that regulatory impact review (RIR), should NMFS has disapproved this measure achieved with a 5-fish bag limit. be sent to the Gulf of Mexico Fishery based on national standard 2 of the Industry participants have suggested Management Council, 3018 U.S. Magnuson-Stevens Act and has returned that four fish is the minimum bag limit Highway 301 North, Suite 1000, Tampa, this measure to the Council, as provided that would continue to attract for-hire FL 33619–2266; Phone: 813–228–2815; for by the Reef Fish FMP framework customers. Analyses of the 0–fish bag Fax: 813-225–7015; E-mail: procedure. The proposed minimum size limit for captain and crew suggest that [email protected]. limit reduction provides no clear the extension of the season resulting FOR FURTHER INFORMATION CONTACT: Dr. economic or biological benefits. NMFS from this measure would be only 5 days Roy E. Crabtree, 727–570–5305. analyses suggest that reducing the or less. The Council considered this SUPPLEMENTARY INFORMATION: The reef minimum size limit from 15 inches to measure in combination with other fish fishery in the EEZ of the Gulf of 14 inches would shorten the proposed changes and concluded this Mexico is managed under the FMP. The recreational season by about 7 days, measure would significantly extend the FMP was prepared by the Council and with little or no corresponding benefit recreational season. Two Council is implemented under the authority of to the stock. minority reports question the fairness the Magnuson-Stevens Fishery Seven Council members signed a and equity of this measure and its Conservation and Management Act minority report opposing the 14-inch disproportionate effect on for-hire (Magnuson-Stevens Act) by regulations (36–cm) size limit and the 0–fish bag vessels that carry few customers. These at 50 CFR part 622. limit for captain and crew. One Council minority reports state that the Council The Council has proposed adjusted member signed a second minority report approved the measure without any management measures (regulatory opposing the 0–fish bag limit for captain scientific analysis; however, the Council amendment) for the Gulf red snapper and crew. was provided the Socioeconomic fishery for NMFS’ review, approval, and Panel’s analyses of the effect of the 0– Recreational Season Delay implementation. These measures were fish bag limit for captain and crew. developed and submitted to NMFS The Council proposes to delay the Additional public comment on these under the terms of the FMP’s framework opening date of the recreational season issues is needed. procedure for annual adjustments in from January 1 to March 1. The Council Commercial Fall Season Adjustment total allowable catch and related recommends this change based on the measures for the red snapper fishery preponderance of public testimony that The regulations implementing FMP (framework procedure). The proposed this closure period would be the least Amendment 15 restricted the red regulations would implement the disruptive to the fishery. The purpose of snapper commercial harvest to the first measures contained in the Council’s this change is to extend the fishing 15 days of the month for each of the regulatory amendment except for a season further into the fall; however, annual fishing seasons beginning proposed measure to reduce the NMFS analyses suggest that the 2-month February 1 and September 1. These minimum size limit for red snapper delay would only extend the season an monthly harvest periods were intended from 15 to 14 inches. NMFS previously additional 15 days. The proposed delay to benefit the fishery by extending the disapproved this measure (see below). would close the fishery in January and length of the commercial fishing season February, resulting in an estimated net and stabilizing market prices. Based on Background loss of 12,000 angler trips, including more recent public testimony, the The Council requested that NMFS 3,600 trips in the for-hire sector. The Council concluded that the industry implement the measures in its proposed number of lost trips is expected to be would benefit from a reduction in the regulatory amendment through greatest in the western Gulf off Texas. duration of the monthly open periods emergency action because the proposed At its January 1999 meeting, the Council from 15 days to 10 days in the fall recreational season, size limit, and bag reviewed the NMFS economic analyses. season. The intent of this action is to limit measures could not be Charter vessel and headboat operators stabilize ex-vessel prices.

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Classification Based on the findings summarized snapper has been reached and the bag This proposed rule has been above, the Council concluded that the and possession limit has been reduced determined to be significant for proposed rule would not have a to zero, the limit for such possession purposes of E.O. 12866. significant impact on a substantial during a closed period is zero. The Chief Counsel for Regulation of number of small business entities, and * * * * * the Department of Commerce has a regulatory flexibility analysis was not 3. In § 622.39, paragraph (b)(1)(iii), certified to the Chief Counsel for prepared. currently suspended through June 29, Advocacy of the Small Business List of Subjects in 50 CFR Part 622 1999, is revised to read as follows: Administration that this proposed rule, § 622.39 Bag and possession limits. if adopted, would not have a significant Fisheries, Fishing, Puerto Rico, economic impact on a substantial Reporting and recordkeeping * * * * * number of small entities as follows: requirements, Virgin Islands. (b) * * * The Council prepared an RIR that describes Dated: June 23, 1999. (1) * * * the economic outcomes of the measures in Andrew A. Rosenberg, (iii) Red snapper—4, except that for the proposed rule. The proposed measure to an operator or member of the crew of a reduce the recreational bag limit from 5 to 4 Deputy Asst. Administrator for Fisheries, National Marine Fisheries Service. charter vessel or headboat, the bag limit fish, plus a 0–fish bag limit for captain and is 0. crew of for-hire vessels, is expected to reduce For the reasons set out in the the projected rate of recreational harvest, preamble, 50 CFR part 622 is proposed * * * * * potentially reduce the angler’s economic to be amended as follows: 4. In § 622.42, paragraph (a)(2) is value per trip, and reduce the benefits of revised to read as follows: captain and crew. Such reductions would be PART 622ÐFISHERIES OF THE compensated for by extending the season by CARIBBEAN, GULF, AND SOUTH § 622.42 Quotas. about 4 weeks later in the year. Given certain ATLANTIC * * * * * assumptions, this measure would increase (a) * * * the benefits to both anglers and for-hire 1. The authority citation for part 622 (2) Recreational quota for red vessels, but the available data do not allow continues to read as follows: the appropriate calculations to be made. snapper. The following quota applies to Postponing the opening of the recreational Authority: 16 U.S.C. 1801 et seq. persons who harvest red snapper other than under commercial vessel permits fishery from January 1 to March 1 would 2. In § 622.34, paragraph (l), currently for Gulf reef fish and the commercial allow the fishery to remain open for 15 days suspended through June 29, 1999, is more in the fall. Even though the extension quota specified in paragraph (a)(1)(i) of revised to read as follows: of the season is viewed as a desirable result, this section—4.47 million lb (2.03 this extension will be accompanied by a § 622.34 Gulf EEZ seasonal and/or area million kg), round weight. Beginning small reduction in the expected total number closures. January 1, 2000, this quota becomes of angler trips because more trips will be foregone during January and February than * * * * * available on March 1 each year. will be gained later in the season. Hence, the (l) Closures of the commercial fishery * * * * * overall economic effect of postponing the for red snapper. The commercial fishery [FR Doc. 99–16519 Filed 6–28–99; 8:45 am] season is expected to be negative by a small for red snapper in or from the Gulf EEZ BILLING CODE 3510±22±F but unknown amount. The proposed is closed from January 1 to noon on reduction in fishing time from 15 days to 10 February 1 and thereafter from noon on days for each open month in the fall commercial red snapper season is expected the 15th of each month to noon on the DEPARTMENT OF COMMERCE to achieve minimal but positive revenue first of each succeeding month until the effects. This result is expected because the quota specified in § 622.42(a)(1)(i)(A) is National Oceanic and Atmospheric shorter open periods each month will lessen reached or until noon on September 1, Administration the probability of supply gluts when red whichever occurs first. Starting in snapper markets are relatively weak in the September, the commercial fishery for 50 CFR Part 648 fall season. The RIR found that the proposed red snapper in or from the Gulf EEZ is [I.D. 050399A] regulations will not be significant under E.O. closed from noon on the 10th of each 12866. The RIR also estimated that the RIN 0648±AL27 government costs of developing the rule were month to noon on the first of each $40,500, and there are no expected increased succeeding month until the quota Fisheries of the Northeastern United costs of monitoring, enforcement or specified in § 622.42(a)(1)(i)(B) is States; Amendment 12 to the reporting. reached or until the end of the fishing Northeast Multispecies Fishery The Council also determined, and NMFS year, whichever occurs first. All times Management Plan; Measures to concurs, that there will not be a significant are local times. During these closed impact on the estimated 1,626 reef fish Address the Sustainable Fisheries Act periods, the possession of red snapper Requirements; Correction permit holders who can legally engage in the in or from the Gulf EEZ and in the Gulf commercial harvest of red snapper or operate on board a vessel for which a AGENCY for-hire businesses and can legally catch red : National Marine Fisheries snapper under the recreational bag limit. commercial permit for Gulf reef fish has Service (NMFS), National Oceanic and These permit holders are all classified as been issued, as required under Atmospheric Administration (NOAA), small entities. This determination was based § 622.4(a)(2)(v), without regard to where Commerce. on a finding that none of the measures are such red snapper were harvested, is ACTION: Correction to a notice of expected to directly reduce gross revenues of limited to the bag and possession limits, availability. commercial or for-hire vessels, that no as specified in § 622.39(b)(1)(iii) and production cost increases are expected, that (b)(2), respectively, and such red SUMMARY: NMFS corrects a notice of no differential small versus large firm snapper are subject to the prohibition on availability for Amendment 12 to the impacts are expected, that there are no expected changes in capital costs of sale or purchase of red snapper Northeast Multispecies Fishery complying with the proposed rule, and that possessed under the bag limit, as Management Plan that was published at no small entities would be expected to cease specified in § 622.45(c)(1). However, 64 FR 29257, June 1, 1999, containing business if the proposed rule is implemented. when the recreational quota for red a possession limit that was incorrect.

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FOR FURTHER INFORMATION CONTACT: regulatory impact review, and NMFS notified the Councils on April Peter Christopher, Fishery Management supplement of May 1999, are available 3, 1998, that spiny dogfish was being Specialist, 978–281–9288. from Daniel Furlong, Executive Director, added to the list of overfished stocks in Mid-Atlantic Fishery Management the Report on the Status of the Fisheries Correction Council, Room 2115 Federal Building, of the United States, prepared pursuant In the Federal Register of June 1, 300 S. New Street, Dover, DE 19904- to section 304 of the Magnuson-Stevens 1999, in FR Doc. 99–13828, on page 6790. Act. The Magnuson-Stevens Act rd th 29257, in the 3 column, in the 16 FOR FURTHER INFORMATION CONTACT: requires remedial action for stocks that line, the weight ‘‘35,000 lb’’ should read Richard A. Pearson, Fishery Policy are designated overfished, and requires ‘‘30,000 lb’’. Analyst, at 978–281–9279. the Regional Fishery Management Councils to prepare measures within 1 Dated: June 22, 1999. SUPPLEMENTARY INFORMATION: Domestic Bruce C. Morehead, landings of spiny dogfish (Squalus year of notification to end overfishing Acting Director, Office of Sustainable acanthias) on the East Coast rapidly and to rebuild the overfished stock. The FMP proposes management Fisheries, National Marine Fisheries Service. increased from 9.92 million lb (4,500 measures to control fishing mortality, a [FR Doc. 99–16513 Filed 6–28–99; 8:45 am] metric tons (mt)) in 1989 to 61.72 definition of overfishing, a 5-year stock BILLING CODE 3510±22±F million lb (28,000 mt) in 1996, then rebuilding schedule, and identification declined to approximately 41.89 million and description of EFH. The FMP was lb (19,000 mt) in 1997. During this DEPARTMENT OF COMMERCE developed jointly by the Councils. The period, the fishing mortality rate (F) rose Mid-Atlantic Fishery Management from below 0.1 during the 1980’s to 0.3 National Oceanic and Atmospheric Council (Mid-Atlantic Council) has the in 1997. In addition to the overall Administration administrative lead on the FMP. increase in landings, the landings The proposed management measures 50 CFR Part 648 disproportionately contain females, to control fishing mortality include: (1) because they grow to a larger size than [I.D. 060899B] Permit and reporting requirements for males and are, therefore, preferred for owners of commercial vessels, processing. Because of the directed Fisheries of the Northeastern United operators, and dealers; (2) the fishing effort on adult female spiny States; Spiny Dogfish Fishery establishment of a Spiny Dogfish dogfish, including discard mortality, the Monitoring Committee; (3) a framework AGENCY: National Marine Fisheries spawning stock biomass (SSB) has adjustment process; (4) an annual Service (NMFS), National Oceanic and severely declined. commercial quota; (5) seasonal (semi- Atmospheric Administration (NOAA), The spiny dogfish, a common small annual) allocation of the commercial Commerce. shark, inhabits the temperate and sub- quota; (6) a prohibition on finning; and ACTION: Notice of availability of a fishery Arctic latitudes of the North Atlantic (7) annual FMP review. management plan for spiny dogfish; Ocean. In the Northwest Atlantic, they The FMP would eliminate overfishing request for comments. range from to Florida, but are and rebuild the spiny dogfish stock most abundant from Nova Scotia to through a two-step reduction in F. The SUMMARY: NMFS announces that the Cape Hatteras. They migrate seasonally, first step would reduce F from current Mid-Atlantic and New England Fishery moving north in spring and summer and levels (approximately 0.3) to 0.2 Management Councils (Councils) have south in fall and winter. Spiny dogfish beginning the second quota period of submitted the Fishery Management Plan are considered a unit stock in the year one (November 1999–April 2000). for Spiny Dogfish (FMP) for Secretarial Northwest Atlantic Ocean. The F would be reduced to 0.03 for the review and are requesting comments management unit for this FMP is the remaining 4 years of the rebuilding from the public. The FMP proposes entire spiny dogfish stock along the schedule. management measures to control fishing Atlantic coast of the United States. The primary management measure in mortality, a definition of overfishing, a Spiny dogfish is a long-lived, slow the FMP is an annual commercial quota 5-year rebuilding schedule, and an growing species. Fifty percent of the that would be allocated semi-annually, identification and description of female population is mature at 12 years based upon the percentage of essential fish habitat (EFH). The of age. This species bears live young commercial landings for each semi- purpose of the FMP is to conserve spiny after a 2-year gestation period. Litter annual period during the years 1990– dogfish to achieve optimum yield from sizes range from 2 to 15 pups. Therefore, 1997. The first period (May 1–Oct. 31) this resource. The FMP will achieve this a small spawning stock produces would receive 57.9 percent of the overall goal primarily by eliminating correspondingly low recruitment, annual commercial quota; the second overfishing and rebuilding the spiny making spiny dogfish especially period (Nov. 1–April 30) would receive dogfish stock to meet the requirements vulnerable to overfishing. the remaining 42.1 percent of the annual of the Magnuson-Stevens Fishery The 26th Northeast Regional Stock commercial quota. Conservation and Management Act Assessment Workshop (SAW 26) in The annual commercial quota would (Magnuson-Stevens Act). March 1998 concluded that spiny be based upon the recommendations of DATES: Comments on the FMP must be dogfish are overexploited. SAW 26 the Spiny Dogfish Monitoring received on or before August 30, 1999. reported that minimum biomass Committee, the Joint Spiny Dogfish ADDRESSES: Send comments to Patricia estimates of mature females (≥ 80 cm) Committee, and the Councils. The A. Kurkul, Regional Administrator, have declined by over 50 percent since annual quota would be established by National Marine Fisheries Service, 1989 and that recruitment of juvenile the Regional Administrator at a level to Northeast Regional Office, One dogfish was the lowest on record in assure that the target F specified in the Blackburn Drive, Gloucester, MA 01930- 1997. The combination of increased FMP is not exceeded. 3799. Mark the outside of the envelope: fishing mortality, declining biomass of Any owner of a vessel wanting to fish ‘‘Comments on Spiny Dogfish FMP.’’ mature females, and low recruitment for spiny dogfish within the EEZ for Copies of the FMP including the final have contributed to the overfished sale, or wanting to transport and deliver environmental impact statement, condition of the stock. for sale any spiny dogfish taken within

VerDate 18-JUN-99 09:40 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A29JN2.032 pfrm07 PsN: 29JNP1 34760 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules the EEZ, would be required to obtain a defined as overfished when adult female identified several areas that required Federal commercial vessel permit for SSB falls below the threshold level of 1⁄2 clarification or additional information. that purpose. Any dealer of spiny SSBmax, which is 220 million lb (100,000 These areas included discussion of dogfish would be required to obtain a mt) SSB. The Councils have chosen a sections addressing the Paperwork Federal dealer permit. Anyone who biomass rebuilding target of 397 million Reduction Act, Marine Mammal operates a vessel for the purpose of lb (180,000), which is 90 percent of Protection Act, Endangered Species Act, fishing commercially for spiny dogfish SSBmax. EFH, the overfishing definition, and would be required to obtain an The most recent stock assessment data national standard 9. As a result, the presented by the NMFS Northeast operator’s permit. Specific requirements Councils submitted a Supplement to the Fisheries Science Center (NEFSC)(1998) regarding permitting requirements are FMP on May 12, 1999. discussed in the FMP and proposed and the Dogfish Technical Committee rule. indicate that, based upon a 3-year This NOA requests comments on the moving average of NEFSC survey data, FMP, including comments on the Overfishing Definition the total adult female spiny dogfish SSB amended biomass rebuilding target and The FMP’s overfishing definition is currently about 280 million lb the associated 5-year rebuilding consists of two components: (1) A (127,000 mt). This is below the SSB schedule. A proposed rule that would maximum F threshold and a target F, rebuilding target specified in the FMP. implement the FMP will be published and (2) a minimum SSB threshold and The FMP proposes to rebuild the adult in the Federal Register for public an SSB target. The overfishing female spiny dogfish stock to 396 comment after NMFS has evaluated it definition specifies an F threshold level, million lb (180,000 mt) over a 5-year under the procedures of the Magnuson- whereby F in excess of this level would rebuilding period, whereby F is reduced Stevens Act. Public comments on the be defined as overfishing. The definition from 0.3 to 0.2 beginning the second proposed rule must be received by also specifies a target F that would quota period of year one (November August 30, 1999, the end of the 1999–April 2000) and then further allow stock rebuilding. Overfishing for comment period on the FMP, to be reduced to 0.03 for the remaining 4 spiny dogfish occurs when F exceeds considered in the decision concerning years of the rebuilding schedule. the level associated with a pup-per- approval or disapproval of the FMP. All recruit ratio of 1.0, designated as Frep. Essential Fish Habitat comments received by August 30, 1999, Frep represents the level that allows for The FMP includes the Councils’ whether specifically directed to the the production of 1.0 female pup per identification and description of EFH FMP or to the proposed rule, will be female recruit to the adult stock; that is, for juvenile and adult spiny dogfish, considered in the approval/disapproval the level that allows the adult female and evaluation of fishing activities and decision on the FMP. Comments portion of the stock to replace itself. F rep non-fishing activities that may adversely received after that date will not be is currently estimated to be 0.11. The affect EFH. The FMP does not propose considered in the approval/disapproval current F level of 0.3 exceeds Frep. The any specific management measures to decision on the FMP. All comments target F (Ftarget) specified in the FMP address adverse effects from fishing, but received on the FMP or on the proposed represents the mortality rate that would it makes conservation, enhancement, produce an average of 1.5 pups-per- rule will be responded to in the and research recommendations to preamble to the final rule. recruit and is estimated to be 0.08. address non-fishing activities. The FMP The SSB component of the states that the Councils intend to review Authority: 16 U.S.C. 1801 et seq. overfishing definition is based upon the and, if necessary, amend the EFH Dated: June 24, 1999. level of adult female SSB that designations for spiny dogfish at least George H. Darcy, maximizes average recruitment, referred every 5 years. The FMP also authorizes Acting Director, Office of Sustainable to as SSBmax. SSBmax was selected as a the revision of EFH components using Fisheries, National Marine Fisheries Service. proxy value for Bmsy (the biomass level the framework process. that would produce maximum [FR Doc. 99–16521 Filed 6–28–99; 8:45 am] Supplement to the FMP sustainable yield). SSBmax was determined to be 440 million lb Following initial review of the BILLING CODE 3510±22±F (200,000 mt) SSB. Spiny dogfish is Council’s FMP submission, NMFS

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Notices Federal Register Vol. 64, No. 124

Tuesday, June 29, 1999

This section of the FEDERAL REGISTER displays a currently valid OMB control made in accordance with the borrower’s contains documents other than rules or number. obligations and commitments. proposed rules that are applicable to the Description of Respondents: Not-for- public. Notices of hearings and investigations, Rural Utilities Service profit institutions; Business or other for- committee meetings, agency decisions and Title: Financial Requirement & profit. rulings, delegations of authority, filing of Expenditure Statement. Number of Respondents: 798. petitions and applications and agency Frequency of Responses: Reporting: statements of organization and functions are OMB Control Number: 0572–0015. examples of documents appearing in this Summary of Collection: The Rural On occasion. section. Utilities Service (RUS) is a credit agency Total Burden Hours: 26,334. of the U.S. Department of Agriculture. It Animal and Plant Health Inspection makes loans (direct and guaranteed) to Service DEPARTMENT OF AGRICULTURE finance electric, telecommunications, and water and waste water facilities in Title: National Animal Health Submission for OMB Review; rural areas. RUS’ electric program is a Monitoring System (NAHMS). Comment Request leader in lending to upgrade, expand, OMB Control Number: 0579–0079. Summary of Collection: The mission maintain and replace the vast rural June 24, 1999. of the National Animal Health American electric infrastructure. The Monitoring System (NAHMS) Program The Department of Agriculture has RUS loan portfolio totals nearly $42 of the Animal and Plant Health submitted the following information billion. RUS also acts as a catalyst for Inspection Service (APHIS) is to deliver collection requirement(s) to OMB for private sector investment in rural statistically-valid and scientifically- review and clearance under the America and assists borrowers by sound animal health information to Paperwork Reduction Act of 1995, Pub. enabling them to more easily obtain consumers, animal health officials, L. 104–13. Comments regarding (a) ‘‘market financing.’’ The Rural private practitioners, animal industry whether the collection of information is Electrification Act (RE Act) of 1936, 7 groups, policy makers, public health necessary for the proper performance of U.S.C. 901 et seq., authorizes and officials, media, educational the functions of the agency, including empowers the Administrator of the institutions, and others. Annually, whether the information will have Rural Utilities Service to make loans in NAHMS conducts studies of specific practical utility; (b) the accuracy of the the several States and Territories of the livestock and poultry issues. NAHMS is agency’s estimate of burden including United States for rural electrification proposing to collect information in the validity of the methodology and and the furnishing of electric energy to conjunction with the Equine ’98 study. assumptions used; (c) ways to enhance persons in rural areas who are not Information for the study will be the quality, utility and clarity of the receiving central station service. Eligible collected voluntarily on a national basis information to be collected; (d) ways to borrowers for RUS financial assistance from people involved in the equine minimize the burden of the collection of include rural cooperative, nonprofit, (horses, ponies, donkeys, and mules) information on those who are to limited-dividend, or mutual industry using surveys and other respond, including through the use of associations; municipalities; Indian appropriate automated, electronic, structured forms. Tribes; people’s utility districts; states, Need and Use of the Information: The mechanical, or other technological territories, and subdivisions and collection techniques or other forms of information collected through the agencies thereof; and, commercial NAHMS Equine ’98 study will be used information technology should be corporations. These entities are addressed to: Desk Officer for to estimate risk factors for regional and obligated to serve the public welfare national prevalence of specific Agriculture, Office of Information and and, in many instances, are subject to Regulatory Affairs, Office of pathogens; support the industry goal of State regulatory oversight. RUS electric providing optimal health care for equids Management and Budget (OMB), borrowers use RUS form 595 to request Washington, DC 20503 and To by determining current practices in an advance of loan funds. RUS will health management; provide baseline Departmental Clearance Office, USDA, collect information using RUS form 595. OCIO, Mail Stop 7602, Washington, DC estimates of equine health conditions; Need and Use of the Information: provide information on mortality and 20250–7602. Comments regarding these RUS will collect information on the information collections are best assured morbidity as it relates to body system distribution, transmission, generation, categories such as respiratory disease, of having their full effect if received headquarters facilities, and acquisitions. within 30 days of this notification. colic, and lameness; and determine the The information enables the cost of disease. Copies of the submission(s) may be Government to ensure that loan funds obtained by calling (202) 720–6746. Description of Respondents: Farms; are expended and advanced by RUS to State, Local, or Tribal Government. An agency may not conduct or electric borrowers only for US approved Number of Respondents: 5,468. sponsor a collection of information budget processes and amounts. Under Frequency of Responses: Reporting: unless the collection of information RUS loan contracts, advances are made On occasion; Monthly. displays a currently valid OMB control to borrowers as they need funds for their Total Burden Hours: 10,454. number and the agency informs previously authorized construction potential persons who are to respond to projects. The Government’s security Animal and Plant Health Inspection the collection of information that such would be impaired if it could not Service persons are not required to respond to determine with assurance that loan fund Title: Tuberculosis. the collection of information unless it advances and expenditures were being OMB Control Number: 0579–0084.

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Summary of Collection: Title 21 including recruitment and retention of correspondence with the borrowers is U.S.C. authorizes the Secretary of qualified nutrition staff. FNS has properly directed; documents submitted Agriculture to prevent, control and executed a cooperative agreement with to RUS, such as loan applications and eliminate domestic diseases such as the Association of State and Territorial requests for the advance of loan funds, tuberculosis, as well as to take actions Public Health Nutrition Directors are signed by the appropriate officials to prevent and to manage exotic (ASTPHND) to collect, process, and regulatory and administrative diseases such as hog cholera, African aggregate, analyze and report the survey obligations are met to provide swine fever, and other foreign diseases. data. Legislative authority for the information to persons directly involved The Animal and Plant Health Inspection Survey of State Public Health Nutrition with carrying out Department programs Service (APHIS) oversees the Workforce is provided under section and activities. Cooperative State-Federal Bovine 17(g) of the Child Nutrition Act of 1966 Description of Respondents: Not-for- Tuberculosis Eradication Program to as amended through Pub. L. 105–24. profit institutions; business or other for- eliminate bovine tuberculosis, a serious The FNS will collect information from profit. disease of livestock. The disease also the public health nutrition workforce Number of Respondents: 905. affects man through contacts with using a survey which will be distributed Frequency of Responses: Reporting: infected animals or their byproducts. by mail, fax, email or hand delivered to On occasion. APHIS works with State and other their worksite. Total Burden Hours: 226. federal organizations to conduct Need and use of the Information: FNS epidemiologic investigations to locate will collect information to assist with Food and Nutrition Service bovine tuberculosis and provide a workforce recruitment and retention; Title: 7 CFR Part 215 SMP Special means of controlling it. Information is identify trends in the experience and Milk Program for Children. collected using a variety of forms to preparation of the public health OMB Control Number: 0584–0005. properly identify, test, and transport nutrition workforce; compare current Summary of Collection: animals that are infected with or qualifications of WIC nutrition staff Responsibility for administering the exposed to tuberculosis. with the workforce resources needed to Special Milk Program (SMP) at the Need and Use of the Information: carry out the program at the state and Federal level has been assigned to the APHIS will collect information to search local level; and identify training and Food and Nutrition Service (FNS). 7 for infected herds, maintain development needs of WIC personnel in CFR part 215 legislation requires that identification of livestock, monitor relation to their job responsibilities, SMP operations within the States be deficiencies in identification of animals credentials, education, and tenure. The administered by State Agencies (SAs). for movement, and monitor program information is needed to assess efforts to Section 2 of the Child Nutrition Act sets deficiencies in suspicious and infected recruit and retain public health forth the intent of the Congress as being herds. Continued collection of this nutritionists to staff the WIC Program at ‘‘to safeguard the health and well-being information is essential for program the state and local levels. Recruitment of the Nation’s children, and to progress aimed at controlling and and retention of qualified staff is encourage the domestic consumption of eradicating bovine tuberculosis. essential to maintaining the quality of agricultural and other foods by assisting Description of Respondents: Business nutrition services by providing an the States, through grants-in-aid and or other for-profit; Farms; State, Local, environment where staff is other means, to meet effectively the or Tribal Government. appropriately selected, trained, and nutritional needs of our children.’’ The Number of Respondents: 5,031. supported. SMP is a performance-funded program. Frequency of Responses: Reporting: Description of Respondents: State, For each half-pint of milk served free to On occasion; Annually. Local or Tribal Government. Total Burden Hours: 17,372. an eligible child, in a School Food Number of Respondents: 8055. Authority (SFA) operating the SMP in Frequency of Responses: Food and Nutrition Service its pricing mode, the SA reimburses the Recordkeeping; Reporting: Other; one- SFA for the cost of obtaining the milk. Title: Survey of State Public Health time. and Community Nutrition Workforce. Total Burden Hours: 3233.4. For each half-pint of milk served to a OMB Control Number: 0584–NEW. paying child in a pricing program, or to Summary of Collection: The Special Rural Utilities Service any child in a nonpricing program, the Supplemental Nutrition Program for Title: Request for Mail List Data. SA reimburses the SFA at a rate set by Women, Infants, and Children (WIC) OMB Control Number: 0572–0051. statute. The SA obtains from FNS the was created by the Congress in 1972 to Summary of Collection: The Rural Federal funds necessary to make SMP provide nutritious food, nutrition Utilities Service (RUS) manages loan reimbursement payments. FNS pays the education, and health care referrals to programs in accordance with the Rural SA at the same rates at which the SA meet the special nutritional needs of Electrification Act of 1936, 7 U.S.C. 901 reimburses SFAs. FNS will collect low-income pregnant, postpartum, and et seq., as amended, (Re Act) and as information using Form FNS–10. breastfeeding women, and their infants prescribed by Office of Management and Need and use of the Information: FNS and children (up to age five) who are at Budget (OMB) Circular A–129, Policies will collect information to compute the nutritional risk. The program seeks to for Federal Credit Programs and Non-tax amount of Federal SMP funds due the meet the special nutritional needs to Receivables. RUS Form 87 is used for SA under the performace-funding these individuals and to prevent health the RUS electric and telephone formula; analyze and evaluate the and development problems associated programs to obtain the name and results of program operations within with poor nutrition during pregnancy addresses of the borrowers’ officials each State and nationwide; respond to and early childhood. The Food and with whom RUS must communicate data requests from the Congress, OMB, Nutrition Service (FNS), which directly in order to administer the advocacy groups and the general public; administers the WIC Program, needs agency’s lending programs. RUS will develop budget projections of the workforce information to provide collect information using form RUS 87. amount of Federal funds needed to pay technical assistance to improve state Need and use of the Information: RUS SMP program benefits; and regulate the agency administrative systems, will collect information to assure that flow of Federal funds to SA. Without

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Annually. committee of representatives from each The forms covered under this Total Burden Hours: 830,184. commodity industry. information collection will continue to Nancy B. Sternberg, The information collection require the minimum information Departmental Clearance Officer. requirements in this request are necessary to effectively carry out the [FR Doc. 99–16534 Filed 6–28–99; 8:45 am] essential to carry out the intent of the requirements of the orders, and their use Act, to provide the respondents the type is necessary to fulfill the intent of the BILLING CODE 3410±01±M of service they request, and to Act as expressed in the orders. administer the marketing order The information collected is used DEPARTMENT OF AGRICULTURE programs. Under the Act, orders may only by authorized employees of the authorize the following: production and committees/boards and authorized Agricultural Marketing Service marketing research, including paid representatives of the USDA, including advertising, volume regulations, AMS, Fruit and Vegetable Programs’ [Docket No. FV99±902±1 NC] reserves, including pools and producer regional and headquarter’s staff. Notice of Request for Approval of a allotments, container regulations, and Authorized committee/board employees Generic Information Collection quality control. Production and are the primary users of the information marketing research activities are paid and AMS is the secondary user. AGENCY: Agricultural Marketing Service, for by assessments levied on handlers Estimate of Burden: Public reporting USDA. regulated under the marketing orders. burden for this collection of information ACTION: Proposed collection; comments Under the marketing orders, is estimated to average .37 hours per requested. producers and handlers are nominated response. by their respective peers. These Respondents: Producers, handlers and SUMMARY: In accordance with the nominees then serve as representatives processors. Paperwork Reduction Act of 1995 (44 on their respective committees/boards Estimated Number of Respondents: U.S.C. Chapter 35), this notice and must file nomination forms with the 3,983. announces the Agricultural Marketing Secretary. Estimated Number of Responses per Service’s (AMS) intention to request The respective committees/boards Respondent: 2.75. approval for a generic information have developed forms as a means for Estimated Total Annual Burden on collection that will combine several persons to file required information Respondents: 10,940 hours. individual marketing order information with the committees/boards relating to Comments are invited on: (1) Whether collections into one. supplies, shipments, and dispositions of the proposed collection of information their respective commodities, and other is necessary for the proper performance DATES: Comments on this notice must be information needed to effectively carry of the functions of the agency, including received by August 30, 1999, to be out the purpose of the AMAA and their whether the information will have assured of consideration. respective orders, and these forms are practical utility; (2) the accuracy of the ADDITIONAL INFORMATION OR COMMENTS: utilized accordingly. agency’s estimate of the burden of the Contact Valerie L. Emmer-Scott, Formal rulemaking amendments to proposed collection of information, Marketing Specialist, Marketing Order the orders must be approved in including the validity of methodology Administration Branch, Fruit and referenda conducted by the Secretary. and assumptions used; (3) ways to Vegetable Programs, AMS, USDA, P.O. Also, the Secretary may conduct a enhance the quality, utility, and clarity Box 96456, room 2525–S, Washington, continuance referendum to determine of the information to be collected; and D.C. 20090–6456; Telephone: (202) 205– industry support for continuation of (4) ways to minimize the burden of the 2829 or Fax: (202) 720–5698, or E-mail: these marketing order programs. collection of information on those who [email protected]. Handlers are asked to sign an agreement are to respond, including through the SUPPLEMENTARY INFORMATION: to indicate their willingness to abide by use of appropriate automated, Title: Marketing Orders for Fruit the provisions of the respective orders electronic, mechanical, or other Crops. whenever an order is amended. technological collection techniques or OMB Number: Number not assigned This information collection will other forms of information technology. yet. combine: OMB #0581–0068, Oranges Comments should reference this Expiration Date of Approval: Three and Grapefruit Grown in the Lower Rio docket number and the appropriate years from date of approval. Grande Valley in Texas, Marketing marketing order, and be mailed to the Type of Request: Approval for a Order No. 906; OMB #0581–0091, Limes Docket Clerk, Fruit and Vegetable generic information collection. Grown in Florida, Marketing Order No. Programs, AMS, USDA, P.O. Box 96456, Abstract: Marketing order programs 911; OMB # 0581–0078, Avocados room 2525–S, Washington, D.C. 20090– provide an opportunity for producers of Grown in South Florida, Marketing 6456; Fax: (202) 720–5698; or E-mail: fresh fruit, vegetables, and specialty Order No. 915; OMB #0581–0072, [email protected]. crops, in specified production areas, to Nectarines Grown in California, Comments should reference the docket work together to solve marketing Marketing Order No. 916; OMB #0581– number and the date and page number problems that cannot be solved 0149, Kiwifruit Grown in California, of this issue of the Federal Register. All individually. Order regulations help Marketing Order No. 920; OMB #0581– comments received will be available for ensure adequate supplies of high quality 0133, Sweet Cherries Grown in public inspection in the Office of the products for consumers and adequate Designated Counties in Washington, Docket Clerk during regular USDA returns to producers. Under the Marketing Order No. 923; OMB #0581– business hours at 14th and

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Independence Avenue, S.W., Comments will also be posted on the make it consistent with the intent of the Washington, D.C., room 2525–South Internet at www.ams.usda.gov/poultry/ description. Building. standards. Specifications for packaging materials All responses to this notice will be FOR FURTHER INFORMATION CONTACT: are provided as examples of quality summarized and included in the request Douglas C. Bailey at (202) 720–3506. packaging, but do not appear to be of for OMB approval. All comments will SUPPLEMENTARY INFORMATION: The any recognized value to today’s become a matter of public record. Agricultural Marketing Act of 1946 industry. Therefore, AMS is proposing Dated: June 17, 1999. (AMA), as amended (7 U.S.C. 1621 et to delete this section entirely. The complete text of the proposed Robert C. Keeney, seq.) authorizes the establishment of U.S. standards and grades for shell eggs. revisions to the grade standards can be Deputy Administrator, Fruit and Vegetable obtained from the Internet at Programs. These standards and grades are maintained by AMS for use as a www.ams.usda.gov/poultry/standards. [FR Doc. 99–16509 Filed 6–28–99; 8:45 am] A copy can also be obtained by writing BILLING CODE 3410±02±P common language of trade among those buying and selling shell eggs. The to the address above, calling (202) 720– standards are used by shell egg 3506, faxing (202) 690–0641, or e- mailing [email protected]. DEPARTMENT OF AGRICULTURE processors, wholesale traders, institutions, Federal and State Authority: 7 U.S.C. 1621–1627. Agricultural Marketing Service governments, and retailers that sell eggs Dated: June 23, 1999. [PY±99±005] to the ultimate consumer. AMS also Enrique E. Figueroa, administers a voluntary grading Administrator, Agricultural Marketing United States Grade Standards for program for shell eggs under the AMA. Service. Shell Eggs Any interested person, commercial firm, [FR Doc. 99–16451 Filed 6–28–99; 8:45 am] or government agency can, for a fee, BILLING CODE 3410±02±P AGENCY: Agricultural Marketing Service, have AMS monitor processing USDA. operations and verify that the grade and ACTION: Notice. size of eggs being packaged meet the DEPARTMENT OF AGRICULTURE requirements of the U.S. grade standards SUMMARY: The Agricultural Marketing and weight classes. Eggs meeting the Animal and Plant Health Inspection Service (AMS) is soliciting comments requirements can be packaged into Service on its proposal to change the United cartons or other containers bearing the [Docket No. 99±045±1] States Grade Standards for Shell Eggs. USDA grade shield. Specifically, AMS proposes to delete the Currently, the definition of ‘‘Loss’’ Draft Guideline on Good Clinical general term ‘‘Inedible eggs’’ and its eggs includes inedible eggs. There is Practices, VICH Topic GL9 definition, revise the definition of the also a separate definition for ‘‘Inedible general term ‘‘Loss’’ eggs by including eggs’’ that includes examples of such AGENCY: Animal and Plant Health examples of inedible eggs, revise the eggs. When applying the grade Inspection Service, USDA. term descriptive of an A quality white, tolerances of the standard, there is no ACTION: Notice of availability and and delete specifications for packaging need to separately identify inedible eggs request for comments. materials. These changes would from loss eggs. Therefore, AMS simplify and clarify the terminology proposes to delete the general term SUMMARY: We are requesting comments used and would remove information ‘‘Inedible eggs’’ and to add the examples on a draft document titled ‘‘Guideline that is no longer of value to the of inedible eggs to the definition of on Good Clinical Practices’’ that has industry. ‘‘Loss’’ eggs. This would clarify that been developed by the International The current United States Grade eggs with rots, green whites, stuck Cooperation on Harmonization of Standards for Shell Eggs, along with the yolks, blood rings, or free yolk in the Technical Requirements for Registration proposed changes, are available by white are to be classed as ‘‘Loss’’ eggs of Veterinary Medicinal Products contacting the address below or by when applying grade tolerances. (VICH). The guideline is intended to be visiting the AMS Internet site at: Candling is the process of using light an international ethical and scientific www.ams.usda.gov/poultry/standards. to help determine the quality of an egg. quality standard for designing, DATES: Comments must be received on Automated mass scanning equipment is conducting, monitoring, recording, or before August 30, 1999. used by most egg packers to detect eggs auditing, analyzing, and reporting ADDRESSES: Send written comments to with cracked shells and interior defects. clinical studies evaluating veterinary Douglas C. Bailey, Chief, Hand-candling is done to spot-check products. Because the guideline would Standardization Branch, Poultry and determine accuracy in grading. The apply to veterinary biological products Programs, AMS, USDA, Room 3944- breakout method of determining interior regulated by the Animal and Plant South Bldg., STOP 0259, 1400 quality enables graders and students to Health Inspection Service under the Independence Avenue, SW, calibrate their grading skills against an Virus-Serum-Toxin Act, we are Washington, DC 20250–0259. objective standard. In this method, a requesting comments on its provisions Comments may also be faxed to (202) micrometer measures the height of the so that we may include any relevant 690–0941. thick white of a broken-out egg and public input on the draft in the State that your comments refer to gives a direct reading in Haugh units. Agency’s comments to the VICH Notice number PY–99–005 and include Currently, there is a Haugh unit range of Steering Committee. the date and page number of this issue ‘‘60 to 72’’ for A quality and ‘‘72 or DATES: To ensure that your comments of the Federal Register. higher’’ for AA quality. Because these are considered, we must receive them Comments received may be inspected values appear to overlap, AMS proposes by August 13, 1999. at the above location between 8:00 a.m. to revise the description for A quality to ADDRESSES: Please send your comment and 4:30 p.m. Eastern Time, Monday read ‘‘60 up to, but not including, 72.’’ and three copies to: Docket No. 99–045– through Friday, except holidays. This would clarify the wording and 1, Regulatory Analysis and

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Development, PPD, APHIS, Suite 3C03, Mondiale de L’Industrie de la Sante approaches satisfy the requirements of 4700 River Road Unit 118, Riverdale, Animale) provides the secretarial and applicable regulatory requirements. MD 20737–1238. Please state that your administrative support for VICH Ultimately, APHIS intends to adopt comment refers to Docket No. 99–045– activities. the VICH Steering Committee’s final 1. The United States Government is guidance document and publish it for You may read any comments that we represented in VICH by the Food and use by U.S. veterinary biologics receive on this docket in our reading Drug Administration (FDA) and the licensees, permittees, and applicants. In room. The reading room is located in Animal and Plant Health Inspection addition, APHIS intends to use it as a room 1141 of the USDA South Building, Service (APHIS). The FDA provides basis for the approval of shipments of 14th Street and Independence Avenue, expertise regarding veterinary drugs, veterinary biological products for SW., Washington, DC. Normal reading while APHIS fills a corresponding role experimental use under 9 CFR 103.3. room hours are 8 a.m. to 4:30 p.m., for veterinary biological products. As APHIS may also use the final guidance Monday through Friday, except VICH members, APHIS and FDA document as the basis for proposed holidays. To be sure someone is there to participate in efforts to enhance additions or amendments to its help you, please call (202) 690–2817 harmonization and have expressed their regulations in 9 CFR subchapter E before coming. commitment to seeking scientifically (Viruses, Serums, Toxins, and APHIS documents published in the based harmonized technical Analogous Products; Organisms and Federal Register, and related requirements for the development of Vectors). Given that we anticipate that information, including the names of veterinary drugs and biological the applicable provisions of ‘‘Guideline organizations and individuals who have products. One of the goals of on Good Clinical Practices’’ will be commented on APHIS rules, are harmonization is to identify and reduce introduced into APHIS’ veterinary available on the Internet at http:// the differences in technical biologics regulatory program in the www.aphis.usda.gov/ppd/rad/ requirements for veterinary medicines future, we encourage your comments on webrepor.html. and biologics among regulatory agencies the draft version of those guidelines. You may request a copy of the draft in different countries. Authority: 21 U.S.C. 151 et seq. ‘‘Guideline on Good Clinical Practices’’ The draft document that is the subject by writing to Dr. Lawrence A. Elsken, Done in Washington, DC, this 24th day of of this notice, ‘‘Guideline on Good June 1999. USDA, APHIS, VS, CVB–LPD, 510 Clinical Practices’’ (VICH Topic GL9), Craig A. Reed, South 17th Street, Suite 104, Ames, IA has been made available by the VICH 50010, or by calling (515) 232–5785. Steering Committee for comments by Administrator, Animal and Plant Health Inspection Service. The draft guideline is also available on interested parties. The guideline is the Internet at http:// intended to be an international ethical [FR Doc. 99–16500 Filed 6–28–99; 8:45 am] www.aphis.usda.gov/vs/cvb/lpd/ and scientific quality standard for BILLING CODE 3410±34±P notices. designing, conducting, monitoring, FOR FURTHER INFORMATION CONTACT: For recording, auditing, analyzing, and DEPARTMENT OF AGRICULTURE information regarding VICH, contact Dr. reporting clinical studies evaluating David A. Espeseth, Special Assistant to veterinary products. Because the Farm Service Agency the Deputy Administrator, Veterinary guideline would apply to veterinary Services, Center for Veterinary biological products regulated by APHIS U.S. Warehouse Act Fees Biologics, Licensing and Policy under the Virus-Serum-Toxin Act— Development, VS, APHIS, 4700 River particularly with regard to prelicensing AGENCY: Farm Service Agency, USDA. Road Unit 148, Riverdale, MD 20737– field studies testing the safety or ACTION: Notice. 1231; phone (301) 734–8245. For efficacy of veterinary biological information regarding the draft products—we are requesting comments SUMMARY: This notice publishes a guideline, contact Dr. Lawrence A. on its provisions so that we may include schedule increasing the annual Elsken, USDA, APHIS, VS, CVB–LPD, any relevant public input on the draft in operational fee warehouse operators are 510 South 17th Street, Suite 104, Ames, the Agency’s comments to the VICH charged under the United States IA 50010; phone (515) 232–5785. Steering Committee. Warehouse Act (USWA). This action is SUPPLEMENTARY INFORMATION: The The draft document reflects current needed to increase the amount of International Cooperation on APHIS thinking on the design and revenue generated to recover Harmonization of Technical conduct of all field studies testing the operational costs projected for Requirements for the Registration of safety or efficacy of veterinary biological operations under the USWA in fiscal Veterinary Medicinal Products (VICH) is products in the target species. (The draft year 2000. This notice does not change a unique project that brings together the guideline refers to such studies as any of the other various license or regulatory authorities of the European ‘‘clinical studies.’’) Once a final draft of inspection fees charged under the Union, Japan, and the United States and ‘‘Guideline on Good Clinical Practices’’ USWA. representatives from the animal health has been approved, the guideline will, industry in the three regions to in accordance with the VICH process, be EFFECTIVE DATE: October 1, 1999. harmonize technical requirements for recommended for adoption by the FOR FURTHER INFORMATION CONTACT: veterinary products (both drugs and regulatory bodies of the European Steve Mikkelsen, Deputy Director, biologics). Regulatory authorities and Union, Japan, and the United States. As Warehouse and Inventory Division, industry experts from Australia and with all VICH documents, the Farm Service Agency, United States New Zealand participate in an observer guidelines, once finalized, will not Department of Agriculture, 1400 capacity. The VICH initiative is create or confer any rights for or on any Independence Avenue, SW, STOP 0553, conducted under the auspices of the person and will not operate to bind Washington, DC 20250–0553, telephone International Office of Epizootics. The APHIS or the public. Further, the VICH (202) 720–2121 FAX: (202) 690–3123, World Federation of the Animal Health guidelines specifically provide for the E–Mail: Industry (COMISA, the Confederation use of alternative approaches if those [email protected].

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Background year 2000. The fiscal year 2000 fee USWA Schedule for License, Inspection adjustment reflects a 2.0 percent and Annual Operational Fees To Be The Secretary has the authority to increase in the annual fees. No increase Paid by Warehouse Operators license public warehouses and assess is being made in other license or Warehouse and Service License Fees warehouse operators fees under the inspection fees charged under the United States Warehouse Act (USWA) USWA. The fee for original issuance, (7 U.S.C. 241 et seq). Warehouse reissuance, or duplication of a license operators licensed under the USWA USWA fees vary by the type of storage for cotton, grain, tobacco, wool, dry understand that fees will be imposed to warehouse and were last amended beans, nut, syrup, and cottonseed is $80 cover the costs of the program. effective October 1, 1998, (63 FR 35186, for each license issued. Specifically, section 10 of the USWA (7 June 29, 1998). None of last year’s The fee charged to license individuals U.S.C 249) mandates the imposition of increases for any particular type of to inspect, sample, grade, classify, or fees for USWA licensed warehouses. warehouse exceeded 7.5 percent and weigh commodities is $35 for each The USWA provides for licensing varied based on FSA’s direct costs with service license issued. warehouses, for examining licensed respect to warehouse examinations for warehouses, and for the collection of that type of warehouse. The regulations Warehouse Annual and Inspection Fees fees to sustain the USWA warehouse issued under the USWA, codified at 7 These fees are shown in the following licensing and examination programs. In CFR Parts 735 through 743, provide that tables by agricultural product. keeping with that responsibility the fees charged warehouse operators under Inspection fees are assessed for each Department of Agriculture’s Farm the USWA could be adjusted annually. original examination or inspection, or Service Agency (FSA) is raising USWA The schedule below sets out all of the reexamination or reinspection for annual operational fees charged to relevant fees and charges for licensing modification of an existing license. licensed warehouses in order to assure and examination and reflects the Annual fees are assessed independently the recovery of operational costs increased annual fees noted above. of inspection fees and of the license fees projected for USWA activities in fiscal set forth in the preceding paragraph.

COTTON [In bales]

Annual fee for Annual fee for each warehouse each warehouse Licensed capacity location with a location without a CCC storage CCC storage agreement agreement

1±20,000 ...... $600 $1,095 20,001±40,000 ...... 785 1,430 40,001±60,000 ...... 965 1,755 60,001±80,000 ...... 1,210 2,200 80,001±100,000 ...... 1,510 2,745 100,001±120,000 ...... 1,810 3,290 120,001±140,000 ...... 2,110 3,840 140,001±160,000 ...... 2,410 4,385 160,001+ ...... * 2,410 ** 4,385 * Plus $60 per 5,000 bale capacity above 160,000 bales or fraction thereof. ** Plus $110 per 5,000 bale capacity above 160,000 bales or fraction thereof. Inspection fees will be charged at the rate of $80 for each 1,000 bales of licensed capacity, or fraction thereof, but in no case less than $160 nor more than $1,600.

GRAIN [In bushels]

Annual fee for Annual fee for each warehouse each warehouse Licensed capacity location with a location without a CCC storage CCC storage agreement agreement

1±150,000 ...... $160 $285 150,001±250,000 ...... 315 575 250,001±500,000 ...... 470 850 500,001±750,000 ...... 635 1,150 750,001±1,000,000 ...... 785 1,430 1,000,001±1,200,000 ...... 945 1,715 1,200,001±l,500,000 ...... 1,095 1,995 1,500,001±2,000,000 ...... 1,255 2,280 2,000,001±2,500,000 ...... 1,415 2,570 2,500,001±5,000,000 ...... 1,565 2,845 5,000,001±7,500,000 ...... 1,730 3,140 7,500,001±10,000,000 ...... 1,885 3,430 10,000,001+ ...... * 1,885 ** 3,430 * Plus $50 per million bushels above 10,000,000 or fraction thereof.

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** Plus $90 per million bushels above 10,000,000 or fraction thereof. Inspection fees will be charged at the rate of $16 for each 10,000 bushels of licensed capacity, or fraction thereof, but in no case less than $160 nor more than $1,600.

DRY BEANS [In hundredweight]

Licensed capacity Annual fee

100±90,000 ...... $785 90,001±150,000 ...... 1,095 150,001±300,000 ...... 1,415 300,001±450,000 ...... 1,730 450,001±600,000 ...... 2,040 600,001±720,000 ...... 2,350 720,001±900,000 ...... 2,670 900,001±1,200,000 ...... 2,985 1,200,001±1,500,000 ...... 3,290 1,500,001±3,000,000 ...... 3,605 3,000,001+ ...... 3,920

Inspection fees will be charged at the Signed at Washington, DC, on June 21, 25th Street, Ogden, UT 84401, Phone rate of $16 for each 1,000 1999. (801) 625–5274. hundredweight of licensed capacity, or Keith Kelly, SUPPLEMENTARY INFORMATION: The fraction thereof, but in no case less than Administrator, Farm Service Agency. administrative appeal procedures 36 $160 nor more than $1,600. [FR Doc. 99–16434 Filed 6–28–99; 8:45 am] CFR 215 and 36 CFR 217, of the Forest BILLING CODE 3410±05±P Service require publication of legal Tobacco and Wool notice in a newspaper of general Annual fee: $16 for each 100,000 circulation of all decisions subject to DEPARTMENT OF AGRICULTURE pounds of licensed capacity, or fraction appeal. This newspaper publication of notices of decisions is in additions to thereof, but in no case less than $630. Forest Service direct notice to those who have Inspection fee: $16 for each 100,000 requested notice in writing and to those pounds of licensed capacity, or fraction Newspapers Used for Publication of Legal Notice of Appealable Decisions who requested notice in writing and to thereof, but in no case less than $160 those known to be interested and nor more than $1,600. for the Intermountain Region; Utah, Idaho, Nevada, and Wyoming affected by a specific decision. Nuts The legal notice is to identify: The AGENCY: Forest Service, USDA. decision by title and subject matter; the Annual fee: $14 for each 100 short ACTION: Notice. date of the decision; the name and title tons of licensed capacity, or fraction of the official making the decision; and thereof, but in no case less than $630. SUMMARY: This notice lists the how to obtain copies of the decision. In Inspection fee: $8 for each 100 short newspapers that will be used by all additions, the notice is to state the date tons of licensed capacity, or fraction ranger districts, forests, and the the appeal period begins which is the Regional Office of the Intermountain thereof, of peanuts and $14 for each day following publication of the notice. Region to publish legal notice of all 1,000 hundredweight, or fraction The timeframe for appeal shall be decisions subject to appeal under 36 thereof, of other nuts, but in no case less based on the date of publication of the CFR 215 and 36 CFR 217. The intended notice in the first (principal) newspaper than $160 nor more than $1,600. effect of this action is to inform listed for each unit. Syrup interested members of the public which The newspapers to be used are as newspapers will be used to publish follows: Annual fee: $6 for each 5,000 gallons legal notices of decisions, thereby of licensed capacity, or fraction thereof, allowing them to receive constructive Regional Forester, Intermountain but in no case less than $630. notice of a decision, to provide clear Region Inspection fee: $6 for each 5,000 evidence of timely notice, and to For decisions made by the Regional gallons of licensed capacity, or fraction achieve consistency in administering Forester affecting National Forests thereof, but in no case less than $160 the appeals process. in Idaho: nor more than $1,600. DATES: Publication of legal notices in The Idaho Statesman, Boise, Idaho the listed newspapers will begin with For decisions made by the Regional Cottonseed decisions subject to appeal that are Forester affecting National Forests made on or after June 1, 1999. The list Annual fee: $16 for each 1,000 short in Nevada: of newspapers will remain in effect tons of licensed capacity, or fraction The Reno Gazette-Journal, Reno, until January 1, 2000 when another thereof, but in no case less than $630. Nevada notice will be published in the Federal For decisions made by the Regional Inspection fee: $16 for each 1,000 Register. Forester affecting National Forests short tons of licensed capacity, or FOR FURTHER INFORMATION CONTACT: in Wyoming: fraction thereof, but in no case less than Donald W. Murphy, Regional Appeals Casper Star-Tribune, Casper, $160 nor more than $1,600. Manager, Intermountain Region, 324 Wyoming

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For decisions made by the Regional Idaho State Journal, Pocatello, Idaho Elko Daily Free Press, Elko, Nevada Forester affecting National Forests Soda Springs District Ranger decisions; Santa Rosa District Ranger decisions: in Utah: Idaho State Journal, Pocatello, Idaho Humboldt Sun, Winnemucca, Nevada Salt Lake Tribune, Salt Lack City, Montipelier District Ranger decisions; Manti-Lasal National Forest Utah Idaho State Journal, Pocatello, Idaho If the decisions made by the Regional Westside District Ranger decisions; Manti-LaSal Forest Supervisor Forester affects all National Forests Idaho State Journal, Pocatello, Idaho decisions: in the Intermountain Region, it will Sun Advocate, Price, Utah appear in: Dixie National Forest Sampete District Ranger decisions: Salt Lake Tribune, Salt Lack City, Dixie Forest Supervisor decisions; The Pyramid, Mt. Pleasant, Utah Utah The Daily Spectrum, St. George, Utah Ferron District Ranger decisions: Pine Valley District Ranger decisions; Emery County Progress, Castle Dale, Ashley National Forest The Daily Spectrum, St. George, Utah Utah Ashley forest Supervisors decisions: Cedar City District Ranger decisions; Price District Ranger decisions: Vernal Express, Vernal, Utah The Daily Spectrum, St. George, Utah Sun Advocate, Price, Utah Vernal District Ranger decisions: Power District Ranger decisions; Moab District Ranger decisions: Vernal Express, Vernal, Utah The Daily Spectrum, St. George, Utah The Times Independent, Moab, Utah Flaming Gorge District Ranger for Escalante District Ranger decisions; Monticello District Ranger decisions: decisions affecting Wyoming: The Daily Spectrum, St. George, Utah The San Juan Record, Monticello, Casper Star-Tribune, Casper, Teasdale District Ranger decisions; Utah Wyoming The Daily Spectrum, St. George, Utah Flaming Gorge District Ranger for Payette National Forest decisions affecting Utah: Fishlake National Forest Payette Forest Supervisor decisions: Vernal Express, Vernal, Utah Fishlake Forest Supervisor decisions; Idaho Statesman, Boise, Idaho Roosevelt and Duchesne District Ranger Richfield Reaper, Richfield, Utah Weiser District Ranger decisions: Decisions: Loa District Ranger decisions; Siganl American, Weiser, Idaho Uintah Basin Standard, Roosevelt, Richfield Reaper, Richfield, Utah Council District Ranger decisions: Utah Richfield District Ranger decisions; Council Record, Council, Idaho Boise National Forest Richfield Reaper, Richfield, Utah New Meadows, McCall, and Krassel Boise Forest Supervisor decisions: Beaver District Ranger decisions; District Ranger decisions: The Idaho Statesman, Boise, Idaho Richfield Reaper, Beaver, Utah Star News, McCall, Idaho Fillmore District Ranger decisions; Mountain Home District Ranger Salmon and Challis National Forests decisions: Richfield Reaper, Fillmore, Utah Salmon Forest Supervisor decisions: The Idaho Statesman, Boise, Idaho Humboldt-Toiyabe National Forests Idaho City District Ranger decisions: The Recorder-Herald, Salmon Idaho The Idaho Statesman, Boise, Idaho Humboldt-Toiyabe Forest Supervisor Cobalt District Ranger decisions: Cascade District Ranger decisions: decisions for the Humboldt portion: The Recorder-Herald, Salmon, Idaho The Advocate. Cascade, Idaho Elko Daily Free Press, Elko, Nevada North Fork District Ranger decisions: Lowman District Ranger decisions: Humboldt-Toiyabe Forest Supervisor The Recorder-Herald, Salmon, Idaho The Idaho City World, Idaho City, decisions for the Toiyabe portion: Leadore District Ranger decisions: Idaho Reno Gazette-Journal, Reno, Nevada The Recorder-Herald, Salmon, Idaho Emmett District Ranger decisions: Sierra Ecosystem Coordination Center Salmon District Ranger decisions: The Messenger-Index, Emmett, Idaho (SECO): The Recorder-Herald, Salmon, Idaho Bridger-Teton National Forest Carson District Ranger decisions: Challis Forest Supervisor decisions: Reno Gazette-Journal, Reno, Nevada The Challis Messenger, Challis, Idaho Bridger-Teton Forest Supervisor Bridgeport District Ranger, decisions: Middle Fork District Ranger decisions: decisions: The Review-Herald, Mammoth Lakes, The Challis Messenger, Challis, Idaho Casper Star-Tribune, Casper, California Challis District Ranger decisions: Wyoming Spring Mountains National Recreation The Challis Messenger, Challis, Idaho Jackson District Ranger decisions; Area Ecosystem (SMNRAE): Yankee Fork District Ranger decisions: Casper Star-Tribune, Casper, Spring Mountain National Recreation The Challis Messenger, Challis, Idaho Wyoming Area District Ranger decisions: Lost River District Range decisions: Buffalo District Ranger decisions; Las Vegas Review Journal, Las Vegas, The Challis Messenger, Challis, Idaho Casper Star-Tribune, Casper, Nevada Sawtooth National Forest Wyoming Central Nevada Ecosystem (CNECO): Big Piney District Ranger decisions; Sawtooth Forest Supervisor decisions: Casper Star-Tribune, Casper, Austin District Ranger decisions: Reno Gazette-Journal, Reno, Nevada The Times News, Twin Falls, Idaho Wyoming Burley District Ranger decisions: Pinedale District Ranger decisions; Tonopah District Ranger decisions: Casper Star-Tribune, Casper, Tonopah Times Bonanza-Goldfield Ogden Standard Examiner, Ogden, Wyoming News, Tonopah, Nevada Utah for those decisions on the Greys River District Ranger decisions; Ely District Ranger decisions: Burley District involving the Raft Casper Star-Tribune, Casper, Ely Daily Times, Ely, Nevada River Unit. Wyoming Northeast Nevada Ecosystem (NNECO): South Idaho Press, Burley, Idaho, for Kemmerer District Ranger decisions; Mountain City District Ranger decisions: decisions issued on the Idaho Casper Star-Tribune, Casper, Elko Daily Free Press, Elko, Nevada portions of the Burley District. Wyoming Ruby Mountains District Ranger Twin Falls District Ranger decisions: decisions: The Times News, Twin Falls, Idaho Caribou National Forest Elko Daily Free Press, Elko, Nevada Ketchum District Ranger decisions: Caribou Forest Supervisions decisions; Jarbidge District Range decisions: Wood River Journal, Hailey, Idaho

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Sawtooth National Recreation Area: SUMMARY: The Forest Service will Willamette Land and Resource Challis Messenger, Challis, Idaho prepare an environmental impact Management Plan as amended by the Fairfield District Ranger decisions: statement (EIS) on a proposal to thin 1994 Record of Decision for The Times News, Twin Falls, Idaho and regenerate forest stands, construct management of habitat for late- and reconstruct roads, decommission successional and old-growth forest Targhee National Forest and obliterate roads, restore and related species within the range of the Targhee Forest Supervisor decisions: maintain ecosystem function, and use Northern Spotted Owl. This project will The Post Register, Idaho Falls, Idaho prescribed fire within the Two Bee be guided by the recommendations in Dubois District Ranger decisions: project area in the Upper McKenzie the Upper McKenzie Watershed The Post Register, Idaho Falls, Idaho River drainage. The project area is about Analysis. Island Park District Ranger decisions: 60 miles east of Springfield/Eugene, and The decision-to-be-made will include The Post Register, Idaho Falls, Idaho is in portions of the Hackleman, Smith, whether and/or how much harvest Ashton District Ranger decisions: and Browder Creek drainages. The should occur, whether and/or which The Post Register, Idaho Falls, Idaho purpose and need for action is to activities should be accomplished to Palisaded District Ranger decisions: provide timber products from this area maintain or improve the ecosystem The Post Register, Idaho Falls, Idaho as part of the Willamette National Forest function such as prescribed burning of Teton Basin District Ranger decisions: annual harvest and to maintain and natural fuels, whether and/or how much The Post Register, Idaho Falls, Idaho restore ecosystem function. Harvest and road decommissioning, repair, Uinta National Forest regeneration would provide both short- obliteration, or construction should term and long-term benefits to society in occur, and whether and/or which Uinta Forest Supervisor decisions: the form of wood fiber and economic activities would be appropriate for The Daily Herald, Provo, Utah opportunity. The project is proposed for improvement of habitat for fish, Pleasant Grove District Ranger fiscal years 2001 and 2002. The wildlife, and plants. decisions: The project area includes all or The Daily Herald, Provo, Utah Willamette National Forest invites written comment on this proposal and portions of T13S, R6E, Sec 25; T13S, Heber District Ranger decisions: R7E, Sec 29, 30, 31, 32; T14S, R6E, Sec The Daily Herald, Provo, Utah and the scope of analysis. The agency will give notice of the full environmental 12, 13, 23, 24, 25–28, 34–36; T14S, R7E, Spanish Fork District Ranger decisions: Sec 5–8, 17–20, 29–31; T15S, R6E, Sec The Daily Herald, Provo, Utah analysis and decision making process for the proposal so interested and 1, 2, 11, 12; T14S, R7E, Sec 6. Wasatch-Cache National Forest affected people may participate and Preliminary issues have been contribute to the final decision. identified: landscape level pattern and Wasach-Cache Forest Supervisor vegetative diversity; stand health and DATES: Comments concerning the scope decisions: vigor; water quality; proposed of the analysis should be received in Salt Lake Tribune, Salt Lake City, endangered; threatened or sensitive writing by August 30, 1999. Utah species; heritage resources; big game Salt Lake District Ranger decisions: ADDRESSES: Send written comments to habitat; and recreational activities. Salt Lake Tribune, Salt Lake City, John Allen, District Ranger, McKenzie Alternatives to be considered will Utah Ranger District, McKenzie Bridge, OR include the no action alternative, plus Kamas District Ranger decisions: 97413. action alternatives that will be Salt Lake Tribune, Salt Lake City, FOR FURTHER INFORMATION CONTACT: developed in response to key issues. Utah Norm Michaels, TwoBee project leader, The action alternatives will include Evanston District Ranger decisions: McKenzie Ranger District, McKenzie various levels of timber harvest, Uintah County Herald, Evanston, Bridge, OR 97413, phone (541) 822– prescribed fire, road work, and other Wyoming 3381. activities which may be identified. Mountain View District Ranger SUPPLEMENTARY INFORMATION: The Initial scoping will begin in June decisions: USDA, Forest Service Proposed Action 1999. The public is invited to offer Uintah County Herald, Evanston, is to reintroduce natural fire through the suggestions and comments in writing. Wyoming prescribed burning of understory layers Comments received in response to this Ogden District Ranger decisions: in selected stands. Trees will be notice, including the names and Ogden Standard Examiner, Ogden, harvested through commercial thinning, addresses of those who comment, will Utah selection harvest, and regeneration be considered part of the public record Logan District Ranger decisions: harvest on an estimated 1,000 acres, on this proposal and will be available to Logan Herald Journal, Logan, Utah removing about 20 million board feet of public inspection. Comments submitted Dated: June 23, 1999. timber. There will be permanent roads anonymously will be accepted and Jack A. Blackwell, constructed and temporary roads considered; however, those who submit Regional Forester. constructed to access treatment units. anonymous comments will not have [FR Doc. 99–16478 Filed 6–28–99; 8:45 am] There will also be roads repaired and standing to appeal the subsequent BILLING CODE 3410±11±M decommissioned or obliterated. This decision under 36 CFR part 215. proposed action will continue to Additionally, pursuant to 7 CFR 1.27(d); develop opportunities for post/pole/ any person may request the agency to DEPARTMENT OF AGRICULTURE chip/firewood products from small- withhold a submission from the public sized trees; and develop habitat record by showing how the Freedom of TwoBee Landscape Management improvement projects for a variety of Information Act (FOIA) permits such Project, Willamette National Forest, wildlife, fish, and sensitive plant confidentiality may be granted in only Lane and Linn Counties, OR species. limited circumstances, such as to AGENCY: Forest Service, USDA. These activities will be consistent protect trade secrets. The Forest Service with the 1990 Final EIS for the will inform the requester of the agency’s ACTION: Notice of intent to prepare an Willamette National Forest Land and decision regarding the request for environmental impact statement. Resource Management Plan and the confidentiality, and where the request is

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34770 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices denied, the agency will return the The Forest Service is the lead agency. reclamation plans, which if submission and notify the requester that John Allen, District Ranger, is the implemented, will provide the best the comments may be resubmitted with Responsible Official. As the Responsible opportunity to meet the post- or without name and address within a Official, he will decide whether to reclamation crop production standards specified number of days. implement the project. The Responsible required by SMCRA. The draft EIS expected to be Official will document the decision and General Background on Proposed completed in April 2000. The comment reasons for the decision in the Record of Specifications period on the draft EIS will be 45 days Decision. That decision will be subject from the date of the Environmental to Forest Service Appeal Regulations (36 Section 515(b)(7) of the Surface Protection Agency publishes the notice CFR part 215). Mining Control and Reclamation Act of 1977 (SMCRA), Pub. L. 95–87, 30 U.S.C. of availability in the Federal Register, Dated: June 16, 1999. The Forest Service believes it is 1265(b)(7), authorizes the Secretary of John Allen, Agriculture to establish specifications important to give reviewers notice at District Ranger. this early stage of several court rulings for soil removal, storage, replacement, [FR Doc. 99–16474 Filed 6–28–99; 8:45 am] related to public participation in the and reconstruction for all prime environmental review process. First, BILLING CODE 3410±11±M farmlands, as identified in Section reviewers of a draft EIS must structure 507(b)(16) of the Act 30 U.S.C. their participation in the environmental 1257(b)(16), to be mined and reclaimed. DEPARTMENT OF AGRICULTURE This authority is delegated to NRCS in review of the proposal so that it is 7 CFR 2.61(a)(22). meaningful and alerts an agency to the Natural Resources Conservation NRCS determined that national reviewer’s position and contentions. Service specifications for soil handling must Vermont Yankee Nuclear Power Corp. v. allow for consideration of the wide Mining Specifications for Prime NRDC, 435 U.S. 519, 553 (1978). Also, diversity of soils, geology, climate, Farmland environmental objections that could be mining equipment, and crops in coal raised at the draft EIS stage but that are AGENCY: Natural Resources mining areas across the nation. These not raised until after completion of the Conservation Service, USDA. differences are recognized in the final EIS may be waived or dismissed by ACTION: Final notice. permanent program regulations the courts. City of Angoon v. Hodel, 803 published by the Office of Surface F.2d 1016, 1022 (9th Cir. 1986) and SUMMARY: The Natural Resources Mining Reclamation and Enforcement, Wisconsin Heritages, Inc. v. Harris, 490 Conservation Service (NRCS) of the U.S. Department of the Interior, F. Supp. 1334, 1338 (E.D. Wis. 1980). Department of Agriculture (USDA) is specifically in 30 CFR 823.4(a) which Because of these court rulings, it is very issuing specifications for soil handling states that ‘‘NRCS within each State important that those interested in this in relation to mining activities on prime shall establish specifications for prime proposed action participate by the close farmland, as provided for in the Surface farmland soil removal, storage, of the 45-day comment period so that Mining Control and Reclamation Act of replacement, and reconstruction.’’ substantive comments and objections 1977 (SMCRA). SMCRA requires the Accordingly, NRCS developed the are made available to the Forest Service Secretary of Agriculture to establish specifications set forth in this notice to at a time when it can meaningfully specifications for the removal, storage, ensure that local and site-specific consider them and respond to them in replacement, and reconstruction of factors are considered. Within the the final EIS. prime farmland soils. individual States, each NRCS State To assist the Forest Service in The Soil Conservation Service, now Conservationist will maintain and make identifying and considering issues and called the Natural Resources available a local version of these concerns on the proposed action, Conservation Service, first proposed specifications that incorporates the comments on the draft EIS should be as these specifications on February 19, general criteria set forth in these specific as possible. It is also helpful if 1988 (53 FR 4989). Beginning in 1997, specifications and any modifications comments refer to specific pages or NRCS and the Office of Surface Mining made for the respective State. To the chapters of the draft statement. (OSM) began reviewing and updating fullest extent possible, the basic Comments may also address the these specifications to be published as specifications and the applicable adequacy of the draft EIS or the merits a rule in the Federal Register. The modifications for individual States of the alternatives formulated and process included reviewing comments reflect the latest scientific information discussed in the statement. (Reviewers received from the 1988 Federal and experience regarding reclamation may wish to refer to the Council on Register, knowledge gained from field techniques. Environmental Quality Regulations for experiences since 1988, and field During the development of these implementing the procedural provisions reviews conducted with state regulatory specifications, NRCS’ national office of the National Environmental Policy authorities. provided certain general guidelines to Act at 40 CFR 1503.3 in addressing During the process of developing assist the NRCS State staffs in these points.) these specifications, we concluded that developing specifications at the local The final EIS is scheduled to be these specifications should be published level. These guidelines were set out in completed in November 2000. In the through a notice rather than a rule the advance notice of the proposed rule final EIS, the Forest Service is required because the specifications are not published on August 26, 1985 (50 FR to respond to comments and responses regulatory. These specifications serve as 34490). The first version of these received during the comment period guidelines to NRCS State proposed specifications was published that pertain to the environmental Conservationists for developing state- on February 19, 1988 (53 FR 4989). The consequences discussed in the draft EIS specific specifications and may assist specifications set forth in this notice and applicable laws, regulations, and the various states in developing state reflect comments received as a result of policies considered in making the standards. They will also help the the 1988 publication and include decision regarding the TwoBee mining industry, state regulatory technical revisions based on research Landscape Management Project. authority, and OSM develop results and improvements in

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34771 technology, which have occurred since specifications provide for specifications for the removal, storage, the 1988 publication. documentation of the characteristics of replacement and reconstruction of original soil, as required by SMCRA, 30 prime farmland soils. Discussion of These Specifications U.S.C. 1257 and 1258, and provide that Comment: This same commenter also The Soil Removal section provides the reconstructed soils should achieve argued that NRCS is not obligated to guidance on the identification of prime these characteristics to the greatest publish a national ‘‘rule’’ or guidance. farmland soils where a published survey extent possible. These specifications Response: We disagree. SMCRA at is not available and outlines how a soil provide guidance on how to utilize pre- Sec. 515(b)(7) requires the Secretary of scientist should proceed with mining information in the development Agriculture to publish specifications for identifying and sampling the soils to be of a reconstruction plan for successful removal, storage, replacement and removed for later replacement and reclamation. This guidance includes reconstruction of prime farmland soils. reconstruction. This section identifies provisions regarding rooting depths, We see these specifications as necessary needed documentation of field chemical and physical characteristics of guidance and an integral part of the conditions, including rooting zones; the soil horizons, and site conditions. process that will result in state specific surface relief; pre-mining drainage These specifications also include prime farmland specifications. To conditions (including subsurface); flood erosion control measures to ensure that reiterate, these specifications are not frequency; physical, chemical, and the reconstructed soils remain in place intended to be implemented as they morphological soil properties of the after reclamation. stand; they are to be used as a basis for soils to be removed; and the procedures NRCS has attached appendices A and developing state specific prime to be used in soil removal. The soil B for informational and compliance farmland specifications. removal specifications address the assistance. These appendices do not Comment: Commenters suggested that handling of the various soil horizons establish an obligation not otherwise the specifications should not use encountered on prime farmland and the imposed by other rules and regulations, binding language. procedures to be followed if substitute nor do they detract from obligations Response: We agree and the materials are to be used. NRCS imposed by other rules and regulations. mandatory or binding language has been recognizes that compaction of prime Appendix A contains information changed in this final document to better farmland soils during removal and describing the procedures for indicate the advisory nature of the reconstruction is a significant factor in determining the rooting zone of the pre- specifications. prime farmland reclamation and mined prime farmland soil. Appendix B Comment: Commenters questioned therefore, the specifications include contains information describing the whether specifications and performance guidance to avoid compaction problems. procedure and quantitative standards are both necessary. In the Soil Stockpiling section, NRCS specifications, which can be used to Response: The specifications are recognizes that stockpiling of soil evaluate the rooting zone of the required by the SMCRA to address soil horizons, while not the preferred reconstructed soil in relation to the pre- removal, storage, replacement and procedure for reclamation, is often mined soil. necessary because of weather reconstruction. Both the establishment conditions, limitations or availability of Response to Comments of specifications and the achievement of equipment, or the reclamation method We received 17 comments. A majority performance standards (crop utilized. These specifications provide of the commentors had multiple production) are required by SMCRA and guidance to ensure that if stockpiling is responses to the notice. Therefore, we the OSM regulations. utilized, the soil resources will be have grouped the responses by issue to Comment: Commenters questioned protected until reconstruction begins. address each of the comments received. why a soil scientist, as defined in these This section provides criteria for Comment: One commenter stated that guidelines, should locate and mark on stockpile site selection, protection NRCS should withdraw this national the ground and on the plan map the against contamination and loss, and guidance and proceed with state boundaries of prime farmland soils that temporary distribution if long-term specific guidance. The commenter will be removed during mining. stockpiling is required. apparently believes that these Response: As used in this final notice, In the Soil Reconstruction section, specifications were to be implemented a soil scientist ‘‘means a technical NRCS incorporates the principle of as national standards for removal, specialist with the academic credentials SMCRA that the reclamation of prime storage, replacement and reconstruction or work experience, which enables the farmland requires the re-establishment of prime farmland soils. The commenter specialist to use established procedures of the pre-mining productivity of the also believes NRCS has no reason for to collect the required soil information.’’ disturbed soils. The soil reconstruction proposing national guidance. We believe this is a very liberal specifications provide a framework Furthermore, commentor states that definition of soil scientist, which allows which, if followed and the required national guidance is contradictory to anyone with the appropriate knowledge conditions are achieved, should NRCS long-standing position that to carry out the required operations. maximize the probability that the national specifications are not possible Several commenters argued that only reconstructed soil will achieve the or appropriate. certified professional soil scientists required productivity. Response: We agree with the should be considered soil scientists for Many factors contribute to the pre- commenter that national specifications the purposes of these specifications. mining productivity of prime farmland, are not appropriate. These specifications These specifications are guidelines and including the chemical and physical will not be published in 7 CFR 652 as individual states may set their own characteristics of the soil horizons, the national specifications. As stated in the standards for who qualifies as a soil soil depth, the soil slope, and the preamble of the Mining Specifications scientist under their own state specific drainage conditions. Research has for Prime Farmland (63 FR 57651) this specifications. shown that when the post-mining soil guidance is advisory in nature, not Comment: Commenters identified a characteristics are similar to the pre- regulatory. These specifications are potential conflict in the discussion of mining characteristics, pre-mining intended only to serve as guidance for removal of topsoils less than six inches productivity can be achieved. These development of state specific thick.

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Response: We agree with the requirements. This could result in the agency’s headquarters. As with the comments and we have removed that having to remove the topsoil. It does not NEPA requirements, the other discussion from these specifications. conflict with the direct haul back requirements identified by the Comment: Commenters objected to situation. commenter are not necessary for the the requirement under item (iii) in Comment: Several commenters stated publication of these guidelines. section entitled ‘‘Specifications for Soil that they were not able to understand Comment: One commenter felt that Removal’’ that says ‘‘In no case will the meaning of the section on Root the guidelines are written with detailed prime farmland topsoil be mixed with Permissive Structure in Appendix B. specifications that undermine the stated topsoil containing rocks larger than Response: This section describes a purpose of providing a national 2mm.’’ soil test that is applicable only under guideline to support state specific Response: This section has been semiarid conditions and may not be guidelines. rewritten in the final guidance to familiar to some persons involved in Response: We do not agree with this require that prime farmland topsoil not coal mining and reclamation. However, comment because the specific parameter be mixed with topsoil, which will result it is a legitimate test under some values and guidance are included to in an increase in the amount of rock reclamation conditions. This section has provide a basis for developing state fragments in the resulting soil mix. been retained. specific specifications, as stated in the Comment: Commenters objected to Comment: Several commenters preamble. Some of the specific the specification at part a (v) of ‘‘Soil pointed out conflict between the soil examples they identify in the comment Removal Specifications’’ that states strength discussions in the original letter contain items that have been ‘‘soil removal should occur only in Appendices A and B. addressed in the response to other water state classes that are slightly dry Response: We accept the comment commenters. The purpose of the or dryer.’’ The commenters also contend and have removed the soil strength appendices is given in the section titled that this specification contradicts the discussion from Appendix A. The soil ‘‘Discussion of the Proposed goal of restoring prime farmland and is strength discussion in Appendix B has Specifications.’’ impossible to comply with. been simplified. Comment: Commenters questioned Comment: Commenters requested that Response: We disagree with this the use of 0.06 inches per inch of the references and sources of values comment. We recognize that prime available water capacity to determine given in Appendices A and B be farmland soils will be handled in other the limit for fragipans or other root included. water state classes, however, this results inhibiting layers in Appendix A: Response: This has been done. in a greater degradation in the quality of Criteria for Determining Pre-Mining the replaced prime farmland soil. Comment: One commenter stated that we have not provided needed references Rooting Zone. Collectively these specifications are Response: We have not changed this designed to maximize the probability of for data, research or other scientific information that was relied on to value because it is generally accepted by reclamation success. NRCS, and the guidance provided by Comment: One respondent establish these specifications. The commenter also states that an agency this document may be modified to commented that the provision of ‘‘Soil accommodate state specific conditions. Stockpiling,’’ stating that stockpiling is must disclose this type of information to afford interested parties a reasonable Comment: Commenters felt that the permitted only if the soil removal and listing of root inhibiting layers and reclamation cannot occur at the same opportunity to comment on the agency’s proposal. They further stated that ‘‘(i) repetition of statements was not time, is not consistent with SMCRA. necessary. Response: The sentence has been interested persons, as well as reviewing Response: We agree with this reworded to reflect the advisory nature courts, have great difficulty analyzing comment and have removed the of these guidelines. agency decisions when there is no Comment: Commenters pointed out indication in the rulemaking record as language. that there appeared to be language to how the agency arrived at its Comment: Commenters felt that the missing from paragraph (b) of ‘‘Soil decisions.’’ lack of comparability of chemical Stockpiling.’’ Response: We have provided property values specified in Appendix Response: The missing language has appropriate references in this final A and Appendix B was inappropriate. been replaced. notice. Response: We disagree with this Comment: One commenter noted that Comment: One commenter states that comment because the values in paragraph (f) of ‘‘Soil Stockpiling’’ is there is no indication that the agency Appendix A address root inhibiting unclear. has complied with the National horizons in undisturbed soils, whereas Response: This paragraph has been Environmental Policy Act (NEPA), the values in Appendix B address desirable revised to allow topsoil and topsoil Regulatory Flexibility Act as amended chemical properties of reconstructed substitutes and subsoil and subsoil by the Small Business Regulatory soils. substitutes to be handled together. Enforcement Fairness Act, the Comment: One commenter felt that Comment: One commenter stated that Paperwork Reduction Act, or Executive the list of physical and chemical the language of paragraph (b) of ‘‘Soil Order 12866. properties in these guidelines should be Replacement and Reconstruction,’’ Response: NRCS reviewed the expanded to include additional soil which states that the depth and quality Environmental Impact Statement properties. of the replaced subsoil should be developed by the Department of the Response: We have not made this verified before replacement of topsoil, Interior for the SMCRA regulatory change. These guidelines were not may conflict with contemporaneous program and determined that this action developed to be all inclusive, but to mining operations where such activity is covered by that document. Based on serve as the basis for state specific would be impractical. the amount of time since the SMCRA specifications. Response: We disagree. The EIS, the agency, though it is not Comment: One commenter requested specification is intended to prevent necessary for publication of guidelines, that the guidelines include a mechanism topsoil from being placed over subsoil developed an Environmental to resolve soil mapping differences not meeting the reclamation plan Assessment (EA). This EA is on file at when a soil survey is done for

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The RA must rely on its technical staff suggested that the SAR values in these Response: We agree with the to assure the proposed reclamation plan guidelines be changed, based on commenter that Section 515(b)(7) of will likely yield the required results. experience in their respective states. SMCRA, 30 U.S.C. 1265(b)(7), is the The RA technical staff will utilize NRCS Response: This was not done because authority that requires the Secretary of specifications in making their the stated values provide a greater Agriculture to establish specifications recommendations for approving, chance of achieving performance for the removal, storage, replacement, disapproving, or revising the proposed standards. and reconstruction of prime farmland reclamation plan. In addition to the plan Comment: One commenter suggested soils that are disturbed by coal mining. review by the RA technical staff, the RA that inclusion of Bw and Bt horizons in This section also outlines certain will consult with the NRCS State ‘‘Specifications for Soil Removal’’ minimum requirements for soil Conservationist on the plan prior to a should be conditioned on the structure handling and replacement. However, we final decision. The NRCS State and texture being similar to the topsoil. disagree with the next assertions of the Conservationist will review and Response: We agree and the language commenter. These specifications are not comment on the proposed reclamation has been changed. substantive rules and do not bind the plan and, if the plan does not reflect Comment: One commenter noted the RA to issue permits under these NRCS specifications, the NRCS State difficulty in interpreting Table 2 of specifications. Section 515(b)(7) does Conservationist will suggest appropriate Appendix B. not, nor does any section of SMCRA, plan revisions to the RA. Response: We have simplified the establish these specifications as law or The RA will make a final decision on table and accompanying explanation. regulation that is binding on OSM or the reclamation plan based, in part, on Comment: One commenter expressed any other RA. Section 510(d)(1) of its review of NRCS specifications and concern about the definition of prime SMCRA, 30 U.S.C. 1260(d)(1), states that consideration of comments received farmland. permits for mining of prime farmland from the NRCS State Conservationist. Response: To address this concern, will be issued under regulations issued The decision will be specific to the we have clarified the definition of prime by the Secretary of the Interior (OSM) particular permit under review. farmland as used in this document. The after consultation with the Secretary of If a NRCS State Conservationist definition is consistent with Office of Agriculture (NRCS). SMCRA and its determines that a revision in the State Surface Mining regulations at 30 CFR, regulations, found at 30 CFR Chapter 7, reconstruction specifications is Part 700. Office of Surface Mining consistently rely on the Secretary of desirable, then NRCS, in consultation regulations protect prime farmland soils Agriculture (NRCS) for concurrence or and cooperation with the RA, will (defined in 7 CFR 657) which have been advice, not regulation, on matters utilize a public outreach process to historically used for crop production. dealing with mining and reclamation of obtain comments on the proposed These definitions are found at 30 CFR prime farmland. In conclusion, the revision. Under no circumstances will 701.5, which can be accessed on the prime farmland specifications published the State reconstruction specifications OSM internet home page here are a useful tool for reclamation be less effective than the National (www.osmre.gov). planning in that they are all known specifications. After a public comment Comment: One commenter stated that components of a soil’s capacity to process, including publication in the ‘‘Section 507(b)(16) of the Surface support crop yields and not the basis for Federal Register and internal review by Mining Control and Reclamation Act of measuring successful restoration of NRCS and RA, the NRCS State 1977 contemplate that the Secretary of capacity. Conservationist will incorporate the Agriculture will establish standards for Implementation Issues changes into the specifications and the conducting of soil surveys. distribute them to the NRCS local Response: With regard to the It is important that the offices within the State and to the RA. conducting of soil surveys, OSM implementation and administration of The RA will make the revised regulations require that soil surveys the specifications be understood by specifications available to mine meet the standards of the National everyone with an interest in the operators and other interested parties. Cooperative Soil Survey. Therefore, the successful reclamation of surface mined standards for the soil survey have been prime farmlands. Once these Questions and Answers established by the Secretary of specifications are finalized, NRCS will NRCS lists below questions related to Agriculture. distribute these specifications to each implementation of NRCS specifications, Comment: This same commenter also NRCS State Office for use in the which have arisen during their stated that Sec. 515(b)(7) mandates that development or revision of State development along with answers to specifications for soil removal, storage, specifications. NRCS will send copies to those questions. replacement and reconstruction shall be each State Regulatory Authority (RA) Question 1: Are the RAs required to established. The commenter further and each OSM office so that the incorporate the NRCS specifications states that these standards are specifications can be used in carrying into their approved state program substantive rules under the out their responsibilities for prime through the formal amendment process? Administrative Procedure Act in that farmland reclamation. The applicant for Answer: The RA will use the they require actions to be taken by a mining permit on prime farmland will specifications in making their regulated entities, and effect the rights prepare a reclamation plan, as required determinations on prime farmland of third-party landowners by by sections 507 and 508 of SMCRA, 30 reclamation plans, but NRCS establishing the standards for handling U.S.C. 1257 and 1258, based upon the specifications are not required to be a and replacement of the soil in prime particular prime farmland soils part of the approved state program.

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Question 2: What if the RA decides RA’s have been required to consult with temperature, water content, structure, not to incorporate the State NRCS on every acre of non-exempted pH, and exchangeable cations. Conservationist’s recommendations into prime farmland which has been mined Soil morphology means: a reclamation plan? since enactment of SMCRA. Prior to the (a) The physical constitution of a soil Answer: The RA is required, under , enactment of SMCRA, many State RAs profile as exhibited by the kinds, 30 U.S.C.1260(d)(1), to consult with the with a large amount of prime farmland thickness, and arrangement of the State Conservationist and to consider being mined, such as Illinois, have horizons in the profile, and by the any suggested revisions. It is not included NRCS in their mine plan texture, structure, consistence, and mandatory that NRCS recommendations review. Because of this long relationship porosity of each horizon; or be adopted on the permit application and prior history of consultation, we (b) The visible characteristics of the and reclamation plan. Under the OSM anticipate that adoption of the soil or any of its parts. regulations, 30 CFR 823.15, success of specifications will not change the State regulatory authority means the prime farmland reclamation is based on manner in which plans are approved. agency in each State, which has the crop production. NRCS specifications Formalization of the specifications will primary responsibility at the state level are provided to aid the permittee and provide a written framework developed for administering the initial or RA in reviewing and approving during many years of experience and permanent state regulatory program reclamation plans and in achieving research, from which RA’s and relating to mining of prime farmland. productivity standards. The permittee can operate. The specifications are not performance specifications will be available to all Soil scientist means a technical standards. Section, 30 U.S.C. 1265(6)(7), that have an interest in prime farmland specialist with the academic credentials sets forth the general performance restoration. or work experience, which enables the standards for mining and reclamation specialist to use, established procedures activities on prime farmland. Under the Applicability to collect the required information about OSM regulation, the ultimate standard, The specifications apply to the soils. which must be met, is the production removal, stockpiling, replacement, and Soil survey means field and other standard. The specifications were not reconstruction of soil materials during investigations which result in a map developed to restrict prime farmland surface coal mining and reclamation showing the geographic distribution of reclamation, but rather to provide a operations on prime farmland, as different kinds of soils and an basis upon which a prime farmland defined and regulated by the Surface accompanying report that describes, reclamation plan can be developed. A Mining Control and Reclamation Act of classifies, and interprets such soils for reclamation plan that differs from the 1977 (SMCRA), 30 U.S.C. 1201 et seq. use, and which meets the standards of specification can be approved if, in These specifications are to be used in the National Cooperative Soil Survey as consultation with NRCS, the RA conjunction with the permanent incorporated by reference in 30 CFR determines that a plan takes into program performance standards of the 785.17(c)(1). consideration the particular soil Office of Surface Mining Regulation and Soil Removal conditions, equipment, and mining Enforcement, Department of the Interior, reclamation methods applicable to a site which are set forth in 30 CFR 785.17, Specifications for designating prime and will yield the desired results. 816.22, and part 823. These farmland soils for removal. Question 3: The proposed specifications apply to prime farmlands (a) A soil scientist should locate and specifications would require permit as defined by the Secretary of mark, on the ground and on the plan applicants to submit information which Agriculture in 7 CFR part 657 and map, the boundaries of prime farmland may not be required under the current historically used for cropland. soils that will be removed during RA regulations or in the current permit Definitions mining. Prime farmland soils on the application form. What will be required proposed mining site will be identified of the RA’s to address this issue? The following definitions apply to all from a published NRCS soil survey. If a Answer: The proposed specifications documents issued in accordance with soil survey is not available or does not allow for a variety of options in the area these specifications, unless specified provide the physical, chemical, and of needed information. This approach is otherwise: morphological soil properties described consistent with the variable site Prime farmland (as used in this in 30 CFR 785.17(c)(1), a soil scientist conditions, mining and reclamation document) means those lands which are should sample and document those equipment, and procedures inherent in defined by the Secretary of Agriculture properties for the identified prime mining. Individual State RA’s will in 7 CFR part 657 and which have farmland soils using the following determine their informational needs historically been used for cropland. procedures: using NRCS specifications. Some RA’s, Reclamation Plan means the part of a (i) Soil laboratory analysis for testing at their discretion, may wish to change permit application that details the any sample will use the procedures permit information requirements. actions a mine operator will take to described in Soil Survey Investigations Question 4: How will the adoption of restore the area to be mined to an Report No. 42. NRCS Soil Reconstruction approved post-mining land use. Specifications change the manner in Rooting zone means the part of the (ii) Identify the rooting zone of the which prime farmland plans are soil that can be penetrated by plant undisturbed prime farmland soils in the currently being approved? roots. The rooting zone of a soil can be reclamation plan. Answer: Adoption of these obtained from a published NRCS soil (iii) Identify the original topography specifications will formalize the survey or determined in the field by a of prime farmland soils to be mined in knowledge and expertise that NRCS has soil scientist in accordance with the reclamation plan. brought to prime farmland reclamation procedures. (iv) Identify the pre-mining surface for over 20 years. State and Federal RA’s Soil characteristics mean properties of and internal drainage conditions, and mine operators have always relied the soil, which can be described or flooding frequency, and surface or upon NRCS for technical advice relating measured by field or laboratory subsurface drainage systems of the to prime farmland reconstruction. State observations, such as color, prime farmland in the reclamation plan.

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(v) Identify the equipment that will be (ii) Be protected from contaminants (b) The rooting zone of the pre-mining used for soil removal in the reclamation and unnecessary compaction that would soils will be used as a basis for plan. interfere with revegetation; determining the replacement soil depth. (iii) Be protected from wind and water Specifications for Soil Removal Appendix A provides guidance for erosion through prompt establishment establishing the pre-mining rooting zone (a) Soil removal should be and maintenance of an effective, quick depth. The depth and quality of the accomplished with adherence to the growing vegetative cover or through rooting zone of the reconstructed prime following principles; other measures approved by the farmland soils should be equal to or (i) Minimize pre-mining compaction regulatory authority; and greater than the pre-mined soil rooting and destruction of the soil structure by (iv) Not be moved until required for zone. The depth and quality of the using equipment that will have the least redistribution. replaced subsoil should be verified, impact on the natural soil. (b) Where long-term surface using characteristics in Appendix B, (ii) Route soil removal equipment and disturbances will result from facilities, before replacement of the topsoil. adjust removal depth with each cycle of such as support facilities and (c) Topsoil, or the approved substitute that equipment to minimize the preparation plants, and where material, should be returned to the compaction and destruction of soil stockpiling of soils would be mined area to a thickness not less than structure in the natural soil. detrimental to the quality or quantity of that of the pre-mined topsoil. (iii) Remove the topsoil layer (A, AP, those soils, the RA may approve the AE, AB, E horizons and where the temporary distribution of the removed (d) The reconstructed soil should structure and texture are similar to the soil materials to an approved site within have a hydraulic conductivity, texture, A horizon, dark noncalcareous Bw and the permit area to enhance the current porosity, consistency, penetration Bt horizons). If there is not an area to use of that site until needed for later resistance, and other physical properties use the topsoil, place it in a designated reclamation, provided that it does not which approximates the pre-mined soil stockpile. The topsoil of prime diminish the capability of host site and or are more favorable for plant growth farmlands may be mixed with other the soil material will be retained in a as outlined in Appendix B. topsoils or substitute materials only if condition more suitable for (e) The reaction (pH) and other the resulting topsoil will have greater redistribution than if stockpiled. chemical properties of the major productivity. In no case should prime (c) Sites subject to flooding or horizon of the reconstructed soil must farmland topsoil be mixed with other slippage are to be avoided for be within the ranges of the pre-mined material that will result in an increase stockpiling of soil. The soil survey map soil or be more favorable for plant in the amount of rock fragments. for the proposed stockpiling site, as well growth. (Appendix B provides (iv) Remove the B horizon and/or C as a field investigation, should be used additional guidance on desirable horizon, or an RA approved substitute to determine if a proposed soil stockpile physical and chemical properties for the rooting media and, if there is not a location will be subject to flooding or reconstructed soils). currently or a recently mined area to slippage. concurrently place the rooting media, (d) Ponding of water should be (f) Final grading of the reconstructed place it in a designated stockpile. avoided on all stockpiles. soil should provide for adequate surface (v) Soil removal should occur only in (e) All woody vegetation and any drainage and for slope gradients within water state classes that are slightly dry other materials on the stockpile site that the range of the pre-mined prime or dryer, as defined in the Soil Survey may degrade the quality of stored farmland mapping units. In semi-arid Manual, United States Department of material or interfere with placement or and arid regions, surface drainage Agriculture, Handbook No. 18, October removal of stockpiled soils should be patterns and slope gradients must be 1993. removed. reestablished to ensure that (b) Substitution of any material for (f) The topsoil, or approved substitute reconstructed prime farmland soils naturally occurring prime farmland material, should be stockpiled receive approximately the same amount topsoil should be approved by the RA, separately from the subsoil or approved of surface water run-on from adjacent in consultation with the NRCS, only substitute material. areas as they did in their pre-mined when the substitute material will have (g) If possible, topsoil and subsoil condition. a demonstrated productivity that is stockpiles should not be located on (g) Soon after topsoil replacement, the higher than the original topsoil. prime farmland soils. If prime farmland soil should be tilled at sufficient depth Substitution of any material, or mixing must be used as a stockpile site, actions to encourage root and water penetration of the existing layers, for a naturally should be taken to avoid and mitigate into the subsoil to reduce runoff and occurring prime farmland subsoil any adverse effects such as compaction. erosion. should be approved by the RA, in consultation with the NRCS, only when Soil Replacement and Reconstruction (h) Erosion control measures the substitute material will have a Specifications for soil replacement contained in the approved reclamation demonstrated productivity that is equal and reconstruction are as follows: plan should be implemented to or higher than the original subsoil. (a) The minimum depth of soil and immediately after replacement of the substitute soil material to be topsoil. These erosion control measures Soil Stockpiling reconstructed should be 48 inches; or should meet, at a minimum, the Specifications For Stockpiling: (1) a lesser depth equal to the depth of specifications found in Section IV of the Stockpiling should only occur only if a sub-surface horizon in the natural soil local NRCS Field Office Technical the soil removal and reconstruction that inhibits or prevents root Guide for seeding, mulching, and other operations cannot be carried out penetration; or (2) a greater depth if appropriate erosion control methods. concurrently. determined by the RA, in consultation All field observation and testing should (a) Stockpiled materials should: with the NRCS, to be necessary to be performed by a soil scientist or (i) Be placed on a stable site within restore the original soil productive persons under the direction of a soil the permit area; capacity. scientist.

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Appendices productivity. However, there may be some SAR Values prime farmland soils for which An Introduction to Appendices A and B A value of greater than 30 is a root reconstruction to a greater depth is needed. inhibiting soil layer. Appendices A and B illustrates the Where bedrock or approved root inhibiting Electrical Conductivity: This is a measure horizons are at a depth of less than 48 inches, importance of soil chemical and of the concentration of water soluble salts in reconstruction is thus required to a lesser physical properties during the a soil (from an extract of saturated soil paste) depth. Fragipans or other root inhibiting reconstruction of prime farmland in the and is used to indicate saline soils. High layers, in order to qualify for exclusion from concentrations of neutral salts interfere with restoration of productivity. These reconstruction, must contribute little or appendices do not establish an nothing to the productive capacity of the soil. the absorption of water by plants because the obligation not otherwise imposed by This contribution must be less than 0.06 osmotic pressure in the soil solution is higher other rules and regulations, nor do they inches per inch of available water capacity to than that in the plant cells. detract from obligations imposed by qualify for such exclusion. Salts in a soil layer can interfere with the other rules and regulations. Appendix A The rooting zone of the prime farmland exchange capacity of nutrient ions, thereby contains information describing the soils before mining will be determined and resulting in nutritional deficiencies in plants. procedures for determining the rooting documented in the reclamation plan. The Soils having the following value will be root inhibiting: A value of greater than 8 mmho/ zone of the pre-mined farmland soil. rooting zone can be obtained from published cm. Appendix B contains information soil surveys or field determination. If a soil survey or field determination Aluminum Saturation: Excess aluminum describing the procedure and (observation of rooting depth in an restricts plant root penetration and quantitative specifications, which can excavation) is not used to determine the proliferation in acid subsoils by decreasing be used to evaluate the rooting zone of rooting zone, the following guidelines will be water uptake in plants. Aluminum toxicity the reconstructed soil in relation to the used to determine depth (below 20 inches) to damage roots to the extent that they cannot pre-mined soil. a root inhibiting soil layer for each of the absorb adequate water. High concentrations following factors. Appendix A: Criteria for Determining Pre- of aluminum are linked to adverse Sodium Adsorption Ratio (SAR): This is a Mining Rooting Zone interaction with other elements, e.g., iron and measure of the amount of sodium (Na∂) calcium. The relationship of aluminum and Soil horizons are considered as preventing relative to calcium (Ca∂∂) and magnesium calcium is the most important factor affecting root penetration if their physical or chemical (Mg∂∂) in the water extract from saturated calcium uptake by plants. Aluminum toxicity properties or water holding capacity cause soil paste. SAR is calculated from the is linked to phosphorus deficiency, and them to prevent penetration by roots of following equation: plants common to the area. Soil features, e.g. conversely, aluminum tolerance is related to the efficient use of phosphorus. A value of tillage pan, formed during mechanical + ++ ++ disturbance are not to be considered as root SAR =Na/() CA + Mg /2 equal to or more than 55 percent aluminum inhibiting for purposes of determining pre- saturation for cotton, peanuts, soybeans, and mining rooting zone. Soils having the SAR values listed below other similar crops and equal to or more than Most prime farmland soils have a favorable will have increased dispersion of organic 60 percent aluminum saturation for corn, rooting depth of at least 48 inches and, for matter and clay particles, reduced wheat, sorghum, and other similar crops is a such soils, proper soil reconstruction to this permeability and aeration, and a degradation root inhibiting soil layer using the following depth will help in the restoration of of soil structure. equation

Potassium chloride ( KCI ) extractable aluminum × 100

NH4 OAc Extractable bases + KCI extractable aluminum

Root Inhibiting Structures: Any structural TABLE 1.ÐROOT-LIMITING BULK DEN- characteristics will help ensure the success of unit that prevents root penetration is SITIES FOR EACH FAMILY TEXTURE meeting the performance standards. Terms considered root inhibiting. Structural units CLASS used in this Appendix are explained in that have an average spacing of more than 4 Appendix A. All rooting media must meet inches on the horizontal dimension may be Rooting- the following chemical and physical considered root inhibiting structures even limiting properties to have the minimal favorable though roots penetrate between the structural Family texture class bulk den- environment for root growth: units. The determination of structures must sity (g/cm3) Sodium Adsorption Ratio occur at a consistency of firm or firmer. The kind and size of structure and consistency Sandy ...... 1.85 =+ ++ + ++ are always evaluated under moderately moist Coarse loamy ...... 1.80 SAR Na/() CA Mg /2 or very moist conditions. Fine loamy ...... 1.78 Moist Bulk Density: Bulk density is an Coarse silty ...... 1.79 SAR: A value of less than 4. indicator of the soil’s ability for root Fine silty ...... 1.65 Electrical Conductivity: A value of less development, both vertically and Clayey: 35±45% clay ...... 1.58 than 4 mmho/cm. horizontally. A soil having moist bulk >45% clay ...... 1.47 Aluminum Saturation: Aluminum density equal to or more than values shown saturation value of less than 20 percent for in table 1 is considered having a soil root Appendix B: Desirable Characteristics for cotton, peanuts, soybeans, and other similar inhibiting layer: Physical and Chemical Properties of crops and less than 35 percent aluminum Reconstructed Soils saturation for corn, wheat sorghum, and The reconstructed soils should have the other similar crops using the following following characteristics. These equation—

Potassium chloride ( KCI ) extractable aluminum × 100

NH4 OAc Extractable bases + KCI extractable aluminum

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Root Permissive Structure: The soils. Irrigation should be considered when a Volume reconstructed soil must have a root Family particle size fraction precipitation is insufficient to subject the permissive structure after the soil material reclaimed soil to the passage of at least one has been subject to the passage of at least 1.5 Fine-Silty ...... 0.23 pore volume of water while all parts of the pore volumes of water in excess of the Clayey ...... 0.15 soil are very moist or wet. The water added retention at 15 bar bringing all parts through must not change the soil solution chemistry a the depth of consideration at least one time Family particle size classes defined in Soil from indicative of dispersion (zone A in Taxonomy Agriculture Handbook 436. to very moist or wet. The pore volume is figure 1) to non-dispersive (zone B). obtained by multiplying the depth zones by Alternative volume fractions may be Figure 1. The field of percent sodium and the water holding capacity volume fractions substituted if documented. The volume of total dissolved solids, both for the saturation to follow: stratified by family particle-size water for the family particle-size class is extract, divided into a non-dispersive part class excluding the effect of those larger than multiplied by the thickness of the zone and (zone A), a dispersive part (zone B), and a 2 mm: the amounts of zones are added through to transitional part (zone C). From Flanagan, 48 inches. Under raid fed conditions, the C.P. and G.G.S. Holmgren. 1977. Field Volume water addition is taken as the aggregate of methods for determination of soluble salts Family particle size a fraction successive monthly positive differences and percent sodium from extract for between precipitation and the identifying dispersive soils. Am. Soc. Test Sandy ...... 0.10 evapotranspiration as computed by an Mat. STP 623. Reference Address: American Coarse-loamy ...... 0.18 acceptable method. Figure 1 is a method for Society of Testing and Materials (ASTM), 100 Fine-loamy ...... 0.20 determination of soluble salts and percent Barr Harbor Drive, West Conshohcken, PA Coarse-silty ...... 0.25 sodium for extract for identifying dispersive 19428–2959

Moist Bulk density is an indicator of the TABLE 2.ÐNON-LIMITING BULK DEN- deployment and targeted crop yields have soil’s ability to allow root development, both SITY FOR EACH FAMILY TEXTURE been achieved, mainly because the pattern of pore spaces was favorable. On the other vertically and horizontally. Table 2 has CLASS values for bulk densities, by family soil hand, there are cases in which the overall bulk density is not high and good root texture class, that are non-limiting to root Nonlim- development. Soil handling methods can deployment was expected, but a very thin Family texture class iting bulk highly compacted layer that could not be result in reclaimed soils that do not have density detected in a standard test method prohibited continuity of pores or interpedal voids: Sandy ...... 1.60 the entry of plant roots. therefore, values in table 2 are an important Soil Strength: Soil strength is highly Coarse loamy ...... 1.50 consideration during the reconstruction and correlated to crop yields on reclaimed and Fine loamy ...... 1.46 reclamation of mined soils. A bulk density reconstructed mined soils. The response is Coarse silty ...... 1.43 value above those shown may be associated curvilinear with crop yield decreasing as soil with reduced crop yields. Fine silty ...... 1.34 strength increases. There appears to be a Clayey: 35±45% clay ...... 1.40 threshold where soil strength has an effect on ≤ 45% clay ...... 1.30 crop yield. A soil strength value above 100 PSI may be associated with reduced crop Caution—Because of the diversity of soil yields. The PSI values are determined by texture, rock fragments, climate, mining inserting into the soil profile a 3/4 inch rod equipment, and other variables during with a 300 right circular cone point on the reclamation, moist bulk density values are end of the rod. only a guide. In spite of overall high bulk Even when soil strength is not the limiting density, there are cases where good root factor (<100 PSI), the quality of rooting

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34778 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices material and the practices used during ARCHITECTURAL AND assistive listening system are available at all reconstruction and reclamation can have a TRANSPORTATION BARRIERS meetings. significant impact on crop yields. COMPLIANCE BOARD Lawrence W. Roffee, Executive Director. References Meeting [FR Doc. 99–16515 Filed 6–28–99; 8:45 am] Grossman, R.B., E.C. Benham, D.S. Harms, BILLING CODE 8150±01±P and H.R. Sinclair, Jr. 1992. Physical Root AGENCY: Architectural and Restriction Prediction in Mine Spoil Transportation Barriers Compliance Board. Reclamation Protocol. P. 191–196. In R.E. DEPARTMENT OF COMMERCE Ducker et al. (ed.) Proc. of the 1992 Natl. ACTION: Notice of meeting. Symp. on Prime Farmland Reclamation. Dep. International Trade Administration Of Agron., Univ. of IL, Urbana, IL. SUMMARY: The Architectural and [A±588±846] Pierce, F.J., W.E. Larson, R.H. Dowdy, and Transportation Barriers Compliance W.A.P. Graham, 1983. Productivity of Soils: Board (Access Board) has scheduled its Antidumping Duty Order; Certain Hot- Assessing Long-term Changes Due to Erosion. regular business meetings to take place Rolled Flat-Rolled Carbon-Quality Steel J. Soil Water Conserv. 38: 39–44. in Washington, DC on Tuesday and Products From Japan Fehrenbacher, J.B. and H.J. Snider. 1954. Wednesday, July 13–14, 1999, at the Corn Root Penetration in Muscatine, Elliott, times and location noted below. AGENCY: Import Administration, and Cisne Soils. Soil Sci. 77:281–291. International Trade Administration, DATES: The schedule of events is as Feherenbacher, J.B. and R.H. Rust. 1956. Department of Commerce. follows: Corn Root Penetration in Soils Derived from ACTION: Notice of antidumping duty Various Textures of Wisconsin Age Glacial Tuesday, July 13, 1999 order. Till. Soil Sci. 82:369–378. IL Agric. Exp. Stn. Spring 1967. Root 1:30 p.m.–3:30 p.m. Technical Programs EFFECTIVE DATES: June 29, 1999. Development of Corn, Soybeans, Wheat, and Committee FOR FURTHER INFORMATION CONTACT: John Meadow in Some Illinois Soils. Illinois 3:30 p.m.–5:00 p.m. Planning and Totaro at (202) 482–1374, Antidumping Research, Univ. Of IL, Urbana, IL. Budget Committee and Countervailing Duty Enforcement McSweeney, K.M. and I.J. Jansen. 1984. Wednesday, July 14, 1999 Group III, Import Administration, Soil Structure and Associated Rooting International Trade Administration, Behavior. Soil Sci. Soc. Am. J. 48:607–612. 9:00 a.m.–10:00 a.m. Committee of the U.S. Department of Commerce, 14th Trans. Int. Congr. of Soil Sci., 7th, Whole Meeting on Play Areas—Final Street and Constitution Avenue, NW, Madison, WI. 1960. J.B. Fehrenbacher, P.R. Rule (Closed Meeting). Washington, DC 20230. Johnson, R.T. Odell, and P.E. Johnson. Root 10:00 a.m.–Noon Ad Hoc Committee on Penetration and Development of Some Farm Section 508—NPRM (Closed Applicable Statute and Regulations Crops as Related to Soil Physical and Meeting). Unless otherwise indicated, all Chemical Properties. Volume III:248– 1:30 p.m.–3:00 p.m. Board Meeting. citations to the Tariff Act of 1930, as 252.ISSS. amended (the Tariff Act), are to the ADDRESSES: Soil Survey Staff. 1975. Soil Taxonomy: A The meetings will be held at provisions effective January 1, 1995, the basic system of soil classification for making the Marriott at Metro Center, 775 12th effective date of the amendments made and interpreting soil surveys. USDA-SCS Street, NW., Washington, DC. to the Tariff Act by the Uruguay Round Agric. Handb. 436. U.S. Gov. Print. Office, FOR FURTHER INFORMATION CONTACT: For Agreements Act (URAA). In addition, Washington, DC. further information regarding the unless otherwise indicated, all citations Soil Survey Staff. 1993. Soil Survey meetings, please contact Lawrence W. to the Department’s regulations are to Manual. USDA-SCS Agric. Handbook 436. Roffee, Executive Director, (202) 272– the regulations codified at 19 CFR Part U.S. Gov. Print Office, Washington, DC. 5434, ext. 14 (voice) and (202) 272–5449 351 (April 1, 1998). Soil Survey Staff. 1996. National Soil (TTY). Survey Handbook, title 430-VI. USDA-NRCS. Scope of the Order SUPPLEMENTARY INFORMATION: At the U.S. Gov. Print. Office, Washington, DC. Board meeting, the Access Board will The products covered by this order Soil Survey Staff. 1998. Keys to Soil consider the following agenda items. are certain hot-rolled flat-rolled carbon- Taxonomy. Eighth Edition. USDA-NRCS. quality steel products of a rectangular Washington, DC. Open Meeting shape, of a width of 0.5 inch or greater, Vance, S.L., R.E. Dunker, C.L. Hooks, and • neither clad, plated, nor coated with R.G. Darmondy. 1992. Relationship of Soil Executive Director’s Report • metal and whether or not painted, Strength and Rowcrop Yields on Approval of the Minutes of the May varnished, or coated with plastics or Reconstructed Surface Mine Soils. P. 35–42. 12, 1999, Board Meeting other non-metallic substances, in coils • In R.E. Dunker, et al. (ed.) Proc. of the 1992 Planning and Budget Committee (whether or not in successively Natl. Symp. On Prime Farmland Report—Fiscal Year 1999 Spending superimposed layers) regardless of Reclamation. Dep. of Agron., Univ. Of IL, Plan and Fiscal Year 2000 Budget thickness, and in straight lengths, of a Urbana, IL. • Technical Programs Committee thickness less than 4.75 mm and of a Signed at Washington, DC on June 23, Report—Status Report Fiscal Years width measuring at least 10 times the 1999. 1998, 1999, and 2000 Projects thickness. Universal mill plate (i.e., flat- Danny D. Sells, Closed Meeting rolled products rolled on four faces or Associate Chief, Natural Resources in a closed box pass, of a width • Committee of the Whole Report—Play Conservation Service. exceeding 150 mm but not exceeding Areas [FR Doc. 99–16470 Filed 6–28–99; 8:45 am] 1250 mm and of a thickness of not less • Committee of the Whole Report— than 4 mm, not in coils and without BILLING CODE 3410±16±P Section 508 patterns in relief) of a thickness not less All meetings are accessible to persons with than 4.0 mm is not included within the disabilities. Sign language interpreters and an scope of this order.

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Specifically included in this scope are percent or less, by weight; and (3) none outside and/or specifically excluded vacuum degassed, fully stabilized of the elements listed below exceeds the from the scope of this order: (commonly referred to as interstitial-free quantity, by weight, respectively • Alloy hot-rolled steel products in (‘‘IF’’)) steels, high strength low alloy indicated: which at least one of the chemical (‘‘HSLA’’) steels, and the substrate for 1.80 percent of manganese, or elements exceeds those listed above motor lamination steels. IF steels are 1.50 percent of silicon, or (including e.g., ASTM specifications recognized as low carbon steels with 1.00 percent of copper, or A543, A387, A514, A517, and A506). micro-alloying levels of elements such 0.50 percent of aluminum, or • SAE/AISI grades of series 2300 and as titanium and/or niobium added to 1.25 percent of chromium, or higher. 0.30 percent of cobalt, or stabilize carbon and nitrogen elements. • Ball bearing steels, as defined in the 0.40 percent of lead, or HSLA steels are recognized as steels HTSUS. with micro-alloying levels of elements 1.25 percent of nickel, or • Tool steels, as defined in the such as chromium, copper, niobium, 0.30 percent of tungsten, or 0.012 percent of boron, or HTSUS. titanium, vanadium, and molybdenum. • The substrate for motor lamination 0.10 percent of molybdenum, or Silico-manganese (as defined in the steels contains micro-alloying levels of 0.10 percent of niobium, or HTSUS) or silicon electrical steel with elements such as silicon and aluminum. 0.41 percent of titanium, or a silicon level exceeding 1.50 percent. Steel products included in the scope 0.15 percent of vanadium, or • ASTM specifications A710 and of this order, regardless of Harmonized 0.15 percent of zirconium. A736. Tariff Schedule of the United States All products that meet the physical and • USS abrasion-resistant steels (USS (‘‘HTSUS’’) definitions, are products in chemical description provided above AR 400, USS AR 500). which: (1) Iron predominates, by are within the scope of this order unless • Hot-rolled steel coil which meets weight, over each of the other contained otherwise excluded. The following the following chemical, physical and elements; (2) the carbon content is 2 products, by way of example, are mechanical specifications:

C Mn PS Si Cr Cu Ni

0.10±0.14% 0.90% Max 0.025% Max 0.005% Max 0.30±0.50% 0.50±0.70% 0.20±0.40% 0.20% Max

Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000 psi. • Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn PS Si Cr Cu Ni Mo

0.10±0.16% 0.70±0.90% 0.025% Max 0.006% Max 0.30±0.50% 0.50±0.70% 0.25% Max 0.20% Max 10.21% Max

Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim. • Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn PS Si Cr Cu Ni V(wt.) Cb

0.10±0.14% 1.30±1.80% 0.025% 0.005% 0.30±0.50% 0.50±0.70% 0.20±0.40% 0.20% Max 0.10 Max 0.08% Max Max Max

Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim. • Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn PS Si Cr Cu Ni Nb Ca Al

0.15% 1.40% 0.025% 0.010% 0.50% 1.00% 0.50% 0.20% 0.005% Treated 0.01± Max Max Max Max Max Max Max Max Min 0.07%

Width = 39.37 inches; Thickness = thicknesses of 2 mm and above; or (ii) maximum residuals including 0.15 0.181 inches maximum; Yield Strength a tensile strength between 590 N/mm 2 percent maximum chromium. = 70,000 psi minimum for thicknesses and 690 N/mm 2 and an elongation • Grade ASTM A570–50 hot-rolled ≤0.148 inches and 65,000 psi minimum percentage ≥25 percent for thicknesses steel sheet in coils or cut lengths, width for thicknesses >0.148 inches; Tensile of 2mm and above. of 74 inches (nominal, within ASTM Strength = 80,000 psi minimum. tolerances), thickness of 11 gauge (0.119 • Hot-rolled bearing quality steel, • Hot-rolled dual phase steel, phase- inch nominal), mill edge and skin hardened, primarily with a ferritic- SAE grade 1050, in coils, with an passed, with a minimum copper content martensitic microstructure, contains 0.9 inclusion rating of 1.0 maximum per of 0.20%. percent up to and including 1.5 percent ASTM E 45, Method A, with excellent The merchandise subject to this order silicon by weight, further characterized surface quality and chemistry is classified in the HTSUS at by either (i) tensile strength between restrictions as follows: 0.012 percent subheadings: 7208.10.15.00, 540 N/mm 2 and 640 N/mm 2 and an maximum phosphorus, 0.015 percent 7208.10.30.00, 7208.10.60.00, elongation percentage ≥26 percent for maximum sulfur, and 0.20 percent 7208.25.30.00, 7208.25.60.00,

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7208.26.00.30, 7208.26.00.60, posted, pursuant to the Department’s Dated: June 23, 1999. 7208.27.00.30, 7208.27.00.60, final determination of critical Richard W. Moreland, 7208.36.00.30, 7208.36.00.60, circumstances, on merchandise Acting Assistant Secretary for Import 7208.37.00.30, 7208.37.00.60, produced/exported by Kawasaki and by Administration. 7208.38.00.15, 7208.38.00.30, any of the ‘‘All Others’’ companies [FR Doc. 99–16549 Filed 6–28–99; 8:45 am] 7208.38.00.90, 7208.39.00.15, which were entered on or after BILLING CODE 3510±DS±P 7208.39.00.30, 7208.39.00.90, November 21, 1998 (90 days prior to the 7208.40.60.30, 7208.40.60.60, Department’s preliminary determination 7208.53.00.00, 7208.54.00.00, publication date of February 19, 1999) DEPARTMENT OF COMMERCE 7208.90.00.00, 7210.70.30.00, and before February 19, 1999. 7210.90.90.00, 7211.14.00.30, National Oceanic and Atmospheric Moreover, in accordance with section 7211.14.00.90, 7211.19.15.00, Administration 736(a)(1) of the Tariff Act, the 7211.19.20.00, 7211.19.30.00, [I.D. 062199E] 7211.19.45.00, 7211.19.60.00, Department will direct Customs officers to assess, upon further advice by the 7211.19.75.30, 7211.19.75.60, Gulf of Mexico Fishery Management Department, antidumping duties equal 7211.19.75.90, 7212.40.10.00, Council; Public Meetings 7212.40.50.00, 7212.50.00.00. Certain to the amount by which the normal hot-rolled flat-rolled carbon-quality value of the merchandise exceeds the AGENCY: National Marine Fisheries steel covered by this order, including: export price (or constructed export Service (NMFS), National Oceanic and vacuum degassed, fully stabilized; high price) of the merchandise for all Atmospheric Administration (NOAA), strength low alloy; and the substrate for relevant entries of hot-rolled carbon- Commerce. motor lamination steel may also enter quality steel products from Japan. These ACTION: Notice of public meeting. under the following tariff numbers: antidumping duties will be assessed on SUMMARY: The Gulf of Mexico Fishery 7225.11.00.00, 7225.19.00.00, all unliquidated entries of certain hot- Management Council will convene 7225.30.30.50, 7225.30.70.00, rolled flat-rolled carbon-quality steel public meetings. 7225.40.70.00, 7225.99.00.90, products from Japan entered, or 7226.11.10.00, 7226.11.90.30, withdrawn from warehouse, for DATES: The meetings will be held on 7226.11.90.60, 7226.19.10.00, consumption on or after February 19, July 12–15, 1999. 7226.19.90.00, 7226.91.50.00, 1999, the date on which the Department ADDRESSES: These meetings will be held 7226.91.70.00, 7226.91.80.00, and published its notice of preliminary at the Pier House, One Duval Street, Key 7226.99.00.00. Although the HTS determination in the Federal Register West, FL; telephone: 305–296–4600. subheadings are provided for (64 FR 8291). Customs officers must Council address: Gulf of Mexico convenience and Customs purposes, the require, at the same time as importers Fishery Management Council, 3018 U.S. written description of the scope of the would normally deposit estimated Highway 301 North, Suite 1000, Tampa, order is dispositive. duties on this merchandise, a cash FL 33619. deposit equal to the estimated weighted- FOR FURTHER INFORMATION CONTACT: Antidumping Duty Order average antidumping duty margins as Wayne E. Swingle, Executive Director, In accordance with section 735(a) of noted below. The ‘‘All Others’’ rates Gulf of Mexico Fishery Management the Tariff Act, the Department made its apply to all exporters of subject hot- Council; telephone: (813) 228–2815. final determinations that certain hot- rolled flat-rolled carbon-quality steel SUPPLEMENTARY INFORMATION: rolled flat-rolled carbon-quality steel products not specifically listed. Imports Council products from Japan are being sold at of hot-rolled flat-rolled carbon-quality less than fair value. See Notice of Final steel products, not described above July 14, 1999 Determination of Sales at Less Than under ‘‘Scope of the Order,’’ will not be Fair Value: Certain Hot-Rolled Flat- 1:00 p.m.—Convene. covered by this order. The weighted- 1:15 p.m. - 5:00 p.m.—Receive public Rolled Carbon-Quality Steel Products average dumping margins are as follows: testimony on Mackerel Amendment 12, From Japan, 64 FR 24329, (May 6, Reef Fish Amendment 17, and the Gag 1999). This determination included a Cash de- Regulatory Amendment. finding that critical circumstances Producer/manufacturer/exporter posit rate 5:00 p.m. - 5:30 p.m.—(Closed (company) (margin in existed with respect to Kawasaki Steel Session) Receive the AP Selection Corporation (Kawasaki) and the ‘‘All percent) Committee report and the Marine Others’’ exporter/producer category, but Reserves Committee Report. not with respect to Nippon Steel Nippon Steel Corporation ...... 19.65 Corporation and NKK Corporation. NKK Corporation ...... 17.86 July 15, 1999 On June 18, 1999, the International Kawasaki Steel Corporation ..... 67.14 All Others ...... 29.30 8:00 a.m. - 11:30 a.m.—Receive the Trade Commission (the Commission) Reef Fish Management Committee notified the Department of its final Report. determination pursuant to section This notice constitutes the antidumping 1:00 p.m. - 1:15 p.m.—Receive the 735(b)(1)(A)(i) of the Tariff Act that an duty order with respect to certain hot- Mackerel Management Committee industry in the United States is rolled flat-rolled carbon-quality steel Report. materially injured by reason of less- products from Japan. Interested parties 1:15 p.m. - 1:30 p.m.—Receive the than-fair-value imports of subject may contact the Department’s Central Shrimp Management Committee Report. merchandise from Japan. The Records Unit, room B–099 of the main 1:30 p.m. - 2:00 p.m.—Receive the Commission further found that critical Commerce building, for copies of an Law Enforcement Committee Report. circumstances do not exist with respect updated list of antidumping duty orders 2:00 p.m. - 2:15 p.m.—Receive the to imports of the subject merchandise currently in effect. These orders are Administrative Policy Committee from Japan. As a result, the Department published in accordance with section Report. will direct Customs officers to refund 736(a) of the Tariff Act of 1930, as 2:15 a.m. - 2:45 p.m.—Receive the any cash deposits made or bonds amended. Data Collection Committee Report.

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2:45 p.m. - 3:00 p.m.—Receive the develop its recommendations to the be brought to the full Council for formal Council Chairman’s Meeting Report. Council on Mackerel Amendment 12. consideration and action, if appropriate. 3:00 p.m. - 3:15 p.m.—Receive the 9:00 a.m.- 10:00 a.m.—Convene the DATES: The meeting will be held on July South Atlantic Fishery Management Shrimp Management Committee will 12, 1999 at 10 a.m. Council Liaison Report. hear a NMFS report on the Tortugas ADDRESSES: The meeting will be held at 3:15 p.m. - 3:30 p.m.—Receive Shrimp fishery and annual reports the Council Office conference room; 5 Enforcement Reports. assessing the status of the shrimp Broadway (Route 1 South); Saugus, MA 3:30 p.m. - 3:45 p.m.—Receive stocks. The Committee will also discuss 01906; telephone: (781) 231–0422. Director’s Reports. workshop(s) to assess the impacts of 3:45 p.m.- 4:00 p.m.—Other Business. shrimp trawl bycatch in the eastern FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New Committees Gulf, which will be held in late Summer or Fall. England Fishery Management Council; July 12, 1999 10:00 a.m. - 11:00 a.m.—Convene the (781) 231–0422. Requests for special 9:30 a.m. - 10:30 a.m.–-(Closed Data Collection Committee to hear a accommodations should be addressed to Session) Convene the Advisory Panel report on the pilot study on recreational the New England Fishery Management Selection Committee to select members data collection via MRFSS vs. Logbooks. Council, 5 Broadway, Saugus, MA for an advisory panel. 11:00 a.m. - 12:00 noon—Convene the 01906–1097; telephone: (781) 231–0422. 10:30 a.m. - 11:00 a.m.—(Closed Administrative Policy Committee to SUPPLEMENTARY INFORMATION: The Session) Convene the Marine Reserves discuss reauthorization of the committee will develop Committee to potentially approve a Magnuson-Stevens Act. recommendations concerning contractual agreement for a facilitator. Although other issues not contained improvements to the social and 11:00 a.m. - 12:00 noon—Convene the in this agenda may come before the economic impacts analyses contained in Marine Reserves Committee to hear a Council for discussion, in accordance New England Council fishery report of the Tortugas 2000 working with the Magnuson-Stevens Fishery management plans. They also will group that was charged with developing Conservation Act, those issues may not develop recommendations for peer plans for marine reserves in the Florida be the subject of formal Council action review of these analyses. Keys National Marine Sanctuary. during this meeting. Council action will Although other issues not contained 1:00 p.m. - 5:30 p.m.—Convene the be restricted to those issues specifically in this agenda may come before this Law Enforcement Committee to hear identified in the agenda listed in this Council for discussion, in accordance reports on enforcement and non- notice. with the Magnuson-Stevens Fishery compliance issues related to the red Special Accommodations Conservation and Management Act, snapper fishery, the Tortugas Shrimp those issues may not be the subject of Sanctuary, the Southwest Florida These meetings are physically formal Council action during this seasonal shrimp closure, the Florida accessible to people with disabilities. meeting. Council action will be Middle Grounds Habitat Area of Requests for sign language restricted to those issues specifically Particular Concern (HAPC), the Eastern interpretation or other auxiliary aids listed in this notice. Gulf long-line closed area, and should be directed to Anne Alford at the implementation of Reef Fish Council (see ADDRESSES) by July 2, 1999. Special Accommodations Amendment 16A. Dated: June 23, 1999. These meetings are physically accessible to people with disabilities. July 13, 1999 Bruce C. Morehead, Acting Director, Office of Sustainable Requests for sign language 8:00 a.m. - 12:00 noon—Convene the Fisheries, National Marine Fisheries Service. interpretation or other auxiliary aids Reef Fish Management Committee to [FR Doc. 99–16522 Filed 6–28–99; 8:45 am] should be directed to Paul J. Howard develop its recommendations to the ADDRESSES BILLING CODE 3510±22±F (see ) at least 5 days prior to Council on Reef Fish Amendment 17 the meeting dates. and the Gag Regulatory Amendment. Dated: June 23, 1999. The Committee will also determine DEPARTMENT OF COMMERCE whether to recommend that Council Bruce C. Morehead, staff begin development of a National Oceanic and Atmospheric Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. resubmission document to readdress the Administration portion of Reef Fish Amendment 16A [FR Doc. 99–16511 Filed 6–28–99; 8:45 am] that was disapproved by NMFS. That [I.D. 062199D] BILLING CODE 3510±22±F portion would have phased out the fish New England Fishery Management trap fishery in the Florida Keys by Council; Public Meeting February 7, 2001. The Committee will DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries also hear a report projecting when the National Oceanic and Atmospheric Service (NMFS), National Oceanic and 1999 recreational red snapper season Administration will be closed, and hear updates on the Atmospheric Administration (NOAA), pending approval of the regulatory Commerce. [I.D. 062199C] amendment and emergency rules for red ACTION: Notice of public meeting. snapper. SUMMARY: The New England Fishery Western Pacific Fishery Management 2:00 p.m. - 5:00 p.m.—Council Council; Public Meetings members will take a field trip on a U.S. Management Council (Council) is Coast Guard cutter to examine scheduling a public meeting of its Social AGENCY: National Marine Fisheries enforcement procedures. Sciences Advisory Committee on July Service (NMFS), National Oceanic and 12, 1999 to consider actions affecting July 14, 1999 Atmospheric Administration (NOAA), New England fisheries in the exclusive Commerce. 8:00 a.m. - 9:00 a.m.—Convene the economic zone (EEZ). ACTION: Notice of public meetings. Mackerel Management Committee to Recommendations from this group will

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SUMMARY: The Western Pacific Fishery C. Public education outreach SUMMARY: The Western Pacific Fishery Council (Council) will hold a meeting of 6. Suggestions to address other Management Council will hold a its Coral Reef Ecosystem Plan Team existing laws and policies meeting of its Precious Corals Plan (CREPT) in Honolulu, HI. The meeting A. Endangered Species Act Team and Advisory Panel. B. Marine Mammal Protection Act will also serve as a public scoping DATES: The meeting will be held on July C. Administrative Procedure Act hearing on the management alternatives 20, 1999, from 2:00 p.m. to 4:30 p.m. to be analyzed in a Draft Environmental D. Coastal Zone Management Act ADDRESSES: The meeting will be held at Impact Statement (DEIS) for the Coral E. Regulatory Flexibility Act NMFS Honolulu Laboratory, 2570 Dole Reef Ecosystem Fishery Management F. Executive Orders G. Magnuson-Stevens Act/Sustainable St., Rm. 112, Honolulu, HI 96822–2396, Plan (FMP). Fisheries Act/Essential Fish Habitat telephone: 808–983–5300. DATES: The CREPT meeting will be held H. Other Council address: Western Pacific on July 13–15, 1999, from 8:30 a.m. to 7. Preliminary draft regulations Fishery Management Council, 1164 5:00 p.m., each day. 8. Other concerns regarding Bishop St., Suite 1400, Honolulu, HI ADDRESSES: The meeting will be held at developing CRE-FMP 96813. the Council office conference room, Thursday, July 15, 1999. 8:30 a.m. FOR FURTHER INFORMATION CONTACT: 1164 Bishop St., Suite 1400, Honolulu, Kitty M. Simonds, Executive Director; HI; telephone: (808–522–8220). 9. Public scoping hearing for National telephone: 808–522–8220. Council address: Western Pacific Environmental Policy Act/ Fishery Management Council, 1164 Environmental Impact Statement SUPPLEMENTARY INFORMATION: Members Bishop St., Suite 1400, Honolulu, HI A. Review of public comments of the Precious Corals Plan Team and 96813. received Advisory Panel will discuss the findings B. Public hearing for additional FOR FURTHER INFORMATION CONTACT: of recent research on precious corals in comments Kitty M. Simonds, Executive Director; the waters around Hawaii, including 10. Other business telephone: 808–522–8220. information on the size and condition of A. Scheduling of next CREPT meeting certain classified precious coral beds, SUPPLEMENTARY INFORMATION: The B. Upcoming coral reef meetings potential increases in fishing pressure CREPT will discuss and may make 11. Other business on black corals, the presence of a new recommendations to the Council on the A. Scheduling of next meeting precious coral bed near French Frigate Although other issues not contained agenda items below. The order in which Shoals and the possible importance of in this agenda may come before this agenda items will be addressed can precious coral beds as foraging areas for team for discussion, in accordance with change. Hawaiian monk seals. Based on this the Magnuson-Stevens Fishery Tuesday, July 13, 1999, 8:30 a.m. new information, the plan team will Conservation and Management Act, discuss possible modifications to the 1. Summary of progress to date on those issues may not be the subject of precious corals fishery management Coral Reef Ecosystem Fishery formal action during this meeting. plan. Possible changes in the FMP Management Plan (CRE-FMP) Action will be restricted to those issues include suspending the harvest quota 2. Implementation plan/timetable for specifically identified in this notice. completion of CRE-FMP for live gold coral at the Makapu’u Bed; 3. Review of fishery management Special Accommodations redefining live precious coral as units This meeting is physically accessible precious coral thathas live coral polyps A. Fish to people with disabilities. Requests for or tissue and redefining dead precious B. Invertebrates sign language interpretation or other coral as precious coral that no longer C. Other auxiliary aids should be directed to has any live coral polyps or tissue; 4. Review of initial proposed Kitty M. Simonds, 808–522–8220 applying size limits to harvested live measures/alternatives/impacts (voice) or 808–522–8226 (fax), at least 5 coral only; implementing a minimum A. Permit and reporting requirement days prior to meeting date. size limit for black coral; prohibiting the use of non-selective gear except for B. Designation of Marine Protected Dated: June 23, 1999. Areas(MPAs) scientific research activity; prohibiting Bruce C. Morehead, (1) Criteria the harvest of pink coral from any (2) Specific candidate sites Acting Director, Office of Sustainable established or conditional bed unless it C. Allowable harvest gear/prohibited Fisheries, National Marine Fisheries Service. has attained a minimum height of 10 practices [FR Doc. 99–16510 Filed 6–28–99; 8:45 am] inches; revising the boundaries of BILLING CODE 3510±22±F Brooks Bank; increasing the annual Wednesday, July 14, 1999, 8:30 a.m. harvest quota for live pink coral at D. Framework regulatory process Brooks Bank; suspending the harvest (1) Aquaculture/possession permit for DEPARTMENT OF COMMERCE quota for live gold coral at Brooks Bank; live rock/coral restricting the harvest quota for all types National Oceanic and Atmospheric of live precious coral at the newly- (2) Prohibit anchoring by fishing Administration vessels on Guam’s offshore banks discovered bed near French Frigate (3) Designate zones for mooring buoy [I.D. 062199F] Shoals; and revising the fishing installation and anchoring requirement logbooks to require additional (4) Require permanent marking of Western Pacific Fishery Management information. passive fishing gear Council; Public Meeting Although other issues not contained (5) Other AGENCY: National Marine Fisheries in this agenda may come before these 5. Proposed non-regulatory Service (NMFS), National Oceanic and groups for discussion, in accordance management measures Atmospheric Administration (NOAA), with the Magnuson-Stevens Fishery A. Facilitate local management Commerce. Conservation and Management Act, B. Create incentives for sustainable those issues may not the subject of ACTION: Notice of public meeting. use formal action during this meeting.

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Action will be restricted to those issues See 53 FR 34573, published on ACTION: Request for public comments specifically identified in this notice. September 7, 1988. concerning a request for consultations on certain rayon filament yarn. Special Accommodations Troy H. Cribb, Chairman, Committee for the Implementation This meeting is physically accessible of Textile Agreements. FOR FURTHER INFORMATION CONTACT: Lori E. Mennitt, International Trade to people with disabilities. Requests for Committee for the Implementation of Textile sign language interpretation or other Agreements Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, auxiliary aids should be directed to June 23, 1999. (202) 482–3400. Kitty M. Simonds, 808–522–8220 Commissioner of Customs, (voice) or 808–522–8226 (fax), at least 5 Department of the Treasury, Washington, DC SUPPLEMENTARY INFORMATION: days prior to meeting date. 20229. Authority: Section 204 of the Agricultural Dated: June 23, 1999. Dear Commissioner: This directive Act of 1956, as amended (7 U.S.C. 1854); amends, but does not cancel, the directive Executive Order 11651 of March 3, 1972, as Bruce C. Morehead, issued to you on September 1, 1988, as amended. Acting Director, Office of Sustainable amended, by the Chairman, Committee for The purpose of this notice is to advise Fisheries, National Marine Fisheries Service. the Implementation of Textile Agreements. the public that CITA has been [FR Doc. 99–16512 Filed 6–28–99; 8:45 am] That directive directed you to prohibit entry of certain cotton, wool and man-made fiber petitioned to initiate consultations with BILLING CODE 3510±22±F apparel, produced or manufactured in Sri Mexico and Canada under Section 7(2) Lanka for which the Government of Sri Lanka of Annex 300–B of the North American has not issued an appropriate export visa. Free Trade Agreement (NAFTA) for the Effective on July 1, 1999, you are directed purpose of amending the NAFTA rules COMMITTEE FOR THE to amend further the directive dated of origin for HTS subheading 5806.32 to IMPLEMENTATION OF TEXTILE September 1, 1988 to provide for the use of permit the use of non-North American AGREEMENTS a new export visa form issued by the Government of Sri Lanka to accompany rayon filament yarn classified in HTS New Export Visa Form for Certain shipments of textile products, produced or subheading 5403.31.00 of the Textile Products Produced or manufactured in Sri Lanka and exported Harmonized Tariff Schedule of the Manufactured in Sri Lanka from Sri Lanka on or after July 1, 1999. This United States, in NAFTA originating new visa form is Sri Lanka’s Textile Quota goods. June 23, 1999. Board export visa form printed on a white There will be a 30-day comment form with the term ‘‘non-negotiable’’ printed period beginning on June 29, 1999 and AGENCY: Committee for the on it. This replaces the light green security extending through July 29, 1999. Implementation of Textile Agreements paper form currently in use. The visa stamp Anyone wishing to comment or provide (CITA). remains unchanged. Textile products exported from Sri Lanka data or information regarding domestic ACTION: Issuing a directive to the during the period July 1, 1999 through July production or availability of rayon Commissioner of Customs providing for 31, 1999 may be accompanied by either the filament yarn classified in HTS the use of a new export visa form. old or new export visa form. Products subheading 5403.31.00 is invited to exported from Sri Lanka on or after August submit 10 copies of such comments or EFFECTIVE DATE: July 1, 1999. 1, 1999 must be accompanied by the new information to Troy H. Cribb, Chairman, export visa form. Committee for the Implementation of FOR FURTHER INFORMATION CONTACT: Roy Shipments entered or withdrawn from Textile Agreements, U.S. Department of Unger, International Trade Specialist, warehouse according to this directive which are not accompanied by an appropriate Commerce, Washington, DC 20230. Office of Textiles and Apparel, U.S. Comments or information submitted Department of Commerce, (202) 482– export visa shall be denied entry and a new visa must be obtained. in response to this notice will be 4212. The Committee for the Implementation of available for public inspection in the Textile Agreements has determined that this SUPPLEMENTARY INFORMATION: Office of Textiles and Apparel, room action falls within the foreign affairs H3100, U.S. Department of Commerce, Authority: Section 204 of the Agricultural exception to the rulemaking provisions of 5 14th and Constitution Avenue, NW, Act of 1956, as amended (7 U.S.C. 1854); U.S.C. 553(a)(1). Washington, DC. Executive Order 11651 of March 3, 1972, as Sincerely, amended. The solicitation of comments is not a Troy H. Cribb, waiver in any respect of the exemption Effective on July 1, 1999, goods Chairman, Committee for the Implementation contained in 5 U.S.C. 553(a)(1) relating produced or manufactured in Sri Lanka of Textile Agreements. to matters which constitute a ‘‘foreign and exported to the United States must [FR Doc. 99–16507 Filed 6–28–99; 8:45 am] affairs function of the United States.’’ be accompanied by Sri Lanka’s Textile BILLING CODE 3510±DR±F Troy H. Cribb, Quota Board export visa form printed on Chairman, Committee for the Implementation a white form with the term ‘‘non- of Textile Agreements. negotiable’’ printed on it. This replaces COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE [FR Doc. 99–16506 Filed 6–28–99; 8:45 am] the light green security paper form BILLING CODE 3510±DR±F currently in use. The visa stamp AGREEMENTS remains unchanged. There will be a Request for Public Comments on a grace period from July 1, 1999 through Request that the United States Consult DEPARTMENT OF DEFENSE July 31, 1999, during which products with Mexico and Canada Concerning a exported from Sri Lanka may be Certain Rayon Filament Yarn Office of the Secretary accompanied by either the old or new export visa form. Products exported June 23, 1999. Submission for OMB Review; from Sri Lanka on or after August 1, AGENCY: Committee for the Comment Request 1999 must be accompanied by the new Implementation of Textile Agreements ACTION: Notice. export visa form. (CITA).

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The Department of Defense has data is essential to accomplishing the DEPARTMENT OF DEFENSE submitted to OMB for clearance, the assigned mission of the Department of following proposal for collection of Defense. Failure to collect this Office of the Secretary information under the provisions of the information would have a detrimental Paperwork Reduction Act (44 U.S.C. effect on the DoD acquisition programs [Transmittal No. 99±21] Chapter 35). and the National Security. Title, Associated Form, and OMB Affected Public: Business or Other For 36(b)(1) Arms Sales Notification Number: Acquisition Management Profit; Not-For-Profit Institutions. Systems and Data Requirements Control Frequency: On occasion. AGENCY: Department of Defense, Defense List (AMSDL); Numerous Forms; OMB Respondent’s Obligation: Required to Security Cooperation Agency. Number 0704–0188. Obtain or Retain Benefits. ACTION: None. Type of Request: Revision. OMB Desk Officer: Mr. Peter N. Weiss. SUMMARY: Number of Respondents: 886. Written comments and The Department of Defense is Responses per Respondent: 540. recommendations on the proposed publishing the unclassified text of a Annual Responses: 478,440. information collection should be sent to section 36(b)(1) arms sales notification. Average Burden Per Response: 110 Mr. Weiss at the Office of Management This is published to fulfill the hours. and Budget, Desk Officer for DoD, Room requirements of section 155 of Pub. L. Annual Burden Hours: 52,628,400. 10236, New Executive Office Building, 104–164 dated 21 July 1996. Needs and Uses: The Acquisition Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Ms. Management Systems and Data DOD Clearance Officer: Mr. Robert J. Hurd, DSCA/COMPT/RM, (703) 604– Requirements Control List (AMSDL) is a Cushing. 6575. list of data requirements used in Written requests for copies of the The following is a copy of a letter to Department of Defense (DoD) contracts. information collection proposal should the Speaker of the House of The information collected will be used be sent to Mr. Cushing, WHS/DIOR, Representatives, Transmittal 99–21, by DoD personnel and other DoD 1215 Jefferson Davis Highway, Suite with attached transmittal, policy contractors to support the design, test, 1204, Arlington, VA 22202–4302. justification, and Sensitivity of manufacture, training, operation, and Technology. maintenance of procured items, Dated: June 23, 1999. Dated: June 22, 1999. including weapon systems critical to the Patricia L. Toppings, national defense. Information collection Alternate OSD Federal Register Liaison L.M. Bynum, requests are contained in DoD contract Officer, Department of Defense. Alternate OSD Federal Register Liaison actions for supplies, services, hardware, [FR Doc. 99–16436 Filed 6–28–99; 8:45 am] Officer, Department of Defense. and software. The collection of such BILLING CODE 5001±01±M BILLING CODE: 5001±10±M

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[FR Doc. 99–16437 Filed 6–28–99; 8:45 am] BILLING CODE 5001±10±C

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DEPARTMENT OF DEFENSE Shelton R. Young, Director, Readiness Dated: June 22, 1999. and Logistics Support, OAIG- Office of the Secretary Auditing. L. M. Bynum, Robert L. Ashbaugh, Deputy Inspector Alternate OSD Federal Register Liaison Senior Executive Service Performance Officer, Department of Defense. Review Board General, Department of Justice. Raymond J. DeCarli, Deputy Inspector F036 AF PC L AGENCY: Office of the Inspector General, General, Department of Department of Defense (OIG, DOD). Transportation. SYSTEM NAME: ACTION: Notice. John C. Payne, Deputy Inspector Unfavorable Information Files (UIF) General, Department of State. (June 11, 1997, 62 FR 31793). SUMMARY: This notice announces the appointment of the members of the Joseph R. Willeven, Deputy Inspector CHANGES: Senior Executive Service (SES) General, Office of Personnel * * * * * Performance Review Board (PRB) for the Management. SYSTEM LOCATION: OIG, DoD, as required by 5 U.S.C. 4314 Dated: June 22, 1999. (c) (4). The PRB provides fair and Delete entry and replace with L.M. Bynum, ‘Complete UIFs are maintained in the impartial review of SES performance Alternate OSD Federal Register Liaison appraisals and makes recommendations Unit Orderly Room, the Military Officer Department of Defense. Personnel Flight (MPF), Headquarters regarding performance ratings, [FR Doc. 99–16438 Filed 6–28–99; 8:45 am] performance awards and recertification Air Reserve Personnel Center (HQ BILLING CODE 5001±10±M to the Inspector General. ARPC), or HQ Air National Guard Readiness Center (HQ ANGRC). A copy EFFECTIVE DATE: July 1, 1999. of the UIF summary sheet is maintained FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF DEFENSE at: Individual’s unit of assignment; Dona Seracino, Deputy Director for Department of the Air Force geographically separated units not co- Operations, Personnel and Security located with a servicing MPF. For Directorate, Office of the Assistant Privacy Act of 1974; System of officers only the UIF Summary Sheet is Inspector General for Administration Records also maintained at major command and Management, OIG, DoD, 400 Army level; for colonels, colonel selects, and Navy Drive, Arlington, VA 22202, (703) AGENCY: Department of the Air Force, general officers at the Headquarters Air 604–9716. DoD. Force level; and the gaining unit for Charles W. Beardall, Deputy Assistant ACTION: Notice to amend record systems. individuals selected for reassignment. Inspector General for Criminal For Reserve personnel, to the unit of Investigative Policy and Oversight, SUMMARY: The Department of the Air assignment/attachment. Official mailing OAIG for Investigations. Force proposes to amend a system of addresses are published as an appendix David A. Brinkman, Director, Audit records notice in its inventory of record to the Air Force’s compilation of system Followup and Technical Support, systems subject to the Privacy Act of of records notices.’ OAIG-Auditing. 1974 (5 U.S.C. 552a), as amended. C. Frank Broome, Director, Office of CATEGORIES OF INDIVIDUALS COVERED BY THE Departmental Inquiries. DATES: The amendment will be effective SYSTEM: David M. Crane, Director, Office for on July 29, 1999, unless comments are Delete entry and replace with ‘All Intelligence Review. received that would result in a contrary active or Reserve component (AF Donald E. Davis, Deputy Assistant determination. Reserve and Air National Guard) Inspector General for Audit Policy ADDRESSES: Send comments to the Air military personnel who are the subject and Oversight, OAIG-Auditing. Force Access Programs Manager, of an Unfavorable Information File’. Thomas F. Gimble, Director, Acquisition Headquarters, Air Force * * * * * Management, OAIG-Auditing. Communications and Information Paul J. Granetto, Director, Contract Center/ITC, 1250 Air Force Pentagon, RETENTION AND DISPOSAL: Management, OAIG-Auditing. Washington, DC 20330–1250. Delete entry and replace with ‘For enlisted personnel, UIFs are maintained John F. Keenan, Assistant Inspector FOR FURTHER INFORMATION CONTACT: Mrs. for one year from the effective date of General for Investigations. Anne Rollins at (703) 588–6187. Frederick J. Lane, Director, Finance and the most recent correspondence, except SUPPLEMENTARY INFORMATION: Accounting, OAIG-Auditing. The when the file contains documentation Joel L. Leson, Deputy Assistant Department of the Air Force’s record pertaining to Article 15, court-martial or Inspector General for Administration system notices for records systems certain civil court convictions, in which and Information Management. subject to the Privacy Act of 1974 (5 case the retention period is two years Carol L. Levy, Deputy Assistant U.S.C. 552a), as amended, have been from the date of that correspondence. Inspector General for Investigations. published in the Federal Register and UIFs are automatically destroyed upon Robert J. Lieberman, Assistant Inspector are available from the address above. discharge (no military service General for Auditing. The proposed amendments are not obligation) or retirement and on an Nickolas T. Lutsch, Assistant Inspector within the purview of subsection (r) of individual basis when the individual’s General for Administration and the Privacy Act (5 U.S.C. 552a), as commander so determines. UIFs are Information management. amended, which would require the transferred to the active or reserve Donald Mancuso, Deputy Inspector submission of a new or altered system component to which the enlisted General. report for each system. The specific member is transferring, if known, or if David K. Steensma, Deputy Assistant changes to the record system being unknown or upon separation to HQ Inspector General for Auditing. amended are set forth below followed AFRC or HQ ANGRC. Alan W. White, Director, Investigative by the notice as amended, published in For officer personnel UIFs are Operations, OAIG for Investigations. its entirety. maintained for two years from the

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34790 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices effective date of the most recent admonitions or reprimands; court- retention period is two years from the correspondence, except when the file martial orders; letters of indebtedness, date of that correspondence. UIFs are contains documentation pertaining to or control roster correspondence and automatically destroyed upon discharge court-martial convictions or civil court drug/alcohol abuse correspondence. (no military service obligation) or convictions, in which case the retention retirement and on an individual basis period is four years from the date of that AUTHORITY FOR MAINTENANCE OF THE SYSTEM: when the individual’s commander so correspondence or one year from the 10 U.S.C. 8013, Secretary of the Air determines. UIFs are transferred to the date of arrival at a new permanent Force: powers and duties; delegation by; active or reserve component to which change of station or one year after date as implemented by Air Force Instruction the enlisted member is transferring, if of separation, whichever is longer. UIFs 36–2907, Unfavorable Information File known, or if unknown or upon are transferred to the Reserve Program. separation to HQ AFRC or HQ ANGRC. component to which the officer is PURPOSE(S): For officer personnel UIFs are transferring, if known or upon maintained for two years from the Reviewed by commanders and separation to HQ ARPC or HQ ANGRC. effective date of the most recent personnel officials to assure appropriate UIFs are automatically destroyed upon correspondence, except when the file assignment, promotion and reenlistment retirement. If a Reserve officer is contains documentation pertaining to considerations prior to effecting such discharged, (no military service, court-martial convictions or civil court actions. UIFs also provide information obligation), the UIF is destroyed. UIFs convictions, in which case the retention necessary to support administrative for regular officers discharged are period is four years from the date of that separation when further rehabilitation maintained by HQ ARPC for one year correspondence or one year from the efforts would not be considered from date of discharge and then date of arrival at a new permanent effective. destroyed. change of station or one year after date UIF records are destroyed on officer ROUTINE USES OF RECORDS MAINTAINED IN THE of separation, whichever is longer. UIFs or enlisted personnel by tearing into SYSTEM, INCLUDING CATEGORIES OF USERS AND are transferred to the Reserve pieces, shredding, pulping, macerating THE PURPOSES OF SUCH USES: component to which the officer is or burning. Computer records are In addition to those disclosures transferring, if known or upon destroyed by erasing, deleting or generally permitted under 5 U.S.C. separation to HQ ARPC or HQ ANGRC. overwriting.’ 552a(b) of the Privacy Act, these UIFs are automatically destroyed upon * * * * * records, or information contained retirement. If a Reserve officer is therein, may specifically be disclosed discharged, (no military service, F036 AF PC L outside the DOD as a routine use obligation), the UIF is destroyed. UIFs SYSTEM NAME: pursuant to 5 U.S.C. 552a(b)(3) as for regular officers discharged are Unfavorable Information Files (UIF). follows: maintained by HQ ARPC for one year The ‘Blanket Routine Uses’ published from date of discharge and then SYSTEM LOCATION: at the beginning of the Air Force’s destroyed. Complete UIFs are maintained in the compilation of systems of records UIF records are destroyed on officer Unit Orderly Room, the Military notices apply to this system. or enlisted personnel by tearing into Personnel Flight (MPF), Headquarters pieces, shredding, pulping, macerating POLICIES AND PRACTICES FOR STORING, Air Reserve Personnel Center (HQ or burning. Computer records are RETRIEVING, ACCESSING, RETAINING, AND destroyed by erasing, deleting or ARPC), or HQ Air National Guard DISPOSING OF RECORDS IN THE SYSTEM: Readiness Center (HQ ANGRC). A copy overwriting. of the UIF summary sheet is maintained STORAGE: SYSTEM MANAGER(S) AND ADDRESS: at: Individual’s unit of assignment; Maintained in visible file binders/ geographically separated units not co- cabinets and in computers and on Assistant Deputy Chief of Staff/ located with a servicing MPF. For computer output products. Personnel, Headquarters Air Force officers only the UIF Summary Sheet is Personnel Center, 550 C Street W, RETRIEVABILITY: also maintained at major command Randolph AFB, TX 78150–4703. level; for colonels, colonel selects, and Retrieved by name or Social Security For Reserve system management: general officers at the Headquarters Air Number. Headquarters Air Force Reserve Command/Directorate of Personnel, 155 Force level; and the gaining unit for SAFEGUARDS: individuals selected for reassignment. 2nd Street, Robins AFB, GA 31098– Records are accessed by custodian of 1635. For Reserve personnel, to the unit of the record system and by person(s) assignment/attachment. Official mailing responsible for servicing the record NOTIFICATION PROCEDURE: addresses are published as an appendix system in performance of their official Personnel for whom optional UIFs to the Air Force’s compilation of system duties who are properly screened and exist are routinely notified of a file. In of records notices. cleared for need-to-know. Records are all cases personnel have had the CATEGORIES OF INDIVIDUALS COVERED BY THE stored in locked cabinets or rooms. opportunity or are authorized to rebut SYSTEM: Computer records are protected by the correspondence in the file. All active or Reserve component (AF computer software. Individuals seeking to determine Reserve and Air National Guard) whether this system of records contains RETENTION AND DISPOSAL: military personnel who are the subject information about themselves should of an Unfavorable Information File. For enlisted personnel, UIFs are address inquiries to the servicing maintained for one year from the Military Personnel Flight, Unit Orderly CATEGORIES OF RECORDS IN THE SYSTEM: effective date of the most recent Room, Headquarters Air Reserve Derogatory correspondence correspondence, except when the file Personnel Center or Headquarters Air determined as mandatory for file or as contains documentation pertaining to National Guard Readiness Center. appropriate for file by an individual’s Article 15, court-martial or certain civil Official mailing addresses are published commander. Examples include written court convictions, in which case the as an appendix to the Air Force’s

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The Individuals seeking access to records management data, civilian and military proposed amendments are not within about themselves contained in this education, awards, training, branch and the purview of subsection (r) of the system should address inquiries to the occupational specialties/areas of Privacy Act of 1974, (5 U.S.C. 552a), as servicing Military Personnel Flight, Unit concentration, mailing addresses, amended, which requires the Orderly Room, Headquarters Air telephone numbers, facsimile numbers, submission of a new or altered system Reserve Personnel Center, or email addresses, physical location, report. Headquarters Air National Guard languages, career pattern, performance, Readiness Center. Official mailing Dated: June 22, 1999. command and promotion history, addresses are published as an appendix retirement/separation information and to the Air Force’s compilation of L.M. Bynum, service agreement information. TAPDB- systems of records notices. Alternate OSD Federal Register Liaison AO is updated in both on-line and batch Officer, Department of Defense. CONTESTING RECORD PROCEDURES: mode from various source data bases The Air Force rules for accessing A0680±31a TAPC and applications including the Standard records, and for contesting contents and Installation Division Personnel System SYSTEM NAME: appealing initial agency determinations (SIDPERS), the Total Officer Personnel Officer Personnel Management are published in Air Force Instruction Management Information System Information System (OPMIS) (May 11, 37–132; 32 CFR part 806b; or may be (TOPMIS), the Officer Evaluation 1998, 63 FR 25840). obtained from the system manager. Reporting System (OERS) and CHANGES: Accessions Management Information RECORD SOURCE CATEGORIES: Systems (AMIS). Supervisory reports or censures and * * * * * Accessions Management Information documented records of poor SYSTEM LOCATION: performance or conduct. Systems (AMIS) contains selected Delete entry and replace with officer personnel data from the Total EXEMPTIONS CLAIMED FOR THE SYSTEM: ‘Commander, U.S. Total Army Army Personnel Data Base - Active Personnel Command, ATTN: TAPC- None. Officer, the date of entry on active duty, OPD-S, Information Management [FR Doc. 99–16439 Filed 6–28–99; 8:45 am] selected information regarding current Officer, 200 Stovall Street, Alexandria, BILLING CODE 5001±10±F location/school for pre-accessed VA 22332–0414.’ officers, demographic data and * * * * * assignment information on new officer DEPARTMENT OF DEFENSE A0680±31a TAPC accessions. It includes individual and mass record processing, erroneous Department of the Army SYSTEM NAME: record processing, report generation, Officer Personnel Management Privacy Act of 1974; System of Regular Army integration processing, Information System (OPMIS). Records Accessions Management Information SYSTEM LOCATION: Systems (AMIS) active record data, AGENCY: Department of the Army, DoD. ACTION: Notice to amend a system of Commander, U.S. Total Army Officer Record Brief (ORB) information records. Personnel Command, ATTN: TAPC- and strength data. Accessions OPD-S, Information Management Management Information Systems SUMMARY: The Department of the Army Officer, 200 Stovall Street, Alexandria, (AMIS) is used to manage Reserve is amending a system of records notice VA 22332–0414. Officer Training Corps (ROTC), U.S. in its existing inventory of record Military Academy (USMA), Officer systems subject to the Privacy Act of CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Candidate School (OCS), Judge 1974, (5 U.S.C. 552a), as amended. Individuals projected for entrance Advocate General Corps (JAG) Recalls, DATES: This proposed action will be Chaplains Corps, Warrant Officer and effective without further notice on July into the Active officer corps, active duty commissioned and warrant officers, Surgeon General Reserve officers 29, 1999, unless comments are received accessions. Accessions Management which result in a contrary officers in a separated or retired status, Information Systems (AMIS) data is determination. activated/mobilized U.S. Army Reserve and National Guard officers, and DoD stored on the Total Army Personnel ADDRESSES: Privacy Act Officer, Records civilians and military officers who serve Data Base - Active Officer. Some users Management Program Division, Army as rating officials on the Officer enter new accession data directly to the Records Management and Evaluation Reports (OERs) of Army Total Army Personnel Data Base - Declassification Agency, ATTN: TAPC- officers. PDD-RP, Stop C55, Ft. Belvoir, VA Active Officer via Accessions Management Information Systems 22060–5576. CATEGORIES OF RECORDS IN THE SYSTEM: (AMIS). For Reserve Officer Training FOR FURTHER INFORMATION CONTACT: Ms. The Total Army Personnel Data Base Corps (ROTC), and U.S. Military Janice Thornton at (703) 806–4390 or - Active Officer (TAPDB-AO) is the DSN 656–4390. active officer component data base of Academy (USMA) new accessions, data SUPPLEMENTARY INFORMATION: The Total Army Personnel Data Base. It is extracts are batch loaded to the Total Department of the Army systems of comprised of approximately 100 data Army Personnel Data Base - Active records notices subject to the Privacy tables containing the official automated Officer annually. Act of 1974, (5 U.S.C. 552a), as personnel records for active component Assignments and Training Selection amended, have been published in the Army officers. Data maintained in the for Reserve Officer Training Corps Federal Register and are available from Total Army Personnel Data Base - (ROTC) graduates contains selected the address above. Active Officer includes Social Security information from the Total Army

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Personnel Data Base - Active Officer maintained also includes schooling of systems of records notices also apply (TAPDB-AO), the cadet’s preference start/stop dates, degree level, to this system. statement for specialty (branch), duty educational discipline and Army duty POLICIES AND PRACTICES FOR STORING, and initial training; Reserve Forces duty positions. RETRIEVING, ACCESSING, RETAINING, AND or delay selection, Regular Army Army Education Requirements DISPOSING OF RECORDS IN THE SYSTEM: selection and branch selection. System (AERS) contains selected The Officer Evaluation Reporting information from the Total Army STORAGE: System (OERS) contains selected Personnel Data Base - Active Officer Electronically on computer magnetic information from the Total Army (TAPDB-AO) for officer and warrant tapes and disc. Personnel Data Base - Active Officer officer personnel who are serving or are RETRIEVABILITY: (TAPDB-AO); selection board status; projected to serve in an AERS approved By Social Security Number, name, or OER suspense indicator for action being position requiring graduate level other individual identifying taken to obtain missing or erroneous education. characteristics. OERs; selected information for each U.S. Army Military Academy (USMA) OER; and the name, Social Security Potential Instructor File contains SAFEGUARDS: Number, and rating history of each selected information from the OMF and Physical security devices, guards, individual, military and civilian, who the following information pertaining to computer hardware and software has served as the senior rating official previous, current, and potential features, and personnel clearances. for an active duty Army officer. instructors for the USMA teaching staff; Automated media and information are Total Officer Personnel Management academic department and projected protected by authorized user ids, Information System (TOPMIS) provides availability for USMA instructor duty. passwords for the system, a tiered the display and update of selected data This information is maintained in a system of security for access to officer on Total Army Personnel Data Base - local data base by the USMA data provided via Interactive Voice Active Officer (TAPDB-AO) and Distribution Account Manager in Officer Response Systems based on the comprises an extensive variety of Distribution Division, OPMD, TAPC- sensitivity of the data items provided, automated officer personnel OPD-O. management functions. These functions encryption of data transmitted via networks, controlled access to operator include, officer personnel record AUTHORITY FOR MAINTENANCE OF THE SYSTEM: display and update, requisition rooms and controlled output 5 U.S.C. 301, Departmental distribution. validation and processing, active officer Regulations; 10 U.S.C. 3013; and E.O. strength management, Officer 9397 (SSN). RETENTION AND DISPOSAL: Distribution Plan (ODP) goaling Records are retained on the active PURPOSE(S): management, officer asset reports, TAPDB-AO files for 4 months after centralized command slate Information is used for personnel separation. Historical TAPDB-AO development, assignment stabilization management strength accounting, records are retained dating back to FY break processing, electronic mail, manpower management, accessioning 1970. Accessions in AMIS are retained Officer Record Brief (ORB) display and and determining basic entry specialty on active file until effective date of interactive telephonic/voice response (branch) and initial duty assignments; accession and are then placed on a retrieval of selected information from tracking Officer Evaluation Reports, the history file for a period of 6 months. Total Army Personnel Data Base - rating history of senior rating official’s Records in the ROTC Graduate Active Officer (TAPDB-AO). rating history on individual OERs Assignment and Training Selection File Reserve Officer Training Corps producing reports on active duty are retained for approximately 400 days (ROTC) Instructor File contains selected officers who have served as senior rating after the file is created (approximately information from the Total Army officials; managing instructor December each year). Historic files for Personnel Data Base - Active Officer population at ROTC detachments and the OER system are kept for the life of (TAPDB-AO) and the following USMA; tracking information relating to the system. All other records are information pertaining to ROTC the Army Degree Completion Civil retained for active duty only until the instructors; ROTC detachment, duty School Program; transmitting necessary individual is released from active duty station, date assigned to ROTC assignment instructions. and then destroyed. There are still hard detachment, date projected to be copies in their Official Military reassigned. This information is ROUTINE USES OF RECORDS MAINTAINED IN THE maintained in a local data base by the SYSTEM, INCLUDING CATEGORIES OF USERS AND Personnel Files (OMPFs). THE PURPOSES OF SUCH USES: Cadet Command Distribution Account SYSTEM MANAGER(S) AND ADDRESS: Manager in Officer Distribution In addition to those disclosures Commander, U.S. Total Army Division, OPMD, TAPC-OPD-O. generally permitted under 5 U.S.C. Personnel Command, ATTN: TAPC- Advanced Civil Schools Management 552a(b) of the Privacy Act, these records OPD-S, Information Management Information System (ACSMIS) contains or information contained therein may Officer, 200 Stovall Street, Alexandria, selected information from the Total specifically be disclosed outside the VA 22332–0414. Army Personnel Data Base - Active DoD as a routine use pursuant to 5 Officer and the following information U.S.C. 552a(b)(3) as follows: NOTIFICATION PROCEDURE: concerning commissioned and warrant To the Social Security Administration Individuals seeking to determine officer personnel currently to verify Social Security Numbers. whether information about themselves participating, or who have previously To the Smithsonian Institution (The is contained in this system should participated, in one of the following: National Museum of American History): address written inquiries to the Army sponsored college degree Copy of the U.S. Army Active Duty Commander, U.S. Total Army Personnel completion program, Training With Register, for historical research purposes Command, ATTN: TAPC-OPD-S, Industry (TWI) program, special (not authorized for public display). Information Management Officer, 200 fellowship/scholarship programs, or the The ‘Blanket Routine Uses’ set forth at Stovall Street, Alexandria, VA 22332– fully funded degree program. Data the beginning of the Army’s compilation 0414.

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Individual should provide the full ACTION: Notice to amend record system. names; Social Security Numbers; dates name, Social Security Number, current of birth; next of kin information; address, and identify the specific SUMMARY: The Department of the Navy dependent information; addresses; category of record involved, whether proposes to amend a system of records telephone numbers; official titles; awaiting active duty, active retired, or notice in its inventory of record systems organization identification; invitations, separated and give return address. subject to the Privacy Act of 1974 (5 acceptances, regrets, protocol, and other Blanket requests for information from U.S.C. 552a), as amended. information associated with attendance this consolidated system will not be DATES: The amendment will be effective at functions; disability data; and locator accepted. If awaiting active duty, on July 29, 1999, unless comments are records of personnel attached to the specify the date thereof; if separated, received that would result in a contrary organization.’ individual must state date of separation. determination. * * * * * ADDRESSES: Send comments to the RECORD ACCESS PROCEDURES: Department of the Navy, PA/FOIA PURPOSE(S): Individuals seeking access to Policy Branch, Chief of Naval Delete entry and replace with ‘To information about themselves contained Operations (N09B30), 2000 Navy notify personnel of arrival of visitors; in this system should address written Pentagon, Washington, DC 20350–2000. recall personnel to duty station when inquiries to the Commander, U.S. Total FOR FURTHER INFORMATION CONTACT: Mrs. required; locate individuals on routine Army Personnel Command, ATTN: matters; provide mail distribution and TAPC-OPD-S, Information Management Doris Lama at (202) 685–6545 or DSN 325–6545. forwarding addresses; compile a social Officer, 200 Stovall Street, Alexandria, roster for official and non-official VA 22332–0414. SUPPLEMENTARY INFORMATION: The functions; send personal greetings and Individual should provide the full Department of the Navy’s record system invitations; and locate individuals name, Social Security Number, current notices for records systems subject to during medical emergencies, facility address, and identify the specific the Privacy Act of 1974 (5 U.S.C. 552a), evacuations, and similar threat category of record involved, whether as amended, have been published in the situations.’ Federal Register and are available from awaiting active duty, active retired, or * * * * * separated and give return address. the address above. Blanket requests for information from The Department of the Navy proposes SAFEGUARDS: this consolidated system will not be to amend a system of records notice in Delete entry and replace with accepted. If awaiting active duty, its inventory of record systems subject ‘Documents are marked ‘FOR OFFICIAL specify the date thereof; if separated, to the Privacy Act of 1974 (5 U.S.C. USE ONLY—PRIVACY SENSITIVE’ and individual must state date of separation. 552a), as amended. The changes to the are only distributed to those persons Selected data from the Total Army system of records are not within the having an official need to know. Personnel Data Base - Active Officer is purview of subsection (r) of the Privacy Computerized records are password also accessible to records subjects Act of 1974 (5 U.S.C. 552a), as amended, protected and only accessible by those through an Interactive Voice Response which requires the submission of new persons with an official need to know.’ or altered systems reports. The record Systems (IVRS). Access to the data made * * * * * available through the IVRS is controlled system being amended is set forth by a tiered security system which is below, as amended, published in its RECORD SOURCE CATEGORIES: based on the sensitivity of the data entirety. Delete entry and replace with being accessed. Dated: June 22, 1999. ‘Individual and records of the activity.’

CONTESTING RECORD PROCEDURES: L.M. Bynum, * * * * * Alternate OSD Federal Register Liaison The Army’s rules for accessing N05000±3 Officer, Department of Defense. records, and for contesting contents and SYSTEM NAME: appealing initial agency determinations N05300±1 are contained in Army Regulation 340– Organization Locator and Social 21; 32 CFR part 505; or may be obtained SYSTEM NAME: Roster. Organization Locator and Social from the system manager. SYSTEM LOCATION: Roster (February 22, 1993, 58 FR 10749). RECORD SOURCE CATEGORIES: Organizational elements of the From the individual, civilian CHANGES: Department of the Navy. Official Educational Institutions, Army records SYSTEM IDENTIFIER: mailing addresses are published as an and reports, other Federal, state, and appendix to the Navy’s compilation of Delete entry and replace with systems of records notices. local agencies and departments. ‘N05000–3’. CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: * * * * * SYSTEM: None. CATEGORIES OF INDIVIDUALS COVERED BY THE Military and civilian personnel [FR Doc. 99–16440 Filed 6–28–99; 8:45 am] SYSTEM: attached to the activity, Departments of BILLING CODE 5001±10±F Delete entry and replace with the Navy and Defense, or other ‘Military and civilian personnel government agencies; family members; attached to the activity, Departments of and guests or other invitees. DEPARTMENT OF DEFENSE the Navy and Defense, or other CATEGORIES OF RECORDS IN THE SYSTEM: Department of the Navy government agencies; family members; and guest or other invitees.’ Manual or mechanized records. Privacy Act of 1974; System of Includes information such as names, CATEGORIES OF RECORDS IN THE SYSTEM: Records addresses, telephone numbers; official Delete entry and replace with ‘Manual titles or positions and organizations; AGENCY: Department of the Navy, DoD. and automated records which include invitations, acceptances, regrets,

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Mexico, prepared for the proposed Regulations and E.O. 9397 (SSN). project in accordance with the National RECORD ACCESS PROCEDURES: PURPOSE(S): Environmental Policy Act. Individuals seeking access to To notify personnel of arrival of DATE: Comments are due to the address information about themselves contained below no later than July 15, 1999. visitors; recall personnel to duty station in this system should address written when required; locate individuals on ADDRESS: Comments should be inquiries to the Commanding officer of routine matters; provide mail addressed to: Elizabeth Withers, CT EIS the activity in question. Official mailing distribution and forwarding addresses; Document Manager, U.S. Department of addresses are published as an appendix compile a social roster for official and Energy, Los Alamos Area Office 528 to the Navy’s compilation of systems of non-official functions; send personal 35th Street, Los Alamos, New Mexico records notices. greetings and invitations; and locate 87544, PHONE: (505) 667–8690; FAX: individuals during medical CONTESTING RECORD PROCEDURES: (505) 665–4872. emergencies, facility evacuations, and The Navy’s rules for accessing The Draft Environmental Impact similar threat situations. records, and for contesting contents and Statement is available for review at the Los Alamos Outreach Center, 1619 ROUTINE USES OF RECORDS MAINTAINED IN THE appealing initial agency determinations are published in Secretary of the Navy Central Avenue, Los Alamos, New SYSTEM, INCLUDING CATEGORIES OF USERS AND Mexico 87544; and the Government THE PURPOSES OF SUCH USES: Instruction 5211.5; 32 CFR part 701; or Information Department, Zimmerman In addition to those disclosures may be obtained from the system manager. Library, University of New Mexico, generally permitted under 5 U.S.C. Albuquerque, New Mexico 87131. The 552a(b) of the Privacy Act, these records RECORD SOURCE CATEGORIES: Draft CT EIS is also available under the or information contained therein may Individual and records of the activity. NEPA Analysis Module of the DOE specifically be disclosed outside the NEPA Web Site at http://tis.eh.doe.gov/ DoD as a routine use pursuant to 5 EXEMPTIONS CLAIMED FOR THE SYSTEM: nepa/. U.S.C. 552a(b)(3) as follows: None. The ‘Blanket Routine Uses’ that FOR FURTHER INFORMATION ON THIS [FR Doc. 99–16441 Filed 6–28–99; 8:45 am] appear at the beginning of the Navy’s PROPOSED ACTION, CONTACT: Elizabeth compilation of systems of records BILLING CODE 5001±10±M Withers, CT EIS Document Manager, at notices apply to this system. the above listed address. FOR FURTHER INFORMATION ON GENERAL POLICIES AND PRACTICES FOR STORING, DEPARTMENT OF ENERGY DOE FLOODPLAIN/WETLANDS RETRIEVING, ACCESSING, RETAINING, AND ENVIRONMENTAL REVIEW REQUIREMENTS, DISPOSING OF RECORDS IN THE SYSTEM: Notice of Floodplain and Wetlands CONTACT: Carol M. Borgstrom, Director, STORAGE: Involvement for the Conveyance and Office of NEPA Policy and Assistance, Manual and automated records. Transfer of Certain Land Tracts EH–42, U. S. Department of Energy, Administered by the Department of 1000 Independence Avenue, SW, RETRIEVABILITY: Energy, Los Alamos National Washington, DC. 20585, (202) 586–4600 Name, Social Security Number, and/ Laboratory, New Mexico or (800) 472–2756. or organization code. AGENCY: Los Alamos Area Office, SUPPLEMENTARY INFORMATION: In SAFEGUARDS: Department of Energy (DOE). compliance with the requirements of Documents are marked ‘FOR ACTION: Notice of floodplain and Pub. L. 105–119, DOE is proposing to OFFICIAL USE ONLY—PRIVACY wetlands involvement. convey and transfer ten (10) tracts of SENSITIVE’ and are only distributed to land, totaling about 4,800 acres, to the those persons having an official need to SUMMARY: In compliance with the Incorporated County of Los Alamos, and know. Computerized records as requirements of Public Law 105–119, to the Secretary of the Interior in trust password protected and only accessible DOE proposes to convey to the for San Ildefonso Pueblo. Six (6) of the by those persons with an official need Incorporated County of Los Alamos, and ten tracts encompass wetlands and to know. transfer to the Secretary of the floodplains within their boundaries: the Department of the Interior in trust for Rendija Canyon Tract, TA–21 Tract, RETENTION AND DISPOSAL: San Ildefonso Pueblo, ten (10) tracts of Airport Tract, White Rock ‘‘Y’’ Tract, Records are destroyed upon update of land located at Los Alamos National TA–74 Tract and the White Rock Tract. roster to add/delete individuals who Laboratory in Los Alamos, New Mexico. These tracts are located within or have arrived/departed the organization. The conveyance and transfer involves contain portions of Rendija Canyon, DP SYSTEM MANAGER(S) AND ADDRESS: about 4,800 acres located within various Canyon, Los Alamos Canyon, Bayo/ Commanding officer of the activity in canyon systems and over several mesa Pueblo Canyons confluence, and in question. Official mailing addresses are tops. Some of these tracts encompass Canada del Buey. Future use of the published as an appendix to the Navy’s floodplains and wetlands located in Los tracts as established by Pub. L. 105–119 compilation of systems of records Alamos and Santa Fe Counties, New is limited to historic, cultural, or notices. Mexico. environmental preservation, economic In accordance with 10 CFR part 1022, diversification, and community self- NOTIFICATION PROCEDURE: DOE has prepared a floodplain and sufficiency purposes. The two named Individuals seeking to determine wetlands assessment. This assessment is recipients identified their contemplated whether information about themselves included as part (Appendix D) of the uses of the tracts as follows:

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Rendija Canyon Tract (about 910 Improvements, and Establish Variance 7:15 p.m. Sub Committee Reports acres)—environmental preservation Regulations for Cases Where There Isn’t 8:15 p.m. Administrative Issues (including recreational use) and an Ability to Comply with Adopted 8:30 p.m. Adjourn residential development or cultural Standards,’’ and 1996–1 ‘‘Flood preservation. Hazards.’’ Copies of the final agenda will be TA–21 Tract (about 260 acres)— A floodplain statement of findings available at the meeting. commercial and industrial will be published in the Final Public Participation: The meeting is development. Environmental Impact Statement for the open to the public. Written statements Airport Tract (about 205 acres)— Conveyance and Transfer of Certain may be filed with the Committee either commercial and industrial development Land Tracts Administered by the before or after the meeting. Individuals or commercial development. Department of Energy and Located at who wish to make oral statements White Rock ‘‘Y’’ Tract (about 540 Los Alamos National Laboratory, Los pertaining to agenda items should acres)—environmental preservation or Alamos and Santa Fe Counties, New contact John D. Sheppard at the address cultural preservation. Mexico in accordance with the National or telephone number listed above. TA–74 Tract (about 2715 acres)— Environmental Policy Act. The Requests must be received 5 days prior cultural preservation or environmental anticipated issuance date for the Final to the meeting and reasonable provision preservation. White Rock Tract (about 100 acres)— Environmental Impact Statement is will be made to include the presentation cultural preservation and commercial August 1999. Notice of its availability in the agenda. The Deputy Designated development or commercial and will be announced in the Federal Federal Official is empowered to residential development. Register. conduct the meeting in a fashion that Each of these tracts may have existing Issued in Los Alamos, NM on June 16, will facilitate the orderly conduct of or future infrastructure uses that include 1999. business. Each individual wishing to utility lines, utility support structures, David A. Gurule´, make public comment will be provided a maximum of 5 minutes to present water supply wells, storage tanks or Area Manager, U.S. Department of Energy, structures, water or effluent treatment Los Alamos Area Office. their comments as the first item of the meeting agenda. structures and transportation routes. [FR Doc. 99–16517 Filed 6–28–99; 8:45 am] The proposed action encompasses Minutes: The minutes of this meeting BILLING CODE 6450±01±P floodplains and wetlands because Pub. will be available for public review and L. 105–119 requires DOE to identify copying at the Freedom of Information land that may meet the criteria DEPARTMENT OF ENERGY Public Reading Room, 1E–190, Forrestal established by the Law. The suitability Building, 1000 Independence Avenue, criteria does not exclude land Environmental Management Site- SW, Washington, DC 20585 between 9 containing wetland and floodplain Specific Advisory Board, Paducah a.m. and 4 p.m., Monday-Friday, except areas; therefore, potentially suitable Gaseous Diffusion Plant Federal holidays. Minutes will also be land in wetland and floodplain areas available at the Department of Energy’s AGENCY: was included in the tracts DOE Department of Energy (DOE). Environmental Information Center and identified for possible conveyance and ACTION: Notice of open meeting. Reading Room at 175 Freedom transfer. The conveyance or transfer of SUMMARY: This notice announces a Boulevard, Highway 60, Kevil, each tract, in whole or in part, meeting of the Environmental Kentucky between 8:00 a.m. and 5:00 constitutes DOE’s Proposed Action Management Site-Specific Advisory p.m. on Monday thru Friday or by Alternative. The only alternative to the Board (EM SSAB), Paducah Gaseous writing to John D. Sheppard, proposed action considered is the No Diffusion Plant. The Federal Advisory Department of Energy Paducah Site Action Alternative. The proposed action Committee Act (Pub. L. 92–463, 86 Stat. Office, Post Office Box 1410, MS–103, of conveying or transferring each of the 770) requires that public notice of these Paducah, Kentucky 42001 or by calling tracts, either in whole or in part, meetings be announced in the Federal him at (502) 441–6804. conforms to applicable State or local Register. Issued at Washington, DC on June 21, 1999 floodplain protection standards. DATES: Thursday, July 15, 1999: 5:30 Rachel M. Samuel, Contemplated use of the tracts as p.m.–8:30 p.m. Deputy Advisory Committee Management articulated to DOE by the named ADDRESSES: Paducah Officer. recipients would also conform to Park Resource Center, 2000 McCracken [FR Doc. 99–16516 Filed 6–28–99; 8:45 am] applicable State or local floodplain Boulevard Paducah, Kentucky protection standards. Both Los Alamos BILLING CODE 6450±01±P OTHER INFORMATION CONTACT: John D. and Santa Fe Counties have protective Sheppard, Site Specific Advisory Board ordinances pertaining to flood damage Coordinator, Department of Energy DEPARTMENT OF ENERGY prevention that is inclusive of language Paducah Site Office, Post Office Box requiring new construction to be placed 1410, MS–103, Paducah, Kentucky Federal Energy Regulatory outside of floodplains. The pertinent 42001, (502) 441–6804. Commission Los Alamos County Code Ordinance is: SUPPLEMENTARY INFORMATION: Purpose of 85–70 ‘‘An Ordinance Repealing [Docket No. CP99±557±000] Chapter 15.16 of the Los Alamos County the Board: The purpose of the Board is to make recommendations to DOE and Code Adopting a New Chapter 17.70 Columbia Gas Transmission its regulators in the areas of Pertaining to Flood Damage Corporation; Notice of Application prevention.’’ The pertinent Santa Fe environmental restoration and waste County Code Ordinances are: 1988–1 management activities. June 23, 1999. ‘‘An Ordinance to Establish Regulations Tentative Agenda: Take notice that on June 15, 1999, for Development in Flood Hazard Areas, 5:30 p.m. Call to order/Discussion Columbia Gas Transmission Corporation Set Minimum Floor Elevations for 6:00 p.m. Approve Meeting Minutes (Columbia), 1700 MacCorkle Ave, SE, Compliance, Define Flood Plains, 6:05 p.m. Public Comment/Questions Charleston, WV 25314, tendered for Address Required Building 6:30 p.m. Presentations filing in Docket No. CP99–557–000 an

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34796 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices application, pursuant to Section 7(b) of Commission or its designee on this to intervene or protest with the Federal the Natural Gas Act and Part 157 of the application if no motion to intervene is Energy Regulatory Commission, 888 Commission’s Regulations seeking filed within the time required herein, if First Street, NE, Washington, DC 20426, permission and approval to abandon by the Commission on its own review of in accordance with Rules 211 and 214 sale 1.9 Bcf of base gas in Columbia’s the matter finds that a grant of the of the Commission’s Rules of Practice Lucas Storage Field (Lucas Field) abandonment is required by the public and Procedure (18 CFR 385.211 and located in Ashland and Richland convenience and necessity. If a motion 385.214). All such motions and protests Counties, Ohio, all as more fully set for leave to intervene is timely filed, or should be filed on or before July 6, 1999. forth in the application which is on file if the Commission on its own motion Protests will be considered by the with the Commission and open to believes that a formal hearing is Commission to determine the public inspection. This filing may be required, further notice of such hearing appropriate action to be taken, but will viewed on the web at http://www.ferc/ will be duly given. not serve to make protestants parties to online/rims.htm (call 202–208–2222 for Under the procedure herein provided the proceedings. Any person wishing to assistance). for, unless otherwise advised, it will be become a party must file a motion to Columbia states that operational unnecessary for Columbia to appear or intervene. Copies of this filing are on efficiencies within the Lucas Field have be represented at the hearing. file with the Commission and are reduced the need to maintain the David P. Boergers, available for public inspection. This historic levels of base gas in Lucas Secretary. filing may also be viewed on the Field. Columbia further states that the [FR Doc. 99–16450 Filed 6–28–99; 8:45 am] Internet at http://www.ferc.fed.us/ disposition of proceeds from the BILLING CODE 6717±01±M online/rims/htm (call 202–208–2222 for proposed sale of the base gas will be assistance). made pursuant to Section C. of Article David P. Boergers, IV, of Stipulation II of the Settlement in DEPARTMENT OF ENERGY Secretary. Docket No. RP95–408 Columbia Gas [FR Doc. 99–16448 Filed 6–28–99; 8:45 am] Transmission Corp., 79 FERC ¶ 61,044 Federal Energy Regulatory BILLING CODE 6717±01±M (1997). Commission Any questions regarding the [Docket No. ER99±3253±000] application should be directed to either DEPARTMENT OF ENERGY Ronald L. Binford at (304) 357–2489 Mid-Continent Area Power Pool; Notice (voice) 357–2926 (fax) or Fredric J. of Filing Federal Energy Regulatory George at (304) 357–2359 (voice) (304) Commission 357–3206 (fax), Columbia Gas June 21, 1999. Transmission Corporation, P.O. Box Take notice that on June 15, 1999, the [Docket No. CP99±558±000] 1273; Charlestown, West Virginia Mid-Continent Area Power Pool National Fuel Gas Supply Corporation; 25325–1273. (MAPP), on behalf of its public utility Notice of Application Any person desiring to participate in members, filed short-term firm and non- the hearing process or to make any firm service agreements under MAPP June 23, 1999. protest with reference to said Schedule F with AES Power, Take notice that on June 15, 1999, application should on or before July 14, Incorporated; Ameren Services National Fuel Gas Supply Corporation 1999, file with the Federal Energy Company; Ames Municipal Electric (National Fuel), 10 Lafayette Square, Regulatory Commission, Washington, System; Basin Electric Power Buffalo, New York 14203, field in DC 20426, a motion to intervene or a Cooperative (Basin Electric); Central Docket No. CP99–558–000 an protest in accordance with the Iowa Power Cooperative; Conagra application pursuant to Section 7(b) of requirements of the Commission’s Rules Energy Services, Inc.; GEN–SYS Energy; the Natural Gas Act for permission and of Practice and Procedure (18 CFR Great River Energy; Koch Energy approval to abandon the storage service 385.214 or 385.211) and the Regulations Trading, Incorporated; Lincoln Electric it provides to Colonial Gas Company under the Natural Gas Act (18 CFR System (LES); Madison Gas and Electric (Colonial) and Boston Gas Company 157.10). All protests filed with the Company; Minnesota Municipal (Boston Gas) under its SS–1 and SS–2 Commission will be considered in Utilities Association; Minnesota Power; Rate Schedules, all as more fully set determining the appropriate action to be Minnkota Power Cooperative, forth in the application on file with the taken but will not serve to make the Incorporated; Missouri River Energy Commission and open to public protestants parties to the proceeding. Services; Northern AES; Rainbow inspection. This filing may be viewed The Commission’s rules require that Energy Marketing Corporation; on the web at http://www.ferc.fed.us/ protestors provide copies of their Rochester Public Utilities; Southern online/rims.htm (call 202–208–2222 for protests to the party or person to whom Minnesota Municipal Power Agency; St. assistance). the protests are directed. Any person Joseph Light & Power Company; Specifically, National Fuel seeks wishing to become a party to a Tenaska Power Services Co.; and permission and approval to abandon the proceeding or to participate as a party TransCanada Power. MAPP also filed, storage service it provides to Colonial in any hearing therein must file a on behalf of its public utility members, under National Fuel’s SS–1 Rate motion to intervene in accordance with service specifications for long-term Schedule, and Boston Gas under the Commission’s Rules. service under Schedule F with Basin National Fuel’s SS–2 Rate Schedule, Take further notice that, pursuant to Electric; Interstate Power Company— effective April 1, 2000. National Fuel the authority contained in and subject to Marketing; LES; MidAmerican Energy states that both customers, as provided the jurisdiction conferred upon the Company; Nebraska Public Power in their service agreements, submitted Federal Energy Regulatory Commission District; Wisconsin Power & Light written notice of termination to National by Sections 7 and 15 of the Natural Gas Company—Bulk Power Marketing; and Fuel, effective at the end of the gas day Act and the Commission’s Rules of Wisconsin Public Power, Inc. on March 31, 2000. Practice and Procedure, a hearing will Any person desiring to be heard or to Any questions regarding the be held without further notice before the protest such filing should file a motion application should be directed to David

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W. Reitz at (716) 857–7949, National Federal Energy Regulatory Commission exchange agreements with other Fuel Gas Supply Corporation, 10 (FERC) on December 7, 1994, Docket utilities. The other two projects (Sam Lafayette Square, Buffalo, New York No. EF94–4021–000. These rates were Rayburn and Robert Douglas Willis) are 14203. effective October 1, 1994, through not interconnected with Southwestern’s Any person desiring to be heard or to September 30, 1998. On August 14, Integrated System. Instead, their power make protest with reference to said 1998, the Deputy Secretary of Energy is marketed under separate contracts application should on or before July 14, approved a one-year extension of the through which two customers purchase 1999, file with the Federal Energy Sam Rayburn Dam rate schedule for the the entire power output of each of the Regulatory Commission, 888 First period October 1, 1998 through projects at the dams. Street, NE., Washington, DC 20426, a September 30, 1999. The Administrator, Following DOE Order Number RA motion to intervene or a protest in Southwestern, has prepared Current and 6120.2, the Administrator, accordance with the requirements of the Revised 1999 Power Repayment Studies Southwestern, prepared a 1999 Current Commission’s Rules of Practice and for the Sam Rayburn Dam Project which Power Repayment Study (PRS) using the Procedure (18 CFR 385.214 or 385.211) show the need for a minor rate existing Sam Rayburn Dam Project rate and the Regulations under the Natural adjustment of $4,692 (0.2 percent schedule. This PRS, like the previous Gas Act (18 CFR 157.10). All protests increase) in annual revenues. In year’s, includes estimates for both filed with the Commission will be accordance with Southwestern’s rate Southwestern’s and the Corps’ portions considered by it in determining the adjustment threshold, dated June 23, of the unfunded Civil Service appropriate action to be taken but will 1987, the Administrator, Southwestern, Retirement Service and post retirement not serve to make the protestants parties may determine, on a case by case basis, life/health costs. The PRS shows the to the proceeding. Any person wishing that for a revenue decrease or increase cumulative amortization through FY to become a party to a proceeding or to in the magnitude of two percent, 1998 at $12,339,699 on a total participate as a party in any hearing deferral of a formal rate filing is in the investment of $25,734,878. The FY 1999 therein must file a motion to intervene best interest of the Government. The Revised PRS indicates the need for an in accordance with the Commission’s Secretary of Energy has the authority to increase in annual revenues of $4,692, Rules. extend rates, previously confirmed and or 0.2 percent. Take further notice that, pursuant to approved by FERC, on an interim basis, As a matter of practice, Southwestern the authority contained in and subject to pursuant to 10 CFR 903.22(h) and would defer an indicated rate the jurisdiction conferred upon the 903.23(a)(3). In accordance with adjustment that falls within Federal Energy Regulatory Commission Department of Energy (DOE) rate Southwestern’s plus-or-minus two by Sections 7 and 15 of the Natural Gas extension authority and Southwestern’s percent rate adjustment threshold. The Act and the Commission’s Rules of rate adjustment threshold, the threshold was developed to add Practice and Procedure, a hearing will Administrator is proposing that the rate efficiency to the process of maintaining be held without further notice before the adjustment be deferred and that the adequate rates and is consistent with Commission or its designee on this current rates be extended for a one-year cost recovery criteria within DOE Order application if no motion to intervene is period effective through September 30, Number RA 6120.2 regarding rate filed within the time required herein, if 2000. adjustment plans. The Sam Rayburn Dam Project’s FY 1998 (last year’s) PRS the Commission on its own review of DATES: Written comments are due on or concluded that the annual revenues the matter finds that permission and before July 29, 1999. needed to be decreased by 0.2 percent. approval for the proposed abandonment FOR FURTHER INFORMATION CONTACT: At that time, it was determined prudent are required by the public convenience Forrest E. Reeves, Assistant to defer the decrease in accordance with and necessity. If a motion for leave to Administrator, Office of Corporate the established threshold and the intervene is timely filed, or if the Operations, Southwestern Power current rate schedule was continued for Commission on its own motion believes Administration, Department of Energy, one year. It once again seems prudent to that a formal hearing is required, further P.O. Box 1619, Tulsa, Oklahoma 74101, defer this rate adjustment of 0.2 percent, notice of such hearing will be duly (918) 595–6696, [email protected]. or $4,692 per year in accordance with given. SUPPLEMENTARY INFORMATION: The U.S. Southwestern’s rate adjustment Under the procedure herein provided Department of Energy was created by an threshold and reevaluate the ability of for, unless otherwise advised, it will be Act of the U.S. Congress, Department of the existing rate to provide sufficient unnecessary for National Fuel to appear Energy Organization Act, Pub. L. 95–91, revenues to satisfy costs projected in the or be represented at the hearing. dated August 4, 1977, and FY 2000 (next year’s) PRS. David P. Boergers, Southwestern’s power marketing On December 7, 1994, the current rate Secretary. activities were transferred from the schedule for the Sam Rayburn Dam [FR Doc. 99–16449 Filed 6–28–99; 8:45 am] Department of the Interior to the Project was confirmed and approved by BILLING CODE 6717±01±M Department of Energy, effective October the FERC on a final basis for a period 1, 1977. that ended September 30, 1998. In Southwestern markets power from 24 accordance with 10 CFR 903.22(h) and DEPARTMENT OF ENERGY multiple-purpose reservoir projects with 903.23(a)(3), the Secretary may extend power facilities constructed and existing rates on an interim basis Southwestern Power Administration operated by the U.S. Army Corps of beyond the period specified by the Engineers. These projects are located in Sam Rayburn Dam Project Power Rate FERC. the States of Arkansas, Missouri, As a result of the benefits obtained by AGENCY: Southwestern Power Oklahoma and Texas. Southwestern’s a rate adjustment deferral (reduced Administration, DOE. marketing area includes these states Federal expense and rate stability) and ACTION: Notice of proposed extension. plus Kansas and Louisiana. Of the total, the Secretary’s authority to extend a 22 projects comprise an Integrated previously approved rate, SUMMARY: The Current Sam Rayburn System and are interconnected through Southwestern’s Administrator is Dam Project rate was approved by the Southwestern’s transmission system and proposing to extend the current Sam

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Rayburn Dam Project rate schedule. The Climate Change Subcommittee is (GMP) Citizens Advisory Committee schedule is to be effective for the one- scheduled to meet from 1 p.m. to 4 p.m.; (CAC). year period beginning October 1, 1999, the Economics Incentives and DATES: The CAC meeting will be held on and extending through September 30, Regulatory Innovations Subcommittee is Thursday, July 29, 1999 from 1:00 p.m. 2000. scheduled to meet from 4 p.m. to 6 p.m.; to 5:30 p.m. and on Friday, July 30, Opportunity is presented for the Permits/NSR/Toxics Subcommittee 1999 from 8:30 a.m. to 3:00 p.m. customers and interested parties to is scheduled to meet from 5:30 p.m. to ADDRESSES: The meeting will be held at receive copies of the study data for the 7:30 p.m.; and the Linking the River House Conference Facility, Sam Rayburn Dam Project. If you desire Transportation Land Use and Air a copy of the Repayment Study data Stennis Space Center, Mississippi (228) Quality Subcommittee is scheduled to 688–7618. package for the Sam Rayburn Dam meet from 7 p.m. to 10 p.m. All Project, please submit your request to: subcommittee meetings will be held at FOR FURTHER INFORMATION CONTACT: Mr. Forrest E. Reeves, Assistant the Washington Marriott Hotel, the same Gloria D. Car, Designated Federal Administrator, Office of Corporate location as the full Committee. Officer, Gulf of Mexico Program Office, Building 1103, Room 202, Stennis Space Operations, P.O. Box 1619, Tulsa, OK INSPECTION OF COMMITTEE DOCUMENTS: 74101, call (918) 595–6696 or e-mail Center, MS 39529–6000 at (228) 688– The Committee agenda and any 2421. [email protected]. documents prepared for the meeting Following review of the written will be publicly available at the SUPPLEMENTARY INFORMATION: Proposed comments (absent any substantive meeting. Thereafter, these documents, agenda items will include: Watershed reasons to do otherwise), the together with CAAAC meeting minutes, Targeting, Coastal Sewage Initiative Administrator will submit the rate will be available by contacting the Discussion, Membership & Attendance extension proposal for the Sam Rayburn Office of Air and Radiation Docket and Follow-up, GMP Project Presentations, Dam Project to the Secretary of Energy requesting information under docket and Ecoventures Project Presentation. for confirmation and approval. item A–94–34 (CAAAC). The Docket The meeting is open to the public. Dated: June 16, 1999. office can be reached by telephoning Dated: June 21, 1999. Michael A. Deihl, 202–260–7548; FAX 202–260–4400. James D. Giattina, Administrator. For Further Information concerning Director, Gulf of Mexico Program Office. [FR Doc. 99–16518 Filed 6–28–99; 8:45 am] this meeting of the full CAAAC, please [FR Doc. 99–16539 Filed 6–28–99; 8:45 am] BILLING CODE 6450±01±P contact Paul Rasmussen, Office of Air BILLING CODE 6560±50±P and Radiation, US EPA (202) 260–6877, FAX (202) 260–8509 or by mail at US ENVIRONMENTAL PROTECTION EPA, Office of Air and Radiation (Mail ENVIRONMENTAL PROTECTION AGENCY code 6102), 401 M St. S.W. Washington, AGENCY D.C. 20460. For information on the [FRL±6369±3] Subcommittee meetings, please contact [FRL±6368±9] Clean Air Act Advisory Committee, the following individuals: (1) Energy, Notice of Proposed Purchaser Notice of Meeting Clean Air and Climate Change—Anna Agreement Pursuant to the Garcia, 202–564–9492; (2) Permits/NSR/ Comprehensive Environmental SUMMARY: The Environmental Protection Toxics Integration—Debbie Stackhouse, Response, Compensation and Liability Agency (EPA) established the Clean Air 919 541–5354; (3) Economic Incentives Act of 1980, as Amended by the Act Advisory Committee (CAAAC) on and Regulatory Innovations—Carey Superfund Amendments and November 19, 1990, to provide Fitzmaurice, 202–260–7433; and (4) Reauthorization Act independent advice and counsel to EPA Linking Transportation Land Use and on policy issues associated with Air Quality Concerns—Gay MacGregor, AGENCY: Environmental Protection implementation of the Clean Air Act of 734–668–4438. Agency. 1990. The Committee advises on Dated: June 17, 1999. ACTION: Notice; request for public economic, environmental, technical Robert D. Brenner, comment. scientific, and enforcement policy Acting Assistant Administrator for Air and issues. SUMMARY: Radiation. In accordance with the OPEN MEETING NOTICE: Pursuant to 5 Comprehensive Environmental [FR Doc. 99–16540 Filed 6–28–99; 8:45 am] U.S.C. App. 2 Section 10(a)(2) notice is Response, Compensation, and Liability hereby given that the Clean Air Act BILLING CODE 6560±50±M Act of 1980, as amended by the Advisory Committee will hold its next Superfund Amendments and open meeting on Tuesday, July 27, 1999, ENVIRONMENTAL PROTECTION Reauthorization Act of 1986 from approximately 8:30 a.m. to 3:30 AGENCY (‘‘CERCLA’’), 42 U.S.C. 9601–9675, p.m. at the Washington Marriott Hotel, notice is hereby given that a proposed 1221 22rd Street, N.W., Washington, purchaser agreement (‘‘Purchaser D.C. Seating will be available on a first [FRL±6369±2] Agreement’’) associated with the come, first served basis. The CAAAC’s Gulf of Mexico Program's Citizens Warwick Township Creek Road four Subcommittees (The Energy, Clean Advisory Committee Meeting Superfund Site (‘‘Site’’) in Warwick Air and Climate change Subcommittee; Township, Bucks County, Pennsylvania, Linking Energy, Land Use, AGENCY: U.S. Environmental Protection was executed by the United States Transportation, and Air Quality Agency (US EPA). Environmental Protection Agency Concerns Subcommittee; the Permits/ ACTION: Notice of meeting. (‘‘EPA’’ or ‘‘Agency’’) and the NSR/Toxics Integration Subcommittee; Department of Justice and is now and the Economic Incentives and SUMMARY: Under the Federal Advisory subject to public comment, after which Regulatory Innovations Subcommittee) Act, P.L. 92463, EPA gives notice of a the United States may modify or will hold meetings on July 26. The meeting of the Gulf of Mexico Program withdraw its consent if comments

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34799 received disclose facts or considerations Environmental Protection Agency, 1650 FOR FURTHER INFORMATION CONTACT: For which indicate that the Purchaser Arch Street, Philadelphia, PA 19103, additional information or copies of the Agreement is inappropriate, improper, Phone: (215) 814–2618. information collections contact Les or inadequate. The Purchaser Dated: June 21, 1999. Smith at (202) 418–0217 or via the Agreement will resolve certain potential W. Michael McCabe, Internet at [email protected]. EPA claims under Sections 106 and 107 Regional Administrator, U.S. Environmental SUPPLEMENTARY INFORMATION: of CERCLA, 42 U.S.C. 9606 and 9607, Protection Agency, Region III. OMB Approval Number: 3060–0209. against LC Associates, L.P., General [FR Doc. 99–16535 Filed 6–28–99; 8:45 am] Title: Section 73.1920 Personal Land Partners, Inc., Heritage Creek attacks. BILLING CODE 6560±50±P Associates, L.P. and Heritage Creek Form Number: None. Associates, Inc. (referred to herein Type of Review: Extension of a collectively as the ‘‘Purchaser’’). The currently approved collection. property subject to the Purchaser FEDERAL COMMUNICATIONS Respondents: Business or other for- Agreement is located at the 13 acre +/ COMMISSION profit, not-for-profit institutions. ¥Warwick Township Creek Road Number of Respondents: 698 AM/FM/ Superfund Site. The town of Hartsville, Notice of Public Information TV stations. Pennsylvania is situated west of the Collection(s) Being Reviewed by the Estimated Time Per Response: 30 Site. A small stream, which is a Federal Communications Commission minutes. tributary to the Little Neshaminy Creek for Extension Under Delegated Frequency of Response: Reporting, on and the Little Neshaminy Creek are Authority. occasion. located in the area. Total Annual Burden: 349 hours. The Property was used primarily for June 22, 1999. Total Annual Cost: $0. farming, however, a portion of the SUMMARY: The Federal Communications Needs and Uses: During the Property was utilized as an auto-body, Commission, as part of its continuing presentation of views on a controversial sandblasting, automotive and swimming effort to reduce paperwork burden issue of public importance, an attack pool painting operation. On or about invites the general public and other may be made upon the honesty, January 1997, EPA initiated a response Federal agencies to take this character, integrity, or like personal action at the Site. EPA removed opportunity to comment on the qualities of an identified person or numerous drums, containers and following information collection(s), as group. Section 73.1920 requires that a contaminated soil. Hazardous required by the Paperwork Reduction licensee of a broadcast station must substances released at the Site include Act of 1995, Pub. L. 104–13. An agency transmit to the person or group attacked polychlorinated biphenyls (‘‘PCBs’’) and may not conduct or sponsor a collection a notification of the date, time and lead. The Purchaser intends to construct of information unless it displays a identification of the broadcast of a a golf course on the Site. currently valid control number. No personal attack, a script or tape of the For fifteen (15) days following the person shall be subject to any penalty attack, and an offer of a reasonable date of publication of this notice, the for failing to comply with a collection opportunity to respond to the attack Agency will receive written comments of information subject to the Paperwork over the licensee’s facilities. This data is relating to the proposed Purchaser Reduction Act (PRA) that does not used to notify a person or group that a Agreement. The Agency’s response to display a valid control number. personal attack has been made and to any comments received will be available Comments are requested concerning (a) afford that person or group attacked an for public inspection at the U.S. whether the proposed collection of opportunity to respond to the attack Environmental Protection Agency, information is necessary for the proper over the licensee’s facilities. performance of the functions of the Region III, 1650 Arch Street, Federal Communications Commission. Philadelphia, PA 19103. Commission, including whether the Magalie Roman Salas, DATES: Comments must be submitted on information shall have practical utility; Secretary. or before July 14, 1999. (b) the accuracy of the Commission’s [FR Doc. 99–16483 Filed 6–28–99; 8:45 am] ADDRESSES: Availability: The proposed burden estimate; (c) ways to enhance Purchaser Agreement and additional the quality, utility, and clarity of the BILLING CODE 6712±01±P background information relating to the information collected; and (d) ways to proposed Purchaser Agreement are minimize the burden of the collection of information on the respondents, FEDERAL COMMUNICATIONS available for public inspection at the COMMISSION U.S. Environmental Protection Agency, including the use of automated Region III, 1650 Arch Street, collection techniques or other forms of [DA 99±809] Philadelphia, PA 19103. A copy of the information technology. proposed Purchaser Agreement may be DATES: Written comments should be List of Foreign Telecommunications obtained from Suzanne Canning, U.S. submitted on or before August 30, 1999. Carriers that are Presumed To Possess Environmental Protection Agency, If you anticipate that you will be Market Power in Foreign Regional Docket Clerk (3RC00), 1650 submitting comments, but find it Telecommunications Markets Arch Street, Philadelphia, PA 19103. difficult to do so within the period of AGENCY: Federal Communications Comments should reference the time allowed by this notice, you should Commission ‘‘Warwick Township Creek Road Site advise the contact listed below as soon ACTION: Notice. Prospective Purchaser Agreement’’ and as possible. ‘‘EPA Docket No. III–CERC–PPA–99– ADDRESSES: Direct all comments to Les SUMMARY: This document contains a list 05,’’ and should be forwarded to Smith, Federal Communications of carriers that are presumed to possess Suzanne Canning at the above address. Commissions, Room 1 A–804, 445 market power in foreign FOR FURTHER INFORMATION CONTACT: Twelfth Street, S.W., Washington, DC telecommunications markets. Carriers Benjamin Cohan (3RC41), Senior 20554 or via the Internet to will be precluded from exchanging Assistant Regional Counsel, U.S. [email protected]. traffic outside of the international

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34800 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices settlements policy with carriers on the presumption that a foreign carrier does possess market power in the foreign list unless otherwise allowed by the not possess market power on the foreign market. rules. The Commission developed this end of a U.S. international route if it The following list specifies particular list to provide carriers with a means of possesses less than 50 percent market foreign carriers that do not qualify for identifying carriers that lack market share in each of three relevant foreign this presumption. The list is based on power in the foreign market. product markets: international transport publicly available information, FOR FURTHER INFORMATION CONTACT: facilities, including cable landing compiled from official sources, Robert McDonald, Attorney-Advisor, station access and backhaul facilities; including the International Policy and Facilities Branch, intercity facilities and services; and Telecommunication Union. Interested Telecommunications Division, local access facilities and services on parties may challenge the inclusion or International Bureau, (202) 418–1470. the foreign end. exclusion of any carrier on the list by SUPPLEMENTARY INFORMATION: The Commission stated that it would submitting a petition for declaratory Released: May 6, 1999. issue a list of carriers that do not qualify ruling and the appropriate supporting documentation to demonstrate that a In the 1998 Biennial Regulatory for this presumption. U.S. international Review—Reform of the International carriers would be precluded from carrier included on the list lacks market Settlements Policy and Associated exchanging traffic outside of the ISP power or that a carrier not included Filing Requirements, IB Docket No. 98– with carriers on the list unless does not lack market power. This list 148 and CC Docket No. 90–337, Report otherwise allowed. U.S.-authorized applies only for purposes of and Order and Order on carriers would also be precluded from determining those foreign carriers that Reconsideration FCC 99–73 (released agreeing to accept special concessions are subject to our ISP, our rules on May 6, 1999 and published elsewhere in (as defined in Section 63.14 of the providing switched services over private this issue), the Federal Communications Commission’s rules) from carriers on the lines, and the No Special Concessions Commission (Commission) modified its list unless otherwise allowed under the rule. It does not apply for purposes of rules to remove its requirement that Commission’s rules. The Commission market power determination under agreements between U.S. found that this approach best advances Sections 63.10 (Regulatory classification telecommunications carriers and foreign the policy of allowing U.S. carriers to of international carriers) or 63.18 carriers that lack market power in the enter into arrangements with foreign (Contents of applications for foreign telecommunications market carriers that lack market power with a international common carriers). conform to the Commission’s minimum of regulatory oversight, while The list below will be posted on the international settlements policy (ISP). maintaining the ISP for certain International Bureau’s World Wide Web The Commission’s rules include a arrangements with foreign carriers that site. (http://www.fcc.gov/ib).

Destination market Dominant operators

Afghanistan: ...... Cable Alcao Kabul. Albania ...... Albania Telecom. Algeria ...... MinisteÂre des Postes et TeÂleÂcommunications (MPT). ...... Angola Telecom. Antigua and Barbuda ...... Cable & Wireless. Argentina ...... Telintar. Armenia ...... Armentel. Australia ...... Telstra. Austria ...... Post and Telekom Austria AG (PTA). Azerbaijan ...... Ministry of Communication. Bahamas ...... Bahamas Telecommunications Corporation (Batelco). Bahrain ...... Bahrain Telecommunications Company (BATELCO). Bangladesh ...... Bangladesh Telegraph & Telephone Board. Barbados ...... Barbados External Telecommunications Ltd. (BET). Belarus ...... Beltelecom. Belgium ...... Belgacom. Belize ...... Belize Telecommunications Ltd. Benin ...... Office des postes et teÂleÂcommunications (OPT). Bermuda ...... Cable & Wireless Bermuda. Bhutan ...... Bhutan Telecom. Bolivia ...... Empresa Nacional de Telecomunicaciones S.A. Bosnia and Herzegovina ...... Post Telephone & Telegraph of Bosnia and Herzegovina. Telekom Republike Srpske. Botswana ...... Botswana Telecommunications Corporation (BTC). Brazil ...... Embratel. Brunei ...... Jabatan Telekom Brunei (JTB). Bulgaria ...... Bulgarian Telecommunications Company (BTC). Burkino Faso ...... Office national des teÂleÂcommunications (ONATEL). Burma ...... Myanmar Posts & Telecommunications. Burundi ...... Office National des TeÂleÂcommunications (ONATEL). Cambodia ...... Directorate of Posts and Telecommunications (DPTK). Cameroon ...... SocieÂte des TeÂleÂcommunications Internationales du Cameroun (INTELCAM). Canada ...... (BC Tel, , Island Tel. Manitoba Telecom Services, Inc., Maritiem Tel&Tel, NewTel Communications, NBTel, and Telus). Cape Verde ...... Cabo Verde Telecom Sarl. Central African Rep ...... SocieÂte Centrafricaine des TeÂleÂcommunications (SOCATEL). Chad ...... SocieÂte des TeÂleÂcommunications Internationales du Tchad (TIT). Chile ...... CTC.

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Destination market Dominant operators

China ...... China Telecom. Colombia ...... Empresa Nacional de Telecomunicaciones. Comoros ...... SocieÂte Nationale des Postes et TeÂleÂcommunications (SNPT). Congo ...... Office National des Postes et des TeÂleÂcommunications (ONPT). Costa Rica ...... Instituto Costariccense de Electicidad (ICE). CoÃte d'Ivoire ...... SocieÂte CoÃte d'Ivoire-TELECOM (CI±TELECOM). Croatia ...... Croatian Post and Telecommunications (HPT). Cuba ...... Empresa Telecomunicaciones de Cuba S.A. (ETECSA). Cyprus ...... Cyprus Telecommunications Company. Czech Rep ...... SPT Telecom. Dem. Rep. of Congo ...... Office Congolais des Postes et des TeÂleÂcommunications (OCPT). Denmark ...... Tele Danmark A/S. Djibouti ...... SocieÂte Telecom International (STID). Dominica ...... Telecommunications of Dominica. Dominican Republic ...... CompanÄÂõa Dominicana de TeleÂfonos (CODETEL). Ecuador ...... Emetel. Andinatel. Pacifictel. Egypt ...... Egypt Telecom. El Salvador ...... CompanÄÂõa de Telecomunicaciones de El Salvador. Equatorial Guinea ...... La Sociedad Anonima de Telecomunicaciones de la. Republica de ...... Guinea Ecuatorial (GETESA). Eritrea ...... Telecommunications Services of Eritrea (TSE). Estonia ...... Estonian Telephone Company. Ethiopia ...... Ethipian Telecommunications Corporation (ETC). Finland ...... Sonera Ltd. France ...... France TeÂleÂcom. Gabon ...... TeÂleÂcommunications Internationales Gabonaises (TIG). Gambia ...... Gambia Telecommunications Company, Ltd. (GAMTEL). Georgia ...... Georgia Telecom. Germany ...... Deutsche Telekom AG. Ghana ...... Ghana Telecommunications Company. Greece ...... Hellenic Telecommunications Organization (OTE). Grenada ...... Grenada Telecommunications. Guatemala ...... Telecomunicaciones de Guatemala (Telgua). Guinea ...... SocieÂte des TeÂleÂcommunications de GuineÂe (SOTELGUI). Guinea-Bissau ...... Companhia de Telecomunicaoes da GuineÂ-Bissau, sarl (GuineÂ-Telecom). Guyana ...... Guyana Telephone and Telegraph Ltd. Haiti ...... Telecommunications d'Haiti S.A.M. Holy See (Vatican City) ...... Telecom Italia. Honduras ...... Empresa HondurenÄa de Telecomunicaciones. Hong Kong ...... Hong Kong Telecom. Hungary ...... Hungarian Telecommunication Co. (MATAV). Iceland ...... Landssiminn. India ...... Videsh Sanchar Nigam Limited (VSNL). Indonesia ...... PT Indosat. Iran ...... Telecommunciations Company of Iran. Iraq ...... Ministry of Telecommunications. Ireland ...... Telecom Eireann. Israel ...... Bezeq. Italy ...... Telecom Italia. Jamaica ...... Cable & Wireless Jamaica. Japan ...... Kokusai Denshin Denwa Co., Ltd. (KDD). Nippon Telegraph & Telephone Corporation (NTT). Jordan ...... Jordan Telecommunications Corporation (JTC). Kazakhstan ...... Kazakhtelecom. ...... Kenya Posts and Telecommunication Corporation (KPTC). Kiribati ...... Telecom Services Kiribati Limited. Korea (South) ...... Korea Telecom. Korea (North) ...... Pycompute Pyongyang. Kuwait ...... Ministry of Communications. Kyrgyszstan ...... Kyrgyztelecom. Laos ...... Enterprise of Telecommunications Lao (ETL). Lao Shinawatra Telecom Company. Latvia ...... Lattelekom. Lebanon ...... Ministry of Posts and Telecommunications. Lesotho ...... Lesotho Telecommunications Corporation (LTC). Liberia ...... Ministry of Posts and Telecommunications. ...... General Post and Telecommunications Company (GPTC). Liechtenstein ...... Swiss Telecom PTT. Lithuania ...... Lietuvos Telekom. Luxembourg ...... Luxembourg PTT. Macedonia ...... Macedonian Telecom. Madagascar ...... Telecom Malagasy (TELMA).

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Destination market Dominant operators

Malawi ...... Malawi Posts and Telecommunications Corporation (MPTC). Malaysia ...... Telecom Malaysia. Maldives ...... DHIRAAGU. Mali ...... SocieÂte des TeÂleÂcommunications du Mali (SOTELMA). ...... Telemalta Corporation. Marshall Islands ...... National Telecommunications Authority. Mauitania ...... Office des postes et des teÂleÂcommunications (OPT). Mauritius ...... Mauritius Telecom Limited. ...... France TeÂleÂcom. Mexico ...... Telefonos de Mexico (TelMex). Micronesia ...... FSM Telecommunications. Moldova ...... Moldtelecom. Monaco ...... France TeÂleÂcom. Mongolia ...... Mongolia Telecommunications Company. Morocco ...... Itissalat Al Maghrib. Mozambique ...... TelecomunicacËoes de MocËambique. Namibia ...... Telecom Namibia. Nauru ...... Nauru Telcom. Nepal ...... Nepal Telecommunications Company. Netherlands ...... KPN Telecom N.V. Netherlands Antilles ...... Antelecom N.V. New Zealand ...... Telecom Corporation of New Zealand Ltd. (TCNZ). Nicaragua ...... Enitel. Niger ...... SocieÂte nigeÂrinne des teÂleÂcommunications (SONITEL). Nigeria ...... Negerian Telecommunications plc. Norway ...... Telenor AS. Oman ...... General Telecommunications Organization (GTO). Pakistan ...... PAK-Telecom. Palau ...... Palau National Communications Corporation (PNCC). Palestine ...... Palestine Telecommunications Company P.L.C. (PALTEC). Panama ...... INTEL. Papua New Guinea ...... Post & Telecommunications Commission. Paraguay ...... Antelco. Peru ...... TelefoÂnica del Peru. Philippines ...... Philippines Long Distance Telephone Company (PLDT). Poland ...... Telekomunikacja Polska S.A. Portugal ...... Portugal Telecom S.A. Qatar ...... Qatar Public Telecommunications Corporation. ReÂunion ...... France TeÂleÂcom. Romania ...... Romtelecom. Russia ...... Rostelecom. Rwanda ...... Rwandatel S.A. (RWANDATEL). St. Kitts and Nevis ...... Cable & Wirless. St. Lucia ...... Cable & Wireless. St. Vincent and the Grenadines ...... Cable & Wireless. San Marino ...... Telecom Italia. Sao Tome & Principe ...... Companhia Santomense de TelecomunicacËoÄes, s.a.r.l. (CST). Saudi Arabia ...... Saudi Telecommunications Company. Senegal ...... SocieÂte Nationale des TeÂleÂcommunications du SeÂneÂgal (SONATEL). Serbia and Montenegro ...... Serbija Telecom. Seychelles ...... Cable & Wireless (Seychelles) Ltd. Sierra Leone ...... Sirra Leone Telecommunications Company (SIRRATEL). Singapore ...... Singapore Telecom. Slovakia ...... Slovak Telecom (ST). Slovenia ...... Telecom Slovenia. Solomon Islands ...... Solomon Telekom Company. Somalia ...... Ministry of Posts and Telecommunications. ...... Telkom SA Limited. Spain ...... TelefoÂnica. Sri Lanka ...... Sri Lanka Telecom. ...... Sudan Telecommunications Company Ltd. (Sudatel). Suriname ...... Telesur. Swaziland ...... Swaziland Posts and Telecommunications Corporation (SPTC). Sweden ...... Telia. Switzerland ...... Swisscomm. Syria ...... Syrian Telecommunications Establishment (STE). Taiwan ...... Chunghwa Telecom. Tajikistan ...... Tajiktelecom. Tanzania ...... Tanzania Telecommunications Company Limited (TTCL). Thailand ...... Telephone Organization of Thailand (TOT). Togo ...... SocieÂte des TeÂleÂcommunications du Togo (TOGO TELECOM). Trinidad and Tobago ...... Telecom Services of Trinidad and Tobago Tunisia ...... Tunisie Telecom. Turkey ...... Turk Telekomunikasyon A.S.

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Destination market Dominant operators

Turkmenistan ...... Turkmentelecom. Tuvalu ...... Ministry of Labor, Works and Communications. Uganda ...... Uganda Posts and Telecommunications Corporation (UPTC). Ukraine ...... Utel. United Arab Emirates ...... The Emirates Telecommunications Corp. Ltd. (Etisalat). United Kingdom ...... British Telecom. Uruguay ...... AdministracioÂn Nacional de Telecomunicationes. Uzbekistan ...... Halqaro Telecom. Vanuatu ...... Vanuatu Telecom. Venezuela ...... CompanÄia AnoÂnima Nacional TeleÂfonos de Venezuela. Vietnam ...... Viet Nam Post and Telecommunications Corporation (VNPT). Western Samoa ...... Postal and Telecommunications Department. Yemen ...... Yemen International Telecommunications Company (TELEYEMEN). Zambia ...... Zambia Telecommunications Company Limited (Zamtel). ...... Posts and Telecommunications Corporation (PTC).

Additional Carriers Included on This Federal Communications Commission. ACTION: Notice. List Magalie Roman Salas, Secretary. SUMMARY: Notice is hereby given that All incumbent local exchange carriers [FR Doc. 99–16033 Filed 6–28–99; 8:45 am] the FDIC, for itself or as successor in in the destination markets above. BILLING CODE 6712±01±P interest to the Resolution Trust All carriers that control, are Corporation, in its capacity as Receiver controlled by, or are under common for the Institutions set forth below (the control with, a carrier listed above in FEDERAL DEPOSIT INSURANCE Receiver) intends to terminate these the particular destination market. CORPORATION receiverships during the third calendar For additional information, please contact quarter of 1999. Robert McDonald or Kathy O’Brien, Notice to All Interested Parties of the FOR FURTHER INFORMATION CONTACT: Telecommunications Division, International Termination of Certain Receiverships Bureau, (202) 418–1470. by the FDIC in the Third Quarter of Division of Resolutions and 1999 Receiverships, Terminations Section, 1– 800–568–9161. AGENCY: Federal Deposit Insurance Corporation (FDIC). SUPPLEMENTARY INFORMATION:

Financial institution No. and name City State

1123 United American Bank in Knoxville ...... Knoxville ...... TN 1213 First Federal Savings Bank of South Dakota ...... Rapid City ...... SD 1245 Potomac Federal Savings Bank ...... Silver Spring ...... MD 1262 Jacksonville Federal Savings Association ...... Jacksonville ...... FL 1264 Goldome Federal Savings Bank ...... St. Petersburg ...... FL 2117 First Federal Savings Association of Toledo ...... Toledo ...... OH 2132 The First, F.A...... Orlando ...... FL 2136 Atlantic Financial FederalÐWest Virgina, F.S.A...... Charleston ...... WV 2195 Trustbank Federal Savings Bank ...... Tysons Corner ...... VA 4245 Milford Savings Bank ...... Milford ...... MA 4286 First American Bank for Savings ...... Boston ...... MA 4309 Bank of New England ...... Boston ...... MA 4310 Connecticut Bank & Trust Co., N.A...... Hartford ...... CT 4311 Maine National Bank ...... Portland ...... ME 4371 First Mutual Bank for Savings ...... Boston ...... MA 4434 The Bank Mart ...... Bridgeport ...... CT 4450 The Central Savings Bank ...... Lowell ...... MA 4550 The Merchants Bank ...... Kansas City ...... MO 4588 Jefferson Bank & Trust ...... Lakewood ...... CO 4606 Mechanics National Bank ...... Paramount ...... CA 4620 First Trust Bank ...... Ontario ...... CA 4627 The First National Bank of the Panhandle ...... Panhandle ...... TX 4629 Commonwealth Thrift and Loan ...... Torrance ...... CA 4634 Victory State Bank ...... Columbia ...... SC 6852 Heritage Bank & Trust ...... Salt Lake ...... UT 6915 Enterprise Federal Savings and Loan Association ...... Marrero ...... LA 6959 San Antonio Savings Association, F.A...... San Antonio ...... TX 7047 Lincoln Federal Savings and Loan Association ...... Miami ...... FL 7064 Lincoln Federal Savings and Loan Association ...... Mt. Carmel ...... TN 7070 Gill Savings Association ...... Hondo ...... TX 7093 Universal Federal Savings Association ...... Houston ...... TX 7094 Metropolitan Financial Federal Savings and Loan Association ...... Dallas ...... TX 7098 Frontier Federal Savings Association ...... Walla Walla ...... WA 7164 Independence Federal Bank, Federal Savings Bank ...... Batesville ...... AR 7169 City Federal Savings and Loan Association ...... Birmingham ...... AL

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Financial institution No. and name City State

7220 Nassau Savings and Loan Association F.A...... Brooklyn ...... NY 7258 Mid-America Federal Savings and Loan Association ...... Columbus ...... OH 7277 Statesman Federal Savings Bank ...... Des Moines ...... IA 7364 First Federal Savings Association of Conroe ...... Conroe ...... TX 7590 Silverado Banking, Savings and Loan Association ...... Denver ...... CO 7793 Goldome Savings Bank, FSB ...... St. Petersburg ...... FL 7964 Jacksonville Federal Savings Bank ...... Jacksonville ...... FL 8235 Nassau Federal ...... Brooklyn ...... NY

The liquidation of the assets of these involving individual Federal Reserve with a request for comments, to become receiverships is expected to be System employees. effective on December 14, 1998. 63 FR completed no later than September 30, 2. Any items carried forward from a 54713 (October 13, 1998). The PNO 1999. To the extent permitted by previously announced meeting. received six comments which were available funds and in accordance with CONTACT PERSON FOR MORE INFORMATION: placed on the public record. On law, the Receiver for these institutions Lynn S. Fox, Assistant to the Board; December 2, 1998, the effective date of will be making a final dividend 202–452–3204. this Interpretation was postponed until payment to proven creditors. SUPPLEMENTARY INFORMATION: You may February 1, 1999, to give the PNO staff Based upon the foregoing, the call 202–452–3206 beginning at more time to analyze and respond to the Receiver has determined that the approximately 5 p.m. two business days comments. 63 FR 66546 (December 2, continued existence of such before the meeting for a recorded 1998). receiverships will serve no useful announcement of bank and bank Formal Interpretation 15 was purpose. Consequently, notice is given holding company applications modified in response to the comments that the receiverships will be scheduled for the meeting; or you may and republished on February 5, 1999. 64 terminated, as soon as practicable but contact the Board’s Web site at http:// FR 5808 (February 5, 1999). Under the no sooner than thirty (30) days after the www.federalreserve.gov for an revised Interpretation, the formation of date this Notice is published. electronic announcement that not only an LLC which combines under common If any person wishes to comment lists applications, but also indicates control in the LLC two or more pre- concerning the termination of the procedural and other information about existing businesses will be treated as receivership, such comment must be the meeting. subject to the requirements of the HSR act under § 801.2(d) of the HSR rules, 16 made in writing and sent within thirty Dated: June 25, 1999. days of the date this Notice is published CFR 801.2(d), which governs mergers Jennifer J. Johnson, to: Federal Deposit Insurance and consolidations. Because Formal Corporation, Division of Resolutions Secretary of the Board. Interpretation 15 had been modified and Receiverships, Attention: [FR Doc. 99–16692 Filed 6–25–99; 3:39 pm] substantially, the effective date of the Terminations Department, 1910 Pacific BILLING CODE 6210±01±P Interpretation was postponed until Avenue, Dallas, TX 75201. March 1, 1999. Id. No comments concerning the Shortly after the Interpretation termination of this receivership will be FEDERAL TRADE COMMISSION became effective, it became apparent considered which are not sent within that the Interpretation as it applies to this time frame. Premerger Notification: Reporting and transactions involving existing LLCs Waiting Period Requirements does not give clear guidance. The FederaL Deposit Insurance Corporation. AGENCY: Federal Trade Commission. section of the Interpretation dealing Dated: June 23, 1999. with acquisitions of and by existing ACTION: Notice of amendment of Formal Robert E. Feldman, LLCs has therefore been amended in a Interpretation 15. Executive Secretary. number of respects to explain how [FR Doc. 99–16435 Filed 6–28–99; 8:45 am] SUMMARY: The Premerger Notification much transactions are to be analyzed. BILLING CODE 6714±01±P Office (‘‘PNO’’) of the Federal Trade First, the first full paragraph in the third Commission (‘‘FTC’’), with the column 64 FR 5809 (February 5, 1999) concurrence of the Assistant Attorney has been deleted. Second, the four FEDERAL RESERVE SYSTEM General in charge of the Antitrust paragraphs in this notice which begin Division of the Department of Justice with the phrase ‘‘The acquisition of a Sunshine Act Meeting (‘‘DOJ’’), is amending a Formal membership interest in an existing LLC will be a potentially reportable event AGENCY HOLDING THE MEETING: Board of Interpretation of the Hart-Scott-Rodino Governors of the Federal Reserve Act, which requires persons planning ** *’’ and end with phrase ‘‘* ** System. certain mergers, consolidations, or other whether there is a change in any acquisitions to report information about member’s membership interest.’’ have TIME AND DATE: 11:00 a.m., Tuesday, July the proposed transactions to the FTC been inserted between the carryover 6, 1999. and DOJ. The Interpretation concerns paragraph and the first full paragraph in PLACE: Marriner S. Eccles Federal the reportability of certain transactions the second column at 64 FR 5810. Reserve Board Building, 20th and C involving the formation of a Limited Third, Example 2, at 64 FR 5811, has Streets, NW, Washington, DC 20551. Liability Company (‘‘LLC’’), a relatively been revised in a number of respects. STATUS: Closed. new form of entity authorized by state Fourth, a new Example 3 has been MATTERS TO BE CONSIDERED: statutes, resulting in the combination of added, and current Examples 3 and 4 at 1. Personnel actions (appointments, businesses into the new LLC. 64 FR 5811 have been renumbered as promotions, assignments, This Formal Interpretation was first Examples 4 and 5, Fifth, a new Example reassignments, and salary actions) published on October 13, 1998, together 6 has been added, and current Examples

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6–8 at 64 FR 5811 have been remedy for violations, prior to was more like a voting security interest renumbered as Example 8–10. Finally, consummation. Under the rules, certain or more like a partnership interest.4 current Example 8 (now Example 10) types of transactions, such as mergers, This treatment of LLCs has not been has been revised a number of respects. consolidations, and the formation of completely satisfactory. The use of LLCs The new language in the Interpretation corporate joint ventures, are treated as has evolved, and while LLCs continue is shown in italics. acquisitions of voting securities to be used as vehicles for start-up Formal Interpretation 15, as published potentially subject to the act, while enterprises, they are now often used to on February 5, 1999, will continue in other transactions, such as the formation combine competing businesses under effect until the Amended Formal of partnerships, are deemed non- common control. Indeed, the Interpretation 15 becomes effective. reportable. See §§ 801.2(d) and 801.40 of Commission’s litigation staff has DATES: The Amended Formal the rules, 16 CFR 801.2(d) and 801.40. investigated several transactions raising Interpretation 15 will become effective The LLC 1 is a relatively new form of potential antitrust concerns involving on July 1, 1999. business organization that is neither a the formation of LLCs. In these partnership nor a corporation but a transactions, previously separate FOR FURTHER INFORMATION CONTACT: hybrid legal entity that combines certain businesses were combined under Richard B. Smith, Deputy Assistant desirable features of both partnerships common control when they were both Director, Premerger Notification Office, and corporations. Specifically, an LLC is contributed to a single, newly-formed Bureau of Competition, Room 301, taxed as a partnership but shields its LLC. Nevertheless, the creation of the Federal Trade Commission, members from liability as a corporation LLC to combine competing businesses Washington, DC 20580. Telephone (202) shields its shareholders. The first LLC under common control was typically 326–2850. Thomas F. Hancock, statute was passed in 1977 by not treated as reportable under the Attorney, Premerger Notification Office, Wyoming 2 and a trickle of other states PNO’s then-current treatment. However, Bureau of Competition, Room 301, followed. The use of LLC’s expanded the union of competing businesses Federal Trade Commission, significantly after 1988 when the under common control is of obvious Washington, DC 20580. Telephone: Internal Revenue Service (‘‘IRS’’) potential antitrust concern. Since the (202) 326–2946. concluded that an LLC organized under past treatments of LLCs have not been SUPPLEMENTARY INFORMATION: The text of the Wyoming statute was taxable as a satisfactory at singling out those Formal Interpretation Number 15, as partnership.3 By 1993 all 51 transactions that were the most likely to amended, is set out below. jurisdictions had LLC laws of one form have anticompetitive effects, the PNO Formal Interpretation Number 15 or another. staff has decided to revise its approach When it first encountered these types to LLCs in order to better carry out the Formal Interpretation pursuant to of organizational structures, the PNO purposes of the act. § 803.30 of the Premerger Notification concluded that as ‘‘companies’’ LLCs The formation of an LLC into which Rules, 16 CFR 803.30, Concerning the are ‘‘entities’’ within the meaning of two or more businesses are contributed, Reporting Requirements for the § 801.1(a)(2), 16 CFR 801.1(a)(2), and like other unions of businesses under Formation of Certain Limited Liability that, until it had more experience with common control, is a kind of merger or Companies (‘‘LLCs’’). them, the PNO would treat LLCs like consolidation.5 Section 801.2(d)(1)(i) of This is a Formal Interpretation corporations. Initially, therefore, the rules, 16 CFR 801.2(d)(1)(i), states pursuant to § 803.30 of the Premerger § 801.40 of the rules, 16 CFR 801.40, that ‘‘[m]ergers and consolidations are Notification Rules (‘‘the rules’’). The ‘‘Formation of joint venture or other transactions subject to the act * * *.’’ 6 rules implement Section 7A of the corporations,’’ governed the formation Clayton Act, 15 U.S.C. 18a, which was of LLCs and an interest in an LLC was 4 Specifically, the information of an LLC was added by sections 201 and 202 of the treated as a voting security for HSR treated as potentially reportable only if the LLC had Hart-Scott-Rodino Antitrust purposes. a group that functioned like a board of directors and Improvements Act of 1976 (‘‘the act’’). On further analysis, the PNO the LLC ownership interest resulted in the holders appointing person(s) other than their employees, This Formal Interpretation and a request concluded that this initial approach was officers, or directors (or those of entities controlled for comments were originally published too inclusive. LLCs at the time were by such holder or its ultimate parent entity) to that on October 13, 1998, to become effective primarily used as vehicles for the group. In such cases, the LLC interest was treated on December 14, 1998. See 63 FR 54713 creation of start-up businesses. The as a voting security interest. In all other instances, LLC interests were treated as partnership interests (October 13, 1998). The PNO staff PNO’s treatment of LLCs resulted in and the acquisition of these interests was not received six comments. The staff requiring HSR filings in a large number reportable (unless the acquiring person would hold postponed the effective date until of transactions that did not raise 100 percent of the interests as a result of the February 1, 1999, in order to have more antitrust concerns. Furthermore, the acquisition). time to analyze these comments. 63 FR PNO believed that in most LLCs the 5 While combining businesses in an LLC may not be a ‘‘merger’’ or ‘‘consolidation’’ in the strictest 66546 (December 2, 1998). Formal interest held by the members of the LLC sense because they do not involve corporations, the Interpretation 15, published here, has was more like a partnership interest rationale of this interpretation is similar to that been modified substantially in response than a voting security interest. used by the PNO under § 801.2(d) to require filing to the comments received and Consequently, in 1994, the PNO began for acquisitions of non-profit corporations which, like LLCs, typically do not issue voting securities. postpones the effective date until March to informally advise parties that the (See ABA, The Premerger Notification Practice 1, 1999. treatment of LLCs for reporting purposes Manual, 1991 ed., Interp. #109.) The act requires the parties to certain would depend on a determination of 6 In fact, as it was originally promulgated in 1978, acquisitions of voting securities or whether the interest acquired in the LLC § 801.2(d)(1)(I), 16 CFR 801.2(d)(1)(I), stated that ‘‘[a] merger, consolidation, or other transaction assets to notify the FTC and the DOJ and combining all or any part of the business of two or to wait a specified period of time before 1 This Formal Interpretation applies only to the more persons shall be an acquisition subject to the consummating the transaction. The reportability of the formation of certain LLC’s. The act * * *.’’ (emphasis added) 43 FR 33539, July 31, purpose of the act and the rules is to position of the FTC staff on the status and treatment 1978. In 1983, this section was changed to clarify under the act of other non-corporate entities such the treatment of mergers and consolidations under ensure that such transactions receive as partnerships remains unchanged. the rules, and the italicized wording was meaningful scrutiny under the antitrust 2 Wyo Stat. §§ 17–15–101 to —135 (Supp. 1989). eliminated. However, there is no indication that laws, with the possibility of an effective 3 Rev. Rul. 88–76, 1988–2 C.B. 360, 361. Continued

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A filing requirement for those LLC 801.2(d)(2)(i) states that ‘‘[a]ny person acquisition of which would be exempt formations that involve the combination party to a merger or consolidation is an under § 802.2(e), ‘‘B’s’’ acquisition in of businesses is appropriate and acquiring person if as a result of the the formation of this LLC would not be advances the purposes of the act and the transaction such person will hold any reportable. Similarly, if S has sales and rules, namely, to ensure that the assets or voting securities which it did assets of less than $25 million and the antitrust enforcement agencies have not hold prior to the transaction’’ value of the S stock that will be held by advance notice of, and a timely (emphasis added). In the context of the ‘‘A’’ as a result of the acquisition is $15 opportunity to challenge, transactions formation of a new LLC, this means that million or less, then ‘‘A’s’’ acquisition which may violate the antitrust laws. any person that will control an LLC in in the formation would be exempted by This Formal Interpretation, therefore, which two or more previously separate § 802.20(b). changes the PNO’s treatment of LLC’s as businesses will be combined will be an To determine whether a filing is follows: The PNO will henceforth treat acquiring person. Thus, if ‘‘A’’ and ‘‘B’’ required, the parties to potentially as reportable the formation of an LLC if form a 60–40 LLC, the 60 percent reportable formation transactions also (1) two or more preexisting, separately member, ‘‘A,’’ will be an acquiring must determine the size-of-person and controlled businesses will be person with respect to the contributions size-of-transaction, which should be contributed, and (2) at least one of the of ‘‘B.’’ Section 801.2(d)(2)(ii) states that done just as in any other asset or voting members will control the LLC (i.e., have ‘‘[a]ny person party to a merger or securities acquisition in accordance an interest entitling it to 50 percent of consolidation is an acquired person if as with §§ 801.10 and 801.11 of the HSR the profits of the LLC or 50 percent of a result of the transaction the assets or rules. Since these transactions are the assets of the LLC upon dissolution.7 voting securities of any entity included similar to asset exchanges, for most such The formation of all other LLCs will be within such person will be held by any transactions there will not be a treated similar to the formation of a other person’’ (emphasis added). In the determined acquisition price for the partnership which, under the PNO’s above example of the formation of a 60– acquired assets or voting securities to longstanding position on partnership 40 LLC, ‘‘B’’ would therefore be an use in applying the size-of-transaction formations, will not be reportable. acquired person. If ‘‘A’’ and ‘‘B’’ were to test. For such transactions, parties In determining what is a ‘‘business’’ form a 50–50 LLC to which both were should use the market price or fair for purposes of this Interpretation, the to contribute businesses, both would be market value where another contributor PNO will look to the definition of both acquiring and acquired persons contributes 50 or more percent of the ‘‘operating unit’’ for purposes of because both would control the LLC and voting securities of an issuer (see § 802.1(a) of the rules, 16 CFR 802.1(a), thus hold assets or voting securities it § 801.10(a)), or the fair market value namely, ‘‘* * * assets that are operated did not hold prior to the transaction. where another contributor puts assets ** * as a business undertaking in a ‘‘A’’ and ‘‘B’’ would file in both constituting a business into the LLC (see particular location or for particular capacities, assuming the relevant size § 801.10(b)). products or services, even though those criteria were met. Thus, both the The acquisition of a membership assets may not be organized as a acquiring and acquired persons will be interest in an existing LLC will be a separate legal entity.’’ In addition, for required to file notification and, in potentially reportable event (1) if it purposes of this Formal Interpretation, accordance with § 803.10 of the rules, results in the acquiring person holding the contribution to an LLC of an interest the 30-day waiting period will begin 100 percent of the membership interests in intellectual property, such as a when both persons have substantially in that LLC, and (2) that person had not patent, a patent license, know-how, and complied with the notification previously filed for and consummated so forth, which is exclusive against all requirements. the acquisition of control of that LLC. parties including the grantor, is the Under this Interpretation, the nature Such an acquisition is reportable as the contribution of a business, whether or of the acquisition(s) taking place when acquisition of all the assets of the LLC. not the intellectual property has an LLC is formed, that is, whether it is This is similar to the PNO’s treatment of generated any revenues. an acquisition of assets or of voting acquisitions of partnership interests. Under this Interpretation, the securities, depends on what is being Acquisitions of additional businesses approach of § 801.2(d) will be used to contributed by the other member(s) of by existing LLCs fall into one of two determine the acquiring person(s) and the LLC.9 In the 50–50 LLC described categories. First, those that result in a acquired person(s) for potentially above, suppose that ‘‘A’’ contributes a change in the percentage membership reportable LLC formations.8 Section group of assets constituting a business interest of any member will be treated and ‘‘B’’ contributes 50 or more percent by the PNO as the formation of a new this change was intended to narrow the scope of of the voting securities of a corporate LLC under this Interpretation. In such a § 801.2(d). Rather, according to the Statement of subsidiary, S. In this example, ‘‘B’’ will new formation, the acquisition by any Basis and Purpose to the 1983 changes, 48 FR 34430, July 29, 1983, the Commission simply be deemed to have made an acquisition person that will control the new LLC of sought to make clear that mergers and of assets and ‘‘A,’’ an acquisition of the assets or voting securities of the consolidations are treated as acquisitions of voting voting securities. business(es) being contributed that it securities and to aid the parties to a merger in In addition, any exemption in the act did not previously control is potentially determining which is the acquiring person and which is the acquired person. of rules that would make any other reportable. Both additional businesses 7 Of course, as with all transactions, the HSR size acquisition non-reportable may make and the business(es) already in the of person and size of transaction requirements need the acquisition by one or more of the existing LLC are regarded as being to be met as well, and exemptions may apply. contributors to an LLC non-reportable. contributed to the new LLC. These 8 The Formal Interpretation as published in If, for example, ‘‘A’s’’ asset contribution transactions should be analyzed using October described a method to determine reportability that was based on concepts found in consists of hotel properties the the criteria for formations. Accordingly, § 801.40 of the HSR rules, 16 CFR 801.40. Certain persons will be regarded as acquiring comments suggested that such an approach was need to look to § 801.40 to determine reporting only those businesses that they come to confusing and would increase the likelihood that obligations. control as a result of the transaction. parties would make erroneous conclusions on their 9 In this respect, the Interpretation necessarily Second, those acquisitions of reporting obligations. In light of those comments, departs from the text of § 801.2(d)(1)(i), which and the change in approach this Formal provides that all mergers and consolidations shall businesses by existing LLCs that do not Interpretation adopts, there will no longer be any be treated as acquisitions of voting securities. result in a change in the percentage

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Under the definition of more of the voting securities of a are potentially reportable. control applicable to LLCs (i.e., corporation, the acquisition(s) would be The acquisition by an existing LLC of § 801.1(b)(ii)), under the October treated as an acquisition of voting assets or voting securities not Interpretation, such a shift in the right securities of the issuer whose shares are constituting a business will be treated as to receive profits might have created a contributed. the acquisition of assets or voting reporting obligation. The commenters 2. ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ form an LLC in securities by the LLC or, if it is argued that it would be unduly year 1 in which each receives a one- controlled, by its post-acquisition burdensome to require the beneficiaries third interest and to which each ultimate parent entity, or entities, and, of such shifts to file and that no contributes a business valued at as such, is potentially reportable. This substantive law enforcement interest approximately $20 million. ‘‘A,’’ ‘‘B,’’ treatment will pertain without regard to would be served. The PNO does not and ‘‘C’’ are $100 million persons. This whether there is a change in any intend that such shifts be reportable formation would not be reportable member’s membership interest. under this Formal Interpretation. Since because no member controls the LLC. In This Formal Interpretation will not such a shift would be the post-formation year 2, ‘‘X,’’ also a $100 million person, require reporting of some LLC acquisition of any interest in an existing acquires the membership interests of formations and some acquisitions of LLC without the contribution of another ‘‘A’’ and ‘‘B’’ for cash. This would not existing LLC interests that would have business, it will not be treated as subject be reportable because acquisitions of required reporting under the to the reporting requirements of the act. membership interests in existing LLCs Interpretation announced by the PNO in Some of the reasons for concluding are potentially reportable only if they October of 1998. Unlike the October that the formation of certain LLCs result in one person holding 100 percent version, this Formal Interpretation should be treated as reportable may of the interests in the LLC. Note that if requires reporting of the formation of an apply equally well to partnerships. The ‘‘X’’ also contributes a business to the LLC only if the formation brings position of the PNO, however, is that LLC in exchange for the LLC together with the LLC two formerly the formation of a partnership is not membership interest it receives, the separately controlled businesses. reportable and acquisitions of transaction will be treated as the Comments received suggested that the partnership interests that do not result formation of a new LLC. The acquisition treatment announced in the October in one person’s holding 100 percent of of the new business will not be version would have covered a the interests in a partnership are non- reportable because ‘‘X’’ already controls substantial number of LLCs that are not reportable. Several comments received it. ‘‘X’’ may, however, have a filing likely to raise competitive concerns. For on the Formal Interpretation published obligation as an acquiring person with example, the October Formal in October suggested that no change to respect to the businesses already in the Interpretation would have viewed LLCs the treatment of partnerships was LLC if the size tests are met and no that are created solely as financing necessary at this time. The treatment of exemption applies. The existing LLC vehicles as reportable. In these partnerships was originally adopted, in would be the acquired person because transactions, a financial institution (or part, because of the difficulty of no member controls it. Note also that in other party providing financing) in the monitoring compliance with HSR the example where ‘‘X’’ contributed ordinary course of its business reporting obligations since many only cash and did not file under HSR, contributes only cash or other financial partnerships can be formed informally if ‘‘X’’ were subsequently also to acquire assets and one other party contributes or by implication in many typical ‘‘C’s’’ membership interest it would one or more operating units to a new business arrangements. Furthermore, then hold 100 percent of the interests in LLC that the financial institution may there has been no suggestion in any of this LLC and would therefore have to control for HSR purposes, at least for a the comments that partnerships are file for the acquisition of all of the assets period of time. Under this revised being used with any greater frequency of the LLC. Interpretation, so long as such financing now to combine competing businesses. 3. In year 1, ‘‘A’’ and ‘‘B’’ form an LLC transactions do not result in the Consequently, the PNO has decided not to which ‘‘A’’ contributes a business and contribution of a business to the LLC by to change its treatment of partnerships takes back a 60 percent interest and ‘‘B’’ two or more members, it will not be at this time, but it may re-visit this issue contributes cash and takes back a 40 treated as reportable.10 in the future as developments require. percent interest. This transaction is not As described above, except for a The following examples are an reportable. Suppose, however, that in situation where, as a result of an integral part of this Formal year 4: acquisition, the acquiring person would Interpretation: a. ‘‘B’’ contributes a new business, hold 100 percent of the interests in an 1. ‘‘A’’ and ‘‘B’’ both plan to ‘‘A’’ contributes cash, and there is no existing LLC, no acquisition of an contribute businesses to a new LLC in change in percentage membership interest in an existing LLC is reportable which each will acquire a 50 percent interests. This would not be analyzed as under this Interpretation. Several interest. This LLC formation would a new formation but would be treated as comments indicated that LLC involve both ‘‘A’’ and ‘‘B’’ making an acquisition by the LLC. ‘‘A,’’ as the agreements are sometimes entered into reportable acquisitions if the size-of- ultimate parent entity of the LLC, would person and size-of-transaction tests are file as acquiring and ‘‘B’’ as acquired for 10 There is no evidence to suggest now that LLC met. Each acquisition would be the acquisition of the business. formations where only one business is contributed reportable unless exempted by Section b. ‘‘A’’ contributes a business, ‘‘B’’ are being used to accomplish a merger or 7A(c) of the act or Part 802 of the HSR contributes cash, and their interests consolidation of two businesses. However, the PNO will look carefully at these transactions in the rules. ‘‘A’’ would file as an acquiring change so that ‘‘A’’ has 61 percent and future and, it they begin to be used to accomplish person and ‘‘B’’ as an acquired person ‘‘B’’ has 39 percent. This is a new a merger or consolidation, will re-visit this issue. for ‘‘A’s’’ acquisition of the assets being formation because of the changes in the

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This formation is not reportable separately controlled businesses are not in two subsidiaries and a division, into because no member controls the LLC. being contributed, as ‘‘A’’ controlled a newly-formed LLC in which it will Suppose that in year 2 ‘‘A’’ sells both businesses before the transaction. hold a 60 percent membership interest. additional assets to the LLC for cash. c. ‘‘B’’ contributes a business, ‘‘A’’ This would not be reportable because, This transaction is not analyzed as a contributes cash, and their interests although separate businesses are being new formation under this Formal change so that ‘‘A’’ has 59 percent and combined, they were not under separate Interpretation. However, the LLC has a ‘‘B’’ has 41 percent. This is also a new control prior to the transaction. potential filing obligation as the formation. ‘‘A’’ will file to acquire the 8. ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ form a new LLC acquiring person of those assets and business being contributed by ‘‘B.’’ in which ‘‘A’’ will have a 60 percent ‘‘A’’ as the acquired person. Note that it d.‘‘B’’ contributes a business and the interest and ‘‘B’’ and ‘‘C’’ each will have is irrelevant whether the assets sold by membership interests change so that 20 percent interests. ‘‘A,’’ a large, ‘‘A’’ in year 2 constitute a business. ‘‘B’’ has 60 percent and ‘‘A’’ has 40 international pharmaceutical company, Note also that if assets not constituting percent. This is a new formation, and contributes $100 million in cash and the a business are acquired by an LLC, even ‘‘B’’ would file to acquire the business assets of a pharmaceutical product if the percentage membership interests contributed by the LLC. ‘‘A,’’ as the which is currently on the market. This change in the transaction, this is not ultimate parent entity of the existing pharmaceutical product line constitutes analyzed as the formation of a new LLC, LLC, would file as the acquired person. a business. ‘‘B’’ contributes licenses to either, but as an acquisition by the LLC e. ‘‘C’’ contributes assets not several patents which it will also (or its post-acquisition ultimate parent constituting a business and the continue to use to manufacture various entity). percentage interests are adjusted so that drugs. ‘‘C’’ will contribute licenses Benjamin I. Berman, ‘‘A’’ has 50 percent, ‘‘B’’ has 30 percent, which are exclusive even against itself Acting Secretary. and ‘‘C’’ has 20 percent. This is not a for several drugs which are still at the new formation because the assets being testing stage and which have never been [FR Doc. 99–16398 Filed 6–28–99; 8:45 am] contributed are not a business. ‘‘A,’’ as marketed. With a 60 percent interest, BILLING CODE 6750±01±M ultimate parent entity of the LLC, will ‘‘A’’ will control the LLC. Since the file to acquire these assets from ‘‘C.’’ licenses ‘‘B’’ will contribute are not 4. ‘‘A’’ and ‘‘B’’ form a new LLC, to exclusive as against it, they do not GENERAL SERVICES which ‘‘A’’ will contribute its widget constitute a business. However, the ADMINISTRATION business and ‘‘B’’ will contribute cash licenses being contributed by ‘‘C’’ do for operating capital. This formation constitute a business, even though they [GSA Bulletin FPMR G±202] would not be reportable because two have not generated any revenue. ‘‘A’’ previously separate businesses are not has a potential reporting obligation for Aviation, Transportation, and Motor being contributed to the LLC. the formation of this LLC for acquiring Vehicles 5. ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ form a 60–20– assets from ‘‘C.’’ This formation To: Heads of Federal agencies 20 LLC to which ‘‘A’’ contributes cash combines two pre-existing, separately and receives a 60 percent membership Subject: Eliminating the Use of Standard controlled businesses in an LLC which Form (SF) 1169, U.S. Government interest and ‘‘B’’ and ‘‘C’’ each ‘‘A’’ will control. Transportation Request (GTR) contribute an operating unit for a 20 9. ‘‘A’’ and ‘‘B’’ are both regional percent interest. This is a kind of a grocery store chains which do their data 1. What is the purpose of this consolidation of ‘‘B’s’’ and ‘‘C’s’’ processing in-house. ‘‘A’s’’ data bulletin? This bulletin notifies Federal operating units into the new LLC and processing unit does work only for ‘‘A’’ agencies of the proposed elimination of ‘‘A’’ will control the LLC. There are two and ‘‘B’s’’ only for ‘‘B.’’ ‘‘A’’ and ‘‘B’’ Standard Form (SF) 1169, U.S. reportable transactions (assuming the decide to contribute the assets used in Government Transportation Request size criteria are met and no exemption their data processing operations to a (GTR). applies): ‘‘A’’ acquiring the operating new jointly-controlled LLC which will 2. When does this bulletin expire? unit contributed by ‘‘B,’’ and ‘‘A’’ provide data processing services to ‘‘A’’ This bulletin will remain in effect until acquiring the operating unit contributed ‘‘B.’’ Assume the size tests are met. This specifically canceled. by ‘‘C’’. would not be reportable because the 3. What is the background? 6. In year 1, ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ form assets used to provide such management a. Currently, Federal Property a new LLC to which each contributes a and administrative support services do Management Regulations (FPMR) (41 business and takes back a one-third not constitute businesses. Cf CFR 101–41) require that SF 1169 be membership interest. In year 4, the LLC § 802.1(d)(4) of the rules and Examples used to procure all passenger acquires all the voting securities of 10 and 11, 16 CFR 802.1(d)(4). This transportation services. For many years, another business from ‘‘D’’ in exchange would be the case even if the new LLC the GTR has been recognized as the for certain assets not constituting a intends to begin offering data processing primary source document required to business. This acquisition would not be services to third parties, since this obtain passenger transportation services analyzed as the formation of a new LLC would be beginning a new business payable by the U.S. Government. because no member’s percentage rather than uniting existing businesses. b. As we enter the 21st century, interest changes as a result of the Note, however, that the result would be innovative ideas and methods are being transaction. Rather, the LLC would be different if ‘‘A’’ and ‘‘B’’ had used their applied to change the way the viewed as acquiring the voting securities equipment to provide any data Government transacts its business. The of the new business from ‘‘D.’’ This processing services to others prior to General Services Administration (GSA) transaction will be reportable if the size contributing it to the new LLC, for then has already successfully: criteria are met and no exemption each would be contributing an existing (1) Implemented simplified travel applies. ‘‘D’’ will, of course, have to business. regulations, analyze its acquisition of assets from the 10. In year 1, ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ form (2) Reduced the costs of administering LLC to determine if it is also reportable. a new LLC to which each contributes a travel programs, and

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(3) Employed the use of a Government DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND travel card to pay for travel expenses to HUMAN SERVICES HUMAN SERVICES reduce the Government’s cash flow. Centers for Disease Control and c. GSA is issuing the guidelines Statement of Organization, Functions Prevention contained in this bulletin to inform and Delegations of Authority; Program agencies that, although a final decision Support Center [Program Announcement 99129] has not been made, SF 1169 may Part P (Program Support Center) of the become obsolete. Enhanced Surveillance for Newly Statement of Organization, Functions Vaccine Preventable Diseases; Notice d. GSA’s final review is anticipated by and Delegations of Authority for the of Availability of Funds September 30, 2000. Department of Health and Human A. Purpose e. Final action is anticipated early in Services (60 FR 51480, October 2, 1995 the calendar year 2001. as amended most recently at 64 FR The Centers for Disease Control and Prevention (CDC) announces the 4. What are the guidelines? To 9996, March 1, 1999) is amended to availability of fiscal year (FY) 1999 continue on the road of improvement, reflect changes in Chapter PB within funds for a cooperative agreement Federal agencies are encouraged to: Part P, Program Support Center, Department of Health and Human program for a New Vaccine Surveillance a. Focus attention on eliminating Services. The Program Support Center is Network (NVSN). This program will outdated methods of payment for reorganizing and realigning the division compliment existing local, State, and passenger transportation services by national surveillance efforts and will level structure of the Human Resources adopting such payment methods as: facilitate research on issues related to Service, specifically the Training and (1) Direct centrally billed accounts new vaccine introduction and impact. Career Development Division. The This program addresses the ‘‘Healthy arranged through the Government travel Training and Career Development card program, People 2000’’ priority area, Division is being abolished and its Immunization and Infectious Diseases. (2) Direct charge to an employee’s functions are being realigned within the The purpose of the program is to create individual Government travel card, and Division of Personnel Operations— a surveillance network that can provide (3) Use of electronic fund payments. Parklawn and the Division of Personnel surveillance and data collection on new b. Seek innovative ideas for ways to: Operations—Switzer. vaccine use and impact through (1) Pay for passenger transportation Program Support Center enhanced surveillance, applied services, and epidemiologic research, and investigator Under Part P, Section P–20, initiated studies to investigate the (2) Eliminate the use of the GTR to the Functions, change the following: Under impact of new vaccines on the overall maximum extent possible. Chapter PB, Human Resources Service vaccination program. 5. Why should the GTR be eliminated? (PB), delete the title and functional B. Eligible Applicants The GTR should be eliminated because: statement for the Training and Career Applications may be submitted by a. Most travelers are not familiar with Development Division (PBO) in its public and private nonprofit the form and process, entirety. organizations and by governments and b. It is an accountable form and must Under the heading Division of their agencies; that is, universities, be controlled, Personnel Operations—Parklawn (PBS), colleges, research institutions, hospitals, c. The administrative burden of add the following new item after item other public and private nonprofit reconciling charges, unused tickets, and (8): ‘‘(9) Administers comprehensive organizations, State and local refund applications is significant, training and career development governments or their bona fide agents, services for the Program Support Center, and federally recognized Indian tribal d. The form and the process are and other external customers.’’ governments, Indian tribes, or Indian outdated, and Under the heading Division of tribal organizations. e. There are better and more efficient Personnel Operations—Switzer (PBT), Note: Pub. L. 104–65 states that an ways for the Government to pay for organization described in section 501(c)(4) of commercial passenger transportation add the following new item after item (11): ‘‘(12) Administers comprehensive the Internal Revenue Code of 1986 that services. engages in lobbying activities is not eligible training and career development 6. Why is elimination of SF 1169 in to receive Federal funds constituting an services for the Office of the Secretary, award, grant, cooperative agreement, the interest of the Government? If the Office of the Inspector General, the contract, loan, or any other form. agencies can and will adopt best Administration on Aging, and other C. Availability of Funds business practices for the payment of external customers. passenger transportation services, the Approximately $900,000 is available Government can eliminate a significant Dated: June 18, 1999. in FY 1999 to fund two awards of Policy, General Services Lynnda M. Regan, approximately $450,000 each. It is Administration, Washington, DC 20405; Director, Program Support Center. expected that the awards will begin on telephone, (202) 501–0483; e-mail, [FR Doc. 99–16443 Filed 6–28–99; 8:45 am] or about September 30, 1999, and will [email protected]. BILLING CODE 4168±17±M be made for a 12-month budget period Dated: June 22, 1999. within a project period of up to five years. Funding estimates may change. Becky Rhodes, Continuation awards within an Acting Associate Administrator, Office of approved project period will be made Governmentwide Policy. on the basis of satisfactory progress as [FR Doc. 99–16502 Filed 6–28–99; 8:45 am] evidenced by required reports and the BILLING CODE 6820±34±P availability of funds.

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D. Programmatic Interest between public and private molecular epidemiologic studies, As new vaccines are licensed and organizations that have an interest in evaluation of diagnostic tools) obtained recommended for use in children, new addressing public health issues relating in NVSN projects; and assist with strategies are needed for surveillance to new vaccines. integrating results with data from other D. Conduct activities addressing and monitoring. CDC has identified NVSN site. sections D.1.-D.3. below, and either D.4 E. As needed, store serum specimens several areas that are considered or D.5 below. Specific protocols for the at the CDC specimen bank, arrange for programmatic priorities: (1) Improving activities to be conducted at all routine serological testing of a sample of identification of cases, for some surveillance sites will be developed isolates, and bank specimens for later conditions using enhanced diagnostic jointly by investigators at those sites and evaluations, as appropriate. testing; (2) monitoring outpatient CDC. reports of clinical diagnoses (such as F. Application Content 1. Impact of incorporation of new otitis media) or inpatient conditions vaccines on provider policies, practices, Use the information in the Program (such as lobar pneumonia or diarrhea and utilization. Collect data from the Requirements, Other Requirements, and and dehydration); (3) evaluating network of pediatric care providers to Evaluation Criteria sections to develop immunological responses to new document the impact of rotavirus and the application. Your application will vaccines and laboratory testing of other new vaccines recommended for be evaluated on the criteria listed, so it isolates from patients with vaccine routine use among children (including is important to follow them in preparing preventable diseases; and (4) assessing combination vaccines). your program plan. The narrative the impact of new vaccines on clinical 2. Enhance surveillance for vaccine (excluding budget, appendices, and practices. CDC also values the flexibility preventable diseases, including required forms) should be no more than to respond to emerging issues as new reporting of specific clinical diagnoses 30 double-spaced pages, printed on one vaccines are introduced and new from the network of pediatric care side, with one inch margins, and questions arise. providers, improving diagnosis through unreduced font. Only the following E. Program Requirements enhanced etiological diagnostic testing, information should be presented in and reporting of all hospitalizations for appendices: Letters of support, In conducting activities to achieve the vaccine preventable diseases at documentation of bona fide agent status, purpose of this program, the recipient inpatient facilities in the surveillance curricula vitae of key project personnel, will be responsible for the activities area. and budget. Letters of support should under 1. (Recipient Activities) and CDC 3. Conduct serologic surveillance of 2- clearly indicate collaborators’ will be responsible for the activities year-old children who received willingness to be participants in the listed under 2. (CDC Activities). recommended childhood vaccines as NVSN activities. All other materials or 1. Recipient Activities part of routine pediatric care in an information that should be included in the narrative will not be accepted if A. Establish and operate a NVSN site. ongoing evaluation of the immunogenicity of vaccines placed in the appendices. The site should have the following Applicants should propose a total of characteristics: administered as part of the recommended childhood immunization 4 projects from the list of activities 1. Be established in a defined provided in Program Requirements, 1. population, which could include either series. 4. Develop and conduct other applied Recipient Activities, paragraphs D.1. an entire State or a geographically epidemiologic research projects. See through D.5. Projects described in defined area (or areas) within a State. (A Appendix II for examples of potential paragraphs D.1. through D.3., above, minimum population base of projects. must be proposed along with one approximately 500,000 may be 5. Develop and conduct health project as described in D.4. and D.5. necessary to accomplish the objectives services research. See Appendix II for Each specific project proposal should be of certain NVSN activities.) examples of potential projects. clearly identified in a distinct portion of 2. Have the capacity to conduct up to E. Routinely evaluate progress in the Operational Plan and should not four concurrent projects; accommodate achieving the purpose of this program. exceed 5 pages. Although the specific changes in specific projects and F. Analyze and interpret data from activities described address distinct priorities as the public health system’s NVSN projects, and publish and issues and needs, they may be need for information changes or new disseminate findings. implemented in an integrated manner vaccines are licensed and implemented such that staff members work on more into the vaccination program; and 2. CDC Activities than one activity and supplies and function effectively as part of a network A. Assist in the development of a equipment are shared, etc. to further local, State, and national research protocol for IRB review by all Since enhanced surveillance will be efforts to monitor introduction of new cooperating institutions participating in done in collaboration with the other vaccines. the research project. The CDC IRB will NVSN site, the project should be 3. Maintain participation of pediatric review and approve the protocol designed so that data can be integrated care providers and all facilities initially and on at least an annual basis with data from the other site. providing inpatient pediatric care. This until the research project is completed. Applicants should detail a plan for provider network should participate in B. Provide consultation, scientific, establishing collaboration between required surveillance activities (see and technical assistance in designing public and private organizations that D.1.–D.3. below), enroll patients in and conducting individual NVSN have an interest in addressing public studies and participate in health projects. health issues relating to new vaccines. services research (D.4. and D.5. below). C. Assist with analysis and Such a plan should document B. Develop plans for obtaining interpretation of data, dissemination of meaningful collaboration in additional support to supplement findings. accomplishing project objectives assistance from CDC. D. As needed and arranged with including developing inpatient and C. Establish collaboration in investigators, perform laboratory outpatient surveillance networks, accomplishing program activities evaluation of specimens or isolates (e.g., collecting data, and analyzing results.

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In describing the impact of both Federal and non-Federal (e.g., State c. Demonstration of a clear incorporation of new vaccines on or other funding) shares of total cost for understanding of the roles and provider policies, practices, and the NVSN. For each staff member listed responsibilities of participation in the utilization (Recipient activities, D.1.), under the Personnel line item, indicate NVSN network. applicants may include but need not be their specific responsibilities relative to 2. Description of the population base limited to description of the number of each of the proposed projects. Include and the vaccine providers in the NVSN vaccines and injections offered at visits provisions for travel of the principal site. (10 points) during the first two years of life; investigator and one NVSN participant a. Clear definition of the geographic vaccine-specific coverage rates of all to two meetings at CDC in Atlanta area and population base in which the recommended vaccines at specified during the first year of the program. NVSN site will operate. Detailed ages, before and after incorporating new G. Submission and Deadline description of the demographics of the vaccines; the number of visits used to proposed population base. complete administration of all Letter of Intent (LOI) b. Clear description of various special recommended vaccines by ages 1 and 2; In order to assist CDC with planning, populations within the defined and revenues and costs associated with your letter of intent should include: (1) population base as they relate to the incorporating new vaccines in practice. Name and address of institution, and (2) proposed activities of the NVSN site. In describing plans to enhance name, address, and telephone number of Extent to which the population base is surveillance for newly vaccine contact person. The letter of intent must diverse in terms of demographics and preventable diseases (Recipient be submitted on or before July 16, 1999, special populations. activities, D.2.), applicants may include to the Grants Management Specialist c. Description of vaccination but need not be limited to a description identified in the ‘‘Where to Obtain providers within the NVSN site and the of approaches to collecting outpatient Additional Information’’ section of this representativeness of the providers and data from the network of pediatric care announcement. patient populations included in the providers who can report specified study network. Application clinical diagnoses, therapy, and 3. Description of existing capacity to outcome, and enhance etiological Submit the original and two copies of implement new vaccines and assess diagnosis of infections such as rotavirus, PHS 5161–1. Forms are available in the their impact: (15 points) pertussis, and/or influenza; enhancing application kit. On or before August 18, a. Description of applicant’s past laboratory diagnosis which could be 1999, submit the application to the experience in conducting studies of conducted as an ongoing or periodic Grants Management Specialist vaccines including monitoring coverage, activity (e.g., one day per week) identified in the ‘‘Where to Obtain disease, and impact; and in applied depending on the needed sample size; Additional Information’’ section of this epidemiologic research and health and estimating the completeness of case announcement. services research, in general. detection using an appropriate method Deadline: Applications shall be b. Demonstration of applicant’s ability such as focused chart reviews. Detection considered as meeting the deadline if to develop and maintain strong and reporting of inpatient conditions they are either: may include but need not be limited to cooperative relationships with both (a) Received on or before the deadline; public and private vaccine providers at data on all children in the surveillance or area hospitalized for varicella, the NVSN site, public health agencies, (b) Sent on or before the deadline date academic centers, managed care gastroenteritis, pneumonia, and and received in time for submission to documented pneumococcal or influenza organizations, and community the review panel. (Applicants must organizations. Evidence of applicant’s infections. In addition, applicants request a legibly dated U.S. Postal should describe approaches to obtaining ability to solicit and secure Service postmark or obtain a legibly programmatic collaboration, and additional data on etiological diagnosis dated receipt from a commercial carrier (where available), demographic data, financial and technical support from of U.S. Postal Service. Private metered such organizations. and clinical course (for example, postmarks shall not be acceptable as through chart reviews), and data on c. Demonstration of support from non- proof of timely mailing). applicant participating agencies, vaccination status. Late Applications: Applications institutions, organizations, laboratories, In describing plans for serological which do not meet the criteria (a) or (b) individuals, consultants, etc., indicated testing (Recipient activity D.3.), above a considered late applications, in applicant’s operational plan. applicants description may include but will not be considered, and will be 4. Operational plan (30 points) need not be limited to an approach to returned to the applicant. recruiting through the provider network; a. The extent to which the applicant’s age group of children tested (e.g., 20–28 H. Evaluation Criteria plan for establishing and operating the months); plans for phlebotomy, storage Each application will be evaluated NVSN site clearly describes the and shipping of serum samples to CDC; individually against the following proposed organizational and operating and plans for providing additional doses criteria by an independent review group structure/procedures and clearly of vaccine to children who are found to appointed by CDC. identifies the roles and responsibilities have less than protective levels of 1. Understanding the objectives of the of all participating agencies, antibody for one or more vaccines NVSN (5 points) organizations, institutions, and (where good correlates of protection a. Demonstration of a clear individuals. The extent to which the exist). An illustrative sample size understanding of the background and applicant describes plans for calculation should be included objectives of this cooperative program. collaboration with the other NVSN site recognizing that data from 2 sites will be b. Demonstration of a clear and CDC in the establishment and aggregated for analysis. understanding of the requirements, operation of the NVSN and individual responsibilities, problems, constraints, NVSN projects, including project Budget Instructions and complexities that may be design/development (e.g., protocols), For each line-item (as identified on encountered in establishing and management and analysis of data, and the Form 424a of the application), show operating the NVSN site. synthesis and dissemination of findings.

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b. Description of a plan to solicit and d. Description of approach to AR–2 Requirements for Inclusion of secure financial and technical assistance maintaining sufficiently flexible NVSN Women and Racial and Ethnic from other public and private staffing to accommodate the likelihood Minorities in Research organizations (e.g., schools of public that the requirements of NVSN projects AR–7 Executive Order 12372 Review health, university medical schools, will change from time to time due to public health laboratories, community- changes in the public health system’s AR–9 Paperwork Reduction Act based organizations, other Federal and need for information or licensure of new Requirements State government agencies, research vaccines. AR–10 Smoke-Free Workplace organizations, foundations, etc.) to 7. Evaluation (10 points) Requirements supplement the proposed funding from a. Quality of plan for monitoring and AR–11 Healthy People 2000 CDC. evaluating the quality of vaccine c. Quality of the proposed projects coverage data, the completeness of case AR–12 Lobbying Restrictions regarding consistency with public ascertainment, and the scientific and J. Authority and Catalog of Federal health needs, intent of this program, operational accomplishments of the Domestic Assistance Number feasibility, methodology/approach, and NVSN site and of individual NVSN collaboration/participation of partner projects This program is authorized under organizations. The degree to which the b. Quality of plan for monitoring and sections 301(a) and 317(k)(1),(2) of the applicant has met the CDC Policy evaluating progress in achieving the Public Health Service Act (42 U.S.C. requirements regarding the inclusion of purpose and overall goals of this sections 241(a) and 247b(k)(1),(2)), as women, ethnic, and racial groups in the cooperative program. amended. The Catalog of Federal proposed research. This includes: (1) 8. Budget (not scored) Domestic Assistance number is 93.185. The proposed plan for the inclusion of If requesting funds for any contracts, both sexes and racial and ethnic provide the following information for K. Where To Obtain Additional minority populations for appropriate each proposed contract: (1) Name of Information representation; (2) The proposed proposed contractor, (2) breakdown and Copies of this and other justification when representation is justification for estimated costs, (3) limited or absent; (3) A statement as to description and scope of activities to be announcements and application forms whether the design of the study is performed by contractor, (4) period of may be downloaded from the CDC adequate to measure differences when performance, and (5) method of homepage address on the Internet: warranted; and (4) A statement as to contractor selection (e.g., sole-source or http://www.cdc.gov. Click on whether the plans for recruitment and competitive solicitation). ‘‘funding’’. outreach for study participants include 9. Human Subjects (not scored) To receive additional written the process of establishing partnerships Does the application adequately information and to request an with community(ies) and recognition of address the requirements of Title 45 application kit, call 1–888-GRANTS4 mutual benefits. CFR Part 46 for the protection of human (1–888–472–6874). You will be asked to 5. Collaborative relationships (15 subjects? leave your name and address and you points) will be instructed to identify the I. Other Requirements If applicant is a state or local health Announcement number of interest. If department, description of applicant’s Technical Reporting Requirements you have questions after reviewing the partnerships with necessary and contents of all the documents, business appropriate non-governmental Provide CDC with original plus two copies of: management technical assistance may organizations for establishing and be obtained from: Sharron Orum, Grants operating the proposed NVSN and for 1. Semiannual progress reports. The first semiannual report is required with Management Specialist, Grants conducting individual NVSN projects. If Management Branch, Procurement & applicant is a non-governmental each year’s continuation application and should cover program activities Grants Office, Announcement 99129, organization, description of applicant’s Centers for Disease Control and plans for collaboration with State public from beginning of the current budget period to date of report/application Prevention (CDC), 2920 Brandywine health officials for establishing and Road, Room 3000, Atlanta, GA 30341– operating the proposed NVSN and for preparation. The second semiannual report is due 90 days after the end of 4146, Telephone: (770) 488–2716, Fax: conducting individual NVSN projects. (770) 488–2716, E-mail: [email protected] 6. Personnel qualifications and each budget period and should cover management plan (15 points) activities for the entire budget period. For program technical assistance, a. Identification of applicant’s key 2. Financial Status Report (FSR), no contact: Benjamin Schwartz, M.D., or professional personnel to be assigned to more than 90 days after the end of the Melinda Wharton, M.D., Epidemiology the NVSN site and NVSN projects. Clear budget period; and and Surveillance Division, National identification of their respective roles in 3. Final FSR and performance reports, Immunization Program, Centers for the management and operation of the no more than 90 days after the end of Disease Control and Prevention (CDC), NVSN site. Descriptions of their the project period. 1600 Clifton Road, NE, Mailstop E–61, experience in conducting work similar Send all reports to the Grants Atlanta, GA 30333, Telephone: (404) to that proposed in this announcement. Management Specialist identified in the 639–8254 and (404) 639–8253, E-mail: b. Identification of key professional ‘‘Where to Obtain Additional [email protected] and [email protected] personnel from other participating or Information’’ section of this Dated: June 23, 1999. collaborating institutions, agencies, announcement. organizations outside of the applicant’s The following additional John L. Williams, agency that will be assigned to NVSN requirements are applicable to this Director, Procurement and Grants Office, activities. Clear identification of their program. For a complete description of Centers for Disease Control and Prevention respective roles. each, see Attachment I in the (CDC). c. Description of all support staff and application kit. [FR Doc. 99–16475 Filed 6–28–99; 8:45 am] services to be assigned to the NVSN. AR–1 Human Subjects Requirements BILLING CODE 4163±18±P

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DEPARTMENT OF HEALTH AND will be made for a 12-month budget institution participating in the research HUMAN SERVICES period within a project period of up to project as well as the CDC IRB. CDC IRB 2 years. Funding estimates may change. will review the projects on at least an Centers for Disease Control and Continuation awards within the annual basis until the research is Prevention project period will be made on the basis complete. [Program Announcement 99131] of satisfactory progress and the 5. As needed, provide clinical availability of funds. laboratory services, at no charge, to Active Sentinel Hospital Surveillance Applicants may request Federal ensure cases of rotavirus gastroenteritis and Epidemiologic Studies for personnel, equipment, or supplies (such are strain typed. as rapid antigen EIA test kits for testing Rotavirus Gastroenteritis; Notice of E. Application Content Availability of Funds hospitalized patients with gastroenteritis) as direct assistance, in Use the information in the Program A. Purpose lieu of a portion of financial assistance. Requirements, Other Requirements, and Evaluation Criteria sections to develop The Centers for Disease Control and D. Program Requirements Prevention (CDC) announces the the application. Your application will In conducting the activities to achieve availability of fiscal year (FY) 1999 be evaluated on the criteria listed, so it the purpose of this program, the funds for a cooperative agreement for is important to follow them in preparing recipient will be responsible for the Active Sentinel Hospital Surveillance your research plan. activities listed under A. (Recipient Applicants must indicate whether and Epidemiologic Studies for Rotavirus Activities) and CDC will be responsible they are applying to be a site where Gastroenteritis. This program addresses for the activities listed under B. (CDC active surveillance will be performed the ‘‘Healthy People 2000’’, Activities). (‘‘surveillance site’’), or to be a site Immunization and Infectious Diseases. The purpose of the program is to A. Recipient Activities where active surveillance and case- provide assistance to recipients to control studies will be performed 1. Meet three or four times each year (‘‘combined study site’’). Applicants develop, maintain, and evaluate with other funded sites to develop surveillance for hospitalizations among may apply to be considered for either standardized research protocols one or both study sites, but must submit children <5 years of age due to rotavirus (surveillance and epidemiologic gastroenteritis and to conduct case- separate applications for each type—one studies). for funding to conduct active control studies (enrolling patients 2. Establish, maintain, and evaluate a hospitalized with rotavirus surveillance only and one to conduct surveillance system for hospitalizations surveillance and case-control studies gastroenteritis and appropriate control due to rotavirus gastroenteritis among subjects) to evaluate vaccine only. children <5 years of age in the The research plan for each application effectiveness and risk factors for severe hospital(s) affiliated with recipient should include the sections listed in the rotavirus disease and hospitalization institution. table of contents on page CC of form due to rotavirus gastroenteritis. 3. Collect and analyze data. PHS 398: 4. Collaborate with a clinical B. Eligible Applicants 1. Specific aims of the proposed laboratory to ensure: (1) Cases of rotavirus sentinel hospital surveillance Applications may be submitted by pediatric gastroenteritis in the public and private nonprofit system. surveillance population are examined 2. Background and Significance. This organizations and by governments and for rotavirus; and (2) cases of rotavirus section should include the following: their agencies; that is, universities, gastroenteritis are strain typed. colleges, research institutions, hospitals, 5. Summarize the data and —the demographic characteristics of the other public and private nonprofit disseminate findings in peer-reviewed population served by the pediatric organizations, State and local journals and at professional meetings. hospital including race, ethnicity, and governments or their bona fide agents, 6. For sites conducting both active socio-economic data, and federally recognized Indian tribal surveillance and epidemiologic studies —detailed characteristics of the hospital governments, Indian tribes, or Indian only: Conduct case-control studies. including size, number of admissions, Tribal Organizations. Enroll and interview hospitalized case- academic affiliation, previous patients and age-matched control experience with pediatric research, Note: Public Law 104–65 states that an —information to demonstrate that the organization described in section 501(c)(4) of subjects from appropriate groups of children in order to examine vaccine applicant has the appropriate the Internal Revenue Code of 1986 that organizational structure, engages in lobbying activities is not eligible effectiveness and identify risk factors for to receive Federal funds constituting an severe rotavirus disease and administrative and laboratory award, grant, cooperative agreement, hospitalization due to rotavirus disease. support, and ability to access contract, loan, or any other form. appropriate target populations, B. CDC Activities current hospital guidelines (if any) C. Availability of Funds 1. Provide scientific and technical and information about hospital Approximately $250,000 is available assistance and coordination, as practice regarding testing for rotavirus in FY 1999 to fund four cooperative requested, for all phases of the study. in cases of gastroenteritis, and current agreement awards. It is expected that 2. As needed, participate in the laboratory testing procedures for there will be two awards at an average analysis of data gathered from research rotavirus. of $105,000 (direct and indirect costs) projects and the reporting of results. 3. Preliminary studies. This section for sites which conduct active 3. Facilitate group meetings with the should include the following: surveillance and epidemiologic studies sites to allow for the exchange of —number of admissions for and two awards at an average of $20,000 information and for input into the gastroenteritis in children <5 years of (direct and indirect costs) for sites development and refinement of the age (by year of age) which only conduct active surveillance. research and intervention protocol. —data on the number of admissions for It is expected that the awards will begin 4. Assist in the development of a laboratory confirmed rotavirus on or about September 30, 1999, and research protocol for IRB review by each gastroenteritis for the target age group,

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—other available data or previous 1999, submit the application to the that uptake of rotavirus vaccine is likely studies on rotavirus gastroenteritis in Grants Management Specialist to be substantial in the population the surveillance population, identified in the ‘‘Where to Obtain served by the hospital in the first 2 years —information on coverage with the Additional Information’’ section of this of surveillance, and the extent to which current routine infant immunizations, announcement. the applicant demonstrates capacity for including rotavirus vaccine, in this Deadline: Applications shall be estimation of rotavirus immunization population. considered as meeting the deadline if coverage rates during the study period, 4. Research Design and Methods. This they are either: (c) The extent to which previous section should include the following: (a) Received on or before the deadline studies demonstrate experience and —the proposed operation of date; or expertise in conducting studies on (b) Sent on or before the deadline date surveillance for rotavirus rotavirus in this population. gastroenteritis in the hospital, to and received in time for orderly include details of how cases of processing. (Applicants must request a 4. Research Design and Methods: (35 gastroenteritis will be detected, how legibly dated U.S. Postal Service percent) postmark or obtain a legibly dated routine testing of each case for The adequacy of the plan for receipt from a commercial carrier or rotavirus will be organized, how the detecting, testing for rotavirus, and U.S. Postal Service. Private metered immunization status of case-patients obtaining and reporting information, postmarks shall not be acceptable as will be verified, the type and format including verified immunization of data to be collected, mechanism for proof of timely mailing.) Late Applications: Applications histories on cases of childhood monitoring the system, and type of which do not meet the criteria in (a) or gastroenteritis, and the extent to which personnel required for obtaining and (b) above are considered late these proposed methods of testing will managing data. ensure complete monitoring for —The proposed operation of case- applications, will not be considered, and will be returned to the applicant. rotavirus of all cases of gastroenteritis control studies of cases of rotavirus admitted. gastroenteritis (if applying to perform G. Evaluation Criteria 5. Qualifications of Key Personnel: (15 epidemiologic studies). This should Each application will be evaluated percent) include a description of the individually against the following Qualifications, including training and populations from which control criteria by an independent review group experience, of key project personnel and subjects will be selected, details of appointed by CDC. Applications for the projected level of effort by each how case and control subjects will be ‘‘Surveillance Sites’’ will be evaluated toward accomplishment of the proposed selected and enrolled, possible against Criteria A., and applications for activities. sources of bias in selection of control ‘‘Combined Sites’’ will be Evaluated subjects, how the immunization status against Criteria B. 6. Budget (not scored) of case-patients and control subjects Extent to which the line-item budget will be verified, the type and format A. Surveillance sites is detailed, clearly justified, and of data to be collected, and type of 11. Specific aims: (5 percent) consistent with the purpose and personnel required for obtaining, objectives of this program. managing, and analyzing data. The extent to which the applicant 5. Current letters of support should be demonstrates an understanding of the 7. Human Subjects (not scored) included if applicant anticipates the purpose of the proposed rotavirus Does the application adequately participation of other organizations in sentinel hospital surveillance system address the requirements of Title 45 conducting proposed activities. activity and the feasibility of accomplishing the outcomes described. CFR Part 46 for the protection of human F. Submission and Deadline subjects? 2. Background and Significance: (15 Letter of Intent percent) 8. Inclusion of Women and Racial and In order to assist CDC in planning and The extent to which background Ethnic Minorities in Research (not executing the evaluation of applications information and other data demonstrate scored) submitted under this announcement, all that the applicant (a) has the The degree to which the applicant has parties intending to submit an appropriate organizational structure, met the CDC Policy requirements application are requested to submit a administrative and laboratory support, regarding the inclusion of women, letter of intent. Your letter of intent and the ability to access and test cases ethnic, and racial groups in the should include the following of gastroenteritis admitted to the proposed research. This includes: information. (1) Name and address of hospital and affiliated emergency A. The proposed plan for the institution, and (2) name, address, and department and (b) has experience with inclusion of both sexes and racial and telephone number of contact person, (3) conducting pediatric research. ethnic minority populations for identification of type site(s). On or appropriate representation. before July 16, 1999, submit the letter of 3. Preliminary Studies: ( 30 percent) B. The proposed justification when intent to the Grants Management (a) The extent to which the applicant representation is limited or absent. Specialist identified in the ‘‘Where to demonstrates that the participating Obtain Additional Information’’ section hospital(s) will have sufficient rotavirus C. A statement as to whether the of this announcement. admissions among children <5 years of design of the study is adequate to age to provide adequate statistical measure differences when warranted. Application power for surveillance studies (i.e. >150 D. A statement as to whether the Submit the original and five copies of admissions per year due to plans for recruitment and outreach for PHS 398 (OMB Number 0925–0001) gastroenteritis or >75 admissions per study participants include the process (adhere to the instructions on the Errata year due to rotavirus gastroenteritis), of establishing partnerships with Instruction Sheet). Forms are in the (b) The extent to which background community(ies) and recognition of application kit. On or before August 18, information and other data demonstrate mutual benefits.

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B. Combined Study Sites and risk factors; adequacy of the plan to AR 98–1 Human Subjects minimize potential sources of bias in Requirements 1. Specific Aims: (5 percent) the selection of control populations. AR 98–2 Requirements for Inclusion of The extent to which the applicant Women and Racial and Ethnic demonstrates an understanding of the 5. Qualifications of key personnel: (15 Minorities in Research purpose of the proposed rotavirus percent) AR 98–7 Executive Order 12372 sentinel hospital surveillance system Qualifications, including training and Review activity and the feasibility of experience, of key project personnel and AR 98–9 Paperwork Reduction Act accomplishing the outcomes described. the projected level of effort by each Requirements toward accomplishment of the proposed AR 98–10 Smoke-Free Workplace 2. Background and Significance: (10 activities. Requirements percent) AR 98–11 Healthy People 2000 The extent to which background 6. Budget (not scored) AR 98–12 Lobbying Restrictions information and other data demonstrate Extent to which the line-item budget I. Authority and Catalog of Federal that the applicant (a) Has the is detailed, clearly justified, and Domestic Assistance Number appropriate organizational structure, consistent with the purpose and administrative and laboratory support, objectives of this program. This program is authorized under and the ability to access and test cases sections 301(a) and 317(k)(1) and (K)(2) of gastroenteritis admitted to the 7. Human Subjects (not scored) of the Public Health Service Act [42 hospital and affiliated emergency Does the application adequately U.S.C. 241(a), 247b(K)(1) and (k)(2)]. department and (b) has experience with address the requirements of Title 45 The Catalog of Federal Domestic Assistance conducting pediatric research. CFR part 46 for the protection of human Number is 93.185. subjects? 3. Preliminary studies: (25 percent) J. Where To Obtain Additional Information (a) The extent to which the applicant 8. Inclusion of Women and Racial and demonstrates that the participating Ethnic Minorities in Research (not This and other CDC announcements hospital(s) will have sufficient rotavirus scored) may be viewed and downloaded from admissions among children <5 years of The degree to which the applicant has the CDC homepage on the Internet, at: age to provide adequate statistical met the CDC Policy requirements http://www.cdc.gov. Click on ‘‘funding power for surveillance studies (i.e., regarding the inclusion of women, opportunities.’’ >150 admissions per year due to ethnic, and racial groups in the To receive additional written gastroenteritis or >75 admissions per proposed research. This includes: information and to request an year due to rotavirus gastroenteritis), A. The proposed plan for the application kit, call 1–888–GRANTS4 (b) The extent to which background inclusion of both sexes and racial and (1–888–472–6874). You will be asked to information and other data demonstrate ethnic minority populations for leave your name and address and you that uptake of rotavirus vaccine is likely appropriate representation. will be instructed to identify the to be substantial in the population B. The proposed justification when Announcement number of interest. If served by the hospital in the first 2 years representation is limited or absent. you have questions after reviewing the of surveillance, and the extent to which C. A statement as to whether the contents of all documents, business the applicant demonstrates capacity for design of the study is adequate to management technical assistance may estimation of rotavirus immunization measure differences when warranted. be obtained from: Sharron Orum, Grants coverage rates during the study period, D. A statement as to whether the Management Specialist, Grants (c) The extent to which previous plans for recruitment and outreach for Management Branch, Procurement and studies demonstrate experience and study participants include the process Grants Office, Centers for Disease expertise in conducting studies on of establishing partnerships with Control and Prevention (CDC), 2920 rotavirus in this population. community(ies) and recognition of Brandywine Road, Room 3000, Atlanta, mutual benefits. GA 30341–4146, Telephone: (770) 488– 4. Research design and methods: (45 2716, E-Mail: [email protected]. percent) H. Other Requirements Programmatic technical assistance (a) The adequacy of the plan for Technical Reporting Requirements may be obtained from: detecting, testing for rotavirus, and Provide CDC with original plus two Charles Vitek, M.D., Medical obtaining and reporting information, copies of: Epidemiologist, Epidemiology and including verified immunization 1. Semiannual progress reports. Surveillance Division, National histories on cases of childhood 2. Financial Status Report (FSR), no Immunization Program, Mailstop E– gastroenteritis, and the extent to which more than 90 days after the end of the 61, Centers for Disease Control and these proposed methods of testing will budget period Prevention (CDC), Telephone: (404) ensure complete monitoring for 3. Final FSR and performance report, 639–8715, E-Mail: [email protected] rotavirus of all cases of gastroenteritis no more than 90 days after the end of OR admitted. the project period. Rebecca Prevots, Ph.D., Epidemiologist, (b) Ability to enroll and interview an Send all reports to the Grants Epidemiology and Surveillance adequate (>50 per year) number of Management Specialist identified in the Division, National Immunization hospitalized children with cases of ‘‘Where to Obtain Additional Program, Mailstop E–61, Centers for rotavirus gastroenteritis. Information’’ section of this Disease Control and Prevention (c) Adequacy of the plan for selecting, announcement. (CDC), Telephone (404) 639–8255, E- enrolling, and interviewing suitable The following additional Mail: [email protected] controls, including the plan for requirements are applicable to this OR obtaining a suitable number of controls program. For a complete description of Joseph Bresee, M.D., Medical per case to obtain a study with adequate each, see Addendum I in the application Epidemiologist, Viral and Rickettsial power to assess vaccine effectiveness kit. Diseases, Natl. Center for Infectious

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Diseases, Mailstop A–34, Centers for not propose to amend the existing Please call the Information Line for up- Disease Control and Prevention regulation. to-date information on this meeting. (CDC), Atlanta, GA 30333, Telephone: To more accurately describe the Agenda: On July 15, 1999, the (404) 639–4651, E-Mail: [email protected] pigments that are the subjects of this committee will discuss the following Dated: June 23, 1999. petition, FDA is amending the filing issues: (1) An update of FDA’s John L. Williams, notice of June 22, 1998, to indicate that regulatory policy concerning the the petition proposes to amend the color Director, Procurement and Grants Office, implications on biological product Centers for Disease Control and Prevention additive regulations to provide for the development of fast track and the recent (CDC). safe use of composite pigments prepared pediatric rule, (2) a scientific discussion [FR Doc. 99–16473 Filed 6–28–99; 8:45 am] from synthetic iron oxide, mica, and concerning immune reactions to titanium dioxide to color ingested BILLING CODE 4163±18±P therapeutic and diagnostic biological drugs. products, (3) the report of the June 3 The agency has determined under 21 through 4, 1999, meeting of the DEPARTMENT OF HEALTH AND CFR 25.32(r) that this action is of a type xenotransplantation subcommittee, and HUMAN SERVICES that does not individually or (4) an update of research programs in cumulatively have a significant effect on the Laboratory of Cytokine Research, Food and Drug Administration the human environment. Therefore, Office of Therapeutics Research and neither an environmental assessment [Docket No. 98C±0431] Review, Center for Biologics Evaluation nor an environmental impact statement and Research. is required. EM Industries, Inc.; Filing of Color Procedure: On July 15, 1999, from 8 Additive Petition; Amendment Dated: June 2, 1999. a.m. to approximately 1 p.m., and from Alan M. Rulis, AGENCY: Food and Drug Administration, 1:30 p.m. to approximately 5 p.m., the HHS. Director, Office of Premarket Approval, meeting is open to the public. Interested Center for Food Safety and Applied Nutrition. persons may present data, information, ACTION: Notice. [FR Doc. 99–16527 Filed 6–28–99; 8:45 am] or views, orally or in writing, on issues SUMMARY: The Food and Drug BILLING CODE 4160±01±F pending before the committee. Written Administration (FDA) is amending the submissions may be made to the contact filing notice for a color additive petition person by July 8, 1999. Oral DEPARTMENT OF HEALTH AND filed by EM Industries, Inc., to clarify presentations from the public will be HUMAN SERVICES that the petitioner’s request is to amend scheduled between approximately 8:10 a.m. to 9:10 a.m. Time allotted for each the color additive regulations to provide Food and Drug Administration for the safe use of composite pigments presentation may be limited. Those made from synthetic iron oxide, Biological Response Modifiers desiring to make formal oral titanium dioxide, and mica to color Advisory Committee; Notice of Meeting presentations should notify the contact ingested drugs. person before July 8, 1999, and submit a brief statement of the general nature of FOR FURTHER INFORMATION CONTACT: AGENCY: Food and Drug Administration, the evidence or arguments they wish to Aydin O¨ rstan, Center for Food Safety HHS. present, the names and addresses of and Applied Nutrition (HFS–215), Food ACTION: Notice. proposed participants, and an and Drug Administration, 200 C St. SW., indication of the approximate time Washington, DC 20204, 202–418–3076. This notice announces a forthcoming requested to make their presentation. SUPPLEMENTARY INFORMATION: In a notice meeting of a public advisory committee published in the Federal Register of of the Food and Drug Administration Closed Committee Deliberations: On June 22, 1998 (63 FR 33934), FDA (FDA). At least one portion of the July 15, 1999, from 1 p.m. to 1:30 p.m., announced that a color additive petition meeting will be closed to the public. the meeting will be closed to permit (CAP 8C0257) had been filed by EM Name of Committee: Biological discussion and review of trade secret Industries, Inc., 7 Skyline Dr., Response Modifiers Advisory and/or confidential information (5 Hawthorne, NY 10532. The petition Committee. U.S.C. 552b(c)(4)). The meeting will be proposed to amend the color additive General Function of the Committee: closed to discuss issues relating to regulations to provide for the safe use of To provide advice and pending or proposed investigational synthetic iron oxide to color ingested recommendations to the agency on new drug applications. The meeting will drugs at levels higher than the current FDA’s regulatory issues. also be closed from 5 p.m. to 5:45 p.m., limit and to provide for the safe use of Date and Time: The meeting will be to permit discussion where disclosure mica to color ingested drugs. held on July 15, 1999, 8 a.m. to 5:45 would constitute a clearly unwarranted The data in the petition indicated that p.m. invasion of personal privacy (5 U.S.C. the petitioner manufactured color Location: Holiday Inn, Versailles 552b(c)(6)). This portion of the meeting additives, to color ingested drugs, by Ballrooms I and II, 8120 Wisconsin will be closed to permit discussion of combining synthetic iron oxide, mica, Ave., Bethesda, MD. this information. and titanium dioxide. Based on these Contact Person: Gail M. Dapolito or Notice of this meeting is given under data, at the time of the filing of the Rosanna L. Harvey, Center for Biologics the Federal Advisory Committee Act (5 petition, FDA considered the color Evaluation and Research (HFM–71), U.S.C. app. 2). additive combinations the petitioner Food and Drug Administration, 1401 Dated: June 21, 1999. prepared from synthetic iron oxide, Rockville Pike, Rockville, MD 20852, mica, and titanium dioxide to be color 301–827–0314, or FDA Advisory Linda A. Suydam, additive mixtures. Titanium dioxide Committee Information Line, 1–800– Senior Associate Commissioner. was already listed as a color additive for 741–8138 (301–443–0572 in the [FR Doc. 99–16442 Filed 6–28–99; 8:45 am] ingested drug use and the petition did Washington, DC area), code 12389. BILLING CODE 4160±01±F

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DEPARTMENT OF HEALTH AND Total Annual Burden Hours Requested: DEPARTMENT OF HEALTH AND HUMAN SERVICES 774. The annualized cost to respondents HUMAN SERVICES is estimated at $31,852. There are no National Institutes of Health Operating or Maintenance Costs to National Institutes of Health report. Submission for OMB Review; Submission for OMB Review; Comment Request Physician Survey Request for Comments Comment Request; Physicians' on Genetic Testing Resolution of Ethical Problems and Written comments and/or suggestions Use of Institutional Consultation SUMMARY: Under the provisions of from the public and affected agencies Services Section 3506(c)(2)(A) of the Paperwork should address one or more of the Reduction Act of 1995, the National following points: (1) Evaluate whether Summary Cancer Institute (NCI), the National the proposed collection of information Under the provisions of Section Institutes of Health (NIH) has submitted is necessary for the proper performance 3506(c)(2)(A) of the Paperwork to the Office of Management and Budget of the function of the agency, including Reduction Act of 1995, the Department (OMB) a request to review and approve whether the information will have of Clinical Bioethics, Warren G. the information collection listed below. practical utility; (2) The accuracy of the Magnuson Clinical Center, the National This proposed information collection agency’s estimate of the burden of the Institutes of Health (NIH) has submitted was previously published in the Federal proposed collection of information, to the Office of Management and Budget Register, on January 21, 1999, Volume (OMB) a request to review and approve including the validity of the 64, pages 3305 and 3306 and allowed 60 the information collection listed below. methodology and assumptions used; (3) days for public comment. No public This proposed information collection comments were received. The purpose Ways to enhance the quality, utility and was previously published in the Federal of this notice is to allow an additional clarity of the information to be Register on September 4, 1998, vol. 63, 30 days for public comment. collected; and (4) Ways to minimize the no. 172, pages 47310–47311 and burden of the collection of information Proposed Collection allowed 60-days for public comment. on those who are to respond, including No public comments were received. The Title: American Stop Smoking the use of appropriated automated, purpose of this notice is to allow an Intervention Study for Cancer electronic, mechanical, or other additional 30 days for public comment. Prevention (ASSIST) Final Evaluation: technological collection techniques or The National Institutes of Health may ‘‘Strength of Tobacco Control Survey’’. other forms on information technology. not conduct or sponsor, and the Type of Information Request: New. respondent is not required to respond Direct Comments to OMB Need and Use of Information Collection: to, an information collection that has ‘‘The Strength of Tobacco Control Written comments and/or suggestions been extended, revised, or implemented Survey’’ will collect data on financial regarding the item(s) contained in this on or after October 1, 1995, unless it resources, capacity, and specific efforts notice, especially regarding the displays a currently valid OMB control to control tobacco use. The data will be estimated public burden and associated number. collected from professionals working in the field, in project management, and in response time, should be directed to the: Proposed Collection senior agency administration within Office of Management and Budget, Title: Physicians’ Resolution of major state-level organizations Office of Regulatory Affairs, New Ethical Problems and Use of concerned with tobacco control, in all Executive Office Building, Room 10235, Institutional Consultation Services. 50 states and the District of Columbia. Washington, DC 20503, Attention: Desk Type of Information Collection Request: The data will be used by the National Officer for NIH. To request more NEW. Need and Use of Information Cancer Institute to evaluate the information on the proposed project or Collection: The survey asks for effectiveness of the American Stop to obtain a copy of the data collection information about: (1) The ways that Smoking Intervention Study for Cancer plans and instruments, contact Frances physicians address ethical problems Prevention (ASSIST), a large-scale, 17- Stillman, Ed.D., Public Health Advisor, that arise in their practice; (2) the types state demonstration project. Data will be National Cancer Institute, Executive of questions that physicians perceive to used to develop a ‘‘strength of tobacco Plaza North, Room 241, 6130 Executive raise ethical issues, and how often these control’’ construct for use in evaluation Boulevard MSC 7337, Bethesda, arise; (3) how frequently physicians use of the overall ASSIST intervention. This Maryland 20892–7337, or call non-toll the ethics consultation service (if any) at study will also provide valuable free number (301) 496–8584, or FAX their primary institution; and (4) the information to Government agencies your request to (301) 496–8675. reasons why physicians do and do not and to the general public necessary for request formal ethics consultation tobacco control research. Data will be Comments Due Date through their institution’s ethics collected from September to November consultation service. The information Comments regarding this information 1999, from approximately 1,428 collected will help the NIH and other collection are best assured of having individuals in 357 organizations in the health care institutions to structure their their full effect if received within 30 50 states and the District of Columbia. ethics consultation service, and other Frequency of Response: One-time study. days of the date of this publication. ethics resources, to provide more Affected Public: Individuals. Type of Dated: June 18, 1999. helpful and responsive ways of Respondents: Professionals in tobacco Reesa L. Nichols, addressing ethical problems and control organizations. The annual NCI Project Clearance Liaison. dilemmas. Frequency of Response: One reporting burden is as follows: [FR Doc. 99–16463 Filed 6–28–99; 8:45 am] time. Affected Public: Internal medicine Estimated Number of Respondents: doctors throughout the U.S. Type of 1,428; Estimated Number of Responses BILLING CODE 4140±01±M Respondents: Clinical Oncologists, per Respondent: 1; Average Burden Critical Care Specialists and other Hour per Response: .54; and Estimated Internal Medicine physicians. The

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34818 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices annual reporting burden is as follows: Dated: May 31, 1999. (Catalogue of Federal Domestic Assistance Estimated Number of Respondents: 450; David K. Henderson, M.D., Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Estimated Number of Responses per Deputy Director for Clinical Care, Warren G. Research; 93.394, Cancer Detection and Magnuson Clinical Center, National Institutes Respondent: 1; Average Burden Hours Diagnosis Research; 93.395, Cancer of Health. Per Response: 5; and Estimated Total Treatment Research; 93.396, Cancer Biology Annual Burden Hours requested: 225. [FR Doc. 99–16464 Filed 6–28–99; 8:45 am] Research; 93.397, Cancer Centers Support; The annualized cost to respondents is BILLING CODE 4140±01±M 93.398, Cancer Research Manpower; 93.399, estimated at: $nil. There are no Capital Cancer Control, National Institutes of Health, Costs to report. There are no Operating HHS) DEPARTMENT OF HEALTH AND or Maintenance Costs to report. Dated: June 21, 999. HUMAN SERVICES La Verne Y. Stringfield, Request For Comments National Institutes of Health Committee Management Officer, NIH. Written comments and/or suggestions [FR Doc. 16459 Filed 6–28–99; 8:45 am] from the public and affected agencies National Cancer Institute; Notice of BILLING CODE 4140±01±M are invited on one or more of the Meeting following points: (1) Whether the Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND proposed collection of information is Federal Advisory Committee Act, as HUMAN SERVICES necessary for the proper performance of amended (5 U.S.C. Appendix 2), notice the function of the agency, including is hereby given of the meeting of the National Institutes of Health whether the information will have Board of Scientific Counselors, National practical utility; (2) the accuracy of the Cancer Institute. National Cancer Institute; Notice of agency’s estimate of the burden of the The meeting will be open to the Meeting proposed collection of information, public as indicated below, with Pursuant to section 10(d) of the including the validity of the attendance limited to spaceavailable. Federal Advisory Committee Act, as methodology and assumptions used; (3) Individuals who plan to attend and amended (5 U.S.C. Appendix 2), notice ways to enhance the quality, utility, and need special assistance, such as sign is hereby given of the meeting of the clarity of the information to be language interpretation or other Board of Scientific Counselors, National collected; and (4) ways to minimize the reasonable accommodations, should Cancer Institute. burden of the collection of information notify the Contact Person listed below The meeting will be open to the on those who are to respond, including in advance of the meeting. public as indicated below, with the use of appropriate automated, The meeting will be closed to the attendance limited to space available. electronic, mechanical, or other public in accordance with the Individuals who plan to attend and technological collection techniques or provisions set forth in section 552b(c)(6) need special assistance, such as sign other forms of information technology. and 552b(c)(9)(B), Title 5 U.S.C., as language interpretation or other amended. The discussions could reveal reasonable accommodations, should Direct Comments to OMB information of a personal nature where notify the Contact Person listed below Written comments and/or suggestions disclosure would constitute a clearly in advance of the meeting. regarding the item(s) contained in this unwarranted invasion of personal The meeting will be closed to the privacy and the premature disclosure of notice, especially regarding the public in accordance with the discussions related to personnel and estimated public burden and associated provisions set forth in section 552b(c)(6) programmatic issues would be likely to response time, should be directed to the: and 552b(c)(9)(B), Title 5 U.S.C., as significantly frustrate the subsequent amended. The discussions could reveal Office of Management and Budget, implementation of recommendations. Office of Regulatory Affairs, New information of a personal nature where disclosure would constitute a clearly Executive Office Building, Room 10235, Name of Committee: Board of Scientific Counselors, National Cancer Institute, unwarranted invasion of personal Washington, DC 20503, Attention: Desk Subcommittee B—Basic Sciences. privacy and the premature disclosure of Officer for NIH. Date: July 12, 1999. discussions related to personnel and To request more information on the Open: 8:30 AM to 8:50 AM. programmatic issues would be likely to proposed project or to obtain a copy of Agenda: Chairman’s Remarks and Review significantly frustrate the subsequent the data collection plans and Issues Update. Place: National Cancer Institute, 9000 implementation recommendations. instruments, contact: Dr. Gordon DuVal, Rockville Pike, Building 31, C Wing, 6th Name of Committee: Board of Scientific Department of Clinical Bioethics, Floor, Conference Room 6, Bethesda, MD Counselors, National Cancer Institute, Building 10, Room C118, National 20892. Subcommittee A—Clinical Sciences and Institutes of Health, Bethesda, MD Closed: 8:50 AM to 5:00 PM. Epidemiology. 20892–1156, or telephone (301) 435– Agenda: To review and evaluate Site Visit Date: July 19, 1999. 8717, or e-mail your request, including Reports; Status Report; Division Director’s Open: 9:00 AM to 10:00 AM. Report and Discussion of personnel and Agenda: Chairman’s Remarks; Review your address to: [email protected]. programmatic issues. Issues Update; Ethics Review; and Legislative Comments Due Date Place: National Cancer Institute, 9000 Update. Rockville Pike, Building 31, C Wing, 6th Place: National Cancer Institute, 9000 Comments regarding this information Floor, Conference Room 6, Bethesda, MD Rockville Pike, Building 31, C Wing, 6th collection are best assured of having 20892. Floor, Conference Room 6, Bethesda, MD Contact Person: Florence E. Farber, Ph.D., 20892. their full effect if received within 30- Executive Secretary, Institute Review Office, Closed: 10:00 AM to 4:00 PM. days of the date of this publication. office of the Director, National Cancer Agenda: To review and evaluate Site Visit Institute, National Institutes of Health, 6130 Report; Brain Tumor/EMF Study; Division Executive Boulevard, EPN 609, Rockville, Director’s Reports; Discussion of personnel MD 20892, (301) 496–2378. and programmatic issues.

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Place: National Cancer Institute, 9000 Diagnosis Research; 93.395, Cancer DEPARTMENT OF HEALTH AND Rockville Pike, Building 31, C Wing, 6th Treatment Research; 93.396, Cancer Biology HUMAN SERVICES Floor, Conference Room 6, Bethesda, MD Research; 93.397, Cancer Centers Support; 20892. 93.398, Cancer Research Manpower; 93.399, National Institutes of Health Contact Person: Judy A. Aietz, Ph.D., Cancer Control, National Institutes of Health, Executive Secretary, Institute Review Office, HHS) National Center for Research Office of the Director, National Cancer Resources; Notice of Closed Meeting Institute, National Institutes of Health, 6130 Dated: June 18, 1999. Executive Boulevard, EPN 609, Rockville, LaVerne Y. Stringfield, Pursuant to section 10(d) of the MD 20892, (301) 496–2378. Committee Management Officer, NIH. Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance [FR Doc. 99–16461 Filed 6–28–99; 8:45 am] amended (5 U.S.C. Appendix 2), notice Program Nos. 93.392, Cancer Construction; BILLING CODE 4140±01±M is hereby given of the following 93.393, Cancer Cause and Prevention meeting. Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer The meeting will be closed to the Treatment Research; 93.396, Cancer Biology DEPARTMENT OF HEALTH AND public in accordance with the Research; 93.397, Cancer Centers Support; HUMAN SERVICES provisions set forth in sections 93.398, Cancer Research Manpower; 93.399, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Cancer Control, National Institutes of Health, National Institutes of Health as amended. The grant applications and HHS) the discussions could disclose Dated: June 21, 1999. National Cancer Institute; Notice of confidential trade secrets or commercial La Verne Y. Stringfield, Meeting property such as patentable material, Committee Management Officer, NIH. and personal information concerning [FR Doc. 99–16460 Filed 6–28–99; 8:45 am] Pursuant to section 10(a) of the individuals associated with the grant BILLING CODE 4140±01±M Federal Advisory Committee Act, as applications, the disclosure of which amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted is hereby given of a meeting of the invasion of personal privacy. DEPARTMENT OF HEALTH AND President’s Cancer Panel. Name of Committee: National Center for HUMAN SERVICES The meeting will be open to the Research Resources Special Emphasis Panel, public, with attendance limited to space Comparative Medicine Review Committee. National Institutes of Health Date: July 28, 1999. available. Individuals who plan to Time: 8:00 AM to 5:30 PM. National Cancer Institute; Notice of attend and need special assistance, such Agenda: To review and evaluate grant Closed Meeting as sign language interpretation or other applications. reasonable accommodations, should Place: Holiday Inn Chevy Chase, 5520 Pursuant to section 10(d) of the notify the Contact Person listed below Wisconsin Avenue, Chevy Chase, MD 20815. Federal Advisory Committee Act, as in advance of the meeting. Contact Person: John D. Harding, PHD, amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Office of is hereby given of the following Name of Committee: President’s Cancer Review, National Center for Research meeting. Panel. Resources, 6705 Rockledge Drive, MSC 7965, The meeting will be closed to the Date: July 19, 1999. Room 6018, Bethesda, MD 20892–7965, 301– public in accordance with the Time: 8:30 AM to 5:00 PM. 435–0820. provisions set forth in section 552b(c)(4) Agenda: The National Cancer Program— (Catalogue of Federal Domestic Assistance and 552b(c)(6), Title 5 U.S.C., as History and Future. Program Nos. 93.306, Comparative Medicine, amended. The grant applications and Place: The Schepens Eye Research 93.306; 93.333, Clinical Research, 93.333; 93.371, Biomedical Technology; 93.389, the discussions could disclose Institute, Starr Center for Scientific Communications, 20 Staniford Street, Boston, Research Infrastructure, National Institutes of confidential trade secrets or commercial Health, HHS) MA 02114–2500. property such as patentable material, Dated: June 22, 1999. and personal information concerning Contact Person: Maureen O. Wilson, PHD, Anna P. Snouffer, individuals associated with the grant Executive Secretary, National Cancer applications, the disclosure of which Institute, National Institutes of Health, 31 Acting Director, Office of Federal Advisory Committee Policy. would constitute a clearly unwarranted Center Drive, Building 31, Room 4A48, invasion of personal privacy. Bethesda, MD 20892. [FR Doc. 99–16457 Filed 6–28–99; 8:45 am] (Catalogue of Federal Domestic Assistance BILLING CODE 4140±01±M Name of Committee: National Cancer Institute Special Emphasis Panel, Small Program Nos. 93.392, Cancer Construction; Grants Program for Cancer Epidemiology. 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and DEPARTMENT OF HEALTH AND Date: July 13, 1999. HUMAN SERVICES Time: 8:30 AM to 5:00 PM. Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Agenda: To review and evaluate grant National Institutes of Health applications. Research; 93.397, Cancer Centers Support; Place: Double Tree Hotel, 1750 Rockville 93.398, Cancer Research Manpower; 93.399, National Institute of Environmental Pike, Rockville, MD 20852. Cancer Control, National Institutes of Health, Health Sciences; Notice of Closed Contract Person: Wilna A. Woods, PHD, HHS) Deputy Chief, Special Review, Referral and Meeting Research Branch, Division of Extramural Dated: June 18, 1999. Activities, National Cancer Institute, National LaVerne Y. Stringfield, Pursuant to section 10(d) of the Federal Advisory Committee Act, as Institutes of Health, Rockville, MD 20852 Committee Management Officer, NIH. amended (5 U.S.C. Appendix 2), notice (301) 496–7903. [FR Doc 99–16462 Filed 6–28–99; 8:45 am] (Catalog of Federal Domestic Assistance is hereby given of the following BILLING CODE 4140±01±M Program Nos. 93.392, Cancer Construction; meeting. 93.393, Cancer Cause and Prevention The meeting will be closed to the Research; 93.394, Cancer Detection and public in accordance with the

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34820 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices provisions set forth in sections Name of Committee: National Institute of and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Mental Health Special Emphasis Panel. individuals associated with the grant as amended. The grant applications and Date: July 12, 1999. applications, the disclosure of which the discussions could disclose Time: 9:00 AM to 5:00 PM. would constitute a clearly unwarranted Agenda: To review and evaluate grant confidential trade secrets or commercial applications. invasion of personal privacy. property such as patentable material, Place: Doubletree Hotel , 300 Army Navy Name of Committee: Minority programs and personal information concerning Drive, Arlington, VA 22202. Review Committee, Mbrs Subcommittee B. individuals associated with the grant Contact Person: Jack D. Maser, PHD, Date: July 15–16, 1999. applications, the disclosure of which Scientific Review Administrator, Division of Time: 8:30 AM to 5:00 PM. would constitute a clearly unwarranted Extramural Activities, National Institute of Agenda: To review and evaluate grant invasion of personal privacy. Mental Health, NIH, Neuroscience Center, applications. 6001 Executive Blvd., Room 6150, MSC 9608, Place: Bethesda Holiday Inn, 8120 Name of Committee: Environmental Health Bethesda, MD 20892–9608, 301–443–1340. Wisconsin Avenue, Bethesda, MD 20814. Sciences Review Committee. This notice is being published less than 15 Contact Person: Michael A. Sesma, PHD, Date: July 29–30, 1999. days prior to the meeting due to the timing Scientific Review Administrator, Office of Time: 8:30 AM to 1:00 PM. limitations imposed by the review and Scientific Review, NIGMS, Natcher Building, Agenda: To review and evaluate grant funding cycle. Room 1AS19H, 45 Center Drive, Bethesda, application. Name of Committee: National Institute of MD 20892 (301) 594–2048. Place: National Institute of Environmental Mental Health Special Emphasis Panel. Health Sciences, South Campus, Building (Catalogue of Federal Domestic Assistance Date: July 13, 1999. 101 Conference Room, Research Triangle Program Nos. 93.375, Minority Biomedical Time: 8:30 AM to 5:00 PM. Park, NC 27709. Research Support; 93.821, Cell Biology and Agenda: To review and evaluate grant Contact Person: Linda K. Bass, PHD, Biophysics Research; 93.859, Pharmacology, applications. Scientific Review Administrator, National Physiology, and Biological Chemistry Place: Chevy Chase Holiday Inn, 5520 Institute of Environmental Health Sciences, Research; 93.862, Genetics and Wisconsin Ave., Chevy Chase, MD 20815. P.O. Box 12233, MD EC–24, Research Developmental Biology Research; 93.88, Contact Person: Fred Altman, PHD, Triangle Park, NC 27709, (919) 541–1307. Minority Access to Research Careers; 93.96, Scientific Review Administrator, Fellowships Special Minority Initiatives, National (Catalogue of Federal Domestic Assistance and Merit Programs, National Institute of Institutes of Health, HHS) Program Nos. 93.113, Biological Response to Mental Health, NIH, Neuroscience Center, Dated: June 22, 1999. Environmental Health Hazards; 93.114, 6001 Executive Blvd., Room 6220, MSC 9621, Applied Toxicological Research and Testing; Bethesda, MD 20892–9621, (301) 443–9700. Anna Snouffer, 93.115, Biometry and Risk Estimation— This notice is being published less than 15 Acting Director, Office of Federal Advisory Health Risks from Environmental Exposures; days prior to the meeting due to the timing Committee Policy. 93.142, NIEHS Hazardous Waste Worker limitations imposed by the review and [FR Doc. 99–16456 Filed 6–28–99; 8:45 am] Health and Safety Training; 93.143, NIEHS funding cycle. Superfund Hazardous Substances—Basic BILLING CODE 4140±01±M (Catalogue of Federal Domestic Assistance Research and Education; 93.894, Resources Program Nos. 93.242, Mental Health Research and Manpower Development in the Grants; 93.281, Scientist Development Environmental Health Sciences, National DEPARTMENT OF HEALTH AND Award, Scientist Development Award for Institutes of Health, HHS) HUMAN SERVICES Clinicians, and Research Scientist Award; Dated: June 22, 1999. 93.282, Mental Health National Research National Institutes of Health Anna Snouffer, Service Awards for Research Training, Acting Committee Management Officer, NIH. National Institutes of Health, HHS) National Institute on Deafness and [FR Doc. 99–16453 Filed 6–29–99; 8:45 am] Dated: June 22, 1999. Other Communication Disorders; BILLING CODE 4140±01±M Anna P. Snouffer, Notice of Closed Meetings Acting Director, Office of Federal Advisory Committee Policy. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND [FR Doc. 99–16454 Filed 6–28–99; 8:45 am] Federal Advisory Committee Act, as HUMAN SERVICES BILLING CODE 4140±01±M amended (5 U.S.C. Appendix 2), notice is hereby given of the following National Institutes of Health meetings. DEPARTMENT OF HEALTH AND The meetings will be closed to the National Institute of Mental Health, HUMAN SERVICES Notice of Closed Meetings public in accordance with the National Institutes of Health provisions set forth in sections Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as National Institute of General Medical as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice Sciences; Notice of Closed Meeting the discussions could disclose is hereby given the following meetings. confidential trade secrets or commercial The meetings will be closed to the Pursuant to section 10(d) of the property such as patentable material, public in accordance with the Federal Advisory Committee Act, as and personal information concerning provisions set forth in sections amended (5 U.S.C. Appendix 2), notice individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title U.S.C., is hereby given of the following applications, the disclosure of which as amended. The grant applications and meeting. would constitute a clearly unwarranted the discussions could disclose The meeting will be closed to the invasion of personal privacy. confidential trade secrets or commercial public in accordance with the property such as patentable material, provisions set forth in sections Name of Committee: National Institute on Deafness and Other Communications and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Disorders Special Emphasis Panel. individuals associated with the grant as amended. The grant applications and Date: July 23, 1999. applications, the disclosure of which the discussions could disclose Time: 9:00 AM to 11:00 AM. would constitute a clearly unwarranted confidential trade secrets or commercial Agenda: To review and evaluate grant invasion of personal privacy. property such as patentable material, applications.

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Place: Executive Plaza South, Room 400C, the meeting in order to be admitted into individuals associated with the grant 6120 Executive Blvd., Rockville, MD 20852, the building. Visitors must use the applications, the disclosure of which (Telephone Conference Call). Independence Avenue entrance. would constitute a clearly unwarranted Contact Person: Craig A. Jordan, PHD, PURPOSE: invasion of personal privacy. Acting Director, NIH/NIDCD/DEA, Executive The Committee is charged Plaza South, Room 400C, Bethesda, MD with providing advice to the Secretary, Name of Committee: National Library of 20892–7180, 301–496–8693. the Assistant Secretary for Health, and Medicine Special Emphasis Panel Fogarty Name of Committee: National Institute on the Commissioner, Social Security SEP, for ZLM1 SRC (99) study section. Deafness and Other Communications Administration (SSA), to assure Date: July 23, 1999. Disorders Special Emphasis Panel. interagency coordination and Time: 8 am to 5 pm. Date: July 27, 1999. communication regarding chronic Agenda: To review and evaluate grant Time: 8:00 AM to 5:00 PM. fatigue syndrome (CFS) research and applications. Agenda: To review and evaluate grant other related issues; facilitating Place: Embassy Suites, 4300 Military Road, NW, Chevy Chase, MD 20015. applications. increased Department of Health and Place: Westin Fairfax Hotel, 2100 Contact Person: Sharee Pepper, PHD., Human Services (HHS) and agency Scientific Review Administrator, Health Massachusetts Ave., NW, Washington, DC awareness of CFS research and 20008. Scientist Administrator, Office of Extramural Contact Person: Melissa Stick, PHD, MPH, educational needs; developing Programs, National Library of Medicine, 6705 Scientific Review Administrator, Scientific complementary research programs that Rockledge Drive Suite 301, Bethesda, MD Review Branch, Division of Extramural minimize overlap; identifying 20817. Activities, NIDCD/NIH, 6120 Executive opportunities for collaborative and/or (Catalogue of Federal Domestic Assistance Blvd., Bethesda, MD 20892, 301–496–8683. coordinated efforts in research and Program Nos. 93.879, Medical Library (Catalogue of Federal Domestic Assistance education; and developing informed Assistance, National Institutes of Health, Program Nos. 93.173, Biological Research responses to constituency groups HHS) Related to Deafness and Communicative regarding HHS and SSA efforts and Dated: June 23, 1999. Disorders, National Institutes of Health, HHS) progress. Anna P. Snouffer, Dated: June 21, 1999. MATTERS TO BE DISCUSSED: The Office of Acting Director, Office of Federal Advisory Anna Snouffer, Inspector General Report, Audit of Costs Committee Policy. Acting Director, Office of Federal Advisory Charged to the Chronic Fatigue [FR Doc. 99–16452 Filed 6–28–99; 8:45 am] Committee Policy, NIH. Syndrome Program at the Centers for BILLING CODE 4140±01±M [FR Doc. 99–16458 Filed 6–28–99; 8:45 am] Disease Control and Prevention (CIN:A– BILLING CODE 4140±01±M 04–98–04226). Because this is a briefing session there will be no public DEPARTMENT OF HEALTH AND testimony. HUMAN SERVICES DEPARTMENT OF HEALTH AND CONTACT PERSON FOR MORE INFORMATION: National Institutes of Health HUMAN SERVICES Lillian Abbey, Executive Secretary, NIAID, NIH, 6700B Rockledge Drive, National Institutes of Health Center for Scientific Review; Notice of Room 3140, MSC 7630, Bethesda, Closed Meetings National Institute of Allergy and Maryland 20817, telephone 301–496– Infectious Diseases; Notice of Meeting: 1884, fax 301–480–4528. Pursuant to section 10(d) of the Chronic Fatigue Syndrome Dated: June 23, 1999. Federal Advisory Committee Act, as Coordinating Committee Anthony S. Fauci, amended (5 U.S.C. Appendix 2), notice Director, National Institute of Allergy and is hereby given of the following In accordance with section 10(a)(2) of Infectious Diseases, National Institutes of meetings. the Federal Advisory Committee Act Health. The meetings will be closed to the (Pub. L. 92–463), the National Institute [FR Doc. 99–16514 Filed 6–28–99; 8:45 am] public in accordance with the of Allergy and Infectious Diseases BILLING CODE 4140±01±M provisions set forth in section 552b(c)(4) (NIAID), National Institutes of Health and 552b(c)(6), Title 5 U.S.C., as (NIH) announces the following amended. The grant applications and committee meeting. DEPARTMENT OF HEALTH AND the discussions could disclose NAME: Chronic Fatigue Syndrome HUMAN SERVICES confidential trade secrets or commercial Coordinating Committee (CFSCC). property such as patentable material, National Institutes of Health TIME AND DATE: 1 p.m.–5 p.m., July 26, and personal information concerning individuals associated with the grant 1999. National Library of Medicine; Notice of applications, the disclosure of which Closed Meeting PLACE: Hubert H. Humphrey Building, would constitute a clearly unwarranted Room 505A, 200 Independence Avenue, Pursuant to section 10(d) of the invasion of personal privacy. SW, Washington, DC. Federal Advisory Committee Act, as Name of Committee: Center for Scientific STATUS: Open to the public, limited only amended (5 U.S.C. Appendix 2), notice Review Special Emphasis Panel. by the space available. The meeting is hereby given of the following Date: July 1, 1999. room will accommodate approximately meeting. Time: 8:30 AM to 5:30 PM. 80 people. The meeting will be closed to the Agenda: To review and evaluate grant NOTICE: In the interest of security, the public in accordance with the applications. Department has instituted stringent provisions set forth in section 552b(c)(4) Place: Holiday Inn Bethesda, 8120 procedures for entrance to the Hubert H. and 552b(c)(6), title 5 U.S.C., as Wisconsin Avenue, Bethesda, MD 20814. Contact Person: Jerrold Fried, PHD, Humphrey Building by non-government amended. The grant applications and Scientific Review Administrator, Center for employees. Thus, persons without a the discussions could disclose Scientific Review, National Institutes of government identification card will confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 4126, need to provide a photo ID and must property such as patentable material, MSC 7802, Bethesda, MD 20892, (301) 435– know the subject and room number of and personnel information concerning 1777.

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This notice is being published less than 15 Name of Committee: Cardiovascular Booker T. Washington Highway, Hardy, days prior to the meeting due to the timing Sciences Initial Review Group VA 24101–9688. The phone number limitations imposed by the review and Cardiovascular and Renal Study Section. 540–721–2094. funding cycle. Date: July 6–7, 1999. Name of Committee: Center for Scientific Time: 8:30 AM to 3:00 PM. Dated: June 19, 1999. Review Special Emphasis Panel, SBIRS. Agenda: To review and evaluate grant Marie Rust, Date: July 1, 1999. applications. Northeast Regional Director, National Park Time: 1:00 AM to 3:00 PM. Place: Holiday Inn-Silver Spring, 8777 Service. Georgia Avenue, Silver Spring, MD 20910. Agenda: To review and evaluate grant [FR Doc. 99–16496 Filed 6–28–99; 8:45 am] applications. Contact Person: Anthony C. Chung, PHD, Place: NIH, Rockledge 2, Bethesda, MD Scientific Review Administrator, Center for BILLING CODE 4310±70±P 20892, (Telephone Conference Call). Scientific Review, National Institutes of Contact Person: Arnold Revzin, PHD, Health, 6701 Rockledge Drive, Room 4138, Scientific Review Administrator, Center for MSC 7802, Bethesda, MD 20892, (301) 435– DEPARTMENT OF THE INTERIOR Scientific Review, National Institutes of 1213. Health, 6701 Rockledge Drive, Room 4192, This notice is being published less than 15 National Park Service MSC 7806, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing 1153. limitations imposed by the review and Delaware Water Gap National This notice is being published less than 15 funding cycle. Recreation Area Citizen Advisory days prior to the meeting due to the timing (Catalogue of Federal Domestic Assistance Commission Meeting limitations imposed by the review and Program Nos. 93.306, Comparative Medicine AGENCY: National Park Service, funding cycle. 93.306; 93.333, Clinical Research, 93.333, Department of the Interior. Name of Committee: Center for Scientific 93.337, 93.393–93.396, 93–837–93.844, Review Special Emphasis Panel. 93.846–93.878, 93–892, 93.893, National ACTION: Notice of meeting. Date: July 1, 1999. Institutes of Health, HHS) SUMMARY: This notice announces two Time: 3:00 AM to 4:00 PM. Dated: June 22, 1999. upcoming meetings of the Delaware Agenda: To review and evaluate grant Anna Snouffer, applications. Water Gap National Recreation Area Place: NIH, Rockledge 2, Bethesda, MD Acting Committee Management Officer, NIH. Citizen Advisory Commission. Notice of 20892, (Telephone Conference Call). [FR Doc. 99–16455 Filed 6–28–99; 8:45 am] these meetings is required under the Contact Person: Syed Quadri, Scientific BILLING CODE 4140±01±M Federal Advisory Committee Act (Public Review Administrator, Center for Scientific Law 92–463). Review, National Institutes of Health, 6701 Meeting Date and Time: Saturday, Rockledge Drive, Room 4144, MSC 7804, DEPARTMENT OF THE INTERIOR September 25, 1999 at 9:00 a.m. Bethesda, MD 20892, (301) 435–1211. Address: Pocono Environmental This notice is being published less than 15 National Park Service days prior to the meeting due to the timing Education Center, RR 2 Box 1010, Brisco limitations imposed by the review and Mountain Road, Dingmans Ferry PA Availability of Booker T. Washington 18328. funding cycle. National Monument Draft General Name of Committee: Center for Scientific Meeting Date and Time: Thursday, Management Plan and Environmental January 13, 2000 at 7:00 p.m. Review Special Emphasis Panel. Impact Statement Date: July 2, 1999. Address: New Jersey District Office, Time: 8:00 AM to 5:00 PM. AGENCY: National Park Service, DOI. Route 615, Walpack, NJ. Agenda: To review and evaluate grant The agenda for the meeting consists of ACTION: Notice of availability of Booker applications. reports from Citizen Advisory T. Washington National Monument Place: Jefferson Hotel, 1615 Rhode Island Commission committees including: Draft General Management Plan and Avenue, NW Washington, DC 20036. Natural Resources and Recreation, Environmental Impact Statement. Contact Person: Robert Weller, PHD, Cultural and Historical Resources, Inter- Scientific Review Administrator, Center for governmental and Public Affairs, Scientific Review, National Institutes of SUMMARY: The National Park Service has Health, 6701 Rockledge Drive, Room 3160, prepared and released a Draft General Construction and Capital Project MSC 7848, Bethesda, MD 20892, (301) 435– Management Plan and Environmental Implementation, and Interpretation, as 0694. Impact Statement for the management, well as Special Committee Reports. This notice is being published less than 15 protection, use, and development of Superintendent William G. Laitner will days prior to the meeting due to the timing Booker T. Washington National give a report on various park issue. limitations imposed by the review and Monument, Hardy, Virginia. The public SUPPLEMENTARY INFORMATION: The funding cycle. is invited to review and comment on the Delaware Water Gap National Name of Committee: Center for Scientific Booker T. Washington National Recreation Area Citizen Advisory Review Special Emphasis Panel. Monument Draft General Management Commission was established by Public Date: July 2, 1999. Law 100–573 to advise the Secretary of Time: 1:00 AM to 2:00 PM. Plan and Environmental Impact Agenda: To review and evaluate grant Statement. Copies are available at the Interior and the United States applications. Booker T. Washington National Congress on matters pertaining to the Place: NIH, Rockledge 2, Bethesda, MD Monument and at the Franklin County management and operation of the 20892, (Telephone Conference Call). Public Library in Rocky Mount, Delaware Water Gap National Contact Person: Gloria B. Levin, PHD,, Virginia. The document can be viewed Recreation Area, as well as on other Scientific Review Administrator, Center for on the monument’s web site (http:// matters affecting the recreation area and Scientific Review, National Institutes of www.nps.gov/bowa), which also its surrounding communities. Health, 6701 Rockledge Drive, Room 3166, contains information on scheduled Congressional Listing for Delaware MSC 7848, Bethesda, MD 20892, (301) 435– Water Gap NRA. 1017, [email protected]. public meetings. Comments will be This notice is being published less than 15 accepted until August 11, 1999. For Honorable Frank Lautenberg, U.S. days prior to the meeting due to the timing more information about this document, Senate SH–506 Hart Senate Office limitations imposed by the review and contact the Superintendent, Booker T. Building, Washington, D.C. 20510– funding cycle. Washington National Monument, 12130 3002

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Honorable Robert G. Torricelli, U.S. review process while revising its properties under the National Register Senate, Washington, D.C. 20510–3001 strategic plan. The public meetings will criteria for evaluation may be forwarded Honorable Richard Santorum, U.S. provide the public the opportunity to to the National Register, National Park Senate, SR 120 Senate Russell Office learn about the long-term strategic goals Service, 1849 C St. NW, NC400, Bldg., Washington, D.C. 20510 of the National Park Service and to Washington, DC 20240. Written Honorable Arlen Specter, U.S. Senate, comment on those goals. comments should be submitted by July SH–530 Hart Senate Office Bldg., All meetings are open to the public. 14, 1999. Washington, D.C. 20510–3802 Interested persons may make oral or Carol D. Shull, Honorable Pat Toomey, U.S. House of written comments during and after the Keeper of the National Register. Representatives, Cannon House Office public meetings. Written comments Bldg., Washington D.C. 20515 must be received within seven days of ARKANSAS Honorable Don Sherwood, U.S. House the public meeting. Garland County of Representatives, 2370 Rayburn The meetings will be held at the Quapaw—Prospect Historic District, Roughly House Office Bldg., Washington, D.C. following times and locations. 20515–3810 bounded by Quapaw and Prospect Aves., Alaska: Tuesday, July 20, 1999, 3–7 PM, Hot Springs, 99000821 Honorable Margaret Roukema, U.S. 2525 Gambell, Room 300, Anchorage, AK. House of Representatives, 2244 Point of Contact: Lou Waller 907–257–2548. Jefferson County Rayburn House Office Bldg., Colorado: Tuesday, July 20, 1999, 4–7 PM, Dollarway Road (Boundary Increase), AR Washington, D.C. 20515–3005 Vitamin Cottage Natural Food Market, 12612 365, Redfield vicinity, 99000822 Honorable Tom Ridge, State Capitol, West Alameda Parkway, Lakewood, CO. Harrisburg, PA 17120 Point of Contact: Ron Thoman 303–987– COLORADO Honorable Christine Whitman, State 6702. Denver County House, Trenton, NJ 08625 California: Thursday, July 22, 1999 , 5—8 PM, Fort Mason Center, Landmark Building Stanley Arms, 1321–1333 E. Tenth Ave., The meetings will be open to the A, Golden Gate Room, San Francisco, CA. Denver, 99000823 public. Any member of the public may Point of Contact: Joan Chaplick 415–427– Garfield County file a written statement concerning 1444. agenda items with the Commission. The Washington, DC: Tuesday, July 27, 1999, Citizens National Bank Building, 801 Grand statement should be addressed to The 4–7 PM, National Capital Region Ave., Glenwood Springs, 99000824 Headquarters Building, Cafeteria Room, 1100 Delaware Water Gap National FLORIDA Recreation Area Citizen Advisory Ohio Drive, SW, Washington, DC. Pont of Contact: Earle Kittleman 202–619–7051. Collier County Commission, P. O. Box 284, Bushkill, Pennsylvania: Wednesday, July 28, 1999, Bank of Everglades Building, 201 W. PA 18324. Minutes of the meetings will 4–7 PM, Arch Street Meeting House, 320 be available for inspection several Arch Street, Philadelphia, PA. Pont of Broadway, Everglades City, 99000825 weeks after the meeting at the Contact: Lee Gurney 215–597–2284. IDAHO permanent headquarters of the Delaware South Dakota: Tuesday, August 3, 1999, 7 Water Gap National Recreation Area PM–10 PM, City and School Administration Ada County located on River Road 1 mile east of Building, Community Room, first floor, 300 Boise City-Silver City Road—Fick Property U.S. Route 209, Bushkill, Pennsylvania. 6th Street, Rapid City, SD. Point of Contact: Segment, 3232 W. Kuna-Mora Rd., Kuna Bill Fink 906–487–9597 or Mike Pflaum, vicinity, 99000852 FOR FURTHER INFORMATION CONTACT: Chief Ranger, Mount Rushmore National Superintendent, Delaware Water Gap Memorial 605–574–2523. INDIANA National Recreation Area, Bushkill, PA Georgia: Thursday, August 5, 1999, 4–7 Grant County 18324, 570–588–2418. PM, Martin Luther King, Jr. National Historic Site, 450 Auburn Avenue, N.E. Atlanta, GA. Marion Branch, National Home for Disabled Dated: June 16, 1999. Point of Contact: Troy Lissimore 404–562– Volunteer Soldiers Historic District, 1700 E J. Robert Kirby, 3278. 38th St., Marion, 99000833 Acting Superintendent. Further information concerning these IOWA [FR Doc. 99–16495 Filed 6–28–99; 8:45 am] meetings may be obtained by contacting the Point of Contact listed for each meeting. BILLING CODE 4310±70±P Henry County Dated: June 22, 1999. Hult, Charles E., House, Summer Kitchen and Richard L. Harris, Wood Shed (Henry County, Iowa MPS) DEPARTMENT OF THE INTERIOR Strategic Planning Officer, National Park 1904 140th St., Swedesburg vicinity, Service. 99000830 National Park Service [FR Doc. 99–16494 Filed 6–28–99; 8:45 am] Hultquist, John, House (Henry County, Iowa MPS) 105 Park, Swedesburg, 99000828 BILLING CODE 4310±70±P Revision of the National Park Service Red Ball Garage (Henry County, Iowa MPS) Strategic Plan; Notice of Meetings 1901 140th St., Swedesburg vicinity, 99000826 Notice is hereby given that in DEPARTMENT OF THE INTERIOR Swedesburg Historic Commercial District accordance with the Government National Park Service (Henry County, Iowa MPS) 107 IA 218, Performance and Results Act (GPRA) of Swedesburg, 99000829 1993 (Pub. L. 103–62, Sec. 3) the National Register of Historic Places; Swedish Evangelical Lutheran Church (Henry County, Iowa MPS) 1897 140th St., National Park Service will hold seven Notification of Pending Nominations public meetings from July 20 through Swedesburg vicinity, 99000827 August 5, 1999. The Act requires all Nominations for the following Taylor County federal agencies to have strategic plans properties being considered for listing Bedford Oil Company Station, 601 Madison, and to revise and update those plans at in the National Register were received Bedford, 99000831 least one every three years. This by the National Park Service before June revision covers the period FY 2000—FY 19, 1999. Pursuant to section 60.13 of 36 Van Buren County 2005. The National Park Service is CFR Part 60 written comments Bonaparte Pottery Archeological District, seeking pubic participation in the goal concerning the significance of these 411–419 First St., Bonaparte, 99000832

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KANSAS Charles City County including the validity of the Bourbon County Fort Pocahontas, Address Restricted, Charles methodology and assumptions used; City vicinity, 99000848 (3) Enhance the quality, utility, and Fort Scott National Cemetery (Civil War Era clarity of the information to be WISCONSIN National Cemeteries MPS) 900 East collected; and National Ave., Fort Scott, 99000835 La Crosse County (4) Minimize the burden of the Leavenworth County LaCrosse State Teachers College Training collection of information on those who Fort Leavenworth National Cemetery (Civil School Building, 1615 State St., LaCrosse, are to respond, including through the War Era National Cemeteries MPS) Within 99000850 use of appropriate automated, Fort Leavenworth military reservation, Fort Washington County electronic, mechanical, or other Leavenworth, 99000834 technological collection techniques or Groth, Friedrich, House, N12297 Pleasant LOUISIANA View Dr., Germantown, 99000851 other forms of information technology, e.g., permitting electronic submission of Union Parish Waukesha County responses. Lindsey Bonded Warehouses, Holly and 2nd Newhall Avenue Pump House and Reservoir, Written comments and/or suggestions Sts., Bernice, 99000836 445 W. Newhall Ave., Waukesha, regarding the items contained in this 99000849 MISSISSIPPI notice, especially regarding the A request for a removal has been made for estimated public burden and associated Clay County the following resource: response time, should be directed to the Waide Archeological Site, Address ARKANSAS COPS Office, PPSE Division, 1100 Restricted, Palo Alto vicinity, 99000842 Pulaski County Vermont Ave, NW, Washington, DC Lafayette County 20530–0001. Additionally, comments Bragg, Richard, House 305 E. 16th St., Little may be submitted to COPS via facsimile Hopewell Presbyterian Church, 2070 MS 10, Rock, 79000450 Oxford vicinity, 99000837 to 202–633–1386. Comments may also A request for a move has been made for the be submitted to the Department of following resource: Leflore County Justice (DOJ), Justice Management Stratton Archeological Site, Address NORTH CAROLINA Division, Information Management and Restricted, Sidon vicinity, 99000840 Wake County Security Staff, Attention: Department Lincoln County Polk, Leonidus L., House, 612 N. Blount St., Clearance Officer, Suite 850, 1001 G Raleigh, 77001012 Street, NW, Washington, DC, 20530. Downtown Brookhaven Historic District, Overview of this information Roughly bounded by Court St., W. [FR Doc. 99–16485 Filed 6–28–99; 8:45 am] Chichasaw St., S. First St., and jct. of W. collection: BILLING CODE 4310±70±P Cherokee and W. Monticello, Brookhaven, (1) Type of Information Collected: 99000839 New collection. (2) Title of the Form/Collection: COPS Newton County DEPARTMENT OF JUSTICE Distressed Neighborhood Process Boler’s Inn, Jackson Rd., Union, 99000838 Evaluation Survey. Office of Community Oriented Policing (3) Agency form number, if any, and Sunflower County Services the applicable component of the Ruleville Depot, E side of RR tracks, jct. of Department of Justice sponsoring the E. Floyce St. and N. Front St., Ruleville, Agency Information Collection collection: Form: N/A. Office of 99000841 Activities: Proposed Collection; Community Oriented Policing Services, NORTH CAROLINA Comment Request U.S. Department of Justice. Forsyth County ACTION: Notice of Information Collection (4) Affected public who will be asked Under Review; COPS Distressed or required to respond, as well as a brief Indera Mills, 400 S. Marshall St., Winston- abstract: Agencies that have received Salem, 99000843 Neighborhood Process Evaluation Survey. funding under the COPS Distressed NORTH DAKOTA Neighborhood grant program are Grand Forks County The proposed information collection required to respond. is published to obtain comments from The COPS Distressed Neighborhood Sorlie Memorial Bridge (Historic Roadway the public and affected agencies. Process Evaluation Survey will collect Bridges of North Dakota MPS) E end of Demers Ave., Grand Forks, 99000844 Comments are encouraged and will be basic information about recipient’s accepted for sixty days from the date hiring and deployment processes, OHIO listed at the top of this page in the training, plans for internal assessment Ottawa County Federal Register. Written comments and and reallocation of resources. The COPS St. Thomas Episcopal Church, 214 E. Second suggestions from the public and affected office will use the information collected St., Port Clinton, 99000845 agencies concerning the proposed to assess whether the pilot Distressed collection of information are requested. Neighborhood sites met the goal of UTAH Comments should address one or more allocating personnel resources to the Davis County of the following four points: neighborhoods with the greatest need Atkinson, James and Hannah, House, 1510 S (1) Evaluate whether the proposed for additional police presence. A 1100 W, Woods Cross, 99000847 collection of information is necessary comprehensive report of the sites’ Stayner—Steed House, 79 S 100 E, for the proper performance of the deployment and hiring processes, Farmington, 99000846 functions of the agency, including training, and perceptions of the grant VIRGINIA whether the information will have will assist the COPS Office to make practical utility; future funding determinations and with Albemarle County (2) Evaluate the accuracy of the future program development. East Belmont, jct. of VA 22 and VA 616, agency’s estimate of the burden of the (5) An estimate of the total number of Keswick vicinity, 99000853 proposed collection of information, respondents and the amount of time

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II Any such comments or objections additional information is required Codeine (9050) ...... II may be addressed, in quintuplicate, to contact: Ms. Brenda E. Dyer, Deputy Dihydrocodeine (9120) ...... II the Deputy Assistant Administrator, Clearance Officer, United States Benzoylecgonine (9180) ...... II Office of Diversion Control, Drug Department of Justice, Information Morphine (9300) ...... II Enforcement Administration, United Management and Security Staff, Justice Noroxymorphone (9668) ...... II States Department of Justice, Management Division, Suite 850, Washington, DC 20537, Attention: DEA The firm plans to manufacture small Washington Center, 1001 G Street, NW, Federal Register Representative (CCR), quantities of the listed controlled Washington, DC 20530. and must be filed no later than (60 days substances for reference standards. from publication). Dated: June 23, 1999. Any other such applicant and any Brenda E. Dyer, person who is presently registered with Dated: June 22, 1999. Department Deputy Clearance Officer, United DEA to manufacture such substances John H. King, States Department of Justice. may file comments or objections to the Deputy Assistant Administrator Office of [FR Doc. 99–16445 Filed 6–28–99; 8:45 am] issuance of the proposed registration. Diversion Control Drug Enforcement BILLING CODE 4410±AT±M Any such comments or objections Administration. may be addressed, in quintuplicate, to [FR Doc. 99–16416 Filed 6–28–99; 8:45 am] the Deputy Assistant Administrator, BILLING CODE 4410±09±M DEPARTMENT OF JUSTICE Office of Diversion Control, Drug Enforcement Administration, United Drug Enforcement Administration States Department of Justice, DEPARTMENT OF JUSTICE Washington, DC 20537, Attention: DEA Manufacturer of Controlled Drug Enforcement Administration Substances; Notice of Application Federal Register Representative (CCR), and must be filed no later than (60 days Importation of Controlled Substances; Pursuant to Section 1301.33(a) of Title from publication). Notice of Application 21 of the Code of Federal Regulations Dated: June 22, 1999. (CFR), this is notice that on April 21, John H. King, Pursuant to section 1008 of the 1999, Applied Science Labs, Division of Controlled Substances Import and Alltech Associates, Inc., 2701 Carolean Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Export Act (21 U.S.C. 958(i)), the Industrial Drive, P.O. Box 440, State Administration. Attorney General shall, prior to issuing College, Pennsylvania 16801, made [FR Doc. 99–16415 Filed 6–28–99; 8:45 am] a registration under this section to a application by renewal to the Drug BILLING CODE 4410±09±M bulk manufacturer of a controlled Enforcement Administration (DEA) for substance in Schedule I or II and prior registration as a bulk manufacturer of to issuing a regulation under section the basic classes of controlled DEPARTMENT OF JUSTICE 1002(a) authorizing the importation of substances listed below: such a substance, provide Drug Enforcement Administration manufacturers holding registrations for Drug Schedule the bulk manufacture of the substance Manufacturer of Controlled an opportunity for a hearing. Methcathinone (1237) ...... I Substances; Notice of Application N-Ethylamphetamine (1475) ...... I Therefore, in accordance with section N,N-Dimethylmamphetamine I Pursuant to Section 1301.33(a) of Title 1301.34 of Title 21, Code of Federal (1480). 21 of the Code of Federal Regulations Regulations (CFR), notice is hereby 4-Methylaminorex (cis isomer) I (CFR), this is notice that on May 27, given that on April 27, 1999, Radian (1590). 1999, Chiragene, Inc., 7 Powder Horn International LLC, 14050 Summit Drive Lysergic acid diethylamide (7315) I #121, P.O. Box 201088, Austin, Texas Mescaline (7381) ...... I Drive, Warren, New Jersey 07059, made 3,4-Methylenedioxyamphetamine I application by renewal to the Drug 78720–1088, made application by (7400). Enforcement Administration (DEA) for renewal to the Drug Enforcement N-Hydroxy-3,4- I registration as a bulk manufacturer of Administration to be registered as an methylenedioxyamphetamine the basic classes of controlled importer of the basic classes of (7402). substances listed below: controlled substances listed below: 3,4-Methylenedioxy-N- I ethylamphetamine (7404). Drug Schedule Drug Sched- 3,4- I ule Methylenedioxymethamphetam- N-Ethylamphetamine (1475) ...... I ine (7405). 2, 5-Dimethoxyamphetamine I Cathinone (1235) ...... I N-Ethyl-1-phenylcyclohexylamine I (7396). Methcathinone (1237) ...... I (7455). 3, 4-Methylenedioxyamphetamine I N-Ethylamphetamine (1475) ...... I 1-(1-Phenylcyclohexyl) pyrrolidine I (7400). Ibogaine (7260) ...... I (7458). 4-Methoxyamphetamine (7411) ... I 4-Bromo-2, 5-dimethoxyamphe- I 1-[1-(2-Thienyl) I Amphetamine (1100) ...... II tamine (7391). cyclohexyl]piperidine (7470). Methylphenidate (1724) ...... II 4-Bromo-2, 5-dimethoxyphenethyl- I Dihydromorphine (9145) ...... I amine (7392).

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Diversion Control, Drug Enforcement Overview of this information Drug Sched- ule Administration that the requirements collection: for such registration pursuant to 21 (1) Type of Information Collection: 4-Methyl-2, 5-dimethoxyamphe- I U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Reinstatement with change of a tamine (7395). CFR 1301.34(a), (b), (c), (d), (e), and (f) 2, 5-Dimethozyamphe- tamine I previously approved collection. (7396). are satisfied. 3, 4-Methylenediozyam- phetamine I Dated June 10, 1999. (2) Title of the Form/Collection: Immigration Bond. (7400). John H. King, 3, 4-Methylenedioxy-N-ethylam- I (3) Agency form number, if any, and phetamine (7404). Deputy Assistant Administrator, Office of 4-Methoxyamphetamine (7411) ...... I Diversion Control, Drug Enforcement the applicable component sponsoring Psilocybin (7437) ...... I Administration. the collection: Form I–352. Detention Psilocyn (7438) ...... I [FR Doc. 99–16417 Filed 6–28–99; 8:45 am] and Deportation Division, Immigration Etorphine (except HC1) (9056) ...... I BILLING CODE 4410±09±M and Naturalization Service. Heroin (9200) ...... I Pholcodine (9314) ...... I (4) Affected public who will be asked Amphetamine (1100) ...... II DEPARTMENT OF JUSTICE or required to respond, as well as a brief Methamphetamine (1105) ...... II abstract: Primary: Individuals or Amobarbital (2125) ...... II Immigration and Naturalization Service households. This information will be Pentobarbital (2270) ...... II used by the Service to determine Cocaine (9041) ...... II Agency Information Collection Codeine (9050) ...... II eligibility release of a detained alien on Activities: Proposed Collection; bond, and will collect information of the Dihydrocodeine (9120) ...... II Comment Request Oxycodone (9143) ...... II obligor of the bond who is taking the Hydromorphone (9150) ...... II ACTION: Request OMB Emergency responsibility of the released alien. Benzoylecgonine (9180) ...... II Approval; Immigration Bond. Ethylmorphine (9190) ...... II (5) An estimate of the total number of respondents and the amount of time Meperidine (9230) ...... II The Department of Justice, Dextropropoxyphene, bulk (Non- II Immigration and Naturalization Service estimated for an average respondent to dosage forms) (9273) (). has submitted an emergency respond: 25,000 responses at 30 minutes Morphine (9300) ...... II or (.5) hours per response. Thebaine (9333) ...... II information collection request (ICR) Levo-alphacetylmethadol (9648) ..... II utilizing emergency review procedures, (6) An estimate of the total public Oxymorphone (9652) ...... II to the Office of Management and Budget burden (in hours) associated with the (OMB) for review and clearance with collection: 12,500 annual burden hours. The firm plans to import small section 1320.13(a)(1)(ii) and (a)(2)(iii) of If you have additional comments, quantities of the listed controlled the Paperwork Reduction Act of 1995. suggestions, or need a copy of the substances for the manufacture of The proposed information collection is analytical reference standards. published to obtain comments from the proposed information collection Any manufacturer holding, or public and affected agencies. Comments instrument with instructions, or applying for, registration as a bulk are encouraged and will be accepted for additional information, please contact manufacturer of these basic classes of ‘‘sixty days’’ from August 30, 1999. Richard A. Sloan 202–514–3291, controlled substances may file written Written comments and suggestions Director, Policy Directives and comments on or objections to the from the public and affected agencies Instructions Branch, Immigration and application described above and may, at concerning the proposed collection of Naturalization Service, U.S. Department the same time, file a written request for information should address one or more of Justice, Room 5307, 425 I Street, NW., a hearing on such application in of the following four points: Washington, DC 20536. Additionally, accordance with 21 CFR 1301.4 in such (1) Evaluate whether the proposed comments and/or suggestion regarding form as prescribed by 21 FR 1316.47. collection of information is necessary the item(s) contained in this notice, Any such comments, objections, or for the proper performance of the especially regarding the estimated requests for a hearing may be addressed, functions of the agency, including public burden and associated response in quintuplicate, to the Deputy Assistant whether the information will have time may also be directed to Mr. Administrator, Office of Diversion practical utility; Richard A. Sloan. Control, Drug Enforcement (2) Evaluate the accuracy of the If additional information is required Administration, United States agency’s estimate of the burden of the Department of Justice, Washington, D.C. proposed collection of information, contact Mr. Robert B. Briggs, Clearance 20537, Attention: DEA Federal Register including the validity of the Officer, U.S. Department of Justice, Representative (CCR), and must be filed methodology and assumptions used; Information Management and Security no later than (30 days from publication). (3) Enhance the quality, utility, and Staff, Justice Management Division, This procedure is to be conducted clarity of the information to be Suite 850, Washington Center Building, simultaneously with and independent collected; and 1001 G Street, NW., Washington, DC of the procedures described in 21 CFR (4) Minimize the burden of the 20430. 1301.34(b), (c), (d), (e), and (f). As noted collection of information on those who Dated: June 22, 1999. in a previous notice at 40 F.R. 43745– are to respond, including through the Richard A. Sloan, 46 (September 23, 1975), all applicants use of appropriate automated, for registration to import the basic electronic, mechanical, or other Department Clearance Officer, United States classes of any controlled substances in technological collection techniques or Department of Justice, Immigration and Naturalization Service. Schedule I or II are and will continue to other forms of information technology, be required to demonsrate to the Deputy e.g., permitting electronic submission of [FR Doc. 99–16465 Filed 6–28–99; 8:45 am] Assistant Administrator, Office of responses. BILLING CODE 4410±10±M

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DEPARTMENT OF LABOR e.g., permitting electronic submission of questions about the ICR listed below responses. should be forwarded to Office Office of the Secretary Agency: Employment Standards Information and Regulatory Affairs, Administration. Attn: OMB Desk Officer for the Submission for OMB Review; Title: Rehabilitation Action Report. Employment and Training Comment Request OMB Number: 1215–0182. Administration, Office of Management Frequency: On occassion. June 17, 1999. and Budget, Room 10235, Washington, Affected Public: Businesses or other DC 20503 ((202) 395–7316). The Department of Labor (DOL) has for-profit; Individuals or households. submitted the following public Number of Respondents: 7,000. The Office of Management and Budget information collection requests (ICRs) to Estimated Time Per Respondent: 30 is particularly interested in comments the Office of Management and Budget minutes. which: (OMB) for review and approval in Total Burden Hours: 3,500. • Evaluate whether the proposed accordance with the Paperwork Total Annualized capital/startup collection of information is necessary Reduction Act of 1995 (Pub. L. 104–13, costs: 0. for the proper performance of the 44 U.S.C. Chapter 35). A copy of each Total annual costs (operating/ functions of the agency, including individual ICR, with applicable maintaining systems or purchasing whether the information will have supporting documentation, may be services): 0. practical utility; obtained by calling the Department of Description: The OWCP–44 is the • Evaluate the accuracy of the Labor, Departmental Clearance Officer, rehabilitation action report, submitted agency’s estimate of the burden of the Ira Mills ((202) 219–5096 ext. 143) or by by the rehabilitation counselor to report proposed collection of information, E-Mail to [email protected]. transition periods and to request prompt including the validity of the Comments should be sent to Office of adjudicatory claims action. methodology and assumptions used; Information and Regulatory Affairs, Ira Mills, • Enhance the quality, utility, and Attn: OMB Desk Officer for BLS, DM, Departmental Clearance Officer. clarity of the information to be ESA, ETA, MSHA, OSHA, PWBA, or [FR Doc. 99–16491 Filed 6–28–99; 8:45 am] collected; and VETS, Office of Management and • Budget, Room 10235, Washington, DC BILLING CODE 4510±27±M Minimize the burden of the 20503 ((202) 395–7316), within 30 days collection of information on those who are to respond through the use of from the date of this publication in the DEPARTMENT OF LABOR Federal Register. appropriate automated, electronic, mechanical, or other technological The OMB is particularly interested in Office of the Secretary comments which: collection techniques or other forms of * Evaluate whether the proposed Agency Recordkeeping/Reporting information technology, e.g., permitting collection of information is necessary Requirements Under Emergency electronic submissions of response. for the proper performance of the Review by the Office of Management Agency: Employment and Training functions of the agency, including and Budget (OMB) Administration. whether the information will have Title: Workforce Investment Act practical utility; June 21, 1999. Cumulative Quarterly Financial * Evaluate the accuracy of the The Department of Labor has Reporting for Funds Allotted to States agency’s estimate of the burden of the submitted the following (see below) for: (1) Services to Youth (2) Services to proposed collection of information, emergency processing public Adults (3) Services to Dislocated including the validity of the information collection request (ICR) to Workers (4) Local Area Administration methodology and assumptions used; the Office of Management and Budget (5) Statewide Activities (15% of Total * Enhance the quality, utility, and (OMB) for review and clearance under Federal Allotment) and (6) Statewide clarity of the information to be the Paperwork Reduction Act of 1995 Rapid Response. (Pub.L. 104–13, 44 U.S.C. Chapter 35). collected; and OMB Number: 1205–0New. * Minimize the burden of the OMB approval has been requested by collection of information on those who June 20, 1999. A copy of this ICR, with Frequency: Quarterly. are to respond, including through the applicable supporting documentation, Affected Public: States, local use of appropriate automated, may be obtained by calling the governments, and Private Industry electronic, mechanical, or other Department of Labor Ira Mills Councils. technological collection techniques or Departmental Clearance Officer, ((202) Number of Respondents: 56. other forms of information technology, 219–5095, x 143). Comments and See Burden and Cost Estimate below:

DOL±ETA REPORTING BURDEN FOR WIA TITLE I STATES

Requirements PY 1999 PY 2000 PY 2001 PY 2002

Number of Reports Per Entity Per Quarter ...... 3 3 3 3 Total Number of Reports Per Entity Per Year ...... 12 12 12 12 Number of Hours Required Per Report ...... 1 1 1 1 Total Number of Hours Required for Reporting Per Entity Per Year ...... 12 12 12 12 Number of Entities Reporting ...... 10 56 56 56 Total Number of Hours Required for Reporting Burden Per Year ...... 120 672 672 672 Total Burden Cost @ $23.45 per hour ...... $2,814 $15,758 $15,758 $15,758

Note: Number of reports required per entity life of each year of appropriated funds, i.e., expenditure in PY 1999, thus 3 reports reflect per quarter/per year is impacted by the 3 year PY 1997 and 1998 funds are available for 3 available funding years.

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Total Burden Cost (capital/startup): 0. DEPARTMENT OF LABOR Total annual costs (operating/ Total Burden Cost (operating/ maintaining systems or purchasing Office of the Secretary maintaining): 0. service: $0. Description: Form WD–10 is used by Description: The proposed ICR Submission for OMB Review; the U.S. Department of Labor to elicit incorporates the necessary reporting Comment Request construction project data from instructions for States to report financial contractor associations, contractors, and data related to Workforce Investment June 22, 1999. The Department of Labor (DOL) has unions. The wage data is used to Act programs to DOL. These determine locally prevailing wages instructions have been prepared in submitted the following public information collection requests (ICRs) to under the Davis-Bacon and related Acts. response to the requirement set forth at the Office of Management and Budget Ira L. Mills, 20 CFR 667.300, for DOL to issue (OMB) for review and approval in Departmental Clearance Officer. financial reporting instructions to accordance with the Paperwork [FR Doc. 99–16493 Filed 6–28–99; 8:45 am] States; and to ensure State compliance Reduction Act of 1995 (Pub. L. 104–13, BILLING CODE 4510±27±M with the reporting elements contained 44 U.S.C. Chapter 35). A copy of each in the Workforce Investment Act of individual ICR, with applicable 1998, Subtitle E, Sec. 185. supporting documentation, may be DEPARTMENT OF LABOR The WIA requires quarterly financial obtained by calling the Department of reports which ‘‘shall include Labor, Departmental Clearance Officer, Occupational Safety and Health information identifying all programs Ira Mills (202) 219–5096 ext. 143) or by Administration and activity costs by cost category in E-Mail to [email protected]. [Docket No. ICR±99±8] accordance with generally accepted Comments should be sent to Office of accounting principles and by year of Information and Regulatory Affairs, Construction Records for Tests and appropriation’’. The WIA also requires Attn: OMB Desk Officer for BLS, DM, Inspections of Personnel Hoists; reporting ‘‘any income or profits earned, ESA, ETA, MSHA, OSHA, PWBA, or Extension of the Office of Management including such income or profits earned VETS, Office of Management and and Budget's (OMB) Approval of by subrecipients’’; and any cost incurred Budget, Room 10235, Washington, DC Information Collection (Paperwork) (such as stand-in costs) that are 20503 (202) 395–7316), within 30 days Requirements otherwise allowable except for funding from the date of this publication in the Federal Register. AGENCY: Occupational Safety and Health limitations.’’ In addition, WIA requires Administration (OSHA); Labor. the reporting of costs only as The OMB is particularly interested in comments which: ACTION: Notice of an opportunity for administrative or programmatic, with • computerization/technology costs not Evaluate whether the proposed public comment. collection of information is necessary included in the administrative cost limit for the proper performance of the SUMMARY: OSHA solicits comments calculation. functions of the agency, including concerning the proposed reduction, and The Standard Form 269 has been whether the information will have extension of, the information collection modified to provide the six reporting practical utility; requirements contained in the standard formats which will be used for WIA • Evaluate the accuracy of the on Construction Record for Test and reporting. Separate reporting formats agency’s estimate of the burden of the Inspections of Personnel Hoists (29 CFR will be needed for (1) Local area youth proposed collection of information, 1926.552(c)(15)). (2) local area adults (3) local area including the validity of the The Agency is particularly interested dislocated workers (4) local methodology and assumptions used; in comments on the following: administration (5) Statewide activities • Enhance the quality, utility, and • Whether the information collection (15% total Federal allotment) and (6) clarity of the information to be collect; requirements are necessary for the Statewide rapid response. and proper performance of the Agency’s • Minimize the burden of the functions, including whether the ETA is designing software that will collection of information on those who information is useful; contain the data elements required for are to respond, including through the • The accuracy of the Agency’s each of the reporting formats. use of appropriate automated, estimate of the burden (time and costs) Instructions corresponding to the electronic, mechanical, or other of the information collection required data elements will also be technological collection techniques or requirements, including the validity of provided to the States in the software other forms of information technology, the methodology and assumptions used; package. Transmittal of this data will e.g., permitting electronic submission of • The quality, utility, and clarity of occur on a quarterly basis via the responses. the information collected; and Internet. The data collection and Agency: Employment Standards • Ways to minimize the burden on reporting requirements requested by the Administration. employers who must comply, for Employment and Training Title: Report of Constructor’s Wage example, by using automated, Administration are necessary to Rates. electronic, mechanical, and other effectively manage and evaluate the OMB Number: 1215–0046. technological information and financial status of the WIA program, to Frequency: On occasion. transmission collection techniques. measure regulatory compliance, to Affected Public: Business or other for- DATES: Submit written comments on or prepare required reports to Congress profit. before August 30, 1999. and for audit purposes. Number of Respondents: 37,500. ADDRESSES: Submit comments to the Ira Mills, Estimated Time Per Respondent: 75,000. Docket Office, Docket No. ICR–99–8, Departmental Clearance Officer. Total Burden Hours: 25,000. Occupational Safety and Health [FR Doc. 99–16492 Filed 6–28–99; 8:45 am] Total Annualized capital/startup Administration, U.S. Department of BILLING CODE 4510±30±M costs: $0. Labor, Room N–2625, 200 Constitution

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Avenue, NW, Washington, DC 20210; Construction Records for Test and proper performance of the Agency’s telephone: (202) 693–2350. You may Inspections of Personnel Hoists (29 CFR functions, including whether the transmit written comments 10 pages or 1926.552(c)(15)). information is useful; less in length by facsimile to (202) 693– Type of Review: Extension of • The accuracy of the Agency’s 1648. currently approved information estimate of the burden (time and costs) FOR FURTHER INFORMATION CONTACT: collection requirements. of the information collection Kathleen Martinez, Directorate of Agency: Occupational Safety and requirements, including the validity of Health Administration. the methodology and assumptions used; Policy, Occupational Safety and Health • Administration, U.S. Department of Title: Construction Records for Test The quality, utility, and clarity of and Inspections of Personal Hoists (29 the information collected; and Labor, Room N–3605, 200 Constitution • Avenue, NW, Washington, DC 20210; CFR 1926.552(c)(15)). Ways to minimize the burden on telephone: (202) 693–2444. A copy of OMB Number: 1218–0231. employers who must comply, for the Agency’s Information Collection Affected Public: Business or other for- example, by using automated, Request (ICR) supporting the need for profit; Federal government; state, local electronic, mechanical, and other the information collection requirements or tribal government. technological information and on Construction Records for Tests and Number of Respondents: 14,400. transmission collection techniques. Fequency: Every 3 months. Inspections of Personnel Hoists is DATES: Submit written comments on or Average Time per Response: 15 available for inspection and copying in before August 30, 1999. minutes. the Docket Office, or you may request a ADDRESSES: Submit comments to the Estimated Total Burden Hours: Docket Office, Docket No. ICR–99–10, mailed copy by telephoning Kathleen 15,840. Martinez at (202) 693–2444 or Barbara Occupational Safety and Health Bielaski at (202) 693–2444. For III. Authority and Signature Administration, U.S. Department of electronic copies of the ICR on Charles N. Jeffress, Assistant Secretary Labor, Room N–2625, 200 Constitution Construction Records for Test and of Labor for Occupational Safety and Avenue NW, Washington, DC 20210; Inspection for Personnel Hoists, contact Health, directed the preparation of this telephone: (202) 693–2350. You may OSHA on the Internet at notice. The authority for this notice is transmit written comments 10 pages or http://www.osha-slc.gov. the Paperwork Reduction Act of 1995 less in length by facsimile to (202) 693– SUPPLEMENTARY INFORMATION: (44 U.S.C. 3506), Secretary of Labor’s 1648. FOR FURTHER INFORMATION CONTACT: I. Background Order No. 6–96 (62 FR 111), and 29 CFR part 11. Kathleen Martinez, Directorate of The Department of Labor, as part of its Policy, Occupational Safety and Health Signed at Washington, DC, this 21st day of Administration, U.S. Department of continuing effort to reduce paperwork June, 1999. and respondent burden, conducts a Labor, Room N–3605, 200 Constitution Charles N. Jeffress, preclearance consultation program to Avenue NW, Washington, DC 20210; provide the general public and Federal Assistant Secretary of Labor for Occupational telephone: (202) 693–2444. A copy of Safety and Health. agencies with an opportunity to the Agency’s Information Collection comment on proposed and continuing [FR Doc. 99–16309 Filed 6–28–99; 8:45am] Request (ICR) supporting the need for information collection requirements in BILLING CODE 4510±26±M the information collection requirements accordance with the Paperwork on Rigging Equipment—Proof-Testing of Reduction Act of 1995 (PRA–95) (44 Welded End Wire Rope attachments is DEPARTMENT OF LABOR U.S.C. 3506(c)(2)(A)). This program available for inspection and copying in ensures that information is in the Occupational Safety and Health the Docket Office, or you may request a desired format, reporting burden (time Administration mailed copy by telephoning Kathleen and costs) is minimal, collection Martinez at (202) 693–2444 or Barbara instruments clearly understood, and the [Docket No. ICR±99±10] Bielaski at (202) 693–2444. For impact of information collection electronic copies of the ICR on Rigging Rigging EquipmentÐProof Testing of requirements on respondents properly Equipment—Proof-Testing of Welded Welded End Wire Rope Attachment; assessed. The Occupational Safety and End Wire Rope Attachment (29 CFR Extension of the Office of Management Health Act of 1970 (the Act) authorizes 251(c)(15)(ii)), contact OSHA on the and Budget's (OMB) Approval of information collection by employers as Internet at http://www.osha-slc.gov. Information Collection (Paperwork) necessary or appropriate for SUPPLEMENTARY INFORMATION: Requirements enforcement of the Act of for developing I. Background information regarding the causes and AGENCY: Occupational Safety and Health prevention of occupational injuries, Administration (OSHA); Labor. The Department of Labor, as part of its illnesses, and accidents (29 U.S.C. 657). ACTION: Notice of an opportunity for continuing effort to reduce paperwork public comment. and respondent burden, conducts a II. Proposed Actions preclearance consultation program to The certification record required in 29 SUMMARY: OSHA solicits comments provide the general public and Federal CFR 1926.552(c)(15) is necessary to concerning the proposed reduction, and agencies with an opportunity to assure compliance with the requirement extension of, the information collection comment on proposed and continuing for personnel hoists. It assures that the requirements contained in the standard information collection requirements in hoists have initial, periodic, and regular on Rigging Equipment—Proof-Testing of accordance with the Paperwork maintenance checks. OSHA will Welded End Wire Rope Attachment (29 Reduction Act of 1995 (PRA–95) (44 summarize the comments submitted in CFR 251(c)(15)(ii)). U.S.C. 3506(c)(2)(A)). This program response to this notice, and will include The Agency is particularly interested ensures that information is in the this summary in the request to OMB to in comments on the following: desired format, reporting burden (time extend the approval of the information • Whether the information collection and costs) is minimal, collection collection requirements contained in the requirements are necessary for the instruments clearly understood, and the

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For electronic copies of the developing information regarding the Transport ExplosivesÐInspection ICR on Trucks used Underground to causes and prevention of occupational Record; Extension of the Office of Transport Explosives—Inspection injuries, illnesses, and accidents (29 Management and Budget's (OMB) Certification, contact OSHA on the U.S.C. 657). Approval of Information Collection Internet at http://www.osha-slc-gov. II. Proposed Actions (Paperwork) Requirements SUPPLEMENTARY INFORMATION: Paragraph (c)(15)(ii) of 29 CFR AGENCY: Occupational Safety and Health I. Background Administration (OSHA); Labor. 1926.251 requires employers to retain a The Department of Labor, as part of its certificate of proof-test from the ACTION: Notice of an opportunity for continuing effort to reduce paperwork manufacturer. The retention of public comment. and respondent burden, conducts a manufacturer certificates is necessary to preclearance consultation program to SUMMARY: OSH solicits comments assure proof-testing of the welded end provide the general public and Federal concerning the proposed reduction, and wire rope attachment and also to assure agencies with an opportunity to extension of, the information collection testing of all welded end attachments at comment on proposed and continuing requirements contained in the standard twice their rated capacity. information collection requirements in on Trucks Used Underground to accordance with the Paperwork OSHA will summarize the comments Transport Explosives (29 CFR Reduction Act of 1995 (PRA–95) (44 submitted in response to this notice, 1926.903(e))—Inspection Certification. U.S.C. 3506(c)(2)(A)). This program and will include this summary in the The Agency is particularly interested ensures that information is in the request to OMB to extend the approval in comments on the following: of the information collection • Whether the information collection desired format, reporting burden (time requirements contained in the Rigging requirements are necessary for the and costs) is minimal, collection Equipment—Proof testing of Welded proper performance of the Agency’s instruments clearly understood, and the End Wire Rope Attachment (29 CFR functions, including whether the impact of information collection 251(c)(15)(ii)). information is useful; requirements on respondents properly Type of Review: Extension of • The accuracy of the Agency’s assessed. The Occupational Safety and currently approved information estimate of the burden (time and costs) Health Act of 1970 (the Act) authorizes collection requirements. of the information collection information collection by employers as Agency: Occupational Safety and requirements, including the validity of necessary or appropriate for Health Administration. the methodology and assumptions used; enforcement of the Act or for developing information regarding the cause and Title: Rigging Equipment—Proof • The quality, utility, and clarity of prevention of occupational injuries, testing of Welded End Wire Rope the information collected; and illnesses, and accidents (29 U.S.C. 657). Attachment (29 CFR 251(c)(15)(ii)). • Ways to minimize the burden on OMB Number: 1218–0233. employers who must comply, for II. Proposed Actions example, by using automated, Affected Public: Business or other for- The inspection certification required electronic, mechanical, and other profit; Federal government; state, local in 29 CFR 1926.903(e) is necessary to technological information and or tribal government. assure compliance with the requirement transmission collection techniques. Number of Respondents: 18,940. for inspection of the electrical system in DATES: Submit written comments on or Frequency: On occasion. trucks used for the undergound before August 30, 1999. Average Time per Response: 5 transportation of explosives. The ADDRESSES: Submit comments to the minutes. inspection assures that the truck have a Docket Office, Docket No. CR–99–7, weekly maintenance check of the Estimated Total Burden Hours: 1,515 Occupational Safety and Health electrical system to detect any failures hours. Administration, U.S. Department of which may constitute an electrical III. Authority and Signature Labor, Room N–2625, 200 Constitution hazard. Employers must prepare and Avenue, NW, Washington, DC 20210; retain a cerification record of the Charles N. Jeffress, Assistant Secretary telephone; (202) 693–2350. You may inspection. of Labor for Occupational Safety and transmit written comments 10 pages or OSHA will summarize the comments Health, directed the preparation of this less in length by fascimile to (202) 693– submitted in response to this notice, notice. The authority for this notice is 1648. and will include this summary in the the Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: request to OMB to extend the approval (44 U.S.C. 3506), Secretary of Labor’s Kathleen Martinez, Directorate of of the information collection Order No. 6–96 (62 FR 111), and 29 CFR Policy, Occupational Safety and Health requirements contained in the Truck part 11. Administration, U.S. Department of used Underground to Transport Signed at Washington, DC, this 21st day of Labor, Room N–3605, 200 Constitution Explosives—Inspection Certification (29 June, 1999. Avenue, NW., Washington, DC 20210; CFR 1926.903(e)). Charles N. Jeffress, telephone: (202) 693–2444. A copy of Type of Review: Extension of Assistant Secretary of Labor for Occupational the Agency’s Information Collection currently approved information Safety and Health. Request (ICR) supporting the need for collection requirements. [FR Doc. 99–16311 Filed 6–28–99; 8:45 am] the information collection requirements Agency: Occupational Safety and BILLING CODE 4510±26±M on Trucks used Underground to Health Administration.

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Title: Trucks used Underground to • Ways to minimize the burden on II. Proposed Actions Transport Explosives—Inspection employers who must comply, for This provision requires employers to Certification (29 CFR 1926.903(e)). example, by using automated, post a sign warning against the use of OMB Number: 1218–0227. electronic, mechanical, and other mobile radio transmitters on all roads Affected Public: Business or other for- technological information and within 1000 feet of blasting operations. profit; Federal government; state, local transmission collection techniques. When this requirement creates an or tribal government. DATES: Submit written comments on or ‘‘operational handicap,’’ the employer Number of Respondents: 1. before August 30, 1999. must develop and implement an Frequency: Weekly. Average Time per Response: 10 ADDRESSES: Submit comments to the alternative method that will prevent the minutes. Docket Office, Docket No. ICR–99–6, premature detonation of electric blasting Estimated Total Burden Hours: 9 Occupational Safety and Health caps. The alternative method must be in hours. Administration, U.S. Department of writing, and a competent person must Labor, Room N–2625, 200 Constitution certify its adequacy. III. Authority and Signature Avenue, NW, Washington, DC 20210; OSHA will summarize the comments Charles N. Jeffress, Assistant Secretary telephone: (202) 693–2350. You may submitted in response to this notice, of Labor for Occupational Safety and transmit written comments 10 pages or and will include this summary in the Health, directed the preparation of this less in length by facsimile to (202) 693– request to OMB to extend the approval notice. The authority for this notice is 1648. of the information collection requirements contained in the the Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: (44 U.S.C. 3506), Secretary of Labor’s Construction Records for Blasting Kathleen Martinez, Directorate of Operations. Order No. 6–96 (62 FR 111), and 29 CFR Policy, Occupational Safety and Health part 11. Type of Review: Extension of Administration, U.S. Department of currently approved information Signed at Washington, DC, this 21st day of Labor, Room N–3605, 200 Constitution collection requirements. June, 1999. Avenue, NW, Washington, DC 20210; Agency: Occupational Safety and Charles N. Jeffress, telephone: (202) 693–2444. A copy of Health Administration. Assistant Secretary of Labor for Occupational the Agency’s Information Collection Title: Construction Records for Safety and Health. Request (ICR) supporting the need for Blasting Operations (29 CFR [FR Doc. 99–16312 Filed 6–28–99; 8:45 am] the information collection requirements 1926.900(k)(3)(i)). BILLING CODE 4510±26±M on Construction Records for Blasting OMB Number: 1218–0217. Operations is available for inspection Affected Public: Business or other for- and copying in the Docket Office, or you profit; Federal government; state, local DEPARTMENT OF LABOR may request a mailed copy by or tribal government. telephoning Kathleen Martinez at (202) Number of Respondents: 3,000 work Occupational Safety and Health 693–2444 or Barbara Bielaski at (202) sites. Administration 693–2444. For electronic copies of the Frequency: Once per 160 work sites. Average Time per Response: 8 hours. [Docket No. ICR±99±6] ICR Construction Records For Blasting Operations, contact OSHA on the Estimated Total Burden Hours: 640. Construction Records for Blasting Internet at http://www.osha-slc.gov. III. Authority and Signature Operations; Extension of the Office of SUPPLEMENTARY INFORMATION: Charles N. Jeffress, Assistant Secretary Management and Budget's (OMB) I. Background of Labor for Occupational Safety and Approval of Information Collection Health, directed the preparation of this (Paperwork) Requirements The Department of Labor, as part of its notice. The authority for this notice is AGENCY: Occupational Safety and Health continuing effort to reduce paperwork the Paperwork Reduction Act of 1995 Administration (OSHA); Labor. and respondent burden, conducts a (44 U.S.C. 3506), Secretary of Labor’s preclearance consultation program to ACTION: Notice of an opportunity for Order No. 6–96 (62 FR 111), and 29 CFR provide the general public and Federal public comment. part 11. agencies with an opportunity to Signed at Washington, D.C., this 21st day SUMMARY: OSHA solicits comments comment on proposed and continuing of June, 1999. concerning the proposed reduction, and information collection requirements in Charles N. Jeffress, accordance with the Paperwork extension of, the information collection Assistant Secretary of Labor for Occupational requirements contained in the standard Reduction Act of 1995 (PRA–95) (44 Safety and Health. U.S.C. 3506(c)(2)(A)). This program on Construction Records for Blasting [FR Doc. 99–16313 Filed 6–28–99; 8:45 am] ensures that information is in the Operations (29 CFR 1926.900(k)(3)(i)). BILLING CODE 4510±26±M The Agency is particularly interested desired format, reporting burden (time in comments on the following: and costs) is minimal, collection • Whether the information collection instruments is clearly understood, and NATIONAL AERONAUTICS AND requirements are necessary for the the impact of information collection SPACE ADMINISTRATION proper performance of the Agency’s requirements on respondents can be functions, including whether the properly assessed. The Occupational [Notice 99±092] information is useful; Safety and Health Act of 1970 (the Act) • The accuracy of the Agency’s authorizes information collection by NASA Advisory Council (NAC), Space estimate of the burden (time and costs) employers as necessary or appropriate Science Advisory Committee (SScAC); of the information collection for enforcement of the Act or for Meeting requirements, including the validity of developing information regarding the AGENCY: National Aeronautics and the methodology and assumptions used; causes and prevention of occupational Space Administration. • The quality, utility, and clarity of injuries, illnesses, and accidents (29 ACTION: Notice of meeting. the information collected; and U.S.C. 657).

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SUMMARY: In accordance with the of Medical Examination by Facility telephone at 301–415–7233, or by Federal Advisory Committee Act, Pub. Licensee. Internet electronic mail at L. 92–463, as amended, the National 2. Current OMB approval number: [email protected]. Aeronautics and Space Administration 3150–0024. Dated at Rockville, Maryland, this 23rd day announces a forthcoming meeting of the 3. How often the collection is of June 1999. NASA Advisory Council, Space Science required: Upon application for an initial For the Nuclear Regulatory Commission. operator license, and every six years for Advisory Committee. Brenda Jo. Shelton, DATES: Wednesday, July 28, 1999, 8:15 the renewal of operator or senior operator licenses, and upon notices of NRC Clearance Officer, Office of the Chief a.m. to 5:30 p.m.; Thursday, July 29, Information Officer. disability. 1999, 8 a.m. to 5:30 p.m.; Friday, July [FR Doc. 99–16486 Filed 6–28–99; 8:45 am] 30, 1999, 8:15 a.m. to 12:15 p.m. 4. Who is required or asked to report: Facility licensees who are tasked with BILLING CODE 7590±01±P ADDRESSES: NASA Headquarters, certifying the medical fitness of an Conference Room 6H46, 300 E Street, applicant or licensee. SW, Washington, DC 20546. 5. The number of annual respondents: NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: Dr. 141. COMMISSION Jeffrey Rosendhal, Code S, National 6. The number of hours needed [Docket No. 50±286] Aeronautics and Space Administration, annually to complete the requirement or Washington, DC 20546, 202/358–2470. request: 730 hours (244 hours for Power Authority of the State of New SUPPLEMENTARY INFORMATION: The reporting [.25 hours per response] and York, Indian Point Nuclear Generating meeting will be open to the public up 486 hours for recordkeeping [3.4 hours Unit No. 3; Notice of Withdrawal of to the capacity of the room. The agenda per recordkeeper]). Application for Amendment to Facility for the meeting is as follows: 7. Abstract: NRC Form 396 is used to Operating License transmit information to the NRC —OSS Program and Budget Status The U.S. Nuclear Regulatory —Theme Status Reports/Reports from regarding the medical condition of Commission (the Commission) has Subcommittees applicants for initial or renewal operator granted the request of the Power —Research Program Update licenses and for the maintenance of Authority of the State of New York (the —Education Program Update medical records for all licensed licensee) to withdraw its May 29, 1997, —Roadmapping Status/Programs and operators. The information is used to application for proposed amendment to Priorities determine whether the physical Facility Operating License No. DPR–64 —Technology Program Update condition and general health of for the Indian Point Nuclear Generating It is imperative that the meeting be applicants for operator licenses is such Unit No. 3 located in Westchester held on these dates to accommodate the that the applicant would not be scheduling priorities of the key County, New York. expected to cause operational errors The proposed amendment would participants. Visitors will be requested endangering public health and safety. have revised the Technical to sign a visitor’s register. Submit, by August 30, 1999, Specifications pertaining to comments that address the following June 22, 1999. containment integrity. Matthew M. Crouch, questions: The Commission had previously 1. Is the proposed collection of issued a Notice of Consideration of Advisory Committee Management Officer, information necessary for the NRC to National Aeronautics and Space Issuance of Amendment published in Administration. properly perform its functions? Does the the Federal Register on August 27, 1997 information have practical utility? [FR Doc. 99–16419 Filed 6–28–99; 8:45 am] (62 FR 45461). However, by letter dated 2. Is the burden estimate accurate? BILLING CODE 7510±01±P 3. Is there a way to enhance the May 3, 1999, the licensee withdrew the quality, utility, and clarity of the proposed change. For further details with respect to this information to be collected? action, see the application for NUCLEAR REGULATORY 4. How can the burden of the amendment dated May 29, 1997, and COMMISSION information collection be minimized, the licensee’s letter dated May 5, 1999, including the use of automated which withdrew the application for Agency Information Collection collection techniques or other forms of license amendment. The above Activities: Proposed Collection; information technology? Comment Request A copy of the draft supporting documents are available for public statement may be viewed free of charge inspection at the Commission’s Public AGENCY: U.S. Nuclear Regulatory Document Room, the Gelman Building, Commission (NRC). at the NRC Public Document Room, 2120 L Street, NW (lower level), 2120 L Street, NW., Washington, DC, ACTION: Notice of pending NRC action to and at the local public document room submit an information collection Washington, DC. OMB clearance requests are available at the NRC located at the White Plains Public request to OMB and solicitation of Library, 100 Martine Ave., White Plains, public comment. worldwide web site (http:// www.nrc.gov/NRC/PUBLIC/OMB/ New York, 10601. SUMMARY: The NRC is preparing a index.html). The document will be For the Nuclear Regulatory Commission. submittal to OMB for review of available on the NRC home page site for Dated at Rockville, Maryland, this 22nd continued approval of information 60 days after the signature date of this day of June, 1999. collections under the provisions of the notice. George F. Wunder, Paperwork Reduction Act of 1995 (44 Comments and questions about the Project Manager, Section 1, Project U.S.C. Chapter 35). information collection requirements Directorate 1, Division of Licensing Project Information pertaining to the may be directed to the NRC Clearance Management, Office of Nuclear Reactor requirement to be submitted: Officer, Brenda Jo. Shelton, U.S. Nuclear Regulation. 1. The title of the information Regulatory Commission, T–6 E6, [FR Doc. 99–16487 Filed 6–28–99; 8:45 am] collection: NRC Form 396, Certification Washington, DC 20555–0001, by BILLING CODE 7590±01±M

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NUCLEAR REGULATORY endangered sea turtle species under Finding of No Significant Impact COMMISSION NMFS jurisdiction. The Incidental Take On the basis of the environmental Statement identifies actions that have [Docket Nos. 50±335 and 50±389] assessment, the Commission concludes been or will be taken by St. Lucie to that the proposed action will not have Florida Power & Light Company, Inc., ensure the takes of endangered sea a significant effect on the quality of the et al., St. Lucie Plant, Units 1 and 2; turtles are limited. These actions human environment. Accordingly, the Environmental Assessment and include the use of two different mesh Commission has determined not to Finding of No Significant Impact barrier nets across the intake canal, a prepare an environmental impact capture and release program for statement for the proposed action. The U.S. Nuclear Regulatory endangered sea turtles found in the For further details with respect to the Commission (the Commission) is intake canal, a program to monitor for proposed action, see the licensee’s letter considering issuance of amendments to endangered sea turtles at the cooling dated December 1, 1997, as Facility Operating License Nos. DPR–67 water intakes on a regular basis, and a supplemented in a letter dated August and NPF–16, issued to Florida Power study to elucidate the effect of various 26, 1998, which are available for public and Light Company (the licensee), for factors on turtle entrapment. inspection at the Commission’s Public operation of the St. Lucie Nuclear Plant, The proposed action will not increase Document Room, The Gelman Building, Units 1 and 2 located in St. Lucie the probability or consequences of 2120 L Street, NW., Washington, DC, County, Florida. accidents, no changes are being made in and at the local public document room Environmental Assessment the types of any effluents that may be located at the Indian River Community released off site, and there is no College Library, 3209 Virginia Avenue, Identification of the Proposed Action significant increase in occupational or Fort Pierce, Florida 34981–5596. The proposed amendments would public radiation exposure. Therefore, there are no significant radiological For the Nuclear Regulatory Commission. revise the St. Lucie Plant, Units 1 and Dated at Rockville, Maryland, this 23rd day 2, Technical Specifications, Appendix environmental impacts associated with the proposed action. of June, 1999. B, ‘‘Environmental Protection Plan William C. Gleaves, (Non-Radiological)’’ (EPP), to With regard to potential non- Project Manager, Section 2, and Project incorporate the terms and conditions of radiological impacts, the proposed action does not involve any historic Directorate II, Division of Licensing Project the Incidental Take Statement in the Management, Office of Nuclear Reactor Biological Opinion issued by the sites. It does not affect non-radiological Regulation. plant effluents and has no other National Marine Fisheries Service [FR Doc. 99–16488 Filed 6–28–99; 8:45 am] environmental impact. Therefore, there (NMFS) on February 7, 1997, and BILLING CODE 7590±01±P subsequently modified on May 8, 1998. are no significant non-radiological The proposed amendments will replace environmental impacts associated with Section 4, ‘‘Environmental Conditions,’’ the proposed action. NUCLEAR REGULATORY of the EPPs for both Units 1 and 2, and Accordingly, the Commission COMMISSION add Section 5, ‘‘Administrative concludes that there are no significant Procedures,’’ to the Unit 1 EPP and environmental impacts associated with Sunshine Act Meeting revise the current EPP Section 5 for Unit the proposed action. AGENCY HOLDING THE MEETING: Nuclear 2. Alternatives to the Proposed Action Regulatory Commission. The proposed action is in accordance with the licensee’s application for As an alternative to the proposed DATES: Weeks of June 28, July 5, 12, and amendment dated December 1, 1997, as action, the staff considered denial of the 19, 1999. supplemented in a letter dated August proposed action (i.e., the ‘‘no-action’’ PLACE: Commissioners’ Conference 26, 1998. alternative). Denial of the application Room, 11555 Rockville Pike, Rockville, would result in St. Lucie not Maryland. The Need for the Proposed Action implementing the Incidental Take STATUS: Public and Closed. The proposed action would Statement which would lead to takes of MATTERS TO BE CONSIDERED: incorporate the terms and conditions of endangered sea turtles outside the the Incidental Take Statement of the NMFS Biological Opinion. The Week of June 28 Biological Opinion issued by NMFS into environmental impacts of the proposed Tuesday, June 29 St. Lucie Units 1 and 2 operating action are less than the alternative 9:00 a.m. Affirmation Session licenses as well as provide consistency action. (Public Meeting) (If needed) between the Unit 1 and Unit 2 Alternative Use of Resources Environmental Protection Plans. Week of July 5—Tentative This action does not involve the use Environmental Impacts of the Proposed There are no meetings scheduled for of any resources not previously the Week of July 5. Action considered in the Final Environmental The Commission has completed its Statement for the St. Lucie Nuclear Week of July 12—Tentative evaluation of the proposed action and Plant. Tuesday, July 13 concludes that implementation of the 9:30 a.m. Briefing on Treatment of Agencies and Persons Consulted Incidental Take Statement in St. Lucie’s Existing Programs for License Environmental Protection Plan for Units On June 9, 1999, the staff consulted Renewal (Public Meeting) 1 and 2 would support the National with William Passetti, Chief, Thursday, July 15 Marine Fisheries Service conclusion Department of Health, Bureau of 10:00 a.m. Briefing on Existing that the continued operation of the Radiation Control, for the state of Event Response Procedures circulating water system at St. Lucie Florida, regarding the environmental (Including Federal Response Plan Plant is not likely to jeopardize the impact of the proposed action. The state and Coordination of Federal continued existence of threatened or official had no comments. Agencies in Response to Terrorist

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Activities) (Public Meeting) Interested persons may request a or selling securities, or who, for 11:30 a.m. Affirmation Session hearing by writing to the SEC’s compensation and as a part of a regular (Public Meeting) (If needed) Secretary and serving applicant with a business, issues or promulgates analyses copy of the request, personally or by or reports concerning securities. . .’’ Week of July 19—Tentative mail. Hearing requests should be Section 202(a) (11) (F) of the Advisers There are no meetings scheduled for received by the SEC by 5:30 p.m. on July Act authorizes the SEC to exclude from the Week of July 19. 19, 1999, and should be accompanied the definition of ‘‘investment adviser’’ Note: The schedule for Commission by proof of service or applicant, in the persons that are not within the intent of Meetings is subject to change on short notice. form of an affidavit or, for lawyers, a section 202(a)(11). To verify the status of meetings call certificate of service. Hearing requests 2. Section 203(a) of the Advisers Act (Recording)—(301) 415–1292. Contact person should state the nature of the writer’s requires investment advisers to register for more information: Bill Hill (301) 415– interest, the reason for the request, and 1661. with the SEC. Section 203(b) of the the issues contested. Persons may Advisers Act provides exemptions from The NRC Commission Meeting request notification of a hearing by this registration requirement. Applicant Schedule can be found on the Internet writing to the SEC’s Secretary. asserts that it does not appear to qualify at: http://www.nrc.gov/SECY/smj/ ADDRESSES: Secretary, SEC, 450 5th for any of the exemptions provided by schedule.htm Street, NW, Washington, DC 20549– section 203(b). This notice is distributed by mail to 0609. Applicant, CSX Financial several hundred subscribers; if you no 3. Applicant requests that the SEC Management, Inc., One James Center, declare it to be a person not within the longer wish to receive it, or would like 16th Floor, 901 East Cary Street, to be added to it, please contact the intent of section 202(a) (11). Applicant Richmond, Virginia 23219. submits that its advisory services to the Office of the Secretary, Attn: Operations FOR FURTHER INFORMATION CONTACT: Branch, Washington, D.C. 20555 (301– CSX Companies should not be Karen L. Goldstein, Staff Attorney, at considered services to ‘‘others’’. 415–1661). In addition, distribution of (202) 942–0646, Jennifer L. Sawin, this meeting notice over the Internet Although Applicant is a corporation, Special Counsel, at (202) 942–0532 and therefore a separate legal entity system is available. If you are interested (Division of Investment Management, in receiving this Commission meeting from the CSX Companies, Applicant Task Force on Investment Adviser describes its relationship to the CSX schedule electronically, please send an Regulation). electronic message to [email protected] or Companies as internal. Applicant’s SUPPLEMENTARY INFORMATION: [email protected]. The financial results are reported in CSX’s following is a summary of the financial statements, which reflect Dated: June 24, 1999. application. The complete application results for all the CSX Companies on a William M. Hill, Jr., may be obtained for a fee at the SEC’s consolidated basis. Applicant states that SECY Tracking Officer, Office of the Public Reference Branch. CSX owns more than 50% of the Secretary. Applicant’s Representations outstanding voting shares of Applicant [FR Doc. 99–16596 Filed 6–25–99; 10:44 am] and of each CSX Company. 1. Applicant was organized as a BILLING CODE 7590±01±M 4. Applicant submits that the Delaware corporation in 1989. Sea-Land protections of the Advisers Act may be Service, Inc. (‘‘Sea-Land’’), a wholly- considered unnecessary when an owned subsidiary of CSX Corporation SECURITIES AND EXCHANGE adviser and client, although separate (‘‘CSX’’), owns all of the outstanding COMMISSION legal entities, in reality, form a single stock of Applicant. economic entity. Applicant states that it [Rel. No. IA±1805; File No. 803±134] 2. Applicant serves as an investment exists solely to provide investment adviser for CSX and certain CSX CSX Financial Management, Inc.; advisory services to the CSX subsidiaries, now existing or to be Notice of Application Companies. Applicant represents that it formed in the future, of which CSX has never provided, and does not intend owns, directly or indirectly, more than June 23, 1999. to provide in the future, any investment 50% of the outstanding voting shares AGENCY: Securities and Exchange advisory services to the general public (such existing and future subsidiaries, Commission (‘‘SEC’’). or to any persons or entities other than together with CSX, the ‘‘CSX ACTION: Notice of Application for the CSX Companies. Applicant states Companies’’). From time to time there Exemption under the Investment the CSX, the indirect parent of are more than 15 companies included Advisers Act of 1940 (‘‘Advisers Act’’). Applicant, views its investment in within the CSX Companies. Applicant as a method of obtaining Applicant: CSX Financial 3. Since 1993, Applicant has been advisory services for the CSX Management, Inc. registered with the SEC as an Relevant Advisers Act Sections: investment adviser. Applicant has never Companies and not as a portfolio asset. Exemption requested under section provided advisory services to any other Applicant asserts that there is no public 202(a)(11)(F) from section 202(a)(11). person or entity other than the CSX interest in requiring it to be registered Summary of Application: Applicant Companies. under the Advisers Act. requests an order declaring it to be a 5. Applicant states that it does not Applicant’s Legal Analysis person not within the intent of section hold itself out to the public as an 202(a)(11), which defines the term 1. Section 202(a) (11) of the Advisers investment adviser. Applicant states ‘‘investment adviser.’’ Act defines the term ‘‘investment that it is not listed in the phone book Filing Dates: The application was adviser’’ to mean ‘‘any person who, for under ‘‘investment advisory services.’’ filed on January 25, 1999 and amended compensation, engages in the business Applicant represents that it does not on June 1, 1999. of advising others, either directly or engage in any advertising, attend Hearing or Notification of Hearing: An through publications or writings, as to investment management conferences as order granting the application will be the value of securities or as to the a vendor, or conduct any marketing issued unless the SEC orders a hearing. advisability of investing in, purchasing, activities.

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Applicant’s Condition order approves the proposed rule makers from positiving executing large Applicant agrees that the requested change. orders. In addition, Nasdaq believes that order shall be subject to the condition II. Description of the Proposal MM1’s actions may hinder price that Applicant continues to provide Nasdaq proposes to amend NASD continuity and lead to increased investment advisory services only with Rule 4613(b), ‘‘Firm Quotations,’’ and instances of locked and crossed markets. respect to the assets of the CSX IM–4613, ‘‘Autoquote Policy,’’ to For example, if MM1 is bidding 100 Companies and does not solicit public require a market maker to disseminate shares at $20, and MM2 wishes to lower clients. an inferior quote whenever the market its offer from $201⁄16 to $20, MM2 would For the SEC, by the Division of Investment maker fails to execute the full size of an send MM1 a SelectNet message for 100 Management, under delegated authority. incoming order that is at least one shares (or more) in an attempt to Margaret H. McFarland, normal unit of trading greater than the exhaust MM1’s quote. After sending Deputy Secretary. market maker’s published quotation multiple SelectNet messages to take out [FR Doc. 99–16497 Filed 6–28–99; 8:45 am] size. The proposal also will prohibit the MM1, MM2 may move its quote to $20, 6 BILLING CODE 8010±01±M use of automatic quote updating in such thereby locking the market. circumstances. Nasdaq states that the proposal is According to Nasdaq, the proposal is designed to effectuate the display of a SECURITIES AND EXCHANGE designed to correct the inefficiencies market maker’s true and intended COMMISSION that arise when a market participant quotation size. Nasdaq believes that must use multiple small orders to when a market maker receives an order [Release No. 34±41543; File No. SR±NASD± accomplish the objectives of a single larger than the market maker’s 99±20] large order. In this regard, Nasdaq notes displayed size and completes the order Self-Regulatory Organizations; Order that a market participant may be only at its displayed size, the market Approving Proposed Rule Change by required to enter multiple small orders maker has indicated clearly that its the National Association of Securities when a market maker enters a minimum interest in trading at that price level has Dealers, Inc. Relating To Firm quotation size, receives an order larger been depleted. Accordingly, the Quotation Requirements than its quoted size, fills the order only proposal will require a maket maker that up to its quoted size (as currently has partially filled an incoming order June 22, 1999. required under NASD Rule 4613(b)), that is greater than the market maker’s displayed size to adjust its quote to an I. Introduction and Background and remains at the inside quote prepared to accept another order at the inferior price level. On April 20, 1999, the National minimum quotation size. The following Nasdaq proposes to modify IM– Association of Securities Dealers, Inc. example illustrates this scenario: 4613(b) to mandate compliance with (‘‘NASD’’ or ‘‘Association’’), through its Market Maker #1 (‘‘MM1’’) is bidding proposed NASD Rule 4613(b)(2). IM– wholly owned subsidiary, the Nasdaq $10 for 100 shares of ABCD. Order Entry 4613(a) generally prohibits the use of Stock Market, Inc. (‘‘Nasdaq’’), filed Firm # (‘‘OE1’’) sends a preferenced ‘‘autoquote’’ mechanisms to generate with the Securities and Exchange SelectNet order to MM1 to sell 1000 automatically a new quote that would Commission (‘‘Commission’’ or ‘‘SEC’’) shares of ABCD at $10, MM1 partially keep a market maker’s quote away from a proposed rule change pursuant to executes OE1’s 1000-share order by the best market. IM–4613(b)(1) provides Section 19(b)(1) of the Securities buying 100 shares of ABCD, and does an exception to this rule that permits Exchange Act of 1934 (‘‘Act’’) 1 and Rule not move its quotation. Assuming MM1 the use of autoquote functions when the 19b–4 thereunder.2 The proposed rule is alone at the inside (i.e. at the best update is in response to an execution in change would require a market maker to bid), OE1 may be compelled to send the security by that firm. Nasdaq disseminate an inferior quote whenever multiple SelectNet messages to MM1, proposes to revise IM–4613(b)(1) to the market maker fails to execute the potentially resulting in a total of ten require that the market maker comply full size of an incoming order that is at transactions to complete its 1000-share with proposed NASD Rule 4613(b)(2) by least one normal unit of trading greater order. allowing the market maker to update than the market maker’s published Nasdaq maintain that although MM1 automatically its quote only after fully quotation size. The proposal also would has complied with NASD Rule 3320, executed the incoming order. If the prohibit the use of automatic quote ‘‘Offers at Stated Prices,’’ IM–3320, order is not executed in full, the updating in such circumstances. ‘‘Firmness of Quotations,’ current NASD autoquote functionality must be Notice of the proposed rule change Rule 4613(b), and Exchange Act Rule discontinued and the market maker was published for comment in the 11Ac1–1 5 executing a presented order must revise its quote to an inferior price Federal Register on May 18, 1999.3 The up to its published quotation price and level. Commission received four comment size, it is apparent that MMI was willing III. Summary of Comments letters regarding the proposal.4 This to buy more than the 100 shares displayed. Nasdaq believes that MM1’s The Commission received four 1 15 U.S.C. 78s(b)(1). actions result in increased transaction comment letters regarding the 7 2 17 CFR 240.19b–4. costs, impede the price discovery proposal. All four commenters 3 See Securities Exchange Act Release No. 41390 process, and preclude other market generally supported the proposed rule (May 12, 1999) 64 FR 27016. change. One commenter argued, for 4 See Letter from Richard Y. Roberts, Esquire, example, that the proposal will increase Thelen Reid & Priest LLP, on behalf of the Secretary, SEC, dated June 3, 1999 (‘‘ACIM Letter’’); Electronic Traders Association (‘‘ETA’’) to Jonathan Letter from Matthew W. Johnson, Managing Katz, Secretary, SEC, dated June 8, 1999 (‘‘ETA Director, Lehman Brothers, to Jonathan G. Katz, 6 The Commission notes that market makers are Letter’’); Letter from Gerald S. Putnam, Chief Secretary, SEC, dated June 9, 1999 (‘‘Lehman required to use reasonable means to avoid locking Executive Officer, Archipelago, LLC to Jonathan G. Letter’’). and crossing the market. See Securities Exchange Katz, Secretary, SEC dated June 8, 1999 5 17 CFR 240.11Ac1–1 (requiring a broker-dealer Act Release No. 40455 (September 22, 1998), 63 FR (‘‘Archipelago Letter’’), Letter from Mike Cormack, to execute orders at prices at least as favorable as 51987 (September 29, 1998) (order approving File Manager, Equity Trading, American Century its published quotation in an amount up to its No. SR–NASD–98–01). Investment Management (‘‘ACIM’’) to Jonathan Katz published quotation size). 7 See Supra Note 4.

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34836 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices efficiency by providing a mechanism practicability of brokers executing allow a market maker to update that will assist the marketplace in investors’ orders in the best market; and automatically its quote only after expeditiously assesing the size of (5) an opportunity for investors’ orders executing an incoming order in full. If trading interest by market participants.8 to be executed without the participation the market maker fails to execute fully Another commenter maintained that the of a dealer. the incoming order, the market maker proposal will reduce the long-standing Specifically, the Commission finds must discontinue the autoquote problem associated with market makers that the proposal to amend NASD Rule functionality and revise its quotation to who inhibit price discovery and market 4613 by requiring that a market revise disseminate an inferior price. liquidity of remaining at the inside bid its quotation to disseminate an inferior Accordingly, IM–4613, as amended, will or offer for extended periods of time. quote whenever the market maker fails help to ensure that a market maker does The commenter also stated that the to execute the full size of an incoming not automatically update its quote to proposal will reduce transction costs, order that is at least one normal unit of remain at the inside after it has failed to allow for more orderly executions of trading greater than the market maker’s execute fully an incoming order that is trades, and increase transparency in the published quote size is consistent with greater than the market maker’s marketplace.9 A third commenter Sections 15A(b)(6), 15A(b)(11), and published quote size. believed that the proposed represents a 11A(a)(1)(C) of the Act because it will V. Conclusion sound solution to a inefficient market encourage market makers to display situation, but urged the Commission quotations that accurately reflect their The Commission finds that the and the NASD to review the continuing trading interest, thereby producing more proposed rule change is consistent with need for the autoquote policy contained informative quotation information and the Act, in general, and in particular, in IM–4613.10 increasing market transparency. with Sections 15A(b)(6), 15A(b)(11), and The Commission finds that the Increased transparency, in turn, will Section 11A of the Act. proposed rule change is consistent with enhance the integrity of the market and It is therefore ordered, pursuant to the Act and the rules and regulations facilitate price discovery by helping Section 19(b)(2) of the Act,14 that the applicable to the NASD. In particular, market participants asesss the supply proposed rule change (SR–NASD 99–20) the Commission finds that the proposal and demand for securities. be, and hereby is, approved.15 is consistent with the requirements of In addition, the Commission finds For the Commission, by the Division of Sections 15A(b)(6), 15A(b)(11), and that the proposal may help to reduce Market Regulation, pursuant to delegated 11 Section 11A(a)(1)(C) of the Act. instances of locked and crossed markets authority.16 Section 15A(b)(6) requires that the rules which may occur, according to Nasdaq, Margaret H. McFarland, of a registered national securities when a market maker is unable to Deputy Secretary. association be designed to prevent exhaust the bid or offer of another fraudulent and manipulative acts and [FR Doc. 99–16446 Filed 6–28–99; 8:45 am] market maker after sending the market BILLING CODE 8010±01±M practices, to promote just and equitable maker multiple SelectNet messages.12 principles of trade, to foster cooperation The Commission believes that and coordination with persons engaged continued locking and crossing of the SECURITIES AND EXCHANGE in regulating, clearing, settling, market can negatively impact market COMMISSION processing information with respect to, quality.13 By reducing the frequency of and facilitating transactions in locked and crossed markets, the [Release No. 34±41547; File No. SR±NASD± 99±30] securities, to remove impedments to and Commission believes that the proposal perfect the mechanism of a free and should improve market quality and help open market and a national market Self-Regulatory Organizations; Notice to maintain a fair and orderly market, to of Filing and Order Granting system, and, in general, to protect the benefit of all market participants. investors and the public interest. Accelerated Approval of Proposed The Commission also finds that the Rule Change by the National Section 15A(b)(11) requires that the proposal could help to reduce the rules of a registered national securities Association of Securities Dealers, Inc. transaction costs that arise currently Relating to Entry Fees and Annual association be designed to produce fair when a market participant must execute and informative quotations, prevent Fees for Foreign Issuers Quoted on the multiple small orders rather than a Nasdaq National Market fictious or misleading quotations, and to single large order because a market promote orderly procedures for maker does not trade to the full extent June 22, 1999. collecting, distributing, and publishing of its interest at its displayed price in a Pursuant to Section 19(b)(1) of the quotations. In Section 11A(a)(1)(C), single transaction. By reducing Securities Exchange Act of 1934 Congress found that it is in the public transaction costs, the proposal should (‘‘Act’’),1 and Rule 19b–4 thereunder,2 interest and appropriate for the help to provide for the economically notice is hereby given that on June 7, protection of investors and the efficient execution of securities 1999, the National Association of maintenance of fair and orderly markets transactions, consistent with Section Securities Dealers, Inc. (‘‘NASD’’ or to assure: (1) Economically efficient 11A(a)(1)(C) of the Act. ‘‘Association’’), through its wholly execution of securities of securities The Commission finds that the owned subsidiary, the Nasdaq Stock transactions; (2) fair competition among amendment to IM–4613 is appropriate Market, Inc. (‘‘Nasdaq’’) filed with the brokers and dealers; (3) the availability and consistent with the Act because it Securities and Exchange Commission of brokers, dealers and investors of will help to effectuate compliance with (‘‘SEC’’ or ‘‘Commission’’) the proposed information with respect to quotations NASD Rule 4613, as amended. and transactions in securities; (4) the Specifically, IM–4613, as amended, will 14 15 U.S.C. 78s(b)(2). 15 In approving the proposal, the Commission has 8 See Archipelago Letter Supra note 4. 12 As noted above, market makers are required to considered the rule’s impact on efficiency, 9 See Lehman Letter, supra note 4. use reasonable means to avoid locking and crossing competition, and capital formation. 15 U.S.C. 78c(f). 10 See ETA Letter, supra note 4. the market. See Securities Exchange Act Release 16 17 CFR 200.30–3(a)(12). 11 15 U.S.C. 78o–3(b)(6), 15 U.S.C. 78o–3(b)(11), No. 40455, supra note 6. 1 15 U.S.C. 78s(b)(1). and 15 U.S.C. 78k–1. 13 Id. 2 17 CFR 240.19b–4.

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34837 rule change as described in Items I and concerning the purpose of, and basis for, The NASD requests that this proposal II below, which Items have been the proposed rule change and discussed be made effective as of January 1, 1999, prepared by NASD. The Commission is any comments it received on the with respect to annual fees. publishing this notice to solicit proposed rule change. The text of these Accordingly, issuers will be given a comments on the proposed rule change statements may be examined at the credit for the difference between the from interested persons and grant places specified in Item III below. The 1999 annual fee that they have paid and accelerated approval to the proposed Association has prepared summaries, the fee as computed for 1999 under this rule change. set forth in Sections A, B, and C below, proposed rule change. This credit can be I. Self-Regulatory Organization’s of the most significant aspects of such used to offset future fees owed to Statement of the Terms of Substance of statements. Nasdaq. the Proposed Rule Change With respect to entry fees, the A. Self-Regulatory Organization’s Association requests that this proposal The NASD has filed with Commission Statement of the Purpose of, and be effective immediately upon approval. a proposed rule change regarding entry Statutory Basis for, the Proposed Rule fees and annual fees for foreign issuers Change 2. Basis quoted on the Nasdaq National Market. 1. Purpose The Association believes that the Below is the text of the proposed rule proposed rule change is consistent with change. The proposed new language is Effective January 1, 1998, the NASD the provisions of Section 15A(b)(5) 4 and italicized. adjusted the Entry Fee and the Annual (6) 5 of the Act. The NASD believes the Fee for Nasdaq National Market issuers proposed rule change is consistent with * * * * * 3 (‘‘the 1998 fee change’’), The 1998 fee Section 15A(b)(5) because it provides 4510. The Nasdaq National Market change was justified, in part, by the for the equitable allocation of reasonable (a) Entry Fee increased costs associated with efforts to dues, fees, and other charges among communicate with investors and to (1) No change. members and issuers using the Nasdaq support the continued expansion and system. The NASD also believes the (2) Total shares outstanding means technological enhancements of Nasdaq’s the aggregate of all classes of equity proposed rule change is consistent with qualification and market surveillance Section 15A(b)(6) because it is designed securities to be included in the Nasdaq systems and programs. National Market as shown in the issuer’s to promote just and equitable principles As a result of the 1998 fee change, the of trade and does not permit unfair most recent periodic report or in more method for computing entry fees and recent information held by Nasdaq or, in discrimination between customers, annual fees on the Nasdaq Stock Market issuers, brokers or dealers. As noted the case of new issues, as shown in the was changed to rely solely on the offering circular, required to be filed above, the proposed rule change issuer’s total shares outstanding. The allocates fees for foreign issuers based with the issuer’s appropriate regulatory NASD now believes that with respect to authority. In the case of foreign issuers, on the number of shares that trade on foreign issuers whose shares are quoted the Nasdaq Stock market and the total shares outstanding shall include on the Nasdaq National Market, total only those shares issued and shareholders that receive the benefit of shares outstanding is not the best the Nasdaq listing. outstanding in the United States. benchmark upon which to base listing (3) No change. fees. In particular, the NASD notes that B. Self-Regulatory Organization’s (4) No change. only those shares outstanding in the Statement on Burden on Competition (b) Additional Shares United States typically trade on the The NASD does not believe that the No change. Nasdaq Stock Market, and it is the proposed rule change will result in any holders of these shares that primarily burden on competition that is not (c) Annual Fee—Domestic and Foreign receive the benefits of a listing on the necessary or appropriate in furtherance Issues Nasdaq Stock Market, including those of the purposes of the Act. (1)–(3) No change. benefits detailed when the 1998 fee (4) The annual fee shall be based on change was approved. Accordingly, the C. Self-Regulatory Organization’s the total shares outstanding of the class Association proposes to charge entry Statement on Comments on the included in the Nasdaq National Market fees and annual fees for such foreign Proposed Rule Change Received from as shown in the issuer’s most recent issuers based on the total shares Members, Participants, or Others periodic report required to be filed with outstanding in the United States. Written comments were neither the issuer’s appropriate regulatory In order to effectuate this change, the solicited nor received. authority or in more recent information Association will request that foreign held by Nasdaq. In the case of foreign issuers provide Nasdaq with the total III. Solicitation of Comments issuers, total shares outstanding shall number of shares outstanding in the Interested persons are invited to include only those shares issued and United States. In the event that a foreign submit written data, views, and outstanding in the United States. issuer does not provide that arguments concerning the foregoing, information, the NASD will assess fees including whether the proposed rule (d) Annual Fee—American Depository for that issuer based upon the total change is consistent with the Act. Receipts (ADRs) shares outstanding as shown in the most Persons making written submissions No Change. recent periodic report or in more recent should file six copies thereof with the * * * * * information held by Nasdaq or, in the Secretary, Securities and Exchange case of new issues, as shown in the Commission, 450 Fifth Street, NW, II. Self-Regulatory Organization’s offering circular, required to be filed Washington, DC 20549–0609. Copies of Statement of the Purpose of, and with the issuer’s appropriate regulatory the submission, all subsequent Statutory Basis for, the Proposed Rule authority. amendments, all written statements Change

In its filing with the Commission, the 3 Securities Exchange Act Release No. 39613 4 15 U.S.C. 78o–3(b)(5). Association included statements (February 2, 1998); 63 FR 6789 (February 10, 1998). 5 15 U.S.C. 78o–3(b)(6).

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34838 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices with respect to the proposed rule customers, issuers, brokers, or dealers. Date Filed: June 14, 1999 change that are filed with the The proposal applies equally to all Parties: Members of the International Commission, and all written foreign issuers that trade in the United Air Transport Association communications relating to the States on the Nasdaq stock Market, thus Subject: PTC2 AFR 0059 dated 15 June proposed rule change between the it is not designed to permit unfair 1999 Mail Vote 009—Resolution Commission and any person, other than discrimination among foreign issuers. In 010o TC2 Within Africa Special those that may be withheld from the addition, as discussed above, the Passenger Amending Resolution public in accordance with the proposal should not permit unfair from Malawi provisions of 5 U.S.C. 552, will be discrimination among all issuers Intended effective date: 21 June 1999. available for inspection and copying in because the fees are based upon an Docket Number: OST–99–5842 the Commission’s Public Reference issuer’s usage of the Nasdaq Stock Date Filed: June 15, 1999 Room. Copies of such filing will also be market. available for inspection and copying at Finally, the Commission notes that Parties: Members of the International the principal office of the NASD. All the proposed change to the annual fees Air Transport Association submissions should refer to File No. are to be made effective as of January 1, Subject: PAC/Reso/405 dated June 2, SR–NASD–99–30 and should be 1999. The Commission finds that since 1999 submitted by July 20, 1999. the proposed change reduces the 22nd PAC—Expedited Resolution 808 amount of fees owed by foreign issuers Intended effective date: 1 August IV. Commission’s Findings and Order and that as a result of this proposed 1999. Granting Accelerated Approval of the change foreign issuers will be given a Docket Number: OST–99–5849 Proposed Rule Change credit for the higher fees paid thus far Date Filed: June 17, 1999 The Commission finds that the in 1999 to be applied to future annual Parties: Members of the International proposed rule change is consistent with fees that it is consistent with the Act to Air Transport Association the Act and the rules and regulations make these changes effective Subject: PTC31 S/CIRC 0068 dated 28 thereunder applicable to a registered retroactively. May 1999 6 securities association, and, in The Commission finds good cause to South Pacific Resolutions r1–r33 particular, the requirements of Section approve the proposal prior to the Minutes—PTC31 S/CIRC 0069 dated 15A(b)(5) and Section 15A(b)(6) of the thirtieth day after the date of 15 June 1999 Act. publication of notice of the filing in the Tables—PTC31 S/CIRC 0020 dated 4 Section 15A(b)(5) requires that the Federal Register. The proposal reduces June 1999 rules of a registered securities the amount of entry fees and annual fees association provide for the equitable Intended effective date: 1 October to be paid by foreign issuers. These 1999. allocation of reasonable dues, fees, and reductions do not raise any new or Docket Number: OST–99–5852 other charges among members and novel regulatory issues. Accordingly, issuers using any facility or system the Commission believes that it is Date Filed: June 17, 1999 which the association operates or consistent with Sections 15A(b)(5) and Parties: Members of the International controls. The proposal amends the entry (6) to approve the proposed rule change Air Transport Association fees and annual fees paid by foreign on an accelerated basis. Subject: issuers listed on the Nasdaq National PTC2 AFR 0060 dated 18 June 1999 Market. These fees are proposed to be V. Conclusion Mail Vote 011—Resolution 010q based on a foreign issuer’s number of It is therefore ordered, pursuant to TC2 Within Africa Special outstanding shares trading in the United Section 19(b)(2) of the Act,8 that the Passenger Amending Resolution States 7 The Commission finds that this proposed rule change (File No. SR– from Zimbabwe number is reasonable because it NASD–99–30) is hereby approved. Intended effective date: 1 July 1999. represents the number of shareholders For the Commission, by the Division of Dorothy W. Walker, that receive the benefits of listing on Market Regulation, pursuant to delegated Federal Register Liaison. Nasdaq Stock Market. The Commission authority.9 [FR Doc. 99–16482 Filed 6–28–99; 8:45 am] also finds that the new fees are Margaret H. McFarland, BILLING CODE 4910±62±P equitably allocated among foreign Deputy Secretary. issuers because all foreign issuers are [FR Doc. 99–16498 Filed 6–28–99; 8:45 am] subject to the same fee calculation. BILLING CODE 8010±01±M DEPARTMENT OF TRANSPORATION Moreover, the Commission finds that the fees are reasonably allocated among Office of the Secretary all issuers, foreign and domestic, DEPARTMENT OF TRANSPORTATION because they are based upon the Notice of Applications for Certificates benefits derived by each issuer. Office of the Secretary of Public Convenience and Necessity Section 15A(b)(6) requires, among and Foreign Air Carrier Permits Filed other things, that the rules of a Aviation Proceedings, Agreements Under Subpart Q During the Week registered securities association be Filed During the Week Ending June 18, Ending June 18, 1999 designed to promote just and equitable 1999 principles of trade and not be designed The following Applications for to permit unfair discrimination between The following Agreements were filed Certificates of Public Convenience and with the Department of Transportation Necessity and Foreign Air Carrier 6 In reviewing this proposal, the Commission has under the provisions of 49 U.S.C. Permits were filed under Subpart Q of considered its impact on efficiency, competition, sections 412 and 414. Answers may be the Department of Transportation’s and capital formation. 15 U.S.C. 78c(f). filed within 21 days of date of filing. Procedural Regulations (See 14 CFR 7 The Commission notes that the New York Stock Docket Number: OST–99–5839 302.1701 et seq.). The due date for Exchange (‘‘NYSE’’) employs the same calculation Answers, Conforming Applications, or for determining initial fees and annual fees for its foreign issuers. See NYSE Listed Company Manual 8 15 U.S.C. 78s(b)(2). Motions to Modify Scope are set forth 902.04. 9 17 CFR 200.30–3(a)(12). below for each application. Following

VerDate 18-JUN-99 18:06 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34839 the Answer period DOT may process the Cozumel; and Minneapolis/St. Paul- the meeting, as well as an assistive application by expedited procedures. Ixtapa/Zihuatanejo. listening device, if requested 10 Such procedures may consist of the Dorothy W. Walker, calendar days before the meeting. adoption of a show-cause order, a Federal Register Liaison. Arrangements may be made by tentative order, or in appropriate cases [FR Doc. 99–16481 Filed 6–28–99; 8:45 am] contacting the person listed under the a final order without further BILLING CODE 4910±62±P heading FOR FURTHER INFORMATION proceedings. CONTACT. Docket Number: OST–99–5846 Issued in Washington, DC, on June 21, Date Filed: June 16, 1999 DEPARTMENT OF TRANSPORTATION 1999 Due Date for Answers, Conforming Brian Yanez, Applications, or Motions to Modify Federal Aviation Administration Scope: July 14, 1999 Assistant Executive Director for Aircraft Aviation Rulemaking Advisory Certification Procedures Issues, Aviation Description: Application of United Air Committee Meeting on Aircraft Rulemaking Advisory Committee. Lines, Inc. pursuant to 49 U.S.C. Certification Procedures Issues Section 41101 and Subpart Q, applies [FR Doc. 99–16532 Filed 6–28–99; 8:45 am] for renewal of segments 1, 2, 3, and AGENCY: Federal Aviation BILLING CODE 4910±13±M 6 of its Certificate of Public Administration (FAA), DOT. Convenience and Necessity for Route ACTION: Notice of meeting. 566, authorizing United to engage in DEPARTMENT OF TRANSPORTATION scheduled foreign air transportation of SUMMARY: The FAA is issuing this notice Federal Aviation Administration persons, property and mail between to advise the public of a meeting of the San Francisco and Mexico City; Federal Aviation Advisory Committee to discuss aircraft certification procedures RTCA Special Committee 194; ATM Chicago and Mexico City; Data Link Implementation Washington, D.C. and Mexico City; issues. DATES: The meeting will be held on July and Denver and Mexico City. Pursuant to section 10(a)(2) of the Docket Number: OST–99–5861 22, 1999, at 9 a.m. Arrange for oral presentations by July 7, 1999. Federal Advisory Committee Act (Pub. Date Filed: June 17, 1999 L. 92–463, 5 U.S.C., Appendix 2), notice ADDRESSES: The meeting will be held at Due Date for Answers, Conforming is hereby given for Special Committee the General Aviation Manufacturers. Applications, or Motions to Modify 194 meeting to be held July 22, 1999, FOR FURTHER INFORMATION CONTACT: Scope: July 15, 1999 starting at 9:00 a.m. The committee was Marisa Mullen, Transportation Industry Description: Application of Delta Air formed in May 1999 to produce the Analyst, Office of Rulemaking (ARM– Lines, Inc. pursuant to 49 U.S.C. guidance and performance requirements 205), 800 Independence Avenue, SW., Sections 41102, 41108 and Subpart Q, necessary to implement data link in the applies for renewal of its Certificate of Washington, DC 20591; telephone: (202) 267–7653, fax: (202) 267–5075. U.S. National Airspace System (NAS), Public Convenience and Necessity for further developing work resulting from Route 562, segments 1 and 2, which SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal the FAA Administrator’s NAS authorizes Delta to engage in Modernization Task Force. The meeting scheduled foreign air transportation of Advisory Committee Act (Pub. L. 92– will be held at RTCA, 1140 Connecticut persons, property and mail between 463; 5 U.S.C. App. II), notice is hereby Ave., NW, Suite 1020, Washington, DC (1) the terminal point Atlanta, given of a meeting of the Aviation Georgia, and the terminal point Rulemaking Advisory Committee to be 20036. Mexico City, Mexico (segment 1); and held on July 22, 1999, at 9:00 a.m. at the The agenda will include: (1) Welcome (2) the terminal point Dallas/Ft. General Aviation Manufacturers and Introductions; (2) Report on trip to Worth, Texas, and the terminal point Association, 1400 K Street, NW., Suite SC–189 plenary, Canberra, Australia, Mexico City, Mexico (segment 2). 801, Washington, DC 20005–2485. June 21–25; (3) Review draft P–PUB–01, The agenda for this meeting will Docket Number: OST–99–5865 Organization, Work Structure, and include: Date Filed: June 18, 1999 Operating Procedures; (4) Discuss email (1) Approval of the ARAC draft exploders and web pages; (5) Working Due Date for Answers, Conforming meeting minutes of April 15, 1999. group reports; (6) Other Business; (7) Applications, or Motions to Modify (2) A progress report on the Parts and Scope: July 16, 1999 Production Certification Working Group Summarize action items; (8) Schedule Description: Application of Northwest tasking (FAA Form 8130–3/JAA Form 1 for future meetings; (9) Closing. Airlines, Inc. pursuant to 49 U.S.C. harmonization); Attendance is open to the interested Section 41101, 14 CFR section (3) A status report on the Delegation public but limited to space availability. 302.1750 (a) (3), 14 CFR part 377 and Working Group tasking; With the approval of the chairman, Subpart Q, applies for Renewal of (4) A discussion of future meeting members of the public may present oral Segment 1 and Segments 3–8 of its dates, locations, activities, and plans. statements at the meeting. Persons Experimental Certificate of Public Attendance is open to the interested wishing to present statements or obtain Convenience and Necessity for Route public, but will be limited to the space information should contact the RTCA 564, which authorizes Northwest to available. The public must make Secretariat, 1140 Connecticut Avenue, engage in foreign air transportation of arrangements by April 7, 1999, to NW., Suite 1020, Washington, DC persons, property and mail on the present oral statements at the meeting. 20036; (202) 833–9339 (phone); (202) following U.S.-Mexico routes: The public may present written Memphis-Cancun; Minneapolis/St. statements to the committee at any time 833–9434 (fax); or http://www.rtca.org Paul-Puerto Vallarta; Detroit-Mexico by providing 25 copies to the Executive (web site). Members of the public may City; Detroit-Puerto Vallarta; Director, or by bringing the copies to the present a written statement to the Minneapolis/St. Paul-Ixtapa/ meeting. In addition, sign and oral committee at any time. Zihuatanejo; Minneapolis/St. Paul- interpretation can be made available at

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Issued in Washington, DC, on June 23, DEPARTMENT OF TRANSPORTATION On June 15, 1999, the FAA 1999. determined that the application to Janice L. Peters, Federal Aviation Administration impose a PFC submitted by the State of Connecticut was substantially complete Designated Official. Notice of Intent To Rule on Application [FR Doc. 99–16528 Filed 6–28–99; 8:45 am] within the requirements of § 158.25 of To Impose a Passenger Facility Charge part 158 of the Federal Aviation BILLING CODE 4910±13±M (PFC) at Bradley International Airport, Regulations. The FAA will approve or Windsor Locks, CT disapprove the application, in whole or DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation in part, no later than August 27, 1999. Administration (FAA), DOT. The following is a brief overview of Federal Aviation Administration ACTION: Notice of intent to rule on the impose application. # application. PFC Project : 99–09–I–00–BDL. RTCA Special Committee 195; Flight Level of the proposed PFC: $3.00. Information Services Communications SUMMARY: The FAA proposes to rule and Charge effective date: November 1, (FISC) invites public comment on the 1999. application to impose a Passenger Estimated charge expiration date: Pursuant to section 10(a)(2) of the Facility Charge at Bradley International June 1, 2000. Federal Advisory Committee Act (Pub. Airport under the provisions of the Estimated total net PFC revenue: L. 92–463, 5 U.S.C., Appendix 2), notice Aviation Safety and Capacity Expansion $4,400,000. Brief description of projects: is hereby given for Special Committee Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) Reconstruction of the eastern end of (SC)—195 meeting to be held July 20– (Pub. L. 101–508) and Part 158 of the taxiway ‘‘S’’. 22, starting at 8:30 a.m. each day. This Federal Aviation Regulations (14 CFR Class or classes of air carriers which new committee has been approved by part 158). the public agency has requested not be the Program Management Committee to DATES: Comments must be received on required to collect PFCs: On demand replace SC–169 and Working Group 3. or before July 29, 1999. Air Taxi/Commercial Operators (ATCO). The meeting will be held at National ADDRESSES: Comments on this Any person may inspect the Center for Atmospheric Research, 3450 application may be mailed or delivered application in person at the FAA office Mitchell Lane, Boulder, Colorado. in triplicate to the FAA at the following listed above under FOR FURTHER The agenda will include: July 20: (1) address: Federal Aviation INFORMATION CONTACT. Welcome and Introductions; (2) Final Administration, Airport Division, 12 In addition, any person may, upon Review of Automet Minimum New England Executive Park, request, inspect the application, notice Operational Performance Standards; (3) Burlington, Massachusetts 01803. and other documents germane to the Review of FIS–B Minimum Aviation In addition, one copy of any application in person at the Connecticut System Performance Standards comments submitted to the FAA must Department of Transportation Building, (MASPS) Action Items; (4) Page-by-Page be mailed or delivered to Mr. Robert 2800 Berlin Turnpike, Newington, review of FIS–B MASPS. July 21: (5) Juliano, A.A.E., Bureau of Chief, State of Connecticut 06131–7546. Continue Page-by-Page review of FIS–B. Connecticut, Department of Issued in Burlington, Massachusetts on July 22: (6) Review new FIS–B MASPS Transportation, Bureau of Aviation and June 18, 1999. actions; (7) Determine location/date of Ports at the following address: 2800 Vincent A. Scarano, next meeting; (8) Closing. Berlin Turnpike, P.O. Box 317546, Manager, Airports Division, New England Newington, CT. 06131–7546. Region. Attendance is open the the interested Air carriers and foreign air carriers [FR Doc. 99–16531 Filed 6–28–99; 8:45 am] public but limited to space availability. may submit copies of written comments BILLING CODE 4910±13±M With the approval of the chairman, previously provided the State of members of the public may present oral Connecticut under § 158.23 of part 158 statements at the meeting. Person of the Federal Aviation Regulation. DEPARTMENT OF TRANSPORTATION wishing to present statements or obtain FOR FURTHER INFORMATION CONTACT: information should contact Tenny Priscilla A. Scott, PFC Program Federal Highway Administration Lindholm with NCAR at (303) 497–8448 Manager, Federal Aviation or the RTCA Secretariat, 1140 Administration, Airports Division, 12 Reports, Forms and Recordkeeping Connecticut Avenue, NW., Suite 1020, New England Executive Park, Requirements; Agency Information Washington, DC, 20036; (202) 833–9339 Burlington, Massachusetts 01803, (781) Collection Activity Under OMB Review (phone); (202) 833–9434 (fax); or http:/ 238–7614. The application may be AGENCY: Federal Highway /www.rtca.org (web site). Members of reviewed in person at 16 New England Administration, DOT. Executive Park, Burlington, the public may present a written ACTION: Notice. statement to the committee at any time. Massachusetts. SUPPLEMENTARY INFORMATION: The FAA SUMMARY: In compliance with the Issued in Washington, DC, on June 23, proposes to rule and invites public Paperwork Reduction Act of 1995 (44 1999. comment on the application to impose U.S.C. 3501 et seq.), this notice Janice L. Peters, a Passenger Facility Charge (PFC) at announces that the Information Designated Official. Bradley International Airport under the Collection Request (ICR) abstracted [FR Doc. 99–16529 Filed 6–28–99; 8:45 am] provisions of the Aviation Safety and below has been forwarded to the Office BILLING CODE 4910±13±M Capacity Expansion Act of 1990 (Title of Management and Budget (OMB) for IX of the Omnibus Budget review and comment. The ICR describes Reconciliation Act of 1990) (Pub. L. the nature of the information collection 101–508) and Part 158 of the Federal and its expected burden. The Federal Aviation Regulations (14 CFR part 158). Register Notice with a 60-day comment

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34841 period soliciting comments on the information on respondents, including ARR intends to create ‘‘zones’’ within following information collection was the use of automated collection Anchorage yard for the purpose of published on March 22, 1999 [64 FR techniques or other forms of information delineating specific groups of tracks that 13843]. technology. A comment to OMB is most could be fouled during snow removal, DATES: Comments must be submitted on effective if OMB receives it within 30 and further define those groups of tracks or before July 29, 1999. days of publication of this Notice. (in zones) which would not be involved FOR FURTHER INFORMATION CONTACT: Mr. Issued on: June 22, 1999. in the snow removal process. Robert Gorman, (202) 366–5001, Office Lawrence I. Neff, Interested parties are invited to of Intermodal and Statewide Planning, Acting Director, Office of Information and participate in this proceedings by Federal Highway Administration, Management Services. submitting written views, data, or Department of Transportation, 400 [FR Doc. 99–16414 Filed 6–28–99; 8:45 am] comments. FRA does not anticipate Seventh Street, SW., Washington, DC BILLING CODE 4910±22±P scheduling a public hearing in 20590. Office hours are from 7:30 a.m. connection with this proceeding since to 5:00 p.m., e.t., Monday through the facts do not appear to warrant a Friday, except Federal holidays. DEPARTMENT OF TRANSPORTATION hearing. If any interested party desires SUPPLEMENTARY INFORMATION: an opportunity for oral comment, they Title: National Ferry Study. Federal Railroad Administration should notify FRA, in writing, before Type of Request: Approval of a new the end of the comment period and information collection. Petitions for Waivers of Compliance specify the basis for their request. Affected Public: 250 ferry operators In accordance with Title 49 Code of All communications concerning these nationwide. Federal Regulations (CFR) Sections proceedings should identify the Abstract: The Transportation Equity 211.9 and 211.41, notice is hereby given appropriate docket number (e.g., Waiver Act for the 21st Century (TEA–21), that the Federal Railroad Petition Docket Number FRA 1999– section 1207 (c), directs the Secretary of Administration (FRA) has received a 5105) and must be submitted to the DOT Transportation to conduct a study of request for waiver of compliance with Docket Management Facility, Room PL– ferry transportation in the United States certain requirements of the Federal 401 (Plaza level) 400 Seventh Street, and its possessions. The Federal railroad safety regulations. The S.W., Washington, D.C. 20590. Highway Administration (FHWA) will individual petition is described below, Communications received within 45 conduct the study which will be used including the party seeking relief, the days of the date of this notice will be to: (1) Inventory existing ferry regulatory provisions involved, the considered by FRA before final action is operations; (2) determine the potential nature of the relief being sought and the taken. Comments received after that for new ferry routes; (3) determine the petitioner’s arguments in favor of relief. date will be considered as far as potential for alternative fuel ferries; and practicable. All written communications (4) determine the potential for high Alaska Railroad Corporation; FRA concerning this proceeding are available speed ferries. Information for the study Waiver Petition No. FRA–1999–5105 for examination during regular business will be collected from operators of Alaska Railroad Corporation (ARR) hours (9:00 a.m.—5:00 p.m.) at the existing ferry services and will include: seeks a permanent waiver of compliance above facility. All documents in the (1) the points served; (2) the amount and from certain provisions of the Roadway public docket are also available for source of Federal, State, and/or local Worker Protection Standards, 49 CFR inspection and copying on the internet funds used in the past three years; (3) Part 214, Subpart C. ARR seeks a waiver at the docket facility’s Web site at http:/ the type of ownership; (4) the number of 49 CFR 214.327(c) which states: /dms.dot.gov. of passengers and vehicles carried in the (c) No operable locomotives or other past year; (5) any new routes expected Issued in Washington, DC on June 23, or other items of on-track equipment, 1999. to be added within the next five years; except those present or moving under Grady C. Cothen, Jr., and (6) the highways that are connected the direction of the roadway worker in by the ferries. charge of the working limits, shall be Deputy Associate Administrator for Safety Standards and Program Development. Frequency: The survey will be located within working limits conducted once. established by means of inaccessible [FR Doc. 99–16466 Filed 6–28–99; 8:45 am] Estimated Burden: The estimated total track. BILLING CODE 4910±06±P annual burden is 84 hours (20 minutes The ARR requests this waiver so it per respondent). can use a procedure that will utilize a DEPARTMENT OF TRANSPORTATION ADDRESSES: Send comments to the General Order or Special Instruction to Office of Information and Regulatory assure that locomotives or other items of Federal Railroad Administration Affairs, Office of Management and on track equipment located within Budget, 725 17th Street, NW., working limits can not be operated until Petition for Waiver of Compliance Washington, DC 20503, Attention: DOT an advisory from the Anchorage Desk Officer. Comments are invited on: Terminal Superintendent has been In accordance with Part 211 of Title whether the proposed collection of obtained. ARR desires to use this 49 Code of Federal Regulations (CFR), information is necessary for the proper procedure during inclement weather to notice is hereby given that the Federal performance of the functions of the facilitate snow removal operations. Railroad Administration (FRA) received Department, including whether the Anchorage yard would be made into a request for a waiver of compliance information will have practical utility; working limits by establishing a track with certain requirements of its safety the accuracy of the Department’s warrant on the entrance to the yard in standards. The individual petition is estimate of the burden of the proposed accordance with Sec. 214.327 (a) (4), described below, including the party information collection; ways to enhance inaccessible track. All movements seeking relief, the regulatory provisions the quality, utility and clarity of the within the yard would be under the involved, the nature of the relief being information to be collected; and ways to control of the roadway worker that is in requested, and the petitioner’s minimize the burden of the collection of charge of the working limits. arguments in favor of relief.

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Canadian National Railway; Docket DEPARTMENT OF TRANSPORTATION copying on the Internet at the docket Number FRA–1999–5756 facility’s Web site at http://dms.dot.gov. Federal Railroad Administration The Canadian National Railway (CN) Issued in Washington, DC on June 23, 1999. seeks a permanent waiver of compliance Petition for Waiver of Compliance Grady C. Cothen, Jr., with the Locomotive Safety Standards, In accordance with Part 211 of Title Deputy Associate Administrator for Safety 49 CFR Part 229.47(a), which requires 49 Code of Federal Regulations (CFR), Standards and Program Development. each car body type road locomotive be notice is hereby given that the Federal [FR Doc. 99–16468 Filed 6–28–99; 8:45 am] equipped with an emergency brake Railroad Administration (FRA) received BILLING CODE 4910±06±P valve adjacent to each end exit door, a request for a waiver of compliance that these brake pipe valve locations with certain requirements of its safety shall be stencilled as ‘‘EMERGENCY standards. The individual petition is DEPARTMENT OF TRANSPORTATION BRAKE VALVE’’ or shall be identified described below, including the party on adjacent badge plate. The CN seeks seeking relief, the regulatory provisions Federal Railroad Administration this waiver for 178 car body locomotives involved, the nature of the relief being built between 1985 and 1990, utilized to requested, and the petitioner’s Petition for Waiver of Compliance haul freight that have never been arguments in favour of relief. In accordance with Part 211 of Title equipped with an emergency brake Honey Creek Railroad; Docket Number 49 Code of Federal Regulations (CFR), valve at the rear exit door. CN states that FRA–1999–4988 notice is hereby given that the Federal they do not believe that the emergency Railroad Administration (FRA) received brake valve at the rear exit of these The Honey Creek Railroad (HCRR) a request for a waiver of compliance locomotives is needed. seeks a permanent waiver of compliance with certain requirements of its safety with the Safety Glazing Standards, 49 Interested parties are invited to standards. The individual petition is CFR Part 223.11(c), which requires described below, including the party participate in these proceedings by certified glazing in all locomotive submitting written views, data, or seeking relief, the regulatory provisions windows, except those locomotives involved, the nature of the relief being comments. FRA does not anticipate used in yard service. The HCRR seeks requested, and the petitioner’s scheduling a public hearing in this waiver for locomotive number 7898. arguments in favor of relief. connection with these proceedings since The owner states the locomotive is the facts do not appear to warrant a equipped with FRA approved glazing in Southeastern Pennsylvania hearing. If any interested party desires all locations but two sections of glass. Transportation Authority; Docket an opportunity for oral comment, they The owner also states they operate six Number FRA–1999–5802 should notify FRA, in writing, before miles of track and that there has never The Southeastern Pennsylvania the end of the comment period and been a glazing related accident. Transportation Authority (SEPTA) seeks specify the basis for their request. Interested parties are invited to a temporary waiver of compliance with All communications concerning these participate in these proceedings by the Passenger Equipment Safety proceedings should identify the submitting written views, data, or Standards, 49 CFR Part 238.235, which appropriate docket number (e.g., Waiver comments. FRA does not anticipate requires that by December 31, 1999, scheduling a public hearing in Petition Docket Number FRA–1999– each power operated door that is connection with these proceedings since 5756) and must be submitted in partitioned from the passenger the facts do not appear to warrant a triplicate to the Docket Clerk, DOT compartment shall be equipped with a hearing. If any interested party desires manual override adjacent to that door. Central Docket Management Facility, an opportunity for oral comment, they SEPTA requests that the temporary Room PL–401, Washington, DC. 20590– should notify FRA, in writing, before waiver extend the December 31, 1999 0001. Communications received within the end of the comment period and compliance date to July 12, 2001. 45 days of the date of this notice will specify the basis for their request. SEPTA states that they need the added be considered by FRA before final All communications concerning these time to meet this requirement. SEPTA action is taken. Comments received after proceedings should identify the seeks this waiver for 231 MU’s and 35 that date will be considered as far as appropriate docket number (e.g., Waiver passenger coaches with power operated practicable. All written communications Petition Docket Number FRA–1999– side doors. concerning these proceedings are 4988) and must be submitted in Interested parties are invited to available for examination during regular triplicate to the Docket Clerk, DOT participate in these proceedings by business hours (9:00 a.m.–5:00 p.m.) at Central Docket Management Facility, submitting written views, data, or DOT Central Docket Management Room PL–401, Washington, DC. 20590– comments. FRA does not anticipate Facility, Room PL–401 (Plaza Level), 0001. Communications received within scheduling a public hearing in 400 Seventh Street SW, Washington. All 45 days of the date of this notice will connection with these 2 proceedings documents in the public docket are also be considered by FRA before final since the facts do not appear to warrant available for inspection and copying on action is taken. Comments received after a hearing. If any interested party desires the Internet at the docket facility’s web that date will be considered as far as an opportunity for oral comment, they site at http://dms.dot.gov. practicable. All written communications should notify FRA, in writing, before concerning these proceedings are Issued in Washington, DC on June 23, the end of the comment period and available for examination during regular 1999. specify the basis for their request. business hours (9:00 a.m.–5:00 p.m.) at All communications concerning these Grady C. Cothen, Jr., DOT Central Docket Management proceedings should identify the Deputy Associate Administrator for Safety Facility, Room PL–401 (Plaza Level), appropriate docket number (e.g., Waiver Standards and Program Development. 400 Seventh Street S.W., Washington, Petition Docket Number FRA–1998– [FR Doc. 99–16469 Filed 6–28–99; 8:45 am] DC. All documents in the public docket 5802) and must be submitted to the BILLING CODE 4910±06±P are also available for inspection and Docket Clerk, DOT Central Docket

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Management Facility, Room PL–401, Mendocino Coast Ry., Inc.—Lease and FOR FURTHER INFORMATION CONTACT: You Washington, DC. 20590–0001. Operate, 360 I.C.C. 653 (1980). can request additional information from Communications received within 45 This notice is filed under 49 CFR Jacqueline Lussier, Senior Attorney, days of the date of this notice will be 1180.2(d)(7). If it contains false or (202) 874–5090; or a copy of the considered by FRA before final action is misleading information, the exemption collection from Jessie Gates or Camille taken. Comments received after that is void ab initio. Petitions to revoke the Dixon, (202) 874–5090, Legislative and date will be considered as far as exemption under 49 U.S.C. 10502(d) Regulatory Activities Division (1557– practicable. All written communications may be filed at any time. The filing of 0204), Office of the Comptroller of the concerning these proceedings are a petition to revoke will not Currency, 250 E Street, SW, available for examination during regular automatically stay the transaction. Washington, DC 20219. You can inspect business hours (9:00 a.m.–5:00 p.m.) at An original and 10 copies of all and photocopy the comments at the DOT Central Docket Management pleadings, referring to STB Finance OCC’s Public Reference Room, 250 E Facility, Room PL–401 (Plaza Level), Docket No. 33769, must be filed with Street, SW, Washington, DC, between 400 Seventh Street S.W., Washington, the Surface Transportation Board, Office 9:00 a.m. and 5:00 p.m. on business DC. All documents in the public docket of the Secretary, Case Control Unit, 1925 days. You can make an appointment to are also available for inspection and K Street, N.W., Washington, DC 20423– inspect the comments by calling (202) copying on the Internet at the docket 0001. In addition, one copy of each 874–5043. facility’s web site at http://dms.dot.gov. pleading must be served on Robert P. SUPPLEMENTARY INFORMATION: The OCC vom Eigen, Esq., Hopkins & Sutter, 888 Issued in Washington, DC on June 23, is proposing to extend OMB approval of 1999. 16th Street, N.W., Washington, DC the following information collection: Grady C. Cothen, Jr., 20006. Title: Interpretive Rulings—12 CFR 7. Board decisions and notices are OMB Number: 1557–0204. Deputy Associate Administrator for Safety available on our website at Standards and Program Development. Form Number: None. ‘‘WWW.STB.DOT.GOV.’’ Abstract: This submission covers an [FR Doc. 99–16467 Filed 6–28–99; 8:45 am] Decided: June 22, 1999. existing regulation and involves no BILLING CODE 4910±06±P By the Board, David M. Konschnik, change to the regulation or to the Director, Office of Proceedings. information collections embodied in the DEPARTMENT OF TRANSPORTATION Vernon A. Williams, regulation. The OCC requets only that Secretary. OMB renew its approval of the Surface Transportation Board [FR Doc. 99–16551 Filed 6–28–99; 8:45 am] information collections in the current regulation. [STB Finance Docket No. 33769] BILLING CODE 4915±00±P National banks need these collections Canadian National Railway CompanyÐ of information to ensure that they conduct their operations in a safe and Trackage Rights ExemptionÐNew DEPARTMENT OF THE TREASURY York Central Lines LLC sound manner and in accordance with Office of the Comptroller of the applicable federal banking statutes and New York Central Lines LLC (NYC) Currency regulations. The collections of has agreed to grant limited, non- information provide needed information exclusive overhead trackage rights to Proposed Renewal of Information for examiners and provide protections Canadian National Railway Company Collection; Comment Request for national banks. The collections of (CN) over a segment of NYC’s lines information are necessary for regulatory between the NYC/CN connection at CP AGENCY: Office of the Comptroller of the and examination purposes and for ‘‘H’’, at Belt Line Branch MP 7.2 near Currency (OCC), Treasury. national banks to ensure their Black Rock, and the NYC/Pennsylvania ACTION: Notice and request for comment. compliance with federal law and Lines LLC connection at CP 5, at regulations. SUMMARY: The OCC, as part of its Chicago Line MP 5.4 near the south end The information requirements in 12 continuing effort to reduce paperwork of Seneca Yard, both in the vicinity of CFR part 7 are located as follows: and respondent burden, invites the Buffalo, NY, via: (i) NYC’s Belt Line 12 CFR 7.1000(d)(1) (Lease financing general public and other Federal Branch between CP ‘‘H’’ and CP ‘‘T’; (ii) of public facilities): The lease agreement agencies to take this opportunity to NYC’s Bailey Avenue Branch between must provide that the lessee will comment on a continuing information CP ‘‘T’’ and CP 437; (iii) NYC’s become the owner of the building or collection, as required by the Paperwork Compromise Branch between CP 437 facility upon the expiration of the lease. Reduction Act of 1995. Currently, the and CP 2; and (iv) NYC’s Chicago Line 12 CFR 7.1014 (Sale of money orders OCC is soliciting comment concerning between CP 2 and CP 5, a total distance at nonbanking outlets): The written its extension, without change, for an of approximately 12.8 miles. agreement between a national bank and The transaction is scheduled to be information collection titled, bonded agent to sell the bank’s money consummated on or after June 25, 1999. ‘‘Interpretive Rulings—12 CFR 7.’’ orders at a nonbanking outlet should The purpose of the trackage rights is DATES: You should submit written define the responsibilities of both generally to improve service and transit comments by August 30, 1999. parties, set forth their respective duties, times for CN’s traffic moving through ADDRESSES: You should direct all and provide for remuneration of the the Buffalo area, and to facilitate CN’s written comments to the agent. interchange with Norfolk Southern Communications Division, Attention: 12 CFR 7.2000(b) (Other sources of Railway Company. 1557–0204, Third Floor, Office of the guidance for corporate governance As a condition to this exemption, any Comptroller of the Currency, 250 E procedures): A national bank shall employees affected by the trackage Street, SW, Washington, DC 20219. In designate in its bylaws the body of law rights will be protected by the addition, you may send comments by selected for its corporate governance conditions imposed in Norfolk and facsimile transmission to (202) 874– procedures. Western Ry. Co.—Trackage Rights—BN, 5274, or by electronic mail to 12 CFR 7.2004 (Honorary directors or 354 I.C.C. 605 (1978), as modified in [email protected]. advisory boards): Any listing of a

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34844 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices national bank’s honorary or advisory and purchase of services to provide Attorney, Community and Consumer directors (who act in advisory capacities information. Law Division (202/874–5750); Office of without voting power or the power of Dated: June 22, 1999. the Comptroller of the Currency, 250 E Street, SW., Washington DC 20219. final decision in matters concerning Mark Tenhundfeld, bank business) must distinguish Board: Rick Heyke, Senior Attorney, Assistant Director, Legislative & Regulatory Legal Division (202/452–3688), Board of between them and the bank’s board of Activities Division. directors, or indicate their advisory Governors of the Federal Reserve [FR Doc. 99–16472 Filed 6–28–99; 8:45 am] status. System, 20th and C Streets, NW., 12 CFR 7.2014(b) (Indemnification of BILLING CODE 4810±33±M Washington, DC 20551. For the hearing institution-affiliated parties in impaired only, Telecommunications Device for the Deaf (TDD), Diane Jenkins administrative proceedings or civil DEPARTMENT OF THE TREASURY actions not initiated by a federal (202/452–3544). banking agency): A national bank shall Office of the Comptroller of the FDIC: Curtis Vaughn, Examination Specialist, Division of Supervision (202/ designate in its bylaws the body of law Currency selected for making indemnification 898–6759); Gladys C. Gallagher, payments in administrative proceedings [Docket No. 99±06] Counsel, Legal Division (202/898–3833); or civil actions not initiated by a federal Federal Deposit Insurance Corporation, FEDERAL RESERVE SYSTEM banking agency. 550 17th Street, NW., Washington, DC National banks use the information to [Docket No. R±1036] 20429. ensure their compliance with applicable OTS: Larry Clark, Director of Trust federal banking law and regulations. FEDERAL DEPOSIT INSURANCE Programs, Compliance Policy and Further, the collections of information CORPORATION Specialty Examinations (202/906–5628); evidence bank compliance with various Lucrecia R. Moore, Attorney (202/906– regulatory requirements. This DEPARTMENT OF THE TREASURY 6161); Office of Thrift Supervision, 1700 G Street, NW., Washington DC 20552. information assists bank management in Office of Thrift Supervision the safe and sound operation of the SUPPLEMENTARY INFORMATION: bank. The OCC uses the information in [Docket No. 99±33] Background Information the conduct of bank examinations and as an audit tool to verify bank Branch Closings Section 42 of the Federal Deposit Insurance Act (12 U.S.C. 1831r–1) (FDI compliance with law and regulations. AGENCIES: Office of the Comptroller of Type of Review. Extension, without Act) requires an insured depository the Currency (OCC), Treasury; Board of institution to give 90 days prior written change, of a currently approved Governors of the Federal Reserve collection. notice of any branch closing to its System (Board); Federal Deposit primary Federal regulator and to branch Affected Public: Businesses or other Insurance Corporation (FDIC); and for-profit. customers, to post a notice at the branch Office of Thrift Supervision (OTS), site at least 30 days prior to closing, and Estimated Number of Respondents: Treasury. 2,430. to develop a policy with respect to ACTION: Estimated Total Annual Responses: Joint policy statement. branch closings. The notice to the regulator must include a detailed 2,430. SUMMARY: The OCC, the Board, the statement of the reasons for the decision Frequency of Response: FDIC, and the OTS (the agencies) are Recordkeeping. to close the branch and information in revising their joint policy statement support of those reasons. Estimated Total Annual Burden: regarding branch closings by insured 4,156 burden hours. On September 21, 1993 (58 FR 49083), depository institutions. This action is the agencies issued a joint policy Comments needed to incorporate changes in the statement to provide guidance to underlying statute made by section 106 Comments submitted in response to institutions in complying with section of the Riegle-Neal Interstate Banking this notice will be summarized and 42 of the FDI Act. The 1993 joint policy and Branching Efficiency Act of 1994 included in the request for OMB statement defines a branch for purposes and section 2213 of the Economic approval. All comments will become a of section 42, clarifies what constitutes Growth and Regulatory Paperwork matter of public record. Comments are a branch closing, and provides guidance Reduction Act of 1996. The action is invited on: to institutions in identifying customers intended to clarify the additional steps (a) Whether the collection of to be notified in the event of a branch regarding notice and consultation for information is necessary for the proper closing. proposed branch closings by interstate performance of the functions of the On September 29, 1994, section 42 of banks in low- or moderate-income areas, agency, including whether the the FDI Act was amended by section and to clarify the status of automated information has practical utility; 106 of the Riegle-Neal Interstate (b) The accuracy of the agency’s teller machines, relocations and Banking and Branching Efficiency Act estimate of the burden of the collection consolidations, and branch closings in of 1994 (Pub. L. 103–328, 108 Stat. of information; connection with emergency acquisitions 2338) (Interstate Act). The Interstate Act (c) Ways to enhance the quality, or assistance by the FDIC. changed section 42 of the FDI Act in utility, and clarity of the information to EFFECTIVE DATE: June 29, 1999. two ways, both relating to proposed be collected; FOR FURTHER INFORMATION CONTACT: closings by interstate banks (banks (d) Ways to minimize the burden of OCC: Crystal Maddox, National Bank which maintain branches in more than the collection on respondents, including Examiner, Licensing Policy and Systems one state) of branches in low- or through the use of automated collection Analyst, Bank Organization and moderate-income areas: First, by techniques or other forms of information Structure Division (202/874–5060); Sue providing a new notice procedure; and technology; and Auerbach, Senior Attorney, Bank second, by requiring the appropriate (e) Estimates of capital or startup costs Activities and Structure Division (202/ Federal banking agency to convene a and costs of operation, maintenance, 874–5300); Beth Knickerbocker, Senior meeting of community leaders and other

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Section 228 of the FDICIA added Finally, the law requires each On September 30, 1996, section 42 of a new section 42 to the Federal Deposit institution to adopt policies regarding the FDI Act was amended by section Insurance Act (12 U.S.C. 1831r–1) (FDI closings of branches of the institution. 2213 of the Economic Growth and Act) that imposes notice requirements Applicability Regulatory Paperwork Reduction Act of on insured depository institutions that Section 42 of the FDI Act applies to 1996 (Pub. L. 104–208, 110 Stat. 3009) intend to close branches. The provision (Regulatory Relief Act). The Regulatory the closing of a ‘‘branch’’ by an insured became effective on December 19, 1991. depository institution.3 The agencies Relief Act amended section 42 of the Section 42 was amended on September FDI Act to clarify that section 42 does consider a ‘‘branch’’ for purposes of 29, 1994, by section 106 of the Riegle- section 42 to be a traditional brick-and- not apply to: (1) An automated teller Neal Interstate Banking and Branching machine; (2) the relocation of a branch mortar branch, or any similar banking Efficiency Act of 1994 (Pub. L. 103–328, facility other than a main office, at or consolidation of one or more 108 Stat. 2338), and on September 30, branches into another branch, if the which deposits are received or checks 1996, by the Economic Growth and paid or money lent. Notice pursuant to relocation or consolidation occurs Regulatory Paperwork Reduction Act of within the immediate neighborhood and section 42 would not be required for the 1996 (Pub. L. 104–208, 110 Stat. 3009). closing of non-branch facilities, such as does not substantially affect the nature The law requires an insured an ATM, remote service facility, or loan of the business or customers served; and depository institution to submit a notice production office, or of a temporary (3) a branch that is closed in connection of any proposed branch closing to the branch.4 The law also does not apply to with an emergency acquisition under appropriate Federal banking agency no mergers, consolidations, or other sections 11(n), 13(f), or 13(k) of the FDI later than 90 days prior to the date of acquisitions, including branch sales, Act, or any assistance provided by the the proposed branch closing. The that do not result in any branch FDIC under section 13(c) of the FDI Act. required notice must include a detailed closings. Institutions that are in doubt (12 U.S.C. 1821(n), 1823(f) and (k), and statement of the reasons for the decision about the coverage of a particular 1823(c)). to close the branch and statistical or closing should consult the appropriate The agencies are revising the 1993 other information in support of such Federal banking agency. joint policy statement to reflect the reasons. changes to section 42 of the FDI Act The law also requires an insured Mergers made by the Interstate Act and the depository institution to notify its An institution must file a branch Regulatory Relief Act. The revised customers of the proposed closing. The policy statement incorporates the new closing notice whenever it closes a institution must mail the notice to the branch, including when the closing procedure and provides for banks to customers of the branch proposed to be inform customers in affected areas of occurs in the context of a merger, closed at least 90 days prior to the consolidation or other form of their ability to comment on a particular proposed closing. The institution also branch closing. The agencies are also acquisition.5 Branch closings that occur must post a notice to customers in a in the context of transactions subject to clarifying that main offices, remote conspicuous manner on the premises of service facilities, loan production the Bank Merger Act (12 U.S.C. 1828) the branch proposed to be closed at least require a branch closing notice, even if offices, and insured branches of foreign 30 days prior to the proposed closing. banks are not branches for purposes of the transaction received expedited An interstate bank (defined in section treatment under that Act. The section 42. A reference to the Resolution 42 as a bank that maintains branches in Trust Corporation (RTC) is being responsibility for filing the notice lies more than one state) proposing to close with the acquiring or resulting eliminated since the agency ceased to a branch located in a low- or moderate- exist on December 31, 1995. The institution, but either party to such a income area is required to include in its transaction may give the notice. Thus, agencies are also clarifying the section notice to customers the mailing address on allocation of customers to branches. for example, the purchaser may give the of the appropriate Federal banking notice prior to consummation of the The text of the revised joint policy agency and a statement that comments statement follows: transaction where the purchaser intends on the closing may be mailed to the to close a branch following 2 Policy Statement of Office of the agency. In those cases, a person from consummation, or the seller may give Comptroller of the Currency, Board of the affected area may submit a written the notice because it intends to close a Governors of the Federal Reserve request relating to the proposed closing branch at or prior to consummation. In System, Federal Deposit Insurance to the agency, stating specific reasons the latter example, if the transaction Corporation, and Office of Thrift for the request and including a Supervision Concerning Branch Closing discussion of the adverse effect the 3 Insured branches of foreign banks are not Notices and Policies closing may have on the availability of considered ‘‘branches’’ for purposes of section 42 banking services in the affected area. If because they are subject to separate liquidation Purpose procedures as specified in 12 CFR 28.22 (Federal the agency determines that the request branches of foreign banks) and 12 CFR 211.25(f) This policy statement provides is nonfrivolous, then the agency shall (state branches of foreign banks). guidance to each insured depository convene a meeting of appropriate 4 Consistent with the agencies’ original institution concerning requirements that individuals, organizations, depository interpretation, the 1996 amendment expressly an institution provide prior notice of institutions, and agency representatives, stated that section 42 of the FDI Act ‘‘shall not any branch closing and establish apply with respect to automated teller machines.’’ (Pub. L. 104–208, 110 Stat. 3009.) 1 internal policies for branch closings. 3 of the FDI Act (12 U.S.C. 1813), the deposits of 5 See ‘‘Other’’ below for certain branches closed which are insured by the FDIC. in connection with emergency acquisitions or FDIC 1 An ‘‘insured depository institution’’ means any 2 Under section 42, this requirement does not assistance or subsequently transferred back to the bank or savings association, as defined in Section apply when a savings association closes a branch. FDIC.

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 34846 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices were to close ahead of schedule, the • A temporary interruption of service Notice of Branch Closing to Customers purchaser, if authorized by the caused by an event beyond the Customer Allocation appropriate Federal banking agency, institution’s control (e.g., a natural could operate the branch to complete catastrophe), if the insured depository The law requires an insured compliance with the 90-day institution plans to restore branching depository institution that proposes to requirement without the need for an services at the site in a timely manner; 8 close a branch to provide notice of the additional notice. • Transferring back to the FDIC, proposed closing to the customers of the pursuant to the terms of an acquisition branch. A customer of a branch is a Relocations and Consolidations agreement, a branch of a failed bank or patron of an institution who has been The law does not apply when a savings association operated on an identified with a particular branch by branch is relocated or consolidated with interim basis in connection with the such institution through use, in good one or more other branches if the acquisition of all or part of a failed bank faith, of a reasonable method for relocation or consolidation occurs or savings association, so long as the allocating customers to specific within the immediate neighborhood and transfer occurs within the option period branches. An institution that allocates does not substantially affect the nature or within an occupancy period, not to customers based on where a customer of the business or customers served. For exceed 180 days, provided in the opened his or her deposit or loan purposes of this policy statement, a agreement. account will be presumed to have branch relocation is a movement within • A branch that is closed in reasonably identified each customer of a the same immediate neighborhood that connection with an emergency branch. The agencies recognize that use does not substantially affect the nature acquisition under sections 11(n), 13(f), of this means of allocation, and perhaps of the business or customers served. or 13(k) of the FDI Act, or any assistance others, may result in certain facilities Generally, relocations will be found to provided by the FDIC under section which technically constitute branches have occurred only when short 13(c) of the FDI Act. (12 U.S.C. 1821(n), not being assigned any customers, but distances are involved: For example, 1823(f) and (k), and 1823(c)). believe that this result is permissible so moves across the street, around the Notice of Branch Closing to the Agency long as the means of allocation is corner, or a block or two away. Moves reasonable; if such a branch is closed, of less than 1,000 feet will generally be The law requires an insured then notification to the appropriate considered to be relocations. In less depository institution to give notice of agency and posting of a notice on the densely populated areas or where any proposed branch closing to the branch premises will suffice. Finally, an neighborhoods extend farther, and a appropriate Federal banking agency no institution need not change its long move would not significantly affect later than 90 days prior to the date of recordkeeping system in order to make the nature of the business or the the proposed branch closing. The a reasonable determination of who is a customers served by the branch, a required notice must include the customer of a branch. relocation may occur over substantially following: longer distances.6 Institutions that are in • Identification of the branch to be Timing doubt about whether a relocation or a closed; • Under section 42, an institution must closing has occurred should consult the The proposed date of closing; include a customer notice at least 90 • A detailed statement of the reasons appropriate Federal banking agency. days in advance of the proposed closing Consolidations of branches are for the decision to close the branch; and • Statistical or other information in in at least one of the regular account considered relocations for purposes of statements mailed to customers, or in a this policy statement if the branches are support of such reasons consistent with the institution’s written policy for separate mailing. If the branch closing located within the same neighborhood occurs after the proposed date of and the nature of the business or branch closings. If an institution believes certain closing, no additional notice is required customers served is not affected. Thus, to be mailed to customers (or provided for example, a consolidation of two information included in the notice is confidential in nature, the institution to the appropriate Federal banking branches on the same block following a agency) if the institution acted in good merger would not constitute a branch should prepare such information separately and request confidential faith in projecting the date for closing closing. The same guidelines apply to and in subsequently delaying the consolidations as to relocations. treatment. The agency will decide whether to treat such information closing. Other confidentially under the Freedom of Content Information Act (5 U.S.C. 552). Changes of services at a branch are The mailed customer notice should If a notice provided to a state not considered a branch closing, state the location of the branch to be supervisory agency pursuant to state provided that the remaining facility closed and the proposed date of closing, law contains the information outlined constitutes a branch (as defined and either identify where customers 7 above, then the institution may provide herein). may obtain service following the closing a copy of that notice to the appropriate Section 42 also does not apply when date or provide a telephone number for Federal banking agency in satisfaction a branch ceases operation but is not customers to call to determine such of section 42, provided that the notice closed by an institution. Thus, the law alternative sites. If a notice of branch is filed at least 90 days prior to the date does not apply to: closing provided to customers pursuant of the branch closing. to state law contains this information, 6 OCC and OTS regulations specify distances considered short-distance relocations. See 12 CFR 8 Section 42 would apply, however, if the then a separate notice need not be sent, 5.3(l) (national banks) and 12 CFR 545.95(c) institution did not reopen the branch following the provided that the notice is sent at least (thrifts). incident. Although prior notice would not be 90 days prior to the closing. 7 The agencies note that where, after a reduction possible in such a case, the institution should notify in services, the resulting facility no longer qualifies the customers of the branch and the appropriate Low- or Moderate-Income Areas Served as a branch, section 42 would apply. Thus, notices Federal banking agency in the manner specified by by Interstate Banks of branch closing would be required if an section 42 to the extent possible and as soon as institution were to replace a traditional brick-and- possible after the decision to close the branch has If the institution is a bank that mortar branch with an ATM. been made. maintains branches in more than one

VerDate 18-JUN-99 14:18 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.XXX pfrm03 PsN: 29JNN1 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Notices 34847 state and the branch to be closed is have been met by such bank with Dated: May 19, 1999. located in a low-or moderate-income respect to the branch being closed. John D. Hawke, Jr., area,9 the notice shall contain the Comptroller of the Currency. On-Site Notice mailing address of the appropriate By order of the Board of Governors of the Federal banking agency and a statement Under section 42, an institution also Federal Reserve System, June 22, 1999. that comments on the proposed branch must post notice to branch customers in Jennifer J. Johnson, closing may be mailed to that agency. a conspicuous manner on the branch Secretary of the Board. The notice should also state that the premises at least 30 days prior to the Dated: June 3, 1999. agency does not have the authority to proposed closing. This notice should Robert E. Feldman, approve or prevent the branch closing. state the proposed date of closing and Executive Secretary, Federal Deposit If the agency receives a written request identify where customers may obtain Insurance Corporation. by a person from the area in which the service following that date or provide a Dated: June 18, 1999. branch is located, relating to the telephone number for customers to call Ellen Seidman, proposed closing and stating specific to determine such alternative sites. An Director, Office of Thrift Supervision. reasons for the request, including a institution may revise the notice to [FR Doc. 99–16471 Filed 6–28–99; 8:45 am] discussion of the adverse effect of such extend the projected date of closing BILLING CODE Board of Governors: 6210±01±P (25%) closing on the availability of banking without triggering a new 30-day notice OCC: 4810±33±P (25%) FDIC: 6714±01±P (25%) OTS: 6720±01±P (25%) services in the affected area, and if the period. agency concludes that the request is nonfrivolous, then the agency shall Contingent Notices DEPARTMENT OF THE TREASURY convene a meeting of agency In some situations, an institution, in representatives, other interested its discretion and to expedite Customs Service depository institution regulatory transactions, may mail and post notices agencies, community leaders, and other Procedures if the Generalized System to customers of a proposed branch appropriate individuals, organizations, of Preferences Program Expires closing that is contingent upon an event. and depository institutions, as For example, in the case of a proposed AGENCY: Customs Service, Treasury. determined by the agency in its merger or acquisition, an institution ACTION: discretion. The purpose of the meeting General notice. may notify customers of its intent to shall be to explore the feasibility of close a branch upon approval by the SUMMARY: The Generalized System of obtaining adequate alternative facilities appropriate Federal banking agency of Preferences (GSP) is a renewable and services for the affected area, the proposed merger or acquisition. preferential trade program that allows including the establishment of a new the eligible products of designated branch by another depository Policies for Branch Closings developing countries to directly enter institution, the chartering of a new the United States free of duty. The GSP depository institution, or the The law requires all insured is currently scheduled to expire at establishment of a community depository institutions to adopt policies midnight on June 30, 1999, unless its development credit union, following the for branch closings. Each institution provisions are extended by Congress. closing of the branch. In the case of an with one or more branches must adopt This document provides notice to institution which will become an such a policy. If an institution currently importers that claims for duty-free interstate bank prior to the closure of a has no branches, it must adopt a policy treatment under the GSP will not be branch in a low-or moderate-income for branch closing when it establishes processed by Customs for merchandise area, such information must be included its first branch. The policy should be in entered or withdrawn from a warehouse in the notice unless the closure will writing and meet the size and needs of for consumption on or after July 1, 1999, occur immediately upon consummation the institution. if the program is not extended before of the transaction that causes the Each branch closing policy adopted that date. This document also sets forth institution to become interstate. No pursuant to section 42 should include the mechanisms that will facilitate action by the appropriate Federal factors for determining which branch to refunds, should the GSP be renewed banking agency under this provision close and which customers to notify, with retroactive effect. shall affect the authority of an interstate and procedures for providing the DATES: The plan set forth in this bank to close a branch (including the notices required by the statute. document will become effective as of timing of such closing) if the July 1, 1999, if Congress does not extend requirements of sections 42(a) and 42(b) Compliance the GSP program before that date. FOR FURTHER INFORMATION CONTACT: For of the FDI Act (regarding notice to the The Federal banking agencies will specific questions relating to the appropriate Federal banking agency and examine for compliance with section 42 notice to the institution’s customers) Automated Commercial System: of the FDI Act in accordance with each James Halpin, Office of Information agency’s compliance examination Technology, 703–921–7128. For general 9 The term ‘‘low-or moderate-income area’’ means procedures, to determine whether the a census tract for which the median family income operational questions: is: (1) Less than 80 percent of the median family institution has adopted a branch closing Formal entries—John Pierce, 202–927– income for the metropolitan statistical area (as policy and whether the institution 1249; designated by the Director of the Office of provided the required notices when it Management and Budget) in which the census tract Informal entries—John Considine, 202– is located; or (2) in the case of a census tract that closed a branch. If an institution fails to 927–0042; is not located in a metropolitan statistical area, less comply with section 42, the appropriate Mail entries—Robert Woods, 202–927– than 80 percent of the median family income for the Federal banking agency may make 1236; State in which the census tract is located, as adverse findings in the compliance Passenger claims—Wes Windle, 202– determined without taking into account family income in metropolitan statistical areas in such evaluation or take appropriate 927–0167 State. (12 U.S.C. 1831r-l(d)(4)). enforcement action. SUPPLEMENTARY INFORMATION:

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Background Special Program Indicator (SPI) ‘‘A’’ as refund for the GSP line items with no Section 501 of the Trade Act of 1974 a prefix to the tariff number. Customs further action needed to be taken by the (the Act), as amended (19 U.S.C. 2461), Automated Commercial System (ACS) filer to request a refund. will accept the SPI ‘‘A’’ transmission authorizes the President to establish a 2. Need for Written Request Generalized System of Preferences with the payment of duty. If the GSP is (GSP) to provide duty-free treatment for renewed with retroactive effect, the If an ABI entry summary was filed duties deposited will be refunded by eligible articles imported directly from without the SPI ‘‘A’’, then the request Customs without further action by the designated beneficiary countries. for a refund must be in writing. Further, ABI filer. In effect, use of the SPI ‘‘A’’ Beneficiary developing countries and all non-ABI filers must request refunds will constitute an ABI filer’s request for articles eligible for duty-free treatment in writing. Instructions on how to a refund of duties paid for GSP line under the GSP are designated by the request a refund in writing will be President by Presidential Proclamation items if GSP is renewed with retroactive effect. It is noted that for ABI filers to issued if the GSP is renewed with in accordance with sections 502(a) and retroactive effect. 503(a) of the Act (19 U.S.C. 2462(a) and take advantage of this system for 2463(a)). Pursuant to 19 U.S.C. 2465, as receiving an automatic refund if GSP is Informal Entries amended by section 1011(a) of Pub. L. renewed retroactively, the filers will 105–277, 112 Stat. 2681, duty-free have to reprogram their software to Refunds on informal entries filed treatment under the GSP is presently allow for the submission of estimated through the ABI with the SPI ‘‘A’’ scheduled to expire on June 30, 1999. duties with the SPI ‘‘A’’ designation on designation will be processed in Congress is currently considering entries. ABI filers who do not wish to accordance with the automatic refund whether to extend the GSP program. If reprogram their software will be procedure outlined above. Congress does not pass legislation required to request refunds in writing to Baggage Declarations and Non-ABI renewing the GSP before midnight, June the appropriate port director identifying Informals 30, 1999, no claims for duty-free the affected entry numbers if the GSP is renewed with retroactive effect. treatment under the program will be When merchandise is presented for While reprogramming is strictly processed by Customs on entries made clearance, travelers and importers will voluntary, continued use of the SPI ‘‘A’’ after that time. If legislation renewing be advised verbally that they may be the GSP is enacted after the GSP has some benefits: one already mentioned is that the filer will not have eligible for a refund of GSP duties. expires, language may be included that Travelers/importers desiring such would make the GSP effective back to to request a refund of deposited duties refund should request the Customs the date of its present expiration. in writing should the GSP be renewed Officer to annotate the receipt of Recognizing the effect that renewing with retroactive effect; another is that payment to indicate that the GSP duty treatment with retroactive ACS will perform its usual edits on the effect has on both importers, who must information transmitted by the filer, merchandise would be eligible for GSP request refunds of duties deposited, and thereby ensuring that GSP claims are for duty-free treatment. Then, should the Customs, which must liquidate or acceptable country/tariff combinations GSP be renewed with retroactive effect, reliquidate eligible entries, Customs and eliminating the need for statistical the traveler/importer must request the developed a mechanism to facilitate corrections. GSP duty refund in a letter that includes certain refunds. Set forth below is Importers may not use the SPI ‘‘A’’ if the copy of the receipt of payment and Customs plan that will be implemented they intend to later claim drawback, submit the request to the appropriate on July 1, 1999, if the GSP has not been because claiming both the refund of Customs port of entry. extended by that date. duties deposited and drawback would Mail Entries be to request a refund in excess of duties Formal Entries actually deposited. Importers who are Should the GSP be renewed with Claims—Duties Must Be Deposited unsure as to whether they will claim retroactive effect, those addressees who drawback are advised not to use the SPI Although Customs will accept claims received GSP eligible merchandise ‘‘A’’. If the GSP is renewed with for GSP duty-free treatment, as specified (identified on the CF 3419A, (Mail retroactive effect, and the importer has below, Customs will not process the Entry)) may be eligible for a refund of not claimed drawback or enabled claim as duty free under the GSP for GSP duties and should submit a another person to claim drawback, then merchandise entered, or withdrawn separate written claim for a refund. The the importer may request a refund of from warehouse for consumption on or request for the refund and a copy of the duties deposited by writing to the port after July 1, 1999. Further, duties at the CF 3419A should be submitted to the director at the port of entry. Also, normal-trade-relations rate must be appropriate International Mail Branch importers may not use the SPI ‘‘A’’ if deposited, unless an alternate claim is identified at the bottom right-hand they have made an alternative duty-free made under another preferential corner of the CF 3419A. (The copy of treatment claim to GSP (for example, the program for which the merchandise the CF 3419A must be included with the Andean Trade Preference Act or the qualifies (for example, the Andean request, as the information contained on Caribbean Basin Economic Recovery Trade Preference Act or the Caribbean the form will be the only record of the Act). Basin Economic Recovery Act). GSP merchandise entered and whether On or after July 1, 1999, for all Refunds the duties and fees were paid). merchandise that would qualify for the 1. Automatic Dated: June 24, 1999. GSP were the GSP still in effect, Automated Broker Interface (ABI) filers If an ABI entry summary was filed Robert J. McNamara, must deposit duties at the normal-trade- with the SPI ‘‘A’’, should the GSP be Acting Assistant Commissioner Field relations rate with their entry renewed with retroactive effect, then Operations. summaries, but may continue to claim Customs will liquidate or reliquidate all [FR Doc. 99–16480 Filed 6–28–99; 8:45 am] GSP duty-free treatment by using the affected ABI entry summaries with a BILLING CODE 4820±02±P

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DEPARTMENT OF THE TREASURY SUMMARY: An open meeting of the public information collection Midwest Citizen Advocacy Panel will be requirement(s) to OMB for review and Internal Revenue Service held in Des Moines, Iowa. clearance under the Paperwork DATES: The meeting will be held Reduction Act of 1995, Pub. L. 104–13. Notice of Meeting Thursday, July 22, 1999 and Friday, July Interested persons may obtain copies of AGENCY: Internal Revenue Service (IRS), 23, 1999. the submission(s) by calling the OTS Treasury. FOR FURTHER INFORMATION CONTACT: Clearance Officer listed. Send comments regarding this information collection to ACTION: Notice of open meeting of Sandra McQuin at 1–888–912–1227, or the OMB reviewer listed and to the OTS Citizen Advocacy Panel, Brooklyn 414–297–1604. Clearance Officer, Office of Thrift District. SUPPLEMENTARY INFORMATION: Notice is Supervision, 1700 G Street, NW, hereby given pursuant to Section Washington, DC 20552. SUMMARY: An open meeting of the 10(a)(2) of the Federal Advisory Brooklyn District Citizen Advocacy Committee Act, 5 U.S.C. App. (1988) DATES: Submit written comments on or Panel will be held in Brooklyn, New that an open meeting of the Citizen before July 29, 1999. York. OMB Number: 1550–0015. Advocacy Panel (CAP) will be held l DATES: The meeting will be held Thursday, July 22, 1999 from 12:00 Form Number: H–(e) . Tuesday, July 20, 1999. noon to 5:00 p.m. and 7:00 p.m to 9:00 Type of Review: Extension. Title: S&L Holding Company p.m. and Friday, July 23, 1999 from 9:00 FOR FURTHER INFORMATION CONTACT: Applications. a.m. to 4:30 p.m. in Room 207, Best Kevin McKeon at 1–888–912–1227 or Description: This information is Western, Starlite Village, 929 Third 718–488–3555. collected to determine whether a Street, Des Moines, Iowa 50309. The SUPPLEMENTARY INFORMATION: Notice is company meets the statutory standards Citizen Advocacy Panel is soliciting hereby given pursuant to Section to become a savings and loan holding public comment, ideas, and suggestions 10(a)(2) of the Federal Advisory company. on improving customer service at the Committee Act, 5 U.S.C. App. (1988) Respondents: Savings and Loan Internal Revenue Service. The public is that an operational meeting of the Associations and Savings Banks. Citizen Advocacy Panel will be held invited to make oral comments on Estimated Number of Recordkeepers: Tuesday, July 20, 1999, 6:00 p.m. to 9:00 Thursday, July 22, 1999, 7:00 p.m. to 154. p.m. at 10 MetroTech Center, 6th Floor, 9:00 p.m.; written comments will be Estimated Burden Hours Per 625 Fulton Street, Brooklyn, N.Y. 11201. read into the record. Individual Recordkeeper: 502.6 hours. Due to limited conference space, comments will be limited to 10 minutes. Frequency of Response: Once per notification of intent to attend the If you would like to have the CAP submission. meeting must be made with Kevin consider a written statement or pre- Estimated Total Recordkeeping McKeon. Mr. McKeon can be reached at register to make an oral comment, Burden: 77,402 hours. 1–888–912–1227 or 718–488–3555. The please call the CAP office at 1–888–912– Clearance Officer: Mary Rawlings- public is invited to make oral comments 1227 or 414–297–1604, FAX (414) 297– Milton, (202) 906–6028, Office of Thrift from 7:00 p.m. to 8:00 p.m. on Tuesday, 1623 or mail to Citizen Advocacy Panel, Supervision, 1700 G Street, NW, July 20, 1999. Individual comments will Mail Stop 1006–MIL, 310 W. Wisconsin Washington, DC 20552. be limited to 5 minutes. Ave, Milwaukee, Wisconsin 53203– OMB Reviewer: Alexander Hunt, (202) If you would like to have the CAP 2221. If you would like to pre-register 395–7860, Office of Management and consider a written statement, please call for the meeting, the only information Budget, Room 10202, New Executive 1–888–912–1227 or 718–488–3555, or needed by the CAP office is number of Office Building, Washington, DC 20503. write Kevin McKeon, CAP Office, P.O. attendees and zip code. Frank DiGialleonardo, The Agenda will include the Box R, Brooklyn, N.Y., 11202. CIO and Director, Office of Information The Agenda will include the following: Reports by the CAP sub- Services. groups, presentation of taxpayer issues following: Reports of the sub- [FR Doc. 99–16524 Filed 6–28–99; 8:45 am] committees and various IRS issues. by individual members, CAP office report, report on Points of Light BILLING CODE 6720±01±P Note: Last minute changes to the agenda conference, and discussion of issues. are possible and could prevent effective advance notice. Note: Last minute changes to the agenda DEPARTMENT OF THE TREASURY Dated: June 14, 1999. are possible and could prevent effective advance notice. Office of Thrift Supervision M. Cathy VanHorn, Dated: June 14, 1999. CAP Project Manager. M. Cathy VanHorn, Submission for OMB Review; [FR Doc. 99–16412 Filed 6–28–99; 8:45 am] CAP Project Manager. Comment Request BILLING CODE 4830±01±P [FR Doc. 99–16413 Filed 6–28–99; 8:45 am] June 21, 1999. BILLING CODE 4830±01±P The Office of Thrift Supervision DEPARTMENT OF THE TREASURY (OTS) has submitted the following public information collection Internal Revenue Service DEPARTMENT OF THE TREASURY requirement(s) to OMB for review and clearance under the Paperwork Office of Thrift Supervision Notice of Meeting Reduction Act of 1995, Pub. L. 104–13. AGENCY: Internal Revenue Service (IRS), Submission for OMB Review; Interested persons may obtain copies of Treasury. Comment Request the submission(s) by calling the OTS Clearance Officer listed. Send comments ACTION: Notice of open meeting of June 21, 1999. regarding this information collection to Citizen Advocacy Panel, Midwest The Office of Thrift Supervision the OMB reviewer listed and to the OTS District. (OTS) has submitted the following Clearance Officer, Office of Thrift

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Supervision, 1700 G Street, NW, institution and whether any of the Clearance Officer: Mary Rawlings- Washington, DC 20552. holding company?s activities would be Milton, (202) 906–6028, Office of Thrift DATES: Submit written comments on or injurious to the operation of the Supervision, 1700 G Street, NW, before July 29, 1999. subsidiary savings institution. Washington, DC 20552. OMB Number: 1550–0020. Respondents: Savings and Loan OMB Reviewer: Alexander Hunt, (202) Form Number: H(b)10. Associations and Savings Banks. 395–7860, Office of Management and Type of Review: Extension. Estimated Number of Recordkeepers: Budget, Room 10202, New Executive Title: S&L Holding Company 135. Office Building, Washington, DC 20503. Registration Statement. Estimated Burden Hours Per Description: This information is Recordkeeper: 8 hours. Frank DiGialleonardo, collected to determine if a savings and Frequency of Response: Once per CIO and Director, Office of Information loan holding company has adhered to submission. Services. the statutes, regulations, and condition Estimated Total Recordkeeping [FR Doc. 99–16525 Filed 6–28–99; 8:45 am] of approval to acquire an insured Burden: 1,080 hours. BILLING CODE 6720±01±P

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Corrections Federal Register Vol. 64, No. 124

Tuesday, June 29, 1999

This section of the FEDERAL REGISTER 4. On the same page, in the same from the end, ‘‘transaction’’ should read contains editorial corrections of previously column, in the first paragraph, in the ‘‘transactions’’. published Presidential, Rule, Proposed Rule, eighth line, ‘‘release’’ should read 14. On the same page, in the same and Notice documents. These corrections are ‘‘Release’’. column, in footnote 8, in the second line prepared by the Office of the Federal 5. On the same page, in the same from the bottom, ‘‘of’’ should read ‘‘for’’. Register. Agency prepared corrections are column, in footnote 1, in the fourth line, issued as signed documents and appear in 15. On the same page, in the second the appropriate document categories ‘‘noncompetitive transaction’’ should column, in footnote 9, in the 13th line, elsewhere in the issue. read ‘‘noncompetitive transactions’’. ‘‘Future’’ should read ‘‘Futures’’. 6. On the same page, in the same 16. On the same page, in the same column, in footnote 2, in the second column, in footnote 9, in the third line line, ‘‘Exchanges’’ should read from the end, ‘‘April 10, 1995’’ should COMMODITY FUTURES TRADING ‘‘exchanges’’. read ‘‘April 20, 1995’’. COMMISSION 7. On the same page, in the same 17. On the same page, in the same column, in footnote 2, in the second Alternative Execution, or Block column, in footnote 11, in the last line, paragraph, in the third line, ‘‘authorize’’ ‘‘ti’’ should read ‘‘it’’. Trading, Procedures for the Futures should read ‘‘authorizes’’. Industry 18. On the same page, in the third 8. On the same page, in the third column, in footnote 11, in the second Correction column, in footnote 5, in the first line, paragraph, in the fifth line from the end, ‘‘sections’’ should read ‘‘Sections’’. after ‘‘are’’ add ‘‘not’’. 9. On the same page, in the same In notice document 99– 14713, 19. On the same page, in the same column, in footnote 5, in the last line, beginning on page 31195 in the issue of column, in footnote 12, in the last line, Thursday, June 10, 1999, make the ‘‘rule’’ should read ‘‘rules’’. 10. On the same page, in the same add end quotation marks after ‘‘up’’. following corrections: 20. On page 31198, in the first 1. On page 31195, in the third column, in footnote 6, in the 11th line, ‘‘CMD’’ should read ‘‘CME’’. column, in the first line of the footnote, column, in the heading, ‘‘Executive’’ ‘‘Inform’’ should read ‘‘inform’’. should read ‘‘Execution’’. 11. On page 31197, in the first column, in the ninth line, ‘‘These’’ 21. On the same page, in the second 2. On the same page, in the same should read ‘‘these’’. column, in the first complete paragraph, column, in the summary, in the fourth 12. On the same page, in the same in the third line from the end, line, remove ‘‘executive.’’ column, in the second paragraph, in the ‘‘transaction’’ should read 3. On page 31196, in the first column, sixth line, ‘‘the’’ should read ‘‘a’’. ‘‘transactions’’. in the third line, add a comma after 13. On the same page, in the same [FR Doc. C9–14713 Filed 6–28–99; 8:45 am] ‘‘Trading’’. column, in footnote 8, in the ninth line BILLING CODE 1505±01±D

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ENVIRONMENTAL PROTECTION In this consolidated rulemaking Environmental Protection Agency AGENCY package, we are also promulgating Library (MD–35), Research Triangle general control requirements for certain Park, North Carolina 27711, telephone 40 CFR Part 63 types of emission points for hazardous (919) 541–2777. Please refer to air pollutants (HAP), which will then be ‘‘National Emission Standards for [AD±FRL±6346±9] referenced, as appropriate, in MACT Hazardous Air Pollutants: Generic RIN 2060±AG91, 2060±AF06, 2060±AG94, requirements for individual source Maximum Achievable Control 2060±AF09, 2060±AE36 categories. These general control Technology—Background Information requirements are set forth in new for Acetal Resins, Acrylic and National Emission Standards for promulgated subparts and are Modacrylic Fiber, Hydrogen Fluoride, Hazardous Air Pollutants: Generic applicable to storage vessels containing and Polycarbonate Production Maximum Achievable Control organic materials, process vents Promulgated Standards,’’ EPA–453/C– Technology (Generic MACT) emitting organic vapors, and leaks from 99–001. equipment components. In addition, we AGENCY: Environmental Protection Docket. A docket, No. A–97–17, Agency (EPA). are promulgating a separate subpart of containing information considered by us requirements for closed vent systems, in the development of the proposed and ACTION: Final rule. control devices, recovery devices and promulgated standards for the generic SUMMARY: This action promulgates the routing emissions to fuel gas systems or MACT, is available for public inspection consolidated rulemaking proposal a process. between 8:30 a.m. and 5:30 p.m., published on October 14, 1998. Today’s We have withdrawn the proposed Monday through Friday (except for rule establishes our ‘‘generic MACT process wastewater provisions from the Federal holidays), at the following standards’’ program for setting national promulgated rule. In a supplemental address: U.S. Environmental Protection emission standards for hazardous air notice of proposed rulemaking (SNPR) Agency, Air and Radiation Docket and pollutants (NESHAP) under section 112 published elsewhere in today’s Federal Information Center (MC–6102), 401 M of the Clean Air Act (Act) for certain Register, we reopen the comment period Street SW, Washington DC 20460, small source categories consisting of (for 30 days) specifically to request telephone: (202) 260–7548. Our Air five or fewer major sources. As part of additional comment on amendments to Docket section is located at the above this generic MACT program, we are the proposed standards for process address in Room M–1500, Waterside establishing an alternative methodology wastewater provisions for the AR, AMF, Mall (ground floor). Dockets established for making maximum achievable control and PC production source categories. for each of the source categories technology (MACT) determinations for We plan to take final action regarding assimilated under the generic MACT appropriate small categories by referring the amendments to the proposed standards with this promulgation to previous MACT standards that have provisions for process wastewater include the following: AR production been promulgated for similar sources in streams by November 15, 1999 (the (Docket No. A–97–19); AMF production other categories. The basic purposes of revised date set forth in a proposed (Docket No. A–97–18); HF production the generic MACT program are to use consent decree). (Docket No. A–96–54); and PC public and private sector resources EFFECTIVE DATE: The effective date is production (Docket No. A–97–16). efficiently, and to promote regulatory June 29, 1999. These dockets include source category- consistency and predictability in MACT ADDRESSES: Technical Support specific supporting information. The standards development. Document. The consolidated proposed and promulgated standards, Today’s consolidated rulemaking rulemaking package promulgated today and supporting information are package includes promulgated MACT is supported by a background available for inspection and copying. A standards that have been developed information document (BID) that reasonable fee may be charged for within the generic MACT framework for contains a summary of the public copying. four specific source categories that are comments received on the proposal and FOR FURTHER INFORMATION CONTACT: For included on our list of categories for the Administrator’s responses to public information concerning the promulgated which NESHAP are required: acetal comments. This document may be standards, contact the following at the resins (AR) production, acrylic and obtained from the docket for this rule, Emission Standards Division (MD–13), modacrylic fiber (AMF) production, A–97–17, or through the Internet at U.S. Environmental Protection Agency, hydrogen fluoride (HF) production, and http://www.epa.gov/ttn/oarpg/ Research Triangle Park, North Carolina polycarbonate(s) (PC) production. ramain.html or from the U.S. 27711:

Phone/Facsimile/ Information Type Contact Group e-mail address

AR Production ...... John M. Schaefer ...... Organic Chemicals Group ...... (919) 541±0296/(919) 541±3470/ [email protected] AMF Production ...... Anthony P. Wayne ...... Policy, Planning and Standards (919) 541±5439/(919) 541±0942/ Group. wayne. [email protected] HF Production ...... Richard S. Colyer ...... Policy, Planning, and Standards (919) 541±5262/(919) 541±0942/ Group. [email protected] PC Production ...... Mark A. Morris ...... Organic Chemicals Group ...... (919) 541±5416/(919) 541±3470/ [email protected] Recordkeeping and Reporting Re- Belinda Breidenbach ...... Office of Enforcement and Com- (202) 564±7022 quirements. pliance Assurance. Nonsource category-specific ...... David W. Markwordt ...... Policy, Planning and Standards (919) 541±0837/ (919) 541±0942/ Group. [email protected]

The EPA Region contacts are as follows:

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Information Type Contact EPA Office/Region Phone

AR Production ...... Lee Page ...... Region IV ...... (404) 562±9131 Robert Todd ...... Region VI ...... (214) 665±2156 AMF Production ...... Lee Page ...... Region IV ...... (404) 562±9131 HF Production ...... Robert Todd ...... Region VI ...... (214) 665±2156 PC Production ...... Lee Page ...... Region IV ...... (404) 562±9131 Bruce Varner ...... Region V ...... (312) 886±6793 Robert Todd ...... Region VI ...... (214) 665±2156

SUPPLEMENTARY INFORMATION: The bulletin boards. The TTN provides through Friday, or access the TTN web SNPR, the promulgated regulatory text, information and technology exchange in site at: http://www.epa.gov/ttn. and supporting documentation are various areas of air emissions control. Regulated Entities available in Docket No. A–97–17 or by The service is free, except for the cost request from our Air and Radiation of a telephone call. Dial (919) 541–5742 Entities potentially regulated are Docket and Information Center (see for up to a 14,400 baud per second those that produce AR, AMF, HF, and ADDRESSES). The SNPR and the modem. For further information, contact PC and are major sources of HAP as promulgated regulatory text are also the TTN HELP line at (919) 541–5384, defined in section 112 of the Act. available on the Technology Transfer from 1:00 p.m. to 5:00 p.m. Monday Regulated categories and entities Network (TTN) on our electronic include the following:

Category Regulated entities a

Industry ...... Producers of homopolymers and/or copolymers of alternating oxymethylene units. Producers of either acrylic fiber or modacrylic fiber synthetics composed of acrylonitrile (AN) units. Producers of, and recoverers of HF by reacting calcium fluoride with sulfuric acid. For the pur- pose of implementing the rule, HF production is not a process that produces gaseous HF for direct reaction with hydrated aluminum to form aluminum fluoride (i.e., the HF is not recov- ered as an intermediate or final product prior to reacting with the hydrated aluminum). Producers of polycarbonate. a This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that we are now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your facility, company, business, organization, etc., is regulated by this action, you should care- fully examine the applicability criteria in § 63.1104(a)(1), (b)(1), (c)(1), and (d)(1) of the rule. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Judicial Review The following outline is provided to A. Docket assist you in reading this preamble. B. Paperwork Reduction Act Under section 307(b)(1) of the Act, C. Executive Order 12866 judicial review of this final rule is I. Why have we developed these regulations? D. Executive Order 12875 available only by filing a petition for II. What factors did we consider when E. Regulatory Flexibility Act/Small review in the United States Court of developing these standards? Business Regulatory Enforcement Appeals for the District of Columbia A. Promotion of Public Health and Welfare Fairness Act of 1996 Circuit by August 30, 1999. Under B. Statutory and Technical Considerations F. Unfunded Mandates Reform Act C. Stakeholder and Public Participation section 307(d)(7)(B) of the Act, only an G. Submittal to Congress and the General III. What are the final standards? Accounting Office objection to this rule which was raised A. Generic MACT Rule Structure H. National Technology Transfer and with reasonable specificity during the B. Acetal Resins Production Standards Advancement Act period for public comment can be raised C. Acrylic and Modacrylic Fibers I. Executive Order 13045 during judicial review. Moreover, under Production Standards J. Executive Order 13084 section 307(b)(2) of the Act, the D. Hydrogen Fluoride Production requirements established by today’s Standards I. Why Have We Developed These final action may not be challenged E. Polycarbonate Production Standards Regulations? separately in any civil or criminal IV. What are the impacts associated with the Section 112(b) of the Act (as final rule? amended) lists 188 HAP’s and directs us proceeding brought by us to enforce V. The Legal Basis for the Generic MACT these requirements. Approach to develop rules to control all major and some area sources emitting HAP. On Plain Language A. The Generic MACT Approach B. Criteria for Determining Suitability for July 16, 1992 (57 FR 31576), we In compliance with President Generic MACT published a list of major and area Clinton’s June 1, 1998 Executive C. Adequacy of Notice and Comment sources for which NESHAP are to be Memorandum on Plain Language in D. Date for Determining New Sources promulgated. On December 3, 1993 (58 government writing, this preamble is VI. What are the significant comments and FR 83941), we published a schedule for written using plain language. Thus, the changes made on the proposed promulgating standards for the listed use of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ in this standards? major and area sources. Standards for A. MACT for Acrylic and Modacrylic Fiber notice refers to the EPA. The use of Production—Changes Made Since the acetal resins production, acrylic and ‘‘you’’ refers to the reader, and may Proposal modacrylic fiber production, and include industry; State, local, and tribal B. Process and Maintenance Wastewater polycarbonate production source governments; environmental groups; Stream Provisions categories were scheduled for and other interested individuals. VII. Administrative Requirements promulgation by 1997. The hydrogen

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We are establish standards that are no less the proposed standards, a public promulgating standards for the AR, stringent than the level of control hearing was offered on November 25, AMF, HF, and PC production source defined under section 112(d)(3) of the 1998 in Research Triangle Park, North categories under a May 15, 1999 court- Act (this minimal level of control is Carolina. ordered deadline. referred to as the ‘‘MACT floor.’’ The public comment period was from We chose to regulate the AR October 14, 1998 to January 12, 1999. II. What Factors Did We Consider production, AMF production, HF When Developing These Standards? production, and PC production source The most significant comments and categories under one subpart to responses are discussed in section VI of A. Promotion of Public Health and this preamble. Welfare streamline the regulatory burden associated with the development of The Act was developed, in part, III. What Are the Final Standards? separate rulemaking packages. All of ** * to protect and enhance the quality these source categories have four or The final rule promulgates standards of the Nation’s air resources so as to promote fewer major sources that would be for AR production, AMF production, HF the public health and welfare and productive subject to the standards. This subpart is production, and PC production that capacity of its population [the Act, section 101(b)(1)]. referred to as the ‘‘generic MACT include requirements that reflect standards’’ subpart. The generic MACT existing emission point control Sources that would be subject to the standards subpart has been structured to requirements for similar sources; standards promulgated for each of the allow source categories with similar requirements that are source category- source categories (i.e., AR production, emission points and MACT control specific; and requirements that apply to AMF production, HF production, PC requirements to be covered under one all source categories that are regulated production) with today’s consolidated subpart. under the generic MACT standards rulemaking package are major sources of In the proposal preamble, we provide subpart (e.g., general recordkeeping, HAP emissions on our list of categories a discussion on the approach used to reporting, compliance, operation, and scheduled for regulation under section collect and evaluate information maintenance requirements). Section 112(c)(1) of the Act. Major sources of pertaining to MACT and the rationale III.A of this preamble presents the HAP emissions are those sources that for our approach for determining MACT generic MACT standards subpart have the potential to emit greater than for source categories with a limited structure, and sections III.B through III.E 9.1 megagrams per year (Mg/yr) (10 tons population of sources (see 63 FR 55181– present a summary of the promulgated per year (tpy)) of any one HAP or 22.7 55184, October 24, 1998). The rationale standards applicable to each of the Mg/yr (25 tpy) of any combination of for the MACT determination under the source categories in the final rule. HAP. The HAP that would be controlled MACT standards for the AR production, with today’s consolidated rulemaking AMF production, HF production, and The final rule applies to process units package are associated with a variety of PC production source categories is also and emission points that are part of a adverse health effects. Adverse health described in the proposal preamble (see plant site that is a major source as effects associated with HAP include 63 FR 55191–55196, October 24, 1998). defined in section 112 of the Act. The chronic health disorders (e.g., cancer, applicability section of the regulation C. Stakeholder and Public Participation aplastic anemia, pulmonary (lung) specifies what source categories are structural changes), and acute health Representatives of the AR production, being regulated and defines the disorders (e.g., dyspnea (difficulty in AMF production, HF production, and emission points subject to the rule. breathing), and neurotoxic effects. PC production industries and State and local agencies were consulted in the A. Generic MACT Rule Structure B. Statutory and Technical development of the proposed standards. Considerations The following discussion presents a Documentation for stakeholder and summary of the structure of the We regulate stationary sources of HAP public participation for these source standards included in the final rule. under section 112 of the Act. Section categories is included in the docket for 112(b) (as amended) of the Act lists 188 these standards (Docket No. A–97–17). 1. Applicability chemicals, compounds, or groups of Source category-specific supporting chemicals as HAP. Under section 112, information is maintained within The final rule allows source categories we are directed to regulate the emission dockets established for each of these with similar emission points and MACT of HAP from stationary sources by source categories (see ADDRESSES control requirements to be covered establishing national emission section of this preamble for Docket under one subpart. The applicability standards. information). section specifies the source categories Section 112(a)(1) of the Act defines a The generic MACT standards were and affected source for each of the major source as: proposed in the Federal Register on source categories subject to the generic October 14, 1998 (63 FR 55178). We MACT standards. This section also ** * any stationary source or group of clarifies the applicability of certain stationary sources located within a placed the proposed notice and contiguous area and under common control regulatory text, along with supporting emission point provisions for which that emits or has the potential-to-emit, documentation, in a docket open to the both the generic MACT standards considering controls, in the aggregate 10 tons public at that time and made them subpart and other existing Federal per year (tpy) or more of any HAP or 25 tpy available to interested parties. Public regulations might apply. or more of any combination of HAP. comments were solicited at the time of 2. Definitions The statute requires that we establish proposal. Comments were specifically standards to reflect the maximum requested on the proposed generic The definitions section of the final degree of reduction in HAP emissions MACT approach and the emission point rule specifies definitions that apply through application of MACT for major general control requirement subparts. across source categories.

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3. Compliance Schedule and secondary seals; by using a fixed The requirements for existing The compliance schedule section of roof with an internal floating roof spinning lines at existing AMF sources the final rule provides compliance dates equipped with specified seals; or by have been revised to better reflect for new and existing sources. covering and venting emissions through existing spinning solution AN a closed vent system to one of the concentrations and subsequent 4. Source Category-specific following: emissions relative to the two types of Applicability, Definitions, and a. A recovery device or an enclosed polymerization processes used in the Standards combustion device that achieves a HAP industry. Separate control requirements The source category-specific control efficiency ≥ 95 percent. are being included in the final rule to applicability, definitions and standards b. A flare. reflect the differences in the two section of the final rule specifies the polymerization processes relative to definitions, and standards that apply to 2. Process Vents From Continuous Unit spinning solution or spin dope residual an affected source based on Operations (Back End and Front End AN concentrations and the technical applicability criteria, for each source Process Vents) feasibility of applying source reduction category. Front end process vents are required measures. 5. Applicability Assessment Procedures to control HAP or total organic As an alternative to these individual and Methods compound (TOC) emissions by venting source requirements, if you own or emissions through a closed vent system operate an affected AMF production If you are an owner or operator of an to a flare, or venting emissions through facility you can comply with the final affected source, the applicability a closed vent system to any combination rule by controlling facility-wide AN assessment procedures and methods of control devices that reduces emissions (not including equipment sections of the final rule provide emissions of HAP or TOC by 60 percent leaks) to a level such that emissions do procedures for you to follow when by weight or to a concentration of 20 not exceed 0.5 kilograms of AN per Mg assessing whether control requirements ppmv, whichever is less stringent. Back of fiber produced (1.0 pound AN per ton under the standard applicability section end process vents with a total resource of fiber produced) for existing sources, of the rule apply. Standard applicability effectiveness index value (TRE) less and 0.25 kilograms of AN per Mg of assessment procedures (as applicable) than 1.0 are required to control HAP or fiber produced (0.5 pounds AN per ton are footnoted in the standard TOC emissions by venting emissions of fiber produced) for new sources. requirement applicability tables through a closed vent system to a flare, 1. Storage Vessels specified for each source category. or avoid control requirements venting 6. Generic Standards and Procedures for emissions through a closed vent system Storage vessels storing process feed Approval for an Alternative Means of to any combination of control devices material would be required to control Emissions Limitation that reduces emissions of HAP or TOC AN emissions by using an external The remaining sections of the final by 98 percent by weight or to a floating roof equipped with specified rule contain provisions that apply concentration of 20 parts per million by primary and secondary seals; using a across source categories within the volume (ppmv), whichever is less fixed roof with an internal floating roof generic MACT subpart. These stringent; or by achieving and equipped with specified seals; or by provisions include generic compliance, maintaining a TRE index value greater venting emissions through a closed-vent maintenance, monitoring, than 1.0. system to one of the following: recordkeeping, and reporting 3. Equipment Leaks a. A recovery device that achieves a requirements. An alternative means of HAP control efficiency ≥95 percent; For equipment containing or emission limitation to the design, ≥ b. An enclosed combustion control operational, work practice, or contacting HAP in amounts 5 percent, HAP emissions are required to be device that achieves a HAP control equipment standards specified for each efficiency ≥98 percent; or source category within the generic controlled through the implementation c. A flare. MACT subpart may also be established of a leak detection and repair (LDAR) as provided in § 63.1113 of 40 CFR part program for affected equipment. 2. Continuous Process Vents 63, subpart YY (Generic MACT C. Acrylic and Modacrylic Fibers Process vents with vent streams with Standards). Production Standards a HAP concentration ≥50 ppmv would B. Acetal Resins Production Standards The final standards for AMF be required to control HAP emissions by The AR production standard regulates production consist of standards that venting vapors through a closed-vent HAP emissions from storage vessels regulate acrylonitrile (AN) emissions system to a recovery or control device storing process feed materials, process from storage vessels, process vents, fiber that reduces emissions of HAP or TOC vents, and equipment leaks from spinning lines, process wastewater by 98 weight-percent or to a compressors, agitators, pressure relief treatment systems; and equipment leaks. concentration of 20 ppmv, whichever is devices, sampling connection systems, Requirements for individual sources are, less stringent, by using a flare or by open-ended valves or lines, valves, for the most part, the same for both venting and using any combination of connectors, and instrumentation existing and new sources. The one combustion, recovery, and/or recapture systems. Requirements are the same for exception is fiber spinning lines. The devices. If the controlled vent stream is both existing and new sources. requirements for spinning lines at new halogenated, emissions are required to or modified sources remain the same as be vented to a halogen reduction device 1. Storage Vessels those proposed (i.e., an 85 percent AN that reduces hydrogen halides and Storage vessels with specified sizes reduction) with the addition of an halogens by 99 percent or to less than that store materials with specified vapor alternative performance standard that 0.45 kilograms per hour (kg/hr) either pressures are required to control HAP limits spinning line emissions to 0.25 prior to or after (other than by using a emissions by using an external floating kilograms AN per megagram (Mg) of flare) reducing the HAP or TOC by 98 roof equipped with specified primary fiber produced. weight-percent.

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3. Fiber Spinning Lines 2. Process Vents From Continuous Unit emissions reductions associated with Operations the application of the control or Spinning lines at suspension recovery devices for the regulated polymerization existing sources are Process vents for HF recovery and refining are required to control HF source categories are expected to be required to reduce the spin dope AN small as the AR, AMF, HF, and PC concentration to 100 (ppmw) or less. No emissions by venting emissions to a wet scrubber designed and operated to production facilities affected by this additional AN specific emission rule essentially already have a level of reduction levels have been identified in achieve a 99 percent by weight HF removal efficiency. control equivalent to that determined to this final rule for these sources. No be MACT. control requirements are specified in the 3. Equipment Leaks Based on previous impacts analyses final rule for existing spinning lines at All equipment leaks are controlled associated with the application of the solution polymerization sources. New through a LDAR program. control and recovery devices required and modified sources are required either under the standards and because each of to reduce AN emissions by greater than E. Polycarbonate Production Standards the four regulated source categories or equal to 85 percent, reduce the spin The PC production standards regulate have only five or fewer major sources, dope AN concentration to 100 ppmw, or organic HAP emissions from process we believe that there will be minimal, limit spinning line emissions to 0.25 vents, storage vessels, and equipment if any, adverse environmental or energy kilograms AN per Mg (0.5 lb AN per leaks. Different requirements and impacts associated with the final ton) of fiber produced. applicability criteria apply for existing standards. 4. Equipment Leaks and new sources. Likewise, based on available information, we estimate that the cost 1. Storage Vessels For equipment containing or and economic impacts of the final contacting AN in amounts ≥10 percent, Storage vessels with specified sizes standards for the four source categories HAP emissions would be required to be that store materials with specified vapor being regulated will be insignificant or controlled through the implementation pressures are required to control organic minimal. The economic analyses for of an LDAR program for affected HAP emissions by using an external each of the four source categories can be equipment. This requirement applies to floating roof equipped with specified obtained from the dockets established equipment leaks from compressors, primary and secondary seals; by using a for these source categories (see agitators, pressure relief devices, fixed roof with an internal floating roof ADDRESSES). sampling connection systems, open- equipped with specified seals; or by ended valves or lines, valves, venting emissions through a closed vent V. The Legal Basis for Generic MACT connectors, or instrumentation systems. system to a control device. Some vessels Approach We chose to regulate AMF production must use a closed vent system and A. The Generic MACT Approach recovery or control device, based on facilities based on the control of The basic objectives of generic MACT vessel size and the vapor pressure of the pollutant streams containing AN. This are to conserve our limited resources, stored material. pollutant is the principal HAP avoid unnecessary duplication of effort, associated with and emitted from AMF 2. Process Vents and encourage consistency in our production facilities. Other organic HAP regulatory determinations. The generic constituents, where present, would only Process vents from continuous unit operations and combined vent streams MACT concept is based on applying the be associated with those pollutant knowledge that we have already gained streams containing AN. We expect that (combinations of streams from continuous and/or batch unit in the development of MACT standards where sources control AN emissions, under section 112 of the Act to source comparable levels of control will be operations) that have a TRE index value less than or equal to 2.7 are required to categories with a small number of achieved for other organic HAP emitted facilities. As the source category from AMF production facilities. control organic HAP emissions by venting emissions through a closed vent becomes smaller, the likelihood that the D. Hydrogen Fluoride Production system to a control device that reduces best control strategies will have already Standards total organic HAP by 98 percent by been implemented for the sources in weight, or reduces the concentration of that category also becomes smaller. The HF production standards regulate total organic HAP or TOC to 20 ppmv, Thus, as the source category becomes HAP emissions from storage vessels; whichever is less stringent. smaller, it is more important for us process vents on HF recovery and when determining MACT for existing refining vessels; bulk loading of HF 3. Equipment Leaks sources to consider control strategies liquid into tank trucks and railcars; and For equipment containing or that have been evaluated for similar equipment leaks from compressors, contacting organic HAP in amounts ≥ 5 types of sources in other source agitators, pressure relief devices, percent, organic HAP emissions are categories. sampling connection systems, open- required to be controlled through the Just as we need to look beyond the ended valves or lines, valves, implementation of an LDAR program for source category itself in determining connectors, or instrumentation systems. affected equipment. MACT for smaller source categories, the Requirements are the same for both statutory MACT floor becomes existing and new sources. IV. What Are the Impacts Associated increasingly less important as a With the Final Rule? 1. Storage Vessels and Transfer Racks regulatory safeguard as the number of The impacts resulting from the facilities used to determine it declines. Storage vessels and transfer loading promulgated standards for the source This is not only because the existing racks are required to control HF categories (i.e., AR production, AMF emission controls in a small source emissions by venting to a recovery production, HF production, and PC category are likely to be less system or wet scrubber designed and production) are determined relative to representative of the range of practical operated to achieve a 99 percent by the baseline that is set at the level of technologies and strategies. It also is weight removal efficiency. control in absence of the rule. The because, in the larger source categories,

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34859 the MACT floor is derived from a subset determining MACT for those emission rulemaking. If we have incorrectly of all sources in the category which points, this premise is incorrect. In evaluated the issue of MACT floor have achieved greater control. some instances, we have determined compliance, affected sources in the While we have concluded that the that a particular MACT requirement is category and other interested persons statutory scheme is in fact somewhat sufficient to assure compliance with the will have an opportunity to point this ambiguous with respect to deriving a MACT floor based on a qualitative out during the comment period. If we MACT floor for source categories with analysis of the emission points in conclude, based on such comments, that five or fewer sources, in developing the question. a small source category or one or more generic MACT concept, we have We are not suggesting that the facilities within a small source category nevertheless assumed that compliance question of compliance with the is not an appropriate candidate for with the MACT floor is required in all statutory MACT floor can be generic MACT, we will not use our instances. However, we also have disregarded. If the commenters have generic data base to determine MACT concluded that there are circumstances concluded that we intend to ignore this for that category or facility. where we may reasonably determine issue in developing generic MACT There were no commenters who compliance with the MACT floor standards, they have misunderstood our argued directly that a standard without a separate numerical analysis. proposal. However, to the extent that developed using the generic MACT One circumstance where we believe a the commenters instead are arguing that approach might be insufficiently non-quantitative evaluation may be we have no discretion to establish stringent to satisfy the MACT floor, appropriate occurs when the alternate methodologies for determining although certain industry commenters information we have collected compliance with the MACT floor, we did state that omission of a separate concerning sources in a small category disagree. numerical MACT floor analysis is (i.e. a category with five or fewer Even if we assume that the MACT impermissible. In evaluating this sources) supports a basic premise that floor provision applies to small argument, we believe that the key point they are similar to a larger group of categories, the statute requires only that is that the standard that affected previously regulated sources, and where we conclude that the MACT floor has industry sources must ultimately meet we adopt a MACT standard which is been met by the promulgated standard. is MACT itself, not the MACT floor. based on the prior MACT We do not agree that the statute requires If we were to erroneously adopt a determinations for the larger group of us to use exactly the same methodology Generic MACT standard less stringent sources. In this circumstance, the small in every instance. A recent decision by than the MACT floor, this would have number of sources in the category, our the D.C. Court of Appeals expressly held no adverse effect on the sources in prior experience with MACT that we ‘‘have wide latitude in question. Moreover, if we correctly determinations for similar sources in determining the extent of data- determine MACT for a small source other categories, and the efficacious use gathering’’ required to determine category and the resultant standard of public and private resources make a compliance with the MACT floor, and happens to be more stringent than the non-quantitative evaluation of MACT that we may base our conclusions on a MACT floor for that category, the floor compliance appropriate. ‘‘reasonable inference.’’ Sierra Club v. manner in which we determined In each of the prior standards from EPA, No. 97–1686 (D.C. Cir. March 2, compliance with the MACT floor would which a generic MACT standard is 1999), slip op. at 7–9. not be relevant when assessing any derived, we selected a level of control No source category will be selected effect on the sources in question. equal to or greater than the MACT floor for inclusion in the Generic MACT The commenters may believe that for the category in question, and each of program until we have collected the doing a quantitative MACT floor those MACT floors was itself derived information pertaining to sources in that analysis will assist us in discovering from a subset of the category in question category necessary to evaluate such meaningful differences between the consisting of the best-controlled sources according to the specific criteria sources in a small category and the facilities. So long as our evaluation of for similarity set forth below. In larger groups of facilities used in the sources in a small category practice, these criteria cannot be applied deriving the generic MACT standard to according to our criteria for similarity unless we have collected information be applied to that category. These (as summarized below) indicates that which would also be sufficient to permit commenters may be concerned that our they are like the sources we previously a general qualitative assessment of those utilizing a generic approach in regulated, and we do a separate MACT existing controls which would represent developing certain MACT standards analysis rather than adopting a generic the MACT floor for that category. If the will cause us to disregard such standard whenever we find that the information we have collected for a differences. This type of concern about sources in the small category have category which is a candidate for the quality of our analysis on the issue achieved greater control or are Generic MACT suggests that a MACT of similarity is reasonable. We agree that otherwise unlike the previously standard derived from our prior MACT the issue of similarity must be carefully regulated sources in a meaningful way, determinations for sources in other evaluated before we elect to utilize a we believe that a generic standard will categories would be less stringent than generic MACT approach for sources in meet all the statutory requirements. a MACT floor derived from such a small category. Several commenters stated that the existing controls, we will not utilize One industry commenter states that proposed generic MACT approach does Generic MACT in that instance. We the generic MACT approach does not not comply with the statutory scheme believe our process for seeking early meet statutory requirements because we because a two-step analysis beginning stakeholder involvement in must perform a ‘‘cost-benefit with a numerical MACT floor development of a proposed standard evaluation’’ for each decision to impose determination is mandatory. To the will assure that we have sufficient control requirements beyond the MACT extent that these comments are based on information concerning existing floor. This commenter contends that an assumption that our practice has emission controls at affected facilities to this cost-benefit evaluation must be always been to prepare a quantitative apply these criteria. based on the incremental costs and MACT floor analysis for a particular Generic MACT standards will always benefits of additional controls as group of emission points before be adopted by notice and comment compared to the MACT floor. This

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34860 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations commenter also asserts that this cost- standard for that source or group of (4) Differences in the technical benefit analysis would consider sources. practicality and cost-effectiveness of potential differences in ‘‘public Indeed, there is an example of this emission controls, exposure’’ and ‘‘health benefits’’ approach among the standards we are (5) Whether the source category or between the sources in a small category promulgating today. We originally subcategory being considered for and the sources from which a generic proposed to apply the same generic generic control requirements presents MACT standard was derived. These standard to all AMF production unusual hazards that may have caused comments do not correctly interpret facilities. During the comment period, prior adoption of control requirements statutory requirements. one of these facilities persuaded us that more stringent than those which would We are required to consider the cost there are significant differences between be derived from prior MACT of achieving emission reductions, and AMF spinning operations and the determinations, and any non-air quality health and sources from which we derived the (6) Whether sources in the source environmental impacts and energy proposed standard for spinning category or subcategory being requirements, in deciding what level of operations, which make emission considered for generic control control constitutes MACT. This basic controls based on enclosure of AMF requirements have already achieved statutory requirement is applicable to all spinning impractical. The degree of emission limitations more stringent than MACT standards, including any control which is attainable without those which would be derived from proposed generic MACT standard. enclosure also differs depending on prior MACT determinations. In addition Those emission controls which have whether an existing facility uses a to these criteria, we may also decide to already been demonstrated at facilities suspension polymerization or solution consider other factors in making future in the source category in question are polymerization process. The final similarity determinations. One commenter also raised a specific obviously relevant to our determination standard includes separate requirements concern about the issue of similarity of MACT. But the commenter is for each of these two types of spinning which suggests that the commenter did incorrect in implying that there is a operations, but is otherwise based on not fully understand our position. In the direct connection between calculation generic MACT procedures. preamble we discussed factors which of the MACT floor and the B. Criteria for Determining Suitability of might undercut ‘‘the basic premise that determination of MACT itself. Generic MACT [a small source category] is similar to The assertion by this commenter that the larger group of previously regulated Three commenters noted that the public exposure or the direct health sources.’’ The commenter interpreted criteria which we will use in deciding benefits of reductions in HAP emissions this statement as indicating that we whether a small source category is a are a factor in establishing MACT is also might start with a basic premise of suitable candidate for use of generic incorrect. Congress created the present similarity for source categories under MACT were discussed in the preamble statutory approach requiring MACT consideration for generic MACT which of the proposal but were not included in standards to replace a prior process must then be refuted. This is an the proposed regulatory text. These where NESHAPs were based on health incorrect interpretation. We were commenters recommended that we risks rather than on the practicality of referring to the basic premise of incorporate such criteria in the controls. Although we do not consider similarity which must be satisfied regulatory text. health risks in determining MACT, the before we conclude that use of generic relative magnitude of the incremental We agree that objective criteria for MACT is appropriate. We will apply our emission reductions which particular making the determination of similarity criteria first and will not select a source controls would achieve may be an are needed and that we should apply category for inclusion in generic MACT element in our determination whether such criteria in a consistent manner if we conclude that it is different in a particular controls would be cost each time we elect to utilize generic material way from the sources we have effective. Moreover, there are other MACT procedures. We also agree that previously regulated. Section 112 programs such as the urban we should discuss the criteria we are strategy and residual risk assessment utilizing, and the manner in which we C. Adequacy of Notice and Comment where we will be considering the have applied such criteria, whenever we One commenter argues that, since potential health risks presented by decide that a small source category is an sources in a small source category could HAPs. appropriate candidate for the generic not have anticipated that previous If a commenter persuades us that MACT approach. MACT determinations for large source there are differences between a source Although we do not believe that it is categories would serve as precedents for or group of sources and the source necessary that we incorporate such the MACT determination for their categories from which we derived a criteria in specific regulatory text, for source category, generic MACT generic MACT standard, and that these the sake of clarity we will restate our procedures deny due process to such differences are sufficiently material to criteria here. In deciding whether or not sources. We strongly disagree with this make adoption of that standard a source category or subcategory is argument. Things we learn in inappropriate (taking into account the sufficiently similar to a group of sources developing one standard are often cost of achieving emission reductions, that we have previously regulated that useful when we develop subsequent and any non-air quality health and it would be appropriate for us to derive standards. There is no reason why we environmental impacts and energy generic control requirements from prior should not use our previous experience requirements), we will establish MACT MACT determinations, we will consider in a constructive manner merely for that source or group of sources by an each of the following factors: because a regulated party did not alternative methodology. In instances (1) Differences in the volume and participate in the prior rulemaking. where it is appropriate, we may adopt concentration of HAP emissions, Each time generic MACT procedures such an alternative final standard as (2) Differences in the type of HAPs are used, we will do notice and part of an existing rulemaking. We may emitted, comment rulemaking. Each source in a also use elements of one of the standard (3) Differences in the type of emission small source category will have a full standards in formulating an alternative points subject to control, opportunity to explain why our

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34861 previous experience does not apply to the term ‘‘spin dope’’ be defined to spinning and fiber processing, this its circumstances, or to argue otherwise clarify that the concentration cutoff source reduction technique reduces the that the source category is not a suitable refers to the AN content of the mixture amount of AN that is ultimately candidate for the generic MACT of polymer and solvent that is fed to the volatilized into the room air and emitted approach. spinneret to form the fibers. The final to the atmosphere. The proposal rule contains the definition of spin dope preamble argued that it was appropriate D. Date for Determining New Sources and clarifies the use of both terms, to establish an alternative for those One commenter expressed concern spinning solution and spin dope, for owners and operators who prefer to use that sources in small categories purposes of applicability to control source reduction or pollution subjected to Generic MACT in the future requirements. prevention measures to reduce spinning would be considered new sources if line AN emissions rather than install 2. Standards for Spinning Lines constructed or reconstructed after the capture/add-on control systems for their proposal date for this current During the spinning process, spinning lines under the individual rulemaking. This result would not be unreacted monomer and organic solvent source standards. Specifically, a reasonable and is not our intention. The used to dissolve the polymer are maximum limit on the residual AN date used to determine whether a source volatilized into room air. Major process content within the spinning monomer is a new source under section 112(a)(4) fugitive emission points include the which provided a level of AN emission will be the date on which we filtering, spinning, washing, drying and control comparable to add-on controls specifically propose to apply Generic crimping steps. was proposed. This was represented by MACT standards to the source category At proposal, we concluded that if the 100 ppmw cutoff in table 2 of the in question. enclosures were constructed to capture proposed rule. Therefore, in the the spinning process emissions, the proposed rule, capture/add-on control VI. What Are the Significant Comments resulting enclosed emission streams systems were required only for those and Changes Made on the Proposed would have similar characteristics to the spinning lines using a spinning solution Standards? process vent streams covered by other or spin dope having a total organic HAP A complete summary of the public parts of this standard where we had (i.e., AN monomer) concentration equal comments on the generic MACT already determined MACT for similar or greater than 100 ppmw. The 100 standards and our responses are vents in the chemical and related ppmw criterion or action level was presented in the BID for the industries. This is the basis for the based on estimates of the amount of promulgated standards, as referenced in synthetic fiber new source performance residual AN monomer in the spin dope the ADDRESSES section of this preamble. standard (NSPS), 40 CFR Part 60 found in suspension polymerization The summary of comments and Subpart HHH, regarding volatile organic process with application of source responses in the BID serve as the basis compound (VOC) emissions. Because of reduction measures (i.e., pollution for the revisions that have been made to the AMF industry fiber spinning prevention) to remove the residual AN the standards between proposal and emission similarities, we concluded that prior to spinning. promulgation. We received many MACT for AMF fiber spinning lines Public comments on the proposal comments addressing a wide variety of with a spinning monomer AN argued that the similarity arguments issues, including the generic MACT concentration equal to or greater than regarding capture/add-on control approach and the proposed standards. 100 ppmw was the use of an enclosure systems were not valid. They also The comments have been carefully around the spinning and washing areas argued that there are differences considered, and, where determined to of the spinning line and venting the between existing solution and captured emissions of the enclosure to be appropriate by the Administrator, suspension processes which need to be an appropriate control device. The changes have been made in the considered in establishing emission overall AN emission reductions promulgated standards. limits for existing processes. We proposed were to achieve overall The following sections discuss the reassessed the control requirements for control efficiency of greater than or most significant issues raised by spinning operations based on these equal to 85 percent by weight. This commenters and our responses to them. comments. In doing so, a series of value was proposed and is based on the questions were considered, as outlined A. MACT for Acrylic and Modacrylic assumption that the enclosure achieves in the following paragraphs. Fiber Production—Changes Made Since a minimum capture efficiency of 90 i. Are there capture/control systems Proposal percent by weight, and the captured being used on spinning operations in vapor stream is routed to an organic this industry? Do we have MACT 1. Definitions recovery or destruction control device regulations requiring capture/add-on In today’s final rule for AMF that achieves a total HAP reduction of control for similar processes in other production, a definition of ‘‘spin dope’’ 95 percent by weight or greater. industries? In practice, there are no has been added to resolve applicability The proposed rule contained AMF production facilities within this issues and to clarify the intent of the flexibility for facilities in selecting source category which have enclosed standards for spinning lines under the methods to reduce HAP emissions from and captured the emissions from their rules. In the proposed rule, spinning their operations. There are two types of spinning lines and vented them to a line control requirements were based on polymerization and spinning operations control device. The success of add-on an applicability cutoff for AN utilized at AMF production plants: controls system applications to existing concentration in the ‘‘spinning solution solution and suspension processes. fiber spinning lines relies on enclosure or spin dope.’’ Commenters stated that Several of the plants using the of the existing spinning lines. The the use of the term spinning solution suspension process have used source MACT process vent rules used as the alone could cause some confusion reduction/pollution prevention basis for the similarity argument in the because the bath into which the fiber techniques to significantly reduce the proposal preamble apply to processes polymer and solvent mixture (i.e., spin amount of residual AN monomer in the which are typically already enclosed dope) is extruded is also referred to in fiber spinning solution or spin dope. By (e.g., reactors) or very easily enclosed as these terms. They also suggested that reducing the AN content prior to a normal part of the process, whether

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34862 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations the emissions are controlled or not. pollution prevention or source products of combustion. In addition, the Enclosing spinning operations requires reduction measures which formed the catalyst used for catalytic incineration consideration of a variety of factors such initial technical basis for determining devices may also be limited because the as worker access and safety the 100 ppmw action level for all solvent used in some of the affected requirements that must be factored into spinning lines may not be capable of existing operations will foul or poison retrofitting designs unique to this achieving the higher AN removal rates conventional catalyst. industry. We have not been able, at this of the higher residual monomer iv. What changes need to be made to time, to identify MACT standards concentration present in solution the final rule for existing sources to beyond those considered at proposal polymerization fiber spinning reflect these considerations? We which apply to situations sufficiently operations. We agree with the public concluded that there is no basis at this similar to the AMF spinning lines to use comments that incorporating the time to require capture and control as the basis for a similarity argument. pollution prevention techniques to an systems for existing AMF fiber spinning Some existing spinning line processes existing solution process spinning line operations. Therefore, the 85 percent are subject to the NSPS for synthetic is not viable. control requirement is being removed fiber production plants. The iii. Are there any other control for existing AMF spinning operations. In addition, the solution and commenters pointed out that these systems that could be applied to the suspension processes are being treated spinning lines are in compliance with solution process? We considered control separately in the final rule to better the NSPS through source reduction of all HAP emissions from the entire reflect spin dope AN concentrations and measures rather than the NSPS building’s exhaust system. Such an identified reduction techniques of subsequent emissions relative to the two exhaust would have very high flow/low installing enclosures and add-on control types of polymerization processes used pollutant concentration stream; such devices. As a result of our review of the in this industry. The performance streams are typically difficult to control spinning line emissions and proposed requirement based on source reduction to a high level of efficiency and also rule basis of enclosure and control, we measures (i.e., formatted in terms of the require very large, expensive control have concluded that the original spin dope AN concentration) is being devices. In addition, the public assumption of similar enclosure and retained for existing suspension comments pointed out that retrofitting control applications does not apply to polymerization processes; this will carbon adsorption to the building these existing spinning lines. ensure that facilities continue to use the ii. Can the pollution prevention exhaust may not be a technically viable techniques they have already adopted. control techniques being used by several alternative for existing AMF spinning Therefore, a separate performance of the plants with suspension spinning lines. This is because low volatility requirement or emission limit (i.e., the operations be used for the solution organic solvent is typically used in the 100 ppmw spin dope criterion for process in existing facilities? Although solution process to provide the suspension polymerization) is being the air emission and source reductions of VOC emissions to meet included in the final rule to reflect the characteristics for all other emission the NSPS. This solvent has a much differences in spinning solution or spin point types (i.e., tanks, equipment higher molecular weight and boiling dope residual AN concentrations and components, wastewater treatment point than either the AN or organic the technical feasibility of applying units) are similar throughout the source solvents typically used. Solvents are source reduction measures at existing category, the solution and suspension also present in a higher emission facilities. In the proposed rule, the spin processes associated with the spinning exhaust concentration relative to the dope concentration limit was formatted operations differ from each other in the AN; thus, exacerbating common carbon as an applicability criterion for the processing steps and the acrylonitrile bed adsorption/desorption problems. spinning line control requirements; in concentrations in the process materials This is a reasonable argument with the final rule, the format has been and associated emissions. Solution respect to the specific solvent changed to specify the limit as an polymerization spin dope for fiber formulation and concentration alternative performance standard. This production contains, by product and anticipated at the emission point is considered a format change only and process design, a significantly higher (building exhaust). The use of activated does not result in any substantive concentration of residual AN monomer carbon appears to have limited changes to the source requirements. No than does suspension polymerization. feasibility because of carbon adsorption control requirements are specified for The public comments argued that the interferences caused by the non-HAP, solution polymerization processes at application of the pollution prevention low volatility organic solvent used in existing sources. We will reexamine the techniques being used for suspension the spinning process. In addition, the applicability of various control system processes (e.g., steam stripping of excess presence of a solvent with a high boiling options for spinning operations using monomer, scavenger solvents) to point makes cost-effective measures the solution process during the residual existing solution processes is not viable such as on-site regeneration of the risk analysis phase of these standards. because of the physical nature of the activated carbon less effective or viable Any new information will be collected solution polymerization process. for consideration. We, therefore, have and the viability of systems designed Specifically, application of high not identified at this time a basis for specifically for this industry will be efficiency residual AN polymer steam requiring building exhaust control assessed. stripping (incorporated to reduce systems for solution processes. There v. Are there any changes for new downstream emissions) is technically can also be potential difficulties sources? The final requirements for feasible to incorporate into the associated with retrofitting other AMF fiber spinning lines that are part suspension process and is not feasible conventional control technologies at of a new or modified source remain as for a solution polymerization process existing fiber spinning lines. The proposed. The operating and design because the latter does not produce a particular solvents used on some constraints that limit the application of solid polymer product that can be spinning operations may require that a enclosures and controls at new spinning introduced to direct steam contact scrubber be installed in addition to a operations (e.g., selection of solvents without contamination. At solution catalytic or thermal incinerator to from a variety of possible solvents used polymerization facilities, other control pollutants generated as by- for particular fibers, reactor process

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34863 modifications to accommodate new B. Process and Maintenance Wastewater We plan to take final action regarding monomers, spin line configuration Stream Provisions the amendments to the proposed layouts, and other process and site provisions for process wastewater considerations), are not limiting factors Two commenters provided comment streams for the AR, AMF, and PC for new and modified sources; therefore, on the process wastewater stream production source categories by the new and modified source MACT provisions proposed on October 14, November 15, 1999. requirements are not being significantly 1998. One commenter provided that the revised. The 85 percent reduction proposed provisions do not specify the VII. Administrative Requirements option has been retained for new location for determining HAP A. Docket sources in order to provide flexibility concentration. The commenter stated for future development of means to that it seems appropriate to make this The docket is an organized and achieve equivalent emission reductions, determination at the entrance to each complete file of the administrative and the source reduction performance wastewater treatment system unit. The record compiled by us in the limit (i.e., the 100 ppmw spin dope commenter recommended that a development of this rule. The docket is concentration) is also included to definition for ‘‘point of determination’’ a dynamic file, since material is added provided operational and control be made and that references to ‘‘point of throughout the rulemaking flexibility. generation’’ be changed to ‘‘point of development. The docketing system is An additional control option for new determination.’’ The commenter also intended to allow members of the public and modified sources that was not stated that an owner or operator should and industries involved to readily proposed is being added to the final be allowed to use all of the test methods identify and locate documents so that rule. This option is part of the specified in subparts F,G, and H of this they can effectively participate in the individual source standards in part (collectively known as the ‘‘HON’’) rulemaking process. Along with the § 63.1103(b)(3)(i) and allows the owner when determining HAP concentrations statement of basis and purpose of the or operator to reduce AN emissions in wastewater. proposed and promulgated standards from a spinning line that is a part of a Another commenter stated that there and our responses to significant new or modified source to less than or was no information or requirements for comments, the contents of the docket equal to 0.25 kilograms per Mg of fiber treatment or destruction of wastewater will serve as the record in case of produced (i.e., 0.5 lb per ton). This streams leaving the process unit, and judicial review (except for interagency alternative standard will allow greater that the proposal only requires control review materials) (see 42 U.S.C. flexibility to facility owners and of secondary emissions from equipment 7607(d)(7)(A)). operators in selecting the type of handling the wastewater stream. B. Paperwork Reduction Act controls, including pollution prevention Based on comments received, and measures, that can be applied to their evaluation of the proposed process and The information collection spinning operations to reduce HAP maintenance wastewater stream requirements in this rule have been emissions. provisions, we agree that the proposed submitted for approval to OMB under An additional change is being made to process and maintenance wastewater the Paperwork Reduction Act, 44 U.S.C. the AMF standards to correct an stream provisions were not adequate. In 3501, et seq. An Information Collection inadvertent typographical error. In addition to the identified applicability Request (ICR) document has been Table 3 to § 63.1103 that lists the procedures and treatment requirement prepared by us (ICR No. 1871.02) and a requirements for owners and operators deficiencies, we identified a number of copy may be obtained from Sandy complying with paragraph (b)(3)(ii) of other deficiencies in the proposed Farmer, OPPE Regulatory Information the section, the facility-wide emission standards that were not intended. Division, U.S. Environmental Protection limits are presented as ‘‘. . . less than Agency (2137), 401 M Street, SW, or equal to 1.0 kilograms (kg) pf Therefore, we have deferred taking Washington, DC 20460 or by calling acrylonitrile per megagram (mg) of fiber final action regarding provisions (202) 260–2740. The information produced’’ for existing sources and applicable to process and maintenance requirements are not effective until ‘‘* * * less than or equal to 0.5 wastewater streams for the AR, AMF, OMB approves them. kilograms (kg) of acrylonitrile per and PC production source categories. megagram (mg) of fiber produced’’ for We have withdrawn the proposed The information collections required new sources. These values should read process and maintenance wastewater under this rule are needed as part of the ‘‘* * * less than or equal to 0.5 provisions from the promulgated rule. overall compliance and enforcement kilograms (kg) of acrylonitrile per In a SNPR published elsewhere in program. The information will be used megagram (mg) of fiber produced (i.e., today’s Federal Register, we reopen the by us to ensure that the regulated 1.0 pound AN per ton of fiber comment period specifically to request entities are in compliance with the rule. produced)’’ for existing sources and additional comment on proposed In addition, our authority to take ‘‘* * * less than or equal to 0.25 amendments to the promulgated administrative action would be reduced kilograms (kg) of acrylonitrile per standards for process and maintenance significantly without the collected megagram (mg) of fiber produced (i.e., wastewater for the AR, AMF, and PC information. The recordkeeping and 0.5 pound AN per ton of fiber production source categories. The reporting requirements are mandatory produced)’’ for new sources. The correct amendments to the promulgated and are being established under section values for the emissions limits are standards incorporate and cross- 114 of the Act. The generic MACT clearly stated in the preamble to the reference appropriate process and standards require owners or operators of proposed rule (63 FR 55185, October 14, maintenance wastewater provisions of affected sources to retain records for a 1998). These same values are also the HON for the AR, AMF, and PC period of 5 years. The 5-year retention included in our presumptive MACT production source categories. These period is consistent with the General document (Docket Item 11–A–5 in amendments respond to comments Provisions (subpart A) of 40 CFR part Docket No. A–97–18) that was received, eliminate identified 63, and with the 5-year record retention developed in collaboration with the deficiencies that existed in the proposed requirement in the operating permit industry and State and local agencies. standards, and reflect our intent. program under title V of the Act.

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All information submitted to us for (2) Create a serious inconsistency or amended by the Small Business which a claim of confidentiality is made otherwise interfere with an action taken Regulatory Enforcement Fairness Act of will be safeguarded according to our or planned by another agency; 1996 (SBREFA), requires the EPA to policies set forth in title 40, chapter 1, (3) Materially alter the budgetary give special consideration to the effect part 2, subpart B, Confidentiality of impact of entitlements, grants, user fees, of Federal regulations on small entities Business Information (see 40 CFR part 2; or loan programs or the rights and and to consider regulatory options that 41 FR 36902, September 1, 1976; obligations of recipients thereof; or might mitigate any such impacts. Small amended by 43 FR 3999, September 8, (4) Raise novel legal or policy issues entities include small businesses, small 1978; 43 FR 42251, September 28, 1978; arising out of legal mandates, the not-for-profit enterprises, and small and 44 FR 17674, March 23, 1979). President’s priorities, or the principles governmental jurisdictions. set forth in the Executive Order. Each of the specific MACT standards The total estimated annual average Pursuant to the terms of Executive hourly and annual average cost burden adopted in this rulemaking applies to a Order 12866, we have determined that source category with five or fewer major per respondent for the standards for the this final rule may be construed as a sources; therefore, this rule will not AR production, AMF production, HF ‘‘significant regulatory action’’ under have a significant impact on a production, and PC production source criterion (4) above. Today’s final rule substantial number of small entities, categories are 6,125 hours and $262,700. may be considered novel in certain and a regulatory flexibility analysis was These burden hour and cost estimates respects because it includes new determined to be unnecessary. for monitoring, recordkeeping, and policies and procedures pertaining to a The Generic MACT procedures we are reporting are aggregated for affected generic MACT program, which will be announcing today may also be applied sources and averaged over the first 3 utilized by us in establishing NESHAP to other small source categories in the years of the rule. under section 112 of the Act for certain future. Moreover, it is possible that the Burden means the total time, effort, or small source categories consisting of MACT standards for some larger source financial resources expended by persons five or fewer sources. As part of this categories may reference or incorporate to generate, maintain, retain, or disclose generic MACT program, we will be some element of the generic standards or provide information to or for a using an alternative methodology under we are adopting for certain types of Federal agency. This includes the time which the we will make MACT emission points. In any case, the nature needed to review instructions; develop, determinations for appropriate small of any regulatory impacts and the acquire, install, and utilize technology categories by referring to previous applicability of RFA requirements are and systems for the purposes of MACT standards that have been matters that will be separately collecting, validating, and verifying promulgated for similar sources in other addressed in any subsequent information, processing and categories. The basic purposes of this rulemaking that utilizes Generic MACT maintaining information, and disclosing generic MACT program are to use public procedures or incorporates generic and providing information; adjust the and private sector resources efficiently standards. existing ways to comply with any and to promote regulatory consistency Although it was not required by the previously applicable instructions and and predictability in MACT standard statute, we conducted a limited requirements; train personnel to be able development. assessment of possible outcomes and to respond to a collection of the economic effect of the proposed information; search data sources; D. Executive Order 12875 standards on small entities as part of the complete and review the collection of Under Executive Order 12875, we economic analysis conducted before information; and transmit or otherwise may not issue a regulation that is not proposal for each of the source disclose the information. required by statute and that creates a categories for which standards are being Any Agency may not conduct or mandate upon a State, local or tribal promulgated. These limited assessments sponsor, and a person is not required to government, unless the Federal showed no adverse economic effect for respond to, a collection of information government provides the funds any small entities within any of these unless it displays a currently valid OMB necessary to pay the direct compliance source categories. Changes that have control number. The OMB control costs incurred by those governments, or been made since proposal do not change numbers for our regulations are listed in we consult with those governments. If the results of these assessments. The 40 CFR part 9 and 48 CFR chapter 15. we comply by consulting, Executive economic analysis for each of the source Order 12875 requires us to develop an categories for which standards are being C. Executive Order 12866 effective process permitting elected promulgated can be obtained from the officials and other representatives of source category-specific dockets Under Executive Order 12866 (58 FR State, local and tribal governments ‘‘to established for each of the source 51735, October 4, 1993), we must provide meaningful and timely input in categories (see Docket in ADDRESSES determine whether the regulatory action the development of regulatory proposals section for individual docket numbers). is ‘‘significant’’ and therefore subject to containing significant unfunded review by the Office of Management and F. Unfunded Mandates Reform Act mandates.’’ Today’s rule implements Budget (OMB) and the requirements of requirements specifically set forth by Under section 202 of the Unfunded the Executive Order. The Order defines the Congress in section 112 of the Act Mandates Reform Act (UMRA) of 1995, ‘‘significant regulatory action’’ as one without the exercise of any discretion Pub. L. 104–4, we must prepare a that is likely to result in a rule that may: by us. Accordingly, the requirements of budgetary impact statement to (1) Have an annual effect on the section 1(a) of Executive Order 12875 do accompany any proposed or final rule economy of $100 million or more, or not apply to this rule. that includes a Federal mandate that adversely affect in a material way the may result in estimated costs to State, economy, a sector of the economy, E. Regulatory Flexibility Act/Small local or tribal governments, in the productivity, competition, jobs, the Business Regulatory Enforcement aggregate, or to the private sector, of environment, public health or safety, or Fairness Act of 1996 $100 million or more in any one year. State, local, or tribal governments or The Regulatory Flexibility Act (RFA) Section 203 requires us to establish a communities; of 1980 (5 U.S.C. 601, et seq.), as plan for obtaining input from and

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34865 informing, educating, and advising any regulatory activities unless to do so we must evaluate the environmental small governments that may be would be inconsistent with applicable health or safety effects of the planned significantly or uniquely affected by the law or otherwise impractical. By doing rule on children and explain why the rule. so, the Act is intended to reduce the planned regulation is preferable to other Under section 205 of UMRA, we must cost to the private and public sectors. potentially effective and reasonably identify and consider a reasonable Voluntary consensus standards are feasible alternatives considered by us. number of regulatory alternatives before technical standards (e.g., materials This final rule is not subject to promulgating a rule for which a specifications, test methods, sampling Executive Order 13045 because it is not budgetary impact statement must be procedures, etc.) that are developed or an economically significant regulatory prepared. The Agency must select from adopted by one or more voluntary action as defined by Executive Order those alternatives the least burdensome consensus standards bodies. Examples 12866. No children’s risk analysis was alternative for State, local, and tribal of organizations generally regarded as performed for this rulemaking because governments and the private sector that voluntary consensus standards bodies the agency does not have the data achieves the objectives of the rule, include the American Society for necessary to conduct such analysis, and unless the Agency explains why this Testing and Materials (ASTM), cannot obtain such data with available alternative is not selected or unless the International Organization for resources. selection of this alternative is Standardization (IOS), International J. Executive Order 13084 inconsistent with law. Electrotechnical Commission (IEC), Because this final rule does not American Petroleum Institute (API), Under Executive Order 13084, we include a Federal mandate that may National Fire Protection Association may not issue a regulation that is not result in expenditures of $100 million or (NFPA), and the Society of Automotive required by statute, that significantly or more for State, local, and tribal Engineers (SAE). The NTTAA requires uniquely affects the communities of governments, in the aggregate, or the Federal agencies like us to provide Indian tribal governments, and that private sector in any one year, we have Congress, through OMB, explanations imposes substantial direct compliance not prepared a budgetary impact when the we decide not to use available costs on those communities, unless the statement or specifically addressed the and applicable voluntary consensus Federal government provides the funds selection of the least costly, most cost- standards. necessary to pay the direct compliance effective, or least burdensome This action does not require the use cost incurred by the tribal governments, alternative. In addition, because small of any new technical standards. It does, or we consult with those governments. governments will not be significantly or however, incorporate by reference If we comply by consulting, Executive uniquely affected by this rule, we are existing technical standards, including Order 13084 requires us to provide to not required to develop a plan with government-unique technical standards. the Office of Management and Budget, regard to small governments. Therefore, The technical standards included in this in a separately identified section of the the requirements of UMRA do not apply final rule are standards that have been preamble to the rule, a description of to this final rule. proposed and promulgated under other the extent of our prior consultation with rulemakings for similar source control representatives of affected tribal G. Submittal to Congress and the applicability and compliance governments, a summary of the nature General Accounting Office determinations. In response to the of their concerns, and a statement The Congressional Review Act, 5 proposed rule, we received no supporting the need to issue the U.S.C. 801, et seq., as added by the comments pertaining to the use of regulation. In addition, Executive Order SBREFA of 1996, provides that before a additional voluntary consensus 13084 requires us to develop an rule may take effect, the agency standards in lieu of those included effective process permitting elected promulgating the rule must submit a under other rulemakings and officials and other representatives of rule report, which includes a copy of incorporated by reference in this final Indian tribal governments ‘‘to provide the rule, to each House of the Congress rule. meaningful and timely input in the and to the Comptroller General of the As part of a larger effort, we are development of regulatory policies on United States. Therefore, we will submit undertaking a project to cross-reference matters that significantly or uniquely a report containing this rule and other existing voluntary consensus standards affect their communities.’’ Today’s rule required information to the United in testing, sampling, and analysis, with implements requirements specifically States Senate, the United States House current and future EPA test methods. set forth by Congress in section 112 of of Representatives, and the Comptroller When completed, this project will assist the Act without the exercise of any General of the United States prior to us in identifying potentially applicable discretion by us. Accordingly, the publication of the rule in the Federal voluntary consensus standards that can requirements of section 3(b) of Register. A major rule cannot take effect then be evaluated for equivalency and Executive Order 13084 do not apply to until 60 days after it is published in the applicability in determining compliance this rule. Federal Register. This rule is not a with future regulations. List of Subjects for 40 CFR Part 63 ‘‘major rule’’ as defined by 5 U.S.C. I. Executive Order 13045 804(2). This rule will be effective June Environmental protection, Acetal 29, 1999. Executive Order 13045, entitled resins production, Acrylic and Protection of Children from modacrylic fiber production, H. National Technology Transfer and Environmental Health Risks and Safety Administrative practice and procedure, Advancement Act Risks (62 FR 19885, April 23, 1997), Air pollution control, Equipment leaks, Under section 12(d) of the National applies to any rule that we determine (1) Fiber spinning lines, Hazardous Technology Transfer and Advancement is economically significant as defined substances, Hydrogen fluoride Act of 1995 (the NTTAA), Pub. L. No. under Executive Order 12866, and (2) production, Intergovernmental relations, 104–113, § 12(d) (15 U.S.C. 272 note), the environmental health or safety risk Kilns, Polycarbonate production, we are directed to use voluntary addressed by the rule has a Process vents, Reporting and consensus standards instead of disproportionate effect on children. If recordkeeping requirements, Storage government-unique standards in its the regulatory action meets both criteria, vessels, Transfer.

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Dated: May 14, 1999. this subpart for such air emission of spare equipment and technically Carol M. Browner, control. These air emission standards feasible bypassing of equipment without Administrator. are placed here for administrative stopping production are not closed vent For the reasons set out in the convenience and only apply to those system shutdowns. preamble, title 40, chapter I, part 63 of owners and operators of facilities Combustion device means an the Code of Federal Regulations is subject to a referencing subpart. The individual unit of equipment, such as a amended as follows: provisions of 40 CFR part 63, subpart A flare, incinerator, process heater, or (General Provisions) do not apply to this boiler, used for the combustion of PART 63ÐNATIONAL EMISSION subpart except as specified in a organic emissions. STANDARDS FOR HAZARDOUS AIR referencing subpart. Continuous parameter monitoring POLLUTANTS FOR AFFECTED system (CPMS) means the total § 63.981 Definitions. SOURCE CATEGORIES equipment that may be required to meet Alternative test method means any the data acquisition and availability 1. The authority citation for part 63 method of sampling and analyzing for requirements of this part, used to continues to read as follows: an air pollutant that is not a reference sample, condition (if applicable), Authority: 42 U.S.C. 7401, et. seq. test or equivalent method, and that has analyze, and provide a record of process been demonstrated to the 2. Part 63 is amended by adding or control system parameters. Administrator’s satisfaction, using Continuous record means subpart SS, consisting of §§ 63.980 Method 301 in appendix A of this part through 63.999, to read as follows. documentation, either in hard copy or 63, or previously approved by the computer readable form, of data values Subpart SSÐNational Emission Standards Administrator prior to the promulgation measured at least once every 15 minutes for Closed Vent Systems, Control Devices, date of standards for an affected source and recorded at the frequency specified Recovery Devices and Routing to a Fuel or affected facility under a referencing in § 63.998(b). Gas System or a Process subpart, to produce results adequate for Control device means, with the Sec. the Administrator’s determination that exceptions noted below, a combustion 63.980 Applicability. it may be used in place of a test method device, recovery device, recapture 63.981 Definitions. specified in this subpart. device, or any combination of these 63.982 Requirements. Boiler means any enclosed 63.983 Closed vent systems. devices used to comply with this 63.984 Fuel gas systems and processes to combustion device that extracts useful subpart or a referencing subpart. For which storage vessel, transfer rack, or energy in the form of steam and is not process vents from continuous unit equipment leak regulated materials an incinerator or a process heater. operations at affected sources in emissions are routed. By compound means by individual subcategories where the applicability 63.985 Nonflare control devices used to stream components, not carbon criteria includes a TRE index value, control emissions from storage vessels equivalents. recovery devices are not considered to and low throughput transfer racks. Closed vent system means a system be control devices. Primary condensers 63.986 Nonflare control devices used for that is not open to the atmosphere and equipment leaks only. on steam strippers or fuel gas systems is composed of piping, ductwork, are not considered to be control devices. 63.987 Flare requirements. connections, and, if necessary, flow 63.988 Incinerators, boilers, and process Control System means the heaters. inducing devices that transport gas or combination of the closed vent system 63.989 [Reserved]. vapor from an emission point to a and the control devices used to collect 63.990 Absorbers, condensers, and carbon control device. Closed vent system does and control vapors or gases from a adsorbers used as control devices. not include the vapor collection system regulated emission source. 63.991 [Reserved]. that is part of any tank truck or railcar. Day means a calendar day. 63.992 [Reserved]. Closed vent system shutdown means a Ductwork means a conveyance system 63.993 Absorbers, condensers, carbon work practice or operational procedure adsorbers and other recovery devices such as those commonly used for that stops production from a process heating and ventilation systems. It is used as final recovery devices. unit or part of a process unit during 63.994 Halogen scrubbers and other often made of sheet metal and often has halogen reduction devices. which it is technically feasible to clear sections connected by screws or 63.995 Other control devices. process material from a closed vent crimping. Hard-piping is not ductwork. 63.996 General monitoring requirements for system or part of a closed vent system Final recovery device means the last control and recovery devices. consistent with safety constraints and recovery device on a process vent 63.997 Performance test and flare during which repairs can be effected. stream from a continuous unit operation compliance assessment requirements for An unscheduled work practice or at an affected source in a subcategory control devices. operational procedure that stops where the applicability criteria includes 63.998 Recordkeeping requirements. production from a process unit or part 63.999 Notifications and other reports. a TRE index value. The final recovery of a process unit for less than 24 hours device usually discharges to a Subpart SSÐNational Emission is not a closed vent system shutdown. combustion device, recapture device, or Standards for Closed Vent Systems, An unscheduled work practice or directly to the atmosphere. Control Devices, Recovery Devices operational procedure that would stop First attempt at repair, for the and Routing to a Fuel Gas System or production from a process unit or part purposes of this subpart, means to take a Process of a process unit for a shorter period of action for the purpose of stopping or time than would be required to clear the reducing leakage of organic material to § 63.980 Applicability. closed vent system or part of the closed the atmosphere, followed by monitoring The provisions of this subpart include vent system of materials and start up the as specified in § 63.983(c) to verify requirements for closed vent systems, unit, and would result in greater whether the leak is repaired, unless the control devices and routing of air emissions than delay of repair of leaking owner or operator determines by other emissions to a fuel gas system or components until the next scheduled means that the leak is not repaired. process. These provisions apply when closed vent system shutdown, is not a Flame zone means the portion of the another subpart references the use of closed vent system shutdown. The use combustion chamber in a boiler or

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34867 process heater occupied by the flame stationary source of which a regulated decanters, strippers, or thin-film envelope. source is a part. evaporation units. For purposes of the Flow indicator means a device which Performance level means the level at monitoring, recordkeeping, and indicates whether gas flow is, or which the regulated material in the reporting requirements of this subpart, whether the valve position would allow gases or vapors vented to a control or recapture devices are considered gas flow to be, present in a line. recovery device is removed, recovered, recovery devices. Fuel gas means gases that are or destroyed. Examples of control Referencing subpart means the combusted to derive useful work or device performance levels include: subpart which refers an owner or heat. achieving a minimum organic reduction operator to this subpart. Fuel gas system means the offsite and efficiency expressed as a percentage of Regulated material, for purposes of onsite piping and flow and pressure regulated material removed or destroyed this subpart, refers to vapors from control system that gathers gaseous in the control device inlet stream on a volatile organic liquids (VOL), volatile streams generated by onsite operations, weight-basis; achieving an organic organic compounds (VOC), or hazardous may blend them with other sources of concentration in the control device air pollutants (HAP), or other chemicals gas, and transports the gaseous streams exhaust stream that is less than a or groups of chemicals that are regulated for use as fuel gas in combustion maximum allowable limit expressed in by a referencing subpart. devices or in-process combustion parts per million by volume on a dry Regulated source for the purposes of equipment such as furnaces and gas basis corrected to 3 percent oxygen if a this subpart, means the stationary turbines, either singly or in combustion device is the control device source, the group of stationary sources, combination. and supplemental combustion air is or the portion of a stationary source that Hard-piping means pipe or tubing that used to combust the emissions; or is regulated by a relevant standard or is manufactured and properly installed maintaining appropriate control device other requirement established pursuant using good engineering judgment and operating parameters indicative of the to a referencing subpart. standards, such as ANSI B31.3. device performance at specified values. Repaired, for the purposes of this Performance test means the collection High throughput transfer rack means subpart, means that equipment; is of data resulting from the execution of those transfer racks that transfer a total adjusted, or otherwise altered, to a test method (usually three emission of 11.8 million liters per year or greater eliminate a leak as defined in the test runs) used to demonstrate of liquid containing regulated material. applicable sections of this subpart; and compliance with a relevant emission Incinerator means an enclosed unless otherwise specified in applicable limit as specified in the performance provisions of this subpart, is inspected combustion device that is used for test section of this subpart or in the destroying organic compounds. as specified in § 63.983(c) to verify that referencing subpart. emissions from the equipment are below Auxiliary fuel may be used to heat Primary fuel means the fuel that waste gas to combustion temperatures. the applicable leak definition. provides the principal heat input to a Routed to a process or route to a Any energy recovery section present is device. To be considered primary, the process means the gas streams are not physically formed into one fuel must be able to sustain operation conveyed to any enclosed portion of a manufactured or assembled unit with without the addition of other fuels. process unit where the emissions are the combustion section; rather, the Process heater means an enclosed recycled and/or consumed in the same energy recovery section is a separate combustion device that transfers heat manner as a material that fulfills the section following the combustion liberated by burning fuel directly to same function in the process; and/or section and the two are joined by ducts process streams or to heat transfer transformed by chemical reaction into or connections carrying flue gas. The liquids other than water. A process materials that are not regulated above energy recovery section limitation heater may, as a secondary function, materials; and/or incorporated into a does not apply to an energy recovery heat water in unfired heat recovery product; and/or recovered. section used solely to preheat the sections. Run means one of a series of emission incoming vent stream or combustion air. Recapture device means an individual or other measurements needed to Low throughput transfer rack means unit of equipment capable of and used determine emissions for a representative those transfer racks that transfer less for the purpose of recovering chemicals, operating period or cycle as specified in than a total of 11.8 million liters per but not normally for use, reuse, or sale. this subpart. Unless otherwise specified, year of liquid containing regulated For example, a recapture device may a run may be either intermittent or material. recover chemicals primarily for continuous within the limits of good Operating parameter value means a disposal. Recapture devices include, but engineering practice. minimum or maximum value are not limited to, absorbers, carbon Secondary fuel means a fuel fired established for a control device adsorbers, and condensers. For purposes through a burner other than the primary parameter which, if achieved by itself or of the monitoring, recordkeeping and fuel burner that provides supplementary in combination with one or more other reporting requirements of this subpart, heat in addition to the heat provided by operating parameter values, determines recapture devices are considered the primary fuel. that an owner or operator has complied recovery devices. Sensor means a device that measures with an applicable emission limit or Recovery device means an individual a physical quantity or the change in a operating limit. unit of equipment capable of and physical quantity, such as temperature, Organic monitoring device means a normally used for the purpose of pressure, flow rate, pH, or liquid level. unit of equipment used to indicate the recovering chemicals for fuel value (i.e., Specific gravity monitoring device concentration level of organic net positive heating value), use, reuse, means a unit of equipment used to compounds based on a detection or for sale for fuel value, use, or reuse. monitor specific gravity and having a principle such as infra-red, photo Examples of equipment that may be minimum accuracy of ±0.02 specific ionization, or thermal conductivity. recovery devices include absorbers, gravity units. Owner or operator means any person carbon adsorbers, condensers, oil-water Temperature monitoring device who owns, leases, operates, controls, or separators or organic-water separators, means a unit of equipment used to supervises a regulated source or a or organic removal devices such as monitor temperature and having a

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34868 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations minimum accuracy of ±1 percent of the operator shall meet the requirements in requirements of §§ 63.998 and 63.999. temperature being monitored expressed § 63.985 for nonflare control devices No other provisions of this subpart in degrees Celsius or ±1.2 degrees and the monitoring, recordkeeping, and apply to process vent emissions routed Celsius (°C), whichever is greater. reporting requirements referenced to a final recovery device. therein. No other provisions of this (f) Combined emissions. When § 63.982 Requirements. subpart apply to low throughput emissions from different emission types (a) General compliance requirements transfer rack emissions or storage vessel (e.g., emissions from process vents, for storage vessels, process vents, emissions vented through a closed vent transfer racks, and/or storage vessels) transfer racks, and equipment leaks. An system to a nonflare control device are combined, an owner or operator owner or operator who is referred to this unless specifically required in the shall comply with the requirements of subpart for controlling regulated monitoring plan submitted under either paragraph (f)(1) or (2) of this material emissions from storage vessels, § 63.985(c). section. process vents, low and high throughput (2) For process vents and high (1) Comply with the applicable transfer racks, or equipment leaks by throughput transfer racks, the owner or requirements of this subpart for each venting emissions through a closed vent operator shall meet the requirements kind of emissions in the stream (e.g., the system to a flare, nonflare control device applicable to the control devices being requirements of § 63.982(a)(2) for or routing to a fuel gas system or process used in § 63.988, § 63.990 or § 63.995; process vents, and the requirements of shall comply with the applicable the applicable general monitoring § 63.982(a)(3) for transfer racks); or requirements of paragraphs (a)(1) requirements of § 63.996 and the (2) Comply with the first set of through (4) of this section. applicable performance test requirements identified in paragraphs (1) Storage vessels. The owner or requirements and procedures of (f)(2)(i) through (iii) of this section operator shall comply with the § 63.997; and the monitoring, which applies to any individual applicable provisions of paragraphs (b), recordkeeping and reporting emission stream that is included in the (c)(1), and (d) of this section. requirements referenced therein. combined stream. Compliance with (2) Process vents. The owner or Owners or operators subject to halogen paragraphs (f)(2)(i) through (iii) of this operator shall comply with the reduction device requirements under a section constitutes compliance with all applicable provisions of paragraphs (b), referencing subpart must also comply other emissions requirements for other (c)(2), and (e) of this section. with § 63.994 and the monitoring, emission streams. (3) Transfer racks. (i) For low recordkeeping, and reporting (i) The requirements of § 63.982(a)(2) throughput transfer racks, the owner or requirements referenced therein. The for process vents, including applicable operator shall comply with the requirements of § 63.984 through monitoring, recordkeeping, and applicable provisions of paragraphs (b), § 63.986 do not apply to process vents reporting; (c)(1), and (d) of this section. or high throughput transfer racks. (ii) The requirements of (ii) For high throughput transfer racks, (3) For equipment leaks, owners or § 63.982(a)(3)(ii) for high throughput the owner or operator shall comply with operators shall meet the requirements in transfer racks, including applicable the applicable provisions of paragraphs § 63.986 for nonflare control devices monitoring, recordkeeping, and (b), (c)(2), and (d) of this section. used for equipment leak emissions and reporting; (4) Equipment leaks. The owner or the monitoring, recordkeeping, and (iii) The requirements of § 63.982(a)(1) operator shall comply with the reporting requirements referenced or (a)(3)(i) for control of emissions from applicable provisions of paragraphs (b), therein. No other provisions of this storage vessels or low throughput (c)(3), and (d) of this section. subpart apply to equipment leak transfer racks, including applicable (b) Closed vent system and flare. emissions vented through a closed vent monitoring, recordkeeping, and Owners or operators that vent emissions system to a nonflare control device. reporting. through a closed vent system to a flare (d) Route to a fuel gas system or shall meet the requirements in § 63.983 process. Owners or operators that route § 63.983 Closed vent systems. for closed vent systems; § 63.987 for emissions to a fuel gas system or to a (a) Closed vent system equipment and flares; § 63.997 (a), (b) and (c) for process shall meet the requirements in operating requirements. Except for provisions regarding flare compliance § 63.984, the monitoring, recordkeeping, closed vent systems operated and assessments; the monitoring, and reporting requirements referenced maintained under negative pressure, the recordkeeping, and reporting therein, and the applicable provisions of this paragraph apply to requirements referenced therein; and recordkeeping and reporting closed vent systems collecting regulated the applicable recordkeeping and requirements of §§ 63.998 and 63.999. material from a regulated source. reporting requirements of §§ 63.998 and No other provisions of this subpart (1) Collection of emissions. Each 63.999. No other provisions of this apply to emissions being routed to a fuel closed vent system shall be designed subpart apply to emissions vented gas system or process. and operated to collect the regulated through a closed vent system to a flare. (e) Final recovery devices. Owners or material vapors from the emission point, (c) Closed vent system and nonflare operators who use a final recovery and to route the collected vapors to a control device. Owners or operators who device to maintain a TRE above a level control device. control emissions through a closed vent specified in a referencing subpart shall (2) Period of operation. Closed vent system to a nonflare control device shall meet the requirements in § 63.993 and systems used to comply with the meet the requirements in § 63.983 for the monitoring, recordkeeping, and provisions of this subpart shall be closed vent systems, the applicable reporting requirements referenced operated at all times when emissions are recordkeeping and reporting therein that are applicable to the vented to, or collected by, them. requirements of §§ 63.998 and 63.999, recovery device being used; the (3) Bypass monitoring. Except for and the applicable requirements listed applicable monitoring requirements in equipment needed for safety purposes in paragraphs (c)(1) through (3) of this § 63.996 and the recordkeeping and such as pressure relief devices, low leg section. reporting requirements referenced drains, high point bleeds, analyzer (1) For storage vessels and low therein; and the applicable vents, and open-ended valves or lines, throughput transfer racks, the owner or recordkeeping and reporting the owner or operator shall comply with

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(2) Any parts of the closed vent plant site that will meet the (i) Properly install, maintain, and system that are designated, as described performance criteria of Method 21 operate a flow indicator that takes a in § 63.998(d)(1)(i), as unsafe to inspect specified in paragraph (c)(1)(ii) of this reading at least once every 15 minutes. are exempt from the inspection section, the instrument readings may be Records shall be generated as specified requirements of paragraph (b)(1) of this adjusted by multiplying by the in § 63.998(d)(1)(ii)(A). The flow section if the conditions of paragraphs representative response factor of the indicator shall be installed at the (b)(2)(i) and (ii) of this section are met. process fluid, calculated on an inert-free entrance to any bypass line. (i) The owner or operator determines basis as described in paragraph (c)(1)(ii) (ii) Secure the bypass line valve in the that the equipment is unsafe-to-inspect of this section. non-diverting position with a car-seal or because inspecting personnel would be (iv) The detection instrument shall be a lock-and-key type configuration. A exposed to an imminent or potential calibrated before use on each day of its visual inspection of the seal or closure danger as a consequence of complying use by the procedures specified in mechanism shall be performed at least with paragraph (b)(1) of this section; Method 21 of 40 CFR part 60, once every month to ensure the valve is and appendix A. maintained in the non-diverting (ii) The owner or operator has a (v) Calibration gases shall be as position and the vent stream is not written plan that requires inspection of specified in paragraphs (c)(1)(v)(A) diverted through the bypass line. the equipment as frequently as practical through (C) of this section. Records shall be generated as specified during safe-to-inspect times. Inspection (A) Zero air (less than 10 parts per in § 63.998(d)(1)(ii)(B). is not required more than once million hydrocarbon in air); and (4) Loading arms at transfer racks. annually. (B) Mixtures of methane in air at a Each closed vent system collecting (3) Any parts of the closed vent concentration less than 10,000 parts per regulated material from a transfer rack system that are designated, as described million. A calibration gas other than shall be designed and operated so that in § 63.998(d)(1)(i), as difficult-to- methane in air may be used if the regulated material vapors collected at inspect are exempt from the inspection instrument does not respond to methane one loading arm will not pass through requirements of paragraph (b)(1) of this or if the instrument does not meet the another loading arm in the rack to the section if the provisions of paragraphs performance criteria specified in atmosphere. (b)(3)(i) and (ii) of this section apply. paragraph (c)(1)(ii) of this section. In (5) Pressure relief devices in a transfer (i) The owner or operator determines such cases, the calibration gas may be a rack’s closed vent system. The owner or that the equipment cannot be inspected mixture of one or more of the operator of a transfer rack subject to the without elevating the inspecting compounds to be measured in air. provisions of this subpart shall ensure personnel more than 2 meters (7 feet) (C) If the detection instrument’s that no pressure relief device in the above a support surface; and design allows for multiple calibration transfer rack’s closed vent system shall (ii) The owner or operator has a scales, then the lower scale shall be open to the atmosphere during loading. written plan that requires inspection of calibrated with a calibration gas that is Pressure relief devices needed for safety the equipment at least once every 5 no higher than 2,500 parts per million. purposes are not subject to this years. (vi) An owner or operator may elect paragraph. (c) Closed vent system inspection to adjust or not adjust instrument (b) Closed vent system inspection procedures. The provisions of this readings for background. If an owner or requirements. The provisions of this paragraph apply to closed vent systems operator elects not to adjust readings for subpart apply to closed vent systems collecting regulated material from a background, all such instrument collecting regulated material from a regulated source. readings shall be compared directly to regulated source. Inspection records (1) Each closed vent system subject to 500 parts per million to determine shall be generated as specified in this paragraph shall be inspected whether there is a leak. If an owner or § 63.998(d)(1)(iii) and (iv) of this according to the procedures specified in operator elects to adjust instrument section. paragraphs (c)(1)(i) through (vii) of this readings for background, the owner or (1) Except for any closed vent systems section. operator shall measure background that are designated as unsafe or difficult (i) Inspections shall be conducted in concentration using the procedures in to inspect as provided in paragraphs accordance with Method 21 of 40 CFR this section. The owner or operator shall (b)(2) and (3) of this section, each closed part 60, appendix A, except as specified subtract the background reading from vent system shall be inspected as in this section. the maximum concentration indicated specified in paragraph (b)(1)(i) or (ii) of (ii) Except as provided in (c)(1)(iii) of by the instrument. this section. this section, the detection instrument (vii) If the owner or operator elects to (i) If the closed vent system is shall meet the performance criteria of adjust for background, the arithmetic constructed of hard-piping, the owner or Method 21 of 40 CFR part 60, appendix difference between the maximum operator shall comply with the A, except the instrument response factor concentration indicated by the requirements specified in paragraphs criteria in section 3.1.2(a) of Method 21 instrument and the background level (b)(1)(i)(A) and (B) of this section. must be for the representative shall be compared with 500 parts per (A) Conduct an initial inspection composition of the process fluid and not million for determining whether there is according to the procedures in of each individual VOC in the stream. a leak. paragraph (c) of this section; and For process streams that contain (2) The instrument probe shall be (B) Conduct annual visual inspections nitrogen, air, water, or other inerts that traversed around all potential leak for visible, audible, or olfactory are not organic HAP or VOC, the interfaces as described in Method 21 of indications of leaks. representative stream response factor 40 CFR part 60, appendix A. (ii) If the closed vent system is must be determined on an inert-free (3) Except as provided in paragraph constructed of ductwork, the owner or basis. The response factor may be (c)(4) of this section, inspections shall

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When using a control from a transfer rack shall be performed material emissions are routed to it. device other than a flare, the owner or only while a tank truck or railcar is (2) The owner or operator of a transfer operator shall comply with the being loaded or is otherwise pressurized rack subject to the provisions of this requirements in paragraphs (b)(1)(i) or to normal operating conditions with subpart shall ensure that no pressure (ii) of this section, except as provided in regulated material or any other relief device in the transfer rack’s paragraphs (b)(2) and (3) of this section. detectable gas or vapor. system returning vapors to a fuel gas (1) Design evaluation or performance (d) Closed vent system leak repair system or process shall open to the test results. The owner or operator shall provisions. The provisions of this atmosphere during loading. Pressure prepare and submit with the paragraph apply to closed vent systems relief devices needed for safety purposes Notification of Compliance Status, as collecting regulated material from a are not subject to this paragraph. specified in § 63.999(b)(2), either a regulated source. (b) Fuel gas system and process design evaluation that includes the (1) If there are visible, audible, or compliance assessment. (1) If emissions information specified in paragraph olfactory indications of leaks at the time are routed to a fuel gas system, there is (b)(1)(i) of this section, or the results of of the annual visual inspections no requirement to conduct a the performance test as described in required by paragraph (b)(1)(i)(B) of this performance test or design evaluation. paragraph (b)(1)(ii) of this section. section, the owner or operator shall (2) If emissions are routed to a (i) Design evaluation. The design follow the procedure specified in either process, the regulated material in the evaluation shall include documentation paragraph (d)(1)(i) or (ii) of this section. emissions shall meet one or more of the demonstrating that the control device (i) The owner or operator shall conditions specified in paragraphs being used achieves the required control eliminate the leak. (b)(2)(i) through (iv) of this section. The efficiency during the reasonably (ii) The owner or operator shall owner or operator of storage vessels expected maximum storage vessel filling monitor the equipment according to the subject to this paragraph shall comply or transfer loading rate. This procedures in paragraph (c) of this with the compliance demonstration documentation is to include a section. requirements in paragraph (b)(3) of this description of the gas stream that enters (2) Leaks, as indicated by an the control device, including flow and instrument reading greater than 500 section. (i) Recycled and/or consumed in the regulated material content, and the parts per million by volume above information specified in paragraphs background or by visual inspections, same manner as a material that fulfills the same function in that process; (b)(1)(i)(A) through (E) of this section, as shall be repaired as soon as practical, applicable. For storage vessels, the except as provided in paragraph (d)(3) (ii) Transformed by chemical reaction into materials that are not regulated description of the gas stream that enters of this section. Records shall be the control device shall be provided for generated as specified in materials; (iii) Incorporated into a product; and/ varying liquid level conditions. This § 63.998(d)(1)(iii) when a leak is documentation shall be submitted with detected. or (iv) Recovered. the Notification of Compliance Status as (i) A first attempt at repair shall be specified in § 63.999(b)(2). made no later than 5 days after the leak (3) To demonstrate compliance with paragraph (b)(2) of this section for a (A) The efficiency determination is to is detected. include consideration of all vapors, (ii) Except as provided in paragraph storage vessel, the owner or operator shall prepare a design evaluation (or gases, and liquids, other than fuels, (d)(3) of this section, repairs shall be received by the control device. completed no later than 15 days after engineering assessment) that demonstrates the extent to which one or (B) If an enclosed combustion device the leak is detected or at the beginning with a minimum residence time of 0.5 of the next introduction of vapors to the more of the conditions specified in paragraphs (b)(2)(i) through (iv) of this seconds and a minimum temperature of system, whichever is later. 760 °C is used to meet an emission (3) Delay of repair of a closed vent section are being met. reduction requirement specified in a system for which leaks have been (c) Statement of connection. For referencing subpart for storage vessels detected is allowed if repair within 15 storage vessels and transfer racks, the and transfer racks, documentation that days after a leak is detected is owner or operator shall submit the those conditions exist is sufficient to technically infeasible or unsafe without statement of connection reports for fuel meet the requirements of paragraph a closed vent system shutdown, as gas systems specified in § 63.999(b)(1)(ii), as appropriate. (b)(1)(i) of this section. defined in § 63.981, or if the owner or (C) Except as provided in paragraph operator determines that emissions § 63.985 Nonflare control devices used to (b)(1)(i)(B) of this section for enclosed resulting from immediate repair would control emissions from storage vessels and combustion devices, the design be greater than the emissions likely to low throughput transfer racks. evaluation shall include the estimated result from delay of repair. Repair of (a) Nonflare control device equipment autoignition temperature of the stream such equipment shall be completed as and operating requirements. The owner being combusted, the flow rate of the soon as practical, but not later than the or operator shall operate and maintain stream, the combustion temperature, end of the next closed vent system the nonflare control device so that the and the residence time at the shutdown. monitored parameters defined as combustion temperature. § 63.984 Fuel gas systems and processes required in paragraph (c) of this section (D) For carbon adsorbers, the design to which storage vessel, transfer rack, or remain within the ranges specified in evaluation shall include the estimated equipment leak regulated material the Notification of Compliance Status affinity of the regulated material vapors emissions are routed. whenever emissions of regulated for carbon, the amount of carbon in each (a) Equipment and operating material are routed to the control device bed, the number of beds, the humidity, requirements for fuel gas systems and except during periods of start-up, the temperature, the flow rate of the

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For compliance with the interim status compliance assessment records shall be vacuum desorption, pressure drop shall requirements of 40 CFR part 265, kept as specified in § 63.998(a)(1) and a be included. subpart O; or flare compliance assessment report shall (E) For condensers, the design (iv) A boiler or process heater into be submitted as specified in evaluation shall include the final which the vent stream is introduced § 63.999(a)(2). An owner or operator is temperature of the stream vapors, the with the primary fuel. not required to conduct a performance type of condenser, and the design flow (3) Prior design evaluations or test to determine percent emission rate of the emission stream. performance tests. If a design evaluation reduction or outlet regulated material or (ii) Performance test. A performance or performance test is required in the total organic compound concentration test, whether conducted to meet the referencing subpart or was previously when a flare is used. requirements of this section, or to conducted and submitted for a storage (2) [Reserved] demonstrate compliance for a process vessel or low throughput transfer rack, (3) Flare compliance assessments vent or high throughput transfer rack as then a performance test or design shall meet the requirements specified in required by §§ 63.988(b), 63.990(b), or evaluation is not required. paragraphs (b)(3)(i) through (iv) of this 63.995(b), is acceptable to demonstrate (c) Nonflare control device monitoring section. compliance with emission reduction requirements. (1) The owner or operator (i) Method 22 of appendix A of part requirements for storage vessels and shall submit with the Notification of 60 shall be used to determine the transfer racks. The owner or operator is Compliance Status, a monitoring plan compliance of flares with the visible not required to prepare a design containing the information specified in emission provisions of this subpart. The evaluation for the control device as § 63.999(b)(2)(i) and (ii) to identify the observation period is 2 hours, except for described in paragraph (b)(1)(i) of this parameters that will be monitored to transfer racks as provided in (b)(3)(i)(A) section if a performance test will be assure proper operation of the control or (B) of this section. performed that meets the criteria device. (A) For transfer racks, if the loading specified in paragraphs (b)(1)(ii)(A) and (2) The owner or operator shall cycle is less than 2 hours, then the (B) of this section. monitor the parameters specified in the observation period for that run shall be (A) The performance test will Notification of Compliance Status or in for the entire loading cycle. demonstrate that the control device the operating permit application or (B) For transfer racks, if additional achieves greater than or equal to the amendment. Records shall be generated loading cycles are initiated within the 2- required control device performance as specified in § 63.998(d)(2)(i). hour period, then visible emissions level specified in a referencing subpart observations shall be conducted for the for storage vessels or transfer racks; and § 63.986 Nonflare control devices used for additional cycles. (B) The performance test meets the equipment leaks only. (ii) The net heating value of the gas applicable performance test (a) Equipment and operating being combusted in a flare shall be requirements and the results are requirements. (1) Owners or operators calculated using Equation 1: using a nonflare control device to meet submitted as part of the Notification of n Compliance Status as specified in the applicable requirements of a = referencing subpart for equipment leaks HT K1 ∑ D j H j [ Eq . 1] § 63.999(b)(2). = (2) Exceptions. A design evaluation or shall meet the requirements of this j 1 performance test is not required if the section. Where: owner or operator uses a combustion (2) Control devices used to comply HT = Net heating value of the sample, device meeting the criteria in paragraph with the provisions of this subpart shall megajoules per standard cubic (b)(2)(i), (ii), (iii), or (iv) of this section. be operated at all times when emissions meter; where the net enthalpy per (i) A boiler or process heater with a are vented to them. mole of offgas is based on design heat input capacity of 44 (b) Performance test requirements. A combustion at 25 °C and 760 megawatts (150 million British thermal performance test is not required for any millimeters of mercury (30 inches units per hour) or greater. nonflare control device used only to of mercury), but the standard (ii) A boiler or process heater burning control emissions from equipment leaks. temperature for determining the hazardous waste for which the owner or (c) Monitoring requirements. Owners volume corresponding to one mole operator meets the requirements or operators of control devices that are is 20 °C; ¥7 specified in paragraph (b)(2)(ii)(A) or (B) used to comply only with the provisions K1 = 1.740 × 10 (parts per million by of this section. of a referencing subpart for control of volume)¥1 (gram-mole per standard (A) The boiler or process heater has equipment leak emissions shall monitor cubic meter) (megajoules per been issued a final permit under 40 CFR these control devices to ensure that they kilocalories), where the standard part 270 and complies with the are operated and maintained in temperature for gram mole per requirements of 40 CFR part 266, conformance with their design. The standard cubic meter is 20 °C; subpart H, or owner or operator shall maintain the n = number of sample components; (B) The boiler or process heater has records as specified in § 63.998(d)(4). Dj = Concentration of sample certified compliance with the interim component j, in parts per million by status requirements of 40 CFR part 266, § 63.987 Flare requirements. volume on a wet basis, as measured subpart H. (a) Flare equipment and operating for organics by Method 18 of part (iii) A hazardous waste incinerator for requirements. Flares subject to this 60, appendix A and measured for which the owner or operator meets the subpart shall meet the performance hydrogen and carbon monoxide by requirements specified in paragraph requirements in 40 CFR 63.11(b) American Society for Testing and (b)(2)(iii)(A) or (B) of this section. (General Provisions). Materials (ASTM) D1946–90; and (A) The incinerator has been issued a (b) Flare compliance assessment. (1) Hj = Net heat of combustion of sample final permit under 40 CFR part 270 and The owner or operator shall conduct an component j, kilocalories per gram

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mole at 25 °C and 760 millimeters when any of the control devices temperature monitoring device shall be of mercury (30 inches of mercury). specified in paragraphs (b)(2)(i) through installed in the fire box. (iii) The actual exit velocity of a flare (iv) of this section are used. § 63.989 [Reserved] shall be determined by dividing the (i) A hazardous waste incinerator for volumetric flowrate (in units of standard which the owner or operator has been § 63.990 Absorbers, condensers, and temperature and pressure), as issued a final permit under 40 CFR part carbon adsorbers used as control devices. determined by Methods 2, 2A, 2C, or 2D 270 and complies with the requirements (a) Equipment and operating of 40 CFR part 60, appendix A as of 40 CFR part 264, subpart O, or has requirements. (1) Owners or operators appropriate; by the unobstructed (free) certified compliance with the interim using absorbers, condensers, or carbon cross sectional area of the flare tip. status requirements of 40 CFR part 265, adsorbers to meet a weight-percent (iv) Flare flame or pilot monitors, as subpart O; emission reduction or parts per million applicable, shall be operated during any (ii) A boiler or process heater with a by volume outlet concentration flare compliance assessment. design heat input capacity of 44 requirement specified in a referencing (c) Flare monitoring requirements. megawatts (150 million British thermal subpart shall meet the requirements of Where a flare is used, the following units per hour) or greater; this section. (iii) A boiler or process heater into monitoring equipment is required: a (2) Absorbers, condensers, and carbon which the vent stream is introduced device (including but not limited to a adsorbers used to comply with the with the primary fuel or is used as the thermocouple, ultra-violet beam sensor, provisions of a referencing subpart and or infrared sensor) capable of primary fuel; or (iv) A boiler or process heater burning this subpart shall be operated at all continuously detecting that at least one times when emissions are vented to pilot flame or the flare flame is present. hazardous waste for which the owner or operator meets the requirements them. Flare flame monitoring and compliance (b) Performance test requirements. records shall be kept as specified in specified in paragraph (b)(2)(iv)(A) or (B) of this section. Except as specified in § 63.997(b), the § 63.998(a)(1) and reported as specified owner or operator shall conduct an in § 63.999(c)(8). (A) The boiler or process heater has been issued a final permit under 40 CFR initial performance test of any absorber, § 63.988 Incinerators, boilers, and process part 270 and complies with the condenser, or carbon adsorber used as a heaters. requirements of 40 CFR part 266, control device to comply with the (a) Equipment and operating subpart H; or provisions of the referencing subpart requirements. (1) Owners or operators (B) The boiler or process heater has and this subpart according to the using incinerators, boilers, or process certified compliance with the interim procedures in § 63.997. Performance test heaters to meet a weight-percent status requirements of 40 CFR part 266, records shall be kept as specified in emission reduction or parts per million subpart H. § 63.998(a)(2) and a performance test by volume outlet concentration (c) Incinerator, boiler, and process report shall be submitted as specified in requirement specified in a referencing heater monitoring requirements. Where § 63.999(a)(2). As provided in subpart shall meet the requirements of an incinerator, boiler, or process heater § 63.985(b)(1), a design evaluation may this section. is used, a temperature monitoring be used as an alternative to the (2) Incinerators, boilers, or process device capable of providing a performance test for storage vessels and heaters used to comply with the continuous record that meets the low throughput transfer rack controls. provisions of a referencing subpart and provisions specified in paragraph (c)(1), As provided in § 63.986(b), no this subpart shall be operated at all (2), or (3) of this section is required. Any performance test is required to times when emissions are vented to boiler or process heater in which all demonstrate compliance for equipment them. vent streams are introduced with leaks. (3) For boilers and process heaters, primary fuel or are used as the primary (c) Monitoring requirements. Where the vent stream shall be introduced into fuel is exempt from monitoring. an absorber, condenser, or carbon the flame zone of the boiler or process Monitoring results shall be recorded as adsorber is used as a control device, heater. specified in § 63.998(b) and (c), as either an organic monitoring device (b) Performance test requirements. (1) applicable. General requirements for capable of providing a continuous Except as specified in § 63.997(b), and monitoring and continuous parameter record, or the monitoring devices paragraph (b)(2) of this section, the monitoring systems are contained in the specified in paragraphs (c)(1) through owner or operator shall conduct an referencing subpart and § 63.996. (3), as applicable, shall be used. initial performance test of any (1) Where an incinerator other than a Monitoring results shall be recorded as incinerator, boiler, or process heater catalytic incinerator is used, a specified in § 63.998(b) and (c), as used to comply with the provisions of temperature monitoring device shall be applicable. General requirements for a referencing subpart and this subpart installed in the fire box or in the monitoring and continuous parameter according to the procedures in § 63.997. ductwork immediately downstream of monitoring systems are contained in a Performance test records shall be kept as the fire box in a position before any referencing subpart and § 63.996. specified in § 63.998(a)(2) and a substantial heat exchange occurs. (1) Where an absorber is used, a performance test report shall be (2) Where a catalytic incinerator is scrubbing liquid temperature submitted as specified in § 63.999(a)(2). used, temperature monitoring devices monitoring device and a specific gravity As provided in § 63.985(b)(1), a design shall be installed in the gas stream monitoring device, each capable of evaluation may be used as an alternative immediately before and after the providing a continuous record, shall be to the performance test for storage catalyst bed. used. If the difference between the vessels and low throughput transfer rack (3) Where a boiler or process heater of specific gravity of the saturated controls. As provided in § 63.986(b), no less than 44 megawatts (150 million scrubbing fluid and specific gravity of performance test is required for British thermal units per hour) design the fresh scrubbing fluid is less than equipment leaks. heat input capacity is used and the 0.02 specific gravity units, an organic (2) An owner or operator is not regulated vent stream is not introduced monitoring device capable of providing required to conduct a performance test as or with the primary fuel, a a continuous record shall be used.

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(2) Where a condenser is used, a level specified in a referencing subpart shall be operated at all times when condenser exit (product side) and 4.0, an organic monitoring device emissions are vented to them. temperature monitoring device capable capable of providing a continuous (b) Halogen scrubber and other of providing a continuous record shall record or a condenser exit (product side) halogen reduction device performance be used. temperature monitoring device capable test requirements. (1) An owner or (3) Where a carbon adsorber is used, of providing a continuous record shall operator of a combustion device an integrating regeneration stream flow be used. Monitoring results shall be followed by a halogen scrubber or other monitoring device having an accuracy of recorded as specified in § 63.998(b) and halogen reduction device to control ±10 percent or better, capable of (c), as applicable. General requirements halogenated vent streams in accordance recording the total regeneration stream for monitoring and continuous with a referencing subpart and this mass or volumetric flow for each parameter monitoring systems are subpart shall conduct an initial regeneration cycle; and a carbon bed contained in a referencing subpart and performance test to determine temperature monitoring device, capable § 63.996. compliance with the control efficiency of recording the carbon bed temperature (3) Where a carbon adsorber is the or emission limits for hydrogen halides after each regeneration and within 15 final recovery device in the recovery and halogens according to the minutes of completing any cooling system and the TRE index value is procedures in § 63.997. Performance test cycle, shall be used. between the level specified in a records shall be kept as specified in § 63.998(a)(2) and a performance test § 63.991 [Reserved] referencing subpart and 4.0, an organic monitoring device capable of providing report shall be submitted as specified in § 63.992 [Reserved] a continuous record or an integrating § 63.999(a)(2). regeneration stream flow monitoring (2) An owner or operator of a halogen § 63.993 Absorbers, condensers, carbon device having an accuracy of ±10 scrubber or other halogen reduction adsorbers and other recovery devices used technique used to reduce the vent as final recovery devices. percent or better, capable of recording the total regeneration stream mass or stream halogen atom mass emission rate (a) Final recovery device equipment prior to a combustion device to comply and operating requirements. (1) Owners volumetric flow for each regeneration cycle; and a carbon-bed temperature with a performance level specified in a or operators using a final recovery referencing subpart shall determine the device to maintain a TRE above a level monitoring device, capable of recording the carbon-bed temperature after each halogen atom mass emission rate prior specified in a referencing subpart shall to the combustion device according to meet the requirements of this section. regeneration and within 15 minutes of completing any cooling cycle shall be the procedures specified in the (2) Recovery devices used to comply referencing subpart. Records of the with the provisions of a referencing used. Monitoring results shall be recorded as specified in § 63.998(b) and halogen concentration in the vent subpart and this subpart shall be stream shall be generated as specified in operated at all times when emissions are (c), as applicable. General requirements for monitoring and continuous § 63.998(a)(4). vented to them. (c) Halogen scrubber and other parameter monitoring systems are (b) Recovery device performance test halogen reduction device monitoring contained in a referencing subpart and requirements. There are no performance requirements. (1) Where a halogen § 63.996. test requirements for recovery devices. scrubber is used, the monitoring TRE index value determination (4) If an owner or operator uses a equipment specified in paragraphs information shall be recorded as recovery device other than those listed (c)(1)(i) and (ii) of this section is specified in § 63.998(a)(3). in this subpart, the owner or operator required for the scrubber. Monitoring (c) Recovery device monitoring shall submit a description of planned results shall be recorded as specified in requirements. (1) Where an absorber is monitoring, reporting and § 63.998(b) and (c), as applicable. the final recovery device in the recovery recordkeeping procedures as specified General requirements for monitoring system and the TRE index value is in a referencing subpart. The and continuous parameter monitoring between the level specified in a Administrator will approve, deny, or systems are contained in a referencing referencing subpart and 4.0, either an modify based on the reasonableness of subpart and § 63.996. organic monitoring device capable of the proposed monitoring, reporting and (i) A pH monitoring device capable of providing a continuous record or a recordkeeping requirements as part of providing a continuous record shall be scrubbing liquid temperature the review of the submission or permit installed to monitor the pH of the monitoring device and a specific gravity application or by other appropriate scrubber effluent. monitoring device, each capable of means. (ii) A flow meter capable of providing providing a continuous record, shall be a continuous record shall be located at used. If the difference between the § 63.994 Halogen scrubbers and other halogen reduction devices. the scrubber influent for liquid flow. specific gravity of the saturated Gas stream flow shall be determined scrubbing fluid and specific gravity of (a) Halogen scrubber and other using one of the procedures specified in the fresh scrubbing fluid is less than halogen reduction device equipment paragraphs (c)(1)(ii)(A) through (D) of 0.02 specific gravity units, an organic and operating requirements. (1) An this section. monitoring device capable of providing owner or operator of a halogen scrubber (A) The owner or operator may a continuous record shall be used. or other halogen reduction device determine gas stream flow using the Monitoring results shall be recorded as subject to this subpart shall reduce the design blower capacity, with specified in § 63.998(b) and (c), as overall emissions of hydrogen halides appropriate adjustments for pressure applicable. General requirements for and halogens by the control device drop. monitoring and continuous parameter performance level specified in a (B) The owner or operator may monitoring systems are contained in referencing subpart. measure the gas stream flow at the § 63.996. (2) Halogen scrubbers and other scrubber inlet. (2) Where a condenser is the final halogen reduction devices used to (C) If the scrubber is subject to recovery device in the recovery system comply with the provisions of a regulations in 40 CFR parts 264 through and the TRE index value is between the referencing subpart and this subpart 266 that have required a determination

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If an owner or operator section, or in a relevant subpart, and in process unit of which it is part as uses a control device other than those a manner consistent with good air specified in a referencing subpart, the listed in this subpart, the owner or pollution control practices. owner or operator may determine gas operator shall submit a description of (i) The owner or operator of a stream flow by the method that had planned monitoring, recordkeeping and regulated source shall ensure the been utilized to comply with those reporting procedures as specified in a immediate repair or replacement of regulations. A determination that was referencing subpart. The Administrator CPMS parts to correct ‘‘routine’’ or conducted prior to that compliance date will approve, deny, or modify based on otherwise predictable CPMS may be utilized to comply with this the reasonableness of the proposed malfunctions. The necessary parts for subpart if it is still representative. monitoring, reporting and routine repairs of the affected (D) The owner or operator may recordkeeping requirements as part of equipment shall be readily available. prepare and implement a gas stream the review of the submission or permit (ii) If under the referencing subpart, flow determination plan that documents application or by other appropriate an owner or operator has developed a an appropriate method that will be used means. start-up, shutdown, and malfunction to determine the gas stream flow. The plan, the plan is followed, and the plan shall require determination of gas § 63.996 General monitoring requirements CPMS is repaired immediately, this stream flow by a method that will at for control and recovery devices. action shall be recorded as specified in least provide a value for either a (a) General monitoring requirements § 63.998(c)(1)(ii)(E). representative or the highest gas stream applicability. (1) This section applies to (iii) The Administrator’s flow anticipated in the scrubber during the owner or operator of a regulated determination of whether acceptable representative operating conditions source required to monitor under this operation and maintenance procedures other than start-ups, shutdowns, or subpart. are being used for the CPMS will be malfunctions. The plan shall include a (2) Flares subject to § 63.987(c) are not based on information that may include, description of the methodology to be subject to the requirements of this but is not limited to, review of operation followed and an explanation of how the section. and maintenance procedures, operation selected methodology will reliably (3) Flow indicators are not subject to and maintenance records as specified in determine the gas stream flow, and a the requirements of this section. § 63.998(c)(1)(i) and (ii), manufacturer’s description of the records that will be (b) Conduct of monitoring. (1) recommendations and specifications, maintained to document the Monitoring shall be conducted as set and inspection of the CPMS. determination of gas stream flow. The forth in this section and in the relevant (3) All CPMS’s shall be installed and owner or operator shall maintain the sections of this subpart unless the operational, and the data verified as plan as specified in a referencing provision in either paragraph (b)(1)(i) or specified in this subpart either prior to subpart. (ii) of this section applies. or in conjunction with conducting (2) Where a halogen reduction device (i) The Administrator specifies or performance tests. Verification of other than a scrubber is used, the owner approves the use of minor changes in operational status shall, at a minimum, or operator shall follow the procedures methodology for the specified include completion of the specified in a referencing subpart in monitoring requirements and manufacturer’s written specifications or order to establish monitoring procedures; or recommendations for installation, parameters. (ii) The Administrator approves the operation, and calibration of the system use of alternatives to any monitoring or other written procedures that provide § 63.995 Other control devices. requirements or procedures as provided adequate assurance that the equipment (a) Other control device equipment in the referencing subpart or paragraph would reasonably be expected to and operating requirements. (1) Owners (d) of this section. monitor accurately. or operators using a control device other (2) When one CPMS is used as a (4) All CPMS’s shall be installed such than one listed in §§ 63.985 through backup to another CPMS, the owner or that representative measurements of 63.990 to meet a weight-percent operator shall report the results from the parameters from the regulated source emission reduction or parts per million CPMS used to meet the monitoring are obtained. by volume outlet concentration requirements of this subpart. If both (5) In accordance with the referencing requirement specified in a referencing such CPMS’s are used during a subpart, except for system breakdowns, subpart shall meet the requirements of particular reporting period to meet the repairs, maintenance periods, this section. monitoring requirements of this subpart, instrument adjustments, or checks to (2) Other control devices used to then the owner or operator shall report maintain precision and accuracy, comply with the provisions of a the results from each CPMS for the time calibration checks, and zero and span referencing subpart and this subpart during the six month period that the adjustments, all continuous parameter shall be operated at all times when instrument was relied upon to monitoring systems shall be in emissions are vented to them. demonstrate compliance. continuous operation when emissions (b) Other control device performance (c) Operation and maintenance of are being routed to the monitored test requirements. An owner or operator continuous parameter monitoring device. using a control device other than those systems. (1) All monitoring equipment (6) The owner or operator shall specified in §§ 63.987 through 63.990 to shall be installed, calibrated, establish a range for monitored comply with a performance level maintained, and operated according to parameters that indicates proper specified in a referencing subpart, shall manufacturer’s specifications or other operation of the control or recovery perform an initial performance test written procedures that provide device. In order to establish the range, according to the procedures in § 63.997. adequate assurance that the equipment the information required in Performance test records shall be kept as would reasonably be expected to § 63.999(b)(3) shall be submitted in the specified in § 63.998(a)(2) and a monitor accurately. Notification of Compliance Status or the performance test report shall be (2) The owner or operator of a operating permit application or submitted as specified in § 63.999(a)(2). regulated source shall maintain and amendment. The range may be based

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34875 upon a prior performance test meeting permission to substitute a prior proposal date of a relevant standard the specifications of § 63.997(b)(1) or a performance test or compliance established pursuant to section 112(d) of prior TRE index value determination, as assessment by written application to the the Act but before the proposal date of applicable, or upon existing ranges or Administrator as specified in the relevant standard established limits established under a referencing § 63.999(a)(1)(iv). pursuant to section 112(f); or subpart. Where the regeneration stream (2) Individual performance tests and (vii) When the promulgated emission flow and carbon bed temperature are flare compliance assessments may be standard in a referencing subpart is monitored, the range shall be in terms waived upon written application to the more stringent than the standard that of the total regeneration stream flow per Administrator, per § 63.999(a)(1)(iii), if, was proposed, the owner or operator of regeneration cycle and the temperature in the Administrator’s judgment, the a new or reconstructed source subject to of the carbon bed determined within 15 source is meeting the relevant that standard for which construction or minutes of the completion of the standard(s) on a continuous basis, the reconstruction is commenced between regeneration cooling cycle. source is being operated under an the proposal and promulgation dates of (d) Alternatives to monitoring extension or waiver of compliance, or the standard shall comply with requirements. (1) Alternatives to the the owner or operator has requested an performance testing requirements continuous operating parameter extension or waiver of compliance and within 180 days after the standard’s monitoring and recordkeeping the Administrator is still considering effective date, or within 180 days after provisions. An owner or operator may that request. start-up of the source, whichever is request approval to use alternatives to (3) Approval of any waiver granted later. If a promulgated standard in a the continuous operating parameter under this section shall not abrogate the referencing subpart is more stringent monitoring and recordkeeping Administrator’s authority under the Act than the proposed standard, the owner provisions listed in §§ 63.988(c), or in any way prohibit the or operator may choose to demonstrate 63.990(c), 63.993(c), 63.994(c), Administrator from later canceling the compliance initially with either the 63.998(a)(2) through (4), 63.998(c)(2) waiver. The cancellation will be made proposed or the promulgated standard. and (3), as specified in § 63.999(d)(1). only after notification is given to the If the owner or operator chooses to (2) Monitoring a different parameter owner or operator of the source. comply with the proposed standard than those listed. An owner or operator (c) Performance tests and flare initially, the owner or operator shall may request approval to monitor a compliance assessments schedule. (1) conduct a second performance test different parameter than those Unless a waiver of performance testing within 3 years and 180 days after the established in paragraph (c)(6) of this or flare compliance assessment is effective date of the standard, or after section or to set unique monitoring obtained under this section or the start-up of the source, whichever is parameters if directed by §§ 63.994(c)(2) conditions of a referencing subpart, the later, to demonstrate compliance with or 63.995(c), as specified in owner or operator shall perform such the promulgated standard. § 63.999(d)(2). tests as specified in paragraphs (c)(1)(i) (2) The Administrator may require an through (vii) of this section. owner or operator to conduct § 63.997 Performance test and compliance (i) Within 180 days after the effective performance tests and compliance assessment requirements for control date of a relevant standard for a new assessments at the regulated source at devices. source that has an initial start-up date any time when the action is authorized (a) Performance tests and flare before the effective date of that by section 114 of the Act. compliance assessments. Where standard; or §§ 63.985 through 63.995 require, or the (ii) Within 180 days after initial start- (3) Unless already permitted by the owner or operator elects to conduct, a up for a new source that has an initial applicable title V permit, if an owner or performance test of a control device or start-up date after the effective date of operator elects to use a recovery device a halogen reduction device, or a a relevant standard; or to replace an existing control device at compliance assessment for a flare, the (iii) Within 180 days after the a later date, or elects to use a different requirements of paragraphs (b) through compliance date specified in a flare, nonflare control device or (d) of this section apply. referencing subpart for an existing recovery device to replace an existing (b) Prior test results and waivers. source, or within 180 days after start-up flare, nonflare control device or final Initial performance tests and initial flare of an existing source if the source begins recovery device at a later date, the compliance assessments are required operation after the effective date of the owner or operator shall notify the only as specified in this subpart or a relevant emission standard; or Administrator, either by amendment of referencing subpart. (iv) Within 180 days after the the regulated source’s title V permit or, (1) Unless requested by the compliance date for an existing source if title V is not applicable, by Administrator, an owner or operator is subject to an emission standard submission of the notice specified in not required to conduct a performance established pursuant to section 112(f) of § 63.999(c)(7) before implementing the test or flare compliance assessment the Act; or change. Upon implementing the change, under this subpart if a prior (v) Within 180 days after the a compliance demonstration or performance test or compliance termination date of the source’s performance test shall be performed assessment was conducted using the extension of compliance or a waiver of according to the provisions of same methods specified in § 63.997(e) or compliance for an existing source that paragraphs (c)(3)(i) through (v) of this § 63.987(b)(3), as applicable, and either obtains an extension of compliance section, as applicable, within 180 days. no process changes have been made under § 63.1112(a), or waiver of The compliance assessment report shall since the test, or the owner or operator compliance under 40 CFR 61.11; or be submitted to the Administrator can demonstrate that the results of the (vi) Within 180 days after the within 60 days of completing the performance test or compliance compliance date for a new source, determination, as provided in demonstration, with or without subject to an emission standard § 63.999(a)(1)(ii). adjustments, reliably demonstrate established pursuant to section 112(f) of (i) For flares used to replace an compliance despite process changes. An the Act, for which construction or existing control device, a flare owner or operator may request reconstruction is commenced after the compliance demonstration shall be

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34876 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations performed using the methods specified conducted at maximum representative (C) Approves shorter sampling times in § 63.987(b); operating conditions for the process, and smaller sample volumes when (ii) For flares used to replace an unless the Administrator specifies or necessitated by process variables or existing final recovery device that is approves alternate operating conditions. other factors; or used on an applicable process vent, the During the performance test, an owner (D) Waives the requirement for the owner or operator shall comply with the or operator may operate the control or performance test as specified in applicable provisions in a referencing halogen reduction device at maximum paragraph (b)(2) of this section because subpart and in this subpart; or minimum representative operating the owner or operator of a regulated (iii) For incinerators, boilers, or conditions for monitored control or source has demonstrated by other means process heaters used to replace an halogen reduction device parameters, to the Administrator’s satisfaction that existing control device, a performance whichever results in lower emission the regulated source is in compliance test shall be performed, using the reduction. Operations during periods of with the relevant standard; or methods specified in § 63.997; start-up, shutdown, and malfunction (E) Approves the use of an equivalent (iv) For absorbers, condensers, or shall not constitute representative method. carbon adsorbers used to replace an conditions for the purpose of a (v) Performance test runs. Except as existing control device on a process vent performance test. provided in paragraphs (e)(1)(v)(A) and or a transfer rack, a performance test (ii) [Reserved] (B) of this section, each performance test shall be performed, using the methods (iii) Combination of both continuous shall consist of three separate runs using specified in § 63.997; and batch unit operations. For a the applicable test method. Each run (v) For absorbers, condensers, or combination of both continuous and shall be conducted for at least 1 hour carbon adsorbers used to replace an batch unit operations, performance tests and under the conditions specified in existing final recovery device on a shall be conducted at maximum this section. For the purpose of process vent, the owner or operator representative operating conditions. For determining compliance with an shall comply with the applicable the purpose of conducting a applicable standard, the arithmetic provisions of a referencing subpart and performance test on a combined vent means of results of the three runs shall this subpart; stream, maximum representative apply. In the event that a sample is (d) Performance testing facilities. If operating conditions shall be when accidentally lost or conditions occur in required to do performance testing, the batch emission episodes are occurring which one of the three runs must be owner or operator of each new regulated that result in the highest organic HAP discontinued because of forced source and, at the request of the emission rate (for the combined vent shutdown, failure of an irreplaceable Administrator, the owner or operator of stream) that is achievable during the 6- portion of the sample train, extreme each existing regulated source, shall month period that begins 3 months meteorological conditions, or other provide performance testing facilities as before and ends 3 months after the circumstances, beyond the owner or specified in paragraphs (d)(1) through compliance assessment (e.g. TRE operator’s control, compliance may, (5) of this section. calculation, performance test) without upon the Administrator’s approval, be (1) Sampling ports adequate for test causing any of the situations described determined using the arithmetic mean methods applicable to such source. This in paragraphs (e)(1)(iii)(A) through (C) of the results of the two other runs. includes, as applicable, the of this section. (A) For control devices used to requirements specified in (d)(1)(i) and (A) Causing damage to equipment; control emissions from transfer racks (ii) of this section. (B) Necessitating that the owner or (except low throughput transfer racks (i) Constructing the air pollution operator make product that does not that are capable of continuous vapor control system such that volumetric meet an existing specification for sale to processing but do not handle flow rates and pollutant emission rates a customer; or continuous emissions or multiple can be accurately determined by (C) Necessitating that the owner or loading arms of a transfer rack that load applicable test methods and procedures; operator make product in excess of simultaneously), each run shall and demand. represent at least one complete tank (ii) Providing a stack or duct free of (iv) Alternatives to performance test truck or tank car loading period, during cyclonic flow during performance tests, requirements. Performance tests shall be which regulated materials are loaded, as demonstrated by applicable test conducted and data shall be reduced in and samples shall be collected using methods and procedures; accordance with the test methods and integrated sampling or grab samples (2) Safe sampling platform(s); procedures set forth in this subpart, in taken at least four times per hour at (3) Safe access to sampling each relevant standard, and, if required, approximately equal intervals of time, platform(s); in applicable appendices of 40 CFR such as 15-minute intervals. (4) Utilities for sampling and testing parts 51, 60, 61, and 63 unless the (B) For intermittent vapor processing equipment; and Administrator specifies one of the systems used for controlling transfer (5) Any other facilities that the provisions in paragraphs (e)(1)(iv)(A) rack emissions (except low throughput Administrator deems necessary for safe through (E) of this section. transfer racks that do not handle and adequate testing of a source. (A) Specifies or approves, in specific continuous emissions or multiple (e) Performance test procedures. cases, the use of a test method with loading arms of a transfer rack that load Where §§ 63.985 through 63.995 require minor changes in methodology; or simultaneously), each run shall the owner or operator to conduct a (B) Approves the use of an alternative represent at least one complete control performance test of a control device or test method, the results of which the device cycle, and samples shall be a halogen reduction device, the owner Administrator has determined to be collected using integrated sampling or or operator shall follow the adequate for indicating whether a grab samples taken at least four times requirements of paragraphs (e)(1)(i) specific regulated source is in per hour at approximately equal through (v) of this section, as applicable. compliance. The alternate method or intervals of time, such as 15-minute (1) General procedures. (i) Continuous data shall be validated using the intervals. unit operations. For continuous unit applicable procedures of Method 301 of (2) Specific procedures. Where operations, performance tests shall be appendix A of 40 CFR part 63; or §§ 63.985 through 63.995 require the

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34877 owner or operator to conduct a that have been validated according to (1) The emission rate correction factor performance test of a control device, or the applicable procedures in Method (or excess air), integrated sampling and a halogen reduction device, an owner or 301 of appendix A of 40 CFR part 63, analysis procedures of Method 3B of 40 operator shall conduct that performance may be used. Method 25A of 40 CFR CFR part 60, appendix A, shall be used test using the procedures in paragraphs part 60, appendix A may be used for to determine the oxygen concentration. (e)(2)(i) through (iv) of this section, as transfer racks as detailed in paragraph The sampling site shall be the same as applicable. The regulated material (e)(2)(iii)(D) of this section. The that of the organic regulated material or concentration and percent reduction procedures specified in paragraphs organic compound samples, and the may be measured as either total organic (e)(2)(iii)(A) through (D) of this section samples shall be taken during the same regulated material or as TOC minus shall be used to calculate parts per time that the organic regulated material methane and ethane according to the million by volume concentration, or organic compound samples are taken. procedures specified. corrected to 3 percent oxygen if a (2) The concentration corrected to 3 (i) Selection of sampling sites. Method combustion device is the control device percent oxygen (Cc) shall be computed 1 or 1A of 40 CFR part 60, appendix A, and supplemental combustion air is using Equation 3. as appropriate, shall be used for used to combust the emissions. selection of the sampling sites. (A) Sampling time. For continuous  17. 9  (A) For determination of compliance unit operations and for a combination of CC=   [Eq . 3] c m  −  with a percent reduction requirement of both continuous and batch unit 20.% 9 O2d total organic regulated material or TOC, operations, the minimum sampling time Where: sampling sites shall be located as for each run shall be 1 hour in which Cc = Concentration of TOC or organic specified in paragraphs (e)(2)(i)(A)(1) either an integrated sample or a regulated material corrected to 3 and (e)(2)(i)(A)(2) of this section, and at minimum of four grab samples shall be percent oxygen, dry basis, parts per the outlet of the control device. taken. If grab sampling is used, then the million by volume. (1) With the exceptions noted below samples shall be taken at approximately Cm = Concentration of TOC (minus in paragraphs (e)(2)(i)(A)(2) and (3), the equal intervals in time, such as 15 methane and ethane) or organic control device inlet sampling site shall minute intervals during the run. regulated material, dry basis, parts be located at the exit from the unit (B) Concentration calculation. The per million by volume. operation before any control device. concentration of either TOC (minus (2) For process vents from continuous %O2d = Concentration of oxygen, dry methane or ethane) or total organic basis, percentage by volume. unit operations at affected sources in regulated material shall be calculated subcategories where the applicability according to paragraph (e)(2)(iii)(B) (1) (D) Transfer racks. Method 25A of 40 criteria includes a TRE index value, the or (2) of this section. CFR part 60, appendix A may be used control device inlet sampling site shall for the purpose of determining (1) The TOC concentration (CTOC) is be located after the final recovery the sum of the concentrations of the compliance with a parts per million by device. individual components and shall be volume limit for transfer racks. If (3) If a vent stream is introduced with computed for each run using Equation Method 25A of 40 CFR part 60, the combustion air or as a secondary 2. appendix A is used, the procedures fuel into a boiler or process heater with specified in paragraphs (e)(2)(iii)(D) (1) a design capacity less than 44   through (4) of this section shall be used megawatts, selection of the location of n to calculate the concentration of organic ∑C ji  the inlet sampling sites shall ensure the x compounds (CTOC):  j=1  measurement of total organic regulated C = ∑ [Eq . 2] (1) The principal organic regulated material or TOC (minus methane and TOC material in the vent stream shall be used i=1 x ethane) concentrations, as applicable, in as the calibration gas. all vent streams and primary and Where: (2) The span value for Method 25A of secondary fuels introduced into the CTOC = Concentration of TOC (minus 40 CFR part 60, appendix A, shall be boiler or process heater. methane and ethane), dry basis, between 1.5 and 2.5 times the (B) For determination of compliance parts per million by volume. concentration being measured. with a parts per million by volume total x = Number of samples in the sample (3) Use of Method 25A of 40 CFR part regulated material or TOC limit in a run. 60, appendix A, is acceptable if the referencing subpart, the sampling site n = Number of components in the response from the high-level calibration shall be located at the outlet of the sample. gas is at least 20 times the standard control device. Cji = Concentration of sample deviation of the response from the zero (ii) Gas volumetric flow rate. The gas components j of sample I, dry basis, calibration gas when the instrument is volumetric flow rate shall be parts per million by volume. zeroed on the most sensitive scale. determined using Method 2, 2A, 2C, or (2) The total organic regulated (4) The concentration of TOC shall be 2D of 40 CFR part 60, appendix A, as material (CREG) shall be computed corrected to 3 percent oxygen using the appropriate. according to Equation 2 in paragraph procedures and Equation 3 in paragraph (iii) Total organic regulated material (e)(2)(iii)(B)(1) of this section except that (e)(2)(iii)(C)(2) of this section if a or TOC concentration. To determine only the regulated species shall be combustion device is the control device compliance with a parts per million by summed. and supplemental combustion air is volume total organic regulated material (C) Concentration correction used to combust emissions. or TOC (minus methane and ethane) calculation. The concentration of TOC (iv) Percent reduction calculation. To limit, the owner or operator shall use or total organic regulated material, as determine compliance with a percent Method 18 of 40 CFR part 60, appendix applicable, shall be corrected to 3 reduction requirement, the owner or A, to measure either TOC minus percent oxygen if a combustion device operator shall use Method 18 of 40 CFR methane and ethane or total organic is the control device and supplemental part 60, appendix A; alternatively, any regulated material, as applicable. combustion air is used to combust the other method or data that have been Alternatively, any other method or data emissions. validated according to the applicable

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34878 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations procedures in Method 301 of appendix outlet of the control device, and secondary fuels with the TOC A of this part may be used. Method 25A respectively. (minus methane and ethane) or total or 25B of 40 CFR part 60, appendix A QI, Qo = Process vent flow rate, dry organic regulated material exiting the may be used for transfer racks as standard cubic meter per minute, at combustion device, respectively. detailed in paragraph (e)(2)(iv)(E) of this a temperature of 20° C, at the inlet (E) Transfer racks. Method 25A of 40 section. Procedures specified in and outlet of the control device, CFR part 60, appendix A, may also be paragraphs (e)(2)(iv)(A) through respectively. used for the purpose of determining (e)(2)(iv)(E) of this section shall be used (2) Where the mass rate of TOC is compliance with the percent reduction to calculate percent reduction being calculated, all organic compounds requirement for transfer racks. efficiency. (minus methane and ethane) measured (1) If Method 25A of 40 CFR part 60, (A) Sampling time. The minimum by method 18 of 40 CFR part 60, appendix A, is used to measure the sampling time for each run shall be 1 appendix A, are summed using concentration of organic compounds hour in which either an integrated Equations 4 and 5 in paragraph (CTOC), the principal organic regulated sample or a minimum of four grab (e)(2)(iv)(B)(1) of this section. material in the vent stream shall be used samples shall be taken. If grab sampling (3) Where the mass rate of total as the calibration gas. is used, then the samples shall be taken organic regulated material is being (2) An emission testing interval shall at approximately equal intervals in time, calculated, only the species comprising consist of each 15-minute period during such as 15-minute intervals during the the regulated material shall be summed the performance test. For each interval, run. using Equations 4 and 5 in paragraph a reading from each measurement shall (B) Mass rate of TOC or total organic (e)(2)(iv)(B)(1) of this section. be recorded. regulated material. The mass rate of (C) Percent reduction in TOC or total (3) The average organic compound either TOC (minus methane and ethane) organic regulated material for concentration and the volume or total organic regulated material (EI, continuous unit operations and a measurement shall correspond to the Eo) shall be computed as applicable. combination of both continuous and same emissions testing interval. (1) Equations 4 and 5 shall be used. batch unit operations. For continuous (4) The mass at the inlet and outlet of unit operations and for a combination of the control device during each testing  n  both continuous and batch unit interval shall be calculated using E= K∑ C M Q[ Eq . 4] operations, the percent reduction in Equation 7. i2 i j i j i TOC (minus methane and ethane) or  j=1  total organic regulated material shall be M= FKV C[ Eq . 7] calculated using Equation 6. j s t Where:  n  − EE Mj = Mass of organic compounds = R = i o ()[.100Eq 6] Eo K2 ∑ C oj M oj  Qo [ Eq . 5] emitted during testing interval j, E i  j=1  kilograms. Where: ¥6 Where: F = 10 = Conversion factor, (cubic R = Control efficiency of control device, meters regulated material per cubic EI, Eo = Emission rate of TOC (minus percent. meters air) * (parts per million by methane and ethane) (ETOC) or emission EI = Mass rate of TOC (minus methane volume)¥1. rate of total organic regulated material and ethane) or total organic K = Density, kilograms per standard (ERM) in the sample at the inlet and regulated material at the inlet to the cubic meter organic regulated outlet of the control device, control device as calculated under material. respectively, dry basis, kilogram per paragraph (e)(2)(iv)(B) of this = 659 kilograms per standard cubic hour. section, kilograms TOC per hour or ¥6 meter organic regulated material. K2 = Constant, 2.494 × 10 (parts per kilograms organic regulated ¥1 (Note: The density term cancels out million) (gram-mole per standard material per hour. when the percent reduction is cubic meter) (kilogram per gram) Eo = Mass rate of TOC (minus methane calculated. Therefore, the density (minute per hour), where standard and ethane) or total organic used has no effect. The density of temperature (gram-mole per regulated material at the outlet of hexane is given so that it can be standard cubic meter) is 20 °C. the control device, as calculated used to maintain the units of Mj.) n = Number of components in the under paragraph (e)(2)(iv)(B) of this Vs = Volume of air-vapor mixture sample. section, kilograms TOC per hour or exhausted at standard conditions, Cij, Coj = Concentration on a dry basis kilograms total organic regulated 20 °C and 760 millimeters mercury, of organic compound j in parts per material per hour. standard cubic meters. million by volume of the gas stream (D) Vent stream introduced with Ct = Total concentration of organic at the inlet and outlet of the control combustion air or as secondary fuel. If compounds (as measured) at the device, respectively. If the TOC the vent stream entering a boiler or exhaust vent, parts per million by emission rate is being calculated, Cij process heater with a design capacity volume, dry basis. and Coj include all organic less than 44 megawatts is introduced compounds measured minus with the combustion air or as a (5) The organic compound mass methane and ethane; if the total secondary fuel, the weight-percent emission rates at the inlet and outlet of organic regulated material reduction of total organic regulated the control device shall be calculated emissions rate is being calculated, material or TOC (minus methane and using Equations 8 and 9 as follows: only organic regulated material are ethane) across the device shall be n included. determined by comparing the TOC ∑ M i j Mij, Moj = Molecular weight of organic (minus methane and ethane) or total = j=1 compound j, gram per gram-mole, organic regulated material in all E i [Eq . 8] of the gas stream at the inlet and combusted vent streams and primary T

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n limit, the test results must show that the such records as may be necessary to ∑ Moj mass emission rate of total hydrogen determine the conditions of = E = j 1 [Eq . 9] halides and halogens measured at the performance tests performed pursuant o T outlet of the scrubber or other halogen to §§ 63.988(b), 63.990(b), 63.994(b), or Where: reduction device is below the kilogram 63.995(b). per hour outlet emission limit specified (ii) Nonflare control device and Ei, Eo = Mass flow rate of organic in a referencing subpart. halogen reduction device performance compounds at the inlet (i) and test records. (A) General requirements. outlet (o) of the control device, § 63.998 Recordkeeping requirements. Each owner or operator subject to the kilograms per hour. (a) Compliance assessment, provisions of this subpart shall keep up- n = Number of testing intervals. monitoring, and compliance records. (1) to-date, readily accessible continuous Mij, Moj = Mass of organic compounds Conditions of flare compliance records of the data specified in at the inlet (i) or outlet (o) during assessment, monitoring, and (a)(2)(ii)(B) through (D) of this section, testing interval j, kilograms. compliance records. Upon request, the as applicable, measured during each T = Total time of all testing intervals, owner or operator shall make available performance test performed pursuant to hours. to the Administrator such records as §§ 63.988(b), 63.990(b), 63.994(b), or (3) An owner or operator using a may be necessary to determine the 63.995(b), and also include that data in halogen scrubber or other halogen conditions of flare compliance the Notification of Compliance Status reduction device to control process vent assessments performed pursuant to required under § 63.999(b). The same and transfer rack halogenated vent § 63.987(b). data specified in this section shall be streams in compliance with a (i) Flare compliance assessment submitted in the reports of all referencing subpart, who is required to records. When using a flare to comply subsequently required performance tests conduct a performance test to determine with this subpart, record the where either the emission control compliance with a control efficiency or information specified in paragraphs efficiency of a combustion device, or the emission limit for hydrogen halides and (a)(1)(i)(A) through (C) of this section for outlet concentration of TOC or regulated halogens, shall follow the procedures each flare compliance assessment material is determined. specified in paragraphs (e)(3) (i) through performed pursuant to § 63.987(b). As (B) Nonflare combustion device. (iv) of this section. specified in § 63.999(a)(2)(iii)(A), the Where an owner or operator subject to (i) For an owner or operator owner or operator shall include this the provisions of this paragraph seeks to determining compliance with the information in the flare compliance demonstrate compliance with a percent percent reduction of total hydrogen assessment report. reduction requirement or a parts per halides and halogens, sampling sites (A) Flare design (i.e., steam-assisted, million by volume requirement using a shall be located at the inlet and outlet air-assisted, or non-assisted); nonflare combustion device the of the scrubber or other halogen (B) All visible emission readings, heat information specified in (a)(2)(ii)(B)(1) reduction device used to reduce halogen content determinations, flow rate through (6) of this section shall be emissions. For an owner or operator measurements, and exit velocity recorded. determining compliance with a determinations made during the flare (1) For thermal incinerators, record kilogram per hour outlet emission limit compliance assessment; and the fire box temperature averaged over for total hydrogen halides and halogens, (C) All periods during the flare the full period of the performance test. the sampling site shall be located at the compliance assessment when all pilot (2) For catalytic incinerators, record outlet of the scrubber or other halogen flames are absent or, if only the flare the upstream and downstream reduction device and prior to any flame is monitored, all periods when the temperatures and the temperature releases to the atmosphere. flare flame is absent. difference across the catalyst bed (ii) Except as provided in paragraph (ii) Monitoring records. Each owner or averaged over the full period of the (e)(1)(iv) of this section, Method 26 or operator shall keep up to date and performance test. Method 26A of 40 CFR part 60, readily accessible hourly records of (3) For a boiler or process heater with appendix A, shall be used to determine whether the monitor is continuously a design heat input capacity less than 44 the concentration, in milligrams per dry operating and whether the flare flame or megawatts and a vent stream that is not standard cubic meter, of total hydrogen at least one pilot flame is continuously introduced with or as the primary fuel, halides and halogens that may be present. For transfer racks, hourly record the fire box temperature averaged present in the vent stream. The mass records are required only while the over the full period of the performance emissions of each hydrogen halide and transfer rack vent stream is being test. halogen compound shall be calculated vented. (4) For an incinerator, record the from the measured concentrations and (iii) Compliance records. (A) Each percent reduction of organic regulated the gas stream flow rate. owner or operator shall keep records of material, if applicable, or TOC achieved (iii) To determine compliance with the times and duration of all periods by the incinerator determined as the percent removal efficiency, the mass during which the flare flame or all the specified in § 63.997(e)(2)(iv), as emissions for any hydrogen halides and pilot flames are absent. This record shall applicable, or the concentration of halogens present at the inlet of the be submitted in the periodic reports as organic regulated material (parts per halogen reduction device shall be specified in § 63.999(c)(8). million by volume, by compound) summed together. The mass emissions (B) Each owner or operator shall keep determined as specified in of the compounds present at the outlet records of the times and durations of all § 63.997(e)(2)(iii) at the outlet of the of the scrubber or other halogen periods during which the monitor is not incinerator. reduction device shall be summed operating. (5) For a boiler or process heater, together. Percent reduction shall be (2) Nonflare control device record a description of the location at determined by comparison of the performance test records. (i) Availability which the vent stream is introduced summed inlet and outlet measurements. of performance test records. Upon into the boiler or process heater. (iv) To demonstrate compliance with request, the owner or operator shall (6) For a boiler or process heater with a kilogram per hour outlet emission make available to the Administrator a design heat input capacity of less than

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44 megawatts and where the process (2) The pH of the scrubber effluent subpart. Submit this record in the vent stream is introduced with averaged over the time period of the Notification of Compliance Status, as combustion air or used as a secondary performance test; and specified in § 63.999(b)(4). If the owner fuel and is not mixed with the primary (3) The scrubber liquid-to-gas ratio or operator designates the vent stream as fuel, record the percent reduction of averaged over the time period of the halogenated, then this shall be recorded organic regulated material or TOC, or performance test. and reported in the Notification of the concentration of regulated material (3) Recovery device monitoring Compliance Status report. or TOC (parts per million by volume, by records during TRE index value (b) Continuous records and compound) determined as specified in determination. For process vents that monitoring system data handling. (1) § 63.997(e)(2) at the outlet of the require control of emissions under a Continuous records. Where this subpart combustion device. referencing subpart, owners or operators requires a continuous record, the owner (C) Other nonflare control devices. using a recovery device to maintain a or operator shall maintain a record as Where an owner or operator seeks to use TRE above a level specified in the specified in paragraphs (b)(1)(i) through an absorber, condenser, or carbon referencing subpart shall maintain the (iv) of this section, as applicable: adsorber as a control device, the continuous records specified in (i) A record of values measured at information specified in paragraphs paragraph (a)(3)(i) through (v) of this least once every 15 minutes or each (a)(2)(ii)(C)(1) through (5) of this section section, as applicable, and submit measured value for systems which shall be recorded, as applicable. reports as specified in measure more frequently than once (1) Where an absorber is used as the § 63.999(a)(2)(iii)(C). every 15 minutes; or (i) Where an absorber is the final control device, the exit specific gravity (ii) A record of block average values recovery device in the recovery system and average exit temperature of the for 15-minute or shorter periods and the saturated scrubbing fluid and absorbing liquid averaged over the same calculated from all measured data specific gravity of the scrubbing fluid is time period as the performance test values during each period or from at greater than or equal to 0.02 specific (both measured while the vent stream is least one measured data value per gravity units, the exit specific gravity (or normally routed and constituted); or minute if measured more frequently alternative parameter that is a measure (2) Where a condenser is used as the than once per minute. of the degree of absorbing liquid control device, the average exit (product (iii) Where data is collected from an saturation if approved by the side) temperature averaged over the automated continuous parameter Administrator) and average exit same time period as the performance monitoring system, the owner or temperature of the absorbing liquid test while the vent stream is routed and operator may calculate and retain block averaged over the same time period as constituted normally; or hourly average values from each 15- the TRE index value determination (3) Where a carbon adsorber is used minute block average period or from at (both measured while the vent stream is as the control device, the total least one measured value per minute if normally routed and constituted); or regeneration stream mass flow during (ii) Where a condenser is the final measured more frequently than once per each carbon-bed regeneration cycle recovery device in the recovery system, minute, and discard all but the most during the period of the performance the average exit (product side) recent three valid hours of continuous test, and temperature of the carbon-bed temperature averaged over the same (15-minute or shorter) records, if the after each regeneration during the time period as the TRE index value hourly averages do not exclude periods period of the performance test (and determination while the vent stream is of CPMS breakdown or malfunction. An within 15 minutes of completion of any routed and constituted normally; or automated CPMS records the measured cooling cycle or cycles; or (iii) Where a carbon adsorber is the data and calculates the hourly averages (4) As an alternative to paragraph final recovery device in the recovery through the use of a computerized data (a)(2)(ii)(C)(1), (2), or (3) of this section, system, the total regeneration stream acquisition system. the concentration level or reading mass flow during each carbon-bed (iv) A record as required by an indicated by an organics monitoring regeneration cycle during the period of alternative approved under a device at the outlet of the absorber, the TRE index value determination, and referencing subpart. condenser, or carbon adsorber averaged temperature of the carbon-bed after each (2) Excluded data. Monitoring data over the same time period as the regeneration during the period of the recorded during periods identified in performance test while the vent stream TRE index value determination (and paragraphs (b)(2)(i) through (iii) of this is normally routed and constituted. within 15 minutes of completion of any section shall not be included in any (5) For an absorber, condenser, or cooling cycle or cycles); or average computed to determine carbon adsorber used as a control (iv) As an alternative to paragraph compliance with an emission limit in a device, the percent reduction of (a)(3)(i), (ii), or (iii) of this section, the referencing subpart. regulated material achieved by the concentration level or reading indicated (i) Monitoring system breakdowns, control device or concentration of by an organics monitoring device at the repairs, preventive maintenance, regulated material (parts per million by outlet of the absorber, condenser, or calibration checks, and zero (low-level) volume, by compound) at the outlet of carbon adsorber averaged over the same and high-level adjustments; the control device. time period as the TRE index value (ii) Periods of non-operation of the (D) Halogen reduction devices. When determination while the vent stream is process unit (or portion thereof), using a scrubber following a combustion normally routed and constituted. resulting in cessation of the emissions to device to control a halogenated vent (v) All measurements and calculations which the monitoring applies; and stream, record the information specified performed to determine the TRE index (iii) Start-ups, shutdowns, and in paragraphs (a)(2)(ii)(D)(1) through (3) value of the vent stream as specified in malfunctions, if the owner or operator of this section. a referencing subpart. follows the applicable provisions of the (1) The percent reduction or scrubber (4) Halogen concentration records. start-up, shutdown, and malfunction outlet mass emission rate of total Record the halogen concentration in the plan required by a referencing subpart hydrogen halides and halogens as vent stream determined according to the and maintains the records specified in specified in § 63.997(e)(3). procedures specified in a referencing paragraph (d)(3) of this section.

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(3) Records of daily averages. In monitored operating parameter values, established limit for the parameter that addition to the records specified in for a monitored parameter with respect is being monitored. paragraph (a), owners or operators shall to an item of equipment, if the (E) The owner or operator shall verify keep records as specified in paragraphs requirements of paragraphs (b)(5)(i)(A) the proper functioning of the monitoring (b)(3)(i) and (ii) of this section and through (F) of this section are met. The system, including its ability to comply submit reports as specified in owner or operator shall notify the with the requirements of paragraph § 63.999(c), unless an alternative Administrator in the Notification of (b)(5)(i) of this section, at the times recordkeeping system has been Compliance Status as specified in specified in paragraphs (b)(5)(i)(E)(1) requested and approved under a § 63.999(b)(5) or, if the Notification of through (3) of this section. The owner or referencing subpart. Compliance Status has already been operator shall document that the (i) Except as specified in paragraph submitted, in the Periodic Report required verifications occurred. (b)(3)(ii) of this section, daily average immediately preceding implementation (1) Upon initial installation. values of each continuously monitored of the requirements of this paragraph, as (2) Annually after initial installation. parameter shall be calculated from data specified in § 63.999(c)(6)(iv). (3) After any change to the meeting the specifications of paragraph (A) The monitoring system is capable programming or equipment constituting (b)(2) of this section for each operating of detecting unrealistic or impossible the monitoring system that might day and retained for 5 years. data during periods of operation other reasonably be expected to alter the (A) The daily average shall be than start-ups, shutdowns or monitoring system’s ability to comply calculated as the average of all values malfunctions (e.g., a temperature with the requirements of this section. (F) The owner or operator shall retain for a monitored parameter recorded reading of ¥200° C on a boiler), and will the records identified in paragraphs during the operating day. The average alert the operator by alarm or other (b)(5)(i)(F)(1) through (4) of this section. shall cover a 24-hour period if operation means. The owner or operator shall is continuous, or the period of operation (1) Identification of each parameter, record the occurrence. All instances of for each item of equipment, for which per operating day if operation is not the alarm or other alert in an operating continuous (e.g., for transfer racks the the owner or operator has elected to day constitute a single occurrence. comply with the requirements of average shall cover periods of loading). (B) The monitoring system generates a If values are measured more frequently paragraph (b)(5)(i) of this section. running average of the monitoring than once per minute, a single value for (2) A description of the applicable values, updated at least hourly each minute may be used to calculate monitoring system(s), and of how throughout each operating day, that the daily average instead of all compliance will be achieved with each have been obtained during that measured values. requirement of paragraph (b)(5)(i)(A) operating day, and the capability to (B) The operating day shall be the through (E) of this section. The observe this average is readily available period defined in the operating permit description shall identify the location to the Administrator on-site during the or in the Notification of Compliance and format (e.g., on-line storage; log operating day. The owner or operator Status. It may be from midnight to entries) for each required record. If the shall record the occurrence of any midnight or another daily period. description changes, the owner or (ii) If all recorded values for a period meeting the criteria in operator shall retain both the current monitored parameter during an paragraphs (b)(5)(i)(B)(1) through (3) of and the most recent superseded operating day are within the range this section. All instances in an description. The description, and the established in the Notification of operating day constitute a single most recent superseded description, Compliance Status or in the operating occurrence. shall be retained as provided in the permit, the owner or operator may (1) The running average is above the subpart that references this subpart, record that all values were within the maximum or below the minimum except as provided in paragraph range and retain this record for 5 years established limits; (b)(5)(i)(F)(1) of this section. rather than calculating and recording a (2) The running average is based on at (3) A description, and the date, of any daily average for that operating day. In least six one-hour average values; and change to the monitoring system that such cases, the owner or operator may (3) The running average reflects a would reasonably be expected to affect not discard the recorded values as period of operation other than a start- its ability to comply with the allowed in paragraph (b)(1)(iii) of this up, shutdown, or malfunction. requirements of paragraph (b)(5)(i) of section. (C) The monitoring system is capable this section. (4) [Reserved] of detecting unchanging data during (4) Owners and operators subject to (5) Alternative recordkeeping. For any periods of operation other than start- paragraph (b)(5)(i)(F)(2) of this section parameter with respect to any item of ups, shutdowns or malfunctions, except shall retain the current description of equipment associated with a process in circumstances where the presence of the monitoring system as long as the vent or transfer rack (except low unchanging data is the expected description is current, but not less than throughput transfer loading racks), the operating condition based on past 5 years from the date of its creation. The owner or operator may implement the experience (e.g., pH in some scrubbers), current description shall be retained on- recordkeeping requirements in and will alert the operator by alarm or site at all times or be accessible from a paragraphs (b)(5)(i) or (ii) of this section other means. The owner or operator central location by computer or other as alternatives to the recordkeeping shall record the occurrence. All means that provides access within 2 provisions listed in paragraphs (b)(1) instances of the alarm or other alert in hours after a request. The owner or through (3) of this section. The owner or an operating day constitute a single operator shall retain the most recent operator shall retain each record occurrence. superseded description at least until 5 required by paragraphs (b)(5)(i) or (ii) of (D) The monitoring system will alert years from the date of its creation. The this section as provided in a referencing the owner or operator by an alarm, if the superseded description shall be retained subpart. running average parameter value on-site (or accessible from a central (i) The owner or operator may retain calculated under paragraph (b)(5)(i)(B) location by computer that provides only the daily average value, and is not of this section reaches a set point that access within 2 hours after a request) at required to retain more frequently is appropriately related to the least 6 months after being superseded.

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Thereafter, the superseded description shall not be considered an excursion if subpart occur, records whether the may be stored off-site. the owner or operator follows the procedures specified in the source’s (ii) If an owner or operator has elected applicable provisions of the start-up, start-up, shutdown, and malfunction to implement the requirements of shutdown, and malfunction plan plan were followed, and documentation paragraph (b)(5)(i) of this section, and a required by a referencing subpart and of actions taken that are not consistent period of 6 consecutive months has maintains the records specified in with the plan. These records may take passed without an excursion as defined paragraph (d)(3) of this section. the form of a ‘‘checklist,’’ or other form in paragraph (b)(6)(i) of this section, the (B) An excused excursion, as of recordkeeping that confirms owner or operator is no longer required described in paragraph (b)(6)(ii), does conformance with the start-up, to record the daily average value for that not count toward the number of shutdown, and malfunction plan for the parameter for that unit of equipment, for excursions for the purposes of this event. any operating day when the daily subpart. (F) Records documenting each start- average value is less than the maximum, (ii) One excused excursion for each up, shutdown, and malfunction event. or greater than the minimum established control device or recovery device for (G) Records of CPMS start-up, limit. With approval by the each semiannual period is allowed. If a shutdown, and malfunction event that Administrator, monitoring data source has developed a start-up, specify that there were no excess generated prior to the compliance date shutdown and malfunction plan, and a emissions during the event, as of this subpart shall be credited toward monitored parameter is outside its applicable. the period of 6 consecutive months, if established range or monitoring data are (H) Records of the total duration of the parameter limit and the monitoring not collected during periods of start-up, operating time. were required and/or approved by the shutdown, or malfunction (and the (2) Combustion control and halogen Administrator. source is operated during such periods reduction device monitoring records. (i) (A) If the owner or operator elects not in accordance with the start-up, Each owner or operator using a to retain the daily average values, the shutdown, and malfunction plan) or combustion control or halogen owner or operator shall notify the during periods of nonoperation of the reduction device to comply with this Administrator in the next Periodic process unit or portion thereof (resulting subpart shall keep the following records Report, as specified in § 63.999(c)(6)(i). in cessation of the emissions to which up-to-date and readily accessible, as The notification shall identify the monitoring applies), then the excursion applicable. Continuous records of the parameter and unit of equipment. is not a violation and, in cases where equipment operating parameters (B) If there is an excursion as defined continuous monitoring is required, the specified to be monitored under in paragraph (b)(6)(i) of this section on excursion does not count as the excused §§ 63.988(c) (incinerator, boiler, and any operating day after the owner or excursion for determining compliance. process heater monitoring), 63.994(c) operator has ceased recording daily (c) Nonflare control and recovery (halogen reduction device monitoring), averages as provided in paragraph device regulated source monitoring and 63.995(c) (other combustion (b)(5)(ii) of this section, the owner or records. (1) Monitoring system records. systems used as control device operator shall immediately resume For process vents and high throughput monitoring) or approved by the retaining the daily average value for transfer racks, the owner or operator Administrator in accordance with a each operating day, and shall notify the subject to this subpart shall keep the referencing subpart. Administrator in the next Periodic records specified in this paragraph, as (ii) Each owner or operator shall keep Report, as specified in § 63.999(c). The well as records specified elsewhere in records of the daily average value of owner or operator shall continue to this subpart. each continuously monitored parameter retain each daily average value until (i) For a CPMS used to comply with for each operating day determined another period of 6 consecutive months this part, a record of the procedure used according to the procedures specified in has passed without an excursion as for calibrating the CPMS. paragraph (b)(3)(i) of this section. For defined in paragraph (b)(6)(i) of this (ii) For a CPMS used to comply with catalytic incinerators, record the daily section. this subpart, records of the information average of the temperature upstream of (C) The owner or operator shall retain specified in paragraphs (c)(ii)(A) the catalyst bed and the daily average of the records specified in paragraphs through (H) of this section, as indicated the temperature differential across the (b)(5)(i)(A) through (F) of this section for in a referencing subpart. bed. For halogen scrubbers record the the duration specified in a referencing (A) The date and time of completion daily average pH and the liquid-to-gas subpart. For any week, if compliance of calibration and preventive ratio. with paragraphs (b)(5)(i)(A) through (D) maintenance of the CPMS. (iii) Each owner or operator subject to of this section does not result in (B) The ‘‘as found’’ and ‘‘as left’’ the provisions of this subpart shall keep retention of a record of at least one CPMS readings, whenever an up-to-date, readily accessible records of occurrence or measured parameter adjustment is made that affects the periods of operation during which the value, the owner or operator shall CPMS reading and a ‘‘no adjustment’’ parameter boundaries are exceeded. The record and retain at least one parameter statement otherwise. parameter boundaries are established value during a period of operation other (C) The start time and duration or pursuant to § 63.996(c)(6). than a start-up, shutdown, or start and stop times of any periods when (3) Monitoring records for recovery malfunction. the CPMS is inoperative. devices, absorbers, condensers, carbon (6)(i) For the purposes of this section, (D) Records of the occurrence and adsorbers or other noncombustion an excursion means that the daily duration of each start-up, shutdown, systems used as control devices. (i) Each average value of monitoring data for a and malfunction of CPMS used to owner or operator using a recovery parameter is greater than the maximum, comply with this subpart during which device to achieve and maintain a TRE or less than the minimum established excess emissions (as defined in a index value greater than the control value, except as provided in paragraphs referencing subpart) occur. applicability level specified in the (b)(6)(i)(A) and (B) of this section. (E) For each start-up, shutdown, and referencing subpart but less than 4.0 or (A) The daily average value during malfunction during which excess using an absorber, condenser, carbon any start-up, shutdown or malfunction emissions as defined in a referencing adsorber or other non-combustion

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In such system during which the control system used as a control device monitoring) or cases, the owner or operator shall record does not meet the applicable as approved by the Administrator in that the monthly visual inspection of specifications of §§ 63.983(a), 63.985(a), accordance with a referencing subpart. the seals or closure mechanisms has or 63.987(a), as applicable, due to the For transfer racks, continuous records been done, and shall record the planned routine maintenance. Such a are required while the transfer vent occurrence of all periods when the seal record shall include the information stream is being vented. mechanism is broken, the bypass line specified in paragraphs (d)(2)(ii)(A) (ii) Each owner or operator shall keep valve position has changed, or the key through (C) of this section. This records of the daily average value of for a lock-and-key type lock has been information shall be submitted in the each continuously monitored parameter checked out, and records of any car-seal Periodic Reports as specified in for each operating day determined that has been broken. § 63.999(c)(4). according to the procedures specified in (iii) For a closed vent system (A) The first time of day and date the paragraph (b)(3)(i) of this section. If collecting regulated material from a requirements of §§ 63.983(a), carbon adsorber regeneration stream regulated source, when a leak is § 63.985(a), or § 63.987(a), as applicable, flow and carbon bed regeneration detected as specified in § 63.983(d)(2), were not met at the beginning of the temperature are monitored, the records the information specified in paragraphs planned routine maintenance, and (B) The first time of day and date the specified in paragraphs (c)(3)(ii)(A) and (d)(1)(iii)(A) through (F) of this section requirements of §§ 63.983(a), 63.985(a), (B) of this section shall be kept instead shall be recorded and kept for 5 years. or 63.987(a), as applicable, were met at of the daily averages. (A) The instrument and the the conclusion of the planned routine (A) Records of total regeneration equipment identification number and stream mass or volumetric flow for each maintenance. the operator name, initials, or (C) A description of the type of carbon-bed regeneration cycle. identification number. (B) Records of the temperature of the maintenance performed. (B) The date the leak was detected carbon bed after each regeneration and (3) Regulated source and control and the date of the first attempt to repair within 15 minutes of completing any equipment start-up, shutdown and the leak. cooling cycle. malfunction records. (i) Records of the (iii) Each owner or operator subject to (C) The date of successful repair of the occurrence and duration of each start- the provisions of this subpart shall keep leak. up, shutdown, and malfunction of up-to-date, readily accessible records of (D) The maximum instrument reading operation of process equipment or of air periods of operation during which the measured by the procedures in pollution control equipment used to parameter boundaries are exceeded. The § 63.983(c) after the leak is successfully comply with this part during which parameter boundaries are established repaired or determined to be excess emissions (as defined in a pursuant to § 63.996(c)(6). nonrepairable. referencing subpart) occur. (d) Other records. (1) Closed vent (E) ‘‘Repair delayed’’ and the reason (ii) For each start-up, shutdown, and system records. For closed vent systems for the delay if a leak is not repaired malfunction during which excess the owner or operator shall record the within 15 days after discovery of the emissions occur, records that the information specified in paragraphs leak. The owner or operator may procedures specified in the source’s (d)(1)(i) through (iv) of this section, as develop a written procedure that start-up, shutdown, and malfunction applicable. identifies the conditions that justify a plan were followed, and documentation (i) For closed vent systems collecting delay of repair. In such cases, reasons of actions taken that are not consistent regulated material from a regulated for delay of repair may be documented with the plan. For example, if a start-up, source, the owner or operator shall by citing the relevant sections of the shutdown, and malfunction plan record the identification of all parts of written procedure. includes procedures for routing control the closed vent system, that are (F) Copies of the Periodic Reports as device emissions to a backup control designated as unsafe or difficult to specified in § 63.999(c), if records are device (e.g., the incinerator for a inspect, an explanation of why the not maintained on a computerized halogenated stream could be routed to a equipment is unsafe or difficult to database capable of generating summary flare during periods when the primary inspect, and the plan for inspecting the reports from the records. control device is out of service), records equipment required by § 63.983(b)(2)(ii) (iv) For each instrumental or visual must be kept of whether the plan was or (iii) of this section. inspection conducted in accordance followed. These records may take the (ii) For each closed vent system that with § 63.983(b)(1) for closed vent form of a ‘‘checklist,’’ or other form of contains bypass lines that could divert systems collecting regulated material recordkeeping that confirms a vent stream away from the control from a regulated source during which conformance with the start-up, device and to the atmosphere, the owner no leaks are detected, the owner or shutdown, and malfunction plan for the or operator shall keep a record of the operator shall record that the inspection event. information specified in either was performed, the date of the (4) Equipment leak records. The paragraph (d)(1)(ii)(A) or (B) of this inspection, and a statement that no owner or operator shall maintain section, as applicable. leaks were detected. records of the information specified in (A) Hourly records of whether the (2) Storage vessel and transfer rack paragraphs (d)(4)(i) and (ii) of this flow indicator specified under records. An owner or operator shall section for closed vent systems and § 63.983(a)(3)(i) was operating and keep readily accessible records of the control devices if specified by the whether a diversion was detected at any information specified in paragraphs equipment leak provisions in a

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34884 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations referencing subpart. The records an affected facility shall notify the tests performed for the same kind of specified in paragraph (d)(4)(i) of this Administrator as soon as possible of any emission point using the same method, section shall be retained for the life of delay in the original demonstration the results and any other information the equipment. The records specified in date. The owner or operator shall required in applicable sections of this paragraph (d)(4)(ii) of this section shall provide at least 7 days prior notice of subpart shall be submitted, but a be retained for 5 years. the rescheduled date of the compliance complete test report is not required. (i) The design specifications and demonstration, or arrange a rescheduled (ii) A complete test report shall performance demonstrations specified date with the Administrator by mutual include a brief process description, in paragraphs (d)(4)(i)(A) through (C) of agreement. sampling site description, description of this section. (ii) Unless specified differently in this sampling and analysis procedures and (A) Detailed schematics, design subpart or a referencing subpart, any modifications to standard specifications of the control device, and performance test and flare compliance procedures, quality assurance piping and instrumentation diagrams. assessment reports, not submitted as procedures, record of operating (B) The dates and descriptions of any part of a Notification of Compliance conditions during the test, record of changes in the design specifications. Status report, shall be submitted to the preparation of standards, record of (C) A description of the parameter or Administrator within 60 days of calibrations, raw data sheets for field parameters monitored, as required in a completing the test or determination. sampling, raw data sheets for field and referencing subpart, to ensure that (iii) Any application for a waiver of an laboratory analyses, documentation of control devices are operated and initial performance test or flare calculations, and any other information maintained in conformance with their compliance assessment, as allowed by required by the test method. design and an explanation of why that § 63.997(b)(2), shall be submitted no (iii) The performance test or flare parameter (or parameters) was selected later than 90 days before the compliance assessment report shall also for the monitoring. performance test or compliance include the information specified in (ii) Records of operation of closed assessment is required. The application (a)(2)(iii)(A) through (C) of this section, vent systems and control devices, as for a waiver shall include information as applicable. specified in paragraphs (d)(4)(ii)(A) justifying the owner or operator’s (A) For flare compliance assessments, through (C) of this section. request for a waiver, such as the the owner or operator shall submit the (A) Dates and durations when the technical or economic infeasibility, or records specified in § 63.998(a)(1)(i). closed vent systems and control devices the impracticality, of the source (B) For nonflare control device and required are not operated as designed as performing the test. halogen reduction device performance indicated by the monitored parameters. (iv) Any application to substitute a tests as required under §§ 63.988(b), (B) Dates and durations during which prior performance test or compliance 63.990(b), 63.994(b), or 63.995(b), also the monitoring system or monitoring assessment for an initial performance submit the records specified in device is inoperative. test or compliance assessment, as § 63.998(a)(2)(ii), as applicable. (C) Dates and durations of start-ups allowed by § 63.997(b)(1), shall be (C) For recovery devices also submit and shutdowns of control devices submitted no later than 90 days before the records specified in § 63.998(a)(3), required in this subpart. the performance test or compliance test as applicable. (5) Records of monitored parameters is required. The application for (b) Notification of Compliance Status. outside of range. The owner or operator substitution shall include information (1) Routing storage vessel or transfer shall record the occurrences and the demonstrating that the prior rack emissions to a process or fuel gas cause of periods when the monitored performance test or compliance system. An owner or operator who parameters are outside of the parameter assessment was conducted using the elects to comply with § 63.982 by ranges documented in the Notification same methods specified in § 63.997(e) or routing emissions from a storage vessel of Compliance Status report. This § 63.987(b)(3), as applicable. The or transfer rack to a process or to a fuel information shall also be reported in the application shall also include gas system, as specified in § 63.984, Periodic Report. information demonstrating that no shall submit as part of the Notification process changes have been made since of Compliance Status the information § 63.999 Notifications and other reports. the test, or that the results of the specified in paragraphs (b)(1)(i) and (ii), (a) Performance test and flare performance test or compliance or (iii) of this section, as applicable. compliance assessment notifications assessment reliably demonstrate (i) If storage vessels emissions are and reports. (1) General requirements. compliance despite process changes. routed to a process, the owner or General requirements for performance (2) Performance test and flare operator shall submit the information test and flare compliance assessment compliance assessment report submittal specified in § 63.984(b)(2) and (3). notifications and reports are specified in and content requirements. Performance (ii) As specified in § 63.984(c), if paragraphs (a)(1)(i) through (iii) of this test and flare compliance assessment storage vessels emissions are routed to section. reports shall be submitted as specified a fuel gas system, the owner or operator (i) The owner or operator shall notify in paragraphs (a)(2)(i) through (iii) of shall submit a statement that the the Administrator of the intention to this section. emission stream is connected to the fuel conduct a performance test or flare (i) For performance tests or flare gas system and whether the conveyance compliance assessment at least 30 days compliance assessments, the system is subject to the requirements of before such a compliance demonstration Notification of Compliance Status or § 63.983. is scheduled to allow the Administrator performance test and flare compliance (iii) As specified in § 63.984(c), report the opportunity to have an observer assessment report shall include one that the transfer rack emission stream is present. If after 30 days notice for such complete test report as specified in being routed to a fuel gas system or an initially scheduled compliance paragraph (a)(2)(ii) of this section for process, when complying with a demonstration, there is a delay (due to each test method used for a particular referencing subpart. operational problems, etc.) in kind of emission point and other (2) Routing storage vessel or low conducting the scheduled compliance applicable information specified in throughput transfer rack emissions to a demonstration, the owner or operator of (a)(2)(iii) of this section. For additional nonflare control device. An owner or

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The transfer rack to a nonflare control or transfer rack and control device for owner or operator shall submit as part device, as specified in § 63.985, shall which the performance test will be of the Notification of Compliance Status submit, with the Notification of submitted, and identification of the the information recorded pursuant to Compliance Status required by a emission point(s), if any, that share the § 63.998(a)(4). referencing subpart, the applicable control device with the storage vessel or (5) Alternative recordkeeping. The information specified in paragraphs transfer rack and for which the owner or operator shall notify the (b)(2)(i) through (vi) of this section. performance test will be conducted. Administrator in the Notification of Owners and operators who elect to (3) Operating range for monitored Compliance Status if the alternative comply with § 63.985(b)(1)(i) by parameters. The owner or operator shall recordkeeping requirements of submitting a design evaluation shall submit as part of the Notification of § 63.998(b)(5) are being implemented. If submit the information specified in Compliance Status, the operating range the Notification of Compliance Status paragraphs (b)(2)(i) through (iv) of this for each monitoring parameter has already been submitted, the section. Owners and operators who elect identified for each control, recovery, or notification must be in the periodic to comply with § 63.985(b)(1)(ii) by halogen reduction device as determined report submitted immediately preceding submitting performance test results from pursuant to § 63.996(c)(6). The specified implementation of the alternative, as a control device for a storage vessel or operating range shall represent the specified in paragraph (c)(6)(iv) of this low throughput transfer rack shall conditions for which the control, section. submit the information specified in recovery, or halogen reduction device is (c) Periodic reports. (1) Periodic paragraphs (b)(2)(i), (ii), (iv), and (v) of being properly operated and reports shall include the reporting this section. Owners and operators who maintained. This report shall include period dates, the total source operating elect to comply with § 63.985(b)(1)(ii) by the information in paragraphs (b)(3)(i) time for the reporting period, and, as submitting performance test results from through (iii) of this section, as applicable, all information specified in a shared control device shall submit the applicable, unless the range and the this section and in the referencing information specified in paragraph operating day have been established in subpart, including reports of periods (b)(2)(vi) of this section. the operating permit. when monitored parameters are outside (i) A description of the parameter or (i) The specific range of the monitored their established ranges. parameters to be monitored to ensure parameter(s) for each emission point; (2) For closed vent systems subject to that the control device is being properly (ii) The rationale for the specific range the requirements of § 63.983, the owner operated and maintained, an for each parameter for each emission or operator shall submit as part of the explanation of the criteria used for point, including any data and periodic report the information selection of that parameter (or calculations used to develop the range specified in paragraphs (c)(2)(i) through parameters), and the frequency with and a description of why the range (iii) of this section, as applicable. which monitoring will be performed indicates proper operation of the (i) The information recorded in (e.g., when the liquid level in the control, recovery, or halogen reduction § 63.998(d)(1)(iii)(B) through (E); storage vessel is being raised). If device, as specified in paragraphs (ii) Reports of the times of all periods continuous records are specified, (b)(3)(ii)(A), (B), or (C) of this section, as recorded under § 63.998(d)(1)(ii)(A) indicate whether the provisions of applicable. when the vent stream is diverted from § 63.999(c)(6) apply. (A) If a performance test or TRE index the control device through a bypass line; (ii) The operating range for each value determination is required by a and monitoring parameter identified in the referencing subpart for a control, (iii) Reports of all times recorded monitoring plan required by recovery or halogen reduction device, under § 63.998(d)(1)(ii)(B) when § 63.985(c)(1). The specified operating the range shall be based on the maintenance is performed in car-sealed range shall represent the conditions for parameter values measured during the valves, when the seal is broken, when which the control device is being TRE index value determination or the bypass line valve position is properly operated and maintained. performance test and may be changed, or the key for a lock-and-key (iii) The documentation specified in supplemented by engineering type configuration has been checked § 63.985(b)(1)(i), if the owner or operator assessments and/or manufacturer’s out. elects to prepare a design evaluation. recommendations. TRE index value (3) For flares subject to this subpart, (iv) The provisions of paragraph (c)(6) determinations and performance testing report all periods when all pilot flames of this section do not apply to any low are not required to be conducted over were absent or the flare flame was throughput transfer rack for which the the entire range of permitted parameter absent as recorded in owner or operator has elected to comply values. § 63.998(a)(1)(i)(C). with § 63.985 or to any storage vessel for (B) If a performance test or TRE index (4) For storage vessels, the owner or which the owner or operator is not value determination is not required by operator shall include in each periodic required, by the applicable monitoring a referencing subpart for a control, report required the information plan established under § 63.985(c)(1), to recovery, or halogen reduction device, specified in paragraphs (c)(4)(i) through keep continuous records. If continuous the range may be based solely on (iii) of this section. records are required, the owner or engineering assessments and/or (i) For the 6-month period covered by operator shall specify in the monitoring manufacturer’s recommendations. the periodic report, the information plan whether the provisions of (C) The range may be based on ranges recorded in § 63.998(d)(2)(ii)(A) through paragraph (c)(6) of this section apply. or limits previously established under a (C). (v) A summary of the results of the referencing subpart. (ii) For the time period covered by the performance test described in (iii) A definition of the source’s periodic report and the previous § 63.985(b)(1)(ii). If such a performance operating day for purposes of periodic report, the total number of test is conducted, submit the results of determining daily average values of hours that the control system did not the performance test, including the monitored parameters. The definition meet the requirements of §§ 63.983(a),

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63.985(a), or 63.987(a) due to planned hours in an operating day and more the review and approval of such routine maintenance. than one of the hours during the period requests. The information specified in (iii) A description of the planned of operation does not constitute a valid paragraphs (d)(1)(i) and (ii) of this routine maintenance during the next 6- hour of data due to insufficient section shall be included. month periodic reporting period that is monitoring data. (i) A description of the proposed anticipated to be performed for the (D) Monitoring data are insufficient to alternative system; and control system when it is not expected constitute a valid hour of data as used (ii) Information justifying the owner to meet the required control efficiency. in paragraphs (c)(6)(i)(B) and (C) of this or operator’s request for an alternative This description shall include the type section, if measured values are method, such as the technical or of maintenance necessary, planned unavailable for any of the 15-minute economic infeasibility, or the frequency of maintenance, and expected periods within the hour. impracticality, of the regulated source lengths of maintenance periods. (ii) Report all carbon-bed regeneration using the required method. (5) If a control device other than a cycles during which the parameters (2) Monitoring a different parameter flare is used to control emissions from recorded under § 63.998(a)(2)(ii)(C) were than those listed. Requests for approval storage vessels or low throughput outside the ranges established in the to monitor a different parameter than transfer racks, the periodic report shall Notification of Compliance Status or in those established in § 63.996(c)(6) of describe each occurrence when the the operating permit. this section or to set unique monitoring monitored parameters were outside of (iii) The provisions of paragraph parameters, as provided for in the parameter ranges documented in the (c)(6)(i) and (ii) of this section do not § 63.996(d)(2), shall be submitted as Notification of Compliance Status in apply to any low throughput transfer specified as specified in a referencing accordance with paragraph (b)(3) of this rack for which the owner or operator subpart, and the referencing subpart section. The description shall include has elected to comply with § 63.985 or will govern the review and approval of the information specified in paragraphs to any storage vessel for which the such requests. The information (c)(5)(i) and (ii) of this section. owner or operator is not required, by the specified in paragraphs (d)(2)(i) through (i) Identification of the control device applicable monitoring plan established (iii) of this section shall be included in for which the measured parameters under § 63.985(c)(1), to keep continuous the request. were outside of the established ranges, records. If continuous records are (i) A description of the parameter(s) to and required, the owner or operator shall be monitored to ensure the control (ii) The cause for the measured specify in the monitoring plan whether technology or pollution prevention parameters to be outside of the the provisions of paragraphs (c)(6)(i) measure is operated in conformance established ranges. and (c)(6)(ii) of this section apply. with its design and achieves the (6) For process vents and transfer (iv) If the owner or operator has specified emission limit, percent racks (except low throughput transfer chosen to use the alternative reduction, or nominal efficiency, and an racks), periodic reports shall include the recordkeeping requirements of explanation of the criteria used to select information specified in paragraphs § 63.998(b)(5), and has not notified the the parameter(s); (c)(6)(i) through (iv) of this section. Administrator in the Notification of (ii) A description of the methods and (i) Periodic reports shall include the Compliance Status that the alternative procedures that will be used to daily average values of monitored recordkeeping provisions are being demonstrate that the parameter parameters, calculated as specified in implemented as specified in paragraph indicates proper operation of the control § 63.998(b)(3)(i) for any days when the (b)(5) of this section, the owner or device, the schedule for this daily average value is outside the operator shall notify the Administrator demonstration, and a statement that the bounds as defined in § 63.998(c)(2)(iii) in the periodic report submitted owner or operator will establish a range or (c)(3)(iii), or the data availability immediately preceding implementation for the monitored parameter(s) as part of requirements defined in paragraphs of the alternative. The notifications the Notification of Compliance Status if (c)(6)(i)(A) through (D) of this section specified in § 63.998(b)(5)(ii) shall be required under a referencing subpart, are not met, whether these excursions included in the next Periodic Report unless this information has already been are excused or unexcused excursions. following the identified event. submitted; and For excursions caused by lack of (7) As specified in § 63.997(c)(3), if an (iii) The frequency and content of monitoring data, the duration of periods owner or operator at a facility not monitoring, recording, and reporting, if when monitoring data were not required to obtain a title V permit elects monitoring and recording is not collected shall be specified. An at a later date to replace an existing continuous, or if reports of daily average excursion means any of the cases listed control or recovery device with a values when the monitored parameter in paragraphs (c)(6)(i)(A) through (C) of different control or recovery device, value is outside the established range this section. If the owner or operator then the Administrator shall be notified will not be included in periodic reports elects not to retain the daily average by the owner or operator before under paragraph (c) of this section. The values pursuant to § 63.998(b)(5)(ii)(A), implementing the change. This rationale for the proposed monitoring, the owner or operator shall report this notification may be included in the recording, and reporting system shall be in the periodic report. facility’s periodic reporting. included. (A) When the daily average value of (d) Requests for approval of 3. Part 63 is amended by adding one or more monitored parameters is monitoring alternatives. (1) Alternatives subpart TT to read as follows: outside the permitted range. to the continuous operating parameter monitoring and recordkeeping Subpart TTÐNational Emission Standards (B) When the period of control or for Equipment LeaksÐControl Level 1 recovery device operation is 4 hours or provisions. Requests for approval to use greater in an operating day and alternatives to continuous operating Sec. parameter monitoring and 63.1000 Applicability. monitoring data are insufficient to 63.1001 Definitions. constitute a valid hour of data for at recordkeeping provisions, as provided 63.1002 Compliance determination. least 75 percent of the operating hours. for in § 63.996(d)(1), shall be submitted 63.1003 Equipment identification. (C) When the period of control or as specified in a referencing subpart, 63.1004 Instrument and sensory monitoring recovery device operation is less than 4 and the referencing subpart will govern for leaks.

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63.1005 Leak repair. nonprocess lines, such as heating and open-ended valve or line, valve, 63.1006 Valves in gas and vapor service and cooling systems which do not combine connector, and instrumentation system in light liquid service standards. their materials with those in the in regulated material service; and any 63.1007 Pumps in light liquid service processes they serve, are not considered control devices or systems used to standards. 63.1008 Connectors in gas and vapor to be part of a process unit or affected comply with this subpart. service and in light liquid service facility. First attempt at repair, for the purposes of this subpart, means to take standards. § 63.1001 Definitions. 63.1009 Agitators in gas and vapor service action for the purpose of stopping or and in light liquid service standards. All terms used in this part shall have reducing leakage of organic material to 63.1010 Pumps, valves, connectors, and the meaning given them in the Act and the atmosphere, followed by monitoring agitators in heavy liquid service; in this section. as specified in § 63.1004(b) and, as pressure relief devices in liquid service; Closed-loop system means an applicable, in § 63.1004(c) of this and instrumentation systems standards. enclosed system that returns process subpart, as appropriate, to verify 63.1011 Pressure relief devices in gas and fluid to the process and is not vented whether the leak is repaired, unless the vapor service standards. directly to the atmosphere. 63.1012 Compressor standards. owner or operator determines by other Closed-purge system means a system means that the leak is not repaired. 63.1013 Sampling connection systems or combination of systems and portable standards. Fuel gas means gases that are 63.1014 Open-ended valves or lines containers to capture purged liquids. combusted to derive useful work or standards. Containers must be covered or closed heat. 63.1015 Closed vent systems and control when not being filled or emptied. Fuel gas system means the offsite and devices; or emissions routed to a fuel gas Closed-vent system means a system onsite piping and flow and pressure system or process standards. that is not open to the atmosphere and control system that gathers gaseous 63.1016 Alternative means of emission is composed of piping, ductwork, stream(s) generated by onsite limitation: Enclosed-vented process connections, and, if necessary, flow units. operations, may blend them with other inducing devices that transport gas or sources of gas, and transports the 63.1017 Recordkeeping requirements. vapor from an emission point to a 63.1018 Reporting requirements. gaseous stream for use as a fuel gas in control device. combustion equipment, such as Subpart TTÐNational Emission Combustion device means an furnaces and gas turbines, either singly Standards for Equipment LeaksÐ individual unit of equipment, such as a or in combination. Control Level 1 flare, incinerator, process heater, or In gas or vapor service means that a boiler, used for the combustion of piece of equipment in regulated material § 63.1000 Applicability. organic emissions. service contains a gas or vapor at Connector means flanged, screwed, or (a) The provisions of this subpart operating conditions. other joined fittings used to connect two apply to the control of air emissions In heavy liquid service means that a pipelines or a pipeline and a piece of from equipment leaks for which another piece of equipment in regulated material equipment. A common connector is a subpart references the use of this is not in gas or vapor service or in light flange. Joined fittings welded subpart for such air emission control. liquid service. These air emission standards for completely around the circumference of In light liquid service means that a equipment leaks are placed here for the interface are not considered piece of equipment in regulated- administrative convenience and only connectors for the purpose of this material service contains a liquid that apply to those owners and operators of regulation. For the purpose of reporting meets the following conditions: facilities subject to the referencing and recordkeeping, connector means (1) The vapor pressure of one or more subpart. The provisions of 40 CFR part joined fittings that are not inaccessible, of the organic compounds is greater 63 subpart A (General Provisions) do ceramic, or ceramic-lined (e.g., than 0.3 kilopascals at 20° C, not apply to this subpart except as noted porcelain, glass, or glass-lined) as (2) The total concentration of the pure in the referencing subpart. described in § 63.1008(d)(2) of this organic compounds constituents having (b) [Reserved] subpart. a vapor pressure greater than 0.3 Control device means any combustion (c) Exemptions. Paragraphs (c)(1) kilopascals at 20° C is equal to or greater device, recovery device, recapture through (c)(3) delineate equipment that than 20 percent by weight of the total device, or any combination of these is excluded from the requirements of process stream, and this subpart. devices used to comply with this part. (3) The fluid is a liquid at operating (1) Equipment in vacuum service. Such equipment or devices include, but conditions. Equipment that is in vacuum service is are not limited to, absorbers, carbon excluded from the requirements of this adsorbers, condensers, incinerators, (Note to definition of ‘‘In light liquid subpart. flares, boilers, and process heaters. service’’: Vapor pressures may be determined (2) Equipment in service less than 300 Primary condensers on steam strippers by standard reference texts or ASTM D– 2879.) hours per calendar year. Equipment that or fuel gas systems are not considered is in regulated material service less than control devices. In liquid service means that a piece of 300 hours per calendar year is excluded Distance piece means an open or equipment in regulated material service from the requirements of §§ 63.1006 enclosed casing through which the is not in gas or vapor service. through 63.1015 of this subpart if it is piston rod travels, separating the In organic hazardous air pollutant or identified as required in paragraph compressor cylinder from the crankcase. in organic HAP service means that a (c)(2)(ii) of this section. Double block and bleed system means piece of equipment either contains or (3) Lines and equipment not two block valves connected in series contracts a fluid (liquid or gas) that is containing process fluids. Except as with a bleed valve or line that can vent at least 5 percent by weight of total provided in a referencing subpart, lines the line between the two block valves. organic HAP’s as determined according and equipment not containing process Equipment means each pump, to the provisions of § 63.180(d) of fluids are not subject to the provisions compressor, agitator, pressure relief subpart H. The provisions of § 63.180(d) of this subpart. Utilities, and other device, sampling connection system, of Subpart H also specify how to

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In regulated material service means, equipment from which a leak has been (3) The use of spare equipment and for the purposes of this subpart, detected without a process unit or technically feasible bypassing of equipment which meets the definition affected facility shutdown. equipment without stopping of ‘‘in VOC service’’, ‘‘in VHAP Open-ended valve or line means any production. service’’, ‘‘in organic hazardous air valve, except relief valves, having one Referencing subpart means the pollutant service,’’ or ‘‘in other side of the valve seat in contact with subpart which refers an owner or chemicals or groups of chemicals process fluid and one side open to operator to this subpart. service’’ as defined in the referencing atmosphere, either directly or through Regulated material, for purposes of subpart. open piping. this subpart, refers to gases from volatile In-situ sampling systems means Organic monitoring device means a organic liquids (VOL), volatile organic nonextractive samplers or in-line unit of equipment used to indicate the compounds (VOC), hazardous air samplers. concentration level of organic pollutants (HAP), or other chemicals or In vacuum service means that compounds based on a detection groups of chemicals that are regulated equipment is operating at an internal principle such as infra-red, photo by the referencing subpart. pressure which is at least 5 kilopascals ionization, or thermal conductivity. Regulated source for the purposes of below ambient pressure. Pressure release means the emission this subpart, means the stationary source, the group of stationary sources, Initial startup means for new sources, of materials resulting from the system or the portion of a stationary source that the first time the source begins pressure being greater than the set is regulated by a referencing subpart. production. For additions or changes pressure of the relief device. This Relief device or valve means a valve not defined as a new source by this release can be one release or a series of used only to release an unplanned, subpart, initial startup means the first releases over a short time period due to nonroutine discharge. A relief valve time additional or changed equipment is a malfunction in the process. discharge can result from an operator put into operation. Initial startup does Pressure relief device or valve means error, a malfunction such as a power not include operation solely for testing a safety device used to prevent failure or equipment failure, or other of equipment. Initial startup does not operating pressures from exceeding the unexpected cause that requires include subsequent startup of process maximum allowable working pressure immediate venting of gas from process units following malfunction or process of the process equipment. A common equipment in order to avoid safety unit shutdowns. Except for equipment pressure relief device is a spring-loaded hazards or equipment damage. leaks, initial startup also does not pressure relief valve. Devices that are Repaired, for the purposes of this include subsequent startups (of process actuated either by a pressure of less than subpart means the following: units following changes in product for or equal to 2.5 pounds per square inch (1) Equipment is adjusted, or flexible operation units or following gauge or by a vacuum are not pressure otherwise altered, to eliminate a leak as recharging of equipment in batch unit relief devices. defined in the applicable sections of this operations). Process unit means the equipment subpart, and Instrumentation system means a specified in the definitions of process (2) Equipment, unless otherwise group of equipment components used to unit in the applicable referencing specified in applicable provisions of condition and convey a sample of the subpart. If the referencing subpart does this subpart, is monitored as specified process fluid to analyzers and not define process unit, then for the in § 63.1004(b) and, as applicable in instruments for the purpose of purposes of this part, process unit §§ 63.1004(c) and 63.1015 of this part as determining process operating means the equipment assembled and appropriate, to verify that emissions conditions (e.g., composition, pressure, connected by pipes or ducts to process from the equipment are below the flow, etc.). Valves and connectors are raw materials and to manufacture an applicable leak definition. the predominant type of equipment intended product. Routed to a process or route to a used in instrumentation systems; Process unit shutdown means a work process means the emissions are however, other types of equipment may practice or operational procedure that conveyed to any enclosed portion of a also be included in these systems. Only stops production from a process unit, or process unit where the emissions are valves nominally 1.27 centimeters (0.5 part of a process unit during which it is predominantly recycled and/or inches) and smaller, and connectors technically feasible to clear process consumed in the same manner as a nominally 1.91 centimeters (0.75 material from a process unit, or part of material that fulfills the same function inches) and smaller in diameter are a process unit, consistent with safety in the process and/or transformed by considered instrumentation systems for constraints and during which repairs chemical reaction into materials that are the purposes of this subpart. Valves can be affected. The following are not not regulated materials and/or greater than nominally 1.27 centimeters considered process unit shutdowns: incorporated into a product; and /or (0.5 inches) and connectors greater than (1) An unscheduled work practice or recovered. nominally 1.91 centimeters (0.75 operations procedure that stops Sampling connection system means inches) associated with instrumentation production from a process unit, or part an assembly of equipment within a systems are not considered part of of a process unit, for less than 24 hours. process unit or affected facility used instrumentation systems and must be (2) An unscheduled work practice or during periods of representative monitored individually. operations procedure that would stop operation to take samples of the process Liquids dripping means any visible production from a process unit, or part fluid. Equipment used to take leakage from the seal including of a process unit, for a shorter period of nonroutine grab samples is not dripping, spraying, misting, clouding, time than would be required to clear the considered a sampling connection and ice formation. Indications of liquids process unit, or part of the process unit, system. dripping include puddling or new stains of materials and start up the unit, and Screwed (threaded) connector means that are indicative of an existing would result in greater emissions than a threaded pipe fitting where the evaporated drip. delay of repair of leaking components threads are cut on the pipe wall and the

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(i) Each owner or operator applying connectors meeting the provisions of Sensor means a device that measures for permission shall be responsible for § 63.1008(d)(2) and instrumentation a physical quantity or the change in a collecting and verifying test data for an systems identified pursuant to physical quantity, such as temperature, alternative means of emission paragraph (b)(4) of this section, identify pressure, flow rate, pH, or liquid level. limitation. the connectors subject to the Set pressure means the pressure at (ii) For each kind of equipment for requirements of this subpart. Connectors which a properly operating pressure which permission is requested, the need not be individually identified if all relief device begins to open to relieve emission reduction achieved by the connectors in a designated area or atypical process system operating alternative means of emission limitation length of pipe subject to the provisions pressure. shall be demonstrated. of this subpart are identified as a group, Start-up means the setting into (iii) The Administrator will compare and the number of connectors subject is operation of a piece of equipment or a the demonstrated emission reduction for indicated. control device that is subject to this the alternative means of emission (2) Routed to a process or fuel gas subpart. limitation to the demonstrated emission system or equipped with a closed vent § 63.1002 Compliance determination. reduction for the required work system and control device. Identify the equipment that the owner or operator (a) General procedures for compliance practices. elects to route to a process or fuel gas determination. Compliance with this (iv) The Administrator may condition system or equip with a closed vent subpart will be determined by review of the permission on requirements that system and control device, under the the records required by § 63.1017 and may be necessary to ensure operation provisions of § 63.1007(e)(3) (pumps in the reports required by § 63.1018, by and maintenance to achieve the same or light liquid service), § 63.1009(e)(3) review of performance test results, and greater emission reduction as the (agitators in gas and vapor service and by inspections. required work practices of this subpart. in light liquid service), § 63.1011(d) (b) Alternative means of emission (5) An owner or operator may offer a (pressure relief devices in gas and vapor limitation. The provisions of paragraph unique approach to demonstrate the service), § 63.1012(e) (compressors), or (b) of this section do not apply to the alternative means of emission § 63.1016 (alternative means of emission performance standards of § 63.1001(b) limitation. limitation for enclosed vented process for pressure relief devices, (6) If, in the judgement of the units) of this subpart. § 63.1006(e)(4) for valves designated as Administrator, an alternative means of having no detectable emissions or emission limitation will be approved, (3) Pressure relief devices. Identify the § 63.1012(f) for compressors operating the Administrator will publish a notice pressure relief devices equipped with under the alternative compressor of the determination in the Federal rupture disks, under the provisions of standard. Register. § 63.1011(e) of this subpart. (1) An owner or operator may request (7)(i) Manufacturers of equipment (4) Instrumentation systems. Identify a determination of alternative means of used to control equipment leaks of a instrumentation systems subject to the emission limitation to the requirements regulated material may apply to the provisions of § 63.1010 of this subpart. of §§ 63.1005 through 63.1015 as Administrator for permission for an Individual components in an provided in paragraphs (b)(2) through alternative means of emission limitation instrumentation system need not be (b)(6) of this section. If the that achieves a reduction in emissions identified. Administrator makes a determination of the regulated material achieved by (5) Equipment in service less than 300 that an alternative means of emission the equipment, design, and operational hours per calendar year. The identity, limitation is a permissible alternative, requirements of this subpart. either by list, location (area or group), or the owner or operator shall comply with (ii) The Administrator will grant other method, of equipment in regulated the alternative. permission according to the provisions material service less than 300 hours per (2) Permission to use an alternative of paragraphs (b)(3), (b)(4), (b)(5) and calendar year within a process unit or means of emission limitation shall be (b)(6) of this section. affected facilities subject to the governed by the following procedures in provisions of this subpart shall be § 63.1003 Equipment identification. paragraphs (b)(3) through (b)(6) of this recorded. section. (a) General equipment identification. (c) Special equipment designations: (3) Where the standard is an Equipment subject to this subpart shall Equipment that is unsafe or difficult-to- equipment, design, or operational be identified. Identification of the monitor. (1) Designation and criteria for requirement the criteria specified in equipment does not require physical unsafe-to-monitor. Valves meeting the paragraphs (b)(3)(i) and (b)(3)(ii) shall be tagging of the equipment. For example, provisions of § 63.1006(e)(1), pumps met. the equipment may be identified on a meeting the provisions of (i) Each owner or operator applying plant site plan, in log entries, by § 63.1007(e)(5), connectors meeting the for permission to use an alternative designation of process unit or affected provisions of § 63.1008(d)(1), and means of emission limitation shall be facility boundaries by some form of agitators meeting the provisions of responsible for collecting and verifying weatherproof identification, or by other § 63.1009(e)(7) may be designated emission performance test data for an appropriate methods. unsafe-to-monitor if the owner or alternative means of emission (b) Additional equipment operator determines that monitoring limitation. identification. In addition to the general personnel would be exposed to an (ii) The Administrator will compare identification required by paragraph (a) immediate danger as a consequence of test data for the means of emission of this section, equipment subject to any complying with the monitoring limitation to test data for the equipment, of the provisions in §§ 63.1006 to requirements of this subpart. Examples design, and operational requirements. 63.1015 shall be specifically identified of an unsafe-to-monitor equipment (4) Where the standard is a work as required in paragraphs (b)(1) through include, but is not limited to, equipment practice the criteria specified in (b)(5) of this section, as applicable. under extreme pressure or heat.

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(2) Designation and criteria for once per calendar year, and repair of the (vi) Compressors designated to difficult-to-monitor. Valves meeting the equipment according to the procedures operate with an instrument reading less provisions of § 63.1006(e)(2) of this in § 63.1005 if a leak is detected. than 500 parts per million as described subpart may be designated difficult-to- (d) Special equipment designations: in § 63.1003(e), shall be monitored monitor if the provisions of paragraph Unsafe-to-repair. (1) Designation and pursuant to § 63.1012(f). (c)(2)(i) of this section apply. Agitators criteria. Connectors subject to the (2) Sensory monitoring for leaks. (i) meeting the provisions of § 63.1009(f)(5) provisions of § 63.1005(e) may be Pumps in light liquid service shall be may be designated difficult-to-monitor if considered unsafe-to-repair if the owner observed pursuant to § 63.1007(b)(3) the provisions of paragraph (c)(2)(ii) or operator determines that repair and (e)(1)(v). apply. personnel would be exposed to an (ii) [Reserved] (i) Valves. (A) The owner or operator immediate danger as a consequence of (iii) Agitators in gas and vapor service of the valve determines that the complying with the repair requirements and in light liquid service shall be equipment cannot be monitored without of this subpart, and if the connector will observed pursuant to § 63.1009(b)(3) or elevating the monitoring personnel be repaired before the end of the next (e)(1)(iv). more than 2 meters (7 feet) above a process unit or affected facility (iv) [Reserved] support surface or it is not accessible in shutdown as specified in § 63.1005(e) of (b) Instrument monitoring methods. a safe manner when it is in regulated this subpart. Instrument monitoring, as required material service. (2) Identification of equipment. The under this subpart, shall comply with (B) The process unit or affected identity of connectors designated as the requirements specified in facility within which the valve is unsafe-to-repair and an explanation why paragraphs (b)(1) through (b)(6) of this located is an existing source, or the the connector is unsafe-to-repair shall section. owner or operator designates less than be recorded. (1) Monitoring method. Monitoring 3 percent of the total number of valves (e) Special equipment designations: shall comply with Method 21 of 40 CFR in a new source as difficult-to-monitor. Equipment operating with no detectable part 60, appendix A. (ii) Agitators. The owner or operator emissions. (1) Designation and criteria. (2) Detection instrument performance determines that the agitator cannot be Equipment may be designated as having criteria. (i) Except as provided for in monitored without elevating the no detectable emissions if it has no paragraph (b)(2)(ii) of this section, the monitoring personnel more than 2 external actuating mechanism in contact detection instrument shall meet the meters (7 feet) above a support surface with the process fluid, and is operated performance criteria of Method 21 of 40 or it is not accessible in a safe manner with emissions less than 500 parts per CFR part 60, appendix A, except the when it is in regulated material service. million above background as instrument response factor criteria in (3) [Reserved] determined by the method specified in section 3.1.2(a) of Method 21 shall be (4) Identification of unsafe or §§ 63.1004(b) and (c). for the representative composition of the difficult-to-monitor equipment. The (2) Identification of equipment. The process fluid, and not for each owner or operator shall record the identity of equipment designated as no individual HAP, VOC or other regulated identity of equipment designated as detectable emissions shall be recorded. material individual chemical compound unsafe-to-monitor according to the (3) Identification of compressors in the stream. For process streams that provisions of paragraph (c)(1) of this operating under no detectable contain nitrogen, air, water, or other section and the planned schedule for emissions. Identify the compressors that inerts that are not regulated materials, monitoring this equipment. The owner the owner or operator elects to designate the representative stream response or operator shall record the identity of as operating with an instrument reading factor shall be calculated on an inert- equipment designated as difficult-to- of less than 500 parts per million above free basis. The response factor may be monitor according to the provisions of background, under the provisions of determined at any concentration for paragraph (c)(2) of this section, the § 63.1012(f). which monitoring for leaks will be planned schedule for monitoring this conducted. equipment, and an explanation why the § 63.1004 Instrument and sensory (ii) If there is no instrument equipment is difficult-to-monitor. This monitoring for leaks. commercially available that will meet record must be kept at the plant and be (a) Monitoring for leaks. The owner or the performance criteria specified in available for review by an inspector. operator of a regulated source subject to paragraph (b)(2)(i) of this section, the (5) Written plan requirements. (i) The this subpart shall monitor all regulated instrument readings may be adjusted by owner or operator of equipment equipment as specified in paragraph multiplying by the representative designated as unsafe-to-monitor except (a)(1) of this section for instrument response factor of the process fluid, connectors meeting the provisions of monitoring and paragraph (a)(2) of this calculated on an inert-free basis as § 63.1008(d)(1) according to the section for sensory monitoring. described in paragraph (b)(2)(i) of this provisions of paragraph (c)(1)(i) of this (1) Instrument monitoring for leaks. (i) section. section shall have a written plan that Valves in gas and vapor service and in (3) Detection instrument calibration requires monitoring of the equipment as light liquid service shall be monitored procedure. The detection instrument frequently as practical during safe-to- pursuant to § 63.1006(b). shall be calibrated before use on each monitor times, but not more frequently (ii) Pumps in light liquid service shall day of its use by the procedures than the periodic monitoring schedule be monitored pursuant to § 63.1007(b). specified in Method 21 of 40 CFR part otherwise applicable, and repair of the (iii) Connectors in gas and vapor 60, appendix A. equipment according to the procedures service and in light liquid service shall (4) Detection instrument calibration in § 63.1005 if a leak is detected. be monitored pursuant to § 63.1008(b). gas. Calibration gases shall be zero air (ii) The owner or operator of (iv) Agitators in gas and vapor service (less than 10 parts per million of equipment designated as difficult-to- and in light liquid service shall be hydrocarbon in air); and a mixture of monitor according to the provisions of monitored pursuant to § 63.1009(b). methane in air at a concentration of paragraph (c)(2) of this section shall (v) Pressure relief devices in gas and approximately, but less than, 10,000 have a written plan that requires vapor service shall be monitored parts per million; or a mixture of n- monitoring of the equipment at least pursuant to § 63.1011(c). hexane in air at a concentration of

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In (3) The instrument probe shall be pursuant to § 63.1004(e), on equipment such cases, the calibration gas may be a traversed around all potential leak determined to have a leak, except for a mixture of one or more compounds to interfaces as close to the interface as valve in gas/vapor or light liquid be measured in air. possible (as described in Method 21 of service, may be removed after it is (5) Monitoring performance. 40 CFR part 60, appendix A). repaired. Monitoring shall be performed when the (4) The arithmetic difference between (c) Delay of repair. Delay of repair can equipment is in regulated material the maximum concentration indicated be used as specified in any of service or is in use with any other by the instrument and the background paragraphs (c)(1) through (c)(5) of this detectable material. level shall be compared to the section. The owner or operator shall (6) Monitoring data. Monitoring data applicable leak definitions for the maintain a record of the facts that obtained prior to the regulated source monitored equipment to determine explain any delay of repairs and, where becoming subject to the referencing whether there is a leak or to determine appropriate, why the repair was subpart that do not meet the criteria compliance with § 63.1011(b) (pressure technically infeasible without a process specified in paragraphs (b)(1) through relief devices in gas and vapor service) unit shutdown. (b)(5) of this section may still be used or § 63.1012(f) (compressors). (1) Delay of repair of equipment for (d) Sensory monitoring methods. to initially qualify for less frequent which leaks have been detected is Sensory monitoring, as required under monitoring under the provisions in allowed if the repair is technically this subpart, shall consist of detection of § 63.1006(a)(2), (b)(3) or (b)(4) for valves infeasible without a process unit or a potential leak to the atmosphere by provided the departures from the affected facility shutdown within 15 visual, audible, olfactory, or any other criteria specified or from the specified days after a leak is detected. Repair of detection method. monitoring frequency of § 63.1006(b)(3) this equipment shall occur as soon as (e) Leaking equipment identification are minor and do not significantly affect practical, but not later than by the end and records. (1) When each leak is the quality of the data. Examples of of the next process unit or affected detected pursuant to the monitoring minor departures are monitoring at a facility shutdown, except as provided in specified in paragraph (a) of this slightly different frequency (such as paragraph (c)(5) of this section. section, a weatherproof and readily every six weeks instead of monthly or (2) Delay of repair of equipment for visible identification, marked with the quarterly), following the performance which leaks have been detected is equipment identification, shall be criteria of section 3.1.2(a) of Method 21 allowed for equipment that is isolated attached to the leaking equipment. from the process and that does not of Appendix A of 40 CFR part 60 (2) When each leak is detected, the remain in regulated material service. instead of paragraph (b)(2) of this information specified in § 63.1005(e) section, or monitoring at a different leak shall be recorded and kept pursuant to (3) Delay of repair for valves, definition if the data would indicate the the referencing subpart. connectors, and agitators is also allowed presence or absence of a leak at the if the criteria specified in paragraphs concentration specified in the § 63.1005 Leak repair. (c)(3)(i) and (c)(3)(ii) are met. referencing subpart. Failure to use a (a) Leak repair schedule. The owner (i) The owner or operator determines calibrated instrument is not considered or operator shall repair each leak that emissions of purged material a minor departure. detected no later than 15 calendar days resulting from immediate repair would (c) Instrument monitoring using after it is detected, except as provided be greater than the fugitive emissions background adjustments. The owner or in paragraphs (c) and (d) of this section. likely to result from delay of repair, and operator may elect to adjust or not to A first attempt at repair shall be made (ii) When repair procedures are adjust the instrument readings for no later than 5 calendar days after the effected, the purged material is collected background. If an owner or operator leak is detected. First attempt at repair and destroyed, or recovered in a control elects not to adjust instrument readings for pumps includes, but is not limited or recovery device, or routed to a fuel for background, the owner or operator to, tightening the packing gland nuts gas system or process complying with shall monitor the equipment according and/or ensuring that the seal flush is § 63.1015 or § 63.1002(b) of this part. to the procedures specified in operating at design pressure and (4) Delay of repair for pumps is paragraphs (b)(1) through (b)(4) of this temperature. First attempt at repair for allowed if the criteria specified in section. In such case, all instrument valves includes, but is not limited to, paragraphs (c)(4)(i) and (c)(4)(ii) are met. readings shall be compared directly to tightening the bonnet bolts, and/or (i) Repair requires replacing the the applicable leak definition for the replacing the bonnet bolts, and/or existing seal design with a new system monitored equipment to determine tightening the packing gland nuts, and/ that the owner or operator has whether there is a leak or to determine or injecting lubricant into the lubricated determined will provide better compliance with § 63.1011(b) (pressure packing. performance or one of the specifications relief devices in gas and vapor service) (b) Leak identification removal. (1) of paragraphs (c)(4)(i)(A) through or § 63.1012(f) (compressors). If an Valves in gas/vapor and light liquid (c)(4)(i)(C) of this section are met. owner or operator elects to adjust service. The leak identification on a (A) A dual mechanical seal system instrument readings for background, the valve in gas/vapor or light liquid service that meets the requirements of owner or operator shall monitor the may be removed after it has been § 63.1007(e)(1) will be installed, equipment according to the procedures monitored as specified in § 63.1006(b), (B) A pump that meets the specified in paragraphs (c)(1) through and no leak has been detected during requirements of § 63.1007(e)(2) will be (c)(4) of this section. that monitoring. The leak identification installed; or

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(C) A system that routes emissions to (5) Dates of process unit or affected determined by the procedure in a process or a fuel gas system or a closed facility shutdowns that occur while the paragraph (c) of this section. An owner vent system and control device that equipment is unrepaired. or operator must notify the meets the requirements of Administrator before implementing one § 63.1007(e)(3) will be installed. § 63.1006 Valves in gas and vapor service of the alternatives specified in either and in light liquid service standards. (ii) Repair is to be completed as soon paragraph (b)(5) or (b)(6) of this section. (a) Compliance schedule. (1) The as practical, but not later than 6 months (5) Allowable percentage alternative. owner or operator shall comply with after the leak was detected. An owner or operator choosing to this section no later than the comply with the allowable percentage (5) Delay of repair beyond a process compliance dates specified in the unit or affected facility shutdown will alternative shall have an allowable referencing subpart. percentage of leakers no greater than 2.0 be allowed for a valve if valve assembly (2) The use of monitoring data replacement is necessary during the percent for each affected facility or generated before the regulated source process unit and shall comply with process unit or affected facility became subject to the referencing shutdown, and valve assembly supplies paragraphs (b)(5)(i) and (b)(5)(ii) of this subpart to initially qualify for less section. have been depleted, and valve assembly frequent monitoring is governed by the (i) A compliance demonstration for supplies had been sufficiently stocked provisions of § 63.1004(b)(6). each affected facility or process unit or before the supplies were depleted. Delay (b) Leak detection. Unless otherwise affected facility complying with this of repair beyond the second process unit specified in § 63.1002(b), or § 63.1016, alternative shall be conducted initially or affected facility shutdown will not be or in paragraph (e) of this section, or the upon designation, annually, and at other allowed unless the third process unit or referencing subpart, the owner or times requested by the Administrator. affected facility shutdown occurs sooner operator shall monitor all valves at the For each such demonstration, all valves than 6 months after the first process unit intervals specified in paragraphs (b)(3) in gas and vapor and light liquid service or affected facility shutdown. through (b)(6) of this section and shall within the affected facility or process (d) Unsafe-to-repair-connectors. Any comply with all other provisions of this unit shall be monitored within 1 week connector that is designated, as section. by the methods specified in described in § 63.1003(d), as an unsafe- (1) Monitoring method. The valves § 63.1004(b). If an instrument reading to-repair connector is exempt from the shall be monitored to detect leaks by the exceeds the equipment leak level requirements of § 63.1008(b), and method specified in § 63.1004(b) and specified in the referencing subpart, a paragraph (a) of this section. (c). leak is detected. The leak percentage (e) Leak repair records. For each leak (2) Instrument reading that defines a shall be calculated as specified in detected, the information specified in leak. The instrument reading that paragraph (c) of this section. paragraphs (e)(1) through (e)(5) of this defines a leak is 10,000 parts per million (ii) If an owner or operator decides no section shall be recorded and or greater. longer to comply with this alternative, maintained pursuant to the referencing (3) Monitoring period. (i) Each valve the owner or operator must notify the subpart. shall be monitored monthly to detect Administrator in writing that the work (1) The date of first attempt to repair leaks, except as provided in paragraphs practice standard described in the leak. (b)(3)(ii), (e)(1), (e)(2), and (e)(4) of this paragraph (b)(3) of this section will be (2) The date of successful repair of the section. An owner or operator may followed. leak. otherwise elect to comply with one of (6) Skip period alternatives. An owner or operator may elect to comply with (3) Maximum instrument reading the alternative standards in paragraphs one of the alternative work practices measured by Method 21 of 40 CFR part (b)(5) or (b)(6) of this section as specified in paragraphs (b)(6)(i) or 60, appendix A at the time the leak is specified in paragraph (b)(4) of this (b)(6)(ii) of this section. An owner or successfully repaired or determined to section. (ii)(A) Any valve for which a leak is operator electing to use one of these be nonrepairable. not detected for 2 successive months skip period alternatives shall comply (4) ‘‘Repair delayed’’ and the reason may be monitored the same month (first, with paragraphs (b)(6)(iii) and (b)(6)(iv) for the delay if a leak is not repaired second, or third month) of every quarter, of this section. Before using either skip within 15 calendar days after discovery beginning with the next quarter, until a period alternative, the owner or operator of the leak as specified in paragraphs leak is detected. The first quarterly shall initially comply with the (e)(4)(i) and (e)(4)(ii) of this section. monitoring shall occur less than 3 requirements of paragraph (b)(3) of this (i) The owner or operator may months following the last monthly section. Monitoring data generated develop a written procedure that monitoring. before the regulated source became identifies the conditions that justify a (B) If a leak is detected, the valve shall subject to the referencing subpart that delay of repair. The written procedures be monitored monthly until a leak is not meets the criteria of either may be included as part of the startup, detected for 2 successive months. § 63.1004(b)(1) through (b)(5), or shutdown, and malfunction plan, as (C) For purposes of paragraph (b) of § 63.1004(b)(6), may be used to initially required by the referencing subpart for this section, quarter means a 3-month qualify for skip period alternatives. the source, or may be part of a separate period with the first quarter concluding (i) After 2 consecutive quarterly leak document that is maintained at the on the last day of the last full month detection periods with the percent of plant site. In such cases, reasons for during the 180 days following initial valves leaking equal to or less than 2.0 delay of repair may be documented by startup. as determined by the procedure in citing the relevant sections of the (4) Allowance of alternative paragraph (c) of this section, an owner written procedure. standards. An owner or operator may or operator may begin to monitor for (ii) If delay of repair was caused by elect to comply with one of the leaks once every 6 months. depletion of stocked parts, there must be alternatives specified in either (ii) After 5 consecutive quarterly leak documentation that the spare parts were paragraph (b)(5) or (b)(6) of this section detection periods with the percent of sufficiently stocked on site before if the percentage of valves leaking is valves leaking equal to or less than 2.0 depletion and the reason for depletion. equal to or less than 2.0 percent as as determined by the procedure in

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(ii) A valve may not be designated or shall comply with paragraph (b)(3) of (A) If the owner or operator elected to operated for no detectable emissions, as this section, but can elect to comply use periodic monitoring required by described in § 63.1003(e), if the valve with paragraph (b)(6) of this section if paragraph (b) of this section to satisfy has an instrument reading greater than future percent of valves leaking is again the requirements of paragraph (d)(2) of 500 parts per million above background. equal to or less than 2.0. this section, then the valve shall be (iv) The owner or operator shall keep counted as a leaking valve. § 63.1007 Pumps in light liquid service a record of the monitoring schedule and (B) If the owner or operator elected to standards. the percent of valves found leaking use other monitoring, prior to the (a) Compliance schedule. The owner during each monitoring period. periodic monitoring required by or operator shall comply with this (c) Percent leaking valves paragraph (b) of this section, to satisfy section no later than the compliance calculation—calculation basis and the requirements of paragraph (d)(2) of date specified in the referencing procedures. (1) The owner or operator this section, then the valve shall be subpart. shall decide no later than the counted as a leaking valve unless it is (b) Leak detection. Unless otherwise compliance date of this subpart, or upon repaired and shown by periodic specified in § 63.1002(b), or § 63.1016 of revision of an operating permit whether monitoring not to be leaking. this subpart or paragraph (e) of this to calculate percent leaking valves on a (e) Special provisions for valves. (1) section, the owner or operator shall process unit or group of process units Unsafe-to-monitor valves. Any valve monitor each pump monthly to detect basis. Once the owner or operator has that is designated, as described in leaks and shall comply with all other decided, all subsequent percentage § 63.1003(c)(1), as an unsafe-to-monitor provisions of this section. calculations shall be made on the same valve, is exempt from the monitoring (1) Monitoring method. The pumps basis and this shall be the basis used for requirements of paragraph (b) of this shall be monitored to detect leaks by the comparison with the subgrouping section, and the owner or operator shall method specified in § 63.1004(b) of this criteria specified in paragraph (b)(5)(i) monitor the valve according to the subpart. of this section. written plan specified in § 63.1003(c)(5). (2) Instrument reading that defines a (2) The percent of valves leaking shall (2) Difficult-to-monitor. Any valve leak. The instrument reading that be determined by dividing the sum of that is designated, as described in defines a leak is 10,000 parts per valves found leaking during current § 63.1003(c)(2), as a difficult-to-monitor million. monitoring and valves for which repair valve, is exempt from the requirements (3) Visual inspection. Each pump has been delayed by the total number of of paragraph (b) of this section, and the shall be checked by visual inspection valves subject to the requirements of owner or operator shall monitor the each calendar week for indications of this section. valve according to the written plan liquids dripping from the pump seal. (d) Leak repair. (1) If a leak is specified in § 63.1003(c)(5). The owner or operator shall document determined pursuant to paragraph (b), (3) Less than 250 valves. Any that the inspection was conducted and (e)(1), or (e)(2) of this section, then the equipment located at a plant site with the date of the inspection. If there are leak shall be repaired using the fewer than 250 valves in regulated indications of liquids dripping from the procedures in § 63.1005, as applicable. material service is exempt from the pump seal, a leak is detected. Unless the (2) After a leak determined pursuant monthly monitoring specified in owner or operator demonstrates (e.g., to paragraph (b) or (e)(2) of this section paragraph (b)(3)(i) of this section. through instrument monitoring) that the has been repaired, the valve shall be Instead, the owner or operator shall indications of liquids dripping are due monitored at least once within the first monitor each valve in regulated material to a condition other than process fluid 3 months after its repair. The service for leaks once each quarter, or drips, the leak shall be repaired monitoring required by this paragraph is comply with paragraphs (b)(3)(ii)(A), according to the procedures of in addition to the monitoring required (b)(3)(ii)(B), or (b)(3)(ii)(C) of this paragraph (b)(4) of this section. to satisfy the definition of repair. section except as provided in (4) Visual inspection: Leak repair. (i) The monitoring shall be conducted paragraphs (e)(1) and (e)(2) of this Where a leak is identified by visual as specified in § 63.1004(b) and (c), as section. indications of liquids dripping, repair appropriate, to determine whether the (4) No detectable emissions. (i) Any shall mean that the visual indications of valve has resumed leaking. valve that is designated, as described in liquids dripping have been eliminated. (ii) Periodic monitoring required by § 63.1003(e), as having no detectable (c) Percent leaking pumps calculation. paragraph (b) of this section may be emissions is exempt from the (1) The owner or operator shall decide used to satisfy the requirements of this requirements of paragraphs (b) through no later than the compliance date of this paragraph, if the timing of the (c) of this section if the owner or part or upon revision of an operating monitoring period coincides with the operator meets the criteria specified in permit whether to calculate percent time specified in this paragraph. paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of leaking pumps on a process unit basis Alternatively, other monitoring may be this section. or group of process units basis. Once the performed to satisfy the requirements of (A) Tests the valve for operation with owner or operator has decided, all this paragraph, regardless of whether emissions less than 500 parts per subsequent percentage calculations the timing of the monitoring period for million above background as shall be made on the same basis. periodic monitoring coincides with the determined by the method specified in (2) The number of pumps at a process time specified in this paragraph. § 63.1004(c) initially upon designation, unit shall be the sum of all the pumps (iii) If a leak is detected by monitoring annually, and at other times requested in regulated material service, except that that is conducted pursuant to paragraph by the Administrator, and pumps found leaking in a continuous (d)(2) of this section, the owner or (B) Records the dates of each process unit or within 1 month after operator shall follow the provisions of compliance demonstration, the startup of the pump shall not count in

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= − − × %/[.PLLSTS()() P P() P P100 Eq 1]

Where: requirements of subpart SS of this part; process or a fuel gas system or equipped %PL = Percent leaking pumps or with a closed vent system that captures PL = Number of pumps found leaking as (C) Equipped with a closed-loop and transports leakage from the pump to determined through monthly system that purges the barrier fluid into a control device meeting the monitoring as required in paragraph a process stream. requirements of § 63.1015 is exempt (b) of this section. Do not include (iii) The barrier fluid is not in light from requirements of paragraph (b) of results from inspection of unsafe-to- liquid service. this section. monitor pumps pursuant to (iv) Each barrier fluid system is (4) Unmanned plant site. Any pump paragraph (e)(6) of this section. equipped with a sensor that will detect that is located within the boundary of PT = Total pumps in regulated material failure of the seal system, the barrier an unmanned plant site is exempt from service, including those meeting the fluid system, or both. the weekly visual inspection criteria in paragraphs (e)(1), (e)(2), (v) Each pump is checked by visual requirement of paragraphs (b)(3), and (e)(3), and (e)(6) of this section. inspection each calendar week for (e)(1)(v) of this section, and the daily PS = Number of pumps leaking within indications of liquids dripping from the requirements of paragraph (e)(1)(vii) of 1 month of start-up during the pump seal. The owner or operator shall this section, provided that each pump is current monitoring period. document that the inspection was visually inspected as often as practical (d) Leak repair. If a leak is detected conducted and the date of the and at least monthly. (5) Unsafe-to-monitor pumps. Any pursuant to paragraph (b) of this section, inspection. If there are indications of pump that is designated, as described in then the leak shall be repaired using the liquids dripping from the pump seal at § 63.1003(c)(1), as an unsafe-to-monitor procedures in § 63.1005, as applicable, the time of the weekly inspection, the pump is exempt from the requirements unless otherwise specified in paragraph owner or operator shall follow the of paragraph (b) of this section and the (b)(4) of this section for leaks identified procedure specified in either paragraph requirements of § 63.1005 and the by visual indications of liquids (e)(1)(v)(A) or (e)(1)(v)(B) of this section owner or operator shall monitor the dripping. prior to the next required inspection. pump according to the written plan (e) Special provisions for pumps. (1) (A) The owner or operator shall specified in § 63.1003(c)(5). Dual mechanical seal pumps. Each monitor the pump as specified in pump equipped with a dual mechanical § 63.1004(b) to determine if there is a § 63.1008 Connectors in gas and vapor seal system that includes a barrier fluid leak of regulated material in the barrier service and in light liquid service system is exempt from the requirements fluid; if an instrument reading of 10,000 standards. of paragraph (b) of this section, parts per million or greater is measured, (a) Compliance schedule. The owner provided the requirements specified in a leak is detected and shall be repaired or operator shall comply with this paragraphs (e)(1)(i) through (e)(1)(viii) of using the procedures in § 63.1005; or section no later than the compliance this section are met. (B) The owner or operator shall dates specified in the referencing (i) The owner or operator determines, eliminate the visual indications of subpart. based on design considerations and liquids dripping. (b) Leak detection. Unless otherwise operating experience, criteria applicable (vi) If indications of liquids dripping specified in § 63.1002(b), or § 63.1016 of to the presence and frequency of drips from the pump seal exceed the criteria this subpart, or the referencing subpart, and to the sensor that indicates failure established in paragraph (e)(1)(i) of this the owner or operator shall monitor all of the seal system, the barrier fluid section, or if based on the criteria connectors within 5 days by the method system, or both. The owner or operator established in paragraph (e)(1)(i) of this specified in § 63.1004(b) if evidence of shall keep records at the plant of the section the sensor indicates failure of a potential leak is found by visual, design criteria and an explanation of the the seal system, the barrier fluid system, audible, olfactory, or any other design criteria, and any changes to these or both, a leak is detected. detection method. No monitoring is criteria and the reasons for the changes. (vii) Each sensor as described in required if the evidence of a potential This record must be available for review paragraph (e)(1)(iv) of this section is leak is eliminated within 5 days. If an by an inspector. observed daily or is equipped with an instrument reading of 10,000 parts per (ii) Each dual mechanical seal system alarm unless the pump is located within million or greater is measured, a leak is shall meet the requirements specified in the boundary of an unmanned plant detected. paragraphs (e)(1)(ii)(A) through site. (c) Leak repair. If a leak is detected (e)(1)(ii)(C) of this section. (viii) When a leak is detected pursuant to paragraph (b) of this section, (A) Each dual mechanical seal system pursuant to paragraph (e)(1)(vi) of this then the leak shall be repaired using the is operated with the barrier fluid at a section, it shall be repaired as specified procedures in § 63.1005, as applicable. pressure that is at all times (except in § 63.1005. (d) Special provisions for connectors. periods of startup, shutdown, or (2) No external shaft. Any pump that (1) Unsafe-to-monitor connectors. Any malfunction) greater than the pump is designed with no externally actuated connector that is designated, as stuffing box pressure; or shaft penetrating the pump housing is described in § 63.1003(c)(1), as an (B) Equipped with a barrier fluid exempt from the requirements of unsafe-to-monitor connector is exempt degassing reservoir that is routed to a paragraph (b) of this section. from the requirements of paragraph (b) process or fuel gas system or connected (3) Routed to a process or fuel gas of this section and the owner or operator by a closed vent system to a control system or equipped with a closed vent shall monitor according to the written device that complies with the system. Any pump that is routed to a plan specified in § 63.1003(c)(5).

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(2) Inaccessible, ceramic, or ceramic- inspection each calendar week for section prior to the next required lined connectors. (i) Any connector that indications of liquids dripping from the inspection. is inaccessible or that is ceramic or agitator seal. The owner or operator (A) The owner or operator shall ceramic-lined (e.g., porcelain, glass, or shall document that the inspection was monitor the agitator seal shall as glass-lined), is exempt from the conducted and the date of the specified in § 63.1004(b) to determine monitoring requirements of paragraph inspection. If there are indications of the presence of regulated material in the (b) of this section, the leak repair liquids dripping from the agitator seal, barrier fluid. If an instrument reading of requirements of paragraph (c) of this the owner or operator shall follow the 10,000 parts per million or greater is section, and the recordkeeping and procedures specified in paragraphs measured, a leak is detected and it shall reporting requirements of § 63.1017 and (b)(3)(i) and (b)(3)(ii) of this section be repaired using the procedures in § 63.1018. An inaccessible connector is prior to the next required inspection. § 63.1005; or a connector that meets any of the (i) The owner or operator shall (B) The owner or operator shall provisions specified in paragraphs monitor the agitator seal as specified in eliminate the visual indications of (d)(2)(i)(A) through (d)(2)(i)(F) of this § 63.1004(b) to determine if there is a liquids dripping. section, as applicable. leak of regulated material. If an (v) Each sensor as described in (A) Buried; instrument reading of 10,000 parts per paragraph (e)(1)(iii) of this section is (B) Insulated in a manner that million or greater is measured, a leak is observed daily or is equipped with an prevents access to the connector by a detected, and it shall be repaired using alarm unless the agitator seal is located monitor probe; the procedures in paragraph (d) of this within the boundary of an unmanned (C) Obstructed by equipment or section; plant site. piping that prevents access to the (ii) The owner or operator shall (vi) The owner or operator of each connector by a monitor probe; or eliminate the indications of liquids dual mechanical seal system shall meet (D) Unable to be reached from a dripping from the agitator seal. the requirements specified in wheeled scissor-lift or hydraulic-type (c) [Reserved] paragraphs (e)(1)(vi)(A) through scaffold that would allow access to (d) Leak repair. If a leak is detected, (e)(1)(vi)(D). connectors up to 7.6 meters (25 feet) then the leak shall be repaired using the (A) The owner or operator shall above the ground. procedures in § 63.1005, as applicable. determine, based on design (E) Inaccessible because it would (e) Special provisions for agitators. (1) considerations and operating require elevating the monitoring Dual mechanical seal. Each agitator experience, criteria applicable to the personnel more than 2 meters (7 feet) equipped with a dual mechanical seal presence and frequency of drips and to above a permanent support surface or system that includes a barrier fluid the sensor that indicates failure of the would require the erection of scaffold; system is exempt from the requirements seal system, the barrier fluid system, or (F) Not able to be accessed at any time of paragraph (b) of this section, both. in a safe manner to perform monitoring. provided the requirements specified in (B) The owner or operator shall keep Unsafe access includes, but is not paragraphs (e)(1)(i) through (e)(1)(vi) of records of the design criteria and an limited to, the use of a wheeled scissor- this section are met. explanation of the design criteria; and lift on unstable or uneven terrain, the (i) Each dual mechanical seal system any changes to these criteria and the use of a motorized man-lift basket in shall meet the applicable requirement reasons for the changes. areas where an ignition potential exists, specified in paragraphs (e)(1)(i)(A), (C) If indications of liquids dripping or access would require near proximity (e)(1)(i)(B), or (e)(1)(i)(C) of this section. from the agitator seal exceed the criteria to hazards such as electrical lines, or (A) Operated with the barrier fluid at established in paragraphs (e)(1)(vi)(A) would risk damage to equipment. a pressure that is at all times (except and (e)(1)(vi)(B) of this section, or if, (ii) If any inaccessible ceramic or during periods of startup, shutdown, or based on the criteria established in ceramic-lined connector is noted to malfunction) greater than the agitator paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) have a leak by visual, audible, olfactory, stuffing box pressure; or of this section, the sensor indicates or other means, the leak to the (B) Equipped with a barrier fluid failure of the seal system, the barrier atmosphere shall be eliminated as soon degassing reservoir that is routed to a fluid system, or both, a leak is detected. as practical. process or fuel gas system or connected (D) When a leak is detected, it shall § 63.1009 Agitators in gas and vapor by a closed vent system to a control be repaired using the procedures in service and in light liquid service device that meets the requirements of § 63.1005. standards. § 63.1015; or (2) No external shaft. Any agitator (a) Compliance schedule. The owner (C) Equipped with a closed-loop that is designed with no externally or operator shall comply with this system that purges the barrier fluid into actuated shaft penetrating the agitator section no later than the compliance a process stream. housing is exempt from the dates specified in the referencing (ii) The barrier fluid is not in light requirements of paragraph (b) of this subpart. liquid service. section. (b) Leak detection. (1) Monitoring (iii) Each barrier fluid system is (3) Routed to a process or fuel gas method. Each agitator seal shall be equipped with a sensor that will detect system or equipped with a closed vent monitored monthly to detect leaks by failure of the seal system, the barrier system. Any agitator that is routed to a the methods specified in § 63.1004(b), or fluid system, or both. process or fuel gas system or equipped § 63.1016, except as provided in (iv) Each agitator seal is checked by with a closed vent system that captures § 63.1002(b) or in paragraph (e) of this visual inspection each calendar week and transports leakage from the agitator section. for indications of liquids dripping from to a control device meeting the (2) Instrument reading that defines a the agitator seal. If there are indications requirements of § 63.1015 is exempt leak. If an instrument reading of liquids dripping from the agitator seal from the monitoring requirements of equivalent of 10,000 parts per million or at the time of the weekly inspection, the paragraph (b) of this section. greater is measured, a leak is detected. owner or operator shall follow the (4) Unmanned plant site. Any agitator (3) Visual inspection. Each agitator procedure specified in either paragraph that is located within the boundary of seal shall be checked by visual (e)(1)(iv)(A) or (e)(1)(iv)(B) of this an unmanned plant site is exempt from

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For pressure relief device is exempt from practical and at least monthly. equipment identified in paragraph (b) of the requirements of paragraphs (b) and (5) Difficult-to-monitor agitator seals. this section that is not monitored by the (c) of this section provided the owner or Any agitator seal that is designated, as method specified in § 63.1004(b), operator installs a replacement rupture described in § 63.1003(c)(2), as a repaired shall mean that the visual, disk upstream of the pressure relief difficult-to-monitor agitator seal is audible, olfactory, or other indications device as soon as practical after each exempt from the requirements of of a leak to the atmosphere have been pressure release, but no later than 5 paragraph (b) of this section and the eliminated; that no bubbles are observed calendar days after each pressure owner or operator shall monitor the at potential leak sites during a leak release, except as provided in agitator seal according to the written check using soap solution; or that the § 63.1005(d). plan specified in § 63.1003(c)(5). system will hold a test pressure. § 63.1012 Compressor standards. (6) Equipment obstructions. Any § 63.1011 Pressure relief devices in gas (a) Compliance schedule. The owner agitator seal that is obstructed by and vapor service standards. or operator shall comply with this equipment or piping that prevents (a) Compliance schedule. The owner section no later than the compliance access to the agitator by a monitor probe dates specified in the referencing is exempt from the monitoring or operator shall comply with this section no later than the compliance subpart. requirements of paragraph (b) of this (b) Seal system standard. Each section. dates specified in the referencing subpart. compressor shall be equipped with a (7) Unsafe-to-monitor agitator seals. (b) Compliance standard. Except seal system that includes a barrier fluid Any agitator seal that is designated, as system and that prevents leakage of described in § 63.1003(c)(1), as an during pressure releases as provided for in paragraph (c) of this section, each process fluid to the atmosphere, except unsafe-to-monitor agitator seal is as provided in § 63.1002(b) and exempt from the requirements of pressure relief device in gas or vapor service shall be operated with an paragraphs (e) and (f) of this section. paragraph (b) of this section and the Each compressor seal system shall meet owner or operator of the agitator seal instrument reading of less than 500 parts per million as measured by the the requirements specified in monitors the agitator seal according to paragraphs (b)(1), (b)(2), or (b)(3) of this the written plan specified in method specified in § 63.1004(c). (c) Pressure relief requirements. (1) section. § 63.1003(c)(5). (1) Operated with the barrier fluid at After each pressure release, the pressure a pressure that is greater than the § 63.1010 Pumps, valves, connectors, and relief device shall be returned to a compressor stuffing box pressure at all agitators in heavy liquid service; pressure condition indicated by an instrument times (except during periods of startup, relief devices in liquid service; and reading of less than 500 parts per instrumentation systems standards. shutdown, or malfunction); or million, as soon as practical, but no later (2) Equipped with a barrier fluid (a) Compliance schedule. The owner than 5 calendar days after each pressure system degassing reservoir that is routed or operator shall comply with this release, except as provided in paragraph to a process or fuel gas system or section no later than the compliance (d) of this section. connected by a closed-vent system to a dates specified in the referencing (2) The pressure relief device shall be control device that meets the subpart. monitored no later than five calendar requirements of § 63.1015; or (b) Leak detection. (1) Monitoring days after the pressure release and being (3) Equipped with a closed-loop method. Unless otherwise specified in returned to regulated material service to system that purges the barrier fluid § 63.1002(b), or § 63.1016, the owner or confirm the condition indicated by an directly into a process stream. operator shall comply with paragraphs instrument reading of less than 500 (c) Barrier fluid system. The barrier (b)(1) and (b)(2) of this section. Pumps, parts per million, as measured by the fluid shall not be in light liquid service. valves, connectors, and agitators in method specified in § 63.1004(c). Each barrier fluid system shall be heavy liquid service; pressure relief (3) The owner or operator shall record equipped with a sensor that will detect devices in light liquid or heavy liquid the dates and results of the monitoring failure of the seal system, barrier fluid service; and instrumentation systems required by paragraph (c)(2) of this system, or both. Each sensor shall be shall be monitored within 5 calendar section following a pressure release observed daily or shall be equipped days by the method specified in including maximum instrument reading with an alarm unless the compressor is § 63.1004(b) if evidence of a potential measured during the monitoring and the located within the boundary of an leak to the atmosphere is found by background level measured if the unmanned plant site. visual, audible, olfactory, or any other instrument reading is adjusted for (d) Failure criterion and leak detection method. If such a potential background. detection. (1) The owner or operator leak is repaired as required in paragraph (d) Pressure relief devices routed to a shall determine, based on design (c) of this section, it is not necessary to process or fuel gas system or equipped considerations and operating monitor the system for leaks by the with a closed vent system and control experience, a criterion that indicates method specified in § 63.1004(b). device. Any pressure relief device that failure of the seal system, the barrier (2) Instrument reading that defines a is routed to a process or fuel gas system fluid system, or both. If the sensor leak. For systems monitored by the or equipped with a closed vent system indicates failure of the seal system, the method specified in § 63.1004(b), if an that captures and transports leakage barrier fluid system, or both based on instrument reading of 10,000 parts per from the pressure relief device to a the criterion, a leak is detected and shall million or greater is measured, a leak is control device meeting the requirements be repaired pursuant to § 63.1005, as detected. If a leak is detected, it shall be of § 63.1015 is exempt from the applicable.

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(2) The owner or operator shall keep (b) Equipment requirement. Each § 63.1014 Open-ended valves or lines records of the design criteria and an sampling connection system shall be standards. explanation of the design criteria; and equipped with a closed purge, closed (a) Compliance schedule. The owner any changes to these criteria and the loop, or closed vent system, except as or operator shall comply with this reasons for the changes. provided in paragraph (d) of this section no later than the compliance (e) Routed to a process or fuel gas section. Gases displaced during filling dates specified in the referencing system or equipped with a closed vent of the sample container are not required subpart. system and control device. A to be collected or captured. (b) Equipment and operational compressor is exempt from the (c) Equipment design and operation. requirements. requirements of paragraphs (b) through (1) Each open-ended valve or line Each closed-purge, closed-loop, or (d) of this section if it is equipped with shall be equipped with a cap, blind closed vent system except as provided a system to capture and transport flange, plug, or a second valve, except in paragraph (d) of this section shall leakage from the compressor drive shaft as provided in § 63.1002(b) and meet the applicable requirements seal to a process or a fuel gas system or paragraphs (c) and (d) of this section. specified in paragraphs (c)(1) through to a closed vent system that captures The cap, blind flange, plug, or second (c)(5) of this section. and transports leakage from the valve shall seal the open end at all times compressor to a control device meeting (1) The system shall return the purged except during operations requiring the requirements of § 63.1015. process fluid directly to a process line process fluid flow through the open- (f) Alternative compressor standard. or fuel gas system meeting the ended valve or line, or during (1) Any compressor that is designated as compliance determinations in maintenance. The operational described in § 63.1003(e)(e) as operating §§ 63.1015 or 63.1002(b) as appropriate; provisions of paragraphs (b)(2) and with no detectable emissions shall or (b)(3) of this section also apply. operate at all times with an instrument (2) Collect and recycle the purged (2) Each open-ended valve or line reading of less than 500 parts per process fluid to a process; or equipped with a second valve shall be million. A compressor so designated is operated in a manner such that the (3) Be designed and operated to exempt from the requirements of valve on the process fluid end is closed capture and transport all the purged paragraphs (b) through (d) of this before the second valve is closed. process fluid to a control device that section if the compressor is (3) When a double block and bleed meets the requirements of § 63.1015; or demonstrated initially upon system is being used, the bleed valve or designation, annually, and at other (4) Collect, store, and transport the line may remain open during operations times requested by the Administrator to purged process fluid to a system or that require venting the line between the be operating with an instrument reading facility identified in paragraph (c)(4)(i), block valves but shall comply with of less than 500 parts per million as (c)(4)(ii), or (c)(4)(iii) of this section. paragraph (b)(1) of this section at all measured by the method specified in (i) A waste management unit as other times. § 63.1004(c). A compressor may not be defined in 40 CFR 63.111 or 40 CFR part (c) Emergency shutdown exemption. designated or operated having an 63, subpart G, if the waste management Open-ended valves or lines in an instrument reading of less than 500 unit is complying with the provisions of emergency shutdown system that are parts per million as described in 40 CFR part 63, subpart G, applicable to designed to open automatically in the § 63.1003(e) if the compressor has a group 1 wastewater streams. If the event of a process upset are exempt maximum instrument reading greater purged process fluid does not contain from the requirements of paragraph (b) than 500 parts per million. any organic HAP listed in table 9 of 40 of this section. (2) The owner or operator shall record CFR part 63, subpart G, the waste (d) Polymerizing materials exemption. the dates and results of each compliance management unit need not be subject to, Open-ended valves or lines containing test including the background level and operated in compliance with the materials that would autocatalytically measured and the maximum instrument requirements of 40 CFR part 63, subpart polymerize or, would present an reading measured during each G, applicable to subject wastewater explosion, serious over pressure, or compliance test. steams provided the facility has a other safety hazard if capped or (g) Reciprocating compressor National Pollution Discharge equipped with a double block and bleed exemption. Any existing reciprocating Elimination System (NPDES) permit or system as specified in paragraph (b) of compressor in a process unit or affected sends the wastewater to an NPDES- this section are exempt from the facility that becomes an affected facility permitted facility. requirements of paragraph (b) of this under provisions of 40 CFR 60.14 or section. 60.15 is exempt from paragraphs (b), (c), (ii) A treatment, storage, or disposal and (d) of this section provided the facility subject to regulation under 40 § 63.1015 Closed vent systems and control owner or operator demonstrates that CFR part 262, 264, 265, or 266; or devices; or emissions routed to a fuel gas system or process. recasting the distance piece or replacing (iii) A facility permitted, licensed, or the compressor are the only options registered by a State to manage (a) Compliance schedule. The owner available to bring the compressor into municipal or industrial solid waste, if or operator shall comply with this compliance with the provisions of the the process fluids are not hazardous section no later than the compliance above exempted paragraphs of this waste as defined in 40 CFR part 261. dates specified in the referencing section. subpart. (5) Containers that are part of a (b) Compliance standard. (1) Owners § 63.1013 Sampling connection systems closed-purge system must be covered or or operators of closed vent systems and standards. closed when not being filled or emptied. nonflare control devices used to comply (a) Compliance schedule. The owner (d) In-situ sampling systems. In-situ with provisions of this subpart shall or operator shall comply with this sampling systems and sampling systems design and operate the closed vent section no later than the compliance without purges are exempt from the system and nonflare control devices to dates specified in the referencing requirements of paragraphs (b) and (c) of reduce emissions of regulated material subpart. this section. with an efficiency of 95 percent or

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34898 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations greater or to reduce emissions of and the type of program being (ii) Documentation of the design regulated material to a concentration of implemented (e.g., quarterly criteria and explanations and any 20 parts per million by volume or, for monitoring) for each type of equipment. changes and the reason for the changes, an enclosed combustion device, to The records required by this subpart are as specified in § 63.1009(e)(1)(vi)(A). provide a minimum of 760° C (1400° F). summarized in paragraphs (b) and (c) of (5) For pressure relief devices in gas Owners and operators of closed vent this section. and vapor or light liquid service, the systems and nonflare control devices (b) General equipment leak records. owner or operator shall keep records of used to comply with this subpart shall (1) As specified in § 63.1003(a) through the dates and results of monitoring comply with the provisions of subpart (d), the owner or operator shall keep following a pressure release, as SS of this part, except as provided in general and specific equipment specified in § 63.1011(c)(3). § 63.1002(b). identification if the equipment is not (6) For compressors, the owner or (2) Owners or operators of closed vent physically tagged and the owner or operator shall maintain the records systems and flares used to comply with operator is electing to identify the specified in paragraphs (c)(6)(i) and the provisions of this subpart shall equipment subject to this subpart (c)(6)(ii) of this section. design and operate the flare as specified through written documentation such as (i) For criteria as to failure of the seal in subpart SS of this part, except as a log or other designation. system and/or the barrier fluid system, provided in § 63.1002(b). (2) The owner or operator shall keep record the design criteria and (3) Owners or operators routing a written plan as specified in explanations and any changes and the emissions from equipment leaks to a § 63.1003(c)(5) for any equipment that is reason for the changes, as specified in fuel gas system or process shall comply designated as unsafe or difficult-to- § 63.1012(d)(2). with the provisions of subpart SS of this monitor. (ii) For compressors operating under part, except as provided in § 63.1002(b). (3) The owner or operator shall the alternative compressor standard, maintain the identity and an record the dates and results of each § 63.1016 Alternative means of emission explanation as specified in compliance test as specified in limitation: Enclosed-vented process units. § 63.1003(d)(1) for any equipment that is § 63.1012(f)(2). (a) Use of closed vent system and designated as unsafe-to-repair. (7) For process units complying with control device. Process units of affected (4) As specified in § 63.1003(e), the the enclosed-vented process unit facilities or portions of process units of owner or operator shall maintain the alternative, the owner or operator shall affected facilities enclosed in such a identity of compressors operating with maintain the records for enclosed- manner that all emissions from an instrument reading of less than 500 vented process units as specified in equipment leaks are routed to a process parts per million. § 63.1016(b). or fuel gas system or collected and (5) The owner or operator shall keep vented through a closed vent system to records for leaking equipment as § 63.1018 Reporting requirements. a control device meeting the specified in § 63.1004(e). (a) Periodic Reports. The owner or requirements of either § 63.1015 or (6) The owner or operator shall keep operator shall report the information § 63.1002(b) are exempt from the records for delay of repair as specified specified in paragraphs (a)(1) through requirements of §§ 63.1006 through in § 63.1005(c) and records for leak (a)(2) of this section, as applicable, in 63.1014. The enclosure shall be repair as specified in § 63.1005(e). the periodic report specified in the maintained under a negative pressure at (c) Specific equipment leak records. referencing subpart. all times while the process unit or (1) For valves, the owner or operator (1) The initial Periodic Report shall affected facility is in operation to ensure shall maintain the monitoring schedule include the information specified in that all emissions are routed to a control for each process unit as specified in paragraphs (a)(1)(i) through (a)(1)(iv) device. § 63.1006(b), and the records specified and (a)(2) of this section. (b) Recordkeeping. Owners and in § 63.1006(e)(4)(i)(B). (i) Process unit or affected facility operators choosing to comply with the (2) For pumps, the owner or operator identification. requirements of this section shall shall maintain the records specified in (ii) Number of valves subject to the maintain the records specified in paragraphs (c)(2)(i) through (c)(2)(iii) of requirements of § 63.1006, excluding paragraphs (b)(1) through (b)(3) of this this section. those valves designated for no section. (i) Documentation of pump visual detectable emissions under the (1) Identification of the process unit(s) inspections as specified in provisions of § 63.1006(e)(4). or affected facilities and the regulated § 63.1007(b)(4). (iii) Number of pumps subject to the materials they handle. (ii) Documentation of dual requirements of § 63.1007, excluding (2) A schematic of the process unit or mechanical seal pump visual those pumps designated for no affected facility, enclosure, and closed inspections as specified in detectable emissions under the vent system. § 63.1007(e)(1)(v). provisions of § 63.1007(e)(2) and those (3) A description of the system used (iii) For the criteria as to the presence pumps complying with the closed vent to create a negative pressure in the and frequency of drips for dual system provisions of § 63.1007(e)(3). enclosure to ensure that all emissions mechanical seal pumps, records of the (iv) Number of compressors subject to are routed to the control device. design criteria and explanations and any the requirements of § 63.1012, excluding changes and the reason for the changes, those compressors designated for no § 63.1017 Recordkeeping requirements. as specified in § 63.1007(e)(1)(i). detectable emissions under the (a) Recordkeeping system. An owner (3) [Reserved] provisions of § 63.1012(f) and those or operator of more than one regulated (4) For agitators, the owner or compressors complying with the closed source subject to the provisions of this operator shall maintain records vent system provisions of § 63.1012(e). subpart may comply with the specified in paragraphs (c)(4)(i) and (2) Each periodic report shall contain recordkeeping requirements for these (c)(4)(ii) of this section. the information listed in paragraphs regulated sources in one recordkeeping (i) Documentation of the agitator seal (a)(2)(i) through (a)(2)(iv) of this section, system. The recordkeeping system shall visual inspections as specified in as applicable. identify each record by regulated source § 63.1009(b)(3). (i) Process unit identification.

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(ii) For each month during the 63.1032 Sampling connection systems they serve, are not considered to be part semiannual reporting period, standards. of a process unit or affected facility. (A) Number of valves for which leaks 63.1033 Open-ended valves or lines were detected as described in standards. § 63.1020 Definitions. 63.1034 Closed vent systems and control All terms used in this part shall have § 63.1006(b), devices; or emissions routed to a fuel gas (B) Number of valves for which leaks the meaning given them in the Act and system or process standards. in this section. were not repaired as required in 63.1035 Quality improvement program for § 63.1006(d), pumps. Batch process means a process in (C) Number of pumps for which leaks 63.1036 Alternative means of emission which the equipment is fed were detected as described in limitation: Batch processes. intermittently or discontinuously. § 63.1007(b) and § 63.1007(e)(1)(vi), 63.1037 Alternative means of emission Processing then occurs in this (D) Number of pumps for which leaks limitation: Enclosed vented process units equipment after which the equipment is or affected facilities. were not repaired as required in generally emptied. Examples of 63.1038 Recordkeeping requirements. industries that use batch processes §§ 63.1007(d) and (e)(5), 63.1039 Reporting requirements. (E) Number of compressors for which include pharmaceutical production and Table 1 to Subpart UU—Batch Processes pesticide production. leaks were detected as described in Monitoring Frequency for Equipment Batch product-process equipment § 63.1012(d)(1), Other Than Connectors train means the collection of equipment (F) Number of compressors for which (e.g., connectors, reactors, valves, leaks were not repaired as required in Subpart UUÐNational Emission pumps, etc.) configured to produce a § 63.1012(d)(1), and Standards for Equipment LeaksÐ specific product or intermediate by a (G) The facts that explain each delay Control Level 2 Standards batch process. of repair and, where appropriate, why § 63.1019 Applicability. Car-seal means a seal that is placed on the repair was technically infeasible (a) The provisions of this subpart a device that is used to change the without a process unit or affected apply to the control of air emissions position of a valve (e.g., from opened to facility shutdown. from equipment leaks for which another closed) in such a way that the position (iii) Dates of process unit or affected subpart references the use of this of the valve cannot be changed without facility shutdowns which occurred subpart for such air emission control. breaking the seal. within the periodic report reporting These air emission standards for Closed-loop system means an period. equipment leaks are placed here for enclosed system that returns process (iv) Revisions to items reported administrative convenience and only fluid to the process and is not vented according to paragraph (a)(1) of this apply to those owners and operators of directly to the atmosphere. section if changes have occurred since facilities subject to a referencing Closed-purge system means a system the initial report or subsequent revisions subpart. The provisions of 40 CFR part or combination of systems and portable to the initial report. 63, subpart A (General Provisions) do containers to capture purged liquids. (b) Special notifications. An owner or not apply to this subpart except as noted Containers must be covered or closed operator electing to comply with either in the referencing subpart. when not being filled or emptied. of the alternatives in § 63.1006(b)(5) or (b) Equipment subject to this subpart. Closed-vent system means a system (6) shall notify the Administrator of the The provisions of this subpart and the that is not open to the atmosphere and alternative standard selected before referencing subpart apply to equipment is composed of piping, ductwork, implementing either of the provisions. that contains or contacts regulated connections, and, if necessary, flow 4. Part 63 is amended by adding material. This subpart applies to pumps, inducing devices that transport gas or subpart UU as follows: compressors, agitators, pressure relief vapor from an emission point to a Subpart UUÐNational Emission Standards devices, sampling connection systems, control device. for Equipment LeaksÐControl Level 2 open-ended valves or lines, valves, Combustion device means an Standards connectors, instrumentation systems, individual unit of equipment, such as a Sec. and closed vent systems and control flare, incinerator, process heater, or 63.1019 Applicability. devices used to meet the requirements boiler, used for the combustion of 63.1020 Definitions. of this subpart. organic emissions. 63.1021 Alternative means of emission (c) Equipment in vacuum service. Connector means flanged, screwed, or limitation. Equipment in vacuum service is other joined fittings used to connect two 63.1022 Equipment identification. excluded from the requirements of this pipelines or a pipeline and a piece of 63.1023 Instrument and sensory monitoring subpart. equipment. A common connector is a for leaks. (d) Equipment in service less than 300 flange. Joined fittings welded 63.1024 Leak repair. completely around the circumference of 63.1025 Valves in gas and vapor service and hours per calendar year. Equipment in light liquid service standards. intended to be in regulated material the interface are not considered 63.1026 Pumps in light liquid service service less than 300 hours per calendar connectors for the purpose of this standards. year is excluded from the requirements regulation. For the purpose of reporting 63.1027 Connectors in gas and vapor of §§ 63.1025 through 63.1034 and and recordkeeping, connector means service and in light liquid service § 63.1036 if it is identified as required joined fittings that are not inaccessible, standards. in § 63.1022(b)(5). ceramic, or ceramic-lined (e.g., 63.1028 Agitators in gas and vapor service (e) Lines and equipment not porcelain, glass, or glass-lined) as and in light liquid service standards. containing process fluids. Lines and described in § 63.1027(e)(2). 63.1029 Pumps, valves, connectors, and equipment not containing process fluids Continuous parameter monitoring agitators in heavy liquid service; pressure relief devices in liquid service; are not subject to the provisions of this system (CPMS) means the total and instrumentation systems standards. subpart. Utilities, and other non-process equipment that may be required to meet 63.1030 Pressure relief devices in gas and lines, such as heating and cooling the data acquisition and availability vapor service standards. systems that do not combine their requirements of this part, used to 63.1031 Compressors standards. materials with those in the processes sample, condition (if applicable),

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Except for equipment or control system parameters. a piece of equipment in regulated leaks, initial startup also does not Control device means any combustion material service contains a gas or vapor include subsequent startups (of process device, recovery device, recapture at operating conditions. units following changes in product for device, or any combination of these In heavy liquid service means that a flexible operation units or following devices used to comply with this part. piece of equipment in regulated material recharging of equipment in batch unit Such equipment or devices include, but service is not in gas and vapor service operations). are not limited to, absorbers, carbon or in light liquid service. Instrumentation system means a adsorbers, condensers, incinerators, In light liquid service means that a group of equipment components used to flares, boilers, and process heaters. piece of equipment in regulated material condition and convey a sample of the Primary condensers on steam strippers service contains a liquid that meets the process fluid to analyzers and or fuel gas systems are not considered following conditions: instruments for the purpose of control devices. (1) The vapor pressure of one or more determining process operating Distance piece means an open or of the organic compounds is greater conditions (e.g., composition, pressure, enclosed casing through which the than 0.3 kilopascals at 20° C, flow, etc.). Valves and connectors are piston rod travels, separating the (2) The total concentration of the pure the predominant type of equipment compressor cylinder from the crankcase. organic compounds constituents having used in instrumentation systems; Double block and bleed system means a vapor pressure greater than 0.3 however, other types of equipment may two block valves connected in series kilopascals at 20° C is equal to or greater also be included in these systems. Only with a bleed valve or line that can vent than 20 percent by weight of the total valves nominally 1.27 centimeters (0.5 the line between the two block valves. process stream, and inches) and smaller, and connectors Equipment means each pump, (3) The fluid is a liquid at operating nominally 1.91 centimeters (0.75 compressor, agitator, pressure relief conditions. inches) and smaller in diameter are device, sampling connection system, considered instrumentation systems for (Note to definition of ‘‘in light liquid open-ended valve or line, valve, service’’: Vapor pressures may be determined the purposes of this subpart. Valves connector, and instrumentation system by standard reference texts or ASTM D– greater than nominally 1.27 centimeters in regulated material service; and any 2879.) (0.5 inches) and connectors greater than control devices or systems used to nominally 1.91 centimeters (0.75 comply with this subpart. In liquid service means that a piece of inches) associated with instrumentation First attempt at repair, for the equipment in regulated material service systems are not considered part of purposes of this subpart, means to take is not in gas and vapor service. instrumentation systems and must be action for the purpose of stopping or In organic hazardous air pollutant or monitored individually. reducing leakage of organic material to in organic HAP service means that piece Liquids dripping means any visible the atmosphere, followed by monitoring of equipment either contains or leakage from the seal including as specified in §§ 63.1023(b) and (c) of contracts a fluid (liquid or gas) that is dripping, spraying, misting, clouding, this subpart in to verify whether the at least 5 percent by weight of total and ice formation. Indications of liquids leak is repaired, unless the owner or organic HAP’s as determined according dripping include puddling or new stains operator determines by other means that to the provisions of § 63.180(d) of that are indicative of an existing the leak is not repaired. subpart H. The provisions of § 63.180(d) evaporated drip. Fuel gas means gases that are of subpart H also specify how to Nonrepairable means that it is combusted to derive useful work or determine that a piece of equipment is technically infeasible to repair a piece of heat. not in organic HAP service. equipment from which a leak has been Fuel gas system means the offsite and In regulated material service means, detected without a process unit or onsite piping and flow and pressure for the purposes of this subpart, affected facility shutdown. control system that gathers gaseous equipment which meets the definition Open-ended valve or line means any stream(s) generated by onsite of ‘‘in VOC service,’’ ‘‘in VHAP valve, except relief valves, having one operations, may blend them with other service,’’ ‘‘in organic hazardous air side of the valve seat in contact with sources of gas, and transports the pollutant service,’’ or ‘‘in’’ other process fluid and one side open to gaseous stream for use a fuel gas in chemicals or groups of chemicals atmosphere, either directly or through combustion equipment, such as ‘‘service’’ as defined in the referencing open piping. furnaces and gas turbines, either singly subpart. Organic monitoring device means a or in combination. In-situ sampling systems means unit of equipment used to indicate the In food and medical service means nonextractive samplers or in-line concentration level of organic that a piece of equipment in regulated samplers. compounds based on a detection material service contacts a process In vacuum service means that principle such as infra-red, stream used to manufacture a Food and equipment is operating at an internal photoionization, or thermal Drug Administration regulated product pressure which is at least 5 kilopascals conductivity. where leakage of a barrier fluid into the below ambient pressure. Polymerizing monomer means a process stream would cause any of the Initial startup means for new sources, compound which may form polymer following: the first time the source begins buildup in pump mechanical seals (1) A dilution of product quality so production. For additions or changes resulting in rapid mechanical seal that the product would not meet written not defined as a new source by this failure. specifications, subpart, initial startup means the first Pressure release means the emission (2) An exothermic reaction which is a time additional or changed equipment is of materials resulting from the system safety hazard, put into operation. Initial startup does pressure being greater than the set (3) The intended reaction to be not include operation solely for testing pressure of the relief device. This slowed down or stopped, or of equipment. Initial startup does not release can be one release or a series of (4) An undesired side reaction to include subsequent startup of process releases over a short time period due to occur. units following malfunction or process a malfunction in the process.

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Pressure relief device or valve means error, a malfunction such as a power determination of alternative means of a safety device used to prevent failure or equipment failure, or other emission limitation to the requirements operating pressures from exceeding the unexpected cause that requires of §§ 63.1025 through 63.1034 as maximum allowable working pressure immediate venting of gas from process provided in paragraph (d) of this of the process equipment. A common equipment in order to avoid safety section. If the Administrator makes a pressure relief device is a spring-loaded hazards or equipment damage. determination that a means of emission pressure relief valve. Devices that are Repaired, for the purposes of this limitation is a permissible alternative, actuated either by a pressure of less than subpart, means that equipment is the owner or operator shall either or equal to 2.5 pounds per square inch adjusted, or otherwise altered, to comply with the alternative or comply gauge or by a vacuum are not pressure eliminate a leak as defined in the with the requirements of §§ 63.1025 relief devices. applicable sections of this subpart and through 63.1034. Process unit means the equipment unless otherwise specified in applicable (c) Requests by manufacturers of specified in the definitions of process provisions of this subpart, is monitored equipment. (1) Manufacturers of unit in the applicable referencing as specified in §§ 63.1023(b) and (c) to equipment used to control equipment subpart. If the referencing subpart does verify that emissions from the leaks of the regulated material may not define process unit, then for the equipment are below the applicable leak apply to the Administrator for purposes of this part, process unit definition. permission for an alternative means of means the equipment assembled and Routed to a process or route to a emission limitation that achieves a connected by pipes or ducts to process process means the emissions are reduction in emissions of the regulated raw materials and to manufacture an conveyed to any enclosed portion of a material achieved by the equipment, intended product. process unit where the emissions are design, and operational requirements of Process unit shutdown means a work predominantly recycled and/or this subpart. practice or operational procedure that consumed in the same manner as a (2) The Administrator will grant stops production from a process unit, or material that fulfills the same function permission according to the provisions part of a process unit during which it is in the process and/or transformed by of paragraph (d) of this section. technically feasible to clear process chemical reaction into materials that are (d) Permission to use an alternative material from a process unit, or part of not regulated materials and/or means of emission limitation. a process unit, consistent with safety incorporated into a product; and/or Permission to use an alternative means constraints and during which repairs recovered. of emission limitation shall be governed can be affected. The following are not Sampling connection system means by the procedures in paragraphs (d)(1) considered process unit shutdowns: an assembly of equipment within a through (d)(4) of this section. (1) An unscheduled work practice or process unit or affected facility used (1) Where the standard is an operations procedure that stops during periods of representative equipment, design, or operational production from a process unit, or part operation to take samples of the process requirement, the requirements of of a process unit, for less than 24 hours. fluid. Equipment used to take paragraphs (d)(1)(i) through (d)(1)(iii) of (2) An unscheduled work practice or nonroutine grab samples is not this section apply. operations procedure that would stop considered a sampling connection (i) Each owner or operator applying production from a process unit, or part system. for permission to use an alternative of a process unit, for a shorter period of Screwed (threaded) connector means means of emission limitation shall be time than would be required to clear the a threaded pipe fitting where the responsible for collecting and verifying process unit, or part of the process unit, threads are cut on the pipe wall and the emission performance test data for an of materials and start up the unit, and fitting requires only two pieces to make alternative means of emission would result in greater emissions than the connection (i.e., the pipe and the limitation. delay of repair of leaking components fitting). (ii) The Administrator will compare until the next scheduled process unit Sensor means a device that measures test data for the means of emission shutdown. a physical quantity or the change in a limitation to test data for the equipment, (3) The use of spare equipment and physical quantity, such as temperature, design, and operational requirements. technically feasible bypassing of pressure, flow rate, pH, or liquid level. (iii) The Administrator may condition equipment without stopping Set pressure means for the purposes the permission on requirements that production. of this subpart, the pressure at which a may be necessary to ensure operation Referencing subpart means the properly operating pressure relief device and maintenance to achieve at least the subpart that refers an owner or operator begins to open to relieve atypical same emission reduction as the to this subpart. process system operating pressure. equipment, design, and operational Regulated material, for purposes of Start-up means the setting into requirements of this subpart. this part, refers to gas from volatile operation of a piece of equipment or a (2) Where the standard is a work organic liquids (VOL), volatile organic control device that is subject to this practice, the requirements of paragraphs compounds (VOC), hazardous air subpart. (d)(2)(i) through (d)(2)(vi) of this section pollutants (HAP), or other chemicals or apply. groups of chemicals that are regulated § 63.1021 Alternative means of emission (i) Each owner or operator applying by the referencing subpart. limitation. for permission to use an alternative Regulated source for the purposes of (a) Performance standard exemption. means of emission limitation shall be this part, means the stationary source, The provisions of paragraph (b) of this responsible for collecting and verifying the group of stationary sources, or the section do not apply to the performance test data for the alternative. portion of a stationary source that is standards of § 63.1030(b) for pressure (ii) For each kind of equipment for regulated by a referencing subpart. relief devices or § 63.1031(f) for which permission is requested, the Relief device or valve means a valve compressors operating under the emission reduction achieved by the used only to release an unplanned, alternative compressor standard. required work practices shall be nonroutine discharge. A relief valve (b) Requests by owners or operators. demonstrated for a minimum period of discharge can result from an operator An owner or operator may request a 12 months.

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(iii) For each kind of equipment for the connectors subject to the provisions of paragraph (c)(2)(i) apply. which permission is requested, the requirements of this subpart. Connectors Agitators meeting the provisions of emission reduction achieved by the need not be individually identified if all § 63.1028(e)(5) may be designated alternative means of emission limitation connectors in a designated area or difficult-to-monitor if the provisions of shall be demonstrated. length of pipe subject to the provisions paragraph (c)(2)(ii) apply. (iv) Each owner or operator applying of this subpart are identified as a group, (i) Valves. (A) The owner or operator for such permission shall commit, in and the number of connectors subject is of the valve determines that the valve writing, for each kind of equipment to indicated. With respect to connectors, cannot be monitored without elevating work practices that provide for emission the identification shall be complete no the monitoring personnel more than 2 reductions equal to or greater than the later than the completion of the initial meters (7 feet) above a support surface emission reductions achieved by the survey required by paragraph (a) of this or it is not accessible in a safe manner required work practices. section. when it is in regulated material service; (v) The Administrator will compare (2) Routed to a process or fuel gas and the demonstrated emission reduction for system or equipped with a closed vent (B) The process unit or affected the alternative means of emission system and control device. Identify the facility within which the valve is limitation to the demonstrated emission equipment that the owner or operator located is an existing source, or the reduction for the required work elects to route to a process or fuel gas owner or operator designates less than practices and will consider the system or equip with a closed vent 3 percent of the total number of valves commitment in paragraph (d)(2)(iv) of system and control device, under the in a new source as difficult-to-monitor. this section. provisions of § 63.1026(e)(3) (pumps in (ii) Agitators. The owner or operator (vi) The Administrator may condition light liquid service), § 63.1028(e)(3) determines that the agitator cannot be the permission on requirements that (agitators), § 63.1030(d) (pressure relief monitored without elevating the may be necessary to ensure operation devices in gas and vapor service), monitoring personnel more than 2 and maintenance to achieve the same or § 63.1031(e) (compressors), or meters (7 feet) above a support surface greater emission reduction as the § 63.1037(a) (alternative means of or it is not accessible in a safe manner required work practices of this subpart. emission limitation for enclosed-vented when it is in regulated material service. (3) An owner or operator may offer a process units). (3) Identification of unsafe or unique approach to demonstrate the (3) Pressure relief devices. Identify the difficult-to-monitor equipment. The alternative means of emission pressure relief devices equipped with owner or operator shall record the limitation. rupture disks, under the provisions of identity of equipment designated as (4) If, in the judgement of the § 63.1030(e). unsafe-to-monitor according to the Administrator, an alternative means of (4) Instrumentation systems. Identify provisions of paragraph (c)(1) of this emission limitation will be approved, instrumentation systems subject to the section and the planned schedule for the Administrator will publish a notice provisions of § 63.1029 of this subpart. monitoring this equipment. The owner of the determination in the Federal Individual components in an or operator shall record the identity of Register using the procedures specified instrumentation system need not be equipment designated as difficult-to- in the referencing subpart. identified. monitor according to the provisions of (5) Equipment in service less than 300 paragraph (c)(2) of this section, the § 63.1022 Equipment identification. hours per calendar year. The identity, planned schedule for monitoring this (a) General equipment identification. either by list, location (area or group), or equipment, and an explanation why the Equipment subject to this subpart shall other method, of equipment in regulated equipment is unsafe or difficult-to- be identified. Identification of the material service less than 300 hours per monitor. This record must be kept at the equipment does not require physical calendar year within a process unit or plant and be available for review by an tagging of the equipment. For example, affected facilities subject to the inspector. the equipment may be identified on a provisions of this subpart shall be (4) Written plan requirements. (i) The plant site plan, in log entries, by recorded. owner or operator of equipment designation of process unit or affected (c) Special equipment designations: designated as unsafe-to-monitor facility boundaries by some form of Equipment that is unsafe or difficult-to- according to the provisions of paragraph weatherproof identification, or by other monitor. (1) Designation and criteria for (c)(1) of this section shall have a written appropriate methods. unsafe-to-monitor. Valves meeting the plan that requires monitoring of the (b) Additional equipment provisions of § 63.1025(e)(1), pumps equipment as frequently as practical identification. In addition to the general meeting the provisions of during safe-to-monitor times, but not identification required by paragraph (a) § 63.1026(e)(6), connectors meeting the more frequently than the periodic of this section, equipment subject to any provisions of § 63.1027(e)(1), and monitoring schedule otherwise of the provisions in §§ 63.1023 through agitators meeting the provisions of applicable, and repair of the equipment 63.1034 shall be specifically identified § 63.1028(e)(7) may be designated according to the procedures in § 63.1024 as required in paragraphs (b)(1) through unsafe-to-monitor if the owner or if a leak is detected. (b)(5) of this section, as applicable. This operator determines that monitoring (ii) The owner or operator of paragraph does not apply to an owner personnel would be exposed to an equipment designated as difficult-to- or operator of a batch product process immediate danger as a consequence of monitor according to the provisions of who elects to pressure test the batch complying with the monitoring paragraph (c)(2) of this section shall product process equipment train requirements of this subpart. Examples have a written plan that requires pursuant to § 63.1036. of unsafe-to-monitor equipment include, monitoring of the equipment at least (1) Connectors. Except for but is not limited to, equipment under once per calendar year and repair of the inaccessible, ceramic, or ceramic-lined extreme pressure or heat. equipment according to the procedures connectors meeting the provision of (2) Designation and criteria for in § 63.1024 if a leak is detected. § 63.1027(e)(2) and instrumentation difficult-to-monitor. Valves meeting the (d) Special equipment designations: systems identified pursuant to provisions of § 63.1025(e)(2) may be Equipment that is unsafe-to-repair. (1) paragraph (b)(4) of this section, identify designated difficult-to-monitor if the Designation and criteria. Connectors

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Calibration gases shall be zero air an immediate danger as a consequence and in light liquid service shall be (less than 10 parts per million of of complying with the repair monitored pursuant to § 63.1028(c). hydrocarbon in air); and the gases requirements of this subpart, and if the (v) Pressure relief devices in gas and specified in paragraph (b)(4)(i) of this connector will be repaired before the vapor service shall be monitored section except as provided in paragraph end of the next process unit or affected pursuant to § 63.1030(c). (b)(4)(ii) of this section. facility shutdown as specified in (vi) Compressors designated to (i) Mixtures of methane in air at a § 63.1024(e)(2). operate with an instrument reading less concentration no more than 2,000 parts (2) Identification of equipment. The than 500 parts per million above per million greater than the leak identity of connectors designated as background, as described in definition concentration of the unsafe-to-repair and an explanation why § 63.1022(e), shall be monitored equipment monitored. If the monitoring the connector is unsafe-to-repair shall pursuant to § 63.1031(f). instrument’s design allows for multiple be recorded. (2) Sensory monitoring for leaks. (i) calibration scales, then the lower scale (e) Special equipment designations: Pumps in light liquid service shall be shall be calibrated with a calibration gas Compressors operating with an observed pursuant to §§ 63.1026(b)(4) that is no higher than 2,000 parts per instrument reading of less than 500 and (e)(1)(v). million above the concentration specified as a leak, and the highest scale parts per million above background. (ii) [Reserved]. shall be calibrated with a calibration gas Identify the compressors that the owner (iii) Agitators in gas and vapor service that is approximately equal to 10,000 or operator elects to designate as and in light liquid service shall be parts per million. If only one scale on operating with an instrument reading of observed pursuant to § 63.1028(c)(3) or an instrument will be used during less than 500 parts per million above (e)(1)(iv). monitoring, the owner or operator need background, under the provisions of (iv) [Reserved]. not calibrate the scales that will not be § 63.1031(f). (b) Instrument monitoring methods. used during that day’s monitoring. (f) Special equipment designations: Instrument monitoring, as required (ii) A calibration gas other than Equipment in heavy liquid service. The under this subpart, shall comply with methane in air may be used if the owner or operator of equipment in the requirements specified in instrument does not respond to methane heavy liquid service shall comply with paragraphs (b)(1) through (b)(6) of this or if the instrument does not meet the the requirements of either paragraph section. performance criteria specified in (f)(1) or (f)(2) of this section, as provided (1) Monitoring method. Monitoring paragraph (b)(2)(i) of this section. In in paragraph (f)(3) of this section. shall comply with Method 21 of 40 CFR such cases, the calibration gas may be a (1) Retain information, data, and part 60, appendix A, except as mixture of one or more of the analyses used to determine that a piece otherwise provided in this section. compounds to be measured in air. of equipment is in heavy liquid service. (2) Detection instrument performance (5) Monitoring performance. (2) When requested by the criteria. (i) Except as provided for in Monitoring shall be performed when the Administrator, demonstrate that the paragraph (b)(2)(ii) of this section, the equipment is in regulated material piece of equipment or process is in detection instrument shall meet the service or is in use with any other heavy liquid service. performance criteria of Method 21 of 40 detectable material. (3) A determination or demonstration CFR part 60, appendix A, except the (6) Monitoring data. Monitoring data that a piece of equipment or process is instrument response factor criteria in obtained prior to the regulated source in heavy liquid service shall include an section 3.1.2, paragraph (a) of Method becoming subject to the referencing analysis or demonstration that the 21 shall be for the representative subpart that do not meet the criteria process fluids do not meet the definition composition of the process fluid not specified in paragraphs (b)(1) through of ‘‘in light liquid service.’’ Examples of each individual VOC in the stream. For (b)(5) of this section may still be used information that could document this process streams that contain nitrogen, to qualify initially for less frequent include, but are not limited to, records air, water or other inerts that are not monitoring under the provisions in of chemicals purchased for the process, HAP or VOC, the representative stream § 63.1025(a)(2), (b)(3) or (b)(4) for valves analyses of process stream composition, response factor shall be determined on or § 63.1027(b)(3) for connectors engineering calculations, or process an inert-free basis. The response factor provided the departures from the knowledge. may be determined at any concentration criteria or from the specified monitoring for which monitoring for leaks will be frequency of § 63.1025(b)(3) or (b)(4) or § 63.1023 Instrument and sensory conducted. § 63.1027(b)(3) are minor and do not monitoring for leaks. (ii) If there is no instrument significantly affect the quality of the (a) Monitoring for leaks. The owner or commercially available that will meet data. Examples of minor departures are operator of a regulated source subject to the performance criteria specified in monitoring at a slightly different this subpart shall monitor regulated paragraph (b)(2)(i) of this section, the frequency (such as every 6 weeks equipment as specified in paragraph instrument readings may be adjusted by instead of monthly or quarterly), (a)(1) of this section for instrument multiplying by the representative following the performance criteria of monitoring and paragraph (a)(2) of this response factor of the process fluid, section 3.1.2, paragraph (a) of Method section for sensory monitoring. calculated on an inert-free basis as 21 of Appendix A of 40 CFR part 60 (1) Instrument monitoring for leaks. (i) described in paragraph (b)(2)(i) of this instead of paragraph (b)(2) of this Valves in gas and vapor service and in section. section, or monitoring using a different light liquid service shall be monitored (3) Detection instrument calibration leak definition if the data would pursuant to § 63.1025(b). procedure. The detection instrument indicate the presence or absence of a (ii) Pumps in light liquid service shall shall be calibrated before use on each leak at the concentration specified in be monitored pursuant to § 63.1026(b). day of its use by the procedures this subpart. Failure to use a calibrated

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34904 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations instrument is not considered a minor § 63.1024 Leak repair. from the process and that does not departure. (a) Leak repair schedule. The owner remain in regulated material service. (c) Instrument monitoring using or operator shall repair each leak (3) Delay of repair for valves, background adjustments. The owner or detected as soon as practical, but not connectors, and agitators is also allowed operator may elect to adjust or not to later than 15 calendar days after it is if the provisions of paragraphs (d)(3)(i) adjust the instrument readings for detected, except as provided in and (d)(3)(ii) of this section are met. background. If an owner or operator paragraphs (d) and (e) of this section. A (i) The owner or operator determines elects not to adjust instrument readings first attempt at repair as defined in this that emissions of purged material for background, the owner or operator subpart shall be made no later than 5 resulting from immediate repair would shall monitor the equipment according calendar days after the leak is detected. be greater than the fugitive emissions to the procedures specified in First attempt at repair for pumps likely to result from delay of repair, and paragraphs (b)(1) through (b)(5) of this includes, but is not limited to, (ii) When repair procedures are section. In such cases, all instrument tightening the packing gland nuts and/ effected, the purged material is collected readings shall be compared directly to or ensuring that the seal flush is and destroyed, collected and routed to the applicable leak definition for the operating at design pressure and a fuel gas system or process, or monitored equipment to determine temperature. First attempt at repair for recovered in a control device complying whether there is a leak or to determine valves includes, but is not limited to, with either § 63.1034 or § 63.1021(b) of compliance with § 63.1030(b) (pressure tightening the bonnet bolts, and/or this part. relief devices) or § 63.1031(f) replacing the bonnet bolts, and/or (4) Delay of repair for pumps is also (alternative compressor standard). If an tightening the packing gland nuts, and/ allowed if the provisions of paragraphs owner or operator elects to adjust or injecting lubricant into the lubricated (d)(4)(i) and (d)(4)(ii) of this section are instrument readings for background, the packing. met. owner or operator shall monitor the (b) [Reserved] (i) Repair requires replacing the equipment according to the procedures (c) Leak identification removal. (1) existing seal design with a new system specified in paragraphs (c)(1) through Valves and connectors in gas/vapor and that the owner or operator has (c)(4) of this section. light liquid service. The leak determined under the provisions of (1) The requirements of paragraphs identification on a valve in gas/vapor or § 63.1035(d) will provide better (b)(1) through (b)(5) of this section shall light liquid service may be removed performance or one of the specifications apply. after it has been monitored as specified of paragraphs (d)(4)(i)(A) through (2) The background level shall be in § 63.1025(d)(2), and no leak has been (d)(4)(i)(C) of this section are met. determined, using the procedures in detected during that monitoring. The (A) A dual mechanical seal system Method 21 of 40 CFR part 60, appendix leak identification on a connector in that meets the requirements of A. gas/vapor or light liquid service may be § 63.1026(e)(1) will be installed; (3) The instrument probe shall be removed after it has been monitored as (B) A pump that meets the traversed around all potential leak specified in § 63.1027(b)(3)(iv) and no requirements of § 63.1026(e)(2) will be interfaces as close to the interface as leak has been detected during that installed; or possible as described in Method 21 of monitoring. (C) A system that routes emissions to 40 CFR part 60, appendix A. (2) Other equipment. The a process or a fuel gas system or a closed (4) The arithmetic difference between identification that has been placed, vent system and control device that the maximum concentration indicated pursuant to § 63.1023(e)(1), on meets the requirements of by the instrument and the background equipment determined to have a leak, § 63.1026(e)(3) will be installed; and level shall be compared to the except for a valve or for a connector in (ii) Repair is completed as soon as applicable leak definition for the gas/vapor or light liquid service that is practical, but not later than 6 months monitored equipment to determine subject to the provisions of after the leak was detected. whether there is a leak or to determine § 63.1027(b)(3)(iv), may be removed (5) Delay of repair beyond a process compliance with § 63.1030(b) (pressure after it is repaired. unit or affected facility shutdown will relief devices) or § 63.1031(f) (d) Delay of repair. Delay of repair is be allowed for a valve if valve assembly (alternative compressor standard). allowed for any of the conditions replacement is necessary during the (d) Sensory monitoring methods. specified in paragraphs (d)(1) through process unit or affected facility Sensory monitoring consists of visual, (d)(5) of this section. The owner or shutdown, and valve assembly supplies audible, olfactory, or any other operator shall maintain a record of the have been depleted, and valve assembly detection method used to determine a facts that explain any delay of repairs supplies had been sufficiently stocked potential leak to the atmosphere. and, where appropriate, why the repair before the supplies were depleted. Delay (e) Leaking equipment identification was technically infeasible without a of repair beyond the second process unit and records. (1) When each leak is process unit shutdown. or affected facility shutdown will not be detected pursuant to the monitoring (1) Delay of repair of equipment for allowed unless the third process unit or specified in paragraph (a) of this which leaks have been detected is affected facility shutdown occurs sooner section, a weatherproof and readily allowed if repair within 15 days after a than 6 months after the first process unit visible identification, shall be attached leak is detected is technically infeasible or affected facility shutdown. to the leaking equipment. without a process unit or affected (e) Unsafe-to-repair—connectors. Any (2) When each leak is detected, the facility shutdown. Repair of this connector that is designated, as information specified in § 63.1024(f) equipment shall occur as soon as described in § 63.1022(d), as an unsafe- shall be recorded and kept pursuant to practical, but no later than the end of to-repair connector is exempt from the the referencing subpart, except for the the next process unit or affected facility requirements of § 63.1027(d), and information for connectors complying shutdown, except as provided in paragraph (a) of this section. with the 8 year monitoring period paragraph (d)(5) of this section. (f) Leak repair records. For each leak allowed under § 63.1027(b)(3)(iii) shall (2) Delay of repair of equipment for detected, the information specified in be kept 5 years beyond the date of its which leaks have been detected is paragraphs (f)(1) through (f)(5) of this last use. allowed for equipment that is isolated section shall be recorded and

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34905 maintained pursuant to the referencing leaks at the intervals specified in (A) The owner or operator shall subpart. paragraphs (b)(3)(i) through (b)(3)(v) of determine which valves are assigned to (1) The date of first attempt to repair this section and shall keep the record each subgroup. Valves with less than the leak. specified in paragraph (b)(3)(vi) of this one year of monitoring data or valves (2) The date of successful repair of the section. not monitored within the last twelve leak. (i) If at least the greater of 2 valves or months must be placed initially into the (3) Maximum instrument reading 2 percent of the valves in a process unit most frequently monitored subgroup measured by Method 21 of 40 CFR part leak, as calculated according to until at least one year of monitoring data 60, appendix A at the time the leak is paragraph (c) of this section, the owner have been obtained. successfully repaired or determined to or operator shall monitor each valve be nonrepairable. once per month. (B) Any valve or group of valves can (4) ‘‘Repair delayed’’ and the reason (ii) At process units with less than the be reassigned from a less frequently for the delay if a leak is not repaired greater of 2 leaking valves or 2 percent monitored subgroup to a more within 15 calendar days after discovery leaking valves, the owner or operator frequently monitored subgroup of the leak as specified in paragraphs shall monitor each valve once each provided that the valves to be (f)(4)(i) and (f)(4)(ii) of this section. quarter, except as provided in reassigned were monitored during the (i) The owner or operator may paragraphs (b)(3)(iii) through (b)(3)(v) of most recent monitoring period for the develop a written procedure that this section. Monitoring data generated less frequently monitored subgroup. The identifies the conditions that justify a before the regulated source became monitoring results must be included delay of repair. The written procedures subject to the referencing subpart and with that less frequently monitored may be included as part of the startup, meeting the criteria of either subgroup’s associated percent leaking shutdown, and malfunction plan, as § 63.1023(b)(1) through (b)(5), or valves calculation for that monitoring required by the referencing subpart for § 63.1023(b)(6), may be used to qualify event. the source, or may be part of a separate initially for less frequent monitoring document that is maintained at the (C) Any valve or group of valves can under paragraphs (b)(3)(iii) through be reassigned from a more frequently plant site. In such cases, reasons for (b)(3)(v) of this section. monitored subgroup to a less frequently delay of repair may be documented by (iii) At process units with less than 1 monitored subgroup provided that the citing the relevant sections of the percent leaking valves, the owner or valves to be reassigned have not leaked written procedure. operator may elect to monitor each (ii) If delay of repair was caused by valve once every two quarters for the period of the less frequently depletion of stocked parts, there must be (iv) At process units with less than 0.5 monitored subgroup (e.g., for the last 12 documentation that the spare parts were percent leaking valves, the owner or months, if the valve or group of valves sufficiently stocked on-site before operator may elect to monitor each is to be reassigned to a subgroup being depletion and the reason for depletion. valve once every four quarters. monitored annually). Nonrepairable (5) Dates of process unit or affected (v) At process units with less than valves may not be reassigned to a less facility shutdowns that occur while the 0.25 percent leaking valves, the owner frequently monitored subgroup. equipment is unrepaired. or operator may elect to monitor each (iii) The owner or operator shall § 63.1025 Valves in gas and vapor service valve once every 2 years. determine every 6 months if the overall and in light liquid service standards. (vi) The owner or operator shall keep performance of total valves in the (a) Compliance schedule. (1) The a record of the monitoring schedule for applicable process unit or group of owner or operator shall comply with each process unit. process units is less than 2 percent this section no later than the (4) Valve subgrouping. For a process leaking valves and so indicate the compliance dates specified in the unit or a group of process units to which performance in the next Periodic referencing subpart. this subpart applies, an owner or Report. If the overall performance of (2) The use of monitoring data operator may choose to subdivide the total valves in the applicable process generated before the regulated source valves in the applicable process unit or unit or group of process units is 2 became subject to the referencing group of process units and apply the percent leaking valves or greater, the provisions of paragraph (b)(3) of this subpart to qualify initially for less owner or operator shall no longer section to each subgroup. If the owner frequent monitoring is governed by the subgroup and shall revert to the or operator elects to subdivide the provisions of § 63.1023(b)(6). program required in paragraphs (b)(1) (b) Leak detection. Unless otherwise valves in the applicable process unit or through (b)(3) of this section for that specified in § 63.1021(b) or paragraph group of process units, then the applicable process unit or group of (e) of this section, or the referencing provisions of paragraphs (b)(4)(i) process units. An owner or operator can subpart, the owner or operator shall through (b)(4)(viii) of this section apply. monitor all valves at the intervals (i) The overall performance of total again elect to comply with the valve specified in paragraphs (b)(3) and/or valves in the applicable process unit or subgrouping procedures of paragraph (b)(4) of this section and shall comply group of process units to be subdivided (b)(4) of this section if future overall with all other provisions of this section. shall be less than 2 percent leaking performance of total valves in the (1) Monitoring method. The valves valves, as detected according to process unit or group of process units is shall be monitored to detect leaks by the paragraphs (b)(1) and (b)(2) of this again less than 2 percent. The overall method specified in § 63.1023(b) and, as section and as calculated according to performance of total valves in the applicable, § 63.1023(c). paragraphs (c)(1)(ii) and (c)(2) of this applicable process unit or group of (2) Instrument reading that defines a section. process units shall be calculated as a leak. The instrument reading that (ii) The initial assignment or weighted average of the percent leaking defines a leak is 500 parts per million subsequent reassignment of valves to valves of each subgroup according to or greater. subgroups shall be governed by the Equation number 1: (3) Monitoring frequency. The owner provisions of paragraphs (b)(4)(ii)(A) or operator shall monitor valves for through (b)(4)(ii)(C) of this section.

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n permit whether to calculate percent service shall be included in the × ∑()%VVLi i leaking valves on a process unit or calculation of percent leaking valves. %V = i=1 [Eq. 1] group of process units basis. Once the (d) Leak repair. (1) If a leak is LO n owner or operator has decided, all determined pursuant to paragraph (b), ∑ Vi subsequent percentage calculations (e)(1), or (e)(2) of this section, then the i=1 shall be made on the same basis and this leak shall be repaired using the where: shall be the basis used for comparison procedures in § 63.1024, as applicable. with the subgrouping criteria specified (2) After a leak has been repaired, the %VLO = Overall performance of total valve shall be monitored at least once valves in the applicable process in paragraph (b)(4)(i) of this section. within the first 3 months after its repair. unit or group of process units (ii) The percent leaking valves for each monitoring period for each process The monitoring required by this %VLi = Percent leaking valves in paragraph is in addition to the subgroup i, most recent value unit or valve subgroup, as provided in monitoring required to satisfy the calculated according to the paragraph (b)(4) of this section, shall be definition of repaired and first attempt procedures in paragraphs (c)(1)(ii) calculated using the following equation: at repair. and (c)(2) of this section. %/VVV= () ×100 [Eq. 2] (i) The monitoring shall be conducted Vi = Number of valves in subgroup i. LLT as specified in § 63.1023(b) and (c) of n = Number of subgroups. where: this section, as appropriate, to (iv) The owner or operator shall %VL = Percent leaking valves. determine whether the valve has maintain records specified in VL = Number of valves found leaking, resumed leaking. paragraphs (b)(4)(iv)(A) through excluding nonrepairable valves, as (ii) Periodic monitoring required by (b)(4)(iv)(D) of this section. provided in paragraph (c)(3) of this paragraph (b) of this section may be (A) Which valves are assigned to each section, and including those valves used to satisfy the requirements of this subgroup, found leaking pursuant to paragraph, if the timing of the (B) Monitoring results and paragraphs (d)(2)(iii)(A) and monitoring period coincides with the calculations made for each subgroup for (d)(2)(iii)(B) of this section. time specified in this paragraph. each monitoring period, VT = The sum of the total number of Alternatively, other monitoring may be (C) Which valves are reassigned, the valves monitored. performed to satisfy the requirements of last monitoring result prior to (2) Calculation for monitoring this paragraph, regardless of whether reassignment, and when they were frequency. When determining the timing of the monitoring period for reassigned, and monitoring frequency for each process periodic monitoring coincides with the (D) The results of the semiannual unit or valve subgroup subject to time specified in this paragraph. overall performance calculation monthly, quarterly, or semiannual (iii) If a leak is detected by monitoring required in paragraph (b)(4)(iii) of this monitoring frequencies, the percent that is conducted pursuant to paragraph section. leaking valves shall be the arithmetic (d)(2) of this section, the owner or (v) The owner or operator shall notify average of the percent leaking valves operator shall follow the provisions of the Administrator no later than 30 days from the last two monitoring periods. paragraphs (d)(2)(iii)(A) and prior to the beginning of the next When determining monitoring (d)(2)(iii)(B) of this section, to determine monitoring period of the decision to frequency for each process unit or valve whether that valve must be counted as subgroup valves. The notification shall subgroup subject to annual or biennial a leaking valve for purposes of identify the participating process units (once every 2 years) monitoring paragraph (c)(1)(ii) of this section. and the number of valves assigned to frequencies, the percent leaking valves (A) If the owner or operator elected to each subgroup, if applicable, and may shall be the arithmetic average of the use periodic monitoring required by be included in the next Periodic Report. percent leaking valves from the last paragraph (b) of this section to satisfy (vi) The owner or operator shall three monitoring periods. the requirements of paragraph (d)(2) of submit in the periodic reports the (3) Nonrepairable valves. (i) this section, then the valve shall be information specified in paragraphs Nonrepairable valves shall be included counted as a leaking valve. (b)(4)(vi)(A) and (b)(4)(vi)(B). in the calculation of percent leaking (B) If the owner or operator elected to (A) Total number of valves in each valves the first time the valve is use other monitoring, prior to the subgroup, and identified as leaking and nonrepairable periodic monitoring required by (B) Results of the semiannual overall and as required to comply with paragraph (b) of this section, to satisfy performance calculation required by paragraph (c)(3)(ii) of this section. the requirements of paragraph (d)(2) of paragraph (b)(4)(iii) of this section. Otherwise, a number of nonrepairable this section, then the valve shall be (vii) To determine the monitoring valves (identified and included in the counted as a leaking valve unless it is frequency for each subgroup, the percent leaking valves calculation in a repaired and shown by periodic calculation procedures of paragraph previous period) up to a maximum of 1 monitoring not to be leaking. (c)(2) of this section shall be used. percent of the total number of valves in (e) Special provisions for valves. (1) (viii) Except for the overall regulated material service at a process Unsafe-to-monitor valves. Any valve performance calculations required by unit or affected facility may be excluded that is designated, as described in paragraphs (b)(4)(i) and (iii) of this from calculation of percent leaking § 63.1022(c)(1), as an unsafe-to-monitor section, each subgroup shall be treated valves for subsequent monitoring valve is exempt from the requirements as if it were a process unit for the periods. of paragraphs (b) and (d)(2) of this purposes of applying the provisions of (ii) If the number of nonrepairable section and the owner or operator shall this section. valves exceeds 1 percent of the total monitor the valve according to the (c) Percent leaking valves calculation. number of valves in regulated material written plan specified in § 63.1022(c)(4). (1) Calculation basis and procedures. (i) service at a process unit or affected (2) Difficult-to-monitor valves. Any The owner or operator shall decide no facility, the number of nonrepairable valve that is designated, as described in later than the compliance date of this valves exceeding 1 percent of the total § 63.1022(c)(2), as a difficult-to-monitor part or upon revision of an operating number of valves in regulated material valve is exempt from the requirements

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34907 of paragraph (b) of this section and the defines a leak is specified in paragraphs specified in paragraph (b)(3) of this owner or operator shall monitor the (b)(2)(i) through (b)(2)(iii) of this section; or valve according to the written plan section. (ii) The owner or operator shall specified in § 63.1022(c)(4). (i) 5,000 parts per million or greater eliminate the visual indications of (3) Fewer than 250 valves. Any for pumps handling polymerizing liquids dripping. equipment located at a plant site with monomers; fewer than 250 valves in regulated (ii) 2,000 parts per million or greater (c) Percent leaking pumps calculation. material service is exempt from the for pumps in food/medical service; and (1) The owner or operator shall decide requirements for monthly monitoring (iii) 1,000 parts per million or greater no later than the compliance date of this specified in paragraph (b)(3)(i) of this for all other pumps. part or upon revision of an operating section. Instead, the owner or operator (3) Leak repair exception. For pumps permit whether to calculate percent shall monitor each valve in regulated to which a 1,000 parts per million leak leaking pumps on a process unit basis material service for leaks once each definition applies, repair is not required or group of process units basis. Once the quarter, as provided in paragraphs (e)(1) unless an instrument reading of 2,000 owner or operator has decided, all and (e)(2) of this section. parts per million or greater is detected. subsequent percentage calculations shall be made on the same basis. § 63.1026 Pumps in light liquid service (4) Visual inspection. Each pump standards. shall be checked by visual inspection (2) If, when calculated on a 6-month (a) Compliance schedule. The owner each calendar week for indications of rolling average, at least the greater of or operator shall comply with this liquids dripping from the pump seal. either 10 percent of the pumps in a section no later than the compliance The owner or operator shall document process unit or three pumps in a process dates specified in the referencing that the inspection was conducted and unit leak, the owner or operator shall subpart. the date of the inspection. If there are implement a quality improvement (b) Leak detection. Unless otherwise indications of liquids dripping from the program for pumps that complies with specified in § 63.1021(b), § 63.1036, pump seal at the time of the weekly the requirements of § 63.1035. inspection, the owner or operator shall § 63.1037, or paragraph (e) of this (3) The number of pumps at a process section, the owner or operator shall follow the procedure specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this unit or affected facility shall be the sum monitor each pump to detect leaks and of all the pumps in regulated material shall comply with all other provisions section. (i) The owner or operator shall service, except that pumps found of this section. leaking in a continuous process unit or (1) Monitoring method and frequency. monitor the pump as specified in affected facility within 1 month after The pumps shall be monitored monthly § 63.1023(b) and, as applicable, start-up of the pump shall not count in to detect leaks by the method specified § 63.1023(c). If the instrument reading in § 63.1023(b) and, as applicable, indicates a leak as specified in the percent leaking pumps calculation § 63.1023(c). paragraph (b)(2) of this section, a leak is for that one monitoring period only. (2) Instrument reading that defines a detected and it shall be repaired using (4) Percent leaking pumps shall be leak. The instrument reading that the procedures in § 63.1024, except as determined by the following equation:

= − − × %/[.PLLSTS()() P P() P P100 Eq 3]

Where: seal system that includes a barrier fluid malfunction) greater than the pump %PL = Percent leaking pumps system is exempt from the requirements stuffing box pressure; or PL = Number of pumps found leaking as of paragraph (b) of this section, (B) Equipped with a barrier fluid determined through monthly provided the requirements specified in degassing reservoir that is routed to a monitoring as required in paragraph paragraphs (e)(1)(i) through (e)(1)(viii) of process or fuel gas system or connected (b)(1) of this section. Do not include this section are met. by a closed-vent system to a control results from inspection of unsafe-to- (i) The owner or operator determines, device that complies with the monitor pumps pursuant to based on design considerations and requirements of either § 63.1034 or paragraph (e)(6) of this section. operating experience, criteria applicable § 63.1021(b) of this part; or PS = Number of pumps leaking within to the presence and frequency of drips (C) Equipped with a closed-loop 1 month of start-up during the and to the sensor that indicates failure system that purges the barrier fluid into current monitoring period. of the seal system, the barrier fluid a process stream. PT = Total pumps in regulated material system, or both. The owner or operator (iii) The barrier fluid is not in light service, including those meeting the shall keep records at the plant of the liquid service. criteria in paragraphs (e)(1), (e)(2), design criteria and an explanation of the (iv) Each barrier fluid system is (e)(3), and (e)(6) of this section. design criteria; and any changes to these equipped with a sensor that will detect (d) Leak repair. If a leak is detected criteria and the reasons for the changes. failure of the seal system, the barrier pursuant to paragraph (b) of this section, This record must be available for review fluid system, or both. then the leak shall be repaired using the by an inspector. (v) Each pump is checked by visual procedures in § 63.1024, as applicable, (ii) Each dual mechanical seal system inspection each calendar week for unless otherwise specified in paragraph shall meet the requirements specified in indications of liquids dripping from the (b)(5) of this section for leaks identified paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or pump seal. The owner or operator shall by visual indications of liquids (e)(1)(ii)(C) of this section. document that the inspection was dripping. (A) Each dual mechanical seal system conducted and the date of the (e) Special provisions for pumps. (1) is operated with the barrier fluid at a inspection. If there are indications of Dual mechanical seal pumps. Each pressure that is at all times (except liquids dripping from the pump seal at pump equipped with a dual mechanical periods of startup, shutdown, or the time of the weekly inspection, the

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34908 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations owner or operator shall follow the (6) Unsafe-to-monitor pumps. Any (i) If the percent leaking connectors in procedure specified in paragraphs pump that is designated, as described in the process unit was greater than or (e)(1)(v)(A) or (e)(1)(v)(B) of this section § 63.1022(c)(1)(ii), as an unsafe-to- equal to 0.5 percent, then monitor prior to the next required inspection. monitor pump is exempt from the within 12 months (1 year). (A) The owner or operator shall requirements of paragraph (b) of this (ii) If the percent leaking connectors monitor the pump as specified in section and the requirements of in the process unit was greater than or § 63.1023(b) and, as applicable, § 63.1024 and the owner or operator equal to 0.25 percent but less than 0.5 § 63.1023 (c), to determine if there is a shall monitor the pump according to the percent, then monitor within 4 years. leak of regulated material in the barrier written plan specified in § 63.1022(c)(4) An owner or operator may comply with fluid. If an instrument reading of 1,000 the requirements of this paragraph by parts per million or greater is measured, § 63.1027 Connectors in gas and vapor monitoring at least 40 percent of the a leak is detected and it shall be service and in light liquid service connectors within 2 years of the start of standards. repaired using the procedures in the monitoring period, provided all § 63.1024; or (a) Compliance schedule. The owner connectors have been monitored by the (B) The owner or operator shall or operator shall monitor all connectors end of the 4 year monitoring period. eliminate the visual indications of in each process unit initially for leaks (iii) If the percent leaking connectors liquids dripping. by the later of either 12 months after the in the process unit was less than 0.25 (vi) If indications of liquids dripping compliance date as specified in a percent, then monitor as provided in from the pump seal exceed the criteria referencing subpart or 12 months after paragraph (b)(3)(iii)(A) of this section established in paragraph (e)(1)(i) of this initial startup. If all connectors in each and either paragraph (b)(3)(iii)(B) or section, or if based on the criteria process unit have been monitored for (b)(3)(iii)(C) of this section, as established in paragraph (e)(1)(i) of this leaks prior to the compliance date appropriate. section the sensor indicates failure of specified in the referencing subpart, no (A) An owner or operator shall the seal system, the barrier fluid system, initial monitoring is required provided monitor at least 50 percent of the or both, a leak is detected. either no process changes have been connectors within 4 years of the start of (vii) Each sensor as described in made since the monitoring or the owner the monitoring period. paragraph (e)(1)(iv) of this section is or operator can determine that the (B) If the percent leaking connectors observed daily or is equipped with an results of the monitoring, with or calculated from the monitoring results alarm unless the pump is located within without adjustments, reliably in paragraph (b)(3)(iii)(A) of this section the boundary of an unmanned plant demonstrate compliance despite process is greater than or equal to 0.35 percent site. changes. If required to monitor because of the monitored connectors, the owner (viii) When a leak is detected of a process change, the owner or or operator shall monitor as soon as pursuant to paragraph (e)(1)(vi) of this operator is required to monitor only practical, but within the next 6 months, section, it shall be repaired as specified those connectors involved in the all connectors that have not yet been in § 63.1024. process change. monitored during the monitoring (2) No external shaft. Any pump that (b) Leak detection. Except as allowed period. At the conclusion of monitoring, is designed with no externally actuated in § 63.1021(b), § 63.1036, § 63.1037, or a new monitoring period shall be started shaft penetrating the pump housing is as specified in paragraph (e) of this pursuant to paragraph (b)(3) of this exempt from the requirements of section, the owner or operator shall section, based on the percent leaking paragraph (b) of this section. monitor all connectors in gas and vapor connectors of the total monitored (3) Routed to a process or fuel gas and light liquid service as specified in connectors. system or equipped with a closed vent paragraphs (a) and (b)(3) of this section. (C) If the percent leaking connectors system. Any pump that is routed to a calculated from the monitoring results (1) Monitoring method. The process or fuel gas system or equipped in paragraph (b)(3)(iii)(A) of this section connectors shall be monitored to detect with a closed vent system capable of is less than 0.35 percent of the leaks by the method specified in capturing and transporting leakage from monitored connectors, the owner or § 63.1023(b) and, as applicable, the pump to a control device meeting operator shall monitor all connectors § 63.1023(c). the requirements of § 63.1034 of this that have not yet been monitored within part or § 63.1021(b) is exempt from the (2) Instrument reading that defines a 8 years of the start of the monitoring requirements of paragraph (b) of this leak. If an instrument reading greater period. section. than or equal to 500 parts per million (iv) If, during the monitoring (4) Unmanned plant site. Any pump is measured, a leak is detected. conducted pursuant to paragraph that is located within the boundary of (3) Monitoring periods. The owner or (b)(3)(i) through (b)(3)(iii) of this an unmanned plant site is exempt from operator shall perform monitoring, section, a connector is found to be the weekly visual inspection subsequent to the initial monitoring leaking, it shall be re-monitored once requirement of paragraphs (b)(4) and required in paragraph (a) of this section, within 90 days after repair to confirm (e)(1)(v) of this section, and the daily as specified in paragraphs (b)(3)(i) that it is not leaking. requirements of paragraph (e)(1)(vii) of through (b)(3)(iii) of this section, and (v) The owner or operator shall keep this section, provided that each pump is shall comply with the requirements of a record of the start date and end date visually inspected as often as practical paragraphs (b)(3)(iv) and (b)(3)(v) of this of each monitoring period under this and at least monthly. section. The required period in which section for each process unit. (5) 90 percent exemption. If more than monitoring must be conducted shall be (c) Percent leaking connectors 90 percent of the pumps at a process determined from paragraphs (b)(3)(i) calculation. For use in determining the unit or affected facility meet the criteria through (b)(3)(iii) of this section using monitoring frequency, as specified in in either paragraph (e)(1) or (e)(2) of this the monitoring results from the paragraphs (a) and (b)(3) of this section, section, the process unit or affected preceding monitoring period. The the percent leaking connectors as used facility is exempt from the percent percent leaking connectors shall be in paragraphs (a) and (b)(3) of this leaking calculation in paragraph (c) of calculated as specified in paragraph (c) section shall be calculated by using this section. of this section. equation number 4.

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= × %/CCCL L t 100 [Eq. 4] to hazards such as electrical lines, or (i) Each dual mechanical seal system Where: would risk damage to equipment. shall meet the applicable requirements (ii) If any inaccessible, ceramic or specified in paragraphs (e)(1)(i)(A), %CL = Percent leaking connectors as ceramic-lined connector is observed by (e)(1)(i)(B), or (e)(1)(i)(C) of this section. determined through periodic visual, audible, olfactory, or other (A) Operated with the barrier fluid at monitoring required in paragraphs means to be leaking, the visual, audible, a pressure that is at all times (except (a) and (b)(3)(i) through (b)(3)(iii) of olfactory, or other indications of a leak during periods of startup, shutdown, or this section. to the atmosphere shall be eliminated as malfunction) greater than the agitator CL = Number of connectors measured at soon as practical. stuffing box pressure; or 500 parts per million or greater, by (B) Equipped with a barrier fluid the method specified in § 63.1028 Agitators in gas and vapor degassing reservoir that is routed to a § 63.1023(b). service and in light liquid service standards. process or fuel gas system or connected Ct = Total number of monitored by a closed-vent system to a control (a) Compliance schedule. The owner connectors in the process unit or device that meets the requirements of or operator shall comply with this affected facility. either § 63.1034 or § 63.1021(b); or (d) Leak repair. If a leak is detected section no later than the compliance (C) Equipped with a closed-loop dates specified in the referencing pursuant to paragraphs (a) and (b) of system that purges the barrier fluid into subpart. this section, then the leak shall be a process stream. (b) [Reserved] repaired using the procedures in (ii) The barrier fluid is not in light § 63.1024, as applicable. (c) Leak detection. (1) Monitoring method. Each agitator seal shall be liquid service. (e) Special provisions for connectors. (iii) Each barrier fluid system is monitored monthly to detect leaks by (1) Unsafe-to-monitor connectors. Any equipped with a sensor that will detect the methods specified in § 63.1023(b) connector that is designated, as failure of the seal system, the barrier and, as applicable, § 63.1023(c), except described in § 63.1022(c)(1), as an fluid system, or both. as provided in § 63.1021(b), § 63.1036, unsafe-to-monitor connector is exempt (iv) Each agitator seal is checked by § 63.1037, or paragraph (e) of this from the requirements of paragraphs (a) visual inspection each calendar week and (b) of this section and the owner or section. (2) Instrument reading that defines a for indications of liquids dripping from operator shall monitor according to the leak. If an instrument reading the agitator seal. If there are indications written plan specified in § 63.1022(c)(4). equivalent of 10,000 parts per million or of liquids dripping from the agitator seal (2) Inaccessible, ceramic, or ceramic- greater is measured, a leak is detected. at the time of the weekly inspection, the lined connectors. (i) Any connector that (3) Visual inspection. (i) Each agitator owner or operator shall follow the is inaccessible or that is ceramic or seal shall be checked by visual procedure specified in paragraphs ceramic-lined (e.g., porcelain, glass, or inspection each calendar week for (e)(1)(iv)(A) or (e)(1)(iv)(B) of this glass-lined), is exempt from the indications of liquids dripping from the section prior to the next required monitoring requirements of paragraphs agitator seal. The owner or operator inspection. (a) and (b) of this section, from the leak shall document that the inspection was (A) The owner or operator shall repair requirements of paragraph (d) of conducted and the date of the monitor the agitator seal as specified in this section, and from the recordkeeping inspection. § 63.1023(b) and, as applicable, and reporting requirements of (ii) If there are indications of liquids § 63.1023(c), to determine the presence §§ 63.1038 and 63.1039. An inaccessible dripping from the agitator seal, the of regulated material in the barrier fluid. connector is one that meets any of the owner or operator shall follow the If an instrument reading equivalent to or provisions specified in paragraphs procedures specified in paragraphs greater than 10,000 ppm is measured, a (e)(2)(i)(A) through (e)(2)(i)(F) of this (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section leak is detected and it shall be repaired section, as applicable. prior to the next required inspection. using the procedures in § 63.1024, or (A) Buried; (A) The owner or operator shall (B) The owner or operator shall (B) Insulated in a manner that monitor the agitator seal as specified in eliminate the visual indications of prevents access to the connector by a § 63.1023(b) and, as applicable, liquids dripping. monitor probe; § 63.1023(c), to determine if there is a (v) Each sensor as described in (C) Obstructed by equipment or leak of regulated material. If an paragraph (e)(1)(iii) of this section is piping that prevents access to the instrument reading of 10,000 parts per observed daily or is equipped with an connector by a monitor probe; million or greater is measured, a leak is alarm unless the agitator seal is located (D) Unable to be reached from a detected, and it shall be repaired within the boundary of an unmanned wheeled scissor-lift or hydraulic-type according to paragraph (d) of this plant site. scaffold that would allow access to section; or (vi) The owner or operator of each connectors up to 7.6 meters (25 feet) (B) The owner or operator shall dual mechanical seal system shall meet above the ground. eliminate the indications of liquids the requirements specified in (E) Inaccessible because it would dripping from the agitator seal. paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B). require elevating the monitoring (d) Leak repair. If a leak is detected, (A) The owner or operator shall personnel more than 2 meters (7 feet) then the leak shall be repaired using the determine, based on design above a permanent support surface or procedures in § 63.1024. considerations and operating would require the erection of scaffold; (e) Special provisions for agitators. (1) experience, criteria that indicates failure (F) Not able to be accessed at any time Dual mechanical seal. Each agitator of the seal system, the barrier fluid in a safe manner to perform monitoring. equipped with a dual mechanical seal system, or both and applicable to the Unsafe access includes, but is not system that includes a barrier fluid presence and frequency of drips. If limited to, the use of a wheeled scissor- system is exempt from the requirements indications of liquids dripping from the lift on unstable or uneven terrain, the of paragraph (c) of this section, provided agitator seal exceed the criteria, or if, use of a motorized man-lift basket in the requirements specified in based on the criteria the sensor areas where an ignition potential exists, paragraphs (e)(1)(i) through (e)(1)(vi) of indicates failure of the seal system, the or access would require near proximity this section are met. barrier fluid system, or both, a leak is

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34910 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations detected and shall be repaired pursuant §§ 63.1021(b), 63.1036, or 63.1037, the million, as soon as practical, but no later to § 63.1024, as applicable. owner or operator shall comply with than 5 calendar days after each pressure (B) The owner or operator shall keep paragraphs (b)(1) and (b)(2) of this release, except as provided in records of the design criteria and an section. Pumps, valves, connectors, and § 63.1024(d). explanation of the design criteria; and agitators in heavy liquid service; (2) The pressure relief device shall be any changes to these criteria and the pressure relief devices in light liquid or monitored no later than five calendar reasons for the changes. heavy liquid service; and days after the pressure to confirm the (2) No external shaft. Any agitator instrumentation systems shall be condition indicated by an instrument that is designed with no externally monitored within 5 calendar days by the reading of less than 500 parts per actuated shaft penetrating the agitator method specified in § 63.1023(b) and, as million above background, as measured housing is exempt from paragraph (c) of applicable, § 63.1023(c), if evidence of a by the method specified in § 63.1023(b) this section. potential leak to the atmosphere is and, as applicable, § 63.1023(c). (3) Routed to a process or fuel gas found by visual, audible, olfactory, or (3) The owner or operator shall record system or equipped with a closed vent any other detection method, unless the the dates and results of the monitoring system. Any agitator that is routed to a potential leak is repaired as required in required by paragraph (c)(2) of this process or fuel gas system that captures paragraph (c) of this section. section following a pressure release and transports leakage from the agitator (2) Instrument reading that defines a including the background level to a control device meeting the leak. If an instrument reading of 10,000 measured and the maximum instrument requirements of either § 63.1034 or parts per million or greater for agitators, reading measured during the § 63.1021(b) is exempt from the 5,000 parts per million or greater for monitoring. requirements of paragraph (c) of this pumps handling polymerizing (d) Pressure relief devices routed to a section. monomers, 2,000 parts per million or (4) Unmanned plant site. Any agitator process or fuel gas system or equipped greater for pumps in food and medical with a closed vent system and control that is located within the boundary of service, or 2,000 parts per million or an unmanned plant site is exempt from device. Any pressure relief device that greater for all other pumps (including is routed to a process or fuel gas system the weekly visual inspection pumps in food/medical service), or 500 requirement of paragraphs (c)(3) and or equipped with a closed vent system parts per million or greater for valves, capable of capturing and transporting (e)(1)(iv) of this section, and the daily connectors, instrumentation systems, requirements of paragraph (e)(1)(v) of leakage from the pressure relief device and pressure relief devices is measured to a control device meeting the this section, provided that each agitator pursuant to paragraph (b)(1) of this is visually inspected as often as requirements of § 63.1034 is exempt section, a leak is detected and shall be from the requirements of paragraphs (b) practical and at least monthly. repaired pursuant to § 63.1024, as (5) Difficult-to-monitor agitator seals. and (c) of this section. applicable. (e) Rupture disk exemption. Any Any agitator seal that is designated, as (c) Leak repair. For equipment pressure relief device that is equipped described in § 63.1022(c)(2), as a identified in paragraph (b) of this difficult-to-monitor agitator seal is with a rupture disk upstream of the section that is not monitored by the exempt from the requirements of pressure relief device is exempt from method specified in § 63.1023(b) and, as paragraph (c) of this section and the the requirements of paragraphs (b) and applicable, § 63.1023(c), repaired shall owner or operator shall monitor the (c) of this section provided the owner or mean that the visual, audible, olfactory, agitator seal according to the written operator installs a replacement rupture or other indications of a leak to the plan specified in § 63.1022(c)(4). disk upstream of the pressure relief atmosphere have been eliminated; that (6) Equipment obstructions. Any device as soon as practical after each no bubbles are observed at potential agitator seal that is obstructed by pressure release but no later than 5 leak sites during a leak check using soap equipment or piping that prevents calendar days after each pressure solution; or that the system will hold a access to the agitator by a monitor probe release, except as provided in test pressure. is exempt from the monitoring § 63.1024(d). requirements of paragraph (c) of this § 63.1030 Pressure relief devices in gas section. and vapor service standards. § 63.1031 Compressors standards. (7) Unsafe-to-monitor agitator seals. (a) Compliance schedule. The owner (a) Compliance schedule. The owner Any agitator seal that is designated, as or operator shall comply with this or operator shall comply with this described in § 63.1022(c)(1), as an section no later than the compliance section no later than the compliance unsafe-to-monitor agitator seal is dates specified in the referencing dates specified in the referencing exempt from the requirements of subpart. subpart. paragraph (c) of this section and the (b) Compliance standard. Except (b) Seal system standard. Each owner or operator of the agitator seal during pressure releases as provided for compressor shall be equipped with a monitors the agitator seal according to in paragraph (c) of this section, or as seal system that includes a barrier fluid the written plan specified in otherwise specified in §§ 63.1036, system and that prevents leakage of § 63.1022(c)(4). 63.1037, or paragraphs (d) and (e) of this process fluid to the atmosphere, except § 63.1029 Pumps, valves, connectors, and section, each pressure relief device in as provided in §§ 63.1021(b), 63.1036, agitators in heavy liquid service; pressure gas and vapor service shall be operated 63.1037, and paragraphs (e) and (f) of relief devices in liquid service; and with an instrument reading of less than this section. Each compressor seal instrumentation systems standards. 500 parts per million as measured by system shall meet the applicable (a) Compliance schedule. The owner the method specified in § 63.1023(b) requirements specified in paragraph or operator shall comply with this and, as applicable, § 63.1023(c). (b)(1), (b)(2), or (b)(3) of this section. section no later than the compliance (c) Pressure relief requirements. (1) (1) Operated with the barrier fluid at dates specified in the referencing After each pressure release, the pressure a pressure that is greater than the subpart. relief device shall be returned to a compressor stuffing box pressure at all (b) Leak detection. (1) Monitoring condition indicated by an instrument times (except during periods of startup, method. Unless otherwise specified in reading of less than 500 parts per shutdown, or malfunction); or

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(2) Equipped with a barrier fluid (2) The owner or operator shall record the process fluids are not hazardous system degassing reservoir that is routed the dates and results of each compliance waste as defined in 40 CFR part 261. to a process or fuel gas system or test including the background level (5) Containers that are part of a closed connected by a closed-vent system to a measured and the maximum instrument purge system must be covered or closed control device that meets the reading measured during each when not being filled or emptied. requirements of either § 63.1034 or compliance test. (d) In-situ sampling systems. In-situ § 63.1021(b); or sampling systems and sampling systems (3) Equipped with a closed-loop § 63.1032 Sampling connection systems without purges are exempt from the standards. system that purges the barrier fluid requirements of paragraphs (b) and (c) of directly into a process stream. (a) Compliance schedule. The owner this section. (c) Barrier fluid system. The barrier or operator shall comply with this fluid shall not be in light liquid service. section no later than the compliance § 63.1033 Open-ended valves or lines Each barrier fluid system shall be dates specified in the referencing standards. equipped with a sensor that will detect subpart. (a) Compliance schedule. The owner failure of the seal system, barrier fluid (b) Equipment requirement. Each or operator shall comply with this system, or both. Each sensor shall be sampling connection system shall be section no later than the compliance observed daily or shall be equipped equipped with a closed-purge, closed- date specified in the referencing with an alarm unless the compressor is loop, or closed vent system, except as subpart. located within the boundary of an provided in §§ 63.1021(b), 63.1036, (b) Equipment and operational unmanned plant site. 63.1037, or paragraph (d) of this section. requirements. (1) Each open-ended (d) Failure criterion and leak Gases displaced during filling of the valve or line shall be equipped with a detection. (1) The owner or operator sample container are not required to be cap, blind flange, plug, or a second shall determine, based on design collected or captured. valve, except as provided in considerations and operating (c) Equipment design and operation. §§ 63.1021(b), 63.1036, 63.1037, and experience, a criterion that indicates Each closed-purge, closed-loop, or paragraphs (c) and (d) of this section. failure of the seal system, the barrier closed vent system as required in The cap, blind flange, plug, or second fluid system, or both. If the sensor paragraph (b) of this section shall meet valve shall seal the open end at all times indicates failure of the seal system, the the applicable requirements specified in except during operations requiring barrier fluid system, or both based on paragraphs (c)(1) through (c)(5) of this process fluid flow through the open- the criterion, a leak is detected and shall section. ended valve or line, or during be repaired pursuant to § 63.1024, as (1) The system shall return the purged maintenance. The operational applicable. process fluid directly to a process line provisions of paragraphs (b)(2) and (2) The owner or operator shall keep or to a fuel gas system that meets the (b)(3) of this section also apply. records of the design criteria and an requirements of either § 63.1034 or (2) Each open-ended valve or line explanation of the design criteria; and § 63.1021(b); or equipped with a second valve shall be any changes to these criteria and the (2) [Reserved] operated in a manner such that the reasons for the changes. (3) Be designed and operated to valve on the process fluid end is closed (e) Routed to a process or fuel gas capture and transport all the purged before the second valve is closed. system or equipped with a closed vent process fluid to a control device that (3) When a double block and bleed system. A compressor is exempt from meets the requirements of either system is being used, the bleed valve or the requirements of paragraphs (b) § 63.1034 or § 63.1021(b); or line may remain open during operations through (d) of this section if it is (4) Collect, store, and transport the that require venting the line between the equipped with a system to capture and purged process fluid to a system or block valves but shall comply with transport leakage from the compressor facility identified in paragraph (c)(4)(i), paragraph (b)(1) of this section at all drive shaft seal to a process or a fuel gas (c)(4)(ii), or (c)(4)(iii) of this section. other times. system or to a closed vent system that (i) A waste management unit as (c) Emergency shutdown exemption. captures and transports leakage from the defined in 40 CFR 63.111 or subpart G, Open-ended valves or lines in an compressor to a control device meeting if the waste management unit is subject emergency shutdown system that are the requirements of either § 63.1034 or to and operating in compliance with the designed to open automatically in the § 63.1021(b). provisions of 40 CFR part 63, subpart G, event of a process upset are exempt (f) Alternative compressor standard. applicable to group 1 wastewater from the requirements of paragraph (b) (1) Any compressor that is designated, streams. If the purged process fluid does of this section. as described in § 63.1022(e), as not contain any regulated material listed (d) Polymerizing materials exemption. operating with an instrument reading of in Table 9 of 40 CFR part 63, subpart G, Open-ended valves or lines containing less than 500 parts per million above the waste management unit need not be materials that would autocatalytically background shall operate at all times subject to, and operated in compliance polymerize or, would present an with an instrument reading of less than with the requirements of 40 CFR part explosion, serious overpressure, or other 500 parts per million. A compressor so 63, subpart G, applicable to group 1 safety hazard if capped or equipped designated is exempt from the wastewater steams provided the facility with a double block and bleed system as requirements of paragraphs (b) through has a National Pollution Discharge specified in paragraph (b) of this section (d) of this section if the compressor is Elimination System (NPDES) permit or are exempt from the requirements of demonstrated, initially upon sends the wastewater to an NPDES- paragraph (b) of this section. designation, annually, and at other permitted facility. times requested by the Administrator to (ii) A treatment, storage, or disposal § 63.1034 Closed vent systems and control be operating with an instrument reading facility subject to regulation under 40 devices; or emissions routed to a fuel gas of less than 500 parts per million above CFR parts 262, 264, 265, or 266; or system or process standards. background, as measured by the method (iii) A facility permitted, licensed, or (a) Compliance schedule. The owner specified in § 63.1023(b) and, as registered by a State to manage or operator shall comply with this applicable, § 63.1023(c). municipal or industrial solid waste, if section no later than the compliance

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34912 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations date specified in the referencing unit or affected facility (or plant site). from the process unit or affected facility subpart. Once the performance level is achieved, due to leaks. The inspection shall (b) Compliance standard. (1) Owners the owner or operator shall comply with determine the probable cause of the or operators routing emissions from the requirements in § 63.1026. pump seal failure or of the pump leak equipment leaks to a fuel gas system or (c) Resumption of QIP. If, in a and shall include recommendations, as process shall comply with the subsequent monitoring period, the appropriate, for design changes or provisions of subpart SS of this part, process unit or affected facility (or plant changes in specifications to reduce leak except as provided in § 63.1002(b). site) has greater than either 10 percent potential. (2) Owners or operators of closed vent of the pumps leaking or three pumps (5)(i) Data analysis. The owner or systems and control devices used to leaking (calculated as a 6-month rolling operator shall analyze the data collected comply with the provisions of this average), the owner or operator shall to comply with the requirements of subpart shall comply with the resume the quality improvement paragraph (d)(2) of this section to provisions of subpart SS of this part and program starting at performance trials. determine the services, operating or (b)(2)(i) through (b)(2)(iii) of this (d) QIP requirements. The quality maintenance practices, and pump or section, except as provided in improvement program shall meet the pump seal designs or technologies that § 63.1002(b). requirements specified in paragraphs have poorer than average emission (i) Nonflare control devices shall be (d)(1) through (d)(8) of this section. performance and those that have better designed and operated to reduce (1) The owner or operator shall than average emission performance. The emissions of regulated material vented comply with the requirements in analysis shall determine if specific to them with an efficiency of 95 percent § 63.1026. trouble areas can be identified on the or greater, or to an exit concentration of (2) Data collection. The owner or basis of service, operating conditions or 20 parts per million by volume, operator shall collect the data specified maintenance practices, equipment whichever is less stringent. The 20 parts in paragraphs (d)(2)(i) through (d)(2)(v) design, or other process-specific factors. per million by volume standard is not of this section and maintain records for (ii) The analysis shall also be used to applicable to the provisions of each pump in each process unit or determine if there are superior § 63.1016. affected facility (or plant site) subject to performing pump or pump seal (ii) Enclosed combustion devices shall the quality improvement program. The technologies that are applicable to the be designed and operated to reduce data may be collected and the records service(s), operating conditions, or emissions of regulated material vented may be maintained on a process unit, pump or pump seal designs associated to them with an efficiency of 95 percent affected facility, or plant site basis. with poorer than average emission or greater, or to an exit concentration of (i) Pump type (e.g., piston, horizontal performance. A superior performing 20 parts per million by volume, on a dry or vertical centrifugal, gear, bellows); pump or pump seal technology is one basis, corrected to 3 percent oxygen, pump manufacturer; seal type and with a leak frequency of less than 10 whichever is less stringent, or to manufacturer; pump design (e.g., percent for specific applications in the provide a minimum residence time of external shaft, flanged body); materials process unit, affected facility, or plant 0.50 seconds at a minimum temperature of construction; if applicable, barrier site. A candidate superior performing of 760° C (1400° F). fluid or packing material; and year pump or pump seal technology is one (iii) Flares used to comply with the installed. demonstrated or reported in the provisions of this subpart shall comply (ii) Service characteristics of the available literature or through a group with the requirements of subpart SS of stream such as discharge pressure, study as having low emission this part. temperature, flow rate, corrosivity, and performance and as being capable of annual operating hours. achieving less than 10 percent leaking § 63.1035 Quality improvement program (iii) The maximum instrument pumps in the process unit or affected for pumps. readings observed in each monitoring facility (or plant site). (a) Criteria. If, on a 6-month rolling observation before repair, response (iii) The analysis shall include average, at least the greater of either 10 factor for the stream if appropriate, consideration of the information percent of the pumps in a process unit instrument model number, and date of specified in paragraphs (d)(5)(iii)(A) or affected facility (or plant site) or three the observation. through (d)(5)(iii)(C) of this section. pumps in a process unit or affected (iv) If a leak is detected, the repair (A) The data obtained from the facility (or plant site) leak, the owner or methods used and the instrument inspections of pumps and pump seals operator shall comply with the readings after repair. removed from the process unit or requirements specified in paragraphs (v) If the data will be analyzed as part affected facility due to leaks; (a)(1) and (a)(2) of this section. of a larger analysis program involving (B) Information from the available (1) Pumps that are in food and data from other plants or other types of literature and from the experience of medical service or in polymerizing process units or affected facilities, a other plant sites that will identify pump monomer service shall comply with all description of any maintenance or designs or technologies and operating requirements except for those specified quality assurance programs used in the conditions associated with low emission in paragraph (d)(8) of this section. process unit or affected facility that are performance for specific services; and (2) Pumps that are not in food and intended to improve emission (C) Information on limitations on the medical or polymerizing monomer performance. service conditions for the pump seal service shall comply with all of the (3) The owner or operator shall technology operating conditions as well requirements of this section. continue to collect data on the pumps as information on maintenance (b) Exiting the QIP. The owner or as long as the process unit or affected procedures to ensure continued low operator shall comply with the facility (or plant site) remains in the emission performance. requirements of this section until the quality improvement program. (iv) The data analysis may be number of leaking pumps is less than (4) Pump or pump seal inspection. conducted through an inter- or intra- the greater of either 10 percent of the The owner or operator shall inspect all company program (or through some pumps or three pumps, calculated as a pumps or pump seals that exhibited combination of the two approaches) and 6-month rolling average, in the process frequent seal failures and were removed may be for a single process unit, a plant

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34913 site, a company, or a group of process pump designs or pump seal implement a pump quality assurance units. technologies, including the time period program that details purchasing (v) The first analysis of the data shall necessary to test the applicability; specifications and maintenance be completed no later than 18 months (B) The frequency of monitoring or procedures for all pumps and pump after the start of the quality inspection of the equipment; seals in the process unit or affected improvement program. The first (C) The range of operating conditions facility. The quality assurance program analysis shall be performed using data over which the component will be may establish any number of categories, collected for a minimum of 6 months. evaluated; and or classes, of pumps as needed to An analysis of the data shall be done (D) Conclusions regarding the distinguish among operating conditions each year the process unit or affected emission performance and the and services associated with poorer than facility is in the quality improvement appropriate operating conditions and average emission performance as well as program. services for the trial pump seal those associated with better than (6) Trial evaluation program. A trial technologies or pumps. average emission performance. The evaluation program shall be conducted (iv) The performance trials shall quality assurance program shall be at each plant site for which the data initially be conducted, at least, for a 6- developed considering the findings of analysis does not identify use of month period beginning not later than the data analysis required under superior performing pump seal 18 months after the start of the quality paragraph (d)(5) of this section; and, if technology or pumps that can be improvement program. No later than 24 applicable, the findings of the trial applied to the areas identified as having months after the start of the quality evaluation required in paragraph (d)(6) poorer than average performance, except improvement program, the owner or of this section; and the operating as provided in paragraph (d)(6)(v) of this operator shall have identified pump seal conditions in the process unit or section. The trial program shall be used technologies or pump designs that, affected facility. The quality assurance to evaluate the feasibility of using in the combined with appropriate process, program shall be updated each year as process unit or affected facility (or plant operating, and maintenance practices, long as the process unit or affected site) the pump designs or seal operate with low emission performance facility has the greater of either 10 technologies, and operating and for specific applications in the process percent or more leaking pumps or has maintenance practices that have been unit or affected facility. The owner or three leaking pumps. identified by others as having low operator shall continue to conduct (i) The quality assurance program emission performance. performance trials as long as no superior shall meet the requirements specified in (i) The trial evaluation program shall performing design or technology has paragraphs (d)(7)(i)(A) through include on-line trials of pump seal been identified, except as provided in (d)(7)(i)(D) of this section. technologies or pump designs and paragraph (d)(6)(vi) of this section. The (A) Establish minimum design operating and maintenance practices initial list of superior emission standards for each category of pumps or that have been identified in the performance pump designs or pump pump seal technology. The design available literature or in analysis by seal technologies shall be amended in standards shall specify known critical others as having the ability to perform the future, as appropriate, as additional parameters such as tolerance, with leak rates below 10 percent in information and experience are manufacturer, materials of construction, similar services, as having low obtained. previous usage, or other applicable probability of failure, or as having no (v) Any plant site with fewer than 400 identified critical parameters; external actuating mechanism in contact valves and owned by a corporation with (B) Require that all equipment orders with the process fluid. If any of the fewer than 100 employees shall be specify the design standard (or candidate superior performing pump exempt from trial evaluations of pump minimum tolerances) for the pump or seal technologies or pumps is not seals or pump designs. Plant sites the pump seal; included in the performance trials, the exempt from the trial evaluations of (C) Provide for an audit procedure for reasons for rejecting specific pumps shall begin the pump seal or quality control of purchased equipment technologies from consideration shall be pump replacement program at the start to ensure conformance with purchase documented as required in paragraph of the fourth year of the quality specifications. The audit program may (e)(3)(ii) of this section. improvement program. be conducted by the owner or operator (ii) The number of pump seal (vi) An owner or operator who has of the plant site or process unit or technologies or pumps in the trial conducted performance trials on all affected facility, or by a designated evaluation program shall be the lesser of alternative superior emission representative; and 1 percent or two pumps for programs performance technologies suitable for (D) Detail off-line pump maintenance involving single process units or the required applications in the process and repair procedures. These affected facilities and the lesser of 1 unit or affected facility may stop procedures shall include provisions to percent or five pumps for programs conducting performance trials provided ensure that rebuilt or refurbished pumps involving a plant site or groups of that a superior performing design or and pump seals will meet the design process units or affected facilities. The technology has been demonstrated or specifications for the pump category minimum number of pumps or pump there are no technically feasible and will operate so that emissions are seal technologies in a trial program shall alternative superior technologies minimized. be one. remaining. The owner or operator shall (ii) The quality assurance program (iii) The trial evaluation program shall prepare an engineering evaluation shall be established no later than the specify and include documentation of documenting the physical, chemical, or start of the third year of the quality the information specified in paragraphs engineering basis for the judgment that improvement program for plant sites (d)(6)(iii)(A) through (d)(6)(iii)(D) of this the superior emission performance with 400 or more valves or 100 or more section. technology is technically infeasible or employees; and no later than the start of (A) The candidate superior demonstrating that it would not reduce the fourth year of the quality performing pump seal designs or emissions. improvement program for plant sites technologies to be evaluated, the stages (7) Quality assurance program. Each with less than 400 valves and less than for evaluating the identified candidate owner or operator shall prepare and 100 employees.

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(8) Pump or pump seal replacement. (i) The rolling average percent leaking operator may petition for approval of an Three years after the start of the quality pumps. alternative standard under the improvement program for plant sites (ii) Documentation of all inspections provisions of § 63.1021(b). The with 400 or more valves or 100 or more conducted under the requirements of alternative standards of this section employees and at the start of the fourth paragraph (d)(4) of this section, and any provide the options of pressure testing year of the quality improvement recommendations for design or or monitoring the equipment for leaks. program for plant sites with less than specification changes to reduce leak The owner or operator may switch 400 valves and less than 100 employees, frequency. among the alternatives provided the the owner or operator shall replace, as (iii) The beginning and ending dates change is documented as specified in described in paragraphs (d)(8)(i) and while meeting the requirements of paragraph (b)(7) of this section. (d)(8)(ii) of this section, the pumps or paragraph (d) of this section. (b) Pressure testing of the batch pump seals that are not superior (2) If a leak is not repaired within 15 equipment. The following requirements emission performance technology with calendar days after discovery of the shall be met if an owner or operator pumps or pump seals that have been leak, the reason for the delay and the elects to use pressure testing of batch identified as superior emission expected date of successful repair. product-process equipment to performance technology and that (3) Records of all analyses required in demonstrate compliance with this comply with the quality assurance paragraph (d) of this section. The subpart. standards for the pump category. records will include the information (1) Reconfiguration. Each time Superior emission performance specified in paragraphs (e)(3)(i) through equipment is reconfigured for technology is that category or design of (e)(3)(iv) of this section. production of a different product or pumps or pump seals with emission (i) A list identifying areas associated intermediate, the batch product-process performance that when combined with with poorer than average performance equipment train shall be pressure-tested appropriate process, operating, and and the associated service for leaks before regulated material is maintenance practices, will result in characteristics of the stream, the first fed to the equipment and the less than 10 percent leaking pumps for operating conditions and maintenance equipment is placed in regulated specific applications in the process unit, practices. material service. affected facility, or plant site. Superior (ii) The reasons for rejecting specific (i) When the batch product-process emission performance technology candidate superior emission performing equipment train is reconfigured to includes material or design changes to pump technology from performance produce a different product, pressure the existing pump, pump seal, seal trials. testing is required only for the new or support system, installation of multiple (iii) The list of candidate superior disturbed equipment. mechanical seals or equivalent, or pump emission performing valve or pump (ii) Each batch product process that replacement. technologies, and documentation of the operates in regulated material service (i) Pumps or pump seals shall be performance trial program items during a calendar year shall be pressure- replaced at the rate of 20 percent per required under paragraph (d)(6)(iii) of tested at least once during that calendar year based on the total number of this section. year. pumps in light liquid service. The (iv) The beginning date and duration (iii) Pressure testing is not required calculated value shall be rounded to the of performance trials of each candidate for routine seal breaks, such as changing nearest nonzero integer value. The superior emission performing minimum number of pumps or pump hoses or filters, that are not part of the technology. reconfiguration to produce a different seals shall be one. Pump replacement (4) All records documenting the product or intermediate. shall continue until all pumps subject to quality assurance program for pumps as (2) Testing procedures. The batch the requirements of § 63.1026 are pumps specified in paragraph (d)(7) of this product process equipment shall be determined to be superior performance section, including records indicating tested either using the procedures technology. that all pumps replaced or modified specified in paragraph (b)(5) of this (ii) The owner or operator may delay during the period of the quality section for pressure vacuum loss or with replacement of pump seals or pumps improvement program are in a liquid using the procedures specified with superior technology until the next compliance with the quality assurance. in paragraph (b)(6) of this section. planned process unit or affected facility (5) Records documenting compliance shutdown, provided the number of with the 20 percent or greater annual (3) Leak detection. (i) For pressure or pump seals and pumps replaced is replacement rate for pumps as specified vacuum tests using a gas, a leak is equivalent to the 20 percent or greater in paragraph (d)(8) of this section. detected if the rate of change in pressure annual replacement rate. (6) Information and data to show the is greater than 6.9 kilopascals (1 pound (iii) The pumps shall be maintained corporation has fewer than 100 per square inch gauge) in 1 hour or if as specified in the quality assurance employees, including employees there is visible, audible, or olfactory program. providing professional and technical evidence of fluid loss. (e) QIP recordkeeping. In addition to contracted services. (ii) For pressure tests using a liquid, the records required by paragraph (d)(2) a leak is detected if there are indications of this section, the owner or operator § 63.1036 Alternative means of emission of liquids dripping or if there is other shall maintain records for the period of limitation: Batch processes. evidence of fluid loss. the quality improvement program for (a) General requirement. As an (4) Leak repair. (i) If a leak is detected, the process unit or affected facility as alternative to complying with the it shall be repaired and the batch specified in paragraphs (e)(1) through requirements of §§ 63.1025 through product-process equipment shall be (e)(6) of this section. 63.1033 and § 63.1035, an owner or retested before start-up of the process. (1) When using a pump quality operator of a batch process that operates (ii) If a batch product-process fails the improvement program as specified in in regulated material service during the retest (the second of two consecutive this section, record the information calendar year may comply with one of pressure tests), it shall be repaired as specified in paragraphs (e)(1)(i) through the standards specified in paragraphs (b) soon as practical, but not later than 30 (e)(1)(iii) of this section. and (c) of this section, or the owner or calendar days after the second pressure

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The this section shall be used to pressure- (D) The expected date for delivery of procedures specified in paragraphs test batch product-process equipment the replacement equipment and the (b)(5)(i) through (b)(5)(v) of this section using a liquid to demonstrate actual date of delivery of the shall be used to pressure test batch compliance with the requirements of replacement equipment; and product-process equipment for pressure paragraph (b)(3)(ii) of this section. (E) The date of successful repair. or vacuum loss to demonstrate (i) The batch product-process (c) Equipment monitoring. The compliance with the requirements of equipment train, or section of the following requirements shall be met if paragraph (b)(3)(i) of this section. equipment train, shall be filled with the an owner or operator elects to monitor (i) The batch product-process test liquid (e.g., water, alcohol) until the equipment in a batch process to equipment train shall be pressurized normal operating pressure is obtained. detect leaks by the method specified in with a gas to a pressure less than the set Once the equipment is filled, the liquid § 63.1023(b) and, as applicable, pressure of any safety relief devices or source shall be shut off. § 63.1023(c), to demonstrate compliance valves or to a pressure slightly above the (ii) The test shall be conducted for a with this subpart. operating pressure of the equipment, or period of at least 60 minutes, unless it (1) The owner or operator shall alternatively the equipment shall be can be determined in a shorter period of comply with the requirements of placed under a vacuum. time that the test is a failure. §§ 63.1025 through 63.1035 as modified (ii) Once the test pressure is obtained, (iii) Each seal in the equipment being by paragraphs (c)(2) through (c)(4) of the gas source or vacuum source shall tested shall be inspected for indications this section. be shut off. of liquid dripping or other indications (2) The equipment shall be monitored (iii) The test shall continue for not of fluid loss. If there are any indications for leaks by the method specified in less than 15 minutes unless it can be of liquids dripping or of fluid loss, a § 63.1023(b) and, as applicable, determined in a shorter period of time leak is detected. § 63.1023(c), when the equipment is in that the allowable rate of pressure drop (iv) An alternative procedure may be regulated material service or is in use or of pressure rise was exceeded. The used for leak testing the equipment, if with any other detectable material. pressure in the batch product-process the owner or operator demonstrates the (3) The equipment shall be monitored equipment shall be measured after the alternative procedure is capable of for leaks as specified in paragraphs gas or vacuum source is shut off and at detecting losses of fluid. (c)(3)(i) through (c)(3)(iv) of this section. the end of the test period. The rate of (7) Pressure testing recordkeeping. (i) Each time the equipment is change in pressure in the batch product- The owner or operator of a batch reconfigured for the production of a new process equipment shall be calculated product process who elects to pressure product, the reconfigured equipment using the following equation: test the batch product process shall be monitored for leaks within 30 equipment train to demonstrate days of start-up of the process. This ∆() =() − ()− compliance with this subpart shall P//[. t Pf P i t f t i Eq 5] initial monitoring of reconfigured maintain records of the information equipment shall not be included in Where: specified in paragraphs (b)(7)(i) through determining percent leaking equipment > (P/t) = Change in pressure, pounds (b)(7)(v) of this section. per square inch gauge per hour. (i) The identification of each product, in the process unit or affected facility. Pf = Final pressure, pounds per square or product code, produced during the (ii) Connectors shall be monitored in inch gauge. calendar year. It is not necessary to accordance with the requirements in Pi = Initial pressure, pounds per square identify individual items of equipment § 63.1027. inch gauge. in a batch product process equipment (iii) Equipment other than connectors tf ¥ ti = Elapsed time, hours. train. shall be monitored at the frequencies (iv) The pressure shall be measured (ii) Physical tagging of the equipment specified in table 1 to this subpart. The using a pressure measurement device to identify that it is in regulated material operating time shall be determined as (gauge, manometer, or equivalent) that service and subject to the provisions of the proportion of the year the batch has a precision of ±2.5 millimeter this subpart is not required. Equipment product-process that is subject to the mercury (0.10 inch of mercury) in the in a batch product process subject to the provisions of this subpart is operating. range of test pressure and is capable of provisions of this subpart may be (iv) The monitoring frequencies measuring pressures up to the relief set identified on a plant site plan, in log specified in paragraph (c)(3)(iii) of this pressure of the pressure relief device. If entries, or by other appropriate section are not requirements for such a pressure measurement device is methods. monitoring at specific intervals and can not reasonably available, the owner or (iii) The dates of each pressure test be adjusted to accommodate process operator shall use a pressure required in paragraph (b) of this section, operations. An owner or operator may measurement device with a precision of the test pressure, and the pressure drop monitor anytime during the specified at least ± 10 percent of the test pressure observed during the test. monitoring period (e.g., month, quarter, of the equipment and shall extend the (iv) Records of any visible, audible, or year), provided the monitoring is duration of the test for the time olfactory evidence of fluid loss. conducted at a reasonable interval after necessary to detect a pressure loss or (v) When a batch product process completion of the last monitoring rise that equals a rate of 1 pound per equipment train does not pass two campaign. For example, if the square inch gauge per hour (7 consecutive pressure tests, the equipment is not operating during the kilopascals per hour). information specified in paragraphs scheduled monitoring period, the (v) An alternative procedure may be (b)(7)(v)(A) through (b)(7)(v)(E) of this monitoring can be done during the next used for leak testing the equipment if section shall be recorded in a log and period when the process is operating. the owner or operator demonstrates the kept for 2 years: (4) If a leak is detected, it shall be alternative procedure is capable of (A) The date of each pressure test and repaired as soon as practical but not detecting a pressure loss or rise. the date of each leak repair attempt. later than 15 calendar days after it is

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Process units or affected identity of compressors operating with equipment added to batch product facilities or portions of process units at an instrument reading of less than 500 process units or affected facilities since affected facilities enclosed in such a parts per million. the last monitoring period required in manner that all emissions from (5) The owner or operator shall keep paragraphs (c)(3)(ii) and (c)(3)(iii) of this equipment leaks are vented through a records associated with the section. closed vent system to a control device determination that equipment is in or routed to a fuel gas system or process (2) Maintain records demonstrating heavy liquid service as specified in meeting the requirements of § 63.1034 the proportion of the time during the § 63.1022(f). are exempt from the requirements of calendar year the equipment is in use in (6) The owner or operator shall keep §§ 63.1025 through 63.1033 and a batch process that is subject to the records for leaking equipment as 63.1035. The enclosure shall be provisions of this subpart. Examples of specified in § 63.1023(e)(2). maintained under a negative pressure at suitable documentation are records of (7) The owner or operator shall keep all times while the process unit or time in use for individual pieces of records for leak repair as specified in affected facility is in operation to ensure equipment or average time in use for the § 63.1024(f) and records for delay of that all emissions are routed to a control process unit or affected facility. These repair as specified in § 63.1024(d). device. records are not required if the owner or (c) Specific equipment leak records. (b) Recordkeeping. Owners and operator does not adjust monitoring (1) For valves, the owner or operator operators choosing to comply with the frequency by the time in use, as shall maintain the records specified in requirements of this section shall provided in paragraph (c)(3)(iii) of this paragraphs (c)(1)(i) and (c)(1)(ii) of this maintain the records specified in section. section. paragraphs (b)(1) through (b)(3) of this (3) Record and keep pursuant to the (i) The monitoring schedule for each section. referencing subpart and this subpart, the process unit as specified in (1) Identification of the process unit(s) date and results of the monitoring § 63.1025(b)(3)(vi). or affected facilities and the regulated required in paragraph (c)(3)(i) of this (ii) The valve subgrouping records materials they handle. specified in § 63.1025(b)(4)(iv), if section for equipment added to a batch (2) A schematic of the process unit or product-process unit or affected facility applicable. affected facility, enclosure, and closed (2) For pumps, the owner or operator since the last monitoring period vent system. shall maintain the records specified in required in paragraphs (c)(3)(ii) and (3) A description of the system used paragraphs (c)(2)(i) through (c)(2)(iii) of (c)(3)(iii) of this section. If no leaking to create a negative pressure in the this section. equipment is found during this enclosure to ensure that all emissions (i) Documentation of pump visual monitoring, the owner or operator shall are routed to the control device. inspections as specified in record that the inspection was § 63.1026(b)(4). § 63.1038 Recordkeeping requirements. performed. Records of the actual (ii) Documentation of dual monitoring results are not required. (a) Recordkeeping system. An owner mechanical seal pump visual (e) Delay of repair. Delay of repair of or operator of more than one regulated inspections as specified in equipment for which leaks have been source subject to the provisions of this § 63.1026(e)(1)(v). detected is allowed if the replacement subpart may comply with the (iii) For the criteria as to the presence equipment is not available providing the recordkeeping requirements for these and frequency of drips for dual conditions specified in paragraphs (e)(1) regulated sources in one recordkeeping mechanical seal pumps, records of the and (e)(2) of this section are met. system. The recordkeeping system shall design criteria and explanations and any (1) Equipment supplies have been identify each record by regulated source changes and the reason for the changes, depleted and supplies had been and the type of program being as specified in § 63.1026(e)(1)(i). sufficiently stocked before the supplies implemented (e.g., quarterly monitoring, (3) For connectors, the owner or were depleted. quality improvement) for each type of operator shall maintain the monitoring (2) The repair is made no later than equipment. The records required by this schedule for each process unit as 10 calendar days after delivery of the subpart are summarized in paragraphs specified in § 63.1027(b)(3)(v). replacement equipment. (b) and (c) of this section. (4) For agitators, the owner or (f) Periodic report contents. For (b) General equipment leak records. operator shall maintain the following owners or operators electing to meet the (1) As specified in § 63.1022(a) and (b), records: requirements of paragraph (b) of this the owner or operator shall keep general (i) Documentation of agitator seal section, the Periodic Report to be filed and specific equipment identification if visual inspections as specified in pursuant to § 63.1039(b) shall include the equipment is not physically tagged § 63.1028; and the information listed in paragraphs and the owner or operator is electing to (ii) For the criteria as to the presence (f)(1) through (f)(4) of this section for identify the equipment subject to this and frequency of drips for agitators, the each process unit. subpart through written documentation owner or operator shall keep records of (1) Batch product process equipment such as a log or other designation. the design criteria and explanations and train identification; (2) The owner or operator shall keep any changes and the reason for the (2) The number of pressure tests a written plan as specified in changes, as specified in conducted; § 63.1022(c)(4) for any equipment that is § 63.1028(e)(1)(vi). (3) The number of pressure tests designated as unsafe- or difficult-to- (5) For pressure relief devices in gas where the equipment train failed the monitor. and vapor or light liquid service, the

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34917 owner or operator shall keep records of according to the procedures in the monitored. Also include the number of the dates and results of monitoring referencing subpart. The notification leaking components that were not following a pressure release, as shall include the information listed in repaired as required by § 63.1024, and specified in § 63.1030(c)(3). paragraphs (a)(1) through (a)(3) of this for valves and connectors, identify the (6) For compressors, the owner or section, as applicable. number of components that are operator shall maintain the records (1) The notification shall provide the determined by § 63.1025(c)(3) to be specified in paragraphs (c)(6)(i) and information listed in paragraphs (a)(1)(i) nonrepairable. (c)(6)(ii) of this section. through (a)(1)(iv) of this section for each (i) Valves in gas and vapor service and (i) For criteria as to failure of the seal process unit or affected facility subject in light liquid service pursuant to system and/or the barrier fluid system, to the requirements of this subpart. § 63.1025(b) and (c). record the design criteria and (i) Process unit or affected facility (ii) Pumps in light liquid service explanations and any changes and the identification. pursuant to § 63.1026(b) and (c). (ii) Number of each equipment type reason for the changes, as specified in (iii) Connectors in gas and vapor (e.g., valves, pumps) excluding § 63.1031(d)(2). service and in light liquid service equipment in vacuum service. (ii) For compressors operating under pursuant to § 63.1027(b) and (c). the alternative compressor standard, (iii) Method of compliance with the record the dates and results of each standard (e.g., ‘‘monthly leak detection (iv) Agitators in gas and vapor service compliance test as specified in and repair’’ or ‘‘equipped with dual and in light liquid service pursuant to § 63.1031(f)(2). mechanical seals’’). § 63.1028(c). (7) For a pump QIP program, the (iv) Planned schedule for (v) Compressors pursuant to owner or operator shall maintain the requirements in §§ 63.1025 and 63.1026. § 63.1031(d). records specified in paragraphs (c)(7)(i) (2) The notification shall provide the (2) Where any delay of repair is through (c)(7)(v) of this section. information listed in paragraphs (a)(2)(i) utilized pursuant to § 63.1024(d), report (i) Individual pump records as and (a)(2)(ii) of this section for each that delay of repair has occurred and specified in § 63.1035(d)(2). process unit or affected facility subject report the number of instances of delay (ii) Trial evaluation program to the requirements of § 63.1036(b). of repair. documentation as specified in (i) Batch products or product codes (3) If applicable, report the valve § 63.1035(d)(6)(iii). subject to the provisions of this subpart, subgrouping information specified in (iii) Engineering evaluation and § 63.1025(b)(4)(iv). documenting the basis for judgement (ii) Planned schedule for pressure (4) For pressure relief devices in gas that superior emission performance testing when equipment is configured and vapor service pursuant to technology is not applicable as specified for production of products subject to the § 63.1030(b) and for compressors in § 63.1035(d)(6)(vi). provisions of this subpart. pursuant to § 63.1031(f) that are to be (iv) Quality assurance program (3) The notification shall provide the operated at a leak detection instrument documentation as specified in information listed in paragraphs (a)(3)(i) reading of less than 500 parts per § 63.1035(d)(7). and (a)(3)(ii) of this section for each million, report the results of all (v) QIP records as specified in process unit or affected facility subject monitoring to show compliance § 63.1035(e). to the requirements in § 63.1037. conducted within the semiannual (8) For process units complying with (i) Process unit or affected facility reporting period. identification. the batch process unit alternative, the (5) Report, if applicable, the initiation owner or operator shall maintain the (ii) A description of the system used to create a negative pressure in the of a monthly monitoring program for records specified in paragraphs (c)(8)(i) valves pursuant to § 63.1025(b)(3)(i). and (c)(8)(ii) of this section. enclosure and the control device used to (6) Report, if applicable, the initiation (i) Pressure test records as specified in comply with the requirements of of a quality improvement program for § 63.1036(b)(7). § 63.1034 of this part. pumps pursuant to § 63.1035. (ii) Records for equipment added to (b) Periodic Reports. The owner or the process unit as specified in operator shall report the information (7) Where the alternative means of § 63.1036(d). specified in paragraphs (b)(1) through emissions limitation for batch processes (9) For process units complying with (b)(8) of this section, as applicable, in is utilized, report the information listed the enclosed-vented process unit the Periodic Report specified in the in § 63.1036(f). alternative, the owner or operator shall referencing subpart. (8) Report the information listed in maintain the records for enclosed- (1) For the equipment specified in paragraph (a) of this section for the vented process units as specified in paragraphs (b)(1)(i) through (b)(1)(v) of Initial Compliance Status Report for § 63.1037(b). this section, report in a summary format process units or affected facilities with by equipment type, the number of later compliance dates. Report any § 63.1039 Reporting requirements. components for which leaks were revisions to items reported in an earlier (a) Initial Compliance Status Report. detected and for valves, pumps and Initial Compliance Status Report if the Each owner or operator shall submit an connectors show the percent leakers, method of compliance has changed Initial Compliance Status Report and the total number of components since the last report.

TABLE 1 TO SUBPART UU.ÐBATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THAN CONNECTORS

Equivalent continuous process monitoring frequency Operating time time in use (% of year) Monthly Quarterly Semiannually

0 to <25% ...... Quarterly ...... Annually ...... Annually. 25 to <50% ...... Quarterly ...... Semiannually .... Annually. 50 to <75% ...... Bimonthly ...... Three times ...... Semiannually.

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TABLE 1 TO SUBPART UU.ÐBATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THAN CONNECTORSÐContinued

Equivalent continuous process monitoring frequency Operating time time in use (% of year) Monthly Quarterly Semiannually

75 to 100% ...... Monthly ...... Quarterly ...... Semiannually.

5. Part 63 is amended by adding External floating roof or EFR means a Pole float means a float located inside subpart WW, consisting of §§ 63.1060 floating roof located in a storage vessel a guidepole that floats on the surface of through 63.1066, to read as follows. without a fixed roof. the stored liquid. The rim of the float Fill or filling means the introduction has a wiper or seal that extends to the Subpart WWÐNational Emission of liquid into a storage vessel, but not inner surface of the pole. Standards for Storage Vessels necessarily to capacity. Pole sleeve means a device which (Tanks)ÐControl Level 2 Fixed roof means a roof that is extends from either the cover or the rim mounted (i.e., permanently affixed) on a of an opening in a floating roof deck to Sec. the outer surface of a pole that passes 63.1060 Applicability. storage vessel and that does not move 63.1061 Definitions. with fluctuations in stored liquid level. through the opening. The sleeve extends 63.1062 Storage vessel control Flexible fabric sleeve seal means a into the stored liquid. Pole wiper means a seal that extends requirements. seal made of an elastomeric fabric (or from either the cover or the rim of an 63.1063 Floating roof requirements. other material) which covers an opening opening in a floating roof deck to the 63.1064 Alternative means of emission in a floating roof deck, and which limitation. outer surface of a pole that passes 63.1065 Recordkeeping requirements. allows the penetration of a fixed roof through the opening. 63.1066 Reporting requirements. support column. The seal is attached to Referencing subpart means the the rim of the deck opening and extends subpart that refers an owner or operator Subpart WWÐNational Emission to the outer surface of the column. The to this subpart. Standards for Storage Vessels seal is draped (but does not contact the Rim seal means a device attached to (Tanks)ÐControl Level 2 stored liquid) to allow the horizontal the rim of a floating roof deck that spans movement of the deck relative to the § 63.1060 Applicability. the annular space between the deck and column. the wall of the storage vessel. When a The provisions of this subpart apply Floating roof means a roof that floats floating roof has only one such device, to the control of air emissions from on the surface of the liquid in a storage it is a primary seal; when there are two storage vessels for which another vessel. A floating roof substantially seals (one mounted above the other), the subpart references the use of this covers the stored liquid surface (but is lower seal is the primary seal and the subpart for such air emission control. not necessarily in contact with the upper seal is the secondary seal. These air emission standards for storage entire surface), and is comprised of a Slotted guidepole means a guidepole vessels are placed here for deck, a rim seal, and miscellaneous or gaugepole that has slots or holes administrative convenience and only deck fittings. through the wall of the pole. The slots apply to those owners and operators of Initial fill or initial filling means the or holes allow the stored liquid to flow facilities subject to a referencing first introduction of liquid into a storage into the pole at liquid levels above the subpart. The provisions of subpart A vessel that is either newly constructed lowest operating level. (General Provisions) of this part do not or has not been in liquid service for a Storage vessel or Tank means a apply to this subpart except as noted in year or longer. stationary unit that is constructed the referencing subpart. Internal floating roof or IFR means a primarily of nonearthen materials (such § 63.1061 Definitions. floating roof located in a storage vessel as wood, concrete, steel, fiberglass, or All terms used in this subpart shall with a fixed roof. For the purposes of plastic) which provide structural have the meaning given them in the Act this subpart, an external floating roof support and is designed to hold an and in this section. located in a storage vessel to which a accumulation of liquids or other Capacity means the volume of liquid fixed roof has been added is considered materials. that is capable of being stored in a to be an internal floating roof. Vapor-mounted seal means a rim seal vessel, determined by multiplying the Liquid-mounted seal means a resilient designed not to be in contact with the vessel’s internal cross-sectional area by or liquid-filled rim seal designed to stored liquid. Vapor-mounted seals may the internal height of the shell. contact the stored liquid. include, but are not limited to, resilient Deck cover means a device which Mechanical shoe seal or metallic shoe seals and flexible wiper seals. covers an opening in a floating roof seal means a rim seal consisting of a § 63.1062 Storage vessel control deck. Some deck covers move band of metal (or other suitable requirements. horizontally relative to the deck (i.e., a material) as the sliding contact with the (a) For each storage vessel to which sliding cover). wall of the storage vessel, and a fabric this subpart applies, the owner or Empty or emptying means the partial seal to close the annular space between operator shall comply with one of the or complete removal of stored liquid the band and the rim of the floating roof requirements listed in paragraphs (a)(1) from a storage vessel. Storage vessels deck. The band is typically formed as a through (a)(3) of this section. that contain liquid only as wall or series of sheets (shoes) that are (1) Operate and maintain an IFR. bottom clingage, or in pools due to overlapped or joined together to form a (2) Operate and maintain an EFR. bottom irregularities, are considered ring. The lower end of the band extends (3) Equivalent requirements. Comply completely empty. into the stored liquid. with an equivalent to the requirements

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Internal with the requirements in paragraphs (a) (iv) Each opening for a fixed roof floating roofs shall be inspected as through (e) of this section. support column may be equipped with specified in paragraph (d)(1) of this (a) Design requirements. (1) Rim seals. a flexible fabric sleeve seal instead of a section before the initial filling of the (i) Internal floating roof. An IFR shall be deck cover. storage vessel. Subsequent inspections equipped with one of the seal (v) Each opening for a sample well or shall be performed as specified in configurations listed in paragraphs deck drain (that empties into the stored paragraph (c)(1)(i) or (c)(1)(ii) of this (a)(1)(i)(A) through (a)(1)(i)(C) of this liquid) may be equipped with a slit section. section. fabric seal or similar device that covers (i) Internal floating roofs shall be (A) A liquid-mounted seal. at least 90 percent of the opening, inspected as specified in paragraphs (B) A mechanical shoe seal. instead of a deck cover. (c)(1)(i)(A) and (c)(1)(i)(B) of this (C) Two seals mounted one above the (vi) Each cover on access hatches and section. other. The lower seal may be vapor- gauge float wells shall be designed to be (A) At least once per year the IFR mounted. bolted or fastened when closed. shall be inspected as specified in (D) If the IFR is equipped with a (vii) Each opening for an unslotted paragraph (d)(2) of this section. vapor-mounted seal as of the proposal guidepole shall be equipped with a pole (B) Each time the storage vessel is date for a referencing subpart, wiper, and each unslotted guidepole completely emptied and degassed, or paragraphs (a)(1)(i)(A) through shall be equipped with a gasketed cap every 10 years, whichever occurs first, (a)(1)(i)(C) of this section do not apply on the top of the guidepole. the IFR shall be inspected as specified until the next time the storage vessel is (viii) Each opening for a slotted in paragraph (d)(1) of this section. completely emptied and degassed, or 10 guidepole shall be equipped with one of (ii) Instead of the inspection years after promulgation of the the control device configurations frequency specified in paragraph referencing subpart, whichever occurs specified in paragraphs (a)(2)(viii)(A) (c)(1)(i) of this section, internal floating first. and (a)(2)(viii)(B) of this section. roofs with two rim seals may be (ii) External floating roof. An EFR (A) A pole wiper and a pole float. The inspected as specified in paragraph shall be equipped with one of the seal wiper or seal of the pole float shall be (d)(1) of this section each time the configurations listed in paragraphs at or above the height of the pole wiper. storage vessel is completely emptied (a)(1)(ii)(A) and (a)(1)(ii)(B) of this (B) A pole wiper and a pole sleeve. and degassed, or every 5 years, section. (ix) If the floating roof does not meet whichever occurs first. (A) A liquid-mounted seal and a the requirements listed in paragraphs (2) External floating roofs. External secondary seal. (a)(2)(i) through (a)(2)(viii) of this floating roofs shall be inspected as (B) A mechanical shoe seal and a section as of the proposal date of the specified in paragraphs (c)(2)(i) through secondary seal. The upper end of the referencing subpart, these requirements (c)(2)(iv) of this section. shoe(s) shall extend a minimum of 61 do not apply until the next time the (i) Within 90 days after the initial centimeters (24 inches) above the stored vessel is completely emptied and filling of the storage vessel, the primary liquid surface. degassed, or 10 years after the and secondary rim seals shall be (C) If the EFR is equipped with a promulgation date of the referencing inspected as specified in paragraph liquid-mounted seal or mechanical shoe subpart, whichever occurs first. (d)(3) of this section. seal, or a vapor-mounted seal and (b) Operational requirements. (1) The (ii) The secondary seal shall be secondary seal, as of the proposal date floating roof shall float on the stored inspected at least once every year, and for a referencing subpart, the seal liquid surface at all times, except when the primary seal shall be inspected at options specified in paragraphs the floating roof is supported by its leg least every 5 years, as specified in (a)(1)(ii)(A) and (a)(1)(ii)(B) of this supports or other support devices (e.g., paragraph (d)(3) of this section. section do not apply until the next time hangers from the fixed roof). (iii) Each time the storage vessel is the storage vessel is completely emptied (2) When the storage vessel is storing completely emptied and degassed, or and degassed, or 10 years after the liquid, but the liquid depth is every 10 years, whichever occurs first, promulgation date of the referencing insufficient to float the floating roof, the the EFR shall be inspected as specified subpart, whichever occurs first. process of filling to the point of in paragraph (d)(1) of this section. (2) Deck fittings. Openings through refloating the floating roof shall be (iv) If the owner or operator the deck of the floating roof shall be continuous and shall be performed as determines that it is unsafe to perform equipped as described in paragraphs soon as practical. the floating roof inspections specified in (a)(2)(i) through (a)(2)(viii) of this (3) Each cover over an opening in the paragraphs (c)(2)(i) and (c)(2)(ii) of this section. floating roof, except for automatic section, the owner or operator shall (i) Each opening except those for bleeder vents (vacuum breaker vents) comply with the requirements of automatic bleeder vents (vacuum and rim space vents, shall be closed at paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of breaker vents) and rim space vents shall all times, except when the cover must this section. have its lower edge below the surface of be open for access. (A) The inspections shall be the stored liquid. (4) Each automatic bleeder vent performed no later than 30 days after (ii) Each opening except those for (vacuum breaker vent) and rim space the determination that the floating roof automatic bleeder vents (vacuum vent shall be closed at all times, except is unsafe. breaker vents), rim space vents, leg when required to be open to relieve (B) The storage vessel shall be sleeves, and deck drains shall be excess pressure or vacuum, in removed from liquid service no later

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If the vessel cannot be emptied (i) Rim seals shall be measured for repaired as specified in paragraph (e)(1) within 45 days, the owner or operator gaps at one or more levels while the EFR or (e)(2) of this section. may utilize up to two extensions of up is floating, as specified in paragraphs (1) If the inspection is performed to 30 additional days each. (d)(3)(i)(A) through (d)(3)(i)(F) of this while the storage vessel is not storing Documentation of a decision to use an section. liquid, repairs shall be completed before extension shall include an explanation (A) The inspector shall hold a 0.32 the refilling of the storage vessel with of why it was unsafe to perform the centimeter (1⁄8 inch) diameter probe liquid. inspection, documentation that vertically against the inside of the (2) If the inspection is performed alternative storage capacity is storage vessel wall, just above the rim while the storage vessel is storing unavailable, and a schedule of actions seal, and attempt to slide the probe liquid, repairs shall be completed or the that will ensure that the vessel will be down between the seal and the vessel vessel removed from service within 45 emptied as soon as practical. wall. Each location where the probe days. If a repair cannot be completed (d) Inspection procedure passes freely (without forcing or binding and the vessel cannot be emptied within requirements. Floating roof inspections against the seal) between the seal and 45 days, the owner or operator may use shall be conducted as specified in the vessel wall constitutes a gap. up to 2 extensions of up to 30 additional paragraphs (d)(1) through (d)(3) of this (B) The length of each gap shall be days each. Documentation of a decision section, as applicable. If a floating roof determined by inserting the probe into to use an extension shall include a fails an inspection, the owner or the gap (vertically) and sliding the probe description of the failure, shall operator shall comply with the repair along the vessel wall in each direction document that alternate storage capacity requirements of paragraph (e) of this as far as it will travel freely without is unavailable, and shall specify a section. binding between the seal and the vessel schedule of actions that will ensure that (1) Floating roof (IFR and EFR) wall. The circumferential length along the control equipment will be repaired inspections shall be conducted by which the probe can move freely is the or the vessel will be completely emptied visually inspecting the floating roof gap length. as soon as practical. deck, deck fittings, and rim seals from (C) The maximum width of each gap within the storage vessel. The § 63.1064 Alternative means of emission shall be determined by inserting probes limitation. inspection may be performed entirely of various diameters between the seal from the top side of the floating roof, as (a) An alternate control device may be and the vessel wall. The smallest probe substituted for a control device long as there is visual access to all deck diameter should be 0.32 centimeter, and components specified in paragraph (a) specified in § 63.1063 if the alternate larger probes should have diameters in device has an emission factor less than of this section. Any of the conditions increments of 0.32 centimeter. The described in paragraphs (d)(1)(i) through or equal to the emission factor for the diameter of the largest probe that can be device specified in § 63.1063. Requests (d)(1)(v) of this section constitutes inserted freely anywhere along the inspection failure. for the use of alternate devices shall be length of the gap is the maximum gap made as specified in § 63.1066(b)(3). (i) Stored liquid on the floating roof. width. (ii) Holes or tears in the primary or Emission factors for the devices (D) The average width of each gap secondary seal (if one is present). specified in § 63.1063 are published in (iii) Floating roof deck, deck fittings, shall be determined by averaging the EPA Report No. AP–42, Compilation of or rim seals that are not functioning as minimum gap width (0.32 centimeter) Air Pollutant Emission Factors. designed (as specified in paragraph (a) and the maximum gap width. (b) Tests to determine emission of this section). (E) The area of a gap is the product factors for an alternate device shall (iv) Failure to comply with the of the gap length and average gap width. accurately simulate conditions under operational requirements of paragraph (F) The ratio of accumulated area of which the device will operate, such as (b) of this section. rim seal gaps to storage vessel diameter wind, temperature, and barometric (v) Gaps of more than 0.32 shall be determined by adding the area pressure. Test methods that can be used centimeters (1⁄8 inch) between any deck of each gap, and dividing the sum by the to perform the testing required in this fitting gasket, seal, or wiper (required by nominal diameter of the storage vessel. paragraph include, but are not limited paragraph (a) of this section) and any This ratio shall be determined to, the methods listed in paragraphs surface that it is intended to seal. separately for primary and secondary (b)(1) through (b)(3) of this section. (2) Tank-top inspections of IFR’s shall rim seals. (1) American Petroleum Institute be conducted by visually inspecting the (ii) The ratio of seal gap area to vessel (API) Manual of Petroleum floating roof deck, deck fittings, and rim diameter for the primary seal shall not Measurement Standards, Chapter 19, seal through openings in the fixed roof. exceed 212 square centimeters per meter Section 3, Part A, Wind Tunnel Test Any of the conditions described in of vessel diameter (10 square inches per Method for the Measurement of Deck- paragraphs (d)(1)(i) through (d)(1)(iv) of foot of vessel diameter), and the Fitting Loss Factors for External this section constitutes inspection maximum gap width shall not exceed Floating-Roof Tanks. failure. Identification of holes or tears in 3.81 centimeters (1.5 inches). (2) API Manual of Petroleum the rim seal is required only for the seal (iii) The ratio of seal gap area to vessel Measurement Standards, Chapter 19, that is visible from the top of the storage diameter for the secondary seal shall not Section 3, Part B, Air Concentration Test vessel. exceed 21.2 square centimeters per Method for the Measurement of Rim (3) Seal gap inspections for EFR’s meter (1 square inch per foot), and the Seal Loss Factors for Floating-Roof shall determine the presence and size of maximum gap width shall not exceed Tanks. gaps between the rim seals and the wall 1.27 centimeters (0.5 inches), except (3) API Manual of Petroleum of the storage vessel by the procedures when the secondary seal must be pulled Measurement Standards, Chapter 19,

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Section 3, Part E, Weight Loss Test date when a floating roof is set on its (3) Requests for alternate devices. The Method for the Measurement of Deck- legs or other support devices. The owner or operator requesting the use of Fitting Loss Factors for Internal owner or operator shall also keep a an alternate control device shall submit Floating-Roof Tanks. record of the date when the roof was a written application including (c) An alternate combination of refloated, and the record shall indicate emissions test results and an analysis control devices may be substituted for whether the process of refloating was demonstrating that the alternate device any combination of rim seal and deck continuous. has an emission factor that is less than fitting control devices specified in (d) An owner or operator who elects or equal to the device specified in § 63.1063 if the alternate combination to use an extension in accordance with § 63.1063. emits no more than the combination § 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B) (4) Requests for extensions. An owner specified in § 63.1063. The emissions shall keep the documentation required or operator who elects to use an from an alternate combination of control by those paragraphs. extension in accordance with devices shall be determined using AP– § 63.1066 Reporting requirements. § 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B) 42 or as specified in paragraph (b) of shall submit the documentation this section. The emissions from a (a) Notification of initial startup. If the required by those paragraphs. combination of control devices specified referencing subpart requires that a 6. Part 63 is amended by adding in § 63.1063 shall be determined using notification of initial startup be filed, subpart YY, consisting of §§ 63.1100 AP–42. Requests for the use of alternate then the content of the notification of through 63.1113, to read as follows. devices shall be made as specified in initial startup shall include (at a § 63.1066(b)(3). minimum) the information specified in Subpart YYÐNational Emission Standards the referencing subpart and the for Hazardous Air Pollutants for Source § 63.1065 Recordkeeping requirements. information specified in paragraphs Categories: Generic Maximum Achievable The owner or operator shall keep the (a)(1) and (a)(2) of this section. Control Technology Standards records required in paragraph (a) of this (1) The identification of each storage Sec. section for as long as liquid is stored. vessel, its capacity and the liquid stored 63.1100 Applicability. Records required in paragraphs (b), (c) in the storage vessel. 63.1101 Definitions. and (d) of this section shall be kept for (2) A statement of whether the owner 63.1102 Compliance schedule. 63.1103 Source category-specific at least 5 years. Records shall be kept in or operator of the source can achieve such a manner that they can be readily applicability, definitions, and compliance by the compliance date requirements. accessed within 24 hours. Records may specified in referencing subpart. 63.1104 Process vents from continuous unit be kept in hard copy or computer- (b) Periodic reports. Report the operations: applicability assessment readable form including, but not limited information specified in paragraphs procedures and methods. to, on paper, microfilm, computer, (b)(1) through (b)(4) of this section, as 63.1105 [Reserved] floppy disk, magnetic tape, or applicable, in the periodic report 63.1106 [Reserved] microfiche. specified in the referencing subpart. 63.1107 Equipment leaks: applicability assessment procedures and methods. (a) Vessel dimensions and capacity. A (1) Notification of inspection. To record shall be kept of the dimensions 63.1108 Compliance with standards and provide the Administrator the operation and maintenance of the storage vessel, an analysis of the opportunity to have an observer present, capacity of the storage vessel, and an requirements. the owner or operator shall notify the 63.1109 Recordkeeping requirements. identification of the liquid stored. Administrator at least 30 days before an 63.1110 Reporting requirements. (b) Inspection results. Records of inspection required by §§ 63.1063(d)(1) 63.1111 Startup, shutdown, and floating roof inspection results shall be or (d)(3). If an inspection is unplanned malfunction. kept as specified in paragraphs (b)(1) and the owner or operator could not 63.1112 Extension of compliance, and and (b)(2) of this section. have known about the inspection 30 performance test, monitoring, (1) If the floating roof passes recordkeeping, and reporting waivers days in advance, then the owner or inspection, a record shall be kept that and alternatives. operator shall notify the Administrator includes the information specified in 63.1113 Procedures for approval of at least 7 days before the inspection. paragraphs (b)(1)(i) and (b)(1)(ii) of this alternative means of emission limitation. Notification shall be made by telephone section. If the floating roof fails immediately followed by written Subpart YYÐNational Emission inspection, a record shall be kept that documentation demonstrating why the Standards for Hazardous Air Pollutants includes the information specified in inspection was unplanned. for Source Categories: Generic paragraphs (b)(1)(i) through (b)(1)(v) of Alternatively, the notification including Maximum Achievable Control this section. Technology Standards (i) Identification of the storage vessel the written documentation may be made in writing and sent so that it is received that was inspected. § 63.1100 Applicability. (ii) The date of the inspection. by the Administrator at least 7 days (iii) A description of all inspection before the inspection. If a delegated (a) General. This subpart applies to failures. State or local agency is notified, the source categories and affected sources (iv) A description of all repairs and owner or operator is not required to specified in § 63.1103(a) through (d) of the dates they were made. notify the Administrator. A delegated this subpart. The affected emission (v) The date the storage vessel was State or local agency may waive the points, by source category, are removed from service, if applicable. requirement for notification of summarized in table 1 of this section. (2) A record shall be kept of EFR seal inspections. This table also delineates the section gap measurements, including the raw (2) Inspection results. The owner or and paragraph of the rule that directs an data obtained and any calculations operator shall submit a copy of the owner or operator of an affected source performed. inspection record (required in to source category-specific control, (c) Floating roof landings. The owner § 63.1065) when inspection failures monitoring, recordkeeping, and or operator shall keep a record of the occur. reporting requirements.

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TABLE 1 TO § 63.1100(a).ÐSOURCE CATEGORY MACT a APPLICABILITY

Waste- Source cat- Source category Storage Process Transfer Equipment water Other egory MACT vessels vents racks leaks streams requirements

Acetal Resins Production ...... Yes ...... Yes ...... No ...... Yes ...... Yes ...... No ...... § 63.1103(a) Acrylic and Modacrylic Fibers Production ...... Yes ...... Yes ...... No ...... Yes ...... Yes ...... Yes b ...... § 63.1103(b) Hydrogen Fluoride Production ...... Yes ...... Yes ...... Yes ...... Yes ...... No ...... No ...... § 63.1103(c) Polycarbonate Production ...... Yes ...... Yes ...... No ...... Yes ...... Yes ...... No ...... § 63.1103(d) a Maximum achievable control technology. b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.

(b) Subpart A requirements. The assessment of applicability of this established for the primary product is following provisions of subpart A of this subpart to process units that are also appropriate for those periods when part (General Provisions), §§ 63.1 designed and operated as flexible products other than the primary product through 63.5, and §§ 63.12 through operation units, shall be reported in the are being produced. Documentation of 63.15, apply to owners or operators of Notification of Compliance Status this demonstration shall be submitted in affected sources subject to this subpart. Report required by § 63.1110(a)(4) when the Notification of Compliance Status (c) Research and development the primary product is determined to be report required by § 63.1110(a)(4). facilities. The provisions of this subpart a product produced by a source category (ii) The owner or operator shall do not apply to research and subject to requirements under this determine, for the production of each development facilities, consistent with subpart. The Notification of Compliance product, whether control is required in section 112(b)(7) of the Act. Status shall include the information accordance with the applicable criteria (d) Primary product determination specified in either paragraph (d)(4)(i) or for the primary product in § 63.1103. If and applicability. The primary product (ii) of this section. If the primary control is required, the owner or of a process unit shall be determined product is determined to be something operator shall establish separate according to the procedures specified in other than a product produced by a parameter monitoring levels, as paragraphs (d)(1) and (2) of this section. source category subject to requirements appropriate, for the production of each Paragraphs (d(3), (4), and (5) of this under this subpart, the owner or product. The parameter monitoring section discuss compliance for those operator shall retain information, data, levels developed shall be submitted in process units operated as flexible and analyses used to document the basis the Notification of Compliance Status operation units. for the determination that the primary report required by § 63.1110(a)(4). (1) If a process unit only manufactures product is not produced by a source (e) Storage vessel ownership one product, then that product shall category subject to requirements under determination. To determine the process represent the primary product of the this subpart. unit to which a storage vessel shall process unit. (i) If the process unit manufactures belong, the owner or operator shall (2) If a process unit is designed and only one product subject to sequentially follow the procedures operated as a flexible operation unit, the requirements under this subpart, the specified in paragraphs (e)(1) through primary product shall be determined as identity of that product. (8) of this section, stopping as soon as specified in paragraphs (d)(2)(i) or (ii) of (ii) If the process unit is designed and the determination is made. this section based on the anticipated operated as a flexible operation unit, the (1) If a storage vessel is already operations for the 5 years following the information specified in paragraphs subject to another subpart of this part on promulgation date for existing affected (d)(4)(ii)(A) through (C) of this section, the date of promulgation for an affected sources and for the first 5 years after as appropriate. source under the generic MACT, that initial startup for new affected sources. (A) The identity of the primary storage vessel shall belong to the (i) If the flexible operation unit will product. process unit subject to the other subpart. manufacture one product for the greatest (B) Information concerning operating (2) If a storage vessel is dedicated to percentage of operating time over the time and/or production mass for each a single process unit, the storage vessel five-year period, then that product shall product that was used to make the shall belong to that process unit. represent the primary product of the determination of the primary product (3) If a storage vessel is shared among flexible operation unit. under paragraph (d)(2)(i) or (ii) of this process units, then the storage vessel (ii) If the flexible operation unit will section. shall belong to that process unit located manufacture multiple products equally (5) When a flexible operation unit that on the same plant site as the storage based on operating time, then the is subject to this subpart is producing a vessel that has the greatest input into or product with the greatest production on product other than a product subject to output from the storage vessel (i.e., the a mass basis over the five-year period this subpart, or is producing a product process unit has the predominant use of shall represent the primary product of subject to this subpart that is not the the storage vessel.) the flexible operation unit. primary product, the owner or operator (4) If predominant use cannot be (3) Once the primary product of a shall comply with either paragraph determined for a storage vessel that is process unit has been determined to be (d)(5) (i) or (ii) of this section for each shared among process units and if only a product produced by a source category emission point. one of those process units is subject to subject to this subpart, the owner or (i) The owner or operator shall control this subpart, the storage vessel shall operator of the affected source shall emissions during the production of all belong to that process unit. comply with the standards for the products in accordance with the (5) If predominant use cannot be primary product production process requirements for the production of the determined for a storage vessel that is unit. primary product. As appropriate, the shared among process units and if more (4) The determination of the primary owner or operator shall demonstrate than one of the process units are subject product for a process unit, including the that the parameter monitoring level to standards under this subpart that

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If the of standards for an affected source section. The predominant use shall be predominant use changes, the under this subpart for existing affected determined among only those process redetermination of predominant use sources, whichever is more units that meet the criteria of paragraph shall be reported in the next Periodic representative of the expected (e)(8)(i) of this section. Report. operations for that storage vessel, and (f) Recovery operation equipment (7) If there is an unexpected change in based on the expected utilization for the ownership determination. To determine the utilization of recovery operation 5 years after initial startup for new the process unit to which recovery equipment that could reasonably change affected sources. The determination of equipment shall belong, the owner or the predominant use, the owner or predominant use shall be reported in operator shall sequentially follow the operator shall redetermine to which the Notification of Compliance Status procedures specified in paragraphs (f)(1) process unit the recovery operation Report required by § 63.1110(a)(4). If the through (7) of this section, stopping as belongs by reperforming the procedures predominant use changes, the soon as the determination is made. specified in paragraphs (f)(2) through (6) (1) If recovery operation equipment is redetermination of predominant use of this section. already subject to another subpart of (g) Overlap with other regulations. shall be reported in the next Periodic this part on the date standards are Paragraphs (g)(1) through (4) of this Report. promulgated for an affected source, that section specify the applicability of (7) If the storage vessel begins recovery operation equipment shall subpart YY emission point requirements receiving material from (or sending belong to the process unit subject to the when other rules may apply. Where material to) another process unit; ceases other subpart. subpart YY of this part allows an owner to receive material from (or send (2) If recovery operation equipment is or operator an option to comply with material to) a process unit; or if the used exclusively by a single process one or another regulation to comply applicability of this subpart to a storage unit, the recovery operation shall belong with subpart YY of this part, an owner vessel has been determined according to to that process unit. or operator must report which the provisions of paragraphs (e)(1) (3) If recovery operation equipment is regulation they choose to comply with through (6) of this section and there is shared among process units, then the in the Notification of Compliance Status a significant change in the use of the recovery operation equipment shall report required by § 63.1110(a)(4). storage vessel that could reasonably belong to that process unit that has the (1) Overlap of subpart YY with other change the predominant use, the owner greatest input into or output from the regulations for storage vessels. (i) After or operator shall reevaluate the recovery operation equipment (i.e., that the compliance dates specified in applicability of this subpart to the process unit has the predominant use of § 63.1102 for an affected source subject storage vessel. the recovery operation equipment). to this subpart, a storage vessel that is (8) Where a storage vessel is located (4) If predominant use cannot be part of an existing source that is subject at a major source that includes one or determined for recovery operation to the storage vessel requirements of this more process units that place material equipment that is shared among process subpart and the storage vessel into, or receive materials from, the units and if one of those process units requirements of subpart G (the storage vessel, but the storage vessel is is a process unit subject to this subpart, hazardous organic national emission located in a tank farm, the applicability the recovery operation equipment shall standards for hazardous air pollutants of this subpart shall be determined belong to the process unit subject to this (the HON)) of this part is in compliance according to the provisions in subpart. with the requirements of this subpart if paragraphs (e)(8)(i) through (iii) of this (5) If predominant use cannot be it complies with either such section. determined for recovery operation requirement and has notified the (i) The storage vessel may only be equipment that is shared among process Administrator in the Notification of assigned to a process unit that utilizes units and if more than one of the Compliance Status report required by the storage vessel and does not have an process units are process units that have § 63.1110(a)(4). intervening storage vessel for that different primary products and that are (ii) After the compliance dates product (or raw material, as subject to this subpart, then the owner specified in § 63.1102 for an affected appropriate). With respect to any or operator shall assign the recovery source subject to this subpart, a storage process unit, an intervening storage operation equipment to any one of those vessel that is part of an existing source vessel means a storage vessel connected process units. that is subject to the storage vessel by hard-piping to the process unit and (6) If the predominant use of recovery requirements of this subpart and to the to the storage vessel in the tank farm so operation equipment varies from year to storage vessel requirements of subpart that product or raw material entering or year, then the predominant use shall be Ka or Kb of part 60 is required only to leaving the process unit flows into (or determined based on the utilization that comply with the storage vessel from) the intervening storage vessel and occurred during the year preceding the requirements of this subpart. does not flow directly into (or from) the promulgation date of standards for an (2) Overlap of subpart YY with other storage vessel in the tank farm. affected source under this subpart or regulations for process vents. After the

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34924 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations compliance dates specified in § 63.1102 Batch cycle refers to manufacturing a owner or operator of an affected source for an affected source subject to this product from start to finish in a batch under this subpart to demonstrate subpart, a process vent that is part of an unit operation. compliance with an operation or existing source that is subject to the Batch emission episode means a emission limit standard. process vent requirements of this discrete venting episode that may be Continuous parameter monitoring subpart and to the process vent associated with a single unit operation. system or CPMS means the total requirements of subpart G (the HON) of A unit operation may have more than equipment that may be required to meet this part is in compliance with this one batch emission episode per batch the data acquisition and availability subpart if it complies with either such cycle. For example, a displacement of requirements of this subpart, and that is requirement and has notified the vapor resulting from the charging of a used to sample, condition (if Administrator in the Notification of vessel with organic HAP will result in applicable), analyze, and provide a Compliance Status report required by a discrete emission episode. If the vessel record of process or control system § 63.1110(a)(4). is then heated, there may also be parameters. another discrete emission episode Continuous unit operation means a (3) Overlap of subpart YY with other resulting from the expulsion of unit operation where the inputs and regulations for transfer racks. After the expanded vapor. Both emission outputs flow continuously. Continuous compliance dates specified in § 63.1102 episodes may occur during the same unit operations typically approach for an affected source subject to this batch cycle in the same vessel or unit steady-state conditions. Continuous unit subpart, a transfer rack that is part of an operation. There are possibly other operations typically involve the existing source that is subject to the emission episodes that may occur from simultaneous addition of raw material transfer rack requirements of this the vessel or other process equipment, and withdrawal of the product. subpart and to the transfer rack depending on process operations. Control device means, with the requirements of subpart G (the HON) of Batch unit operation means a unit exceptions noted below, a combustion this part is in compliance with this operation involving intermittent or device, recovery device, recapture subpart if it complies with either such discontinuous feed into equipment and, device, or any combination of these requirement and has notified the in general, involves the emptying of devices used to comply with this Administrator in the Notification of equipment after the batch cycle ceases subpart or a referencing subpart. For Compliance Status report required by and prior to beginning a new batch process vents from continuous unit § 63.1110(a)(4). cycle. Mass, temperature, concentration operations at affected sources in source (4) Overlap of subpart YY with other and other properties of the process may categories where the applicability regulations for equipment leaks. (i) vary with time. Addition of raw material criteria includes a TRE index value, After the compliance dates specified in and withdrawal of product do not recovery devices are not considered to § 63.1102 for an affected source subject simultaneously occur in a batch unit be control devices. Primary condensers to this subpart, equipment that is part of operation. on steam strippers or fuel gas systems an existing source that is subject to the Bottoms receiver means a tank that are not considered to be control devices. equipment leak control requirements of collects distillation bottoms before the Day means a calendar day. subpart TT (National Emission stream is sent for storage or for further Distillate receiver means overhead Standards for Equipment Leaks— downstream processing. receivers, overhead accumulators, reflux Control Level 1) pursuant to this subpart By compound means by individual drums, and condenser(s) including and to the equipment leak control stream components, not carbon ejector condenser(s) associated with a requirements of subpart VV of part 60 or equivalents. distillation unit. subpart V of part 61 is required only to Capacity means the volume of liquid Distillation unit means a device or comply with the equipment leak that is capable of being stored in a vessel in which one or more feed requirements of this subpart. storage vessel, determined by streams are separated into two or more multiplying the vessel’s internal cross- exit streams, each exit stream having (ii) After the compliance dates sectional area by the internal height of component concentrations different specified in § 63.1102 for an affected the shell. from those in the feed stream(s). The source subject to this subpart, Closed vent system means a system separation is achieved by the equipment that is part of an existing that is not open to the atmosphere and redistribution of the components source that is subject to the equipment is composed of piping, ductwork, between the liquid and the vapor phases leak control requirements of subpart UU connections, and, if necessary, flow by vaporization and condensation as (National Emission Standards for inducing devices that transport gas or they approach equilibrium within the Equipment Leaks—Control Level 2) of vapor from an emission point to a distillation unit. Distillation unit this part pursuant to this subpart and to control device. A closed vent system includes the distillate receiver, reboiler, the equipment leak control does not include the vapor collection and any associated vacuum pump or requirements of subpart H (the HON) or system that is part of any tank truck or steam jet. subpart I of this part is in compliance railcar or the loading arm or hose that Emission point means an individual with the equipment leak control is used for vapor return. For transfer process vent, storage vessel, transfer requirements of this subpart if it racks, the closed vent system begins at, rack, wastewater stream, kiln, fiber complies with either such requirement and includes, the first block valve on spinning line, equipment leak, or other and has notified the Administrator in the downstream side of the loading arm point where a gaseous stream is the Notification of Compliance Status or hose used to convey displaced released. report required by § 63.1110(a)(4). vapors. Equipment means each of the following that is subject to control § 63.1101 Definitions. Combined vent stream means a combination of emission streams from under this subpart: pump, compressor, All terms used in this subpart shall continuous and/or batch unit agitator, pressure relief device, sampling have the meaning given them in the Act, operations. collection system, open-ended valve or in 40 CFR 63.2 (General Provisions), and Compliance equipment means line, valve, connector, instrumentation in this section. monitoring equipment used by an system, and surge control vessel and

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Except for equipment leaks, under title V of the Act (42 U.S.C. 7661) manufacturing production unit; and any initial startup also does not include and part 71 of this chapter. control device or system used to comply subsequent startups (as defined in this Plant site means all contiguous or with this subpart. section) of process units following adjoining property that is under Equivalent method means any method changes in product for flexible common control, including properties of sampling and analysis for an air operation units or following recharging that are separated only by a road or pollutant that has been demonstrated to of equipment in batch unit operations. other public right-of-way. Common the Administrator’s satisfaction to have Low throughput transfer rack means a control includes properties that are a consistent and quantitatively known transfer rack that transfers less than a owned, leased, or operated by the same relationship to the reference method, total of 11.8 million liters per year of entity, parent entity, subsidiary, or any under specified conditions. liquid containing regulated HAP. combination thereof. Excess emissions means emissions in Malfunction means any sudden, Process condenser means a condenser excess of those that would have infrequent, and not reasonably whose primary purpose is to recover occurred if there were no start-up, preventable failure of air pollution material as an integral part of a process. shutdown, or malfunction and the control equipment, process equipment, The condenser must support a vapor-to- owner or operator complied with the or a process to operate in a normal or liquid phase change for periods of relevant provisions of this subpart. usual manner. Failures that are caused source equipment operation that are Final recovery device means the last in part by poor maintenance or careless above the boiling or bubble point of recovery device on a process vent operation are not malfunctions. substance(s). Examples of process stream from a continuous unit operation Maximum true vapor pressure means condensers include distillation at an affected source in a source the equilibrium partial pressure exerted condensers, reflux condensers, process category where the applicability criteria by the total organic HAP in the stored condensers in line prior to the vacuum includes a TRE index value. The final or transferred liquid at the temperature source, and process condensers used in recovery device usually discharges to a equal to the highest calendar-month stripping or flashing operations. combustion device, recapture device, or average of the liquid storage or transfer Process unit means the equipment directly to the atmosphere. temperature for liquids stored or assembled and connected by pipes or Flexible operation unit means a transferred above or below the ambient ducts to process raw and/or process unit that manufactures different temperature or at the local maximum intermediate materials and to chemical products periodically by monthly average temperature as manufacture an intended product. A alternating raw materials or operating reported by the National Weather process unit includes more than one conditions. Service for liquids stored or transferred unit operation. A process unit includes, Fuel gas means gases that are at the ambient temperature, as but is not limited to, process vents, combusted to derive useful work or determined: storage vessels, and equipment. heat. (1) In accordance with methods Process unit shutdown means a work Fuel gas system means the offsite and described in American Petroleum practice or operational procedure that onsite piping and flow and pressure Institute Publication 2517, Evaporation stops production from a process unit, or control system that gathers gaseous Loss From External Floating-Roof Tanks part of a process unit during which stream(s) generated by onsite (incorporated by reference as specified practice or procedure it is technically operations, may blend them with other in § 63.14 of subpart A of this part); or feasible to clear process material from sources of gas, and transports the (2) As obtained from standard the process unit, or part of the process gaseous stream for use as a fuel gas in reference texts; or unit, consistent with safety constraints combustion devices or in-process (3) As determined by the American and during which repairs can be combustion equipment, such as Society for Testing and Materials effected. The following are not furnaces and gas turbines, either singly Method D2879–83 (incorporated by considered process unit shutdowns: or in combination. reference as specified in § 63.14 of (1) An unscheduled work practice or Halogens and hydrogen halides subpart A of this part); or operational procedure that stops means hydrogen chloride (HCl), (4) Any other method approved by the production from a process unit, or part chlorine (Cl2), hydrogen bromide (HBr), Administrator. of a process unit, for less than 24 hours. bromine (Br2), and hydrogen fluoride On-site means, with respect to records (2) An unscheduled work practice or (HF). required to be maintained by this operational procedure that would stop Impurity means a substance that is subpart, a location within a plant site production from a process unit, or part produced coincidentally with the that encompasses the affected source. of a process unit, for a shorter period of primary product, or is present in a raw On-site includes, but is not limited to, time than would be required to clear the material. An impurity does not serve a the affected source to which the records process unit, or part of the process unit, useful purpose in the production or use pertain, or central files elsewhere at the of materials and start up the unit and of the primary product and is not plant site. result in greater emissions than delay of isolated. Organic hazardous air pollutant or repair of leaking components until the Initial startup means, for new sources, organic HAP means any organic next scheduled process unit shutdown. the first time the source begins chemicals that are also HAP. (3) The use of spare equipment and production. For additions or changes Permitting authority means one of the technically feasible bypassing of not defined as a new source by this following: equipment without stopping subpart, initial startup means the first (1) The State air pollution control production. time additional or changed equipment is agency, local agency, other State agency, Process vent means a piece of put into operation. Initial startup does or other agency authorized by the equipment that processes a gas stream not include operation solely for testing Administrator to carry out a permit (both batch and continuous streams) equipment. Initial startup does not program under part 70 of this chapter; during operation of the unit within a include subsequent startup (as defined or manufacturing process unit that meets

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Process vents operation between batches. equipment used in processing, among include vents from distillate receivers, Startup means the setting into other things, to prepare reactants, product separators, and ejector- operation of a regulated source and/or facilitate reactions, separate and purify condensers. Process vents exclude relief equipment required or used to comply products, and recycle materials. valve discharges and leaks from with this subpart. Startup includes Equipment used for these purposes equipment regulated under this subpart. initial startup, operation solely for includes, but is not limited to, reactors, Process vents that process gas streams testing equipment, the recharging of distillation columns, extraction containing less than or equal to 0.005 equipment in batch operation, and columns, absorbers, decanters, dryers, weight-percent organic HAP are not transitional conditions due to changes condensers, and filtration equipment. subject to the process vent requirements in product for flexible operation units. Vapor balancing system means a of this subpart. Storage vessel or Tank, for the piping system that is designed to collect Product means a compound or purposes of this subpart, means a organic HAP vapors displaced from tank chemical which is manufactured as the stationary unit that is constructed trucks or railcars during loading; and to intended product of the applicable primarily of nonearthen materials (such route the collected organic HAP vapors production process unit as defined in as wood, concrete, steel, fiberglass, or to the storage vessel from which the § 63.1103. By-products, isolated plastic) that provide structural support liquid being loaded originated, or to intermediates, impurities, wastes, and and is designed to hold an accumulation compress collected organic HAP vapors trace contaminants are not considered of liquids or other materials. Storage and commingle with the raw feed of a products. vessel does not include: production process unit. Recapture device means an individual (1) Vessels permanently attached to § 63.1102 Compliance schedule. unit of equipment capable of and used motor vehicles such as trucks, railcars, for the purpose of recovering chemicals, barges, or ships; (a) General requirements. Affected but not normally for use, reuse, or sale. (2) Bottoms receiver tanks; sources, as defined in § 63.1103(a)(1)(i) For example, a recapture device may (3) Surge control vessels; or for acetyl resins production; recover chemicals primarily for (4) Vessels storing wastewater. § 63.1103(b)(1)(i) for acrylic and disposal. Recapture devices include, but Subsequent startup means any setting modacrylic fiber production; are not limited to, absorbers, carbon into operation of a regulated source and/ § 63.1103(c)(1)(i) for hydrogen fluoride adsorbers, and condensers. For purposes or equipment required or used to production; or § 63.1103(d)(1)(i) for of the monitoring, recordkeeping, and comply with this subpart following the polycarbonate production, shall comply reporting requirements of this subpart, initial startup. with the appropriate provisions of this recapture devices are considered Surge control vessel means a feed subpart and the subparts referenced by recovery devices. drum, recycle drum, or intermediate this subpart according to the schedule Recovery device means an individual vessel. Surge control vessels are used described in paragraph (a)(1) or (2) of unit of equipment capable of and within a process unit (as defined in this this section, as appropriate. normally used for the purpose of subpart) when in-process storage, (1) Compliance dates for new and recovering chemicals for fuel value (i.e., mixing, or management of flow rates or reconstructed sources. (i) The owner or net positive heating value), use, reuse, volumes is needed to assist in operator of a new or reconstructed or for sale for fuel value. Examples of production of a product. affected source for which construction equipment that may be recovery devices Total organic compounds or TOC or reconstruction commences after include absorbers, carbon adsorbers, means those compounds, excluding October 14, 1998 that has an initial condensers, oil-water separators or methane and ethane, measured startup before the effective date of organic-water separators, or organic according to the procedures of Method standards for an acetal resins, acrylic removal devices such as decanters, 18 or Method 25A of appendix A of part and modacrylic fiber, hydrogen fluoride, strippers, or thin-film evaporation units. 60. or polycarbonate production affected For purposes of the monitoring, Total resource effectiveness index source under this subpart shall comply recordkeeping, and reporting value or TRE index value means a with this subpart no later than the requirements of this subpart, recapture measure of the supplemental total effective date of standards for the devices are considered recovery devices. resource requirement per unit reduction affected source. Research and development facility of organic HAP associated with a (ii) The owner or operator of a new or means laboratory and pilot plant process vent stream, based on vent reconstructed acetal resins, acrylic and operations whose primary purpose is to stream flow rate, emission rate of modacrylic fiber, hydrogen fluoride, or conduct research and development into organic HAP, net heating value, and polycarbonate production affected new processes and products, where the corrosion properties (whether or not the source that has an initial startup after operations are under the close vent stream contains halogenated the effective date of standards for the supervision of technically trained compounds), as quantified by the affected source shall comply with this personnel, and is not engaged in the equations given under § 63.1104(e). subpart upon startup of the source. manufacture of products for commercial Transfer rack means a single system (iii) The owner or operator of an sale, except in a de minimis manner. used to fill bulk cargo tanks mounted on acetal resins, acrylic and modacrylic Shutdown means the cessation of or in a truck or railcar. A transfer rack fiber, hydrogen fluoride, or operation of a regulated source and includes all loading arms, pumps, polycarbonate production affected equipment required or used to comply meters, shutoff valves, relief valves, and source for which construction or with this subpart, or the emptying and other piping and equipment necessary reconstruction is commenced after degassing of a storage vessel. Shutdown for the transfer operation. Transfer October 14, 1998 but before the effective is defined here for purposes of equipment and operations that are date of standards for the affected source

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under this subpart shall comply with requirements. (1) Applicability. (i) oxymethylene units (CH2O) in the this subpart no later than July 1, 2002 Affected source. For the acetal resins polymer backbone. if: production source category (as defined Back end process vent means any (A) The promulgated standard is more in paragraph (a)(2) of this section), the process vent from a continuous unit stringent than the proposed standard; affected source shall comprise all operation that is not a front end process and emission points, in combination, listed vent up to the final separation of raw (B) The owner or operator complies in paragraphs (a)(1)(i)(A) through (D) of materials and by-products from the with this subpart as proposed during the this section, that are associated with an stabilized polymer. 3-year period immediately after the acetal resins production process unit Front end process vent means any effective date of standards for an acetal located at a major source, as defined in process vent from a continuous unit resins, acrylic and modacrylic fiber, section 112(a) of the Clean Air Act (Act). operation involved in the purification of hydrogen fluoride, or polycarbonate (A) All storage vessels that store formaldehyde feedstock for use in the production affected source. liquids containing organic HAP. acetal homopolymer process. All front (2) Compliance dates for existing (B) All process vents from continuous end process vents are restricted to those sources. (i) The owner or operator of an unit operations (front end process vents vents that occur prior to the polymer existing acetal resins, acrylic and and back end process vents). reactor. modacrylic fiber, hydrogen fluoride, or (C) All wastewater streams associated (3) Requirements. Table 1 of this polycarbonate production affected with the acetal resins production section specifies the acetal resins source shall comply with the process unit as defined in (a)(2) of this production standards applicability for requirements of this subpart within 3 section. existing and new sources. Applicability years after the effective date of (D) Equipment (as defined in assessment procedures and methods are standards for the affected source. § 63.1101 of this subpart) that contains (ii) The owner or operator of an acetal specified in §§ 63.1104 through 63.1107. or contacts organic HAP. resins, acrylic and modacrylic fiber, An owner or operator of an affected (ii) Compliance schedule. The hydrogen fluoride, or polycarbonate source is not required to perform tests, compliance schedule for affected production nonmajor source that TRE calculations or other applicability sources as defined in paragraph (a)(1)(i) increases its emissions of (or its assessment procedures if they opt to of this section is specified in potential to emit) hazardous air comply with the most stringent § 63.1102(a). pollutants such that the source becomes requirements for an applicable emission a major source shall be subject to the (2) Definitions. point pursuant to this subpart. General relevant standards for existing sources Acetal resins production means the compliance, recordkeeping, and under this subpart. Such sources shall production of homopolymers and/or reporting requirements are specified in comply with the relevant standard copolymers of alternating oxymethylene §§ 63.1108 through 63.1112. Procedures within 3 years of becoming a major units. Acetal resins are also known as for approval of alternative means of source. polyoxymethylenes, polyacetals, and emission limitations are specified in aldehyde resins. Acetal resins are § 63.1113. The owner or operator must § 63.1103 Source category-specific generally produced by polymerizing control organic HAP emissions from applicability, definitions, and requirements. formaldehyde (HCHO) with the each affected source emission point by (a) Acetal resins production methylene functional group (CH2) and meeting the applicable requirements applicability, definitions, and are characterized by repeating specified in table 1 of this section.

TABLE 1. TO § 63.1103(a)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTION EXISTING OR NEW AFFECTED SOURCE?

If you own or operate. .. And if. .. Then you must. ..

1. A storage vessel with: 34 cubic meters < ca- The maximum true vapor pressure of organic a. Reduce emissions of total organic HAP by pacity. HAP > 17.1 kilopascals (for existing 95 weight-percent by venting emissions sources) or > 11.7 kilopascals (for new through a closed vent system to any com- sources). bination of control devices meeting the re- quirements of subpart SS (national emis- sion standards for closed vent systems, control devices, recovery devices, and rout- ing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or b. Comply with the requirements of subpart WW (national emission standards for stor- age vessels (control level 2)) of this part. 2. A front end process vent from continuous ...... a. Reduce emissions of total organic HAP by unit operations. using a flare meeting the requirements of subpart SS of this part; or b. Reduce emissions of total organic HAP by 60 weight-percent, or reduce TOC to a con- centration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as speci- fied in § 63.982(a)(2) (process vent require- ments) of this part.

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TABLE 1. TO § 63.1103(a)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTION EXISTING OR NEW AFFECTED SOURCE?ÐContinued

If you own or operate. .. And if. .. Then you must. ..

3. A back end process vent from continuous The vent stream has a a TREa < 1.0 ...... a. Reduce emissions of total organic HAP by unit operations. using a flare meeting the requirements of subpart SS of this part; or b. Reduce emissions of total organic HAP by 98 weight-percent, or reduce TOC to a con- centration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as speci- fied in § 63.982(a)(2) (process vent require- ments) of this part; or c. Achieve and maintain a TRE index value greater than 1.0. 4. A back end process vent from continuous 1.0 ≤ TREa ≤ 4.0 ...... Monitor and keep records of equipment oper- unit operations. ating parameters specified to be monitored under subpart SS, §§ 63.990(c)(absorber, condenser, and carbon adsorber moni- toring) or 63.995(c) (other noncombustion systems used as a control device moni- toring) of this part. 5. Equipment as defined under § 63.1101 ...... The equipment contains or contacts ≥ 10 Comply with the requirements of subpart TT weight-percent organic HAPb, and operates (national emission standards for equipment ≤ 300 hours per year. leaks (control level 1)) or subpart UU (na- tional emission standards for equipment leaks (control level 2)) of this part. a The TRE is determined according to the procedures specified in § 63.1104(j). b The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(b) Acrylic and modacrylic fiber spin bath to wash, dry, or draw the spun agitation. Solid beads of polymer are production applicability, definitions, fiber. formed in this suspension reaction and requirements. (1) Applicability. (i) (ii) Compliance schedule. The which are subsequently filtered, Affected source. For the acrylic fibers compliance schedule, for affected washed, refiltered, and dried. The beads and modacrylic fibers production (as sources as defined in paragraph (b)(1)(i) must be subsequently redissolved in a defined in paragraph (b)(2) of this of this section, is specified in solvent to create a spin dope prior to section) source category, the affected § 63.1102(a). introduction to the fiber spinning source shall comprise all emission (2) Definitions. process. points, in combination, listed in Acrylic fiber means a manufactured Fiber spinning line means the group paragraphs (b)(1)(i)(A) through (E) of synthetic fiber in which the fiber- of equipment and process vents this section, that are associated with a forming substance is any long-chain associated with acrylic or modacrylic suspension or solution polymerization synthetic polymer composed of at least fiber spinning operations. The fiber process unit that produces acrylic and 85 percent by weight of acrylonitrile spinning line includes (as applicable to modacrylic fiber located at a major units. the type of spinning process used) the source as defined in section 112(a) of Acrylic and modacrylic fibers blending and dissolving tanks, spinning the Act. production means the production of solution filters, wet spinning units, spin (A) All storage vessels that store either of the following synthetic fibers bath tanks, and the equipment used liquid containing acrylonitrile or composed of acrylonitrile units: downstream of the spin bath to wash, organic HAP. (i) Acrylic fiber. dry, or draw the spun fiber. (B) All process vents from continuous (ii) Modacrylic fiber. Modacrylic fiber means a unit operations. Acrylonitrile solution polymerization manufactured synthetic fiber in which (C) All wastewater streams associated means a process where acrylonitrile and the fiber-forming substance is any long- with the acrylic and modacrylic fibers comonomers are dissolved in a solvent chain synthetic polymer composed of at production process unit as defined in to form a polymer solution (typically least 35 percent by weight of (b)(2) of this section. polyacrylonitrile). The polyacrylonitrile acrylonitrile units but less than 85 (D) Equipment (as defined in is soluble in the solvent. In contrast to percent by weight of acrylonitrile units. § 63.1101 of this subpart) that contains suspension polymerization, the Spin dope means the liquid mixture or contacts acrylonitrile or organic HAP. resulting reactor polymer solution (spin of polymer and solvent that is fed to the (E) All acrylic and modacrylic fiber dope) is filtered and pumped directly to spinneret to form the acrylic and spinning lines using a spinning solution the fiber spinning process. modacrylic fibers. or suspension having organic Acrylonitrile suspension (3) Requirements. An owner or acrylonitrile or organic HAP. For the polymerization means a polymerization operator of an affected source must purposes of implementing this process where small drops of comply with the requirements of paragraph, a spinning line includes the acrylonitrile and comonomers are paragraph (b)(3)(i) or (ii) of this section. spinning solution filters, spin bath, and suspended in water in the presence of (i) Table 2 of this section specifies the the equipment used downstream of the a catalyst where they polymerize under acrylic and modacrylic fiber production

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TABLE 2.ÐTO § 63.1103(b)(3)(i)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(i) OF THIS SECTION?

If you own or operate... And if... Then you must...

1. A storage vessel ...... The stored material is acrylonitrile ...... a. Reduce emissions of acrylonitrile by 98 weight-percent by venting emissions through a closed vent system to any com- bination of control device meeting the re- quirements of subpart SS (national emis- sion standards for closed vent systems, control devices, recovery devices, and rout- ing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part, or 95 weight-per- cent or greater by venting through a closed vent system to a recovery device meeting the requirements of subpart SS (national emission standards for closed vent sys- tems, control devices, recovery devices, and routing to a fuel gas system or a proc- ess), § 63.993 (recovery device require- ments) of this part; or b. Comply with the requirements of subpart WW (national emission standards for stor- age vessels (control level 2)) of this part. 2. A process vent from continuous unit oper- The vent steam has a mass emission rate of a. Reduce emissions of acrylonitrile or TOC ations (halogenated). halogen atoms contained in organic com- as specified for nonhalogenated process pounds ≥0.45 kilograms per hour a and an vents from continuous unit operations (other acrylonitrile concentration ≥50 parts per mil- than by using a flare) by venting emissions lion by volume b and an average flow rate through a closed vent system to a halogen ≥0.005 cubic meters per minute. reduction device meeting the requirements of subpart SS, § 63.994 (halogen reduction devices requirements) of this part that re- duces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilo- grams per year, whichever is less stringent; or b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilo- grams per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS, § 63.994 (halogen reduction devices requirements) of this part and then complying with the requirements specified for process vents from continuous unit op- erations (nonhalogenated). 3. A process vent from continuous unit oper- The vent steam has a mass emission rate of a. Reduce emissions of acrylonitrile by using ations (nonhalogenated). halogen atoms contained in organic com- a flare meeting the requirements of subpart pounds <0.45 kilograms per hour a, and an SS, § 63.987 (flare requirements) of this acrylonitrile concentration ≥50 parts per mil- part or lion by volume b and an average flow rate b. Reduce emissions of acrylonitrile by 98 ≥0.005 cubic meters per minute. weight-percent, or reduce TOC to a con- centration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS (national emission standards for closed vent sys- tems, control devices, recovery devices, and routing to a fuel gas system or a proc- ess), as specified in § 63.982(a)(2) (process vent requirements) of this part.

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TABLE 2.ÐTO § 63.1103(b)(3)(i)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(i) OF THIS SECTION?ÐContinued

If you own or operate... And if... Then you must...

4. A fiber spinning line that is a new or modified The lines use a spin dope produced from ei- a. Reduce acrylonitrile emissions by 85 source. ther a suspension polymerization process weight-percent or more. (For example, by or solution polymerization process,. enclosing the spinning and washing areas of the spinning line (as specified in para- graph (b)(4) of this section) and venting through a closed vent system and using any combination of control devices meeting the requirements of subpart SS, as speci- fied in § 63.982(a), of this part); or b. Reduce acrylonitrile emissions from the spinning line to less than or equal to 0.25 kilograms of acrylonitrile per megagram (0.5 pounds of acrylonitrile per ton) of acrylic and modacrylic fiber produced; or c. Reduce the AN concentration of the spin dope to less than 100 ppmw. 5. A fiber spinning line that is an existing The spinning line uses a spin dope produced Maintain records and report emissions as source. from a solution polymerization process. specified in §§ 63.1109 through 63.1110. Control of spinning line AN emissions is not required 6. A fiber spinning line that is an existing The spinning line uses a spin dope produced a. Reduce the AN concentration of the spin source. from a suspension polymerization process. dope to less than 100 ppmw b, or b. Reduce acrylonitrile emissions from the spinning line to less than or equal to 0.025 kilograms of acrylonitrile per megagram of acrylic and modacrylic fiber produced. 7. Equipment as defined under § 63.1101 ...... It contains or contacts ≥10 weight-percent ac- Comply with the requirements of subpart TT rylonitrile c, and operates ≥300 hours per (national emission standards for equipment year. leaks (control level 1)) or subpart UU (na- tional emission standards for equipment leaks (control level 2)) of this part. a The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in § 63.1104(i). b The percent by weight organic HAP is determined according to the procedures specified in § 63.1107. c The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(ii) The owner or operator must of this section. Applicability assessment point pursuant to this subpart. General control organic HAP emissions from the procedures and methods are specified in compliance, recordkeeping, and acrylic and modacrylic fibers §§ 63.1104 through 63.1107. An owner reporting requirements are specified in production facility by meeting the or operator of an affected source does §§ 63.1108 through 63.1112. Procedures applicable requirements specified in not have to perform tests, TRE for approval of alternative means of table 3 of this section. The owner or calculations or other applicability emission limitations are specified in operator must determine the facility assessment procedures if they opt to § 63.1113. acrylonitrile emission rate using the comply with the most stringent procedures specified in paragraph (b)(5) requirements for an applicable emission

TABLE 3. TO § 63.1103(b)(3)(ii).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(ii) OF THIS SECTION?

If you own or operate... Then you must control total organic HAP emissions from the affected source by...

1. An acrylic and modacrylic fibers production Meeting all of following requirements: affected source and your facility is an existing a. Reduce total acrylonitrile emissions from all affected storage vessels, process vents, waste- source. water streams associated with the acrylic and modacrylic fibers production process unit as defined in paragraph (b)(2) of this section, and fiber spinning lines operated in your acrylic and modacrylic fibers production facility to less than or equal to 1.0 kilograms (kg) of acrylo- nitrile per megagram (Mg) of fiber produced. b. Determine the facility acrylonitrile emission rate in accordance with the requirements speci- fied in paragraph(b)(5) of this section. 2. An acrylic and modacrylic fibers production Meeting all of following requirements: affected source and your facility is a new a. Reduce total acrylonitrile emissions from all affected storage vessels, process vents, waste- source. water streams associated with the acrylic and modacrylic fibers production process unit as defined in paragaph (b)(2) of this section, and fiber spinning lines operated in the acrylic and modacrylic fibers production facility to less than or equal to 0.5 kilograms (kg) of acrylonitrile per megagram (Mg) of fiber produced.

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TABLE 3. TO § 63.1103(b)(3)(ii).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(ii) OF THIS SECTION?ÐContinued

If you own or operate... Then you must control total organic HAP emissions from the affected source by...

b. Determine the facility acrylonitrile emission rate in accordance with the requirements speci- fied in paragraph (b)(5) of this section. 3. Equipment as defined under § 63.1101 and it Meeting either of the following standards for equipment leaks: contains or contacts ≥ 10 weight-percent ac- a. Comply with subpart TT of this part; or rylonitrile,a and operates ≥ 300 hours per year. b. Comply with subpart UU of this part. a The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(4) Fiber spinning line enclosure prepare a new determination of the open-ended valve or line, valve, requirements. For an owner or operator facility acrylonitrile emission rate. connector, and instrumentation system of a new or modified source electing to (iii) For each determination, the in hydrogen fluoride service; and any comply with paragraph (b)(3)(i) of this owner or operator must prepare and control devices or closed-vent systems section, the fiber spinning line maintain at the facility site sufficient used to comply with this subpart. enclosure must be designed and process data, emissions data, and any Hydrogen fluoride production means operated to meet the requirements other documentation necessary to a process engaged in the production and specified in paragraphs (b)(4)(i) through support the facility acrylonitrile recovery of hydrogen fluoride by (iv) of this section. emission rate calculation. reacting calcium fluoride with sulfuric (i) The enclosure must cover the (c) Hydrogen fluoride production acid. For the purpose of implementing spinning and washing areas of the applicability, definitions, and this subpart, hydrogen fluoride spinning line. requirements. (1) Applicability. (i) production is not a process that (ii) The enclosure must be designed Affected source. For the hydrogen produces gaseous hydrogen fluoride for and operated in accordance with the fluoride production (as defined in direct reaction with hydrated aluminum criteria for a permanent total enclosure paragraph (c)(2) of this section) source to form aluminum fluoride (i.e., the as specified in ‘‘Procedure T—Criteria category, the affected source shall hydrogen fluoride is not recovered as an for and Verification of a Permanent or comprise all emission points, in intermediate or final product prior to Temporary Total Enclosure’’ in 40 CFR combination, listed in paragraphs reacting with the hydrated aluminum). 52.741, Appendix B. (c)(1)(i)(A) through (D) of this section, In hydrogen fluoride service means (iii) The enclosure may have that are associated with a hydrogen that a piece of equipment either permanent or temporary openings to fluoride production process unit located contains or contacts a hydrogen fluoride allow worker access; passage of material at a major source as defined in section process fluid (liquid or gas). In vacuum service means that into or out of the enclosure by conveyor, 112(a) of the Act. equipment is operating at an internal vehicles, or other mechanical means; (A) All storage vessels used to pressure which is at least 5 kilopascals entry of permanent mechanical or accumulate or store hydrogen fluoride. (B) All process vents from continuous below ambient pressure. electrical equipment; or to direct airflow unit operations associated with Instrumentation system means a into the enclosure. hydrogen fluoride recovery and refining group of equipment components used to (iv) The owner or operator must operations. These process vents include condition and convey a sample of the perform the verification procedure for vents on condensers, distillation units, process fluid to analyzers and the enclosure as specified in section 5.0 and water scrubbers. instruments for the purpose of to ‘‘Procedure T—Criteria for and (C) All transfer racks used to load determining process operating Verification of a Permanent or hydrogen fluoride into tank trucks or conditions (e.g., composition, pressure, Temporary Total Enclosure’’ initially railcars. flow, etc.). Valves and connectors are when the enclosure is first installed (D) Equipment in hydrogen fluoride the predominant type of equipment and, thereafter, annually. service (as defined in paragraph (c)(2) of used in instrumentation systems; (5) Facility acrylonitrile emission rate this section). however, other types of equipment may determination. For an owner or operator (ii) Compliance schedule. The also be included in these systems. electing to comply with paragraph compliance schedule, for affected Kiln seal means the mechanical or (b)(3)(ii) of this section, the facility sources as defined in paragraph (c)(1)(i) hydraulic seals at both ends of the kiln, acrylonitrile emission rate must be of this section, is specified in designed to prevent the infiltration of determined using the requirements § 63.1102(a). moisture and air through the interface of specified in paragraphs (b)(5)(i) through (2) Definitions. the rotating kiln and stationary pipes (iii) of this section. Connector means flanged, screwed, or and equipment attached to the kiln (i) The owner or operator must other joined fittings used to connect two during normal vacuum operation of the prepare an initial determination of the pipelines or a pipeline and a piece of kiln (operation at an internal pressure of facility acrylonitrile emission rate. equipment. A common connector is a at least 0.25 kilopascal [one inch of (ii) Whenever changes to the acrylic flange. Joined fittings welded water] below ambient pressure). or modacrylic fiber production completely around the circumference of Leakless pump means a pump whose operations at the facility could the interface are not considered seals are submerged in liquid, a potentially cause the facility connectors for the purposes of this magnetically-driven pump, a pump acrylonitrile emission rate to exceed the subpart. equipped with a dual mechanical seal applicable limit of kilogram of Equipment means each pump, system that includes a barrier fluid acrylonitrile per Megagram of fiber compressor, agitator, pressure relief system, a canned pump, or other pump produced, the owner or operator must device, sampling connection system, that is designed with no externally

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34932 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations actuated shaft penetrating the pump nonroutine discharge. A relief valve Shift means the time a shift operator housing. discharge can result from an operator normally works, typically 8 or 12 hours. Open-ended valve or line means any error, a malfunction such as a power (3) Requirements. Table 4 of this valve, except relief valves, having one failure or equipment failure, or other section specifies the hydrogen fluoride side of the valve seat in contact with unexpected cause that requires production source category applicability process fluid and one side open to the immediate venting of gas from process and control requirements for both atmosphere, either directly or through equipment in order to avoid safety existing and new sources. The owner or open piping. hazards or equipment damage. Pressure release means the emission operator must control hydrogen fluoride Repaired for the purpose of this emissions from each affected source of materials resulting from the system regulation means equipment is adjusted, emission point as specified in table 4. pressure being greater than the set or otherwise altered, to eliminate a leak General compliance, recordkeeping, and pressure of the relief device. This identified by sensory monitoring. release can be one release or a series of reporting requirements are specified in releases over a short time period due to Sampling connection system means §§ 63.1108 through 63.1112. Specific a malfunction in the process. an assembly of equipment within a monitoring, recordkeeping, and process unit or affected facility used Pressure relief device or valve means reporting requirements are specified in during periods of representative a safety device used to prevent table 4. Minimization of emissions from operating pressures from exceeding the operation to take samples of the process fluid. Equipment used to take startups, shutdowns, and malfunctions, maximum allowable working pressure including those resulting from kiln seals of the process equipment. A common nonroutine grab samples is not considered a sampling connection must be addressed in the startup, pressure relief device is a spring-loaded shutdown, and malfunction plan pressure relief valve. Devices that are system. required by § 63.1111; the plan must actuated either by a pressure of less than Sensory monitoring means the also establish reporting and or equal to 2.5 pounds per square inch detection of a potential leak to the gauge or by a vacuum are not pressure atmosphere by walk-through visual, recordkeeping of such events. relief devices. audible, or olfactory monitoring. Procedures for approval of alternative Relief device or valve means a valve Comprehensive component-by- means of emission limitations are used only to release an unplanned, component inspection is not required. specified in § 63.1113.

TABLE 4. TO § 63.1103(C)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTION EXISTING OR NEW AFFECTED SOURCE?

If you own or operate . .. And if . .. Then you must . ..

1. A storage vessel ...... The stored material is hydrogen fluoride ...... Reduce emissions of hydrogen fluoride by venting displacement emissions created by normal filling or emptying activities through a closed-vent system to a recovery system or wet scrubber that is designed and oper- ated to achieve a 99 weight-percent re- moval efficiency. The minimum liquid flow rate to the scrubber that achieves a 99 weight-percent removal efficiency shall be established, and may be done so by design analysis. The liquid flow rate to the scrub- ber shall be continuously monitored and records maintained according to § 63.996 and § 63.998(b), (c), and (d)(3) of 40 CFR subpart SS of this part. The Periodic Report specified in § 63.1110(a)(5) of this subpart shall include the information specified in § 63.999(c) of 40 CFR subpart SS of this part, as applicable. 2. A process vent from continuous unit oper- The vent stream is from hydrogen fluoride re- Reduce emissions of hydrogen fluoride from ations. covery and refining vessels. the process vent by venting emissions through a closed-vent system to a wet scrubber that is designed and operated to achieve a 99 weight-percent removal effi- ciency. Monitoring, recordkeeping, and re- porting of wet scrubber operation shall be in accordance with the requirements stated above for a wet scrubber controlling hydro- gen fluoride emissions from a storage ves- sel.

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TABLE 4. TO § 63.1103(C)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTION EXISTING OR NEW AFFECTED SOURCE?ÐContinued

If you own or operate . .. And if . .. Then you must . ..

3. A transfer rack ...... The transfer rack is associated with bulk hy- Reduce emissions of hydrogen fluoride by drogen fluoride liquid loading into tank venting emissions through a closed-vent trucks and rail cars. system to a recovery system or wet scrub- ber that is designed and operated to achieve a 99 weight-percent removal effi- ciency. Monitoring, recordkeeping, and re- porting of wet scrubber operation shall be in accordance with the requirements stated above for a wet scrubber controlling HF emissions from a storage vessel. You also must load hydrogen fluoride into only tank trucks and railcars that have a current cer- tification in accordance with the U.S. DOT pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or have been demonstrated to be vapor-tight (i.e. will sustain a pressure change of not more than 750 Pascals within 5 minutes after it is pressurized to a min- imum or 4,500 Pascals) within the pre- ceding 12 months. 4. Equipment ...... It is in hydrogen fluoride service and operates Control hydrogen fluoride emissions by using ≥ 300 hours per year and is not in vacuum leakless pumps and by implementing a sen- service. sory monitoring leak detection program. Equipment that is excluded from sensory monitoring because it operates less than 300 hours per year or is in vacuum service shall be identified by list, location, or other method and the identity shall be recorded. An owner or operator is required to perform sensory monitoring at least once every shift, but no later than within 15 days. When a leak is detected, repair must begin within one hour and be completed as soon as practical. A record shall be kept of each leak detected and repaired including: equip- ment identification number, date and time the leak was detected and that repair was initiated, and the date of successful repair.

(d) Polycarbonate production equipment (listed in paragraphs carbonate diester or by ester exchange. applicability, definitions, and (d)(1)(i)(A) through (D) of this section) Polycarbonate may be produced by requirements. downstream of the reactor that provides solution or emulsion polymerization, (1) Applicability. phosgene for the production of although other methods may be used. A (i) Affected source. For the polycarbonate. Therefore, for the typical method for the manufacture of polycarbonate production (as defined in purposes of this rule, such a phosgene polycarbonate includes the reaction of paragraph (d)(2) of this section) source production unit is considered to be a bisphenol-A with phosgene in the category, the affected source shall polycarbonate production process unit. presence of pyridine or other catalyst to comprise all emission points, in (A) All storage vessels that store form polycarbonate. Methylene chloride combination, listed in paragraphs liquids containing organic HAP. or other solvents are used in this (d)(1)(i)(A) through (D) of this section, (B) All process vents from continuous polymerization reaction. that are part of a polycarbonate and batch unit operations. (3) Requirements. Tables 5 and 6 of production process unit located at a (C) All wastewater streams. this section specify the applicability major source as defined in section (D) Equipment (as defined in criteria and standards for existing and 112(a) of the Act. For the purposes of § 63.1101 of this subpart) that contains new sources within the polycarbonate this rule, a polycarbonate production or contacts organic HAP. production source category. The owner process unit is a unit that produces (ii) Compliance schedule. The or operator must control organic HAP polycarbonate by interfacial compliance schedule, for affected emissions from each affected source polymerization from bisphenols and sources as defined in paragraph (d)(1)(i) emission point by meeting the phosgene. Phosgene production units of this section, is specified in applicable requirements specified in that are associated with polycarbonate § 63.1102(a). tables 5 and 6. Applicability assessment production process units are considered (2) Definitions. procedures and methods are specified in to be part of the polycarbonate Polycarbonate production means a §§ 63.1104 through 63.1107. An owner production process. A phosgene process engaged in the production of a or operator of an affected source is not production unit consists of the reactor special class of polyester formed from required to perform tests, TRE in which phosgene is formed and all any dihydroxy compound and any calculations or other applicability

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TABLE 5 TO § 63.1103(d)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION EXISTING AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

1. A storage vessel with: 75 cubic meters ≤ ca- 27.6 kilopascals ≤ maximum true vapor pres- Reduce emissions of total organic HAP by 95 pacity < 151 cubic meters. sure of total organic HAP < 76.6 kilopascals. weight-percent by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS (national emis- sion standards for closed vent systems, control devices, recovery devices, and rout- ing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or comply with the requirements of subpart WW (national emission standards for storage vessels (control level 2)) of this part. 2. A storage vessel with: 151 cubic meters ≤ The maximum true vapor pressure of total or- Reduce emissions of total organic HAP by 98 capacity. ganic HAP ≥ 5.2 kilopascals. weight-percent by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel require- ments) of this part 3. A storage vessel with: 75 cubic meters ≤ ca- The maximum true vapor pressure of total or- Reduce emissions of total organic HAP by 95 pacity < 151 cubic meters. ganic HAP ≥ 76.6 kilopascals. weight-percent by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel require- ments) of this part. 4. A process vent from continuous unit oper- The vent stream has a TRE b,c ≤ 2.7 ...... a. Reduce emissions of total organic HAP by ations or a combined vent stream a. 98 weight-percent; or reduce total organic HAP to a concentration of 20 parts per mil- lion by volume; whichever is less stringent, by venting emissions through a closed vent system to any combination of control de- vices meeting the requirements of subpart SS, as specified in § 63.982(a)(2) (process vent requirements) of this part and vent emissions through a closed vent system to a halogen reduction device meeting the re- quirements of subpart SS, § 63.994, of this part, that reduces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilograms per hour d, whichever is less stringent; or ...... b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilo- grams per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS, § 63.994 (halogen reduction device requirements) of this part and re- duce emissions of total organic HAP by 98 weight-percent; or reduce total organic HAP or TOC to a concentration of 20 parts per million by volume; whichever is less strin- gent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of sub- part SS, as specified in § 63.982(a)(2) (process vent requirements) of this part; or c. Achieve and maintain a TRE index value greater than 2.7.

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TABLE 5 TO § 63.1103(d)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION EXISTING AFFECTED SOURCE?ÐContinued

If you own or operate . . . And if . . . Then you must . . .

5. A process vent from continuous unit oper- 2.7 < TRE b,c ≤ 4.0 ...... Monitor and keep records of equipment oper- ations or a combined vent stream a. ating parameters specified to be monitored under subpart SS, §§ 63.990(c) (absorber, condenser, and carbon adsorber moni- toring) or 63.995(c) (other noncombustion systems used as a control device moni- toring) of this part. 6. Equipment as defined under § 63.1101 ...... The equipment contains or contacts ≥ 5 Comply with the requirements of subpart TT weight-percent total organic HAPd, and op- (national emission standards for equipment erates ≥ 300 hours per year. leaks (control level 1)) or subpart UU (na- tional emission standards for equipment leaks (control level 2)) of this part.

a Combined vent streams shall use the applicability determination procedures and methods for process vents from continuous unit operations (§ 63.1104). b The TRE equation coefficients for halogenated streams (table 1 of § 63.1104(j)(1)) shall be used to calculate the TRE index value. c The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routed to a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the vent stream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustion device, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be cal- culated separately in this case. d The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in § 63.1104(i). e The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

TABLE 6. TO § 63.1103(d)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION NEW AFFECTED SOURCE?

If you own or operate . .. And if . .. Then you must . ..

1. A storage vessel with: 38 cubic meters ≤ ca- 13.1 kilopascals ≤ maximum true vapor pres- a. Reduce emissions of total organic HAP by pacity < 151 cubic meters. sure of total organic HAP < 76.6 95 weight-percent by venting emissions kilopascalsa. through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS (national emis- sion standards for closed vent systems, control devices, recovery devices, and rout- ing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or b. Comply with the requirements of subpart WW (national emission standards for stor- age vessels (control level 2)) of this part. 2. A storage vessel with: 151 cubic meters The vapor pressure of total organic HAP is ≥ Reduce emissions of total organic HAP by 98 ≥capacity. 5.2 kilopascals. weight-percent by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel require- ments) of this part. 3. A storage vessel with: 38 cubic meters ≤ ca- The vapor pressure of total organic HAP is ≥ Reduce emissions of total organic HAP by 95 pacity < 151 cubic meters. 76.6 kilopascals. weight-percent by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel require- ments) of this part.

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TABLE 6. TO § 63.1103(d)ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION NEW AFFECTED SOURCE?ÐContinued

If you own or operate . .. And if . .. Then you must . ..

4. A process vent from continuous unit oper- The vent stream has a a TREb,c ≤ 9.6 ...... a. Reduce emissions of total organic HAP by ations or a combined vent stream a. 98 weight-percent; or reduce total organic HAP to a concentration of 20 parts per mil- lion by volume; whichever is less stringent, by venting emissions through a closed vent system to any combination of control de- vices meeting the requirements of subpart SS, as specified in § 63.982(a)(2) (process vent requirements) of this part and vent emissions through a closed vent system to a halogen reduction device meeting the re- quirements of subpart SS, § 63.994, of this part that reduces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilograms per hourd, whichever is less stringent; or b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilo- grams per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS, § 63.994 (halogen reduction device requirements) of this part and re- duce emissions of total organic HAP by 98 weight-percent; or reduce total organic HAP or TOC to a concentration of 20 parts per million by volume; whichever is less strin- gent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of sub- part SS, as specified in § 63.982(a)(2) (process vent requirements) of this part; or c. Achieve and maintain a TRE index value greater than 9.6 5. Equipment as defined under § 63.1101 ...... The equipment contains or contacts ≥ 5 Comply with the requirements of 40 CFR sub- weight-percent HAPe, and operates ≥ 300 part TT (national emission standards for hours per year. equipment leaks (control level 1)) or sub- part UU (national emission standards for equipment leaks (control level 2)) of this part. a Combined vent streams shall use the applicability determination procedures and methods for process vents from continuous unit operations (§ 63.1104). b The TRE equation coefficients for halogenated streams (table 1 of § 63.1104(j)(1)) shall be used to calculate the TRE index value. c The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routed to a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the vent stream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustion device, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be cal- culated separately in this case. d The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in § 63.1104(i). e The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

§ 63.1104 Process vents from continuous (b) Sampling sites. For purposes of prior to the inlet of any control device unit operations: applicability assessment determining process vent applicability that is present, and prior to release to procedures and methods. criteria, the sampling site shall be the atmosphere. (a) General. The provisions of this located as specified in (b)(1) through (4) (2) Sampling site location if TRE section provide calculation and of this section, as applicable. determination is not required. If the measurement methods for criteria that (1) Sampling site location if TRE applicability criteria specified in the are required by § 63.1103 to be used to determination is required. If the applicable table of § 63.1103 does not determine applicability of the control applicability criteria specified in the include a TRE index value, the sampling requirements for process vents from applicable table of § 63.1103 includes a site for determining volumetric flow continuous unit operations. The owner TRE index value, the sampling site for or operator of a process vent is not determining volumetric flow rate, rate, regulated organic HAP required to determine the criteria regulated organic HAP concentration, concentration, total organic HAP or TOC specified for a process vent that is being total organic HAP or TOC concentration, concentration, and any other specified controlled in accordance with the heating value, and TRE index value, parameter shall be at the exit from the applicable weight-percent or TOC shall be after the final recovery device unit operation before any control concentration requirement in § 63.1103. (if any recovery devices are present) but device.

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(3) Sampling site selection method. concentrations, used for TRE index (2) Method 25A. The procedures Method 1 or 1A of 40 CFR part 60, value calculations in paragraph (j) of specified in paragraphs (e)(2)(i) through appendix A, as appropriate, shall be this section, shall be determined based (vi) of this section shall be used to used for selection of the sampling site. on paragraph (e)(1), (e)(2) or (k) of this calculate parts per million by volume No traverse site selection method is section, or any other method or data that concentration using Method 25A of 40 needed for process vents smaller than have been validated according to the CFR part 60, appendix A. 0.10 meter (0.33 foot) in nominal inside protocol in method 301 of appendix A (i) Method 25A of 40 CFR part 60, diameter. of this part. For concentrations needed appendix A shall be used only if a (4) Sampling site when a halogen for comparison with the appropriate single organic HAP compound reduction device is used prior to a control applicability concentrations comprises greater than 50 percent of combustion device. An owner or specified in § 63.1103, TOC or organic total organic HAP or TOC, by volume, operator using a scrubber to reduce the HAP concentration shall be determined in the process vent. process vent halogen atom mass based on paragraph (e)(1), (e)(2), or (k) (ii) The process vent composition may emission rate to less than 0.45 kilograms of this section or any other method or be determined by either process per hour (0.99 pound per hour) prior to data that has been validated according knowledge, test data collected using an a combustion control device in to the protocol in method 301 of appropriate Environmental Protection compliance with § 63.1103 (as appendix A of this part. The owner or Agency method or a method or data appropriate) shall determine the operator shall record the TOC or organic validated according to the protocol in halogen atom mass emission rate prior HAP concentration as specified in Method 301 of appendix A of part 63. to the combustion device according to paragraph (l)(3) of this section. Examples of information that could the procedures in paragraph (i) of this (1) Method 18. The procedures constitute process knowledge include section. specified in paragraph (e)(1)(i) and (ii) calculations based on material balances, (c) Applicability assessment of this section shall be used to calculate process stoichiometry, or previous test requirement. The TOC or organic HAP parts per million by volume results provided the results are still concentrations, process vent volumetric concentration using method 18 of 40 relevant to the current process vent flow rates, process vent heating values, CFR part 60, appendix A: conditions. process vent TOC or organic HAP (i) The minimum sampling time for (iii) The organic compound used as emission rates, halogenated process vent each run shall be 1 hour in which either the calibration gas for Method 25A of 40 determinations, process vent TRE index an integrated sample or four grab CFR part 60, appendix A shall be the values, and engineering assessment samples shall be taken. If grab sampling single organic HAP compound present process vent control applicability is used, then the samples shall be taken at greater than 50 percent of the total assessment requirements are to be at approximately equal intervals in time, organic HAP or TOC by volume. determined during maximum such as 15-minute intervals during the (iv) The span value for Method 25A representative operating conditions for run. of 40 CFR part 60, appendix A shall be the process, except as provided in (ii) The concentration of either TOC equal to the appropriate control paragraph (d) of this section, or unless (minus methane and ethane) or applicability concentration value the Administrator specifies or approves regulated organic HAP emissions shall specified in the applicable table(s) alternate operating conditions. be calculated according to paragraph presented in § 63.1103 of this subpart. Operations during periods of startup, (e)(1)(ii)(A) or (B) of this section, as (v) Use of Method 25A of 40 CFR part shutdown, and malfunction shall not applicable. 60, appendix A is acceptable if the constitute representative conditions for (A) The TOC concentration (CTOC) is response from the high-level calibration the purpose of an applicability test. the sum of the concentrations of the (d) Exceptions. For a process vent individual components and shall be gas is at least 20 times the standard stream that consists of at least one computed for each run using Equation deviation of the response from the zero process vent from a batch unit operation 1: calibration gas when the instrument is manifolded with at least one process zeroed on the most sensitive scale. vent from a continuous unit operation, x  n  (vi) The owner or operator shall demonstrate that the concentration of the TRE shall be calculated during ∑∑C ji  periods when one or more batch =  =  TOC including methane and ethane = i 1 j 1 measured by Method 25A of 40 CFR emission episodes are occurring that CTOC [Eq . 1] result in the highest organic HAP x part 60, appendix A is below one-half emission rate (in the combined vent Where: the appropriate control applicability stream that is being routed to the CTOC = Concentration of TOC (minus concentration specified in the recovery device) that is achievable methane and ethane), dry basis, applicable table for a subject source during the 6-month period that begins 3 parts per million by volume. category in § 63.1103 in order to qualify months before and ends 3 months after Cji = Concentration of sample for a low organic HAP concentration the TRE calculation, without causing component j of the sample i, dry exclusion. any of the situations described in basis, parts per million by volume. (f) Volumetric flow rate. The process paragraphs (d)(1) through (3) to occur. n = Number of components in the vent volumetric flow rate (QS), in (1) Causing damage to equipment; sample. standard cubic meters per minute at (2) Necessitating that the owner or x = Number of samples in the sample 20 °C, shall be determined as specified operator make product that does not run. in paragraphs (f)(1) or (2) of this section meet an existing specification for sale to (B) The regulated organic HAP or total and shall be recorded as specified in a customer; or organic HAP concentration (CHAP) shall § 63.1109. (3) Necessitating that the owner or be computed according to Equation 1 in (1) Use Method 2, 2A, 2C, or 2D of 40 operator make produce in excess of paragraph (e)(1)(ii)(A) of this section CFR part 60, appendix A, as demand. except that only the regulated or total appropriate. If the process vent tested (e) TOC or Organic HAP organic HAP species shall be summed, passes through a final steam jet ejector concentration. The TOC or organic HAP as appropriate. and is not condensed, the stream

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The net heating index value equation specified in (ii) Applicable engineering value shall be determined as specified paragraph (j) of this section, shall be assessment as discussed in paragraph in paragraphs (g)(1) and (2) of this calculated using Equation 3: (k) of this section, or section, or by using the engineering (iii) Concentration of organic assessment procedures in paragraph (k)  n  = compounds containing halogens or of this section. E K2 ∑ Cj M j  Qs [ Eq . 3] hydrogen halides as measured by (1) The net heating value of the  j=1  Method 26 or 26A of 40 CFR part 60, process vent shall be calculated using Where: appendix A, or Equation 2: E = Emission rate of TOC (minus (iv) Any other method or data that methane and ethane) (ETOC) or have been validated according to the  n  applicable procedures in method 301 of = emission rate of the regulated HT K1∑ D j H j  [ Eq . 2] organic HAP or total organic HAP appendix A of this part.  j=1  (EHAP) in the sample, kilograms per (2) Equation 4 shall be used to Where: hour. calculate the mass emission rate of ¥6 K2 = Constant, 2.494 × 10 (parts per halogen atoms: HT = Net heating value of the sample, million)¥1 (gram-mole per standard megaJoule per standard cubic cubic meter) (kilogram/gram)  n m  meter, where the net enthalpy per (minutes/hour), where standard E= K Q∑∑ C ∗ L ∗ M [ Eq . 4] mole of process vent is based on 2 j j,, i j i temperature for (gram-mole per  = =  combustion at 25° C and 760 j 1 i 1 standard cubic meter) is 20° C. millimeters of mercury, but the n = Number of components in the Where: standard temperature for sample. E = Mass of halogen atoms, dry basis, determining the volume Cj = Concentration on a dry basis of kilogram per hour, ° corresponding to 1 mole is 20 C, as ¥6 organic compound j in parts per K2 = Constant, 2.494 × 10 (parts per in the definition of Qs (process vent million as measured by method 18 million)¥1 (kilogram-mole per volumetric flow rate). of 40 CFR part 60, appendix A as standard cubic meter) (minute per × ¥7 K1 = Constant, 1.740 10 (parts per indicated in paragraph (e) of this hour), where standard temperature ¥1 million) (gram-mole per standard section. If the TOC emission rate is is 20° C. cubic meter) (megaJoule per being calculated, Cj includes all Q = Flow rate of gas stream, dry kilocalorie), where standard organic compounds measured standard cubic meters per minute, temperature for (gram-mole per minus methane and ethane; if the ° determined according to paragraph standard cubic meter) is 20 C. total organic HAP emission rate is (f)(1) or (f)(2) of this section. Dj = Concentration on a wet basis of being calculated, only organic HAP n = Number of halogenated compounds compound j in parts per million, as compounds are included; if the j in the gas stream. measured by procedures indicated in regulated organic HAP emission j = Halogenated compound j in the gas paragraph (e)(2) of this section. For rate is being calculated, only stream. process vents that pass through a final regulated organic HAP compounds stream jet and are not condensed, the m = Number of different halogens i in are included. each compound j of the gas stream. moisture is assumed to be 2.3 percent by Mj = Molecular weight of organic i = Halogen atom i in compound j of the volume. compound j, gram/gram-mole. gas stream. Hj = Net heat of combustion of Qs = Process vent flow rate, dry standard compound j, kilocalorie per gram-mole, cubic meter per minute, at a Cj = Concentration of halogenated based on combustion at 25° C and 760 temperature of 20° C. compound j in the gas stream, dry basis, parts per million by volume. millimeters mercury. (i) Halogenated process vent (2) The molar composition of the determination. In order to determine Lji = Number of atoms of halogen i in compound j of the gas stream. process vent (D j) shall be determined whether a process vent is halogenated, using the methods specified in the mass emission rate of halogen atoms Mji = Molecular weight of halogen atom paragraphs (g)(2)(i) through (iii) of this contained in organic compounds shall i in compound j of the gas stream, section: be calculated according to the kilogram per kilogram-mole. (i) Method 18 of 40 CFR part 60, procedures specified in paragraphs (i)(1) (j) TRE index value. The owner or appendix A to measure the and (2) of this section. A process vent operator shall calculate the TRE index concentration of each organic is considered halogenated if the mass value of the process vent using the compound. emission rate of halogen atoms equations and procedures in this (ii) American Society for Testing and contained in the organic compounds is paragraph, as applicable, and shall Materials D1946–90 to measure the equal to or greater than 0.45 kilograms maintain records specified in paragraph concentration of carbon monoxide and per hour. (l)(1) or (m)(2) of this section, as hydrogen. (1) The process vent concentration of applicable. (iii) Method 4 of 40 CFR part 60, each organic compound containing (1) TRE index value equation. The appendix A to measure the moisture halogen atoms (parts per million by equation for calculating the TRE index content of the stack gas. volume, by compound) shall be value is Equation 5:

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= ∗ + TRE1/ EHAP [ A B (Qs) + C (H T ) + D (E TOC )] [ Eq . 5]

Where: Qs = process vent flow rate, standard calculated according to paragraph (g) or TRE = TRE index value. cubic meters per minute, at a (k) of this section. A, B, C, D = Coefficients presented in ° standard temperature of 20 C, as ETOC = Emission rate of TOC (minus table 8 of this subpart. calculated according to paragraph methane and ethane), kilograms per EHAP = Emission rate of total organic (f) or (k) of this section. hour, as calculated according to HAP, kilograms per hour, as calculated according to paragraph HT = process vent net heating value, paragraph (h) or (k) of this section. (h) or (k) of this section. megaJoules per standard cubic meter, as

TABLE 1 OF § 63.1104(j)(1).ÐCOEFFICIENTS FOR TOTAL RESOURCE EFFECTIVENESS a

Existing or Halogenated Control de- Values of coefficients new? vent stream? vice basis ABCD

Existing ...... Yes ...... Thermal In- 3.995 5.200×10¥2 ¥1.769×10¥3 9.700×10¥4 cinerator and Scrub- ber. No ...... Flare ...... 1.935 3.660×10¥1 ¥7.687×10¥3 ¥7.33×10¥4 Thermal In- 1.492 6.267×10¥2 3.177×10¥2 ¥1.159×10¥3 cinerator 0 Percent Recovery Thermal In- 2.519 1.183×10¥2 1.300×10¥2 4.790×10¥2 cinerator 70 Percent Recovery New ...... Yes ...... Thermal In- 1.0895 1.417×10¥2 ¥4.82×10¥3 2.645×10¥3 cinerator and Scrub- ber. No ...... Flare ...... 5.276×10¥1 9.98×10±2¥2 ¥2.096×10¥3 ¥2.000×10¥4 Thermal In- 4.068×10¥1 1.71×10¥2 8.664×10¥3 ¥3.16×10¥4 cinerator 0 Percent Recovery Thermal In- 6.868×10¥1 3.21×10¥3 3.546×10¥3 1.306×10¥2 cinerator 70 Percent Recovery a Use according to procedures outlined in this section. MJ/scm = Mega Joules per standard cubic meter scm/min = Standard cubic meters per minute

(2) Nonhalogenated process vents. process vent flow rate, net heating paragraph (j) of this section is greater The owner or operator of a value, TOC emission rate, and total than 4.0, then the owner or operator is nonhalogenated process vent shall organic HAP emission rate for the not required to perform the calculate the TRE index value by using representative operating condition measurements specified in paragraphs the equation and appropriate expected to yield the lowest TRE index (e) through (i) of this section. nonhalogenated process vent parameters value. Engineering assessments shall (2) If the TRE index value calculated in table 1 of this section for process meet the requirements of paragraphs using such engineering assessment and vents at existing and new sources. The (k)(1) through (4) of this section. If lowest TRE index value is to be process vent flow rate or process vent the TRE index value equation in selected. organic HAP or TOC concentration is paragraph (j) of this section is less than (3) Halogenated process vents. The being determined for comparison with or equal to 4.0, then the owner or owner or operator of a halogenated the 0.011 standard cubic meters per operator is required either to perform process vent stream, as determined minute (scmm) flow rate or the the measurements specified in according to procedures specified in applicable concentration value paragraphs (e) through (i) of this section paragraph (i) or (k) of this section, shall presented in the tables in § 63.1103, for control applicability assessment or calculate the TRE index value using the engineering assessment may be used to comply with the requirements (or appropriate halogenated process vent determine the flow rate or concentration standards) specified in the tables parameters in table 1 of this section for for the representative operating presented in § 63.1103 (as applicable). existing and new sources. condition expected to yield the highest (3) Engineering assessment includes, (k) Engineering assessment. For flow rate or concentration. but is not limited to, the examples purposes of TRE index value (1) If the TRE index value calculated specified in paragraphs (k)(3)(i) through determinations, engineering using such engineering assessment and (iv) of this section: assessments may be used to determine the TRE index value equation in

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(i) Previous test results, provided the through engineering assessment as performance test has become necessary tests are representative of current specified in paragraph (k) of this due to a process change. This operating practices at the process unit. section. As specified in paragraph (m) of specification shall be made in the (ii) Bench-scale or pilot-scale test data this section, the owner or operator shall performance test notification to the representative of the process under include this information in the Administrator, as specified in representative operating conditions. Notification of Compliance Status report § 63.999(a)(1). (iii) Maximum flow rate, TOC required by § 63.1110(a)(4). (iii) If a process change does not result emission rate, organic HAP emission (3) Concentration records. The owner in additional applicable requirements, rate, organic HAP or TOC concentration, or operator shall record the regulated then the owner or operator shall include or net heating value limit specified or organic HAP or TOC concentration (if a statement documenting this in the implied within a permit limit applicable applicable) as measured using the next Periodic Report required by to the process vent. sampling site and regulated organic § 63.1110(a)(5) after the process change (iv) Design analysis based on accepted HAP or TOC concentration was made. chemical engineering principles, determination procedures specified in (n) Parameter monitoring of certain measurable process parameters, or paragraphs (e)(1) and (2) of this section, process vents. An owner or operator physical or chemical laws or properties. or determined through engineering who maintains a TRE index value (if Examples of analytical methods include, assessment as specified in paragraph (k) applicable) in the applicable TRE index but are not limited to those specified in of this section. As specified in value monitoring range as specified in paragraphs (k)(3)(iv)(A) through paragraph (m) of this section, the owner an applicable table presented in (k)(3)(iv)(D) of this section: or operator shall include this § 63.1103 of this subpart without using (A) Use of material balances based on information in the Notification of a recovery device shall report a process stoichiometry to estimate Compliance Status report required by description of the parameter(s) to be maximum TOC or organic HAP § 63.1110(a)(4). monitored to ensure the process vent is concentrations, (4) Process change records. The owner operated in conformance with its design (B) Estimation of maximum flow rate or operator shall keep up-to-date, or process and achieves and maintains based on physical equipment design readily accessible records of any process the TRE index value above the specified such as pump or blower capacities, changes that change the control level, and an explanation of the criteria (C) Estimation of TOC or organic HAP applicability for a process vent. Records used to select parameter(s). An owner or concentrations based on saturation are to include any recalculation or operator who maintains a TRE index conditions, and measurement of the flow rate, regulated value (if applicable) in the applicable (D) Estimation of maximum expected organic HAP or TOC concentration, and TRE index monitoring range as specified net heating value based on the stream TRE index value. in an applicable table presented in concentration of each organic (m) Applicability assessment § 63.1103 of this subpart by using a compound or, alternatively, as if all reporting requirements. (1) Notification recovery device shall comply with the TOC in the stream were the compound of Compliance Status. The owner or requirements of § 63.993(c). with the highest heating value. operator shall submit, as part of the § 63.1105 [Reserved] (4) All data, assumptions, and Notification of Compliance Status report procedures used in the engineering required by § 63.1110(a)(4), the § 63.1106 [Reserved] assessment shall be documented. The information recorded in paragraph (l)(1) owner or operator shall maintain the through (3) of this section. § 63.1107 Equipment leaks: applicability records specified in paragraphs (l)(1) (2) Process change. (i) Whenever a assessment procedures and methods. through (4) of this section, as applicable. process vent becomes subject to control (a) Each piece of equipment within a (l) Applicability assessment requirements under subpart SS of this process unit that can reasonably be recordkeeping requirements. (1) TRE part as a result of a process change, the expected to contain equipment in index value records. The owner or owner or operator shall submit a report organic HAP service is presumed to be operator shall maintain records of within 60 days after the performance in organic HAP service unless an owner measurements, engineering assessments, test or applicability assessment, or operator demonstrates that the piece and calculations performed to whichever is sooner. The report may be of equipment is not in organic HAP determine the TRE index value of the submitted as part of the next Periodic service. For a piece of equipment to be process vent according to the Report required by § 63.1110(a)(5). The considered not in organic HAP service, procedures of paragraph (j) of this report shall include the information it must be determined that the percent section, including those records specified in paragraphs (m)(2)(i)(A) organic HAP content can be reasonably associated with halogen vent stream through (C) of this section. expected not to exceed the percent by determination. Documentation of (A) A description of the process weight control applicability criteria engineering assessments shall include change; specified in § 63.1103 for an affected all data, assumptions, and procedures (B) The results of the recalculation of source on an annual average basis. For used for the engineering assessments, as the TOC or organic HAP concentration, purposes of determining the percent specified in paragraph (k) of this flow rate, and/or TRE index value organic HAP content of the process fluid section. As specified in paragraph (m) of required under paragraphs (e), (f), and that is contained in or contacts this section, the owner or operator shall (j), and recorded under paragraph (l); equipment, Method 18 of 40 CFR part include this information in the and 60, appendix A shall be used. Notification of Compliance Status report (C) A statement that the owner or (b) An owner or operator may use required by § 63.1110(a)(4) . operator will comply with the good engineering judgment rather than (2) Flow rate records. The owner or requirements specified in § 63.1103 by the procedures in paragraph (a) of this operator shall record the flow rate as the schedules specified in that section section to determine that the percent measured using the sampling site and for the affected source. organic HAP content does not exceed flow rate determination procedures (if (ii) If a performance test is required as the percent by weight control applicable) specified in paragraphs (b) a result of a process change, the owner applicability criteria specified in and (f) of this section or determined or operator shall specify that the § 63.1103 for an affected source. When

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34941 an owner or operator and the (4) [Reserved] (i) During periods of startup, Administrator do not agree on whether (5) During startups, shutdowns, and shutdown, or malfunction (and the a piece of equipment is not in organic malfunctions when the emission source is operated during such periods HAP service, however, the procedures standards of this subpart and the in accordance with the source’s startup, in paragraph (a) of this section shall be subparts referenced by this subpart do shutdown, and malfunction plan as used to resolve the disagreement. not apply pursuant to paragraphs (a)(1) required by § 63.1111), or (c) If an owner or operator determines through (4) of this section, the owner or (ii) During periods of non-operation of that a piece of equipment is in organic operator shall implement, to the extent the affected source or portion thereof HAP service, the determination can be reasonably available, measures to (resulting in cessation of the emissions revised after following the procedures in prevent or minimize excess emissions. to which the monitoring applies). paragraph (a) of this section, or by The measures to be taken shall be (3) Operation and maintenance documenting that a change in the identified in the startup, shutdown, and procedures. Determination of whether process or raw materials no longer malfunction plan (if applicable), and acceptable operation and maintenance causes the equipment to be in organic may include, but are not limited to, air procedures are being used will be based HAP service. pollution control technologies, recovery on information available to the (d) Samples used in determining the technologies, work practices, pollution Administrator. This information may percent organic HAP content shall be prevention, monitoring, and/or changes include, but is not limited to, representative of the process fluid that in the manner of operation of the monitoring results, review of operation is contained in or contacts the affected source. Back-up control devices and maintenance procedures (including equipment. are not required, but may be used if the startup, shutdown, and malfunction available. Compliance with an plan under § 63.1111), review of § 63.1108 Compliance with standards and inadequate startup, shutdown, and operation and maintenance records, and operation and maintenance requirements. malfunction plan developed pursuant to inspection of the affected source, and (a) Requirements. (1) Except as § 63.1111 is not a shield for failing to alternatives approved as specified in provided in paragraph (a)(2) of this comply with good operation and § 63.1113. section, the emission limitations and maintenance requirements. (4) Applicability and compliance established parameter ranges of this part (6) Malfunctions shall be corrected as assessment procedures. Applicability shall apply at all times except during soon as practical after their occurrence and compliance with standards shall be periods of startup, shutdown, and/or in accordance with the source’s governed by, in part, but not limited to, malfunction, or non-operation of the startup, shutdown, and malfunction the use of data, tests, and requirements affected source (or specific portion plan developed as specified under according to paragraphs (b)(4)(i) through thereof) resulting in cessation of the § 63.1111. (iii) of this section. Compliance with emissions to which this subpart applies. (7) Operation and maintenance design, equipment, work practice, and During periods of startup, shutdown, or requirements established pursuant to operating standards, including those for malfunction, the owner or operator shall section 112 of the Act are enforceable, equipment leaks, shall be determined follow the applicable provisions of the independent of emissions limitations or according to paragraph (b)(5) of this startup, shutdown, malfunction plan other requirements in relevant section. required by § 63.1111. However, if a standards. (i) Applicability assessments. Unless startup, shutdown, malfunction or (b) Compliance assessment otherwise specified in a relevant test period of non-operation of one portion procedures. (1) Parameter monitoring: method required to assess control of an affected source does not affect the compliance with operating conditions. applicability, each test shall consist of ability of a particular emission point to Compliance with the required operating three separate runs using the applicable comply with the specific provisions to conditions for the monitored control test method. Each run shall be which it is subject, then that emission devices or recovery devices may be conducted for the time and under the point shall still be required to comply determined by, but is not limited to, the conditions specified in this subpart. The with the applicable provisions of this parameter monitoring data for emission arithmetic mean of the results of the subpart and any of the subparts that are points that are required to perform three runs shall apply when assessing referenced by this subpart during continuous monitoring. For each applicability. Upon receiving approval startup, shutdown, malfunction, or excursion except for excused excursions from the Administrator, results of a test period of non-operation. (as described in § 63.998(b)(6)), and as run may be replaced with results of an (2) If equipment leak requirements are provided for in paragraph (b)(2) of this additional test run if it meets the criteria referenced by this subpart for a subject section the owner or operator shall be specified in paragraphs (a)(4)(i)(A) source category, such requirements shall deemed to have failed to have applied through (D) of this section. apply at all times except during periods the control in a manner that achieves (A) A sample is accidentally lost after of startup, shutdown, or malfunction, the required operating conditions. the testing team the site; or process unit shutdown (as defined in (2) Parameter monitoring: excursions. (B) Conditions occur in which one of § 63.1101), or non-operation of the An excursion is not a violation in cases the three runs must be discontinued affected source (or specific portion where continuous monitoring is because of forced shutdown; or thereof) in which the lines are drained required and the excursion does not (C) Extreme meteorological conditions and depressurized resulting in cessation count toward the number of excused occur; of the emissions to which the excursions (as described in (D) Other circumstances occur that are equipment leak requirements apply. § 63.998(b)(6)), if the conditions of beyond the owner or operator’s control. (3) For batch unit operations, paragraphs (b)(2)(i) or (ii) of this section (ii) Performance test. The shutdown does not include the normal are met. Nothing in this paragraph shall Administrator may determine periods between batch cycles; and be construed to allow or excuse a compliance with emission limitations of startup does not include the recharging monitoring parameter excursion caused this subpart based on, but not limited to, of batch unit operations, or the by any activity that violates other the results of performance tests transitional conditions due to changes applicable provisions of this subpart or conducted according to the procedures in product. a subpart referenced by this subpart. specified in § 63.997 of this part, unless

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The Administrator may to the schedule specified in paragraph Owners or operators shall maintain determine compliance with the (d)(2) (i) or (ii) of this section, as records containing information operation and maintenance standards of appropriate. developed and used to assess control this subpart by, but not limited to, (i) Compliance shall be required applicability under § 63.1103 (e.g., evaluation of an owner or operator’s before the end of the standard calendar combined total annual emissions of conformance with operation and period within which the compliance regulated organic HAP). maintenance requirements, including deadline occurs, if there remain at least § 63.1110 Reporting requirements. the evaluation of monitoring data, as 3 days for tasks that must be performed specified in this subpart or a subpart weekly, at least 2 weeks for tasks that (a) Required reports. Each owner or referenced by this subpart. must be performed monthly, at least 1 operator of an affected source subject to (5) Design, equipment, work practice, month for tasks that must be performed this subpart shall submit the reports or operational standards. The each quarter, or at least 3 months for listed in paragraphs (a)(1) through (8) of Administrator may determine tasks that must be performed annually; this section, as applicable. compliance with design, equipment, or (1) A Notification of Initial Startup described in paragraph (b) of this work practice, or operational (ii) In all other cases, compliance requirements by, but is not limited to, section, as applicable. shall be required before the end of the review of records, inspection of the (2) An Initial Notification described in first full standard calendar period after affected source, and by evaluation of an paragraph (c) of this section. the period within which the initial owner or operator’s conformance with (3) [Reserved] compliance deadline occurs. operation and maintenance (4) A Notification of Compliance requirements as specified in this (3) In all instances where a provision Status report described in paragraph (d) subpart, and in the subparts referenced requires completion of a task during of this section. by this subpart. each of multiple successive periods, an (5) Periodic Reports described in (c) Finding of compliance. The owner or operator may perform the paragraph (e) of this section. Administrator may make a finding required task at any time during the (6) Application for approval of concerning an affected source’s specified period, provided the task is construction or reconstruction described compliance with an emission standard conducted at a reasonable interval after in § 63.5(d) of subpart A of this part. or operating and maintenance completion of the task during the (7) Startup, Shutdown, and requirement as specified in, but not previous period. Malfunction Reports described in limited to, paragraphs (a) and (b) of this § 63.1109 Recordkeeping requirements. § 63.1111 of this subpart. section, upon obtaining all of the (8) Other reports. Other reports shall compliance information required by the (a) Maintaining notifications, records, be submitted as specified elsewhere in relevant standard (including the written and reports. Except as provided in this subpart and subparts referenced by reports of performance test results, paragraph (b) of this section, the owner this subpart. monitoring results, and other or operator of each affected source (b) Notification of initial startup. (1) information, if applicable) and any subject to this subpart shall keep copies Contents. An owner or operator of an information available to the of notifications, reports and records affected source for which a notice of Administrator to determine whether required by this subpart and subparts initial startup has not been submitted proper operation and maintenance referenced by this subpart for at least 5 under § 63.5, shall send the practices are being used. Standards in years, unless otherwise specified under Administrator written notification of the this subpart and methods of this subpart. actual date of initial startup of an determining compliance are in metric (b) Copies of reports. If the affected source. This paragraph does not units followed by the equivalents in Administrator has waived the apply to an affected source in existence English units. The Administrator will requirement of § 63.1110(g)(1) for on the effective date of this rule. make findings of compliance with the submittal of copies of reports, the owner (2) Due date. The notification of the numerical standards of this subpart or operator is not required to maintain actual date of initial startup shall be using metric units. copies of the waived reports. This postmarked within 15 days after such (d) Compliance time. All terms that paragraph applies only to reports and date. define a period of time for completion not the underlying records that must be (c) Initial Notification. Owners or of required tasks (e.g., weekly, monthly, maintained as specified in this subpart operators of affected sources who are quarterly, annually), unless specified and the subparts referenced by this subject to this subpart shall notify the otherwise in the section or subsection subpart. Administrator of the applicability of this that imposes the requirement, refer to (c) Availability of records. All records subpart by submitting an Initial the standard calendar periods. required to be maintained by this Notification according to the schedule (1) Notwithstanding time periods subpart or a subpart referenced by this described in paragraph (c)(1) of this specified for completion of required subpart shall be maintained in such a section. The notice shall include the tasks, time periods may be changed by manner that they can be accessed within information specified in paragraphs mutual agreement between the owner or 2 hours and are suitable for inspection. (c)(2) through (7) of this section, as operator and the Administrator, as The most recent 2 years of records shall applicable. An application for approval specified in § 63.1110(h). For each time be retained onsite or shall be accessible of construction or reconstruction period that is changed by agreement, the to an inspector while onsite. The required under § 63.5(d) of subpart A of revised period shall remain in effect records of the remaining 3 years, where this part may be used to fulfill the initial until it is changed. A new request is not required, may be retained offsite. notification requirements. necessary for each recurring period. Records may be maintained in hard (1) The initial notification shall be (2) When the period specified for copy or computer-readable form postmarked within 1 year after the compliance is a standard calendar including, but not limited to, on paper, source becomes subject to this subpart.

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(2) Identification of the storage vessels submitted as specified in paragraph requirement to submit a copy of any subject to this subpart. (e)(2)(i) or (ii), as applicable. reports or notifications at its discretion. (3) Identification of the process vents (i) The first report shall be submitted (2) Submission of copies. If any State subject to this subpart. no later than the last day of the month requires a notice that contains all the (4) Identification of the transfer racks that includes the date 8 months (6 information required in a report or subject to this subpart. months and 60 days) after the date the notification listed in this subpart, an (5) For equipment leaks, identification source became subject to this subpart. owner or operator may send the of the process units subject to this (ii) For affected sources electing to appropriate EPA Regional Office a copy subpart. comply with this subpart at initial of the report or notification sent to the (6) Identification of other equipment startup, the first report shall cover the State to satisfy the requirements of this or emission points subject to this 6 months after the Notification of subpart for that report or notification. subpart. Compliance Status report is submitted. (3) Method of submission. Wherever (7) As an alternative to the The first report shall be submitted no this subpart specifies ‘‘postmark’’ dates, requirements specified in paragraphs later than the last day of the month that submittals may be sent by methods (c)(1) through (3) and (c)(5) of this includes the date 6 months after the other than the U.S. Mail (e.g., by fax or section, process units can be identified Notification of Compliance Status report courier). Submittals shall be sent on or instead of individual pieces of is submitted. before the specified date. (4) Submission by electronic media. If equipment. For this alternative, the kind (3) Overlap with title V reports. acceptable to both the Administrator of emission point in the process unit Information required by this subpart, and the owner or operator of an affected that will comply must also be identified. which is submitted with a title V (d) Notification of Compliance Status. source, reports may be submitted on periodic report, need not also be (1) Contents. The owner or operator electronic media. included in a subsequent Periodic shall submit a Notification of (h) Adjustment to timing of submittals Report required by this subpart or Compliance Status for each affected and review of required communications. subpart referenced by this subpart. The source subject to this subpart containing (1) Alignment with title V submission. title V report shall be referenced in the the information specified in paragraphs An owner or operator may submit Periodic Report required by this (d)(1)(i) and (d)(1)(ii) of this section. Periodic Reports required by this (i) The Notification of Compliance subpart. subpart on the same schedule as the title Status shall include the information (f) General report content. All reports V periodic report for the facility. The specified in this subpart and the and notifications submitted pursuant to owner or operator using this option subparts referenced by this subpart. this subpart, including reports that need not obtain prior approval, but must Alternatively, this information can be combine information required under ensure that no reporting gaps occur. The submitted as part of a title V permit this subpart and a subpart referenced by owner or operator shall clearly identify application or amendment. this subpart, shall include the the change in reporting schedule in the (ii) The Notification of Compliance information specified in paragraphs first report filed under this paragraph. Status shall include a statement from (f)(1) through (4) of this section. The requirements of paragraph (f) of this the owner or operator identifying which (1) The name, address and telephone section are not waived when subpart he or she has elected to comply number (fax number may also be implementing this change. with, where given a choice, as provided provided) of the owner or operator. (2) Establishment of a common for in § 63.1100(g). (2) The name, address and telephone schedule. An owner or operator may (2) Due date. The owner or operator number of the person to whom inquiries arrange by mutual agreement (which shall submit the Notification of should be addressed, if different than may be a standing agreement) with the Compliance Status for each affected the owner or operator. Administrator a common schedule on source 240 days after the compliance (3) The address (physical location) of which periodic reports required by this date specified for the affected source the reporting facility. subpart shall be submitted throughout under this subpart, or 60 days after (4) Identification of each affected the year as long as the reporting period completion of the initial performance source covered in the submission and is not extended. Procedures governing test or initial compliance assessment, identification of the subparts (this the implementation of this provision are whichever is earlier. Notification of subpart and the subparts referenced in specified in paragraphs (h)(3) through Compliance Status reports may be this subpart) that are applicable to that (7) of this section. combined for multiple affected sources affected source. Summaries and (3) Submission requirements. Except as long as the due date requirements for groupings of this information are as allowed by paragraph (h)(1) of this all sources covered in the combined permitted. section, until an adjustment of a time report are met. (g) Report and notification period or postmark deadline has been (e) Periodic Reports. The owner or submission. (1) Submission to the approved by the Administrator under operator of an affected source subject to Environmental Protection Agency. All paragraphs (h)(5) and (6) of this section, monitoring requirements of this subpart, reports and notifications required under the owner or operator of an affected or to other requirements of this subpart this subpart shall be sent to the source remains strictly subject to the or subparts referenced by this subpart, appropriate EPA Regional Office and to required submittal deadlines specified where periodic reporting is specified, the delegated State authority, except in this subpart and subparts referenced shall submit a Periodic Report. that request for permission to use an by this subpart. (1) Contents. Periodic Reports shall alternative means of emission limitation (4) Request for adjustment of include all information specified in this as provided for in § 63.1113 shall be reporting schedule. Except as allowed subpart and subparts referenced by this submitted to the Director of the EPA by paragraph (h)(1) of this section, an subpart. Office of Air Quality Planning and owner or operator shall request the (2) Due date. The Periodic Report Standards, U.S. Environmental adjustment provided for in paragraphs shall be submitted semiannually no Protection Agency, MD–10, Research (h)(5) and (6) of this section each time later than 60 days after the end of each Triangle Park, North Carolina, 27711. he or she wishes to change an 6-month period. The first report shall be The EPA Regional Office may waive the applicable time period or postmark

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This requirement is optional for shutdown, and malfunction event in a once for every semiannual report equipment that must comply with manner consistent with good air submitted. subparts TT or UU under this subpart. pollution control practices for (5) Alteration of time periods or It is not optional for equipment minimizing emissions to the extent deadlines. Notwithstanding time equipped with a closed vent system and practical; or periods or postmark deadlines specified control device subject to this subpart (iii) Does not provide adequate in this subpart for the submittal of and subpart SS of this part. The purpose procedures for correcting information to the Administrator by an of the startup, shutdown, and malfunctioning process and air owner or operator, or the review of such malfunction plan is described in pollution control equipment as quickly information by the Administrator, such paragraphs (a)(1)(i) and (ii) of this as practicable; or time periods or deadlines may be section. (iv) Does not provide adequate changed by mutual agreement between (i) To ensure that owners or operators measures to prevent or minimize excess the owner or operator and the are prepared to correct malfunctions as emissions to the extent practical as Administrator. An owner or operator soon as practical after their occurrence, specified in § 63.1108(a)(5). who wishes to request a change in a in order to minimize excess emissions (5) Additional malfunction plan time period or postmark deadline for a of regulated organic HAP; and requirements. If the startup, shutdown, particular requirement shall request the (ii) To reduce the reporting burden and malfunction plan fails to address or adjustment in writing as soon as associated with periods of startup, inadequately addresses an event that practical before the subject activity is shutdown, and malfunction (including meets the characteristics of a required to take place. The owner or corrective action taken to restore malfunction but was not included in the operator shall include in the request malfunctioning process and air startup, shutdown, and malfunction whatever information he or she pollution control equipment to its plan at the time the owner or operator considers useful to convince the normal or usual manner of operation). developed the plan, the owner or Administrator that an adjustment is (2) Operation of source. During operator shall revise the startup, warranted. periods of startup, shutdown, and shutdown, and malfunction plan within (6) Approval of request for malfunction, the owner or operator of an 45 days after the event to include adjustment. If, in the Administrator’s affected source subject to this subpart detailed procedures for operating and judgment, an owner or operator’s shall operate and maintain such affected maintaining the affected source during request for an adjustment to a particular source (including associated air similar malfunction events and a time period or postmark deadline is pollution control equipment and CPMS) program of corrective action for similar warranted, the Administrator will in accordance with the procedures malfunctions of process or air pollution approve the adjustment. The specified in the startup, shutdown, and control equipment or CPMS. Administrator will notify the owner or malfunction plan developed under (b) Startup, shutdown, and operator in writing of approval or paragraph (a)(1) of this section. malfunction reporting requirements. (1) disapproval of the request for an (3) Use of additional procedures. To Periodic startup, shutdown, and adjustment within 15 calendar days of satisfy the requirements of this section malfunction reporting requirements. If receiving sufficient information to to develop a startup, shutdown, and actions taken by an owner or operator evaluate the request. malfunction plan, the owner or operator during a startup, shutdown, and (7) Notification of delay. If the of an affected source may use the malfunction of an affected source, or of Administrator is unable to meet a affected source’s standard operating a control device or monitoring system specified deadline, he or she will notify procedures (SOP) manual, or an required for compliance (including the owner or operator of any significant Occupational Safety and Health actions taken to correct a malfunction) delay and inform the owner or operator Administration (OSHA) or other plan, are consistent with the procedures of the amended schedule. provided the alternative plans meet all specified in the affected source’s plan, the requirements of this section and are then the owner or operator shall state § 63.1111 Startup, shutdown, and made available for inspection when such information in a startup, malfunction. requested by the Administrator. shutdown, and malfunction report. (a) Startup, shutdown, and (4) Revisions to the plan. Based on the During the reporting period, reports malfunction plan. (1) Description and results of a determination made under shall only be required for startups, purpose of plan. The owner or operator § 63.1108(b)(3), the Administrator may shutdowns, and malfunctions during of an affected source shall develop and require that an owner or operator of an which excess emissions, as defined in implement a written startup, shutdown, affected source make changes to the § 63.1108(a)(5), occur during the and malfunction plan that describes, in startup, shutdown, and malfunction reporting period. A startup, shutdown, detail, procedures for operating and plan for that source. The Administrator and malfunction report can be maintaining the affected source during may require reasonable revisions to a submitted as part of a Periodic Report periods of startup, shutdown, and startup, shutdown, and malfunction required under § 63.1110(a)(5), or on a malfunction. This plan shall also plan if the Administrator finds that the more frequent basis if specified include a program of corrective action plan is inadequate as specified in otherwise under this subpart or a for malfunctioning process and air paragraphs (a)(4)(i) through (iv) of this subpart referenced by this subpart or as pollution control equipment used to section: established otherwise by the permitting comply with relevant standards under (i) Does not address a startup, authority in the affected source’s title V this subpart. The plan shall also address shutdown, and malfunction event of the permit. The startup, shutdown, and routine or otherwise predictable CPMS CPMS, the air pollution control malfunction report shall be delivered or malfunctions. This plan shall be equipment, or the affected source that postmarked by the 30th day following developed by the owner or operator by has occurred; or the end of each calendar half (or other

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00092 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34945 calendar reporting period, as monitoring exceedances are believed to compliance under paragraph (a)(2)(i) of appropriate), unless the information is have occurred. Notwithstanding the this section will be handled through submitted with the Periodic Report. The requirements of the previous sentence, procedures specified in subpart D of this report shall include the information after the effective date of an approved part). specified in paragraphs (b)(1)(i) through permit program in the State in which an (4) Requests for extensions of (b)(1)(iv) of this section. affected source is located, the owner or compliance for section 112 standards. (i) The name, title, and signature of operator may make alternative reporting (i) Section 112(d) standards. (A) The the owner or operator or other arrangements, in advance, with the owner or operator of an existing source responsible official certifying its permitting authority in that State. who is unable to comply with a relevant accuracy. Procedures governing the arrangement standard established under this part (ii) The number of startup, shutdown, of alternative reporting requirements pursuant to section 112(d) of the Act and malfunction events and the total under this paragraph are specified in may request that the Administrator duration of all periods of startup, § 63.1110(h). grant an extension allowing the source shutdown, and malfunction for the (3) [Reserved] up to 1 additional year to comply with reporting period if the total duration the standard, if such additional period amounts to either of the durations in § 63.1112 Extension of compliance, and is necessary for the installation of paragraphs (b)(1)(ii)(A) or (B) of this performance test, monitoring, controls. The owner or operator of an section. Records of the number of CPMS recordkeeping and reporting waivers and affected source who has requested an alternatives. startup, shutdown, and malfunction extension of compliance under this events and the total duration of all (a) Extension of compliance. (1) paragraph and who is otherwise periods of startup, shutdown, and Extension of compliance with emission required to obtain a title V permit shall malfunction for the reporting period are standards. Until an extension of apply for such permit or apply to have required under § 63.998(c)(1)(ii)(C) and compliance has been granted by the the source’s title V permit revised to (D) of this section. Administrator under this paragraph, the incorporate the conditions of the (A) Total duration of periods of owner or operator of an affected source extension of compliance. The malfunctioning of a CPMS equal to or subject to the requirements of this conditions of an extension of greater than 5 percent of that CPMS subpart shall comply with all applicable compliance granted under this operating time for the reporting period; requirements of this subpart. paragraph will be incorporated into the or (2) Extension of compliance for early affected source’s title V permit (B) Total duration of periods of reductions and other reductions. (i) according to the provisions of part 70 or startup, shutdown, and malfunction for Early reductions. Pursuant to section Federal title V regulations in this an affected source equal to or greater 112(i)(5) of the Act, if the owner or chapter (42 U.S.C. 7661), whichever are than 1 percent of that affected source’s operator of an existing source applicable. operating time for the reporting period. demonstrates that the source has (B) Any request under this paragraph (iii) Records documenting each achieved a reduction in emissions of for an extension of compliance with a startup, shutdown and malfunction hazardous air pollutants in accordance relevant standard shall be submitted in event as required under with the provisions of subpart D of this writing to the appropriate authority not § 63.998(c)(1)(ii)(F). part, the Administrator will grant the later than 12 months before the affected (iv) Records documenting the total owner or operator an extension of source’s compliance date (as specified duration of operating time as required compliance with specific requirements in § 63.1102) for sources that are not under § 63.998(c)(1)(ii)(H). of this part, as specified in subpart D of including emission points in an (2) Immediate startup, shutdown, and this part. emissions average, or not later than 18 malfunction reports. Notwithstanding (ii) Other reductions. Pursuant to months before the affected source’s the allowance to reduce the frequency of section 112(i)(6) of the Act, if the owner compliance date (as specified in reporting for startup, shutdown, and or operator of an existing source has § 63.1102) for sources that are including malfunction reports under paragraph installed best available control emission points in an emissions (b)(1) of this section, any time an action technology (BACT) (as defined in average. Emission standards established taken by an owner or operator during a section 169(3) of the Act) or technology under this part may specify alternative startup, shutdown, or malfunction required to meet a lowest achievable dates for the submittal of requests for an (including actions taken to correct a emission rate (LAER) (as defined in extension of compliance if alternatives malfunction) during which excess section 171 of the Act) prior to the are appropriate for the source categories emissions occur is not consistent with promulgation of an emission standard in affected by those standards, e.g., a the procedures specified in the affected this part applicable to such source and compliance date specified by the source’s plan, the owner or operator the same pollutant (or stream of standard is less than 12 (or 18) months shall report the actions taken for that pollutants) controlled pursuant to the after the standard’s effective date. event within 2 working days after BACT or LAER installation, the (ii) Section 112(f) standards. The commencing actions inconsistent with Administrator will grant the owner or owner or operator of an existing source the plan, followed by a letter delivered operator an extension of compliance unable to comply with a relevant or postmarked within 7 working days with such emission standard that will standard established under this part after the end of the event. The apply until the date 5 years after the pursuant to section 112(f) of the Act immediate report required under this date on which such installation was may request that the Administrator paragraph shall contain the name, title, achieved, as determined by the grant an extension allowing the source and signature of the owner or operator Administrator. up to 2 years after the standard’s or other responsible official who is (3) Request for extension of effective date to comply with the certifying its accuracy, explaining the compliance. Paragraphs (a)(4) through standard. The Administrator may grant circumstances of the event, the reasons (7) of this section concern requests for such an extension if he/she finds that for not following the startup, shutdown, an extension of compliance with a such additional period is necessary for and malfunction plan, and whether any relevant standard under this part the installation of controls and that excess emissions and/or parameter (except requests for an extension of steps will be taken during the period of

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Any request (ii) The request for a compliance (12) Notifications to owners and for an extension of compliance with a extension under paragraph (a)(5) of this operators regarding compliance relevant standard under this paragraph section shall include all information extensions for section 112(d) standards. shall be submitted in writing to the needed to demonstrate to the (i) The Administrator will notify the Administrator not later than 15 days Administrator’s satisfaction that the owner or operator in writing of approval after the effective date of the relevant installation of BACT or technology to or intention to deny approval of a standard. meet LAER controls the same pollutant request for an extension of compliance (5) Requests for extensions of (or stream of pollutants) that would be within 30 days after receipt of sufficient compliance for BACT or LAER. The controlled at that source by the relevant information to evaluate a request owner or operator of an existing source emission standard. submitted under paragraph (a)(4)(i) or who has installed BACT or technology (7) Additional advice. Advice on (a)(5) of this section. The 30-day required to meet LAER (as specified in requesting an extension of compliance approval or denial period will begin paragraph (a)(2)(ii) of this section) prior may be obtained from the after the owner or operator has been to the promulgation of a relevant Administrator. notified in writing that his/her emission standard in this part may (8) Approval of request for extension application is complete. The request that the Administrator grant an of compliance. Paragraphs (a)(9) through Administrator will notify the owner or extension allowing the source 5 years (14) of this section concern approval of operator in writing of the status of his/ from the date on which such installation an extension of compliance requested her application, that is, whether the was achieved, as determined by the under paragraphs (a)(4) through (6) of application contains sufficient Administrator, to comply with the this section. information to make a determination, standard. Any request for an extension (9) General. Based on the information within 30 days after receipt of the of compliance with a relevant standard provided in any request made under original application and within 30 days under this paragraph shall be submitted paragraphs (a)(4) through (6) of this after receipt of any supplementary in writing to the Administrator not later section, or other information, the information that is submitted. (ii) When notifying the owner or than 120 days after the promulgation Administrator may grant an extension of operator that his/her application is not date of the standard. The Administrator compliance with an emission standard, complete, the Administrator will specify may grant such an extension if he or she as specified in paragraphs (a)(4) and (5) the information needed to complete the finds that the installation of BACT or of this section. application and provide notice of technology to meet LAER controls the (10) Contents of extension. The opportunity for the applicant to present, same pollutant (or stream of pollutants) extension will be in writing and will— in writing, within 30 days after he/she that would be controlled at that source (i) Identify each affected source is notified of the incomplete by the relevant emission standard. covered by the extension; application, additional information or (6) Contents of request. (i) The request (ii) Specify the termination date of the arguments to the Administrator to for a compliance extension under extension; paragraph (a)(4) of this section shall enable further action on the application. (iii) Specify the dates by which steps (iii) Before denying any request for an include the following information: toward compliance are to be taken, if (A) A description of the controls to be extension of compliance, the appropriate; Administrator will notify the owner or installed to comply with the standard; (iv) Specify other applicable (B) A compliance schedule, including operator in writing of the requirements to which the compliance the date by which each step toward Administrator’s intention to issue the extension applies (e.g., performance compliance will be reached. At a denial, together with— tests); and minimum, the list of dates shall include: (A) Notice of the information and (1) The date by which contracts for (v)(A) Under paragraph (a)(4) of this findings on which the intended denial emission control systems or process section, specify any additional is based; and changes for emission control will be conditions that the Administrator deems (B) Notice of opportunity for the awarded, or the date by which orders necessary to assure installation of the owner or operator to present in writing, will be issued for the purchase of necessary controls and protection of the within 15 days after he/she is notified component parts to accomplish health of persons during the extension of the intended denial, additional emission control or process changes; period; or information or arguments to the (2) The date by which on-site (B) Under paragraph (a)(5)of this Administrator before further action on construction, installation of emission section, specify any additional the request. control equipment, or a process change conditions that the Administrator deems (iv) The Administrator’s final is to be initiated; necessary to assure the proper operation determination to deny any request for (3) The date by which on-site and maintenance of the installed an extension will be in writing and will construction, installation of emission controls during the extension period. set forth the specific grounds on which control equipment, or a process change (11) Progress reports. The owner or the denial is based. The final is to be completed; and operator of an existing source that has determination will be made within 30 (4) The date by which final been granted an extension of days after presentation of additional compliance is to be achieved. compliance under paragraph (a)(10) of information or argument (if the (C) A description of interim emission this section may be required to submit application is complete), or within 30 control steps, that will be taken during to the Administrator progress reports days after the final date specified for the the extension period, including indicating whether the steps toward presentation if no presentation is made. milestones to assure proper operation compliance outlined in the compliance (13) Notifications to owners and and maintenance of emission control schedule have been reached. The operators regarding compliance and process equipment; and contents of the progress reports and the extensions for section 112(f) standards. (D) Whether the owner or operator is dates by which they shall be submitted (i) The Administrator will notify the also requesting an extension of other will be specified in the written owner or operator in writing of approval

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations 34947 or intention to deny approval of a (b) Waiver of performance tests. (1) monitoring systems performance report; request for an extension of compliance Applicability of this section. Until a or within 30 days after receipt of sufficient waiver of a performance testing (iv) Makes a determination of suitable information to evaluate a request requirement has been granted by the progress towards compliance following submitted under paragraph (a)(4)(ii) of Administrator under this paragraph, the the submission of a compliance progress this section. The 30-day approval or owner or operator of an affected source report, whichever is applicable. denial period will begin after the owner remains subject to the requirements of (5) Administrator’s authority. or operator has been notified in writing this section. Approval of any waiver granted under that his/her application is complete. (2) General. Individual performance this section shall not abrogate the The Administrator will notify the owner tests may be waived upon written Administrator’s authority under the Act or operator in writing of the status of application to the Administrator if, in or in any way prohibit the his/her application, that is, whether the the Administrator’s judgment, the Administrator from later canceling the application contains sufficient source is meeting the relevant waiver. The cancellation will be made information to make a determination, standard(s) on a continuous basis, or the only after notice is given to the owner within 15 days after receipt of the source is being operated under an or operator of the affected source. original application and within 15 days extension of compliance, or the owner (c) Use of an alternative monitoring after receipt of any supplementary or operator has requested an extension method. (1) General. Until permission to information that is submitted. of compliance and the Administrator is use an alternative monitoring method (ii) When notifying the owner or still considering that request. has been granted by the Administrator operator that his/her application is not (3) Request to waive a performance under this paragraph, the owner or complete, the Administrator will specify test. (i) If a request is made for an operator of an affected source remains the information needed to complete the extension of compliance under subject to the requirements of this application and provide notice of paragraph (a) of this section, the section and the relevant standard. opportunity for the applicant to present, application for a waiver of an initial (2) Alternatives to monitoring in writing, within 15 days after he/she performance test shall accompany the methods. After receipt and is notified of the incomplete information required for the request for consideration of written application, the application, additional information or an extension of compliance. If no Administrator may approve alternatives arguments to the Administrator to extension of compliance is requested or to any monitoring methods or enable further action on the application. if the owner or operator has requested procedures of this part including, but (iii) Before denying any request for an an extension of compliance and the not limited to, the following: extension of compliance, the Administrator is still considering that (i) Alternative monitoring Administrator will notify the owner or request, the application for a waiver of requirements when installation of a operator in writing of the an initial performance test shall be CMS specified by a relevant standard Administrator’s intention to issue the submitted at least 60 days before the would not provide accurate denial, together with— performance test if a site-specific test measurements due to liquid water or (A) Notice of the information and plan is not submitted. other interferences caused by substances findings on which the intended denial (ii) If an application for a waiver of a within the effluent gases; (ii) Alternative monitoring is based; and subsequent performance test is made, requirements when the affected source (B) Notice of opportunity for the the application may accompany any is infrequently operated; owner or operator to present in writing, required compliance progress report, (iii) Alternative monitoring within 15 days after he/she is notified compliance status report, or excess requirements to accommodate CEMS of the intended denial, additional emissions and continuous monitoring that require additional measurements to information or arguments to the system performance report, but it shall correct for stack moisture conditions; Administrator before further action on be submitted at least 60 days before the (iv) Alternative locations for installing the request. performance test if a site-specific test CMS when the owner or operator can (iv) A final determination to deny any plan is not submitted. demonstrate that installation at alternate request for an extension will be in (iii) Any application for a waiver of a locations will enable accurate and writing and will set forth the specific performance test shall include representative measurements; grounds on which the denial is based. information justifying the owner or (v) Alternate methods for converting The final determination will be made operator’s request for a waiver, such as pollutant concentration measurements within 30 days after presentation of the technical or economic infeasibility, to units of the relevant standard; additional information or argument (if or the impracticality, of the affected (vi) Alternate procedures for the application is complete), or within source performing the required test. performing daily checks of zero (low- 30 days after the final date specified for (4) Approval of request to waive level) and high-level drift that do not the presentation if no presentation is performance test. The Administrator involve use of high-level gases or test made. will approve or deny a request for a cells; (14) Termination of extension. The waiver of a performance test made (vii) Alternatives to the American Administrator may terminate an under paragraph (b)(3) of this section Society for Testing and Materials extension of compliance at an earlier when he/she— (ASTM) test methods or sampling date than specified if any specification (i) Approves or denies an extension of procedures specified by any relevant under paragraphs (a)(10)(iii) or (iv) of compliance under paragraph (a) of this standard; this section is not met. section; or (viii) Alternative CMS that do not (15) [Reserved] (ii) Approves or disapproves a site- meet the design or performance (16) Administrator’s authority. The specific test plan; or requirements in this part, but granting of an extension under this (iii) Makes a determination of adequately demonstrate a definite and section shall not abrogate the compliance following the submission of consistent relationship between their Administrator’s authority under section a required compliance status report or measurements and the measurements of 114 of the Act. excess emissions and continuous opacity by a system complying with the

VerDate 18-JUN-99 19:59 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.XXX pfrm03 PsN: 29JNR2 34948 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations requirements as specified in the relevant alternative monitoring method within substitute the relative accuracy test with standard. The Administrator may 30 days after receipt of the original the procedures in section 10 of require that such demonstration be request and within 30 days after receipt Performance Specification 2 if the performed for each affected source; or of any supplementary information that control device exhaust emission rate is (ix) Alternative monitoring is submitted. Before disapproving any less than 50 percent of the level needed requirements when the effluent from a request to use an alternative monitoring to meet the control efficiency single affected source or the combined method, the Administrator will notify requirement. The alternative procedures effluent from two or more affected the applicant of the Administrator’s do not apply if the CEMS is used sources is released to the atmosphere intention to disapprove the request continuously to determine compliance through more than one point. together with— with the relevant standard. (3) Conflicts between alternative and (A) Notice of the information and (ii) Petition to use alternative to required methods. If the Administrator findings on which the intended relative accuracy test. The petition to finds reasonable grounds to dispute the disapproval is based; and use an alternative to the relative results obtained by an alternative (B) Notice of opportunity for the accuracy test shall include a detailed monitoring method, requirement, or owner or operator to present additional description of the procedures to be procedure, the Administrator may information to the Administrator before applied, the location and the procedure require the use of a method, final action on the request. At the time for conducting the alternative, the requirement, or procedure specified in the Administrator notifies the applicant concentration or response levels of the this section or in the relevant standard. of his or her intention to disapprove the alternative relative accuracy materials, If the results of the specified and request, the Administrator will specify and the other equipment checks alternative method, requirement, or how much time the owner or operator included in the alternative procedure(s). procedure do not agree, the results will have after being notified of the The Administrator will review the obtained by the specified method, intended disapproval to submit the petition for completeness and requirement, or procedure shall prevail. additional information. applicability. The Administrator’s (4)(i) Request to use alternative (ii) The Administrator may establish determination to approve an alternative monitoring method. An owner or general procedures and criteria in a will depend on the intended use of the operator who wishes to use an relevant standard to accomplish the CEMS data and may require alternative monitoring method shall requirements of paragraph (c)(5)(i) of specifications more stringent than in submit an application to the this section. Performance Specification 2. Administrator as described in paragraph (iii) If the Administrator approves the (iii) Rescission of approval to use (c)(4)(ii) of this section. The application use of an alternative monitoring method alternative to relative accuracy test. The may be submitted at any time provided for an affected source under paragraph Administrator will review the that the monitoring method is not used (c)(5)(i) of this section, the owner or permission to use an alternative to the to demonstrate compliance with a operator of such source shall continue CEMS relative accuracy test and may relevant standard or other requirement. to use the alternative monitoring rescind such permission if the CEMS If the alternative monitoring method is method until he or she receives data from a successful completion of the to be used to demonstrate compliance approval from the Administrator to use alternative relative accuracy procedure with a relevant standard, the application another monitoring method as allowed indicate that the affected source’s shall be submitted not later than with by this subpart or a subpart referenced emissions are approaching the level of the site-specific test plan required, or by this subpart. the relevant standard. The criterion for with the site-specific performance (6) Alternative to the relative accuracy reviewing the permission is that the evaluation plan (if requested), or at least test. An alternative to the relative collection of CEMS data shows that 60 days before the performance accuracy test for CEMS specified in a emissions have exceeded 70 percent of evaluation is scheduled to begin. relevant standard may be requested as the relevant standard for any averaging (ii) The application shall contain a follows: period, as specified in the relevant description of the proposed alternative (i) Criteria for approval of alternative standard. For affected sources subject to monitoring system and a performance procedures. An alternative to the test emission limitations expressed as evaluation test plan, if required. In method for determining relative control efficiency levels, the criterion addition, the application shall include accuracy is available for affected sources for reviewing the permission is that the information justifying the owner or with emission rates demonstrated to be collection of CEMS data shows that operator’s request for an alternative less than 50 percent of the relevant exhaust emissions have exceeded 70 monitoring method, such as the standard. The owner or operator of an percent of the level needed to meet the technical or economic infeasibility, or affected source may petition the control efficiency requirement for any the impracticality, of the affected source Administrator under paragraph (c)(6)(ii) averaging period, as specified in the using the required method. of this section to substitute the relative relevant standard. The owner or (iii) The owner or operator may accuracy test in section 7 of operator of the affected source shall submit the information required in this Performance Specification 2 with the maintain records and determine the paragraph well in advance of the procedures in section 10 if the results of level of emissions relative to the submittal dates specified in paragraph a performance test conducted according criterion for permission to use an (c)(4)(i) of this section to ensure a timely to the requirements specified in this alternative for relative accuracy testing. review by the Administrator in order to subpart or subpart referenced by this If this criterion is exceeded, the owner meet the compliance demonstration subpart demonstrate that the emission or operator shall notify the date specified in this section or the rate of the pollutant of interest in the Administrator within 10 days of such relevant standard. units of the relevant standard is less occurrence and include a description of (5) Approval of request to use than 50 percent of the relevant standard. the nature and cause of the increased alternative monitoring method. (i) The For affected sources subject to emission emissions. The Administrator will Administrator will notify the owner or limitations expressed as control review the notification and may rescind operator of approval or intention to efficiency levels, the owner or operator permission to use an alternative and deny approval of the request to use an may petition the Administrator to require the owner or operator to conduct

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An requirement has been granted by the (5) A waiver of any recordkeeping or owner or operator of an affected source Administrator under this paragraph, the reporting requirement granted under seeking permission to use an alternative owner or operator of an affected source this paragraph may be conditioned on means of compliance who has not remains subject to the recordkeeping other recordkeeping or reporting previously performed testing shall also and reporting requirements of this requirements deemed necessary by the submit a proposed test plan. If the subpart and any subparts referenced by Administrator. owner or operator seeks permission to this subpart. (6) Approval of any waiver granted use an alternative means of compliance (2) Recordkeeping or reporting under this section shall not abrogate the based on previously performed testing, requirements may be waived upon Administrator’s authority under the Act they shall submit the results of testing, written application to the Administrator or in any way prohibit the a description of the procedures followed if, in the Administrator’s judgment, the Administrator from later canceling the in testing or monitoring, and a affected source is achieving the relevant waiver. The cancellation will be made description of pertinent conditions standard(s), or the source is operating only after notice is given to the owner during testing or monitoring. under an extension of compliance, or or operator of the affected source. the owner or operator has requested an (2) The owner or operator who extension of compliance and the § 63.1113 Procedures for approval of requests an alternative means of Administrator is still considering that alternative means of emission limitation. emissions limitation shall submit a request. (a) Alternative means of emission description of the proposed testing, (3) If an application for a waiver of limitation. An owner or operator of an monitoring, recordkeeping, and recordkeeping or reporting is made, the affected source may request a reporting that will be used and the application shall accompany the request determination of alternative means of proposed basis for demonstrating for an extension of compliance under emission limitation to the requirements compliance. paragraph (a) of this section, any of design, equipment, work practice, or (3) For storage vessels, the owner or required compliance progress report or operational standards of this subpart or operator shall include the results of compliance status report required under of a subpart referenced by this subpart. actual emissions tests using full-size or this part or in the source’s title V If, in the judgment of the Administrator, scale-model storage vessels that permit, or an excess emissions and an alternative means of emission accurately collect and measure all continuous monitoring system limitation will achieve a reduction in regulated HAP emissions using a given performance report required under HAP emissions at least equivalent to the control technique, and that accurately § 63.999(c) or another subpart reduction in emissions from that source simulate wind and account for other referenced by this subpart, whichever is achieved under any design, equipment, emission variables such as temperature applicable. The application shall work practice, or operational standards and barometric pressure, or an include whatever information the owner (but not performance standards) in this engineering analysis that the or operator considers useful to convince subpart, the Administrator will publish Administrator determines to be an the Administrator that a waiver of in the Federal Register a notice accurate method of determining recordkeeping or reporting is warranted. permitting the use of the alternative equivalence. (4) The Administrator will approve or means for purposes of compliance with (4) For proposed alternatives to deny a request for a waiver of that requirement. equipment leak requirements referenced recordkeeping or reporting requirements (1) The notice may condition the by this subpart, the owner or operator under this paragraph when he/she— permission on requirements related to shall also submit the information (i) Approves or denies an extension of the operation and maintenance of the specified in and meet the requirements compliance under paragraph (a) of this alternative means. for alternate means of emission (2) Any such notice shall be section; or limitation specified in the referenced (ii) Makes a determination of published only after public notice and subparts. compliance following the submission of an opportunity for a hearing. a required Notification of Compliance (b) Content of submittal. (1) In order [FR Doc. 99–13164 Filed 6–28–99; 8:45 am] Status report or excess emissions and to obtain approval, any person seeking BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION standards, the EPA has deferred taking MACT standards, is available for public AGENCY final action regarding provisions inspection between 8:30 a.m. and 5:30 applicable to process wastewater p.m., Monday through Friday (except 40 CFR Part 63 streams for the AR, AMF, and PC for Federal holidays), at the following production source categories. address: U.S. Environmental Protection [AD±FRL±6347±1] DATES: Comments: Comments must be Agency, Air and Radiation Docket and RIN 2060±A±53 received on or before July 29, 1999. Information Center (MC–6102), 401 M Public Hearing: A public hearing will Street, SW, Washington, DC 20460, National Emission Standards for be held, if a timely hearing request is telephone: (202) 260–7548. The EPA’s Hazardous Air Pollutants: Generic received, to provide interested persons Air Docket section is located at the Maximum Achievable Control an opportunity to present information above address in Room M–1500, Technology; Process Wastewater pertaining to today’s supplemental Waterside Mall (ground floor). The Provisions proposal. If any person specifically proposed and final standards, and AGENCY: Environmental Protection requests that a public hearing be held by supporting information, are available for Agency (EPA). July 6, 1999, a public hearing will be inspection and copying. A reasonable fee may be charged for copying. ACTION: Supplemental notice of held on July 13, 1999 beginning at 10 proposed rulemaking; reopening of a.m. Any request that a hearing be held FOR FURTHER INFORMATION CONTACT: For public comment period. concerning this supplemental proposal further information concerning this must be submitted orally or in writing document, contact Mr. David W. SUMMARY: On October 14, 1998, the EPA no later than July 6, 1999. Markwordt, Policy, Planning, and proposed a consolidated rulemaking ADDRESSES: Comments: Comments Standards Group, Emission Standards that included several related elements: should be submitted (in duplicate, if Division (MD–13), U.S. Environmental the establishment of the EPA’s ‘‘generic possible) to: Air and Radiation Docket Protection Agency, Research Triangle MACT standards’’ program for setting and Information Center (6102), (LE– Park, North Carolina 27711; telephone: national emission standards for 131), Attention, Docket No. A–97–17, (919) 541–0837; facsimile: (919) 541– hazardous air pollutants (NESHAP) U.S. Environmental Protection Agency, 0942; e-mail address: under section 112 of the Clean Air Act 401 M Street, SW, Washington, DC [email protected]. (Act) for certain small source categories 20460. The EPA requests that a separate SUPPLEMENTARY INFORMATION: consisting of five or fewer sources; as copy of comments also be sent to Mr. part of this program, the establishment David W. Markwordt (see FOR FURTHER Plain Language of an alternative methodology for INFORMATION CONTACT FOR ADDRESS). In compliance with President making EPA’s maximum available Comments and data may be submitted Clinton’s June 1, 1998 Executive control technology (MACT) by electronic mail (e-mail) to: a-and-r- Memorandum on Plain Language in determination for appropriate small [email protected]. Electronic comments government writing, this preamble is categories by referring to previous must be submitted as an ASCII file to written using plain language. Thus, the MACT standards that have been avoid the use of special characters and use of ‘‘we’’ in this notice refers to the promulgated for similar sources in other encryption problems. Comments and EPA. The use of ‘‘you’’ refers to the categories; the proposal of MACT data will also be accepted on Microsoft reader, and may include industry; State, standards that were developed within DOS formatted 3.5 inches high-density local, and tribal governments; the generic MACT framework for four diskettes containing WordPerfect 5.1 environmental groups; and other specific source categories (i.e., acetal or 6.1, or ASCII formatted files. All interested individuals. resins (AR) production, acrylic and comments and data submitted in On October 14, 1998 (63 FR 55178), modacrylic fiber (AMF) production, electronic form must note the docket we proposed a consolidated rulemaking hydrogen fluoride (HF) production, and number: A–97–17. No confidential that included generic MACT standards polycarbonate(s) (PC) production; and business information (CBI) should be under section 112 of the Act for certain the proposal of general control submitted by e-mail. Electronic small source categories consisting of requirements for certain types of comments on this notice may be filed five or fewer sources. In a separate emission points for hazardous air online at many Federal Depository document published elsewhere in this pollutants (HAP), which would then be Libraries. separate part of the Federal Register, we referenced, as appropriate, in the Public Hearing: If a timely request for are taking final action on nearly all generic MACT requirements for a public hearing is received, the hearing aspects of that proposal, but we are individual source categories. will be held at the EPA Office of deferring final action on the provisions The initial comment period for the Administration Auditorium, Research applicable to process and maintenance proposed generic MACT standards Triangle Park, North Carolina. Persons wastewater and certain liquid streams in closed on January 12, 1999. The EPA interested in attending such a hearing open systems. received several comments requesting should contact Ms. Dorothy Apple at clarifying changes to the standards. (919) 541–4487, Policy Planning and I. Comments Received on the Proposed Changes in response to relevant Standards Group (MD–13) to verify that Wastewater Provisions comments have been made and those a hearing will be held. The subject Commenters raised several issues standards are being promulgated matter of any hearing will be strictly related to the wastewater provisions elsewhere in this separate part of the limited to the proposed revisions of the proposed on October 14, 1998. One Federal Register. However, comments wastewater provisions for the AR, AMF, commenter provided that the proposed related to the wastewater provisions and PC source categories set forth in provisions did not specify the location were received, which upon today’s supplemental proposal. for determining HAP concentration. The consideration by the EPA, indicate a Docket: A docket, No. A–97–17, commenter stated that it seems need for significant changes to these containing information considered by appropriate to make this determination provisions. Therefore, in today’s the EPA in the development of the at the entrance to each wastewater promulgated rule for the generic MACT proposed and promulgated generic treatment system unit. The commenter

VerDate 18-JUN-99 18:32 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\29JNP2.XXX pfrm07 PsN: 29JNP2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules 34951 recommended that a definition for wastewater streams to reduce the IV. Solicitation of Comments ‘‘point of determination’’ be made and organic HAP concentration. The that references to ‘‘point of generation’’ suppression requirements in the As noted in section I of today’s SNPR, be changed to ‘‘point of determination.’’ referenced sections of the HON are commenters provided comment on the The commenter also stated that an equivalent in stringency to the limitations of the proposed wastewater owner or operator should be allowed to wastewater requirements that were provisions. We evaluated their use all of the test methods specified in proposed on October 14, 1998 for most comments and realized that treatment the hazardous organic NESHAP (HON) emissions points associated with provisions had inadvertently been when determining HAP concentrations wastewater streams. omitted and that the applicability in wastewater. The maintenance wastewater procedures were not adequate. The Another commenter stated that there provisions require, for each three source categories affected by the was no information or requirements for maintenance wastewater stream that proposed wastewater provisions treatment or destruction of wastewater contains organic HAP, that you develop amendments (i.e., the AMF, AR, and PC streams leaving the process unit. The and follow procedures to manage production source categories) handle commenter noted that the proposal only wastewaters generated during organic HAP waste streams similar to required control of secondary emissions maintenance activities so that emissions what is managed by the HON. from equipment handling the are minimized. The proposed provisions Therefore, these proposed amendments wastewater stream. for liquid streams in open systems apply directly reference HON wastewater Based on comments received, and an to drain or drain hubs, manholes, lift provisions. We are soliciting comment evaluation of the proposed process stations, trenches, pipes, oil/water on the appropriateness of these HON wastewater stream provisions, we agree separators, and tanks, and require that wastewater provisions for the AR, AMF, that the proposed process wastewater you implement specific emission and PC production source categories. stream provisions for the AR, AMF, and reduction techniques for each type of V. Administrative Requirements PC standards did not include adequate equipment. applicability procedures and treatment We intend to take final action A. Docket requirements. We also concluded that concerning the revised wastewater The docket is an organized and provisions were needed to address HAP provisions for the AR, AMF, and PC complete file of the administrative emissions from maintenance wastewater source categories proposed today as and certain liquid streams in open expeditiously as practicable, but no later record compiled by the EPA in the systems. The final standards for these than November 15, 1999 (the revised development of the rule. The docket is source categories that appear in today’s date set forth in a proposed consent a dynamic file, since material is added Federal Register do not contain any decree). For purposes of this throughout the rulemaking wastewater provisions. Rather, we are rulemaking, we will consider only development. The docketing system is reopening the comment period to comments limited to the newly intended to allow members of the public specifically request additional comment proposed process wastewater stream and industries involved to readily on appropriate revisions of the provisions for the AR, AMF, and PC identify and locate documents so that wastewater provisions. production source categories (see IV. they can effectively participate in the Solicitation of Comments). rulemaking process. Along with the II. Summary of Proposed Amendments statement of basis and purpose of the The proposed amendments III. Summary of Impacts proposed and promulgated standards incorporate and cross-reference We estimate that the impacts for air and EPA responses to significant appropriate wastewater provisions of emissions will be negligible as the AMF, comments, the contents of the docket the HON for the AR, AMF, and PC AR, and PC production affected sources will serve as the record in case of production source categories. The that would be subject to these judicial review (except for interagency proposed amendments respond to requirements are already well review materials) (see 42 U.S.C. comments received on the wastewater controlled. Similarly, water pollution 7607(d)(7)(A)). provisions on October 14, 1998. In and solid waste, and increases in energy B. Paperwork Reduction Act addition, these amendments reflect our use resulting from the use of control original intent regarding ‘‘point of devices would be negligible. Based on The information collection determination’’ measurements and previous impacts analyses associated requirements associated with this ‘‘treatment and destruction’’ with the application of the control and supplemental notice of proposed requirements for process wastewater recovery devices required under the rulemaking do not add to the and that requirements for maintenance standards and because each of the three promulgated rule information collection wastewater and liquid streams in open subject source categories have only five requirements. The information systems be included. or fewer major sources, we believe that collection requirements of the The proposed amendments for there will be minimal, if any, adverse promulgated rule for the Generic MACT process wastewater, maintenance environmental or energy impacts standards were submitted for approval wastewater, and liquid streams in open associated with the final standards. to the Office of Management and Budget systems directly refer to HON Likewise, based on available (OMB) under the Paperwork Reduction wastewater requirements. For process information, we estimate that the cost Act, 44 U.S.C. 3501, et seq. Under the wastewater, you are required to make a and economic impacts of the proposed promulgated rule, an Information group determination for each amendments to the promulgated Collection Request (ICR) document was wastewater stream based on flow rate standards for the three source categories prepared by the EPA (ICR No. 1871.02) and organic HAP concentration. If a being regulated will be insignificant or and a copy may be obtained from Sandy process wastewater stream is minimal. The economic analyses for Farmer, OPPE Regulatory Information determined to be Group 1, you must each of the three source categories can Division, U.S. Environmental Protection comply with specific requirements for be obtained from the dockets Agency (2137), 401 M Street, S.W., waste management units to suppress established for these source categories Washington, DC 20460, or by calling emissions, and requirements to treat the (see ADDRESSES). (202) 260–2740.

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C. Executive Order 12866 Risks (62 FR 19885, April 23, 1997), G. Regulatory Flexibility Act/Small Under Executive Order 12866 (58 FR applies to any rule that the EPA Business Regulatory Enforcement 51735, October 4, 1993), the EPA must determines (1) is economically Fairness Act of 1996 determine whether a regulatory action is significant as defined under Executive The RFA of 1980 (5 U.S.C. 601, et ‘‘significant’’ and therefore subject to Order 12866, and (2) the environmental seq.), as amended by the Small Business OMB review and the requirements of health or safety risk addressed by the Regulatory Enforcement Fairness Act of the Executive Order. The Order defines rule has a disproportionate effect on 1996 (SBREFA), requires the EPA to ‘‘significant regulatory action’’ as one children. If the regulatory action meets give special consideration to the effect that is likely to result in a rule that may: both criteria, the EPA must evaluate the of Federal regulations on small entities (1) have an annual effect on the environmental health or safety effects of and to consider regulatory options that economy of $100 million or more or the planned rule on children and might mitigate any such impacts. adversely affect in a material way the explain why the planned regulation is Today’s action is not subject to the economy, a sector of the economy, preferable to other potentially effective requirements of the RFA as modified by productivity, competition, jobs, the and reasonably feasible alternatives SBREFA because it does not impose any environment, public health or safety, or considered by the EPA. regulatory requirements on small State, local, or tribal governments or This proposed amendments are not entities. communities; subject to Executive Order 13045 H. Unfunded Mandates Reform Act of (2) create a serious inconsistency or because it is not an economically 1995 otherwise interfere with an action taken significant regulatory action as defined or planned by another agency; Under section 202 of the Unfunded by Executive Order 12866. No children’s (3) materially alter the budgetary Mandates Reform Act of 1995 risk analysis was performed for this impact of entitlements, grants, user fees, (‘‘Unfunded Mandates Act’’), signed rulemaking because the agency does not or loan programs or the rights and into law on March 22, 1995, the EPA have the data necessary to conduct such obligations of recipients thereof; or must prepare a budgetary impact (4) raise novel legal or policy issues analysis, and cannot obtain such data statement to accompany any proposed arising out of legal mandates, the with available resources. or final rule that includes a Federal President’s priorities, or the principles F. Executive Order 13084 mandate that may result in estimated set forth in the Executive Order. costs to State, local, or tribal Today’s SNPR is a significant action Under Executive Order 13084, the governments in the aggregate, or to the under the terms of Executive Order EPA may not issue a regulation that is private sector, of $100 million or more 12866 because the proposed not required by statute, that in any one year. Under section 205, the amendments for AR, AMF, and PC significantly or uniquely affects the EPA must select the most cost-effective production do constitute a ‘‘significant communities of Indian tribal and least burdensome alternative that regulatory action’’ as defined under governments, and that imposes achieves the objectives of the rule and Executive Order 12866. substantial direct compliance costs on is consistent with statutory requirements. Section 203 requires the D. Executive Order 12875 those communities, unless the Federal government provides the funds EPA to establish a plan for informing Under Executive Order 12875, the necessary to pay the direct compliance and advising any small governments EPA may not issue a regulation that is cost incurred by the tribal governments, that may be significantly or uniquely not required by statute and that creates or the EPA consults with those impacted by the rule. a mandate upon a State, local or tribal governments. If the EPA complies by Because the promulgated rule and this government, unless the Federal consulting, Executive Order 13084 supplemental notice of proposed government provides the funds requires the EPA to provide to OMB, in rulemaking do not include a Federal necessary to pay the direct compliance a separately identified section of the mandate and is estimated to result in costs incurred by those governments, or expenditures less than $100 million in preamble to the rule, a description of EPA consults with those governments. If any one year by State, local, and tribal the extent of the EPA’s prior the EPA complies by consulting, governments, the EPA has not prepared consultation with representatives of Executive Order 12875 requires the EPA a budgetary impact statement or affected tribal governments, a summary to develop an effective process specifically addressed the selection of of the nature of their concerns, and a permitting elected officials and other the least costly, most cost-effective, or representatives of State, local and tribal statement supporting the need to issue least burdensome alternative. In governments ‘‘to provide meaningful the regulation. In addition, Executive addition, because small governments and timely input in the development of Order 13084 requires the EPA to would not be significantly or uniquely regulatory proposals containing develop an effective process permitting affected by this rule, the EPA is not significant unfunded mandates.’’ elected officials and other required to develop a plan with regard Today’s proposed amendments representatives of Indian tribal to small governments. Therefore, the implement requirements specifically set governments ‘‘to provide meaningful requirements of the UMRA do not apply forth by the Congress in section 112 of and timely input in the development of to this action. the Act without the exercise of any regulatory policies on matters that I. National Technology Transfer and discretion by the EPA. Accordingly, the significantly or uniquely affect their Advancement Act requirements of section 1(a) of communities.’’ Today’s rule implements Executive Order 12875 do not apply to requirements specifically set forth by Section 12(d) of the National this rule. Congress in section 112 of the Act Technology Transfer and Advancement without the excercise of any discretion Act of 1995 (the NTTAA), Public Law E. Executive Order 13045 by the EPA. Accordingly, the 104–113, section 12(d) (15 U.S.C. 272 Executive Order 13045, entitled requirements of section 3(b) of note), directs the EPA to use voluntary Protection of Children from Executive Order 13084 do not apply to consensus standards in its regulatory Environmental Health Risks and Safety this rule. activities unless to do so would be

VerDate 18-JUN-99 12:30 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\A29JN2.004 pfrm07 PsN: 29JNP2 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules 34953 inconsistent with applicable law or PART 63ÐNATIONAL EMISSION meet the definition of a Group 1 otherwise impractical. Voluntary STANDARDS FOR HAZARDOUS AIR wastewater stream. consensus standards are technical POLLUTANTS FOR SOURCE * * * * * standards (e.g., materials specifications, CATEGORIES Maintenance wastewater means test methods, sampling procedures, wastewater generated by the draining of business practices, etc.) that are 1. The authority citation for part 63 process fluid from components in the developed or adopted by voluntary continues to read as follows: chemical manufacturing process unit consensus standard bodies. The NTTAA Authority: 42 U.S.C. 7401 et seq. into an individual drain system prior to requires the EPA to provide Congress, or during maintenance activities. Subpart YYÐNational Emission through OMB, explanations when the Maintenance wastewater can be Standards for Hazardous Air Pollutants Agency decides not to use available and generated during planned and for Source Categories: Generic unplanned shutdowns and during applicable voluntary consensus Maximum Achievable Control standards. periods not associated with a shutdown. Technology Standards Examples of activities that can generate This action does not involve the maintenance wastewaters include 2. Section 63.1100 is amended by proposal of any new technical descaling of heat exchanger tubing adding paragraph (g)(5) to read as standards. It does, however, incorporate bundles, cleaning of distillation column follows: by reference existing technical traps, draining of low legs and high standards, including government- § 63.1100 Applicability. point bleeds, draining of pumps into an unique technical standards. The * * * * * individual drain system, and draining of technical standards proposed with this (g) * * * portions of the chemical manufacturing action are standards that have been process unit for repair. (5) Overlap of subpart YY with other proposed and promulgated under other regulations for wastewater. (i) After the * * * * * rulemakings for similar source control compliance dates specified in § 63.1102 Oil-water separator or organic-water applicability and compliance for an affected source subject to this separator means a waste management determinations. The EPA solicits subpart, wastewater streams that are unit, generally a tank used to separate comment on the identification of subject to the wastewater requirements oil or organics from water. An oil-water potentially-applicable voluntary of this subpart and the wastewater or organic-water separator consists of consensus standards that could be use requirements of subparts F, G, and H of not only the separation unit but also the in lieu of standard proposed under this part (collectively known as the forebay and other separator basins, today’s action. The EPA request that ‘‘HON’’) are in compliance with the skimmers, weirs, grit chambers, sludge submitted comments include an requirements of this subpart if it hoppers, and bar screens that are explanation why such standards should complies with either such requirement. located directly after the individual drain system and prior to additional be used in lieu of those proposed. (ii) After the compliance dates waste management units such as an air specified in § 63.1102 for an affected As part of a larger effort, the EPA is flotation unit, clarifier, or biological source subject to this subpart, undertaking a project to cross-reference treatment unit. Examples of an oil-water wastewater streams that are subject to existing voluntary consensus standards or organic-water separator include, but control requirements in the Benzene on testing, sampling, and analysis, with are not limited to, an American Waste NESHAP (subpart FF of part 61 current and future EPA test methods. Petroleum Institute separator, parallel- of this chapter) and this subpart are When completed, this project will assist plate interceptor, and corrugated-plate required to comply with both subpart the EPA in identifying potentially- interceptor with the associated ancillary FF of part 61 of this chapter and this applicable voluntary consensus equipment. subpart. standards that can then be evaluated for * * * * * equivalency and applicability in 3. Section 63.1101 is amended by adding definitions in alphabetical order Point of determination means each determining compliance with future to read as follows: point where process wastewater exits regulations. the chemical manufacturing process § 63.1101 Definitions. unit. List of Subjects in 40 CFR Part 63 * * * * * Note to definition for ‘‘Point of Environmental protection, Acetal Annual average concentration, as determination’’: This subpart allows resins production, Acrylic and used in the wastewater provisions, determination of the characteristics of a modacrylic fiber production, means the flow-weighted annual wastewater stream: At the point of Administrative practice and procedure, average concentration, as determined determination; or downstream of the point of determination if corrections are made for Air pollution control, Hazardous according to the procedures specified in changes in flow rate and annual average substances, Intergovernmental relations, § 63.144(b). concentration of Table 9 compounds as Polycarbonates production, Process Annual average flow rate, as used in determined in § 63.144. Such changes wastewater streams, Reporting and the wastewater provisions, means the include losses by air emissions; reduction of recordkeeping requirements. annual average flow rate, as determined annual average concentration or changes in according to the procedures specified in flow rate by mixing with other water or Dated: May 14, 1999. § 63.144(c). wastewater streams; and reduction in flow Carol M. Browner, rate or annual average concentration by * * * * * treating or otherwise handling the Administrator. Group 1 wastewater stream means a wastewater stream to remove or destroy For the reasons set out in the process wastewater stream at an existing hazardous air pollutants. preamble, title 40, chapter I, part 63 of or new source that meets the criteria for * * * * * Group 1 status in § 63.132(c). the Code of Federal Regulations is Process wastewater means wastewater proposed to be amended as follows: Group 2 wastewater stream means a which, during manufacturing or process wastewater stream that does not processing, comes into direct contact

VerDate 18-JUN-99 20:02 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\29JNP2.XXX pfrm04 PsN: 29JNP2 34954 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules with or results from the production or Table 9 compounds means (2) Is discarded from a chemical use of any raw material, intermediate compounds listed in Table 9 of subpart manufacturing process unit. product, finished product, by-product, G of this part. Wastewater stream means a stream or waste product. Examples are product * * * * * that contains wastewater. tank drawdown or feed tank drawdown, Wastewater is either a process 4. Section 63.1103 is amended in water formed during a chemical reaction wastewater or a maintenance table 1 in paragraph (a) by adding in or used as a reactant; water used to wastewater and means water that: numerical order entries 6, 7, and 8; in wash impurities from organic products (1) Contains either: table 2 in paragraph (b)(3)(i) by adding or reactants; equipment washes between (i) An annual average concentration of in numerical order entries 8, 9, and 10; batches in a batch process; water used Table 9 compounds of at least 5 parts in table 5 in paragraph (d) by adding in to cool or quench organic vapor streams per million by weight at the point of numerical order entries 7, 8, and 9; and through direct contact; and condensed determination and has an annual in table 6 in paragraph (d) by adding in steam from jet ejector systems pulling average flow rate of 0.02 liter per minute numerical order entries 6, 7, and 8 to vacuum on vessels containing organics. or greater; or read as follows: Process wastewater stream means a (ii) An annual average concentration stream that contains process of Table 9 compounds of at least 10,000 § 63.1103 Source category-specific wastewater. parts per million by weight at the point applicability, definitions, and requirements. * * * * * of determination at any flow rate; and (a) * * *

TABLE 1 TO § 63.1103(A).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTION EXISTING OR NEW AFFECTED SOURCE?

If you own or operate . .. And if . .. Then you must . ..

***** 6. An acetal resins production process unit The process wastewater stream is a Group 1 Comply with the requirements of § 63.1106(a). that generates process wastewater. wastewater stream. 7. An acetal resins production process unit The maintenance wastewater contains organic Comply with the requirements of § 63.1106(b). that generates maintenance wastewater. HAP. 8. An item of equipment listed in The item of equipment meets the criteria spec- Comply with the requirements in Table 35 of § 63.1106(c)(1). ified in § 63.1106(c)(1) through (3) and ei- subpart G of this part. ther (c)(4)(i) or (ii).

* * * * * (b) * ** (3) * ** (i) * **

TABLE 2. TO § 63.1103(B)(3)(I).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (B)(3)(I) OF THIS SECTION?

If you own or operate . .. And if . .. Then you must . ..

******* 8. An acrylic and modacrylic fiber production The process wastewater stream is a Group 1 Comply with the requirements of § 63.1106(a). process unit that generates process waste- wastewater stream. water. 9. An acrylic and modacrylic fiber production The maintenance wastewater contains organic Comply with the requirements of § 63.1106(b). process unit that generates maintenance HAP. wastewater. 10. An item of equipment listed in The item of equipment meets the criteria spec- Comply with the requirements in Table 35 of § 63.1106(c)(1). ified in § 63.1106(c)(1) through (3) and ei- subpart G of this part. ther (c)(4)(i) or (ii).

* * * * * * * * * * * * * * (d) * **

TABLE 5 TO § 63.1103(D).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION EXISTING AFFECTED SOURCE?

If you own or operate . .. And if . .. Then you must . ..

******* 7. A polycarbonate production process unit The process wastewater stream is a Group 1 Comply with the requirements of § 63.1106(a). that generates process wastewater. wastewater stream.

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TABLE 5 TO § 63.1103(D).ÐWHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTION EXISTING AFFECTED SOURCE?ÐContinued

If you own or operate . .. And if . .. Then you must . ..

8. A polycarbonate production process unit The maintenance wastewater contains organic Comply with the requirements of § 63.1106(b). that generates maintenance wastewater. HAP. 9. An item of equipment listed in The item of equipment meets the criteria spec- Comply with the requirements in Table 35 of § 63.1106(c)(1). ified in § 63.1106(c)(1) through (3) and ei- subpart G of this part. ther (c)(4)(i) or (ii).

* * * * * * *

Table 6 to § 63.1103(d).ÐWhat Are My Requirements if I Own or Operate a Polycarbonate Production New Affected Source?

If you own or operate . .. And if . .. Then you must . ..

******* 6. A polycarbonate production process unit The process wastewater stream is a Group 1 Comply with the requirements of § 63.1106(a). that generates process wastewater. wastewater stream. 7. A polycarbonate production process unit The maintenance wastewater contains organic Comply with the requirements of § 63.1106(b). that generates maintenance wastewater. HAP. 8. An item of equipment listed in The item of equipment meets the criteria spec- Comply with the requirements in Table 35 of § 63.1106(c)(1). ified in § 63.1106(c)(1) through (3) and ei- subpart G of this part. ther (c)(4)(i) or (ii).

* * * * * * * emission standard provisions in § 63.100 of subpart F of this part,’’ the 5. Section 63.1106 is added to subpart § 63.6(g) shall apply, for the purposes of applicable compliance dates specified YY to read as follows: this subpart. in § 63.1102 shall apply, for purposes of (5) When the HON storage vessel this subpart. § 63.1106 Wastewater provisions. requirements for internal floating roofs (11) Where § 63.152(b) and/or the (a) Process wastewater. Except as contained in §§ 63.119(b) are referred to Notification of Compliance Status is specified in paragraphs (a)(1) through in § 63.133(a)(2)(ii), the requirements in (a)(16) and (d) of this section, the owner § 63.1063(a)(1)(i), (2), and (b) shall referred to in § 63.132 through § 63.148, or operator of each affected source shall apply, for the purposes of this subpart. the Notification of Compliance Status comply with the HON process (6) When the HON storage vessel requirements contained in wastewater requirements in §§ 63.132 requirements for external floating roofs § 63.1110(a)(3) shall apply, for purposes through 63.148. in § 63.119(c) and § 63.120(b)(5) and (6) of this subpart. (1) When terms used in §§ 63.132 are referred to in § 63.133(a)(2)(iii) and (12) Where § 63.152(c) and/or the through 63.148 are defined in § 63.1101, (d), the requirements in Periodic Report requirements are the definition in § 63.1101 shall apply, § 63.1063(a)(1)(ii), (2), and (b) shall referred to § 63.132 through 63.148, the for the purposes of this subpart. For apply, for the purposes of this subpart. Periodic Report requirements contained terms used in §§ 63.132 through 63.148 (7) For the purposes of this subpart, in § 63.1110(a)(4) shall apply, for that are not defined in § 63.1101, the § 63.1063(c)(2)(iv) shall apply instead of purposes of this subpart. definitions in § 63.101 and § 63.111 § 63.133(e). shall apply. (8) When § 63.143(c), (d), (e)(3) and (13) When Method 18 of appendix A (2) When the term chemical § 63.146(a) require the submission of a to part 60 of this chapter is specified in manufacturing production process unit, request for approval to monitor § 63.139(e)(1)(ii), § 63.145(d)(4), or or CMPU, is used in § 63.132 through alternative parameters according to the § 63.145(i)(2), either Method 18 or 63.148, the phrase ‘‘a process unit procedures specified in § 63.151(f) or Method 25A of appendix A to part 60 whose primary product is a product (g), the owner or operator requesting to of this chapter may be used. The use of produced by a source category subject to monitor alternative parameters shall Method 25A of appendix A to part 60 this subpart’’ shall apply, for the follow the procedures specified in of this chapter shall comply with purposes of this subpart. § 63.1108(c) or as specified in a paragraphs (a)(13)(i) and (a)(13)(ii) of (3) Owners and operators of affected referenced subpart. this chapter. sources are not required to comply with (9) When § 63.147(d) requires the (i) The organic HAP used as the § 63.132(b)(1) and (d) and § 63.138(c). owner or operator to keep records of the calibration gas for Method 25A of Further, owners and operators are daily average value of each appendix A of part 60 of this chapter exempt from all requirements in continuously monitored parameter for shall be the single organic HAP §§ 63.132 through 63.148 that pertain each operating day as specified in representing the largest percent by solely and exclusively to organic HAP § 63.152(f), the owner or operator shall volume of the emissions. listed in table 8 of subpart G of this part. keep records of each continuously (4) When the determination of monitored parameter for each operating (ii) The use of Method 25A of equivalence criteria in § 63.102(b) is day as specified in § 63.998(b). appendix A of part 60 of this chapter is referred to in §§ 63.132, 63.133, and (10) When § 63.132(a) and (b) refer to acceptable if the response from the high- 63.137, the alternative nonopacity the ‘‘applicable dates specified in level calibration gas is at least 20 times

VerDate 18-JUN-99 18:39 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\29JNP2.XXX pfrm07 PsN: 29JNP2 34956 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Proposed Rules the standard deviation of the response provided in paragraphs (c)(5) and (6) of (ii) Is a tank that receives one or more from the zero calibration gas when the this section. streams that contain water with a total instrument is zeroed on the most (1) The item of equipment is one of annual average concentration greater sensitive scale. the types of equipment identified in than or equal to 1,000 parts per million (14) When the HON recordkeeping paragraphs (c)(1)(i) through (vii) of this by weight of Table 9 compounds at an requirements for by-pass lines in section. annual average flow rate greater than or § 63.118(a)(3) is referred to in (i) Drain or drain hub. equal to 10 liters per minute. The owner (ii) Manhole (including sumps and § 63.148(f), the requirements in or operator shall determine the other points of access to a conveyance § 63.998(d)(1)(ii)(A) shall apply, for the characteristics of the stream as specified system). purposes of this subpart. in paragraphs (c)(4)(ii)(A) and (B) of this (iii) Lift station. section. (15) When the Initial Notification (iv) Trench. requirements in § 63.182(b) are referred (v) Pipe. (A) The characteristics of the stream to in § 63.148(j), the requirements in (vi) Oil/water separator. being received shall be determined at § 63.1110(c) shall apply, for the (vii) Tanks with capacities of 38 m 3 the inlet to the tank. purposes of this subpart. or greater. (B) The characteristics shall be (16) For the purposes of this subpart, (2) The item of equipment is part of determined according to the procedures § 63.148(k) shall not apply. an affected source that is subject to this in § 63.144(b) and (c). subpart. (5) When terms used in Table 35 of (b) Maintenance wastewater. The (3) The item of equipment is subpart G of this part are defined in owner or operator of each affected controlled less stringently than in Table § 63.1101, the definition in § 63.1101 source shall comply with the HON 35 of subpart G of this part, and the item shall apply, for the purpose of this maintenance wastewater requirements of equipment is not otherwise exempt subpart. For terms used in Table 35 of in § 63.105. When terms used in from the provisions of this subpart, or subpart G of this part that are not §§ 63.105 are defined in § 63.1101, the a referenced subpart. defined in § 63.1101, the definitions in definition in § 63.1101 shall apply, for (4) The item of equipment: § 63.101 and § 63.111 shall apply. the purpose of this subpart. For terms (i) Is a drain, drain hub, manhole, lift used in § 63.105 that are not defined in (6) When Table 35 of subpart G of this station, trench, pipe, or oil/water part refers to § 63.119(e)(1) or (e)(2) in § 63.1101, the definitions in § 63.101 separator that conveys water with a total and § 63.111 shall apply. the requirements for tanks, the annual average concentration greater requirements in § 63.982(a)(1) shall (c) Liquid streams in open systems. than or equal to 10,000 parts per million apply, for purposes of this subpart. The owner or operator shall comply by weight of Table 9 compounds at any (d) The compliance date for the with the provisions of Table 35 of flow rate; or a total annual average affected sources subject to the subpart G of this part for each item of concentration greater than or equal to provisions of this section is specified in equipment meeting the criteria specified 1,000 parts per million by weight of § 63.1102. in paragraphs (c)(1) through (3) of this Table 9 compounds at an annual section and either paragraph (c)(4)(i) or average flow rate greater than or equal [FR Doc. 99–13165 Filed 6–28–99; 8:45 am] (ii) of this section, with the exceptions to 10 liters per minute. BILLING CODE 6560±50±P

VerDate 18-JUN-99 12:30 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\A29JN2.010 pfrm07 PsN: 29JNP2 eDt 8JN9 81 u 8 99Jt134 O000Fm001Ft41 ft41 :F\M2JR.X fm7PsN:29JNR3 pfrm07 E:\FR\FM\29JNR3.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 18:13Jun28, 1999 VerDate 18-JUN-99 federal register June 29,1999 Tuesday Improve ProgramPerformance;FinalRule States; AdministrativeMeasuresTo Aliens inAgriculturetheUnited Temporary EmploymentofNonimmigrant Labor CertificationProcessforthe 20 CFRParts654and655 Employment andTrainingAdministration Department ofLabor Part III 34957 34958 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 /Rules and Regulations

DEPARTMENT OF LABOR that OMB has approved these Attorney General may not approve a information collection requirements petition from an employer for Employment and Training under the Paperwork Reduction Act of employment of nonimmigrant farm Administration 1995. workers (H–2A visa holders) for FOR FURTHER INFORMATION CONTACT: temporary or seasonal services or labor 20 CFR Parts 654 and 655 Denis M. Gruskin, Senior Specialist, in agriculture unless the petitioner has applied to the Secretary of Labor for a Labor Certification Process for the Division of Foreign Labor Certifications, labor certification showing that: Temporary Employment of Employment and Training Administration, 200 Constitution (A) There are not sufficient U.S. Nonimmigrant Aliens in Agriculture in workers who are able, willing, and the United States; Administrative Avenue, NW., Room N–4456, Washington, DC 20210. Telephone: qualified, and who will be available at Measures To Improve Program the time and place needed to perform Performance (202) 219–5263 (this is not a toll-free number.) the labor or services involved in the RIN 1205±AB19 petition; and SUPPLEMENTARY INFORMATION: (B) The employment of the alien in AGENCY: Employment and Training I. Introduction such labor or services will not adversely Administration, Department of Labor. affect the wages and working conditions ACTION: Final rule. On October 2, 1998, ETA published in of workers in the United States similarly the Federal Register a Notice of employed. [8 U.S.C. SUMMARY: The Employment and Proposed Rulemaking (NPRM) which Training Administration (ETA) of the 1101(a)(15)(H)(ii)(a), 1184(c), and 1188.] proposed five amendments to ETA’s The Department of Labor has Department of Labor (DOL or regulations at 20 CFR part 655, subpart published regulations at 20 CFR part Department) is publishing a final rule B, relating to the temporary employment 655, subpart B, and 29 CFR part 501 to amending its regulations relating to the of nonimmigrant agricultural (H–2A) implement its responsibilities under the temporary employment of workers in the United States. 63 FR H–2A program. Regulations affecting nonimmigrant agricultural workers (H– 53244 (Oct. 2, 1998). The NPRM employer-provided agricultural worker 2A workers) in the United States. The proposed five regulatory changes housing are in 20 CFR part 654, subpart final rule makes three substantive pertaining to: (1) The time limits for E, and 29 CFR 1910.42. changes to the current regulations. One housing inspections; (2) time limits for It was noted in the NPRM that some change reduces the time that an filing labor certification applications; (3) recent H–2A program changes were application for temporary agricultural a possible exception from using certain made to enhance effectiveness and labor certification must be filed from 60 Farm Labor Contractors (FLC’s); (4) efficiency while maintaining worker days to 45 days before the date the elimination of the requirement that protections by administrative directives employer needs agricultural workers. employers notify the local job service in the form of Field Memoranda (FM) Another change provides employers office in writing of the date the H–2A issued by the ETA national office to its with the option of having the housing workers depart for the employer’s place 10 Regional Administrators (RA’s). (The inspected as late as 20 days before the of business; and (5) transfer of the RA’s make determinations on H–2A date of need. The third substantive responsibility for approving H–2A visa labor certification applications and change modifies the requirement that petitions for workers coming from provide functional guidance to the State employers notify the local State outside of the United States (U.S.) to Employment Security Agencies (SESA), Employment Security Office, in writing, DOL from the INS Commissioner. This which administer the H–2A program of the exact date on which the H–2A document adopts final regulations under 20 CFR part 655, subpart B— workers depart for the employers place involving the time limits for housing Labor Certification Process for of business. inspection and filing applications, and Temporary Agricultural Employment in The proposal to provide a limited the requirement that employers notify the United States.) These administrative exception from the requirement to use the local employment service office of changes are summarized herein for the certain Farm Labor Contractors as a the date the H–2A workers depart for convenience of interested parties. source of workers has been narrowed so the employer’s place of business. Administrative changes made by FM that it can be implemented in a manner Another proposed change relating to an 17–9, issued January 6, 1997, Subject: that does not require a change to the exception from using certain FLC’s is Improvements in H–2A processing, current regulations. A fifth proposed being adopted, in part, in a manner that included: change to transfer visa petition can be implemented under current • Clarifying under what conditions adjudication authority for workers regulations. The Department will take U.S. workers are considered to be outside of the United States from the appropriate action to finalize the ‘‘available’’ and thus may be counted to Immigration and Naturalization Service transfer of petition authority if INS fully or partially deny H–2A positions (INS) to DOL remains open as it is the concludes such transfer is appropriate at requested on employers’ labor subject of parallel notice-and-comment the completion of its rulemaking. certification applications. Only those rulemaking by INS. U.S. workers who are identified by II. Statutory Standard and DATES: This final rule is effective July name, address, and social security Implementing Regulations 29, 1999. Affected parties do not have number can be counted to reduce the to comply with the information The decision whether to grant or deny number of H–2A workers requested by collection and recordkeeping an employer’s petition to import an employer; requirements in § 655.106(e)(1) until the nonimmigrant farm workers to the • Emphasizing that regional offices Department publishes in the Federal United States for the purpose of should use discretion in reducing the Register the control numbers assigned temporary employment is the number of certified positions requested by the Office of Management and responsibility of the Attorney General’s as a result of ‘‘last minute’’ Budget (OMB) to these information designee, the INS Commissioner. The replacements of recruited U.S. workers collection requirements. Publication of Immigration and Nationality Act (INA) where historical records of similar last the control numbers notifies the public (8 U.S.C. 1101 et seq.) provides that the minute referrals, or other information,

VerDate 18-JUN-99 18:13 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR3.XXX pfrm07 PsN: 29JNR3 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 /Rules and Regulations 34959 indicate the likelihood that a proportion majority of employers, or a majority of resources. The Department believes, as of the referred workers would not make the employees in the local area and discussed in greater detail below, that themselves available for work; occupation; the amendments adopted are balanced. • Clarifying positive recruitment • Imposing user fees that recover the The amendments serve to streamline the requirements of U.S. farm workers in true cost of the H–2A program; H–2A program and can help improve areas where there are credible reports of • Eliminating the 50 percent rule, operations without weakening worker ‘‘a significant number of qualified U.S. which requires employers to hire any protections. Further, as stated in the workers, who, if recruited, would likely qualified U.S. worker who applies until preamble, this rulemaking represents be willing to make themselves available 50 percent of the work contract, under one step towards implementing changes for work at the time and place needed,’’ which the foreign worker was hired, has to improve H–2A program operations. thereby targeting recruitment efforts by elapsed. The Department will consider the issues • employers and SESA’s to those areas Requiring withholding and placing raised by various studies of the H–2A most likely to produce qualified and in escrow sufficient funds from H–2A program, as well as the available U.S. workers; workers’ wages so that they can pay for recommendations made by the • Encouraging routine posting of their return transportation home if they commenters on the NPRM, in a future approved agricultural job orders on do not fulfill their contracts. rulemaking effort to improve the America’s Job Bank in view of the The above suggestions are outside the operation of the H–2A program. increased use of this resource on the scope of the proposed rule. B. Comments About the Proposed part of employers and U.S. workers. Consequently, they are not addressed in FM Number 22–98, issued April 14, this document but may be considered by Regulatory Changes 1998, Subject: Clarification of the Department in a future rulemaking The comments received on the Transportation Requirements Home, regarding the H–2A nonimmigrant specific regulatory proposals in the reaffirmed and clarified the regulatory program. Similarly, comments NPRM and the Department’s response to provisions which allow H–2A workers concerning administrative ( i.e., non- the comments are discussed below. regulatory) changes in the H–2A to move from one certified employer to 1. Time Limits for Employer Provided another and the requirement placed on program are not addressed in this document, but will be considered by the Housing To Be Available for Inspection the final H–2A employer to pay for (or Department in making administrative (§ 654.403) provide) the worker’s transportation changes that can be implemented home. Several comments were received on without amending the H–2A regulations the proposal to reduce the time by III. Comments on Proposed Rule and at 20 CFR part 656, subpart B. which housing that will be provided to the Department’s Response The FJF strongly opposed the a worker must be available for proposed rule and urged that it be A. Comments on Proposed Rule inspection, from 30 to 15 days prior to withdrawn. According to the FJF, the occupancy. Inspections are performed Thirty-six comments were received on proposal is arbitrary and capricious by State agencies in most cases. See 20 the proposed rule. The largest number because it allegedly ignores numerous CFR 653.501(d)(2)(xv) and 20 CFR of comments—15—were received from studies concluding that the Department 654.400 et seq. State agencies. After the State agencies, has not adequately implemented worker Congressman Howard Berman and the largest number of comments were protections under the H–2A program, several worker advocates objected to the received from worker advocates and and it ignores recommendations that proposal on several grounds. The major employer organizations, which have been made by such studies to issues raised by those comments submitted 8 and 5 comments, improve worker protections. The FJF include: respectively. The Farmworker Justice enumerated a variety of • State agencies do not always make Fund (FJF) indicated that its comments recommendations made and issues timely inspections and shortening the were supported by 32 listed identified by the studies cited in its lead time to conduct housing organizations. Comments were received comments. Moreover, addressing the inspections will inevitably lead to some from the American Immigration recommendations and issues cited by needed repairs not being made. Lawyers Association (AILA) and two the FJF, as well as the many other • The Office of Inspector General’s private attorneys. Comments were also recommendations made by other (OIG) report concluded, in relevant part, received from Congressman Howard commenters would require a much more that DOL has certified employers to Berman of California, ETA’s Regional comprehensive assessment of the H–2A receive H–2A workers despite lacking Office in Chicago, one monitor program and extensive consultation documentary proof that housing advocate, and one member of the with all stakeholders, which—while inspection had occurred. The OIG general public. such a process has been taking place in finding is consistent with reports that Many commenters, in addition to other fora—is outside the scope of this some H–2A housing is not inspected in commenting on the specific regulatory rulemaking. a timely fashion and that H–2A housing proposals contained in the NPRM, As indicated in the preamble to the does not comply with basic housing offered a number of additional NPRM, the primary purpose of the standards. suggestions for modifying the H–2A proposed regulatory amendments was to • The untimely inspection and repair program. These suggestions included, implement certain changes growing out of farmworker housing will worsen as but were not limited to: of a dialogue among the Departments of the H–2A program continues to grow, • Repealing the adverse effect wage State (DOS), Justice (INS), Agriculture, since funding for inspections will not rate (AEWR); and Labor to streamline the H–2A keep pace with the increased need. The • Increasing the AEWR by 20 percent; program and address complaints raised H–2A program has been expanding to • Eliminating the current definition by some users of the program without new States and crop areas during the of ‘‘prevailing practice’’ which is based weakening worker protections. Such an last three years and is expected to on the practices of a majority of effort is particularly important in an continue its growth. employers and employees, and environment characterized by program Employer organizations favored the replacing it with one based on either a growth and stable or declining proposal to reduce the lead time worker

VerDate 18-JUN-99 12:33 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A29JN0.148 pfrm07 PsN: 29JNR3 34960 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 /Rules and Regulations housing must be available for inspection • Other states objected to the that housing will be in full compliance prior to occupancy, and assumed that proposal based on resource before it is occupied will make it more the proposed shortened deadline for considerations. With the limited difficult for State agencies to perform housing inspections would allow resources available, a shorter time frame timely housing inspections. certifications to be issued even if would make it more difficult for States Lastly, one commenter questioned housing inspection was still pending. to inspect and approve housing prior to what would happen if—with a The National Council of Agricultural occupancy. Two States pointed out that shortened lead time—the employer’s Employers (NCAE) stated that if they only had one person available to housing is found deficient after certification is delayed while housing conduct housing inspections; another certification, and called upon the inspections are still pending, the indicated that normally only one person Department to spell out what happens proposed amendment would have little is available to conduct 150 housing in such circumstances. The commenter ‘‘real impact on H–2A users.’’ NCAE inspections. urged that the employer simply be given recommended that the regulations be • One State pointed out that an opportunity to correct and cure any amended to clarify that housing inclement weather conditions during deficiency before the date of need. inspection is not required prior to the winter months requires rescheduling After carefully reviewing all the certification. of housing inspections in remote areas. comments, the Department continues to Two large employer organizations— The proposed 15-day time frame would be of the view that employers should NCAE and the American Farm Bureau make it difficult for inspections to be have the option of having the housing completed in a timely fashion. inspected at a date considerably later Federation (AFBF)—expressed • considerable concern about the Many employers do not request than under the current regulations. At increasing difficulty employers face in housing inspections in a timely manner. the same time, however, the Department • Inspection 15-days before obtaining timely housing inspections. has given careful consideration to the occupancy may not provide adequate The NCAE indicated that this problem interrelationship between housing time for employers to correct has grown worse in recent years with inspection and the certification process, deficiencies in their housing. and has concluded that housing must growth in the H–2A program and its Four States were in favor of the expansion into States where H–2A pass inspection before certification can proposal to shorten the lead time for be granted. See 8 U.S.C. 1188(c)(4). certification has not been sought in conducting housing inspections. One Therefore the Department has recent years. The NCAE further stated State maintained that the shorter time concluded that the latest date by which that it appears that many states have an frame would allow more flexibility for employers must assure that the housing extremely limited number of personnel its field staff to work with employers will be in full compliance with who are capable of performing housing and that the ‘‘relaxing’’ of the regulation applicable standards pursuant to inspections. Although the NCAE ‘‘still provides the same level of § 655.403(a)(3) can be no later than 20 supported reducing the application protection for U.S. workers.’’ days before the date of need—i.e., the time, it strongly urged that DOL The ETA Chicago Regional Office date on which certification must inventory the housing inspection expressed great concern about reducing ordinarily be granted. An employer resources available in the State agencies the time limit for inspection prior to whose housing fails to pass an to assure that there are qualified occupancy, because there would be no inspection conducted on or before the inspectors available to make inspections way to guarantee that housing will be in 20th day prior to the date of need will in a timely manner. full compliance with requirements have the 5 days provided for in Both the NCAE and AFBF before certification is granted. § 655.403 (e) to correct the deficiency recommended conforming the H–2A The Department indicated in the and the certification will be delayed for housing inspection requirement to that NPRM that one reason for reducing the that period, if necessary. If, on the other for all other migrant and seasonal lead time for conducting housing hand, the state agency did not timely agricultural workers in the regulations inspections was the commonly inspect the housing (i.e., by 20 days implementing the Migrant and Seasonal expressed concern among employers in before the date of need), at no fault of Agricultural Worker Protection Act Northern States that a 1-month lead the employer, the Department will delay (MSPA) at 29 CFR 500.135. They time was unrealistic for employers that certification until the housing has been contend such a change would address need workers in March or April. It was inspected and the employer has had an the problem faced by employers in also stated in the NPRM that local opportunity to remediate any obtaining timely housing inspections. employment security agency staff have deficiencies discovered. The MSPA regulations require that had difficulty inspecting employer- The Department notes that the housing be approved prior to provided housing in Northern States. 63 employer must notify the SESA ordering occupancy. They also provide that if the FR at 53245. Only two comments office at least 10 working days before employer has made a timely request for directly addressed these issues. the date of need, pursuant to 20 CFR an inspection, and the inspection has Massachusetts indicated that it does not 653.501(d)(2)(v)(D), if workers are no not been made, the employer may house have a problem in inspecting housing in longer needed or if the date of need has workers without inspection, provided late winter or early spring. The State’s changed or else face liability to U.S. that the housing is in full compliance records show that employers with workers for housing and the first week’s with applicable regulations. employment needs during late winter or pay. U.S. workers in turn are required Nine State agencies objected to the early spring normally maintain their pursuant to 20 CFR 653.510(d)(2)(v)(B) proposal to shorten the lead time for housing facilities in conformity with the to contact a local job service office 5 to housing inspections. The major points required standards and have always 9 working days before the date of need they made include: been inspected in a timely manner. As to determine if the employer’s needs • Several States objected to the noted above, another state, pointed out have changed. This allows workers to proposal because it would allow that inclement weather frequently commence travel to the jobsite, or to certification to be issued before the causes housing inspections to be find alternative employment if the work employer’s housing was inspected and rescheduled and opined that reducing is no longer available. It therefore is approved. the lead time the employer has to assure important that the housing be timely

VerDate 18-JUN-99 12:33 Jun 28, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A29JN0.150 pfrm07 PsN: 29JNR3 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 /Rules and Regulations 34961 inspected so that the local office is able recruitment must continue until the of need. According to the California to advise workers if it becomes date the foreign (H–2A) workers depart State Agency, the shorter lead time necessary to deny the certification for the employer’s place of work. would increase the possibility of because the housing is not in • Employers do not always hire locating U.S. workers who can commit compliance with the applicable workers referred to them pursuant to the to the job and it also would be beneficial standards. 50-percent rule. to employers ‘‘who may not know their The Department is of the view that • The proposal is inconsistent with exact staffing needs or start date until rather than allow State agencies less the recommendations of the General closer to the time the work needs to be time in which to schedule inspections, Accounting Office (GAO). Although the done.’’ The Kentucky State agency this modification actually provides a GAO report suggested that the commented that ‘‘(s)uccessfully longer window. The Department Department could reduce from 60 to 45 recruiting any U.S. workers can be anticipates that in areas where housing days the time applications have to be achieved through the Agriculture inspections take longer to schedule, submitted prior to the date of need, it Recruitment System in 30 days if supply employers will continue to provide also stated that such a reduction should states and demand states coordinate early notice to State agencies to ensure only be made if the statutory specific efforts towards identified that inspections are conducted timely. requirement that certifications be issued populations.’’ Accordingly, the Department has 20 days before the date of need is Two states were against reducing the modified § 654.403 to require that reduced to 7 days. lead time for filing and processing employers assure housing will be in full • The proposal is inconsistent with applications. The Idaho State agency compliance no later than 20 calendar the regulatory requirement at § 655.105 noted that the full 60 days is needed days before the date of need. The (a)(2), which requires that H–2A because applications are not filled out Department intends to issue employers engage, at a minimum, in the properly when received. The administrative guidance concerning the kind and degree of recruitment efforts to Massachusetts State agency indicated operation of this modification. secure U.S. workers that they made to that the shorter time frame will obtain H–2A workers. adversely impact on State agencies’ 2. Reduction in Lead Time To File Labor Employer organizations supported the Certification Applications (§ 655.101(c)) ability to conduct effective recruitment, reduction in the required lead time to especially in regions where master The proposal in the NPRM to reduce file applications. However, they orders are used. the deadline for filing applications from recommended that the lead time to file Two other states also commented. The 60 to 45 days before the date of need applications be reduced by more than New Jersey State agency indicated that was strongly opposed by the FJF, other suggested by DOL. the reduction in time to process worker advocates, and Congressman The NCAE, for example, maintained applications should not be a problem if Howard Berman. Their major reasons that it is the experience of H–2A users there are adequate staff at DOL to for objecting to the proposal include: that most U.S. workers make themselves respond to the applications when they • There has been no showing that a available shortly before, or after, the are received. The Nevada State agency change in the lead time to file certification date. Furthermore, since noted that the proposal provides applications is justified. Agricultural under current regulations all qualified employers with more flexibility in growers know well in advance their U.S. workers who apply to the employer recruitment of agricultural labor, planting and harvesting schedules. must be hired until 50 percent of the particularly with regard to crops that are Indeed, for decades, growers throughout anticipated period of work (the contract more sensitive to weather conditions. At the eastern United States were able to period) has elapsed, no qualified U.S. the same time, the proposal may allow estimate these needs a full 80 days in worker would be denied a job even if employers to be less organized in the advance. the deadline for applications were planning and execution of their • The time available for interstate and reduced to 40 or even 30 days before the application. The Nevada State agency positive recruitment of U.S. workers date of need. The New England Apple concluded by stating that because of the would be unreasonably shortened if the Council (NEAC) maintained that the way applications are prioritized and proposal is implemented. Interstate ‘‘lag time’’ between recruitment and processed in Nevada, processing times recruitment does not begin until the start of work produces more ‘‘no shows’’ would remain relatively constant application is accepted for of workers than any other reason. regardless of filing deadlines. consideration by DOL. It can take 7 days The Florida Fruit and Vegetable A monitor advocate who commented for the DOL’s regional office to review Association (FFVA) stated that for opined that the lead time to file and the employer’s application, and the several vegetable crops which are process applications should be employer has another 5 days to correct greatly influenced by weather and other expanded. This time should not be less deficiencies. With a shortened lead production uncertainties, a 45-day lead than 60 days to enable employers to time, this would place the beginning of time may still be too far out to access all local resources in attracting the interstate recruitment at the 33rd determine a crop’s maturity rate. and identifying a ‘‘sufficiently large day prior to the date of need and just 13 Comments submitted by State labor force.’’ days before the date for labor agencies regarding the proposal to The ETA Chicago Regional Office certification. If DOL does not review shorten the lead time for filing commented that reducing the time limit applications in a timely manner, as is applications were mixed. Four States to file labor certifications did not leave often the case, there could be 10 days or supported the proposal, indicating that enough time for the State agencies to less of interstate recruitment of migrant the proposed change would not have an recruit adequately in view of all the workers prior to the date of certification. adverse impact on U.S. workers. Two of administrative steps that must be • Congress insisted that H–2A labor these States indicated that the deadline completed before States can conduct certification be based on proof that there for filing applications should be recruitment. is an actual labor shortage, following a reduced to less than 45 days. The Some commenters also indicated that meaningful test of the labor market. California State agency recommended the employers should still be able to file Accordingly, it is not sufficient to rebut that the deadline for filing applications labor certification applications more that the regulations provide that be reduced to 30 days prior to the date than 45-days prior to the date of need

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Nevertheless, ETA intends if necessary. reduction in the time allowed for to be vigilant of employers’ compliance With respect to the time limit for interstate recruitment, since the with the ‘‘50-percent rule’’, with filing applications, the Department has application has to be certified 20 days violations addressed through the decided, after reviewing all of the before the day the employer first needs imposition of appropriate sanctions. diverse comments, to implement the agricultural workers. With respect to proposal to reduce the lead time for meeting the 7-day deadline for 3. Exception From Using Farm Labor filing H–2A labor certification reviewing applications, ETA intends to Contractors (§ 655.103(f)) applications from 60 to 45 days before increase its monitoring of regional The majority of comments opposed the first date the employer estimates offices to improve its performance in the proposal to provide a limited that H–2A workers are needed. The meeting this statutory and regulatory exception from the requirement to use regulation will provide growers with requirement. See 20 CFR 655.101(c)(1); farm labor contractors (FLC’s) when it is increased ability to more precisely and 8 U.S.C. 1188(c)(2). the prevailing practice in an area and estimate the need for workers. The With respect to the 5 days allotted for occupation for non-H–2A employers to Department has concluded, for the employers to submit amended use such contractors as a recruitment reasons discussed below, that reducing applications in response to deficiencies source for U.S. workers and to the lead time for filing H–2A labor noted by the regional office, ETA compensate them with an override. This certification applications will not have intends to strictly enforce the regulatory exception would have applied if a a significant adverse impact on the requirement at § 655.101(c)(2). This particular FLC has a demonstrated recruitment of U.S. workers. The final provides, in relevant part, that when history of using undocumented aliens or rule, at § 655.101(c)(3), continues to ETA has formally notified an applicant serious labor standard violations. encourage employers to file in advance of any deficiencies, any time needed to Congressman Berman and worker of the required filing date, and no obtain an application acceptable for advocacy organizations were strongly change is made in the regulation for consideration after the 5-calendar opposed to the proposal. They indicated emergency applications at period allowed for an amended that such an exception would reduce § 655.101(f)(2), which refers to application will postpone the the use of FLC’s which are an important agricultural employers who have not certification decision day-for-day recruitment source for U.S. made use of H–2A agricultural workers beyond the 20 calendar days before the farmworkers. The FJF maintained that for the prior year’s agricultural season. date of need. This will lessen recent studies show that an increasing As noted in the preamble to the considerably the possibility that the percentage of U.S. farmworkers and NPRM, the overwhelming majority of period of interstate recruitment prior to most guest workers are hired through qualified U.S. workers do not apply and the date the application is certified will labor contractors. Both Congressman make a commitment to temporary be unduly abbreviated. Berman and the FJF maintained that in agricultural employment earlier than 45 Most importantly, notwithstanding California it is estimated that between days before their services are required. comments to the contrary, it is one-half and two-thirds of seasonal The Department does not believe that important to recognize that recruitment farmworkers are hired through this is generally attributable to the fact, continues considerably past the date a crewleaders—many of whom also as some commenters indicated, that labor certification application is transport, house, pay, and supervise DOL regional offices may spend 12 certified. Positive recruitment days, or more, in processing conducted by the employer must workers in the fields. applications before they are accepted for continue until the time the H–2A Objections to the proposal by worker consideration and placed into interstate workers depart for the employer’s place advocates include: • clearance. Furthermore, the majority of of employment, and recruitment The provision that employers need applications filed on behalf of H–2A through the interstate clearance system not use an FLC on the Wage and Hour agricultural workers are by repeat users continues until 50 percent of the work Division’s (WHD’s) list of contractors of the H–2A program. Most such contract under which the H–2A workers whose certificates have been revoked is employers are well versed in program were hired has elapsed. Under the ‘‘50- redundant with current law under requirements, policies, and procedures; percent rule,’’ which refers to half the MSPA and unnecessary. Employers are consequently, their applications can be time accounted for by the total period of prohibited by law from contracting with accepted for consideration and placed the contract, the employer must an FLC whose licenses has been revoked into the Agricultural Recruitment continue to provide employment to any and not reinstated. System with minimal review. qualified, eligible U.S. worker who may • The complaint provision proposed H–2A labor certification applications apply. In addition, the employer must provides no due process rights are filed simultaneously with the local offer to provide the U.S. workers with permitting FLC’s to challenge the employment service office and the ETA housing and the other benefits, wages, evidence submitted by State agencies. regional office. The local office begins to and working conditions provided to H– • The proposed rule could put some conduct local recruitment when it 2A workers. See 8 U.S.C. 1188(b)(4), and FLC’s out of business and deny jobs to receives the application from the 20 CFR 655.102, 655.103(d), 655.105(a), U.S. workers who are associated with employer whether or not it has been and 655.106(e). contractors who have been ‘‘sanctioned’’ accepted for consideration by ETA’s As noted above, some commenters by the INS for hiring unauthorized regional office. 20 CFR 655.101(c)(2). indicated that employers do not always immigrants or who have violated labor As stated above, some commentators hire U.S. workers referred to them laws. The Department should not use noted that it can take longer than the pursuant to the ‘‘50-percent rule.’’ See this rulemaking process to impose allotted 7 days for regional offices to 20 CFR 655.103(e). However, no additional ‘‘punishment’’ on businesses review H–2A labor certification evidence to support these claims was because affected U.S. workers would be applications, and that employers may submitted to the Department. unduly harmed.

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• The proposal may lead to workers lists if the employer can document that laws or to refuse to register such an FLC being ‘‘doubly punished’’ and the FLC ‘‘has a history of employing or (29 CFR 500.51(g)). The Department discouraged from filing complaints. If a providing a substantial number of intends to obtain from the INS the list worker complains about abusive workers who do not have the of those FLC’s who have been found in practices of an FLC, such as authorization to work in the U.S. or a violation of Section 274A(a) of the INA, nonpayment of wages, the worker may substantial history of labor violations’’ either by hiring, recruiting, or referring see wages go unpaid and then lose is impractical on several grounds. These an alien, knowing the alien was future work because of the secondary grounds include: unauthorized to work; or by employing consequences of the complaint. • It is unlikely that growers would be a person without first verifying the • An H–2A grower which may have able to assemble the documentation on person’s identity and employment hired unauthorized workers and the FLC required to support a credible authorization. Therefore, the final rule violated labor laws would still receive complaint; needs to make no change to the • Government approval to hire H–2A There is no protection for the regulation at § 655.103(f). The workers; yet, an FLC could be barred, at employer from retaliation by the FLC; Department is not implementing its the grower’s initiation, from supplying DOL would be creating a procedure in proposal to provide a new means for lawful U.S. workers to that same U.S. which the employer could incur legal employers to challenge the requirement employer. liability by making the complaint; and to use an FLC the employer believes • • The proposal is particularly The complaint procedure is flawed, may have violated immigration or labor troubling in that it allows an FLC who convoluted and ignores the reality of the laws. Employers must attempt to secure is barred as a contractor supplying U.S. hiring procedure. workers through registered FLC’s and to The NCAE recommended that, if the workers to apply for H–2A labor compensate them with an override for Department is truly concerned about certifications. their services when it is the prevailing • helping employers avoid hiring persons The proposal could be subject to practice in the area for non-H–2A not authorized to work in the United manipulation and harmful to workers. agricultural employers to use FLC’s. States, it should take appropriate An employer could bring a complaint However, no H–2A grower-applicant against an FLC who has a large number measures to assure that the workers the may or will be required to use any FLC of available U.S. workers to avoid hiring State agencies refer are authorized to included on WHD’s list of contractors U.S. workers. work before referring them. It is the The employer organizations also experience of users of the H–2A whose certificates have been revoked, objected to the proposal to provide an program that a substantial and growing including those certificates which are exception from using certain FLC’s. The number of the persons referred as ‘‘U.S. revoked because of violations of the NCAE pointed out, as did the worker workers’’ to H–2A applicant employers immigration laws. The Wage and Hour advocates, that the provision in the are, in fact, workers with fraudulent Division publishes a list of ineligible proposal permitting H–2A applicants to documents or, in some cases, no FLC’s, which is also available at its web refuse to engage FLC’s who are on documents at all. site at: http://www.dol.gov/dol/esa/ public/regs/statutes/whd/ WHD’s list of contractors whose The comments submitted by State l certificates have been revoked adds no agencies on the proposal to provide an mspa debar0399.html. Thus, the new protections for H–2A employers. exception to permit employers not to Department’s proposal is being Under the MSPA regulations at 20 CFR use certain FLC’s were mixed. The narrowed and can be implemented 500.71, employers are already thrust of the comments submitted by under existing regulatory authority. prohibited from engaging such three States appeared to be that the 4. Elimination of Requirement To contractors. current regulation pertaining to FLC’s as Provide Notice of the H–2A Workers’ The NCAE also maintained that the a recruitment source should be Departure Date (§ 655.106(e)(1)) provision that H–2A employers would eliminated. On balance the State not be required to employ farm labor agencies of Arizona and Ohio appeared Diverse comments were received on contractors on a list of contractors to be against the proposal. The the proposal to eliminate the sanctioned by INS is meaningless, Kentucky state agency stated that the requirement that employers notify the because INS does not maintain such a proposal is a common-sense approach to local employment service office, in list. NCAE contends that although INS a growing concern on the part of writing, of the exact date the H–2A district or regional offices may have employer’s and the State employment workers depart for the employer’s place such lists, all offices may not have such security staff and should be of employment, and substitute a lists, and to the extent such lists exist, implemented. provision deeming that the workers they would include all employers The one monitor advocate who departed on the day immediately sanctioned by that INS district and submitted comments supported the preceding the date of need. The would not be limited to FLC’s. The lists proposed amendment that provided an Department stated in the preamble to are not aggregated in one spot and the exception to using certain FLC’s as a the NPRM that program experience lists that do exist are not routinely recruitment source. indicates that the H–2A workers usually disseminated to the public as is the DOL After reviewing all the comments depart for the employer’s place of FLC list. NCAE contended that the only received on the proposed amendment to business the day before they are needed. apparent way an employer could avail provide an exception to using certain Worker advocates objected to itself of this regulatory provision is to FLC’s, the Department has concluded eliminating the requirement that contact each INS district office and that there are indeed serious due employers notify the local office of the request its list of employers which have process concerns about potentially H–2A workers departure dates because: been sanctioned for violations of stigmatizing FLC’s who have not had an • There is no evidence that the immigration laws and search each list opportunity to challenge allegations of current regulation imposes an excessive for the names of contractors. wrongdoing in an adjudicatory burden on growers utilizing the H–2A According to the NCAE, the provision proceeding. Further, the Department has program; in the proposal to permit employers not legal authority to revoke the licence of • Such change should not occur until to use FLC’s not on the WHD or INS an FLC who has violated immigrations DOL addresses workers’ needs; and

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• Although the proposed change Two States indicated that eliminating improving administration of the appears innocuous, it is likely to harm notice of the departure date would have program. U.S. workers. For example, a nursery no adverse impact on U.S. workers. A AILA and two attorneys opposed the that was certified for H–2A workers to fourth State viewed the proposal as proposal to transfer the adjudication of begin employment on October 15, 1998, positive, since it does not affect the visa petitions to the Department. They did not start employing its H–2A employer’s requirement of notifying the cited the lack of DOL’s experience in workers until November 15, a full order-holding office of changes in the adjudicating visa petitions, that training month later. The required notification date of need. This State also noted that DOL personnel in visa petitioning issues enabled the local office to determine the it has had problems with H–2A and procedures would be duplicative of appropriate dates for administering the employers notifying it of departure the training INS adjudicators already 50-percent rule and advise job dates, but it can still meet with the H– receive on these issues, that DOL does applicants accordingly. 2A workers after the date of need to not have the resources or personnel to The NCAE supported eliminating review the job order and the adjudicate visa petitions, and that they notice of the departure date, but employment service complaint system. believe it is doubtful that DOL could be disagreed that workers typically depart In light of the above comments any more efficient than INS in the day before the employer’s date of regarding departure date notification, processing H–2A visa petitions—in fact, need. The NCAE maintained that ETA has concluded that its original because of the lack of personnel familiar typically for workers to obtain their proposal to eliminate the requirement to with the issues, as well as the budgetary visas, travel to the employer’s place of notify of the departure date at problems experienced by ETA in employment, and be settled and ready § 655.106(e) should be modified to immigration-related processing, they for work on the date of need, they must provide that ETA and the SESA shall contend it is likely to be worse. depart at least 3 days before the date of deem the date of departure to be the Further, AILA and one attorney need. NCAE recommended that DOL third day before the first date of need. pointed out that it is impossible to know how delegation will work without deem 3 days before the date of need as If the workers depart on or before the seeing specifics of a rule implementing the departure date. Furthermore, since date of need, no notice to the SESA will the proposed delegation. The AILA workers’ departure dates may be even be necessary. However, employers will suggested that, if the proposed transfer earlier, depending on where they are have the option of advising the SESA if of adjudication of visa petitions to DOL coming from, it recommended that DOL workers depart earlier. In all cases, an goes forward, it should be published in continue to allow employers to notify employer’s obligation to positively the Department of the date on which the Federal Register for comment. recruit continues until the actual date of The NCAE expressed ‘‘grave’’ their workers depart if it is more than departure. 3 days before the date of need. concerns about any interim procedures One attorney supported eliminating If the workers do not depart by the that might be established to process H– notice of the departure date because it date of need, the employer must notify 2A visa petitions. It noted the interim is extremely burdensome to employers, the SESA. Such notice shall be in procedures were not described in especially when the employer has many writing, or orally, confirmed in writing, sufficient detail to permit an analysis of H–2A workers who do not always and must be made as soon as the whether they, in fact, will be more depart for the employer’s place of employer knows that the workers will streamlined and save time, or whether business at the same time. not depart by the first date of need, but they might have the opposite effect. It Divergent comments were submitted in no event later than the date of need. also opined that the bottleneck in the by State agencies on this proposal. At the same time the employer shall current system is not the INS but the Three States commented that the notify the SESA of the workers’ DOL. The only way to save time and requirement for notification of the expected departure date, if known. No increase the probability of timely arrival departure date should not be additional notification will be necessary of workers is if the employer is eliminated. One of these States unless the employer either did not permitted to include a completed visa maintained that the change will harm inform the local office of the expected petition in the same submission as the U.S. workers, as on numerous occasions departure date or the workers in fact did labor certification application, and if the H–2A workers have departed up to 15 not depart by the expected date. issuance of the labor certification and days after the date of need. Another This modification should address the approval of the visa petition are done in State also pointed out that the contract concerns of employers that workers one action. period must also be determined for the more commonly depart three days The NCAE concluded its comments purpose of determining whether the before the date of need, while allowing by stating it strongly supported efforts to employer must provide or pay for the flexibility if they do not depart on streamline the H–2A paperwork worker’s transportation and daily exactly that day or if employers wish to process. Combining the temporary labor subsistence from the place of advise of an earlier departure date. In certification application and visa employment to the place from which addition, this modification should petition into a single document, which the worker came to work for the address the concern expressed by is acted upon at the time of certification employer. A third State indicated that worker advocates groups that on and immediately transmitted to the notification of the departure date is occasion workers depart long after the consulate or port of entry, could result helpful in scheduling field checks, stated date of need, as well as the in a significant improvement. Before which is important to ensure that concern of States regarding their need to undertaking this change, however, DOL information is collected timely and for know the date of departure. should propose the precise regulations and procedures under which it intends each employer, each crop and for each 5. Transfer of Adjudication of Visa to operate, and, at the same time, the activity of those crops. Petitions Four State agencies supported INS should propose its regulations so eliminating the requirement of Worker advocates indicated that there both proposals can be evaluated notification of the H–2A workers’ should be no transfer of adjudication of together. Until this can be done, NCAE departure date. One State noted that the H–2A visa petitions from INS to DOL, stated that it strongly objects to the requirement is currently being ignored. absent a comprehensive approach to proposed change and recommended that

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List of Subjects visa petitions be withdrawn from the However, this rule is not an 20 CFR Part 654 rulemaking effort at this time. ‘‘economically significant regulatory The NEAC and the AFBF also action’’ which requires an economic Agriculture, Employment, expressed concerns similar to the NCAE analysis because it will not have an Government procurement, Housing regarding the transfer of the economic effect on the economy of $100 standards, Labor, Migrant labor, adjudication of the visa petition million or more or adversely affect in a Unemployment. function to DOL; only the FFVA material way the economy, a sector of 20 CFR Part 655 approved of this proposal. the economy, productivity, competition, Three State agencies supported jobs, the environment, public health or Administrative practice and transferring adjudication of H–2A visa safety, or state, local, or tribal procedure, Agriculture, Aliens, petitions to DOL from the INS as it governments or communities. Crewmembers, Employment, would result in reducing the time Enforcement, Forest and forest products, needed for employers to obtain foreign Regulatory Flexibility Act Guam, Health professions, Immigration, workers. Four States indicated that visa When the proposed rule was Labor, Longshore work, Migrant labor, petitioning authority should not be published, the Department notified the Nurse, Penalties, Registered nurse, transferred to DOL, unless additional Chief Counsel for Advocacy, Small Reporting and record keeping funding is made available to the Business Administration, and made the requirements, Specialty occupation, regional offices to adjudicate the visa certification pursuant to the Regulatory Students, Wages. petitions. The Ohio State agency Flexibility Act at 5 U.S.C. 605(b), that Final Rule ‘‘guardedly’’ agreed with the change the rule would not have a significant Accordingly, parts 654 and 655 of based on a concern that work may be impact on a small number of entities. delegated to the States which are chapter V of title 20, Code of Federal The Chief Counsel did not submit a Regulations, are amended as follows: already underfunded to complete comment. existing duties. The Department believes that Paperwork Reduction Act PART 654ÐSPECIAL transferring the visa adjudication RESPONSIBILITIES OF THE Section 655.106(e)(1), pertaining to EMPLOYMENT SERVICE SYSTEM function to the Department would save departure-date notification, contains substantial government resources and information collection recordkeeping Subpart EÐHousing for Agricultural would eliminate one administrative step requirements. As required by the employers would have to complete Workers Paperwork Reduction Act of 1995, the under the program. Reducing the U.S. Department of Labor has submitted 1. The authority citation for part 654, number of steps and paperwork a copy of these sections to OMB for its subpart E is revised to read as follows: involved in the process of obtaining H– review. (44 U.S.C. 3504(h)). Authority: 29 U.S.C. 49k; 8 U.S.C. 2A workers—from the filing of an 1188(c)(4); 41 Op.A.G. 406 (1959). application with the Department of The public reporting burden for Labor to the issuance of a visa by the information collection requirements § 654.403 [Amended] contained in these regulations is Department of State—should reduce 2. Section 654.403 is amended as estimated to average as follows: both the paperwork burden and the follows: number of instances that foreign 15 minutes per response, including a. In paragraph (a)(1) the phrase ‘‘30 workers do not arrive by the first date the time for reviewing instructions, calendar days’’ is removed and the of the employer’s need. The Department searching existing data sources, phrase ‘‘20 calendar days’’ is added in anticipates that the streamlined process gathering and maintaining the data lieu thereof. would involve the development of a needed, and completing and reviewing b. In paragraph (a)(3) the phrase ‘‘30 single consolidated labor certification the collection of information. calendar days’’ is removed and the application and visa petition form that Comments from the public and phrase ‘‘20 calendar days’’ is added in will eliminate otherwise redundant substantive changes are discussed in the lieu thereof. information and support both labor preamble section dealing with this certification and visa petitioning regulatory provision. PART 655ÐTEMPORARY requirements. This would eliminate the As discussed in the preamble, the EMPLOYMENT OF ALIENS IN THE necessity of employers filing visa Department anticipates further UNITED STATES rulemaking to transfer the adjudication petitions with INS for H–2A workers 1. The authority citation for part 655 of H–2A visa petitions from the INS to who are outside of the United States. continues to read as follows: The Department is committed to DOL. Although this requirement would completing the necessary rulemaking create a new collection of information Authority: Section 655.0 issued under 8 requirement for DOL, we expect a net U.S.C. 1101(a)(15)(H)(i) and (ii), 1182(m) and and associated procedural changes as (n), 1184, 1188, and 1288(c) and (d); 29 soon as possible, if INS delegates to reduction in requirements for U.S.C. 49 et seq.; sec. 3(c)(1), Pub. L. 101– DOL the authority to adjudicate H–2A employers. This rulemaking will be 238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 visa petitions. INS has begun subject to review by the Office of note); sec. 221(a), Pub. L. 101–649, 104 Stat. rulemaking to implement the transfer Management and Budget under the 4978, 5027 (8 U.S.C. 1184 note); P.L. 103– and the comment period on its proposed Paperwork Reduction Act of 1995. 206, 107 Stat 2419; and 8 CFR 214.2(h)(4)(i). rule concluded on February 5, 1999. Section 665.00 issued under 8 U.S.C. Catalogue of Federal Domestic 1101(a)(15)(H)(ii), 1184, and 1188; 29 U.S.C. Executive Order 12866 Assistance Number 49 et seq.; and 8 CFR 214.2(h)(4)(i). The Department has treated this rule This program is listed in the Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 1184; 29 U.S.C. 49 et as a ‘‘significant regulatory action’’ Catalogue of Federal Domestic seq.; and 8 CFR 214.2(h)(4)(i). within the meaning of Executive Order Assistance as Number 17.202, Subpart B issued under 8 U.S.C. 12866 because of the great interest in ‘‘Certification of Foreign Workers for 1101(a)(15)(H)(ii)(a), 1184, and 1188; and 29 the H–2A program and the legal and Agricultural and Logging Employment.’’ U.S.C. 49 et seq.

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Subparts D and E issued under 8 U.S.C. places it appears and the term ‘‘45- in no event later than such date of need. 1101(a)(15) (H)(i)(a), 1182(m), and 1184; 29 calendar-day’’ is added in each place in At the same time, the employer shall U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. lieu thereof. notify the local office of the workers’ 101–238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 expected departure date, if known. No note). § 655.106 [Amended] Subparts F and G issued under 8 U.S.C. further notice is necessary if the workers 1184 and 1288(c) and (d); and 29 U.S.C. 49 4. Section 655.106 is amended by depart by the stated date of departure. revising paragraph (e) to read as follows: et seq.; and P.L. 103–206, 107 Stat 2419. (B) If the employer did not notify the Subparts H and I issued under 8 U.S.C. § 655.106 Referral of U.S. workers; 1101(a)(15)(H)(i)(b), 1182(n), and 1184; 29 local office of the expected departure determinations based on U.S. worker U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L. date pursuant to paragraph (e)(1)(ii)(A) availability and adverse effect; activities 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 of this section, or if the H–2A workers after receipt of the temporary alien note). do not leave for the place of agricultural labor certification. Subparts J and K issued under 29 U.S.C. 49 employment on or before the stated date et seq.; and sec. 221(a), Pub. L. 101–649, 104 * * * * * of departure, the employer shall notify Stat. 4978, 5027 (8 U.S.C. 1184 note). (e) Approvals of applications—(1) the local employment office in writing Continued recruitment of U.S. workers. § 655.100 [Amended] (or orally, confirmed in writing) as soon After a temporary agricultural labor as the employer becomes aware of the 2. In § 655.100, paragraph (a)(1) is certification has been granted, the amended by removing the phrases ‘‘60 expected departure date, or that the employer shall continue its efforts to workers did not depart by the stated calendar days’’ and ‘‘60-calendar-day recruit U.S. workers until the actual period’’ and adding in lieu thereof the date and the new expected departure date the H–2A workers depart for the date, as appropriate. phrases ‘‘45 calendar days’’ and ‘‘45- employer’s place of employment. calendar-day period’’, respectively. (i) Unless the local employment office (2) Requirement for Active Job Order. § 655.101 [Amended] is informed in writing of a different The employer shall keep an active job date, the local office shall deem the order on file until the ‘‘50-percent rule’’ 3. In § 655.101, paragraph (c) is assurance at § 655.103(e) of this part is amended as follows: third day immediately preceding the met, except as provided by paragraph (f) a. In the introductory text of employer’s first date of need to be the paragraph (c), the phrase ‘‘60 calendar date the H–2A workers depart for the of this section. days’’ is removed and the phrase ‘‘45 employer’s place of employment. The (3) Referrals by ES System. The ES calendar days’’ is added in lieu thereof. employer may notify the local office in system shall continue to refer to the b. In paragraph (c)(1), the phrase ‘‘60 writing if the workers depart prior to employer U.S. workers who apply as calendar days’’ is removed in the two that date. long as there is an active job order on places it appears and the phrase ‘‘45 (ii)(A) If the H–2A workers do not file. depart for the place of employment on calendar days’’ is added in each place * * * * * or before the first date of need (or by the in lieu thereof. Signed at Washington, DC, this 22nd day stated date of departure, if the local c. In paragraph (c)(2), the phrase ‘‘60- of June, 1999. calendar-day filing requirement’’ is office has been advised of a different removed and the phrase ‘‘45-calendar- date), the employer shall notify the local Raymond L. Bramucci, day filing requirement’’ is added in lieu employment office in writing (or orally, Assistant Secretary for Employment and thereof. confirmed in writing) as soon as the Training. d. In paragraph (c)(3), the term ‘‘60- employer knows that the workers will [FR Doc. 99–16444 Filed 6–28–99; 8:45 am] calendar-day’’ is removed in the two not depart by the first date of need, and BILLING CODE 4510±30±U

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Reader Aids Federal Register Vol. 64, No. 124 Tuesday, June 29, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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 2...... 32797 Presidential Documents 11...... 33367 Proclamations: 37...... 30861 523±5227 7103 (See Proc. Executive orders and proclamations 301 ...... 29207, 29541, 30213, The United States Government Manual 523±5227 7202) ...... 29773 31963, 31964, 34109 7201...... 29769 407...... 30214 7202...... 29773 Other Services 457...... 33378, 33379 7203...... 32379 Electronic and on-line services (voice) 523±4534 923...... 33741 7204...... 32381 Privacy Act Compilation 523±3187 929...... 34705 7205...... 33737 Public Laws Update Service (numbers, dates, etc.) 523±6641 930...... 30229, 33005 TTY for the deaf-and-hard-of-hearing 523±5229 Executive Orders: 947...... 34113 12759 (revoked by EO 989...... 30233 13123) ...... 30851 ELECTRONIC RESEARCH 1205...... 30236 12845 (revoked by EO 1301...... 34511 World Wide Web 13123) ...... 30851 1710...... 33176 12902 (revoked by EO Full text of the daily Federal Register, CFR and other 1780...... 29945 13123) ...... 30851 publications: 1940...... 32370 12938 (amended by 2003...... 32387 http://www.access.gpo.gov/nara EO 13128)...... 34703 3400...... 34102 Federal Register information and research tools, including Public 13073 (amended by 3565...... 32370 Inspection List, indexes, and links to GPO Access: EO 13127)...... 32793 3570...... 32387 http://www.nara.gov/fedreg 13123...... 30851 Proposed Rules: 13124...... 31103 246...... 32308 E-mail 13125...... 31105 301...... 30250 PENS (Public Law Electronic Notification Service) is an E-mail 13126...... 32383 319...... 31512, 34141 service that delivers information about recently enacted Public 13127...... 32793 916...... 30252 Laws. To subscribe, send E-mail to 13128...... 34703 917...... 30252 [email protected] Administrative Orders: 989...... 34571 Memorandums: 920...... 34144 with the text message: May 26, 1999...... 29539 981...... 31153 subscribe PUBLAWS-L your name June 10, 1999...... 32795 1065...... 30256 Use [email protected] only to subscribe or unsubscribe to Presidential Determinations: 1216...... 31736 PENS. We cannot respond to specific inquiries at that address. No. 99±25 of May 24, 1230...... 31158 1999 ...... 29537 1306...... 33027 Reference questions. Send questions and comments about the No. 99±26 of June 3, 1307...... 33027 Federal Register system to: 1999 ...... 31109 1309...... 33027 [email protected] No. 99±27 of June 3, 1310...... 33027 The Federal Register staff cannot interpret specific documents or 1999 ...... 31111 1412...... 34154 regulations. No. 99±28 of June 3, 1550...... 32156 1999 ...... 31113 1710...... 33228 No. 99±29 of June 17, FEDERAL REGISTER PAGES AND DATES, JUNE 8 CFR 1999 ...... 33739 29207±29536...... 1 103...... 33386 29537±29776...... 2 5 CFR 208...... 33386 29777±29944...... 3 213...... 31485 214 ...... 29208, 30103, 32146, 29945±30212...... 4 353...... 31485 33346 30213±30378...... 7 532...... 33175 240...... 33386 30379±30860...... 8 870...... 31485 246...... 33386 30861±31104...... 9 890...... 31485 274a...... 33386 31105±31484...... 10 1620...... 31052 299...... 33386 31485±31686...... 11 1650...... 31052 Proposed Rules: 31687±31962...... 14 1651...... 31052 214...... 32149 31963±32178...... 15 1690...... 31052 9 CFR 32179±32386...... 16 2430...... 30861 32387±32794...... 17 Proposed Rules: 91...... 29947 32795±33004...... 18 177...... 33226 93...... 31966, 34707 33005±33174...... 21 532...... 33427 98...... 34707 33175±33366...... 22 630...... 31735 Proposed Rules: 33367±33738...... 23 831...... 33429 3...... 30257 33739±34108...... 24 841...... 33429 92...... 34155 34109±34510...... 25 94...... 34155 34511±34704...... 28 7 CFR 98...... 34155 34705±34966...... 29 1...... 33367 317...... 29702

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318...... 29602 23...... 29247 74...... 32803 4044...... 31975 381...... 29602 25...... 32978 101...... 34125 Proposed Rules: 39 ...... 29602, 29607, 29814, 172...... 29949 1910 ...... 32447, 33810, 34625 10 CFR 29965, 29966, 29969, 29972, 173...... 29224 2510...... 30452 2...... 29212, 29213 31518, 31520, 31523, 31687, 175...... 29553 72...... 33178 31689, 33229, 33232, 33435, 178...... 30386 30 CFR 170...... 31448 33437, 33439, 33441, 33443, 520 ...... 30386, 31497, 32180 Ch. II ...... 30267 171...... 31448 33445, 33447, 34168, 34170, 556...... 31497 914...... 31691 1703...... 31115 34575, 34577, 34579, 34581, 900...... 32404 938...... 30387 34582, 34584, 34586, 34588, Proposed Rules: Proposed Rules: Proposed Rules: 34590, 34746 2...... 29246 1...... 32442 917...... 29247 71 ...... 29817, 30259, 30260, 50...... 31737 5...... 34608 925...... 32449 30261, 30928, 31525, 31526, 432...... 33431 111...... 32830 943...... 29249 850...... 29811 31527, 32828, 33234, 34592 206...... 34608 91...... 33142 250...... 34608 31 CFR 11 CFR 108...... 31686 314...... 34608 Proposed Rules: 9034...... 32394 121...... 33142 600...... 34608 135...... 33142 10...... 31994 Proposed Rules: 601...... 34608 145...... 33142 110...... 31159 884...... 31164 254...... 34592 900...... 32443 32 CFR 12 CFR 298...... 34747 171...... 29227 22 CFR 706...... 31037 4...... 29214 15 CFR 331...... 30869 Ch. VII...... 32805 881...... 33400 774...... 30103 Proposed Rules: 614...... 34514 23 CFR 616...... 34514 Proposed Rules: 199...... 32451 922...... 30929, 31528 618...... 34514 180...... 29742 884...... 29252 621...... 34514 16 CFR 655...... 33751 703...... 33184 Proposed Rules: 33 CFR 4...... 32179 707...... 33009 655...... 33802, 33806 20...... 34540 23...... 33193 712...... 33184, 33187 668...... 30263 3...... 34710 245...... 30898 902...... 30880 4...... 34710 305...... 32403 903...... 30880 24 CFR 40...... 34710 901...... 34532 5...... 33754 84...... 34710 Proposed Rules: 1615...... 34533 203...... 29758 96...... 34710 1...... 31749 1616...... 34533 320...... 34106 100 ...... 30388, 30389, 30390, 5...... 31749 1700...... 32799 7...... 31749 968...... 33636 31977, 31978, 31979, 31980, Proposed Rules: 24...... 31160 Proposed Rules: 32409, 33402, 34541, 34542, 23...... 30448 1750...... 31756, 32828 Ch. IX...... 30450 34543 312...... 34595 245...... 32782 110...... 29554 1615...... 34597 13 CFR 902...... 33348 117 ...... 29558, 29559, 29561, 1616...... 34597 301...... 32974 960...... 33640 30390, 31981, 33403, 33404, Proposed Rules: 17 CFR 964...... 33644 34710 990...... 30451 127...... 34710 120...... 34745 5...... 29217, 30384 138...... 34710 121...... 29813 10...... 30902 25 CFR 151...... 34710 30...... 30103 14 CFR 154...... 34710 200...... 34539 Proposed Rules: 159...... 34710 14...... 32926 240 ...... 29550, 31493, 32924 20...... 34173 151...... 30929 160...... 33404, 34710 17...... 32926 Proposed Rules: 39 ...... 29777, 29788, 29781, 162...... 29554, 32103 1...... 32829 26 CFR 164...... 34710 29783, 30379, 30382, 31488, 30...... 32829 1 ...... 29788, 32181, 33194 165 ...... 29554, 29561, 30242, 31490, 31491, 31687, 31689, 240...... 29608 31967, 32398, 32399, 32797, 20...... 33194 30243, 31982, 31984, 32181, 33010, 33386, 33390, 33392, 18 CFR 25...... 33194 32183, 32184, 32185, 33196, 33394, 33743, 33745, 33747, 31...... 32408 34551, 34553, 34554, 34556, 37...... 34117 34710 34519, 34523, 34525, 34526, 385...... 31493 Proposed Rules: 1 ...... 31770, 32205, 32305 167...... 34710 34528, 34530, 34707 Proposed Rules: 71 ...... 29785, 30241, 30888, 25...... 33235 169...... 29229, 31037 35...... 31390 174...... 34710 31115, 31116, 31117, 31118, 385...... 29614, 33034 301...... 31529 31119, 31120, 32179, 32401, 175...... 34710 32402, 32924, 33010, 33011, 19 CFR 27 CFR 179...... 34710 33012, 33013, 33014, 33188, Proposed Rules: 181...... 34710 Proposed Rules: 183...... 34710 33189, 33190, 33191, 33192, 4...... 29975 4...... 33448 Proposed Rules: 33193 111...... 34748 178...... 33450 100...... 30273 95...... 30890 159...... 29975 179...... 33450 117...... 34748 97 ...... 30892, 30895, 30896, 351...... 29818 33397, 33399 28 CFR 155...... 31994 121...... 32176 20 CFR 92...... 32806, 33016 165...... 30274, 32209 135...... 32176 404...... 29786, 33015 345...... 32168 167...... 32451 401...... 29786 416...... 31969 540...... 32170 34 CFR 411...... 29786 422...... 33015 Proposed Rules: 413...... 29786 654...... 34958 543...... 32172 5b...... 31066 415...... 29786 655...... 34958 300...... 34048 417...... 29786 29 CFR Proposed Rules: Proposed Rules: 21 CFR 2509...... 33000 99...... 29532 11...... 33142 5...... 33194 2704...... 31895 685...... 32358

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36 CFR 62 ...... 29822, 29976, 32464, Proposed Rules: 209...... 31732 515...... 34183 Proposed Rules: 32465 803...... 30442 520...... 34183 1190...... 31995 63 ...... 30453, 30456, 33453, 852...... 30442 530...... 34183 1191...... 31995 34627, 34950 1537...... 30443 535...... 34183 1228...... 30276 68...... 34179 1552...... 30442 70...... 32465 47 CFR Proposed Rules: 37 CFR 80...... 30930, 32209 52...... 32738, 32742 0...... 31139, 34734 201...... 29518 81...... 29822, 30937 212...... 33238 82...... 31772 22...... 33762, 34564 214...... 33239 202...... 29518, 29522 36...... 30917 203...... 29518 86...... 32209 215...... 33239 141...... 30464 43...... 34734 247...... 33238 204...... 29518 51 ...... 29598, 32206, 34137 211...... 29518 176...... 29823 252...... 33238 180...... 30939, 31040 54...... 30440, 33785 808...... 29981 38 CFR 185...... 30939 63...... 34734 812...... 29981 64...... 34734 Ch. I ...... 30244 186...... 30939 813...... 29981 239...... 30465 73 ...... 31140, 31141, 31142, 852...... 29981 3 ...... 30244, 30391, 30392, 31143, 31511, 32441, 32821, 32807 261...... 31170 853...... 29981 272...... 34180 32822, 32823, 33224, 33225, 1815...... 30468 4...... 30392, 32410 34742, 34743 21...... 31693 300 ...... 32466, 32468, 33812, 34180 76...... 29598, 33788 79...... 33425 49 CFR 39 CFR 799...... 31074 90...... 33762 1...... 29601 111...... 31121 41 CFR Proposed Rules: 23...... 34569 Proposed Rules: 101±35...... 32196, 34733 1...... 30288 26...... 34569 265...... 30929 101±47...... 31731 20...... 31530 80...... 29742 22...... 30288 261...... 29742 40 CFR 301±11...... 32812 24...... 30288 640...... 29742 9 ...... 29490, 31358, 31693, 42 CFR 26...... 30288 Proposed Rules: 33550 416...... 32198 27...... 30288 40...... 29831 52 ...... 29235, 29563, 29567, 36...... 30949, 31780 71...... 33035 29570, 29573, 29790, 29793, Proposed Rules: 52...... 32471 5...... 29831 192...... 29834 29958, 30394, 30396, 30399, 54...... 31780, 33813 51c ...... 29831 195...... 29834 31498, 32187, 32346, 32353, 69...... 31780 412...... 31995 571 ...... 29616, 29617, 31533 32411, 32415, 32418, 32422, 73 ...... 29977, 29978, 29979, 413...... 31995 1121...... 34185 32809, 32810, 33018, 33021, 29980, 30288, 30289, 30290, 483...... 31995 33197, 33200, 33956, 34126, 30291, 30292, 30293, 30294, 485...... 31995 50 CFR 34557, 34558, 34717, 34726 30295, 30296, 31171, 31172, 59...... 32103 13...... 32706 43 CFR 31173, 31174, 31175, 31176, 62 ...... 29796, 29961, 32425, 31532, 33237, 34750, 34751, 17...... 32706, 33796 32427, 32430 Proposed Rules: 34752, 34753, 34754, 34755 20...... 29799, 32778 63 ...... 29420, 29490, 30194, 2800...... 32106 74...... 30288 21...... 32766, 32778 30406, 31358, 31695, 31895, 2880...... 32106 80...... 30288 23...... 31989 31898, 32610, 33202, 33550, 3100...... 29256 87...... 30288 222...... 29805 34560, 34854 3110...... 29256 90...... 30288, 31532 223...... 29805 69...... 34126 3120...... 29256 95...... 30288 230...... 31037 70...... 32433 3130...... 29256 97...... 30288 285...... 29806, 30925, 80...... 30904 3140...... 29256 101...... 30288 31992,34138 81...... 30911 3150...... 29256 600...... 31895 82...... 29240, 30410 3160...... 29256 48 CFR 622...... 30445, 33800 85...... 30415 3170...... 29256 Ch. 1...... 32740, 32748, 32749 635 ...... 29806, 30248, 31992, 136...... 30417 3180...... 29256 1...... 32741, 32748 34138 141...... 34732 4...... 32741 648 ...... 31144, 32824, 32825, 44 CFR 142...... 34732 9...... 32748 33425, 34139 180 ...... 29581, 29589, 31124, 15...... 31136 11...... 32741 660 ...... 29808, 31895, 33026 31129, 31501, 31505, 32189, 65...... 32816 12...... 32742, 32748 679 ...... 29809, 30926, 30927, 33022 67...... 32817 13...... 32741 31151, 31733, 32207, 33426, 185...... 29589 Proposed Rules: 14...... 32741 34743 186...... 29589 67...... 32831 15...... 32741 Proposed Rules: 239...... 30434 16...... 32746 17 ...... 29983, 33816, 34755 244...... 32436 46 CFR 19...... 32742, 32748 20...... 32752, 32758 261...... 31986 5...... 34540 22...... 32748 216...... 31806 272...... 34133 8...... 30437 31...... 32748 223...... 33037, 33040 723...... 31987 16...... 31989 36...... 32746 224...... 33037, 33040 745...... 31092 31...... 30437 37...... 32741 226...... 29618 761...... 33755 71...... 30437 39...... 32747 600...... 30956 Proposed Rules: 91...... 30437 42...... 32748 622 ...... 29622, 31536, 33041, 52 ...... 29255, 29615, 29616, 107...... 30437 52 ...... 30103, 32741, 32742, 34756 29821, 29976, 30276, 30453, 502...... 33762 32748 635...... 29984 31168, 31529, 32352, 32355, 545...... 33762 53...... 32748 648 ...... 29257, 30956, 32021, 32457, 32458, 32464, 32831, 551...... 30245 203...... 32305 34758, 34759 22962, 34173, 34626 571...... 33762 207...... 31732 660...... 29834, 32210

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REMINDERS Review of award fee Myclobutanil; comments due The items in this list were COMMENTS DUE NEXT determinations; comments by 7-6-99; published 5-6- due by 7-6-99; published 99 editorially compiled as an aid WEEK to Federal Register users. 5-6-99 Phosphine; comments due Inclusion or exclusion from ENERGY DEPARTMENT by 7-9-99; published 6-9- AGRICULTURE this list has no legal Chronic beryllium disease 99 DEPARTMENT significance. prevention program; Superfund program: Agricultural Marketing comments due by 7-6-99; National oil and hazardous Service published 6-3-99 substances contingency RULES GOING INTO Melons grown inÐ ENVIRONMENTAL planÐ EFFECT JUNE 29, 1999 Texas; comments due by 7- PROTECTION AGENCY National priorities list 6-99; published 5-4-99 Air pollutants, hazardous; update; comments due AGRICULTURE AGRICULTURE national emission standards: by 7-9-99; published 5- DEPARTMENT DEPARTMENT Polymer and resin 10-99 Animal and Plant Health Animal and Plant Health production facilities (Group Water programs: Inspection Service Inspection Service IV); comments due by 7- Oil pollution; non- 8-99; published 6-8-99 Exportation and importation of Aquaculture: transportation-related Air programs: animals and animal Farm-raised fin fish; facilities prevention and products: comments due by 7-6-99; Fuels and fuel additivesÐ response; comments due Puerto Rico gasoline; Horses, ruminants, and published 5-4-99 by 7-7-99; published 5-18- compliance baseline swine; semen, embryos, 99 COMMERCE DEPARTMENT modification; comments and products; alternative Pollutants analysis test International Trade due by 7-9-99; ports of entryÐ procedures; guidelinesÐ Administration published 6-9-99 Memphis, TN; published Mercury; measurement Antidumping and Puerto Rico gasoline; method; comments due 4-30-99 countervailing duties: compliance baseline Memphis, TN; published by 7-8-99; published 6- Antidumping duty orders; modification; comments 8-99 6-29-99 revocation; comments due due by 7-9-99; FEDERAL ENVIRONMENTAL by 7-6-99; published 6-3- published 6-9-99 COMMUNICATIONS PROTECTION AGENCY 99 Ozone areas attaining 1- COMMISSION Air pollutants, hazardous; hour standard; COMMERCE DEPARTMENT Common carrier services: national emission standards: identification of areas National Oceanic and where standard will cease Truth-in-billing and billing Generic maximum Atmospheric Administration to apply; comments due format; common sense achievable control Endangered and threatened by 7-9-99; published 6-9- principles; comments due technology; published 6- species: 99 by 7-9-99; published 6-25- 29-99 Critical habitat designationÐ Air programs; approval and 99 Air quality implementation Oregon coast coho promulgation; State plans Radio stations; table of plans; approval and salmon; comments due for designated facilities and assignments: promulgation; various by 7-9-99; published 5- pollutants: States: California; comments due by 10-99 Florida; comments due by 7-6-99; published 5-26-99 Missouri; published 6-29-99 Southwestern Washington/ 7-6-99; published 6-4-99 Illinois; comments due by 7- Drinking water: Columbia River and South Dakota; comments 6-99; published 5-25-99 due by 7-6-99; published National primary drinking Umpqua River coastal Nebraska; comments due by 6-3-99 water regulationsÐ cutthroat trout in 7-6-99; published 5-25-99 Washington and Oregon; Air quality implementation Consumer confidence Nevada; comments due by comments due by 7-6-99; plans; approval and reports; correction; 7-6-99; published 5-26-99 published 6-29-99 published 4-5-99 promulgation; various Fishery conservation and States: New Mexico; comments due GENERAL SERVICES by 7-6-99; published 5-25- ADMINISTRATION management: Alabama; comments due by 7-6-99; published 6-4-99 99 Federal property management: Caribbean, Gulf, and South Atlantic fisheriesÐ California; comments due by Oregon; comments due by Purchase or lease 7-6-99; published 6-3-99 7-6-99; published 5-25-99 determinations guidelines South Atlantic Region fishery management Ohio; comments due by 7- FEDERAL DEPOSIT and private inspection, 8-99; published 6-8-99 INSURANCE CORPORATION testing, and grading plans; comments due Texas; comments due by 7- Asset and liability backup services use; published 6- by 7-8-99; published 5- 6-99; published 6-3-99 program; comments due by 29-99 24-99 West Coast States and Air quality planning purposes; 7-9-99; published 6-9-99 JUSTICE DEPARTMENT Western Pacific designation of areas: FEDERAL EMERGENCY Immigration and fisheriesÐ Texas; comments due by 7- MANAGEMENT AGENCY Naturalization Service Northern anchovy; 6-99; published 6-3-99 Flood insurance program: Immigration: Hazardous waste: comments due by 7-9- Insurance coverage and Documentary requirements: 99; published 5-25-99 Solid waste disposal ratesÐ Nonimmigrants; waivers; facilities that receive DEFENSE DEPARTMENT Insured structures; admission of certain conditionally exempt small inspection by inadmissible aliens; Acquisition regulations: quantity generator communities; comments parole; published 4-30-99 Weighted guidelines and hazardous waste; state performance-based due by 7-6-99; TRANSPORTATION permit program adequacy; payments; comments due published 5-5-99 DEPARTMENT comments due by 7-8-99; by 7-6-99; published 5-4- published 6-8-99 FEDERAL HOUSING Coast Guard 99 Pesticides; tolerances in food, FINANCE BOARD Drawbridge operations: Federal Acquisition Regulation animal feeds, and raw Affordable housing program Louisiana; published 6-23-99 (FAR): agricultural commodities: operation:

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Program requirements comments due by 7-6-99; Health services agencies; Class E airspace; comments clarification; comments published 5-6-99 comments due by 7-6-99; due by 7-9-99; published 6- due by 7-6-99; published INTERIOR DEPARTMENT published 5-4-99 9-99 5-5-99 Fish and Wildlife Service TRANSPORTATION TRANSPORTATION FEDERAL TRADE Endangered and threatened DEPARTMENT DEPARTMENT COMMISSION species: Coast Guard Federal Highway Industry guides: Coastal cutthroat trout; Pollution: Administration Jewelry, precious metals, comments due by 7-6-99; Non-petroleum oils; marine Motor carrier safety standards: and pewter industries; published 4-5-99 transportation-related Motor carrier qualifications comments due by 7-8-99; facilities; response plans; published 6-8-99 JUSTICE DEPARTMENT to self-insure operations comments due by 7-7-99; and fees to support GENERAL SERVICES Public Safety Officers' published 4-8-99 Educational Assistance approval and compliance ADMINISTRATION Ports and waterways safety: Program; comments due by process; comments due Federal Acquisition Regulation Raritan River, NJ; safety (FAR): 7-9-99; published 5-25-99 by 7-6-99; published 5-5- zone; comments due by 99 Review of award fee JUSTICE DEPARTMENT 7-7-99; published 6-7-99 determinations; comments Prisons Bureau TRANSPORTATION Regattas and marine parades: DEPARTMENT due by 7-6-99; published Inmate control, custody, care, 5-6-99 Charleston Harbor Grand Federal Transit etc.: Prix; comments due by 7- HEALTH AND HUMAN Administration Smoking/no smoking areas; 9-99; published 5-10-99 SERVICES DEPARTMENT Major capital investment comments due by 7-6-99; New Jersey; comments due Food and Drug projects; comments due by published 5-6-99 by 7-9-99; published 5-10- Administration 7-6-99; published 4-7-99 NATIONAL AERONAUTICS 99 Food additives: AND SPACE TRANSPORTATION Sucrose acetate isobutyrate; TRANSPORTATION ADMINISTRATION DEPARTMENT comments due by 7-6-99; DEPARTMENT published 6-4-99 Federal Acquisition Regulation Federal Aviation National Highway Traffic Safety Administration Medical devices: (FAR): Administration Sunlamp products Review of award fee Air traffic operating and flight Motor vehicle safety performance standard; determinations; comments rules, etc.: standards: recommended exposure due by 7-6-99; published Terrain awareness and Occupant crash protectionÐ schedule and health 5-6-99 warning system; Seat belt assemblies; warnings requirements; NATIONAL ARCHIVES AND comments due by 7-9-99; comments due by 7-6- comments due by 7-9-99; RECORDS ADMINISTRATION published 5-27-99 99; published 5-19-99 published 5-4-99 Records management: Airworthiness directives: TRANSPORTATION HEALTH AND HUMAN Agency records centers; AlliedSignal Inc.; comments DEPARTMENT SERVICES DEPARTMENT storage standard update due by 7-6-99; published Research and Special Health Care Financing Meeting and comment 4-6-99 Programs Administration Administration Bell; comments due by 7-6- period extension; Pipeline safety: Medicare: comments due by 7-7- 99; published 4-7-99 Hospital inpatient 99; published 6-7-99 Boeing; comments due by Gas gathering lines, prospective payment definition; electronic NUCLEAR REGULATORY 7-6-99; published 6-11-99 systems and 2000 FY discussion forum; COMMISSION Dassault; comments due by comments due by 7-7-99; rates; comments due by 7-6-99; published 6-4-99 7-6-99; published 5-7-99 Well logging operations; published 4-30-99 McDonnell Douglas; licenses and radiation safety Pipeline personnel; HOUSING AND URBAN comments due by 7-6-99; requirements: qualification requirement; DEVELOPMENT published 4-6-99 DEPARTMENT Energy compensation environmental Pratt & Whitney; comments Low income housing: sources and other assessment; comments due by 7-6-99; published Housing assistance regulatory clarifications; due by 7-6-99; published 6-4-99 payments (Section 8)Ð comments due by 7-6-99; 6-3-99 published 4-19-99 Raytheon; comments due by Fair market rent TREASURY DEPARTMENT PERSONNEL MANAGEMENT 7-6-99; published 5-18-99 schedules for rental Alcohol, Tobacco and OFFICE Airworthiness standards: certificate, loan Firearms Bureau management, property Employment: Special conditionsÐ disposition, moderate Bell Helicopter Textron Alcohol; viticultural area Displaced former Panama designations: rehabilitation, rental Canal Zone employees; Canada model 427 voucher programs, etc.; interagency career helicopters; high Applegate Valley, OR; comments due by 7-6- transition assistance; intensity radiated fields; comments due by 7-6-99; 99; published 5-7-99 comments due by 7-6-99; comments due by 7-6- published 5-6-99 Fair market rent published 5-7-99 99; published 5-20-99 TREASURY DEPARTMENT schedules for rental POSTAL SERVICE Boeing model 767-400ER Freedom of Information Act; certificate, loan airplane; sudden engine implementation; comments management, property Freedom of Information Act; stoppage; comments implementation; comments due by 7-6-99; published 5- disposition, moderate due by 7-6-99; 6-99 rehabilitation, rental due by 7-9-99; published 6- published 5-20-99 9-99 VETERANS AFFAIRS voucher programs, etc.; Dornier model 328-300 DEPARTMENT correction; comments SMALL BUSINESS airplane; high intensity due by 7-6-99; ADMINISTRATION radiated fields; Medical benefits: published 5-20-99 Small business size standards: comments due by 7-6- Patient rightsÐ INTERIOR DEPARTMENT Accounting, auditing, and 99; published 5-20-99 Medication prescribing Indian Affairs Bureau bookkeeping services; Class D airspace; comments authority; comments Financial assistance and comments due by 7-6-99; due by 7-7-99; published 6- due by 7-6-99; social services programs; published 6-3-99 7-99 published 5-4-99

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